Star. — London, England, 1816-12-31 00:00:00

- T - I stIaSCRIPTIoNS hitritr Poolt. The Factlfty of Physicians aid &aeons in alas ,,have voted one hundred g uineas out of their • t he poor of that city. The Members have • ' w ily offered to attend the sick poor gratis, A t m' g t he existence of the present d i strgss. The Subscription for the Employment of the La ioariog Poor in Carlisle amounts to upwards of £BOO. The Subscription for the relief of the Labouring y o ce, kc. of Whiteha . ven and its vicinity, goes on with fro g spirit. The Earl of LONSDALE has contributed 6 000 towards the Fund. ja the parish of Portsea, the subscription for the ?catamounts to upwards o f £ B OO . The example of Portsea has Bien followed by the ilbstfitants of Portsmouth, who had a Meeting in last, when a very li. Townliall, on Thursday litsl subscription was entered into. Tuesday, THQAMS FREENI AN HRATUCOTE, M.P. for Hants, gave a shilling each. to every poor oani woman, and child, in the parishes Of East and rest Vs'ellow. lons K oss , Esq. Coram-street, London, has tran. witted the sum of one hundred gaiineas to the Rev. MACINTOSII, of T4in, to relieve the most needy hi s parishioners, es:lecially ot the name of Ross. 1, 4 ,s vv.:lk Mr. Wcen, cf Wish-lane, Portsmouth, .gributed two bullocks, and a quantity of bread to i b e prom in that neighbourhood. Mr. CHRISTY, and Mi ss Wit,soN, of Southsea Lodge, also gave a number of awful articles and money to poor families. The °firers of the Custom: at that Port distributed six fine p to the poor men of iliat depai talent, to whom y had not been able to give employment lately. SPORTING INTELLIGENCE. STATEMENT OF THE ODDS ON THE DERV( AND OAKS S FAKES, int 7—DECEMBER SO. DERRY. ' 9 to lagging Brother to Sinoleneko ram—l it to I against Duke of Grafton's Waterloo. IS tot against Duke of K titiand's c. by -Salim. 13 to Pagans• c. by Orville nut of tiomentdia. 15 to 1 against Brother to Crispin. IS to I against Ld stawelts e. by Dick Andrews OAKS. Ytken- 8 1 to 1 against Mr. Watson's 1. by Cervantes: aken—i to I against D. of Gratton's f. by Dick Andrews. aken-11 to i against b. f. by Walton, out of Creisida• to 1 agaiest Mr. Blake's Selina, by Waxy. —lol* to 20 against Bre:111r to Smolensk*, sad the Cers yawn fitly o inning Derby and Oaks. Guar Mit7Cll AOAII4B TIM r.--Saturday Mr. MAI'LZSTONIgt Body House, Paucras-road, undertook for a stake of 200 eitien,to ride an old blood mare (upwards of 14) thirty-three in two hours, round a piece of ground of two mks, situated a the Manor of Maberly, near Skiptcvi, Bedfordshire. This souk had excited much sporting anxiety. The mare was Loa. wells .he tub and 15th miles, and site run in very freah. Bet ;6 to 4on time. She did th 4 last half round with superior d, and won by St seconds. She was correct in pace through. et, and could have 111011 It in less time. HUNTING. ROYAL HUN T.--. The Royal Hunt a !sit Friday started from ar Wanham Bridge, Soon after ten o'clock, where the Royal lusumen at d Gentlemen Sportsmen were assembled in readi est to put sae the sports of the day. A airy fine deer was started ren tie cart upi.n the occasion. deer went off at a very le spied, etnastng the iiieleaures, making great progreis through kw toward, Hounslow, but did not reach that place, and cros ed the Bath-road, running with great swiftness towards Harrow tie Hill, taking to the right for a considerable distance, and us eaten on Hanger-hall, near Acton, after an excellent day's Yesterday morning the Royal Holtids started another fine in st East Hampstead, at half past tar o'cloek. Printa• negent's Stag Hounds meet ma Friday, at Brick hip, at eleven, if hunti n g weather. Tioliat field 1-founds meet's htsrsday, ar Obey Hoo ; Saturday :Prat Wood, at half-pad ten. eke Sanderdead H.rriers meet every day, at Kennel, at half. maim. Lifaberly, Etiq.'s Fox Hounds meet on Thursday, at Rai lway/1s ; Saturday, at Wickham ; Monday next, at the Half goon, Godsione Road; 'I burselay, Jan. 9, at Batley Hill; Sa allay, Jan. I I, at Shirley. H. loliffe, Esq.'s Fox Hounds meet on Wednesday, at Out. aid Common; Saturday, at Box Hill; Monday, at Upper Gat ti House; Wednesday, lan. u, at Beteltworth Castle; Smut ty, Jan. it, at ihe Windmill, Walton Heath. Lord Derby's Stag Hounds met this day at Wickham Getaway. Mr. Cooyer's Hounds meet to-morrow, at Keivedon Hall; hturday, at Hatfield Heath. The tut Essex Fos Hounds meet on Thursday, at Hazley Bill, at ten. Lord Althorp's Hounds meekto•morrow, at Althorp ; Friday, aHatelbereb, at ten. The Duke of Grafton 's Hounds meet tomorrow, at William's Ledge; Friday, at Linford Wood, a: half pad ten each day. The Oakley Hounds meet on 1 huraday, at Snehon Grounds; hada, at Clapham Park, at half-past ten each day. 