The Statesman.
London, England, 1818-02-09 00:00:00

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•

NAVAL
.1 NTF: L L IGEN; E.
DIAL, .FEB. B.—Yesterday sailed the whole of
the outward-bound, as per last, on their respective
.voyages, except the Oompany's ship London sod
Princess Athelkaltsdiamen, and the Vigiiant, Scholes,
from Ztnte for Hull ; and to-day, at 10 A. M.
sailed the. London, Crmphell, and Princess Amelia,
Ralston, for Madras and China. At three P. M. the
above two Indiamen drove back to the Downs and
anchored, it being quite calm.
• PORTSIIIOOTO, FEB. 8. —Yesterday sailed the La.
tons, Denematt, for the Stroh Sea; and Kinnersley
Castle transp..rt, for Yarmouth and Maim—To-day
arrived the Maris, Toul, from London for St. Lucia.
13.1.13101JT8, Fra 7.—Came in the City of Bour.
&vex, —, from Plymouth to Reordering, leaky.
TORBAY, FEB. 7.—Several of the outward-bound,
last from Portsmouth, have put in here, and sailed
'again: the Mayflower, —, from Gibraltar to
ilare, with a cargo of tea, cotton, indigo, km passed
tip yesterday.
.•
WilrYOUTli, FEB.—`The Dove, Davis, of this
.port, fVorn Sunderland, with _coals, sprung a leak
in St. Albsu's Race, which gained so much on the
Rum" that the Master was obliged to ran her 04
.shore about seven o'clock this morning, abopt four
miles on this side of Loiworth, with sis feet water in
*her hold. Wheu she took the ground, her channels were
-even with the water's edge. Several pilot aid other
•boats are gone to her assistance, and we'think, as the
wind is from the E.N.E., and if it keep moderate,
with great exertion she may be got of; ibiy are
lightening her as fits as possible.
• FALMOUTH, Ea& 6.—The Confidence, Thansim,
from Waterford to Guernsey, which' was nearly lost
in Gerran's Bry on the 4th inst. is arrived here, with-
loss of anchors anti cables, and some little damage to
the hull, sails, and rigging.
IlAKwtcu, FEW 7.—Arrived the Prince of Orange
packet, with a Mail, from Holland.
LIVERPOOL, Fee: 7.—The London Packet, Con.
ningham, which was on shore near Formby, has been
got off and into Dock.
• STect.AwA Y. .1 AN. 2-I.—The brig Lord M'D•rttald,
Kennedy, from Liverpool, with salt, has become .
total wreck.--Tbe Norwegian ship Maria, Milthorpe,
with 260 tour of stock•firh has been wrecked, at the
west-end of the. Long Weed.

Mr. Lawrence Dundas, second eon of the Member
for York, was found dead on Parker's piece, a field
close to the town of €smbridge, on Friday morning
last. It appears that, from, the darkness of the night,
be tell into the ditch which separates the field from
tee public road, and that being unable to extricate
himself, he died by omin-clemency of the weather.
The British Tar, of London, from Sierra Leone,
Captain John Pixie, wa, wrecked early in the mato-
Jog of the 30th of Jsuuary, between Lymingtott and
.Gracechurch, and every person on board perished.---:
Fourteen bodies have, beets picked up, but it is sup-
Posed' that • a cantidetabl• .Humber MOM wets on
board.
The Nelson coach from London to PortsMituth,
was overturned shoot 152 o'clock on Friday night, at
Cobham. Owing to the, extreme denalty of the fog
Ott coach was driven on a han.k .on the dile of the
road ; fortunately no lives were lost, although the
coach was full, Inside end-out; four persons were
tnuen hurt.
NEWPORT, ISLE OF WIOUT. Fite. 5 —Yesterday
was apprehended. at Portsmooth, Major Lockyier,
and brought here t'is morning before the Coroner,
Thomas Sewed, E q who committed him immediately
to Winchester Jail to take his trial at the nett As.
sizes. It will be recollected, that Major Lnrkyer
killed Mr. John Sutton on the 10th December at
litest COMM Major Lockyer and the two seconds
absconded directly Mr. Sutton fell; and the day fol.
lowing, Mr. liand, the second of Mr. Sulton,was ap. I
prehended at Portsmouth by the constable of West
Cowes. Major Lock vet. and NI r.Fterlesdale. bissec.ond, I
had the address to 'deceive the otfic.r, and made their
escape from hits ; and it was not till yesterday that
Idajor Lockyer was taken, but Mr. Itedesdale is still
at large. _ _

