Star. — London, England, 1811-07-12 00:00:00

. • "." • • • • 'TUE ARMY. . • . • •• GENERAL oirtzits. • Horse Guards, July 1: All Galena Officers, when dressed in their uniforms as such, are hereafter to wear one aiguillere on the right ahoulder instead of epaulettes. They are likewise to wear plain hate with the usual cords and tassels, with ostrich feathers round the brim. No other Officer or Soldier of any description whitever, is to ewer white feathers round the brio of the hat :—This is beacetorth to be considered the exclusive.dissinction of a General Officer. General Officers of Cavalry are to wear the cavalry feather with the star loop. Regimental Officers of Cavalry are likewise to wear the star loop with their dressed regimentals. General Officers of,infantry are to wear ;he stand-up Infantry feather with the scaledloop. Aides-du-Camp of General Officers of Cavalry, and Majors of Brigade attached to Brigades 9f Cavalry, are to wear alguillettes on she right shoulder. Aides-flu Camp to General Officers of Infantry, and Brigade Majors attached to Brigades of Infantry, are to wear epaulettes as heretofore. This Order is to cancel those of'the Bth and 18th ultimo. By Order of his Royal Highness the Commander-in-Chief, HARRY CALI/CRT, Aajutant : General. A letter from an Officer .of the 11th Dragoons, now in - Portugal, states, that the whole of his regiment (800 strong) had been refreshed at Belem, and had received orders on the Bth ult. to proceed to Elvas, where it was to arrive on the 19th, eleven days being given for a journey of 120. miles, no expectation exist ing of a battle before that time. A part of the 9th and 2th Dragoons, with some of the Scotch Greys, were also on the road ; and, in the whole, the reinforcement in cavalry now obtained nearly approached 2000 men. The Buffs, consisting of ten °dicers, font Serjeants, 287 rank and file, in high spirits, marciSed on Mon day morning from Berryhead Barracks, T. , rbay; to embark at Plymouth, supposed for Spain or Portugal. The Ayrshire Yeomanry Cavalry, commanded by Lieutenant C. lonel Oswatn, was inspected on Wed. nesday se'nnight by Lieutenant Colonel Macrxmoat, who was highly pleased with the correctness of their movements and with the soldier-like conduct of the corps during their continuance on duty. A detachment of 400 men are on their march from Maidstone to embark for Lisbon, to join the brave rusileers, who so nobly distinguished themselves in the battle of Albuera. Detachments of the 2d and 4th Heavy Dragoons are now waiting at Plymouth for transports. CITY BUSINESS. COURT OP COMMON COUNCIL, JULY 11. The Court having met pursuant to a Requisition to tl'e Lord Mayor to that purpose, signed by several individuals, were proceeding to the usual routine bu 'hen siness, W Mr. Duo?. rose to express a hope that every thing of that kind might be waved, and precedence given to the business for which the Court had been espe cially convened. Some conversation ensued, in which Mr. Quin, Alderman Birch, and Mr. Waithman,:took a part, lifter which Mr. JACKS was suffered to bring forward his inten deii motion for the'Thankeof the Court to General Beresford, and the mops serving under him, &c. He accordingly proceeded to state, that he would have' been satisfied with the simple delivery of his motion, if the opposition which had been recently made to a similar vote in favour of the gallant Lord Welling. : ton Wad not led him to apprehend some hostility in the present case ;• he would therefore state a tew of the most cogent reasons, why the tribute of respect now proposed to be paid to General Beresford, and our gallant countrymen serving under him, should be gladly acquiesced in. It was certain that in no pun try disl there originally exist a more enthusiastic and daring patriotic spirit than in this ; every historian, from Julius Czsar down, br-e honourable testimony to the tact till the tim.t t Queen Anne, when the fos reign relations of the country became so extended, and the minds of her inhabitants were so much turn ed towards the wide Celd of commercial speculation that opened before them, that the love of country seemed in danger of being absorbed by more general feelings, but which, nevertheless, arose out of a sense of private interest. Recently, however, the spirit, which for a time seemed to have been extinguished,- had been again awakened. The glorious achieve merits of our naval forces had aroused truly British feelings in every breast— and in emulation