The Statesman.
London, England, 1823-09-11 00:00:00

.El/1131/t 11, lig23

''.died .011 4111

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jets of etstetr— !ig." 066.11. ;IA At
ofilint4f otters tha stkiaskian thitt toevey to . e
Mirk Or Ilse Jary,.dit. Mr. iltaguire was in that state
thiChe(iOtitess) was in ; at a ptieticalar boar the door is
Ideted•Up; and so prtioner can get into the yard without
ih.e.Alaralial's consent; witness has been frequently in the
yard after the other prisoners hare been locked tip; be ,
ate lodged in the Deputy Marshal's apartments; he,did
occasionally indulge in the privilege of remaining in the
yard, afterlife prisoners had been lockedupt he dors not
know of his own know)edge if anv thing particular occurred
between him (witness) and Mr, Maguire on the night of
the 29th of May ; after Mr. Maguire had been locked 11,
and before witness saw him in the yard on the morning of
the 'ZOO& witness beard that something did occur on that
night between him and Mr. filaxwire; can't recollect what
was the language that witness addressed to him ; is ast•am-
ed to say that he was in that state that •he cannot recollect
it fheardlt from many persons; Capt. Medge infoteeed
Ulm that very gross words had passed on. both sides.
Emanuel Hutchins, Esq. and Mr. Samuel Boardman
were neat tgamineihon the part-of the prosecution, and the
case having_teen cloged, Mr. Riehards addressed the Jury
on the patWrhittgavirser, Indio the course of his speech
observed that he was no advocate for an assault ; an assault
was perhaps only jistifiable where a previous assault had
begs given. They had it in evidente that the doors here
closed at a particular hour; it would appear, howev.,r, to
them, t!'at after Mr. Maguire had been lucked up, confined
by the bars oftis window"and the butte of his door, Lord
Wentworth seas in the yard ; that in a menacing attitude
he was using language hich he cued not repeat, and
which would terrify them when they 'liquid hear it. Lord
Glentiveith that OM), in point of law, was an assault:
he infitriated• his mind, and used language, as applied to
him, that was of such a nature, that hr .(31c. Maguire)
mnit have been less than nun, or worse than. man, if he
could have sOlonithol to it. By this cOoduct Lord til-mt-
worth, in pain. of law, was guilty of the first assault; it had
been so decided in,a trial where the pointing a linger was
rated await asshole, aithongis the party proceeded against
bit co apart of the finger.
Mr. Rtelagieds eontinuiol to speak far some time with
much animation and ability, and concluded by calling
Philip Qdigley, who deposed that ou the .night before
the assault he was standing at his own door ; that he saw
Cipt. Maguire going to his room, and a few minutes before
that he saw Lord tld eat worth ; he recollected the hatchiaan
having locked the-dour.
there the witness was about to state, something th.tt •ec•
etiried on tliatevening, when he *as interrupted by Mrs
•Itansilion.wbo objected Vis this part of the evidence as not
being relevant to the ease.
Ali:Richards said, that the evidence be was about to
proslure'wise offered on two grounds, that ui iustiticatiot?
atott-thilratton.-
Lord Nortntry observed, that if permission wire given to
go,lnto evidence fur a length of time previous: to, assent/8,
to ascertain if there had bernany provocation in every tii7
vial case, there would be evidence produced pufficient to
stagger all Itfeittanster Hall. _

• G. Jurdice -Venda'ear remarked that the trtYerser had
ayp entire nightto cool; he would ask Mr. iticnard4.wl..ll
ball said that in consequence of his being in cut tiaement,
this interiin served butt* inn nee his .fissions the more;
did he thin:: that a tiger was•the wore ticrce Yee blisig kept
in a cage ? • . .
Mr. Riehards.replied the, lie thought it very prat) ible
that if the titer was taunted through the liars of` pie cage,
he *field become dsOie furidus.

Air. Justice Vandeleur—Do 'yeti `Mein to say, that lie
would nht have time to cool in II hones?
Mr. Richards—That is a question that 1 would submit,
ow lined, flie'Jury would have to decide on.
The Court having ruled against the evidence offered, 'lr.
Richards stated that the defence had closed. Mr. itich•
ards, however, afterwards intimated that it was the wish of
the traverser that another witness should be examined.—
Pormissiou having been given by the Court,
'Mr. Win. Moore deposed, that he was present in the yard
011ie tinge of the assault. Mr. Mag,nire passed witness; it
mppeseed to Litt) (witness) as if Mr. Maguire and Ler&
Wentworth were in conversation together. He, (Mr. Ma-
guire) wined !Mind Lord Wentworth ; he struck him on
the l.lt flank.
• • tan's examihed by Mr. Hamilton.—Witness is sere that
it was on the left flank that be struck him; is certain of ICI
by flank he mans the side; the left side and the right side
are called at times the left flank and the right flank : flank
is a word males applied to an army; they sometimes say-
the left's ing of an army. Here the case closail;
Mr. Justice Vandrieur observed, that •the only difference
made in the case, by the exanduatimi of the last,wltness,
was, whi:ther the Jury would convict the traverser on his
own evidenee,-or on 'lva for thePruieetitiom
Mr. ItiChards laid, that It was not by his direction that
the last witness was examined; it was in compliance with
his wish of the traverser.
Lord Norbury said, if the traverser had not pleaded don-
tote 'Satter, he tied proved doable matter.
An affidavit nas then prepared in mitigation, on the part
of the traverser, sworn to, and signed by three switntleses.
The clerk of the Crown was ihriut to read this alriclarit,
when the Court interfered, and it was hattetbiet 'to the
Bench. It was afterwards handed to Mr. iiatnillonsi who
read it, and then addressed he Jury oa the part of the;
pmt)ittition. • .
!surd Norbury charged the Jury Id 1111111•4ellthitir4'
words : rl r. 041
dentlemen of the Jury—Yon have to dec‘dgiviiether
striking a man witha stick twice is Yn *Wird or 'nit
The Jury
,returned a verdict of Guilty.
Tile prisoners and traversers who 14.1. been ,convictld, of
ditteiiet)i elfeiiere daring the Commission were then hrauielit
op for judgment: and after other cases lead beenWsposed
, Constantine Maguire, Esq., the traveler. ivito.bad imen
famed guilty of the assault un Lord Wentworth,. received
sentence: In Iliodotiiicink it, Liatil'‘Neibtiry obsertied,
that the traverser seemed to have 'very high node& of hid:
valry, but it would. 'pimal. Omit be cenceiyed, qf tee tile
aissalt, die ()est parry- he cupid make. would be a thrust
at the Altimeter of the prdieetitOr'; the Clink. isbeeier,
coda :not consent tkat the ..111hrshaieva should .betonte an
cluphitheatre eitrter .fuic the. dpfllist or the cudgel Alger.
Ili@ Liwirship thin sentenced the traverser to be imprisoned
three nitstitlis. • •: •: • •'•

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Rio, .. i4:PailetWe'4la yety Algid esainination ivy thic.coxistael .
fit the oliposinir creditor, Mr. Jicob.?„s Jeff, Aleiiiliot I i
New York. The avenues to this most ine.invemant Litt
were moseifire all . EVOir the hales rikkitOti t
.sgrrard: tlee.esl ruination' witlteataaordinati inters:iv , Tele .
were...ll)mq ft ko n a ble ~,Ccut•ile4 ..111,1481trilq4..tkpcirr,3
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uutinys °all, 4011!.vene44til!APAVILPflYfiArmet I+:1144 ..
la . ve. g olat amour, an appcare. most AOXIOuS to court
lan ample and critical inquiry. 31r. Dixon asked him, if,