The Statesman.
London, England, 1823-11-28 00:00:00

• TIM .STAMMAN

ATTACK ON TES CORK AND DUBLIN COACH. .
ANOTHER ACCOUNT.
(FROM TIE CORI CONSTITUTION oC MONDAY).
On Friday night, about eight o'clock. a desperate attack
was made on the coach from Dublin to this city, vie Cashel,
which, we are happy to say has not been attended with the
loss of life, though the passengers, gaud, and coachman
were in imminent danger, and narrowly escaped.
The coach was going at it nasal rate, with the Hoa.
Captain Browne. and a female, who appeared to be &servant
with the coachman and guard, outside.—The eight was
very dark. and the coach lamps were burning clear, when
they approached within about fits miles of Cashel. in a part
of the road cut through a bog; four shots were fired together
at them from behind the ditch at one side of the road,
which was immediately returned by the guard with
one of his pistols; and the coachman, who,was only a short
time on the road, put the horses at full speed, but this
proved of no effect. for the road was impeded with carts,
large stones, Sec., and the coachman, to save them, was
olligee to Surd the horses to the side of the ditch, where the
coach got fast, and another volley was fired by the villains,
which was returned by the guard with his second pistol.
The Captain's servant jumped dow■ and opened the door
for his master, who made off, as did the guard with the
mail ; the coachman and the female in like wanner—the
former to obtain assistance.
During this time the fire from the attacking party was
not repeated; but, on the contrary, they made off, which
it is conjectured was occasioned by • supposition on their
part, that when the coach drew ap it was with the intention
of offering resistance.
Captain Browne made through the bog to Grange
turnpike, where he detailed the occurrence. and left
directions, should the coach arrive there, that he was
safe, and repaired to the house of a Mr:Mills, a short
distance off. The coachman hastened to Come houses,
into which he got with difficulty, and about twelve men
were procured, who went back, where the coach was
found without being disturbed. The guard, who bid with
the snail in the bug, and the servant, who was also con-
cealed in 'another part, came up, and by their combined
efforts removed all the impediments, and proceeded on to
Cashel. where they arrived four hours late, and where.
on examination, they found two shots had struck near
the boot; but the coach being shot-proof, they did not
enter. _ _ _ _ .

Here the greatest alarm was manifested for Captain
Browne's safety, the men at Grange haying omitted to
mention his be►ng there, and the coach arrived in this city
shoat eleven o'clock, all in the seine suspense. The feeling
that was excited on its arrival was most intense, lest any
mishap sho.ild have befallen Captain Browne ; . but we are
happy to state, that it was set at rest, by his reaching town
late on Saturday evening, in a chaise.
The object of the villains evidently was plunder, and
tbei- disappointment arose from cowardice.
The men who gave their assistance did so freely, and
their names have been taken down, in order that they may
be rewarded.

COURT OF KING'S BENCH, DUBLIN.
On Monday, Mr. Thonias Flanagan, of Sligo, applied
personally to this Court to obtain a conditional order for a
criminal information against the Hon. Henry King. He
hoped that the Gentlemen of the Bar would not be offended
at his making a motion in that Court. In doing so be
meant nothing disrespectfnl to the Hon. Gentleman against
whom he moved for a conditional order. He had consulted
We Speaker of the House of Commons, and the agent who
had conducted Mr. Spring Rice'► Petition, and they agreed
that be was entitled to twenty-eight days to enter into
resognisances. On the 13th day, however, the Speaker of
the House of Commons said, that only fourteen days were
allowed in England, and that fourteen days more were ex-
tended to Ireland. The Speaker then ruled a,ainst him,
and by-the-bye, he afterwards admitted that be dill not
rule very justly. He was aware of the necessity of coining
Into Court with clean hands, but lie would be a traitor to
his country, to himself, and to the inhabitants of Sligo,
who had entrusted their petition to his hands, did he not'
make the application to the Court.
Here the Court inquired of Mr. Flanagan, what was the
nature of his motion, and what were the gruands on which
it was made?
Mr. Flanagan said, that lie moved the Court for a rule to
skew cause why a criminal information should not be filed
against the Hon. Henry King. His motion Was grounded
on an affidavit which he held iii his band.
The Chief Justice.—Let your affidavit be read by die
officer of the Court.

