Star.
London, England, 1828-07-31 00:00:00

FRENCH PAPERS.

FROM Tiff GAZRTTE DR TRANCE, JULY 29.
BUCHAREST, Jinx 10.
Accounts this moment ieceived inform us that M
naglia, an important fortified place, which defends !ht.
toad to Varna, has suriendered to the Russi in•. There
is now no obit icle to s►np the march of the left wing of
theßessiatts toss ari• Varna.
A iepolit is spread that Abduraman, Paella of Bosnia,
was assassinated just at the moment that lie wai g
ing
to join the corps of troops which he had collected, con-
forniably to Inc &man. of the Sultan. If this ne is
should be confirmed, it is easy to foresee that troubles
to the intetior of Bosnia will he the con-equence,
that the situation of that province, with respect to
Servia, will be essentially changed. The Servians, how-.
ever, remain in the same pb.ition, and do not appear
disposed to commit any acts of hostility against the
Porte, or, on the other hand, to suffer any armed body
of Turks to entet their province.
The hurricane which ravaged this city on the 25th
of June. and which extended to all the country along
the Danube, is said to have done much damage to t
aaggage, &c, of the Russian army.

FROM THE MUNITEUR. DATED JULY 23.
The expedition to the Morea, which was announced
some months ago, has been finally ordered. The King
has confided The command of it to L'eutenant.Gelieral
the Marquis Matson, Peer of France. This Gene, .1
will have under his command the Majo,-Generals
,Viscount Tibiirce Sebastiani. Baron Hig..ne., and
Schneider. General aron Durieu is appointe..llLatiel.
tad Colonel Tim' Second Chief of the Stiff. The 41
riflery will be c.rmasanded try Colonel Viscount de la
Illintee; the Engineers by Lieutenant-Colonel Andoy;
Baron Volland. the Military Intendant, is charged with
the direction of all the a iministrative departments. •
NlArcess,•JuLT 23.—We experienced on Sunday last
Kate that hall thrown our country into the. greatest.
consternation. Many other path have equally suffered..
and each pest brings us still-more disastrous intelll-
k.,eate. The greatest part of the hay that was cut ha',
urea carried away-by the Roods, and wheat almost e
• ire: y fort. In short, the harvest in general has c•ue..-?
..uffered ; and in consequence wheat and all grain ale
Les the ,41v,nce.

•
Vamp Funtin-i-PAnto• Jutir 28.—Five per Cents. 105(. 90e.—
Three per C..... 721. 20e.—Neapofiten 761.25c.—R0yal NOMA
inn, 11/ et,-Haytios.Loon, essf.6.-lisebuge on Laude's,
aveaql, Wicr•Mireq, slootbes
r.
• .
• .

Several. Witnesses were called to prove the correct
conduct of tie plaintiff's sister. This was the plain-
tiff's case.

• • Mr. ALEXANDER addressed the.Jiry for The defendant.
It would be his imperious duty in call witnesses who
mid represent a very different case from that laid
twine thini by his Learned Friend. He Wei instructed
hathe•shduld -be able to sKow that the sister of the
ontiff bad be&s a person Ofindifferirt character. and.
bad, i.rfact, been on:terms of 'great intinusetirith all
the individuals to whom he had,alltided in curs-
exaasina• i..n. It would helot the Jury to determine
which witnesses were to he believed but Whillhe
ad-
muted that the clef -nee, if untrue, Ooglit to aggiavate
the damages, he could not lielp saying there was no de-
nomination of coin tow enough lot Lnutil,. if Mei' lie-,
lieved the defendant's witness*. " •
Several wtt limes were"' not • idled. who' gore to
several acts of criminal Intercoitrse between theislaiitifra
buterand ether 'persons beiides the defendant.
• •M•. BrsoctikAst tepMed Very eltiquetitly.
The Jut y 'having coMplted some time, at a qulrter
vast seven n'clock ;embed 'a'verdiet lot the platitiff—
Damages, £3OO--costs..4os.
GUI D VOR D, Jai? 3q. •
CIVIL SIM-- Eh:LICE:4ED ViEATRICA LS:

• DUNN
,V.DA bele.
m
The plaintiff is.the iriagr of. Drury-lane, and the
•delendant is the proprietor of the Coburg Theatre. Tne
littler) was Drought to .reeciter penalties incurred by
the perfor riance of the •rneigular drama in a place not
duly licensed. - '

Mr. CHITTY opened theplehdities. The first decla-
talon; after stating that the'plAisteff sued for himself
se well as for tale Pour of Bit'hlary.o, Lambeth. com•
plaiiied that 'George Bardstln Drsidge was'iridetted to
lii t~ 2001. for that within six months before the etim-
mencenient of this suit, to nit, On the Bth rf Nditember,
1817, lie did,' in A certain -plate taiL•ci the Coburg
Theatre, the ipme ihr'n being within VO miles Of LOn-
Jontand Westriiihster, without fawftif authority by let.
tsss tristeitt'lloth' his present Nlajesty,. or-any of hit.
frosefts.2itajesty's prectecosof., and without likense from
the present tor ai:rother Lntd Chamberlain tot his, Ma-
ieflye. Household, cause to be acted, tepresented, and
pert rtoed, arid reware, a certain pray and.etr
ie,tAintnent of tile stage, called a serious-drams; founded
Mr. Home's popular ttagedy ot Douglas cante.lll.
to the statute in that .case made an d
provided, Whettby
the Mild defendiht'forfeited for hit said offerite the TWO

