The Statesman.
London, England, 1823-10-18 00:00:00

-iNniONEMIIMI

EXE QUAKTER SESSIONS.
(From the Exeter Flying' Post.)
THE KING, ON TUB PROSECUTION OP JAMES TAYLOR.

AGAINST THE Rldy JUIIN KINGDON CLEEVE, D. D. FUR A

lIISIMMEANOUR.
Phis trial, which hat excited the hir:lie.t interest from
the situation in life which the defendant had previously.
filled, came on about half-past twelve o'eloch, the Court
was crowded to excess, and the feelings of cie auditory.
appfared of the most intense descripion. IV hen the prison-
er was placed at :he bar, while being arraig se (.lurinf
which the Town (leek, and the whole Bomb. were
affected,) he stood erect and pl. a led Nut
in a firm tone, and on the usual goes.tiou being put, as t
how be would be tried, not appearing conversant with th •
form of the Court, he applied to the heeper of the citi
prison, who stood near taut, and immediately answers t Vie

Lines:ion.
Mr. l'a ;en opened the proceedings by a manly and nen-
vous address to the Jury. lie then called
James Taylor, who stated that he was aged 16, and lived
in the Islam!. On Saturday evening last aboat S o'eleek,
he was standing near the corner of NOrth-Stret t. e;
into Mr. Pei.ny's shop in Fore-street, when the defendant
came up to him and off.rei him a pear, saving. my
boy, here's a peer; which he to .k.—if. had 'seen
the defendant before, havirg met him in the
Vore-sercet about a month hrf -re, svlr'n the defendant gave
him 2-I. to take a note to the Conuott I tin. Ike defei d .nt
then offered lam tiaree inner pears, saying he could no- e
them himself. anal desired the witness to pin them lan) his
pocket. Defendant then said he was going hone. As4ed
the witness to go with him. Winless said he would, and
erossid the street and went down South-street with him.—
Some part of the way he walse.l b-hind him, and a' onier
times by his si le. Just as the witness came to lir. Brake's
house, the defendant put his left hand on the witness's
bill/I.IIIAPI'. The defendant said hotltlng until he came to
the Friarsnsalk. When witness carne to tise ranks lie saw
three gentlemen passing. 'Fite defendant then asked We
witness his name, and who his mas:er was. The witness told
him. The de featlant Shen asked if In• tv• s in a regular siltlae
lion. The witness told him he was for :he present, but that he
believed his maser was going to pet his horses at a livery-
stable, and then he shnuhl leave him. The defendant then
said, that if he should hear of a situation be wont.'
call at his master's and let liiin know. The defendant
asked what wittiess's father was, and where he lived. Tne
witness told him. Jest as they came to racks aboat the
middle of the Friars, defendant put one hand across the
witness's shouhlers4and the other into his waistcoat pocket,
and kept it there three or font. minutes. He then took it
away, but con'insten to keep the other on ids shoulders.—
After a short time (here witness described further liberties
which defendant look with his person), witness then waked
off. The witness Nether staled that thine gentlemen,
dlessts Tanner, Hera, and Furlong, were walking at the
time on the Friars, one of whom, .11r. F ran after him,—
W hen the witness came bank, they were ',king Dr. Cleeve
sonar questions, and reproving hint for being out at that
time of the night is ith the si;tiiess. Utica-taut said to the
gentlemen he hail seen th- n inn ss on the Saturday before.
The witness naln the defend tilt it was false. The defendant
still continued to say th it he had seen the witness, but
one of the geoleusel said he might be mist k m in tea
person. The witness dues not know where Dr. Cleeve
1. yes.
Cross examined by Mr. Commune—Dr. Ilene and the
witness were straog r • ; he did not know who Dr. Cleeve
was when he spoke to bite ; be recollected having seen the
Doane at the Uni School, knew him by his hat to be a
clergyman; was looking into Penny's shop when defendant
spoke to him ; lie had a few minuTes before been purchasing
fruit. lid not see the Doctor before lie offered hint a pear
—it .rat aviation night, there were a number of people
shout—had nut the least idea fur what he asked hint to go
`..10111,. Many people %vers.! in South street ; walked •
moderate pace: does not know that Mr. Cleve is afilicted
with the asthma, Vie defendant leant on him, they were
*bunt halfnvay down the racks ; did not see the gentlemen
until they passedi the witnes. Isosthinks that tae Doctor
did not hear them; as the gentlemen were passing the
second time—(witness again stated particulars as before.)
When 1 walked away, Mr. Furlong said, My boy, come
back, you shall not be hurt. Does not remember bring in
a shop is here they sold crockery ware, and seeing Dr.
Ulcers there. Witness tol l the Doctor his father was an
invalid and had sore legs.
By the Itgennut:n —The witness cannot say whether
t was very dark, does nit remember there were any