By the ancient custom the MASTER of the ROLLs
is entitled to Two Pipes of Wine, to be chosen by the
King's Butler; therefore, whether his Honoer be.
gins the duties of his office with good or bad spirits
must depend on the taste of another mass. A reform
here is expected, on the model of the present er.
vangement, by F..rtene's Butler, Buns, which enables
the Holders themselves (ot 'Three Blanks) to choose
12 pipes 0f the finest Port Wine in the kingdom, and
In proportion for Shares, besides the Three Prizes of
R 30,000, the 97 other Cspitals, 41:c. ire. in this
Lottery, which begins the 4th oflilancst.
'PAINTER and SPLLING.—A deposit of 20 guineas
a side was put down as Belcher's on Saturday night,
between the above 'pugilists, to fight on the Ist of,
April, within twenty.five miles of the metropolis.
Scroggins, on being pressed by two of his old
opponeuts, Dolly Smith and the Oilmen,stro Fri•
day night last, agreed to meet them in the ring-=
the former for 501. and the latter for 1001. aside.
Saturday morning, after breakfasting with his fa.
silly,. Ai r. painter and glazier, No. 24, ion.
don.road, St. George's-fieltis, went into the work.
shop, apparently in a composed state of osind.—
Shortly afterwards one of the mess arrived, and on
entering, he was shocked to find Isis•master lying on
the floor with his brains blown out. The unfortunate
saan had been for some time past io a desponding
state.

COllll EXCHANGE, Fan. 3.-4 small supply of Wheat this
asornitg. at Frid.l)'s prices.—Onferinr Harley nearly unsalea-
ble ; prime samples Sio. per waiter higher than no Monday hot.
—New Beath nod Grey Peat; 4.14. per quarter dearer, and Oats
34. deilmr.—ln other ntliellN no aitertilimf.
Wheat (English) .... 70 !:6 Grey Pros; • ..44 43
New ditto
Ditto ( Foreign)" .... in ltis Ola do. .. -
Aye 42 48 lick do.. ' .. 46 50
Barley .... ...... SO 51 ' Oats .................58
blew - ... -- i Fine do. .... • . ... '. ..
Mali • .60 76 i Poland d0...1...- :.... 28 36
White-Peas ' - ' 40 46 • Feed do.
New ditto...,
lEtto Doilets .. 50 54 Seconds.. .
•1MITIIPIEL1.) MARK F.T. Fes.t '''' ' •
To .o: k the ;)flat, per stone of tilbs.
Beef 3, 61 t. 4, lid. j Head of Cattle this 4err i
Mutton .4s 61 n 6.• OA. Beasts _ J..:
Wei. - b. I) • I. 6- 6d. Ihee; and Lomas
-14.0 m)
Port .. 5s
,O.; .., 6. 0.1. Game* ..... ' 1.i()
Lamb .- Os. 0.1
.Io 0, 0.1 Pir....
. HAY-MARKET.
Hay
ci vet -
91111 W •••• P. lb. I* to 111. 124. IA;
, .

• .

