The Statesman.
London, England, 1824-01-29 00:00:00

THE STATESMAN

SHERIFF'S COURT.—Tens Day.
LANGPoRD ti. WAYS

This was a Writ of Enquiry for the Jury to **seta the
damages.
It appeared the plaintiff bad antborised the defendant
to receive for his Oho plaintiff's) use 2681. 10s. which he
had done,and converted the money to his own pnrpn•es in-
stead of handing it over to the plaintiff; and notwithstand-
ing repeated application had been made to the defendant
for the amount, the Money was net forthcothing, although
he was in a situation to pay. Written admissions to the
defendant were given to the Sheriff, upon Which the Jury
were satisfied. and assessed the damages at 2681 10s.
IMPORTANT TO SHERIFFS' OFFICERS.
WAITHMEN AND WILLIAMS V. MOORff.

This was an action by the Plaintiff, late High Sheriff of
the County of 3liddlesex, against the Defendant, who had
became security for one of their officers. In 1817, when
the plaintiffs were Sheriffs, a person named George Gill,
was then an officer under them ; and in a seizure made by
the sheriff upon the goods and chattels of a person, wherein
Gill was the seising officer, be accepted in pledge pro.
petty to no greater amount than half the value of the debt,
for the purpose of replevy. In consequence an action was
brought against the Plaintiffs, to recover the fall amonct,
which they were oblige dto pay. The only remedy that
was then left them was an action against the officer's secu-
rity. the present defendant. He finding himself thus situ-
ated, compromised the matter, and promised to pay
the debt and costs by instalments. The plaintiffs admitted
the receipt of monies, which reduced the balance to 571.
2a. 81, which was now sought for, at the hands of a
ry.
Mr. Bull. a solicitor, deposed, he was employed in an
action against the present plaintiffs, for accepting insuffi-
cient a-ctirity, by means of their officer Gill. The cue seas
tried in the Court of King's Bench, and witness obtained
a verdict fur` 361. 104. including tax costs.
Here the ss itness pro•mced a receipt fur payment of the
money by the present plaintiffs.
The Sheriff asked ti ill) was the plaintiff against Messrs.
Waithman an I Williams ?

replied, a gentleman names Scott, whose sig-
nature was affixed to the receipt.
The SHERIFF said, in those sort of cases, it was requisite
he should tell the Jury, that if an officer in au action of Re•
plery, accepted in pledge property insufficient to cover debt
and costs that might arise out of the prosecution, the Sheriffs
became liable for the • urplos,and is point of law, are obliged
to pay it. Their reuledy then rests against the security of the
officer. and in this case, certainly, the defendant was liable to
pay for the officer's inadvertence.
The Jury, after some consideration, assessed the damages
at 571.25. SI

INQUEST ON MR. TREBY.

At the late fight between Spring and Langan at Wor-
cester, many serious accidents had taken place by the
falling of the erections upon the Race Course, and several
of them were expected to terminate fatally. One of the
sufferers on that occasion, Mr. James Treby, late of Covent
Garden Theatre,died a few days ago in consequenceof the
injury he sustained. An inquest was held before John
Plate, Esq., Coroner for the City of Worcester, who, in
investigating the cause of the death of the deceased, took
some pains to discover whether the circumstance attend-
ing his death resulted from culpable negligence, and upon
whom so serious a charge rested. It appeared that 10s.
was paid fur admission by every individual on those erec•
tions. The deceased was upon the range of beildings on
the North side of the Grand Stand, when it fell, and the
screams and groans of the wounded were dreadful.
The right leg of the deceased, during the fall,
got between two heavy pieces of timber, upon
which numbers of persoas were thrown by the giving way
of the structure, and the limb was so dreadfully injured,
that the hone protruded through his stocking, and not-
withstanding his cries, it was some considerable time be-
fore he was relieved from his dreadful situation. owing to
the numbers of persons upon the timber. He was removed
to the Infirmary, and the surgeon diarovered a compound
fracture near the ankle-joint. The fracture was reduced,
and for some days he appeared to be doing well, arid it !
was thought that amputation would be unnecessary. On
Frithy strong inflammation presented itself in the part
affected, which was succeeded by fever and delirium : the
medical gentlemen of the infirmary held a consulta-
tion immediately upon the subject, and. as the only
chance of saying the deceased's life, was, by the instant
removal of the liinb,their decision was communicated to the
nnfortunnea man, and he assented to the operation being
performed on a conviction of its necessii. On Friday
night the limb was amputated; hut it was found that in-
flammatory action had spread itself throughout the system.
and that it was impassible to arrest its progress by any
human skill, and after lingering to four o'clock on Monday
he expired, in consequence of a mortification having taken
place. These were the facts adduced i a evidence as to the
death of the deceased. The examination of witnesses Ise-
copied eight hours, and the evidence was very voluminous.
Mr. Share, the clerk of the Race Course, and Mr. Wood,
a builder, were the chief witnesses relative to the alleged
charge of culpable negligence having caused the death of
the deceased, and never was testimony mere conflicting or
more at variance.

