Star.
London, England, 1817-08-19 00:00:00

A MANIAC.

During the hearing of a bankrupt petition in the
forenoon, the business of the Court was interrupted
by the violent conduct of a young man apparently
insane, who has been regularly there for the last ten
days, and till Saturday last conducted himself with
the greatest decorum. He had allowed his beard to
grow to an unusual length, and though quiet. yet
gave every reason to believe he was out of his mind.
On Saturday he took his seat among the Counsel,
immediately opposite the LORD CIIANCELLoR. As
he was continually grinning and laughing in the
Court, the LORD CHAVCa.LOR gave orders that the
Officers of the Court should not permit him tu oe-
cispy that 'place again, and accordingly on his this
s4y attempting to do it, his Lordship's tipstaff (Mr.
Blotto) prevented him, and in the most humane
manner suggested to him the impropriety of his con-
duct. The maniac, however. persisted, and raising
a large stick which he held in his hand, attempted to
strike Mr. 'Bakes, who then very properly seized him,
and was taking him 'out of Court, when the maniac
appealed to his Lordship for protection against what
he considered an invasion of his rights. His Lord-
ship took no notice of what was said, and the young
man was turned out of Court, into which he repeat•
edly endeavoured again to colts, but was effectually
prevented. He threatened he should go instantly to
Brighton, and inform his Royal Highness the Rs-
GENT of such conduct, and he would go, though he
should walk all the way bare-footed. He soon lorced
his way into the Vice• Chancellor's Court, and for-1
malty complained of the indignity he had been'
treated with by the Lotto CUANclu.ou's officers. The
Vicz-Citaticezt.on said nothing, and then the young
man, brandishing his stick, said that by tn.morrow
the Coaxcettzott should know, by an order from the
PRIM& REGENT, with what respect lie should treat
tho Solicitors of the Court.
MOblblaUXHEdititiL. &tau&
.blYsTlllMoUll MURDER. .

Jana isarry, alias liarrir, stood capitally indicted
for the willut murder of Elisabeth his wile, on the
30th of March last, in the parish of lliztone, in the
county of Monmouth ; and the nolictrnent chargh
the murder to have been committed in three ways :
first, by striking her on the temple with a .arge stone:
secondly, by thrusting a cap into her throat ; and,
lastly, by throwing her into a certain pit, and cover-
ing her over with earth, thereby producing suffoca-
tion. The prisoner, who is an athle:ic m in, 45 years
of age, on being arraigned by Mr. Tomas, the clerk
of the indictment, pleaded Not Liuilte.
Margaret Goff deposed, that she lives at Buck-
holt, about SW yards from the prisoner's house; she
remembered the deceased ever since she was a child.
In the summer of the last year the pristiuer came
home to the deceased ; previous to that time she had
lived alone ; she gained her living by attending per-
sons lying in, and by sewing. Witness met her at
Monmouth in January last ; -she went before a Ma-
gistrate ; oti• her return home witness and Ann
Evans sat up with her ; she (lid not. go to bed. The
prisoner ahused her very much ; the deceased had a,
very aggravating tongue. In the morning, when
the prisoner cease down, he went towards the de-
ceased and doubling his fist, put it up in her face ;
he told her to fetch all her clothes home, and thew
them to him when he came in at night. He also told
her to fetch her wheat home, take it to the mill, and
get it ground, and make him some bread by twelve
o'clock, or he would kick her to pieces ; he knew his
duty, and he would make her know beef. He would
°sake her better or worse, or he would go to jail or
to —. He then went to his work.

Mrs. Hannah Howell, on the evening of last Palm
Sunday, about six o'clock. saw himon Mr Phillip's
land near her house ; he stood there from halt an
hour to three quarters of an hour. She talked wills
him. Knows the place where the body of the de-
ceased was found ; when the prisoner went away. be
went in that direction. There was no path that way.
William Jones lives close to the cottage of the
prisoner. Saw the deceased on Sunday the 30th of
March, coming from church about three o'clock.—
Did not tee her again that evening, nor did he hear'',
any noise that night. The following morning wit.'
ness heard the prisoner at work in his garden between
three and four. Never before heard him at work so
early. It was moonlight. About five o'clock the
prisoner came to wetness's house, and asked him it be
had heard any noise in the night. or heard any body'
calling l
.he told hint no. H. said then (twills wile
had been called in the night by some woman or girl,
who asked her toga to the Assizes. Previous to her
going she-went up Whim, and told him to do what
he could in the garden, for she should not be at
home for 11031 C time. On the Tuesday or Wednes-
day night following, witness met the prisoner in the,
icad ; they gat talking about his wife. The priso-1
ner said he did not know what to think had become
of her. • Witness said-.-46 James, it looks very awk-
ward ;" he replid —se I don't know what to do about
He added." She went on the Sunday night
taAthe tOutteve acres Of Mr. Phillips, to tee what

