Star.
London, England, 1827-04-26 00:00:00

HERTFORD QUARTER SESSIONS, Amu. 23.

WILLIAM CLARKSON, lISQ. V. THII PARINI OPTIMA
Or BA Lpods.
This was an appeal against a poor rate of Baldock,
entered last Michaelmas Sessions, and respited to the
Epiphany, when the Court recommended a reference.
OA Monday the referee delivered in his report, which
stated several omissions of property; also that there
were others which he did not thint he had power to
enter upon the value, as the respondents conceived
they formed part of the rate; but the appellant con-
tended they did not, which, if a comparative value had
been made, would have ascertained; in addition to
which, it was in no way referred to by description in
the rate, as is required by the decision of " Bea v.
the Undertakers of the Aire and Calder Navigation,
E. 594, B. and C. 713," and was pressed to be done byj
the appellant at the time of receiving evidence, and the
allegations of the parties, but it was objected to by the
respondents, and the referee did not think be had
power. The Court, however, thought otherwise, and
'proposed to refer it back to the referee to amend his
report, but the great delay and expense attending such
proceedings determined the appellant to proceed, and
he took objections to the validity of the rate, on accoant
:of there being no annual value stated, on which the
rate was made, which proved fatal, and the Court
'quashed the rate, with a recommendation for an equal
one to be made; it also appeared that the appellant had
taken mach pains to procure an equal rate without re•
course to the Sessions.

CIRCUIT INTELLIGENCE.
ABERDEEN, Amu. 17.
This day the Circuit Court of Justiciary was opened
here by the Right Hon. the LORDJusries CLaex, and
Lord MiKanzte ; and, after the preliminary forms,
Proceeded to the trial of Robert Simpson, or Smart, alias
John Daman, and Ann IJarrant, or Brown, ors two
charges of housebreakig# and theft, or resetting articles
stolen. They pleaded Guilty to the reset, but denied
the housebreaking and theft. The Jury returned a ver-
dict finding them Guilty in terms of their own confes-
sion ; whereupon the Lona Juarzcz CLERIC, after a
very suitable address, concurred in the motion of Lord
M.K struts, that they should be transported for 14 years,
and sentence was passed accordingly.
Adam mock, charged with several acts of theft, ag-
gravated by being habit and repute a common thief,
pleaded Guilty to tour of the charges as libelled. He
was sentenced to be transported for 14 years.
George Varnett, or Burnet, and Joseph Kean, charged
with theft, aggravated by
,housebreaking, and being
habit and repute common thieves. Burnett pleaded
Guilty to the theft as libelled, and to being habit and
repute a thief, and Kean pleaded Guilty to the theft, but
not the housebreaking. Burnett was sentenced to be
transported for 14 years, and Kean for seven years.
William Deans, accused of theft, aggravated by shop-
breaking, and by being habit and repute a common
thief, pleaded Guilty to the theft, but not to the aggta
vations libelled. He was sentenced to transportation for
14 years.
The nest case was that of John Webster, manager,
sad Omani Johnston, &man, of a quarry at Rub's-
law, is this neighbourhood, accused of culpable homi-
cide. They pleaded Not Guilty. It appeared in evi-
deuce, that the pannels having been employed on Friday,
the rad September last, in blasting stones, a splinter
Mew off, and being thrown towards the turnpike road,
a distance of about SOO yards, fell on the head of Wm.
&Ow% a farmer, who was passing on the road at the
time, seated on his cart, along with his wife, and killed
him on the spot. The. public Prosecutor adsioced esti.
deuce to shew the practice in these quarries of g, ;wing
warning to paseeegeth by blowing a horn, isc. before