I maps.
'1 he second witness called was Rowland Nevi t:, a smith,
aged seventeen —Was i i toe Fore-street on Saturday cven•
ing I,st, about eight o'rl a:k, with his cousin John Nevett,
near the corner of North street; 544, Lr. Cleeve and a
stranger with hint, whom he did not know ; it was a boy ;
witness was stawiently near to know him again t has seen
that boy since ; it was the last oitness. Saw Dr, Cleeve
give him something., did rot know whether it was apples
or pears, it was as much as his Ih.thl c mid grasp; saw
them cross the street; the witness and his cousin crossed
after them ant followed them down on the Friars. Just
at the opening of the Fri eras met three gentlemen, who c one
ep and said something .4.1 r. Furlong, Mr. Bern, and
another gentleman whom witness did nut know. In conse-
quent e of wit it passed went through the avenue that It ads
by Bale's linos,,, the paMter. When witness came out on
the Friars, lie met the other gentlemen. The Deter was
close against a rusk in the middle of the walk. When
witness came op,llie gentlemen were talking to the Doctor
and first witness.
Cross-examined by Mr. Consitince—Curiosity made os
follow Dr. Cleeve, as we saw the Doctor give the boy fruit ;
followed him because we suspected something wrong
was going on ; had heard a bad charat ter of the. Doctor
the three gentlemen overtook the w.tness and spoke to
him. Mr. Tanner and witin as took one road and hi,
Cousin and other Beutletuen the other, and met on the
Friars.
By the Recono ER—Saw defendant and boy walking as
described by first witness, down South Street ; saw them
pass Mr. Brake's house and turn the corner, bat was
not near enough to see whether the arm of either was on
the other.
Julio Nevett beard the evidence of last witness, which is
true, but knows nothing further.
Cross-examined—Never heard any thing against Dr.
Cleeve; does not know where the. Jet-Mani lilies,
Mr. James Jones fanner was walking the Fore Street
with Mr. Furlong and Mr. Hero ; wt,ile they were stand.
ing near Watson's shop, opposite to Penny's, they saw
Dr. C. give a boy fruit which he had just purchased;
after a short time the Doctor and buy crossed, and
went down South Street, on the right side; we followed
them on the left to the Friars ; did not lose sight of
tivm; in the first part of the street, the boy walked
at a short distance behind, but when they came to the
descent of the street, they walked 'side by side ; they
walked rather fast; when we came to the Friars, I walked
with the tallest of the boys and went through the ave.
nue by Gale's, the painter, to the Friars walk, when we
cave on the walk, we sent the boy behind the racks,
but we continued on the walk ; saw defendant on the
walk, but could not distinguish how they stood ; but
passing them again, it seemed that the Doctor was hiding
the boy from as ; returning the second time, the buy was
walking away on to the further end of the path ; we then
determined to speak to the Doctor, who was moving to-
wards us. Mr. Bern spoke to him, and said he thought it
very improper fur Dr. Cleeve,
of England, and at his time of life, to be or'
and asked his motives for being there. The .
as a siiiii,ter of the Courelt
had seen the boy the Saturday night heft