• •

Mr. G unsay briefly 'addressed the ry. 'tie gird ilia
iaesei.t proceeding had becosrie tropecatilie..44-ihe
oatrutees of the great theatres, in 'ciinitiitience of the
t.jury they werestistaining by the practices complained
t. With a view of upholdirig the cligillty of the, na-
rional drama, it had been thotiglik expedieneto r,e,,striCt
,t, performance to two patellt theatiis;' ihil when, the
great •expense which they Were at 'inpioeurink4 st-
rate pettottners, and in -the purchase of apptqpr to
itsge properties and machinery, was ' con•idete4 e
ts-licy of this restriction "'mild t 4 immeciiatzlyAen.
441
The pa cots were granted by King Ch'irlei theffeCond,
and :hid heen continued up' to••the lite•ent del.? The
th
penalties now sought to be recovered 'were. under the
25th of George 11. wherein it was enbcied, that for every
iireifir nuance of the regular diAncia,, in al:RI:Ice not pri-
vate-od. by meet ni try. she Cfrathberltin'slicenie, she
party so offending "slibuld forfeit fifty vends.. ' "He
'../1•101c1T4elble totproveltiolt ineortteilably.tliit in the
present instance die 'offences imi-oted Is34.*n "cqm-
mtvd ; and having so dune,. be shoulrlieentitYed to
their verdict. .. •- • -
~. - 1-.- • ..' %.,-.
Witnesses were ttteopTiticeitl,, who proved the tech-
nical points acessarf fo enable the plAntiff is support
his action, and tbe play bill% of the Bth and 9th of No-
vember, 1827, were put id sad read'.' ''''.'• •.4
..
The Cop, ist •of Drury-Jane ThearrelreijSor into
the box, and stated, that on the Bth of Noiembei be
went to the pit of the Coburg Theatre, and paiffikir his
own admission and that of his brother r he had a prOMpt
copy of. Douglas with him, -and besides, being -Very fa.
miliar with the play, occasionally Checked seeat -*as
uttered by the performers by thecopy in hiaposiession,
and found that they were regularly goingthiookli Mr.
Home's tragedy, as it stood in. his•proMpt copy',' Irith
the exception of playing it•in three acts iristelid d 1 five.
The following night he went again with' a'thpy of
Richard the lhird, and heard that play perfarintd with
equal accuracy, it being, however, divided iritli- four
acts instead of five. . .„ . •
On his cross-examination. by Mr. Anottims this witiimis. laid,
that in his prompt copy of Dorsal, there were alterutlins kohl the
play as originally written.
Do you not know in fact that the Richard 111. you beard was
lot Shakspeare's Rickard /./Lt4 lbow that it ip. au akeytion
from Shakspeare. - • •tvir:i . • ...
' Do you not know that it wag y re.wrlitetrby 'Cbl*Cib.
ber, and that there is no one sbaneatanding as Shekspeare left it?
1 -4 believe that is the cast. .
' Do you not knowthat there are whole characters Introduced.
.such as Rivers and -Gray, and the satire omit tea is the fortisetqueen?
—L believe so, but my acquaintance wlth.flitskapetre it Ilintee'd.
Limited! no, not limited ;. for limit implies substancet• *Miltorr
knowledge appears to he none at all. Do you mean to tell uihihat
Richard is murdered in the Same DLIUDer at the...Crabiux its at
Drury-Lane ?—(A laugh), .- • • • . -
The JUDOI—SO 'Ong as lis.is Murdered at tX 111r.'Ailiiiiiss, I
should think that would. be quire suMcieuti:.!:',v, • ••• 'yur ge.--;,..1
Mr. ADOLPHUS continued—Pray.. y . . Sir, op Ths. edwiskipsiest
salmi this is?—Mr. Dunn's, I suppose, .. „ y .......t.,.:. ,
Do you mean to say that it is not'an action o? the etrury4l.llo
. . ,
Theatre agaln.t the Coburg Theatre ?-i'do mit know that it' s.
Who) is Mr. Dunn 7: Mr. Dunn is Tr ea sr, er at:irreerLanethietre.
And who fre you ?—I alit Copyist at DriicylLane-Theairer.
And where was it yoU received you'' instrupHogs to/mutat
Coburg ?-41r4)1* Treoligry Of Drury.LaiTh Theatre.
Wbo is the Manager of Drtrry4.ane Thektretrz.Me..l244 .. t
And yet you tell us that he haw •nethinutoodo sviehahfilleffon?
—I do not know that be pas. , . ~ v..- . .•, • ),.; r .!'
Mr. Geese'', in re-eliminatiOn—Allow me. te.sak .yossenegises.
don. Even the playeri Of- the great thearrestite slam •trays
per feet in their •partsa , I Titania* ?..L.The siiiint.o tohisivi i4tom h,
ment), Oh de4r no, Sir.
Mr. ADOLPHUS then addressed the Juirforatteotic -
andant, and regretted that• this opportursitrfotallnii g
so must be small, as he had to plead. in; the'fat*%l a
Statute, and he could not help hillier thit +theitoirtr-
dict, it it should be against his•client,wouldisetheitbin
-ut an honest man, and of his means of living: Helketild
not himself see the fairness of proceeding On a &Stine
which had been enacted under very 'cltiferenr. cirentr-
stances from.those which now exisae.l4 lathe lithe of
Charles 11. it had been thought right to cinifi'ne-thepri-
vilege of peif irmances in London by patent ;"arid, as
inng ago as the ieign of George H. tf,e &Mote under
which the plaintiff :ued had been pa-sed try restatd in-
fringements on those patents; but -it-would be'srell to
consider bow very-d iferent at that period svas-thelteste
f London. The whole. nt. it thenswes-searcelyloger
than two of its parishes now, and, therefTe, to fail/tat
what was. sufficient. then to provide • foi its theettit .1
wain; was sufficient now, was absurd. • His Letified
Ziend had,gone through the play bull of the night in
question, ..
i and had .dwelt with, great emphasis soothe
Kohn .1 rapturous applau.e;" but sureiytif his Learned
Friend bad been in the habit of reading• the botsettis.of
toe great theairc tills, he would have found enough
there to hilve-iirretented his remark. They rtnelron
" brilliant au ,iences"--g• thunders of approbation"-
14 overwhelming satisfaction "._'c screams• of delight;"'
so that atter them, Mr. astritlgr's 0 raptcrons applonse"
chimed in modestly enough.. His Learned Friend bid
also made the discovery that Master Smith was a
Young JEtaseins; but he should like to knout wherchis
Leattned Friend found that title; them had bee% a
Young Itoscinc indeed at both the great theatres
some years ago, who, after- filling his pockets, corned
out to be no comet, but a candle—(A •laogby, hod
it was, therefore, perhaps, very natural for themina-
gers of the smaller houses to endeavour to give their
audiences a taste of what had been going on at the great
theatres. He ceitsinly was unable to see how thepet-
formance of any piece at the Coburg Theatre was
C iiculettd to injure Drury-lane. On the contrary, he
rather thought that it would be the means of first' at- '
tracting the people of the immediate neighbourhood to
a theatre, who would never have thought of going as
fai. as Diury.larre t , gratify their curiosity, and then in-
swim; from them a visit to the great The...tres,,in- order
to see how Ilse thing was done ..t,head-qu,rters ; at all
events, he did not see why this pattiiniar theatre. *ad
i+een selected fur ;he Object of Drury Carter's anger; they
need not have gate' very far, and on AMA saas,sida of
!he Water too, to 'finctunewhich_l44 trenched. musts
in re largely on its pritrilege..:. As to tfteAuestima .f
a het ke:llhepllTlTlnt era, perfnamedlt. khe•Coaarsvas
Shaliipeirki"Wm—rd•be thotight that Item con ,pat
he a' question Ski.itite inbiem I. it ins coils, 'Qibbips's
riitherel,land . nox:ShOtwares;..ett.4 it rould..asge-
tot W.lio its: ntfiir tppnqiik.BB4„ j)u it, te in this instance
,uct,(,_4o4..ok4iiisiti;*,.Nichird as it wontd. Ise
~. . ... a

