The Statesman.
London, England, 1823-11-21 00:00:00

THE STATESMAN

ELPARTE PUBLICATIONS IN CRIMINAL
PROCEEDINGS.
(111011 Till MILO? MORNING POST.)
There Is a controversy at present carried on between the
principal London Newspapers and the Court of King's
Bench, respecting the publication of what Mr. Justice
Bayley (erroneous)y in our opinion) calls exparte reports;
meaning reports of the examination of witnesses before
Magistrates, in police investigations.
A similar controversy occurred here some years ago.
The late Recorder of Dublin, almost in the words of Mr.
Justice Bayley, condemned the publication in the news-
papers of the Police Reports.--The dictum was re-
ceived, and its validity admitted by every news-
paper in Dublin but one, the Dublin (then Carrick's)
Morning Post. We, at the time, singly took our stand
against the authority of the Recorder, who was an excellent
Criminal Lawyer, and an upright Judge. We gradually
converted our opponents; indeed we believe the Re-
corder himself changed his opinion upon the subject, as lie
never afterwards referred to the practice in terms of dis-
approbation.
A case which occurred at that period was mainly relied
on by the opponents of publication, to skew its ill conse-
quences: Mr. Sharpley, an honest and very respectable
man, who kept an Inn in Church street, nisi charged by
a person who came to sleep at his house, with stealing
from him a sum of money. The examination having
been sworn to, Mr. Sharpley was committed to prison,
but it being ascertained before the day of trial, that his
accuser Ma a man of infamous character. Mr, Sharpley
wee most .4sonorably acquitted, without calling a vitae's
in his defence.

The publication of the charge against Mr. Sharpley, it
was alleged, was to him a grievous wrong, seeing that it
was an ex-parte statement, tending to prejudice the public
mind against him, without his having the means of refuting
the charge. Whilst the case was thus handled, Mr. Sharp.
ley wrote us a letter, which at once decided the point at
issue. It was, be said, to the early publication of the charge
in the Morning Poet, that he was indebted for the
preservation of his character from a foul imputation,
and himself from (perhaps) transportation. The affair
having excited considerable sensation, persons of
whom he had no previous knowledge, on whom
reading the account, voluntarily C.ll/10 to him, and furnish-
ed such a histoly of his accuser as left him no longer ap-
prehensive of the result. The affair terminated, as we have
already mentioned. Had the matter been bushed till the
day of trial, the evidence of the prosecutor might have
been unimpeactied—the Jury might have convicted the
man on his trial—lie might have gone to Botany Bay, or
been hanged—or if, after conviction, the character of the
accuser became better known, it might not have been quite
so easy them to rescue an innocent man from the disgrace
and punishment to which, by that conviction, lie became
liable.

Mr. Sharpley's Letter was published at tha time in the
Morning Post, and the opponents of publication were si-
lenced by it.

COURT OF COMMON PLEAS, Dusting, Nov. 10.