ground was to be had to Set potatoes., ,Sad orAiwards
coming back from there; ibr Wet lei** girl oh the
road ; she came up•to his (the prisoner's) house, and
going into the ;tinders said to him: irt,ere's a girl;
coming to look for me ; I must go out either to-night
or in the morning." " James. (said witness) did
you not know where she was going ?" and he replied
he did not. Witness said that was very odd ; upon
which the prisoner said he did not go into the house
to see. Witness then asked him if she bad taken any
clothes with her ! He said he did not know, but
there were sour: of her loul clothes littering about.—
Witness then asked him what time she went ? when
he said, 41 As near eight o'clock as I can judge."
Robert J mes, sun of the last witness, deposed
much to the same effect.
John Jones bees at the Buckholt s remembers on
Monday, the 31st of March, returning from Mon-
mouth towards home ; he passed the prisoner, who
was at work by the road side hedging. As.he passed
by. he-asked witness if he had seen his old woman?
Witness said " Not" and asked him it she was gone
out? The prisoner said, that alter she came out
from Newton church, she went to look at a headland
of grumid to set potatoes on, ant that she was going
trom thence to Monmouth to help Mr. Barlow, au
innkeeper, at the Assizes. Ou the Vsresinesday morn.
ing he saw him again as he *as going to Monmouth,
when lie asked him again it he had seen his old
woman ? and he said, " No." On the Monday fol-
lowing witness saw him at the Priory Furra, when he
repeated the same question, and witness said, r Nu;
in the tame of GOD hasn't s'ic come home yet
prisoner answered in the negative, when witness
asked what sort of humour she Was in when she went
away? and he replied, " lr,s good as ever she was."
Witness then said, •' Where's nu tear of her coming
home."

Mary Meredith knew the deceased; saw her on
Palm Sunday at Newton church, about halt-past
three; observed the gown, bonnet, and !bawl, she
had on ; saw these things since, when she was era-
mined before the Coroner's Jury; she walked with
her about halt way down the Buckholt. Un the
Sunday after (Easier .Sunday) saw the prisoner at
iiis own doer ; he called to her, and said he wanted
to speak with her I She went to aim. and he went
in and sat on a chair. Sot asked him what he Panted?
and he said he had lust his old womaii,.and could
think what was become of her. lie then repeated
the same tale to this witness which be had to the
others, respecting her having gone to the Assius.
Joseph Meredith is employed to take care of the
fences in the Cross-wood. Un Thursday, the lOtli
of April last, he went towards that wood. As he
passed close to the wood, he observed some trampling
near a bit of a gap io the hedge. He looked down
into the ditch, and saw the appearance ot a grave.
The mould had been dug to about the letigut of a
human figure, and was covered over with leaves and
grass. Ile had a backer iii his hand ; and on de-
scending into the ditch, he pushed the hacker into
the mould to see it it had been lately moved he
found that it had, and he went up to James 'James's
house, and borrowed a spade. wills which he went to
the spot, and dug the mould up, at.d at lest came.to
a person's bare knee, about a foot mid a halt in the
ground be went on till he saw the leg and tout. He
then went to see for James James, ant: on finding
him they returned to the wood together, and witness
:hewed James what he had discovered. James took
the' spade to see it he knew the person. He dug un-
til he came in sight of the hair ; lie then with his
hands pulled the mould off the face, when they both
recognized it to be Elizabeth Harry, . the deceased.
They then covered the body up again and went in
Search of the prisoner. They borrowed a gun, and
went up to the prisoner, who was hedging on the road
side. James, pointing the gun at him, said, 66 you're
my prisoner." The prisoner said, 06 have you been
to plough to-day ?" Jaques said, " That's not what
I wain with you." The prisciner rejo;ned,“ Have you
been to plough for all that ?" James said, " I have
not; you air my prisoner." The prisoner said,
6' you're in tun, Went you f". James said, ." you
have lost your wile, ba'nt you ?" 66 Yes (said the
prisoner) I have." James then exclaimed, 6, we both
know wifete to find tier; she's murdered and buried
in the ditch." " Bur led in the ditch I dear my heait,"
said the prisoner, 66 who could have put tier there ?"
Witness then went round. and. said to the prisuaer,
64 you must come along with me to Ivlontnotrili."
lie said, I'll take my tools to the house:
do you go on duals the road, and I'll meet you."
Witness said they would go with him, on which he
said, 6. I am innocent. I can take my oath I am in-
nocent ; I can clear myself; I have put your mother
and st veral of the neighbours to look alter her. They
can cleat Inc." He added, If when I went up from
dinner on Sunday evening from the Priory, I gave
her a pound note to buy -some stuff to make a pair ot
breeches, She was to have the remainder for her-
self. She seemed to be well pleased with it, and went
away in as good a humour as ever I saw her. It
was about twenty minutes before eight, as near as
I can judge." Witness and Junes then took him
down before the Mayor. Alter that witness went
back, with several other people. to take the body up.
Witness dug the mould off. There was nothing on
the body but the shift, which was drawn half way
up her waist ; cap lying near her cheek saturated with
blood. It was rumpled up. On taking her out of
the ground, be observed a wound upon the right
ear, about an inch and a :half long. They then
wrapped her up in a blanket, and carried her back to
her own house.