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Pit with a buy.
Doctor said he
fore, and the
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he boy hal told Mm be waittid a sitnstion, and that he
Intended to get him one. The bay contradicted ilifn,—We
recommended him to vo home, and no: make himself such a
beast. The Doctor said nothing,
Cross-examined.—liss lived in P.xeter thirt'en years ; is
a leather dresser ; had hnown Dr. t:leeve some time; did not
know he. wan Rector of a parish in Exeter; had beard be
Was in distress.
John Taylor i 4 is constable ; he apprehended Dr. Cleeve,
who resides near the Penitentiary ; wonld co down South-
street, and pass th•• avenue that leads to the Friars, to go
to the Doctor's house.
Cross-csainined.—Fonnd Dr. Cleeve in his house ; has
beta I be is distressed; hits, he believes, a family ; there
is another entrance into the Friars, at the bottom of the
walk ; does nut know the Doctor is afflicted with the
asthma.
Mr. Cotcnincc rose, and riveted the attention of the'
wlinle Court, by his very forcible appeal in behalf of the
'unfortunate man at the liar. He contended the charge had
rut been borne out by the evidence, and that he was enti-
tled to an acqui•tal.
'the Rccon nen, in a most impartial manner, summed
up by the evidence, and, addressing the Jury, desired them
to put out of sight the condition in life of the prisoner;
end, dismissing all former things from their bosoms,
cleeide by the evidence, and that alone, which bad this day
some before them.
At abo.it four o'clock, the Jnry not appearing likely to
svree, were loeked up; the Coort continued sitting till
rear six o'clo•-lc, when, finding they still disagreed, it was
nrljoirned. The front of the Guildhall, and the avenues
of it, were crowded with persons to a very late hour, and
many lingered round it through the night, anxiously ex-
pecting the determination of the Jury. The Court reas•
sembled this morning at eight o'clock; the Jury were
sent for by the Recorder, also asked if there was any point
which caused doubts on their minds, in which he
could assist them, and, upon being answered in the nega-
tive, intrinned them they must again retire till they were
unanimous; upon sr! ich, after a few minutes' consalta-
lion, wishout leaving the box, they returned a verdictof
Yid Guilty.

INSOLVENT DEBTORS ACT-LANDLORD AND

TENANT.

What follows may not he new or extraordinary for law-
yers, or practitioners in the Insolvent Debtors Court, but
we are sure there is a class of readers to whom it will be
novel.
Some short time since, two persons io this county, of
respectable rank in life, held two farms in joint tenancy
from one Landlord, one of which, rfrom the fall of price',
and the consequent deterioration of landed property, not
only had ceased to he an interest, but was a source of con-
tinual lose to the tenants ; the other, either from its being
lied lat a lower rate, or from the locality of its situation,
vie:fled them a profit of about NI. per annum. This profit,
liowever, did not cover the loss which they sustained by
the first farm, and the parties, upon deliberation, resolved
to render a surrender of Loth to the Landlord. They ac
cordingly came to Cork, where the gentleman resides,
stated to him, and their wishes. These, however, would
nit be complied with—a surrender of the good farm would
accepted, but nth the losing one the landlord would
Lace nothing to do. The offer was subsequently repeated,
tile hardships of the case represented, and every reasonable
r-muestranee made use of, in order to obtain an acquies-
cence in what was considered, under all the circumstances,
‘e-y reagonal.le request. All was fruitless : the Land-
lord was inexorable; lie would not release the tenants.—
In this •itoation, and finding that they would be eventually
declined by being kept to the farms, they resolved to take
the benefit of the Insolvent Act, and went to Dublin in or-
der to go through tint ordeal. Their petition was accord-
ingly filed, and being c tiled on to be heard before the
Commissioners, the Calmatl for the Landlord then offered
to accept a surrender of both farms; to which the Counsel
for the Petitioners objected, saying, that his clients bad, in
a spirit of fairness and equity, tendered a surrender of the
good as well as the bad; but as it had been rejected, let the
Landlord now seek his remedy. The ease was then gone
into, and the result was, that the Petitioners were diseharg-'
ed upon surrendering the bad farm only. The good one
they retain, arc still in possession of, and likely. to remain
so. —Talk of the Legislature refusing to entertain a project
for the revision of Contracts, indeed!—Why here is a revs.
sinn as working and practical as could ba effected by twen-
ty Acts of Parliament.—(Cork Southern Reporter.)

