The Statesman.
London, England, 1823-08-13 00:00:00

.1

ND ON,

.

MISR*
e.Ol
.Thumsu4sr ailecres of fist Nigh Court of Cha-
Jr— eery, made in a cause, Butlin o. ntatber," the
Crdditors Legatees of Jane Malin. heretofore of 'rural.
Perk, in the County olßacklegitem, and afterwards of Chalfant-
Ism. to, the County of Gloucester, Spinster, deceased (who
died le the month of April, 19112) are. by Melt. Solicitors, to
Woe in and prove their Dobbs and Ostia their !Agadir., be-
fore Jonx SONUOD DOWDISIVIML, Esq., one of the Masters
of the said Court; at his Ofileb fn Southampton Buildings,
Chancery Leer. Lewdest. es or before the 6th day of Novem-
ber nest; or in default thereof, they will be peremptorily ex-
cluded the !meat of the said Decree.
EYRE and COVERDALE, fifty'. inn.

5754.

NEW INVENTED PATENT GUNS, it) unb AT
THE BREECH.
IVORLESIEN anti IiENTLEMLN a-e respectfully. ie.
IN- shell to inspect the above invention. which, fir
asfoly, slasplicky, end facility In loading. wi.l be foand•sepe-
rlor In any prodecion of the kind yet offered to this PePtic.
Hy tit:s *volition; this rapidity of loading end flring a Fooling-
ploce or lOU. is Inereesed Is the proportion of at least three
to one. klanuterterod by A. F. BIVEN, Unn-msker, No. le,
Begent•afroet, Waterloo-piece.
• • .•

SOGGNINHAND PIANO MMUS. HARM. 111111.011.-
OANit. GOOD AS NEW.
WATERY, 13; Leicester-place, Plana Fort* 'falter
ri! tQ Oil., ROW Fatuilirs of France and this' Nettie,-
'gaga, sod to this Vlschass of Clarence, begs to ampnoit to pub-,
tiv Ogle* o Cabitsit oot to be equalled :n torch and
psualpries 00 Gahm,. for SS Guineas ; en elegant la
144 Rogegoral Obliqual73 Guineas. for 35 Guineas; Square
PI b. Gaines. ;a I* east Harp, 43 Gaines ; a Barrel Organ
Sirelairole or Chapel. 73 Guineas; one, ditto, fir dancing to,
with quadrilles, dm. 38 Oelnesks,
N.D. A new Donis% xaro• Harp, eost 1201., for 80 Opines,
is4oVit ileopaely of a lady.

