Star. — London, England, 1816-08-12 00:00:00

. LIS . I lA' 4." Lde • COUIiT Of CHANCERY. AUGI.76I' 10. ' MARRYING * AWARD. • Sir Sisiver. Rtistit.t.y stated, that Mr. and Mrs. Walcefi..ld; late Miss Pattie, attended in Court, for the purpose ot having a guardian appointed for the Lady, with a view t') the settlement ordered to be made npon hcr. A paper, cOntaining 'the name ot the guardian selectial, was !mathd to his Lordship, %vim immediately expressed his approbation. The Clam was occupied .the whole morning in hearing a petition to stopercede the Clmmission of flankiuptcy agsinst Mr. John Williams, patent book . isindet of Cornhill ; the principal ground was that the Act ot Bankruptcy had b.eit conceited, and that the• petitioning credams, and oth:sr were ' founded in usurious transactions. The discussion con tinued till near five, when hii Lordship ordered it to • ,be retuned on Friday neat. TAVIInt e. WATIRIS The minutes et his Lordship's order wrre. nPon upplicatina, ordered to be altered, by inserting on the particulars of sale of the Opera-house the terms and stipulations contained in the•renewed lease of that property to the late Mr. Holloway. DERBY ASSIZES . A cause catne on betore Sir Roucur GRAHAM, and * special Jury;whicli had excited considerable interest in the neighbourboo . d of Derby. Miss Ana Matcltiff (sister to Alr. Matc!iiff, grocer, at Derby) w.ss plain tiff.-and S:r W:lloughby Dixie, of Market 13o:worth, Bart. was de!endart. The action was Welt& to secover comrensation in damages for a breach of a promise of marriage made some years ago: when, after a hearing which lasted about five hours, the Jury returned% verdict for the PlAiutiff, with £1.300 damages. The verdict gave great satisfaction to a very crowded Colin. CHELMSFORD. stnucTior.z.-AYTON V. wALKItn. This was an action brought by Mr. John Ayton, against the defendant, for the loss of services, &c. of. his daughter, occasioned by seduction. Mr. MAKRYAf, on the part of the plaintiff, ad. dressed the Jury. lie stated, that the plaintsrf was the eldest unmarried of five clatitliiers of a rcsvect abre farmer, residing at Tollesbury flail, iu this county : the defendant was the only son of a farmer Jiving. in :he neighbourhood of the same place. In Vie course of the year 1815. the defendant was intro. duct,' to the plaintiff's daughter, and in a short time tk.ey evinced a partiality tow wits each other, which WAS succeeded on the part of the defendant, bad. dresses of the. warmest nature, and offering to mike her his wile. The daughter of the plaintiff coati 'urea to receive the constant visits of the defendant. She li•itened to his protestations; and after some time, in au unguarded morsel t, ):elded to his sulicizations, and became. pregnant, and was delivered of a child on the 23d of March last. The aggravation of this case was rendered still more remarkable from the cir cum.tance of Miss Ayton having been deprived of the care of a mother, and the defendant as it were taking advantage of her in her unprotected moments, and under the mask of affection robbing her of her character, most deur to herself and to her family.— The simple question, thereVre, which the Jury had to decide was, to) what damages the plaintiff was en titled, for the violation of hi. daughter's c'hastity, for destroying her own peace of mind, and of rendering het in the eyes of her relatives and friends at; elAra• ple of shame and disgrace ? Mr. Joseph 'Brewster deposed to attending Miss Ayton in her lying in ; the child is still living. Knows the father of Miss Ayton to be a gentleman of much credit and respectability, and never knew or heard any thing del og atory to the character of his daughter. The mother of Miss Ayton has been dead for some years. Wm. Carriogdon deposed to the respectability of the plaintiff; and that his daughter was much re spected, and always conducted herself with propriety. She was not twenty-two years of age, and was one of five children. Elizabeth Ayton deposed, that she was 19 years Of age, and resided at Toilesbut y, where she had the management of her litho's lii)ocehold affairs. In the mouth of November. 18 . 