Star.
London, England, 1821-12-04 00:00:00

DISTURBANCES IN IRELAND.

• In a recent nnmher of The Reporter, we stated the
murder of a man of the name of JEREMIAH Scumx,
near Kanturk. An Inquest has since been taken
betUre Mr. 013ftztsw, one of the County Coroners,
when the Jury returned the following verdict—,,That
the said Jeremiah Scully was 'On:My taken out of
the house of Owen Daly, at Chnigeel, in the said
County, on the morning of Tuesday, the' oth Novem-
ber, by an armed party of men, aid we find that the
said Jeremiah Scully came by his death in conse-
quence of several gun-shot and other wounds, received
by the hands of some person or pet sons unknown,
one of which shots entered close to the tight temple,
and passed out at the back of the dezerseds head.
And we further find that the body of the deceased
was found on tle higl road near the said Daly 's
hon. e, and much burned on the lelt side, extending
from the knees to the navel."

We have read the depositions taken upon this In-
quest ; but as their publication may tend to place the
lives of the persons who gave them in jeopardy, we
abstain from stating more than the result.—Dub/ix
' Evening Must.
A notice has been addressed to the brother of the
unfortunate SHEA, who perished with his family and
the inmates of his humble dwelling by the hands of
midnight incendiaries, requiring him to abandon the
possession of some lands held under circumstances

somewhat similar to those which excited the horrid
vengeance of his brother's murderers. Whether he
is in a situation to resist this arbitrary and cruel man-
date, which annexes the penalty of death to a in.
compliance, we are not sufficiently informed.—Kil-
kenny Paper.

PREROGATIVE COURT, DECEMBER 9.

THE WILL OP LORD AIRKWALL, DECEASED.

A testamentary paper, purporting to be the last
will of the late Lord Viscount Kirkwall, was pro-
pounded by Lady Dowager Kirkwall, as next of kin.
of the deceased, and executrix therein named. The
Court decided, that the will in question, as appeared
in evidence, was regularly drawn in the usual form,
and signed by the testator himself, the same being in
his own hand-writing, executed in presence of his
Lordship's Solicitor and three attesting witnesses ;
likewise a codicil, in like manner drawn and duly
executed. This instrument being complete in all re-
quisites that the law required, the Court therefore
pronounced for the validity of the will and codicils;
which, it appeased, had been opposed by Lady Kirk.
wail, widow of the deceased : between whom and hila
late Lordship, it will be recollected, a suit of divorce
had been long pending in the Consistory Conic.
Mr. Jas.'s:Ea, Proctor, on behalf of Mr,. Henri,
who, it: appears, is now resident in France (and be-
tween whom and her husband, it is understood, a suit
of divorce, on the ground of adultery, is nowt ending
in the Fiends Courts), applied to appear by proxy,
and to administer to the will of a relation in this
country, deceased, by which she claims, as a legatee,
property to the amount of C6OOO.
Dr. Swages, submitted, that the party in this case
could not sue out letters of administration, being un-
der coverture, unless it could be made appear, either
by the death of her husband that she hau be:ome a
forme sok, that her busba -d had been banished, or
otherwise his having given her a general po,,er of
attorney to act for him, du; ing his absei.ce abroad.
This doctrine had been htld uniformly in the Piero-
} ative Court, in the case of Elizabeth Wilmot, afintme
coveite, applying for letters of administration, dui ing
the tile-titre os her husband, as 'in thi • rase; aild the
Court decided, that unless under the before-men-
tioned requisites, she could not be permitted to sue
out letters of administration, by posy or otherwise.
Sir J. Nicnot. decided, that these was a material
distinction between that and this case. The party,
in this case, sued not 'upon what belonged to the
husband, but to her, the wife, who was to be benefited;
and as such, entitled to administration. L► this caw,
the husband was allowed to be represented by his
wife; and she being a married woman, in now admi-
. nistering, instead of the husband, she ffered to be re-
sponsible, by giving security for the due performance
of the trusts. Under those circumstances, the Court
permitted Mrs. Henri to sue out letters of adminis-
tration, with the will annexed; giving security to the
amount of the bona mobile, includiag costs.

Sunday night, between ten and eleven o'clock, about
sixty male convicts we►e removed trt.m Netvgate to
Woolwich, in a large waggon provided for the pur-
pose. When the waggon came into Biackttiars-road,
it was stopped by a gang of fellows, many of them
armed with sticks; and it being apprehended that a
rescue was intended, the Dragoons who escorted the
waggon immediately rode up in front of it with their
drawn swords, and soon made these fellows retreat.
The latter then said, they only intended to make pre-
sents to. some of the convicts, who were their friends.

