Star. — London, England, 1819-07-17 00:00:00

(1; F~~ .4 post ? (at Ware). Stu bliuhuk t ausedingly ; and the servant's returning, Mr. or discovered the packet in.question. She then went to the house of Mr. Hale, her father, and being confronted there the next day, the 11th of October, with her husband, he taxed her with infidelity, which she at first positively denied ; but upon his producing the letters of which he had obtained possession, she became exceedingly agitated, and retired to her bed-room, whither Mr. Proctor followed her, and took from her other letters that jell: no doubt of her guilt. She then confessed her adultery with French, and made attempts, by imploring acknowledgments, to obtain a reconcilia tion. Being then within three months of her confine- meat, Mr. Proctor yielded to the entreaties of herself and the representations of her father, and did not leave the house till after the acceuchentent had taken place ; he then finally quitted her, and she appears to have lived with her father from that period (January, 1.616,) to the following December. -.The Learned JUDGE, after adverting to these facts, Observed, that this suit was commenced in the begin song of 1817. Muck time was stated to have been lost, by reason of the difficula in procuring wit nesses. He should not now inter into more minute details ; the proofs of the adultery were abundant, and .such. as were sufficient to maintain many more than that one case he had now to decide. Thus far , there could he no doubt, that the husband was fully' entitled to his separation. But the case did not rest here; the Court was called upon to take cognizance of other facts materially affecting, not the indisputa ble guilt of this female, but the title of the husband to his remedy. Mrs. Proctor, notwithstanding all the professions-which she made upon the discovery of her correspondence with French, and after all her de. clarations of sincere contrition, her entreaties for for giveness, and her promises of amendment to her hus band, bad manifested the most decided hostility to wards him. She had accused him,. in her turn, of adultery with a woman named Charlotte Phipps, whom he bad permitted to use his name, with whom heehad.resided in various parts of . the town, in Here ford-street, in Marshall-street, Edgware-road, and elsewhere, and by whom he was charged to have had' achild. His Counsel, indeed, had acknowledged drat fact. and• the usual plea, as to the identity of Mr. Proctor with the person who so lived with her, and her uon-identity with Mrs. Proctor his, wife, was fully proved. Oa this state of facts, then, a question arose, whether he had forfeited his title to a sentence of, separittion or not? There seemed no reason to ima gine but that be had always previously confined him self to a strict fidelity to.bis own bed. If he hid not, it he had forfeited this claim, the family which might be now existing or hereafter to be born, would be come entitled to his name, and not mirely to the rights of legitimacy, but to those of succession to Isis estate. He might be the father of spurious children,% and yet those children. would he-entitled to his pro perty, and himself liable for their debt. And what would .he his remedy in that case ? He, must. resot t to the almost insuperable difficulty of proving a non intercourse. with his wife, to preventlim front lying under these most painful obligations.. By felling in ells suit, he might be compelled to endure that the offspring of a marriage bed, stained with pollution and dishonour, should inherit his name, rights, and property. This, then, would be, indeed, a' case of great severity, as on the part of the husband there were no previous irregularities on his side. .The law, perhaps, provided some resource; for there was no question that the legal nature of the marriage-con tract had its origin from the canon law,.hut not to the extent of that law. The sacred obligations of marriage might be suspended, but they could not be extinguished. They were traced in characters inde lible and perpetual ; no dereliction of the mat riage dtrties.'rould anni h ilate that halkwed and solemn contract, which by ,:he maxim of the law, was re cognised as inviolable. It admitted of no degrees between living separate and being con hlered as still , cohabiting; and, therefore, there was no contempla tion as to spurious offspring. There was likewise no distinction as to a husband seeking his remedy