The Statesman.
London, England, 1821-03-27 00:00:00

'JURY COURT, RDINBURCIL
-Nap-
lisawx r. wt>K~rbutta.—anatsatnox.
On Thorsday last, a case was tried in this Cotirt, ra-
ther of a singular nature; and which excited eatables.-
able interest. It was an action of damages for defama-
tion, in which James Brown, formerly stabler, niter re-
siding in the Hrassmarket of Edinburgh, wag pursuer,
and AD. William Wintour, Diary Clerk in the Excise
°nice in Edinburgh, Alexander and Jobb Wintour,
painters, his sons, and Charlotte Wintour, his daughter.
were defenders.
This ease arose nit of the following circumstances:—
The late Mrs. Miller of Breamlam' a Sister of the de-
ceased Francis eltNah, Esq. of Macnab, died several
years ago. She was a lady of rather peculiar habits,
and one of her peculiarities was, that of having various
places of residence, in which she stored considerable
quantities of antiqnated furniture. She had a house In
fladdington, well furnishes; she bad a room in East
Linton, also furnished ; and it was supposed that she
hail likewise a room in Igdinhorgli, w loth waa stored
with furniture.—Another peculiarity of this old lady was
a desire to lire separate from her family, and they were
in a great measure ignorant of the situation of her
affairs at the time of her death; hot intine;liately after
this event they got possession of her property in [fad-
dington and Linton ; and souse time after this her two
daughters commenced an inquiry relative to the room
whirl. it was supposed she bad in Edinburgh, ito
which she had deposited a consideratole quantity of
furniture, tx.e.
In the course of this inquiry Misses Miller called up-
on the defenders, inquiring after their mother's room,
and thee afterwards presented a petition so the Magis-
trates. Edinburgh, praying for a warrant to preeog-
nosce witnesses: I'lliter this prerognition. three of the
defenders were examined before the Magistrates, lint
the Misses Miller did not press the investigation far-
ther. Almoitt two months thereafter, however, the pur-
suer raised his action of damages. in whirls lie called
the Misses Miller, and also the other defenders, and con-
cluding for WSW ;tentage..
The t am. came to depend before Lord Ceixt:t.rrtc,
who, in the course of the proceedings before his Lord-
ship, pronnotiserol the lotion ing ititerioctoso on the
of May, 1t..211:—•` The Lora thtlitiary having ail% isrol
the memorials for the parties, %%itll the conolescen-
deuce and answers, and revised answers for pursuer and
defenders respectively, before farther proredoto
the pursuer to state more precisely than lie bas done
whether he Betties that Mrs. Miller ever tool; a in
his loose. and cause there to live. bringing with her
furniture..'
In conse.ptehre of this interim-weir. Mr. Itrnwo parr
in n minor, in which he pointedly deided "That Mrs.
Miller vier tooooli a room in the pursuers I se, awl lie
farther denied that she came there to live, bringing with
her furniture."
Ihe case aas then sent to the Jure Court by land
Catsctrrir, and the follou ing are the issues upon which
the parties went to trial :
Whether at Edinburgh, in the months of July, .1 it-
gust, and September 1%1 7, %Valliant Wintour, John
Wititattr, Alexander IV intnur, and Charlotte 11 intour,
defenders, did, falsely and injuriously, say to Miss
Elizabeth and !Allies Miller, daughters of the late Iti•
chard Miller of (binder Bank,—to 31.. re Robertson
or Ranson, residing in Canougate, rolitiltotrgh,—tn
Mary Macval Iwo, nifeofDonald M areal Witt, cow feeder
there,—to M rs.Nturrav, residing in liratswarket,
Ediu-
A gnes tiratiger, at West Port, I.:dial:tit frit,—