Two ant barrrid murders, doeNditted en Mr.
Bird and his housekeeper, who resided in a house
belonging to Mr. Bird, Mee 'the Mitre, Greenwich,
were yesterday discovered. Mr. Bird, was far ad-
vanced in jinn, being near 70, sad has resided
many years in the town of Greenwich, where he car-
sied on the besiefea of a tallow-chandler, in which he
acquired sufficient property to enable him to retire
from business, and lies epos his income, arising
from houses and money in the funds. ilis wife died
'Nast two years ago, and since that time no person
has resided with him bat his housekeeper. He was
a most constant attendant at Greenwich Church, and
was always in his place es soon as the service hew,
acconspanad by his housekeeper. Yesterday morn.
iug it was noticed by the beadle of the parish, end
others, that they wet. nut in their seats in the church
as usual. At the oenclusion of the service the beadle
noticed the atiteamstance to some neighbours, and
they hoeing remarked that the shutters of Mr. Bird's'
boss. had not been opened at the usual time; nor
weir at 'heathen (noon); the beadle and others "relit
to Mr. Bird's house, knocked at the door and
called, but receised no answer ; they, therefore, had
no doubt that something dreadful had happened, and
determined on forcing an entrance by tie. garden, at
the back of the house. Oil their entrance into the
passage, a Almost shocking spectacle presented
The body of the housekeeper was ing on
its face la It shocking state, her skull driven in
and fractured in a most inhuman manner: the
.borrid act bad been perpetrated by a blunt instru-
ment. Oa proceeding from this scene of horror,
another equally horrible presented itself. in'a par-
lour adjoining the passage, the body of Mr. Lfird we,
lying on its back, with his arms stretched, and his
head more fractured than that of his housekeeper ;
itivforeheed was driven in about an inch deep, and the
sound as large as a crown-piece; theta, wounds bad
also been inflicted with a large blunt instrument,
supposed to be a bludgeon, employed by a power.
ful man, who apparently must have been left handed.
A candle was found in the passage close to the
housekeeper, and it is supposed the murders were
committed late on Saturday, or at least before ten
o'clock, ea that was the hour Mr. Bird constantly went
to bed. The housekeeper always hid the chain of
the street.door tip when she answered a knock, and
there being no doubt but that the murderer entered
by that door, it is supposed that she most have been
Induced to open it, under some false pretence, or be-
cause she knew the person, who, as soon as he gain-
ed admittance into the passage, knocked *down
and inhumanly Murdered Iwr. It is SuppoSed that
Mr. Bird was reading, and that in. his hearing the,
attack upon his housekeeper in the passage, he left
his lire-side to proceed to her assistance, as his body
was found between the fire-place and the door of the
room, with his spectacles near one hand, and a can-
dle close to the other.
The horrid discovery created a very considerable
degree of agitation era alarm In the town of Green-
wich doting the whole of yesterday.
• Mr. Bicknell, the solicitor, sent off an express to
the Public Office, Bow-street; and Adkins and La.
vender, the Officers, arriving with allspossible speed,
proceeded to esamine the premises, and to .endeavour
to discover suspicious characters, but without finding
any trace of the murderer.
There is no doubt but the object of the attack was
plunder. The keys of the drawers and boars had
been procured, and it is supposed they were taken
from the pockets of the deceased, as they were stain-
ed with blood., •

It has not been ascertained of what property the
premises hare been robbed. In a drawer which had
soot been opened were founJ Bank-notes to the
amennt of 311., which were ascertained to be the
amount of a dividend he received at the Bank on the
9.oth of Janua►y last. The murderer also left four
silver salts, several table and other spoons, and a
sou? ladle. It is supposed the murderers did not
take wearing tipper,' away.
Mr. Smith, the Magistrate of that place, was in
attendance nos the spot, to act with promptitude, in
ease any suspected person was disrovered.
On the dieadful and distressing intelligence being
Communicated to Mr. Bird's son, he hastened to the
house, when the overwhelming grief and distraction
with which be was agitated on viewing the mangled
body of his deceased father can be better imagined
than described.

Saturday afternoon, about three o'clock, a latl,
apparently about 16 years of age, was stopped in
Fleet-street, uear the shep of Messrs. De and.
Wells, with a piece of woollen cloth, of consider.
able value, which he had stolen from the above shop,
when an officer was lent for, and he ass immediately
conveyed to Giltspur.ssreet Compter.
Th. twiy 'great satieNctien the plan adopted hi
former 'batteries gave to persons residing in the
7Coestry, ,hasinduct4 T. Milt, the Contractor, to
repeat it in the- present ; and he hopes belts, as in
a recent Lottery, arlectell some of Oa Capitals
amongst those Numbers advertived --The under.
mentioned Nembers 'may be had, either in whole
Tickets, liaises, Quarters, Eighths, or Sisteentbit
at No. Q, 9ornhill

