The Statesman.
London, England, 1823-07-05 00:00:00

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QUITO, KING'S DENIM. Wurratweena, Jess 4.
tut Euro e. utot.ne. •
This was Wn infermatiow preferred by the Crewels the
%started a ice searmato &getout Mr. Dialer, the owner
of the Braid es which Ildnsoatee hie is party. held, ree
oohing hies to show by what authority the fair ss holden.
're this the defewelant pleaded a mama fee seek
The affitenatire of the issue beige on the &readmit.
licanurre, os his behalf, after some olmerrations
on the right of the middle sad lower orders of society. to
their customary amusements, and agaime the restless spi-
rit of iatereseddfiar, which w•tda anemia to suppress
them, opened a case of swage which Isetbetarlet it would
be diketalt to answer. He calledanember of respectable
witnesses. who preyed that the fair bad subsisted for
mast years; dm; it was origisally held Is the yard of
the dell, bat was afterwards reuteveel.t• Mr. Nikes
field, which was a. more commotheas situation that it
was attended by many of the aeighimoring gratify sad
their families, and by theenandsof perilous freer Leaden;
that there were rainy sports, shows, sad aasmenieets
provided, aid also booths fertile sale of light articles, as
toys, clothes, hardware, ribbassels, aed oenanseets. One
of the witnesses, Mr. Mamfard, excited meets etertitneat
by bin comparison betimes thersoralityof Edema.* fair
and the opera and theatres, considerably to the advan-
tage of the former.
Mr. Souctron-Otweaar., for the Crown, eonteeded
that custom was no plea fora fair; the party who Waist.
a a right to bold it mut rely on a grant,Ond though it
might not be necessary to praises the grant, yet he mut
' show such a prescription as would induce the jury to
presume it. In the present ease, however. not eves a
custom was shown for a fair, which was an institstion
for the purposes of commerce, sad not merely for shows
and the sale of toys. . t •
Mr. Justice Bear. who, eat is the early part of the
day for the Lord Chief Justice, ieterrepted the Learned
SOlieitor, and told loins that he thought it was not neces-
sary for him to proceed farther, for is his view there was
no evidence whatsoever to sustain the defendant's ease.
A fair could be evidenced only by prescription; it must
have its proper officers; it most be established rind-
pally far the purposes of commerce, sad not for
mere recreation and pleasure, though he was far
from wishing to deny these to the commas people.—
fie could not perceive that the fair at Edmonton bad
been shown to hear any of these characteristics, and if
the jury were of the same opinion, it would be unneces-
sary to hear the counsel for the Crown.
The jury said they were. Quite satisfied, and imme-
diately found a verdict for the Crown.
afar v. !MOWN.
This action was bronglit by Mr. gay, late vestry-clerk
of the parish of St. Matthew, Bethnal-green. against Mr.
Brown, a dissenting preacher of that parish, for libels
and slanderous words. The defendant pleaded that lie
was not guilty, and also that the subject matters of the
libels and the slanders were true.
The publication aril language in question arose out of
th‘: disputes which have long divided the parish of Beth-
nal-green, and in which both the parties hare been ac-
t!%e. It will be remembered, that some years ago two
prosecutions were instituted against Mr. Merceron, a
Magistrate, who had long exercised great influence in
parish of Betlinal.gfeen, one fur having clandestinely
icserted in his accounts, as treasurer of the poor.rate, the
of 9251. Is.3d. with intent to defraud the parishioners,
. tr.i the other for havinz corruptly concurred as a Ma
g:strate in relicettiing Certain public-houses in the parish,
1:s own property, though he well knew them to be ins-
properly conducted. On both these prosecutions be was
convicted, chiefly on the evidence of Mr. May, the plain-
tiff, and sentenced by the Court of King's Bench to im-
- ptisonmeni and fine. After this result 11.4 bees obtained,
considerable difference arose respecting the payment of
the costs of the prosecutions, which had been originally
commenced by individuals, and afterwards sanctioned by
the parish ; but at length a vote of the vestry. obtained
after much clainonr, directed that the costs of the pro-
secution respecting the poor•rate, amounting to 313/.
l'Js. 3d. should be paid out of the poor-rates, and that
these of the indictment for misconduct .as a magistrate,
amounting to 3141. 35.. should be phi out of the fines
received from those who had refused to serve parochial
ot.s..ces. Disputes continued, and a committee was ap-
. rutted to inquire into the accounts, who reported that
the sum which ought to have been paid was only 5031.
2i. 7d. the surplus having been improperly introduced
with the cniciirrence of the plaintiff. An article' pur-
porting to contain the substance of this report, and ex-
fressed in language strongly reflecting on Mr. Mai', was
irseard in a newspaper, called The Sunday Monitor.
of April?, IS2O. A violent attack on him, called a state-
r:cot of facts." was also circulated by Mr. Brown, who
was also proved to have verbally used terms derogatory
to the plaintiff s character.
Mr. St:A/MITT, for the plaintiff, in anticipation of the
del, whines attempt to justify, adduced evidence to show!
tt at the:introduction of the sum objected to was bona
/id? ; that the money had been expended on the prosecu-
liens, though previous to the time whea they received
the sanc'ions of the vestry; that the whole was fully and
f.i:ly submitted to the parishioners, and the disburse-
rents made under their approval.
Mr. SOLICITOR GEN mar., for the defendant, first of-
fered in evidence a number of placards, what the plaintiff
ha-1 assisted to distribute, reflecting on the character of
the defendant, and others of his party. These, however,
were held inadmissible : but the general statement of a
witness, tl:at libels had been published ou both sides, was
received. The learned solicitor then proceeded with evi-
ell:ice in support of his justification, into a length of de-
tail through which it is impossible to follow him.
The jury retired for three quarters of an hour, and then
found a verdict for the plaintiff—Darnages, 1001. •
The trial lasted till one o'clock in the morning.

