Star.
London, England, 1817-06-07 00:00:00

Tllr Arzmr.

The Mat;Wa. of Plymouth, from Cork to New
South Wales. with Colonel ERSKINE and troops on
board, was spoken with in lat. 42. N. long►. 14. 26.
W. by a Swedish vessel—all well. The Swede has
arrived at Liverpool.
Friday sennight. seven companies of the Royal
Marine Artillery, under the command of Colonel Sir
Rion/mu WILLIAMS, proceeded Irons Chadian', in
two d►visions, on their route to Fort Mond:ton, neat
Portsmouth, which is intended to be the future head.
quarters of that useful corps.

NAVAL INTL LLIGEIVCB.
FALMOVIII, JUN L S.
Arrived the Nocton packet, with a Mail from the
Leeward Islands, in 31 days from St. Thomas's ;
Expedition, PARRY, from St. Michael's for Cork, with
loss of foretop-mast, yards, iv. and the HIND reve-
nue cutter, front a cruise.—Wind W.

PORTSMOUTH, JUNE 6.
•
Arrived,his Majesty's ships Pre,)Afrris. zus, from a
cruise; and Foam, from Halifax. l'Asseel by for
the Downs the Ross, from Jamaica ; and Hero of the
Nile, from Detnarara.—Wind S. W.

CHATHAM, JUNE 4.
The FAME, of 7+ guns. is taken iota Dock to un-
dergo a liege repair. The Warrant Officers of the
ships :41 Dock, are ordered to attend during the
working hours of the Yard, to watch their ships in-
stead of Ship Wardens, as heretofore.

DEAL, JUNE e.
Arrived and sailed lot the River the Lady Castle-
reagh, and Cambridge. from China; West Indian,
Coos. from Anngua ; Friendship,- Glascott. from
Deinarara; Malin, from Baltimore I Ann, HAMIL•
TUN, from Jamaica; and the Eliza, from Charleston
tor Amsterdam. Sailed the Thalia, Hustler, for
Ceylon ; and the Lord Sidmouth, lot Bombay. Came
down from the River the Palemon for New York ;
Caroline, fur Demarara ; and Alligator, for St. Yin-
cent's.—Wind S. W.
DOVER, JUNE O.
Sailed this morning the Lord Dnnean packet,
Captain HAMILTON, .with the French Mail; and the
Ant, Captain BARNETT, with passengers; for Calais.
Arrived last night, the Chichester packet. Captain
RUTTIR ; Lady Castlereagh, Captain MowLL ; and
l'lris, French packet, from Calais, with passengers.
Sailed the brig John, Captain MaCIiELL, hit Canada,
with emigrants from Scotland. His Excellency
Baron FAG6I. embarked this day for Calais on board
of the Queen Charlotte, C:tptain Thomas. Arrived
this afternoon the Princess Charlotte pitket, Captain
HALLANDSi from Ostend, with a mail and passengers.

GRAVESEND, JUNE 6.
Arrived the Friends, Kydd, from Dante* ; Harmony, Pratt,
from Tellers& ; Lord Cawdor, Brooks, !roan Rio Janeiro ; Pro.
videssee, Sutton, from ditto; Mars, Grey, from Paternity the
George, Mitkr, from Tobago; Trastity, Cook, from Jamaica;'
Alfred, Booth, from Demerara • the Delaford, Young, (rum Sr.
Vincent's; Prince of Orange, ilk, from Calcutta; Elizabeth,
Wake, from Lisbon; Tulloci:Castle, GU:I:4. from Jamaica; the
Rose, Garden, from Riga; Lang, Clark; from St. Vincent's ; the
Louisa, Maritime, from Ckyenne•' Camden, Billiugliurst, from
Antigua ; Albion, Hill, from Tobago; Emulous, Arthur, from
I.snzarotte; and Anna Dorothea, Allen, from Madeira.—Sailed
tbe Albion, Norton, for Madeira, She eape of Good Hope, dm;
Argo, Jackson, ler Smyrna and Constantinople; Lord Nelson,
M. for Cork ; Resolution. Roberts, for Antwerp ; the Perseve-
rance. Watson, ter ditto; Charles, Agnes, for Room; Venus,
Atherden, for Havretelad Brothers. Reed, WARW.
CUSVM-JioLiAll, JUNE 6.
Slurs seru/a m oaes.--The Argo, Lukas, from Lime-
rick ; Sir Edward Hamilton, Bell, and Sisters, M‘Master, from
Jamaica ; John Buchanan, Denning, front Tobago ; Blessing, ha.,
con, from YoughaU; Ann Rebecca, Spill, from Lisbon ; Etnesti
&awn, from the Cape of Good Hope; Paragon, Hide, from
Grenada ; Agamemnon, Jackson, and Warren Hastiogs, Lirkina,
from Calcutta ; and Camden, Balmhurst, from Atigus.
OUTWARDS.—The Margaretta, Lewis, fur Dublin.; Three
Brothers, Spaule, (or Havre and Rouen ; Albion, Baster, for
Beurdeaux; Gleaner, Quince., fur Trieste and Venice ; and Spe.
caller, Anderson, for Oporto.
LIVERPOOL, Jura 5.-77—Crrived the ship Julius Cte.
gar, Maacay, from New York in twenty-one days;
she sailed May 15; also the Rapid, STANHOPZ, and
the Margaret, Daaw, from the same.place, and have
brought 10,000 bags of wheat, besides flour.—By the
conclusion of the week we stall. have a vast import
of cotton, flour, rice, &c. Notwithstanding so great
an import already of these articles,"they have not
suifued any depression. Flour in.price 795. to 80s.