'lke 2uorndon Hounds met this day, at Bradgate Park • on widaf they meet at Widmerepool Inn ; Friday, at Six Hills; hardly, at Garendon Park, at half-past ten. Ent Fitowilliam's hounds met this day at Thorpe Wood ; and *meet on t hursday at Tichmarch. The Fox Hounds of R. S Lloyd, hut. (Suffolk) met this day liflowton Brook, and will meet on Friday at Woolpit Kennel, stet o'clock. Mr. Osbaldeston's Hounds met this day at Mr. Dester's, of !ncole; will meet to-morrow at Ingham, Friday at liurbage load, on Saturday at Kingsbury Wuod, and on Monday at Moan lid!. Mr. Crestett Pelbaso's Fox Hounds Will meet to-morrow at 10swestry. The Viscount Clive's Stag Hounds will turn out at the Craven Alas toonotrow, at Mochtre on Saturday, at Little Brompron iTiesday, and at Ucklemind on Friday (Jan 10), each morn ku eleven o'clock. Lord Derby turned out a Deer on Saturday, at Epsom Downs. The Grand Bazaar •at Bri hton is now converted iao a Tennis Court. hi consequence of a heavy rain on Monday se'n ht,i the Clyde was so much swollen, that the aidgegate,_ and other low parts of Glasgow, were Utter water. PARISIAN FASH DECJAIBER 25.—Silk plush Pitinues fashionable. The Ladies wear grey plush, vls the flower called auricula. Hats of white plush *generally ornamented with white plumes. Many Pilate remarkable for breadth, others are very long. TT* rims at hats are both strait and turn e d u p . ,ors a bow is placed on one side the crown it is large. -.arly all bows of this description are composed of %anal the same colour as the hat. There is a brown alule lighter than dried currants, now called mare ; many ladies have Merino dresses of that colour. "Y. pearl, or fawn, are the common colours for 141 k,,, int pelisses, which are worn with four or five ars• Muffs w;thin the last few days have become , _ 'l" muss and we observe many all white. Several - "cell of black velvet have a double row of black . 4 ,in ribbon gathered up the front and round the 'lives. The fashionables occasionally display hats n citron colour—what they call the undress hat. 2 1 = newest hats are distinguished by small yellow "'en, tesentbling the everlasting flower. Since the !id weather commenced we have observed long pel itietcase, raq44 of coating Or fries. • 44: i k rr • . .. 410' . tornuama. co OF ILINO'S lIIINCit , MICEMBERI. U. THE KHOO Is. MUCKS. " iati l Th; was indictment against the defendaht for wilful and cnrtupt rijory, alleged to have been com mitted by him, in an answer pat in by him to a bill Sled in the Court of Exchequer. The ATTORNEY-GENERAL stated the ease. He ob served, that the only question for the Jury.to decide w:is, whether the answer put in and sworn to by the defendant. to a bill filed in the Court of Exchequer, was false or true, and whethet at the time he swore to that answer, he WAS not conscious that the statement to which he wos swearing was false ? The present in dictment was preferred by certain respectable under- writers in the city of .Loticions and the follow ing were the circumstances under which the defendant became liable to this prosecution. The defendant and two other persons. named Roper and Price, were proprie tors of a ship named the Vigilante. in 1805, this ship was fitted out by them for a v.iyage to the South Seas, where she was to be employed in the whale fishery. Besides this object of her voyage, however, there was another; for she was provided with letters of marque which enabled her to take prizes, if any should tall in her way. It appeared that at the time of her sailing she was insured by the deiendant and his copartners in the sum of £3OOO. Froin the period of her sailing, to a considerable time subsequently. no intelligence WAS received of the vessel. In the year 1807, however, in the month Jely. a les son of the name of Anderson. who had been a seaman on board the Vigi. lante an ived at Sheerness, and immediately wrote to a man of the same surname, a tailor, with whom he had lodged, informing him of the loss of the ship, and de siring him to acquaint the owners with that circum stance. He stated, that the ship having made several valuable captures, had so thinned her own crew by manning the prizes, that the Captain was obliged to have recourse to the assistance of 'some Spanish pri snners on hoard to navigate