Star. — London, England, 1807-12-16 00:00:00

■ LAW INrui.taz.NCE. COURT OF KING'S BENCH. DUSLIN, DEC:S. - { • ft .cotia - r OF IliCaggyik Dt1.45 . 1)14 ze. muse: 7 14AVS1111611 o. H•CK ITT. , . LAsSit OF JOHN BYRNE, ESQ_ 9. AVIAN AND OTHERS. This Court has been occupied three days in the trial of this very important caufe, by a Jury of the County of Dublin. The trial of this caufe com menced on the 29th of Oelober laft, but was by the confent of the parties adjourned to the 2d inftant, in order that the defendants, the affignees of Edward Byrne, Efq. who had become a bankrupt, might have an opportunity of acceding to terms accepted of by the brothers of the leffor of the plaintiff. The fubjeft matter of it was to try whether a certain will of the late Mr. Edward Byrne. of Allen's court, in Dublin (who had realized in' trade a property ex ceeding half a million) was the laft will of the faid Edward Byrne or not, and which queftion was fent by the Court of Chancery to be tried in this Court. There were a number of witneffes examined by both parties, and after hearing molt able arguments from Serjeant BALI. and Mr. Duns, two of plantiff's Connie', and Mr. Goot.n and Mr. Buttron on be half of the defendants, the Lord Chief Plaice Dowses charged the Jury in a =ft clear and per fpicuous manner, and explained the law to the Jury, nrbO, after retiring from the box for about five mi. motes, brought in a Verdi& for the plaintiff, and of coxes asainit the Will. . sq. _ . , Mr. Campeau. opened the pleadings in behalf of the Plaintiff, who laid :.is damages at scoot. to re cover compenfation for the lots of matrimonial.com forts, in cenfequence of the fedudion of his wife by the Defendant. • Da r . Serjeant M‘Manom flared the. cafe at .neat length. He reprefented the Plaintiff's wiles originally \ a Mill Shaw ' as equally beautiful, amiable, and ea tomplifhed ; with thole Attradions (be gained the beart of his client in the year t yg7, and filled his affedions after ( he became. his wife ; their densellie felicity became proverbial in the neighbourhood o 1 Mecklenburgh Street, where they refided, through the frequent 'Mite of the Defendant at the' houfe, after an intimacy had arifen between the Plain tiff atsd him out of a trivial occurrence, the Plaintiff's !hind was at length, from the obfervatioa of flight circumtiances of familiaiity, inflamed into jealoufy, which caufed him to turn the Defendant nut of his boule. but not until after he difenvered that his wife and he were fitting tote ads in the drawing room. inset the door locked. The lock, however, yielded to the fligbtell tench of the hand, and he entered he raw 'the Defendant and his wife in a &nation atooi enough to add to the fufpicions be formerly con iceived, but not in any reined to convince him of any fpecies of criminal intercourfe. The Defendant Wrote him afterwards a letter of extenuation Yelped icg the fitting improperly in his lap s condemning himfelf for moll reprehenfible levity, but vindicating the lady's honour in the ftrongeft terms. It appeared, however, by the unequivocal teftimo. pies of three female Servants and an oppofite neigh bour, that the fa& conftituting adultery had been repeatedly perpetrated by the accufed parties. The defence was limited to a narrow princi. Ole of laW, which goes to fay, that the hufband who coedits at the profligacy of a wife, is not entitled to damages of the fmalleft denomination. FaEtsof this nature were alto adduced in proof. the detail of which, for obvious reafons, we fupprefs. The Plaintiff's Connie', bdbte more than two wit. nefrei had been beard, feemed to reiiiiquifis his aide; • The Jury were of opinion it was uiuseccifaty tss go further.. Thel.'!arned judge gave a eotielfe charge apeog-. bait% an unque ft ionable paw of law, and d educing an inference from the Defendant's letter or vindica tioni that he proved hisisfelf the dupe who laid hitn felf ;Teti to this anion, while Other paramours, more cautions, perceived the fnare that was laid for them. —The Jury Coded vardid for the Defendant With cofts. • .• • CONSISTOILY &DAT OF TI-lE BTEI I IO - i? OF LONDON, bOCTO&4 COMMONS, DEC. 1.5. - . leensts • • . In this, cafe a fait of divorce or reparation front bed, board, and mutual cohabitation, was brought by . George Dennis. Ettt. againit . 