for the adultery of his wife, he having committed adultery himself, either before or after their separation. The learned Judge said, he could not see with what suc cess any principle could be adopted, by which this Court could release itself by any power of its own from such authority, since the rule must come from higher authority than these Courts possessed them szlves. Even after separation pronounced by this Court, tJle indissolubility of the contract carries all its consequences, and with those consequences must be ,taken the breach of the original contract, until dis solved a vinerdo, it contains as much as ever the force of its existence. Taking the rule of law as binding upoa this Court, the learned Judge said he could not enter into a view of the manners of modern life, be cause the law did not furnish a sufficient remedy for the mischief arising from the practice which the ca non.law had laid down. That there is no medium between separation and actual cohabitation; there certainly is incurred a great danger of spurious off spring, and the danger of their inheriting in case of the death of his legitimate children. This Court still remained under a legal obligation to administer the canon law, until competent authority should provide another. How far it ought to be revised, this Court had no power or right to examine. With regard to the husband, he was bound to lay himself under the elivictest restraint of morals, and to adhere to it with resolution. This should be impressed upon him so as to fortify him against the temptation to infidelity, ehe he will forfeit his legal remedy, and his children remain exposed, whom he ought to protect with re gard to the claims of a spurious offspring. The law, as it now stood, was applicable as a rule of equal justice between the sexes. in this case the COURT pronounced that the hus band was not entitled to separation, therefore dismiss ed the suit with mutual costs. COURT OF KING'S BENCH, JULY 16. ASSAULT ON A SEAMAN, RHODES V. LEECH. This was an action for an assault committed by the defendant on the person of the plaintiff, on board the East India Company's ship the Orwell. The de fendant pleaded, first, that he was not guilty :, and secondly, that the assault was committed in the ordi nary course of punishment, by reason of the muti nous, disorderly, insolent, and improper conduct of the plaintiff, and of his neglect of duty on board the said ship, of which the defeidant was Captain. The . . . plaintiff replied, thatle had not acted in the manner • impu ted to hint, and thereupon issue wasoined. Mr. SCARLETT stated the case to the Jury. He said that the plaintiff had been a midshipman in his Majesty's service, and was highly connected by birth and connexions ; but in consequence of the peace he was anxious to employ his time to advantage, and accordingly he engaged as gunner's mate on board the Orwell. That ship sailed to China and back under the command of the defendant. During the home ward voyage, the stock of prcivisions became ex hausted,.and at last nothing, remained for the crew but rice and peas. When the ship arrived in Mar gate-roads, the plaintiff wished to clean some of the guns, the men complained of weakness, owing to the want of proper and sufficient food, and the plaintiff himself then endeavoured to go on with the work, but was unable to do so. He told the mate, (not meaning, however, that it should be communicated to the Captain), that the species of food which he had had for several days had reduced his strength so much, that he could not move the guns. The Cap tain came on deck, charged him with mutiny, and made preparations for flogging him, when the plain tiff preferring a watery grave to such ignominious punishment, jumped overboard. The Captain, in stead of feeling remorse for this occurrence, expressed a savage pleasure at the fate of the plaintiff, and when some of the crew wished to save him by putting the boat eut, he said, Oh, damn him, let him A Deal boat, however, took him up, and brought-aim to the side of the ship, when the Captain ordered him to he dragged up by a rope, and desired the boatswain to flol him. Eighteen lashes' were inflicted upon him, while the Captain stood by, and deiired the officer not to spare - him. The Learned Counsel said, that he should prove this case to • the satisfaction of the Jury, and shcrlld then leave them to award such da mages to the plaintiffai the injury requited. Francis 