Star. — London, England, 1811-08-16 00:00:00

- THE,NIGHTINGALE AND THE LARK. A FABLE. ♦DDREScaD TO ToOKO POZTa. While Pitlxosist.A potted her thrilling strain, She tilled with rapture all the neighbouring plains; • The leafy trees no breezes shook, The general transport they paitook ; The win,Ted choir forgot to steep Their senses is oblivious sleep. Auao aA, smitten with her lay, Delayed to usher in the day; For even the gods with ravished ear, The melting notes of ritt Lox Er.A hear; And she by sucti an honour fired, To charm with still more moving melodies aspired. She then gave o'er—the LARK drew nigh— ,' thou Aitteld more exquisitely sweet than I, 6' rids crad.e is thine; yet we complain, " And this thy fund admirers tie`er deny, " 1 hat all the year, a week or two alone we hear thy strain." But PHILOMELA smiling said, " Of this reproach I'm not afraid, " May never more than this assai) my name ; S ' I sing not long—and why ? Because I sing for fame. " The voice of nature I obey, " At her command I poar the lay; " At her command my ♦oice is still, " For all should yield to nature's sovereign will." Let Pummel.* be your rule, Sing nut ye Poets all the live long year, For they who sing in Truth and Nature's school, Can only hope at times to please our ear. Would ye the world with ph scare till, Sing only when the Muse inspires ! Thus may ye hope to mount the hill Where Fame's proud Temple allows her glittering spires! And when the wearied Muse deities her aid, By silence will ye hest consult your tame; For he who seeks to make the Muse his trade, ' Howe'er Fortune crown his present aim— Will at last to ridicule his name, And 'sued of buret Wreaths, adorn his brows with shame! p. .43,s7ZES. SUFFOLK. Yesterday se'nnight the lion. Mr. Justice HEATH opened the commission for holding these Assizes ; and on the next morning, the Learned Judge :team parried by the High Sheri:l', the Officers of the Court, and the Aldermen and Gentlemen ache Corporation, attended divine service at St. Mary's Church, where a sermon was preached by the Rev. Dr. Pettiward; (brother of Roger Pettiward, Esq. the High Sheritf) from Titus S. V. 1. About it ono the same day, Lord Chief Justice Massriet.n 'arrived front Cam. bridge (where he had been detained in hearing causes) ain!"the two Judges immediately prcceeded the iespective Cotirts. Lord Chief Justice MaNsriew having proceeded to business at the Crown Bar, John Rose and James Jesup were convicted of bur llarionsly entering die dweliing house of Mr. Stephen 00:1-row, of 11,. dtield, and received sentence of death, but were afterwards reprieved. John Francis, Charles Honey wood, and Fraocis Francis, for stealing three half coornhs of barley and the same quantity of malt, from.the premises ui Matthias Kerrison, Esq. of Btingay, were each sentenced to seven years trans= pot teios. John Hader,. convicted of stealing a rel note, the property of Robert Moore, of Cockficld, was Ordered to be imprisoned six months, and to be pub • "day whipped. Mary Clarke, fir stealing a sitver• s watch f rom her maste. 's lodgings at Lowestoft,the pro pert), of ,Mary Eagle,.was sentenced to three months imprisonment. A true bill was found against John Ingram, for scaling a trunk, containing various ar ticles of apparel, &c. from the back of the carriage belonging to Sir It. Buxton, Bart. on the road.be-' tween Stowmarket and Baylhant, but on account of a certificate from the surgeon at Ipswich, that he was too ill to be conveyed from Bury, his trial was deter , red until next Assizes. Mary Cutts was also reman ded till next Assizes, owing to the illness of :he pro secutor. Joseph Barth, Jilin Hamilton Roche, Mar tha Bennett, and *tinuel Stain, were severally ac-• quitted. No prose:titor appeared against Sarah Dye, and she was discharged by proclamation. ALDRED V. wCOLNoucti. This was an action brought ei recover 16 guineas, the price of mare sold by the plaintiff, who is a f..rmer at Lowestoft, to the defendant, an inn-keeper • at the saute place ; but the plaintiff having, in coin-. versation at the time of sale, warranted the Mare to suit the deletnlant, and that she would go quiet in. !runless, and it being proved she was not quiet, thii 'plaintiff was neasnited. • -Serer:GLOW v. PARKEIG • • . This was an action for an assault, committed by the defendant upon the plaintiffj 'it wat proved that afrtr delendent wa's Chairman - of a company at an inn at Botettlale fair, into which roots the plaintiff went who provrik.