I thought it my bounden duty to leave him for execution, in order to ferve as an example to the reft of the world.

Mr. Mingay suggested, that he could fhew that the articles whick, in this cafe, had been proved against his client, were included in the reference; but the witnefs, Abraham North, proved, beyond all con troverfy, that they were not included in the reference, but had been difcovered at a fubfequent time.

Lord Kenyon faid, the plaintiff, as an honeft man, was bound to bring this action, and directed the jury to find a verdict for the plaintiff for 10l. 4s. 6d. which was accordingly done; and his lordship wifhed they could have given a verdict for ten times that fum.

JULY 16.

At Reading affizes, an indictment was preferred against a mother and her fon, a child about ten years of age, which may prove a useful leffon to thofe parents who are fo wicked and inconfiderate as to encourage their children in pilfering and Healing. Stephen Lee, the child, having at different times ftolen money from his fellow fervants, carried it to his mother, Mary Lee, who used to receive and keep the fame; but this being at laft difcovered, the child was indicted for ftealing two guineas, half a crown, and a thilling, from Thomas Allen, one of his fellow. fervants, and which he carried to his mother; he was found guilty; but the lord chief baron, who tried him, with his ufual humanity and difcernment, being convinced a child of fuch tender years was more to be pitied than feverely punished, fentenced him to fix months imprifopment: but the mother, who was at the fame time indicted for encouraging, aiding, and abetting her fon in the robbery, being found guilty (as a punishment for a crime of fo deep a dye as that of training up her child in fuch vile practices, and which in all probability would at laft bring him to the gallows, and as a warning to other parents) after many pointed obfervations on fo unnatural an offence, was ordered to be tranfported for seven years.

JULY 28.

At Warwick affizes, John Gale Jones, John Binns, and Francis Bathurst, who had been apprehended at Birmingham for feditious practices, were brought to trial. They were feverally indicted for uttering certain feditious words, Jones and Binns, declaring they were not ready to take their trial, traverfed their indictment. Bathurft declared, that he was ready to take his

trial immediately; but Mr. Percival, council for the crown, declared it would be impoffible to proceed on his trial with fafety, on account of the absence of a material witnefs; and Mr. White, folicitor for the crown producing three writs of certiorari, to remove the feveral indictments into the court of King's-bench; the prifoners were refpectively difcharged on giving bail for their appearance. JULY 29.

A proclamation was this day iffued, ordering that the parliament, which flood prorogued to Thursday, the 15th day of September next, fhould be then held and, fit, for the dispatch of divers weighty and important affairs.

JULY 30.

At the affizes at Guildford, came on the trial of Theophilus Bridges, of Tem pie-ftreet, Profpect-place, St. George's fields, for the wilful murder of Elifabeth Monk. Mr. Garrow ftated, that the prifoner followed the bufinefs of an army button-maker; and that he had taken as apprentices feven girls from the guardians of the Afylum; that he kept them at work, in a clofe apartment, from four in the morning to eight, and fometimes ten in the evening; that any inability or neglect was punished, not only with beating feverely, but a deprivation of their ufual allowance at meals, which at best were but scanty, having a little meat on Sundays only; that the deceased was of a delicate conftitution, and unable to do the fame portion of work as the other ap prentices, which frequently caused her to be feverely beaten; that on the 7th of January 1795, the prifoner beat the decealed feverely; and after ftriking her down, kicked her in the fide; that notwithstanding the injury fhe had sustained, the endeavoured to continue her work until bed time, but complained to the girl who flept with her, that her fide was fo very painful, the could not fit up, nor bear it; but fuch was the experience they had of his cruel difpofition, they durft not utter a complaint in his hearing, that the continued endeavouring to work until the 15th of that month, when, being fo affected with the pain in her fide, as to be utterly unable to fit at her work, the pri foner again beat her, and, particularly, took her by the arms, and beat her head against the pump; that foon after he was put to bed, and was found dead in the morning; that, to conceal his guilt, the prifoner fent for a furgeon to the deceased; but previously to his obtaining a fight of