This morning, at half-past six, forty-four female
convicts were removed from Newgate, under a proper
escort, in hackney-coaches, conveyed to the Dundee
Arms, Wapping, and forwarded in a Gravesend boat,
to the receiving-ship, lying at the Noce, preparatory
to their being sent to New South Wales. Their beha-
viour, from their quitting Newgate to the time of
embarking, was quite exemplary ; many of them are
banished for life i amongst them the notorious Bit;
Soatues' wife, together with Jitney Steele, the young
woman who was ordered for execution on Tuesday
last.—Caduran's wife still remains in Newgate.
Last week, as a man of the name of Grose, a ser-
vant in the employ of the Rev. Mr. FooxEs, in the
parish of St. Cleer, in Cornwall, was attempting to
drive a boar into his sty, the savage animal turned
upon him, and lacerated him so sevr.rely in the back,
that he died in ten minutes.
The recent storms have been productive of much
mischief among the growing tinther in the western
parts of Sussex. At West Stoke, firs and ash tree ,
of considerable girth, that were tii oily rooted, were
clapped off at ten or twelve feet from the gioune,
while others in looser soils v.ere torn up, and sou e
blown a great distance. At Nyton Park, twenty-one
elms were blown down, one of hich, a tree (d great
magnitude, displace 3 such a quantity of earth with
its roots, that a waggonload would not fill the ape,.
tune. A violent gale from the S.W. drove the ss a
over the beach into Felpham Levels, and the catty
were driven off with great difficulty.

LONDON SESSIONS.

Yesterday, these Sessions were opened before the
• 'light Hon. the LORD MAYOR, the Sheriffs, &c.
The COMMON SERJRANT, in charging the Grand
'fry, congratulated them on the comparatively small
number of prisoners for trial at the present Sessions. ,
Amongst other matters which he recommended to'
the notice of the Jury, he mentioned the vehicles,
called Vans," which might be seen daily passing
through the streets, loaded to a frightful height, to.
-the imminent danger of his Majesty's subjects.—
iiibould any complaints respecting them be made, he
recommended that they should mark them with their
particular notice, as they were, undoubtedly, com-
mon nuisances which ought to be repressed. One
man bad recently lost his life by an accident which
occurred in consequence of the heavy loading of the
vehicle, and it was surprising that more accidents