COURT ON SESSION, EDINBURGH.
(FIRST DIVISION.) •
PDX 74ACI.E, ZSQ. V. TOR 110 N. W. R. 11.1ULIt OF PANDIURIL
This interesting cause came again before the Court on
Wt•dnesdav se'nnight, which was crowded in every part.
TheJ.tufges severally delivered their opinions, and pro-
nounced a nnanimous juslgmere, finding that the present
sum of IO)1. per annum, allowed by the honourable opu.
lent defender was inadequate fct the support of his son
in that rank to which his birth and prospects entitled
him ; and the Court ordained the honourable defender to
give in a condescendence of the amount of his income,
that a suitable aliment may be awarded to the pursuer.

HIGH COURT OF JUSTICIARY. MONDAY, Awn 30.
A most remarkable case of assault, alleged to hare
been eorinittert °p.m a dumb female, this dad• came on
to be tried. The Court. however, was tot open to the
public amiss ; any part of the proceedioge. The -name
of the 'ceased vas 4. Marna.
'f heprisoner pleaded—Not Guilty, and a Jur was
impaoelled.
.After proceeding with the examination of several wit-
messes, the case was given rip by the Counsel for the
Crown. TbeJary afterwards returned a verdict of Not
Guilty.
'the Ilaralborgh Star promises to endear onr to prepare,
for a intore number, a full and accurate report of the le,
gal arguments In this curious cue.
' The following is exhibited in a respectable looking-
',lig shop, in Cirendiab•streer. Brighton:—Wanted here
a r:spectable womao's Man."—ln another part of the
i)wier-" Lodgings for gent& yowl' men, who are takes
ix and Junkier:

