Star. — London, England, 1802-11-04 00:00:00

CAINSARO' Mille; OCT. 29. This Mart was originally inflituted by charter, ear ly in the reign the the Firft, and be. t that period feat of the moft extenfive j u g a A ffic in the Kingdom, was granted to be holden Loons every year for nine fixative days (the L o os's Day excepted.) Merchants and Manufac turers from all the trading counties then retorted to ti place for vending their merchandise and ornroo di t ies, which were conveyed hither by the Weans of our molt excellent river the Trent, the p u ree of alma all the inland navigation of the ki ng dom. And all the traders and dealers of t he adjoining. counties there fupplied thengelves t o yea dy with every article they vended. This; continued without intermiifion for a feries of years; w h en a bout half a century back (travellers being difperfed throughout the kingdom) this hitherto frequented Mart became negletted ; not by the inhabitants, who Rill efteem and celebrate it (u of old) a feftival of mirth, gaiety, and unsafe wen t. And although the canfe of the afferablage of men is in fo peat a degree removed, the efket is far from having ceafed to exift. :for two days out of the nine a fcene of baffle and- confufion (little inferior to that which Notion Guild or bury fair has ever produced) conthtuts to. prevail. All the beauty and Fathion of the town and neigh bourhood aremble in the Toirn-lian-on the fire. (a dios Thurfday of the Great Mart day, •and airplay tbeirelegant forms in dancing. One_of die Marts begins on Eager Mondsy,. the other on the oth of 01tober ; the latter for the prefent , year concludes to-morrow. All is yet gaiety and hale. The ball laft night was molt numerbufli so d fatisionably attended, and it is to be'regretted that the Town• Hall is not more fpacious, tieing fearcely able to contain the guefts. A inoft kit company of comedians, under the manage austri Meth's. Cow sa and 'TVG 0111 S. par Ose town an annual vifit at the °Cipher feftival. •Tis Ot a few years back that the celebrated Comte (whore , fo Alf treads the Covent-Garden boards) raced our !mall but elegant Theatre. SPORTING INTELLIGENCE. Ma i= THIRD o=ollllUkp, HOUGHTON Imam 3. Svespialga each.—..Aerofe t h e Flat. Ili Hewn 6 yr& old. M. 1 sib. - - 2 Di d Osillos's 4 64, IL 661. • s Ng l'lsesset e. Geispw, est st Deightsa . kik 31r&sido 6 1k-111b- • • . • 3 )1/. Oshwars 1. W Bossard, set °MIN 4 yrs. oid, a as. - - - - Pd. Seven to 4 spin& Chippenitant--5 to 4 on Sweepßakes of sogs. esch.—.T. KB. C. Vlk Ode . psi o l t Gan* Orefiras C e 44611 t. Six to to s apega to I ;laid _ dateitas-3 . Lacm.-4 to aria& nick. Handicap Sweepiakes. Pi togs. Pch.T-Acrota4ll s B, rat. . Led amm) m. sby Indlto. . aid. SAL P 4. • Ht. ilmierde &di yrs sai, ja. Qddlin's Ressinat, 4 yr,. old, U. , ;db. WWI.% g. bk eic r: NA, 9e. 5 God Orofvesor's yew. old; 112. zolb. • Mr E %WWI brother to Esslo, 3 rseold,,lft: db. . Mr. WylloWS Collor; 3,,.. old. 6*. 01b. kr. D UMW' g.f. by IPlielpeise., s . yro. old; sit I Ten to a' Irina Whifkey-5 to a aril* Gul.: lira-6 to 1- ageina Remnant-6 to a again* Fagots'. The fudge could place only two: • Sir F. Standiih's - Datbury, by Sir Peter, out d sconce, 88.6;b. beat Mr. Ladbroke's Julia, 84. 316.-pD.L wogs. h, ft. --15 to 8 on Dusbury. Duke of Grafion's Hortaby Lars, 811. 81b. beat Mr. llowetd's Tawney, 611. t alb.—Acroii 'the PIA logs.-:6 to 4on Hornby Lafs. N. g. This was a Handicap Sireepflakes, but sal/ tk iabove, two accepted. Sir C. Banbury's Whirligig, salt. 41b. best Duke eGrafreit's f. by Volunteer, 711. t alb.—Two yr. asga.-6 to 5 on Duke' of Grafton. ~, MUTH RAMS, THURSDAY, OCTORIILsz.. thy Pounds, given by the Gentlemen of the Inglewood Hunt. Mr. Sitietsfoo's Cotillion • Mr. Widnes rumen • Mt ; Webb's Ceske* • I I S 3 3 a 114 9 4 0.7QN RACES, THURSDAY, OCT. Caledonian Hunt, sol. Mt. amber% Antelope a bolo liandlton's black mare - bl...Plettkees ILetbe dr. The Id heat wis a mail eteellent cos betwixt dattlePe and the black mare. • Hamilton, Sol. • • • .. • Flettbee Mime . 