her, informed him, by his wife. (Mrs. Bridges) that the girl had been long in a confumption, which was now got very bad; and that he was very much troubled with a pain in her fide conftantly:" that the furgeon, on viewing the girl, faw her fo much emaciated by her diforder (as he was led to fuppofe, by Mrs. Bridges' account) and being of opinion that it was not in the power of medical aid to fave her-told her mistress fo, and left her; that the prifoner, fome days afterward, fent for an undertaker, and had her buried: that one of the girls having communicated to her friends the circumftance, it was communicated to the guardians of the Afylum, who inftituted the present profecution. Mr. Saumarez, the furgeon, who faw the deceased, could not fpeak decifively on the fubject, not having (on

account of the artful information he re

ceived from Mrs. Bridges) examined the patient any further than to feel her pulfe. The undertaker had obferved her back and fhoulders to be very much bruifed; and one place, in particular, appeared as if the had had a blifter recently applied to her back.

The evidence being clofed lord Kenyon thus fpoke: Gentlemen of the jury, The evidence of the furgeon and undertaker renders the cafe fo very doubtful, that I do not fee how we can proceed any further, as the law requires proof that fome actual violence inflicted by the prifoner was the cause of the girl's death. It happens unfortunately that the distance of time fince it happened, renders it impoffible to obtain fuch information as the law requires.

Now I am on this fubject, I will fay, and I hope it will have its due effect, that perfons like the prisoner taking children from charitable foundations as apprentices or fervants, muft not confider themselves as task-mafters, they must confider that the kindness as well as the authority of a parent is transferred to them; and when they take upon themselves to exercife the authority of correction of a master, let them remember, they owe alfo the kindness of a parent.His lordship concluded with some very handsome compliments to the guardians for their conduct in the prefent profecution.

The jury immediately returned a verdia-Not Guilty.

The grand jury were not difcharged: Mr. Garrow moved that he remain in cuftody a bill was then preferred against. him for a rape, which was found a true

bill: the counfel not being prepared, he was ordered to remain in cuftody till the next affizes, then to take his trial.

AUGUST 1.

This morning, the count de Montmort arrived in town, charged with dispatches from Louis XVIII to the count d'Artois, at Edinburgh. This nobleman brings advice, that on Wednesday, the 19th of July, at ten oclock at night, as the king of France was looking out of the window of an inn, at a town belonging to the elector of Treves, called Dillingen, near Ulm, on the Danube, he was wounded on the upper part of his forehead by a ball, fuppofed to have been fired from a horfe piftol, on the oppofite fide of the ftreet, which was about twenty-five yards wide.

The ball took an oblique direction, and made a wound of three inches long.. There was no furgeon immediately at hand, but one of the gentlemen of his fuite cut off his hair, and applied a bandage to The confufion was top the bleeding. affaffin had time to efcape. It is fuppofed very great in confequence, by which the

to have been a Frenchman who had come

from the republican army to affaffinate the king, whom he is conjectured to have perfonally known. The duke de Fleury was with his majesty at the window at the time. The ball was found afterward flattened by having ftruck the wall. The king was not materially hurt, and three days after pursued his journey toward Saxony.

AUGUST 3

Mr. Banks has finished a very fine mo del of marquis Cornwallis, for the purpofe of making a ftatue in marble, which is to be sent to Madras, and placed in a confpicuous ftation, as a mark of the gratitude of the East India company, for the military fervices of the gallant veteran. The figure appears in parliamentary robes. On the pedeftal there is to be a basso re lievo, expreffing the furrender of the fons of Tippoo to the British hero. The figure is well conceived, and the attitude is heroic, without affectation. The likeness is the most exact of any that have been made of the estimable original.

This artift is alfo employed on an urn, which is to be erected in honour of the late colonel Kyd, in Calcutta. Colonel Kyd was an amiable and intelligent character. He was diftinguished for botanical fearches; and India is indebted to hin for many valuable plants, which he brought from various quarters, and which

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are now in the most flourishing ftate in Calcutta, and its vicinity.

