The Statesman.
London, England, 1823-11-25 00:00:00

TNE STATESMAN •

IRELAND.
(ORM WATERFOIIII CHRONICLR.)
The following communication, while it states an outrage
which must call forth the reprobation of the loyal and
peaceable part of the Community, affords at the same time
a gratifying proof of the good spirit and kindly feeling
which prev4il in the neighbourhood where it occurred—a
feeling which is alike honourable to those by whow it was
manifested and to the respectable gentleman who was the
object of it in this instance:—

" CARRICK ON SUIR, November fil.--About midnight on
Wednesday, the pretty little cottage in the garden of the Rev.
S. ()limy, in which he usually sits in the morniiig, was disco.
vered to be on fire. While we regret that the fire was evidency
malicious, we have the satisfaction to know, that the conduct
of his poor neighbours exceeds all praise; by their exertions,
the fire was got under in about ten minutes after it was first
observed. The lighted turf which was thrust into a corner of
the thatch could not have been there many minutes before the
alarm was given, and so little damage was done as to be
perfectly repaired in three or four hours yesterday. The
I object of the incendiary, as guessed at, was to consume the
informations taken by the Rev. Gentleman as a Magistrate,
which were supposed to be kept in the Cottage. When the
danzer was over, those who had started from their beds to
assist, obstinately refused all remuneration for their trouble
--at last they were prevailed on to take it; but to Mr.
O'Grady's surprise, he was no sooner down stairs yesterday
morning, than they came in a body to return it—declaring
that they only took it the night before, that his Reverence
might go to bed, as be seemed inclined to stay all night
srgning the point with them! Who, after this, will say
that the 1 'aver orders of Irish are incapable of attschment
or disinterestedness !"

LIMILIUCK, Nov 19—On Wednesday evening last, between
six and seven o'clock, two men, named Robert Vallence
and Laurence Lyons, who were placed as keepers on some
corn distrained for rent, on the lands of Tully, three miles
beyond the town of Kilfinan, in this County, were b srha-
rood), murdered—one on the lands, and the other on his
return frotu the fair of Alichelstown, within the hounds of
the cooi,ty of Cork. The following day Coroners In-
wrests were held at Alitchelstown and Kilfinan, and ver-
dicts of wilful murder against some persons -unknown
returned. Two brothers, nursed Welsh, of Tally. over
whom the deceased men had been keepers. have been ap.
preheaded, and are now in custody; and, from the exer-
tions made by the AI tgistrates and Police of that neigh-
boorhood, assisted by Charles Deane Oliver, Esq. Coroner,
there is every hope that the murderers will be brought to
justice.
A few nights ago. a party of insurgents attacked the
house of Thomas Fitegerald, of Banabanouge, near Croat'',
in this coun,y. They first broke several articles in his
house, and then beat, in a most dreadful manner, five nenaf-
fending poor Kerry labourers who were employed by Pitz-
ger.tld ; and after having thus abused them, they dragged
each of the Unfortunate men through a pool of stagnant
water. They were then obliged to set off for their homes,
though scarcely able to travel from the treatment which
they received,
A threatening notice, signed Captain Rock. was lately
served by night, on a man nansed,Costelloe, a mason, resid.
ing on the lands of Cragard, near Shanagolden, can.
Craning him to quilt his house and land, or else prepare his
coffin.

We are happy to say, that the Rev. Sir William Reade is
Nearly recovered frsen the effects of his wounds.
Yesterday, six persons were committed to the Connty
Gaol, by Sir Josiah Coghill Coghill, Bart., charge.l with
manufacturing and issuing forgeries on the Bank of Ire-
land, lie has been watching the manoeuvres of this gang
for a considerable time, and finally detected them on Wed-
nesday last. Four of the prisoners are from Waterford,
one from the county of Wexford, and the other is a tenant
of Sir Josiah's at Ballyduffe. It is said that they have
been pretty successful in throwing imitations of the 34)5.
note into circulation; and, as some of the gang are still at
large, the public ought to be on their guard against fur•
geries.—(Leinater Journal.)

COURT OF COMMON PLEAS, DUBLIN.
.................
LAWRENCII V. DEMPSTBR.

This case came on to be argued for the third time on
Thursday, before a full Court ; it has excited intense intrrest
in the County Tipperary, and especially at Neusgh where
the parties reside.

The plaintiff was recently an Officer in the Wicklow
Militia; the defendant is a Magistrate of the County Tippe-
rary. The plaintiff brought an action against him for
damage., which were granted by the Jury who tried the
case, at the last Assizes for Clonmel. The action had been
for false imprisonment. Some points were saved at that
trial both for the plaintiff and defendant. Plaintiff's
Counsel observed, it lied appeared in evidence that Mr.
Dempster had admitted to a gentleman, be had not caused
Mr. Lawrence to be confined under the Insurrection Act,
but on account of his personal insolence. He bad liberated
hint after the a .