for performing a Gretna Green that was written about,
f •try years ago, under the pretence that it was the;
Grdna Green which had been brought out a few years
ago. To take another instance, Lord Os.oey had
written si play on the subject of Henry V. but who
would think cf calling that Irakspeare's Henry V.
being -an historical subject, it must necessarily have
some features the same, but in the development of the
characters, and in the conduct of the plot it was as a-
..
ferent as if.in-toad of Henry V. of England it had been
the history of Henry IV. of France. He was sorry to
have detained the Jury so long, and he could assure
them that he would not have done so, had he not felt
that the deepest interests of his client depended on the
points that be might he able to urge in his favour, and
that, if he could not obtain their verdict, he must quit
that Court ir ruined man.
Lord TENTILaDIEN said, that whether or nor the de-
fendant would be tuined, was no qudstion of theirs, all
they had to do was to administer the law as it stood,
without looking at what the consequences might be. A
great deal had been said about the harshness of the pre-
sent measure, but he did not know why; if the legisla-
ture should think that the present law was wrong, it
was in their power to correct it; but as it stood at pre-
sent, it was clear on the face of the defendant's own
play bills that he had violated the law six times. It
might be true that neither Home's play, nor Shaks-
peace's, was exactly performed as written, but his own
bills only ptokssed a play,founded on those productions;
and it, therefore, appeared to him on the evidence that
there could bents question but that they must find' a
verdict for two penalties in behalf of the plaintiff,-
" Take & rerelict.therefore," concluded his Lnrdship,
add: min the Associate, for the plaintiff—Damages,
One Hunched Pounds.