12,3.4 I 11.186 1 6.826 11.487 6.827
14.729 14.79.1 4.513 I 16.060 4.514
17,:53 11,200 1.71 19.197 17.234
16,096 11,456 16,1 87 9.715 I 16,099
13,231 110.212 I 13,232 10,213 13,233
The folloaringNumbers may be had oil
Tickers, Halves, Quarters, Eighths, of
at No. 9, C raring-cruse 4
U. 32.51 l7 233 1133,071 r 4.512 10,192 1
9.7)1 16,089 12.321 17,231 14,72;
10.211 13.231 I 6.815 16.090 11.159
6.328 11.489 10.215 13.233 I 6.612
4,513 17404 6,829 11,490 10,911

MARS
7,101
MAU
►0,1145
15,071
hpr in whole
Siateruths,

6./450
4,511
101 l 9J
569
14.7V3

. _
The present Lottery contains Three Prises of
P3o,ooo,—One Hundred Capitals, —all Sterling
Minloy,-:-io Stock Pr,ises,—no Classes,—no re-
drawing: The Drawing commences the 4th of March.
PRESENT PRICE.
Mk, i
Half
("trier . 5 5 0 iSixteeitill
*** Letters (pest paid) containing Bank Notes, or
Posi-Olfice Orders, duly attended to. '
The last Lottery that contained Three Print of
230.000, Bios sold them all I and-lest tottery he
a old Three Prises of £W3OOO, all far Shares.

r,4751V1111N•
N
LAW INTP

INTELLIGENGE.
COURT OF CHANCERY. Fats 7.
The Lord Chancellor came into Court ibis morn-
ing at 10 o'clock, accompanied by Si, John Leech,
who. then ass publicly sworn into the office if Vice-
Chancellor.
Till LATE VICE-CHANCELLOR.
Sir ARTHUR Plooorr observed, that be had last
Saturday stated an application front Sir Thomas Ple-
mer, praying the Court to allow bias his Salary to the
day when he resigned the Office of Vice-Chaucellor.l
had be not resigned before the 10th of Janenry, his
quarter's Salary would have been due, but as he re•
wigned on the 7th, there • were three days to be ae.
assearily deducted from the quarter. In sack a case,
it was usual to refer to the Master to make oat en '
account of what thould, or should not be paid to
him; but Sir Thomas Plumer had obtained a satisfac-
tory statement from an Accomptant in Chana.ry-
lane, and that individual bad accompanied his state-
•ment by an affidavit, on which he deckled, that the
sum of 12091. 9s. 4d. was due to Sir Thomas
Plume,. On this ground the present application
was made to his Lordship, hoping that. thereby it
would be unnecessary to go beforelhe Master.
The LORD Cuptcsu.oa.—Were L to send:the
case to the Master, be would only read the affidavit
of this Accountant, therefore, you may take the order
for the salary.
cuointsrmg MARRIAGE.
WADI V. SCH.I7/011.
Sir ARTHUR PIGGOTT said, that this was an apPli.
cation front Mr. Baseley to the Court respecting a
settlement he wished tb be made. Ilis wife was the
mother of two children, whom she hid born its con.
finement, and she was likely its a few days to becon.e
the mother of a third. She had chosen to share with
him in his confinement for the contempt of Court,
and as she had now attained the age of twenty-one.
she considered herself entitled to the estates both
entailed and freehold. lie was now very desirous to
provide fur his family, and was willing to settio he
properly. The. proposals of settlement had lately
been submitted to an accountant, and they were !sow
in Court, the parties hoping that his Larriship would
honour them with' his approbation. The l'etition
prayed his Lordship to take the proposals of seltie.
rnent into his consideration act] deliver them front
confinement. MrS. BaZeley was susious t• inform
the Court, that she agreed to the settlement proposed
by her husband, and hoped his Lordship would do
the some.

