Star.
London, England, 1828-01-10 00:00:00

POETRY.

FAREWELL.
. Br ors LATE Da. Ham, BMW Of CaLcurra.

When eyes are beaming
Vint never tongue might tell,
When tears are streaming
From their crystal cell;
When bands are linked that dread to part,
And bent is met by throbbing heart,
! bitter, bitter is the smart
Of them that bid farewell!
When hope is chidden
That fain of bliss would tell,
And love forbidden
In the breast to dwell
When fettet'd by a viewless e.haba,
We turn and gaze, and turn again,
Oki death were mercy to tbe.pain
Of them that bid farewell!

LAW INTELLIGENCE.

COURT OF KING'S MINCH, Jan. a.
CRUSitt V. GARRATT.
This was an action by the plaintiff, a teacher of foreign
languages, against the defendant, a schoolmaster at St.
John's-wood, Mary-la-bonne, to recover the amount of
a quarter's salary which the former claimed to be due
to bim in respect of an engagement as teacher in the
defendant's school.
The ATTORNRT GRIMM. stated the plaintiff's case,
and it appeared from the evidence of the witness whom
he examined, that in March 1826, the Plaintiff was en-
gaged by the defendant as an assistant in his school, at
a, salary of forty guineas per. annum. He continued in
the defendant's service until the 9th of October follow-
ing, when, without any previous notice, he was dismissed
by the defendant, who tendered him a pound for his
set vices, from the end of the last preceding quarter to
the time of his discharge, but refused to pay him for the
entire quarter which had been broken into. It was at-
tempted to be proved, that it was customary between
schoolmasters and their assistants, to give a quarter's
notice of an intention to vacate a yearly engagement,
unless any express stipulation was made to the contrary,.
but the evidence failed; and it having been sworn by
one of the witnesses that at the time the defendant en-
gaged the plaintiff, nothing was said by either party
about a quarter's notice.
Mr.BROUGHAM, for the defendant, submitted that the
plaintiff must Lay nonsuited, as he had declared on a
special contract determinable on a quarter's notice.
After some observations by the ATTOBNTY GRHSRAL.
one of the witnesses was recalled, and stated that when
the plaintiff. was engaged by the defendant, it was stir
palmed that the salary would be paid quarterly. Upon
,this evidence,
The ATTORNEY GRYRRAL submitted, that there was
an implied hiring for a year, and that the plaintiff was
entitled to a quarter's notice.
Lord *Donut:an said, there was, at all events,
enough to show a hiring for a quarter, and the plaintiff
would, therefore, be entitled to a quarter's notice, unless
it could be shown that he was not dismissed without
sufficient cruse.
Mr. flaws:cam said he was content to rest the case
vas that point, as he bad no doubt of being able to
show that the plaintiff bad not been dismissed without
cause. He then addresseh the Jury, stating, that
reesdhould prove, by tie witnesses whom he should call,
that the plaintiff, who was a person of a most irascible
temper, had in many instances violated the rules of-the
school, by inflicting corporal punishment on the boys,
and that in one instance he had done so after distinct
notice given to him by the defendant, that unless he
desisted from such conduct, he would be dismissed from
his situation. If he proved these facts, which be had
no doubt of being able to do, he should have shown
sufficient cause for the plaintiff's dismissal without,
notice.—The foilowing witnesses were then called—
George Bindley, an usher in the defendant's school,
stated that it was contrary to the known practice cf
the school for the assistants to strike the boys—their
punishment was by tasks. Witness was present when
the plaintiff beat a boy pf the name of Edwards. He
was aboitt 13 years of age. Plaintiff beat him very
violeatly with his fist, and knocked his head against the
desk. ' Tnii was in September, 18% Alms he had re-
his blows several times, he took. the boy by the
esd'of the neckcloth, and.knocked the lower part of his
law agiittst the front of the desk. The defendant was
not pre-ent at the time; but he afterwards told the
plaintsff. that be must not strike the boys, and that it
they acquired flogging he would do .it himself. The
plaintiff, about a week after, beat another boy, named
Freeman, who was about 14 years old; be struck him
several violent blows on the side of the head. On the
lame day he threatened to cut one of the assistants in
two. pit the defendant's being informed of this, he
told the ; laiiitiff that be would not allow him to strike
Oily one in the house.
Cross•examined—The defendant was never absent
Win the school more than ten minutes without plain-
..tiff's beating the boys. He was of a very violent temper.
' Thomas Smirden, an assistant teacher in the defend-
ant's school. confirmed the testimony of Bindley, as to
the beating of Edwards. Witness had frequently seen
'!fie plaintiff strike several of the boys. Corporal punish-
'ment was contrary to the rule of the school- This was
• comniunica•ed to the plaintiff by the defendant, after
he had heard of the beating of Edwards, and be told
the plaintiff that it the young Gentlemen required pu-
nishment he would inflict it himself. He added, that ,
if the pleinsiff again infringed the rule, be should die
:nisi him front his situation.
'Cross-examined.—There were upwards of 60 boys
the school, and there were four ushers. The beating
orEdwards was occasioned by a quarrel between him
and the plaintiff, distinct from his (Edward's) lesson.
Wm. Sasirden, an apprentice of the defendant's, saw
the plaintiff strike Master Ereeman. He knocked his
h ad against the wall because he and another boy came
up together to say.their lesson. Upon this occasion the
defendant told the plaintiff that if be struck the young
Gentle shah again he would discharge him. The plain-
tiff was tiiamissed.on the evening of the same day. The
plaintiff told him that he was dismissed for sulking the
'beYs and leaving the school with only one assistant,in
it. This was said in consequence of the plaintiff's goiag out
or the house in the afternoon of the day on which he
struck,tyli.F.tressaa, and not returning until nearly nine
o'clock' at night. It was the rule that mote than one
assistant should remain in the school,and there wits only
one there alien the plaintiff went out. The defendant
on dismissing the plaintiff offered to pay him 14. in full
-for his salary; but the plaintiff refused to take it. ,
Cross•examined—On the plaintiff's return, after
leaving the school, the defendant remonstrated with
him, and said be would knock his b—y head off. Wit-
ness thinks this was not without provocation, for the
'plaintiff told-the defendant that he was as ignorant as',
a cart horse. On being told to go away, be said be
'ad no objection to do so, but be should expect to be
iliitraitusiiliies salary. He came to the school on