i,

To 11111111CHIANTS, CAPTAINS, FA 1,1 ILItS, tic.
,INen NAIR, Mill, FAetrant and FashiOnahle
IN FURNITURE, at Ile Original Commission Sale
Rome, lla.. 33. Oxford-street, near Sohn-sonici, at a re-
&Woe Off Fort" Pounds In every Huersrull (foe reedy Poo-
** lost assorted ready wench/clamed STOCK (aim-
&
eery dasc4lWorid. riOIon) of UPHOLSTERY and CABI-
A
• (*lle+ 4b
DRWING-ROD:11 FURNITURE.
A. Ottlehlli;d collo/Ilion of superb Patterns, in Merino
Depisti. 'British, Swiss. and French Chintz, for sults of
turista', or' made and fixed after the most modern tleiigns ;
British and Frew* Stripe', In every shade of colour, used as
Wilde *oven for ewer-hes. ehalrs ottomans, dm.; elegant
Faeces, Lammed Bindings to d.
Thirty sewn Dozen Roseland Choir!, with or witboat
eyeless; Nineteen Doze. Mapco/nailed Ditto.
Twardy-slin Rosewood Sofu and Coaches, carted, inlaid
with 141, sad plain.
Twenty-two large and smell sets of Rosewood Tables.
tessisting of Loco. Card, and Oecaslortal, both plain and or-
naventat ; Mae wh -le of which are highly finished.
Three Dozen Rosewood and Mahogany Chet/Mists and •
. Fillets Perm *Oie, Kingwood. and illaboggily WWI bf '
Tables. Tea Eoyo Octagon Work Tattier', Music Chalro 1
Stools. dre.
Several now Designs of Brussels Carpeting, of chaste m-
isers, adeph:diolely to the draw/kw-room.
DibliNG-PARI.OUR FURNITURE.
leventeen•lehhoginly and Oak Pedestal and Trafalgar
iliMeboards, Some of Omit dearly carved and French polished,'
with Saruattgoses. neadootibe same material.M
TWlffig Of graaaluillobarany Dining Tables, on ha-
OO filsitscePlat
Irlit pelobt resiballaTiltimiataillbraot sizes.
. allotimillipitary;llkookemput,imfartor soricalanshir.
'thirty-aro Dose* Mahogany Chairs. Spanish Frames,
b°d% wArl4. 50i11'14842. wigs 0101111111tand blue morocco. and
aids Mk beets.
Upwars:s of One Hundred real Turkey Carpets, of !mhos
Sites; sole of them remarkably large, and, for particular
reams. mat be disposed of without iliday.—Rugs to cor-
nd
respo. -
BED AND DitESSING-ItOOM FURNITURE.
Three Dozen full-sized four-pest Mahogany double serew-
edßedsteads, Spanish Pillars, Dreperies and Curtates of Bli-
da and French Chintz and Damask, tasteMly wadi op la the
first style of elegance.
Thirty-four toar-post Bedsteads, of smaller sizes ; . with
*beet four Dozen French. Tent. and Field Bediteads.
A large Assortment of genuine Witney B anl:ets, of sites
witable to the beds ; and Marseilles Quilts, bleached on the
old principle, without the aid of powerful acids.
One Hundred fall-sized Feather Beds. made of the best
/polity. white Dantzic feathers; sad here it is necessary to
remark. that these feathers are dressed in a peculiar way, by
which the offensive or oily smell is completely removed.
Between Two and Three Hundred Hair and Wool Met-
tresses, welted and plain. with Palliasses of the same di-
latations; all of which are finished in a very superior way.
Thirty-six Dozen Bed-room Chairs, together with en mil-
ohs' variety of Wash-hand Steads, Dressing Tables, Boa
Dressing Glasses, ttc.—To which may be added.
The whole of the Paraphernalia of the Bed and Dressing
Room.
••• Families are respectfully re/pester!. particularly from
**wintry, to bring the dimensions of their rooms, both as
it rega-ds the making of Carpets with precision. as well as
the totting-out and finishing Drawlag-room Curtains and
Draperies. Dining Parlours, Beds, At.
The Sale commences every day at ten o'clock.
bIUNNS and Co. late MILES.

REDUCED FARES AND UNEQUALLED TRA-
VELLING

To Dolma. DMAL. RAMBOATR:7II;;GATZ AND CA N 2222 DRY,
Your Inside Coaches. and het, good time, by
8. A. MOUNTAIN and Co.
SARACE. '8 'ilk HEAD INN, SKINNER-STREET.
SNOW-UILL. LONDON.
THE follow g I.IOHT POST CO.%CHES, Malta,
&r. t out from the above Inn :
The " Telegraph," Dover. Deal, Ramsgate, Margate,
Broad Stairs, Canterbury, Fevershant. and Sandivich new
Vverior fast Coach, every awning at a I part 7 o'clock:
-4n consequence of the decided preference given to Me Te-
korapft Couch, the Proprietors are determined no expense
daft be spared to render it the first conveyance ow the
kad Road.
Breasprea. Chatham, Rochester, Graresend, Shwas
kittiaytiourae. Rain/mat if Ospriesge. Morning, Dustier
past 7; 47 INDUCED PEIZ.
The "Royal &apse," Falmonlls. Plymouth. Ryder,
7,ateo, Bodogin, Penua, Ashbortos, Tatars', Dartmouth.
',llama, Dorchester, and alisbiwy, Severy ntorniag at
7. throagh Honttom, Axminster. Bridport, 13ta.:41ord,
Ittoatbrldge, aStton, Basingstoke liar(ford.bridge, Stuck-1
start 4. liogsbot.
The only Day Coach to • Weymouth. (dei:v:l through
*Os Lae macrame* ones.) through Sayskot. litnekwatrr.
Basieyttote. Overton. Whit( Anna, Andover. Woodyates,
Csaatmore, Sitlisbory„ itiatailnrd 4. Dorchester, at a yea r-
ter past b o'clock is the morning ..,
Plyrktsfadon Wrysnotitts to Cronus,. Jersey, (ehrnbonrg,,
I. Wakes. 4e,„ every Wegesesday sad .ssaaes&ipatcrasosus,
. .
the " &Woe." Southampton. Lontingtagt. t4ndbaret
irtittbater, Dosingetcke. Hortford4wielye, Illooktrater.
clad liageh:t *cm four inside Coach. every twornidg at S
tided ; arrives at the Coue.s awl Dories. and Visit- tan.
Neseeisnaploa, by Mee o'clock. This is DDIOa deligh(Jiil
eine/yaw to the Isle of Wight-Jersey. Ueernase. Se.
Afsloesy Macre de Grare, Claerbory. 4.c.—/'he Proprietors
tl. the above Coach hope to receive a continuance of that
support pluck has hitherto been experienced since the cons-
vonteemetet of Ike " Union."
Anew Light tlay Coach to Dorchester in 14 Boars only
through Bagshot, litackwutcr, Basinr.toke, Orcrton, Ill&

