The Statesman.
London, England, 1823-08-02 00:00:00

Dorrn. MAL, RAMMIA Tr, MMICOF ANDFOTIIIIIOIT,

Four Inside Colents. and 4asa ow:, by
R. A. MOUNTAIN ;ad Co! •
SARACEN'S HEAD INN. SILINNER-STREET.

INOW•HILL, LONDON.
THE full.ring LIGHT POST COACHES, Mails,
&r. set out from the above Inn :
The " Teleyraph,," Dover, Deal, Ramsoole. Margate.
Broad Vairs, Canterbury, &reediting, and Sandwich new
superior fast Coach. erery morality at a j past 7 o'clock.
—Ol (wilier, of the derided preferenee girea to the Te-
legraph Coach, the Proprietors arc determined no expense
atoll be spared to render it the first eoureyanee on the

tient Road.
Brampton, datham, Rochester, Graresetsd, Stroud,
Siltingbourne, Bakker,* 4 Ospringe, Morning, quarter
past 7, AT REDUCED PARS.
The " Royal Eclipse." Falmouth, Plymouth. Exeter,
Truro, Bodnan, Peary*. Ashburton, Totness, Dartmouth,
Weymouth, Dorchester, and alisbury. &eery morning at
7. through Hoeft**, Axminster. Bridport, Blandford,
Stockbridge, uStton, Basingstoke Hartford-bridge, !Back-
water Bagshot.
The only Day Coach to Weymouth. (driven through
nth two coachmen only.) through Bagshot, Batekreater,
Basingstoke. Orerton, Whitehurek, Andorer, Woodyates,
Cushmore. Salisbury. Blandford Dorchester, at a quar-
ter paid 3 9'clork he the moraingA
Packets Irani Weymouth to Guernsey,Jersey.Cherbourg,
St. Mettnev. S c. crery Wednesday and ,aturday afternoon
at 2 o'clock.
The " Union," Southampton, Lymington, T.yndhurei
Winchester; Basingstoke. Hartford-bridge. Blackwaler.
and Bagxhot new four inside Coach. every morning at S
°Watt ; arrives at the Coach and horses, and fine Inn
Southampton. by Fire o'clock. This is a most deligh(fu;
cnircyance to the Isle of Wight. Jersey. Guernsey, St'
Maloes, Barre de Grace, Cher burg, ,Ve.—The Proprietors
of the above Coach hope to r,ceire a continuance of that
support which has hitherto been experienced since the cons-
*tenement of the '• Union."
• A new Light Day Coach to Dorchester Ix 14 hours only,
through Buyvhot, 'Backwater, Basingstoke, Overton. Whit.
chnrch, Andover, Salisbury, Woodyeals, Cash more and
Blandford, at a }past 3 o'clock in the morning.—The Pro-
prietors of the abort Coach are determined no expence
shall be spared to render it the first conreyaitee on the Wes-
tern Road.
Balk and Bristol Post Coaches, through Chippenham,
Valor, Marlborough. lit own-ford, Newbury and Reading,
terry Afternoon at One ; arrire at the Greyhound Inn,
Rath, the London Toren'. Thomas Street, and Swan,
Bristol, early the next morning.
Coaches to 'Veils, Bridgewater,Taunton,and Plymouth,
at reduced Fares.

The " Umpire," a new Lirerpool light Coach, only One
Night on the Road, carrying Four inside. sets out Daily
at One ; ar•rires at Lirerpoot next Afternoon at 5, thro'
Woburn, Lathbury, Northampton. Welford, Luttcr•worth,
Mickley, Atherstone, Litehfield, Stone, Newcastle, Mulls.
ford, Warrington and Presto,.
Shrewsbury. Wellington and Shirnal Light Post Coach,
seer, Afternoon. Guarded.
Barnstaple and Southmolton New Light Post Coach, every
Monday; Wsdiresday, and Friday mornings, at 7 o'Clock.
The "Rockingham," Leeds Light Post Coach, sets out
erery Afternoon at Two ; and passes through Raldock,
Digglemea.le, Eaton, Duarte*, Stilton, Warusford, Stam-
ford, Greriham, Grantham, Newark, Tu.sford, Markham,
moor. Relford.liartry, Doncaster, and Ferry-bridge,ar-
rires at the Golden Lion Inn. Leeds, next Afternoon, at
a o'clock. in time for the Bradford. Halifax. Sktpton and
Huddersfield Coaches, at reduced Fares.—Drioen thrtinak
with four coachmen only.—Luggage and Packages only ad.
per lb.—Notwithstanding the uncommon expeditton of
this Coach, it is allowed to be the most agreeable and
cbmplete public eciareyance on the North Road, being
upequalle'd by any other.
Ilarrowyate and Ripon New Light Post Coaches erery
Afternoon, at 2. ti ix the Morning.
Glasgow, Lon;/town. Gretna-fireen, Annan, Dumfries.
Brownhill, Thornhill, Sanquhar Kiln. Canmoek. Kings-
will, and all Parts of Scotland, a Light 4-inside Post-
Coat` Daily.
Bridgeuurth, Wateart, Amesbury, Salop. and Holyhead
New Light Coach. erery Afternoon, at reduced tares.
The •• Express," its York,Searborongls, Whitby. Shields,
Sunderlawl, Newcastle and Edinburgh a New Light your
Inside Post-Coach. with a Guard throughout ; sets out
every Morning, by way of Newark, Redford, Doncaster,
Ferry-bridge, Thdcaster, Darlington. Northatkrton,
Durham, .1/or•peth. and Herrick, and arrlres at York the
wit Morning at 12 ()Work. at reduced Fares.—Drirex
t trough with 4 coachmen only.—Passengers f►nding them.
4! lees
_fatigued on the joarney. may rent tract time they
piece, and then proceed without any additional fare.