as it were, of those, our land troops were now every day [tar nishing for the pen of the historian feats, superior to which none had ever been recorded, and which had moreover a decided superiority over all those which had preceded them, when the indisputable legitimacy of the object was taken into consideration. The splen did actions of Cressy andAgincourt had been sought for the purpose of accomplishing the conquest of our enemies territory. Cur warlike operations, during the reign . ot Queen . Anne and her immediate succes sor, were intended to establish a balance of power in Ebrope. But what was the object of the present war ? It was not for the purpose of adding another Crown to the head of our beloved 6overeign, how soever the tenor of his reign had proved that his en joyment of it would add to the happiness of our spe cies ; it was not to establish any titular dignity in his favour, but it was to raise him to the tar more enviable stati:4l of protector and champion of the li berties and rights - of the whole human race. He con sidered it as not a little extraordinary, that Gentle men who professed an ardent zeal for the ioterests.of civil freedom, should yet be found active in opposing its establishment in the Peninsula—and he had been a good deal surprised, on a late occasion, at hearing a Worthy Friend of his, who was an ornament to that Assembly, maintaining that by our exertions we were not serving the Spaniards, hut on the con trary, rivetting the chains by which they had been galled for so many centuries. To this opinion of his Worthy Friend there was another to oppose, to which he could not but attach considerable weight, it was that of the Spaniards themselves, expressed through the medium of their representatives in Cortes assem bled un the 2d of May.—[Here Mr. Jacks read a document to the above effect.] He . would also call the attention of the Court to the view which the Ty rant of the Continent himself had taken of the sub ject in a message to that herd of slaves nicknamed a Legislative Body, and which.he terminated by a me nace that we should feel his thunder. .'ff.AnE HEA VEN, the thunder was. a weapon to. be wielded by other hands than his., As to the merits of the con test which. had called 'for the thanks of the nation, • • . . , . . . I LAW INTP.LIiGraVOS. , . Cross.examined by. Mr. Sajeant SHEPHERD. The plaintiff was in the h.thit of attending the COURT OF CHANCERY, JULY 11. hO!isthold as apothecary. •No case of importance occurred this day. The In answer to a question put by Lord Chief Justice case of Morris v. Coleman was about. co be brought MaNsriti.a, he said, in general the plaintiff went to on by Sir S. RoNnt.t.v, when Mr. HART expresr.:d a r his Grace's house at 11 u'clu'ck at night, and did nct Wish that it might be put off, silts was not than pre- I leave it until 12 on the . following day _ _ _ -,_ _ .. . _ _ - ----, in hi! -• a • • • 'soh to which ..be could not for a moment suppose the more humble, tribute, of that 'assembly would be refused, too Much could not be said in their praise, ,nor wit there .any lack of testimony as to their reality. General Beresfod's own dispatches bore internal evidence in - •their favour, confirmed by those of the lish Generals Blake and Cdsta- • nos, and above al , by the litchi-ma:ins of the in- Estrensa; pared with counter alfitiuvits; but at the same time - the the John Ketterid;,ze deposed, he was 22 years had been ofi by 1- IS _ . habitants ot the prpvince of _ eemadura, whose stated, that he would be ready before close of . ' Grace's service; tied . iten sent , him dub. • e ' limy had been saved by . British valiani from the present seal. Sir. S. Romieee on this consented to I .ing the night to see whether the plainti ff was in the .- vengeance of an irritated foe. The Portuguese Go- postpone the subject. adjoining room—his other evidence went chiefly to r verhment had e l se b een loud in t h e express i on of their THE PDOPRIETORS OF THE /CENT WATER-WORKS, v. corroborate the evidence of the first witness. 