Star. — London, England, 1809-07-01 00:00:00

ArAI 7 ,IL lATELL IGSVCE. PLYMOUTH AND PLYMOUTH DOCK, JUNE 29. Arrived the Gambier hired cutter, from Ports tnouth.—Sailed, at four this morning, the CIESAR, of 80 guns, for Portsmouth. The signal was shortly afterwards hoisted on Maker Tower, to recal her, and has been flying nearly the whole of the day, but she teas too far gone to perceive it.—The DRYAD sailed this day for Portsmouth, but was recalled by signal, and is now anchored again in the Sound.—Also sailed, the PILCHARD schooner, for Portsmouth ; and the Goi u sloop of war, with about thirty sail of victuallers and merchantmen under convoy; the former for the squadron under Admiral BERKELEY, and the latter for Oporto.—Came in the Duke of Clarence transport, from Deptford, last from Ports mouth; American brig Dragon, Captain Dolan:, from Philadelphia, with flour for this port ; Swedish ship Eleanor Charlotta, Captain DACKTROM, from Cadiz, last from Bristol ; BRITANNIA cutter, from thewestward; Russell, Capt. LOA DEX, from Limerick. I'a_-ed down the Channel, a frigate, with a fleet under co,:voy, for Lisbon. PORTSMOUTH, JUNE SO. Arrived his Majesty's ships VENERABLE, from the Downs; PALLAS, Tnms, RAVEN, SPRIMITLY, and D AI GN-G, from the westward.—Sailed his Majesty's ship FISGAIID, with dispatches to the Eastward.— Wind W. DEAL, JUNE 30: Arrived the ROYAL OAK, of 74 guns, from the Nore, and passed through for Portsmouth : CLYDE frigate, Commodore Owts, from off the Coast of France ; Ceres, MURRAY, from Rio itneiro ; and Walker, ROBINSON, for Cadiz.--Wind S. W. SHEERNESS, JUNE so. Sailed the MERCURIUS and AGGRESSOR, with a con- Sr .y for Gottenbti rg.—Wind W. YARMOUTH, JUNE srN, Sailed the CHAN) ins,ul with ships for Archangel, and the Vixen gun-brig on a cruise. The Censor yun-brig has scat in three sloops (:nerchantmen) and a Dutch privateer, cut eut'of the Ernms by her boat c. —Passed by this morning the homew.•rd-bound East country ships, under convcv.---fa the Roads, the Rcbuck, Mars 74, Defence 71, Britornart and Red breast. LLovn's GaavtszNn, JUNE SO.—Arrivtcl the Prrwt, Britten. frnra CibrA!tar; and Lord Dunlie, Lowe, fromAla.7.;:ira.—Sailed the Minerva, :".2'Cauley, for ALica ; Roc;:, Ray, for Ci!)raltitr ; and ;anus, Brown, for Cadiz. 1.F.11 - 11, JUNE C 7. The privateer Lovett, prize to the TAbot, arrived here on s.inday last ; she was taken off Arunclabl, in Net way, having beer. culy four hours out—two Danes were left on hoard, and an nfficer and two men were put on board from the Talbot.to navigate her. A few days after parting company, the tw6 prisoners made an ineifectual attempt to retake the vess:•l. The prize-master being hclaw, and one of the sailor& at the helm, whilst the other was on the forecastle taking the sun's altitude, a Dane cant• behind the latter and threw him overboard; the man at the helm imme dis..tely ran forward and made a blow at hint with a billet of wuod, which the prisoner avoided, and made a stroke at the sailor vnth a hatchet, which severe!: wounded him on the shoulder.— The prize-masser hearing the noise, came on deck; seeing one of his companions in the water, and the other struggling with the two Danes, who were attempting to throw him overboard also, sprang forward, and made so good a use of a large piece of wood *at the prisoners were soon forced to surrender, and properly scared. The man thrown ovens' oard being an excellent swisumer, was picked up without sustaining any material injury. LAW INTE IG ENC E COURT OF CI.. , .NCERY, JUNE 30. FIELD v. RYAN. A case exactly similAr to that of the late Lady Strathmore, with respect to the forcible means had recourse to, in order to induce her to assign over her Foperty to her husband, was yesterday brought be fore the Court. The estate is in Yorkshire, and the compulsory deed was signed in Flanders. Mrs. Ryan it now dead, and the family heir-at-law sues for the recovery of the estate for the surviving husband. The CHANCELLOR granted an injunction, and di :scted an issue at law. itX)URT OF KING'S BENCH, JUNZ 30. NRALE v. CONANT, ESQ. Mr. P attKZ,for the plaintiff, said that this was an ac tion to recover damages for false imprisonment. The plaintiff, he sad, kept an Annuity Office, at No. 8, Lower John -street, Golden-square, in a house of his own, but he lived in another house of his at Knights !