Star.
London, England, 1829-07-30 00:00:00

ceiving the amount of It at Messrs. Barclay's, paid:it into
the house of Mehra. Fry. and Chapman, to the account
of Spurr and Co. and on the Monday, as it would be re-
collected, that firm stopped payment. Mr. Gwilt had,
therefore, applied to the defendants for the repayment of
the sum, but they refused to comply ; and as he had
been put to the inconvenieece of again raising the
amount for the purpose of liquidating the claims of
Clutton and Carter, he had deemed it necessary to bring
the present action for its recovery.
A great many witnesses were celled, who proved the
payment of the cheek into the banking-house of Frys and
Chapman on the Saturday—the clearing of the check- -
the stoppage of Frys end Co.—and Mr. Leach's having
proved under the estate that amount, in addition to their
own balance on the part of himself and partner. Also the
extension of the time of payment from the Saturday to
the Tuesday.
The Attorney-General said the case was one of con-
siderable hardship, and the circumstances, as he was•in-
structed to state them, were of a most peculiar nature.
The bills of costs in the two actions to which Mr. (wilt
had been a party, were taxed on the 21st of November,
and Mr. Spurr had previously taken the precaution of
recommending his client to be prepared to pay the amount,
as it would be demanded immediately on the taxation,
and that should he not be able to pay it, execution would
issue. Accordingly Mr. G. promised to call en the de-
fendants in the course of Saturday morning, the 22d of
November. Mr. Spurr remained at home the whole of
the morning, in the expectation that his chalet would cull
in accordance with his promise with the money. Mr.
Spurr having another engagement in the afternoon, was
obliged to go out without seeing Mr. Gwilt. He would
beg to call the attention of his Lordship, ae well ae
that of the gentlemen of the jury, to the facts he was
now about to state. Before Mr. Spurr went out, he
wrote a note to Messrs. Clutton and Carter, saying
that the money should be paid on Tuesday. Mr. Spurr
had written this note under the idea that he should aee
that gentleman in the course of the Monday, when he
would bring the money with him ; he should prove that
this note was put into the post-office before Mr. Gwik
called at the defendant's office on the Saturday. Mr.
Gwilt did call, but not until about three o'clock, and was
told that in consequence of his not having come in the
morning, as agreed on, a note had been lent to the other
parties, promising payment on Tuesday, the 25th. Mr.
Gwilt had brought the check ready drawn for the amount,
1,0-24/. The question then was, how it should be dis-
posed of. Mr. Gwilt might have taken it back with him,
of Mr. Leach, Mr. Spurr's partner, with whom the in-
terview was had by the plaintiff, might have either locked
it up in his own office, or have sent and got the money
for it. Now, what was the fact ? It was Mr. Gwilt's
own act to leave the check with Mr. Leach, and he saw
that gentleman write the names of their bankers across
it, " Fry and Chapman." Mr. Gwik knew that the
check was to be paid into Frye banking-house, and that
the amount was to remain in their hands until Tuesday,
the day on which Messrs. Clutton and Carter were to be
paid. This being done with Mr. Gwilt's knowledge, he
would ask who was liable ? and he (the Attorney-Gene-
ral) would submit to his Lordship, whether, as Mr.
Gwilt had thought proper to leave the check, after the ex-
planation which had been given him with respect to the
extension of time, from the Saturday to the Tuesday, and
seeing Mr. Leach write across it the names of his own
bankers, he had not taken the responsibility upoo him-
self, it being evident that he gave his consent to its being
allowed to remain in the hands of Fry and Co. until tho
Tuesday ? These were the facts he had to state, and he
was instructed, that he could prove most satisfactorily the
one, as to the putting the note, promising the payment on
Tuesday, into the Post office, some time before Mr. Guilt
had made his appearance at the defendants' office,.
Lord Tenterden-1 will receive your proof in 'support
of it.

ASSIZE INTELLIGENCE.
CIRCUITorpWIRCHRSTER, Jar es.
• G444Aft HALL.
Mr. dajeant Merge*: and Mr. Manning appeared
for the plaintiff ; and W. Y. Williams for the defendant.
This was an action brought to recover damages from
the defendant, for an injury done to the plaintiri gig,
occasioned by the defendant's negligent driving. The oc-
currence was described to have taken place at night, on
the Porten road ; and the question, as usual in such cams,
was, which of the two parties was in the wrong ? The
*Wire witnesses represented him to have been travel-
ling at a slow pace on his own side of the road, when the
defendant, who was driving rapidly along, and who was
nearer the wrong than the right side, ran his cart against
the gig, threw the plaintiff out, and broke both the gig
shafts. The injury dOne to the gig was paid for by two gui-
neas, and a person was called to prove that ,the plaintiff had
been very unwell; that witness had bled him, and charged
a shilling for the bleeding. On the cross-examination
of this person, it appeared that he was a " hair-dresser," or,
as one of the Counsel translated his description, " a bar-
reismagmeon." He said the plaintiff was relieved by the
, and witness heard no more of him aftenmede.