Loan CitAsetccon.—lland me up the proposals.
Sir A. Picoorr.—My Lord, they have been pre.
pared by Mr. Butler.
The LORD CHANCELE.oIt.—This is the first applies.
tion on this subject which has been made to me in
Court, with the exception of those made privately,
and which I cannot approve of. Unquestionably it
is the bounden duty of the Court to take into consi-
deration what this. individual has suffered, what his
conduit has been to Mrs. Bazeley, and the alteration
which has taken place in Isis circumstances by the
birth of two children. 0.,(11 the prospect of a titird
beitoriat hand. If !.• _..surd a loog imprigaiment,
but then that imprismonetst se., at; ,ttiP•i :f the
purposes( doing justice to her as a Wiwi of tliaqicery,
and Ws, of doing justice to the authority of
Court. The mere circemstatico of the Conveyancer
having made out this settlement, isnot in Itself suffi-
cient to satisfy me that justice has been done to the
Court p• but when I say so, I must further add, that I
Shall ['sok into that settlement myself, feeling it my
duty to her as a Ward of Court. lam not satisfied
with his saying in his application, that he will agree to a
settlement being made for his family. What does he
mean by the espression " his family !" Übe means to
secure her property on thechiltlren he may have by her,
I never can agree to that,for 111011 it en established rele
of the Court, that the property of @Ward is te besecured
to all her children, and not confined to the children
of this or that pecoliar marriage. lam swstethat
the probability of her marrying a second time is
very remote, bat still, though that be the case,
must not and cannot sacrifice the great principle on
which this Court alwaysacts, and which I have just
stated.—l can assure Mr. Bazeley that it is no fancy
of my own, when I speak of pro Siding for a future
marriage, because I don't find that the principle of
ploviding for all the children of a Ward ha, ever heat
overlooked by the Court, and they must be very ill
advised, indeed, if they veil nu me to break through
that rule. lam sure I have no feeling of resentment
against him, nor, indeed, should such a feeling ever
for a single moment he suffored to weigh on the
mind of a Court ; but I am itidi4pensibly ob KM to
abide by what I know to be the uniform and outlier-
ed practice of the Court.
Sir AUTJUIt PIGGOTT auhmitte.d to his Lordship,
whether the Solicitor might not mention these uh.
seminal' to the parties, awl the result be stated to
the Court on Tuesday morning.
The LORD CIIANCELLOIL—Perhaps ho.had better
come to me its my room on Monday morning, before
Igo into the House of Lords. lam confident no
Misrepresentation of what hat passed:here will take
place, and I shall be glad to ace whet can possibly
be done.

COURT OF KING'S I?NCR. Fes. 7•

TUE RING V. ARTHUR TIII•TLEWoOn.
This zooming, before the cotheit!o),Fecneet of the
further arguments on the important case of Appeal,
the Attorney-General entered the Court, said gook
his usual seat. Soon after Lord Sidmouth was seated
on the Beach ; sod on Lord Ellenborough coming
into Cowl,
The Atroartsv-Gurcw.st. proceeded to exhibit
articles of the peace, on the part of Lord Sidmouth,
against Arthur Thiatlewood, for sending to his Lord-
ship a letter, containing a challenge to fight. The
Attorney-General said, " It is necessary I should
state, the some time ago Arthu► Thistlewood as in
custody ifs the Tower upon a charge of High Treason,
and whilst he was in custody, my Lord Sidmooth re-
ceived a letter from him. That letter, therefore, he
believes to have come from him, and the article states,
that it was the same hand writing as the present.—Be
has also received several other letters, and he verily
believes that the letter in question was sent by hint,
and he verily When it to be the hand-writing of
Arthur Thistlesrood. Lwlll read to year Lordships
the letter in gnestion ; it Is addressed to Lord Sid-
tqoullaj sad it rtes received on the 3d February) the

day it bears date. It is dated Iroatr IS 40, Soohope_
street, aare•asarket." No. limos of the loco;
which his Lordship has rectited truth Isis p•••4ii
since bit discharge, bear date from the eagle pampa—
This letter is iii these terms