Mr. Share deposed that the timber for the structure was
not only supplied by Mr. Wood, but that he bad the
management and superintendance of the erection.
Mr. Wood denied having further to do with the build-
ing than the mere supplying of the materials, and the aid
of some of his workmen to put them up.
The CORONSR, in his address to the Jury, said, it would
appear that blame most attach somewhere, owing to the
very weak and insufficient state of the erection, the fall of
which occasioned the fat it accident to the deceased. The
too witnesses (Share and Wood) had each endeavoured to
rid themselves of tue oast arising from the insecurity of the
building, and the fatal results consequent the:eupon, and
(as it rested between the two) to cast it upon each other.—
' After souse further oh ervations, the Jury returned a
verdict of Accidentally Killed, Deodand upon the tim-
ber, I/.
The deceased was 4.2 years of age; he has left a widow and
two children in a state of utter destitution. Ti.e former ar-
rived from London by the mall during the investigation before
the Cs,roner; she was aware of the accident, but was totally
unconscious of its fatal termination. It is impossible to de-
scribe her agony when made acqaainted with the loss of en
affectionate husband. The body of poor Trehy has been con-
signed to the earth, in the burial ground of St. Oswald's cha-
pel. A subscription is opened for the benefit of the widow ;
and Mr. Share, the Clerk of the Course, has subscribed IW.

ARCHES' COURT, WEDNIIDAT, JAN. 28.

CURLING C. THORNTON.

From the sentence of the Court on the qnest ion of ad.
mitting Mrs. Thornton's allegation in this case, which
was pronounced last term. an appeal was asserted. It was
to day announced that the appeal was withdrawn.
Dr. BURNABY presumed it was unnecessary to trouble
the Court with any comments adduced on the evidence of
Colonel Thornton's will t and indeed no opposition was
now offered. He should therefore pray the Court to decree
its prohste to it.

The Coeur said it hail perused the evidence of the wit-
nesses who had Imen examined on the coAdidit propound-
ing the will, the doe execution of which was very fully
proved by the attesting and other witnesses; and there-
fore the Court pronounced for its validity anJ eff,:ct, by
decreeing probate as prayed.
There was no other business of any public interest.
An appeal, it is understood has brow entered in France,
from the sentence of the French Court, which so.ne ti Be
since pronounced the Colonel to have died, as to his pro-
perty in that kingdom, intes.ate.

BRIGHTON, JAN. :?s.—D.iring the gale of Wednesday
night, a small French vessel, laden with ergs, fruit, ches-
nuts, Ste. run a-shere in front of the town, facing. the
King's Road. The crew saved themselves, but their bark
went to pieces, and discovere I a t worth knowing
perhaps, in time sudden exposure of several bales of silk,
which eventually, we b.lieve, fell into time hands of his
Majesty's Customs. So much for eggs, trot, chrinnts, &c.
It has often been a subject of surprise, th mt time little
French vessels which visit us, with their handful of cargoes,
merely, should tusks it answer their purpose in being so
industriously attentive to our wants: but the mystery is
solved. Lord Neptune, in an angry mood, bas let the cat
out of the bag. The crew consisted of the Capt min and five
men. who reached the land nearly opposite Mrs. Coutt's
house, and were there humnanely treated by the order of
that lady. The vessel was bound to the port of Shoreham.
A part of her camp was saved and sold by auction, at the
custom-house on Friday.
FATAL AND HORRISIA EVINTI--•••We little thought to
have heard of the classical fah!. of Acteon being actually
realised in our day; bat a story it current in this neigh-
bourhood which very nearly resembles it, and which we
doubt not is quite as true.A few nights since the huntsman
of a Oentlenm to to whom the sports.nen of Dorsetshire are
indebted for rite amusement resulting from one of the finest
packs of fox-timid' in time kingdom, hearing an unusual
disturbance in the kennel, left his bed, and proceeded
thither without his coat, to ascertain the cause. No sooner
had the unfortunate man crossed the threshold than the
dogs, who, it would appear, knew him only in his scarlet
livery, sprung upon him, anti completely devoured him,
clothes and all, with the exception of the thumb of his
right hand, on which grew a large callous, from the
pressure of the whip, and being probably too hard for
mastication, was left to declare the dreadful tale.—(Sher-
bourns Mercury.)
A SINGULAR Fame PLATSD OPP BY Smonermts.—The
following curious, and, we presume, unprecedensed circum-
stance, has given rise to tuueh conversation in this neigh-
bourhood :—A few days ago, there was observed passing
leisurely, for some miles on the road from the coast, and at
length, in broad day, through this populous town, a wag-
gon, ostensiblyloaded with household furniture, indicating
the removal of a family at this unusual season of the year.
Amongst this furniture, there eat a woman in apparent de-
-I,mction, as if bm m.maning het departure from some long-
oved home, who looked wistfully at an infant that reposed
is her arms. It has since been ascertained, that the body
of this waggon was completely stowed with smuggled
Boston Gazette.