The points saved for the plaintiff were," whether there
was legal and soiliciant evidence so as; to let in the defen•
dant under the general issue of the Insurrection Act."

The points saved for the defendant were, imprimis,
" whether the action was brought against the defendant, as
a Magistrate. was the same as that described in the notice
which bad been given;" and secondly, "whether it onght
to have been an action on the ' case,' instead of an action of
trespass' vi et armis.

Mr. Dogberry, K. C., contended at length for the plain-
tiff. and against the first point saved by the defendant.—
Counsel maintained that the existence of the Insurrection
Act, as the law, had not on the trial been sufficiently
proved to have been in operation in the district of Nenagh
at the time Mr. Dempster arrested, or caused the arrest of
Mr. Lawrence under the Insurrection Act; and it would be
recollected that Mr. Dempster had pleaded the existenceof
that Insurrection Act as his authority and justification for
the a t and imprisonment of the plaintiff.
Mr. Shell, with much zeal, cited several cases,they were
precedents, he observed, of great weight, and showed that in
this instance the prescribed preliminaries, previous to the en-
forcement of the Insurrection Aet at Nenagh, had not been
complied with as required by the law itself, for notice bad been
given only in a Country paper.
Mr. R. Moore and Mr. Geraghty, on behalf of the defendant,
urged the necessity of Mr. Dempster's activity as a Magis-
trate, and quoted some irritating expressions said to have been
used by the plsintiff to the defendant ; they maintained Ott
sufficient preliminary notice had been gives; that the operation
of the Insurrection Act was generally known at the time, and
the District,sufficiently proclaimed.
Mr. Sergeant Lloyd argued on the same side. He said
the proceeding was altogether novel, and afforded fresh
subject matter for Counsel. Several actions were brought
against Magistrates at the last Assizes for Tipperary ; but
the authority of Magistrates must be protected by law ; it
was indispensably necessary for the tranquillity of the
Kingdom they should be supported when exercising their
duties according to the best of their abilities, and within
the limits of the Act of Parlismeat. As to the objection,
that the preliminaries of the Act had not been complied
with, he considered it futile; that the exietence of the law
and the powers of the Act were defined and known, had
been distinctly made out ; the Magistrate, therefore,
was beyond all doubt justified in exercising his discre-
tionary power on the occasion in question.--Judgment
deferred.

The East India. Company's outward bound ship, Mar-
quess of Wellington, put into Siuson's Bay on the 3d,
and sailed again on the 17th August.

HAMMERSMITH AND SMALBERRY GREEN
TURNPIKES.

(From Me Mornsng Post.)
A very numerous Meeting of the Trustees took place at
the Park Horse and Talbot, on Turnham Green, on Satnr-
day last; they were convened for the impose of Letting
the Tolls on the High Western Road, from Hammersmith
to Smalberry Green, and in consequence of the late
decision of the Magistrates against the present lessee, Mr.
Lava:. arising net of the recent controversy between the
Israelite and Mr. Conserr, an unusually full meeting of
the Trustees was the natural consequence. These Tolls
were let three years ago at a rental of 3,5951. As a dinsi-
nation in the profits hasjheen sustained by the late derision,
amounting at least to 5001. a year, it was expected the
rent would /be thus much reduced. At two o'clock
precisely the aurtiun commenced to a very full auditory.
Tile Trustees put up thellates at 9,0001. LETT, the spirited
opposer of ConnErT and his principles, bid 51. At this
moment it was clearly perceivable that a severe contest
would take place. 'l'lle billings proceeded rapidly to
9,5001., when Lem addressing himself to the Ctiairinan,
said, it had been intimated to him that the Trustees did
not continue to hold him in their good opinion. If this
were the case—that it, if he had suffered by means of
eLPISTIZTT'e persecution, he would willingly retire from
the tlesseeship. The Chairman, however, assured him,
that the Trustees placed the greatest confidence in him,
and would lament to see his place filled by any one else ;
upon which Shylork, in a tone of self congratulation, said.
since ray character has not suffered by Comma-4 1 will
give you another 1001.: and after a severe competition he
was at length declared the Lessee, at a rent of 99101. The
Trust then complimented him upon his general good con-
duct, and LSVY retired evidently pleased no less with his
bargain than the good opinion entertained of him. It had
been ru:noured that Connirrat was to he a competitor, but
he did not appear. This is probably the largest rent that
is produced from any one Trnst in tngland : the increased
rent sees attributed. by !the Trustees, to the circumstance
of his MAJESTY having determined to spend so much of
his time at Windsor; the influx of people there will no
doubt be prodigious. The expenses requisite to keep
the roads in their raiment improved state is so enormoto,
that even the high rental will nit suffice. Last year the
expense exceeded ten thoniaMl pounds.

It will he in the recollection of many of our readers, that
the case of Samuel Woke, who was capitally convicted at
the last assizes fur Somerset, for maliciously shooting at
Lord Glastonbury's gamekeeper, was reserved for the
opinion of the twelve Judges. They have met accordingly,
and are unanimonely of opinion that the conviction is right
—the unhappy culprit was on IVedneaday made ectp.ainted
with their decision, by Mr. Hardy, the keeper of the
prison, and the execution of the unfortunate young
man will therefore take place on Wednesday next, the 26th
instant.