POW&
• Uselnon-nottite.—LA ghestiell of
Juice to persists holding ester, or
as to poser-eitee. came ea before the Lord Mayor.
piersoalteepieg a shop In in alley is Birehli-Istne was
semneseed by the oreereeers of St. Mieksere,.Cork,
bill, to show calto.why he rithesid to pay poor-rate'.
The facts of the ease were tiese:—The defendant, who
is a shoemaker, took a room, with a door opening into an
alley sed'Acempied it art a shop, agreeing to pay *fixed rent,
the landlonifelsgaging to be responsible for taxes, poor-
rates, or any other charge whatever. The defendant
did Sot sieves this room, frees which a glass door that was
kept cleeed.*Coold be opened into the room occupied by
the landlord, who occupied the rest of the Loom The
defendant merely kept this'll-earn as a shopitsnd bad no
eeriest living in it, sod oo one to sleep there. The over-
seers of the poor, however, considered it as a distinct te-
neinett, and rated It for •poor-rates, alleging that the
doer which communicated with the rest of the house ISO
is kept closed, med• kaseepantte tenement; that the
defendant liy: living there, gained a settlement, as woaM
say apprentace.he might choose to take, or any serrate
he might hire, and lastly, that the argument with the:
landlord *as a mere evasion; or might be so, on the
part of the defendant,. to avoid the liability to serve parish
offices.
The Loan MATOR considered the question of ss great
importance in the city. If the room were declared liable,
there was not an office nor even an 'pertinent in a coffee-
house taker" by the week, for businesi or otherwise, that
might not be declared a separate tenement, rateable for
poor-rates ; nor en occupant that might cot be called
upon to serve parochial offices. Hs did not see that it
made any difference to the parish, whether a given MR
were received as poor-rates wholly from the landlord, or
partly from him and partly from the person who held the
room nor would it alter the question whether the latter
were liable or not.
The parish officers said, the question was of g;best im-
portance, as it involved the question of the liabity of all
the occupants of such places to serve parish offices, and
the greatrst abuses were to be apprehended from any ad-
mission that such places were not liable.
The LORD MAYOR consulted the City Solicitor upon
the question. The latter declared it was a point of great
nicety and importance, which had never vet been decided,
and on which be entertained doubts. Time Lord Mayor,
under those circumstances, refused to grant a warrant of
distress to the parish officers.
The officers ekpiessed their determination to get the
question settled, by applying to the Court of King's
Bench for a mandamus to compel his Lordship to issue
the warrant.

decently-dressed women, labour•
eras' wives apparently, named Rory Kelly, Elizabeth
Brooke, and Catherine Tank*, were brought up yester-
day before the sitting Alderman, Sir It. C. Gays, charged
with shop-lifting.
About seven o'clock on Thursday evening, Kelly and
Brookes went into the shop of Mr. Gibbs, shoemaker in
the Old Bailey, obviously In company together; the for-
mer desired-to be fitted with a pair of alines, anti while
Mr. Gibbs was attending upon her, her companion was
amusing herself (with admiring the goods in the window,
anti, unobserved, as she thought, secreted a couple of
Pair in a handerchief she bad wiiii her, carefully spread-
ing the other shoes in the window, so as to fill up the
vacancy the theft bad occasion,d. She sauntered about,
the door, till Kelly, who could not agree with Gibbs as
to the price of a pair of shoes, ffillowed her, and they.
walked off together, without any suspicion on the part of
Gibbs that he had lost any thing but a customer. Never
was a shop-lifting trick more dexterously or completely
effected. IV hat all the carefullness of Gibbs could neither
prevent or observe, the carelessness of a neighbour de-
tected for him. John Aroot, a two-pair of stairs lodger
at the house opposite, at work, as be said, at his window,
but, fortunately for Gibbs, not very perseveringly, saw
from on high the whole of Mrs. Brooks's proceedings,
and hastened dowo to give Mr. Gibbs information. The
prisoners were, however, by this time out of sight. Mr.
Gibbs and his son went immediately in pursuit in differ-
ent directions, and on Ludgate-hill the latter got sight of
the prisoners, who were there joined by the third woman,
Taman, to whom he observed Brooks deliver some-
thing, bat what he could not distinctly see. Desirous of
taking the whole tbree,and'awareot the difficulty of doing
th at, as be was alone, he watched them for a short time.
Kelly and Brooks went into Messrs. Clow and Cummins's
haberdashers, Ludgate-street, and remained there a little
while looking at some ribands. On coming. out of the
shop they rejoined Tinian, and the whole party proceed-
ed slowly down Ludgate-hill. Young Gibbs embraced
this opportunity to run home for assistance ; his brother
joined him, and perceiving the women about to separate
at the end of Fleet-market, they seized 'Fenian, suppos-
ing her to have the property on her, and her compamittis
on the first alarm ran off, and for that trine made their
escape.Tanian was taken back to the shop, where she pro.
duced one pair of the shoes, but protested her innocence
of all knowledge of their being stolen, begged for the
sake of her large family that they would not lock her
up, and in the hope of andecing lulu to hersrlf, tolsl
where her two companions lodged, viz., Saffron-hill.—
Thither Shepherd, an officer who bad been sent for, im
mediately proceeded, and secured l:elly and Brooks, who
had arrived only a few minutes before him. On Kelly
he found the other pair of shoes, and on Brooks several
ions of tiband, the successful produce, rib doubt, of the
short call at Messrs. Clow and Cummins's. The shoes
were produced, and identified by M r. Gibbs, and the case
being thus complete, it was thought unnecessary to en-
ter at all into the robbery as to the ribands.

