The Statesman.
London, England, 1823-12-02 00:00:00

THE STATESMAN

FUNERAL OF THE LATE Luau ERSKINT.

EDINBURGR, Nov. OA—Tie remains of the late Tholiss
Lord Erskine, K. T. were conveyed from Ammondaly, the
seat of the Right Hon. the Earl of Buchan, and interred in
the ancient family vault of Uphall church. Tho funeral
was private, the body being conveyed in a hearse drawn by
six horses, which was followed only by the family carriages,
and those of a few private friends. Thus humble and un-
ostentatious was the funeral of Lord Erskine—a man whose
professional life affords. glorious instsnee of what a single
individual of indepcnient spirit, and of pure and patriotic
principle may do, even though he have to contend with the
influence of the Government and the corruptions of the peo-
ple combieed against him; as well as the brilliant example
that a mean, time serving,•, and base servility to those in
power, though the romtnon, is not the only road to rank
and preferment.—(Edia&urgh Star.)

•
COURT OF KING'S figNCll.—DuouN, N0v.20.
HABEAS CORPUS.

Mr. F►NL.tT mored the Court fur the discharge of Patrick
Sheridan, who appeared iu Court in the custody of the
Keeper of Bridewell.
The COURT st4t.ll that the prisoner stood discharged,
but that an application had been made to the. Co in for a
warrant, charging him with another offence, bt Welt the
Court were obliged to grant;
The offence with which this man is charged is, that he
tonic an unlawful oath at a boils! in Bride Street, on the
26th of November.
TUB KING P. ALEXANDeIt MILLIR.

Captain Miller was brought into Court, in custody of the
gaoler of Nee-gate.
By order of the Court, the writ on which he was detain-
ed in custody was read.
It was dated from the Court of Admiralty, London ; the
offence with which he was charged was huisting, carrying,
and wearing illegal colours.
Mr. DOHERTY said, that it was not distinctly understood
whether the Court of Admiralty intended to proceed by
civil process for the recovery of the penalty of 5001., ac-
cording to the Act of Pirliament, nr by a cr. ' al proceed-
ing. Ile submitted, however, that he was entitled to his
discharge, the warrant on. which he had been apprehended
not having beet) regulArly endorsed, as it was necessary,
by an Art of the late Eine, that when any Justice of Peace
in England issues his warrant for the apprehension of any
person in this country, that it should be backed or endots.
ettby some Magistrate here.
'I he ATTORNEY GENERAL 114h1, that he must fur the pre-
sent decline enterinz into the discussion of arguments, as
to the jurisdiction of the Court of Admiralty of London, in
this country. The warrant, however, was not issued
merely. as (torn the Clerks of the Admiralty, but was issued
in open Court, and under the advice of the Lord who pre-
sides. He did not wish for any thing that was nut con.
sistent with the rights of the subject on the one hand, and
the demand for jnstice on the other. The present proceed-
ing, however, was not for the recovery of any penalty, but
was for a contempt of the Admiralty. He was not then
prepared to say whether the High Court of Admiralty of
England had power to issue its process for contempt ►nto
this country or not. What he would submit to the Court
would be, not to dispose of the application on that
day, but that the prisoner might be discharged on
his own recognizance!, to some in and abide the result of
the motion.

Mr. HAMILTON, on the part of the prisoner, said, that be
could not concede to the motion for time.
The Crater JUSTICE 3,i.1, that as the Court were called
on to decide, they wished to hear arguments to sustain the
legality of the detention of the prisoner, under the warrant
for a contempt of the Admiralty.
The ATTORNEY GENERAL said, that he was not, at that
moment. prepared to say that such a right did exist in the
Court of Admiralty of England, but he would not then ad-
mit that it did not exist. It wag not a civil proceeding by
that Court, it was of a nature rather criminal. Though a
collateral proceeding might be for the recovery of the pe.
salty of 5Wf., yet it was of a criminal nature. The ques-
tion the Court was called on to decide was, is there, or is
there not a power in the Court of Admiralty of England to
execute its warrants in this country ? He could not say
that that Court had the jurisdiction, nor could he sty that
it had not. He could not even state it to be his own priests
judgment that it had that jurisdiction. They would,
however, be satisfied with any security he could give, to
appear either there, or in the Court of Admiralty of Eng-
land, when he should he called upon.
The Cuter JCETICE here proposed, that he should enter
into security to appear in a fortoight.
Mr. CRAMPTON, on the part of the prisoner, objected to
this as being inconsistent with his way of life, being a sea-
faring man.
The SOLICITOR GENERAL could not think the delay any
peculiar hardship, and instanced the case of Mr. Jos-
' tice Johnson, which he stated to be one oearly similar,
Mr. HAMILTON considered it a great hardship, if the
King's subject was to be flung with precipitation into a
prison when they could not shew that either Counsel or j
Solicitor I►atl been consulted on the occasion. The Court
would not allow a man to be kept in actual custody, or
constructive custody, to give gentlemen time to ransac
documents that were not heard of, or even alluded to. If
two bailiffs come here from molter country, and arrest a
man under a warrant, he has the right of the subject to the
Habeas corpus. The delay in the case of Judge Johnson
was not to give gentlemen time to look for arguments,
but that there were doubts as to the construction of the
Act. In case of another Habeas Corpus, any Learned
Gentleman may say that he requires time to look among the
she shelves a a library for some musty hooks, where he
may probably find some authority OR the subject, or perhaps
may require time to send over to England tor sonic black
letter documents; and this was the way in which the liberty
of the subject might be trifled with. The present might,
for aught they knew, be a hasty proceeding of the peace
officers who came over and took him into custody. The y
might have got the warrant to execute there, and out of
their own zeal, they might have stepped into a steam
packet and have arrested the prisoner here, of tilt it own
accord.

