Star.
London, England, 1827-09-03 00:00:00

' 7..
. .
ellingh to diseerii the felllsfes oia etas's coantiritatice. tint gets-
don is now sot at rest, foe b) the two law the breaking and entering
any dwelliog home and stealing thsesoutairoperty of the antallest
value, whether by night or by day. is a capital offence. Ao abo the
dints:edemas to whether any Imo it Within the dwelling home, and
property to the amount of shillings it stole* Is done away With;
and the poor cottager who is obliged to babe his home fur the pur-
pose of attending his work is protected. With regard, also, to the
crime of stealing in a dwelling house, formerly stealing to the atootent
of 40s. thereout was a capital offence. That woillse law lay so Ace
piseed at a period when money was of a greaser value than It is at
present • and in order that the law shookd now be propordemed to
the intrinsic valet of property to crentitute a capital teem*, the
property stolen mast io value amount to five posted*. I am am
aware that any further observation is required from me relating
to these mew laws as respects the offences in the present calendar.
I must, however, remark, that•there is a commitment early in the
calendar where the prisoner is charged with breaking and entering
into i dwelling•house with the intent to steal, no pomp , being
therein. That is not an offence within the meaning of the mew Act
to which I have alluded, because it was committed before the new
Act tools clcc' ' • and you 'will observe that all offroces com-
mitted by to the lad boor of the last day of June are not edible
the meanies 41 that Act, which only Came into operation on the
first .day at July law. I have no doubt some bills will be
presented to you under the old law, and some under the Dew,
which will therefore require your attention to this Ont. as it
seems to me that the Gentleman who made out the' commitment
in that ease • conceived it to be a felony .to break and enter
a dwelling-house in the daytime. with intentictiteel, no person
being therein, before the first of July, when in fact it was only
an indictable misdemeanor. I observe that ;bore is a rase of
nisos/aughter, which I think will deserve you 'meet serious
attratioo, from what I have been able to colleez' It Is scarcely
possible to know how that will turn out, g there rail be geme dif-
ficulty in ascertaining the real cause of the death. The mispaeltiso
is, that the prisoner choked the deceased,wito wet a constable, in an
attempt to extricate himself from him in being apprehended. If the
prisoner had hdlacted that injury with any weapott or implement
which would (*oder it probable that death might ensue, and he was
aware of the fact at the time, beyond all doubt that would be 'murder,
and the boundaries between manslaughter said murder are err
tacitly very fine. Hoviever, if there is a doubt, you will, of coarse,
.vrith the natural feelings of Englishmen, take the,most lesion
view of.the case, and give the prisoner the Penchi of that doubt.
There ate Welt cuss which j am sorry to have to mention, and
which I .shall speak of merely lenerally, as I should be sorry to
oilehtl the feelings of any one. I anode tts cases affecting female
chastity. You are aware, Phave no doubt, tbstwhere any indul-
grace of that description is taken with a girl under tea years of age,
COMM on her part is unatailing. -therefore; you are astiabod
that two things necessary tocimstitute the offence have taken place,
and that the countlion was completed, although there may have
been nothing like resistance or disinclination en the part of the gtri,.
pm must hod the bill tor the capital offence. But on kOking at the
dermitionst I think you will find that the charge cannot be mos.
Dialled tithe fullest extent ; and therefore yam should be of opi.
nines that the offence c. old not hate beett eitotammialitel, it will hr
only a misdemeanor, and it wilf be better tit hive a bill prepared for
the assault.