13111 wife, on the ground of adultery. Prom the Vrneeedingatt aft% neared, that tile hull and hadbrougba an action the Court of King's Bench agate* Philip, Dennis, (his brother) for the injtiry tie FFuuild reeeivsd in come: quence of the adulterous inteicourfe with.hii wife, the refult of which was a verdlet of :pool. The, li hel pleaded that the hutband left Deionlhire in Fefiritary 1797, for the purpofe of joining. bit regiment, that was ordered to Martinique ; that he embarked For that Ifland on the asth of Mardi following, and did not return from thence until tiloo ; that during his abfence Mrs. Dennis was brought to bed of a child, which was alledged mull have been born out of time. With ref Et to the time and the glace where the birth e 4 the child took place, reverel witneffes w aaami.• ned on one fide and the other,, the one de paki teat the child was born at.Glouceler, sae the other that ft was born at Abergirreetty . .. It was contended by the Learned Doitots, arguing on the part of Mr. Dennis (the hulband), that from the abundant evi dence produced in fupport of his allegation. the has of adultery were dearly eftablithed againtt his wife. Thefe charges were not only endeavoured to be re• butted on the part of Mrs. Dennis, by a number of witnelfes examined, but the alto preferred a charge of adultery with various perfons, againtl her hufband by way of rieerimination. In fupport of this charge there were likewife feveralytimeffes examined. After the Counfel were beard in reply, the Learn ed Judge (Sir WM. Scrprojfaid, that he fhould take time to coalder his judenent. t• '" ' • • - 41/InifiltV. SAVAGE. This was a fait irkitsftisl• of mart age; inllituted on the ground of minority, a licence having been obtained by falfely reprefenting the party to be of age. In this cafe the evidence produced being fatis Calory to the mind of the Court as to this point, the marriage was accordingly pronoucced to be null a .d void. 3...1 .1 COURT OF KING'S BENCH, DBC. THORNLY V. TWlllt. • l'sC This atlicn was to recover the value of two piece* of inperfine black cloth from the defendant. who is the proprietor of a waggon between London and Liverpool. The porter of the plaintiff proved that he delivered the package at an inn in Alderrnanbury, but no entry of it appeared in the waggoner's books, though the clerk in the office acknowledged its receipt in the agent's book. -• The Jury, in confequence, gave a verdiet for 'the plaintiff to the amount of the cloth, being 361. aucomran D. RUCKRR. Mr. Gaartow laid, this was an anion againft the defendant, upon it judgment figned againft him in the Court of Common Pleas, in the Bland of Tobago,. for the (urn of 20301. 3s. 3d. cnrrency of that Wand,' which amounted to 10151. Is. 7d. Reding. die bad. nothing to do but to prove the judgment, and then' be entitled to a verdid to the amount. Mr. Young, a gentleman of large fortune in the' Wand of Tobago, many years refident there, but now' of London, proved the Seal of the Hand, the figna• ture of Mr. Pigott, the Chief Juliiee of the Wand, as well as that of his Secretary and of his Deputy Sc., cretary, which appeared to the judgment. The ATTORNIT Gam KUL illblelUtd, that this cafe had been nothing like made out for the plaitnit, be. caufe it did oot appear that the defendant eler had , any notice of this action having been cottmenced again& him in the Ifland of Tobago; the only notice which appeared by the pleadings to have been given to him, was that of a copy of the Declaration being nailed to the Court door in the Ifland of Tobago, wherein it did not appear that the defendant ever was raider', ; for the proceedings defcribed him late. of Dunkirk, but now of London; nor had he any. agent in the Ifland. He fubmitted, that tome proof Osould be given of the defendant having had tome (tart of fervice of this procefs, before he could be liable in a Britilh Court of Juftice upon any demand. Mr. Young laid, that the cuftom was as had heti; &he in this cafe, as far as he knew it; but he was Wit a profeffional man. Lard Eta.ansortonco held, that this was entirely' inlinelleidtt as a notice; and if it were conformable to cuttomat would be a queftion whether it was fuffi• ciently terafonable to be fandioned in a Bf ICA Court of ;~ttttiee. Aire the defendant had no refidence, nor did it appear he ever had in the Ifland of Tobago ; ' bad no agent there. If this judgment was conclufive, any man wbo happened to have any conneeions or ensagemenU in any one of the Weft India Hands might have an anion like this hi ought againfl him, and have a judgment entered up behind his back. This really would not do. The plaintiff mutt be called.