4 .gratitude. As to Marshal I,3eresferd himself, his pre- SIR CHARLES PRICE, TREASURER OF THE COMMER- Louis De Bois deposed, he was valet-de-chambre sent achievement was only the afrei of aeries of me- CIAL DOCK COMPANY. . for 27 years. When fits of irritation came on .it pro. ritorious services. He had fought in Corsica, in the Sir SAMUEL ROMILLY stated, that, on Saturday duced the vertigo. On those occasions, the witness East and West Indies, in Egypt, and was high in I next, he would move for an injunction command in the memorable retreat through Spain, CommercialDackCompany hem removing any pipes, i deine which used to set him up again. l'he plaintiff conducted by the much-lamented Sir• Sohn Moore. or ;nterfering with a ny t renc h es , from t h e p ar i s h o f used to dine with his Grace four or five times a week, In short, there was no General in his Majesty's ser- I St. Paul Shadwell, to R o therithe, w hi c h the pl a intiff s and the witness had been steward for the last seven vice, nor, anh action in *which British blood had had formed for the purpose of carrying into effect the , years.—Cross examined. Several rec ipts were Fliewn flowed, that called more loudly for the • thanks of I object for which they were embodied. to the witness, which he acknowledged he had re. every part of the community. To descant on the t COURT OF KING'S BENCH, JULY it. ceived from the plaintiff. Ile never knew the plain subject longer he considered as superfluous, and he i ' KEIRULPII V. WALTER. . tiff to drink a glass of wine at his Grace's table, .is . should therdo t e p rocee d to state t h e substance of his I After the Jury were sworn, Mr. JEKYLL stated that he was too Toad of water. , motion, viz. • this was an action against the Defendant, the Editor The Earl of Yarmouth stated he had been much " That the Thanks of this Court be given to Lieutenant Got of 'lle Time, news ' f libel acquainted with thelateDuke of Queensberry ;he neral Sir William Carr Beresford," Etc.—[For the Resolutions;' paper, forapublished therein ; see the Advertisement ] but he was g lad to state that it was not one that would • had known him to speak in the highest terms of af- go to any discussion before them, for it had only been IMr. Alderman Btncn seconded . the first Resolu- ' fection and regard of the plaintiff '; he recollected at tion, and was happy to bear testimony to the miiitary brought by the Plaintiff, a gentleman of considerable one time, that his Grace sent the plaintiff to attend 'distinction we had acquired in this instance, under rank, to vindicate his character from the aspersions him when confined with the Asthma, which he con thrown out in that publication; he had conversed vial sidered at that time to be a particular favour; at a ' 'great disadvantages, particularly with such an irate. Iriority of cavalry. • : t ho se w h oa ppeared for Mr. John Walter, the Defen- time subsequent to that, he was seized with the same The first Resolution was then put, and unani• dant, and the result was, that they were disposed to disorder, and on sending for the plaintiff, he was in• mously carried. I allow his client to take s verdict for s£loo, on account tot med he could not wait on him, as he was in atten- Tne second Resolution was then moved, for eon. '4ls(the insertion of the paragraph alluded to. dance on his Grace. The demand appeared to him ,veying the Freedom of the City, which had been The Jury accordingly, without any evidence being be reasonable; he thought £lOOO a year, if paid voted to General Beresford on 2d October, 1806, but gone into, under the direction of the Learned Judge, quarterly, would have been a sufficient remuneration, which they had yet had no opportunity of delivering returned a verdict tor the Plaintiff—Damages XlOO. hut considering the length.of time the demand was to him, on his return, in a C h olcl Box, of the value of I ' COURT OF COMMON PLEAS, JULY it. due, that the charge in the declaration was in his opi -200 guineas. i FULLER V. MONTGOMERY, BART. AND EXECUTORS OF nion not more than the plaintiff was entitled to. His Lordship had always been in the habit of paying the Mr. S. DIXON seconded the motion. • I THE LATE DUKE OF QUEENSBERRY. Some objection was started to the departure from I Mr. Serjeant VAUGHAN stated the case, and • p laintiff • t said, for visits. s Sir Henry Halford stated that he had knoWn the the usual value, which was 100 guineas. • : that it was an action brought by the plaintiff, a re- plaintiff for eighteen years, and always' considered Mr. S. Dams thought it would not be handsome spe c table apothecary, against the defendants, the ex- him as 0 man of full employment in his profession ; to reduce it from 2 to 100 guineas, as the highest ecutors of the late Duke of Oueensherry, for his ;et.