CHARGE OF MURDER AGAINST A POLICE

CONSTABLE.

--.5.--

(ABRIDGED FROM TILE WATERFORD CHRONICLE

IVATERFORD ASSIZES-COUNTY

On Wednesday last, immediately after the Lord Chief
Justice had taken his seat, Henry !Map, a police con-
stable stationed at Tramore, was arraigned in the *lsms
terms for the murder of Bartholomew Magrath, on the
14th of April last, at his house near Annstown, by shoot-
ing him through the head.
'f he deceased anti others, it appears, bad cut and col.
lected, on the strand at A nestown, or Benvoy, a quanti-
ty of sea weed, fur manure. The proprietor of the land
(Matthew Power, Esq. of Dunhill Lodge), conceiving
that this was a violation of his own exclusive right, took
possession of the sea weed so collected, His carts, when
an the art of drawing it away, were stopped by the coun•
try people and the manure rescued. Informations, in
consequence of this rescne, were sworn against the deceas-
ed and two others, before Henry Sargent. Esq a Magis-
trate for the county, residing in IVaterford, who there-
upon issued his warrant fur their apprehension, anti with
Mr. Power (the cotnplainant), went to the police station
1 at franwre, to direct Mr. Hely, the gentleman command-
in the police there, to seed a party to execute the war.
emit. It Was then arraneed that the party should go out
for this purpose at three o'clock the next morning ; but
subsequently, at nine or ten o'clock same evening, Mr.
Power, alone, called on Mr. Hely, and prevailed on him,
by certain representations, to let the party go out that
night.
To shew the nature of the transaction that occasioned
this appeal to justice, we select the following portion
of the evidence for the prosecution and defence, as suf-
ficient :—.leremiah Ilarley, a policeman, examined.—
Saw a maw whom he understood to have been called
Bartholomew hlagrath lying dead, at the wall of his
own house. He came by Its death in consequence of
being shot by the prisoner, Delap. Ile hail not done
any thing offensive to the prisoner before be was shot.
Had gone to the house of the deceased to execute a war-
rant
against him. Ott arriving at the house of de-
ceased,
the party demanded admittance in the King's
name, which was not granted. The demand was severs'
times repeated, but no answer was given. When wit.
nese first saw the deceased, he was lying on his face,
dead. Did not see him before he was shut. The body
was lying in front of the house, wider the window oat
of which deceased had come. Did not see the deressed,
or any other man, running away. SAW Delay tire the
shot; went immediately over the hedge, and found the
man lying dead. Had nut a view of the deceased when
he was fired at. Heard Delap, call out " Stop! Stop !"
pretty quickly—he did not add " in the Kin's
This was about a second before the shot was fired.
The party consisted of four, all armed. It was not
slay-light VI night was not dark, nor was it very
bright—it was a clear,
.star•light night. The party
had been twenty minutia or over at the house when the
shot was tired. They' desimented adinittanee homed'-
ately on cooling to the hosse—but no answer was glee*
I(rod within. Saw no person outside thee house except
, the party; two of them were.in the rem, atpl two is the
front; the prisoner and witness were Ilse two iu front.-•=.