MATHEW LORD VISCOUNT KINGSLAND, PLAINTIFF ; HIS
GRACE THE LORD ARCHBISHOP OF DUBLIN, AND RICH.
NEVILLE, DEFENDANTS.
At ten o'clock this highly important cause came on to be
tried before the Right Hon. Lord Chief Justice Norbury, Mr.
Justice Moore, Mr. Justice Johnson, and Mr. Justice Tor-
rens, and a Special Jury, selected (vein the moat respectable
Gentlemen of the county—Sir Compton Domville, Bart.,
Foreman.
The case occupied the Court six days, when after the pro-
duction of many ancient Records and other documents, and
hearing some of the most profound legal arguments on both
sides, the Jury, under the onanimous direction of the Court, at
three o'clock on Satuiday last, found a verdict for the Noble
Plaintiff, restoring him to a part of the intensive Church pa-
tronage enjoyed by his ancestors.
The' princi pat points appeared to be the following :—On
the restoration of King Charles 11., the Act of Settlement
was passed in this kingdom, which vested all advowsons of
Chnrchestben enjoyed by Irish Papists (as they are nom-d
in the Act 'of gxplanation) in the King, until such Papists
or their beirs'shonld conform to the Protestant religion.—
It appeared by the Letters Patent, Inquisitions &c., produc-
ed in Court, that Sir Patrick Barnwell, of Tarvey,
lin the County of Dublin, had many Church benefices in
his gift, which. with otber patrimonial inheritance, at his
death devolved on his son and heir, Nicholas Barnwell,
who was is June 1641 created the first Viscount Barn-
wall, of Kingsland, by King Charles 1.; but who having
surviving the civil was of this country, found himself
unjustly dispossessed of a large part of this property,
but was restored to such portion of his estates by a
Decree of Innocence under the Act of Settlement in 1663.
The dreendents of Viscount Nicholas professed the
Roman Catholic religion until the 2d of Anne, when
they were divested by Act of Parliament of his ativow-
sons, which were by said Act vested in the Crown until
conformity.

In the year 1813, the present Matthew Lord Viscount Ki tits-
land, the heir male of the first Viscount, conformed to the Pro-
testant religion, as by law required, and thereby his Ecclesi-
astical benefices were revested lu him. On the vacancy of
the Church of Garretstown, in the Archdiocess of Dublin, he
presented his Clerk, and en the Archbishop's refusing to insti-
tute him, brought his writ of Quart' Inipcdtt for the perpetual
advowson of said Cbureh.
After the most deep research on the part of the Noble
Plaintiff, and patient investigation ofthe Hon. Court, this cause
was decided in the manner above mentioned.

WINDSOR, TRURSDAS, Nov. 20.—His Majesty, Kith
his usual suite, touk an airing this morning to the
Royal Co•tage. Sir Charles Long left the Castle to day
for London.

The Gibraltar Chronicle of the 30th of October states,
that about six nights previous to that date between three
and four thonsaud French troops embarked from Cadiz, on
board of transports and men-of-war, bit that their destina-
tion was nutkdii►6ii.

Iltims.--On Tuesday last, the 18th instant, at Ileden,
Kent, the Lady of J. P. Plumptre, Esq. of a daughter.
Lord and Lady Londonderry, on being informed of the
lamentable accident that recently happened at ltaioton
colliery, instantly transmitted to their principal agent the
sum of 1001. with a discretionary power to make any addi-
tioh to it that might be reqnired, for the relief of the lm-
mediate necessities of the relatives •( the nnfortnnate suffer-
ers upon that melancholy occasion.—(Tyne Mercury.)

The Royal Palace of Falkland, formerly the favourite
residence of several ancient Scottish :sovereigns, has
lately undergone important improvements, and is destined
to receive further protection in the course of next season.
Mr. Bruce, now proprietor of the extensive and valuable
estate of Mr. Falkland, and, u such, Heritable Keeper of
the Palace, has enclosed the grounds immediately attached
to it, consisting of several acres, with a substantial wall of
freestone, about eight feet in height. The enclosed apace
forms a garden ground, which is kept in good order, and
is open to the public.
Strawberries were on Tuesday gathered in the garden
othlr. Rush, near Kennington; they had grown out iu the
•lipin air without any artificial aid.

The weather continues humid and lowering; and for the
last_ two or three days dense fogs have prevailed. We are
sorry to hear from the country, and parucularlyfrom Banff-
shire, that the grain is found, in numerous instances, to have
become heated in the stack, and to require being taken
down. Apprehensions are entertained that wholesome
seett23rn will be scarce in the Highland districts it be a-
ssist spring.—(Edinbirik Observer, N0v.10.)

