found them all together at a desk, with papers and accounts before them.

The libels were read.

The Solicitor-general asked, if publication had been proved.

The Lord Chief Justice said, that there was at least abundant matter to go to the jury.

The Solicitor-general then rose for the defendants. The learned gentleman admitted that he could not rebut the evidence as to publication; and was not prepared to deny the libellous character of the paragraphs.

The Lord Chief Justice, after recapitulating the evidence, charged. the jury in very few words. There needed no comment from him to show, that the matter prosecuted was libellous; publication, he thought, or at least interest and concern in the publication, was sufficiently brought home to the defendants.

The jury, without hesitation, returned a verdict of—Guilty.

5. Four beautiful ostriches, standing when erect five feet in height, of a dark colour, were brought to town from Portsmouth in a double caravan, having been sent as a present from the East Indies to his majesty. They are to be conveyed to Brighton.

EXCISE. The official account of the produce of the excise duties in the years 1821 and 1820, furnishes a curious exemplification of the change in the mode of living. In those articles which are considered luxuries, there has been a very considerable decrease. The duty on wine is 8,620l. less in 1821 than in 1820; and the demand for foreign spirits has decreased so much, as to make a difference of 102,3061. between the duties of the two years; tobacco and snuff,

no slight sources of enjoyment to a large class of people, have been used with such comparative tem→ perance, as to produce a diminution of 128,251. in the profits of the excise from that source. As a set-off to these reductions, it appears that the tea-drinkers have contributed an addition of no less than 158,7221. to the revenue of: the preceding year, while the drinkers of beer have supplied a quota of 65,750l. The comparative cheapness of British spirits has also created a demand for that beverage to the amount (in duty) of 42,3641. above the former year. It is somewhat curious, that the increase on these two articles of beer and British spirits is very nearly equal to the decrease in wine and foreign spirits: so that, perhaps, the balance in comfort, as well as in revenue, is pretty nearly equal. As for those who have sacrificed their taste for tobacco and snuff, they have probably sought consolation in tea; for here again the increase and decrease are nearly equal.

6. MURDER OF FUALDES.-M. Carcenac, vicar of the parish of St. Amans, Rodez, deposited in the hands of M. Viguee, notary of that town, in order to be annexed to its registers, a declaration, of which the substance is as follows:

"I, the undersigned John Baptiste Theron, journeyman joiner, living in the Rue Neuve, being dangerously ill, yet, nevertheless, possessing all my intellectual faculties, and finding that I am about soon to appear at the judg ment-seat of God, wish to appease the remorse of my conscience, and to do an act of justice by retract ing an atrocious calumny, which I put forth in my deposition made

at Albi, against MM. Jausion, Bastide, Colard, Bach, and Bancal; which calumny consisted in my saying, that I had seen those five individuals in the cross passage, called de Capoulade, carrying the body of the deceased M. Fualdes, and conveying it down to the Aveyron. I declare, before God, that that deposition is not true, and that I was not even present at the place mentioned; that the motive which induced me to make the deposition, was the pleasure which I expected to derive from going to see the country. I retract the calumny with all my soul before God and before justice, and I implore the Sovereign Judge, in his mercy, to accept this retractation, as being the whole truth. This is written by another hand, on account of my inability to write from weakness; and is signed by me, in my house at Rodez, the 22nd of December, 1821.

(Signed) "THERON." "Such is the declaration that Theron dictated to me in his last illness, and which he himself signed, charging me not to make it public until some days after his death, in order that it might not afflict such of his relations as attended his funeral; and although I know the discredit that certain persons have wished, from what has passed, to cast upon the recantation made by Bousquier on his death-bed, concerning the same transaction, I could not refuse to receive, in the exercise of my office, the declaration of Theron, considering it the only means which remained to that individual of making reparation for the injustice and wrong which he has occasioned by his false deposition; and that it was imperiously demanded by his conscience, justly alarmed

at the approaching judgment of God. (Signed) CARCENAC,

v.

"Vicar of St. Amans." "Rodez, Dec. 30, 1821. 10. COURT OF KING'S-BENCH, WESTMINSTER. Hayward Horner.-This was a penal action under the statute, the 5th of Ann, against the defendant for keeping a setting-dog. The cause came on for trial before Mr. Justice Burrough, at the Essex assizes 1821, when evidence was given of keeping the dog, but evidence on the other hand negativing its use for the purpose of killing game. The defendant was a farmer renting about five hundred acres. Mr. Justice Burrough, although he disapproved of the action, directed the jury, that evidence of keeping only was sufficient under the statute; and the jury very unwillingly found a verdict for the plaintiff.

