The Times from London,  · Page 3Click to view larger version
March 17, 1842

The Times from London, · Page 3

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THE TIMES, THURSDAY, MARCH 17, 1842. LA W REPORT, I TOCRT OF CHAKCERY, Vcnomt, Mta - K. ' C01 . HtlBU. I X r. RoaiLtr applies oa MtU of the mi elerka, who do - sirs th opioien of lh CMrt ea tbe 2JJ ortor August - IWl, relating U the aerrkt of a bi.1 oa a party aot Tl""1 to antwer, and againtt whoa ao rlif wet prsrsa. Tha dMTWty ni u to tbe perl of the bill in which the praysr, Ibat the party alluded 10 sbouli bo bwad by Ihj preeead - tart,'nght U bo Inserted. Tbo six derks referred to th eld wwti,limln no porno wu considered u perty to a sott suklMtais ua occurred in ibo pnyer of pcocsae. Mr. Tie" Chancellor Wigrem thought it sufficient that tit bum nrtoarrd in any port of tb tad, bat bo wished the point to V n.iilinl ta hit Lordibic. The 118 Cmkcmxo said, tlx prayer that party so Vi..'1 U b. hosed bf the rjroossdinn ni a aahetttu - Umi f r toe former pnyer of ssbjxstu to appear. It woald y, more coor - oieot, therefor, that tb f stare practice shoal J bo to insert th word referred to in th preyer of ye - ocess. tff Nit mm was aVt - t 1A r mArtc An Ik eat wasa T7l LoSD CuCXlL0B oberrred, that what he had said - rsald not anert the present or any otnar but umi; also. irroEjitT - bF.cLtL r. Bin. or ittirau. Jtr. RintiH eoutiaaed tbo argustesA ia this on against tne - leere) of Lord Cettenham reeaoeUBg tbo Manchester SWaaoL on behalf or Mr. Richards, the heed mU(, and ether defendants. 11 tha old acbeaia, uactiaaod by tbo HuUr of tne.Koila. unler 5A1 George IlL, c 181, Jul not appealed from to tb House of Lord, the masters were allowed to Uk boarders, aad those boarders were stsdidtlss for exmbdiag. 4 sreerat uilni Iwl aocvptod tboir otbom on tno luin f tV nloTisint'ef thovt prinlm, t nanntooi br tbo pWdx n. nf Coaruin eontimiu tb H uUr'l raoort of luX Bot tbo wf hamacoulnl intbodwrx bo oompU'onl of,dpOTtd bit eJionu of tbo d ratM, and the k hoUn of tbo iUnoloa Cl.N9lSTORVX)URT, Wttwuoar, Mancn JS. roTn iiimt rwii. ThU wu a toft for diroreo br raaaso of adolUtrbj Mri. AntaUAnnFoatoriJinttXr.W.rooUI'.bor boabnl Dr. Abdau vti about to opoa th root oa bobnU of tbo wift wbn Iff. J Dm, lor l0 cniacaa, mil m nnoua wro t p?;u - .... ... . Ir. bcisiyaroft aai 3,1114 ntuamj wu asuotuam tMjvat & qnoatioa, tad bo proaonarail for tbo diroro. WOW AQlIFtT lV" 3 Dr. Lct!oto dalirertd bu IxmMPt ta tbu eo (ro. porud la TU 7Xa of Jtartb which r a mixt bj Mra. UwriUaa Soow iafat Mr. Babort Snow, bor hnabaad, for in Jaannrr, 1532, Ml eontinood U Ur toetbof tU - tb Sitb of KoTomborTl&tl.wbom tbo hoaWnd QuOd rrli,wboro thrr bad bxn rwTo, nad aao U EafUni. tbo brotbor of Mr. Soow (oinx tr to Far! f or tbo pnrpoot of brlniW tMrtatUioovatrr. In thia aoit (tbo loanoJ iadfO oboarrodl Mn.Sawprard tbo bUorpocUUm of tbo Conrt to obtain Wl rrotKtioo axalaat art! of crtWtj cbrrd bj bar itiatt barhoaband. Tbo tnttb or falaobood of tboH cnar( wort not tbo cobjaei of tha prootnt tnquirr, nor wu it Mccaauj ta iba miaam ebama in dataiL for tbore COOid b no doubt tbat tbo pononal Df navf tUtoi in tb Ubol wu of rmrknr lifa anrh u. If imnL and not bund br Ian! tmrjadi nxni, woua onau an anew 10 u avwwm mum pnii Tbr wuooljoa real qaaaUoa uUdcidi - BaaT.wbetbr tb eondoet of Mn. Saow, takins it u doieribod by b trull in bor own ploadinc did not form a Ugal bar to tb profrcw, of the wit; in otbtr worda, wbotbcrtt did not amount to condonation. Bofor coriaidchn( tb moanicjr. and affaet of condonation, it mi.bt bo waH to aacertaia wblbr Eoaji - nation, bain of tb nature of a plea In bar, aboald b no - timd bafara it h kmIi tdaadad br war of dafene. Wben eonoooation u to bo inftrroa rroa U onaeno our, wuwu an; facta balnf plaadod on aitbn aid whleb onald raia tb . inaaair, ana pronoancr "T lormeny en - 1 jj - j, wwt Uiat aaioai rocb eon - frt 4. Tb Uynad ia.ti.an aaU, tb. pnaant dacrea want jllii.JClv. de, .a4 mort eondaair. .l - .w.W,"M".M.,f0i"! TidMea.tbaConrtwoDld nat ba aatiaftad to act upon it I n arra:i irom, b bu a rum w iron it u ;, v . , ! 1. t .v. .k., mtn rSTrrir ! b proJoead fartberdeneVtoi?Uin. and duprira tbo aatiafio J, tbky wonid of conn acnit him. tkMUTiogbaan apra'l from, ho bad a right ifopurmd br tb lioucof Lor 'a. It wu aor t thii inatiw - ion wu .iatrndoi. for tbo, pocrar ! ZuST it - t h.ftba Wd Jnir.) waVof optnioi tbat tbU "r i maamtnt - did nat annlr wnara tna aU&fad oonHonaQon U bnt Anlr Udk ivif th mrtlnm.nti an.l mnunuitl ta . . . - . . . . . . . r ... t. - .7 - 7'. . ' . . to Da lnieiTM irom to aiaumcnu m u uoe aiooa. at ilaiboarbood'ol that plaea wba wan.itb lntanai af Moan. Mandaj and CoiriO (tb CotHamtiro aandidatai). Tbo Rod lion, wbiom wa abaat a aaEa MUat front tb MnndajAjswuaUtanwbaratnoaaaf tba atiaar party, Out wbJca rupporWd 1 VatarpaA and Mr. Giaborna (tbWbijean4lda,wwbtbobabHf laawabllag, It womld appaar tbat abont daak oa tb renins af tb 6tk of J air tba man Saaaot DodaWj wanj part lb Xanda Arm ia eompanj with a nambar of otbar parton t, wbo parbap war to bob cxtoat naUr aad tamaltnaaa, wbaa a aaaa waaaad TbomuManbaS cam oat front that boaaa, amad with a doabla - barraUadjtnn, and aeoompaniad by Tbomat Birka, tbapriaonorat thabar. Tbomaa Marihall bad aiaaa dlad. Tb priaoaar had araQai UaaaU efhSfrlfBt toararffaS xtent of ehaOongini; tha fantlaoaoa oa U jarj, tad b (Xr. liaafr7)"Ud moi maaa to blama hint tar a daaa Ba, howarar, wu laatraetod tbat b aboald b ahWtonhowbf tba aridW tbatTUrkt bi mad bm of atronj tzpraawooi to ManbaUla arrgblni to ore at tb tbar party (tba Yal bwiVwho had aoeordinfcty daUbarattlykraUad hU (ma at than. Brad it off, and wonndod tbo man DodaWy and on or two other ponont. Ho had than riuad tb a a ateond tiata, and anappad tha trigger of tha otbar barrel, but that had mbed arc, apoa winch Birka had amid with aa oath, "I told Ton that barrel woaUa'l (o off Uk oat tb piitoL" O wool! nuka bat Tory ,fw oiawTationt, and proeaod - to call th witnoaiat, fully ataored that if tb Tidne which would b addnead abonld aatiaff than that th priaona had baan jnUt j of aid - is r and abtttinc tb dooaaaail man, Marthall, ia eoauaitting tha offrnoa chargad, thy wonid, without fatr, faramr, or tiaa, parform tboir daty, and find a mulct aeeordinjly. If not to PU OTOvlasUad oWfo oal.kJi ralio n4 B tai tbabaaf waataiit Ibat'aaHIcaa aay. HO t latTnad; 1 rar haard of any w bttaxUCodor aar bf balng praaf away oa tlio'daj ta 4atia or at aar other tiat I had aoUfaa at aU a do with tWaJanarrTdot.Iatw th TaTlow aaBaaaUod fa rreat trowdi, and I haanl lW thoy wonid kjQ trary Bio thay nat.. I know nothing ahoat tha " BU atffilia." Jobs Aaoa uatinL I wu at Bcrton'i haaa that trtn - Ug. Aboot ( o'clock a body af aaaa earn toward! Barton's. Thoy war costing thro or bar nWait about ISO. of taaaa. Dodalcy wutbara. Thay want aaar ta tha wiailtwa. I hoard narrington halt thorn.' 