The Cntitr Jun.:cc said, that the Court would take time
to decide, but that the prisoner might stand out on his
own recognisances, to come in and aside the decision of
the Court.

Prisoner's Counsel agreed to do so, and the Attorney.
General consented.
HABEAS CORPUS.—Nor. 28.
THE XING U. MILLER.
_ _

The Court gave judgment in this care. Captain Miller
was in attendance. When the Chief Justice was abut to
give judgment, Mr. Leslie Foster expressed a wish that the
Attorney General, who was not then in Court sboull be
present. The Attorney General being apprised of the
intention of the Court, came into loud in a few minutes
after.

The CHIEF Justrtot said that it was quite clear to the
Court, that Alexander Miller should be discharged, even
if the warrant an which he had b•en arrested had been
legally executed.—The warrant should state the offence
committed, and for which he had been tried and convicted.
The offence with which be was charged was for contempt
of the Admiralty Court, in hoisting, wearing, and carry-
ing illegal c doors. This offence, from its nature, must have
occurred at sea, and of which the Admiralty Court received
information, but the warrant did not state any affidavit of
the fact. In the Court of Admiralty of England, it was
the usual practice, in such eases, to state on affidavit the
offence charged. In the First Vol. of Robertson's Ailuii-
r thy Reports, in the case of a ship unknown, it was laid
down, that there was no doubt of the power to arrest, bat

in the first instance, It was necessary that the warr
should be grounded on as atliLvit of the fact. to the
present case the warrant did not state the affidavit! it was
quite cl;ar, therefore, that Alexander Miller must be dis-
charged.
The COURT inquired if •the Keeper of Kilmainhain gaol
was in attendance ?
Mr. Dunn, the Keeper of that prison, rose, aril repli-d
that he was.
He was then required to bring forth the body of Patrick
Smith.

This man, whom he had igi enstody, stood beside hi:n is
Coort.

By direction of the Court. the warrant on which he Wl4
detained was read by the Officer of the Co wt. The warrant
wiis dated on the 10th of September; it st 'tett Ow tl.e
prisoner was a convict who had escaped from 31onetrhsn
gaol, where lie bad been under sentence of death, f.•r
Lavin maliciously, and feloniously cut ant
wounded Thomas lirunker with a scythe.
The prisoner was wilted what he had to sly why the sen•
tense of death which had been passed on Jilin should njt
be executed ?

The wretched man, in reply sail," what you please, ani
the mercy of God "
Ju•lge Jene—Let jittigwent he done on the prisoner
the County of Monaghan, pursuant to his sentence.
The prisoner was then taken out of Court by Mr.
Dunn.

He i• a tall and s!rong made man: was 'lintel as a
sailor, and was brought into Court in irons.

SPORTING INTELLIGENCE.

BETTING AT TITTERSALL'S—Dec. I.

RIDDLESWORTN.-5 to agst Reformer-6 to I 'last
to I agst Prucleence-13 to 2 agst Dan Carlos-7 to I
melt Cressida-6 to I agst L}rnessa— /2to I agst
to I agst sr to Sailor.

Dzany.-11 to 2 agst Swiss-8 to 1 not Reformer-10 to 1
agst Agnes--12 to 1 agst Ridicule—l 4 to I asst Cr.ssida —l4
to 1 agst Don Carlos-2@ to I agst Bansh.e— 33 to 1 agst
sr to Arbutus-30 to 1 agst Burly Burly.
OAKC.-9 to 2 agst Prudence-3 to 1 agst Lyrnessa-7 to
agst sr to Sailor.

ST. LEGER.—Ten to one on the field.

On Thursday last, as Sir Charles Dalrymple was out with
the harriers of Robert Newman, Rig. on the Downs, a..ar
East Bourne, his horse, which was far advanced in years,
dropped suddenly under him, and sitortly died on the spot --
Every exertion was made to save him hut in vain. W. und.o.l
stand Sir Charles was merely out to look at the hounds, a.; I
had not, by hard riding, distressed th..t animal, whim!. we
hear, was a great favourite, and remarkably quiet, either iu or
out of harness. —(Sessex Adr.)