Kitty Tanian, in a fine Irish brogue, protested she wan
as innocent as an angel ; and Airs. Brooks and Mrs. Kel-
ly, with similar vehemence, ran on with a long rhodomon-
tade story, which had no reference at all to the circum-
stances, taking care, however, to avoid admitting or de-
nying the facts charged against them; and the Alder:
man committed Brooks and Kelly !or the felony, and
Tagian for receiving the property knowing it to have
been stolen. " Long life to your Honour," exclaimed
Kitty Tanian,, on hearing this decision, evidently mis-
taking it for a discharge with respect to her ; and she
exhibited muck surprise when the officer took het from
the bar to be locked op.
Woasnie Sramer.—Several convictions. have lately
taken place against the owners of stage-coaches under the
25 Geo. 111. e. 61, s. AS, which requires the name Of the
place, to and Irons which the coach is going, to -Je leaked
or painted on the panne! of the door.
Vestrrday Mr. Sykes, the Solicitor to the Commissioners
of Stamps, appeared afore SAMVCL TWVIFORD. Esq., and
pointed °untie illegality of any proceeding by learners 40
reeceer the penalty under thlk section. It was an act re-
lalitig to duties, and by the dth seinen of the sane statptt,
and by 44 Geo. 111. cap. 93. sec. to. and lib Geo. Hr. cap.
itio, see. 4, ail matters necessary to pat the powers of those,
acts in force were ander the management of the Commis-
sioners, and it was unlawful to prosecate the same except
in themes of his Majesty's Attorney-Geeere, nr; of the
Solicitor; or some other officer of his Majesty's Stamp
Duties.
Mr. Twvrono expressed his concurrence in the remarks
of Mr. Sykes. It • appeared. however, extraordinary to
him. that when the late act, 3d Geo. IV. e. 9b, passed, di-
recting plate:l.)ft. this section of the 9-Sth Geo. In. had not
been repealed; besides, It did not occur to him, when de-
riding, that It was necessary to look Into all the stamp sets,
which were voiresibousemsegli to oceupy the wholesttention
of r dee* iawtivideat. Witk respect to the eonvietioas be-
fore Ylm, they wet* K course void, and ought sec t, sr4.

I.

tanked 10* fidesiewand Irelefters ko Motile a
parties spiessiirbeid they had I*. dug.
)4r. /ekes further hubiated. that the vossigolous"
,th=hirtettc.d., itUssaari=eiccita=;:=bry
Isle set pioritiet Itaberas sad is ewe say Oassle-
dos ba4,beet pit M. At waa peplialdi. that Ills Itieges part
of the pesalty would by riteroad by a plopenippheation to
the Treasury. • • a ' •

