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ers, &c. that are lying in wait for

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After noticing fome ineffectual attempts to obtain a likeness of him, Mr. Pratt adds:

"You will doubtlefs throv nefe fallies amongft his fingularis, but they are by no means to be ftigmatized as affectations. From a very intent obfervation on Mr. Howard, I am perfectly fatisfied that as he had but few who acted like himself, the proportion of those who felt in the fame way the ordinary refults of fuch actions were not greater. That he was infenfible to honeft praise cannot be fuppofed, without depriving him of emotions which the moft ingenuous modefty may indulge, and which are indeed amongft the moft natural pleasures of the human mind; but to court the reputation of benevolence, by fuffering the lucre of it to mix with any of his motives, or ftill worse, to make it as, alas! too many people do, a firft great cause of being bountiful, argues an envy or a depravity in those who impute to him fuch vanities. In a word, if ever a human being could be truly faid "do good and blush to find it fame," it was the late Mr. John Howard."

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Trial of William Stone.

THURSDAY, of King's HURSDAY, January 28, 1796, Bench, London, the trial of Mr. W. Stone, who has been under confinement for two years, on a charge of high trea fón. About eighty names were called over, before the jury were formed as follows: J. Leader, gent. J. Mayhew, efq. J. Etherington, teaman, T. Cole, brewer, Chas. Minier, feedfman, Dan. Dyfon, e1q. T. Burnett, efq. W. Sumner, filversmith, J. Larkin, oilman, Peter Taylor, block-maker, W. Weft, brewer, I. Dimsdale, coachmaker.

lion in his realms; with holding correfpondence with the perfons in power in France, and collecting the fense of the people of this country, in order to afcertain whether an invafion might be fuccefsfully attempted, and with fending fuch information to the enemy. He was farther charged with traiterously correfponding with the Rev. Mr. Jackfon, (fome time fince capitally convicted of high treafon, who died before the day of execution), in learning the probable fuccefs of invading Ireland; and with having fent intelligence and various useful articles to the enemy.

The Attorney General then ftated the circumftances of the cafe at full length; the leading features of which appeared to be, that Stone had a brother, J. H. Stone, fettled at Paris, who confidered himself, in fact, as a Frenchman; which appeared particularly from one of his letters, in which he faid, "We have declared war against you. Holland will foon be in our poffeffion, and England will afterwards follow." With this brother, by means of Jackfon lately convicted of high treafon in Ireland, Stone kept up a correfpondence, and gave him all the information he could procure, to be communicated to the French government, as to the probability of fuccefs which might attend an invafion of England by France. In the course of communications with Mr. Sheridan, this enquiry it appeared that Stone had lord Lauderdale, Wiliam Smith, efq. M. P. and others; and that from the information he obtained he became fatisfied that from the general loyalty of the people here an invafion was by no means likely to fucceed. But that in Ireland fuccefs was more probable. Jackfon was accordingly fent there, and fupplied with money by Stone to obtain fuch intelligence, and to lay fuch plans as might tend to affift the views of the French. It appeared that Stone communicated to his brother the little profpect of the fuccefs of an invafion here, in order to diffuade thofe exercifing the powers of government in France from undertaking a fcheme likely to be fo fatal to their interefts.

Mr. Barlow read the indictment, which confifted of two counts, including fourteen overt acts of treafon; charging the prifoner with traiterously confpiring with his brother John Hurford Stone (then in France) to deftroy the life of the king, and to raise rebel- The Attorney General alluded to

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feveral

feveral letters between the prifoner, under the fictitious name of Enots, (Stone reverfed), his brother, Jackson, (in the name of Popkins), Horne Tooke, and others; all tending to fhew the criminality of the prifoner; concluding a very able and argumentative speech by obferving, that the counfel for the prifoner might fay, that he had acted for the intereft of England, inafmuch as, inftead of promoting, he had prevented an invafion! But how could that be faid? for if he knew of an intention of invafion, and had not communicated his knowledge to those moft bound and moft competent to counteract it, he prevented his country from gaining a decifive advantage, by the lofs that would accrue to the enemy from their failure; and by forewarning them, he proved himself equally their friend, and the enemy of England: if he had been for England, the way was very fhort; but his conduct clearly fhewed he had been for France. It therefore remained with the defendant to make his innocence appear. His property, his honour, and his life, depended now on his conviction or his acquittal. The jury were invefted with a very folemn and very important duty. They were called upon to grant equal juftice to the defendant and to fociety. As they muft guard themfelves again any impreffions which the mifreprefentations of the, profecutors might make upon their minds, fo mult they have an equal guard against any falfe impreffions made by the counfel for the de fendant. In the deliverance they were to make, if the evidence was inconclufive, they would readily acquit him; but if the proofs were fatisfactory, the country called for his conviction.