ATROCIOUS MURDER.
•
(FROM TiIi.LIMERICK CHRONICLI 01 WRIMR9DAY

A report having reached Newcastle on Saturday after-
noon, that a man, named Jobn Ilarnett, had been murdend
in the mountains, near Abbeyfeale, Alfred Furlong, Esq.,
immediately despatched a party of police and military to
the spot, to prevent the removal of the body till an inquest
should be duly had ; and at an early hour next morning,
Mr. Fdtlong and Mr. Percy proceeded to the place where
the body lay, accompanied by Mr. Cox, who held an lo-
opiest thereon, which lasted till nine o'clock that night, at
which hour the Jury found—" That deceased came by his
death in censepience of various wounds, indicted en his
face and head with some sharp substance or instrument, by
means of which his scull was broken, and his brains
knocked out ; and that such act of violence was wil7ully
committed by some person or persons unknown." On
Monday morning, Mr. Furlong sent a party to apprehend
all suspected persons, who were forthwith brought into
Abbeyfeale for examination ; and in the course of the day,
Mr. kurlong, Mr. Sargent, Mr. Percy, Mr. Daniel Harnett,
and Captain Popham, with a party of the 29th, proceeded
to the supposed scene of murder, and on a diligent search,
were so fortunate as to succeed in tracing the foul act in
the most clear and satisfactory manner. On their return to
Ahb yfeale, a laborious investigaticn took place before Mr.
Furlon.V, which lasted till two o'Llock on Tuesday morn-
ing, and end d in a rout; lete discovery of the perpetrators
of the murder. via —Morty Flynn and Daniel Flynn, of
Bellybeby D'Arcy, farmers, anti Charles Mawlev, servant
buy to the former, who are all in custody, and have since
confessed their guilt. It appears that this diabolical act
tas committed, in consequence of Harnett having distrained
the Flynns, as bailiff to Colonel Fitzgibbon. Harnett
lately resided on the Courtenay estate, and teas the person
who accompanied Mr. Thomas Hoskins, when that gentle-
man was murdered.

SAII7GGLER.

(FROM VIZ WATERFORD MIRROR OF JAN. 24 )
The smack Active, of Hastings, of 3ti tons register,
Henry Reed, toaster, strived in this harbour oft Wednes-
day tuornimr, apparently in ballast, ant report,d as front
Rye—but Thomas Bearuish, Esq. tb Surveyor at Passage,
having (ss we understand) received intimation that she
contained something more vatushle t:•ian ballast, boarded
her above that place, and, after a close examkation, dis-
covered a large quantity of untnanufactured tobacco, sup-
p•tsed to he about three ton•, made up in bales, and con-
. realed beneath a false bo't-tn. which was so artfully con-
trived as to have eluded toe search of a parry of the Pre-
ventive Service, by whom she bad been previously visited
at the month of the harbour. She was hronzbt up hers•
on Wednesday under seizure, and moored otf Reginald's
Tower. _ _