her. These men, with the assistance of a " Cursed French Cook," who was on board, watched a favourable opportunity, killed the mate, took the ship, and carriee her into an enemy's port, where she was condemned. These were the facts communicated to the taller by Anderson. who went down the same day he received the letter to the house of Price, whom he knew to be interested ie the intelii gence, to apprise him of the news. Price was not at home, but hearing that Mr. Anderson had called, he sent his wife to him, to learn the subject of his v.sit. Anderson then shewed her the letter. the contents of which were immediately made known to the defen dant as well as to Roper. The defendant, instead of honestly ataprising the Underwriters of these circum stancee, immediately went and effecied further insu rances on the vessel to the amount of 48400. This was in August, 1807. The deteudants after watels brought their actions against the Underwriters for the total loss, and recovered on some policies. The Un derwriters, however, suspecting that all was not right, filed a bill in the Court of Exchequer, calling oe the defendalts to answer certain questions entchttig their , -knowledge of the loss of the Vigitante, and pat ticu larly whether they were not acquaioted with her loss previous to the date when the last policies were effected ? In answer to this bill, the defendant denied all knowledge of the loss, and asserted, that at the time he effected the policies, he had no reason to be. Wye the ship was not perfectly safe, except the suspi cions which might arise from the length of her voy age ; and in this answer of his cousisted the perjury. The AT I ORSTEP•GENERAL then called witnesses to- 1 prove his case : before the evidence was concluded, however, The COMMON SEILJEANT objected to the form of the indictment. The indictment, he observed, averred the policies of insurance to have - been effected on the 19th of July, whereas, upon reference to the policies themselves, teey appeared to have been effected on the 15th. He also objected, that the indictment stated the policies to have been effected by the defen dant himself; whereas, in truth and in fact, they had been effected by the procuration of an agent. Lord ELLENISIRoUGH thought these objections unan swerable. and the defendant was found—Not Guilty. The partner of Hucks, Roper, was convicted on a similar indictment on Friday :—the same objections did not apply in that case as in this of Hucks. DECEMBER 30.—CAVAN W. STEWART. This v. as an action upon a judgment far 43000, recovered in the Island of Jamaica. The defence set up was, that the defendant did not reside in the Island where the judgment was recovered, and not having been present to defend the Colonial suit, he was not liable in the present action. Lord ELLENBOROUGII ruled against the plaintiff, holding that he would not allow a judgment which. might have been obtained behind a patty's back, ilk a Colonial Settlement, to be enforced in this country.; and therefore directed a nonsuit. THI MAYOR AND CORPORATION OP LONDON V. BRANDON. This was an action nominally at the suit of the Corporation of London, but in fact brought by Messrs. Splitgerber and Company, against the De fendant, who is a sworn London broker, to recover the penalty of 4500, for certain breaches of the bond which swore London brokers give the Lord Mayor and Corporation, upon being swore is for the faith ful and honest discharge of tnetr duty. The principal breach relied upon was, that the defendant being employed by Messrs. Splitgerber a:.d Co. to purchase .60 packages of Porto Rico tobacco, which arrived in this country in September, 1810, by the Lord Coch- rane, be had made out a false invoice of the commo dity, representing it to weigh more than it in fact did, for the covetous and fraudulent purpose a charging more brokerage than lie was entitled to. The ATTouNeY-GENERAL, Mr:TOPPING, and Mr.; PALLE, appeared for the Plaintiffs ; and and M opened upon the first breach was, that a Merchant named Cohen having imported 70 cases of Porto Rico tobacco, the defendant was employed by Messrs. Splitgerber, in September, 1810, to purchase on their account 60 of the cases, for the purpose of exporting them to Stettin. The net weight of these 60 cases appeared upon the Custom House books to be 41,693 lbs. and the invoice, which was delivered to Splitgerber, by Cohen, in the handwriting of the de fendant, represented the tobacco to weigh 53,448 lbs. thereby making an overcharge of 11,755 lbs. The tobacco was sold at the rate of one shilling per pound. Upon the delive r y of the invoice, the tobacco I was seat twice successively to the Continent s but re- . - ttlttect to this country each time, without -any deter don of the err* in the Wafitht. Howeirar, upod a third attempt to export iti the , sdpposad fraud was discovered, and Mr. Spbtgerber commenced an ac tion against Mrs Cohen for the ituount of the diffe rence between the invoice an& the actual weight.