A new Afterpiece has been read in the Green-
room of Drury Lane Theatre, entitled Incog. or Ma
Dar at a Well-inetua Hari, in which, we understand,
Mrs. DAVISON, Mrs. ALsor. Messrs. kimicev and
It nowt., have characters most happily adapted to
their respective talen Various conjectures are for-
med, and much curiosity excited in the fashionable
world, respecting the name of the lintel —Though
" Atop" at present, a short-time will likely develope
the mystery.
Mr. RAYMOND is appointed Stage Manager of
Drury Lane Theatre for the next season, nice Mr. RAN.
MUNDEN it still confined by the got", in his
fret, which, fortunately, did not el fay him by the
Ws," until the day after his Benefit.
Lady Col:mammon gave a quadrille ball on Thurs-
day eveninr, at her house in Charletrstreet. Berkeley-
square, which was attended by upwards of 200 per.
sons of the first rank and fashion. The two principal
drawing-rooms were fitted up with uncommon taste
, for dancing. and were most brilliantlysilluminated ;
the floors of each apartment were beautifullfchalked.
Earl SPENCYR gives a grand political dinner at
' Wirnbleton to-morrow, and the Earl of LIVERPOOL,
with many of his immediate personal friends in both
Houses of Parliament, will be of the party. What
makes this circumstance rather singular is, that Earl
Snit= has not for several years appeared to take
any lead in political affairs ; and with respect to his
interference with the Earl of LtvettrooL, that has
been suspended for at least twenty years. From the
anxiety displayed in some Journals to prove that there
are really no dissensions in the Cabinet, inclines many
people to inter the contrary t but we have still better
authority for stating, that the continuance of the sus•
pension of the Habeas Corpus Act has its opponents
even in the highest and most powerful of all political
circles. It is now said, it seems, by one part of the
Administration, that if the Heads of the proper De-
partment had insisted upqn a certain Officer of the
Crown doing his duty.* little more promptly, there
would have been no occasion for this,obnoxious mea-
sure, and their popularity, would have twin saved.
Yesterday a bricklayer's labourer, working at the
new street, in Pall-Mall./ell off a scaffold two stories
,bigb. by which be bide were' of his ribs and frac-
tured his shill. He is not expUttid to recover.

LAW In ELLIGXNCE.

COURT' OF KING'S BENCH, JUNE 6.
MR. WOOLER'S coNvlcrioN.

