Star.
London, England, 1828-08-13 00:00:00

INVERNESS.

A labouring man, of the name of James Macpherson
a sawyer, aped 34, expired hereon Sunday morning, in
consequence of excessive drinking on the previous even-
ing. Macpherson, his brother, and another preacin were
walking neat-vie Chapel-yard, when they were accosted
by a fourth person, who asked Sherri to adjourn to a
public h•buse to drink; they accoritingly wept to
Hector Mackintosh's, at the Shiite, and orderei a
gill of whisky and a bottle of small beer. While
the Macphersons were thinking this. moderate allow-
ance, the man oho had offered to treat them te-
tired to the other end of the house, and ordered a
bottle of porter and a mutchkin of whisky. These he
mixed together in a decanter, and showily afterwards
ordered the militate to be brought into the room by the
servant girl. That they might not discover the trick, be
took up the remainder of the gill of whiskyos hich was in
a glass on the tahle,and poured it into the decanter b. f u e
them : believing that there was no mote spin its in the por-
ter than this small portion, the men drank off the bottle
in a few minutes, and in this way .three bottles of po ter
and three inutchkins of whisky were speedily emptied.
They entered the house at ball past six o'clock, and by
eight they had drunk the whole; the imams part was
taken by the deceased, and its effects were in bis case
greatly aggravated by his having taker% little or no food
during the day, and being at the time much f rtigued by
his day' lay our. The fellow who had played off this wan-
ton unjustifiable trick. took care to drink little or none of
ttie delete, iorls mixture himself, and the third person was
also cautions; The two Macphersons, however, having
indulged freely, were rendered completely insensible. On
leaving the house. one fell-down at the door. and was
put to bed ; the deceased staggered a short distance up
the shore, but soon fell, and was taken to Fergus Mac-
donalses public-house; there he lay about six hours,
wholly speechless, when Fe expired.. An investigation
into ee case was made by the Procurator Fiscal, when Dr.
Forbes, who attended Macpherson previous to his de-
cease, deposed that his death was occasioned by indulging
WI the deleterious mixture desci ibed, it a time v hen his
system was rendered mote sir-ceptible than usual by
fatigue and privation of ((sod. The servant girl of the
public house substantiated what we have already stated
as to the quantity and quality of the drink. A man
from Lochend narrowly escaped a similar fate on Wed-
nesday lalt. by swallowing a large dose of whisky.
from the effects of which he was rescued by the timely
administration of vinegar—a good specific, we believe,
in clues of this description.
.
i . • •
5M EDWARD CODRINOToII.—Me have been assured
from a quarter. where-great reliance may; be placed,
that Sir EDWARD'. fettleg to. this country was the con-
sequence of a resignation. tendered. from isb own free
will, and not a compulsory act of the. Government.
When Silt Joust Gotta was sent out to MAlte to obtain
from Sir EDWARD all the .partitolars relative
,to the
' battle at Navarin, which appeared to the Ministers ne-
cessary to be laid befoce..Plaliament,SireErawann felt
hurt at a proceeding which he could not look upon in
any other light than as implying doubts on the pi opt let,
of his conduct on that occasion.. Conscious of having,
tilled adoty prescribed to him by. the spnit of hi. in:
:tractions, Sir EDWARD thoughthecould no longer con-
tinue a command an which great responsibility was
made to rest on himself ; and, subsequently to.the return
of Sir JOHN GOR 11, he determined to teniain inactive
until he learned the fate of a dispatch. he had ad.
dressed to the. HIGH ADAHRAL •nti the subject. The
laces Speech at the opening f Parliament reached
him,, however, before the answer from Vie Admiralty,
and the equivocal approbat on. bestowed-on his conduct
by some of the expressions in that speech, determined
him at once to to odor his resiratiou. His.resolution
to ;assign being expressed in positive terms, his successor
was appointed, and he gave
:up the command on the
arrival of;-Sir PtiLTINKT MALCAN.H.—Tiases.
KitIDA L.—The Invincible, enacts had journeyed
about a mile from Bur ton.in•Kendid, on its road to
this town, when it was struck: by lightning. Oor
informant, one of the passengers, describes the scene
as most awful—the thunder• the loudest he ever
heard. He was sitting on the. hind part of the
coed:. opposite to * Lady, whom he had desired
the moment previous to this visitation to drop her um-
brella (probably the object ofattraction). On recovering
skim the shock, which threw him floisa,his seat. the
first tint that presented itadlito his view wPs the Lady
hanging backwards,. 13sr, countenance livid, wiihout
the appearance.ot animation, and her bonnet, cap,
gown; &c. bet nt, and the trentsr Ara shivered to atoms. On
examination the flesh :was -found to be literally torn
from both'her'thrghs, ond,,she was conveyed back to
Bolton, without sup ho,res of recovery. Her name is
Harmer, and ebe.hasi been only recently monied. By
this calainitrus etilation Mr. Webster. of the Cons-
menial lon, in ;fits town, his lo.t three 'tau able horses,
I the two wheel hoeses and the off-side leader, tit the value
of about 701. The dtiver and guard. etcaptd unhurt. i