Tke affidavit was then read ; it alledged that during the
election at Sligo, on which occasion the lion. Henry King
was returned 45 a Member of Parliament, that meet, drink,
and entertainment was given to several persons for the
purpose of influencing them to vote. for the Hon. Henry
King.
Mr. Flanagan then stated to the Court, that be held in
his hand a letter from a distinguished MeinVer of Parlia-
ment, which he would read to the Court.
The Chief Justice.—We cannot hear the letter read.
We will hear any arguments from yourself in support
of your motion, but we cannot permit you to read the
letter.

Mr. Flanagau.—My Lord, I wish to read the letter, because
I am anxious to state the reasons why.
The Chief Justice.—We cannot hear it. State the grounds
on which you proceed.
Mr.Flanagatt.-1 proceed, my Lord, upon the abstract prin.
aPple-sef the law. My motion is grouuded on the 25th of Geo. ad.
gimps. 29 and 19.
Mr. Flanagan then read extracts from the Act to which he had
referred, in support of his motion.
The Court refused the motion in consequence of its not hav-
ing been made within • reasonable time, and the atSdavit not
having stated the cause of delay.
Mr. Flanagan intimated to the Court, that he should apply
for an order against the Lacer of the Court, for having required
him to stamp a bit of paper.
RIOT AT MAGIIRRA.

Mr. O'Connell moved the Court fora conditional order for
a criminal information against James Spencer Knox, grounded
on the affidavit of Mr. James M'Master.

By the affidavit it appeared, that the brother of Mr. WV:Was-
ter had been killed in an affray at Maghera, and that a man
named David Kennedy had been accused of being one of the
murderers. Bills of indictment had been preferred against
him, and laid before the Grand Jury; the bills were ignored,
and, consequently, he was discharged without trial. Mr.
M*Master afterwards learned that some persons declared It
was David Kennedy who Bred the shit by which his brother
was killed, and several persons were ready to come forward,
and give evidence of the fact, and in particular, a Mr. Connery.
The affidavit further stated, that M.Master, being afraid that
Kennedy would escape, applied to the Rev. Wm. Mulleveia,
Mr. Rowley, and Mr. Wright, Magistrates of the County, for a
warrant to have him apprehended ; but they, not knowing the
difference between ignoring hills of indictment by • (nand

Jury, and an acquittal on trial, postponed granting the warrant
until the Bench of Magistrates was full. Mr. Knox was the
resident Magistrate, and on his arrival they agreed to take Mr.
Connery's depositions on the 2tith of August. When Mr. Con•
'nary's depositions bad been taken, bir.M.Master informed Mr.
Knox that he saw David Kennedy walking publicly in the
streets, and that as he understood he was preparing to quit the
country, he applied to him to grant a warrant to bare him taken
into custody. Mr. Knox refused to give him the warrant; he
told him that the Com t was then adjourned, and that he could I
not speak to him at all then. On the 18th of September he
again applied for a warrant for his apprehension, and was re.
fused. Mr. Knox then postponed it until the 18th, on which
day he said that be would tell him whether hn would grant the
warrant or not. On the 23d, he decided that he would takb
bail, but before the 2sd, Kennedy had absconded. It was Mr.
Knox who told Mr. M'Master that Kennedy bad absconded.
Mr. O'Connell, in concluding, stated that Mr. Knox and
the father of Kennedy were frequently seen arm in arm toge-
ther, and that they were on terms of the closest intimacy at the