The Asnocaara—Gentletnen of the Jury, you fiod
foe tbeplaintif on the first and third counts—Damages,
Oae Hundred Pounds.

NORFOLK CIRCUFE—CAMBRIDGE, JULY 29.
Odor tbe.Losp.Csair &sou).

WENTWOOLTH V. SULLEN. •
Mr. GIINSIING said that,thic was an action brought by
the plaintiff, an attorney, against the defendant, also an
attorney, bcth residing at Cambridge, to recover a com-
pensation in damages for a malicious arrest and false
inapt i.otifnent.

Mr. KELLY stated the facts of the case on the part
of the plaintiff, which he afterwards proved in evi-
dence. The plaintiff had been a Solicitor in Cam-
bridge for the last twenty years; and though his prac-
tice was net extensive, yet it was sufficient to afford
him a competent subsistence. He had become the most-
. gagee of certain estates, and, in the year 1821. having
an occasion for an advance of money, he mortgaged
SOW of the property to the defendant, Mr. •BuUen, for
1,954. The property was of quite sufficient value to
secure the money advanced. Sullen was an attorney
also, and that was important for the Jary to consider, in
order to show how the action had arisen. The defendant
having brought an action for,the recovery of the interest
of the money lentto the plaintiff on mot tgage, the latter
entered into a contract tift pay the Amount, vie. 2591.'
lls. 7d. on the May following, and if he failed the de-
fendant had power to issue an execution against him.
On the 7th of May it.was not convenient for the plaintiff
to pay the amount; and when the October of last year
arsived, without any notice being previously served upon
the plaintiff, he was taken in execution fur the sum of
1,950/. and he was thrown into a prison, where he had
lain ever since. That the defendant had the power of
issuing an elocution according to the terms of the
onrtweiti for the amount of the interest. 2591. and
Upwards, was not denied; brit the plaintiff had been
taken in execution for the whole sum lent on mort-
gage—principal and interest. That it was an illegal
act on the part of the defendant no one could at-
timpt to deny; and that it was also cruel and op-
pressive there was as little doubt. Had the plaintiff
bean taken in execution for the 2591. only, he bad
friends who would have advanced him that sum; but
be could not obtain so- large a sum as 1,9501. The
plaintiff, wishing to get out of prison before the expira-
tion of twenty-one days, to avoidthe commission of an
. bet if banknaptcy, which to him would cause peripa-
oast aoditieuievable injury, entered into a negotiation
with the defendant on the subject.; and in fact the panics
appeared before Mr. Justice Bayley. at Chambers, who
• made an order for the plaintiff to be liberated, upon his
entering into fresh securities to pay the two sums' of
156 i. and 1.9501. at different stated periods, to undet-
take not to bring an action for false arrest, &c. and to
tbe Sheriespouadage. The amount of the claim
of the fslibriff for poundage,on taking the,plaintiff in eze•
egotism for one thousand nine hundred and tufty pounds,
was above sixty pounds; and the plaintiff having been
unjustly arrested and imprisoned.refused at first to pay a
claim which arose in cons-temente of the defendant's
owe illegal conduct. To ask him to comply with such
terms was only adding insult to injury; but the plain-
.

tiff would have acceded to these hard terms it the se-
curities had beta prepared by tae defendant in time to
avoid the effect of the Bankrupt Laws; but the defend-
ant wilfully delayed, and the plaintiff was declared a
liaokistpt, after being in prison above twentyone days.
The plaintiff's ceditors did not proceed *with the
Commis•ion; the plain tiff assigned all his property
for the benefir of his creditors, and after winding up
his affairs there was 2 cnnsiderable surplus. This

showed that the plaintiff might have raised the two
• hundred odd pounds with ease at the time he was
• taken into execution. The Learned Counsel did
not know if the Learned Sergeant rested his de-
fence upon the older of Mr. Justice Bayley ; the
plait tiff had a clear right to abandon that order if he so
pleased, and to go on with his action. In fact, Mr. Justice
Bayley had refused to stay proceedings on being ap•
plied to by the defendant. The plaintiff was now in
gaol—his family, property, and business ruined br this
illegal act of the defendant, and the Jury would give
such ample damages to the plaintiff, for these-injuries,
as they coosi,:ered he was fairly entitled to.
Evidence was called, proving the facts it ited as
above. The cognovit was produced, and it appeared
that the defendant was only empowered tl issue execu-
tion for the sum of 2591. odd, and not for the 1,9501.
The witness, in cress-ezarnination, proved that the plain-
tiff could not have been injured mach in his professiunal
•business, as he had but one or two clients at the time
ASI his arre•t.