- sum was much less than the gallant General deserved. vices a s a professional man, during the hat eight years he thought his attendance on his Grace: must have materially injured his other business ; he also thought He thought too it would add to the gratification, if of his Grace's life time. He acknowledged the claim the box were delivered in Court. I was unprecedented—but his services were most me- that the charge of two guineas per night, and ten shillings per hour for visits, were most moderate. Mr. JACKS opposed the reduction. • - . titorious. The defendants were most honourable Mr. Box wished the value of the box 100 guineas.: men, and only defended the cause as a duty imposed Dr. Ainsly, Dr. Pemberton, Mr. Walker, and Mr. Hal- Mr. WAITHMAN said, he hadlong known the pri- up on them as executors. lis 1803, his Grace dismis- Jones, corroborated the testimpny of Sir Henry vate character of General Beresford, from Officers sod hi s a pothecary, an aecoet ot his giaat At ford, as to the moderate charg iff. es of the plaintaccountwho were intimately acquainted with him, and he be- that time he had a serious illness, and the ag e. plaintiff Lord Chief Justice IsIANsFiELD said, he had never known a similar demand; but . he thought it would lieved he might say that thaogallant General would Was called into the house to attend him. His disor- be much better that it should be made a regular c: ne e feel no gratification on understanding that this Court der was a vertigo. Atter his recovery, he afifeed two i nstead o f fill ing t h e i r pat i ents w i t h d rugs. imagined he deserved more from them than any other guineas us the proper remuneration for the plaintiffs 1 3 Dr. HOME, who had attended the Duke, stated a Officer bed yet done. services each night. The merits of the plaintiff, and Mr. S. DIXON said, though he would stand uP the se . crifices he made, were well known to the defen- conversation which hid taken place in the pia i ntifPh presence, where the Duke expressed his opinion that no' single, he would vote for 200 guineas ; but he knew dents. The plaintiff's bill consisted of 1215 nights man would, or ought to, attend another for nothing,. he would not stand single, but that the original mos which he slept in the house-2511 visits in the day- intimating to the plaintiff, at the same time, that he Lion would he carried by i great majority. —( Cry o time, of two hours each ; and 1507 of half an hour, was convinced he expected to be paid for attending no !)—Ay, but they would try. ' and that at a time when his attention was not only on b:m, and that he 'knew he had a right to be paid ) Mr. QUIN was desirous that nothing should inter- re • his • required to family, but to his business. The by his (the Duke's) Executors. Dr. Home' also I rupt their unanimity on the present occasion. It was amount of the charge might stagger the Jury in the swore, that he should have conceived the Duke of proper however to inquire whether it would be pro- first instance ; but when they considered that his.• 0, per to leave the established precedent. Look at the . Grace died worth one million of money, it could not as indebted the plaintiff Queensberry to his attendance. ' persons on whom had been conferred this honour.— .be considered too great a sum, particularly as it Was Several other witnesses were examined on the part Among them would be found the names of a Nelson, not thought so by the Earl of Yarmouth, whose chit- of the plaintiff. an Abercrombie, and the idol of the gentlemen over dren were the residuary legatees of his Grace. He Mr. Serjeant SHEPHERD, for the defendants, agreed the way, the Right Hon. Wm. Pitt. The merits of would read the certificate of the Noble Earl, which that this was a case which- in all probability might General Bereford were extraordinary, and would approved of the claim. never have come into Court, had it not been that the transmit his name with honour to posterity ; but this Mr. Serjeant SHEPHERD, on -behalf of the defen- actual defendants were tinder age, and that the Exe was a question of prudence. If a scale of merit was dents, objected to it, as better evidence be i might pro- tutors of the Noble Duke did not feel themselves to be drawn up, he looked upon the question as over. duced—that of the Noble Earls viva voce evidence. entitled to renounce their right of objecting to the He looked upon Dr Jenner, who had saved the lives Mr. Serjeant VAUGHAN stated, that the objection present unprecedented claim without submitting it to of so many thousands, in as high a light as any Ges ! was unnecessary ; for he- would state what was the I the