dm.. Re was happy to made.. he said, that none of the
miserable reuses of dlsaentiots which led to the fatal result.
were introduced Into the alcarit; but that It was very properly
coollned to a simple statement of riots:
The Chief Justine.—Take a conditional order to show cause.
MIMS COIMS.
Mr. Hamilton, moved the Court for a Habeas Corpus. to
briag up Miller to know why he was not discharged from
the custody of the gaoler of Newest..
He moved the Court on the affidavit of Mr. Henry
Richardson, which .Fated that Miller was the master of a
vessel called the Jo:deice; that on Saturday last, about
the hour of five o'clock, be was arrested by two Peace
()Seers, and brought to a Police Office, where be was
detained that night ; that about twelve on the following
day, Sunday, be was committed to the custody of the
gaoler of Netvgate, on a warrant issued by the Court of
Admiralty of England, for Contempt, in having hoisted
illegal colours.
Mr. Hamilton moved the Court. oo the right of the
subject under Habeas Corpus, that the Court should as-
certain precisely on what grounds be was detained in
custody. He felt anxious in makiog this motion, as he
' understood it was intended to send him off by that day's
tide.—Order granted.
COURT OF CONSCIENCE.
Mr. Blackburn" applied to the Court for a prohibition
to restrain proceediogs in the Court of Conscience, on
the part of William Thomas. He moved, on the affidavit
of Mr. Staines, which stared that several summonses bad
been issued, dated the 20th of November instant. and
directed to William Thomas and others, which were heard
on Saturday at the Court of Conscience, before Alder-
man John Smith Fleming. The summonses were issued
at the instance of William Henry Archer, Edmond Nit-
gent, Cash, Semple, and Long; and were
for charges alleged to be payable to the Corporation of
the City of DeWitt, under colour of " Anchorage" and
" Slippage." The claim of the Corporation to those
charges was disputed, and the motion was made for the
purpose of trying an important question of right.
The Court—Take a conditional order.
Mr. Blackburn. inquired if the order of the Court
applied to the other cases?
The Chief Justice—lf the other cases are under simi-
lar circumstances, it does.
Mr. Blackburne—They are all, my Lord, under similar
ci rcu mats nces.
The Chief Justice—The Court allows a conditronal
order in all the cast s.

The King against O'Sullivan.
Mr. O'Connell requested permission of the Court to
address a few words their Lordships in mitigation of
punishment in the case of Timothy O'Sullivan, who was
brought up for the judgment of the Coen. The princi-
pals in the occurrence which led to the proceedings
against Mr. O'Sullivan, were Alexander O'Driscoll, of
Mount Music, and Alexander O'Driscoll, of Clover Hill.
It appeared that no message was actually given, altho'
one might have been intended, The second only was
tried. It was a ease unattended wits► any circumstances
of aggravation. The two Mr. O'Driscolls were since liv-
ing in the greatest harmony; and it would seem that, like
most domestic quarrels, both parties are sore to turn on
him who may interfere between them. He had also been
served with a bill of costs to the amount of MI. Mr.
Foote, the agent in the case, had inflicted a very long
affidavit on them, which, he stated, was not by direction
of his client; but be admitted that he had his sanction
for it.
Mr. Goold addressed the Court on the oiler aide. He
stated that the case was not attended with any extennatiog
circumstances. The prosecutor was a Magistrate and a
married man. Mr. O'Sullivan came up to the prosecutor
and asked him if he was to deliver a message to him from
Mr. O'Driscoll, of Mount Music, what notice would he take
of it ? The prosecutor replied, that lie wits not conscious
of having given any offence to Mr. O'Driscoll, of Mount
Music, and that if be did receive a message, he would take
finch steps as the law would allow him. Mr. O'Sullivan
then said, that his conduct was unhandsome and ungentle-
manly, and that it proceeded from wain of spirit; and he
afterwards boasted to three persons of the humiliation he
had caused him.
The Court inquired of Mr. Goold, in what situation of
life the defendant was?
Mr. Othiaco.—My Lord, lie is a Gentleman; he would be
very angry with me if I would say be was not.
Judge Jane then pronounced the judgement of the
Court on Mr. O'Sullivan. His Lordship said, that his
conduct was very reprehensible, particularly as the parties
Were connected by ties of blood, and that when Mr.
O'Driscoll very properly said, that he would appeal to the
laws of his country, he upbraided him in the public streets
with a want of spirit, and had not offered any atonement
for his misconduct. The judgment of the Court was, that
he should pay a fine to the King of fifty pounds, and that
he should he imprisoned one month in the County of
Cork, anilthe further imprisoned until the fine should be
paid.
JUDGMENT OF TIIE COURT IN BARON VON lIOFF-
MAN'S CASE.
The Cruse JUSTICI this day proceeded to give judgment
in this cause—he stated, that this was an application for a
writ of prohibition, to be directed to the Commis.iones s of
the Insolvent Court, to restrain them from adjudii acing in
this case, on the ground of the debt having arisen within,
a foreign jurisdiction, the creditor and debtor being fo-
reigners. No sufficient ground, said his Lordship, was
laid for such an application. The case ex-parte King in
2d Barnewrll and Alderson, cited in support of the applica-
tion, did not apply ; that was a case where the Court fetus-
ed to grant a mandamus to discharge a mirried woman
and there the case was quite different, for that was an ap-
plication for a mandamus which does not proceed upon the
ground of want of jurisdiction.
In this case we are desired to assume that it is impossible
for a foreigner to comply with the requisites of the Insolvent
Act; but without being satisfied why, or how we are to ar-
rive at such a conclusion, a mere difficulty in the way of Com-
pliance is not sufficient: it must be an impossibility. The
case referred to involves this dilemma, that there the Court was
called upon to grant a mandamus, which supposes a sufficient
jurisdiction, although there existed an impossibility to comply
with the requisites of the Act, in as much as a married woman
could not assign her property or execute the necessary bond ;
and that every ease becomes an authority against a prohibition
in the present instance. It is impossible to make a distinction
between a native and an alien insolvent. There may occur
eases where the property of the party cannot be assigned, as
in the case of an half-pay officer, which cannot he assigned, at
least has never yet been assigned. The Sth section of the Act
l and 2 Geo. 4, c. 39, says, in the most comprehensive terms,
Every person whatever in any part of Ireland."
There is no exception to be found to the prejulice of aliens,
and it is only by express exception or from the necessity of
e suss, (neither of which is here shown,) that a foreigner
can be excluded ; therefore the case must be allowed, and i■
our opinion with costs.
Mr. Justice BURTON observed, dirt a case had been cited
froin Jacob and Walker, which was an application for a
writ of ne mat regno. That law was, however, rtiisnn•
derstood the parties were butl► foreigners, residing in
Russia; and that sass decided, that were a debt was con-
tracted abroad, for which the party could not be arrested
there, he was not liable to be arrested here. And in that
ease, although the writ of ne exeat regno was at first
granted, it was afterwards discharged on that ground.
Another argument has been strongly relied on—namely,
that the material provisions of the Insolvent Art are in-
compatible with aliens ; and in proof of it, the Bankrupt
Law was relied on, as the Bank-iiiprAcr mentions aliens,
natural born subjects and denizens ; but that aliens are not
mentioned in the Insolvent Act. However, upon looking
into the Bankrupt Act•, it will be seen that the Act of
Elizabeth, which was the first Act, only mentioning
denizens and natural born sabjects; afterwards the Act of