Trinity Term commenced this day, and on the
Shting of the Court,
Mr. Justice Assorr delivered himself to the fel-
:cm:jug effect, upon what occurred at the trial of Mr.
%Voider yesterday :
" I take this opportunity of making a few observa.
tions respecting some circumstances which occurred
at the trial of a case yesterday at Guildhall. The'
case to which I allude, was an itiforination Wed by
his Majesty's Attorney General against a person of
the name of Thomas Jonathan Wooler, fora libel.—
After the case had been called on, and the ercum •
stances of it fully discussed, the Jury retired to con•
skier of their verdict, and while they were -absent
another case was called on. The trial of that case
proceeded, and just as the reply of the Counsel for
the Crown had closed, the door on my left hand was
opened in order to admit the Gentlemen of the Jury,
who had retired to consider of their verdict, and as
soon as the reply in the second case was finished,
their names were called over by the officer of the
Court in the usual way, and asked in the ordinary
course of business if they had agreed in 'Lir verdict.
and whether the defendant was guill or r.'t guilty ?
The Foreman of the Jury then said that the Jury
found the defendant guilty ; but that three of them
were desirous, and had desired him, ve their 'part, to
add something by way of explaining their verdict.--
I then interposed, and said, that I could not teceive
an opinion or declaration, coming only from a part 4.1
the Jury ; but that if they all agreed in the matter
contained in the paper referred to, I should feel my-
self bound to take notice of it, as the opinion of all.
I then asked (speaking, as 1 thought, in a very dis-
tinct and audible voice) whether all the Jury had
agreed in the verdict they had at first pronounced ?
I was answered by the Foreman that they had ; and
at that time I heard no dissent eipressed by them.—
The situation was such (the Jury not having all of
them come into Court from the room behind the
Bench) that it was not altogether impossible that some
mistake or misapprehension may have taken place,
and that some of them, it is not impossible, might
not hear distinctly, so as to understand clearly, what
it was that had taken place. They having then re•
tired, the door by which they had entered was shut
again. 1 proceeded to sum up the case which was
then under iconsideration;and haying concluded my
summing up, the Geptlemen of the Jury retired to
consider of their verdict.' A Gentleman of the Bar
then suggested to me that some of the Gentlemen of
the former Jury had not acquiesced, nor intended to
acquiesce, in the general verdict that had been deli.
vered, and they were desirous that that verdict should
be recorded with some degree of qualifiation. Ido
not pretend to repeat the exact words used, but that
MU the sub.tarice of what passed. I understood that
some of the Gentlemen of the Jury were then at
hand or in the Court. I then said that the verdict
of the Jury having been taken, and that having
asked them distinctly whether they had agreed upon
their verdict ? and they having replied in the affirma-
time, without dissent, it seemed to me that I could not
sa'cly, in tharcase, do any thing in the matter ; that
it would be (I don't know that I might.have eaves.
sack that sentirbent) extremely dangerous, if after the
Jury had withdrawn from the Bar, and after an in.
terval of time was suffered to elapse, to receive any
communication from them, to be acted upon by the
Judge in the then state of the proceedings. The con
sequence was, that a verdict of Guilty was recorded
as the verdict of the Jury. I wished to take the ear-
liest opportunity of stating this matter publicly in
Court, to my Lord, and my Brothers."
Mr. Cairn then rose and was about to address the
Court, when
Lord Exceraonovala (in an authoritative tone)
5ay...." Sir, the Court are deliberating upon the sub-
ject of the communication made by one of its own
Members !"
'The Court, after remaining in consultation a few
minutes, _

Lord Etteramigovon said—es Mr. Attorney-Ge-
neral, the Court cannot,, according to the practice
and precedents of law, receive any affilivit from a
Juryman upon the subject of his verdict ; and the
reason why he ceases to be privileged Irons making
such an affidavit, is because it has a tendency to
affect the verdict, to which he must be supposed to
have given his assent before it was recorded. In
ordetr, however, to give full effect to this principle,
it must appear clearly, that the Juriman heard dis-
tinctly what WAS pronounced by his'lforeman, on be.
half of himself and his fellows ; and the difficulty that
occurs to my mind it; whether there appears in this
case such sufficient evidence before the Court t" act
upon, that the Jury did all of thrtn'hear what was
propounded for them and on their behalf by their
Foreman. They were dot all within the sight and
view tlf the Judge at the time. It appears that part
of the Jury were in the room behind where the Judge
sat. and were .not all in his ;view 4! so that we
have not in this case tho itedinary means thit exist in
others, for presuming OA every one of the Jurors
heard what was 'propounded on his behalf. It ap-
pears they were tarnished with no means of contra-
diction, for it is only their verdict as propounded by
the Foreman on their behalf. By not dissenting from
that which was propounded, they must be taken to
have assented to the declaration•of their Foreman;
but unless they had the power of hearing what was
propounded im their behalf, they had nut the means
of effectually dissenting from what was propounded.
That circumstance, therefore, snakes a distinction in
this case from all the caws which usually occur. Of
course the verdicts bf Junes are usually given by the
Jurors standing together in the presenCe and view of
the Judge, with a full opportunity of bearing every
thing propounded by the Foreman on their behalf,
and with the means of dissenting from any thing
which was not propounded' with their astral. If it
could be made out satisfactorily by the position in
which they stood, and they being in the perfect view
of the Judge, did not diisent from the answer of the
Foreman, it woullbe too muck to disturb the verdict.
The Court certainly will nor entertain a miition of
that sort, founded upon an affidavit of a JOiyman,
but if, as in the case before them, it appears that the
Jury had not the complete means of nearing what
was propounded by their Foreman; and consequently
had nut flee means'ot assenting or dissenting, it seems
to be ati important doniideration (accodiug to