14, she became ac (painted with the defendant, Walker, who caotinued his visits to her family, and paid his addresses in the warmest manner. The idea of marriage between her and the defendant being entertained, she obtained her father's consent. In the month of December following, the defendant urged his solicitations in the most pressing manner ; said, ,‘ as soon 4$ the mar:, riage was completed, they would retire And live in the lower farm ;" and making various other promi ses, gained complete ascendancy over her feelings. The witness for some time resisted defendant's ad vances, stating she would am suffer any liberties to be taken with her, without the most solemn protesta- 4 Lions of sincerity. These the defendant strongly as netted, and in an unguarded moment succeeded in his designs. and in consequence she - became preg nant, and was delivered of a child in the month of Match last. For about four months after her prep. nancy, the defendant continued his visits, sheering every mark of attention, but 'after that time sud denly withdrew. The offspring of her connexion with the defendant is still alive, and, together with her.' self, has beeh suppprted by her father, the plaintiff. The latter was perfectly well acqeainvd with the in -timacy that subsisted between her and the defendant, as far as it regarded their intended marriage. Witness did not know that the father of the defendant was aware of the transaction. . Cross examined by Mr. GenNEY.—Witness was in the habit of receiVing the visits of the defendant at night for some months, but was never left up alone fn his company. Her father usually wed to bed at an early hour; but on the occasion of the defendant's her two brothers, vise 15 and the other 19, were generally in company. Witness became ac quainted with the defendabt only in November, and submitted to his solicitations in the month follopring. Examined by Mr. Justice BC/BROOM' —Witness was two mtinths pregnant before her Wur had discovered the circdmnance. Her father, in consequence, had a meeting, at which witness, the defendant, and his father, were present. At this interview t h e f at h er o f the defendant asked witness whether his son had of. fered her marriage f to which she replied in the lirmative. Mr. Walker then said to his son, the de -1:4414i 44 John, yeu have much deceived me, and I . know not What ibe eousequente trity belLafterttltt plaintiff's case irks' closed. Mr. Guam now rose to reply on the part oldie de fendant.• Invasei alibis kind be scarcely eirer knew the facts to be Otherwise than illin o du promise of marriage; but the Jury would rec. -that in the . present instance, the defendant was but a youth of I'9 years of age, introduced suddenly into a family where liberties and latoiliaTities were allowed him, eliding in circumstances for which the plaintiff had entirely to thank himself. l'ilhat could be expected to have resulted from two young persons being per mitted to sit up at a late hour at nightl—a practice from which, it any mischief did arise, it was the in cumbent duty of the plaintiff to have prevented ; and ilk having so preventeJ, he was himself answerable for the consequences. It was the duty of the plain tiff also. when he observed the intimacy which was described to have existed between his daughter and the defendant, to inquire whether their attachment was sanctioned by the father of the defendant. This license at least was necessary, and if upon prudential inqeiry it was found not to have been granted, then it became his imperative duty to forbid the inter course. Instead of this, a young man of 18 and a girl of 19, inflamed no doubt by passion, are-suffered to sit up together, until midnight; and for this con duct, and its consequence, the plaintiff is wholly re sponsible. The plaintiff, therefore, should have en deavoured to come into Court with a better claim, and not seek a reparation at least upon such grounds, for an injury occailoked by his own imprudence. The mischief complained of was effected iu one month, and this would at I;:ast shew bow supch lie ae of conduct and faini;i:irits.had been afforded twelve de feedant by the plaintiff, in the manner in which his daughter's conduct had been regulated. As to the child, the offspring of the connexion in question, that , was a consideration not involved in the present in.' . quiry. The fact to be considered was, what injury tiad the plaintiff sustahked in the loss of his daughter's . service, and how that loss should be estimated by his own imprudence ? The defendant, though the only son of a respectable farmer, was nevertheless himself wholly dependent ; but he felt convinced that the Jury would agree with him, under all the cirmumstances, that she plaintiff was undeserving of any considerable reparation, and that they would ap portion to him a very small measure of damages. Mr. Justice Bennouou told. the