Star. — London, England, 1811-12-20 00:00:00

„riV77 7 T,TIGSNCE. • plaintiffs alWays intending td go to Cephalonia, as' he proved by the bill of lading, which ran, t. to be delivered at the assigned port at Cephalonia." The assured had also no right to make the ship a ware ' house at Lissa for six or seven weeks, &ring which they kept the goods on board. The defendant's witness proved that Cephalonii was forty leagues out of the course, and that there was no occasion to touch there but in the event of particUlar winds, which were not proved to have blcnvit in tliis Case. The ATTORNEY-GENERAL in reply, asked, where would have been the difficulty of insuring to Cepha- 1 lohia, provided that was the object of the voyage ? but Cephalonia was put into the bill of lading only as a blind to the enemy. The Attorney-General com• mented severely upon the shifts of Underwriters td evade the payment of their insurances. Quo ttneam vuitus mutantrrn Vrotra node el quoted he ; and said, that Proteus of old was nothing to them—they contrived to get through fire and through water ; and there was no hole out of which they would not escape. Lord ELLENBOROUGII charged the Jury, that the first question for their consideration was, whether the ship went to Cephalonia lona flit to seek for con voy ? and it appeared upon the evidence that convoy was not usually stationed there. If they had gone to COrftt they would have been sure of it. As to the bill of lading, that was said to have been only a blind ; but Lissa was an English port, 2.nd it was to be presuined; that the bill of lading spoke the truth, and that the actual destination of the ship was Ce phalonia. If the Jury should be of that opinion, this voyage would not have been incepted, and the plain tiffs would be entitled lb recover back the premium. As to the delay, six or seven weeks did not appear too much under the terms of the policy. The Jury found a verdict for the Plaintiff to the fall amount of the policy—Damages A'2oo. . . , • COURT OF RINt; ise;NCH, DEC. 18. GARNETT, GoRDON, D.D. Mr. PARK stated, that this was an action brought by the present against the late Dean of Exeter, to try a question as to the profits of -a canonry which the defendant had received, and to which the plaintiff .ed to be entitled. The parties had agreed upon all rite facts of the case, which would be one purely or I.lw, for the decision of-the Court hereafter. • The question would turn on the constructinn of certain in struments in Exeter Church. The plaintiff resigned the canonry in question on the 15th February, 1810, on his promotion to the Deanery of Lincoln. This canonry had been always granted to the Dean of Exeter pro tern/tore ; and, by certain statutes passed in the time of Marshall and Voysey, an annus post olor teiit was granted to the representatives of the late Dean. The defendant resigned his Deatn•ry to the' Bishop, and his Canonry to the Church of Exeter, on the s tine day ; and in the same month was the plain tiff appointed to these preferments by the King and the Church. The-plaintiff ne.v contended, that he was entitled to the profits of the Canonry for a melvemonth, under a statute, by which the Dean arid Chapter, in the time of Bishop Seth Ward, enac tel, that such Canon should be so entitled, unless he should be removed from the Canonry either by resig. nation or by promotion to a higher dignity. ko*, the defendant contended, that he was still tirdy a Dean, arid that Deans being all pares, he was riot promoted to a higher dignity. But then he had re signed : and the terms of his resignation were strong as to that resignation being his ciliem act ; for they said that 4 , he did, without compulsion, fraud, or deceit, purely, simply, arid absolutely resign." Lord ELLENBOROUMI had no doubt but that this was a very fit subject for a case. The ArrottNr.v-GENiataL, foi the defencht?t, said that if his Lordship spent ever so much time in heat ing the merits of it, he would at last come to that opinion. It was therefore agreed that a verdict should b e taken for the plaintiff for NIO, subject to the opinion of the Court upon a case. COURT OF COMMON PLEAS, DLC. 19. CEfIVETTA. Mt. Scrjeant SHEPHERD, for the plaintiff, stated this to be a case of considerable importance a§ to the extent of the property depending upon the verdict; arid also, as the feelings, and even rank in life of the plaintiff would be affected by the decision of the Jury. About 21 years , ago a gentleman named Arnim a most respectable tnerchant, chose to live in rather an obscure way, in the Borough; and with him a woman who passed, on all occasion, as his wife. They had three children, Silas-Antony, Elizabeth-Henrietta, and the present plaintiff, Maria-Charlotta, who were christened a$ the children of Antony and Sarah Mari gin. It unYortunately happened, that in the year 1783, a gentleman named Darley came to this coda tre from America, between Whom and Mrs*Mangin there had formerly been a reciproci:y of affeta i on:— That affection was renovated, and she viola d her marriage vows by eloping with him to America.