—Plaintiff Nonfoited. • . MONDAY, DEC. 14. LORD IRIDPOILT 4. J. M. HOWE, REQ.:, The Defendant refides at Wifccanbe Pa► k, Devon, Mr. Mesmer Elated, that this was an adion on a bond of the 16ih.of Odober, IE)3, with intereft to commence from the aotb of January following. The penalty was 12,0001. on tbe condition of payment of half that amount. Upon a writ of enquiry, the Defeat:Lint had (offered judgment to go by default. The Learned Counfel Paid, that be did not go for the whole amount, various films having been paid in part difcharging the ►ond. The film claimed was 43301. 135. 6d. for which, after the neceffary proofs had been (applied, a verdii under his Lordthip's di. ration was in the fequel given. JOHNCH•RDWILL V. JOHN M•RTIN. The Plaintiff is indorfee to a bill of exchange of which the Defendant is. the accepter. The bill is dated the ijd of June, arm payable in three months. The ATTORNEY 'Mitsui. laid, that:the defence i to be let up was, that there had been an alteratiou .in the date from the 3d to the 23d of June. On the 3d 'of one the acceptance was given to Giles and Co. and en the fame day, Giles and Co. delivered to the netehtlant their acceptance for the like'amount, and pf the bee date, payable at 85 days.' Co that the aenditd. on ith- accommodation bills, would be pot in calls before counter bill became due.— Melt and Co. did not negociate their bill until the 23c10f June.; and their objea being to gain twenty dayi time, they altered the date to the 23d, giving notice to the Defendant of the variation, and clearing him to make.the fame change in thi correfponding bill in his polleflion. Lord Ei.i.wisolotion enquired whether a fieth lbuinp was obtained. Tlie ATTORNEY GENERAL replied in the negative, lidding that there was no cafe on the books in which ti new Ramp had been required, if the alterations were made before the bill was put into é courfe of fiegociation. Lord ELLEN/301000u =taunt help thinking that each hadvefpeEtively negotiated the tall by the ex change oi the bills, each patty thus obtaining.a vet ted interek, . The Ainiiaav Gansanr. anfwered, that cedilla the bill with a power to negociate ; but until it went out into the world, neither party milt claim upon the other. Lord Et4amaciatiuc ri raid, that the ene bill being due bawl the other, a caufe of aEtiun would aril at the maturity of the Prior bill. The bills werk mitstal confederations for each other, and his Lord • 'Tip did not think that the one party could oblige the other to rercind the contra& He believed the only cafe of an altered bill, in the material parts, which was permitted lobe effeeual, came before Mr. lattice Le Blanc when he fat for Lord Kenyon. Mr. GARROW (aid. that in Mr. Serjeant Bayley's book upon bills of exchange, page 24., was ilated the cafe of Wilfon v. inflict, which was that of .a bill in which the date was altered by the confetti of all the parties, from nine months to twelve months ; yet, as there was no new Ramp, the party was nonfuited, ~the Learned Judge thinking a new Ramp indifpen(a ble. Here the date was altered without the knoW ledge of the Defendant, although he did admit that his client had notice afterwards. .^ " • Lord Ettststosounn i hkrired, O a t rO o n e tt e d a' cafe' of alteration, where a iniflake wai , emceed !strive the bill was parted with. The cafe under Mt. Juflice Le Blanc went a little further, but it never came before"the Court. The ATTORNEY GENERAL raw, that !.e could prove clearly the fub:equent agent of the Defendant. Lord ELLENROROUON remarked, that a motion might be made to lei aide the nonfuitesuid enter -- • ' vertu fit that Plaintiff r • but that under the eircunt• 1 fiancee now he fhould- dired a confuit.—Plaintiffl isonfultei. '.