Jury, that the plaintiff eras certainly entitled to a verdict, hot the amount rested solely with them. He did not think that, on the present occasion, Mr. Ayton had b; ea so reprehensible with tegard to the defendant's being in company with Miss Ayton at night; for it would be recollected, that when the plaintiff had gone to bed at an early hour, he usually left his two sons in Mini , pant with the parties. It should also be recollected, that in the sphere of life in whidi the pinks sutived„ it WAS not uncommon to indulge in the conduct end familiarities which had led to the consequences aping which the present action. was founded. Theta did not appear, however, that previous to the acquaint. ance of Miss Ayton. with the defendant, any circum stance had manifested kalif prejudicial to her Charac ter.—The Jury having consulted lot about ten usinutes, returned a verdict for the plaintiff-.. Damages selk: •\ MAIDSTONE, AUGUST a. Jan &Ake, proprietor of a paper-mill near Canter. Wry, WAS indict i rd for forging and utteriug the ramp used by the direction of the Commissioners of Escibe to denote the payment of duties on the paper. . Mr. SerjeAnt Ons Low, having also stated the cir- I cumstances of this cAse, called the witnesses as foliow Stride, an Officer of Excise, who surveyed the mill of the prisoner, stated, that in consequence of information he bad received from a man of the name of Chilton, foreman to the prisoner, lie searched the mill of the prisoner, in order to ascertain whether there were any forged stamps on the wrappers : he also went to several places which he learned had been supplied by the prisoner with paper, particularly to a Mr. Cobb, at Faversham, and other persons at Canterbury. The papa being produced, he said the stamp was not genuine, and, his signature on the' wrappers, which purported that the paper had been charged by him, was not his hand writing, nor had hit ever charged it. The persons who had bought the paper were then called, and proved thin they had bought it of the prisoner. Thomas Chilton, the swim of the poisoner, who was also in custody, said, that he had made the forged stamp; that getting possession of the officer's . stamp, he had made a model of it in clay, and then cast three leaden ones, with which he ;narked the paper ; and his master had also frequently stamped the wrappers with the forged mark. He was cross•examined by Mr. KNowt.es to sub stantiate that he alone was the guilty person ; but he persisted that his master had also frepsently used the stamp ; and Stride proved, that on some of the forged wrappers there was also the prisoner's band writing. The Jury found him guilty, and he was seaweed to seven •years transportation. Matthew Cower, JAN Bream, tad Jekx Carly. were indicted for stealing 28 bags of dollars, rivin on board a vessel called the Curomanbel boy, ea this nprigable river Thames. The general circumstances •of this case have been frequently bare the pablic, so as to render a minute detail unnecessary. It is known that, as the Coromandel hoy was going' down the River, laden with dollars for the East India Company, she was boardal in the night by ten or twelve men from a boat, and seven chests of dollars carried off, some of whiCh were afterwards found ,above low water mark, and the three prisoners were found possessed of a quantity of dollars which they could opt account for, except, as they said, that they bad found them is the River. The strong circumstances to fix them with the at twit' robbery were upop the evidence of a man of the name of Martin, and a woman of the name of hairatlanar. The former said, that he was waked early in the morning bf the robbery by a noise in the street at Deptfiad. Looking out of his window, be taw three owe carrying, or rather dragging, a heavy chest alnag. He asked Who's there ?" A void said, 48 It is only old Mariin," and he thought k was Connor's voice; and be beard one of ths men call another Mgt, which is Cannor's Christian name.