Star. — London, England, 1811-08-03 00:00:00

IMP L. 4111 INTELLIGENCE. ADMIRALTY COURT, AUGUST I. Zodiac, Clark master.—This American ship sailed fro,n this cnuntry for New-York, and was shortly after cap tired by a French privateer, when she was recap. turei by a British cruiser; and the question was, whe t! er sAlvage was due upon the freight.—The Court Aron 'tinted the same to be due. Mary, Ta te master.—This vessel, laden with various an.rchandize, was destined to Leghorn.—Restored, stri-ct the captors' expencis. Bremen packet, master:--This vessel, under Brem colours, in ballist, was going from London oit-nsibly to Newcastle.—Condemned. Nymph, Vryden master.—This Prussian vessel, lalen with Kock-fish, was an a voyage from North Bergen ostensibly to London.—Condemned. COURT 07 CHANCERY, AUGUSTE. In the matter of the injunction applied for on Mon day List‘ to stop a nuisance, alledged to arise from the noxious effluvia issuing from a soap manufactory in the neighbourhood of Chelsea, the LORD CITAN• CRILOR said, that the earliest case where such an ap plication was made to that Court, which he could find on record, was one before Lord Chancellor Ba thurst, wherein the Duke of Grafton applied for an injunction against a Mr. Hill, to put a stop to a nui sance, arising from his burning bricks in the fields, near Hanover-square ; but the Lord Chancellor re fused to rant the injunction, as be did not consider bricks being burnt near the habitations of men, for the purpose of being made into habitations, as either a public or private nuisance ; and his Lordship thought the present case very similar. The principal doubt which rested on his mind was, whether he had any jurisdiction in such cases, where only the person prosecuting in the indictment came into Court ; and where the defendants do not resort to that Court in any way whatever Had both the relators and the defendants come into Court, former cases would have wtrranted him in directing an issue to try the legality as speedily as possible. This was certainly not an original power in that Court, the first instance beit , that of the Duke of Grafton above-mentioned. 'Th e impression on his mind was, that he had no jurisdic tion in the present case—and if he had, be thought it would be advancing with too rapid strides in a case where there must be a great number of witnesses exa mined on both sides, to enjoin an issue to be tried at the Surrey Assizes nest week. He had been think ing of a better way for both parties, to give them a little more ume—it was of no consequence whether the issue be tried in Sorrily or any of the neighbour ing counties. 3.IIIIiTT V. SWIM This was* case of derourr;tr of some curiosity. The facts as stated in the argument of Mr. HART, tor the defendant, were these : Some time since the plaintiff applied to the defen dant Henry Edward Swift, a Lottery-office-keeper, for the purpose of purchasing shares of two particu lar tickets, Noi. 111 and 27, previously to their being issued from the Bank of England. The plaintiff placing a very mysterious faith in thos.: two tickets. paid a gratuity of five shillings, which he was told by defendant was customary in cases where a person fired on a favourite number. These five shillings went to a clerk in the Bank, who secured the numbers for the ielons engaging them. In fine, the plaintiff bespoke, and the defendant agreed to obtain foe him this numbers specified. In the sequel, however, he only procured the No. 111, one quarter of which the plaintiff took; but the No. 27, one half of which he had contracted to purchase, never came into his possession. The No. 111 hap pened to come out a blank, but the other came out a prize of £20,000. The plaintiff then b: aught his action to recover the £lO,OOO to which the half-ticket 27 was entitled ; and by a bill in equity asked for a discovery of certain particular facts, without the knowledge of which, in evidence, his action could not be supported. These facts were sought to be disco *ered in a series of questions put by plaintiff to defen dant, as to whether, in such cases, marks were usually put on bespoke tickets while deposited in the Bank ? whether defendant promised to bespeak and procure the shares of the particular tickets for plaintiff ? whe ther he did not admit, in a conversation with others, that he had agreed so to bespeak and procure them ? whether the ss. were not actually paid for tir pur pose of having this mark affixed whether in part fulfilmeat of their contract defendant did not procure the ticket No. 111, itc.? To the answering of these qaestions defendant demurred ; and in support of the demurrer he (Mr. Hart) referred to the Act of Par liament, the 49th of George 111. which authorized the drawing of the lottery in question. This Act de clared, that any person dividing tickets into shares, or issuing chances in any manner but that specified in the Act, should be subject to particular penalties. It directed, that every share or agreement for a share should be stamped is a form specified ; that persons selling shares or chances except on stamped paper, &lonic! forfeit £.50 for every such illegal act ; that all persons taking out a licence should, before the drawing, deposit in the Bank T5O shares, or SO whole tickets, otherwise the licence wonld bc void ; that those