1 • bait Haikon 's Liede Rob - - 40. 4 Abe t on ' s by SU, . by Walnut t•• - . •.: FlLlD4l7.—Hamiltuu,. . *lmagesnri er ,. Yie ad. s ll ' • • t ' I bike limmiltan's bay Sty, by Walneitl3 yes MI Abe tiamman's black moos - • . 1 44 * This race a ff orded g rea t (p or t, s*d watsseemen left than a length. fenepeakes, so p each, p. p. am three heat for all ages. beist_Hswassa's Idly walked missabs--tr. There was afterwards a hack race, for Eve.gu i acts._ 10 the al, and two guineas to th e ad ; lave wined, three came in, the two Ildt were well watched, made an exceeding good heat. there .being above a length betwixt them at the mam as p o t Thtwfday morning, a young man, Jahn Keswick, a weaver in Hamilton, oft 7 or s 8 years ef alle, who, it is laid, had been at the tents near the Mee ground, during the night, followed the hotiods and hunters, and, in attempting picnic* the liver Clyde nearly eppofite to Douglas Park, le was unfortunately drowned. Every (arch has et made, bat as yet the body has not been w f ftad This young man, from his earnings as a earer, was the pnncipal mean of fupportmg his a widow woman. lam hu feldom or ever been a more ;tune mu' affemblage of th e S cotc h P eerage at and p l ate 411) " , thila attended at ilamilton the 11maRto4 p;r. is. On rriday fe'nnight above lo men, mounted on horfeback, and armed with mulkets, &c. went to the houfe of Mr. Bansow, proaor, near Kaput% con, and fired a flux into his dwelling. Lail Thurfday night a large body of armed in furgents attacked the houfe of five yeomen belong ing to Capt. Turn ties corps of cavalry, took the arms from three of them ; the two others having ferreted their arms, were feserely flogged for not delivering them up. On this night, fo near to this city as Balline curra turnpike,, nine Ibots were heard to be fired; and on Tervoe road two (hots, fuppofed to be done by the above party to intimidate the landholders from any purfuit. The fame body, as is fuppofed, forcibly entered the houfes of feveral labourers belonging to Mr. Vatic maw, near Kilpeacon, all of whom they flog ged on the naked backs unmercifully; at the fame time clire&ing that they fhould quit . that part •of the canny, or be murdered next night. A man of 7s years of age, and a girl of isoip- Vearing in Chatham Church, on Friday laft, to be married, and the Minifter finding it was only a -trick of the girl's parents to obtain the old dotard's mciney, he refuted to perform the ceremony, and they were obliged to return home in dudgeon. The marriage ceremony between a young couple of Holdby was put a glop to laft Thurfday for Tome time, by the bridegroom, a Tailor, abruptly declaring that be did not care how much better his wife might turn out, but he had pre-determined if the ever grew worfe, to difpofe of her as Coon as he could, and would tell no lies in Church about it. No argument would prevail on hhn to plight his troth, till the father of the girl engaged to take her home, and love and cherill her for the hufband, in cafe the really grew worfe after marriage. A farmer's labourer, near Hereford, has received a medal from the Agricultural Society there, for raring in habits of hone" induftry so children. About two o'clock laft Saturday morning a fire broke out on the ground floor of. the Black Lion tavern, Yarmouth, but by timely affiftance, it was in about four hours time completely got under. On Tuefday evening laft as Mr. Blanchard, of Norwood, was returning home, he was flopped by three men, near .the Horfe and 'Groom, on the Streatham road, and robbed of sl. in money. A Gentleman near Leominfter lately difcovered a quantity of arfenic, mixed with cheefe and curd lard, difperfed in feveral places near his refidence. A great number of his turkies and fowls who had eaten of it died foon after. The perpetrator of this villainous as is unknown. Oa . Monday fe'nnight the Hon. Captain BLACK WOOD and Captain Dims, of the Apollo, were thrown out of a fingle horfe chaife at Gorport ; and we are lorry to fay, the latter Gentleman was very much hurt. The lots of the Alliance, Beim has occa coned the death of two, perfons.