• Itr. Sergeant &oases made a very able address to
sbelieryen the part of the defendant. He stated that
the 'roof the defendant—the respectable Solicitors,
Higgtson and Sanders, of London—by mistake issued
it.. execution fur the larger sum, under the notion that
if the plaintiff was taken in execution for the smaller
wen, he could not afterwards be taken in execution fur
-the larger amount. Ttse.e Gentlemen had not received
the decadent's instructions so to act, and the chair of '
malice and opprhsion was entirely without foundation.
He trusted the Jury would give very. temperate dama-
ges in a case that *role from mistake only, if bis Lerd-

ship should be of opinion that 1 verdkt must go apfinht
him. -
Mr. Sergeant Sroaau called witnesses, Mr. KELLI
replied, and
The LORD CHIII-PAROP said that it was clear. from
p
the terms of the co ovit, that the plaintiff ought not
to have been taken in execution for more than 1591. and
'that he was entitled to a verdict. If the Jury should be
of opinion he had been oppressively kept in prison by
the defendant till the time expired, which caused him to
be declared a bankrupt, that was a circumstance for
their consideration, in estimating the amount at da-
mages. They would also look at the circumstances of
the plaintiff, and give only such reasonable and mode-
rate damages as would compensate him for the injury
complained of.
The Jury retired for about a quarter of an hour, and
on coming into Court, delivered a verdict for the plaintiff
—Damages, One Hundred and Fifty. Pound..

(Before Mr. Justice HOLUM%)
•
Mary Griggs was indicted for, and found guilty of,
stealing one gold ring, and other wirier, the property
.of a young Lady of the name of Ball. Son her trial A
prisoner, the only ocher person for trial, gave evidence
for her, deposing that she (the witness) and the prisoner
were. walking on Parker's piece, in-this town, when the
latter found the ring in question. The Jury, unfortu-
nately, disbelieved the testimt)ny of the witness, and
found Mrs. Griggs.guilly, and she was thereupon put
by till the case of the other accused was disposed of.
arid it was or, the trial of this latter that the point or
evidence arose which const;tuted the peculiariiy in the
case.

Anne Slogrove, aged 21, was put to the bar, charged
with having stolen a muslin flounce, value Bs. a piece
,of lace, and other property, the goods and chattles of
Miss Anne BAIL

kt appeared from the statement of Mr. HUNT, the
Counsel for the prosecution, and afterwards by the evi-
dence, that the prisoner was a very intimate fiiend of
Mrs. Griggs. the last prisoner, who was the cook in
Miss Ball's family: The prisoner was in the habit of
going to the house of. the prosecutrix before.the family
were up in the morning ; and on one occasion, when
all the frmily except the son were gone out, she was
found concealed in the pantry, and said she was
there "to frighten. the cook r' Suspicion filling on
Mrs.Griggs, she wai discharged, and She went to reside
in the house of the prisoner, whose house was afterwards
searched, and the ai titles, the 'subject of this indictment,
found in her box.

Mr. GUNNING, for the prisoner, elicited, on cross-
examination, that at the time the property was found
Mrs. Griggs was on the bed in the room of the prisoner,
in which was the box containing the stolen articles ; that
she (Mrs. Griggs) had at that time in her hard some
valuable articles of jewellery belonging to the prosecu-
trix, which she was endeavouring to•coneeal ; that she
had time to hide any thing in the box of the planner,
on hearing the footsteps of the officers of justice on the
stairs; and that the articles which were observed by the
constables on the Friday in her box-semained there on
the following Monday, when they again searched the
room of the prisoner; and that the prisoner did not
attempt to deny that the box was her's.
The prisoner, in her defence said that Mrs.-Griggs
had put the articles into her boa, and had hertelt
acknowledged so.

Mr. Gunning then proposed to call Mrs. Griggs, who
had just been convicted of a felony, to prove that she
had, unknown to the prisoner, concealed the things in
her box on heating the constables coming up stairs.
Mr. HUNT submitted that she was not a competent
witness, having been convicted of felony, and therefore,
by th• law of England, Prievpabie of giving evidence.
Mr. Justice HOLROYD, after some discussion, was of
opinion that Mrs. Griggs was a.competent witness: She
had, it was true, been convicted of a felony, but she had
received no sentence, and non coastat that she might
not yet arrest the judgment. The sentence was neces-
sary to give effect to the conviction, and till she had'
been sentenced she was a competent witness. The
Learned. Judge, however, suggested that it was hardly
worth while to call her, as the evidence on the'part of
the prosecution, however much of suspicion it might
cast on the prisoner, was scarcely such as to justify their
finding a verdict of guilty.
The.Jury,agreed to this view of the case, and acquit-
ted the prisoner.

STAFFORD, Jett 29.
°IOWA Sws—Before Mr. Baron VAUGHAN.

Mary 'natal, was indicted for feloniously setting
fire to a certain dwelling house at Burton upon Trent,
in this county, on ithe Sd of June last, which dwelling
house was the property of Joseph Wilson the elder.—
The indictment contained twelve counts, varying the
allegation of intent—tour counts charging the intent to
detraud Joseph Wilson, four with intent to defraud the
County Fire Office, and the four last counts charged
the intent to defraud JohnThos. Barber Beaumont, Esq.
The prisoner. wbo moves in a respectable rank in life,
had bten admitted to bail by Sir o,wald Mosley, and
had surrendered to take her trial, which excited .consi-
derable attention.

