Star. — 1826-03-30 (London, England)

HIGH COURT OF JUSTICIARY.  WEDNESDAY, MARCH MARCH 2!. APPEAL CASE-TRIAL BY JURY.  SHARP V. DUNCAN, PItOCURATOIt•RISCAL 01 PRRTSHIRIL The decision in this case deserves to be noticed, as it goes to protect and extend the constitutional privilege of trial by jury. The suspender, Grace Sharp or M.Ewan, wife of Alexander M•Ewan, carter in Perth, was, on the 2d February last, convened before the Sheriff subAitute of Perthshire, upon a criminal liberat the instance of the Procurator-fiscal of that county, charging her with having stolen from the person of William Whyte, &slier in Kinross, a red leather pocket-book, containing bank-notes to the amount of 141. 7s. The libel con• eluded, that she " ought and should be punished by tine, imprisonment, and banishment from the country, or, all or any of the said punishments." The suspender pleaded Not Guilty to the charge; and several witnesses were examined for the prosecutor; after which the Sheriff pronounced judgment, findilvg the libel proven, and adjudging the suspepder to he imprisoned within the Tolbodth of Perth for the space of six months, and to be banished from the county of Perth for life. Of this sentence the suspender complained to the Court of Justiciary,by the Bill of Suspension and Liberation, upon several grounds; but she insisted particularly, that the case ought to have been tried by a Jury ; and founded, in support of this plea, in various cases, particularly that of Michael M'Millan, 14th December, 1818. The Court, upon advising the bill, and hearing Counsel for the parties (27th February, 1826), " Or. dain them to give in minutes of debate upon the subject matter of the said bill. with a view to the case being thereafter determined by a full Bench." The case again came before the Court today, when the Judges present (Lords Justice Clerk, Gillies, Pitmilly, and Mackenzie), unanimously delivered an opinion, that the charge in the libel before the Sheriff was of that nature that ought to have been tried by a Jury. The following interlocutor was thereupon pronounced : " The Lords, in respect of the nature of the crime charged against the complainer, find that the Sheriff ought to have proceeded in the trial of this case with the asssstance of a Jury; therefore, suspend the sentence complained of, simpliciter, and grant a warrant for set, Ling the complainer at liberty."  Monday evening, immediately after Mr. MATHEWa had finished his appalling and heart-rending description ef the gambler, in his Entertainment, at the English Opera-house, a young gentleman was so violently affected, that he fell back senseless in an hysteric fit.— Mr. MATHEWS immediately hastened to procure assistance, and the servants of the theatre lifted the gentleman from the pit, through the orchestra door, to the private box lobby, where medical assistance was instantly procured. lkle. Ma.Triews remained until the gentleman 'I was recovered, and then returned, and relieved the audience from the anxiety they felt for the sufferer. At a general meeting of the creditors of Messrs. WILLDAY and Co. bankers, of Atherstone, on Monday, it appeared that after all demands upon them are liquidated, there will remain a considerable surplus in their favour, and in consequence thereof it was then agreed that the holders of their 11. notes should immediately receive 15s. in the pound, and the remainder on the final settlement of their affairs. The liabilities of the firm were stated at 67,7881. Hs. Id. and the available assets at 8719291, leaving a surplus bf 20,1401.65. 11d. At the Northumberland Assizes, in the case of Richardson v. Loftus, respecting personal injury from the overturning of a stage-coach, Mr. Justice Havr.ar said, after the verdict had been given for the plaintiff, that drivers should have it perpetually before their eyes, that in case of their horses running off from their wilful nee gligence, and destroying life, they are liable to be tried for manslaughter, and in some cases for murder. The Welsh hills were covered with snow to a great' depth on Friday morning, which bad fallen during the preceding night. 10 the North, and in Yorkshire, there WAS also a considerable fall the same night. A man named Patrick Magary, says the Southern` Herm-ter, has been murdered in the most cruel manner, in the neighbourhood of Mallow, and near to wheie the unfortunate She.:han recently met his untimely end. Tuesday evening, a decent looking young woman, at Green arch, was thrown, from one of those dangerous swinging cars, from which so many accidents have aria n, and was taken up in a state of total Insensibility. She was Conveyed to a neighbouring surgeon's, where it was discovered th tt several ribs were broken.  srorma