— The children Mr. Margin took care of, but two of them died long before ate agitation of this question, u to the legitimacy of their births. Maria was sent by her tither to Califs to be educated there; and in the year 1793 she Was called over to this country by her father, to receive in wedlock the hand of a Mr. Brown, an American gentleman of much respecta bility. There was one fact attending this m image , which %could be very material for the consideration of the Jury, and that was, that when Mr. Brown and a friend went to a Proctor in Doctors' Commons to take out a licence, the usual question was asked ifthe lady was of age ? This was answered in the negative; on which they were told, that her father must cotne ; and make affidavit of his consent. This affidavit Mr. Mangin, without hesitation, made, swearing in it that she was his lawful daughter. Mr. and Mrs. Brown went to Baltimore, in America, a short time' after their marriage ; and Mr. Naught contintred to i write to Mrs. /3'. calling her his I , dear daughter," until 1803, when he died without a will. The pre sent action was brought against his administrators to recover his property. Rachel Storer said; that When a yoUng girl, and an apprentice to a shroud maker, she Was extremely well acquainted with Mrs: Mangin, tl?e Mother of Mrs. Brown. One day ehe, Mrs. Mangier; meet her in the street, and,told her she had got married to Mr. Mangin, and asked her to come and see her. This was before Mrs: &own was born. A Mr. Brind proved the marriage of Mr. and Mrs. Mown. Mrs. Brown having been under age when Mr. Brown was proposed for her, it was necessary to get a licence; but before the licence could be ob. tained, it was necessary for the father of the young lady to make an affidavit that he was her natural and lawful father. He did make such an affidavit, and his daughter was accordingly married to Mr. Brown. Mr. Mangin had a house at the time (1792) in Suncourt, Cornhill, and a country house either it Hackney or somewhere at the Surrey-side of Blackfriars-hridge. Joseph Sharp, one of the Clerks in the Faculty- Office, produced the original of this affidaelt. The affidavit which Mr. Mangin made is the one gene rally made by fathers under the marriage act when they consent to the marriage of their children.. lir. Baty pree'ede that he administered the oath, and in administeting it took the usual precaution to enquire whether the deponent knew every thing he Swore to be true: Daniel Simon Maceron, a Frenchman, swore ; that he had translated truly sev'eral letters which were er hibiced to him by theConnsel, and which were copies of letters written in the French language (Mr. Man gin V.'aS a nati , :!e of Genoa), by Mt. Mangin to his daughter Mtg. Brown, after her marriage, and while she Was riving with her husband, in America: These letters ware then read in Court ; and it appeared from the style of tenderness inwhich they were written, that Mr: Mangin was on the best possible terms with' his aughtet and son-in-law, from the time of their marriage in P 792, to the period of Ms death in 180'2. Richard &organ Davis said he was collector f f Heaney fot a considerable time while Mr. Mangin hied there. 