the following day for his books, which were. given to
him out of the ground•floor.window.
Joseph Frederick Edwards was at the defendant's
school when the plaintiff was there as an usher. The
plaintiff gave witness a book, which witness the next
morning made a present of to another boy ; and be-
-cause he had done so, the plaintiff struck him against
the
ewhich made his face black frr
several Yehad struck witness several times
draelsk daysvery after.vio violently,
Htl
before.
Cross-ezamined—Recollects plaintiff's coming for
his books the morning after he was turned away. They
were not thrown at him, but were given to him out of
.tha windows The book which the plaintiff gave witness
was a book on anatomy; it was one of a set. Plaintiff
denied that he had given it to witness, and was angry
with bins for giving it away : that was the cause of the
quarrel between them and the beating.
The ATTORNEY GENERAI., in reply, contended that
no case had been made out to justify the plaintiff's dis-
missal without notice, and that the plaintiff was there-
foreentitled to a verdict for the amount of at least a
quarter's salary.
Lord TENTERDEN, is summing up, said the only
question for the Jury to consider was, whether the de•
fendant was justified in dismissing the plaintiff without
notice? It had been distinctly proved that the plaintiff
had beaten the boys contrary to the known rule of the
school. and if the Jury were satisfied that that was the,
teal cause of his dismissal, they ought to find a vel dirt
for the defendant : otherwise their verdict must be Inr
the plaintiff, with such damages, with respect to the-
quatter's salary and board and lodging, as they might
think the plaintiff entitled to. _ • -
The Jury found a verdict for the plaintiff—Damages
—Ten Guineas.
EXECUTION OF Elb H c CRIMINALS AT VAN
DIEMAN'S LAND.