Bath, Aug. 3. Friday laft an alarming accident happened at the coal-pits at Highgrove, near Timsbury, in this county, owing to the forgetfulness of a boy leaving a lighted candle against one of the timber props placed to fupport the roof of the pits. This taking fire, communicated to a large quantity of coal near it that was ready for landing; this communicated to the other timbers, and in a fhort time the whole pit was on fire-at leaft forty loads of wood were fuppofed to be in the pit. Sunday, three men went down another pit that had a communication with that on fire, but the air-fhaft being entirely Hopt, the foul air, being ftagnated by the fmoak, immediately fuffocated them; by the greateft exertions, two were drawn up, one totally dead and the other apparently fo; by the affiduity, however, of a furgeon, he was brought to life, but there are little hopes of his recovery: the others are totally loft. They have both left wives and children. The fire is ftill extending through the works, and it is feared will communicate to other pits near it. The damage already done amounts to many thousand pounds, beside the lofs of working the coals, as the fire ftill continues, and it will be fome months before the pits will be able to work again.

AUGUST 4.

At Stafford affizes an extraordinary in cident took place: one of the prifoners (William Cotterell) was indicted for a burglary and robbery in the houfe of Mr. Forman of Handsworth, to which he pleaded guilty; nor could he be perfuaded to offer any plea, until the judge threatened, in cafe he perfifted, to ordered him for a fpeedy execution. He then pleaded not guilty, and his trial proceeded. How ever, fufficient evidence not appearing to convict him, he was of courfe (though very unexpectedly) acquitted.

AUGUST 13.

an independence for provifion. Our corn fields (wheat) at this moment appear as beautiful and luxuriant as any I ever faw in any part of the world and barring thofe accidents to which all countries are liable, we fhall have a rich and abundant harvest. Our gardens are equally productive; we fhall have a variety of fruit, European as well as tropical. Our grapes are in immenfe quantities; fome of the gentlemen from their own gardens expect to make a butt, fome two butts of wine this year. The few cattle we have are thriving exceedingly. The fheep and goats are wonderfully prolific; three lambs at a time is no uncommon thing, and that twice a year; the goats ftill more fo. We find the best breed of fheep to be between the fmall Bengal ewe and the large Cape ram; they produce a middle fize, which is delicate fine meat. All the fuperfluous males among the goats are prepared for the pot or fpit; and are fo fine, that I would defy even an epicure to say whether it was mutton or caperato he was eating.

The four gentlemen whom the activity of the magistrates of Edinburgh provided for our colony, I have feen, and converfed with feparately since my arrival here; they feem all of them gifted in the powers of conversation. Muir was the first I faw; I thought him a fenfible, modeft young man, of a very retired turn, which certainly his fituation in this country will give him an opportunity of indulging; he faid nothing on the severity of his fate, but feemed to bear his circumstances with a proper degree of fortitude and refignation.

Skirving was the next I faw; he appeared to me to be a fenfible, well informed man; not young, perhaps fifty; he is fond of farming, and has purchafed a piece of ground, and makes good use of it, which will by and bye turn to his advantage.

• Mr. Palmer paid me the next visit ; he is faid to be a turbulent reftlefs kind of a man; it may be fo, but I must do him the juftice to fay, that I have seen nothing of that difpofition in him fince his arrival.

Mr. Margarot feems to be a lively, facetious, talkative man; complained heavily of the injuftice of his fentence, in which, however, he found I could not agree with him. I chofe to appoint a time for feeing each feparately; and on the whole, I have to fay, that their general conduct is quiet, decent, and orderly; if it continues fo, they will not find me dif

them.

AUGUST 20.