Mr. Gurney last term made a motion for nonsuit.

Mr. Marryat now showed cause against the rule nisi, contending that the finding of the jury should be affirmed.

Mr. Justice Holroyd had a note of a case tried before Mr. Justice Buller at York, in which an action had been brought against a magistrate for seizing a greyhound. The seizure was defended under the statute of Ann, and by proof that the plaintiff was an unqualified person; but it being shown that the dog had not been used for killing game, the judge directed a verdict against the magistrate.

Mr. Marryat believed that the case at York could be distinguished from the present case. It was proved, that the greyhound had never been used for killing game; the setter (in the present case) was only proved not to have been

used for that purpose within the time limited for the bringing of the action. But for what purpose, except to kill game, could the dog (a bitch it was) be kept?

Mr. Justice Bayley. For breeding, perhaps.

The Lord Chief Justice.-And is it not left to the jury to say, whether the dog is or is not kept for the purpose of destroying? The learned judge tells them (although unwillingly, he says), that the mere keeping is enough.

Mr. Justice Best.-Exactly. The learned judge says, that he thinks it a disgraceful action; but he is of opinion, that the keeping is sufficient under the statute.

Mr. Gurney. And the jury, my lord, express themselves in these words:" If your lordship says we must find for the keeping, why we must."

Mr. Marryat contended, that the words of the act extended to the keeping or using any dog or engine. Nets and engines were seizable for mere keeping, and the dog, by the statute, stood in the same situation.

Mr. Justice Bayley said, that the words of the act were, "keep or use any engine or setting-dog for the purpose of destroying game." There must be ground for believing the use either of dog or engine.

The Lord Chief Justice.-If you allege in your declaration that the dog is kept for the purpose of destroying game, how can you make your allegation out, unless you show use for destroying, or at least something approaching to it? A man may keep a lurcher to guard his house, or a greyhound for the amusement of his children; and would he therefore be liable to an action.

Mr. Justice Bayley. The doc

trine is extravagant. A man, who keeps sporting dogs for sale, would be liable to a penalty for each dog he kept; and as to the engines, a tunnel for instance (a net used for taking game), you must at least show probable use. If a man had a museum, and kept a tunnel in it by way of specimen, would he be therefore liable to a penalty?

Mr. Justice Best.-The mistake of the learned judge has been this:

keeping is prima facie evidence of keeping for use, but it is not conclusive evidence. Prima facie evidence may be rebutted, and it appears to me to have been fully rebutted in the present case. In my time I have been engaged in many actions of this description, but I always gave proof, at least, that the dog had been seen abroad and ranging; and I never supposed that mere evidence of keeping would be even sufficient evidence to go to the jury.

Rule absolute for nonsuit.

HOARD OF MONEY.—A singular discovery of hidden treasure was made at Eton. Mrs. Coker, who had for many years kept a grocer's shop in the college, died, leaving property to a considerable amount to her relations. The house in which she lived was, with two others, sold last week. Previously to the purchaser taking possession, one of the executors considered it his duty to look round the premises, to see that no article of personal property had been left behind. In a dark corner under the counter he discovered a small box, of considerable weight, and well secured. He brought it to the light, and upon opening it found-not any of the commodities in which the old lady dealt but seven hundred guineas, and fourteen 50l. Bank notes.

MILDNESS OF THE SEASON. -The following flowers are in full blow in lieutenant-colonel Graham's garden, near Edinburgh:-1, sweet william; 2, mignionnette; 3, purple stock; 4, clove gillyflower; 5, branching larkspur; 6, larkspur; 7, xeranthe mum lucidum; 8, honey flower; 9, wall flower; 10, white stock; 11, heart's ease; 12, curled mallow; 13, yellow lupin; 14, hepatica; 15, red xeranthemum; 16, double primrose; 17, sweet rocket; 18, Scotch primrose; 19, sweet pea; 20, frog's-mouth; 21, double daisy; 22, hollyock; 23, marigold; 24, yellow hawkweed; 25, strawberry plants; 26, Adonis.

There are at this time in Fulham fields, broad beans in blossom-a circumstance, at this time of the year, of very rare

Occurrence.

There is also to be seen growing, in the window of a house adjoining the Red Lion, Chelsea, in a pot, a carnation which has three full blossoms on one stalk.