s hares or tickets so deposited should not be sold or disposed of previously to their being brought from --. _ 11 the Bank; and it further directed, that all persons the ship Catharine, from Cork to certain ports in convicted under this Act of illegal transactions should I Spain, but not higher up the Mediterranean than he deemed rogues and vagabonds, and given over to Tarragona, which policy was subscribed on the Ist the justices of the peace to be punished accordingly. ! August, 1810, by the defendant, for £2OO, at a pre- Such were the enactments of this Act ; and he con- mium of 15 guineas per cent. to return £3 upon ar tcaded, that by answering the bill of the plaintiff, his rival. It appeared that this vessel stopped at Gibral 6ent would, by confession, impeach himself with tar, where she took in a quantity of staves and empty two breaches of it. ' pipes, and soon afterwards sailed for Tarragona, off Sir SAM= ROMILLT, for the plaintiff, said, that it • which place she arrived on the night of the eith of was not extremely creditable for the defendant, after November, within 25 miles, and hoved to off Ellfark a breach of contract, to plead its illegality against the shoals, at the mouth of the river Ebro, for the pur consequences of its non-falfilment. lie contended, pose of making that port next morning. At that time however, that an erroneous construction had been put pie Captain observed a light on shore from both the upon the Act. It was a w e al Act, and ought to be starboard and larboard bows , and after ha vin g re construed most strictly.: declarations of the Act tired to rest for a few hours, leaving his mate upon did not bear againsi a previous agreement on the part the watch, he was astonished still to perceive these of the defendant to do all in his power short of idling lights in pretty nearly a similar situation, but it turned the tickets it was against the actual Jalt of the tickets out that during the night the vessel had been drifted that the provisions of the Act were directed: it could by a very strong current, and the Captain soon after not be against agreements of this kind that the Legis. wards found that he was entering Barcelona, instead /attire levelled the Act ; because, if the defendant had of Tarragona, and did not discover his error until she agreed to obtain an indefinite number of tickets, surely was too far in to avoid a French force coming out and such an agreement would not be illegal. taking her. The Captain of the vessel was a young Loan CitANUILIPIL....." It would be necessary for man of 22 years of age, the son of the plaintiff, and, nevee having been that same voyage before, was to-' tally unacquainted with the strong current in that - quarter of the world, but he was totally freed of any SALISBURY, lULY Sl. voluntary error. This present action was brought to HORRIBLE CAUL—Sat:cud Tucker was indicted, for recover the loss against the Underwriters. the wilful murder of Ann Tucker, hi, wife, at Brad- The defence set up was, that the Underwriters had ford, in the county of Wilts. This was a case of the only insured the ship and cargo to the length of Tar- most atrocious kind. It appeared in evidence, that ragona, expressly excluding any port to the Northeast tile prisoner, who was originally a we3ver, and has thereof; whereas she had deviated to the distance of since practised medicine, apd called himself Dow' thirty-six miles. After bearing the evidence of the Tucker, many mouths since conceived the design of Captain, murdering his wife, on accouht of the disparity of Lord ELLENBOROUGH observed, that he did not see ages, she being about 25 years older thin himself. a colour for the vessel being so far out of the limits That in order to effect her death, he kept her conti. prescribed by the policy ; and that an entire ignorance nually confined in his house, without alloainy an y of a prevalent current was not excusable, for he ought one to see her, from the first of last January till the to have been furnished with something to give him day when she died, on the Bth of March last, allaw. instructions.—Plaintiff nonsuited. ing her only a small quantity of halt-boiled potates, NONNEN V. KETTTRWELL. and barley bread and a little water. That he li e. This was an action on a Policy of Insurance from quently left his house for two days together, durieg Lanscrona, in Sweden, to Wolgas, in Swedish Pome- which she was locked up and without food; and that rania. The policy was on she Tres Sisters and cargo. her room, by reason of the non-admittance of air, and Three objections were taken by Mr. Garrow for the . certain offensive things left therein, was nearly suf. defendant, Ist. That the goods were not put on board ; ticient to create putridity. By this treatment she at Lanscrona, so as to be covered by the policy, but : became so greatly emaciated as to be unable to move were put on board at Gottenburgh, bulk not having , out of her bed, during which time he still continued been broken at Lanscrona, but only a small part pass. ° his ill-treatment, and she was actually starved to ed over the side of the vessel. 