— 'The wom4n, hitrarlane, stated, that she kept a pub lic-house at Deptford, and Connor had %edged with tier. Early on the morning of the robbery she heard a knocking st her door. She had been up Lk ;rah- 7w'frflT - 'V".'; . . . in', era was * Pit goittg to bed. She asked Who's there ?" A voice answered, 4‘ It is only me, open: the door." Ste thought it was Connor's voice, and she opened the door, wben three men cube in, briog frig a very heavy chest ; their faces were blackelt, and being then friglate!,ed the dO nest know 'whether it was Connor or i.ot. She exclaimed, 4 , what have you brought here; tak: it ont of my house." They t'..en went out the back way, and took the chest with them. The next day she -feitnA some pieces of wood in the yard, which she burnt ; and afterwards some &Mars were found concealed in a passage near that place. On the following evening he came to her house in company w;th two men; be asked it he conld down till the tide served to go to London ; she told him he might have his old bed. He and the two men went up stairs. Shortly afterwards there was a great noise in the street ; the constables, as she un derstood, were sqarching after persons who had stole the dollars. She went upto Connor, and told him she did not like the strange men with him, and de -sired him to leave her house. He said the men were as good as himself, and he would never come into her house again; nod they all went away. In addition to this, other witnesses proved the three prisoners being near the spat of the robbery as early as five in the morning, and they all had a large goon tity of dollars. Connor also, in a conversation with the Officer about the robbery, offered a bet that there; WAS not a twelfth man in the boat, the Officer having said there were twenty. The defence of the prisoners was, that they had found a chest of dollars in the Kiver, just above high• water mark, early in the morning, and' that they meant to appropriate it to their oven use. They - were ail found guilty, and immediately sen tenced to death ; the Learned Judge informing them that the law would take its course, and stating his opinion that they found the dollars where they them selves bad thrown them overboard. A yawn. 9.—Joha Chapman wa s indicted for stealing and carrying away, on the 9th of June last, two begs, containing a quantity of dollars, the property of William Fairlie and others. Ink was a case :wising out of the former trials ; and the clecumstanc.ts were briefly as fonows :—lt appeared, that on the day stated in the indictment, the prisoner, in company With other persons to the number of twelve, happen. ed to discover three boxes on the river sole, which they hoisted into their boats, and proceeded to a re• mote part of the river, where, having opened them, they found them to contain specie. The party after wards pirkeeded to divide the contents, when they separated; bet the Thames Police Officers, coining up with s ime of the bats, recovered part of the pro. petty. The ',rapport tearing pursuit, as also the con sequences of being found with property which was not his own, contrived to throw his part overboard s but being apprehended, he voluntarily pointed out to the (f lcct.. the spot where he bad thrown the dollars. The Learned Judge suggested the impossibility of maintaining the prolccution ) as the witnesses were as much involved.in guilt as the prisoner at the bar.— The prosecution was consequently withdrawn, and the prisoner was, with a suitable admonition from the Bench, forthwith disch urged. William and Margard Webb were indicted (or bur gloriously breaking and entering the dwelling-house of Elizabeth Remmell, spinster, of Entry, on the night of the Val of Marclidast, and feloniously steal ing therein, guineas, half-guineas, broad pieces l.t gold, and Bank notes, to the amount of Aft2oo and upwards. The prosecutrix is a maiden Lady of 73 years of age. and possessed of considerable property. The prisoners had teaided for some time at Sandwich. being a shun distance horn Eestry. On the night of the day stated in the indictment, the prosecutrix was disturbed by the :rase of firearms, and shortly after by the breaking in of her house ; when two men pre-1 santed themselves, and demanded her guineas, which she told them they should have, and proceeded with them to those parts of the house where her money was kept. The men were 4,sguied in crape and smock.frocks ; and on going up stairs along with them, another figure presented t.) her glapce a man dressed, as she thought, in women's clothes. They continued to rifle every part which they expected to contain money, and in their hurl y to possess them selves of valuables, they carried off gold weights, some of which being afterwards seen, helped to serve in the discovery of the man who was the prisoner at the bar. The rubbers collected and tied up the plate, but returned the latter imasediately, saying, they had what they wanted, and instantly departed. It appears that the party came prov ded with horses, as the tracks of horses' hoofs Were