—A manila the teighbowitood of Ravenslafs, who (it is prefumed) had been watching the tide for wreck, was found one day laft week fniothered in a fand-heap ; and another, farther to the weftward, died from the immenfe quantity of rum he drank. The coro ner, returning to Lancafter, (after holdinig an inqueft on the body of the latter,) was in imminent danger of his life in crating the Sands.—lt is Paid he loft both his gig and horfe. On Monday fe'finight the body of a man was picked up an the beach near Pevenfey ; in his pockets a gold watch and fourteen guineas and two dollars in calls, were found, with feveral papers, from the contents of which he is fuppofed to have been the mailer of a finack belonging to Rye, and which probably has foundered at fea. Thurfday night, as Captain Scoss, of the Sarah, of Yarmouth, was going with his wife on board the above vele!, lying off the Tower, about eleven P. M. in attempting to hp from a yeti alongfide the Sarah, acrofs the interveaing (pace, Mrs. Sco-rs miffed her fiep t and fell between the two (hips into the River. The Mate of the Sarah (Captain Score's brother) although ht could not &rim, infiantly precipitated himfelf into the flood, in hopes of fairing her; the Captain alfo plunged in, but owing to the darknefs of the night, and the tide fetting firong, the humane exertions ,of both proved abortive. The unhappy woman and her hnfband were both drowned; and the mate, almoft exhauftod by fatigue and the quantity of ' water taken in, • was re(cued from the deep merely by the efforts of the crew of an adjoining veffel. On Sunday evening, between fix and (even L o'clock, as Mr. Williamfon, of Caftle-fireet, was .returning home from Bedfont, accompanied by Mr. Reed, of the latter place, in a fingle bode ehaife, a man jumped up behind the chaife in Hol born, nearly oppofite the George and Bins Boar, and Role therefrom a box belonging to Mrs. Reedy r which la behind Mr. Reed, in the head of the chaife ; at the fame time giving Mr. Reed a blow on the arm ; and before Mr. Reed, who was much furprized at receiving fo unexpected a falute, could give the alarm or get out of the chaife, the man was out of fight. On Monday afternoon, a carter carelefsly back ing a cart of coals to a ship, at the pier oppofite the Old Church, Liverpool, the tide being then entirely out, and the launch by which the coals are conveyed into the asp being in confequence nearly perpendicular, the cart fuddenly paired over it, by which accident the cart, horfe, and coals, were precipitated with an alarming crash into the dock, upwards of twenty feet.—ln the fall, the fide of the velfel turned the carl,..by which the horfe was thrown foremoft into tie !pud e one of the cart (hafts having broke, with lI the contents upon htm.—ln this Rate the poor aamal remained more than a quarter of an hour, when by the at:finance of a windlau in the next vetel, he was, with much difficulty, dra .4' d from laisder the coals, and, to the great t of the beholders, walked through tbe •to the Ark lapdioS. p4siee• *kb oo o&r oevotoat hi= 10,100!ilat LAW IN2 EL LIGENCEs COURT OF KING's BiNCH, NOV. 2. CRAMS V. SILL4--.