•l the defendant, by saying he would not 'sit in a.rocnn"where a swiedler vas Chairman. After this the assault 'c on;plained a was. committed, an the Jury (ccnsidering the provocation 'given) loon 4 verdictior the plaintiff with on l y 6d. danrages. • StiCAMAN, JUN. t. CARTER AND ANOTMER. • This was an action brought for the recovery of ti horse and cart sold by the defendant, under an exe • eiition issued against the plaintiff's father a but it • t,eine proved that the chrt was the plaintiff's, and ' see the properly of the person azainst whoin the ex tientinn jssued, the Jury found a verdict, dantagot :icing the - ialue of thir cart... l BAU.S patcsv, FAQ. • This was an action brought by the assignees of a bankrupt, to recover the value of goods sold under an execution, subsequent to the.bankruptoy ; the de fentiatit being tiniu Sheriff, and acting under an in demnity, and the - bankruptcy being proved prior to the execution, the Jury fiend a verdict fur the plain : tiff —Damages £l7B 13s. 1-.11: KING v. JOMX ELEY KEMP, GENT. • This was an iudictneint for an assault committed by the defendant, in horsewhipping Joseph Sharp, employed as a bailiff to Lord Thurlow's estate; at Wratting, in the occupation of the defendant's father; th t whose authority to come upon the said premises a n, teas disputed by Mr. Kemp, j un. the c defendant being found guilty, will hereafter not bt it oti .c judivuent. twines • . . . • YORK.. Anne . Triii ht, the wife of Robert Wright, of Lock ington, near Beverley, was charged with the wilful i murder of Elizabeth Wright, the daughter of her husband by a former wife, a child about nine years ' ,of age. The prisoner had been convicted at Be verley Sessions, on is charge of cruelty towards this child, and sentenced to twelve months imprisonment. 'Bud c the Judge . in Ms 'charge to the Grand Jury at tbe.commencement of the Assizes, having intimated 1 that the kw - required further investigation, au in- 1 nitiry. was kistituteJ by the Grand Jury, the result of Which was, the finding a true bill for murder against the prisoner, and she was removed by a bench war-' Irant, from Beverley Hoose of Correction to the Cas tleof York. The indictment cons lined several counts, 1 charging her with committing the mur d e r in diffe- I rent modes, by beating, continii;g, and starving her. The evidence disclosed a series of the most abomi nable acts cf cruelty ; but the Surgeon could not possibly state that the death of the child had been oecasi med by this ill treatment. The Jury, after re 'rtiring for a tpurter of an iiour, found the prisoner— NotGuilty.—His 4.ordship-observed, that it was a very proper verdict. The prisuper had Counsel as ' signed her by the Court. • . i KINUSTOI4. AUGUSt 14. - - REEK, titl TAM, v. DottMAT. This was nti information under a statute of Queen Elitabeth, Ist, for exercising the trade of a miller, not having served sir. apprenticeship; and, secondly, for setting to work one James Toplife, as a journeyman, he not having served as an apiTentice. In this case it appeared, that Mr. Dormay, who had tidlowed the business of a barge-master dining the whole of his life, had, about two years since, taken I a mill at Wandsviortb. It turned out, however, from the examination of his late foreman; that as he had not been bred a stiller, and did not understand the - -Tkacss he Revd interfered wits his foreman it the • ~. • • • - . - PULLER V. COVE ANTS OTHERS. I rat eat of the mill, except in his approbation of An action to recover damages for breach of as the persons for whom corn was to.be ground, and agreement with the defendants, to have the rabbits - that, in fact, the mill was entirely conducted by the off their land in their occupation at Melford ; but it . foreman, who was an experienced miller. It also turn appearing that the defendants had not done any act ed out that the name of the lad who had been employ in breach of the agreement, but that the acts cons- ed was James Thomas Topliff, and not James only ; .plained of were dune by other persons without their in addition to which he had gone to the mill upon authority, the plaintiff was