•' hit PAU, Haab% addressed e ttipeetaiiiy, with a vie*
to prorate redress tor the iajories I have received frays yea. as
Secretary of hate, *ad nsylipplications treating an answer,
las es .pelleti to webs redress in eau! aer "sooner. I diet% fore
deemed that satisfaction whieb..t, Au tqj.oed man. lam raided
to reteive at year heads. I lease sit • cooler of wort or pistol
to your Lordship, and piste As tit time I shill 'dent of no
delay, and as immediate answer is es coeds
"Sao, say Lord. tic.
" AR fifIJA TiIibTLEWOOI)."
itht ATTOSKIY•GENhitAL 'ben moved that iheis
illicit.' ` bibbed, *Welt 'still be verified by tbd
'afllda Ise. sp..kew of.
er
"Mr. Aoiltir then read the document whieb *St
hoodtbd to b Se the following effe.t :=—
Ix was4lCrizt ih-41C11.61 OF IMO PILIICS. —Exhibited
hy the it lsle Heart Lord Stdistuute slue at Ids
Majesty's at 'led ,iecretec) of State for the Ho .e lie-
puniness, film Thistle's:end, of §taoltopovtreet,
Cilitellatkri.
Agis
*lid,.tbe said •Itidlegoaaerable Lord libtatneds states sue he
dint out eabibit these artiele• treat any. malice at ill-will to•
wards the said Arthur Th61144%4%4, bat fur the pint- csiun of
berst‘elf featittedilj isrj_dry. That iiflbe Mahal of April last the
abovewansal 'Amber ihistlewood IVO* COMoolled to the Toner
td.Sorsirn ow a ch orgy of High 'Cresson, nott &aim the time
Wine in 'the Tower as aforesaid; hr receive.... letter sigued
0 iiither TWlthieweiod." which he eerily tended me mid
ether -fitialewood mat to dim I and since the said Arthur
Thistlewood has bees discharged (iota the Tower. be has red
attired several keen, &tied from Stantiope.street, OA. v market,
which be believes to '.e aii.of the ..aate stead- vrri lug I and that
Mi the Si of February he remised a cer iota letter, direeted to
him at his home at Cliff .respiace,• which Iva- in the seine
bead writing as the for. •er letters he had received from the said
Arthur .Thisile‘sood, nod whirls he vatic believes wag sons to
this detainees h... the said Arthur '1 iti.ikw u• d 1 which letter is
us the tenor and L.ficrroitmririe. clod Is .0 iiv," AP [Here
1111th ankles- tet forth the ahove setiet. read by the • otos ney-
iienet.d.] .• And thi, esaatinitor,hrlieves that the said last-
meias Oclnell letter conveys a thullentie to promo L., :sod e 'tette this
examinant to a breach of the In:lee. '1'1.14 CX:I4.: .4!11 f.oreier
sweat- that be leaf had . interenti;se or ef lIVIM Unica, ~,,, *joy
the void Arthur Thi...,,en.lott, except in his cit..ractertof one of
Its ~. Majesty ..I Priu;ipal hecretat .es ..r.5...- .; nor does In• know
till. otto•-r person of she name of Arthur Tilitl IC si .k.rli -.lc,* the
ntoresaid Atthur Tiiistiewand :.hove-mentioned $ and t ,u, ex.
amid silt verily I.elieves that the mid A rtit r Thet4:o-vt.;(l ...e11c5:..4
cs:..4 .444 in 'toe :,I hiss, some gr.... bodily Intro. and he is 1101
I, t! feert to exhibit ;Lear arti4e. (rota any ntasice Is. ill Wu , WI!
fur 1! r sot ,eriae.on of his life or person frtnit violence Nhich sic
apple:mods froo. the wad Arthur liiistleuttod." .
Air. I;,taLow (to liniti :31(1111ra/I ii).—.-64 Aly I. ;e:.
s!,, yon pray these artirle'i to be exhibited not from
me!iee or ill.slll ?"
Lord St 1,31011T11•••-•-" I do."'
Mr. BAuLuw•—" And for the preservation 01 rut
life and poili,ii from danger ?"
Lord Siostottn•—•'•l do." • • • .
..
Here the afli,livit of Rose. Rattail, tr,,,. .:,s:-,,ri,
in a hich he certified (her the' hand. a I,liii:. . f .1.•!
letter in question was the Itatiti•nritiog uf A. Il§vi
Thlstlewood: . is „
Lord ELLENuitsitouCtt.-14440these%a Hides be filed.
[ln Consequence df the hbove pi iicerditig, the tip.
*fogs of the Coart ;ore ioiniediaieiy ilispatcbod sal
apprehend the Defendant.)
.. ..