11'r. Mangin did not pay taxes as a bachelor, but aif a whlokver ; and he Would have been liable to a surcharge; if it had been found out that 1.6 was bachelor: Mrs. Romer he* Mt. and kis: Mabgiii 26 years ago. Mrs. tvlangin lived in Thomas's Rents, in the Botougb ; she sometimes jaw Mr. and Mrs. Mangiri together; Mr: and WC' Mangin separated because an' old lover of Mrs: bfangin'6,- a Mr. Darley, came bon* to Malvin Modica. , Whets Mr. Difley tithe DECEMBER 15. • TIIE KING V. JASPER Junom. Only three gentlemen appearing upon this ju Mr..GanttoW prayed a tale: for the defendant. The ATTORNEY-GENEBAI. stated, that this was an indictment against the defendant for perjury, in an i , answer to a bill.in the Exchequer, sworn before Mr.. Baron Graham. It was stated, that an agreement had I been entered into between three persons of the names Of Cuthbert, Martin, and Jackson, together with the defendant, to rim a new coach to be called the Union, from Maidstone to London. The defendant was ap pointed Treasurer of this concern ; Which standing in I:eed of money, the defendant proposed that he would himself advance £5OO upon security, an I that a per ron of the name of Clement Taylor Russell would vdvance another £5OO upon the note of all the pro prietors; It was also agreed, that . the defendant should have the note of the other parties for his £5OO, end that, as he was in the habit of receiving the pro fits of the concern, he should apply the first monies itirhic:h should come to his hands in paying off Rus. cell's note. His partners discovered that he had re ceived monies which he had not applied to this pur. pose; and their only remedy was by a bill in equity, a - vhich charged particularly, that the defendant had misapplied a sum of ,e 125, paid to him for the pur pose of paying off the note, by Martin himself. To this bill the defendant's answer swore positively, that tto such agreement had been entered into ; and upon that an assignment of perjury' had been made.— There was also another assignment of perjury, in the defendant's swearing that he did not receive the i:123 for the purposes stated ; and that he had ap plied in payment of certain debts of the concern.— 'The Attorney-General was proceeding' in his proofs, and had called Richard Radley Jack s on, when Mr. tanttow took an objection, of the suggestion of Mr. Alley, also of Counsel for the defendant, that it was stated in the record that the Jurors found that W. Radley Jackson filed his bill, &c. whereas the prose tutor's name eras W. Radley Jackson. The Artonsev-Getiattat contended, that as the prosecutor was afterwards referred to in the record as , 6 the said W. Radley Jackson;" the variance was not-fatal. But the bill in equiiy appeared to name th& corn-1 plainant Ructley -only once, and afterwards to refer I to Wit as a Opt orator." And Lore Ell EN BOROUGH said, that if congas defter;ona ' in this case, the name would be immaterial in every record, provided personal identity could be proved. Ir could not be said here of the names arm tenant ; Adihis Lordship then the objection fatal. It oind not gu to merits. The defendant might be tried ag.sin. Mr. GARROW said, that Iris client wished for tio thing more than a trial, and woilid be angry with him Int' taking this object?on ; bin the LearnedCorm sel thought it his' doly to' save the time of the Court: The Jury accordingly fuund the defendant—fZut Guilty. iIEdISH AND ANOTHER v. RODSO. The ATTORNEY-GENERAL stated, that this leas an action upon a policy of insurAnce from Malta to Lissa, anti back again, on goods .by the Sophia, at a premium of ten guineas, to return five for so much of the risk as should cease at Lissa, with liberty to seek for convoy. It appeared that the ship put into I Cephalonia, which, as Captain St.• Barbe proved, was •out of the direct course of her voyage, for the pil pose, as the plaintiffs alledgrd, of seeking convoy— but it seemed, that Corfu , a prorimous port, bloc k. sided by Ope of our squadrons, would have been the place to have found such convoy. At Cephalonia tilt. ship met with no convoy, and proceeded on her voy. age without, by the first fair wind, though nbt before; one of the supercargoes had received overtures' to et- change his cargo for currants, whiclihe declined ; I tut which, as the other supercargo proved, he might! have acceptedi After the vessel had been betweea six and seven weeks at Lissa, under a'fiberfy t 6 bar ter there, and had unloaded part of her outward Cargo, and had taken in sonic orbit Atiriteward, tits port was invaded by a French modem litho salad every ship there. • . Serjeant OUT, lor the defeneiant, eenteitted, that the ship's p4tistlint6 Cephalonia Was a defla tion( and that .tae. Vidervnatty were deetieed, the , ..,. • • .. • • • - - . .. . , .. . . .. .. home, a connection between him and Mrs. Mangin not enter a caveat at Doctors' Commons, lest any eneued t which :Wes the cause, of Mr. Rangin wttli.. one should take out administration of his Affairs. ex drawing himself From Mrs.' Mangin. She under toed eept the heir at lave'?:- - -1 diSO . And did you dot 'aft from Mrs. Knight, that Mr. Darley and she were draw thattateat in favour of Mrs. Brown, his Baugh., lovers long before she ever saw Mr. Mangin ; indeed ter, when she came over from America ?