-,r'dge, called the Annuity Bailk. The defendant is ne of the Magistrates at the Police Office in Marl ;ioriugh-street. Mr. Neale was a.money-lender, and by some means or other became acquainted with a Young lady from \Vales of the name of Divis, who hting embarrascod in her affairs, Mr. N24e became her boil for £l7O, all of which he has since had to pay ; and that she miwiit be out of the way, he 7ave her apartments in his house in J. ,lm-street, and kept a maidservant to wait on her. Here she became ill in the month of October, ISO% on a Saturday marti . !riz. In that month Mr. Neale was astonished at two Officers. f, cm furlborough-street come to I :int, and tell him 11._• must go before the defendant, for that this Mis-• Davis haLi been screaming and dal-ming the neignourhood. On the Monday the Officers came again, but he refused to go : - .'•ithem, as they had no warrant. They threatened :iraiz; him, and when he consented to go with them, y would not allow him even a coach. At Marl . 7 , .:oagh-street he was two hours confined, until - he i)!1•1.1 COCK AIME, the plaintiff's attorney, proved the :rvice of the Writ, &c. upon the defendant. h..`r. Crisp proved the corniag of the Officers to '4lr. Neale's, and that he refusr,d to go with them, as `hey had no warrant. He said he never knew Mr. '•mle to sleep at John -street, but alWays at Knight's- I'•,cn his cress-examination by Mr. GAnnow, be • - •`c that he was only at the a lice of Mr. Neale in the •.,:y tune; that he sometimes heard Miss Davis scream it on the landing-place, but that victuals was regu -I.:rly sent up to her at meals. He was never in her :.i, but understood it was properly furnished. ; iivre was an old nurse used to come to attend her. • -.•:.! a medical gentleman, a Mr. Bacot, who also at • . - ..!ed her. \nn Obborn, the servant that lived with Miss Da • .:t.:ohn-street, swore that she had as much as any ••• ii is "ic land could 7..ish, nor was her bed destituti. ! About ten days before the Marlborough - she left Neale's service on account of :. Z• .;;Lir ; but on Sunday, the day before Mit. Davis *as taken beim the Magistrate, she was taken back by Mrs. Neale, and she then found Miss Davis's apartment as she had left it. She said Miss Davis was much addicted to drinking, and that she would have torn her to pieces if she had not procured her liquor, for which purpose she would make the witness take her clothes to pawn when she had no money ; but her master used to forbid her. When brought before the Magistrate he would scarcely hear a word Mr. Neale said. Miss Davis was asked if she had any complaint to mak, against Mr. Neale when she replied, " No." On her cross-examination, she said she had lived a year and a half with Mr. Neale, and that Miss Davis lived in John-street about nine months. Did not know how Neale became acquainted with Miss Davis r she was very handsome, and was allowed to walk out when she pleased ; that she used to be so intoxicated that it was a hard matter to keep her in the room. At those times she used to rave about Mr. Neale coining to murder her with his pistols. Mr. Hunt lived opposite Neale's house in Lower John street ; he' frequently heard dreadful screams from that house, but could see nothing till that night when the constables broke into the house, and he saw Miss Davis, as he' afterwards understood, quite naked at the window ; and when the men got to her, he could see as if they were covering her. He went to the Police Office, and heard Mr. Neale speak rather short to the Magistrate. On his cross-examination, he said the cries were like labour pains, interrupted by violent shrieking. Such a spectacle as Miss Davis was, when brought to the Office, he said, GOD forbid he should ever see ; and he had not the smallest doubt that she was the gay young creature he had seen some months before coming there in her chariot. Kennett, clerk to Neale, said he had been sent by Neale into Wales to subpoena Miss Davis, but could not find her, and her uncle bade him quit his house, for if he staid there for ever he should not see her. Mr. Gannow made a very impressive and feeling address to the Jury, and said that his client had not only not misconducted himself, but had so acted, that if he had done otherwise in such a case he would have ,1e served doe severest punishment. Who and what Miss Davis was no one