Cross-examined—The body was found about lull
mile from the prisoner's house. In going from the
house to the place in which the body was deposited,
they bad to cross three hedges. From the grave to
the high road it yeas also nearly balfa mile. A person
might ,have come across from the high mud to the
n•
The body was of a blueish coleus. How
long it had lain he could not judge. The prisoner
made no resistance; but immediately surrendered.
lite-examined—The spot where the body was found'
could be seen from the.prisoner's house. The earth
had the appearance of not having been moved for a
week or ten days. Mrs. Hatay was between 40 and
50 years of ages a small figure.—James James cor-
subosated the testimony of last witness.
Aline Evans sat op with the deceased, with Mar-
garet Go& on the night stated by her; the lived
with her father in a cottage opposite to Vat of the
deceased s on Palm Sunday morning she heard tome
scolding in die goisonees boast,. Ira beard no Tice

bot that of the deieased—she eaiiej tit ivilnesi- ht.%
tween two and three o9cloctee to' go to entre!) With
her ; witness noticed her Rowe, bonnet; and that,' $
should know these things if sh- saw them etre' ; ;he
often saw the clothes of the deceased; And kilter her
te WCe three bonnets, eight gowns. eight petticoats;
and Other articles—the deceased called witness to
chew het the shawl she wore on the day in question,
when she bought it; she had another sheet, which
was now in Court; witness Was looking at her clothes
in the house, before the body was brought home $
the deceased always kept the key of 'her trunk; in
which she kept her clothes, in her own possession a
she never would let the -prisoner have it ; tilii 147
was found la the pi itoneos4nx ; witness found in the
Louse all the gown, she_ lead ever seen with the de-
ceased, as well as the elrewl she had been weetinron
Palm Sunday $ the latter was folded up in eie bee
of the prisoner, with a silk handkerchief e eeh she
had worn to church. Witness missed nothee, wept
a flannel petticoat and a blanket. witness iteew that
deceased slept without sheets ; wit-- • anew that the
deceased did-not sleep with her . • sound; witness
examined the floor of the room in which the deceased
usually slept when she slept with her huseaed r she
observed several spots of blood—one very I urge vet.
;which appeared to have been wiped ; there WAS trough
of the colour remaining, how. ver, to convinc te r that
it was blood—this was about a feet from the end of
the bed ; there was blood in two et the - elects
beside : there was a spot about the site ~1 A pea,
near the bed's head, upon the wall: there was also is
spot aud a bit of a sire tk again.' the uoor-p tt arid
wall, about a lout from the ground. That deor was
close at the head of the :talks. It was p!4in blood.
There was also a bloody place on the stairs, about
halt way down, that appeared to have been wiped.
The wail was white•wesned, aud the w-sli seemed to
have been rubbed utf. Saw the prisoner hanging out
some clothes to dry on the Tues lay alter the disep-
pear:vice of the deceased. The shoes which the de-
ceased wore to church were under the bed 1 and ell
the clothes which witness had e'er seen her wear were
Sound in the house. 'l'he marks of blood were fresln
Martha Evans lived with her father at the Buck-
bolt at the time alluded to I was well acquainted wi!h
the deceased previous to the prisoeer coming home;
heard the deceased give the prisoner e greet scelding
on the morning of Palm Saneey ; rieard no other
voice but her's ; sew her at six o'clock tt.e sane even-
ing going for a pitehet of water ; she was then diessed
AS she had seen her going to church in the afternocre
with the exception of hoc shawl. Saw her agaio. the
10th of April last, dead: ‘Vitness examined the
house, mod found all the clothes she hal ever seen