11.iiison, gunner of the Orwell, deposed, that Captain Leech, the defendant, was her Corn mandor on the list voyage. On the ith of May last they were off Margate. The plaintiff and some of the men had been employed about the guns.. Witness saw the Captain on the deck in a rage ; he law him strike the plaintiff, and then heard him order him on ne poop. The fitit mate was on the quarter-deck at that time. The Captain desired the boatswain to turn the hands up. When they came on deck it Was understood that the plaintiff was to be flogged. An, alarm was then given that he was overboard. A Deal boat piked him up and brought him alongside. He could not get up, and the defendant ordered him to be hauled up by a uThe's end. He was cold and shivering, and complained to the Captain that be was not well. The Captain said he would make an example of him. He had mid that he was too weak to level the guns, as he had not had a suffi cient.quant:zy of v!ctuals. The Captain ordered him to strip, and if be coaid -rot strip, "the Master v.i.s desired to cut his clothes off. He was stripped and received eighteen lashes from the boatswain. The Cafttain stood by at the time, and said, " You have got a .ritscal there, do your duty," Witness did not know that plaintiff had been a Midshipman. before; but had always observed that his conduct was very obedient and. proper. There had been a short al lowance for a fortnight or three weeks before ; they lived on rice and peas, having no bread of meat. William Field, servant to the Surgeon of the ship, was below when the hands wire ordered up for pu nishment. When he got up, plaintiff was on the poop, and the Captain on the quarter-deck. He 'heard l.i a order the master-at-arms to bring the plain tiff on the deck; he said he would make as exaniple of him-to the ship's •CornPany. for having complained of being kept on peas and rice. The plaintiff then jumped overboard. Some one cried out "Lower the boat." The Captain sail, " Never mind him, damn him, let him swim." The Deal boat took him up. He was stripped and flogged. The shie was on short allowance. Six barrels of beef and pork were taken out in China. ..... . Peter Turney, tt seaman, saw the Captain when he ordered the plaintiff to• be brought up. The Cap tain said a word or two, did not hear what they were, and the Captain .den struck him on the face, And ordered him ott the poop. He jumped overboard. Witness and others were going to lower the boa:, when the Captain said. " Never mind, let him swim, it ‘+ ill do him gond." Two men in a little boat picked him up. He was stripred and flogged. They had had a short allowance for two or - three weeks. Every man on board complained of weakness. John Probee was t!te armourer of the ship. He conirmcd the former statement of facts, and in ad. dition deposed, that the Captain, ',peaking -of. the Deal boat, said, " I had rather have gtve,n £lOO than that boat shoald hak been there." _ _ _ Henry Earl, surgeon, in Berner's-street, Oxford street, examined plaintiff's back after his arrival in London. It was in a state of considerable inflamma tion, and there wet e four places where the skin had. perished. 'The marks remained 'to this day, and would remain. Jane Rhodes, mother of the plaintiff, deposed, that her son was a Midsh;prnan, and by birth, education,' and connexions, a Gentleman. Mr. MARRYAT, for the defendant, said, that it was by no means uncommon to punish a Midshipman on board a King's ship when he misconducted himself. He was himself related to several persons in the Navy, and he bad heard one of them (now a Com mander) say, that he remembered with great satis faction that he had been flogged, when young, for improper behaviour. The Captain was placed in an arduous and difficult situation ; he found it necessary' at such a moment to check insubordination, and the . punishment which the plaintiff received' was not par ticularly severe, nor more than the offence in ques tion merited.