SUPPRESSION OP CAMBERWELL AND PECK
HAM FAIRS. •

The Magistrates of the District, comprehending the
ground on which those fairs bave been annually kept,
held a Petty Session at Juba-hall, id consequence of the
resolutions of the Vestry.
Au information was laid by Mr. Bygrave; and other
respectable inhabitants of the neighbourhood, against
C. Shard Esq. Lord of the Manor of llrydenborst. lii
which Peckam parish lies, against W. Law, Esq. occu-
pier of the land, on which the fair is held. against E.
Whitton, Esq. Lord of the Manor of, Camberwell; and
other gentlemen who had an interest to the land.
Mr. BOLLANII and Mr. PLATT were for the defendants:
Evidence was given to prove that Abe fairs were °miasm-
ata, and the witnesses were of opinitin that there was no
chatter or other lawful authority for holding the same.
Mr. BoALAren supported the right of the Clunberwell
defendants from Doomsday-book. and Manning's book,
which spoke of the custom of holding the faint. He pro.
dated papers, dated 1718, specifying the tolls of the lair,
and papera without date, evotalning a list of the persons
who paid for stn togs.—He had dneaments, proving
that monies bad ken received id 1715, 16, an 17. for
situations in Camberwell fair, and that North-fielol,
where Peckham fair was held, was in the parish of Cam-
Wheel!. He also produced a paper, dated 24th May;
1720, assigning over the Manor or Camberwell/ With the
fairs and tolls thereon, npon the Marriage of Joanne
Cock. The Learned Counsel likewise predated the deed
of conveyance to Mr. Whittdo, the present Lard of the,
Manor; dated 1812. Having argued upon the written
evidence Mr. &Aland called witnesses.
One of these, a man, SI years old. stilted that he re-
sided in Camberwell from the year 1763, and remem-
bered that an animal fair was held there of three days
continuance ; the 2(1. a foot was paid for stAnding, but
that as soon as the green was broken in upon, 3d. a
foot was charged, and that since 1814, the price bad
been raised to 4d., 5d., and od. a foot on the green.

Peckham fair was argued to be a continuatita of
Camberwell fair, and not a distinct fair.
Mr. Ca AMleas said, he could perceive nothing is the
documents proving that the Ales were held by charter,
or, as the words of the Act went, " by any other Jawful
authority." He therefore found himself bound to de-
cide against the defendants.
The parties then intimated their intention to apply to
the Court of King's Bench, and entered into the neces-
sary recognizances to appear on the hist day of term, to
answer any information in the naiute of a quo war-
rant°, MEd) the Attorney and Solicitor-tieneral might
exhibit against them, touching their
,right And title to
such tilts, and to abide the judgmenpif the Court
thereon. •
a.
LAMENTABLE ACCIDENT. •
•
• • •

•

- ,
(FROM rue Wenn GAZernt OF rindraktiar.)
The Hibernia steam packet came tecl IPre stilton nn
Wednesday evening; on. Thursday, 'a large party of
friends breakfasted, kr. on board; on Friday she sailed
*for. Dublin, when a most unfortunate accident happened,
by her and the St. Patrick running foul of each other;
the particulars of which may be seen betengh-1,
" al mimeo, JULY I.—On Saturday morning, between
and two two o'cloek, pot inhere with passenger', the Hi-
bernia, steam packet, from Bridal, bound to Dublin. It
appears, that at half-past ten the preceding night, when
three miles off this harbour, she fell in with the St. Pa-
trick steam.packet, on her passage from Dublin to Bris-
tol ; both vessels are ofthe largestylass; having engines
of 1.111 horse power each, lend were going at theVate of
ten miles per hour, when, unfortunately, in attempting to
come within hail, the St. Patrick's bow is stated to have
roe against the starboard quarter opposite the mainmast
of the Hibernia, and carried away bulwarks, stanchion.,
shear plank and top timbers oearly to the water's edge.
The contact was so tremendously sudden -and unexpect-
ed, that Mr. Thomas It. Swap, a passenger, travelling
for the firm of Messrs. M. Deacon, Sons, and Ellis, No.
3, Cateaton-street, London, who was sitting on the Hi-
bernia's deck, in a chair abreast the poop, had not time
to get out of the way, and was crushed to death between
the cntwater of the St. Patrick, and poop of the former •,
a seamen was at the same time xnuob injared in the neck
by one of the iron stays. rt coroner's inquest was held
on the body of the unfortunate young man, who deli-
vered a verdict of " accidental death. it appeats he
was a pions character, and a member of the Wesleyan
connection; his mortal and mangled remains were in-
terred in Staynton church-yard on Sunday evening, and
as attended to the church (about two miles from hence)
by a great number of the most respectable inhabitants.
It is supposed the St. Patrick proceeded on her voyage."
The St. Patrick arrived here on Sunday. In the shock
her head and cutwater were carried away, and some other
of her works so much injured as to need going into dock
to repair.