nonsuited. . , liking, and had since been regularly hound apprentice DO& ox THE DEMISE or THE CORPORATION Or IPS- to the present foreman of the mill, who was also a re- sown V.. 1. CODISOLD, ESQ. 1 gularly bred miller. This was an ejectment tried by a Special Jury, to 1 , Lord ELLENDDROUGH was of opinion, that the determine who was entitled to a piece of ground charge of setting James Topliff at work must fail, as. lying near the defendant's premises, and being ooze, that was not the name of the lad ; and that with re. or ground between high water and ;ow water mark, . gard to the other charge, it had not appeared in evi. in the river Orwell, and which had been purchasedhY dence that the defendant had used the manual occulia. the Commissioners under the Act for improving th It lion of a miller (those being the words of the seitute), river. This action being in effect to determine who . and that he was not within the letter of the Act.— war entitled to the FB7O paid for such land, which • His Lordship alluded to the laws of the valuable mills,l money remained in Chancery. I at Wakefield, Leeds, and Settle, and various others- Mr. Serjeant FRERk stated, that the right of own- ! in the Duchy of Lancaster, the property of several ership in rivers where the tide flows, being arms of persons of the first families in the kingdom, but who. the sea, was prima facie in the King, but might be in would be subject to informations, or would be ree , ir.l subjects by vent or prescription ; that by a Charter ed to serve regular apprenticeships as millers, it this II of the 10th of Henry VIII. the river Orwell was de- defendant could be considered as within the meaning I dared to be in the liberty and town of Ipswich ; that j of the Act.—The Jury, which• was special, found a the Corporation had always received for anchorage verdict for the t!'efendant. , and ballestage on the ground in question, and that . WILLIAMS AND OTHERS V. EASTLAND. these were almost the only acts of ownership which I This, was a case of a Writ of Right,- an ancient I could be expected in such a property ; that their j form of action to recover the possession of lanes when , having the franchise was strong presumption that the tenant has had possession for above '2O years, and they hal the soil also. consequently an action of ejectinene will not lie. The After a great body of evidence, written and oral, Jury, who are called the Grand Assize, are composed , was gone into for establishing the right of soil and of four Knights, who elect twelve others, and the acts of ownership by the Corporation, Mr. Serjeant whole sixteen try the cause. The question joined in SWAN stated the defendant's case, who, he said, the pleadings is, whether the person demanding the claimed the ground in question as part of the Manor lands has a :renter right to have them than the per of Wiz Bishop, and which had been granted to him so i l in Fissession to bold them ? In this case the ac by the Lord of Obit Manor; he contended that the tion eves brougL: to recover some land in this county, Charter of the Corporation merely declared that it 1 and the demandant, a plaintiff, stated, that John East i was within their liberty, but did not give them the land, his ancestor, was seized of the land in question,' soil ; and, after observing very fully upon the plain- in his demesne as of fee, and that they ought to de. tiff's evidence, he called a great number of witnesses, scend to him. who proied the exercise of acts of ownership by Mr. Mr, Serjeant BesT stated, that he should put a Cobbold, such as receiving rent for timber laid on the . short en to the case by putting in an old deed, a hich ground in question, and his title under the Lord of would prove that John Eastland was not seized in the Manor of Wiz Bishop, Esc. ' fee, but was only a tenant in tail, and that therefore Mr.. Justice HEATH ably summed up the evidence, the present writ was wrong ; but he should have, declaring it to be his opinion, that the Charter of Isrought another ancient writ, celled a formedm in the' iliecander. He accordingly put in an old deed, dated Henry granted clearly the right of soil to the Corpo in 1713, by which it appeared that John Eastland was ration, and that the evidence of ownership seemed to only tenent in tail. The verdict therefore passed apply to both parties, and could not be taken much into account, as it was recent, and only during the ageinst the defaidant. time that both parties were claiming the property.