'TawytaaatadUWycaaraaaoaTl triag th wiaMowi.with at una. Taar wer Dring aboal.ltt rtOLbi alBdr. wbieb formarlT axittad. rbt Loan CatxcrxLO tbortlr after 1 o'clock aaid. bo wu anry to interrupt tb Ueroed coutimI. bat bo wu then rbligad t laara tb coorand woold g 00 with tbia caa on eranuj. ROU'CX)DRT,Caarcar - ti(i,Weoa4T,lfia 16. tic Arroxur - GutxiL r. tiucxjti. Tbia information, part board laat Satariar week, and then crdtrcd to Kaad orw. wat rranmad. Mr. rVmbarton and Mr. Bloat wot for tb Attorney ittMtrai,ana Mr. Kmamltj and Mr.Teodlttlnadafandent. toatraaweaai uo vonoratioa ox HowDarr nvltn Uii granced a leaa u Bodd (tbroorb whom tbo defendant daioad) of tb hona in qiwctioa. which wu near tba natat - iaoa, for 999 yeart, aad Badi wu to lay ont 1SQC apan tb pmaiaa. Tba information wu to bar thit laaat oaareraa op to M etaceUea. Kar tbajdafWndanta, it wu now aaid tba; at th time tb Iraaewu granted tb boat wai in a dilapidated ttaUon th bankt of a rirer.tbe orernswingt of wnicb damag - d th mu maoa a rompirM moraaa. l aere wu an .exiting Jaaaa, tb Corporation bad then no finda to naU them t laj a fonndation, and they took the aamnder of tba leaa which had arren year to run, Tb charity parpoae required that there ahoul be rents eoaieg ia J aaw ta waaia, and it wu then tbeoght beat to arcur a regular Inooaia. and not to burden th property with a mortgag. T prono tb meant of aeraring that laoocje, they mad tha lette corenant to keej tbe premiaea, daring tb whole term, tn nbttantial repair. lXOM. hadbaen virus. Uidu niwt. tb yiraraiaee, to that a rernlar income wu aafely aeenrad ; rr mai in ieae caa neen obtained by influence, and it weald be a hard cat opoa thoe who dealt with tbe let to hare tb leate aet atide. Urd LtxoDiLE. Tb rm rentier bad knowleig that it wat ahanty property. At to th setting uide tb leate, tber wunobt. Inl741 aleaa wu granted for 21 yean, at J.V. rent. Ia It AS tbe prraent leate wat executed, - npen a prepoaal to aumnder tbe f eraer leate, and to lay oat ljOi. oaoa tbe premiaea, and the rent for the firxt aeren teart wu IbL, and for tbe net of tbe term IX. a year, and tbe leaa wu far S99 yean; ao that there wu a term eiairalect to a perpetoal alienation, reterring a emeller rant ia the T '" , alienation of charity property nut U jntti liable, and there matt be eridenc to ahow that it wu prerideat at tbe time. Sarh aHenationi wer. pnmi fnr, to be aet uide, and t tnrtain tbem there moat bo a cat, but b - re there wat no proof. Th leate mutt be aet aside. TICE - CHANCELUIR3,COURT8,WDtar,MAacHl6. ilitfvrt Sir K. Bancs.) The caaeea heard belor hit Honour related aolely to iatrt - entoteebnical mattert, arj rreatnted no feature waatcrer of general Interest. In that of . ... HOJrerwTJOD T. BOSXTWOOD, aepending on the eonttruction of aereral dead of settlement, the potntaia costet: were submitted to the interpretation of a court of law. Thiai could not he injustice to th wife, far it U bar own ex part statement alene which wu to be contidreed. It wu not Ukalj to indue error, because, if th facts wer not amply sufficient to lead to a legal eon elation agaisat tha admiambt - lity of th plea, th principle aairenally ncognLiad wu to allow the suit to proceed; whereat, to decline taking cognisance of th whel legal effect of th facta pleaded. In that stag of the cause, might, ia tome cues, lead to long delay, useless and expenaiTS litigation, aad a grieToua disappointment of hopes not anraasonably cdortained by th wife, in consequence of the admission of the plea. Jle therefor felt bound to pronounce bis opinion, whether the cireumtUuee pl&tded in the libel did amount to legal condonation, and) he Lad the authority of Lord 8 to well for this course, la the cats ivklnr. IVmkin." IIarr766. Condonation, allhourh a ttchnUial term, clearly imported tbe forgirensu of an effenot deaa, ano! i stated by Sancbex and in tome of the decisions in tbeas coaa to be of two kinds the one rerttt vpttmi tbat la, aa ea vreaa torgiremeaa ana nwacuitura um wvuw. iomA 1 the rsaruwi laetta ia the return to connubial intercourse. At?" careful consideration of all the preriout v;.v. . bearina nnon tbe cresent. bo wu com pelled to say that thO were many points still left in obsca - ntyTiUesabooaa.' P?eodm JJg 4jd not dad it necet - n. ... - minion on Buck difficult points. II (Dr. lAsbinctoa) skoulo, endearour to ascertain what had application of the tame prla.if la th first place, hs ap - prebVuiromthsrreultoi CA; it bad been determined that a re:ura by a hub. tb jnarriag bed wu ia almost all case a. prtumptu mtu it Jrt of connubial Ktercoart. B,ondly, that a return to - mmabUl i.i wu twiVU fcu a coalonattoa . ; . . Itr. liable to be rebut ted, bowtror. la many case 1 m whrt Uj i,,oa) aory. or where, to tb case of adalter m 01 a. of adultery com mi. ted an not known tO the party aMriered. Third! 7, U had been ni really la4ddo byaUthe great authorities, that a strong distinction reap. rtu eondonatien ..;. v.. vwT - J ..4 .1 - .i ik at moch would be considered culpable ia she buabaad which 1' praiseworthy the wife. Fourthly, it was equally admitted that, when once coodoaation had actuallT taken place, tb rit to oomplain of preriout craelty or adaltery wu gone, an osa rmrs4 by the f the like oDnoaa,or aomethhC PPJow faigtoOTMTOOjingftbem. In the r - nrt cae - , tnar rjeing n Buggeetion of any reriral of the craelty after ta,' return to tbe c Tiaxe bed, the sole qation was, whether ea.'M rstnra. under the circumstance pleaded, constituted soado. latum 10 its lecal tena ; aad consequently the diltcultT whk'a arose waa tha r.lf wyn of tb. (hint rmU tar had thit tawn th ease of a hnaband returning to th bed of aa adulterous' wife, be (tbe learned J edge) should wit heat beettation bar said tbat tbe costlonatioa was lagtuy complete, ine case Tiramincs t. Timminrv" 3 Hue. E. R - . 04. thoogh to tallr dsSerent ia bubt reepects. womld be a sarong aothor.'ty for this poainon. Bat tbe pinch of the present case, au4 that which he did not find had erer beaa decided, was, w bother, wben tbe hnaband had committed adultery or cruelty, and tha wife eontinaed cohabitation, which wu often bold to be laudable, aha could quit her buabaad and maintain her suit wben the enaahrtalion wu continued after th last act of adultery or of cruelty. Of court he eacladedfrom o moderation cases of forced continued cohabitation, of which he woulH tpealc hereafter. In the first pUo. to Uk adultery. which munt be per baps OsuinimsnaMo trua cruelty : 11 Bftrt fir J. Wioata - j - nr T. TAT LOB. 1 arose out af an tiTn. .... ...; the Atoerican narigation laws. The American ship Victoria wesstreaded in January. 1839, near the Leasoweliikf, at tb entrust of tha nor! of lj - - ww.1 .. - i iZ.Lt 1 Bold at a trreck. The pkintiff and defendant psrcheeej her, and ohtoiatel - succeeded is retting her off aad bringing her into UrrrW, where she nriierweau a crop - to repurTay - r'..7 TOjnl' American citiaen. and U wu ratedj - one party, but denied by tbe other, that their ori - guul sotentKm wu tha: Taylor should be the nominal por - oauer, and that the ship should be registered in hit nam in America, ao u to gir her the pririlegae of an American m - ot - 11 appeared, however, that the Araericaai nariaatioa U ws ajd net giee such prinlege to th ship of au. American atuen domiciled in a foreign eooctrt. The ralue of a ahtp wu tn a great degree dependent Bpon her obtaining an American regi - ter; a British recistar could not a owaJaed f k foreign bunt ship, and the - ralue of th lactone wu therefore in a great oVgre depeadeot - u uouusug ior ner an American register. U - wu Oei7med by the plaintiff and defendant to rgister the ship ia th name of James Robertson, of Cbarteet en, a person known to both parties. For this purpose it 'was neeee - aarj tor - prate that the Yictoria had always teen, and eoa - risuedbo be, American property. The agent who rmreheeod the ship for the pirties wu therefore required to make, and actually made, an affidavit that tha Victor. u boaght be him u for and on account of Mr - James Robertson, of hariestotv aforesaid, a citizen of the United 3ta lea af Ame - ,. .Ke watreallT and truly his crepertjt, at id h