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serratioir

ICR•.

scso the* reasidet, Without maw forgot obe
\ tilieJtadges . :.:' : . . :', 1
frnerstax . alittbr. '•
Mr. &soli* . 'skw
ated. that, this ect4ol 'vets Ititilliglkitt in.-
Pover Oistnage3 fere apllciosie pr n; by 0400 leot
fend** sought to Charge the pliiatif with an swamtita
011 able cianee. . .• . . ..
PkiitsOw iildriiied 'tile jniY,OP behalf ad* 14427
tit.,:. he ',inlet' is thie satit were, be said. fatteers,o( I
hie conditionin life, the defeisdant,bein.g,i,wgioeses-
olio of niusiderahle plEoperty, and elm Ploog enttitifif tp ia
similar advantage on the, death of his father. kpigee. 4
(evened called Welton-hill, situate just within pie ceunty of
Worcester, and divided from that of Glecesterotily..fiy a
dyke, had been cleared of the bushes and fern with, which
ut.secorered, by the father of the plaintiff, and hy.hits re-
-4141
, with other land, to fits son, on, his eetraece tisto tiro
Over this loilf the Rev. Dr. Timbrell, • tnagistrite
residing in the neighbourhood. wished to tire a path ,
which had ran through his own grounds. and accordingly
the defendant called ou,theplaintilf, and deliveved to hies •
the shier of the cierginesui, That he should shit,` p tea t
acres. Weston-Bill. Ihe plaintiff eefisseetier 0 tik, via
Which Mr. Arkell took the business ow Lintselt marked out
a path, and built a bridge over the dyke to connect it with
the main road. M. Freeman, by the dliection of his land-
lord, ploughed over the path, and the instance, broke dowp
the bridge thus impropetly erected:o.4nd, for these arts, the
plaintiff received it su-nnions to appear beforeer. Tieibrels,
who certainly was not the fittest magistrate to decide a case
in which hit own claims were involved. The plaintiff de•
dined attending; meaning to appeal to tloc less peejoaliced
tribunal of the anifion, and was„on the 2.2i1 of March,fsere-
e I by the plaintiff with two precepts, tender the hentinf De-
T., requiring him to pay two sereral kums of 40a. in wltieN
he bad been convicted. Mr. Freeman r- oested penalis-
ation to take copies of these precepts, in or er tosinaga%;=.
1
to prosecute his appeal, and be was all,iwe to con One of
them. While, heweeir, he was ragazeol
.in copying the
other, the defendant insisted on is being returned, ,tint
which he refused to comply, and retained it till he hat
finished the wink; upon which the defendant said in his
passion " lie could see what he coed do for him." tree
to this threat, he went to Dr. Tipthrelt, anal swore that CI•
plaintiff hail c 'fted an assault upon him. on which 3.19.
Freemen was suenboned to appear before that magistrate.
He attended. and denied the charge as utterly false aii
grounillesi ; but the defendant
.persisted, and be being at
the moment nnprovided wills Muffles, was colt:twitted to the
county gaol on a warrant by the I.4ev. Magistrate, hot roe ,y
for the assault, hut " for taking forcibly from tlw poisessh si
of Arkell a certain precept"—implying soutethitig akin t‘t
robbery. On this Commitment was a yOtong man of rv-
spectafile connexions', of irreproeched and irreproachaiee
character, and Of fair prospects in life, sent to the coostno.i
peg for five day., and compelled to Mingle with the west
' abandoned of his species. At the sessions lie appeared -0
answer any charge which might he mid, against hint, and
a bill of indictment was preferred—not for taking the pre,-
cept, bet fur the assault—which was thiairn out by the
grand jury. On Ids part it would he proyedAtat tbeio was
no probable cause—no shadow of biels4stiiin-efOr these
(Tr.-soder. proceedings; for aot only hie Whet, bat Lit
man of the stable of Frost, who was preseal, Weald govilef
that no assault was committed nor any rialertia nand, at
threatened by bias towerds Mr. Arkell. ThetiCeiat ne
kind of oppreashon More base, none more gillitg to a rh.
rous mind, than that Which was pe'rpetrated under the Mote
of the law, hatin opposition to its principles and its spirit.
The Jury would consider how the injustice in this case h id