Mr. Sergeant Itusser.t. (with whom was Mr. Jus-
rice), in opening the case for the prosecution, stated,'
that judging from bis own feelings, the Jury might
Viink it wculd be a relief to them to be
_spared the
investigation of the present. prosecution, but be felt,
it wa, his duty to
,proceed, with this case, and he
was confident the Jury would coincide with him in
that opinion, when they heard the facts of ft. The
pt ironer was a young woman of highly respectable
connections, who obtained her livelihood by carry-
ing on the business of mantua-maker and milliner.—
She had, however, the advantage of connection
and conduct, except in the present accusation, which
was for a capital offence of great malignity. The Learned
Counfel could have wished, ks he had before stated, that
the Jury might have been spared this inquiry ; but he
must add sincerely, in hii professional character, that
from what he had heard and seen of the case he ent.rely
approved of the investigation, as one which was required
by public justice. He would only lay before the Jury
the facts of the case as they had occurred, and leave
them to form their own conclusion. The Learned
Counsel then proceeded to detail the facts as subse-
quently given in evidence, and concluded by requesting
the Jury to give the case their most humane considera-
tion, assuring them that the prosecutors would be best'
satisfied by a verdict of acquittal.
Mr. Joseph Wilson, sen. stated that he resided at
Burton-upon-Trent. and bad a large house at the Mar•
ket-place, in which the prisoner resided, at a rent of
guineas per annum, the prisoner can-ying on the boe-.
ness of a milliner and mama maker. She was tenant
of that house on the SOth of Jute last.

Joseph Ward, a saddler, living in the High-street,
at Barton-upon-Trent, said he lived near the prisoner;,
and that at about halt-past eight on the night of the
3t,th of June, he heard the cry of fire. The in-
mates of the prisoner'. lkouhe consisted of herself and
three sisters, five apprentices, ; female servant, an/
a lodger. In consequence of a neighbour oiling ,

witness that he saw smoke coming oat of the back attic
window, he vent to the house, and.saw Miss Whately
sod told her all was not right, for the house was on fire.
She sa'd it was impossible. He replied, he would wait
while she weld to see. She went up stairs instantly, and
be v, sited in the hall till she returned. When she came
down she said there was a fire, and begged him to go.
up stairs, and put it nut. He went tip accordingly, and
found all the room in flames, and therefore left it to go.
and fetch the engine.
James Goodhead temembeted an alarm of fire on the
SOth June from the•last witness. In consequence of that
he went to the prisoner's house, and sent into the top-
most room ; he did not look exactly at all that was in
the room, but saw the bed on fire. The bed was in one
corner of the room, and the corner of the bed nearest
the centre seemed to be most ignited. lie could not see
from what the fire proceeded, but he saw a box under the
bed at that corner which was in flames. He threw some
of t"e things towards the door, and the fire was extin-
guished. He afterwards examined the sacking of the bed,
but it was not burnt or damaged, except at the corner
he mentioned. There was a rush matting kind of a
carpet on the floor, that was burnt just where the box
stood, and it was consumed about four feet in one di-
r.ction, and six the other way. The burn was at the
corner just where the box had stood. Witness thought
the fire had proceeded from the head to the font of the
bed; the window was open, and of course there was a
di aught tin oug.h the room.
Tire prisoner's Counsel, Mr. RICHARDS and Mr.
WH TELEY, declined asking the witness any quetions.
Richard Rue, a constable and fireman, at Burton-
upon Trent, said, on the evening in question he heard
the alarm of are, and went to Miss Whately's house.
lle.went up to the attic, and. there he found a box and
the bed all on.fire near the centre of the room. He ob
ser red that the fire proceeded from the box, which was
under the corner of the bed ; he also found a basket of
clothes on the .floor of the room, and the basket was
nearly consumed. Witness .here produced parr of;he
bctrom of the basket, a mere .fragment. The fire, he
said, appeared to hare drawn from the centre, in con-
sequence of the current of air from the door to the
wiadow. Witness.here produced the box, which he
threw out of the window on f nding it in a flame.
Mary Insley said, she was servant to Miss Whately is
1 June last, and she remembered the fire; at that time
there were five apprentices and the three MissesWhately
residing in the house; there was also a Gentleman, of
the name of Peters, who lodged there. On the night in
question the witness and one of the apprentices had asked
leave to go out. When they had left home, there was
no one remaining but Miss Whately and Mr. Peters.
Witness and the apprentice returned about a quarter
past eight o'clock. Miss Whately told her to go up
stairs, and that on her washliand•stand she would find
a note, which she was to take to Mrs. Rice's, in New-
street. Witness found the .note.on.the washhand-stand
in Miss Whatoly's bedroom, and carried it where she
was directed. The bedroom had a bed with curtains
in it. The room where the fire commenced had not
been occupied since old Mrs'. Whately's death, which
happened the Wednesday night previous. Witness had
made the bed -in that room after the death of Mrs.
Whately, and she left nothing in it but the mattress,
bolsters, under blanket, and upper blanket. There
were valance in the bedstead, but they were not up.
Witness had made no fire* in that room, nor had she
been in it with any candle. Witness asked her mistress
how the room could possibly have taken fire? and she
replied that she could not account for it in any way but
from the circumstance that her !nether had been a
queer sort of a woman, and used to keep phosphorous
by her to get a light in the night, and that might have
been the cause. of it..