dnerer Binccth aaid purchase been the property of aay other parson, aer ww ah erer intended to to be. The Ainitficaa register - ru Bceerdingly preenred, and tha altip in. that c - aracter . rtr J Torac between Lircrpool aad Charleston. tv. m t - r nart of the moner which had bevn maid for tbe - urea ate ana repair of th ship had beaa advanced by the xlr.Aaut Tarlor. and neon her Toeaees U Ldrerpool aha wu n d be Robertson to Tarlor.and the freicht wu Tceiradbybim. rerenl letters betweea the parties were readJand U appeared that tha isstructuai which Roberttoa receieed from Tjt.r solely, ia soma letters which passed be - , AiA not acre with tha u li traetiona ha reoatrad by o'her letters which were commnnirated to So rp, or which JA - t Iran him and Tailor jointly. Eebertson. ia his eiretDondence with Sharp, suted tbat ia cu - aquence of the I so that aomethiag of a ecc donaon of tarliar ill - treatment - decUrationt which the American naTigaUou laws required I mast to all such cases as cessarily tvkt place." Ia D'Agnllar T. him to make, h wu bound to assume the entire ,owrrthip I D'Aguilar," which bare a. closer resemblance to th present .v. .1 end that neither Tartar nor Sharp could hare case. Lord Stewell id down the doctrine, tbat th patient any interest ia her. This position, it. wu.insisted by tbe I endurance of cruel treatment - not only not a bar to the wife's plaintiff, RoberUoo wu led to assume, oy tue nnrate roquet; I suit, but raises ao presumption art: nit tb truth 01 her com - of Taylor, in order to exclude Sharp. Th plaintilf, appro - 1 pUint. That case illuatrated the " difficulty of th present. aeofcag that the intention 01 the otner parties wu to oe - i iner wu In that casa (at lord towu termea it) aa - ..v?irt - istemt in tbe ship, filed hia hill to re - 1 torted consent" to return to cohabitation, aad that not eon t.riion that she wu at that port. The injunction 1 Stowell thoucht it abaoluxalT aeceuarr to show that cruelty at Lire rDOol. aa hour or two after the Victoria had I coracaittad prior to the return to cohabitation had been re - atOecL and did not therefore pi stent her departure. To secure I Tired by cruelty subsequent. In " Poplin r. Pop kin," how ico mum oe peraave ububxumiw1. mwa croviir , wife, cohabiting rolutstarilr with her husband after the laat aet of adaln e. mar brine her anil. notwithstanding that co - habtUtion.auuiydiBeultea woold arise. Firet, for how loni a time wat that right to exist I a west, a month, a year, ot for ao fixed time t Was it to be left to oircaxaetance whether th eohabitation was - condonation or not I And if this que - J Lion could be Iert ta so Ioom and aaaatiatactory a ttate.wuai beeaa of tha whole doctrine of re rival by fresh offence I If cohabitation be not Bresumed condonation, many of th pre - . . - . . . . . ..J T - V . nous oiscnsMons wocua appear to nat - e neen nxierty ymuu tt tram was, Laat toe line ok msiuacuan ueiwven cohuhuwi and other conduct which would equally bar a remedy, had not, and. he might perhaps lay, eoold not, be perfectly , ob - serred. Thus, cendonation. had been mixed no with that which, though it worked the asm affect, was totally dixiimi - forgire aduhory, that tha - remedy wu fcrfoited, thaparty sbowinr. aa iaaensibilitT to tha In - nrr. Most of the obserra - tions in far jur of the wife's repeated lorrirenett only went to this that bar endurance shall not De conxtraed to be inaeatihihtT to . ininrr. It was.. not nteetaary. for aeea ral res tons, to follow out mora - minutelr the rat tuning - with respect to eehabUation after adultery amounting to - condonation,condonation, and a bar against th party condoning obtaining a nanuoD . uen waa no aaaimT in una uk. uwui in auesticeis of son donation the same doctrine was almost onieeraally attempted to be applied to condonation both of aduoery ana t realty, suit a laoughl tb two otreace so ou - tinct in their nature, that the tarn consideration! could not b equaay applicable to both. With rtapectto eondonatloa lor cruelty oy eonaouauon, taer wu no aoaox tnat wncra such cohabitation ia tba effect of force or fraud, it nrr eouVd amount to legal condonation. Then. could th passama - tion of eohabitatioa working cendonation be rebutted by other cirmautaacea. and if ao. br htt I H believed that no arjuonty coma b (oaaa bearing oirectiy on taia porai, it mi cutQi aajru aw U8T 11 evnneacn. oltvuu .ii caoS aaid, Cruelty in almost crery instance must oonsst of suettttiTt acts of ill - treatment at leak, if not of personal injury, v;. ..mmr., in tut of tbe ahioklr. Taylor took: a botr tomrj bond from the muter. Alter her am ral ia America tbe Victoria wu put up for sale, and aa offer of 2100 dollars wu made for her, which wu afurwanla retrected at ..ik.r mnnjTnrehaer knew that ah wuthasrlMect af a Chancery suit ia England, and might ho attache - on her cext.reTtge. Th bottomrrbond w,s then put in fpree.aad under tun instrument in snip waa aoiu. 1 i - .ayea uuu and the dtlenaant migat D asoutred to be erar, lli mere continuance to cohabit Tor a short tim after th last act of cruelty wu not deemed by Lord StoweUu he (Dr. Luahingtoa) thought he wu Justified in asying, that connubial cohabitation, after ttie last act of cruelty, 'wu not necessarily and unirertally a' bar, at condonation, to the wife't tuiu eren thouxh such cohabitation aright not be forced or fraudulently brought about by th hnaband. but might be ia one sense roluntarr. There were many Samuel DodaWy deposed that oa th errning of th 6th of J uly, at about 8 o'clock, he passed by Mirth tTTs boaaa, which wu within a few yards cf the Uanday Anas. Marthall came out with the prisoaer Birka, th farmer being anud with a double - barrelled gun. Ho painted it altar th peeple, and fired. Witness found himself wounded, aad ixdslmad D you, Thomas, you're shot me." Marthall then said. "D yon, Sam, I meant to shoot you, and if you speak another word, IH shoot you dead.' Croat - t smlned , lUd no other boainees here treept this, except this, that was, aad standing her Indicted for, a riot oa this tame erening. H wasn't on of th II did not happen to be at Nottingham wheat tba castle thtre wu burnt down. IT then Bred at Derby. Aftsr - wardi went to lit at Heaaor,and had beaa nowhara aba. Wu pre ant oath erening of the 8lh of July, when Mr. Barton't windows at the Manday Armix wer broken. Mar - rhall wu Mr. Burton' t brother - la - law. This, Vreaking of th windows wu before h wu shot at After be had been wounded west about 49 yards toward Ilkeston, aad then back to H can or. Re - examined. Tha riot inlictmtat wu preferred tn has - quently to this, but at the Jac xxtiiea. Ilis party wu sset by tha Blaea," who pelted thorn with stones, and raa tat Burton's. The witness's party returned the pelting, end than th windows were broken. H was past Barton's, going on towards Ilkatton, whoa ho wu shot by MarahaTf, wbo wu corning behind him. WEliam Maaon. Wu with tha VaUowi (" Whig lambs' oa the erening of th 6th of July. Saw Thomu Marthall between hit boas and Burtoa'i coming after him. Ha had s double - barrelled gua; he drew it up and looksd u if pi thing out aomo object, and fired ia tb direction of the people la adreaee. Witness said, Ooed Ood 1 what are you going tto f Marshall aaid. "Hold back.'or IT1 shoot you." Bo put the gun up again, and witness heard the snap, but dida t go off. The prisoner Birka then aaid, U a you, Tom, I told yon that barrel wouldn't go ; malt at of your plstoL1 roes - examined. Had the misfortune also to be here under th riot indictment ; hit