her wear, and especially there which she he I seen her
wear on Pains Sunday—her b .nnets as well as 110 r
shawls. Wieress ex .mined the ticking of tee bed In
the inner reom ; it was very damp down the side,
and rather redder .There the dempness w,e: than else.
where ; it appeared to have been spunged ever.--
There was a shirt on the bed in the outer roor.!. the
sleeves wild bieom were very damp i ti ee wee teeod
u; the gusset under the arm ; the brenru and sleeice
I ed been ww...hed, and there were still marks of Hotel
visible 3 the gusset had not been washed. Examined
the room tee next morisilig by day-hget, and saw
stains of blood on the wall, near the head of the bed,
in the outer room. There were no tureens to the
bed: on the posts of the banister, going down stairs,
see saw the marks of three bloody fingers.
Mr. Fairfax Moresby was formerly a Captain i%
the Navy. On the day the deceased was found, he
went to the cottage of the prisoner, add made some
vicernination-. He ntuined the in 7 t morning, and
renewed his observatiens. In the first chanitei he
SAW venous marks; only one was decisive. It was
about three feet burn the foot of the bed : it seat
about the eiraunlerence of a sixpence, with several
s eallerepleshes About it ; that he was of opteion was
bleed. There were other marks much larger. Off
the wall, g- ing up, there was one very vivid mark
of blood, about the size of a pea. It was a small
spot of coegealed blood, and had not been there
above twenty-four hems. The whole of that fete of'
the wall bad clearly been whitewashed, and this spec
seemed to have been cast there by accident. On the
doer posts were streak: of blood. tie should say o*
going into the house chat it had the appearance of a'
mop dipped in blood having been dragged along.__
The Nee was MI3CI3.VOALieII on by people who hal
gone tie the night beeire. Saw a shirr, the ileevea
arid breast of stlicli had he..n washed. There were
stains un both sleeves and bosom. Sew a piece of
rug that was :hewn to him. The marks of blood
near the middle ed the room had apparently been
there same days.
Me, ler:inter, and John Jones, serieant of mare to
the corporation of Monmouth, gave shelter evidence.
Richard Price produced a shirt, which he saw
picked up by John Ruben. in the prisoner's bed room .
on the 10th of April. He also produced the piece of
rug already described, a cap, and some cotton stock-
ings. These he received itns W. Combs, the beadle.
He also had a gown, a shawl, a bonnet, and a pair
,of shoes, which he saw taken Item the prisorer's
house ; aud a piece of ticking which Mr. L irimer
cut from the bed.

William Combs was at the prisoner's house do the
Friday, and found a pair of voickings in a hot along
with some damp-lint n. These stockings he pie the
last witness. When he saw them, the lower part
of the leg alone was damp. There were spots ,on
those stock Ines.
Mr. Lorimer, Ann Evans, and other witnesses, on
ciamining the articles, said they were the smite which
they had described in their testimony.
Mr. Moresby looked at the shirt; it teas the save*
he saw on the bed sit was stained both on the sleevit
and bosom.
Mr. Prosier, a surgeon, proved that the wound OA
the head was sufficient to produce death.
The case for the prosecution.twas here closes!.
Mr. Justice PARK pow lolled the prisoner what he
had to say in his &fence ?
He put in a written paper, which was tead. k
was evidently written by the bitorney of the prisoner.
'lt had the prisoner's mark to it, -and was witnessed
by the gaoler.
Mr. Justice PARK, in summing up the evidence,
direeted the attention of the Jury to the ccoodUct of
the prisoner when he was apprehended; instead of
exhibning those leeliogs of h,,rror, which ihe disco-
very that was mat's to him. tot the first is e, might
bave been expected to excite, he seemed anxiousakine
to assert his own irnoccace ; acd to advert to tb:cirt