_`'- ~"::r.. _ :rya±.~t..:.i
~~~ ~'huiri~r

NAT'I'ON OARIMIN.

.
(ale lIWIMPORTXD CAS'S OP YESTIIIDAT
An important and novel We, With respect to the removal
of a pauper to Ireland, was yesterday beard before Mr. Ser-
geant SELLON, and Meurs.Rooaas and Latrio. It was an
application to remove a woman to Ireland,who was born in
England of English parents, and had also gained k settle-
ment in ber own right. A few years ago, she' went over.to
Ireland with a family, and while there, married an Irish-
man ; the ceremony being performed by a Rouzish Priest,
she notwithstanding being a Protestant. By this mmlage
she had a child. and shortly after its birth, being ill wed
by her husband, she quitted him and came to England. '
Circumstances rendering life chargeable to St. Pancras
Parish, they applied to remove her and child to Ireland.
Mr. Rocca% gave his opinion that the marriage was not
legal, and added that sending her to Ireland wculd be
sending her to perish.
Overseer—You are laying it down as if Ireland were a
different country.
Mr. ROGERS—So it is; they have no poor laws, and send-
ing her there, where she has no friends, would be as bad as
sending her to Africa. I will not sign my name to such an
order. _ 1

Mr. LAING—T. for one, will not consent to remove that
woman to Ireland ; if she is to he removed, let it be by
higher autbority. The Act did not contemplate the removal
of every person having a settlement in Ireland. It was
meant to apply to vagrant cases; and hence a discretion is
lodged with the Magistrate. I remember a case of a.wtan
aged 70, who had lived 50 years in England, being removed
to Ireland. I did not know the case at the time, or I would
not have signed the order.
Mr. Sergeant Set.t.ox concurred with his colleagues both
as to the illegality and cruelty of the removal sought
for. He was of opinion that they ought, under the cir-
cumstances, to resort to the NI den settlement.

WORSHIP sisittirt (Uri' EVENING.)

(ANOTHER UNRAPoRTIR CASE.)

EstnezzListeNT ay .► Bov.—A very decent looking lall,
named Thomas Outrage, was brought before Mr. Twvroan
on a charge of having stolen and converted to his own
ase the sum of 181. 10s. Si. The young delinquent was
not more than 14 rears of age.
Mr. Gaines Serle Martin, deposed that a few days sgo
he sent the prisoner to Mr. Thomas Ludgates, in Golden
Sqnsre, with the above mentioned sum, with which he
made off; in consequence of which he traced him and
gave him into custody. Mr. Ludgates deposed he had never
received the sum.

The prisoner being called on for his defence, said, he was
going through Castle Street, he met another boy, who kept en-
treating him to spend tha money, which he was at length in-
duced to do. under fear, as he said he would flog him, unless he
let him have sem of the money. They .therefore both set off
for St. Giles's, where he changed a Int note. end rigged him-
self out in a new suit of apparel, which he then wore.
The Magistrate lamented the injudicious mode in which
tradespeople dealt with boys of that tender age, and observed
such s sum entrusted to them, was too great a temptation ; but
as it was quite clear that the youth had stolen the money, it wu
a duty imperative upon him to send him to prison.
'l'ue prisoner was therefore fully committed.
mmtkETs.—(Tmas DAY.)

Coax EXCHANGE, November 2l.—The arrivals of this week
are again moderate, and most of our buyers being out of
stock of Corn, they purchase the good parcels of most kinds of
grain pretty freely.—Wheat maintains Moaday's prices, but
there is a dull sale for a►l but the primest samples.—ilarley
sells heavily, and there has bean little trade for Beans and Peas
since the beginning of this week.—Oats find buyers on rather
better terms than last quoted.—The arrivals this week are :
Wheat, 6250—Barley, 6330-00 s, 79,JU quarters.—Flour,
WOO socks.

SMITHFIELD, November 21.—The quantity of cattle sit
market this morning was fully sufficient for the demand, and a
higher price was asked for cattle of a superior qua ity, bat the
inferior sorts remain the setae in price es per last market day.
We understand that in the Wellington, Cap'. Lappint-
well, which arrived in Cove, on Sunday last (fhb instant),