had not taken place.
CHARGE OF ASSAULT AGAINST A SOLDIER.
William Blythe, a corporal in the 2d Regiment of
Foot Guards, was tried upon an indictment, charging
him with having assaulted Robert Langdale, with a
Musket, on which was fixed a bayonet,_ and also with
baying threatened his life, /cc.
llr. COOPER stated the case for the prosecution,
nearly to the same effect as it was afterwards given
in evidence. The question at issue was, whether Ci.l
tizens had or had not a right to walk peaceably on
the f of-path, secure from the violence or the assault
of armed men ? The jealousy of military authority
was imbibed by Englishmen almost with. their mo-
thers' milk ; and he hoped that the verdict of the Jury,
which he anticipated would be with him, and the sen-
tence which the Court would feel it their duty to pass,
would tend to teach the military that they should
not turn those arms which were placed in their hands
fir the protection of the citizen, who paid them their
wages, against him with impunity. Soldiers were
mere passive instruments (as Mr. Pultney had ob-
served in his speech against Standing Armies). If
one of them, he said, were ordered to seize his father
and drag him out of the House of Commons, he
must do it. The Commander was the person respon-
sible, and therefore Mr. Langdale, who had himself
been in the Army, instead of remonstrating with the
soldier who had first assaulted him, applied to the
leader, who, instead of giving him satisfaction, also
assaulted him, and threatened his life. If such out-
rages were sanctioned, or suffered to pass with im-
punity, every one who valued liberty ought to take
his departure to a land where his person and privi-
leges would be better secured.
The prosecutor, Mr. Robert Langdale, stated, that
on the 17th of September last, he was passing through
the City, going down Ludgate-hill towards Fleet-
street, when he was on the curb of the pavement, and
was pushed off; after which some one said, in a pe-
remptory tone, " Get out of the way." On turning
round, he saw some soldiers coming the same way.
The witness immediately exclaimed, " What the d—l
do you mean by that? I doubt whether you have
any right to walk on the pavement at all, and cer-
tainly not to push me off." The soldier to whom he
addressed himself told him to go and be d—d. The
witness went and spoke to the corporal; telling him
what had happened, and that he had no right what-
ever to march his men along the pavement with fixed'
bayonets. The corporal told him to go and be d—d.
The witness then demanded his name, or the name
of the Regiment: when the corporal exclaimed—.
" What! I)—n your blood, if you don't get out of
my way I'll run you through with my bayonet." At
the same moment he took his musket from his shoul-
der and lowered the point. The witness started back,
or, he swore, lie verily believed the defendant would
have run him through.
On his cross-examination by Mr. Anotintrs, the
witness stated, that about six.years ago he had been
is the Militia, and was now a special pleader. He
swore that he had not taken hold of the corporal's
arm, but might have touched him, or tapped him on
the ack to draw his attention. The bayonet was
lowered, but not so low as his body, as he started
back. He did not go before the Lord Mayor fer
three weeks after.
A man named Talbot corroborated the statement
made by the prosecutor, and said that the bayonet was
lowered in a direction to the body of the prosecutor.
Mr. Anot.raus, in addressing the Jury in behalf
of the defendant, said he felt perfectly satisfied of
their relying on the facts presented to them, without
their being in the slightest degree influenced by any
empty, frivolous, or inapplicable declamation. With-
out talking of his mother's milk, or quoting any piece
of frothy declamation of Mr. Pultney, he would say,
that he had studied diligently the records of his coun-
try, and had learned from that source that the estates
of the kingdom were so happily blended by the Con-
stitution; as never to be able to act without one inte-
rest, one design, and with one object, and that it was
not possible that one part could, from jealousy, bring
the soldiery to act against another part of the com-
munity, even to parricide. He had learned, too,
from the same source, that since the extinction of the
feudal, system, it was never known that the civil
powers had been subjected by the military, except
when factious demagogues destroyed the institutions
of the country. In Cromwell's time, soldiers lived in
every man's house, violated every man's wife, and
stole every man's property, in the name of contribu-
tions. This state, which was enjoyed only under the
Commonwealth, was what was called liberty. From
the accession of Charles 11. to the present period,
this never had happened, nor never could happen
again, unless factious demagogues gained the sway
they were endeavouring to obtain, and which they'
formerly exercised. Whilst each order of society
was retained in its proper situation, it never could]
happen that the civil rights of any could be reduced
by either military or mob. The Learned Gentleman
then commented on the evidence adduced, and oil
the manner in which it was given, with much force.
The military had a right to march in the street, and
there was none who would not endure the momen.
testy inconvenience of their passing. Was it to be
expected that the soldiers should march in the middle
of the road, exposed to be broken and driven abotit
by the carriages? After sonic further observations
to a similar effect, he concluded by calling four of
the soldiers who were of the party, and who all swore
that they were marching in single files. There were
nine besides the corporal. As they were going dowa
Ludgate-hill, they all swore they saw the prosecutor

go between the second man find the corporal, and
that he took hold by one hand of the arm of the cor-
poral which supported the musket, and seized the
piece with the other, in a manner which obliged the
corporal to turn round, and with his other hand to
take hold of the piece to prevent its falling.. They
all swore that the corporal had not used the language
imputed to him. The leading man swore he bad
merely touched the prosecutor on the back, saying,
" by your leave," as he was near treading on his heels.-
This, he said, was the only ground on which the de-,
fendant had to complain to the corporal.
Mr. COOPER commented on the evidence, which he
declared to be improbable. Those who knew the
soldiery would be well aware of the unanimity which
was to be found amongst men of the same corps and
of the same mess. He asked what motive could the
prosecutor have but that of public justice, or of ob-
taining reparation for the injury and insult which he
had sustained? Would a Gentleman of respectabi-
lity come forward to perjure himself for the sake of
shewing off as the defender of rights or privileges, as
the Learned Gentleman had repTesented? Or, at all
events, was it likely that the perfectly indifferent wit-
ness should perjure himselifor such an object?
The Commit; SERJEANT, in summing up the evi-
dence, said, that the soldiers certainly had no right
to push a foot-passenger off the pavement, and any
one who did so undoubtedly committed an assault.
He commented on-the manner in which the case had
been brought forward, and in which the testimony
had been given by the prosecutor, and submitted that '
the weight of testimony lay with the defendant.
The Jug immediately returned a verdict,NotGaiity.
The Commanding Officer of the Regiment, who
was present, said the prisoner had always borne an
excellent character for propriety of conduct.
The COMMON SERJEANT said it was the opinion of
himself and the Court that he had acted with the
greatest propriety and coolness. The Learned Gen-
tleman said, that bad the misconduct been on the
part of the soldier, the Court would certainly have
• punished him in a most severe and exemplary manner.