'quirks which be had been previously making rc-
ipecting the. deceased, and which lie now seemed to
think would overate conclusive testimony that he
could not ha• e bet n the murderer.
Th. Jury, a,ter a few minutes' consultation, re-
turned a viodict of—Guilty.
Mr. J istiee Pans immediately proceeded to pass
the dreadful sentence of the law ih the must awful
and impressive manrer, expressing b!s approbation
of the verdict of the Jury, which he said was most
righicons, as no person who had heard the long and
painful inquiry in which they had been engaged
could eluvial!' a doubt of the prisoner's guilt.—
The pri.o.ter was ordercdp be executed on Monday
(yesterday).
Thriaightint the pathetic' a'nd impressive address
of the Jo,fge, he remained unmoved, except by an
inclination ut his head.
Tae Duke of BeAt:vans. and Lnrd SOMERSET *ere
upon the ben:-.1), and the Court throughout was
crowded to cxecss.--The trial lasted from eight in
the morning until lour in the afternoon.
The prisoner, it appears, during the 14 years be
was absent froir, his wife, was a hammer in Worm-
tirshire and Herefordshire, and had amassed upwards
of /ISM which he had placed in the Worcester
in On name of James Harris, which led to his being
indicted in this name. The remainder of his property
was worth about MOO more, which he assigned, pre.
'ions to his trial, to his brother, his sister, and his
son, a young man of good character, about twenty
years of age. He was extremely avaricious, and it is
supposed his avarice induced him to preserve those
evidences of his guilt which were found in his house.
Had they been destroyed, his guilt would not have
been io apparent.

NORTHUMBERLAND ASSIZES, AUGUST IS.
(*harks Smith was indicted and put on his trial for
the wilful murder of Charlet Stuart, on the 14th of
December last, in a certain pottery in the •icinity of
Newcastle. The prisoner, at the time of the mur-
der, was employed as a labourer in the mantilictory.
The deceased was an assistant to a Sheriff's Officer.

The case was opened by Mr. RICHAUPSUN ; and
the circumatances, as they appeared in evidence, were
as follow :

The tint witness called was a little girl of the name
of Broker, who stated merely,. that as she was pass-
ing the manufactury, on the•moreing of the sth De-
cember, the door was weft: and she immediately
gave information of the ctrpumstance to some persons
concerned in the manufactory.
George Wilkinson, foreman to the manufactory,
stated, that an.execution Mad been put in the manu-
factory, and several articles sold, and the money
locked up in the counting-house of the manufactory;
and Charles Stuart, the deceased, an old man, was
Lit in possession, and slept on the premises. About
sae o'clock on the morning of the sth, the witness
was alarmed with an account that the manufactory
bad beer. broke open and robbed. He found the doer
open, and on entering tote warehouse, he observed a
considerable quantity of blood on the floor; he then
went into the room where Stuart was, and on the
steps leading to it saw the furnace poker. On enter-
ing the room, he observed the deceased sitting in a
Chair in his shirt, with the marks of blood on each
side of his bead. There was blood on the floor of
Oat T.KIM. The desks were broke open, and the
papers strewed about the Boor, and the money gone.
In consequence of what he heard, be went for a con-
stable, and proceeded with him to the house of the
prisoner, who was at that base a labourer in the ma-
nufactory. The prisoner was an Irishman. They
rotted the prisoner in bed ; and having mentioned
to him that the manotactoey had been robbed, and
§wart very dangerously wounded, the witneuobserv-
usitens thrust something under the bed. The constable
immediately looked far it, and found that it was a
boot with blood on the top of it. The constable, on
examining the prisoner's stockings, found blood upon
them. They also found a stick with blood upon it.
They took the prisoner with the boot, stockings, and
stick to the manufactory ; and there the deceased
charged the prisoner with having wounded him, and
basing committed the robbery. giving as a reason,
that he knew it was the prisoner by his Irish accent.
he prisoner denied it. On being questioned as to
hut, it happened that hie boot and "stockings were
stained with blood? the prisoner answered, that be
had been killing a his, and that the blood had run
down upon his boot and stockings. Being asked
Mow it wan the stick was bloody he answered, that
it was the stick with which he had felled the hen.
The witness, on his cross.examination, said that he
had lai4 down the poker exactly in the place where
be found it lying on entering the manufactory,
tV'hen he came to the place again, the poker was ant
there, but had beeti put in its proper place by some
other person than the prisoner, who was then in cus-
tody. He could riot say that the outer door had
been locked on the night of the nth; but it was bolted
on the inside, and he observed that the bolt had been
a good deal bent. The marks on the door and on
the desk corresponded with the poker, as if that bad
been the instrument with which they were broke open.
He knew that the prisoner was an Irishman by his
accent, but be could not undertake to say whether
there were any other Irishmen employed in the ma-
nufactory. When they went to the prisoner's house,
he said that he bad gone to bed the night before at
a quarter before nine o'clock.
Charlton, a constable, stated, that on the morning
of the sth of December, he had gone to the prisoner's
house, as stated by the last witness; that. he found
blood upon the boot, stockings, and stick, which the-
prisoner accounted for, by his killing a hen: He
took the prisoner to the manufactory, where the do.
ceased accused him of having knocked him down,
and wounded him, nod committed the robbery, gin
ipg as his reason that be knew him by his frith as
• Stuart at the time thought himself dying;
and be, in fact, died a few days after. The stick,
stcl_dv, and boot, weregiven to one Allen, another
Mica, die other minstabk produced the boot,
allatkiegge and stick sad laid; the, Were in the same
state as when be received them, except that the masks
of the blood bad become apse biog. He bad pat a
cloth, with which the blood had been wiped holm the
deceased, into the boa; but denied, on his CMS.'
osamination, that the blood on the outside of the boot
Led lien dropped from the cloth.
'two witnesses were produced, who stated, the
Ilk that be bad secu Smola; the friaoPes• and