-- On that occasion the defendant was a witness for Mi. tiplitgerber, who recovered a verdict for ‘672 with costs. It appeared that the defendant's broke rage was charged, not in respect of the weight a the tobacco, but in respect of the number of cases ; and no evidence was offered to she* that he had any fraudulent design in framinf the invoice, for the purpose of bene fi ting himse t. From the cross- examination of the Custom House Officers by Mr. Scarlett, for the defendant, ' it appeared that just im mediately before this transaction, which took place in the year 1510, it was the practice to enter in the Custom House books nothing more than the net weight of the tobacco, which was ascertained by taking the commodity ont of the hogsheads; but in consequence of an Order in Coimcil issued about that time, permitting the importation of tobacco from places, and in packages, not theretofore allowed, amongst which was Porto Rico, it became necessary to make entries, first of the gross weight, then of the tare, and lastly of the net weight. Therefore it was nut unlikely that a pers'n not perfectly conversant with the new mode of keeping accounts cf the weights might mistake the first entry for the aet in stead of the gross weight. In this particular instance it appeared that the net weight was not aseertaibiei 'until long after the importation, and it certainly was not entered in the Custom House books at• the time when the invoice WAS made out, and was not in fact ascertained until the attempt was made to export the commodity. The next breach of duty charged against the de fendant was, that when employed to pay certain ship ping charges, he charged his employer more money than he actually paid, but Lord ELLENBOROUGN thought that this was ncit' matter of inquiry under the present bond, inasmuch as the business of a shipping agent did not fall within the scope of duty beionginF to a broker, whose pro. vince was merely to negotiate between the buyer and seller of goods. His Lordship therefore excluded this point of inquiry. I'he Wird breach charged was, that he had made a false entry of the invoice in his contract book, but upon comparing the entry with the contract itself, it appeared to be only a short entry of the names of the purchasers, the seller, and the namber of pounds of tobacco bought, without stating the particulats of the tare. However it did not differ from the con tract note in any material point, and Lord Euranonouou was of opinion, that however irregular Gad improper the variance was, as it re spected the interests of the parties who might have occasion to refer to the contract hook of the broker as evidence of their respective rights, yet as there was no fraudulent motive on the part of the defen dant, it could not to considered as a breach of the spirit of his bond. The fourth breach was, that the defendant had refused to exhibit his contract book to his principal when called upon, contrary to his duty as a broker. The evidence upon this point was, that the plaintiff, accompanied by a friend named Arnold, and his Attorney, called in the beginning of the present year at the defendant's house, in Mincing-lane, and de manded to see the contract book. The defendant replied, that it could not be seen then, but he would produce it at the proper time. It appeared that at that time the Corporation of London were investi gating the defendant's conduct, and they had sum moned him to appear in the Alderman's Court the very next day ; when he actually appeared, and pro duced his contract bock, in his own defence. Lord ELLENI01101;Gli, upoe. this evidence, was of opinion, that although the defendant had, according to the letter of his bond, been guilty of a breach of duty, yet the circumstances under which he refused to shew the book, shewed that it was pot through an improper motive, as he did in fact produce it the next day. I'he fifth breach alleged was, that the defeadane had employed his brother to act under him in the character of broker, contrary also to his duty, which required the