FROM THR HOBART ToWN GAZETTE, JULY 7.
At the appointed hour • n Tuesday morning, Mr.
Hayes, the Under Shetiff, summoned the eight Indian),
men condemned to die from the cell totbe tatal scaffold.
He found them in most earnest prep rate a, attended
by the Rev. Mr. Bedford, whose elm lions in their behalf
have been unceasing since their sentences wete passed ;
the Rev. Mr. Macarthur and the Rev. Mr. Cavasso also
kindly lent their aid to administer the comforts of the.
Gospel at the trying moment. They se ere altogether .n,
one of the upper rooms, and havi g had then irons taken
off, were brought down one by one, that their arms might
be pinioned. We have never belree seen men so pens
tent, so resigned, and apparently so c• ntented to die.
John Wright was the firs k nun th .: mounted the
scaffold. He was a little dal man, 4.1 years of age:—
He had been free about twelve`-months, an, had lived
chiefly at Launceston, where he was heard to declare
1
that be was tired of his life. Besides the. robbery of Mr.
Cassidy's, there was an inActaren gainst him for steal-
ing 22 sheep from Mr. Bryant, at J nacho. On Saturn
clay night, his mind being in a dreadful state of aoily,
and distress, he took Mr. Bedford. aside, and confessed
to him that there wete three things Which he could not
rest until he had disclosed. l'he fit st was, that his cruel
and undutiful conduct to eis mother had driven her t.,
such a state of desperation as to make' her drown her-
self. The crime of matticide was therefore on his head,
and he had her death to answer for. The seconi was
perpetrated on the coast of France, in 1810, when being'
in a British ship of war (the Boyne, 98), which captured
a French gun brig, he was among tie number sent on
board to navigate the prize. During the midnight
watch he seized an opportunity. to commit a most ap-
palling murder. He split the angel's head open with
an axe, threw the body overboard, and. with the test of,
the crew, who had mutinied, ran the vesse: r n shore of,
the enemy's coast. The third, %Well oppressed him
the most heavily of all, was, that he had made three
several desperate attempts upon his own life.
Thomas Bidwell Child, aged 26. was the next. He
talone, of all the miserable men, maintained throughout
a fixed and resolute silence as to the clime of which he
stood convicted. He joined with resignation in the de
tout exercises of his companions, and frequently held
the book with Mr. Bedford. Wheat the rope was .ad-
justing, he seemed already to have entered on the jour •
ney, exclaiming, " I am sure I shall go to heaven-1
can see heaven. Child was respectably connected, and
the son of a respectable solicitor.
He was followed by George Dunning, or Dunhill,
aged 25 years, a handsome young man, about six feet
$ inches high, with a fine 'regular countenance, and had
lately become free. His father, Snowden Dunhill, is now'
in the prisoner? barracks, a prisoner for life, for retut n-
lug from transportation. Dunhill's family and sooner.
dons were very numerous, and most of them have been
'either executed or transported, having been long the
dread of Yorkshire—noted as Snowden Dunhill's gang.
• He was followed by John Clayton, the companion
.of Dunning, aged 48. He had also become free, and
long lived the life of idleness in the neighbour hood of•
Bagdad, without an ostensible mode of obtaining a
livelihood.
Daniel Macpherson, a boy aged nineteen, next as.
ceaded. He was remarkably fervent, and sung the
hymn on the scaffold with great loudness and strength
of voice. He was formerly a servant to a settler at
Ralph's Bay, and dated hirciimes from the time of his
entering the Penitentiary, which he declared had been
his ruin, and wondered that such a sink of crime had
not long since been swallowed up.
Martin Higgins, a shoat thick man, aged twenty-six,
his companion, had the rope next put round his neck.
This man had also been a servant about Pitwater. On'
the night previous to his execution, tie sent tor a utile
boy in the Penitentiary, named Riley, purposely that he
might take warning by his miserable end. He im-
plored the youth to mend his life.
William Longhurst, aged twenty-three, from Mor-
den, in Surrey, was the next. He had the most open
countenance of any, and a fine forehead. The crime of
sheep.stealing, for which he suffered, was the only one
with which be had been charged since his arrival ip
the country.
Henry,Oakley, aged twenty-four, was the last. He
appeared to have received scarcely a glimpse of educe-
lion, and was lamentably insensible to the awfulness I
his situation.
The painful ceremonies being completed, the ropes
adjusted, and the caps drawn over their faces, the Cler
gyman and Sheriff descended the ladder, the ezecutio
withdrew the bolt, the platform fell, and these eig
miserable men, in full possession of their faculties, w
-almost in a moment suspended lifeless corpses fro
the beam.

Friday sennight, as the millet of Daft-mill, in th
neighs:wise:sod of Letham, near Edinburgh, was et
gaged about some part of the machinery, and in cot
venation with his now widowed wife, he was caught It
the spin wheel, and in an instant his body was lacerate
in a frightful manner. Medical aid was in vain sougl
after, from the impression that there might still I
some faint remains of vitality. He has lett a discons
late widow and four infant children, the eldest of wh
is scarcely 6 years old, and the youngest only 3 wont'