—I did. almost from their infancy, , playing girl and boy te- • John Bushe, John Wo4ey, Gayer° B illy, Angelo gether. When the e teparation took place, Mr, Man- Murrin, and others, all acquaintances of Mr. Mangin, gin continued to stit3port his two children, Elizabeth deposed tO iris being always considered by them as an :Mangin, and Mary Merigip, the wife of the pleintiff. unmarried main Mrs. Mangin lived with Mr. Maley one or two years The defendant's cater tieing here closed, Mr. Ser 'in this country, •and then both went to America.— jeant &merman was about to reply, when the Jury Mrs. Mangin never went by any other • name to her told the Court, that their minds were fully made up (the Witness's) knowledge but that of Niarigin. on the verdict which they intended togive; his Lord- Cross 7 seramined by Mr.SerjeantVAVGIIAN—Q. Did ship signified his assent to receive it, and A verdict was you ever know Mrs. Mangin by the name 451 Sarah in consequence returned for the Plaintiff'. Kent ? A. Never.—Did Mr. and Mrs. Mangin part ; .------- good friends? It is not very natural that they should. D.sttiso Ronrrentes.—Early on Wednesday mem- Did not Mrs. Mangle, after her reparation from her ing, the readence of Viscount Sr. Asem was broken supposed husbend, continue to live in the oery same open, and vah !. thlcs to a considerable amount stolen. house where she lived while he used to visit her? She The villains entered from the garden on the ground did:—Had die not a child by Mr. Darley?, She had. • floor, having climbed two walls Item Hill sheet, by I was at the christening of that child.—Ay, and was forcing up the sash, and by meant of small gimblets, not that child baptized by the name of Jane Harriet, ~ weakened the wood-work of the shutters, which they daughter of Mr. and Mrs. Darley ? It was; but I . afterwards burst open by main ferce. It app 'V'S knew that the was not the wife of Mr. Darley.—Mrs. that they were not aware ef the return of the family Mangin was very handsome, wasn't she? Oh yes, •to London, wh:ch was entirely unexpected, as they Sir, very beautiful, indeed.—Did you ever know her had the temsrity tä advance even into his Lordship's by the name of Mrs. Salt I Never.—When did she apartment, who being alarmed by the appe.usince of go to America ? About 21 years ago. Yes, she left i a light, dentended, " Who is these ?" The light was, her child behind her, and poor Mr. Mangin in the after a lave, extinguished, when her Ladys iip it'll lurch. getting it to be her attendant appreeching to light the Mary Jtill kept a school in Sonthwark, ab-ut 30 or tire, they recomposed tfiemselves to sleet. The vil -4.0 years ago ; she remembers Mary Mangin coming lains retired into the (-toward apartment, where they to school to her when about 6 or 7 years old—knew i placed the chairs ea as to impede the re ogress of their her mother, and never heard her called by any name pursuers ; but being satisfied that their designs were • • except that of Mangin—her's was a dav school, and undiscovered, they retired to the groundfloor, where each scholar paid 10d. a-week. She never saw Mr. they pillaged every drawer, ransacked every pocket- Mangin in her life—Mr. and Mrs. Mangin lived on book, emptied every box, and unfolded every p per, that spot, where a wing of Guy's Hospital is now I when, having selected the most valuable effects, and built, in a remarkable house, which used to be called leavints evrry thing that tl.ey thought could lead to - the Turret-hence. The registry of MI s. Brawn's detect-on, atter a considerable time letA elapsed, th-y baptism, in the year 1777, as the daUghter of Mr. lathed by the sante passage through which. they hod and Mrs. Mangin, was then piodnced, and the case entered. Lord St. Asaph seat for Townsliend, who closed on the part of the plaintiff. traced out that the robbers had entered from a mew . . 