William Smith, efq. M. P. Mr. Sheridan, and lord Lauderdale, were called as witneffes to relate fome converfations they had with Stone on the fubject of the ftate of this country; the general refult of which appeared to be, that they confidered him as a weak enthufiaft, who was defirous of bringing about a peace, for the purpose of favouring what he confidered principles

of freedom.

Having proved the confpiracy be

tween Jackson and Stone, feveral letters of the former were produced, particularly one which pointed out the particular parts of Ireland most favourable to an invafion by the French; and Mr. Cockayne, the evidence against Jackfon in Ireland, was called, and ftated the whole of his connection with Jackson, nearly the fame as he did on that trial.

At half after ten the court, with confent of counsel, adjourned to nine o'clock next day. And at nine on Friday morning, the court proceeded on the trial.

The first evidence produced was a parcel of letters from the prifoner to Mr. Pitt; in which Stone pretended to make fome discoveries, as to the defigns of the French, by garbled extracts from his brother's letters, which were them felves produced, to fhew the unfairness of the prifoner's conduct in this parti cular. A letter from Mr. Pitt was read, expreffing his doubts as to the authenticity of the prifoner's information.

The counfel for the crown then proved the correfpondence between the prifoner and Jackfon in Ireland; which being read, "clofed the evidence for the profecution.

Mr. Serjeant Adair then rose to open the evidence for the prifoner, and to obferve on that for the prosecution. The former confifted only of evidence to character-on the latter the learned ferjeant entered into a long accurate difcuffion, in a very elaborate, feeling and interefting manner. He began by obferving, that the jury were called upon to difcharge a moft important, facred, and awful duty. They were entrufted, on the one hand, with the vindication of the laws of their country, and the fafety of the community, of which they themselves formed a part; while the fortune, the character, and the life of a fellow-fubject, were committed to their deliberation on the other. The dearest interefts of the unfortunate man at the bar were in their hands! He muft call him unfortunate, for whether guilty or innocent of the crime with which he was charged, no man in his fituation, and having fubmitted to the fufferings to which he had

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been fubject, let the innocence of his heart be as pure as it might, could be called fortunate. The verdict of the jury might put his life out of danger, and reftore to him that liberty to which he had long been a ftranger; but no verdict of theirs could place him in the fituation he was in on the day before he was apprehended.

After endeavouring to explain the motives which might probably actuate the prifoner, as arifing from vanity or affectation of confequence, Mr. ferjeant Adair proceeded to ftate what he confidered as the outline of the facts of the cafe, in 'the following clofe and ingenious way" A perion of the name of Jackfon came over from France by the way of Hull, in the character of an American merchant, with letters of recommendation from Mr. J. H. Stone to Mr. W. Stone, the prifoner. Mr. Stone, during his refidence in London, thewed him fome civilities, and advanced him money on his brother's account.

"Soon after he went over to Ireland, where he was tried and convicted of high treafon, and died; and during his refidence in Ireland, Mr. Stone furnished him with fome statements of the internal fituation of this kingdom. The queftion for the decision of the jury then was, whether, under these facts, they were perfuaded, from what Stone knew of Jackfon, that he gave Jackson these ftatements as information for the enemy, with the criminal intention ftated in the indictment; or for the purpofe of averting an impending calamity from his country? The facts were as clear as funfhine, and this was the only queftion that arose upon them. He called upon them, therefore, to confider, whether there was fufficient evidence of an overt act of treason, and if there was, it was not the encouraging of an invafion, but the prevention of that event, from which fo much evil would have been confequent. Jackson was convicted of high treafon, in perfuading the French to invade this country; whereas the prifoner was accused of high treafon, and the overt act with which he was charged was preventing an invafion. But if the motive for caufing an invafion was criminal, how

could the motive for preventing an invafion be criminal also?"