otter man larking ^out the marufactory,some 11Pme
atter nine o'clock on the night cf the 4th December.
The 'other? that he had seen the prisoner thereabouts ,
at eleven o'clock the same night. A witness also'
deposed, that he heard the door of the mtnufactory
opened between eleven and twelve o'ckck : and ar:'
ether witness deposed, that on passing the manufac-
tory at abort twelve fetlock, he heard a noise of
talking within, and that one of the persons spoke with
the Irish accent.

Johnson, a labourer in the manufactory, stated,
that a day or two before the robbery and murder,
the prisoner had made particular inquiry for the fur-
nace pdker. Whether that was with a view to use it
for the purposes of the fire he could not say. There
had keen two other Irishmen. labourers in the manu-
factory, a shot t time previous to the robbery and
murder. and they of course must have been well ac-
quainted with the premises.
Mr. Foster, a surgeon, stated, that he had been
called to attend the deceased. The stun was frac-
tured on both sides of the head. He performed the
operation of trepanning ; but the wounds were mor-
tal. They appeared to have been given with an iron
bar or a heavy stick. Hehad no doubt but they
were the cause of Stuart's death. Stuart accused
the prisoner, whom he knew. as he said, by his ac-
cent. The witness would hardly trust such a decla-
ration, if made by a person immediately after being
knocked down in the dark; but if he knew the voice
before. he might recollect it, after having recovered
from the stunning effects of the blows.
Chief Baron RICH AKM observed to the Jury, that
the only direct evidence against the prisoner was the 'I
declaration of the deceased, who did not pretend to
have seen the prisoner, but formed his judgment only
from the voice and accent. If, however, they were
quite satisfied, upon the evidence, that the prisoner
was the guilty person, then they would find him
guilty but it they thought that rather too hazardous
on this evidence, then they would acquit the prisoner.
The Jury retired for about half an hoar, and on
their return gave their verdict—Guilty.
The Judge, after a suitable address, passed sen-
tence of death on the prisoner.—The prisoner pro-
tested that he was innocent.
SOMERSET ASSIZES.

THOMAS WOODIORDIL JUN. S.SQ. O. LIMIT. JAL MART.
This was a writ of inquiry before a Special Jury,
to assess damages for a most violent assodt com-
mitted upon the person of the plaintiff by the de-
fendant, be (the defendant) having suffered judg-
ment to go by default.
the Counsel for the . plaintiff were, Mr. Serjeant
Pau. Mr. TUCKSTT. and Mr. C. F. WILLIAMS; and
foe the defendant, Mr. GAULS; Mr. Csabtan, and
41r. Moons.

Mr. WILLIAM having stated the declaration, Mr.
Serjeant Pita. opened the case to the Jury, from
which it appeared, that the plaintiff is a bachelor, and
a member of poe of the first families in the west of
England; and alter a residence of many years in In-
dia, where he bad filled judicial .and other high situs.
dorm, he returned to Taunton, where he bad resided
for several years. The defendant is a Lieutenant in
the Navy, and the son of Colonel Vibart, residing in
the neighbourhood of Taunton. The Learned Ser.
jeant proceeded to state the circumstances of the as.
sank, as set oat upon the record ; and as the nature
of the case might be better collected from the evi-
dence than by the statement, we shall enter into the
substance of it, without inserting the Learned Ser.
jeant's comments thereon.
Thomas Randall proved, that in April last, shortly
after the Assizes, about nine o'clock at night, he saw
the defendant standing near Mr. Woodforde's house.
A Castleman asked him it he was waiting toe any
thing ? He replied, he was wilting for Mr. Wood-
ford*. The Gentleman asked him if he must see
him that eight ? and be replied. that be must, add-
ing, I'll be cunt to bell if I won't be the death
of bins."