2d. That this policy ! death. The Surgeon stated, that on examining ~ h e was illegal, under an order in Council of this Govern- ' corpse, it was literally nothing but skin and bone. ment, dated 7th January, 1809, by which all inter. , The chief witnesses against the prisoner were people course in the way of trade was prohibited between of the name of Bytield, who were the deceased's dui- COURT OF KING'S BENCH, AUG 2. one port from which British ships were excluded, and dren by a former husband. another port of the same description. 3d. That 1 The prisoner, in his defence, stated, that his wife WARINE INSURANCE—WELLSFORD v. TUNNe. though this ship was described as being, along with had a disorder in her bowels, which prevented him This was an action brought to recover the amount her cargo, the. property of one and the same Swedish from sleeping or associating with her, and that she oflotal loss of ship and cargo, under the following su b j ect , she was a British prize, captured from the had a voracious appetite w h i ch could never be satis circumstances : The ship Alfred was bound to Prince Danes, and wanted, at the time of her capture, the ; fied. The Jury found him guilty, and the Judge im- Edward's Island, in the Gulf of St. Lawrence, and , necessary documents to prove her nationalization, and ' mediately passed upon him the awful sentence of the insured.by the defendant and others out and home. as such, was condemned by the Prize Court at Dant. , law, and ordered him for execution on -the Friday, She left England in good condition, and with a pro. si c, into which port she was carried. land his body to he delivered to a surgeon to be dia per complement of men, and arrived safely at her des. Lord ELLENBOROUGH was much inclined to be with sected. The prisoner appeared totally void of agita * tination, where her homeward cargo, which consisted the defendants on the last two points, but agreed to tion during the whole trial, which lasted seven hours. of timber, was ready for her, but the vessel no sooner reserve a case on the whole three for the opinion of, WORCESTER, AUGUST t. . reached port than nearly all her hands deserted from the Court. her ;in short, out of a crew which altogether consis- I At these Assizes, on Monday and Tuesday last, The Jury accordingly found for the plaintiff, sub- ted of fi fteen persons, only the Captain, two boys, the • , t he risoners were tried and sentenced following p : ject to the opinion of the Court on a case embracing , Richard Lane, 36, stealing sheep, the property of 'l'. boatswain, carpenter, and one seaman remained. In those three points. this situation they continued from the time of her ar rival at Prince Edward's Island, in August 1808, COURT OF PECULIARS, DOCTORS' COMMONS. breaking open the dwelling-house of Nm. Croft, of until January 1809, when, by the active and zealous SMITH against HEWSON, falsely called SMITH. Shrewley, a labourer, and stealing thereout three LI endeavours of a Mr. Welsford, a relative to the plain. This was a proceeding at the instance of Mr. Henry notes, three guineas and one 7s. piece in gold, one tiff, hands were with difficulty obtained from New- Staple Smith, of Croydon, to annul a marriage he shilling, one sixpence, and one fourpenny-piece in sil foundland and Halifax. Being in every respect h a d c ontracted with Miss Smith, of the same place, ver—condemned. John Hodges, 23, for coursing, with again well manned a n d rea dy f or sea , th e y set sail on the ground of minority and non-consent, the mar. intent to 101 l a deal., in the park of R. B. Charlett, from the island on the 10th of January, 1809, with riage having been solemnized by licence. i Esq. at Elmley Castle ; and Francis Ricketts,-25, f'.r very fine weather for the climate, and a very fine It a ppe ar ed i n e v idence that Mr. Hewson, the fa- breaking into an out-house, with two others, and steal. breeze. They left port early in the morning, and the ther of the young lady, was living , and Mr. Smith's ing a quantity of wheat---tranyforted seven year:. Wm. weather continued perfectly fair and favourable till addresses to his daughter were sanctioned by his ap - Baylis, stealing five pigs, the property of Wm. Har about eleven o'clock at night, when suddenly the probation from a conviction, as he frequently de. tell, Bellbroughton ; Thos. Baylis, 16, stealing four wind veered, and at last blew a gale from the North dared, of his being an industrious young man, more LI notes and fifteen shillings worth of halfpence, the East, so that they could not carry a sail. The storm likely to get forward in business than many posses - property of Messrs. Preece and Lloyd ; and William continued the whole of the next day, and by the fol- sing greater affluence, and that he should feel happy Parsons, 20, embezzling three guineas, the property lowing night it became a frightful and tremendous in seeing his daughter so well settled. Mr. Smith of his master, Mr. I'. Baskerville, draper, Worcester hurricane, which tore away the rudder, and with an accordingly visited the family in the character of an " —imprisoned six month:. • Wm. Yates, 26, taking ard eddy and tempestuous hurricane drove them, in spite accepted lover, and induced the young lady a short carrying away Edward Smith, .a child of eight years of all their efforts, among a range of floating ice, time afterwards to consent to a private marriage, of age from Northfield—aereence not - paned. Sixteen and upon a lee shore, in that inhospitable and dreary