The learned ferjeant then went at length into the evidence produced; and concluded by calling feveral witneffes to prove the publicity with which Mr. Stone communicated the correfpondence of his brothers not only to friends, but to ftrangers; a circumftance totally incompatible with that guilt with which he was charged. He alfo called very refpectable evidence, that fo far from his harbouring treafon to the country, he, on the reverse, was loyal to his king, and a firm friend to the conftitution. Several perfons were then called, all of whom gave evidence to the pri foner's good character, and fome to the circumftance of the publicity ufed relative to his correfpondence with his brother.

Mr. Eifkine then addreffed the jury confiderably at length on the whole of the cafe; as did alfo the folicitor general in reply, on behalf of the crown; but our limits will not allow us to lay them before our readers.

Lord Kenyon fummed up the evidence. He was for tempering juftice with mercy; but this maxim could not fanction the court in fuffering a crimi nal to escape, if it were proved that he had grossly offended the law. He refted" wholly on the fecond count, which ftated an adhering to the enemies of the crown. He quoted the opinion of the late lord Mansfield, that letters fent to a power at war, inftructing them how to fhape their efforts, came under this branch of the ftatutes, and are an overt act of high treafon. His lordship read to the jury what he called the two emphatical important papers, the letters of Mr. Smith and Mr. Vaughan.There was no criminality, he admitted, in either of thofe letters; the only guilt was in tranfmitting them to the enemy. His lordship went over the whole with remarks, and concluded a strong and warm charge, by putting thofe papers into the hands of the jury, leaving it to them to judge of the intention of the prifoner from the overt acts.

Mr. juftice Lawrence remarked, it was for the confideration of the jury, whether the information fent through

Jackion

Jackfon to France, had for its object a defign of ferving the French, or averting an invafion.

About eight o'clock the jury took fome refreshment, and then retired to confider of their verdict.

The judges, except Mr. juftice Ahhurft, who retired, took fome refresh ment on the bench, where they remained till eleven o'clock; when the jury returned, bringing in the prifoner

NOT GUILTY.

Tipton, in Staffordshire, the mines of which had been worked under the lands and houfes of a neighbouring gentles man of the name of Stone. The defendant, Cartwright, had been appointed agent and manager of this colliery for the infant by the court of chancery; he employed a bailiff under him, who fuperintended the work, and hired and diffiniffed the colliers at his pleasure, but he took no perfonal concern in the working of the mines, nor had he ordered the particular acts to be done

The words were fcarcely pronounced, when an inftantaneous and unanimous from whence the damage had ensued. fhout arofe in the court, which was loudly joined by a numerous crowd in the hall. A gentleman, named Richard Thomfon, was observed to have joined in the thout, and was immediately or dered by his lordship into the cuftody of Mr. Kirby. Mr. Thom fon apologiz ed to the court, by faying, that his feelings on the joyful occafion, were fuch, that if he had not given utterance to the joy which arofe within his breaft, he fhould have died on the fpot.

Lord Kenyon replied, that it was his duty to fupprefs the emotions of fuch tumultuous joy, which drew contempt on the dignity of the court. His lordthip ordered that he should pay a fine of zol. for his misconduct, and remain in cuftody till payment.

Mr. Thomfon tendered his check for the fum, but this was refufed, and he was taken into cuftody.

The crowd without caught the fpirit of thofe within; and the hall, as the judges retired, was filled with acclamations of joy.

A detainer was lodged againft Mr. Stone for a confiderable debt, immediately after his acquittal. He was, however, liberated from his confinement in Newgate on Saturday the 13th of February following.

Cafes determined in the Court of King's
Bench, Londen, Michaelmas Term.
Thirty fixth of George the Third.
(From Durnford and Eafi's Reports.,

Stone v. Cartwright.

The damage ftated was, that the furface of Mr. Stone's lands had funk and given way; and that the buildings thereon erected were thereby rent and rendered dangerous. This damage was imputed to the defendant, Cartwright, having worked the mine in a negligent and unfkilful manner. The question was, whether the defendant, being a mere agent and manager, and never having perfonally interfered, or given particular direction, in or about the working of the mine, was liable to be called upon to make good the damage which had enfued. And the court were unanimously of opinion that he was not; that it might as well be contended that a fimilar action would lie against the fteward or gardener of another, for all the defaults or improper conduct of the men employed under him, by which any other perfon received damage. That the action in cafes like the prefent muft either be brought against the hand committing the injury, or against the owner for whom the act was done; that Mr. Cartwright had no intereft in the colliery, nor was it worked for his benefit; that he was no more than fteward, appointed by the court of chancery; and that it was never heard of that a fervant who hires labourers for his mafter, was answerable for all their ps.