CORN-EXCHANGE, MARK-LANE, Anson IS. .
Our arrival 0(411 descriptions of Grain bas been very small since
Monday, yet scarcely a sale has been effected this ameralog, Ewing
to the favourable change in dip weather, the cenouners kin va-
nillin to purchase, unless a very great akeration occurs, taw may
injure the onstanding craps; therefore,' prides are nondeally as
ea Monday foe Wheat, 801, and Oats. Intirtatkiis ohm on.
Iday —LISS ire. Wheat; WO qra. Oftley ; 3,190 gm Oats, and
I 2,400 seeks of Flour. . .

;- '.4

LAW INTELLIGENCE.
VICE CHANCELLOR'S COURT, Atraust
IMPORTANT JUDOIIIINT.—EM PANTE ROSINSON, IN THE

MATTER Of ?REIM A SANICUUTT.
The VICA-CRASCILLOR gave judgment in this case,
which was argued yesterday at very great length ; it
was a petition prevented by the assignee of the bankrupt
(Frere), to stsbuitute another deht in the place of the
present petitioning credit 'r under the commission, who it
was now discovered had himself been twice a bank,upt,
and the,question was, whether under the 127th section of
the late Bankrupt Act he was not disqualified from prose-
cuting anvproceeding. at law? that sect enacts, " that any
person having been a bankrupt,or t r ken the benefit of the
Insolvent Debtors' pct twice, and the last time not pay-
ing 154. in the pound, if afterwards be shall obtain any
property or estates, they shall be vested in his assignee•,
in the same manner as if he had been possessed of them
at the time of issuing the commission, and that his cer-
tifjcat.• shall only protect his person from arrest." His
Honour thought the section in this case clearly applied.
The petitioning creditor had twice been a bankrupt, and
had not paid the last time 15s. in the pound; and al-
though he had since obtained property, it was clear if
did not belong to him, hut, by opervion of law, was
vested in hi. assignees, fir the benefit of the creditors
generally. The petitioning creditor's debt, therefore,
was bad, and the Couit would direct another debt to be
cOstituted, in order that the commission might be pro-
ceeded with agreeable to the prayer of the petition.

ASSIZE INTELLIGENCE.

