Star.
London, England, 1828-08-20 00:00:00

ACCORD DA T.

The Duke of Bedford's Plate of .250 was won by Mr. John's
Premier, beating Fadiadeen, Moses, and Prosody.
A Handicap Stakes of S soys. each, and 20 added, was woo by
Mr. Russell's Moses, beating four others.
A Handicap of S soya. each, was won by Captain Ilardwick's
Jericho, beating Fadlideen.
Match 50 antra.—Mr. Swett 's h Tom Moore beat Mr. onr.
Forget Me Not: _ _ _

THE MOWER TO THE GLOW-WORMS.
Ye living lamps !—by whose dear light
The nightingale does sit so late,
And studying all the summer night—
Her matchless song does meditate !
•
Ye country comets!—tbst portend
No war—nor Prince's•funeral.
Shining unto no other end
Than to presage the grass's fall!
Ye glow-worms !—whose officious flame
To wandering mowers shows the way—
That in the night have lost their aim,
And after foolish Ares do stray!
Your courteous lights in vain you waste,
Since Juliana Isere is come—
For she my mind bath so displac'd, "
That I shall never find my home !
• Amasser Wiens.

•
LAW INTELLIGENCE.
COURT OF CHANCERY, Anon 19.
CROWDER E. STONE.
The LORD CHANCELLOR, on coming into Court, gave
judgment in this case, the questions in which arose upon
the will of John Lloyd. After making certain Isposi.

lions of his property, which it was not now necessary to
advert to, he declared his will to be. that a sum of
1.1001. should be vested in trustees, to permit the divi-
dends and interest to be received by his wife during her
life, and after her death to divide the principal sum
equally between the testator's nephews and nieces, share
and shale alike; he also directed, that in case of the desth
of either of his nephews and nieces without having lawful
issue, befiire the period for the division, the share or
share t,t the parties so dying should be divided among
the survivor or survivors of them, share and share alike.
The first question to be decided on this will appeared
to be as to the meaning of the testator in the provision
relating to the death of his nephews or nieces without
lawful issue. 'file words which occurred ih the* will,
t +ken in their ordinary sense, had been held to mean an
indefinite failure of issue; that ordinary sense must,
however, be controlled by the period which the testator
had fixed at which the shares were to become payable.
One of the persons included in the description of nephews
and nieces living at the deith of the testator, was a
Mrs. Powell. 'She died leaving a son; that son died in
1799, and before the shares became payable. His Lord-
ship was of opinion that although Mrs. Powell died
leaving lawful issue, yet that issue having afterwards
died before the share became payable, neither she nor her
issue took any thing under the will. The peat question was
as to the shale ofJaneGreenwood,who died in 1802,with-
' out issue. She survived Mrs. Powell and her son, and
she therefore became entitled to a distributive portion
of Mrs. Powell's shire; but as she herself died before
the shares became payable, her own original share was]
to be divided between the surviving legatees. Her ac-1
crued share was not, however, subject to the same rule;
and although her original share must be divided, that
.share which she took in consequence of Mrs. Powell's
having died without issue was not to go over. His
Lordship decided these points upon the authority which
bad been cited at the bar, 10 ex park West." The only
.remaining question was as to the share cf Mrs. Mat-
thews, another of the legatees, who, having married,
aid before she was entitled in posse-sion to any share
in the .testator s property, disposed of her reversionary
interest in it, with the concutrenee of her husband.—
This disposition, his Lordship was clearly of opinion,
was invalid, on the principle laid down in " Purdew
`,and Jackson." and " Hounor and Morton," and could
'shave no operation whatever. His Lordship directed
the costs of all parties to be paid, with the exception of
•those incurred by the patties representing Mrs. Mat-
: thews's claim.
•