Cross-ermined by Mr.. RICHARDS-Mr. Peters had
lodged at Miss Whately's for a year. He was in the
profession of the law.' He was about to remove to Hall-
fix, in Yorkshire. I first went tothe house in-Michael-
mas !AA. -Old Mrs. Whately was then going into a
decline.

Mr. John Charles Peters said he was clerk to an at-
torney, whose employ he quitted previous. to the first
fire; and having lodged at Miss Whately's for a twelve-
month, he prepared on the 30th of June, as he was•
going to a situation at Halifax, is Yorkshire. On the
evening of the 30th of June witness was constantly in
the house, was continually in the company of Miss
Whately, and perfectly accounted for the time which
elapsed in a manner wh ch evidently showed that she
could not have gone up stairs without his knowledge,
up to the period when the fire broke out.

Mr. Baron VAUGHAN—AS far as time can be ac-
counted for up to this moment, I think it is satisfacto-
rily shown that it is utterly impossible the prisoner could
have set fire to the house. I don't know what there
may be'behind.l have carefully watched the evidence,
and certainly should take ic, as tar as we have gone
hitherto, that it is utetly impossible MissWhately could
have set fire to the house ; but at the same time I think
it a vet), fit case to be ir.guned into.
Mr. WHATILLEY asked the witness whether it was
possible for the prisoner to have gene up stairs and fired
the house during the time that he was there, and pre-
vious to its having. broken out, without his kndwledge?
The witness replied that it Was utterly impossible;
and said further, in the course of his cross-examinat on,
that having a want for a box to pack part of his lug-
gage, he asked Miss Whately to lend him a box to con-
vey some rough articles. On that sic had turned a box
upside down which had contained phials and other
things which had belonged to her mother, and these
articles remained upon the floor of the loom in which
the fire broke out.

►Mr. Baron VAUGHAN here again interposed, stating,
that he thought that it this was the only ca e that
could be made out against the prisoner, it was not
strong enough to go to the Jury. The only thing
which had occurred to him as most important, was a
fact which was stattd by the Learned Counsel ft ,r the
prosecution in his opening, namely, that two fires had
taken place within a mouth after hn insurance had been
effected, and within three days of each other. This
certainly was sufficiently suspicious to warrant the In-
surance Office in' prosecuting. and no blame could pos-
sibly be attached to them, because in a case of this
nature they owed a duty to the public as well as to
themselves. At the same time, he was of opinion that
there was no case against the prisoner to go to the Jury.
Mr. Sergeant RUSSELL said, if that was the opi-
nion of his Lordship, he should not press this particu-
lar case.

Mr. Baron VAUGHAN said to the Jury, that he thought
no time could be mis-spent in investigating a case of
this description; but he felt his snind relieved, and he
might truly say comforted, at the candid course pur-
sued on the part of the prosecution (because he confessed
he came into Court with a heavy heart, from the idea
he bad of the case), and therefore he told the Jury that
they ought to find the prisoner not guilty.
The Jury accordingly returned a verdict of not guilty.
Mr. Baron VAUGHAN said it ought certaintly to be
observed here, -that . no blame waa imputable to those i
who had promoted this prosecution, because in a case

like this, where the charge it setting fire to a haute:by
which means the lives of many might be sacr:fie.d
the crime were committed in the dead of the night,
every inquiry ought to be made, and theiguilt or inns.
cence of the party accused ascertained by therm)
minute investigation. His •Lord,hip added, 'he melt
also observe that the 'Lady at the Bar would quit th,„
Court with no taint upon her,chatacter. He had gnat
pleasure to see this businessionducted as it had been,
and he hoped it would be saticfactory•to the feelitts.o/
all parties.
Mr. Sergeant 'llussm.l., addressing his Lordshipessid there-wag
another ease.