ROHE CTRCUIT—SIAIDSTONS, Amen 11.
CROWN NM

James Rogers, paper-maker at Poplar, and Jobs liar.
ford, harness-m.4er there, were indicted for stealing a
mortar, value 401. the property of his Majesty. at Wool-
wich. on the night of the 29th, or morning cf the 30th
of May last.
Mr. A.DOLPRITS (with whom was Mr. LAW) stated the
case for the prosecution. The mortar in question was
kept at a part of the Arsenal, which is on the Essex
tilde of the river Thames, but that place was in the
' parish of Woolwich, and the county of Kent, and, there-
fore, the venue was well laid in the county of Kent.
The mortar was seen safe at the Arsenal on the evening
of the 29th of May, and was missed on the morning of
the 30th, and the Deputy Storekeeper observed the
tracks of a cart's wheels at the place, and traced them,
along the road to Eastham on the way to London. The
proper inquiries were made along the road, and the re-'
suk was, the discovery of the evi,rence which would now
be produced, from which it would appear that the pri-
soners were the persons who stole the mortar. On the
evening of the 28th, or morning of the 29th of May, the
prisoners applied to a person of the name of Callow, an
ironfoubder at Gravel-lane, for permission to send a gun
into his yard for the purpose of being melted down,
to which Callow replied, that he could have no ob-
jection, provided it WAS honestly come by, and the
prisoner Harford then said that all was right. On
the evening of the 29th, .the prisoners hired a spring
_cart from a person of the notne of Draper, residing in
Worcester-street, Old Gravel-lane; this was about eight
o'clock. Draper had some hesitation in letting thorn
.have the cart, as his horse had
.been at work during the
day, and was fatigued; but. p!isoper Rogers said
that he only wanted it to go to Bermondsey to cart y
back some light,goods, not above two hundred tod a
Ihilf 'in weight; and that he would give Draper five
shillings fors the use of it,' and 'net keep it more then
two hours and a half. ' Upon this 'Draper let them
have the cart, and they drove away with it on the
toad to Poplar. in the cart the prisoners 'took along
with them three !Ong scafolding poles, and two short
ones, the object of which obviously was toenable them
to raise the mortar into the cart. With this cart and
poles, the prisoners and a third person were seen passing
by Eastham, about ten o'clock, and by the Blackwell
toll, on the road to the place where the mortar was, on
- the same night; and about one and two of the morning
of the 30th they were seen on the road, on their return
to London, with some very heavy article in the cart,
but without the poles, which, after having answered
their purpose, were thrown away near the arsenal, whine
they were afterwards found. The persons who observed
them, were a boy who opened the toll-gate for them,
and a person who was.sitting up all night in the church-
yard of Eastham, watching tire grave of a recently de-
ceased brother. At a quarter before eve o'clock, on
• the morning of the 90th, the prisoners came to Cal-
low's gate, which was opened, and the cart was taken
into the yard, where the mortar was deposited, and the
prisoner Buford went away home with the horse and
cart. Rogers then, with the assistance of some of Callow's
men, 'kindled afire about the gun—an operation which
Was necessary Wore it could be broken up. On the
same day 'the moiler was brdken iv, and the pieces
dilated and cast into ingots, the weight of which was
*boa eight hundred and a half. Draper did not get
beck his hot-se and cart till eight o'clock on morning
tat fhe 90th. sor4 then hefound that the cart had been
maierially darnitryd, and some parts of it broken, as
mien naturally lave isern .expected when it was em-
TlOyed, upon an object of such disproportionate weight:
as 'this heavy mortar, which, hefne it was melted,•
weighed ten huudred woight. Rogers offered the metal.
•for'irde to a Mr. M. Glessfoid, a dealer in the article ;•
and showed 'him a specimen, which Glassford put. i4v),
the bards of a Lambeth-street police officer, with dire*.
Omuta make inquiries, as he suspected that these was
something wrong, and the loss of the mortar having been
Made public. the-prisoners were taken-into custody.
William Jones, Esq. tic Deputy .Storekeeper of the
Arsenal at Woolwich, proved the loss of the mortar;
and answiit' to questions from Mr. TH wawa& and
Mr. CLA DIMON, for the prisoners, said, that he con-1
videreti•that portion of„the arsenal where the mortari
Was, to be in the county of Kent, and it was in the.
palish of Woolwich.
Samuel Watson, Esq. a Magistrate, said, that Ire had
eterched Magisterial jurisdiction in the place, as being
part of the county of Kent.
MeVirs;THRSINOCR and CLARKSON contended, that
this was not sufficient so prove that the place was in
the cranny of Kent, fir it might be in the parish of
Woolwich, and atilt 'not be in tie county of Kent, and
the proceedings of the Magistrates might be an usur-
pation. The prime facie certainly was, that it was in
the county of Kent.
Mr. Baron GARRoW thought that there was enough
ea show that the place was ire the county of Kent, unless
something beyond bare presumption should be shown
Oti the other side.
VI trial'then proceeded, and theicase, as stated by
WABOLIrawa, was made out several witnesses.
..410 onsuceesiful attempt was made on the part of
ilbillorti *strove an alibi; and Rogers said that he had
1R ,,tithe gun from a Felton of the oar& of. Myers,
MOW aybndi. Wen 'after, a commission of bankruptcy
badassopd. iied *hi had abac9ode3 on account of a
toagery ofa hill of exchange, and he had. eridestvou-ed
to keep thefact of Ills having the Sl3ort.r a secret, as he

was afraid of its being takes from him by the assignces.l
Some witnesses gave the prisoner a good character.
Mr. Baron GARROW summed up the Avidence, and
the Jury without hesitation found the pri•oners
Sentence_Trsrspo•tatiou for seven years.
NORFOLK CIRCUITuoust•
This morning the Assizes for the County of Norfolk
comm. nci d at the Shire Hall, before Fir. Justice Hot..
ROYD, in the Criminal Court; and the Lotto CHla'
BARON At Nisi Prius. There were nearly atty prison-
ers to he tried for diffeicnt offences, and about linty
Venires were entered.
intliant Eaton was indicted for killing and slaying
Charles Webster, in a pugilistic contest, on Sunday
evening, the 25d of March last, in the parish of Stock-
ton, in this county.