The plaintiff's maid servant proved that her master win IN
lir two days afterwards, and could not follow his bop*
nem, The answer to this case was, that the injury wee
entirely owing to the plaintiff's careless driving •, and s
man who had been in the defendant's cart at the tins,
Imes that the defendant was driving slowly and care-
fully on the proper side of the road, when the plaintiff,
who was coming in an opposite direction, turned too
much out of his own side, and ran nearly across the path
of the defegdant's cart.
The Chief Justice left it to the jury to decide betvieen
this contradictory testimony, commenting at the same time
on the probabilities of the case, which did not seem ta
him to favour the supposition that the lighter and lam
powerful vehicle would have been driven against di*
which was not likely to suffer so much from a colikisa
of this kind.
The jury, after a very short consultation, Monied
verdict for the plaintiff—Damages, 41.
OXFORD CIRCUIT.—ABINGDON, Jsry Is.
Mary Taylor, a very hard-featured women, wins
age was stated to be 46, but who looked upwards ot
was charged with the wilful murder of her male child,*
tying it up in a cloth, whereby the child was suffoosta.
The prisoner was very respectably dressed in mourning.
Mr. Cross stated the case on the part of the prosecution.
Mrs. Croft (a very besutiful young lady of twenty-
five or twenty-six years of age, who was very elegantly
attired in deep mourning) said, I am the wife of Mr.
Ashley Cooper Croft, of Priestwood Lodge. Early in
lest year the prisoner came into my service as cook. I had
a good character with her. After she had been with ns
some time she appeared more stout in her figure. On
the 18th of April I went into the prisoner's room • sap
was at the side of the bed, complaining of Owe; she w
dressed ; after that I went into her room again, and food
her in bed. I was about the room, or the adjoining per
sage, for some time ; and after the prisoner had been
bed about an hour, I beards opine resembling th. cry ti
a child. The cry lasted not more than a wend. This wee
at about six o'clock in the evening ; the cry appeared to
come from the bed. I was in the room when I bowl this.
I said to the prisoner, " This s strange Poise; I 40.1
know what to make of it." The prisoner mid she had
cold, and that it proceeded from her breathing hard. I
immediately sent for a surgeon; he clime in 'bout an
hour. I have no reason to 'oppose the prisoner is a
married person. A few clays after this occurred, I found
an infant's shirt ins drawer in the kitchen, in which the
prisoner kept some of her things. Her ones* in off
service was irreproachable ; and from that cireamelssen•
and from her apparent age, I had not the slightest sips-

J. Smith, a clerk to the defendants, was they called— picion.
He stated that he recollected the defendant's coming W Mr. Freeman said—l was called in to attend the psi.
I his employer's office on Saturday, the 22d of November. wooer. She appeared weak. In coasequence of whet
He recollected a letter being sent to Messrs. Clutton and heard from Mrs. Croft, I asked for the child, and tits
Prisoner delivered it to me cost of the bed. It wag 4004.
Carter on that day. He himself put it into the post-
(Ace about two o clock. Mr. Gwilt did not come until It was tied up tightly in a coarse cloth. There wen ao
between three and four o'clock, when he saw Mr. Leach. marks of violence on the body.
The Attorney General—That is my proof, my Lord. Mr. Baron Vaughan summed np the evidence ; and
;
the jury found the prisoner Not Guilty of Murder, tet Lord Tenterden—There can be no doubt of the law
Guilty of Concealment. -Sentence, one year's gel-
.= the subject—a verdict must go to the plaintiff for
tie amount. It is a very hard case, and one of those sonment.
misfortunes which will happen on the sudden stoppage of MIDLAND CI RCU IT.— N ORT 11 Aal PTON, low mt.
Mi'l concern. William Tapp was indicted for burglariously breakiag
The jury returned a verdict for the plaintiff—Damages open the dwelling-house of Mary Owen, in the parish
1,0241. Potterspury, in this county, on the night of the Ist of
A GIAAIMS akAKE May last, and stealing therein a quantity of bacon, the
property of John Clarke Rosser.
From the Taunton Courier. Mrs. Owen stated, that she was a widow woman, and
The curiosity of this town was on Monday much excited lived at Potterspary ; at about ten o'clock, on the night
W th. anangensents for the intertnest in the thumb-yard of Tam. of
the to nu" y, sbe retired to bed, after haviog locked ma It. Mary idagdales, of the body of Joseph Neal Swell, the
Limeekriiire giant. ms deceased was ban at ficambellaby. near both frost and beck doors, and placed fire-irons against
Horneestle, in the county of Lincoln, Feb. lath, twos. Being them, so that she should hear if any person forced in dap
illegitimate. be was aeon compelled to seek his own Unabood, and door during the night ; on the following morning, ska
as he was remarkably large for his age, he was publicly 'hewn a• found the back .