discovered next morning leading towards a pond near the house, wherein Will found floating a portmanteau, which, on examination, was found to contain two smock-hocks, a crepe, an iron bar, and other articles, among which was the apron of a woman, all which it was evident the robbers had made usWift on the preceding night. Ate alarm being given, and large rewards having been offered to the apprehension of the thieves, the Police Officers set on foot the most active search, and in consequence of a remarkable large hoof of one of the horses, and the peculiar form of shoe on the foot of the other, the robbers were traced through all that mazes,. from Miss Rammell's house at Lamy, by a circuitous bye.road, through Canterbury, and so an to London. The person was also discovered who hakliired out the horses for the expedition. One of the principals, however, contrived to elude all put. suit for the present. The trial lasted eight hours, and alter ao able charge from Mr.Jasticellustanoco, the prisoner, William Webb, was fausut Guihy.— Margaret Webb was acquitted. These Assizes., heavy beyond example; terminated at keen-o'clock en Friday evening, when the follow ing persons, capitally convicted, were put the bar to receive sentence of death, viz..:-Francis Simmonds, for burglary ; John Fountain, for stealing is a dwell ing.house ; Richard Seal, for sheep stealing s Thos. Bryant, for stealing in a dwelling-house; and Mari anna Schmidt., for privately stealing in a shop;— James Pettitt, for sheep-stealing ; John Crowes, for a highway robbery; Richard Davison Glaringhould, for forgery; Henry Vowyer, for cutting and stab bing ; Wm. Webb, for burglary ; and J. Morris, alias ,Roberts, for. forgery. Mr. Justice BUKRIWCH then addressed the several culprits, ',observing, that although he was bound to pass upon all the dreadful sentence of the law, yet he trusted that in many of the cases he would, by his representation to the Crown, succeed in sparing their lives. As objects of this Mercy, he thought he could ....,.... • with*Conkdenee *balite pritoner • Siminnnds, "tAin, S.:al, Bryant, and Schmidt:. Of the three Id. namely, Pettitt, Crowhurst, and Glarar ; . hould, he could not presume t o Tea!: with so miui l contjdence. He would certainly use his endeasoin i with a higher pwrc in their behalf; but he would larnent that they should calculate with certainty upon the success of that application. * Thecases irf Vowyer, ‘Vebb, awl Morris, his Lardsbip said, %ere hopeless ; and ho implored them not 19 hi* One inn . ment of the very limited time they had to empl oy i n prayer and penitence , and in preparing thenistive: tor another world. His Lordship tly.:11 passed U" the whole the awful scnterce of the law in the usual form. The three list mentioned criminals, together with Brown. Connor, and Curby, for river pir acy ; and James Kemp, alias Clubb, for forgery, :thusly sentenced, were left for execution. CIVIL FIDE V. COPELAND. This v. as an action for an outrage corno.itte4 the plaintiff, and for the recovery of st3s taken his person by the defendant, under 413 X.'cetion upo4 property. The defendant, it appeared, had gone to the house of the plaintiff for the purpose of making levy upon some goods. The manner, howevtr, in which the defendant proceeded, occasioned some al tercation ; acid in the most vident manner the latter advanced towards an armed chair, in which the plain. tiff, an old man, was sitting, and s,:ized from hia person 113.5 in Bank notes.—This, howeter, on t he part of the defendant, WAS attempted to he proved to have been given in part pAyniera 01 u.. ext.cuLi , rn S leVied. Lord Ettewannovott was of syin;rln, that even if the delence set up WAS true, the sung in question coal not be received in payment of the exectuii. o , "„ pt by courtesy. In the present case, he tlioeglit the utter most serious. An officer shourd not violate his duty ; and it WAS the duty of the Jury to give such damages on the present occasion as th e y wou ld themselves expect, if placed under simila r circum stances. In giving their verdict, therefore, h e truste d that they would consider, thati althou gh his Maj est y' s subjects were bound to submit to law process and otter proceedings, no officer had the slightest pretence or !reuse for violating or outstepping the duty with which he was charged.