It having been recently discovered that a deformed lad
resident in our workhouse, possesses unusual logical abi,
litie, he has been honoured with the countenance of
m my of our principal townsfolk; and it is intended to
give him free access to the whole of oar public institu-
tions, Ths led, beinS dumb, sends forth all the thin-
' dons of his mind in uteri: seriphs; and really some of
them would not disgrace our most learned writers. It is
intended to send him to Loudon to procure his mainte-
nance.—(Exeter Gazette.)
About two o'clock yesterday morning, whilst Thomp-
son and Harris, two of the night patrol, were going
their rounds, they heard the cries of a female in Newton-
lane, Ilolborn ; when arriving at the spot, they found a
poor woman in strong labour sitting at the step of a door.
Proper assistance was procured, and she was delivered ofa
female infant. James Kelly, a carpenter, living near the
spot, came to his door to inquire what the matter was,
and bring informed, he took both her and her child in,
and prepared a bed for her, whilst his wiferendered them
all the assistance she could. The woman stated, that
she only arrived the preceding evening in town, from
Ireland, to her husband, who sent for her to St. Giles's,
but having lost his address, she was unable to find, hint
out—his name was Patrick Lynch, a labourer. Yester-
day Kelly succeeded in finding out her husband, who
gladly received her, and removed itoth her and her child
to his lodgings.
Coltman's ItiitlST.—An inquisition was held onVied-
nesday before T. Stirling, Fly. et the Red Lion, West-
bourne-green, on the body of Jehn King, formerly beadle,
bar, at the time of his death, watch-house keopet of St.
George's, Itseeeer-square, who OR Monday last; between
two sad three.ln the afternoon, was found In one 9f the
fields near the easel, suspended from sneak tree by n clock
line, which had one of the small weights attached to the
ft appeared that the deeeased for some time before his death
had laboured under an affection of the head. Yerdlet:—Tem-
por.wy Mental Dersogement.

COAL MARKET, JULY 4.
Ships it Market. Ships Sold. Priee.
V Newcastle 313 s4s. Od. to 41s. Od.
33 Sunderland ... ,
...33 .t 114. Od. to" 435. Od.

LONDON MARKETS.
CITY, JULY 2, 1823.
-Badisi.-8/e find that ibe long eentiouanee of cool
weather hae Wooed the manufacturer, in Ireland to go
ea klitimit,set mad iag up Bacon for this market; so
that the whole imports of the present year, will proba-
bly much exceed those of last year: and !apt year there
was mere than was wanted. Unless hot weather set in, and
continue for some time, too, we ye no like-
libOod of mach more being consumed at the
present prices. They will act wisely, who, on
this occasion shall be guided bfthe maxtm, that " the
first loss is best;" some, we think, must lase, and heavily
too. All agree that the price has been rue op toe high*:
and if it bad been the work of a fee, the many would
have been loud in their reprobation of it; which is
clearly evinced in the conduct of those who have sold our,
sod who are now laughing at those who continue to
hold.—On Board, 395. to 40..—Landed, 425. to 445.
DUTTLIL—The country people are beginning to buy,
and will probably give prices too high to admit of pruht
being matte herc. From some cause or other the Dutch-
men always take the lead; ant, upon the whole, get the
best prices.—Dutch, 845. to 861.—Waterford, 78s. to ells.
—Dorset, 445. to 46s.—York, 38s. to 425.
Criaeso.—'f be Cheese trade is very doll. Souse kinds
are scarce, sod prices proportionally high.—Cheshire,
Old, 60s. to 705.; New, Ms. to 645. —Derby, 645. to 6J.s.
tiloucester, 665. to 68s. ; Single, 48s. to 60s.