— Lord ELLENDOILOUGH finished on the Civil Side The Jtiry found a verdict for the plaintiff. early in the slay. The Criminal Calendar also, very much to the cree CAMBRIDGE ; dit of the county, does not contain so many offences • Ay our Assizes, which commenced on Wednesday of great malignity as are usually fouel in the Calen se'imight, there was not a prisoner for trial, 'aut the der of this county. following causes were tried before Lord Chiet Jus- The Lord Caller BARON, who tried the prisoners, lice. Ma ssetwai who presided at the Niti Prism Court. made great progress, and most of the cases were vary & man V. PIGOTT. • short. This action was brought by Mr. Archer, as Tree- Mary Brill, ag ainst whom a bill foi murder W” • surer to the Commissioners n; Burnt Fen First Dis- i t h rown out , was - arraigned on the Coroner's Inquisi. trict, against Mr. Pigott, of Ely, to recover die amount : tion, foe the murder of her new-born bastard child.— of F-10, said to be due .to the Commissioners in ix. i The Inquisition, however, contained a fatal emir, count for taxes which had been received. It appear.l upon which she was acquitted, for it stated, that thel ed by the case on the part of the ,plaintiff, that Mr. l being pregnant of a new-born child, &€. The Learned I i Pigott bad been Treasurer to the Commissioners for Judge observed, that this was an allegation which ne- !twenty years, and that about three years since he ver could be made out in proof. streceeesied aso to the office of Clerk and Receiver. William Harris and George Lulan were indicted for ;It was at the commencement of the hitter office that a highway robbery, in forcibly taking from Henry 1 I ihe present deficiency appeared in the books, occa- Maggs a silver watch, his property. ioned by some arrears of taxes previous to defen- Maggs, the prosecutor, stated, that, on the 29th of dant's entering upon the office, and which he had May, he was returning from Westminster to Long placed to account of the former Receiver. As the lane, in Smithfield, where he lived. He stopped at respectability of all the parties concerned will not ad- a public-house in Kent-street; to drink ; he there saw mit the least imputation upon. their characters, . the I the two prisoners and another person in their corn only question was, whether the sum might not have pany ; they had some conversation, when tile priso been received by defendant, and omitted to have been - suer Harris made a snatch at his watch ; he desired platted to account ? Verdict !or the defendant. him not to do so again, and shortly afterwards left nitowets:o v. WILSON, the house. This was past twelve o'clock at night. This vels an action foe seduction, and was brought He had not proceeded far when they all three lot to recover damages for loss of service sustained by lowed him, and one tripped up his heels ; he cried the plaintiff, in consequence of his daughter's illness. out fur mercy. After they had rifled him they went On the part of the defendant no witnesses were call- away ; he was sure of the persons of the two priso ed, but..the Counsel made an able speech on the con- ners. The officer, whom the prosecutor had alarmed, duct 'of the plaintiff. The Jury gave a verdict for suspecting he knew who had committed the fact, the plaintiff, damages £l5. went to the lodgings of the prisoner Harris, and found . PaAIiLLN V. stew. him in bed with his cloaths on. They were both This was an issue out of the Exchequer to try found Guilty. ia:liether 40 acres of land, part of Hale Fen, were in Bufton White, who was committed on suspicion of the rectory of Whitcham or titheable parts thereof , . robbing the Glasgow Bank, was found Guilty of re -and consequently whether they were liable to pay turning from transportation before the expiration of tithes to the l.ssee of the rectory or nut ? The Jury 111 his sentence. He was convicted at the Session for retired for a lew minutes, and brought in a verdict Chester, and was fOund at large in St-George's-fields. tot the plaintid. The Lord CHILI' BM:0N inaillltaZeJ. that - as the ' prisoner had made some important enclosures with respect to the