- ' - - • I " ' • ' • i • • • • wut.mst.sv V. IVIttV. . 41, The Plaintiff is the forviving partner in the firm of Peter Wallis and Henry Wahnfley, of Muncher. tet. The Defendant is a merchant and underwriter in London': • This adion was brought for goods fold and delivered, amounting to r 231. • . -- • Mr. Tomato, for the Plaintiff, raid, that In May. s Bo+, the goods in queflion were bought by the agent of the Defendant, Mr. Statham, of Hardwicke, Lan• cafhire, againft whom an adion had been commen , ced, ender the fapprifitinn .that the agent was the principal. The iLearned Counfel Would produce a bond, in which the Defendant engaged to be anfwer ship for all colts attending that fuit, and fitted that thefe goods were purchafed on his account. The bond having been put in and read, ' • Mr. Pattay•for the Defendant, admitted that Mr. Statham hadheen the agent of his client, and had been indemnified in the manner recited in the bond. Islotwithfianding thefe circumliances, he had a com. plete anfwer to this cafe, and it was this—Altho.ugh ,Statham was the agent and Wiley the principal, yet the Plaintiff had fettled with the former by taking hit bill i and the Plaintiff having thus given a hell credit to the agent without the knowledge or con. cartincelof the principal, the principal was Ail: Airged. The witneffes were then called, to thew that the account had been licniclated by bills of the agent 'payable to the Plaintiff's firm. - Lord ELLsascutoucH raid, that this was an abor• tive fettlement. In the ignorance of who was the real party, the bill was taken of Statham, and was difhonoured. Afterwards the real buyer was difco• vered. To render it a good fettlement by the agent, the Plaintiff mull have had full knowledge of the agency at the time he ele&ed to take Statham as his fecurity.—Verdid for the Plaintiff, 1231. COURT OF COMMON PLEAS, GUILDHALL, DEC. is. HALL V. ram. This was an anion brought by the Plaintiff, a mil liner, in the city, againll the Defendant; a young lady, the daughter of the mon eminent Spann mer. chant in this kingdom, for 25). the balance of a bill for goods fold and delivered. The circuntflances of the cafe were thefe : The Defendant had been dealing with the Plaintiff for lineal years, had always paid honourably and regularly until about nine months back, when tome unfortunate difpute took place between her and her father, when the was obliged to leave his paternal roof, and take refuge in a nunnery in Nor folk. The Plaintiff applied to the Defendant's father for payment, which he refuted, and Plaintiff, with reludance, was obliged to bring the preterit at againß the unfortunate young woman. Charles Evans proved the delivery of a white tip ' p t, price three guineas atiel.a half. Mr. Wild proved the delivery of a velvet band, with gold net, price gs. 6d. James Spilibuty, the book keeper of the Plain= tiff, proved the delivery of the bill, amounting to 251. On crofs-examination, Paid, the whole credit was given to the Defendant ; he was prefent when the made a payment of tol. to the Plaintiff; he remem bered Defendant dealing with hie mailer 16 or ry years. She was only 11 or 12 years of age wiles the firft came to the mop ; the then lived with a Mrs. Ball, in Tokenhoufe Yard. Mrs. Ball generally at- tended her ; the paid every week before the became of age ; fuppofed the mull be twenty (even or twenty eight years of age ; latterly the was always attended by a Mrs. Trotter. Mifs'Scott depofed,ete always underftood the De fendant dealt on her own account. -Serieant SHIrIIRID, for the Defendant, aiked, was ft cullomary for - trAdermen to entruß the children of gentlemen on their own account ? It certainly was not. - He allowed it was ufual to put down in their boot* the names of the perfon or child getting the articles,but at the fame time they locked to the-father ' or head of the family, as the refpo ofible perfon . —. Upon a perufal of the Defendant 's ledger, it would be leen that ladies' names were at the head of their accounts. Would it then be Paid that their bufbands are not accountable ? The Defendant, on account of fome unfortunate difpute, was obliged to leave her family, and retire to a convent. Was it not extremely fevere, that when retired from the world the thould be