a earioaity. About three years sad a half ago he visited Swansea, `me ""'"` "If IPS, mai mimed the bane; firman
where be was seised with a typhus fever, which terminated in seeing a quantity of soot abate the lees, end eine iwilia
bliduess, and was reduced to the necessity of going into the pow- removed from the top of the chimney, she bed no do*
hss.e a: that place. On recovering from his illness, he proceeded that the robber or robbers bad ~....A the bonne in dim
through the country, blind, feeble,and almost he4deek and reached
..._s
___, "*" ```"
grimed, from whence be came to this town, where Ids melancholy way, saa red the door on the um&
condition attracted the attention of some Is'enevolent persons, who A constable stated, that on proceeding to search the
liberally administered to his necessities, and eventually mated him prisoner's house, be saw his wife come out and ins ill.
to proceed to Exeter, when he was furnished with a caravan, in wards the garden, with something concealed in bee 111111111. which to exhibit himself, and provided with a person named
outgo
of this town, to attend him. Thus supplied, he which she threw into a ditch; iis searching the ditch, he
became tolerablyi successful in the exhibiting of himself, and again found a bag containing some pieces of bacon.
reached Swansea. His state of health. although weakly, did not John Clarke Roper identified the bacon as his pew'
indicate any proximate danger, but after taking tea oath. 5d hist. party . h. 1...,1 ..„1,,... ;, , mt..
be was seised with At., of which be died the neat day, in the 14th ' - -"... ...‘''` " '''' Owen to cure for him.
year of his age. Sewell had a great horror of being exposed to anato. The prisoner said, he had bought the bacon of LIM
mical operation after his death, sad to avert this apprehension, was who is now dead.
extremely urgent in requesting bit attendant that kb body might be. The Jury after some deliberation, returned a mile
brought to Taunton, where he said he knew that the kindness be of (2.,:f,
had expetienced from kb friends would be extended to his re- '''''``y.
mains, en their being made acquainted with his request. Brooms. The Learned Judge (Mr. Clarke), ordered sentielloo of
grove, his attendant, accordingly brought the corpse in the caravan Death to be recorded.
from Swansea, through Gloucester and Bristol, to this town, Robert Mather was indicted for feloniously be at
where it arrived us llnaday last, having, much to his credit, re. . • . • . •
large m tuts kingdom before the expiratiou of his sent
sisted a great number of applications for the disposal of the body,
anti
particularly one made by a Frenchman who was extremely impor- of transportation. The prisoner pleaded Guilty,
tunate on the occasion, and very lavisit'in his teem for purchasing sentence of Death was recorded.
it with a view of sending it to France. Its identity haying been John Webb and Henry Sharp were indicted for meal-
previously ascertained on personal inspection, by two gastlensen of •
this town, who wen knew him, tbr funeral took place on Woodsy nig a ram lamb, the property of Richard Hewett, on the
otherwise, and was witnessed by a vast concourse of the ishald Welt of the 3d of July instant.
tans. Quick lime was thrown into the grave, and the best expo- Mr. Hewett and his shepherd proved, that the lamb
clients adopted to accomplish the swishes of the deceased, regard* was stolen on the night of the 3d, or the morning of the
the security of his remains. A Somerset dwarf, omen Farnham, 4th . A
only 57 Metes high, followed the caravan es chief mourner a tar
__• tut" 2_,_Ne """ Robinsona Raw the Prieellere
(sacral. The contrasted stature of this individual with that of gulag' 1550 tank louse, where they lived together, . at
Sewell, when alive, presented a curious spectarJe, mid tenderest the me o'clock Gs the morning at the dth, Sharp raving
cueijolut exhibition exceedingly attractive to *rectums. The de- a bag ea hie beck. Robinson also saw the primmer.' nsis•ss
ceased was seven feet four inches high, and weighed 57 stone, or
Stabs. ills friend, the dwarf, weighed dale'. only.
se.,sw. cutups up lamb, which did not appear to have beau skiai-
dress required fie yards of broad cloth for his coat, See yarde at end by a hatcher. and which the women endeavoured
cloth and fining for his waistcoat, seven yards of ream and for his calmest fovea the wigwag. On searching their premiss a
women ; his dime were 14i inches long. and fie Wien wide.
--... bag was found stained with blood on the inside, ctrl the
.r. North, d Bayswater, was coming to London bous of a carcass of lamb were found concealed tinder
4 morning, in his gig, with his wife mid one of the stairs. Webb's wife had also Leen seen, on the
, children, the bone took fright, and by ruining up a lia"l'ma d tit, 4th, "shin sense piece. of au* that
Timid...ide beak, upset tbegig, broke the shaft, smith:owl .ISO Moody. Mr. Menem, howarrer, could sot emsar
them all SUL Min lady and child did not receive visy.aa-. that. ..
.tha
111haPaa found in Ilia rimers' Untie were thaw of
*us hurt, but Mr. North 111-nil Antiwar:oy *mai -magi. jibs MOM ,1111111-1014.
tied into a neighbouring public-house in the U xbridge-road. I: The Jury, therefore, returned a verdict of—. Viet Guilty.

As Mr. NI