Sadgrove v. Kirby. The plaintiff, Mr. Sadgrove, being lord of the cantiguous manors of Landeville and Bray. in Berkshire, planted certain clumps and rows of trees in a common field, in the parish of South Moreton, within

AN infant of the name of 4. M. the faid manor.. The defendant was a

Ward poffeffed a large colliery at copyholder within the manor, and be

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ing in that character intitled to a right of common of pafture for his fheep, levant et couchant, throughout the faid common fields, every year when the common field shall be fown with corn, from the cutting down and carrying away the fame, until the fame common field fhall be refown with corn, he cut down the trees which Mr. Sadgrove had planted; because, as the pleading ftated, he could not, without cutting down the fame, enjoy his common of pafture in fo ample and beneficial a manner as he otherwife might and ought to have done. Mr. Sadgrove, the lord of the manor, brought an action of trefpafs against Kirby for cutting down thefe trees, and obtained a verdict, and judg. ment against him, the Court being of opinion, that the defendant had no right to cut down the trees; and the diftinction upon the fubject is this: If the lord of the manor makes a hedge round the common, or do any other act that entirely excluded the commoner from exercifing his right, the latter may do whatever is neceffary to let himfelf into the common; but if the commoner can get at the common, and enjoy it to a certain extent, and his right be merely abridged by the act of the lord, in that cafe his remedy is by an action on the cafe, or by an affe. Here the trees had become part of the inheritance, and it feems that a commoner cannot touch the foil.

Weigall v. Waters. The plaintiff had granted a leafe of a houfe to the defendant, in which the defendant covenanted to repair and to furrender to the plaintiff, at the end of the term, the Said premifes, cafualties by fire and tempft excepted." Before the expiration of the leafe a violent tempeft arofe, and threw down a ftack of chimnies belonging to the houfe on the roof of the boufe, and damaged it so much that the defendant, in order render it habitable, was obliged to repair it before he had any opportunity of giving notice of the injury to the landlord. When the next half year's rent became due, the defendant refufed to pay it, unless the plaintiff would deduct the expence he had been at in repairing the injury the sempeft had occafioned; but the land

lord refufed to make this deduction, and brought an action of covenant for the whole half year's rent. And the Court was of opinion, that the defendant could not fet off the money he had paid for repairs, for that would be fetting_off uncertain damages against a certain debt.

Ximenes v. Jaques. The plaintiff had laid a wager with the defendant, that he would perform a journey of 240 miles, in a puft-chaife and pair of horfes, in twenty four hours being allowed to change poft-chaifes and horses as often as he pleafed, but the expences were not to exceed the ufual fum paid per mile for a poft-chaife and pair on the poft roads. The plaintiff having performed the journey, brought an action for the money, and obtained a verdict, but the judgment was arrested, because the Court was of opinion, that this was an illegal wager; it being a horfe race, contrary to the ftatute 9. Ann. c. 14. and not within the horseracing act of 13. Geo. 2. c. 19.

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The German Story.

(Continued from page 168.)

STAY

TAY a moment longer,' he exclaimed, taking a tin bottle from his hunting pouch and offering it to me after he had fwallowed a large draught: the hurry of my flight and the dreadful agonies of mind I had undergone had reduced my ftrength very low, and my parched lips had not been moiftened with one refreshing draught that whole unfortunate day, Famine had already ftared me horribly in the face, in that extenfive foreft, where three miles around no refreshment could be procured, you may therefore eafily think how joyfully I accepted this of fer. I fwallowed greedily the contents of the bottle, and new ftrength animated my whole frame, my heart was expanded with new courage, and hope and love for life returned in my def ponding heart; I began to fancy that I was not wholly milerable; fo much relief afforded me that welcome draught, and I must confefs that my fituation began to appear lefs dreadful to me, fipce I, after a thousand mifcarried

hopes,

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