Cromexamined.—Witnets was a shoe-maker ; it
was not dark on the night in question.
Ruth Pursy,*retint tothaphtiotiffs stated that on
Saturday ev the 19th of April, shortly after
nine o'clock, the defendant came to her master's
house, and knocked violently with a stick at her
master's door ; be asked witness if Mr. Weodforde
was at home f Witness sold him that he was nut ;
and defendant told witness to tell him he would call.
again in an hour. In about ten minutes he called
again and asked. for Mr. Woodforde, but witness
told him be was not at home ; but oa witness return-
ing to go into the kitchen, her master, who bad come
from the jack part of the house, said, 44 Here I am,
I thought I heard my name mentioned." He then
went towards the door, and the defendant put his
hand upon his shoulders, and said, I want to
speak'a word with you." Witness left them. Her
master came in at eleven o'clock, covered with blood.
Neat morning witness saw a large pool of blood un-
der the window. Her muter wore his arm in a sling
for a week afterwards.

John Fitch proved, that between nine and ten
o'clock on the night in question, he was passing Mr.
Woodforde's house, and saw him upon his bands
and hams t the Wendel* was standing over him
with a stick in his hand, and just as the plaintiff was
[getting •p, the defendant wielded his bludgeon over
his head, and said, " Curse your soul, you scoun-
drel, get up." When plaintiff got up, defendant
struck at him, but he received the blow on his arm.
Plaintiff asked him what he meant to do—it he meant
to murder him ? To which the defendant replied,
" You rascal, I will tell yon what I will dv for you
by and bye."

Sarah ;nut confirmed part of the preceding testi-
mony.
Willinen Hale proved that the defendant beat the
plaintiff down High.streer. to Hunt's-court. and ad-
ded, that plaintiff-told the defeadant be was a mw_
darer. and an assassin ; and that be brought the
bludgeon to his house with an intention to murder
him. Defendant said he brought it to give him a
drubbing.
Other MibleSill were called to prove the facts. and
.they were severally crosaintamined. but no particular
fact was elicited in extenuation of the Defendant's
conduct.

Mr. Gasman now addresses himself to the Jmy is
mitigaties sit damages. He did not stand there as a
lawyer. to justify that assault, bat they wise to eon.
eider who bad AM Vitiated the wounded feelings,
and who bad attempted to destroy the honour and
hoppiossi of a what 1;104. Who bad au:l4W to

stain the reputation of a married eroMmio and destroy
the happiness of the house ? He was sorry to say.
that Mr. Woodforde was the man reported to h.ve
done all this: that he propagated a retort calculated
to effect all he had described in a mo,t resptctible
family. To substantiate this, he should be. able t.,
prove that Mr. Woodfoide used the fallowing ex-
pressions in the hearing of several persons in a pub
lie coffee-room, in the town of Taunton :—" It is
well known that Master Vibart, Don Whiskerandos,
has been seen coming out of the house of
(I hope my friends will not think it necessary to
bring the name of the lady in question.)
Mr. Serjeant Paia.t.-4Ve have no desire to use it,
if it can be be avoided.