-BiLtS dr Mr. ERSKINE Rated, that this Was 'an action t , the Indor fee againft the Indorfer of a foreign hilt of exchange. It was dated Dublin, February sthi tBOO, and was draivn by John Chriltie, in favour of Mr. Curry, it feventy one days after date, for 1911. After various indorfcments it came into the hands of the Defendant, who indorfed it over to the Plaintiff. The only quefiion in the caufe was, as to the regularity of the proteft ; the fads were all agreed upon by the parties, and Were as folio* : That the indorfement was the hand-writing of the Defendant; that the bill was prefented, refuted payment, and noted, on the xath of April, the day it hecame due; that it was afterwards In due time demanded of the Defendant, btit that at the time of fuch demand no proteft accompanied it, nor was the bill protefted s but that a proteft was afterwards drawn up on the 13th of May, which bore date the day of the noting ; that the payment of . the bill was again demanded and re futed, on the ground that the proteft was not re• gularly made. On there adiniffions the Learned CoUnfel Paid he meant to contend that the Plain tiff had a right to recover, on the. principle that the noting *e bill was an at fufficient to fatisfy the Drawer, upon its being (hewn to him, that it had been illsonoured ; and that the proteft was Only a more formal medium of manifeffing its non payment, which the Notary might draw up at any time. In this inftance the bill was noted on the day it became due, and the protea had a retro fpettive reference to that day. The admiffions having been read, Mr. Class objedted that it was incumbent on the Plaintiff to prove the preceding indorfetnents. Lord Ettanamiotron was of - bpinion, that when an Indorfee indorfed a bill to another, the as itfelf was fufficient evidence that all the ante cedent indorfetnents were regular, and there was no necetlity for any further proof. Mr. GISH then entered upo:i the defence. He contended, that when the plaintiff called upon the defendant to pay the bill, upon the refufal of the Drawee, it was neceffary, before the former could revert to the prior itidorfers, or ultimately to the Drawer, that he should be furnifhed with evidence of tech refufal on the part of the Drawee ; the only legal evidence of that fact was the proteft.— The reafon on which the defendant rafted the Pay ment of the bill in queftion was, that he had not that document prefented to him, which would en able him to recover of the perfon from whom he took the bill. He did not mean to fay, that a party prefenting a bill, fhould have a proteft ready in his podet to annex to it, but it was his duty to have it drawn up immediately, nit was the only evidence upon which the Holder could refort to the Drawer. It was not fufficient to tell the Drawer it had been noted on non-payment, and that the proteft would be drawn up. He thought this was a queftion of law, which it was not for the Jury to decide _ - . . A Notary Public was examined as to the cnf.. l tom of merchants. He timed, that after previous demand of payment of a bill, the next Rep was to prefent the bjll, and receive fuch anfwer as the Drawer might think proper to give, and to record that anfwer on the bill. It frequently happened that they took fuch anfwer at fo late an hour that it was impoffible to make the proteft on the fame day ; they therefore made it as loon as the Holder gave them orders fo to do. Lord ELLSNIOROUGN obferved, that a man could not prefent a bill with a proteft ready drawn up : he could not anticipate the refufal of pay ment, confequently the proteft mutt neceffarily be' fubfequent in point of time, though not in point of date ; it referred to the day of noting, which might be compared to the incipitur of a judgment, or the judgment roll to the day of figning, to which the judgment itfelf afterwards had reference. If it was thought the fats as they Rood would raife aapoint of law fufficiently difputable,he fhould be glad to have it brought before the Court. (bef dons relative to bills of exchange could not be too clearly defined. Mr. G*s2l Paid, he conceived the point for which he contended was tenable. Lord &Len BOROUGH replied, if it was merely a queftion of the cuftom of merchants, he thould not withdraw it from the jurifdietion of the Jury, but the died of a proteft was certainly a queftion of law, and he therefore should readily confent to have a fpecial cafe. Under the dire&ion of his Lordfhip a verdit was given for the Plaintiff, fubjed to the opinion of the Court. 