from Gibraltar, are several Gentlemen who took an active
part in the Spanish Revolution. We have not been able to
learn their names: but we are informed that one is the
Priest Villa Nova, who was sent Ambassador to the Rape
by the Constitutionalists, and refused to be admitted by
his Holiness. They considered themselves very justly
in danger if they ventured to remain at home. Tile
vessel is at present under quarantine.—(Cork Advertiser.)
About two weeks ago, three young men, whose names we
decline mentioning, but who, no doubt, thought themselves
choice spirits, entered the church yard of liirkatahoc, in the
dead of the night, antl'began to toll the bell, which alarmed
several people in the village and neighbourhood. They next
went to the sexton's house, and desired him to get up with-
out delay, as the dead were arising, and stood in need
of his assistance in getting from under the throglss.
They then went and rapped at the windows of several of
the houses in the village, calling out to the inmates
that the day of judgment was come, and that the church-
yard was teeming with new r:sen•bodies. This done, they
ran up and down among the tombstones, with shirts, or
something white, about them, uttering dismal and sepulch-
ral sounds, to the dreadful consterna.ion of the poor beadle
and others, who stood petrili d with fear at such an unex-
pected sight. Like other nightly visions of church-yards,
however, they
" Evanished at crowing of the cock,"
and the beadle and his neighbours retired to rest again
right glad to think that it was a hoax. Such irreligious
an I wicked conduct cannot be too severely censured ; and
we sincerely hope, the young steatlemen employed in this
disgraceful affair, will, on the 'day, coins to a just sense of
'heir profaneness in thus making light of a subject, which,-
upon a deathbed, may yet coat them many a severe and
hitter pang.—(Dan frier Journal).
Ou Friday morning last, the grave of alwoman who had
been buries abwert a fortnight ago in Cadder Caurch yard,
is the nrighhourboood of this city, was observed to have
beep; disturbed, on which it was again opened, the lid
ibe cab° found broken and the body sway. The husband
andacerne of, his friends came immediately to the Police
Once, Glasgow, and gave information and a search
wa&inade in all the Anatomical Schools in town, by
the Glenda thetnselves, accompanied by the Siuperintendent
of Mice; lint the body was not found. On Sunday night
a considerable party from Cadder collected about several of
the Class Rooms, and wine fears were entertained for the
safety of the buildings. On a representation by the Super-
intend:int, of the searches that had been made by him
neCotaitanied by her friends, and the latter declaring that
they considered themselves satisfied, they dispersed. From
the exertions of the Police, the body was on Monday fore-
noon discovered in the rear of a house in Castle Street,
Stirling's Road.—(Glasgow Free Press.)
SPRING GUNS.—The following cireumstance mey be relied
on as a fact : —On Saturday evening last, shortly after the ser-
vants of Mr. Archer, of Barton-place, had charged and set the
spring guns as usual, to protect the game in his plantation'
adjoining his house, one of the guns went off with a very lout
explosion, but bring about live o'clock only in the afternocr
it was considered too early for poachers, and no partivrt
notice was taken of it. About eleven o'clock at night a sec. n
was fired, and about an hour afterwards a third, and ibi
watchmen and servants were at first apprehensive that a gang
of poachers had entered the plantations, but hearing no noise
of any description following.the report of the guns, they were
soon satisfied that their conjectures were without foundation.
Oa going round next morning, they !band that the first gun
had killed a cock pheasant, evidently et flying upon to perch
and that each of the others had kiiird a hare, ad of wh;ca were
found deed within a few yards of the muzzles of the guns.—
Surely thy narration of the above facts must be suffici-
ent Its deter' eq. see 6Y men, however hardy, from hazard-
ing their lives in the nightly pursuit of game, where such never
failing fatal engines are placed to preserve it.—;Bury and
, Norwich Poet.)