to Christian Sinai lur Moyes, wife of J. Moles, builder,
Etlittloirgh,—to Andrew Crumbie, solicitor at law,—to
James Miller, meal-olealer in liraasmarket,—to Mrs.
Miller, wife of the said James Miller,—to James
Lairs/. resiai sag Usasaantarket, itlatiobstcaterso
to William writer in P.dittburgh,—or to one or
other of the said persons, that Mr.. 1111 er, the widow
of the slid itirhard Miller, at or :shout Whitsunday,'
took or rented from the pursuer a r or
iodizing is a I.m:se the property of the pursuer, in the
.ntarket, Edinburgh, and Navin. strilOsitctl in die
said room or hool..ing, a quantity of furni tore, and other
►.olnable proopprty ; that the pursuer did hit ak into the
4,11.1 room, and dial abstract nr stea', or secretly carry
4a av the idiot.• or the gre..ter pat t of the said furni-
ture .itt I property from the said room, or did use for
utter words t o that ellect, to the injury and (Lunage
of the it.siel rimier ? Or
Whether it is trite, that the %Col furniture nr pro
pert v was deposited in the said porn or hoolfing by this
said 111.4. 1. i!ier as aforesaid and was in tart all-
•tracted, stolen, or secretly carried :may from thence
b. the porsoter
Whether the said Misses Elisabeth and Lillks ;
Mirer having, on the 111th of September isl 7, ap-
plied by prlitiet to the 11agiststres of Eiinhurgh,
to have the said defenders judicially examined. the
said defenders having a few days thereafter beet cited
to tippets before the said Magistrates, dial, in presence
of a number of persons then anal there sue:Odell,
falsely, malicion•ly, and injurionsly, and without rea-
sonable and prohible cause for believing the same to
he true, State to the said Magistrates that the pursuer
did break into the sail room, awl did abstract or steal,
or secretly carry away the whole or the greater part of
the *Ai,' foruiture and property from the said room, or
did use or utter words to that effect. to the injury and
Idamage of the said wormier ?
Damages laid at 3000/.
The case was opened on the part of Ott pursuer by
11r. Fet.Lanitiv, and a number of witlesses went exa-
mined in support of the pursuer s claim for datna.tes
in eonscqueoce of the alleged defamation. He called,
in particular, foot' witnesses who had been lodgers sir
tenants in the very stair where Sirs. Miller had her room,
anal who puitively swore that trey occupied the room
during toe period is questioa, and that no such per-
son as Mrs. Miller resided there. not in the (worse
.if the pursuer's proof, some circnsustaarea transpired,
which seemed to leave little dealt% that this mai Lady
must hare had a room in the pursuer's bailee.
Tae Jury were these address...don the part of the
defender% by Mr. Moscato'''. when a great variety; cif
witnesses from different parts Of the country, sad from
all the different ranks of life, were examined by the
deluders, who clearly proved that tits old lady, airs.
Miller, had resi•leil the house in qtaestion.
Mr. Jamie then replied on tit.- part of the pursuer
and tete evidence was sammeol np by the Loan Cuter
Cost UtlialOhellt. The Jun.y retired for a few minutes,
and returned with a reediet in favour of the defenders
von the Beet and third issues, and finding the Grit''
I,am of the ilernti,l issue proved, but the second part;
.suit ittNPOTIL Hy this verdict the defenders were en-
tirety abotolvell frutta the pursuer's claim fur datuagtet.
• Ate Court was crowded to excess, and the trial
01sted from teu in the morning till eleven o'clock of
The account, that has apierta.etl in several of the
,Ai I vet paper*, of a noir ler in Fair .Mi le Bottoat, two
tiles f:atu Arantirl, is destitute of faandation.