James; and the laNt Act extended to all persons, " sh-n•,
&c. ;" so that it w;ll be found the provisions of thst Art,
and of the Inscolrrnt Act, are perfectly analogous—in.-I
that the present case comes precisely w;thin the words of
the Act, as stated by my Lord Chief Justice, which a►e.
"all persons in any part of Ireland." The last Act, 3 (leo.
IV. Ores a power to the Judge of the Insolvent Court to
dismiss the petition.

SHIPPING INTELLIGENCE.

MAL, 'November ST.—Wind W.S.W.—Crone down froth
the Ether and remain the Coneord, Leith, for Pernwnburn ;
also from Yr rmouth the Arno, Craw, for the Mediterranenn.—
Several vess,.ls are coming in from the River, names atpresent
unknown.

PORTSMOUTH, November 27.—Wind Sontherly.—.—Arrive.l
from the Downs the Lloyds, for Honduras ; John, for Trieste;
Reward, for Jamaica; Hebe, for Lisbon ; H. M. ship Ante-
lope, with convicts, for Bermuda; and Dutch man of wsr.
Courier, for the %Veit Indies.—Sailed H. M. ships Redpole and
Victor for Plymouth.
- •

•
FALMOUTH, November 28.—Wind E.S.E.—Arrived the
Sandwich Packet from Jamaica, and is placed under roarer,.
tine, in consequence of the death of one of the crew, aed a
passenger being now Ill.—Sailed the Melentho, Parry, for
Laguyra.—Off the Port the Plover, Weeks, from Oporto, in
14 days, for Londoe.—The Jamaica Mail, by the Sandwic
has not arrived, as it had not been fumigated when the post
left.

The Ann, of Dumbarton, from Archangel, wis on shore
near North Bergen, on the bth instant, without any person on
board.

SPORTING INTELLIGENCE.
BETTING AT TATTERSALLT—vov. 27.
No alteration since Monday last, and very little done.