11A001CIS AND OTHER?, ASSIGNERS OF MUFF AND lICH, W. DONOVAN. Mr. ERSKINE Paid, this action was brought by the Affiees of Heapy and Rich, who, before their ba nkruptcy, were Blackwell-hall Factors, to recover a furn of about fool. the value of three bills of exchange, drawn by a perfon of the name of Bridgman upon and accepted by the Defendant. The Bankrupts had been in the hali't of difcount ing bills for one Woodhoufe, who became indebted to them in about 4.001. Upon their threatening to prdfecute him, be brought them thefe bills as a fecuritj for their debt. lie underflood that the defence to be let up was, that the Defendant had not received a valuable confederation for the bills. Whatever might be the effed of fuch a defence between him and Mr. Woodhoufe, it could have none with regard to the Affignees of the Bankrupts, who had given a valuable confideraii n for them. Mr. Carrick, the late Clerk of Meffrs. Heapy and Rich, proved that Mr. Woodhoufe' bad de• pefited them asp fecurity for the debt le had con trolled at their houfe. On his crofs•examination he admitted that Mr. Woodhoufe was an adver tising Moneylender;. that the bills were given to Mr. Heapy ; and that his partner was to know nothing about them ; but, on the ,eontrary, that the witticism,* demand payment of them as his _ . t a able ai I M P en r — effutg• Adv h e i r s t a ifi b r M e o n n e e e y 4 L . t h n a d t e i r n s f ; aid ' he ou rn s r a a d t en i .h o o f diitinaion between them. Whether they fubfcribed themfelves A. B. C. D. or X.Y. they were equally pelts of fokiety ; add he fincerely wifhed th*t a penalty of wool.. Mould be inflisted upon the Proprietors of every Dievirpaper who fufferect themfelves to be made the inttruments of their frauds by ittferting their advertifements. The red Rate of the cafe was this, Mr. Dono . van was a Gentleman of propetty and terpeetability in 111. land, and Mr. Bridgeman, who at the time of drawing the bills, was in a refponfible fituatiori in life, beihg indebted to him, and not immediately having the ire ins of fatisfyihg him,had given him the bills, in order that hemight get them cfircoonted and pay himfelf. Mr. Donovan had applied to Mr.Woodhoufe to obtain cath for them, who, ill .e molt motley lenders, had appropriated theft' to his own ufe. He was connetied with Mr. Heapy, who was now in the fituation of a felon, having never appeared to hisbankruptcy. The tranfadion h d no connetion with the partnerthip, but was kept entirely concealed from Mr. Rich. Carrick, whom he had no hefitation in defzribing as a p rtY concerned with this nett of fwindlers, was to pre tend that the bills were his, and he had a:tunny applied tcr. Mr. Cobb, an Attorney, to obtain the payment of theni as his property. After the hank. ruptcy of Heapy and Rich, when Carrick found it would be impollible for him, as plain if, to demand payment of the bills, he tame for ward and pretended they were given by Wooe, houfe to the !Irk He trolled the Jury would, upon the whole of the cafe, confider this as a fwinoling affair ; that the bills had been oh-. tained ivithLut any confederation ; that it was no tranfaltion with the partnerthip, but, a fraudulent attempt, on the part of the witnefs Carrick, to im pole on the Defendant through the thediinn of Heapy and Rich's Affignees. Lord ELLENSORMIGH remarked tb the pay., that it was very unlikely, if this was a fair tranf aetion, that Heapy fliould have wished to have concealed it from his Partner. His Lordfhip went along with the Learned Counfel for the De fendant in molt of his