didnl throw any atene,oc do anything at alL Th pec pi were qnist aaoagh where be wu. Ballared that tha atone were at thai tim flying at Burton s windows. WkUiam Najlor lirad at Mart peel, which waa ia H aad rosBembered the erening of thetTth of July last. Iired sear ManhaH'a how. He, Marshall, wu now dead.. Mar - aktit hslrl thegua, aad th other assisted htm with ataff to load it, aad they went back agaia toward Burton's bouse. Another witness then deposed to the charring of a gun by MaiaLall aad Birka, in the yard of the former, aad to Mar shall's carry lag it towards FAartoa'k sense. WHSarn Jfuatan. A matt of th. Bam of Ingher, of the Bin (CotueTTatire) partythrew up a brick, and said . D 0 iUlada, g oa." Then peittag began oa both Bid. Marshall had a doeVW - barrelled gm, aad took a direct tersl. What turned his head to tare his face ; reeeirod some shots ia hit collar - ban and temple. Reeled to the wall, threw himaalf orr, aad heard the xslaaioa of a cap, but it didnl g eff. Oa tbat occasion saw tba prisoaer pat hit hand into his right hand pocketand gir to Marthall what appeared to be a per coaaoa - oap, aad saw Marshall pat it on tbo nipple (J th gun. lis (witness) also was in the riot indietraent. lie had been tried for felony, bat mi aequUtei That wu two years ago. Hamad Clsemstl. VTu present at what was going so Ileenor on tb erening in question. It wu almost dusk when he saw Marthall and Gtrka going from th direction cf Mar ahall't honas towards (ha Manday Arms. Marthtll had double - barrelled gun. Birka wu beside him. Witness hoard the run tred. TUynea. ) f at MartpeoL, which 3 la Beanor, Heard MataLalt say, "IT! ho d - d if 1 deal blow you brains out," aad taw him fa. Birks aaid, I told yoa thai barrel would not go ; auk at of your pistol." Crcee - ettrained - Stones war net at that tim firing Burt MX house. Didatiea a stems thrown. The" Bbaea" were shouUne. Rs - eisraine.1, Belor aiannal ,nred th hnt tan Bcka tai 4," D a your eyes, shoot, Tom.' Mr. Hrxrxrr intrmttcd that there were great aamber mora wltnetae to the aim facts, whom he did aet think, h ni usury to caS. This dosed th esse for the prostration. Mr. Claeu eadreesed the Jury for the defenoa.t The houae of Bartoa bad beaa SBost outrageously attacked by a rtry larp body erf peraooe, ameemting to more, be beliered rtry many more, than 200 la number, and trtry window had been tmaahed,, Mr. Burton, had a child lying dead ia the boas ; aad upon the bed ia which she by the 'stones war lying ia krg numbers. Mr. Burton 'vu'i qilet, retpeoUble, iaoiTsauTa man, and had been onaer great apprehenxKini at the sett all mad nposi his house.. Marshall WU his Brother - in - law, and hi the hope of frightening away the mob,' ia which he succeeded, had .fired eff a gun, whence the charg had been withdrawn, a - Tory few emeu ahots only hariag been left ia it, Th injuria inflicted wer f th moat trifilng character, or they would, bar had the sarnoa called to speak to their character. Lie belie red that two of these small ahots had struck tha mad Dodtlay. Thar had Croat - examined by Mr. ffcarraxr. I nerar wu m any BnEtU weeB tha Derby mSBtia. Iwffl rtreaflwu hotm tha Bis nulitia. Hew often bare yoa been ia gaol! 3 taaaa perawps; but wu oaly twio ooafiaed there so that I could aot get oat.1 (Alaagh.) What wu that for ! I wu coraan'rttod for trespassmg on Mr.Maadayfiold. Did yoa see tea Ingher that rrtoing at Bartoa 1 Tea. Did yoa hear th gaa fired ! I im not confident X did.. . wu at th bach of th boas at th titat th gaa weal aaV Tea heard when yoa cans bask that they bad find lb gaa ! - To; I hoard that Varshan had fired ft. Had Marshall th gun with aim v Yes, Did yea not, th day after.teU Mr. Eran,of Haaor,that ft wu through Ingher's throwmg (ha first atone tWrow be gan f - No. Wasn't the Manday Arm a Blue bouse T - Oh t Mia par. ties went there. v Thomu loghrr nimined. Wu at Burton's on the rren lag of this disturbance. Left aad want towards II tenor. Did not BMot MtrxhalT. Saw thmob - bomiag ; afterwards saw Manhall going Into Bartoa yard. Did aot see that ha had any gaa. Saw th people break Burton's wtadowt with stooea. Did aot hear Marthall xayanrthiag to them wu there about half aa hour. Stayed ia tha yard, aad whilst there, they brake the wiadews. Croat - examined by Mr. Hcsmrr - I west away before th mob left I didat hear a gaa find. MartUIl wu walking about,' Saw he had net a gua ; heard of somebody being shot, Vat did aot hear who it was. Did yoa not throw the first stone 1 N'o. Will you nrser that It was aot oa yocr throwixg a stone that the ethers did sol Yes. I nerrr threw any stooea or law any thrown. All wu quite peaceable oa tha Blue aid t MlddBag lor that. (Laacktar.) They wen obliged to bo quiet. Th Ytllowt ktpt them to. (Laorhter.) Ooarra Alton, a youth; 10 yean of age, rrsmfnoil, txiJ I went oa the 6th to Barton's house ; tb srowd began break (ng the windows, and being afraid I went to Marshall's, and told him the mob were breaking tb windows. Ho took his gaa dowa and left immediately. On tririfnsd I did sot see Marthall fir the run. Mar shall went towards Burton's hoote. Edward Breataall examined I wu serrtng u a waiter ia Burton's boas wben the crowd earn up. They shouted, and cried " Fin," and Immediately a shower of stones brokt alt tha window ia the house I uw. Marshall ia Mr., Burtoa'i aiaee with his gaa, its mnxale towards th grOTn - i,and ripping or shaking aomsthlng out. Mrs. Barton b ManhaXTi sister. She had a child dead in the house at the time. Cross - examined. I did aot auths prisoner with MsrshaTl la th dose at th tim of th attack; hat saw tboat together la the count bf tha day. Jonu Stngletoa sxamined. Hs stood near Bartoa s hoasa on the sight of th attack, aad uw th stones thrown. Heard some of tbo mob call cut after th gun 'was fired, " What cowards ws are ba caa only kill on mors. Thar will be plenty left to km him and pull tbshoas down after." Mr. Hr.rs.rr, fat reply, eoatended that th witnesses for the defsoe had corroborated th rridenoe for the pro secution. Mr. Justice Wauaxs, ia charging the Jury, srpiseted th utter and entire arertion with which he beheld anything Eke a" poUtleai feeling entering into aa Eaglish court of JbsJos. That party spirit should aria wu th inerrtable result of free irm hntiont. That men had aa undoubted right to malntara their own opinions, whaUrer they might be, he wu tba last man to deny ; ba It would be aa stQ day for this country If, ia sank a plaoe, feeSurt of 'party wer erer sQowtd UlnteTfen with effect. Ia auth a ease he would merely tell them what In law ought to be prorod. and tear them to deal with the facts of th east. Hi Loaasaip the went through th rridenee, partaealarly taZUag attantlon to th cireamataae of ao mention bring mad of the sit of the shot, and the distance at which the ga must bar been find, from th slight effect it pro okmed. Th Jury, hariag expressed a wish that the rargeoa who had extracted th shots from tb different persons who wen struck aheuld be called te apeak at, to the sue of them. Mr. Dare - port, th surgeon.' wu called, aad stated. ply te questions front the foreman of the ary, that he took eoethot from each person. There were more in each (the shot wat produced, sad sppeered to be what Is called No. Ti. Hart wer shets fat th internments eorering Dodaley's stall, bat h did not extract thera, u they slipped away, and ba must hare mad a eoeaidertbl incision to bar don ao. Mr. WiLLiaoas wished the learned judge to ask tha wit neat whether h had aot stated that either th gaa matt har been