Thursday the crew of the Active, as British subjects,
were brought to trial in the Mayor's Office brine Alder-
man Henry Sargent, Deputy Mayor, and Alderman Samuel
King, Charter Justice, and both Magistrates for this coun-
ty. flue only trial tli4t took place that day, was that of is
person who was proved to have called hitnself Henry Reed,
to have represented himself and acted as Captain, and to
have handed a Itegistyr of the Vessel to lieorge Boate,
Esq. Port Surveyor. These circumstances were distinctly
stated in evidence, although the testimony of Thornaa Bea-
midi, Esq. the person who filed the information, and who
was uffered as first witness, was rejected, upon the ground
that the evidence of informers, as interested, cannot be ad-
' mitred, although that of captors may, the latter bring abao-
Intely necessary for conviction. After the case for the
prosecution was closed, the prisoner's Counsel pointed out
a lamentable deficiency in the evidence. The prosecution
had not proved Mr. Beamish a Revenue Officer. The
omission was considered fatal, by Act of Parliament, and
the prisoner was discharged.
Yesterday another of the crew was tried under the chance
name of " James Murray," with a challenge to plead a
misnomer. Neither misnomer nor any other plea was of-
fered. but the proof of British birth was deemed defective.
—Discharged.
Of the two remaining men of the Active smuggler one
one was tried on Satnrdlay and discharged ; the prosecu-
tion against the other was limn abandoned, and be wag
likewise discharged.

Mr. Patrick Connolly, and Moran his servant, who are
confined in Hertford g iol, on the charge of shooting
(trainee at itabley-house, at Ridge, in Hertfordshire, have
been divested of their irons. Mr. Connolly frequently ad-
verts to the transaction, end appears satisfied that the re-
sult of the trial will be favourable to him. His brother
has been frequently to see him:
TOE Casa OP C. A. DIM esren.—This unfortunate man
died at Middlenich, on Pri(lay the 11th instant. The
pel.lic will recollect that in attempting some juggling
tricks at Carlisle, he swaileived a table knife rather mores
than nine inches lung, which remained in his stomach
without exciting any very acute pain or producing any se-
rious consequences until within a few days of his death.
He left Carlisle with the intention of proceeding to Lon-
don, where his mother reside., for the purpose of consult-
ing Sir Aetlev Cooper. Daring the journey to Manchester
he suffered mach acute pain from the jolting of the coach ;
when, finding himself unable to bed the motion of the
carriage, he embarked in a canal boat, but being
taken very ill in the IsJat, he was prevented going further
than Middles' ich. This case having excited con-
siderable interest in the public mind, as also in
that of the profession, it may be proper to observe that the
body was opened the day after his death, and the knife
found in the stomach, which, with the other el the viscera,
was in a state of inflammation and gangrene. the handle
of the knife (which was of bone) was dissolved, as like•
wise a considerable portion of the blade ; so powerfully
indeed had the knife been acted upon by the juices of the
stomach, as to impress very forcibly on the minds of the
medical men who opened the body, a belief that had the
man continued at Carlisle, and been kept in a quiet state
the whole of the knife midit have been dissolved, and the
care terminated favourably. The knife will be forwarded
to Sir Astley Cooper, together with a more minute account,
which will probably appear in some periodical work. The
public prints having stated that Sir Astley Cooper bad
recommended an operation for extracting the knife, we
deem it but justice to the above-mentioned gentleman to
state, that they saw the man only about three hoars prior
to his death, when inflammation and mortification had al-
ready commenced.—(Chester Courant.)
On Monday afternoon, the convicts, 'boat twenty-two
in number, at present in our gaol, became extremely riotous.
breaking and destroying every thing within their reach,
and abasing with the most opprobrious epithets any person
who eadeavonred to persuade them so be quiet and orderly.
Governor Young attempted to bring them to a sense of
their unwarrantable behaviour, bat finding their iesoleace
and audacity increase, and threaten 00 disturb the peace of
the gaol, he procured a strong body Of-police offioers, who
soon put an cad to the riot .—The wholitof the convicts hive
been put in irons.—Edinburgh Courant.
An eagle was caught, last week, on the estate ffewit.
Esq. near flandeross, in this county ;—it is a fine full grown
bird, and came into a trap set by Mitchell, gamekeeper to Mr.
H.—(Brighten Herald.)
EXTRAPODINART SHOT.--•-•-10 the same neighbourhood, Pt
sportsman started a partridge, and fired his gun, the report of
which started a snipe, and both were killed by the same die-
eharge.—(lbid )
EQ. It is suspected these feats were performed not by' the
gun, but by the long bow.]

GOAL-MAIMS l', Jam. ri.
Ships at Market. Ships sa►d. Pries.
70 Newessll.
29 MayltrWird . th . U,. Od. to 4is. 64
.. .