,exploding the rock ; bat whisk, In the present case, did'
not appear to have bees properly observed. The Jury
brought in a verdict of Guilty, but strongly recom-
mended the pannels to the leniency of the Court.
The LORD Junto' Cr.ele, in a very suitable address,
enforced the obligation that lay on all parsons similarly
employed, to use every possible precaution to prevent
accidents to passengers; at the same time remarking
upon the very culpable negligence displayed by the
pannels In the case before the court. He was followed
by Lord M•Yetama, who took the same view of the case,
and concluded by.sentencing the panoels to two months'
Imprisonment in the gaol of Aberdeen.
Eden Simpson and E./spat Jack, charged witb having,
in the month of February last. taken from the person
of a man of the name of Taylor, in a house in East
North Street, cash and bills to a considerable amount,
pleaded Guilty, and were sentenced to 18 months im-
prisonmeat in Bridewell.
David Milne, accused of forgery, was, outlawed for
not appearing.
James Paton, charged with robbery or theftoad with
being habit and repute a thief, was found Guilty, and
sentenced to transportation for life.
Alexander Laing, charged with robbery and assault.
in having, in November last, taken from the person of
Francis Edmond, cartwright, his watch, itc. pleaded
Guilty. Pannel's counsel urged in his defence, that be
was in a state of intoxication at the time; that be had
not been loag in Aberdeen ; that others had a greater
share in the crime than he; and that this was the only
crime known against him. Sentence, fourteen years
transportation.
George M'Coes, accused of two sepirate arts of theft
in Aboyne and Old Machar, pleaded Guilty to the se-
cond, and the Advocate Depute departing from the
first, pannel was sentenced to transportation for 7 years.
John James Allan IVelson,John Low, and David Wal-
ker, were charged with several acts of theft, reset of
theft, and of being habit and repute thieves. The pri•
soners pleaded as follows :—Nelson Guilty as libelled;
Low Guilty of theft, but not of the aggravation; and
Walker Guilty of having the property ire his possession,
but not knowing it to be stolen. The Court said this
was the same as a plea of Not Guilty, and the pannel
adhering to his qualified plea, the diet was deserted
against him until to-morrow at ten o'clock ; and the two
former pannels were found Guilty in terms of their own
confession, and sentenced, Nelson to 14 years, and Low
to 7 years transportation.
Alexander Inglis. charged with deforcement and as-
sault of an Excise Officer, near Huntly, pleaded Guilty
of the deforcement, but not the assault, from which the
Public Prosecutor having passed, Inglis was sentenced
to two months imprisonment.
WEDNESDAY, APRIL 18.—William Clark was COO-
victed of uttering forged notes, and sentenced to tran-
sportation for 14 years.
•
Alexander Gault!, from the parish of Glass, was in-
dicted both at common law and under a late statute,
extending (what is called " Lord Ellenborough's Act',
to Scotland, and snaking " the malicious wounding of
any person, with intent to murder or m.im," or do any
great bodily injury, a capital crime. And the chargel
speciSed that, on a certain day in January last, the pan-
nel had maliciously and wickedly fired a gun, loaded
with ball, whereby George Gauld was shot through the
body and arm, and most seriously and dangerously
wounded.

The pannel pleaded Guilty, " as will be explained by
my Counsel."
Mr. Gonnom stated, that the pannel had directed him
to explain that he admitted having " ras'3ly, and incon-
siderately, and unlawfully" fired the shot whereby
Alexander Gauld was wounded; but that it was un-
fortunately and not mialiciensly done—done in a moment
of festivity, and tv the injury of his own near relation
and best friend—withaut a tingle shade of evil in-
tention.

The LORD JUSTICE Cuuttt—" Mr. G ,rdon, we can-
not take this. You 'oust plead absolutely Guilty or
Not Guilty."
Mr. GORDON" My Lord, the plea I offer has been
sren and approved by the Counsel for the Crown. I
cannot make my client admit or deny more than he
inclines."

LORD JUSTICE CLERK...." We, the• Court, cannot
receive it. Lord Mackenzie agrees with me; you must
know well that the proper p:ea at this stage is simply
Guilty or Not Guilty."
Mr. GORDON—" Then, my Lord, I retract all admis-
sions. 1 desire to go to trial, and 1 stand upon my
defence. I p'ead the general issue, Not Guilty."
LORD Jesztca CLERK—" That will do; and you will
observe, that the prosecutor stands upon his capital
charge, the statute."
Mr: _ I am aware of that, and quite ready
to meet it."

A Jury being sworn, five or six witnesses were eza-
mined for the Crown, from the evidence of all of whom
it appeared that, a set of young men had met on Old
New War's Day, according to ancient custom, to hold
a shooting match for prizes; that after the shooting was
over they repaired to a public-house, and had liquor
and card-playing; that when the party broke up, some
of shim went out with-their guns, and others stopt for
a little; that there were some shots (as sf for a parting
salute) fired by the two sets reciprocally, accompanied
with hazzaing ; that some of them seemed to under.
stand this as if one of the parties wished to triumph
over the other ; and that in the course of this mutual
salutation one loaded gun was fired, evidently by the
prisoner, and that by this shot George Gould, his cousin,
(whom be could not have seen, from distance and dark-
new) wits wounded very dangerously, as Dr. M'Cole
1 explained in a moat distinct surgical testimony.
Two of the witnesses were of most importance.
Robson, after detailing the facts, was cross-ex•
amined—you bad been drinking?—" Yes." What?
'punch or raw spirits ?-64 Raw spirits." How much ?
" I cann:.t say.' Guess?—"l cannot tell." Two glasses
a-piece I'se warrant that." Four?—_" I would nae
say." Biz 2—" I canna name the number." Ten
" I reallrcannot tell how much." Was you drunk or
sober?..." Rearty," (and in a lower voice)" some foe."
But all in good humour on the part of the prisoner 1—
" All ; never an angry look or word, that I saw or
heard from him." Is he a good-natured kindly disposed
lad, or the contrary ?—" I have known him long, and
seen him often, but never saw anything but good to
bins; very good-natured."
George Gault( (the wounded lad) delivered a candid
and interesting testimony, iu the very best style 9f
good hearteduess._

Crowexamined—Have you known the prisonetiong
—O4 Always since I ken't myself."
Have you lived on good terms with him?—"" Never
ism angry word between.us."
He is your cousin?—" He iv." And friend ?-4.