obfervations; and the Jury, with very little hefitation,pronounced their Verdi et in favour of the Defendant. This trial concluded the Sittings in the Court of King's Bench. CRAWFORD AND OTHERS V. STIRLING AND OTHERS. This was an action, Mr. GAkKow raid, between two Houfes, of high commercial credit, and there was no imputation upon the charaCter of either. The Plaintiff fought to recover the fum of 5211. ss. 6d. ; nothing turned upon the fum, for the a mount of it was admitted; and it was the balance due to the Plaintiffs.on account of the credit they gave to a perfon of the name of Kirkpatrick, who had become bankrupt. The Plaintiffs refided at Glafgow, and one of their partners Mr. Andrew Mitchel, had the management of their concerns in London. Mr. Kirkpatrick had tranfaCtions with the Plaintiffs and Derendants, and Mr. Mitchel was guarantee of Mr. Kirkpatrick to the Defen dants to a given amount ; and the only queflion in the Caufe was, whether the Defendants had a right to fet off what was due to them from Kirkpatrick, againit this demand made by the Plaintiffs ?—To this there were two objections; firft, that Mr. An drew Mitchel had no authority from the other Partners of the Houfe to become the guarantee he did for Mr. Kirkpatrick, and unlefs they adopt ed his act, he could not bind them in fuch a cafe, becaule the becoming guarantee was not with in the (cope of any partnerfhip, and indeed that, and giving bonds, or entering into bail, &c. was always exempted in the articles of all partner thip. The next reafon was, that the demand of the defendants on Kiikpatrick was uncertain, in al-much as it was not known what dividend might be made under his commiilion, and no unliquidated demand could, by law, be made the fubjed of a fet•off. It appeared in the courfe of the Caufe, that the Defendants had a fair claim for the fet-off which th pleaded, for that not only had Mr. Mitchel become the guarantee of Mr. Kirkpatrick, but that the reft of the firm of Crawford and Com pany had adopted the ad of their Pattner, Mr. Mitchel; but it was uncertain what might be re covered by the Defendants out of the eflate and effects of Kirkpatrick, becaufe a final dividend had not been made. Lord ELLatiaoaoudu laid, that a guarantee was a contra& of indemnity, and not a debt. If a Partner chides to guarantee for a ftranger, without the privit; of his Partners, he goes beyond the (cope of his authority ; k is not an at done in the furtherance of trade, and therefore ( hall not bind the Partners, unlefs t hey adopt it. Here they had done fo, and therefore this point was again ft them ; but the other objettion to the fet-off of the De fendants was valid, namely, that the fum they claimed was not a liquidated demand. The Statute of fet:off, 'Which empowered one perfon to fet off his demand againft another that was made upon him, or in other words, to fet up a crofs demand without bringing an adion, extended only to cafes in which the crofs demand was liquidated—the debt muft be certain in its nature. It was not yet certain what ,the Defendants would receive under the bankruptcy of Kirkpatrick, and there fore, what they will fall fhort of their whole debt was not afcertained ; for this reafon the demand of the Defendants on Kirkpatrick could not be made the fubjed of a fet-off.—Verdidt for Plaintiffs, Da. mages ssil. gs. 6d. STH or Nov.—Yerierday, five men and a boy were apprehended in St. Martin's•ftreet with a cart, in which was a rude figure as the effigy of Guy Faux, and one of the party as a prick habited in a white (mock frock, and a large wig, and the boy riding on horfeback, as the Sheriff, condudting the offender to the plice of execution. They were im mediately brought befpre Mr. GRAHAM, at Bow itreet, when it being proved on oath that the pri foners were teen to beg and receive money, they were all, except the boy, committed to prifon as