personal application of his skill in the discharge of his functions for the benefit of his em ployer. The evidence on this point was, that the defendant had certainly employed his brother to act for him and assist him in his business of broker, but all the contract notes appeared to be signed " Bran don and Suns." There was no instance distinctly proved where the brother had acted solely without the assistance or advice of the defendant; and the utmost proved was, that he had acted more like a partner than a servant. Lord ELLPNooftovcu was of opinion, that although the defendant's conduct was highly improper in this particular, yet the express wards of than breach charg. ed in the declaration were not male out. The thing pointed out in the bond was, that he should not em ploy any body to act under him as broker, and the evidence not meeting the charge so alleged, the case, strictly speaking, was defective. The ATTORNEY-GENERAL then' trued upon the first breach, respecting the supposed fraud in deliver ing a false invoice. Mr. SCAULETT for the defendant, said, he appeared on the part of a Gentleman, who was the representa tive of a house which had existed for 100 years in the City of London, as brokers, and during all that 'time bad stood high in the estimation of the commer cial world, for honour and integrity. He gave the plaintiff, Mr. Splitgerber, credit for great industry; in endeavouring to find out every possible and ima ginable ground of complaint, which could be sug gested to the prejudice of Mr. Brandon. To use a vulgar phrase, he had endeavoured to " pick as many , holes in his skirts" as he possibty could; but most of his charges bad failed is &fiat. The only one remain ing which required an answer, was that which res. petted the false invoice; but it would be impossible for the Jury, upon the evidence they had heard, tc say, that there was any thing like fraud imputable to the defendant; and the Jury must find him guilty of 4 fraud to sustain the present action. He (Mr. Scar let() was in a condition to prove that the error which appeared in the invoice was a mere blunder .ot the clerk sent to take the weights fr4•n the Customhouse books; and that, in fact, the defendant had qo per sonal share in the error. It would be recollected, that goods et the Customhouse were not like goods in the - • • . , hands of the meselhallv, which stigla be aectwatelf weighed, and the amount r ui ne d w i t h prec i s i on . Here the weights could only * NI flown from the CM torit•house books $ and upon a ' , sling is the testi mony of one of the Custom-holm lanclitohg-w.attaecrcs. it appeared that the actual net weight ~( is to ft was nut entered in the books until nearly three mono 1 alter the goads were landed. What evidence wab . there of fraud in this case ? None. The defendant's brokerage was to be charged-on the number of cues And not upon the weight : and no evidence had been offered to chew that be had derived one farth!pe of advantage hop the mistake in the invoice. Bc4tA te the Learned Counsel had stated the whole of his case. The Jury interposed, and said. they were satisfied that no fraud bad been proved against the defendant. and that their verdict must be grounded by this cit.- CUMStatiCe. - 1 Lord ELLENBOROUOO concurred with the Jury as to this point i but he thought it was the duty of the defendant, as broker for his principal, t►► see that his employer was fairly dealt with, by tatting cue to ascertain the exact weight of the commodity he was &wired to purchase. With respect to the other parts of the case, f►e thought the defendant's conduct Lad not been perfectly blameless, although strictly speak ing, he had not incurred any penalties of his bond. The ATTORNEY-Gk,EMAL 'then consented to be nonsuited—Nonsuit. HARVEY v. BROWNING AND ANOTHER. This was an 'action brought by the assignees of Matthew Barnard H4rvey and John Whittle _ _ vey, to recover the sum of £soo,•money had and re. ceived by the d:tendant after the bankruptcy. The case opened by the plsisuiff was, that the money in question had been paid by John Whade Harvey to the defendants in the month of April, 1814, for the purpose of inducing them to forego the indictment for perjury then depending against him, and which was tried last Saturday. The indictintlAt had stood for trial on an appointed day in Apr►l, 1814, at Guildhall, and the day preceding, Daniel Whittle Harvey had a verdict found against him, at the suit of the defendants, fur usury, iu the sum of aft 4 500. The business of