The prisoner and the deceased were both young men
about W years of age ; they were drinking on the even-
ing of Sunday, the 23d of March, at a public house at
Stockton, the sign of the Black Boy, and they were
both inebriated. A quarrel arose, and they agreed to
fight. They stripped and fought about five rounds in
front of the house, when Webster fell, and was carried
in an insensible state into the houses where he expired
almost instantly. A medical gentleman, named Dash-
wood, was of opinion the death if the deceased was
caused by a sudden blow on an extended stomach. Two
witnesses gave the prisoner a good character for being
quiet and inoffensive.
The Jury returned a verdict of Not Guilty.
Before the LOUD DUX, &ROW.
JAY V. IBUSY.

This was an action to recover damages of the de-
fendant for an assault upon.the plaintiff. The plaintiff
and defendant were rival coal-merchants at Yarmouth;
Mr. Sergeant &maks* for the former, and Mr. KELLY
for the latter. It appeared that the plaintiff and de-
fendant were both on the quay at Yarmouth at the
time the assault was committed, and the defendant
accused
.the plaintiff of having told a wherrym an that he
was in the habit of selling coals fraudulently, under a
false name and qeality. The plaintiff said it was false
that he ever had done so. The defendant said the
plaintiff was a lying old scoundrel, and, having clenched
his fists, struck the plaintiff with his tight hand on the
left ear, and gave him several blows. on the stomach.
The plaintiff retreated to avoid the infliction of other
blows, and asked the defendant what he meant by tfte
violent outrage which he had committed? and the de.
fendant swore that he would knock the plaintiff's cursed
old head off.

Several witnesses were called and proved the above
facts.

For the defence, Mr. KELLY called a witness, who
deposed that the plaintiff, previous to the assault being
-committed. called the defendant " a cursed liar."
In ctoss•examination he said there had been previously
flying (high) words. The last blow was a retty hard one.
Mr. Sergeant STORICES addressed the Jury in reply.
He said two blacks could not make one white," and that
though "two of a trade could not agree,' yet the de-
fendant ought to pay for hi. outrageous violence corn
mitted upon the plaintiff; as the assault was unprovoked.
The Jury returned a verdict for the plaintiff—Da-
mages Twenty-five Pounds.

D IE, DEM. SIR HENRY PIITTON, BART. V. VAIIASM7R.
This was an action of ejectment, which occupied a
considerable portion tithe public time.
The Coussal. far the defendant addressed the Jury
at great length, and said. his client had a good case—
that his father had purchased the property on question,
but the title deeds were not forthcoming here, and he
should call no witnesses.

The LORD CHIRP BARON said, that the only question
was, had the defendant pt.ved his ease?
He had called no witnesses, and the Jury, under the
ditecti,:n of his Lordship, gave a verdict for the plaintiff.

• LONG v. PRLSTON.
This was an action brought by the Rev. Mr. Long
against the Rev. Mr. Preston, to recover the value of a
horse which the defendant had sold to him, and had war-
ranted as sound and fit for carriage work. The bone,
upon being tiled in a carriage on the second day attar
sale, was found to be lame in the fore feet, and unfit for
work, and was sent back by the plaintiff to the-defen-
dant, who did not at firit object to receive vie horse, and
directed him to be pot into the stable; nor did he send
back the purchase money. Some time afterwards,
Mr. Preston sent the horse back again. and the plain•
tiff refused to receive Item ; and the defendant sub-
sequently endeavoured to sell the hone at a fair at a
lower price than be bad sold it to Mr. Long, but
without :access. It was endeavoured to be shown
that up to the present time the defendant had used !
the horse in his own work, but the evidence only'
proved that his groontlad been seen to ride upon•him.
The plaintiff and defandantorsho reside in Norwich, and
are Clergymen of the Church of England, did not enter
into any contract in visiting respecting the horse ; but it
was contended that the defendant, having received back
the horse, and ordered him to be taken into the stable
as unfit fur carriage work, was presumptive evidence of
• the warranty laid in the declaration. On the other side,
it was alleged that Mr. Preston, having had the horse
for a long period, he did not think it humane to turn
the animal into the streets, as he might have legally
, done. One df the witnesses elicited a loud burst of

laughter, by saying, on being *died if he was a vete-
ritury surgeon, ' No ; I am a farrier of the old scho,)l."
The Jury returned a verdict fur the plaintiff—Da.
mages3.sl. the sum for which the horse was sold.