robbery of the Glasgow Bank, by which a great deal of property had been recovered, he should recommend him as a fit object of mercy to leis Maje . sty. Mary Milverton was indicted for killing and slay. ing Williem Bright, in the Borough of Southwark, the Ist of June last. The prisoner Milvcrton, it appeared, cohabited with Bright, and on Seturcley, the Ist. of Juee, she took from him 5 shillingsworth of halfpence, in order to redeem a shirt which was in pawn. He insibted , on having the halfpence back again, when a quo ;-el ensued, in which he beat her severely. She gave h m lack the halfpence, which tumbled on the floor, He insisted there was not the whole of then., and he beat her a second time. Upon which occasion a woman in the next ram heard him exclaim out, and fall upon the bed. When she entered the room, she found that the prisoner had run a knife into his belly, of which 'wound he shortly Le al. She admitted to the witne .> that she had done it, because he had beat her. The riveter was found guilty of manslaughter, and sentenced to four months imprisonment, and to be fined one shilling. James Mamley, a soldier in the Waggon Train, was convicted cf manslaughter, in killing Will: m Sum ner, at Croydon, on the 22d of June last. The de ceased, it appeared, was also a soldier in the Waggon Train. A party of them had been drinking together on the day in question, and were most of.them drunk. A quarrel arose between the prisoner and the de ceased, at skittles, which ended in a boxing match They fought four rounds, when the prisoner said he would give in, and not fight any more. The deceased, however, still continued to beat him—the prisoner ran away, but being pursued by the deceased, he snatchei up a broom, with, which he gave the deceased a blea that unfortunately fractured his skull, and caused hi-- death. , The Juryfouud, him guilty of Mamlaughter. • NOTTINGHAM • A carious cause came on for trial at the above As. slices. The pleintiff was Mr. Kenworthy, an opulent molester at Re.fiord ; the delendanta were Mr. Dickin son, a Magistrate for the county, and a person named Hurst, an ender la tiliti. The assaisae of which the plaintiff complained was made in the Subscription News-room, in Retfor', and was occasioned by the following circumstance : Mr. Kenwortby, Lieincnant Colonel Kirke, of the East Rethird Local Militia ( who is also a Magis. trate), and a young Gentleman of the name of Han nant, were in the coffee-room on :he 26th of March, when the dispatches from General Graham announced to them the bailie of Barrosa, in WiliCq the only son of Colonel Eyre (one of the county Members) lost his life ; which mistottune brought on a cotiversatiwn between the plaintiff and Lieutenant-Colonel Kit ke, when the former observed," that though our Generals knew how to fight, they did not know how to write English, and he wondered that Government should send out surliftlloser." This was spoken in allusion to an expression of General Graham, where he says,. de . we made a night-march of sixteen 'touts ;" th e plaintiff contending that such espiession w. s &nu.- right nonsense; because, said he, " the night did not consist of that duration of time." At this Lieutemineo Colonel Kirke displayed marks of chsapprobatioo, and said, in contemptuous manner. he would not con verse with the plaintiff any longer about the business. The plaintiff then said, gi D—n you, Kirke, this is not the first time you have slighted me; you refused to : lay a game at billiards with me the other day r yogi icaow me, and I uis make you resi.ect me." The COlonel replied, Ido not know you ;" which plaintiff knew, in the literal sense of the word, was false ; and in the act of leaving the room, said, its a passion, " D—n it, man, you iutend to trample tae under toot by your magisterial authority ;'any T/132 can be a magistrate with Je2oo a year.", To which the Colonel again replied, contemptuously, as it WAS endeavoured to be proved, "nu doubt, you ale a man of great courage." Next day the Colonel stuck up a paper in the coffee. room, soliciting a meeting of the subscribers to hear his charge azainst Mr. K.2itworthy, and determine thereon. Mr. Konworthy likewise stuck. up a piper to the same effect, complaining of the conduct of the Colonel. ' On the day appointed, sixteen of the