postponing the indictment, with a view to its settlement, was negociated by D. W. HAD. vey, but the defendants stipulated as a condition, precedent to their acquiescing, that he should pay the iEt,.500 recovered against him the day preceding. This he declined doing, but the defendants agreed to the arrangement proposed, upon being paid 4'500, the sum in question. Vpon the evidence being produced., however, it appeared that the payment was made prior to . the bankruptcy of the HaTtreys, and that the ser,oo was. given as part payment of .D. W. HarVey's debt of £4,500, and as an inducement only to postpone the, ; trial, and not to compound the prosecution. Under these circumstances, • • Lord ELLENBORnIKiII held that the action would !not lio, and thetetore directed a nonsuit. coußr OF COMMON PLEAS, DECF.MBER 2e. In an action against the London Dock Company, for detaining goods under the ordets of Mr. Samuda, .• a Jewmerchant, aremarkablecise of fraud was stated, also involving a difficult point of law. Mr. Samuda, having goods in the London Docks, was applied us . by a person named Roebuck, wl:o has nev.l- since been heard of, for the purchase thereof. Mr. Samuda waited .upon Roebuck at his counting-house is Lout. bard -street, in order to transfer the orders for deliver!. The terms being ready Money, amounting to odd, and perceiving £l,OOO in bank-no:es lying on- Roebuck's table, who Was then about to give tun 4 cheque, Mr. Samuda observed to Roehifek, to the cash—" You can Day, me the tnoiley.”-46 no, Sir, (said Roebuck) I only wish to pay the £lOOO in to my banker, because you know it would l':ok well; but if you will present this checyte ttvii) o'clock to-day, the money will be paid you there." Upon this Samuda took the cheque, and signing the transfer order, gave it into the hands of Roebuck. Finding the cheque dishonoured, Sainucla immeei ately stopped the goods at the Dock, and (he present action was brought by the bona Pe holder of the transfer order, by which he had become a purchaser from ROehtmk, to recover the goods eif against the Dock Company. Immediately after this successful fraud Roebuck abseonded, and has not since beets heard of. The Jury, under the direction of Mr. Jus tice PARK, round for the plaintiff, by which the loss falls upon Mr. Samuda, who had indemnified the Dock Company, to induce them to defend this action. A legal and most beeeficial reform is in progress in the Isle of Man, and will be effected by the Lieut. Governor and his Majesty's Attorney General. —lts primary object is to put a stop to the nefarious subject Gt appeals from the judgments and decisions obtained in the Courts of the Island—and , not prose cuting them ; by which means, even the inrular cre. ditor is sometimes defrauded ; and the straws- ha, been frequently robbed of his property, because ne could not item:sally appear to vindicate his a rim. It is in the contemplation if the principal inirabi. tants of Cheltenham to Wild a new Church. The spot fixed upon is on the Eastern errtra•ce of that town, near the premises of Sir WILLIAM ILCKS. Sunday se'nnight the elegant new Roman catholic chapel of Glasgow was opened fur public vvors'ay by the Rev. A. Scorr, who, after celebratiag inii o de livered a most eloquent discourse from St. Luke vii. 5. " For he loved our nation, and heath built its a syna gogue." the house was crowded with persons of almost every persuasion, ants the collection received at the doors was Jiberal. The plan aad fiuis*:liii,.; of the building do great credit to the abilities of Mr. GILLESPIE, the architect. It will hold above 2()00 persons, and has cost, it is said, about 413,000. On the 13th instant, a woman far: gone in pr:g nancy, while stepping into 4 basket .to go down a coal-pit, at Sir JAIN lelopa's , Colliery, at Dalkeiih, owing to the book slipping, s' e was precipiiezecl . .o the bottom, and killed: two other women bad Alfa entered, who hung by the chain until relieved. Ors the same day, at the same work, the met of one of the coal-rooms tell upon three colliers, and crushed them severely : they are, however. likely to recover. Yesterday evening, a fellow broke a large square of plate glass in the shop window of Mr. Hawley, a the Strand, and stole a valuable gold sniitl-o-x was its* for sale at 500 guineas, with which he wit clear off. Monday se'nnight. a boat belonging to the Tines, in sailing off to Spithead, was upset by a suddeq squall, by which accident one man ( Admiral PICEM!The 4 iteward) and a woman were unfortunately droyste