—Do you thiak be is a lad likely to attempt to mur-
der you?-.N Oh, no, I dinoa think that."
LORD JUSTICE CLIREO--Or to do you a great bodily
injury No, no, I dinna think he meant it;
not intend it."

The roof for the Crown having been condeded,
the 'pa ner-s Counsel declined to call witnesses; and
the d laration of the panoel having begen to.beread,
MO. Dwm*a rose and said, that to proceed further
on the statute was out of the question here; he gave it
op entirely. And he was compelled in candour to say.
that he must give up the case even at common law, as
a Learned Friend of his had just pointed out a blunder
in the indictment (on that branch of it), certain wards
of the major proposition having been omitted. That
though this had escaped his own notice, the notice of
his brother opposite, and even of the Court, he could
not conscientiously ask a verdict on an erroneous libel.
LOUD Jurrice CLERK—The Jury oast return a ver-
dict —The best way will be to find alma proven."
Mr. GoßDON—that will do--perfectly,well.
The Jury found 4, not proven; and the LORD Jun
TICE Ctaas dismissed the prisoner. with a very posvelful
admonition, advising him to regulate his intuit con-
duct, by acting up to the high character he had re-
ceived, and by avoiding all intemperance, and especially
all rash and incautious use of fire arms, under any cir-

whatever.

Counsel for the pannel, JAMES GORDON, Esq.
John Canna' and James Strathan were charged with
reset of theft. The Jury ',turned a verdict of Not
Guilty in the case of Stractian, and Connal Guiky is
terms of his confession. LORD Alarms CLaak, after
dismissing Stiachan from the bar, sentenced Connal to
sic months imprisonment.

John MacCenzie, accused of culpable homicide, is
having on the 30th Deeemberlast, in a house at New.
hills, and during a scuff!! between him and some other
person, knocked down a woman, whereby she was so
moth bruised, and otherwise injured in her person, that
from the effects thereof she died on the 17th of Jsnuary
following. The pannel pleaded Guilty to the charges
as libelled. Sentence, nine months' imprisonment.
David Walker, charged with re.et of theft, and of
being habit and repute a thief. The panel pleaded
Guilty to teset of part of the articles libelled, knowing
them to be stolen. Sentence, nine months imprisonment.
William Den, accused of the crin.e of hamesucken, in
having, at three different times, entered the house.of
Jane Bruce, servant, of Mr. Walker, farmer, near Old-
ineldrum, and then beating and otherwise abusing the
said Jane Bruce to the danger of her life. The pannel
pleaded Not Guilty. The Counsel fur the pannel took
an objection to the relevancy of the indictment, as
being incompetent to charge the crime of hamesucken
against the pannel, and therefore claimed an acquittal.
The Court sustained the objection, but re committed
the pannel on a new warrant.
Tutntsoax, Aram 19.--Hugh Langmuir, sen. ma-
riner. Shiprow. Aberdeen, accused of murder, pleaded
Guilty of culpable homicide, and was sentenced to be
imprisoned for the period of nine months.
James Davidson. merchant, Auchinblae, accused of,
deforcing a messenger at arms, residing at Stonehaven.l
Alter a short trial, the Jury found a verdict of Not
and he was dismissed irons the Bar.
Alexander Brucedun. Brace, Alexander Lost.
or Lyle, jun. and Alexander Angus, accused of assaulting
James Hastie, to the effusion of blood and to the danger
of life. They all pleaded Nut Guilty.
After the examination of several witnesses, the Jury
having retired for alittle, found the pannels Alexander;
Bruce and William Bruce, Guilty cf the assault as li-
belled, and found the p,tnnel Alexander Lyle Grill,.
art and part. in the said assault, and found the indict.
ment Nut Proven as to Alexander Angus.
Alexander Bruce was sentenced to transportation for
►even years; William Bruce confinectin Bridewell for
ei_fiteen months; and Lyle confinement in the same
place for nine months. For the pannels, C. Neaves, Esq.
The JUDGES having gone through the criminal busi-
ness, heard two appal cases, which finished their pro-
ceedings here.