forced into it again, be fried and arreßed, which adually was the cafe ? Surely the father was. - tbe proper perfon to fue. He did not doubt but be 1* the Plaintiff to rue this unfortunate young woman., for the. father, who, in opulence, would turn his only child oat of doors pennylefs, muR be bereft of that .prineiple, that feeling, that humanity, and that affec tion, which make man an honour to the human race. He felt, from his foul, for this unfortunate young Woman. He was fare the Court, the jury, and every petf..n around him, felt with a feeling that did them honour ; not with that kind of feeling that could make a father diive his offspring out of doers ' and bold her out as a public fpeaacle to the world. Was thlattofortunate young woman to be dragged from s tir peacerul convent to a dreary gaol, there to pals the remainder of her unhappy days ; for it was not to be fuppofed the father would releafe her. If fuch Were his intention, he Would not have allowed this anion to have been brought. The Defendant was. miferably poor—not worth a groat ; her father wars rolling in affluence—why not fue him ? He trufled be would prove to the Court be was refponfible. Mi.. Perez, the father of the Defendant, being (worn, LORD CHIEF JUSTICE - " Will you ply the debt And cods ?" . . , Witnefs+g4 NO.". ..1 Berjeint Su s r tan—" Is the riefeedint • .7cor daughter P' . _ es . 9i • 14 ' thtv lorlg . (ince the left your boUra ?". " She left it in '48c.6.", Witnefs:was pioieing to' She of the • eaufe, *heti tbe Lord Interitpttd him by obarving It 'Wit Mot neceffiry for the Court to kdovedie nasturtothis fa mily affairi. • •fle just Sns)ranats-sL" Dicl . the Plaintiff apply to you for the amount of his hill!' INlttnehAs" He Vote to me." • " red lig;•ru tell him to bring the prefent ac , gicio fs.• ' • 'Witners . :-. 44 i.did not ; Elfrfent him word he might do &site (Merited- 4 ' gi Is flirt Mrs. Trotter yaw fervant ?" Viritneftz—' l 4 She is not ; the is a friend, and has the care of my hook." • " Did ndt Yon think yonrfelf refponfible for the debts-of yourcfaughter?" Witneft"--1 4 4 I did not ; I allowed her a yeArly Aipend 'to fa:lurk hetfelf with drefs." " Have you eve[' paid any debts for her?" 1 01ritnefs-" hare ; "bat not lately." The Lotto CHIEF James remarked to the 137 . 7, he was forty he malt dire& them to give their verdiM for the Plaintiff, as in law the father c"uld not be made refponlible, and h was but teafonable the Plain tiff liould be paid by &me one. Verdiet for . the Pfaintiff. ;51. and cons. Yefterrify the Lone Maros ordered tbe price of bread to be continued at told. the quattern loaf of wheaten, and 91d.houfehold. Wasrminsree SCHOOL.—The third reprefentation of the It archer took place on Monday night, and the young Gentlemen bad acquired additional mellOw• refs in their parts. The accuracy with which each repeated the words was uncommon, but the diain• guifhing trait was, the julinefs with which eh. phatic words and paffages were marked, and tke Aria propriety which appeared in the correfpondence of looks, gettures, and, in fhort, of the whole action and tone of voice with the fenfe of the author. The Epilogue was Riven by 7 Irreo (Mr. Pechell). Mir, Gnarl* and Pythiar. It is a well pointed fatire of the fifbionahle metres of the times, fueh as the affectation of tafte in the building and furnifhing of houfes, and the nakednefs of the Nose vi ta*: &Lel opus VI." AFFAIR OF Honnue.—Early yeflerday morning a meeting took place in a field adjoining Chalk Farm. between the Hon. Mr. B.— and Captain W—. The combatants qnarelled at a coffee.botrfe in Mount erect, Grofrenorlquare, where a pugiliflic conceit Caned. Captain W. beat two antagonifts in a very (evert manner. A challenge having enfued, the parties before mentioned met, accompanied by their feconds, when the difpute was amicably adjuftcd, and the parties returned home good friends. Boxt so obflinate pitched battle for so guineas was fought yefterday at Newington, between Bonney, a coachman, and Appleby, a brewer's (errant. The contett was the refult of a fquabble between the par ties in Covent Garden, on Monday, when each flopped their vehicles, gave a flight proof of their pugiliflic powers, and the totisnamere was