could now tell, or how she had become acquainted with Neale. A young lady, exquisitely beautiful, driving about in her chariot, be came his inmate, and what was the consequence ? The humane protector, who had supplied her with every necessary, but who, when she was in the most dis tressing state of mental distraction, left her locked up alone, without food and without clothing. She was taken away to St. James's Workhouse, where for some time it was thought that her life was, as well as her senses, irrecoverable . She was restored to bodily health by great care, but her mind was gone. She could not be called as a witness; she could therefore make no charge against Neale. The Magistrate had properly bound her over to appear, thinking and hoping she might recover, and tell the .tale of her misfortunes. She was now not only out of her mind, but she had lost her sight. As to the cries that she uttered against Neale, it was true that the servant Osborne had not seen the pistols ; but they were not the air-drawn dagger of Macbeth, the imaginary creation of a tortured and distracted mind. He had pistols, fo- when the constable went to take him, he drew a pistol, and swore he would shoot him. Mr. GARRCW was observing very strongly upon the strange conduct of tl-e gross inhumanity of Neale, when I-crd ELLENBOROUGH requested to know whether he could shew that a proper warrant was granted ? Mr. Gannow apologized for permitting his feelings to lead him into a wider field of observation, than the defence of his client required. He said, however, he should provide him with a strictly legal defence, and if he did not, he should insult an English Jury, to say any thing o f the amount of damage!, which could be only nominal. For it was of the first importance to the police of the Metropolis, which Mr. Conant so ho nourably and so ably directed in the District of Marl borough-street, that when a person having a frantic female in his house, permitted the neighbourhood to be disturbed, he should be called upon to give some account of his conduct. Gregory, a constable, proved the breaking into the house in John-street. On hearing Miss Davis's cries, and finding her naked, he searched for her clothes, hut found none. exc-or an old flannel bed gown. lie proved that Petterick, ailther constable, had got a warrant from Mr. Conant, to .apprehend Neale. Mrs. Hunt and Mrs. Biackmore, corrubOrated the statement of Mr. Hun: ; and Mrs. Lion, Matron of St. James's Work.house, proved the debilitated state is which Miss Davis was brought there ; that she be came blind , there ; and that while not delirious, but apparently under the conviction that her end was ap proaching, she cried, " Oh ! that villain, Neale ; it is through him that lam reduced to this." She did not think Miss Davis at all addicted to drinking. Petterick, a constable, proved that he had a war rant to apprehend Neale, who threatened to shoot him. and he had a pistol in his hand. _ _ The Looks of Marlhiorough-street Office were then produced ; and Gregory's infumation, whereon the warrant was issued, was read. The warrant was then put in evidence mi.( read. The examination of Gre gory, sworn in the presence of Neale, was then read, and also the minute of Neale's answer, in Mr. Co nant's hand-writing. _ _ _ Neale stated in this examination that Miss Davis came willingly to his house. He said " what is the end of all this ? I will answer no quqstions." He further stated, that he did not deny she was found in that state. He left her so at ten o'clock. She came to his house with her own consent. Mr. PARK here interposed, and said he could now justly yield to the feelings of his. friends around him, because the Defendant had made cut a strict legal de fence. He should, therefore, be nonsuited; but if there had been no warrant, or no examination, he should iia.ve addressed the Jury, although he knew he could not demand heavy damages where a Magistrate acteA bona file, although he might act erroneously. Lord ELLENBOROUGII said, it could never have been I case for more than nominal damages. If, however, !trough motives of feeling, the Magistrate had acted xithout a warrant, he should have directed a verdict lainst him to carry costs. He WAS happy to find vlr. Conant had acted with so much caution. The agreeing to be nonsuited, he should not make • obset vations upon the