-- , The witnesses were then called, viz. Air. Cousins, first mate, said, that the ship was 1313 tons burden ; it was a large China ship ; the crew consisted 0f.1t16 men, including officers. Wit ness ordered plaintiff to draw the guns, to take eight hands, and be quick about it, as the pilot wished to get the ship under way. The order was only jr. part performed : it could have been done in three hours and a half. Witness asked why the *hole of the guns I were not driwn ? He said they were all drawn but four. Witness then said, " I can spare plenty of hands." He replied, 44 0, I can't do it. I have been starved on board this d—clship; I l have hein fed upon pea-gravy ; I am too weak to do it." This was insolently spoken. Witness informed the Captain of What had passed. When the Captain came, the plaintiff's deportment was !ITT improper—it was aj kind ofliraeado. The' Captain said, " What do you mean by pea-gravy ? havel tot lowered the boat for provisions? You ought to set a good example, and not abuse an O ffi cer.' Witness did not observe the Captain strike him ; but heard him order him on the poop. The Captain then orlered all hands up : the crew 'assembled. The plaintiff jumped overboard.— Witness was about to low& a boat, but one of the officers forward called out " There is a boat off, Sir." Witness then ordered them " to hold fast, and not to lower the ship's boat." Plaintiff was brought on board and flogged ; he received eighteen lashes; it was not particularly severe; all the crew were round to see it. In the outward bound passage, the plain tiff's conduct was very bad ; a man of he name of Martin was punished; there was a slight insubordi nation, and the plaintiff joined the disaffected. On the morning in question a boat had been sent for provisions ; the voyage bad been about lour weeks loner than usual. Thomas Welsh was fourth officer on board •the ship. The plaintiff proceeded to draw the guns in a most dilatory manner. Never understood that he was in bad health ; his appearance did not exhibit any symptoms of declining strength. Saw plaintiff speak ing to the mate; did not hear what passed ; but the plaintiff appeared to have been peaking to him in a mild manner. Was present the day after the flog ging, when the plaintiff applied to the surgeon for something for his back. The surgeon said, he did not think the flogging was such as to require him to be on the sick-list ; and it would have a bad appear ance jibe were on that list when there was no injury. The plaintiff said, he did not care for the flogging, but he conceived 'that he had strained his back by jumping from the poop overboard. When there was a mutiny on board the ship, witness saw the plaintiff go among the disaffected. Witness had the custody of the stores on board the ship ; the passage was very tedious. They had frequent supplies from other ships on their voyage, but a foul wind kept them at sea longer than they expected. Captain Leech killed his Chinese pigs for the ship's crew ; some of them weighed from 30. to 401bs. they were boiled • in the soup. There was not .above one day that the ship was without salt provisions. _ _ William Brinim . er, .surgeon of the ship, deposed, that the plaintiff eau* to him, and asked him to look at his back. Witness had seen him punished, and said, a Surely you don't mean , that the flogging makes it necessary for you to apply to me." lie re plied, " No ; it is on account of having sprained my back in jumping over hoard." Witness then gave him sotnething to apply to it. • Mr. Andrews, the second officer of the ship, de posed, that he lived at the Captain's table. Ile beg ged to decline answering the question whether there was a short allowance at his table for any time ; but being told that he must answer that question, he said that there had been a short allowance for four or five days. The voyage was very tedious. Mr. SCAIMETT addressed the Jury, contending that the defence set up was an aggravation of the plaintiff's injuries. The Lotto Cum.-JUSTICE summed up the case to the Jury. lie told them, that the only question for their consideration was, whether -the plaintiff had been guilty of mutinous, disorderly, and improper conduct, and of neglect of duty, so as to justify the defendant in inflicting punishment upon him? The, misconduct of the plaintiff on the outward-passage was irrelevant. Whatever punishment took place.on the 4th of May could be justified only by misconduct on that d:ty. If they thought that the plaintiff, un der all the circumstances of weakness, arising from the want of food, had done his best to discharge his duty, and had not been guilty of disorderly conduct, then the defendant could not be justified, and their verdict would be for the plaintiff. The amount of the damages was peculiarly for their consideration ; but he had always said, and he would now reiseat, that in cases of this nature the damages should be estimated