Thursday fennight, was executed on Bodmin common, pursuant to his fentence at the last fummer affizes, John Hofkin, tinner, for being principal in a riot, and bearing and taking from Samuel Phillips, miller, a quantity of wheat. At the place of execution he harangued the fpectators for a confiderable time, with the moft unaffected calmness, adjusted the rope (to ufe his own expreffion) that it might put him out of pain the fooner, fung a hymn with the cap drawn over his eyes, and to the last moment perfifted that he never truck the man, nor faw any of the corn.

AUGUST 23.

This morning, a young whale came up the river as far as Rotherhithe, and was killed near Execution Dock, after having overfet two boats. It measured nineteen feet in length.

AUGUST 24.

On Sunday morning, a duel was fought in Hyde-park, between Mr. Pride and Mr. Carpenter, two American gentlemen, in which the latter received a fhot, which terminated in his death, on Tuesday, at Richardfon's hotel, in Covent-garden, to which the body had been removed. The duel originated on Saturday evening, at the faid hotel, in a difpute on the subject of American politics. The coroner's inquest brought in their verdict, wilful murder against a perfon, or perfons unknown; nothing having appeared in evidence to criminate Mr. Pride, or any one individual in particular.

AUGUST 25.

Yesterday the coroner's inqueft fat on the body of Mr. Thomas Yates, who was unfortunately fhot on Monday, the 22d, at his house in Pimlico.

Mary Thompson, a girl, who lived fervant with the deceased and his wife, depofed, that they had removed from their late refidence of Panton-ftreet, and came to refide wholly at No. 9, Stafford-place, in which house, mifs Elifabeth Jones, who had fome pretenfions to the house, as having been left her by the late Mr. Yates, uncle to the deceased, refided. The witnefs depofed, that Mr. Yates did, not dare to venture at any time out of his houfe to the street, for fear of being locked out by mifs Jones, and that he therefore occafion ally used to amufe himself with his children in the garden; that, about a week ago, Mr. Beard, an attorney, fent a perfon of the name of John Sellers, to the

protecting the perfon of mifs Jones from violence; and on Sunday last, another perfon came to the houfe, of the name of Footney, a linen-draper, who was an acquaintance of Mr. Sellers; they dined with mifs Jones, and Footney ftaid all night in the house, under the pretence that the Park-gate was fhut, and he could not get through.

The next morning, about the usual hour of breakfast, the decafed had gone to lay down upon the bed, and mifs Jones miffing him, and fuppofing he was gone out, went down and locked the doors, and declared that no perfon fhould come in, but that thofe who were in might go out. Mrs. Yates, in the mean time, fent the witness out to purchase fome articles, and there was a good deal of altercation about admitting her again. Mr. Yates, the deceafed, foom after came down ; Mrs. Yates went out in a hackney coach, leaving the deceafed in the house. About half palt four in the afternoon, Sellers, mifs Jones, and Footney, dined together; and the deceased, after his dinner, took a walk in the garden.

The witness was, at this time, in the back kitchen; the diftinctly heard mifs Jones and Footney fhut the doors that led from the paffage to the yard, and from the yard to the garden. The deceased disco vering their intention, endeavoured to prevent them; but not being able, he went to the kitchen window, which he defired the witnefs to lift up; fhe did fo, and he endeavoured to force himself between the bars, but without effect, being a very lufty man. Seller then came into the back kitchen, with a piftol in his right hand, and told the deceased he must not come in. The deceased endeavoured to draw himself back. The witnefs cried out to Sellers, 'For God's fake, don't fhoot-for God's fake, don't kill him. She faw him put his thumb upon his piftol to cock it; the deceased stretched forth his hand as far as he could, endeavouring to turn the piftol away, when Sellers immediately fired it off, and the ball ftruck the decafed in the breaft; who immediately exclaimed, He was wounded,' put his hand to the place, ran toward the garden, and fell down. The witness then rushed to the front kitchen, notwithstanding the endeavours of Sellers to prevent her, and got out of the window into the area. The report of the pistol, and her cries, foon brought a number of people about, who lifted her over the rails. Sellers, in the interim, opened