Itggestion of my Learned Brodie!) whether in this
case the verdict of tae Jury ought not to be put out
of all doubt (for there should be no doubt whatever
AS to the verdict of a Jury in any case, still less in a
criminal proceeding). and whether we ought not to
allow the defendant to have the advantage of a new
trial, if he O.: uuld be disposed to claim such an ad-
vantirge.
The A rroetcev•GENErt A t. said, he was not disrsed
to controvert the law as laid down by his I..,,rds'op,
in cases of this nature, but he apprehended that tEe
Ceurt, before at was disposed to set aside the verdict ct
a Jury dt 116..rately recorded, would permit the grounds
upon which it could (..rally be disturbed, to be WI.
mated to its consideration. With great deference
he contended, that it was quite impossible tor the
Jury to be ignorant of what was passing in Court at
the time their Foreman gave in the verdict. The
Jurors were all called over by die officer of we Cow r,
aid they severally answered to their names.
Lord ELLl:Noitoucti —We assume Mat, Mr. A:-
torney, that every thug w.ts correct in that respect.
The ArrouNav-GaNi RH A I.—Then 1 confidently,
submit to your Lordships that it was quite
ble for the Jurors not to have heard all that pasceJ.
It is intpossi6le but they must have beard aA that:
occurred.

Mr. Justic., 134vmsv—I understand the Judge Hm-
self has a doubt in his own mind, whether the err.
diet as ultimately pronounced by the Foreulat., a is
distinctly heard by each and eas.ry of th• Jurors.
Lord EIIENBOROUGII —Want of seeing them ren-
ders k doulktul, whether they all heard M !id passed.
If the Jthige had seen them that would haze atforded
unquestionible presumption that they had
heard %bat to )k place.•
1.11.? A ITOHNEY•GENEItAL-•-I apprehend
Lordship would expect to have some gri:unds la:1
before the Court.

Lord acatatentoccn—l think the Court a7e prt.-
eluded from the means of inquiring, thtough the
(lit= of any affidavits to be furnished by the
into the grounds upon which they oirwnt...d :707n
their fellows. We can receive no knowledge fecsni
their own affidavits. If they cannot agree in their
verdict they ought to have expressed dissent at the
lime. But if the Jurori at the time their verdict was
delivered by the . Foreman had not the means of
hearing what was propounded, there is no need to
'have their testimony upon that point. The fact may
be inferred from' the circumstances under which the
verdict was delivered. That is the only difficulty
which the Court has. The danger would be infinite,
if the practice of receiving affidavits from Jurors was
recognised. That is a doctrine which has at all t fes
been held by the Court. They have always been de-
terred by a consideration of the consequences, from
allowing of such applications. Indeed I don't know
that such an application has ever been nude.
Mr. justice BAYLEY The Judge, feeling the dif-
ficulty of the subject, thought it was duo to himself
and the public to make the communication which he
has; and I most entirely concur with my Lord in
every observation he has made with reference to this
case. The case was peculiarly circunistanced : the
Jury were in such a situation that they were not all
in tbs 'view of the Judge. The Judge had nut the
opportunity of seeing the Jury, nor had the Jury ;he
opportunity of seeingAhe Judge ; and it is duts..ittol
whether the Jurors. who ware now visible iitichin o!;-
portunity of communicat:ng with the Judge upon the
subject, or of hearing ;411 that was propopidc.:."
The Rarronstaa-GesrnAc—‘, If the Court think,
that, wider the circumstances of this case, the defen-
dant ought to have a 'kw trial, I am sure, standing
here for the Crown. after the espressioa of your
Lordships' sentiments, I ought nut to resist it tot a
moment."

•
Mr. justice HOLRnYD—" I don't see how the Court
can, with propriety, say that they can pass to
ment upon the defendant, under the circumstance-2
now disclosed.'