pretending that his not yet being in business for him- were acquitted, and three no Bill. climate, where, with the most astonishing intrepi- self rendered-secrecy for a short time necessary; the dity, all hands got ashore, but not until some of them father being seized with a paralytic stroke did not were for ever disabled from earning their bread, by long survive, and the present suit was subsequently, the inclemency and intenseness of the frost. Even commenced. the Captain himself, through his desire and praise- Onthepartof Mr•Smithitwascontended,thatthough i worthy zeal to save the ship and property, encoun- Mr. Hewson did not object to his addresses, there tered such fatigue, and suffered so horribly by the was no reason to believe he would have consented to i frost, that he now lies in the hospital at Halifax, hay-1 the marriage taking place when it did : indeed, the ing lost every toe upon both his feet, and every fin-, young man not being in business, and many other ger upon both his hands, a frightful and ever-to-be 1 reasons, afforded sufficient ground to presume a want lamented spectacle. " of consent, where no direct proof of the reverse was Mr. Jackson, the broker, proved the insurance. adduced. Sam Pincher, a one-legged sailor of Dover, prov- On behalf of the lady it was contended, that a ed all the statement above mentioned, as be went consent must be presumed from the addresses being out and came home in the vessel. It appeared that I sanctioned, and that this inference was further sup when the crew got footing en the - desolate shore ' ported by a variety of declarations appearing in evi. above described, Sam having but one leg (the other ' dente to have been made by the father, upon a sup- I being taken off in boarding a Frenchman which was ' position of the probability of such an union , though carried) his messmates, notwithstanding their own 1 there might not be very conclusive proof of his sufferings, carried him upon their shoulders, alter-' knowledge of its having actually taken place, nately relieving each other, until they placed him un- 1 Sir JOHN Niceota. observed, that the legal pre der shelter from the dreadful and acute inclemency ° I sumption of a case of this nature was always in fa- I of the weather, and they were all providentially S2V- your of the fact of marriage, and of the requisites of i ed, though under circumstances of extreme suffering. the law having been complied with , and this pre- The vessel and cargo were lost, as the crew had . sumption Was not a little strengthened by the suit scarcely quitted her when she was overwhelmed with not being brought in the present case by the minor, " ice, and rose no more. who must be the injured party, if any injury there This was the case on the Fart of the plaintiff, as was, but by the party who had obtained the licence stated by the Attorney-General, and proved by the for the marriage upon his own perjury ; for it was witnesses. I not to be supposed but that he was aware of the Mr. Serjeant BEST, for the defendant, submitted Lady's minority. His coming into Court then, with some points, the object of which was, that the plain- I a suit grounded upon his own corrupt act, and the tiff was not entitled to recover. He principally rest- : legal presumption against him, rendered it necessary ed on the facts, that the vessel was delayed at Prince that the proof of non-consent to be furnished by him Edward's Island longer than she ought, and being ; should be very strong and conclusive, indeed, almost detained till the hurricane months and season corn- I amounting to a dissent ; he did not mean to say that menced, the insurers were therefore not liable ; and a conditional or limited consent might not be given, he further urged, that the plaintiff ought not to re• or that that consent might not be retracted, but where cover, because he sailed at a season when r%in was the courtship is encouraged without any limitation or inevitable. He urged these topics with all that zeal restriction as to the time or other circumstances of the of which he is master. The first objection, however, marriage, a general consent was to be presumed. In the Court quickly overruled; and the next, his own this case, the father being dead, could not prove his witnesses could not substantiate. non-consent, but the brother and others of the family Verdict for plaintiff, the full amount of his claim. prove the courtship to have been with his sanction, TATE v. LEVI. and the witnesses who depose to the non -consent seem This was an action on a policy of insurance upon to mean that it was not directly given with a know. ledi sf the marriage being about to take place.