ASSIZEINTEXLIGE
OXFORD CIRCUIT.--GLOUCESTER, Atm 18.
CSOWII Sons--(lidare Mr. Baron VAUGILAS)
John Hunt was indicted, charged with committing a
• rape on the body of Ruth Phelps, an idiot, on the 4th
of August last, in a field at Copse-grove farm, near
Jacob Phelps said he had a sister named Ruth Phelps,
who had been an idiot from birth. She was now 22
• years old, and could hear and speak a few words, so as
to ask for meat and drink, and call for her father and
• mother. She laughed sometimes, but never cried
• when ill used. She did not know the difference be-
" tweets the seasons, but knew her father and mother. The
.witness on the 4th of August saw her coming out of a
wood near Lydyard-park, followed by the prisoner.
She bad been there with some of her female neighbours
to get,wood. She first went into the field where the
witness wan mowing, and then into another, to which the
.prisoner followed her. Seeing him leading his sister by
-the hand, witness went after them, and saw them to-
gether in the field. The witness then described the
situation of the prisoner and his sister in such a way as
fully established the charge against the prisoner. He
said, be did not think his sister knew right from wrong.
- Jane Phelps, the mother of the idiot and the last wit-
ness,..said she knew her daughter to complain of the
. boys who sometimes ill-used.ber, and she nought she
was sensible of pain and pleasure.
On being called on for his defence, the prisoner said
'be had nit completed the offence when the brother dis-
turbed them, and that the girl had solicited him.
Mn Baron VAUGHAN felt himself bound to say that
he could not consider this poor girl what the law called
an idiot. There could be go doubt she was as deficient
in intellect as any one couldbe falling under the denomi-
nation of any thing shoit of an idiot ; but still as she
was, ft appeared, susceptible of pleasure and pain, it
would, be too much to take away a mail's life on a
charge of his having used violence, and committed
those acts which the law required to have proved to
establish such a charge. If there had been any proof
of the slightest resistance by this unfortunate girl, and
that she was incapable cf distinguishing between pain
and pleasure, the prisoner might have been convicted;
but with the evidence that had been offered, he thought
the Jury could not legally return a verdict of Guilty.
Under'the direction of the Learned Judge the Jury ac-
quitted.the prisoner, but his Lordship addressed him,
and cautioned him to beware how he ever again ap-
peared at that bar, as lie must expect to expiate his next
offence with his life : there was but too much reason to
believe he bad been gstilty of an off;:nce for which be
deserved to be driven from society. .
The prisoner, it appeared, bad been tried in 1818 for
a similar offence, with two cabers.
Williams Wilcox Flower was indicted for stealing tWe
pigs, tpe propel ty of Robert Furber ; a second indict-
ment charged him with seceiting the same, knowing
them to have beeostoleo.
•
MY4l9Tinn conducted the proseetkon, Mr.C.rnlL-
ItinstheAkkaie. After the case had been stated to the
.Jury, he submitted that the prosecutor should elect on
• which of the charges he would proceed.
• Mr. JusTrCit contended that the prosecutor might
offer evidence in support of both.
Mr. Baton VAVOILAN expressed his opinion, that

•
under the new Act the prosectror was bound to elest
!the charge he intended to proceed on. ' •
It having been determined to proceed on the charge
for receiving the stolen property,
Rosanna Flo' her, the wile of the prniectitm,'Said, that
on the 22d 01 May, her huThand had two pigs safe 'in
his sty; the next morning they were both gone; but in
consequence of some information she reteived. she went
to the prisoner's house, and there found two Nub plgs,
which, itom the marks that remained on them, she
knew to be her husband's pigs.
Robert Furbrr (the prosecutor) tracked the pip to'
within a short distance of the prisoner's house, and con-
firmed the evidence of his wife reap, cling the mark's by
which he knew his pigs. .
The prisoner, in his defence, said that the pigs had
been brought.to his house by two men, whose nitsner he
mentioned. He did not know, lie said,• where they