cast. -- The Plaiutiff was zierefore nuniuited. COURT OP COMMON MIA JUNE 30. BERTHCCMIER V. POND. This was an action for scandalous words, and the damages were laid. at 42000. The plaintiff was a teacher of the French language at Eaton College, and the defendant an apprentice to a hatter at 'Windsor. The action was brought more for the ♦indication of the plaintiff's character from the charge imputed to him by :he words in quesion, than for the recovery of damages. Many witnesses of the highest respecta bility appeared in favour of the plaintiff, and no jus tification of the words was attempted. The Jury, which was special, foundaiverdict for the plaintiff.— Damages 4.05. WAKEFIELD v. CHARLES. This was an action on the case, for a breach of co venant, against one of the sureties of Saunders, the late proprietor of the Riding School, in Tottenham street, Tottenham-court -road, formerly the King's Concert Rooms. Saunders had covenanted to put the roof in tenantable repair, and to give up, at the expiration of the term, the premises is such repair— reasonable allowance to be made for the use of the same. To this covenant Charles was one of the sureties; and, as such, against him the present action was brought. Young, Watcock, Hall, Gago, and several other carpenters, stated, that £360 were ex pended by Saunders ; but it appear6d, in cross-exa mination, that this sum was laid out in converting the Concert Room into an Amphitheatre, for the ex hibition of equestrian performances, and not in re pairing the premises. Several witnesses we're called, on the part of the plaintilL to prove the state in which the premises had been given up to Saunders, in 1807, and the state in which they were restored in 1808 ; by which it appeared, that various articles of furni ture, forms, the orchestra, the chains by which the, different chandeliers were suspended, the window shutters, lamp-irons, brackets, &c. &c. were not forth coming. Verdict for the plaintiff—Damages 2001. being the amount of the penalty in the bond. COURT OP EXCHEQUER, JUNE so. BRANSCOMB V. WHITS. The plaintiff and defendant in this cause are pro prietors of stage coaches on the Deptford-road, and tile action was brought for the value of a horse which was alleged to have been killed when the coaches got entangled upon the road, by the defendant's negli gence in driving. Several witnesses swore that the defendant was the cause of the coaches coming in contact, and that the plaintiff's horse was struck by the pole of his coach. On the other side, five passen gers who were in and upon the defendant's coach, swore, that his coach, which the defendant drove himself, was before the other on the road all the way from Deptford, and that the plaintiff's driver was whipping his horses furiously to get before it, and drove the fore-wheel of his coach within the hind wheel of the defendant's ; that his off horse was never touched by the defendant's coach, but was immedi ately seized with a strong shivering, and in two mi nutes fell down and expired. They also deposed, that the plaintiff's horses were not in so good condi tion as those, of the defendant, and consequently could not be expected to pull so well. The 'Loan CHIEF BAIiON stated, that there was a contradiction in the evidence which was given in al most every case which came before them where horses were the subject of action ; but he thought the defendant's witnesses, in the present case, entitled to more credit than those of •the plaintiff, because the former were passengers, and the latter the plaintiff's servant, and others who were not so likely to know the truth of the accident. The Jury deliberated upwards of two hours, and returned a verdict for the defendant. . OLD BAILE r. Yesterday twenty prisoners were tried, two of I whom were capitally convicted, viz.