adjourned until yefterday, when the money was flaked in the ring. The combatants were attended by profellional feconds and bottle-holders, and a (harp contefled battle of 24 rounds in 4.0 minutes enfued. It was .a ruffian-like fight between determined nnvices, and it was nsoflly in favour of Appleby, until he began to tar it, within Eve minutes of its termination. His adverfary, on witneffing this alteration, won the bat tle in high friths, although he was the molt beaten. A poor old woman, on the Brilla road, was found yefterday fe'nnight almoft frozen to death, by the way fide. She was conveyed to the firß houfe, and by the well meant, bnt imprudent, humanity of Come cottagers, placed dole to a warm lite. She, of murk alma initantly died . — lf a limb that has been chilled with cold be brought fuddenly to a fire, a violent conflit follows in the part, and confequent pain; and, by the too fudden reflore I salon, a mortification is prodoced. But if the limb be put into crld water (or water with a little (now or ice put into it) rubbed, and gradually exalted to the ofual flan. dard of heat, it may be preferred ; for the action is gradually reamed, by avoiding that fudden tranfition from extremes of temperature, which nver fails to deftroy the organization of the limb, if not the fife of the patient. The following extraordinary robbery was com mitted at Liverpool on Wcdnefday morning left. The London mail coach having arrived as ufual early in the morning, the parcels were carefully de. pofited itt the coach office; but when they w .e afterwards examined previous to their being deli vered out, a box, containing dollars to a large amount, was miffing, and could not be found after the molt diligent fearch. No traces of vi .lence ap peared on the door, nor did the lock, on being mi nutely.infpelted, appear to have been picked. 'l'wo perfons are already in coßody, on fufpicion of being concerned in this audacious robbery. Siterritto.—As this exercife is much praBifed in Scotland, one of the Edinburgh Papers has made the fingular propofal, that for the accommodation of the Skaiters, an extenfive meadow near that town &mild be floated during the winter. The ice on tilis meadow, it is fuggefte.:, would have the great advantage of being capable of fisccelfive floating. when it grew rough, or was covered with fnnw. The fame Paper makes the following obfervations: Many bare been wittier. to the merits of the Gentlemen of Edin burgh, as Skaltent Their ftyk is In fome degree peculiar to them• (elves, and unufnally happy In the qualifications of cafe, grate, and agility. It has invariably been remarked, that ftrangcrs have been outdone by them; this was pleafingly exemplified four or five years ago, when feveral of the Hilt Makers on the Serpentine ap. pared on Duddiegitone, and, as it was underttood, fairly threw down the gauntlet. Their manner was different, tut on the whole decidedly inferior ; the 1110v/CMCIVA of the Englifb Shatters are all a Crates of tricks, abrupt and rotatory, and altogether deficient In that breadth (ta ufe an artiirs term) that grace of attitude, and eafy (weep of the outedge, which evinces a command* at once of the weapon and the field. Monday fennight, the houfe of Mrs. Triftrans, a reit:sellable old widow lady, at Redbridge, Hants, was broken open and plundered, by two villains, be. tween the hours of one and two in the morning. One of theta, malked, went up Hairs, and entered the bed room of the old lady ; but it fortunately happened that a young woman lay in the fame room ; and the villain going . up to her bed, inflead of Mrs. Trif tram's, the girl became alarmed, and called to her fellow fetrant. who was in an adjoining chamber upon which the villain gave her a violent blow on the head, with a large flick : however, (he did not defift, and the other (errant heard her, flew to the window and alarmed Come of the neighbours, who Imme. diately came to the !inure, and (earthed for the rob bers, but they had hallily decamped, leaving their mafks behind ; thoughinn before they had plundered the 'lnure of a qtrantitf of plate, and a very valual)le old family gold watch. They were traced throu.th a deal yard to the road leading to Reading, but have I not yet been deteSed. .1