with temper and moderation. The Jury withdrew for about half an hour, and then returned with a verdict for the plaintiff—Da mages, Five Ihndred Pouhds. , . OLD BAILEY SESSIONS. Yesterday, the Sessions being ended, the RecoRDER passed' sentence of death on the following capital convicts, v 17.. John Leaver, for burglary ; Benjamin Noble and Mary Brown, for stealing in a dwelling-house ; John Butler, for steal ing in a dwelling-house; William Henry Bird, Sarah King, and Henry Milt's, for like offences ; Sarah Lyon and Esther Levy, for privately stealing in a shop; and Sarah Whittle and Thomas Alabaster, for house-breaking in the day-time. Thomas Johnson, George Lucas, John Wilson, John Milton, George Collins, James Wells, John Ward, Isaac Greenslade, William Phillls, Michael Welsh, James Mogan, John Duggan, Michael M'Cartby, and Patrick John Sullivan, to be trans ported for life. James Rabnett, Mary Deal, Esther Bevan, Owen Ryden, David Austin, and James Francis, to be transported for four teen years. • William Willis, John Sharp, George Fosey, William Ball Oxenham, William Smith, James Howard, Charles Smith, Ro bert Smith, Richard Smith, J ohn Hagan, Richard Oakes, James Lacey, John Turner, George Dudley, John Taylor, James Mason, Thomas Titchbourn, -William Crouch, Charles Emery, 'Wm. Henry Jewell, Henry Brown, Sarah Freeman, Mary ,Ryan William Waite, Richard Mason, Patrick Brannan, Sa rah Mitchell, Benjamin llincks, Henry Jones, Joseph Brick-, hill, John Dowling, John Jones, Elizabeth Green, Ann Hall, William Beach, Richard llrigenshaw, James Cole, Hannah Cooper, Ann Lewis, 'Monies Ilarekins, William Stacey. bert Hughes, James Smith, Ann Haresign, James Summers, Richard Johnson, James Brace, Ann Day, Peter Miller, Charles Harris, Daniel Bowden, Anthony Fonsick, Thomas Carter, John Flack Anderson, William. Thampson, Thomas Butler, John Clark, William Jones, and James White, too be trans ported for seven years. Seven were ordered to he imprisoned in the House of Cor rection for London ; 5•2 in the House of Correction for Middle sex, and three in Newgate for various periods, several of whom were to be whipped; 11 were fined Is. each and discharged; five privately whipped and discharged ; three judgments respited; and 23 discharged by proclamation. The Sessions were then adjourned to the 15th of September. An awful instance of mortall y and family affliction has lately occurred in Essex. OM the 28th of Februat y last was bulled, at Stondon Massey, near 7 Chipping- Ongar, llExay MADLE, church-clerk, aged 70, leav ing a widow confined to her bed by a cancerous affec tion in her legs, and a daughter married and resident in London. The daughter's husband died of an ulcer in the throat, after a few days illness, aged 44, and was interred at Stondon on the 27th June. The wife, who attended her husband's funeral, was herself fol- Towed as a corpse on the 6th instant ; and on the 9th inst. their two only children, aged sixteen and seveu, were deposited in the same grave. POLIO. QtrerwaturAnc.—Yesterday E. Wass4ll, a mi tt: in the Ist Regiment of Life Goalies, v.:as char t . : with beating Mr. F. Horton, a timber nicri.hant,:,: Chelsea. Th e complainant said he had been tpen, kg the evening at a friend's home, at Pad di last Saturday ni g ht: hbout ten o'clock he arrive,: the Horse Guar& The prisoner was on kitltV f he refused to let him pass. Complainant re • , been through before at a later hour. The s: !die lowed him several yards from his post, and 1;1(.6 . him down with his carbine, beat and' liv•el 1.: all over the body, although he cried out A , and begged for mercy. Another soldier wh o been on duty, named Wilson, called him away, cried " Shame I" Complainant had been ever sin: under the hands of a Doctor. He yet exhibited m at . of the injury he received : he was black about I: 'eyes, his sides, and loins ; and had not the ri , e (if r 'of his legs.—The soldier said in defence, that c , , . plainant wanted to force .his way through, co,. to orders ; that he had made use of some imp r ,... expressions which irritated him:—The Mazist:tn . : commended a reconciliation, observing, that the 5( . diers were frequently abused on their post. Ile lean ,st the complainant had been drinking that evec:ag.... The Corp9ral gave the soldier a most escellent . Iracter. He begged leave to observe, that commencement a the seditious meetings in London, threats had been held out to burn their it. racks, and the Guards have been so frequent-Iv E posed to insults, that the Officers had given lust::• tions to double the sentinels from dusk till clay.l4:l The soldier had not exceeded his duty, or the orde he had received.