kvtffeotirely leaded, or find at a rery great distance but seme objection Belsr made to it. tbe - auastkm waa not put, The Jury then erjasuhed together, and whilst doing so. - Th Clerk of the Arraigns called the atteation of tbe learned jufg to soane person whom ha bad just obeerred at tempting to speak to on of the jury, Th person wis brought before th learned judge, and inly reprimanded. The J try," after a few rahmtes, returned a rerdkt of Aof GmUy. Mr. ilearaxr, hariag aoaferred with the learned judge then said that then wu another mdietment against the same prisoner connected with th urn diatarhaac; but at th suggostioaof tha learned Judge ha would eonaent to its being withdrawn ; and ho hoped that it, would restore a friendly spirit and good feeling between both parties, and nothing more would be heard of these election squabbles. Tba 'witnesses (" TcTlowt") for, the. prosecution against whom true bills had bean found for participation ia tb riot wen 'afterwards brought into court, when th indictment wu in each ease withdrawn. rUAOSlTTO liCD PTBJCET. Janies Bamford, the younger, surrendered himself, accord Prrrioci o the patting of this aet of Parliament, at erery ( there, li tenured hit rote for Lor i Wurperk and Mr. seatseted eaeetien tW rig'et of 0 tr to rouwu subject to iOiborae; Kr.Uroseeaoc ansaded u tha sheriffs depaty. 1 q - aeetion it th poll ul fordW pSTpow sf faeUiUting I reqaerted him to put to te dereadaat tbe'juttions preceM th takiag - af sa th lUlarca. At dWu that a 'by tie Btform Xei TW rstIo4 tt.iu pU toin Qat of touts ahall b srepered year by year - ly the wat thit, " Arejeu tU same person ahMsaab icpaa M Thoeoas Uarrrmaa en the register of foUrs sew rn forus foe tb southern riioa of th county of Derby r II answered ia tU3vrmatiT,aaJI telre ha aaid," I aaa." By Mr. Usarsar Wr the qotatiara reed from a priat - d paper I Witaesv Yssl, Exaadnation centiaaed. The teesevd oaestion put to hint wu,' - lUre yoa abeeJy - seed Bare or stsewher tt thi election trt thesoatheru dlristes fosl eottnty of Derby!4 To tb third question, which was, Htre m th saaa ouxnSeaSon for which your' nam wu orlgiaaSy Inserted h th regiatrroi roten new la force for th toalhera dTriswa of the eouatyof Derby l" he said. Ys I hare.' I then required th sheriff 'i deputy to pel tbo oath to kire ; he did a,an4 tb defendant took th oath. Mr. Storey, th Higi Sheriff to.Leiettertkira. wat aloes to my sibaw at the). time. - Ho said, " That ia aot Mr. lUrryman; Mr. ilarry. uan breakfasted with xas this morsiag.' Mr. Srorry waited eircumtuncea in which it would be exceedingly dim. been no Intention to do say miachW, bat merely to of the freight earned by t'ae thin, might cult, if not impossible, for the wife to withdraw from cobabi - frighten away those riotous people from th house, which ty of the War.ee, after raying e2 ex - , UUon, especially when abroad ; and if such continued eoha - vj WILI. demt - ished. The mention about a pistol had .leir.ti The d.fendar.t, by bu antwer, ! biution wen wholly nuaccompanied with any intention to "7 T" , . eTTr!!u iT th n!aintiff and iomt ownen of the ship, and that an account of the pro - V. ;..t. 1. - - J .efv. r..;.v ..ni v.. ."..v:. .T.v ceeia ji uk? 1 - , be - tiken. and a molt Lid,heUlbei alwt.TC willing to account Ut erery thing J coadone, and with a determination to sepsnU on th fim tole'T wth th urn riew. They had nothing of , th te bad actually reeeire'd. , . . I opportunity, the Court could not hold th wife entirely ' tor: with thCk Tbo learned ooantel then proceeded to' call J II. 1,111 . ihj rukkK. i aw uii puuin fxmienuQj, ! oepnT - a 01 au renwaj lu caana 01 great iiucuj, huti. wu, q. wifnattfl for tb utfance. 4V. tbe rlief which thT sourht WU not to earn lata etfdet 1 wu u luann In Tieliera tb.t the btuband was emMmiatm Kto - .nr ane - ment which, either in Krulaud or America, would I rUmu. The Conrt most consider the safetr of tbe wife, and a 1 Martha Qulott Wu at tha Yellow - house. She meant the b ujjsnful the hlE stocU only to share iu the profits of, continuance to share the husband's bed might not, under fjan, which wu about a mile from Burton's. Saw John W f". , 1 5f 3 - "aua, Qruiuiwaaor - , iu uit w urarre v.. .u j - (, toaether. This wu about half - cast 6 of the defendant - inot afraid of renewed nolenee, or that th husband . L. ..TT ' t aiu - pa - e MrrBcacK and Mr. llitLor Ciaait, tor the dc.radnt repeated, aad LuUnded to treat her with liindnesa. Th ! o clock at night. H told them to smash erery Bhts window, said, that if the demand of the plaintiff lud been confined general principle of condonation arising from connubial , and Tom Burton's house. Hs said there wu a ortrsign for to what WU now ataeo at ins nar. tne su 1 wcuio oaT oeen . intercourse, tuougu not aouieiy jorceu or irauauieai, wbe Vv ,v j - w v. U oat ia drink, unnecessary. TbabUl had proceeded againtl, bvth the facts and of saoh condonation opereting u a bar, did not, LT ,, " 77 . : " arma. and. tht law, for it sought a declantioallat the plaintiff wu in all cases of cruelty, unirersally apply to tb wif : wtethsr bey ail then filled thif pockets with stones, and picked . ,.rt mr. wben. in fact. Robertson wu exdusirelr the snch inlaroourae ahall operate u a oar must deBcnd Ocon all stakes eat of tht hadcex, Ther saioL " Thae'd kill srerr owner, and th defendant, in ail he had done, wu only his 1 the circumstances of eaeh indiridnal cats. Without pretend - , nj. be - cxm nigh, and they'd kill Tom' M'pll if ing to oenne me ormnitiaaoet wmcu aaomt jorm xjouaua 1 tr 1. ,v v: t, .. v . t. oX exceptioe, he should proceed to ooutider the faci of tha th9Jr.f'11 wlt 7 . J1 B awebed oft' 1 8h did case, lbs learned J a art men went, larougn tne erticjetj iouuw, ouiavareu neuuia at we neajuon. srriaait, oseemnr, mat lbs btwii tuarg - u cwoiacuosa n 11. . , .. .. ... . . almustlrom the period or the marriage; aad if the charres , Cosxamihed. She wu ,aoti a Blue. Wu nothing st were true, the riolenc and brutality of th hatband could13 - She did any thing th could to ' get a Hring by. Didn't scarcely be surpassed ; bit they wen ttptrU charg - t, and know thai the wu Trry particular la tb ditpeasaiioa of her um vwirt iiMi - .i uau m wj uw nuni,vi ftTOUTX. .1 . j:... - v. - i;t. r tv. i it, :.r;. .v. .:.i . , which reeuired reformation, aad rejecting aomo, he held the Mu7 lcf "wra and sxamined by Mr. Wrtt - oat, libel (itbisct t the obeerrationt he had made, and to the re - , deposed I wu near th Red lion on the 61h of Julr. smauous uirraw w i - awiiiaiM.. " TbeJ Yellows' (WWg Iambs) , wan filling their poekiM ADMIBALTd - COURT, Wenxusar, Uaic IS. This wu th default day after Hilary Term. The Court aat for a abort lime, and disposed of motions, but nothing of pabUs inttre't occurred. arest ; and if tbe fact had really been aa they we tc stated, the air - ement to defeat th ntrigauou laws would ban been illegaTin both countries, and the Court would not gir effect to it. The account might be 'directed on the footing offered by tb antwer, bat th bill, so far at it sought more, snooia oe aismusea. .. .ir,i .. Th ,Vica - CnaxcaXL0 said, that , then being In tha an sww a rabnutaion to account for what tbe defendant had re - eidJ in iwnHt of the shin, he would direct aa sopaant to be taken on that aobmisaion of his payments and ad ranees, tic? fif neh - arainta. The Court was not caUad&nen.tO exprsas any opinion of what it - would bait ,be neces - aary(ta ban done if the defendant had insisted apoa the, Illegality of the transtction as a bar to any