1U!!li1•M/.

NAUTICAL iNIFILLIGENCIL
Fat. 16::z—Thellrgiala4 Aril
Mate to St. Thalami, whit hooded asd platiaitrini otL
2341 ult. of 460 donblouns, off Cuba, by as armed
pilot boat bnilt schooner, full of Ikea.
BRAKE. MARCH 14. —Great Ott of the cargo of
the bland, lionises, which wer stranded near the
beacon, Las been saved. The vetowl ii goat to piece..
FaLMoryn, Marto a 23.—Arrived here yesterday
the Rapid, Hughes, from Demerara for London. til.e
has experienced very severe weather ort ber passag....
On the Ist inst. in a violent gale, every. article wa
was carried off the deck, together with the mate an 1 •
two seamen, arid all efforts to save them were uselea:.
Part of the cargo (rittio, sugar, and coffee) of the yea,
sel was thrown overboard ; the remainder it discharg
ing.—The City of P..linburgli, which pot into Scilly
in Oct. last, is so far driven up oti the beaar, by the
very high spring tides in that mon h', that it is fontall
isooposaible to remove her without dieelosrgiug bee
cargo (timber).—A seloonoer is reported N kayo
%mock on the rocks, on Wednesday night lie, near
the Lizard, and fennolereil. The ellen' ire said too
have taken to the boat, lite no further partictilari are

-•••

known.
51.t4c1i 25.—The Lady NePein spolst:
the Kachael, Chaffs-kit, front Hull, bound to limn-
burgh, all well, abreast of Cushaven ; the Elbe free
front ice.
P.ota, Pei. 9.—On the 6th inst. returned here, the
Portuguese schooner, Mosquito, which tisti!citl 25th
nit. for :11aranlisto. Within a few leagues of th:it
city she was Itar,!ell by a brie privateer, of 11 pH 4
and about 100 risen, the officers end crew I'llieffy
!French. Tbey rut ar•ay her mainittsst •nil pill 4.41
her, anti the privateer then prop styled oS Maratha;:•,
to capture vessels front thence.—This day at-
, rivet' here, the Southern Trailer, Amerit•an ..chootirr,
front Pertianslotro s'e fell in %%lilt the saute
?err, utol was informed that %be hail captareil
I'ortulrtr+r and sunk mate of thi tn. We IIAVI!
als•t i IlfillrMlat III:1 of her having► taken 110 tugue,e
property front on i,,►ard ;,u F.. 1411.11 vessel Kuing front
Serra to Pertmit.bleo. :ails from St. I.SArtlio-