The ATrunNyr-CENtotAL---" Then, my'Lp::ls,
uader such circumstances, I will myself ,move tor a
new trial pa the part of the Crown."
4* •
Lord ELLENnottotaut—., I think Mr. Attorney you
do as becomes you. There must be asnew trial.
Mr. Cutrry rose to address the Court.
Lord ELLENBOROLIGII—." Are you instructed on tee
part of your client to the extent of auttiosiains you
to desire a new trial ?"

Mr. CIIIITI 1 merely appeared on behalf of
the dissentieut Jurymen."
Lord LI.LENNIRuI;OII—," Very sell I then you do
not desire a hew trial ?"

Mr. C1111TY" I now appear on behalf of the
&Nod lot."

Lord ELLSNIMOUGH—" DI you desire a new trial:"
Mr. CHITTY-6i Yo, my Lord ; I certainly Aloold
move for a new trial."

'lle Defendant's Attorney sugges,ed to Mr. Chitty
to move for a rule to shew cause why a vridiet f
acquittal should not he entered opoo the record.
Mr. CHITTY—" My Lord, I am riow uttrrto:te.l
on behalf of the defendant to move for acquittal.
Lord ELLENBOMOCCIII—" The Court ?hive gt,tt,!(.4
a new trial. In your turn you will move what may
be fit for you to move."
Mr. Curt TY afterwards reserved his Mu:inn fut
tu-
moauw (this day).

MR. ()CONNELL AND MR. PEEL.
THE KING O. DANIEL. O'ctrNNELI., V.A •

Mr. REaucit inhumed the Conit that an: Grua.
man WAS in attendance in pursuance of the former
re►pite of his tecognizmice to appear in Court on the
first day of this Term; and lie was instructed, on
behalf ut that Gentleman, to limas that the said tc-
cognizances be now discharges:.
Mr. O'Connell immediately stood fcrth upon the
floor of the Court.
Lord ELLENtionouoit desired to know the terms
in which the recognizance was couched.
_

Mr. READE R then read the teralsof the recogr!-
zance, dated 21st S...pterriber, 181:;, by which Ali.
O'Connell was requited to keep the peace towars:s
all the King's subjects, and be of good behaviour.
and paruculatly to Lep the peace towatas the t
Honourable Robert Peel and Sir Charles Saxton, c
to depart the realm, or assist any of the liing's sub-
jects in lighting any Jud, .cc. and also to 4 ppe.: r in
this Court on the tits day el htieliaelnias Tom I till
From that period it was in the recidicLiu)n ut the
Court that these recognizances were teapitvd
time ttf• time uutil the piessint day.
. Lad ELLEN:SONOUGII--a• giving him t!:.2
trtaltic %Lain attencing e:c Coat?, I' JITF VS4 the

r

' Cent!emus has no difficulty in entering into resogni-
Ince,lly to keep the peace ?"
Mr. O'Connell submitted to the Court that there
could be no necessity for his compliance with this re-
quisition, inasmuch as there was nn legal document
before the Court which called upon their Lordships
to act. He attended here in pursuance of the condi-
tion of the recognizance which he had entered into,
and he now respectfully prayed that his attendance
might be dispensed with, and his recognizance dis-
charged, as there was nothing before the Court which
required any further proceeding.
Lord ELLENROROUOII—" Have you the affidavit
upon which the otiginal order for entering into the
recognizances was founded ?"
Mr. O'Connell Your Lordship knows that that
is MO in the Crown Office."
Lord ELLENBoRoUGII-0 Has there been any ap-
plication fronded upon the original affidavit for fur-
ther contittuinA the recognizances?"
Mr O'Conneli--" No, my Lord."
Mr. READER said, that the defendant had eons-
plied with the terms of his recogni7ances, by appear-
erg i.t Ccat to answer such matters as should be
preferred against him.
Mt. O'Connell.—" As there has been no further'
application founded upon the original affidavit, I.
submit that I 4in untitled to be discharged."
Lord Et.i.xsoottounti--., I don': see how we can*
grant fresh recogniz.aces. as the Gentleman has ap-
peared before us in ohm:knee to his present recogni-
zarces. Lut his appearance be recorded."
Mr. R eA7:4.11" And has recognizance discharged."
ELLF.N U • IttILLII bour-d assent, and the defer-1
dart lel: the Cont.