Star.
London, England, 1810-10-27 00:00:00

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WESTMINSTER SVISiIOArt

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Biala Ina, the keeper of the Defianue
house, in Market-street, St. James's, was' yester f.
tried on an indictment, charging him yip a public..
nuisance, in permitting persons to play at a certain I
unlawful game, called billiards, in his house, on Sun.
dAy, the 27th of June List. •
Mr. ALLEY, oii the indictment being read, contend-
ed, that from its form and substance, it was impossi-
ble that the Court. could proceed to the trial of the
defendant, inasmuch as the game of billiards .was
not denoinivated an unlawful- game, either by the
statutes or by common law. If, therefore, the de-
fendant was guitly of any offence, which he denied,
that offence was erroneously described on the face of
the indictment.

Mr. POOLE%, for the prosecution, argued that the
offence with which the defendant was accused was
contra 60« u UMW, and 'consequently punishable by law.
Mr. Acr.Ey, in' reply. said, if that plea was in-
tended to have been the ground of the prosecution, it
should have been so described in the indictment, but
that not having been the case, he conceived himself
entitled to a verdict.

A long knd intricate argument ensued, in which
the Counsel on both sides ably defended their opi-
nions. With the concurrence of the Court, however,
the cause at length proceeded.
The first witness examined was a tax-gatherer,
who merely spoke to the residence oldie defendant in
the house described in the indictment.

Mr. Lumley, the prosecutor, was then examined,
He stated, that he was landlord of the One Tun Ta-
vern, which was next door to the house of the de-
fendant ; that on Sunday evening, the 27th of June,
he saw persons playing at billiards in a back room
of the said defendants house ; and that on divers
other days he witnessed similar practices. On cross-
examination, he said, that in the instance to which
he particularly alluded, and which formed the ground
of the prosecution, he could not swear that the per-
sons were playing for money, or were not the rela-
tions of the defendant ; nor could he say that the
tattle was withi:t public view.
A watchman who was called in by Lumley, for
the purpose of seeing what w►as going forward, in
order that he might act as a witness on the present
trial, wax also examined ; all he could say, how-.
ever, was, that he beard a rattling noise, but whe-
dier it was billiards that were playiniK, or one of his
brethren's rattles that seas rattling, he could not po-
sitively Swear.
Mr. Thompson, who lives next to the defendant's
house, in St. James's Market, deposed, that on the
day in question he heard the billiard balls rattle,
'but was unable to see into the billiard room, as a
green cloth was hung up for the purpose of pre-
venting persons from observing what was going
forward.

This being the whole of the testimony adduced in
support of the prosetution,

Mr. Manswantrio, in his address to the Jury, ob-
served, in his opinion, there was not the slightest
ground for charging the defendant with being the
author of a public nuisance. In the first instance, he
said, the game of billiards was not an nnliwful
is the second ['lice, there was no prOof that the
parties who were playing were gaming ; and lastly,
and most decisively, the prosecutor and the other
witnesses stated, that every precaution was taken to
prevent the public from knowing what was going for-
ward. If prosecutions were tolerated on such light
grounds as these, no gentleman who chose to amuse
himself by knocking his own billiard balls about on a
Sunday, Could be safe. Having thus expressed his opi.
nion, hi left it for the Jury to return such a verdict as
their consciences dictated.
A verdict_ of Not Guilty was immediately given.

LbThe body of a seaman with one arm was on Mon.
day picked up floating, in Plymouth Sound. He had
'ili his pocket 427 in notes, and three guineas in cash.
,His name appears to be Richard Benson ; and, from
sOme papers, he seem tO be from the North of Eng-
. d.
- • Saturday Konnight, a truly disgessing circum.
licence occurred at the Deer Park, near Killarney.—
l'ffjchael Connor, a child about eight years of age,
..tiestottipantEd by Ellen Shea, a little girl of eleven,
having gone into a room in which a loaded gun was
ihta,utionati left, the boy' put his hand on it, and by
some aceidentit nifortimately went off, the contents
lodging in the head of his hapless companion, who
`almost instantly expired. -
1 • . ./. . 1
' Vi,futopli sroitm,.-The zykley (Npw South Wales)
Galion: gives, the following account of the effects pia
thunder stottr4 which happened there on the Oth of
January ;....." The Gazette Qthce was struck hr Sive.
ell placed at different intervals. Many of the.. print,
ing materialabehig.fortioed of iron, the causes of at-
traction* !fete. no dOlibt, thestronger, ititd The effects
Were tratelT/fed, "14 t two lower. roots were 11.
*sons, Al:' Of. whosti sirer*.,childfr, ' and ad were
effected in I iviiitei:iirs less degree, brit none serf:
ously injured. By the first shock, a young rein, in
asaistans, fey a violent concussion on_ the head, which
bowed;him tO theground, but which. he at:th.e too.
(.ebent:.., ,a,ttili utel to the fall of some woighty substance head. Re mnechately, however, left the ;lace
.. . .
ion, ithteb be stood, and, in retreating into att.
~' .in.;
:ipg. room, was Opposed in his paisage by a . • oc.
astone#-by the bursting in.of.a bar' t door, the whole
..woOdaufkbriek work connected with which was rent
'to at.. '• • soMe"Of thishattered materials beinkdriven
inwai.t• and others` outwards, to the distance of 30
feet fill*, At, door.' Fite Publisher happening at the
time to.obe,revising a proof impteasion of the Paper;
;was thrown backwards with his seat, unconscious to
what causkto attribute the,disaster, so instantaneously
impaired.was his recollection. On rising, he. found
himself enveloped in smoke, as he then iniagined, but
rOpre. . i m the dust- of lime and mortar scat-
tered- ' PTObalil
Pions the rick work. • Those who were lest
affected than.hintvelf declare that the electric matter
had the appearance of a ball, which rebounded to and
fm with a velocity peculiar to itself. On subsequent
exithinitioli,lt appears to have entered the house at
arevetOikts. 't-be•ionet bri4k-work of the. c4izgeies
beittia many. pieces-fractured, one of, tbe.rattersof
the' oof, and a board in the upper floor, splintered,
,ußfl..the brisk-work. of many parts, both withi!? and ,
wahain ther4K: iiii!)l/ 'TP4I4O4'II" s444tPri4l'
_sad tears cum!' . :_