— 413S1ZES. me to read the whole Act to understand the meaning and spirit of these particular clauses. Is it not a question, whether this agreement be not an agreement in the words of the Act," for selling chances ?" Sir S. Ros(mt. , / still contended, that the construc tion put upon the act was erroneous; but independent of its construction the demurrer must fall to the ground because it covered too much. They them selves had overruled their demurrer by their answer. Their answer contained. averments, the discovery of which could not be possibly illegal. The bespeaking of the tickets wai not illegal—the payment of the five shillings was not illegal—the admission of the con tract to procure the tickets in a conversation with other persons, was not illegal. Mr. LOVATT argued on the same side, and particu larly insisted on the informality of the demurrer, on account of its covering too much. The LORD CHANCELLOR was of the same opinion ; but said that the over-ruling of it in that view did the defendant no harm. Mr. HART made some observations on the asperity of Sir Samuel Romilly's language in speaking of the conduct of the defendant. _ _ _ The 1. Loan CHANCELLOR was convinced, that it was not the penalties of £lOO or £5,1 that the defendant feared, but the imputation of rogues and vagabond:, which the law deemed persons to be who carried on these illegal transactions.—Demurrer over-ruled. Saturday last, a lad, about fifteen years of age, was put on shore at Plymouth, from one of his Ma. jesty's frigates, and sent on to Exeter, and is now in the county Bridewell. His coming on shore, it it said, is in consequence of a most extraordinary and affec. ting narrative, which he relates, viz 66 That he was forcibly sent on beard a tender, about six years ago, to prevent his discovering of a murder, committed in his presence by his master, a Gentleman who then lived in the neighbourhood of Liverpool, and who had two daughters, one called Mary, and the other Betsey ; the latter, a young Lady, of about nineteen years of age, having absconded a few days, the father, as he was riding in his carriage one morning, about half a mile from home, saw her at the window of a house of ill fame, and immediately descended from his carriage, conveyed her home, took her into the stable, bound her hands and feet, and after having - masked her face, put a halter round her neck and hung her ; when dead, he covered her with straw under the manger, where. she remained .till twelve o'clock at night, when he took her to a well in an ad. joining meadow, threw her in, and covered her with earth." The boy relates this account very distinctly, with every particular of names and places, and says he is very ready to prove the same to the face of his master ; he further declares, he has repeatedly mentioned the circumstance on board the ship, and has many times written home to his friends, but never had an answer.. .1. Montgomery, Esq. of Eyrecourt, has surren dered himself at the county gaol of Galway, to abide his trial at the next assizes, for the alledged murder of his wife. A few days since, Johanah Flanigan, alit:: Leacy, charged With being a principal person in promoting the disturbances of the county of Waterford, and strongly suspected of being concerned in the murder of Timothy Collins, and family, at Ballygarron, was committed to gaol. A few evenings since, a soldier of the Sligo Militia was attacked near Killanaule, by a ruffian, named Maher, who was accompanied :oil assisted by a woman, both of whom knocked him down an,i plun dered him of his watch and money. With that na. tural excess of ferocity that generally finishes the de gredatirm of the female character, when once the bonds of modesty are thoroughly broken, the woman was urgent with Mahe( to finish their exploits by mur dering the soldier. The " compunctious visitings of nature," however, were fortunately too strong in Maher, and the poor soldier lives to tell his story. FEMALE COURAGE. —Yesterday morning, whilst the family of Mrs. Elizabeth Record, of Mount -street, Grosvenor-square, were at breakfast in the kitchen, Mrs. R. was alarmed by footsteps in the parlour above. Sarah Haim, the servant, being sent s r , met a man in the passage, who had just lift the par lour, and who presented her with a letter, asking if such a person lived there. The girl had the presence of mind to look into the parlour, when, missing the salt-spoons, she returned into the passage as he was endeavouring to escape, and fastening on him, Eke a true-bred mastiff, never quitted her hold till assist. ante was afforded, when the thief was stf ly lodged in custody. On him were found the lost spoons, to. gether with a pick-lock and skeleton keys. After iin. dergoing an examination at Marlborongh-street Poke °dice, the prisoner was fully committed fur tri.d. Ige 01 Lge . ag pi .:. Upou the whole of the evidence, therefore, he das of opinion, that the presumption of a direct or implied consent of the father to the marriage was sufficiently apparent to satisfy the just requisites of the law, and observed, that if the conduct and character of the young woman, only 17 years of age, could be judged of from the letters before the Court, she was well worthy of the husband's choice, and ought to have re ceived diferent treatment from him. The Court therefore dismissed the suit. Tuesday last, a son of Mr. Judd, in Terrace-row, Hampstead-road, was looking Out something he want ed from a closet, in which about three pounds weight of gunpowder were deposited, when the candle set fire to some of the powder which had been scattered, and tormed a train, whichcomniunicated to the mass, and it blew up. The youth, tlthough yet alive, had his head shattered in a manner which leaves no hope of recovery, and one of his hands was nearly blown off. There were three other persons in the room, wLo were all injured, but particularly a little girl, who was wounded on the head by a splinter. PO