...

AIIIPORD D. 211ORNTO/4..
The el-gement itt.this case was resumed, 'and Mr.
TINDALL au heard ou.the .pats of .the Defend's'',
who, he contended, was.now entitled, tope the facts
of the case, to kis wager of betkleoisides,. as be
peraneded haralsais te eipte,pi 4%. shouldhe.
convince their Lerdeblps that the Appestat. was en.
it led to take nntbiog by his proceedings, and that
the D.,fendent was entitled to go freemithoet bail.
De *head not feta necessary to follow his Leerned
Friend through the foreign authorities which he
yesterday cited, batcoetent himself with citing au-
thorities from oar own year books .and authorities.
In the course of the argutnenti he shoed bare to
contend—lst, That the right to &meld trial by
battle was esclushely the Defendant's ; 241 y, That
the present Defendant was entitled to that plea,
and that the counter.plea of the Appellant did not
at all answer the Defendant's plea ; 3dly, If it did,,
that the Defendant's replication fully answered tho
counter.pfea ; and 4thly, That on all the farts, the
Defendant was entitled to his discharge without
Wail. The Learned Counsel continued with .re..
specs to the first point, namely, that the tight of
claiming wager of battle was entirely with the De.
Pendant. 11. 'hoed submit that the origin of wager
of Wilde was Norman and not Saxon, inasmuch as
no mention was made of it in.any collective of Saxon
I. The first book in which be had been able to
find any mention of it was in a work entitled The
Us, lause of Normandy, and in that work the right
of %tiger of battle was given exclusively to the
fondant. . The next bork on the subject was Glen.
aillc; he wrote in the reign of henry II.; he was
not so positive, indeed, iu his declaration that the
right w.,s esclusively 'the Defendanee, bet he said,
if the Defdidant throughout denied the charge, then
ho was to have:wager of battle. Branton, who fol.
lowed neat, and who wrote more largely, and laid
down his.opinions es.correctly as any of our ancient
writers, said positively that the tight of demanding
wager of battle was with the Defendant. Brenton
sod Flea followed Britcton, mod both copied him.
Su did Staenforth, eh° wrote in the reign or Kdward
' VI.; and lastly, Lord Coke, in his 2/1 Instituter,
it. 274, said, in eppeal for murder, the Defendant
716 dinemod hie *agar, of battle against his accuser.
aving thes skown the right of the Defendant, be
tad, 2dly, to ihtiw that thew was nothing set forth
•in the creep-plea of the'Plaintiff to oust him of that
right.. Fiteberbert, in his book under the title of
Garonne, sap, a Defendant cannot be deprir.
ed of his wage; of battle but by something
nu record being called in aid by the Plaintiff, or
by incontrovertible proof of guilt ; in p. 125, on•
der the same title, a case was stated, its which a per-
son appealed of robbery claimed his wager of battle;
the Plaintiff answered tbat.be was a: citizen of Lon.
don, and by Charter exempt front duel. This
'exemption appeared on record in the City's Charter.
In the same work, p. 230, it was laid down, that in
ripped of rubbery, the producing is .Court by the
Plaintiff of the ominous. at thing stolen, was gtoond
for depriving the Defendant of id 4 wager of battle.—
in " Brook's Abridgment," 7th usury IV. this doc-
trine was still laid down stringer;_ for it was there
stated, that to deprive a Defendant otitis wager of bet.
tie, it was necessary that the dlainoueshoold be pro.
duced before the Judges in Coati; and in that case.tho
Judges would refuse bids his weekr of battle, and pet
him upon his country. Brook mentioned one cant in
which setae appealed of robbery claimed his wager of
ins tle.The thing stolen was money ; the Plaintiff denied
wager of battle, and produced 20 peace, Aland in.
Defendant's pens vateu be fee take% as the

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