consideration of a Jury. That the plaintiff in the neral who ever drew the sword. opinion of the Noble Earl, whom he would call to prove present case had rendered meritorious services to the The amended Resolution was then put, and carried : what he asserted, that lie thought that the sum of by a very great majority. i , £lO,OOO was not an overcharg e for the care and at- late Duke of Queensberry , the present defendants were far from disputing, but, as ,they had already The remaining Resolutions were then moved, and ' • the plaintiff had t he d e ceased i tention shewn to eceaseDuke; evinced, would rather be anxious to avow. They unanimously adopted. land if he had any influence he trusted the recommen- were called on, however, not to consult their own in , PROPERTY ACT. ' dation would he attended to by the executors. One of c mations, but to consider what was fit to be 'done on r • On the motion•to remunerate Mr. Charles Monte- , the defendants, Mr. Douglas, 'who hadlived in the the part o f the young persons w i t h whose interests,. , gue for his services under the Property Act, ' house with his Grace, a bill had been filed against by . they were entrusted. It was, therefore, his ( Mr. 1 Mr. WAITHMAN moved some Resolutions declare- the plaintiff, and a More honourable answer could not S er j eant Shepherd's) duty to submit to the Jot y e tory of the sense of the Court with respect to certain ' h av e been put in : it admitted every charge. When whether, as appeared to be the case, the plaintiff in harsh proceedings of the Commissioners for m snag. ! the plaintiff went first to attend on his Grace he was 1 his proceedings with the Duke had acted on the idea ing the Property Tax, by which money was annual l y .78 years o f age , from which time he had the most fa- of being remunerated. by e l voluntary recompence, wrested from the City to the amount of 30001. per an- ! ti gu ing attendance required by his Grace, as he was I in the shape of a legacy ; or, on the other hand, if he num ; and which, though tolerable to them in their I co nstantly confined with the vertigo. He never was,i acted throughout for a reasonable rate of • hire ? i aggregate character, shewed how severe an engine of : easy except elle pl:iintiff was within calling. It mig ht If the Jury should be of opinion that the former was oppression to individuals the Tax might be made. I .be asked,' why a bill had not been delivered during the case, then could the plaintiff be entitled to recover Mr. Quin seconded the motion ; and stated his i his Grace's lite-time ? This was perfectly replied to nothing under the present action. An apothecary, as : wish, that another Resolution might be added, de- :by the answer of Mr. Dbuglas, who set forth, that such, was entitled to no fee for Lis attendance. He daring the propriety of addressing his Royeblaigh. ; he had remonstrated with his Grace as to the claims , might, whenever he was so inclined, present his bill, ness the Prince Regent, praying him to order the re- I 'of the plaintiff, and was replied that his demands ; with 'a blank, but optional,.charge for attendance, movel ot the persons who had made e o ill a use of the I would be paid by his executors. to,e trusted it would 1 and his only remedy, if he was not satisfied, was not power with which they had been entrusted. • I not be contended that the best part •of the life of the ;to renew his visits. If, on the other hand, the Jury Mr. WAITHMAN objected to the addition of this plaintiff should be lost on his Grace without remune- considered the Plaintiff to have comported himself Resolution for the present; and those which he had • , ration. Haunderstood that the numberofv isits werenot I throughout as a creditor, and not as an ex himself proposed being put, %sere agreed to. I disputed. His Grace died at the age of 85, and was would find him entitle o pectant, then they d t a Mr. PIERRALL then rose, and after deicanting at obliged to receive sustenance every half hour. If the reasonable recompence fier his labour. Payment considerable length on the vast benefits likely to arise dead could be called from the grave, the suit would to an• Apothecary by any one individual. at the rate to the community from the system of education for be immediately settled, for the Noble person who was o f £lOOO per annum, or rather, as it was here charged, the poor, invented and successfully practised by Mr. the cause of it would not allow his name to be called at the rate of £l2OO per annum, was what, lie was Lancaster, moved— • I Into question where he had received so much benefit. That the Court shoulti grant towards-the buildings of the in -4 prh net . he attende d .1 • G r ace, h a d fif ty e pl a intiff, ore i r is man to conceive. In Ms bill cf particulars, the plain. stitution, for the purpose of promoting the Royal Lancasterian 1 , • .