-----
A singnlar imposition was practised on one of the
Ministers of Ayr lately. A collier of the name of Clark,
after being proclaimed regularly on Sunday preceding, on
a girl of the name of Brant, procured a certificate of the
14.4t:lamation. and with it went to the minister, attended
144 by the expectant maid to whom be bad been thus pro.
claimed, but by another, more favoured or more importunate,
of the nameof bic.Culloch,and succeeding in passing the one
for the other on the unsuspecting clergyman they were actual.
ly married with all the accustomed forms. This breath of all
Cut is sacred and faithful is not to pass with impunity, for
the deceiver has been very properly taken up, and bell to
hail, to answer for the imposition thus practised.—(Cele-
donjon Mercury.)
Jew versus Ogxruc—A question, rather singular in
its nature, and of some importance to the clergy of the
establishment, is, we understand, likely to famish em•
ployntent for the gentlemen of the long robe. It is well
known that a severe contest was a few weeks since carried
cn in the parish, but confined to resilient householders.
Ultimately a reverend gentleman nas found to have a
tasjority of four over his next competitor, and declared to
hr duly elected. From this decision, however, an appeal
Las b et) made by means of a bill in Chancery, it being
alleged that certain gentlemen of the Jewish persuasion,
whose votes were reject, d at the elt.ction on account of
their religious opinions, were perfectly qualified to exercise
their elective franchise. Hail their suffrages been received,
it is contended that the unsuccessful 'candidate would
have unquestionably carried the day. It is also contended
that Homan Catholics, in similar cases, by the common
law, most enjoy the privilege. It is said that an eminent
of the Croup, to whom the case I,as been sub-
mitted, has given Isis opinion decidedly in favour of
t•e Hebrews; should the Chancellor's &mists eventually
settle it.to the same opinion, the result, should the con-
wilding parties be alive at the time, will of course be a
fresh ciection.—N. B. The Old Jen ry constitutes a part of
the parish.

CORONER'S 'NO:EST.-1r consequence of the very sodden
death of Mrs. Eleanor Jane Maittaiid,the wife of Captain
Maitland, and daughter-in-law of General Maitland, on Wed-
ne•doy last. an inquest was yesterday held, on view of the
body, by Mr. Stirling, at the Pitt's !lead, Cumberland-stree',
Poranaii-square. From the evidence it appeared that this lady
was only ti years of age. and had been safely delivered of a
son about three weeks air, but had silica her accouchrotent
been doing remarkably well. On the nunniog In question a
aete was xis en her from Gen. Maitland, the contents of which♦
so tar from being al..rming, were of the must soothing and
satisfactory nature. It was addressed to the deceased by the
0.-nerai, expiessing his anxiety for their welfare. and earnestly
oishitig to see the nee-tined sad tt!ti infant, since her aecoucue.
meat ; he however said, he roust that pleasure until his
evturn to town in a fortnight, as, should he wait until she came
down into the drawing room. he would be obliged to travel
annoy hours in the dark; he hoped teat God would preserve
therti both to comfort each other. After reading the n de, Mrs.
Maiiland took some gruel, and was shortly afterwards taken
♦ ill. and expired be'orat medic il assistance, Ih..ugh immediately
Sent for. could arrive. The nurse had pirtakea of the same
true: without experiencing any bail effects from it; and it was
the o,'i..inn of the tardiest gentlemen that Mrs. Maitland's
r•eath had been cau.ed by a spasmodic offection.—Ttie Jury
rotor:led a verdict of—Died by the visitation of God.