the street door, when the witnefs faid, that was the man who shot her master, and he was directly fecured. The witnefs further depofed, that when the returned to the house, the faw mifs Jones in the front parlour and Footney in the paffage they did not feem much concerned, particularly mifs Jones, who was walking up and down, and appeared rather pleased, as fhe often fimiled. The witnefs difcovered the piftol, which the fwore to being the fame Sellers fired off, and that it was a new one, which must have been brought into the houfe by the parties. She like wife ftated that the fervant of mifs Jones had mentioned to her, about half an hour before, that there were loaded piftols in the parlour, and that Mr. Yates ought to have fome acquaintance in the house as well as her miftrefs; to which the witness did not pay much attention, but she meant to have related the circumftance to her mafter, if an opportunity had occured.

Mr. Cruikshank was next examined as to the wound. He stated, that he attended the deceafed about fix o'clock on the evening the unfortunate affair happened, and from his appearance at that time, formed hopes of his recovery. He only perceived the wound which the ball had made on entering his body. It had entered just below the cheft bone, and he did imagine it had penetrated the belly, but conceived (as was frequently the cafe) it had gone round between the skin and the mufcles. At nine he again attended him, when a fresh orifice was discovered below his right hip, at which the ball had gone

out.

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He ftill did not think him mortally wounded; but the next morning his countenance appeared wild, his pulfe fluttering, and he had the black vomiting, accompanied with fuch other fymptoms, as juftified his prognofticating he had not many hours to live. He accordingly expired, about three hours after. Upon opening the body, he found the lower part of the liver was torn away, and that both the orifices communicated with the cavity of the belly. He entertained no doubt of the deceafed having come to his death by a piftol fhot.

Mr. Brown, a furgeon, corroborated the evidence of Mr. Cruikshank. He likewife depofed as to a fhort converfation he had with the deceafed when he went to adminifter to him. Upon his afking him how it happened, he replied mifs Jones had been the caufe of all.

Robert Jaggett, a labouring mafon, was at work at about fixty yards-diftance

The

from the deceased's houfe, and hearing the report of a pistol and the cry of murder, he ran toward the found. When he got to the deceased's houfe, in Stafford-row, he faw, a crowd round the door, and the door was opened, when a person in black came out a young girl exclaimed, That is the man that hot my master. witnefs inftantly feized him, and delivering him over to the cuftody of another perfon, went round to the back part of the houfe to endeavour to get in. He fcrambled over a wall, eleven feet high, in order to get to Mr. Yates' garden. When he got there, he perceived him lying on the grafs. He faid he had been hot. The witness asked him by whom? He replied, a man in black, with light hair. The witnefs concluded it to be the fame man he had seen. He therefore endeavoured to get into the house, but the doors were faft; however he got between the bars of the window at which the deceafed had uniuccessfully tried, and immediately went and opened the street door. He collared Sellers, and took him through the house into the garden, and asked the deceased, if that was the man? He said it was. Sellers fell on one knee, and made fome obfervations to the deceased, but what they were the witnefs could not hear, as he went off for affiftance.

A gentleman who lived next door to the decealed, depofed to hearing the report of the piftol, and mounting the top of the garden-wall by means of a ladder, where he faw the deceased, who faid he had been hot. That he went round and faw Sellers taken into custody by the mason and another perion, and went with him into the garden, when he fell on his knee, and afked the deceased to forgive him, for that he did not intend it; to which the deceafed made no reply, but only observed to the perfons about him that he was the man who did it.

Henry Clapton was paffing by at the time the piftol was fired, and faw the prifoner open the door, and the young girl defiring he might be stopped; that he affifted in fo doing, and interrogating hin afterward, as to his motive.for committing fuch an action; he replied he did not intend it, and that he did not pull the trigger.

It was conceived by the jury as ftrong circumftantial proof, that the pistol was loaded by the parties, and was not accidentally in that ftate, by Sellers being defired to tell what the contents were, in order to enable the furgeon to extract the