s;.1!). scribers met, among whom was Thomas Dickinson, Esq. who was Chairman on the occasion ; ant they came to a determination, that Mr. Kenworthy.should be compelled, within a stated time, to sign a paper. beg.,ing pardon of the Colonel for having used lan gtecge disgraceful to a Gentleman; h w...c.. paper should afterwards be stuck up in the most conspicu. ous part of the room, and there remaia seven days; or that Mr. Kenwot thy should be expelled the room. These conditions the plaintiff refused to comply with; in consequence of which another meeting of the sub scribers was called, at. which Mr. Dickinson again, presided ; and they passed a -resolution to return Mr. Kenworthy his year's subscription- to hire a man, (•t• men, if occasion required, to prevent him from en tering the coffee room, or, if he entered, to turn him out by force ; and enter into a subscription to indem nify the pet son or persons, in point of law, who should exercise, or be made parties to such violence. T .f accordingly hi:ed George Hurst, one of the deieit dants in this action, to carry the violent part of this resuluOon into execution ; he, from his business, bein:; an adept in the art of clutching men by the collar, executed his order by turning Mr. Kenworthy out of the room the fist time he entered after the passing the resolution ; for which assault, and to recover reps. ration for his wounded honour, Mr. Ketiworthy wrought the action. The Jury, after half an hour's consukatiou, gave damages E5O. An action was lately brought at Oakham Assizes, against a person to recover damages on account of his dog having worried some sheep belonging to a neighbour. It appearing in evidence, that there were two dogs engaged in this predatory excersion, one only of which belonged to the defendant, his Counsel sub mitt-d, whether his client could be liable, as it was doubtful which animal was the criminal? The Judge held, tit it even if one was privripe/, the other was an ac cessory, and therefore both were liable. They were conjoint : trespassers, and therefore liatale jointly and severally. It was a remarkable circumstance, said his Lordship, but it was well known, that dogs agreed together to go 'out upon these marauding expeditious. Verdict given tor the plaintiff. _ _ _ Worn; are the most frecr lent sources of Childrens' disases. 'f li:ir symptoms every p:c eat and guardian of children should be acquainted with. They nccaskn loss of appetite, a paleness of the colnur of the lace, emaciation, and irregular state of the bowels, Atteli ded alter with violent pains ; they bring on convul sions, they affect the growth of the body, and they prove fatal, by enii:ig in a consamptioa or decay.— Both as a .ireventatiye and cure of these alai-min complaints, Chirg's Patent Irons Lesenjer is univer sally allowed, on the testimony of the highest chatac. ters in this country, both in rank and respectability, to have no equal. The public approbcion given to the Proprietor, from a personal knoWledge of its won 'derful success in their own famiiits, stamps its merit beyond competition, and gives a sanction to it, oi which no other medicine of the kind can • blast.— Parents and others who have the care of children. should have this reroedy as a family medicine to re.. sort to, whenever the stomach or bowels of ;bilker: are any way ciisorckred, which it will always bt found to relieve. 501 . .!, wholecile and retail, at Mr. Butle'es, N 0.4, Cheapsi de, corner of Patera...lth r.row, and retail by Belarn and Sharp, P. , rtsmou , h ; 4 and Ithnson, Gosport ; Alma, Weston, Mallory Jones, I'ortsea ; 'crewman, Ereter ; Cookwor-. thy, Glenville, Gil! - :ert and 1 - losland, Plymouth Ness bery,_ Dublin ; Baxter and M'Donald, Glasgows. Smith, Manderston, Scott and Cargill, Edinburgh i 3ruttwell, Bath ; Ross and Pi:ck, Hull ; Gregson and • Billinge, Liverpool ; Stains and Lynch, Man. chester ; Bowen, Norwich ; Knott and Lloyd, Bir. ningliam ; Gregery, Brighton ; and most Medii;ins Venders, in Boxes at Ys. 9J. and ss. 6d. each. atnacAmu,. Wednetdzy, at St. 11. LinfAver-Nuo re, Ekle , Ird E-q. of Lf.ttl:rsitou*e, Dorset, to Mary Elizabeth, oW.it I tuiever of Sir ki:hard Carr Glyn, !tart, of Gaon, tr sacoe county. (.1441)014 I'r-sited Ana ribUsitril Oy L:avtikitN r, , • _ Flukaseq-1•41•09d foS g 05,40•., TIDAS. 9J. A A