came from.
The Jury found the prisoner Guilty, and he was sen-
tenced to seven years' transportation.
swami stimuli°. •
William Werrett, aged 33, was indicted, charged
with stealing a black gelding, the property of Samuel
Smith, from the parish of Buckland, in this County.
Mr. WATEns conducted. the prosecution, and Mr.
PHILLPOTTS the defence.
Samuel Smith said, that on the night of the 15th of
July last his horse was safe in a clover field„ and in the
morning was gone. He instsert)y set tiff in, Wards* of
him, and with a neighbour of the name of Wiwi traced
his steps for nearly fifteen miles. From information
they received they however continued their search, afid
at last found the house gr.izing in a green lane, about
seventy miles from the house of the witness. Therr
was no one wish the horse, which was in cOmpany with,
two others, and they all seemed very much tired. The'
witness took all the horses to a neighbouring public
house, and some men whs, were there, on his going in,
immediately made their escape across some corn fields.
Captain Warner proved, that on the 16th of July,
the prisoner, in company with another man, having
three horses with them, passed bim on the road near
Acton Turvel. The pris-ner was leading a black horse,
and riding on a bay one. Suspecting the prisoners, the
witness mounted his horse, and followed them, and saw
the two men lying in a field; be presented a pistol at'
them to make them stop, but they refused, and in at.
tempting to leap his horse over a hedge, the witness
was knocked off by the bough of a tree, and the pri-
soner and his companion got away.
Thomas Nichoisun,, the constable of Acton Turvel,'
met the prisoner, and having heard that he was accused
of horse-stealing, seized him by the collar. • The pri.
loner said, " GOD bless you, don't take pie ; it can't do
you any good." The witness then told him the offence
be was charged with, and said he was determined to
do his duty ; on which the prisoner immediately seized
him by the thumb, and bit him in several places. They
then rolled down together, and the prisoner :,it the wit.
tress in the side in two places, biting out a lump of flesh
each time. The witness was obliged to hold the pri-
soner's hands all the time, as he made repented at-
tempts to get at his pockets, and on a young man com-
ing to the assistance of the witness, it was discovered
that the prisoner had got a clasp knife in his pocket.
The prisoner had acknowledged to the constable
that he had the horses in his possession, but said he bad
not stolen them. He said he knew he must cross the
water for the offence ; but he did not mind that, so as
he escaped from the " narrow bridge."
The prisoner, in his defence, said he had been em-
ployed by a man to lead the horses, and had been paid
2s. for the job.—Guilty.
Mr. Baron VAUGHAN, in desiring sentence of death,
to be recorded, told the prisoner that nothing but then
absence of a material witness could have prevented his
sending him to cross the narrow bridge, which he had
so justly apprehended. The offence of horse-stealing
was now become so frequent, that it was impossible to
do justice to the country unless the severest punish-
ment was inflicted. The prisoner might consider him.
self very fortunate to escape by leaving the country
for life.
Jane Walker was indiited for stealing a pound of
bacon, the property of James Burton.
Mr. WATSON appeared for the prosecution.
The evidence detailed by the witnesses proved that
the prisoner, having gone to the shop of the prosecutor
to purchase some other article., put the piece of bacon
into her basket. It was immediately discovered, and
she was lased with the theft and given into custody.
She had left an infant child at a neighbour's house, and
after she was taken away sent it to the prosecutor's, to
'beg for the sake of the child he would not proceed
against her, Who, moved to pity at the sight of the poor
child, refused to appear against the mother, who was
consequently discharged. Instead of evincing her gra-
titude for the mercy that had been shown her, the mo-
ment the prisoner regained her liberty, she went to an
attorney, sad employed him to write to the prosecutor,
threatening him to proceed against him for false impri-
sonment. The prosecutor was therefore compelled to
renew his charge, and was bound over to prosecute.
Guilty—One Month's imprisonment.
The trials of the prisoners concluded with this case.
Mr. Baron VAUGHAN proceeded to take Common
Jury causes, with a view to assist Mr. Justice Gaselee.
BRISTOL, Amur: is.
The Western Circuit, which had concluded at Wells,
in Somersetshire, has been continued on by a fsisi Priors
commission for the determination of civil causes iti the
city ti Bristol. There is no second Judge here, as the
criminals are occasionally tried by Sir Charles Wetherell,
the present Recorder of this city.
The business commenced betore Mr. Justice PARK
this morning at the Guildhall. The following case,
which occupied the greater part of dm day, was the
only one in any degree interesting which Wok place.
ROOTH V.SCAIDASIONZ.