--It was contended on the others'. that he.had no right to quit his pest to assault tl complainant, but that he should make his report • the Corporal of the Guard, or'the next sentinel.—T. Magistrate said, he would put an eta to the alteic. tion by binding over the soldier for MS appearance the ensuing Westminster Session's. He was accc.; Jingly bound over in a recognizatteof The house of Mrs. Salthonhatt; of Ilead.l:! , , Upper llampstead.road, was broken and entered three robbers on Wednesday mOrhing, abo u t ty, o'clock, and the lower rooms Were literally strip of every article that a man could•carry. '1l;! lanAr are on the coast, and an elderly woman, who was ;.:1 unwilling spectator of nil that passed, had the cr.! of the house. A cart was waiting to receive the g0D..., at the corner of the lane leading' o Child's Ilill, and by which hopes arc entertained iihat' the villains tvsl be detected. • A woman of decent appeat4nte teas detected yt . - terday afternoon in stripping a. child, in the fields t the back of Somers' Town, which proved to be son of . Mr. Wilbraham, of Brill -street, About fire years old. She was lodged in custody, and the ail i, which had been seduced by some cherries from home, was restored to his disconsolate parents. NEWGATE AND LE kW:IC/TALL M AItItETS,JULY 16. ( Ily the Carcase.). Beef. 3s 8d co 4s Si I veal ...... ...4s •d to se ot Mutton 4s 61 co 5s 21 Pork Ss 04 to 6. td Latz.b, 55 8d to 65 4d. COAL. MARKET, Jitty 16. Ships at Market. Ships Sold. ' Price. 34 Newcastle 271 323 3.1 to 10. r,..1 4 Sunderland 3 323 94 to 405 od 1 Colin 0 —4 Od to PRICE IF HOPS. • NEW 11AGI. Kent Susses 5l 5s to it 6s-, Essex Foreign XIV tOCICTiII. Kent Suisest F.seez Farnlnra PRICE or TALLOW, Town Tallow c7s 6d Yellow itusaia .. i;7s ud White ditto Soap ditto .. Melting Stuff s6s Od COURiE OF Amsterdam ll 17 C.F. Ditto at sight ll 14 Rotterdam... ll 18 2U. Antwerp, ex-mo 12 0 Ilamblargh :5 9 24 U. Altona "5 10 24U. Paris. 3 day's date 25 0 U. _ _ _ • Ditto 25 30 2li. Bourdeaux do. 25 30 Frankfurt on the Maine ..... 149 ez-zno. Madrid, efructivt 3Gi Cadiz area 37 Barcelona 354 Gilboa, cfftctive 36 SOAP, &c. per 11 Vb. Ditto rough ........ Yellow Soap Mottled ... .......... Curd ............ x 11`. Pala EXCHANGE. Scville 3O Gibraltar ...... 5V Leghorn Genoa 45 Venice ital. Liv IN 0 Malta Naples Palermo ed per or. Lisbon 53 Oporto ...... .54 Rio Janeiro Dublin l6 Agio of the Bank on Mot land 2 PRICES OF GOLD AND SILVER. Portugal Gold in Coin, per 0z....... ........ lB 0 Foreign Gold in Ban 0 0 0 New Doubloons Ndir Dollars 0 5 0 Silver, in bars, COUNTRY 411 A RKRTS. OXFORD, JULY 1 S.—The price of s rushel of Wheat The Half-peck Loaf, household, Is. 3d. Nzwznav, Brats, JLIEY 15.—Wheat, 68s to 86s—Bade 50s to 42s—Oats, 218 to 32s—Beans, 50s to 638—}Vas, to s.ss.—Bread, Is 7d to Is 9d. per Gallon. BANBURY, JULY 15.—Wheat 81. 4d. to 10s. Od.—Befins, 6s. 88 o.l—Vetats Os Od pet bnebt4.- - Barlef, 588 to 44s—Oats, 28s od to 33s oa per quarter—Bread, Is 94 half peck—Flow 57s per sack. Oil/LIME, JULY 15.—Wheat, per load, £l7 10. to .€l2 0 Barley, per quarter, 341 to 42s—Oat, 28. to 358-2 eats 150 s to 568—Peas, 00s to 008—Rve, 00$ to 00s. BIRTH. Wednesday, at Ports-wood, Hants, the Lady of W. A. Mac kinnon, Esq. M P. of a daughter. MARRIED. At Christ Church, Liscrpool, by the Rev. J. Tetlosy, Gent? Procter, F.sq. Adjutant of the Royal Military College, to An: eldest daughter of Major-General Procter. DIED. Monday, at Bath, Mrs. Hammett, relict of the Rev. Richar. Hammett, Rector of Clovelly, Devon. Saturday se'nnight, Frances 116(1st:ford, aged 78, attended?! the Register Office, in Worcester, to prove her husband's vril while doing so she was mud• affected, and after paying thefetv she sunk into a chair speechless; she was immediately cmverk: to a neighbouring house, where she died in a few minutes! ----=--- - - MA TLS MIS DAY. -a RR. Rim. Dublin 2 • 0 i Lisbon 0 C Waterford 1 0 France . 1 0 Guernsey and Jersey 0 0 Hamburg* 0 0 Holland 0 0 Gottenburth " 0 0 Flanders 0 O. Malta 0 0 - --- - -- ARIL DI RIG H.WATER st LONDON BRIDGE TO-MORROW Al( rning Afternoon - 4 arinutes after 11 34 —.---. .-- 11 LONDON ; PrOud and pubibhed by I.nai X ale; lick. 3 Ilur, Toni If 7! it t• I I I t