Mr. Baron VAIUMAX—Does not the other Indictment d
upon the fate of this one?
Mr. Sergeant Rossini. was sorry to say it .did not; they -w,,4
quite distinct.
Mr. Baron Vancirau—lion mean to proceed ?
Mr. Sergeant Itussau.—My Lord, I teel I ought to do so.
The prisoner was then charged on an indictment for
havirg feloniously set fire to the same house, wilfully
arid maliciouJy, on the 3d cf July, with intent to de:
fraud the same parties.
Mr. Sergeant RUSSELL said, that the Jery must havi
collected from the observation of the Learned Juipn,
uttered in and after the last cause, that a question ot
this kind was absolutely necessary to Le invejioied,
from motives to protect the interests of the public, he
well as to protect the company who were prosecutose
from future frauds. The case he was now gboin to
submit to them was one perhaps of a much ninre sellout
cast than the last, and deserved, if possible, much niore
anxious consideration. The Learned Counsel then.nat.
rated the facts disclosed in the following evideace, and
concluded by observing that the prosecutors would tte
delighted with a similar verdict.
Mary Ihsley, the servant who was examinedinlhe
last cause, now stated her recollection of the secondfire,
which took place on the 3d of July, in the room under
the attic, Wherethe•first fire had been discovered. The
room in which the second fire occurred was the-roots
that had been occupied by Mr. Peters. Miss Whately
slept in the first floor, and all the rest of the •family.ie
the attics. The fire broke out at :three o'clock in'the
morning. The witness shut the window shutters of that
room that night herself, and to the best of her know.
Ledge there had been no candle in-0e room. MissWhatley
sent one of the apprentices for the tindet-box that eve.
ning ; it stood generally on the shelf in the kitchen,
and she never before recollected Miss Whately 'having
it brought up stairs. The•tinder box and a foot bash
were in Mr. Peters's room the evening before, andta
day after the fire she saw it in Miss Whately's room.
Cross examined—Remembered bring sent for apenny.
worth of vitriol the day after the fire, but did male.
member who sent her for it. She thought Miss Whately
andler brother, who was a medical student, were p.ra.
sent. They wished to try whether some matches and
other things that were in Miss Whately's box would
take fire by 'being applied to the vitriol.
John Appleby, a chair-makrx, of Burton-upon• Trent,
stated that he happened to be in the street on the mcrn.
ing of the 3d of Sun, and beard the cry of fire, ile.rAn
towards the cry, which appeared to come from hlio
Whately's, and on the door being opened, rushedop
„stairs, and seeing the room in flames began to duos
the things out of the window. There was a partition
of lath and plaster ; but he could not see it for the
smoke. When he could see, the fire seemed to come
from the joists of the floor, and not from the
He told :Miss Whately that there was a fire in her hone
when he first saw her. She said—there is, come
stairs, the fire is up stairs.
Mr. Thomas Saunders, a• plumber and glazier, resitl.
ing at Borton•upon•Trenr, and engineer to she
aniline of the town, about half past three o'clock onsbe
morning of the 3d of July went to Miss Whatelfi
house, and saw the 'limes bursting oirt of the dorr.i
' the back room on the second floor ; he made a halt
through the partition, in order to throw water into ve
room, but could not say whether the partition was os
fire at the time. On going up stairs, hefoundtheinor
af the room dirty, as if a good deal of water had bees
thrown about ; he desired the floor to be cut away, bit
found no appearance of fire.; he went away when he
thought all danger was over. In his opinion the stood
fire could not have been occasioned from the effeetsof
the first.

Richard Roe said, the fire seemed to come from the
end next the bed. The partition was not on .fire whet
he broke the hole; he thought they did wrong by snak-
ing the hole, as it drew the flames that way.
In answer to a question from Mr. BAIOII //AVG*"
the witness said he thought it imp 'ssible that the seconi
fire could have been occasioned by any remains of the
first fire.

Cross-examined—The attic fluor was composed of
plaster laid upon reeds and lath:.
Mr. Waid saw Miss Whately on the nigit of the fire.
Lie placed one of the engine pipes within a few yards
of 'her feet, and distinctly saw that she had saadalsoa
her feet bound with rib a nd. Site did not seem concerned.
The witness did not observe her, but she had a clost
thrown over her.

Mr. Baron VAUGHAN here intimated his opinion, tht
unless the Counsel for the prosecution were prepare)
with evidence to carry the case against the pinnne
much further, he thought there was no case agrtrist tic
prisoner for the consideration of the Jury. The fia
case, it was admitted, rested only on suspicion, ari:J:lr
innocence of the prisoner having been establi,hed (41
the charges there alleged, it was too much to say:
she was to be put on her trial a second time with ne
stronger evidence than that already offered.
Mr. JUSTICE, with whom was Mr. Sergeant Rona.
for the prosecution, said, that he cLrtainly had hot ailf
stronger evidence than that already produced, and tro
therefore willing at any ►ime to yield to the suggestO
of his Lordship, and put an end to the case, if hi, Link
ship considered it right to do so. Ile assured the C not
and the Jury that he felt much gratified in Inding thg
the evidence did nct affect the Lady at the bar.

Mr. Baron VAUGHAN then directed an acquittal, g
the same time observing, that he wished it to be dis-
tinctly understood that no blame could attach to the
prosecutors for bringing this case forward.
The Jary having returned a verdict of not guilty,
Mr. lticrtanns begged to be allowed to say, that.
had the case been prcceeded with, he was, on behalt
his client, Miss Whately, prepared with such a bodF
evidence to disprove every part of the charge of the
indictment, that it would have been impossible t) have
any doubt of htr innocence. He had the moat ate P4'
proof that the fire must have taken place in this wog
from the slumbering embers of the former fire rte the
attics.
Mr. Baron VAUGHAH reminded Mr. lticlia.ds that
this was wholly irregular.
Mr. RICHARDS admitted it was; but he trord his
Lordship would remember how important it v‘.s 'l4
his client should quit the Court without ally mpgw",
on her character. He was prepared with evidence of
the most decisive nature to prove the fire had taken
place from the smouldering embers of the first. 114
Learned Counsel then produced part of a joist, mach
burnt, which he said be should have been able to ploeg