This was an action on a warranty of a horse. The
damages were laid at 401. The plaintiff is a merchant
at Bristol. and the defendant a miller near Bath.
Mr. Sergeant WILDII (with whom was Mr. SMITH)
stated the plaintiff's case. The plaintiff having occasion
for a horse, mentioned the circumstance to a third per-
son, who knew that the defendant had one to dispdse
of, and through whom the horse was purchased from
the defendant for the plaintiff. The defendant, on selling
the horse (for which he received 401.) engaged him to
' be perfectly sound, except that at that time lie bad what
is called the " thrush. (a local and teMporary disease
in a bmrse's feet). The agent observed some lumps in
the animal's throat, and the defendant said they were
the consequence of a cold, and would go off in a very
short time. Under these circumstances, the horse was
bought; but within about ten weeks sifter the purchase,
appeared to be glandered. . . .
The defendant's ease was managed by Mr. C. F. War.-
LIM" who contended that the representation which the
defendant had made of the horse in selling him was per-
fectly correct. and that the animal. at the time of the
sale, was only affected by the thrush and a slight cold,
which 'could have been easily removed, hut' hich the
excessive riding had aggravated into the 'glanders. Tilt

!plaintiff bad, _sinekL the ptrcbase, driven the horse in a
gig frona,Bristol to HO distance rf thirteen miks) in
fiityfirre inintiter,sibY Wlikti the Cl*liVilse. on the gtound
of which idtighthtir itivaNdate 'the tontrait. had
been actually orndneed: This fart was i•toved by a
witness called by Mr. Williams.; and a veterinsry sur-
geon deposed, that a horse labouring under 'acute glan-
ders could not have endured such a degree of election,
and that the boa's', Must thereftire haiefieen At 'Arai titise
suffering under the chronic firm rithsl coin flitint:' 'I
was Also prOved by a veterinary Surgeon. that sa horse,
could not have contracted•chronic glanders in the time'
which bad elapsed from the purchase of the horse to the
appearance of the disease, and that I.e must thesefore
have been labouring under it What toe'lkiisidtd! • •
'The Jury, on this' evidenar;' fonds,' i'veiditt for the
plaintiff—Damakes; 40/.

i iNikLuGuci
POLICE.