—M. Powell, for stealing 340 yards of gingham, the property of 'J. I Ingham and W. Brown. William Jones, alias Sinclair, alias Sell, was indicted I for feloniously uttering as true a certain draft, pur porting to be the draft of one William Morgan, for £47 3s. 6d. upon John and Alexander Anderson and Co. Bankers, No. 17, Philpot-lane, London, on the 9th day of May, lie well knowing the same to be forged and counterfeited, with intent to defraud Tho o mas Fairfax, or the said bankers, of the same. Thomas Fairfax, a publican, in Stretton-grounds,) Westminster, stated that the prisoner lodged in Hisl house, and got in debt with him to the amount of sixteen shillings, but not wishing to trust him farther, he requested him to discharge the account, which the! prisoner promised to do on the ensuing day. On the! 9th of May, the prisoner came to 'the witness, and! tendered him a draft for £47 3s. 6d. as specified in the indictment, saying, at the same time, he, the wit ness, need not have feared his ability to discharge his debt. The witness said he had not the full change, as he had that day paid his brewer. The prisoner replied he only wanted seven or eight pounds, and if he would let him have that sum, he would return in the morning and go with Wm to receive the amount of the check at the Bankers. Witness said he had but a few shillings, and at the prisoner's desire lent him thirteen, he leaving the draft in witness's hands, and promising to call on him the next morning to ac company him to get the cash for it. The prisoner,how ever, did not return according to promise, and wit ness went to the House, of Anderson and Co. to ascer tain whether the draft was a good one, when he was informed it was a forgery ; in consequence of this in formation, he sought for and apprehended the pri soner. The forgery being proved, the prisoners in his de-1 fence stated, that he had found the checque near Hat ton-Garden ; that he could not, /..om the smallness of the sum received, be supposed criminal ; and that he merely wished to leave the checque in the hands of Fairfax, until its value was ascertained. The Jury found a verdict of Guilty--Death. • The prisoner, though shabby in his appearance, had evidently received an education superior to men in his apparent station. James Ayres and William Robinson, two lads, the one seventeen, and the other nineteen years of age, were indicted for the wilful murder of William Dor mer, on Sunday, tie 4th of June. It appeared in evidence that the prisoner had "re. peatedly insulted the deceased, who at length pro, ►. voiced by continued ill.usage, agreed to light Ayrs on the 4th of June, in a field near Shoreditch. They accordingly met, when, after ten rounds, the prisoner struck the deceased a blow behind the ear, in conse quence of which he fell, and expired in five minutes. The prisoner Robinson acted on this occasion as a second or bottle-holder ; and encouraged Ares throughout to persevere in the fight, giving him in structions how to strike. The Jury, after a short consideration, returned a verdict of—Guilty of Manslaughter. T. Cox was indicted for robbing his masters, Messrs. Dudds and Nelson, linen-drapers, of property at vari ous times. He had been a confidential servant for three years, but property had been frequently missed, and he was proved to have sold some at a shop in Holiwell-street, and which was identified.—Guilty. The following were convicted of felonies : mr. Adams, for stealing a pepper-box, belonging to C. Tart. M. Farrel, for stealing a wash, the property of H. Tyrer. G. Jewett, for stealing a saddle of mutton, the property of S. Corp. T. Thatcher, for stealing six yards of gingham, the property of W. 'Frye. W. Smith, for stealing I 9lbs. of bacon, the property of R. Par.. getter. W. Smith, for steeling a pocket-book, containing divers stamps, the property of R. Richards. J. Cluk, for stealing two jackets, the property of Ann Nash. J. Loukes, for steaang a pair of breeches, the property of J. Stannard. Atm Gibbon, far stealing two gowns, and o:bcr article; tbs. property of T. Free. I lii W. Davies, for stealing a coat, the property of G. Arnold, and four lobsters belonging to 'T. Creswell. MURDER.— Samuel Davey was put to the bar, and arraigned on two separate indictments, for the mur. der of Sarah his wife, and Henry his infant child, of five or six months of age. The prisoner (who appeared to be perfectly stu pified, and never raised his eyes fromehe ground dur ing the whole of the trial) upon being called upon to plead to the indictment, guilty or not guilty, answer. ed, in a low voice, " Guilty, I suppose." Upon the Learned Judge desiring him to be told to plead not guilty, he did so accordingly. He was then given in charge to the Jury. Elizabeth Blackman, the mother of theodeceased, was then called, and, under considerable agitation, detailed the circumstances attending this most melan