been aggravated by the abase of legal ferias; .bOrr the
pliintiff bad been put to expense; bow he hid bete 'col:.
signed tea gaol with common fawn; and Above ill, bow a
stigma had been thrown on his character
et the age 0124 or
25, when unspotted reputation was of the highest valise.
As the cecina of the defendant had enabled any one in
after-time to reproach this pang man witty baring been
comnsitted to a prison, it was the duty of the jury to sup-
ply him With a triumphant aoisier so the reproach in thesis
daniages, Which would clear him frets, all stein is the eyes
of the world. •
The Rev. Di. Tin:nob was tben called, and examine .I
respecting the information laid before him by the defend-
ant. It was objected that as this information was taken in
writing. no parul evidence could be admitted resAsctirig it.
The witobas was then asked whether he had brought with
him the papers in this cause; he replied that he bad net,
through be had received a tulApcemit duces teem* to produce
theni. He delivered them into Court at the Sessions, and
either to Mr. illoxam, the clerk cache peace, or to his clerk,
and which he could not innember. Before this he had
conversations with the defendant as to whether the road.
abould pass through his land or over iVeston Hill—it had
formerly passed over Weston Hill. No dne bet Mr. Arkelt
was present when the information was laid.
Mr. Bloxaai was then called, who stated that he had.
searched fcir the information, but was unable to find it. He
could not recolliet whether he had received it or not; when
bills were thrown eat, the documents were sometimes cast•
aside, and this might have been the fate of the papers..
He produced, however, thr bill of inactritent, which had
the defendant's name on the back as the only witness.
and which appeared to have been thrown out by the Grand
Jury.
William Smith stated, that havieg been sworn in special,
constable by Dr. Timbrell to execute a watrant, he took.
the plaintiff tato custody, broaelit him before the Doctor,
and left the warrant on his table. After. the examiestion„
he received another paper from the Magistrate, and took
him with it to the gaol at Nurthleach, where he left the
prisoner and the paper with the gaoler.
The keeper of the gaol said he received the pl anti& into
his custody n:th a warrant front Dr. Timbrell, and detain=
ed him under it for ive days. The warrant, being read,
purported to he a commitment fur ea assault, " anal taVeg
a precept forcible from the person" of the plaintiff., • .
Mr. Justice plitu, wins had several times intimated that
the preliminary part of the case dial Dot appear to be in a
course of legitimate pirpof, now expressed his emission that
the averment in the declaration, that the Oefetsient had laid
a certain charge, was not suhstantrated in evidence. The
information was taken in writing, and was not produced.
neither was any proof given that it was lost I therefore,
no peril test;tiway as to its contents could be admitted.
Mr. PEARsUN submitted that There was sufficient Proof mat
the iefcemadan was lost. Dr. titabrtll who received it
gave it either to the officer or to his clerk in Isis presence—
the officer, who was bound to take care of i,, had looked foe
it In vain. Surely great injustice would be dace if, nosier
inch citcuoistances, parol evidence of its purport were
excluded, end the principle of all the cases was in ite
favour.
Mr. Justice PARK said, that undoubtedly:be o4cett °swill
to adopt more careful preceerlings ; for tutisrmetsomi . were
ofte3 of more importance where, a lelkepi eraoses( tlsaa
when it'wee found, fur very !help". yippne!. Mit,* Pig
paper might be in the passeaswn ,of,:akm clerk, who
was not called, he could net admit anY,priarof its contents.
Mr. femme [lieu called the attention of the Learned
Judge to the fourth avant of the thc.araiiga, which made nu
allusion to the informatioe, bat merely charged that the dei
fratlant maliciously, and without protoable cause, preferre.f
0 bill of indictuwet before the (fraud Jury, whi-h
'drew out. in sup!iurt tit' thiscount he caled on,

;;;(7r17.4
tick they
me of the