—Verdict for the plaintiff, Damages ALAI CAMBRIDGE:MIRE. TEE ELY. JOHN YACILLL V. TIM BUNDLED vIR ELY. This was an action brought by Mr.Vacliell against the Hundred, t ► r7cover damages sustained by him from the late riots at Littkport. The action was rounded upon the lit Geo. 1. commonly called the Riot Act, w:►ich gives damages against the Hundred in the case of deruulisl►ing, or beginning to demolish, any dscliing•hoose therein by persons riotously as. tantsled. Mr. Snjeant Buie no for the plaintiff, observed; that he should not enlarge ttpot► the unprovoked ag 'gression and outrage by which the plaintiff had been so seriously injured, and the public peace disturbed : but should.coetent himself Kith proving the amount of the damages sustained by his client with as mud► correctness as could be expected in a case of this kind, wherein it tn;ght be found difficult to prove the precise value of thugs absolutely lost and destroyed, and =incipiently not capable ut being examined by the witnesses. The Plaittrif's Camel then called ItitMlifts is prove the r►o:otts detrolition (it the house and furni- ture, whi.:b, however, was admitted by t: e Defen clant's Counsel. Mr. Elliot Smith and several other witnesses vvre afterwards called to give in estimates c,f the danvg: done to the house, and of the losses in furniture,licen, wearing app:►rel, jewels, and several valuable articles of dress bel.nging to Mrs. Vachell. Inventories of these things were produced; and evidence was given that they were on the premises when the riot cob). 'fleeced : the values of :he several inventories were estimated upon the best judgment of the witnesses, from their experience in those matters. Mr. &rotas, Counsel for the llVtendants, com mented upon some ot the estimates as too high (par ticularly the jewellery), but admitted the Kt -cacti! pact ot them ; observing, that he was desirous the justice ot the ease should be lalrly met; and ..vas only Anxious to protect the Handled Irian any over charges that alight have been made thrsugh haste and 'Nader! e. The Juno* eaprested his approbation of the i man ner n which the Counsel on both sides had conducted the cause; and the Jury, after retiring a short time, I gave a verdict (or the Plaintiff—Damages ,1708. CLIMICAL IN '1 WILIGENCE. Tie Associate Burgher Cimiregation ----- OFiaidey have given it barusooknis all to Mr. George Hid, preat her of the gospel, to De their pastor. 'aft Doke of Roxburgh has presented the Rev Mr. Darer Ildnister of the pariah of Bind*, to the church and parish of baled, vacant by the death of the Imo key. Mr. Stalker. If. Church of Scotland, h obedienae to the orders el the last Centro! Assembly, have transmitted three separate tapers to Presbyteries; owe coutaining a reeummeasiatiwi to aid the public I Funds of the Church, by an annual cuntribmion si five I.s tram each Minister, which would aatownt to 1525 a-year; at o • eoutaiulog an injuactioa to Kirk Sessions to keep, r‘gol ir sogissen of baths, Mat a saps, and dates; and the taut contain•::4 a eopy of the overture and interim act cunceraiog the totiou of oases. The object of this overture is to coact ' that uo cler,•y ma, whose parish ties without the been& id th e University tat and Its suburbs, shall h 441 a proterermiliWia th at Usti ver.i, GXFORD, AUGUST' KU The Rev. lames John lianie, DMA of Christ Church, Rec. or of West Kinston, Wilts, Is empowered be dispensation to bola the Vkarage ut Hanney, Berks. Saturday, the JILL George Carter, &LA Ch3piain of Christ Church and New CoLege, was asicuittal Miuur hour of Nor wich CatitedraL Rev. C. Ostler has bees Irrupt a prebend of Lichfield Ca. tbsdral. Rev. T. G. Acklistd, litA. to be Detizeitie Chaplain to hie Royal Highness the Duke of York. . Rev. P. Venable*, to the Vicarage of Harwell, DLEP In hie 45th year, the Rev. W. Gray, M.A. Master of the Fr e• Grammar School, Cheltenham. Wednesday, at an advanced age, John 1.4 ing, Gent. ow of :lir Capital Burgesses of Norwich. .Friday, Lydia T■rl.in, daughter of the Rev. James W? 'Preacher at the Wesleyan Methodist Meeting, lianbur•y. In the 57th year of his age, the Rev. T; Blundell, MA. Kt:: ): of Halal!. Aged 9i, t i e Rev. Job:i Fayertnan, late of I.odtion, Norfolk. He was itisri:uteJ to the Rectory ot Ch.•dgrave, in t 744, and of lie Weston, in 1764. 1 iie former is in the gift ot the Crow::, and the latter of Sir T. 13. P; BjrC Monday, S. CUM. formerly a pire.rDalt,r. of Oxford: in retun ing front Port Me::dose, he fell wit• thy and wa• A few days .it.ce, Chop.: , g , tease A : „w e t, a man of t►., name of 1 to eiinsrtylerce of exces.,ve drirkiog of spirit•. LONDON: Played by , Lr.vi i►gNT, Ptekett Place; tbtrr, anti the Oar, •_ S • IN 4