relief. When a contract wu liable to th objection of, immorality or iUega - Lty, aad wu one which npon grounda .of nabUo polirf lit law would not recognise, tbe defendant might no doubt Insist Boon thai ohlection. althonrh aneh a defenee sru Msentiallr a diaUooeat defence, for at between the parties theanselrss this oaae would be the tame aa if no inch an okjortioa ci pabU polk - existed. Hm, hewerer, tbe defendant Jud .aad ho was bound to say honestly, submitted to aeeouU. treatise RobtrUea u, the owner of the ship, and the plaiutul . and .sVlsneast u entitled to nothing .nvon thanitsberVi sont a, man of honour might rUe thirsVi iU ooald.BOt, aowersr. dsnuss any part of the bUl ; at rtapected tb attrits ef rase, if there wu a defence 00 the ground of - the iUe - audit of the trtnssrtion. it wat a df - Be wlich nUASt ,hee been lakes by demurrer ; the defendant wu at Vbertytoaxwwer fee. tb Mr - oee ot r - petling tbo iaimtttioaassbieheso - s founded on tbo twofold character of ,his Jettan ih bad snswerea, but naa not repeiea tnoae tmptona, ao fore, on tb ground of eeeta, he could not daua the di sTQiat part of th casa. Th aeconnf ofthj psymjnia.aad reea - pu ot u oeirnoant woau o aooorajngiy party Mturoraaroa to psy any oaianoe 01 teal ialtaToaBtinatCB. . m sf aach parish; to whom aetlesa of claims to rot , mast b giran I this Cat being rtriaod yeariy by a .barrister. U naau sgainst which no objection sa U sustained, re - nasia am tha Bat, - aad U thsnb - eoatst the regwtss of the eUe - tors, and Untarasd hy'tb rcrhxariarriitsr.to thederk ef tha psass. When an tler&Mt takes place, the to tee are taken sceorag U that regjater, sad fnrtba jrarpauaf faei - mattaf the polling the following yiostlorrs an pat "That is to at," tsnttaaettlM itt, m. th retarnmg oAcsr or his dawaty shall, if reWred oa behalf of any eandHato, pat to aay rotor at tba tim of tendering his rots, sad not arter - wxo, the following osettioei.; Ar you 1 samo; parson whose nam appears u A. B."oa tha raapstsr of rotors now in fare forth eounry of f In tha aaa it would b "An yoa, Thomas Hsrryman, 4efor tba eowaiyof lerbyTTthis the prissnex replied ia the aarmatrr.; Tbe next a, " Har. you already reted, either aer r where, at this electieo for the southern dirblon of the oooaty of Derby !" To thi the yrisorurr said, " Ito," aad that wu true. Tbe next question is " Har yon th bum aaslilrs - i tioa for which your name wu orixinally buerted in th register ef rotert new fa fcrse for th scuthern mraiou. dt the eounty of Derby V Th prisoner replied that hs had. Ia fact, h repressntsd hiaustf to be Tboa'IIarryataa, and swsr npon oalb'that h was so; yiw, this wu a question seriously affecting the public ixttrestx, u well u th rghts of iaaMdaals, foe the jury mast bo - swan that La a eoa - tssted election, rher two as three rotes would decide it on wxy or another, an offense of this sort mast har a most mia - chieTOaa affect. To protect the pablie, and prirato persons, from the recalls necessarily consequent upon a person actiag u the prisoner ha 1 doat, who swore that he wax a roter for the county of Derby, when, ia fact, ha wu aot, and aerer had been, roooans mast be bad to tb law ; for the Reform Bin laid It down that aa election must ba decided by a legal ma jority of rotas. Bat how could then be a legal majority if permitted to aet with impunity la the manner tM prisoner bad dons t He not only did represent himself u TiwmuHsrrymaa.but actually rotei uTborau Herrymea. It as happened, hewerer, that there wu a gentleman in the polling - booth (Mr. Storey) who' knew' Thomas Harrymaa perfectly wtQ, sad that, he wu then outside th booth, prepared to giro, bis. ret for Mr. Monday and Mr. ColriHe: but the prisoner retsd for Lord Wattrpark and Mr. Gitboriii, and directly h had roted he wu stopped. Thomu Harrymaa then, tendarod. his; rot for Monday aad CelriUe, but the - Sfieriff did not think proper to neeiroit. Hs would now proceed to sdiuf such rrtdencs u would lea re not a restige ef doubt in "their minds of the prisoner's guilt. Mr. June Simpson produced the writ' for lbs tlectioa, which wu read. Mr. John Flewksr sworn and examined by Mr. BiLOrr. I was at the Bontiriationof candidates oa tha 10th of July last. Mranday and Mr. ColriHe wen norninttedi th Conterra - trras, ana Lord Wattrpark aad Mr, Oisbomo as tha Whigs. A poll wu domanrled by th late Mr. Philip OeH cn behalf of Messrs. Monday and ColriHe. Th pel! took slaoa sn the 13th ef July. Gilbert Oiustaaot sworn. I sotod u deputy - under - sheriff lath polling booth at Malboarne daring the last election, and nowprodae tha general register for th southern dirisioa of tha eounty of Derby. I brought it front tb sheriff 't - efSoe, wben I am clerk. W. Marsdan, sxsrainsd. - X act slerkin the offloe of tha clerk of the pesos. produce th rerUdsg barrister's listlfor tha townahip of Breast cm. I hriag It from the records ef the Court of Quarter Sessions. It is aigud by R. Miller, n - riting earriater. Mr. Hcarur objected to the reception of this list with out STidene of th appointment of Mr. JEBer U miajag barrister. "' Mr. Justice Witiuas eonaidered it would be'suffleieat to pron Mr. Mfflsr" baring aetad u nriamg barrister. Mr. Hnrrazr contended, that Becoming to a recent ded siou that would not be enough. The learned counsel died the eats of a person tried at Warwick for corrupt perjury, where wu held by the late Mr. Justice Park, that there being no sridenc of the appointment, bat only bf the acting of th rerieing barrister, th prisoner was entitled to an acquittal. Tier wu another east at Lincoln of a Master Extraordinary iu vuoc - rrj. a m sensing wxuen n nan just xncttllone by Mr. Justice Park wu cited on the. Question, and th leamod Judge said, that if th prisoaer wu eoarietod of perjury In tbat ease, tb question would b rmtmi for the opinion of tha 13 Judge. Now, that eass before! Juitio Park wu pr - ciaely la point, for th learned J dg said than that u to magistrates, eceutahlss, and: all other ancient' officers, whs wen kaowu to tha public, acting usnch was ruflSdsnt proof oftnetrappomtBMnt but tha office of nriaing barrister wu new appotutmsat,wu held only from year to year, and his Lordship ' must to that ' it wu tieeeaBiry for him to be ap pointed, by writing. Mr. Justice Williams. Than ia not a ward in th act about writing. Mr. Ucvrur. But supposing it not to be necessary, there is no Ttdenee of bis being tb rmaug barrister at all. Mr.JaxtlceWiLUeJta, If tha person named in tbat paper acted u such rerhuag barrister, I shall not require any fax - ther proof, canttb sroTOd that be so acted I Mr.BALGCT. Ohl yes, my Lord. Mr. Flcwketwuthen sxamined by Mr. BaLotm and said that Mr. Miller, th r - rraing barriter,whose nam was signed at tb sad of tb list in qtesUon, had acted far many rears renting barrister for that dinoon or tba eoaaty. He the laat nriaing barrister. Examined by Mr. Hrararr. My belief is that his ap pointment norer hat been m writing. Mr. BaLOCY said, the words of tb act were, that erery such book (meaning th book in tb custody of the derk the peece) thoald be deemed to be the lUt of rotors.' Mr. UcxrasTy Bat thera is no eridance that it ia a cope of th rerUing bamater a litt. Mr. BaLerr said, ha offend in eridenee the shr7s' book. The act of Parliament Imposed on the derk of h peace tha duty of copying tha retising - barristsr's bat : th copy made wu returned to' Vh aberiff, and that copy wu ta deemed to be the list of rotors. Mr. WKiTCHunsr. said, tba question proposed by the was, " An yoa the tame person wnoss nam