The Jii4l:ei, of the 11'4°1.s-eat Deleors Court are ;•rn-
reeding on a plan which is likely to check the au-
prineip!eil career of persons who villain credit, and de-
fraud traileguem, witimut possessing any rational
meats of payiti; elost they out. Whercree it Ist
proved that fahchood Isas been practised, or that dis-•
ties, has come on except by anavoidahle Arcata-
stancmi, the Clout has condemned the Petitionees for
relief to continued imprisonment fur a term adequate
to the deception they bate practiled. Yesterday three
persons R ere contlerhned, one to 12 *With*. one to nine
months, and one to eix months itupeitionitsktit.
.I.m.vern Mra..4:11 ov a NT NIS
For tome time ;last then. has lived at llayil a Green.
iu the parish of Itothivell, near Leeds, a family of
the name of Hat hot. Ilan Satur•lay night, James 114r-
her, the lins'eanil, comi Lined of being in iisposed
cold ashen his wife roasted him au apple, and gave it
hi. to eat. Sonn after eating the all le he hecitin
extremely ill, she then asks:hist ereil to him a i
.scorn lame, w kW, rho heel ?vevisstrilly• sweetrited. I'-
stead of assuaging,t!tis application gieatly agzrat air I
bit malady, and t•iiiiie of the knows advised 11;s
wife to send for the lieal aid. This she declined, a •
'tells:: that it was useless, awl tl:at her husband wog! I
' dead before worsting." This preslietion nas
fortunately fitt!ill. II : u tApired at three u.cioek, 'I
eireutti•tanees of Cr- death it cie sit:l644'6y strikit:4
to awaken the %lisp's...iota set :dr. Jettison, the Colour -
for the liontrir ..1 • yelract, who !AI 11111 l onel a Jury :
415.1 on the ce,:tents of the stomach of the deeims•••l
being examined I‘; two medical (en 'Armen, it %fa.'
found to contain a ronsiderabh• quantity of arseiii,•.
The wretch' I Ilona'', on beiny; interrogated, roxit iv.--
ly denied that she hal -ver hal any arsenic in It .4-
session, hat the Jury to iiiveniote the niat•
ter more closely, a,:j..urtir.l till Thursday. In t'.a.
meantime the sitvected party was tahen over to Wal:••-
Ifieli!, and recognisoil by a ilptirgi.t in that p'.aee,
recollected selling to her on Friday the 105th inst., a
pennyworth of arsenic, st hkb :.•11( s•lted was to destr: t
mice. lin Thursday the Jury re-assembled, 3;1.1, is Ws
these facts before them, returned a verdict of wit: ti
sintr.ler agairett the sail Atm Barber, who was that
afternoon ^era or to 1-o.k C.,;-.le, to take her trial for
the offence. Tli:s unfottntiate woman, who is forty-
four years of are, is the ivatlisr of three clailder.s.
oil • of tOesa by a former liii•liaml, and the two other 4
hy :owl It is statrA in the Wakefield paper,
at •ito bass long ramped on Lli illicit comsettioa with
youo!:- man in that place, tittl that to gratify lit-r
depraved passions without restraint, she has consu.:i•
ite I her crimes by the murder of bet husband.
Cow-Srfter.T.—i'rver.l7 JuAn Swipe Wall brought
op a szeoiiii time fur examination before Richard Bac-
nie, E.g. the sitting mag;strate, and was fully co.c-
initted for trial, charged with haying forged the si!-
aatiires of different persons to his accounts as purser
un hoard hie :Majesty's ship Spartan, with intent 1.•
defraoil the Commissioned, of the Victualling Board.
Hat cox Ii sunes.—Vestertlay, John. Cooper W.l,
bruit:llst us from the Fotoulling IVatchhouse,
the Sitting- Magistrate, charged by Julia Ilan wi..h
disturbing the congregation at the Chapel in the
Foundling Hospital, about ten minutes before cies*
on Sunday evening, by Ishiwing a horn, zoing
al oig Guildford-street, fur the sale ..f a Sunday ileAs-
paper, called .1(44 Bell. The charge being pr.rye 1
on oath, and admitted by the prisoner, he was col.
vi, itl in the penalty of twenty shillings. which sin
be: able to pay, he was committed to the House of
Corre..tiott for a few days.
Metsscnota Act tocx-.• or &Marra(' Msys
RAtieoao.—This young lady, we are sorry fit learn,
.ti..s
::11 to a hopeless state. The tuclatltliell,,eirciouss.M.:e
has thro vu th,, friends of bath parties into the greate,t
41s.ress insaginahle, particularly as the surgeons h.s. I
frit no hope of recovery. On Wednesday evening, at
right o'clock, after being in the vatstoily of an ell;-oe
all slay, leitara. Charles anti John Hawes. the two ro:ii.e
gelt.eaten who are charged with being
instriuieuts in firiug the vibtul, were ai
fore the:' sitt'l'n Magistrate at Ilattou
the young is pot dead, they were
hail to answer the 'charge, them*efvt
and funr sureties In 14.)/. each.
which of tile young gentlemen tired ,
swell fitied e(Orrodl Gulks.at what:which
the top of a g4te post. and they were
aceilcut for a COnSitki4blt Cate aft:r

tkw nn

peri

the Ca
*ri

sg I npfugt.vb:4:l
asap; ter 04 at
Csallipth .6.3k1: 441
perWlt~j.~4o iv.
Fq )11 01. reet,
iltd(het,lo4Aeio.•
the littalAat, on
h eire OWeirtl oi
uaconstt•iiiivf
iso...seeppotel.