11. IRELAND. A most shocking occurrence happened in the neighbourhood of Mallow last night. The rev. Mr. Chester, a magistrate, took a party of the 22nd regiment to patrol the country to the south-west of Mallow; and having sent out an advanced guard, he was informed by them, that they heard the trampling of horses coming onward. Mr. Chester and the military officer placed their party on each side of the road behind the ditches. The supposed marauders advanced-the two first that appeared were fired at by at least ten or twelve soldiers. They fell; but when the main body came up, it was discovered, that instead of Whiteboys, they were king's troops; and that the individuals, who had

fallen, were the rev. J. B. Lowe, and one Law, a constable. The rev. Mr. Lowe was perforated by five or six balls; he died instantly. The inquest on Mr. Lowe, brought in the following verdict :-"That the said rev. James Bond Lowe came by his death near the village of Glauntane, in consequence of the unsteadiness of some privates of the 22nd regiment of infantry, who fired without receiving the command of either their officer, lieut. Stevens, or the magistrate, the rev. John Chester, while on a patrolling party on the morning of the 12th instant, in consequence of information that a body of Whiteboys intended to be out in that direction."

12. LIBEL-William Kenrick was indicted for wilfully and unlawfully publishing a libel.

The defendant is a gentleman holding the distinguished situation of one of his majesty's Welch judges, and the libel in question was contained in a letter written to Mr. Maberly, the solicitor for Christ's Hospital, by the defendant, relative to some tithes at Horley, in Sussex, of which the governors of Christ's Hospital were the impropriators, and of which the defendant was the tenant.

Mr. Adolphus was counsel for the prosecution. He read at great length a series of correspondence, which had passed between the parties relative to this subject. These letters were afterwards produced by Mr. Maberly in evidence, and read by the clerk of the arraigns.

When the case for the prosecu tion was concluded, Mr. Bolland, for the defendant, took an objec tion to the venue in this case, contending that the Court had no jur risdiction to try the issue. The

letter, set forth in the indictment, was written in the county of Surrey, and received at Mr. Maberly's house in Bedford-row, which was in Middlesex. The indict ment was laid in London, and it was not proved that there was any publication in London. It was true the letter in question was shown to the governor of Christ's Hospital, in London, but that was not at the defendant's desire, and therefore no publication.

-

The Court considered the objection to be a good one, and the defendant was accordingly acquitted. The defendant, after the verdict was pronounced, addressed the Court, stating his present belief, that his opinions expressed in his letter to Mr. Maberly were erroneous. This was considered satisfactory by the prosecutor. IRELAND. A daring outrage was committed on Wednesday evening, near Ardfinnan, where a party of seven or eight constables had been placed, by lord Donough more, to protect that district. At so early an hour as half-past four in the evening, before the men had come to assume their nightly guard at the house of Mr. Francis William Burke, where the arms were kept, this house was

cupied by four fellows armed, who suddenly entered and possessed themselves of it; it being then occupied only by his daughter and a Mr. A. Burke, from near Borrisoleigh. Almost immediately after, Mr. Burke, on his return from Clonmel, came up, at a short distance from the village, with a party of 13 men armed, and one unarmed, who appeared as a prisoner, and whom, they said, they had taken up for sheep-stealing, and were then conveying down to the guard. This ruse de guerre

had its effect. Burke rode a short way alongside of them, when the whole party suddenly rushed forward from him, and entered his house, which they proceeded to rummage for arms. Mr. Burke, desperate and idle as the attempt by a single unarmed man was, strove to force his way in, when one fellow called out to shoot the rascal; and another told him, if it was not for the good-will they had for him, they would put him to death. One of them, however, did snap a blunderbuss at him. They succeeded in carrying off five military carbines, a double-barrelled fowling-piece, a case of pistols, and twenty ball cartridges.

15. INSOLVENT DEBTORS COURT-The Pseudo-Princess of Cumberland, in re Olive Wilmot, calling herself Princess of Cumberland. Mr. Heath moved for a rule to show cause why the princess of Cumberland should not be allowed to file her petition in this court, pursuant to the provisions of the act of 1st Geo. 4, for the relief of insolvent debtors in England." This application was necessary, as she had not complied with one of the sections of the act, which required the petition to be filed within 14 days after imprisonment.

The learned counsel handed in

an affidavit signed "Olive." It set forth that she was confined in the Fleet prison, that she had but 21. in her possession; that she was entirely supported by the charity of her friends, that she had wasted no personal property, and that she would have applied within the 14 days required by the act, had she not expected that some of her friends would have become secu❤ rity for her debts, until her claims were established.