al ANSION-HOPSr. '
A master-baker, who *resides in Lombard-street, was summoned
to theJusiice;ronm, to uniwet (oral assault upini a ioung Geode-
man who occasionally- does bu%iness 6n the Cbrn Etcliange. -.
• The complainaht stated, that ' atte *as passitig through Loin-
hard-street, he saw the defendant's son oftid daughter stiindiag at
the hall-donr, and he joined them, and walked into the hall, where
they were chstting for ash u time, when the defendant taunt dowti
stairs M a hurry, without shoes or ,lipprts,' and attacked him in the
most furious manner. ' Complainant was acquainted with the son,
and therefore considered himself entitled' to stand in the hall in con-
versation; but the defendant, without' asking him a single question,
Brock him a violent blow for speaking to hia daughter ('o whom
the complainant supposed his privilege of addra,g 'eel ended), and
bundled him out of the house. He declared that the Converitaticio
he had been enjoying when thus disturbed *as not of a peculiar
nature, se 'that the defendant was altogether 'Without justification
or came.
The defendant pleaded guiky to part of the charge, but submitted
that he ought to be escused, In consideration of his duty as &purest,
He had certainly bundled the young Gentleman into the street, but
be had not struck biol. The fact was, he heard the complainant,
with whom he was not acquainted, and whom he was not ambitious
of knowing, talking to his daughter in the passage, and it occurred'
to him that fie might as well put an end to the acquaintance at Once;
Mr which reason be rail down, as was laid, in hiestockings, ailed
seizing the gallant Gentleman by the collar; shoved him neck and .
crop into the street, but Without doing hIM the liiii violence. ' The
complainant did not take this very kindly,.Mit had his revenge
afterwards; for no sooner was he removed (rum the premises of et
areas, 'than a large paving-stove was Sulu Into the &eyeing-room
through the glass, either by him or his cOmpaitione, who kicked iiir
a dust Outside.
The complainant most solemnly denied the flush of this State-
ment ; he never threw or antitorised the throwing of the stone.
Mr. Nobler (to complainant)—And ptay, Sir, what right tad
you to go into the house ? Weak your ovin?..
Complainant—No, Sir, if wu not my Muse.
Mr. Hobler—And why should via go about Caterwaang ou
this Gentleman's premises? You had no business there, Sir. A
Father is the natatal protector of his daughter. •
The complahiant thought the brother's presence a sullicient se-
curity.
Alderman Amster said 'he should not act in this cam.' If the
complainant thought himself aggrieved, he had, only to indict the
defendant at the Sessions.—The case Was ben diantitsett '
GUILDHALL.
Thomas While, Gestgelase. and ififirsitis Altai, three respectable
looking persons, were charged with having, 1111 company Witii.a
fourth, named Cline, who did not attend, within); breaking several
flag stones, the property of the Cosnmissionits of 'Sewer.. •
It appeared from the evidence of Thomits Senator, Inspector of
the watch for Aldersgate Ward, that the defeudante, about a quar-
ter before four o'clock yesterday morning, went through Alders.
eate-street, and amused themselves with throwing dottrel the Sag
stones that are at present placed in I slanting position against the
posts for the purpose of repairing the pavement. 'Ashton' and Oise
were particularly active in the business; but be could not sky he
actually saw Hose or White put their hands to the ~N. '
Ashton being asked what he had to asy'to the charge, thank
many frivolous objections to the evidence of Berstien, but ladmltordt
throwing down ewe email stone, *Melt he *Wetted was as sound M
ever. He hisistedthat the dim( was not to be believed.
Mr. Bevesfottl the Clerk said, that if peroues were not to bi be-
lieved on their oaths, there would be an end to all the administra-
tion of justice.
Sir Jam rtniataa--rsee tio rancid to dbbellete 'die man. I
Would met hesitate to take his word, much less his oath. lam
Very_ sorry, but I must fine yOu twenty shillings,' according to the
statute. The lospecter'creclines pressiog for the Mine of the etudes.
Defendant' Ashton—You must eacose Me, Sir. I cannot think
of paying it on any account.
Sir Joss Iluaesso—Then I' shall be obliged to commit you.—
The other two sisteadants must be discharged. '
Ashton—l will be committed and bail it.
The defendant was highly astonished en being told it was not
bailable, but preferred to be locked up, -and Was inunediately
handed into the strong room to consider of sic.
BOW—STREET.
Yesterday, a youth named Brown was brought to this 'alto;
charged with stealing from the person of Sir John IP MA* is
Irish Master of the lions, a silk haudkercbiet. The prisowir Wel
observed to follow the heels of Sir John very closely through Duke;
street, Lincolii's Inn-fields, and to draw the handkerchief out of
his pocket. He ran away, but was pursued and seared, with the
privet ty upon him. Sir John Whialion said that he had lost a
handkerchief like the one found on the prisoner; 'but as there was
no mark on it he could not swear that the one produced was Ida
property. The Magistrates committed the prisoner, and said that
it would put be necessary to bind over Sir John to attend to give
evidence on the trial, as there appeared to be quite sulking evi-
-1 deuce without him. .

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