• Gentletr.en of the Grand Jury for the City of Glotscester,-1
have read wish attention the depositions relat.ng to *Eructs
within your jurisdiction, and am happy to observe that there
will not be more than three bills of indictment to come before
you tut (Settees committed in this city. One inf them. it cer-
tainly a must scrims offence,--I allude to the indicttnent uhder
Lord lilletiborough's Act, as Act •which has by some been
described as written in ferrets of 61.0 d. It cuutaius a provision
which applies to the present case. That if any person shalt
wilfully stab or cut sup of his Majesty[ subjects, be, MI
aidets or abettors, shall be guilty of a capita. Gleam But
that enactment is restrained by, a proviso, Out Ankle in Care
death ensued it would aostAint to murder,it is oat,.. capital offence.
It therelore becomes necessary to mien* whether there are circum-
stances manifesting a malignity and deliberation of • purpose
winch would have made the woutut, anmaittto snurSter is the
eye of the law. On looking at those Mpositioiia,..l have found
that both the parties are very young, and the wound. was
given let f scalite at a game at marbles; mid ahbongft there
seems to have been some revocation it will be for ye. -us
say, whether the wound was 'taxied :meter. such circumstances,
and. in Abe heat of blood, which would reduce the offence
ttoo the crime of. manslaughter if create had fallnwed. 11 you'
think the wound would nut, iandet tlie clicuinstahrist cit the case,
have constituted murder in case of deith, yds. will dltect e bill to
be prepared fur the misdemeanor, that the ofimadier may set escape
that punishment Which will be in the diicretiso o the Cirtret-,
Gentlemen of the till Jury for the CONIIIRY to And Gru.Nettrti
of the G.cisud Jury City,—These are, 1 Believe., all the
derWridtifts necessary to be °tried tvty.a, tsl flit as nay mind
softest*. 1 bays aiessidy bad practical *seedling- of ille:ma*,
her an Which post duties: aye. exatsw...d in Ibis enemy and .c4in
and L. tirrthert feelcoolldrilat ashen roli:;y:s to Your rtsgtec-
,4flnigite. you .gull[ la to such a ir is wlll ensure
the t I tit juitice ' kyber bigotries- ithMt`fiat,Vatiostr,
ar fhb, as the fikifalliestdfibi. bithittOitt die ialbrintion al
whirls is now entrusted Sorrow ware. • ; v.., •
Mary Ana Merlin wastodieted,ebatlidd with having
feloniously
,hr iken open the .dwelling house of Btrah
Whitehead, at Ittifitir men,. and stolen thereout 275. in
shilling. and sispentes, 11 dollaii, and a key, the pro-
perty of Sarah Whitehead... •
Mr. insane; conducted She case for the prosecution.
The prosecutrix stated, that on the 13th of June last
she weut to Tetbuty mai Set, having, preciously locked
theouter'doar of her hoirie, and deposited the key in
an out house, which she also locked, and concealed the
key of. She bad two keys to the outer door 01 her house
one which hung up behind the door, and the miry which
she had used in securing it as described. When she left,
home the money named in the indictment was sate in her
box up stairs. When :lie teturned she„fonnd tire key
of her door in the out house where.sk left it ; but on
entering the house she found the key she lad left behind
the door gone, and all her money except two dollars.
Hester Whiting stated, that in consequence, of some
suspicirn, she made some ii quities or lite prisoner
reipeeting the robbery. She asked the .ptisoner •whether
it was her husband or
,herself that had, committed it
At last the prisoner told her that her, husband had made
her do it, telling her that unless she did, he would kill her.
Mr. Baron VAUGHAN—At present there is no evi•
dente to affect the prisoner, as it is clear she had acted
under the contioul of her husband. . .
Mr. JUSTICE was not desirous of pressing the MO, es
he was instructed that there was some maim' to believe
what therisosser had saiJ, and -the husband had ab •
sconded.

• The Jury then, under
.the directing of the Learned
Judge, aoputed the pirsoner.
She imperilled it the bar with a foe sprightly child
about-a yiar old in her aims; and, although not send
1021dirg.'tiom the petuhatity of. the cent excited consi-
! ddratile interest. . - •

MT. Baron VA RC H A I.l.llol,llcrially children have you?
Prieonet—th.ly this one, my Lord.
Mr. Baron VA oGIJAIII..mHOW long have you beta
gnat tied ?

ktisioner—Six months, my Laid.

lIE 8D0241 A DAtlti

Tins Dat—Conjunction of lil,rcury and Mars tee tour after
midnight.—Mars rises at 36 min. pan three In the incoming, Ind
Mercury about the same time, travriaing t►e lad deg. of Leo.—
Barcholunie* Fair proclaimed..
610119 min. pail five; sets 40 Min. past
The Moon rises at 4d min. past three in afternoon.
Wine hoar—Fop Moon 36 min. past two in the afterimou.
• blercury.—in Perdulio.
TrittaaaarSet your watch one mitt. 35 we. faster than the time
&hewn by the sin-dial at noon.
Faroar—Tbe last remarkably high tide of the year will occur at
balfpast three in the afternoon.—lfatirebasf it Bishop of °demi,
Who died about the year 409; was famous for Mitotic miracles.
Samanar—Nadvlty of the Virgin Maty.—Day decreased three
hears 30 min. and is of the same leugth maw 6th of April.

Philip 11. of Spain, the consort of oar Queen Mary,
gave, as a reason for not eating fish, el They are," said be,
" nothing but element congealed, or a jelly of water."