•• System•uf Education, the sum of 200 guineas', and the further guineas per annum for attending his household. It • tiff who had formerly disclaimed all ability at making (suns of 100 guineas, to:/ards the general purposes of the said ' was true that apothecaries did hot in general charge out an account of this kind, had shewn himself vs be testitelion. for attendance; but were paid their charges on medi. peculiarly expert on the subject, by dividing 2737 Mr. FAVELL seconded the motion in a sjsort but • cine, which never could have been , satisfaction CO the days, being the whole number which he (M n Ser. i able speech ; and it was unanimously agreed to. plaintiff, as his Grate never took any. The Jura jeant Shepherd) could find in seven years aed a half, The sum of £315 was granted towards establish- rewould consider what he had suffered by his close at- i into 9000 and odd days, or as he p leased to call them ing and maintenance of the Lancasterian System of 'tendance, not °nisei's to his private practice and fa- visits. ' No physician even, he was satisfied, could . Education. And also the sum of £lOO to the Lon- mily comfort, all of which he was deprived 'of by his have expected to be paid at such a rate. The defen- . 4 don Truss Society. . ' attendance on Iris Grace. Under those considerations, . dants, however, should be satisfied with whatever the i Some further routine business was then dispatched, he would leave the case to the Jury, convinced in his Jury chose to decide. and the Court adjourned. . mind that they would do that justice which they had • Sir JAME SMANSFIELD, but for the admissions of • -- undertaken to do by their oaths. He then proceeded ' in • Mr. Douglas, hi s answer in Chancery, and for the MELANCHOLY • ACCIDENT.—A young 'Gentleman, to call hi; witnesses. evidence of Dr. Home, where he states the plaintiffs thirteen years of age, of the name of Green, was ' Michael Gunmoe deposed, that he lived 11 years having been present when the late Duke said that he drowned, whilst bathing below Kingston on Tuesday, in the service of the late Duke, part of the time as Iwas convinced he expected, and that he had a in company with a servant of Mr. Challinor, who clerk of the works, and the remainder as groom of the' rig ht to expect to be paid for his visits and for his lives near the spot, and at whose house Master Green ch amber. The p laintiff had been from 1803 in con- ' trouble with the Duke, should have esteemed the pre. was on a visit. Green, who could not swim, got stem attendance on his Grace, he regularly attended sent action untenable in a Court ot Justice. He was ; into - a hole, and Swiss, the servant, in his hndeavour ' twice asday, and sometimes was sent for three or i, not aware that an Apothecary had any right to claim Ito rescue him, and being an indifferent swimmer, four times. He slept every night in a room adjoin- for attendance; far less that he was entitled to site iwils also drowned. ing to his Grace ;he had often heard the Mike ex- I i for t. In the peculiar circumstances of the present The Lady's maid, whom we stated a few days ago press his great satisfaction of the attention of the 1 case, however, a claim seemed to have been recite to have been in custody for robbing her Lady , be- i plainti ff ; the' plaintiff always attended him to bed,. , raised, which, with pertinent remarks on 1.1 nature anti longing to a noble family, of jewels, dresses, &c. has and had heard the Duke exprets great apprehension I extent, he left with the Jury. been confined by dangerous illness since the affair j that he would die of the vertigo, if the plaintiff was After retiring for a few minutes, the Jury returned • was discovered, from the effect het conduct had upon I not in attendance, from some blunder of his servants. with a verdict for the plaintiff—Damages A'7500. her mind.—The amount of the robbery is about two IHe had in general great Objection to physicians and The Court was much crowded at an early hour. hundred pounds. t medicines. • -, • - .:• . , • .. . . . .... , • . • ~ e • *: ' . 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