appears u A on the register of roten now In' fore for, th county, Is - , of Ana after tbat question wis pat it wu than to him till he got. oataids tba tail way, and then Baited, tha defendant and took hira sway. By Mr. Wrtina - . Wh nTeted the depr - aher to th oath I I did. I aa not a Toter Mr. J. B. Storey wax than eaCad aad examinej by Mr. Wmuiuur. I am High' SberiT fcr lVtmterthin. I teued the prisaner st the bar on 'Ji 13th of July. Istw him at the pulng - booth 1 cvHed toJUfaymaa, who wu near, and I said, " Tbu man is personating yoa." I aa quite sura that the prisoner at the bar is the man. Thomas Ilarrymaa called aad examined ty Xr. Wans. HrsJT. I lire at Nottingham. I hare a freehold st Brsa - stone, and am registered ia'the poll - book for tbe aonthen Jirision of th eounty l Derby. I remember Mr. 5orey bringing the prisoner to )xse at the person roting ia my nam. The prisoner at the bar u tha person. I afterwards tendered my Tote aad wu refuted. Mr. RniratT hen took an objeetien to tha instru ment appointing tb dspury - eberinV It wu without a stamp. and therefore not legally a good sppocntnvent. Mr. Whit ta exit aaid, that La order to tare argument, ba would withdraw the document. J Mr. Hrarajtr said he could not allow that, and mart beg hit Lordihip to take a note of tht objection. Oa th autho rity of the case of " the Que - n against Kelk," which wu reported in a lata Tohzme ef th late Je - rmml rportt, tb dseument ia question eoald aot ba receired u sridenev la that caa a writing, purporting to be an af point ment of a person torota by proxy for eommissioaers, aceordiog tt Ileal act of Parliament, for the' bcrosgh of Newark, wu held th Court of Queen's Bench to be aa illegal document beeanat ft wu not Manned. Wha rerpect to the sppoint - ment of tha. derk of the pesos, it wu heli that hit acting wu sascient ground to prssanM a rood aproutment: but in tbia cat then wu th actual appointment produced, and it wu not stamped. If ft wen to b.reei - d erideuc at all, it wu necessary it should bear a stamp: bat u that wu not th caas the appointment of th deputy, sheriff wu aot a legal one, and tbe oath could not properly taken before hint, and tba dsfendsnt wu - therefore ea. titled to aa acquittal. Mr. Justies Wl till as said, that ta this eass the deputy. sheriff was net seeking to enforr tb legality of Ms appoint - meat In a court of jasties, though it seemed to him that his appointment wu within tb meaning of the act of Par. fiernent. Howerer neeeaurytnerefan, ft might b to pro - o ia a eourr of fustics in order to'snfan - i an elatrae it would not toTalida!elhe nature of the sppointracnf , aad hs mnaf comudar himi to haTrbeen properiy acpeinted. Tha gentleman alluded to bad already, stated that ha bad acted aa - JLhe deputy - aheriff daring the whole of tha election, and h tboagH that that was tufficitat. S Mr. Htntraxr declined to address the jury uifaroexef tbo defendant. Mr. Justies Wii.tiiart hsring briefly tnarraed up. The Jury, after a few aunntea deliberation, found tb pri. soner Gralty. Tb Mnteaos wu postponod. OXFORD CIRCUIT. STAFFORD, Tussoar. Masca li. Caow - Cocat. Biort Mr. Juliet CusswtlL) . WlTHam Sim - ton wu this marninr - nlaeed at tha bar sneer an indietmeat chirring him with stseimg sparse, a piece sf rmr, ana a nrrmnoT 01 orereigns,tn property 01 JonaMtwitt. Then wu another count in tbe inoietmeat. asrinc the ore. perty in the ordinary of the diocesa, James, Bishop of Lich - M r. Onares and Mr. KrnnsrtVr wen for the prosecution : tba prisoner had aa counsel. M Ulyun Hewitt, who waa mnrderad in J ass last, ws aa old man of penurion habits, who Jjrad oa Wstlsy.mor,aniI hue pnsoiier iwm near sin. xaswiu was pnrN to nan been tn the possession of 1 soiaislgus a abort tbna before nst aeatn,.ancr rtwu anown tn praoneraaa sseertatneaj that ha kept his moner about his person. The deceased wu seen tn tn pntonsrs company Between 10 ana U e eleek the Saturday whsnhs wu nrornsrsd. near the nit when his body wu found th next morning, and that rtry day th prisoner, wbo had recently eossplamed that he was rtry baoiy on, spent lour as - erstgas at aiaersai pisses in tbo neighbourhood, ami wa sssn ia the' poassssiaa of a nrtn. Un ta iSanaay xoarnuur alas no onereJ a maa a tOTtreign to go with him to Kidgtlty wake, and aaid that be anw wnen n couia una stz Btrenigna witnia &t TaruSOX th tnnpika - road. Wben be wu taken into cusCedr, a pmrss snA apises as xsgwsrs tewosi spoaiSJB.wnisaw - rS' ideatined u the property of the Jits till. Some marks af blood wen also discorared ea his waistcoat, which he at first attributed ta the fact of soma, drops of blood beirg ra tha lock - up when he 'had been confined; bnt aTtarwarat ae - couated for by aeyiog that his noes had bled asi stained lie waist ooet. After bin acquittal forth murder ia Jab baa. no stated upon kit n - epprsasnstnn tbat if tas. aaaa aad, ley wake, and he bad taken ike six se - ersigiia. he shoiCt hare been h anged, and nothing could hare aared hint. Th position in whiea th body ef the deceased wu found, aaa tar nature of the injuries which Be had reeeirad.ieomed to Wai kt th oonclniiim that in all probability death snaned before las money wu taken front, his person, th left pocket of th trousert worn by the deceased being cat of, while the left Baoa wu ryrsg on tn ooay. 1 no prisoner wu lonna Crewf . MTtHUPI ! Il Mil, A IHUUU .1 Bff, . M - not ban the least doubt , of your guilt in stealing the ura - V perty in queatisn in this eats. It would net bacons m now, at that is tbe only charg before the Court, to eomnwat oa that nearter aegie ol guilt which may nan beea idt t a is the tarn transaction. That it a matter betweea yoa. and your conscience, but u you ban been acquitted on that charge, I say nothing; about it, I feet honnd, howerer, to pass oa yoa the heariest sentence that the law aSews, which u, that yoa be transported beyond the seat for a period of seren years." - Tha prisoner, wbo both yesterday and to - day manifested' be en what wu the right of roch person to rote. If. there - 1 .?Tt Zir Td. hit Innocence. . - a Spencer and John Lorett were eamtah'y Ukiicrei r ifore, a person wu found making a false statement, aad he ' testing was registered it a roter, that wu all tha; ft wu neaeatary tol John rng t6hbj reeognixancea, to answer a cbarge of personating pnre. If a man swore, no: that h wu nUtld to rota. ' haring,ori th - night of th. rzhot iroterat tbe laat deetion for tbe acrUtotn d that bewutbe person mentioned in the register of jdfor baring woundi with .ht to murder thesn,U voudij ei axrroyx i uj - a ti 7 vaiemwui to inai enect, uen no wu J sale Weston Turner ana Mary nia ww. imn - -".,Mr. Balguy and Mx. Wbltahurst conducted tha prbssea - ga - ty of perjury. coont in the indictment, alleging tne nureury tion 1 aad Meatrs. nrarrey, Hill, and Wlidman the defence. , Mr. HcarasT said thafint allegation in tbe lietniit J1 F Mr. Collison, tht clerk of the arrxitns addressing the pri - ' wu that Harryman's name was upon the Hst of Toters, and Mr. P. Y. Lee condacted the exee for th proseeutiooj oner, aid, " Jamsa Bamford, yoa Itaul indicted, aad this ' that he wat entitled to rote. Saw that allegation must be J Mr. Yardley defended Lorett, and Mr. Alien appeared 1 muicimem nates mat a certain election wu notaen lor tins " - wuu. . out uis lesmea inena nsa only ;, i - .Vf.. rrnling at Hatberton. ia county on tbalSih of July, in th Sthyearof Her Msjeetys caued a person who aaid that he waa a clerk to th under - jthU county, and on the 12th of Cober hu fxntny, eostistmr reign, and that yoa In th pariah af Mhoorna, in this county, sheriff, and receired thit book from somebody whom, he sap - 'of himself, his wife.bis daughter, ani a terraat girl, ' fjf. andwithia thsoatherndiTidon, itorrt,1 Wf - patt 10 o'clock, baring PrljJ' election, and thereupon' Gilbert Orosrenor, the deputy - she - 1 Jr. uros - enor, in answer to a question from the learned ', e por w wakened by tbe noise cf a ptr - riff.;fer, th eoaaty, being nquind by John Towla, the Judge, said the book wu brought to the SheruTs - offiee by a J son entering his room, and'npon his erjfag out "ITbaart. younger, did put to you, upon oath certain queitions required ' pererra who wat in the oSce of the cltrk of the peace. 