Mr. GAME! continued-1i Between three aid four
o'clock in the morning"—This the Learned Counsel
admitted would be an awkward expression to prove ;
but Mr. Woodlorde must have known that it was
impossible it could be long before it would come to
Mr. Vihanti ears. Acting on that impression, and
that only, viz. that Mr. Woodlorde had been tra-
ducing the character of a respectable Lady by such
an insidious expression, and also involving his (Mr.
Vibart's) name, he went to him for the purpose ot
demanding an explanation, and goaded on by wounded
feelings. and a little irritability, he waited until the
blow was given, which became the subject Di the
present enquly. Perhaps the Gentlemen of the Jury
would have acted otherwise, but they must recollect
that he was a young man and an &ricer, and Oil
would make some allowance for irritated feelings,'
and the infirmity of human nature. With regard to
his property, all they were justified in supposing was,
that he was on the balf-pay of a Lieutenant in the
Navy.
Mr. James Billet, a surgeon, was now called for
the defendant, who stated that at that time, before
the 19th of April, be was at Savage's reading-room
at Taunton; Mr. Woodlorde was there, and four,
five, or six other gentlemen. Their conversation was
respecting a Lady. Mr. Woodforde asked witness
if he had held that something was likely to take
place respecting the Lady (Mrs. G.--) ? Wit-
ness told him he had heard nothing of it. Mr. Wood.
forde expressed his surprise and said, “It is well
known that. Master Vibart, Don Whiskerandos, has
been seen coming out of the house between three and
four o'clock in the morning." It was spoken loud
enough for the other persons to have heard.
Cross.examined.—.Witness did not know that the
defendant had had a legacy of 02,000 left him lately.
He believed he lived with his father.
Mr. John Clitsone remembered when the transac-
tion between plaintiff and defendant took place ; when
he first saw them they were standing still, both bran-
dishing sticks, and using very abusive language to-
wards each other.—Vibart said to Woodforde, 44 You
will acknowledge that you struck me." And Vahan
said to witness, You heard Mr. Woodford, say he
struck me first." Sometimes one went first, and
I sometimes the other. Woodforde told witness not to
follow, as he wished to terminate the quarrel. Mr.
Woodforde told witneu be had received a severe
wound from Mr. Vibart. Mr. Woodforde Was called
a coward by Mr. Vibart, who said he had challenged
a clergyman, who could not receive the challenge. A
great deal of abusive language passed on bosh"sides.
Mr. Woodforde said that Mr. Vibart was a midnight
assassin.

'l'h Assessor summed up. and the Jury at nearly
twelve o'clock at night found a verdict fur the plain•
Damages—Ono Hundred Pounds.

SURREY ASSIZES, CROYDON, Auousr 16.

CaOWN EAIt...—THE ICING W. NARK lIATFIRLD.
This was a case of a very singular complexion,
being an information against the defendant, for !me-
in K;ng's stores in his possession, marked with the
broad R. The defendant is a brazier, a man of con-
siderable property, and respectable character, carry-
ing on an extensive business at Woolwich.
lt appeared in evidence that he had sent 4001 b. or
500 lb weight of metal, consisting of lead, copper,
sheathing, bolts, nails, &c. by the common errand-
cart, to be conveyed from Woolwich to London.
The cart was stopped, and a seizure made by the
Thames Police Officers of the whole of the metal,
which was found to contain a portion of the value of
one pound eight shillings which contained the King's
mark, and that mark also appearing to be defaced,
the whole was immediately conveyed to the Thames
Police Office.
Mr. Thomas Smith stated, that he was overseer of
the Jesticia hulk at Deptford, and that he sold these
identical articles to the Defendant by order of Mr.
Capper, of the Secretary of State's office, in writing,
such being tinder the authority of the Secretary of
State. He then produced the original documeiits
purporting to be signed by Mr. Capper, the sub-
stance of which was an authority issuing from the
Secretary of State's office, empowering him (Smith)
expressly to sell to him. the defendant, Mask Hat-
field by name, the stores in question, and which he
accordingly sold to him in July last; and producing
his book, which he made up quarterly to be laid
before the Secretary of State, distinctly showed that
an entry was made by his clerk of the sale to•Hat-
fteld of the Government stores in question. •On
cross-examination. witness said he made a memoran-
dum of the.transaction in pencil at the time, and
which eir.ss copied into the-book immediately after-
wards; and he was quite positive the entry was made
at the time, and was sa comet entry, as was aljothers
contained in that book.

The Jury, without hesitation, pronounced a ver-
dict of—Acquittal.

Dutc.—A duel took place near Killarney last
week. between a Mr. LawLett and a Mr. Dumas,
which pro►ed bloodless. The parties had previously
been served with a Judge's injunction not to fight,
but they paid no attention to it ; in consequence of
which the Judge (Baron Siam) has fined Mr.
tut 41000, and it is supposed Mr. Dumas has been
fined to the same amount.

' Cstavume Cosmic,. Ssur.—A letter from a Gen-
tleman wbo sailed in the vessel from Cork, dated et
sea the 26th of May last, in lat. S 6. 46. South, long.
18. states, that the convicts attempted s• veral times
to effect a rising In the ship, but were always put
down by force, and each time were fired on, by which
12 were killed or died of their 'wounds, and also three
of the crew who joined the mutineers. One man only
belonging to the ship was lust by accident, from
musket shot, and but one seaman died of sickness on
the passage.