choly catastrophe. She lived in the house with her daughter and son-in-law. They lived at No. 6, Skinner -street, Somer's Town. On the Ch June, the prisoner desired her to bring the bee!, in which she slept with two of her grand-children, up stairs to the room in which he and his wife slept, with their infant child of about five months old. She did so, the next day, Monday the sth ; they all sit pt that, night together in the same bed room, and retired to their respective beds. She awoke about half past four, and finding the prisoner ( who had not got any rest for a week before) and his wife asleep, she would not awake him ; he used to lie all night awake, talk ing to himself and moaning. She went t 3 sleep again, and awoke about half past six ; she saw the prisoner standing by his bed side, and her daughter bloody—alarmed at the sight, she hurried the two ' boys, who were in bed with her, ore about ten, the other about six years of age, out of the room, to call for help. He had a hatchet in his hand ; she attempted to snatch it from him, and the handle came off in the struggle. He pulled his wile out of • the bed, and said to the witness, 44 Do let me put this poor creature out of her misery." She had seen ' him give her a blow with the hatchet before she got it from him. She then ran out .of the room, to call for help ; and her daughter was dead before she re. turned. The unfortunate prisoner at the bar had not been right in his head since last May five years ; he had been twice, during that period, confined in St. Luke's Hospital. He had been very low spirited about the period of this misfortune, and she had rea son to believe his insanity was then returning on him. His wife had made the observation to her, and had said he was always worse in the month of June. He had been always a kind and affectionate husband and • father. She rather thought the derangement was a family disorder ; a sister of his was in the same state at the present time, and obliged to be kept under re straint. He had been four months confined, the first time in St. Luke's ; he was never right in his senses since that period. There never had been any disa greement between him and his wife. James Davis, a butcher, living in the neighbour- bood, ran up stairs upon the alarm being given by the children. He put his head in at the door, which stood close to the top of the stairs. He.saw the wife sitting up in the bed, her head all over blood, and the prisoner standing by the side of the bed with his lap stone in his hand. (He Was a shoemaker by • trade.) He. cried out to him " For Gon's s ike what Are you doing ?" To which he replied, "Go down stairs, or 'I will murder you." He thereupon pulled his head back, and immediately the prisoner hit the deceased, over the head with the stone, and down she , I fell ; he then hit her three or four times on the head. The prisoner then turned round and took a razor off a chair by the bed side, looked deliberately at the witness, and drew it three or four times across her 1. throat, but without cutting her, and then lei] it down 1 . again. He called for assistance and secured him.— ( Upon going into the room he turned down the bed- k clothes, and found the infant lying in the middle, its head knocked to pieces, it just made a gasp and ex pired. He lifted the wife's head up, she groaned very much. A surgeon was instantly sent for. He was acquainted with the prisoner about 16 months, • and he had no doubt he was deranged during all that time, but no way mischievous. He never had an angry word with his wife or mother. Mr. Edward Hely, surgeon, visited the deceased, and had no doubt her death was ocdasioned by the 1 wounds inflicted on her by the prisoner. • Uyon this evidence the Jury, under the direction •1 of the Learned Judge, brought in a verdict —Not ' ' Guilty, he being insane at the time the act was com- , mitted. MIDDLESEX SESSIGNS. Yesterday Thomas Edwards, who was capitally in- dieted for an unnatural offence at the Old Bailey, on Wednesday last, and acquitted, but detained in cus tody in order to take his trial far the misdemeanour, was put to the bar of this Court in order to take 11:s trial accordingly. Fie put in an affidavit, however, in consequence of which he was allowed to post; one his trial until next Sessions. In •the interim • understand he is to be admitted to bail. . ‘,