3 Mr. Serjeant VAUGHAN, for the defendant, spoke at the back of the house, and Was , f op:nion the rob at great length, and was particularly ingenious in his berg was not cenentted by old t h ieves, het by some endeavours to shew that the whole of the evidence on person or persons who knew the premises. I the part of the.plaintiff, emounted at best but to a The house of Mr. Harley, of Wimpole-street; vies' mere presumption of a Marriage between the father robbed of plate and portable articles to the animist and mother of Mrs. Brown. This presumptive evi- of £5OO, early on Sunday morning. The robbers deuce he would beat down by strongeepresumptive effected their entrance by boring hole; in the window evidence on the other side; and wherilhis witnesses shutters of a back parlour, and the whole was so were heard, he had no doubt of a verdict for the de- quietly managed, that the robbery was not discovered fondant. He ridiculed the idea of A man of the con- till the servants got up. A house in tie same etreet sequenee and rsopectability of Mr. Mangin (for he was unsuccessfully attempted the same night.. - iv.is, before the French kevoluticin, the Genoese Con- Early yesterday morning the shop of Mr. HALL, sul in this country, and an extensive merchant) keep. mercer, in New Bond-street, stets broke open, and pill ing his wife in a paltry lodging in the Borough, where bed of cloths and waistcoat-pieces to the amount of e two or three families were in the same house with £l5O, and had it not been for the alarm given by the her; of paying 10d. a-week for the education of his boy sleeping in the counting-house at the end of the child, if she w.ts a leeitimate one; and he scouted shop, the robbers would have cleared off the whole the absurdity of thinking that Mr. Mangin would stock. Alarm three o'clock in fie morning, a hack not have instituted some process of law against Dar- ney-coach stopped at the door.: a part of the window ley, if it had been really his wife whom Dathiy hid shutter was cut away, sufficient for the admission of taken aivey from him. This was an insult and an a boy, through which the articles were delivered to injury which no man with the feelhigs of a man could the party at the coach. The led was awoke by the tamely bear : and would the Jury believe, that with filling of a piece of glass, and immediately opened such proitocation to resentment, Mr. Mangin not only f the countinghouse door, when the little depredator suffeed in silence, but even degraded himself SA far made his exit, got into the coach, voThich furiously , as to go to Mrs. Nlengin's house, while Mr. Darter drove up Brook-street, and before pursuit cnu'd be was living with her. It was also very astonishing, accomplished, they were last. However, the number th at not one of Mr. Mangin's friend; Was called by of a coach, stamped in the plate, was picke.d, up in the pleiatiff's Counsel, to give testimony as to else-' Brook -street, which may lead to a detcctiva of these ther lie had or not in his life-time the reputation of robbers. . being a married man. This omission w as , i n d ee d, A f ew nights since the stroll of Mr. Webb. a linen- I suspicious ; but the Jury would draw their own con- draper and haberdasher, ia B:entford, V:•AS Ismket elusions, when they should hear from other witnesses open and robbed of shop goods, several eenfoles of that Mr. Mengia never was considered to be a mar- plate, and other property, to a considerable amount. tied min at all. Mr. Serjeant VAuc n lAN then exa- Sunday evening between eight and pine o'clock ae mined his witnesses. Mr. N,iu.n, Solicitor, of Norfolk-Strett, was returns Eleanor Rubidge is a married woman, the wife of ing to his house. through the Strand; three men who a commission traveller, and resides at Camberwell. ap peared to come nut of the Spottnd-Dog public. She is a cousin of Mrs. Brown by her mother's side. house, or the hoard erected opposite it, folio Ned MM. Recollects going to live, when a young girl, as 'Ate- Just as he came to the corner of Howard-amen One fellow of Miss Mangin. She did not knew Mrs. of the fellows struck him a violent Islov• on the head. Mangin tint ;after her children were bor n. Elizabeth, with a bludgeon, which felled him to the ground, and her el& t c .ild, is nosy dead. Mrs. Manp,in was dangerously wounded him; the ethers then beat him; away front all her friends for a number of years ; and I violently, and attempted to t ike les watch and no one knew where she was, until one day she came pocket-kook. A person coming tip to his assistance. very genteely dressed to her (Mrs. Rubidge's) ni°' j the robbers, ghee knocking hint down, Made their titer's house, and