Mr. Sargent was not cross examined.
Francis Bernard Bele, Esq. examined.—Got a war-
rant on the 14th April last, from fir. Sargent, who Came
to witness's quarters, accomp4qied by Mr. Power, and
desired witness to wtrke arrangements for the apprehen-
sion of the three men missed in the warrant. Witness
sent for Henry Delap, considerinz him as a careful, so-
ber, steady man, and gave hilts direction, to take out •
party to execute the warrant—at the some time giving
him a particular charge respecting Ntagrath, in conse-
quence of having been told by Mr. Power that Magrath
was a desperate, detertnine4 fellow, and a very bad cha-
racter. It was then arranged that the party shoild g.)
out ah suit 3 o'clock in the morainz, as the most likely
time to find them coming out of their houses. Mi.
Power, however, ratite to witness afterwards, alone,
about nine o'clock at night, and requested that the party
might he sent out that night to take the men, tie 14d4
learned, he said, since their former interview,. that fury
or fifty of the conntrx people were deteeniined to whams
bib early in the morning, to cut sea weed on the stran
in dispute, and he was anxious to prevent it, which be
thought might be done by having the three men arrested
that night, and thus intimidating the others.
When the case at both sides was closed, the Chief Just
tice intimated to prisoner's Counsel, that even supposing
there was aufifteitot provovation fur the firing, it was still
necessary to chew that tbe crime charted against the de-
ceased in the warrant was either treason, or felony, in
order to make out a case of Justifiable Homicide. This
had not been done—but it was certainly incumbent on
them to do so.

Mr. H.►3ltt.rox conceived, that though the word
" felony" was not expressly mentioned in the warrant,
yet the offence charged, that of taking the sc weed by
force, must he considered in that light. The sea weed
was certainly a chattle,and he submitted that takingof it,
in the ►uanner described, was a felony—being a larceny
with violence, which was the exact delinitioa of a
robbery.

The Counsei fur the prosecution at first dissented from
this construction; bur after some consultation amongst
the gentlemen concerned for 62 proacuution, they inti-
mate.' their acquiesence in theconstruction suggested by
Nr. Hamilton.

The Chief JUSTICE then addressed the Jury at consi-
derable length, and with much discrimination and impar-
tiality, in a speech for which we regret we have not space,
and the Jury retired to their room at a quarter before one
o'clock.

After they had been inclosed for some time, Mr. Ha-
milton pointed ont a passage in some hook of authority
(the title of which escaped Its), th- tendency of which
was to show that flight from the officers of Jus'ice was
legally included in the definition of resistance to the
execution of a warrant. In compliance with Mr. Ilitnil
ton's desire, his Lordship had the Jury called out again,
and explained to them, that in what be had said respect-
ing resistance, he did not mean to cordine the idea to
mere bodily opposition or violence ; and that a in the
cuss ()fillet, violence, tiring on the person using it might
be justifiable, if he could not otherwise be secured—so.
in the case of flight, there nigh• he a salicient jitstiliea-
tion fur firing at the fogitive, provided there were no
other means of apprehending- him. The Jury then
retired.

At a quarter before two the Jury again came into the
box, to inquire of his Lordship whether the prisoner
would be entitled to an acquittal, in case they should be
of opinion that he (the prisoner) thought be mill not
take the man without firing at him.

Ills Lordship said, that, from the circumstances laid be-
fore theta in evidence, it was their duty, and their peculiar
province, to decide, whether a sufilcient justification had
been shown for the act by which the man had been deprived
of life; and one of the principal and most material ingre-
dients in that important question was the consideration of
whether the man might have been apprehended othersrise
than by firing at him. It was therefore quite irrelevant to
consider what might have been the priioner's conception of
the necessity of toe case; it was not by what might have I
been his belief or opinion on the point (even if they had
any means of ascertaining it) that they wet., to be Raided ;
' they were bound to form their opinion of the necessity from
the ,acts stated in evidence, which lie need n ,t again reca-
pitulate to them, hut one of which certainly was (As a Juror
remarked), that the call to "stop" was by one of the wi'-
nesse% said to have preceded the shot only by a world—
though another had sworn that he had heard some one cry
out "there, he's off!" and that he heard the slit so ,:t
after. this Lordship then repeated some of his former on-
sorvalione on the principles by Which they should be guided
in framing their verdict, when they again retired.
At ten minutes past two they intimated that they had
agreed, end, on being called Into Court, returned a verdict
of Not (*tatty.
The Cam 11)STICr. beforelliachprging the Prisoner de-
livered hints*. f to the following effect :
" Reiter Belap--tbe•Jury, by pronottecing a verdict
if acquittal, have tkcideJ that the lift of the unfortunate

-h.:

•-•

" I am boom! to lament that Mr. Sargent, whose mo-
tives I have no dual); were perfectly fair and jostitiabie.
did not feel it necessary to iustitnte a more deliberate in-
riry into rite nature of the olince in this instance, 1),..
tore lie took so strong and decided a step—but I am per-
fectly sure that he must have Wen i&sted by es firti'raie4
representation., and I have no douht that he will be
more cautions in future. Tile cireunistanee, howevcr.
strongly illustrates the necessity ef at:endittz to th • re-
eommendalon which I lad the honour to address to tho
Grand Jury at the cotutaeneement of the Assizes, with
respect to the propriety uf frequently holding Petty Sits:
slops throughout the county. Tlicse meetinois seta 4t•
ford opportunities to the Itagisttates of coatiouninatio;
with each other, and of tioneerang means of co-op •ration
for the furtheyaace of public justice; they wilt Inspiro
the lower elate.* with respect fur the laws, by renderine;
their administration more public and less partial; and
they will piston end to the pertticioits practice of enter-
taining iu private the complaints of interested indivi-
diva's, who, by go!nc- into the clambers of magistrates,
have opportunities of iniposing on them by coloured, or
rather discoloured, repreentations, and thus rendering.
the depositories of authority auxiliary to shameful viola-
tions of the law.

" I perceive a considerable number of Constables pre-
sent, and I would wish them to attend to what I sac. I
have reason to believe, that heretofore they have ge u•- •
rally conducted themselves in a becoming ani proper
manner—and I mt•+t say, that lily hopes of the Ititnre
tranquillity of the Country are in a great measure found-
ed on a confidence in their continued good conduct. I.
trust, however, that they will reinemher this case; anti
that while, on the one Iran!, they fulil their duty in a.
fearless and nncompronri.ir•.g manner, they will, on t'io
other, he cautions to abstain from any unnecessary t tuel-
ty or harshness is its performance."
After a few briber remarks with respect to Mr. Wes
conduct, similar to those he had previously 41:livered.
anl on the danger of employing the PA, e on stuth er-
rands by night, except in extreme cases and under pio,ier
precautions, his Lordship concluded his very eloquent
and deeply impressive observations, of which the per.;
eeding is but a feeble representation, by ordering the
Prisoner to be discharged.

On Thursday night, about I I o'clock, as one of the
Clapion stages was proceeding along the Hackntsy-rold,
leaded with passengers, inside and oat, a ruffian jumped
up he:and and snatJhed a valuable shawl from a lady.
who was seated by the side of a gentleman in the dickey_
The coach was stopped, and an alarm given, but the fel-
low escaped with the property through one of the adjoin-
ing streets.

An Inquest was held on Thursday evening, loe!'oret
Thomas Stirling, Esq. coroner, at the 801 l and I,lst.
Kentish Town, on the body of Mr. Snlimrl Forsev.
sged 2S, late clerk to Mr. Skirrow, the btrrister, of
Lincoln's Inn, who, on Tuesday evening, was fould
suspended by a cord from a ladder against a hay-rick.
Verdict.—Temporary Mental Derangement.

At Oravesend, the beginning of this week, a lady, wh •
arrived there from London, missed her child, about two
years and a half old, tvhicli was supposed to have been
stolen by some gypsies, who had erected a tent in the
neighbourhood. On Tuesday evening, as wetter was
raising from a well, the poor infant was brought up, an,l
(wind dead in the bucket. The unfortunate mother.
when apprised of it, became almost distracted.
STRIPPING OP CIIILDREN.--Yesterday two female
children, on' fire and a half and the other four years of
age, daughters of Slr. Williams, St. John's street-road,
were decoye.daway from their father's door by a yoang.
woman, under pretence of going to buy cherries ;tad
gooseberries for them : a painter who was at work at an
opposite house saw them, and stupctiug her intention
he followed unperceived; she took them to Northamptor-
square, aiid tinned into a court in Smith-street, there she
began to strip th ; toe painter then pounced upon he-,
took her into custody, and gave her in charge to Jourdan
the constable, who searclmi her, and found sevral pawn-
brokers duplicates, for necklaces, beads, children's frocks,
&c. in her pocket. all of which had been pled4ed on th
two preceding days, and are suspected to have heel
stolen from children ; she was token to the Police oflic
Hatton • Garden, for examinatiou, when she gave her
is 'use Jane Bane. Mr. Williams, the father of the chil-
dren, attended,. and Amted that naany children in e
neighboar:wod had lately been robbed of their pellet; s.
hats. handkerchiefs, frocks, and necklaces.--11e p I.
toner was remanded till Wednesolty next, to give an
Plrtur ity to make further inquiry.

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