'yoa I 'What do yoa wantT he wu aRwked ls by the act of Parliament, and the questions put wen these I Mr.Hcxrs.XT urg - a thai it must be shown to be a copy of I fr , XJTl. - K n sTnd witS'tome Are you the same person whets name appears u Theovu the rerwagharrWer's list. Soppcee the reriaing barrister, tiitrp cutting ioxtrument, utbg at the tame time language Haityman on tbe registsr of electcrs of the southern dirix'ton . whoso ddty it wu to strik out th nam of any person who 1 of the mas? coarse and xtolent description; Tt proal' to to artnaow, - v v: if eet of thri that u to say, you CUJ stats upTO oawtha. Jon wer tha tarn , peace aaa maue rrg - jier wiui me nam in it, wouia Jlarry - , of the beSroom into the public road, a distance ot a; - .enpMrl; 7; - - - - r - aa. , "l. - rJZT'Z TT - TTITkaiBSed. 1 and alto that you U anlawf aliy. wilfally. and Ull, state P - ce to oeciu tax, quer.ion , i,wulftto the n - 1Zml7 51 - ; that yon were errtftlrd to - tos u an elector of the southern , rising barritter. - ! corered with blod, wat brought into tit haute XPZ - dirWen sf the'Ooncrr of Derbr. w - Q knowinr that neither The learned JcDOt said, he woold. If tha eerneJ nmn.l wu dixcorered that the narlour door had bean unfacttnat. of the county of Derby I aad that then, and therespon, you wat not a roter, had struck out Harryman's name, being of aa ddmaa, then gt. to, did "wleledly, wilfunyrand unUwfully mak a falsa answer, opinion that he wu not endtlod to rot, and tb clerk of th Jfi 'JtJ. three cf.taeaeriiterntmtt wu trae." ; Th prisoner pleaded " Net guilty." Mr."Bil0CT opened the lease. Th jnry the sai l) had Tb leamod JtrooE, said, he would, If tha aamed counsel wat diacortred that the parlour door had bean pfactfaM. :v.i. ..v ,. ..i. L, . v. ; - v.t.. , ,.t v. v - ,v - ,t. .nJlbraugH I Mr W H Thneon thT v Wtrann thuTeffe , mm . - r - ' j ,yt - m ry n . ....... - .lsaUlu aatwul,H)I1p iji onTsnnn - Btemi laowsfn - nu, " Tol - St - haerd f rom th ofaoar of tha eaurt what was the natnn of peacs for the county of Derby. Had asm thi.bw .v.. Ubledotb, axmalitun of money In stlrer sndcopper.aaJ - - r - t ...... 4. .. '..: . - artie!ee.Tvs footmarks of two senou wen seen uodtraet - a. with atone and brickbat. They bad large sticks ia their hands, I beard them swear by all that mads them they - .v . ' ywi.iiT,J MM SSSl BSII SPRIftO ASSI2S. MIDLAND CIRCUIT. - ' DERBY, wiroetSDAT, Masch .11 - Myxows Cocas. .Btfor Mr.Jdiem WuXLiaa.) i Thomas Birks 'wu indicted for aiding aad ' absttlag Thomu Marabali; at Hwnor , ' n thit county, on tba' Bth of July, bet, U feloniously ahootmg.at Samae( Doysley, within tern le in htm srwie rrisTOUS bodUT haras. - w .Mr. Humfrey and Mr. MUler eciattsa to proascution, BniibClarka and Mr, "tTOixir yr'im''iU with ;:if they mw'Tom MarttH, they would staraer ti - My katbsnd wu at Barton si I went to fetch him been, and met Mr. Marshall oa my. way. I told ibim, then sren .290 persons or mere - eommg armed with' ttlokx, 'staffs, and stones. Itfsndmjr To murder Hat - V ther 'eonldL He said Wall,! don't cars, ifthaV.atoBOt 'laan ma, I:jbSi.!(b - lur tnsav - us txnrasoiarsly went towards bmanrakoaaa. TbsTttonn wen' thrown 'against the whviowx' of Barton's none - , wares were su ematnsq. 1 Q1S not SSB, aSJJStUtU, CTSJ i aaa not snow tnu say ttonss wen Qa - owa from MsAkalTs hons noon the YsCowe ' . tr . W.'. - - ii' ..'li te ,0 .'. - . - 1, vroarxaiania oy str. cxrxxr - i ao rotrtnoW wtie - - is'bnmV - . - A lam' lb. ItUl iBltL. BY, f J. 'A ' .! t - offenea W laopaniag oBea, and eompand H with tha. original list. He wmt Sdoww this case on. the part of "iie prosecution ae thould rery ears - ' tarouga ta whole, and It wu a true eopy. I road till iher cam u a green lane, whkh led U D uaca fully abstain from mating aay osserTaUosrealcutea to ex - atr. Juuca. viixuxx. - - inat endenoe I shall deddedly i tn - ultga ox uannocawasa too xnaca wu(ww ( cetre u sumcjent, - ' ;c , - ;t - r. . . .v. 1 morning at VAurcuoruige. aoom a mu i eVSP Mr. HraruT stated the caa to tbe jury, from which' tr aonOsnd tbat at tb Otto l - ttou forth BSilririxWa,'of fthls aounty tb Monday Arms lii, id Umum. jrhUh ww iHre.l,xWWrs4 - ,i. - lor - urt Jj VtW tJ a. AJSieT SMtt W ther my huaband b b th "; fija,tifTj(Wli IdYaei Ur sxbfbUmi tba nUoas, avlsyBwisiittMfa . rf - .etav 4 LmU : U '! jt ttiala m JmUlhn a t (fhM lf 3 - a'el Vso Thepo - eita undua prejuoicea m t& suaut al tht jury; he would j rscstre tndearour to endnct the esse with the same calmness and Mr. Grosrenor, n anxwsr U a question from the learned 3. kmu. on the road leadinr to Walaall : asd thty BidTaUetv.whh which, he truttsd, be oondacted (rery Judge, said, that all the list s used U the pciling places at the , also teen the tame day in Ian leading from ftJaJw si aUetien wee. naite a .v., . . ... ,, Knahail, BOOUt IOUT Bill t HUB IBTnST Stmr, - " - . boy, named William s, toand, aa hoar nrfors, a '"a sia,arhid h,had. tha. honour to appear for the last tlsctioa were mad boa that book, and ware all eom - itqS$fnJA T'J1,T W; 'tij, la) ipm tt ptrdwitsti. f " - '''?''iTtn Mr. Vmtmifm.mV&tA (bpatywaherilt by up in a handkerchiafi bis 1 or torinTU say' of1 that' "beat which to frsquentlT prVrjailedi0?1 'btmtoatol'abjctioaa; tvoog naxte.of, different Bentimaatx. The often tnrpotsd to tW - eioar "V i - .1?.. iJf - m .Wt.(jU'J.r. - - nv - nsnt,iewBK us iv .myyna .me.sitsiiuaiv. yss) arr. Tb act to which he had aflndsd wu the 3d of MfR. am IT. (eoaituotuy oaueo. tne aerorm Aot cap. id, hich stale (eooOmasdtbs'Usui't Uin aoos wbateW at mstrbais to asrn tsr uri ! - - mti. l"a tnowb'absJl' U' - Wmltted at tha Vhaw af wMh&lrUV st els ,easet v .. ' e - . writinxl I was. H - Yc Mr. W.H; Thompscj) than, roef' tba' aotry ot Mr. Harry; an'sarsiUthalii.ltwaaotorsdthu. "4J8 (name) Usrrisor - Tloaus - (q - aiifioatssa fnshoid (stats in the ps - iAe R - fAe - I i I , " jtj.oan,,irra,aieil aryttaentaedlrj Mr. n suxxxcuT. I amaanOoitOr atCsatUimnhxso - Linthls eounty; DOj&nu' iMl smwsvim. Bxanaars altsndsdallba JaW'laatj arLna! csTtna la trm?riiea t saevweO sssrO eetl .. 1 tT ) .'4 to 10a tbs - m af .Maawi' Msnday aad Celrin; frrtiamsu tor in snau - sax ut ostbuobui bam ised tb metal tah tpooos. These and U handkarcbief wen ot5.,s propel ty of the prosecutor. There wu no eridenceB case to snow - mat tns.roonnarxs unoeTn - sm m " - ef reepoaoea wivn xnoss bum oy us pnsouei - t jB jgSf posBssnon. TW prosecutor, howerer, and; a" daughter, all swon.positrnly to tbe roic ofta. ton wbaantenel tb proascaWs bsdroom'a oJl . rdeo of Urett,,,JwbomtbT had all hliSaj chad, and wbo had been ra the habit of oceasmt - i mqssDuiig ws nnnss ifrrri. miwsie., - M AS V. ... . v r. - T. - y. l - ..r,mthl BrkW lO s burrUry. A few days aftaeleitaaiery Speacsr told s thUbawuafriasaoaldbotaksW xeU WalAlbay weald IbW ttaas aa. mi - .rs. - iai