told her she was inerried to Mr. i escape; Mangin. Her mother in consequence visited Mrs. Yesterday a Gentleman of Staple Inn; sun moried Mangin, and was so well pleased with all she saw, the Proprietor's of Sadler's Wells to the C mrt of Re rthapted,ewas reneweat thir intimacy,d.wW ithich ness was and Miss Mangin for a long time i lived nter- . quests in Fullwood's Rents; for not returning hi s 1 i• I together as eompanions in Mr. Mangin's house, after ! money, after refusing to provide h nrwith a sett iie the boxes • when after a full ht . :4ring, and notwith . Mrs. Mangin wenewith Mr. Dailey to Arnerica : witness • standing the objectio n of its being a benefit Ala, anti was then 16 years of age ; she continued to live with nO money returned inserted in their bills, the CourtMr: Marvin as his housekeeper for 12 or 13 years ordered them to return the money, with crisis. after, at South Lambeth. Mr. Amin always evaded any conversation about his wife. Mrs. Man-', Yesterday as some labourers were -.a ging in the , gin never* went by any other name—and Mr. Man ruins of the late fire at Joiners' Hall, Themes -street, gm p a id many bills which she had contracted i n they were surprised at finding the mutilated arm of a that name. Witness admitted that Mrs. Mangin man; and on further search, they discovered the told her she had a child of the narrie of Sally Salt, headless trunk. On enquiry, it proved that a soldie r before slice went to live with Mr. Mangin. She alsb of the Guards, who had been assisting in removing coffee from a roasting office, in which the fire is now had a child by Mr. Darley after ; :mot that, as Mrs said to commenced, was misiings supposed to Mantel's used to say, Was the cattie of her overthrow. Mr. Seijeallt VAUGHAN—Her overthrow I w hy, have perished °Wing to the roof having fallen in: and . from the tattered fragments of the germents, no doubt it appears that she had been overthrown often fiefore. Sarah Steril, Elizabeth Sharp, Elizabeth Croesop, exists that the remains were those of that unfortus and Susan - Hatton. said, that they knew Mrs; Man- nit' m an; . . gin when she lived in Thomas's Rents with Mr. thrnaday se'nnight, in the evening, a man was Mangin and Mr. Darley—the was considered by stopped At Eccles-street, Dublin, by three fellows, every person as a woman of light character, and who rohbedhins, not only of his money, and what leoked upon by no one as' the wife of Mr. Mangin ; carer else was in his pockets; but also of his elothes— Mr. Margin used to come there only in the desk, and leaving him only his breeches. He thought he knew never slept there. one of them to be a ,servant to a gentleman in the The Rev. Mr. Hodgskinson produced the registry neighbourhood, and eccordingly went to the house, of the baptism of June Harriet, the' daughter of Wil- gained admittance, and sew the gentleman, who re ceived him very humanely,' and gave him a coat to liam and Mary Darley ; and one of the above four female vtitneess proved, that Mrs. Mangin, after her cover him. After some explanatory conversation, he separation from Mr. Mangin, used to be in a great prevailed on the gentleman to enquire about his 1 passion whenever she was called by any other name coachman ; and the result was; that he, and the other titan that of Mrs. Dailey. . two servants, were found in the stable, in the act of Mr.' Fermin De Tastet Was very intimately ac S dividing the booty. They *ere committed to Nee queinted, and was a partner in trade with the late gate. Mr. Mangin. Mr. Mangin never told him that he Yesterday, a poor boy passing by the Ship Tavern, WAS married, and he nearer considered him as a mar- Charing-cress with an ass, unfortunately got between' red mati. He, however, introduced his daughter, the stagecoaches which stand there and a coal wag the wife of the plaintiff, to him, apd begged him to gon heavily laden -coming in a contrary' direction ; take meats to have her educated he France. Mr. both the boy and the animal were thrown down and Be Tastet did so, without elder entibiritig whether run over by the . Waggon. Ti.e poor bey had hti the daughter was a natural air a legitimate child. thigh broken and was otherwise sever e ly b ru i se d, an d She was sent to Cahis, and' educated there. * the animal had one of his legs broken. The boy we's Cross-examine-Wheta Mr. Mangin died; did ydu immediately conveyed to Westmint '''r Hospital. • Arid' _....1.1