We are happy to hear that for some time past business
has been brisker at the Broomielaw, both iu the exports
and imports, than it has been for many years. Since
Friday last, fifteen vessels have arrived from Ireland,
loaded with oats butter and bacon. besides those that
have come in with potatoes and herrings from various
Scottish ports.—(Glaegotrehron)
Yesterday morning (Thursday, 20th inst ) when the
Court of Session met. John Clerk, of Elden, Esq. Advo-
cate, attended in the First Division, and presented to the
Lord President his Majesty's letter, appointing him one
of the Judges of the Supreme Court, in room of Lord
Bannatyne, resigned. The letter was read by Sir Waiter
Scott, in presence of their Lordships, and a great number
of Leading Counsels and Agents. The Court Room was
crowded to excess, and all seemed very highl► gratified
by the ;armour conferred on Mr. Clerk, who has for many
years held a distinguished rank at the Bar. Mr. Clerk
then retired with Lord Pitwilly, and sat as Lord Proba-
tioner, and afterwards reported a case to the First Divi-
sion. This day, we understand, be takes his seat as one
of the Lords Ordinary, under the title of Lord Elden.—
(Edinti rt rgis Sian)
On Thursday evening, three of the workmen employed
at the East Foundry, while in a state of intoxication,
hroke into a house at the East Port, inhabited by two
females—a decrepid old woman and her daughter. After
destroying, the greater part of the furniture, they then
assaulted the daughter in a most brutal and shocking
manner. Next day a complaint was lodged with Mr
Johann. J. P. and early on Saturday morning that gentle '
man, together with se►eral effacers, apprehended two ref
the offenders, upon the charge of having assaulted and
committed a rape upon the person of the young woman—
they are lodged in gaol. List night, another fellow made
an assault on the same house; and was secured and taken
to gaol.—(Dsradee Courier.)
Aw►ut. Vistrartost.—A few days ago, a woman in the
Church Oate, Longhboro', whose name we understand
was Gothard, went to Mr. Webb, to purchase a bedstead,
which he sold to her for thirteen shillings; she gave him
a one pound note in payment, when be gave her six
shillings and sixpence in silver, and sixpence in copper,
for her change ; some little time after, she went back to
his house, protesting he had given her eighteen pence
short in change ; Mr. Webb declared he had given her
fall change, stating, that he had given her two half
crowns, one shilling, one sixpence in halfpence ; the
woman again asserted he had given her eighteen pence
short, and we understand she said she wished she might
die in his house if he bad not. She was immediately taken
ill, and conveyed to her daughter's lodgings, where she
shortly after ;lied ! and we are informed, she never spoke
after she was removed from Mr. Webb's, and the change,
as described, was limed afterwards in her pocket.
On Teesday morning, at the House of Industry, Bar-
row upon Soar, a man of the name of Hull, who bad
been wounded at Waterloo, an I which wound bad recently
discharged considerably, felt himself sinking rapidly by
the failing of his appetite, begged of the nurse to give
him a little water to drink instead of tea ; Ire drank it,
and directly after, said to all who were in the room,—
" God bless you all, I am going to leave you," and
immediately expired.
On Wednesday morning, an occurrence of rather an
alarming nature took place in Kingfield Row, Calton.—A
chimney awe •p ascended the roof of a thatched house for
the purpose of cleaning a vent : he had finished his work,
but bad caught hold of the cop stones of the chimney top
while in the act of descending, when the whole mass of
bricks, stones, and mortar suddenly gave way, and falling
on the unfortunate sweep, hurled him down the roof.—
Along with the unmanageable load, hi was precipitated
on the roof of an adjoining weaver's shop, where he lay
enveloped in rubbish, but the cop stones with their weight
broke eighteen tiles, penetrated through the roof, and tell
on a loom. The weaver had providentially retred a
minute before, or he would in all probability have been
killed. The shop was tilled with dust, and the weavers
were in the utmost coosternatian, imagining the whole
fabric was tumbling down ; but their fears were at length
dispelled by the poor sweep crying for help, and infJrrn-
ing them of his disaster. He was helped off the roof
very much bruised.—(Glargote Citron.)

The following seizire was made near Wassail& by
Serjeant Wallace of the 2J dragoons, stationed at Horn-
sea, on the morning of the 6th inst. viz. three carts and
four horses with their contents. The latter included 55
half ankers of Iteneva, and spirits of Geneva, fooy half
ankers of brandy, 13 small ca'ks, 2 boxes te', and one box
of cards. They were deposited in his Mejesty's warehouse
at the port of Bridliag!on.
November fair, at Loughborough, was as large as
bas been known for many years, yet the abundant mer-
chandise exh;bl!ed for save, found fewer customers than the
tenders desired.