A correspondent, referring to the notice in our paper
respecting the large turnip grown at Thorparch. says, that
some years ago an abundant crop of white Norfolk isirnius,
under the drill system of husbandry, weighing from 24 to
251hs. each, and managed in the common was. was pr )-
(lured upon the farm of Mr. Simeon Hunter at SPiertniro,
and this system is recemmende I to turnip growers.—(Leeds
Mercury.)
On Wednesday, in the Court of Common Pleas, Dublin,
Mr. Spiel, in an argument relative to a memer of accoos,t,
addresiing the Court, said, "My Lord, I shall demonstrate
' this point by a numerical
.• Mr. Ship)." said the learned and facetious Lord who
presided, " Let us have no more now miraclee."—(Dublin
Morning Post)
The retail Beer Shop, at Brighton, which had for some
time been closed, in consequence of the interference of the
Excise, has been reopened.—(Susser Advertiser.)
Mr. Comber, brewer, of St. Martin's Chichster, has
commenced retailing strong beer at dd. per quart. We hope
that no penalty will attach to these proceedings on toe
part of the brewers; but; we understand, informations
have beeen regularly laid against several, and forwarded
to the Excise Commissioners in London.—(Brigirtoo
Herald.)
A Brewer, within 209 yards of the Garrison of Ports.
mouth, has commenced this week, retailing strong Beer
at 4 per pot.—(Hampshire Telegraph.)
HORRIBLE ATROCITT.-011 Saturday week, a Incest
promising young gentleman, the apprentice of a respec-
table trader in Dublin, was sent by his master to the town
of Maryborough, for the purpose of serving a notice on a
person confined as a debtor, in the gaol of that town, that
legal opposition was to be given to his discharge from
prison under the Insolvent Act. The young gentleman,
while in the act of speaking to this man on the subject of
the notice, which be had delivered, received in his face, end
all over his person, a copious discharge of what has been
since discovered to he a preparation of quick lime and
urine; and as be could not have entertained any apprebe^-
sion of ill treatment in such a place, he was altogether un-
prepared for an attack of this nature, so that he recei red ,-i
both eyes, as niuchlas their sockets could contain of the tis e
tendons matter. Ihe consequence is, that his face and ev s
have been so burned, that the former is in a corn3lete take., .
and he is likely to lose the sight of the latter. He has
bet n since lying in a most deplorable state at the princip si
inn of that town, under the care of the Faculty. We
sincerely trust that the ruffian perpetrators of this outrage •
will suffer that condign punisbn.ent which their Nair
offence so richly merito.—(Carlow Poet) I
The following abominable case we extract from the
Scotsman: —Two girls, apparently about the age of Ism -
teen years, and of most engaging appearance, %era
brought to the Police Otfice, Edinburgh, for protection,
upon Wednesday last, under the following circumstance.,
They belonged to Glasgow, had both been in service,
but owing to some changes in the situatiun of their ma
ters, both were thrown out of employment. Happenin
to be together upon the streets of Glasgow, they
So s IVP e
di
accosted by a woman, (some pander, doubtless, e
guilty passions of the other sex) who engaged Beta so
conversation, and drew from them the particulars of their
history. She commiserated their case; sere after much
talk, told them that she could procure ear situations .4
the house of a friend of hers; a Mr y/ in
Street, Old Town, Edinburgh, tow out she would gise
them a recoinowndation, if they chose to accept it. The
girls gratefully acceded to the proposal, and set oat on
foot for Edinburgh, their hearts hewing high with joy
and expectation. They reached Street with much
haste; and there they observed a baker's sign, baying
upon it the same name as that of the lady with whuw
they were to engage, and which thry supposed to be tliNt
of her husband. Most providentially for them they entered
the shop to make proper inquiries; and there, to their
horror and astonishment, learnt that they had bren directed
to a common brothel. 'the good woman of the shop con-
soled them as well as she could ; and took the proper
means to secure them against the diabolical plan w hick
had been laid for their ruin, by placing theta under the
protection of the police. On Thursday they were brout ht
before the Magistrates, and wept bitterly, as they expressed
tbrir wish to return to Glasgow. Being both penny less,
directions were given to procure them a conveyance ho•ne
in the track boat by the first opportunity.

A FIRE-PROOF AND WATIR-PROOF CEMENT.—TO {calf f
pint of milk put an equal quantity of vinegar, in order to
curdle it ; then separate the curd from the whey. and
mix the whey with the whites of four or live eggs, hear-
iag the whole well together. When it is well mite',
add a little quirk lime, through a sieve, until it has •c-
-quired the consistence of thick paste. With this cemen•,
broken vessels and cracks of all kinds may be wenclrd.
It dries quickly, and resists the action of tire and water.