IllgiftßFOßD, Auoun 9.
Cii.OWN Suit—Before Mr. Baran VAUGHAN.

Elijah Fautine r, aged fourteen, was indicted o*tte•
Coroner's inquisition, charged with feloniously killing
and slaying John Manwasing, aged nine years, by
drowning bins in a certain pool of water in the parish
of Aymestree.
Mr. Davis,..in stating the case for the prosecution,
detailed the facts wobsequently given in evidence, from
which it appeared that the prisoner and the deceased
were play-fellows, and with several more of their com-
panions had gone to bathe together. Having stripped
off their clothes and got into the water, the prisoner
began •playing with the deceased, and pulled him under
water. Shortly after his companions became alarmed'
at the deceased not rising, and the water being very
shallow, they lifted him up, carried him out, and laid
him on the bank. The water ran out of his mouth, but
they did not think of his being dead till they found he
did not move or answer when they called Him. They
then ran away, leaving the body on the bank rf the pool.
One of the witnesses riding by discovered it these, and
having aseeitained that life was extinct, gave an alarm,
which led to the discovery of the way in which this un-
fortunate accident occurred. There was no evidence
offered of any malice or misunderstanding between the
prisoner and the deceased. The only witness to the oc-
currence was a little boy. seven years old, who was
bathing with the prisoner and deceased, and assisted to
carry the body out of the water.
The Jury, under the direction of the Learned Judge,
immediately acquitted the prisoner, who was consider.
ably affected hy the situation in which Is sus placed,
and the detail of the circumstances.

Mary Phipps wesinditted,charged oith attempting
to pick the pocket of Thos. Mere4ith, at Hereford races.
Mr. Potilti.L conducted the prosecution, Mr. Jus
rice t! e defence.

Thomas Meredith, the prosecutor, said, that he wen!
to the Hereford races, and while he was in a booth Ile
heard acry of a fight going to take place. Hearing it
was a neghbour of his going to fight, the witness ran
out to see it, and when he grt to whete they were at-
tempting to make a ring, and was leaning forward to
catch a glimpse of his'butty, he felt a ham' in his
breeches t °Act Witness immediately seized it, and
fluid it was the prisoner's. The prisoner, however,l
wrested his hand away from him and ran off; the wit-1
ness calliog out to sr Stop the thief—st tp the thief!"l
On being asked if tht offender was present in Corot, the
N 'mess, af.er looking round, said. d! Here he is, Sit
;pointing to the prisoner) that is the man; I am vitel
possit that is the man; I should have caught him azara
myself if it had not been for a cumrag (comrade) of his
who held Me till I knocked him down.
Cross-examined by Mr. Jusatce—l don't know how
many people were present—you would not know if you
had been there: them arc questions I should not be
asked. I had a little drink that day before the fight; I
had taken what I. wan'eJ, but was as sober as you are
now—(A laugh). These might have been 300 people
present ; but it is no use asking me such questions;
this bodare will not do fur me; I ham a too old for
such chdtish bodare now; tat is de man, and tat is all
I have to say.
James Evans, on hearing the alarm, apprehended the
prisoner.
Mr. JUSTICE then addressed the Jury on behalf of the
prisoner, and concluded by calling a witness, who gave
to him a good character. The prisoner's wife also came
forward, and addressing the Learned Judge, besought
him to have mercy on her husband, on account cf her
and a large small family.
Mr. Baron VAUGHAN having summed up the evi-
dence, the Jury found the prisoner ; and the.
Learned Judge sentenced him to be imprisoned in the
House of Correction for three months. _ _

The whole cf the prisoners hating been disposed of,
and Mr. Justice GAsELas being engaged in the trial of
a long cathe of no public interest, Mt. BarouVAIMIAN
proceeded to try the only remilning cause.

II