Star. — London, England, 1818-06-16 00:00:00

cast my tate, • righteous Heaven, Di. .. denies, or as tells of state st lsome, o tlispensing equal laws, f emm e' s truggling for the world's applause: neighbour, husband, brother, sire, or son, rry work, areemplisb'd or begun, ant that, by me, 'llsy holy Will be dale. When jigs Ambition tempts my soul to rise, me her proffeed honours to despise ; chains or poverty await the just, minions lure me to betray my trust, thsmcied by wealth, coaled by tyrant might, me tardily ?wart At vied, fast my pligkesdfaids, nor stoop to give, Ingtheild life, At only case to live ! LAW INTELLIGENCE. /VAT OF KING'S BENCH. Yam IS. BARNETT O. COVENT-GARDEN THEATRE. action for work and labour. The declaration contract between the Plaintiff and the Pro- Covent-garden Theatre, that Master Bar . sing on their stage for two years at a salary: for the amount of this salary the was brought. • . SCARLET?, on the part of the Plaintiff, stated popularity Master 'Barnett had enjoyed, in con of the excellence of his voice, and his skill • and then called a witness to establish the made on the part of Master Bartlett with Covent-Garden Theatre. 3-examination, Mr. GURNEY, for the De-1 asked the witness, if, in the courof of one, performances, the voice of Master Barnett had acked; in consequence of which, he was onr sing again during his engagement. The ii 'as, that the witness was not aware of the fact. 1 ELLENSOROUGH inquired if the defence de upon the establishment of this fact ? GURNEY answered, that he should be able to distinctly that Master Barnett was not able to consequence of a defect in his voice. ELLIENBOROUGH added, that his opinion ma dly was, that such a defence was not avail. there was nothing in the contract respecting a Ts on such a contingency as the Defendants had happened ; and, on the other hand, if' Barnett had become one of the finest singers world, there was no stipulation for an increase salary. - ;URNILT observed, that he should be able to , that by the custom of the Theatre, the en gagement of a Performer ceased when he became fulfil his part of the contract. ELLENBOROUGH said that nothing of that appeared in the contract, as proved : it was :onditiona:ly for two years, and the boy had been fulfil his part of the engagement ; he might able to scream instead of singing, but if iendants bad called upon him, he could not refused. S.^.tru.Err remarked, that he could prove e boy was always prepared if his attendance Theatre had been required ; this was only the case of an action for work and labour by a tradesman or a servant : it was not necessary to shew work done, if it were only to be executed at the iuisition of the Defendant, and if the Plaintiff was to perform it when called upon. Guasre cited a case from 2 East. 145, which :ought in point: there, if a seaman contracted from A to B, and back again, and not to re wages until he returned to A, if he were on shore wrongfully at B, he could not main action for his wages as for work and labc•ar, must proceed for the breach of the contract. LELLassoaotrout admitted that the fonn of action in this case threw some difficulty in the would have been better if the Plaintiff had ted for the breach of contract. SCARLETT referred to a case in 1 Campb. support of the form in which the present was brought. ELLENBOROUGH cbserved, that both parties', to be contending for the extreme of justice, would probably be injustice to one of them : WAS a middle course which perhaps would every body, viz.—that some Banister should named who would ascertain what was really due. sides assented to this proposal, and a verdict accordingly taken for the Plaintiff—Damages subject to a reference. SKILLET? V. HOWLETT. was an action brought to recover the amount 1 funeral expenses of the defendant's brother, was interred by and at the cost of the plaintiff. GURNEY stated the case to the Jury ; fiom it appeared, that the plaintiff, who was an undertaker, residing at Brompton, was applied to defendant to conduct the funeral of his (d-- (ant's) brother, who died at Chatham in 1813. first witness called was 'William Skillett, the iff's son, who stated, that he remembered the al of the defendant's brother ; all the articles were urnished:by his father, and the charges were very mo - He applied to the defendant for the money:in 1816, and was told, that it should be paid all part in a short time. Witness, on his cross ,mination, said, he was not present at any conver between his father and defendant relative to idertaking the management of his (defendant's) ier's funeral. The defendant did not reach _lam until the day before the funeral. Lord ELLENBOROUGH—Then your father had preparations for the funeral before the arrival, consequently without the directions of the de- Jam. vitness replied in the affirmative; another mourn coach had been ordered after the defendant ar ', He never applied to a Mr. Robertson for the funeral expenses. Lord EttEtmonouott—There is 'no proof of the lefendant having become his brother's administrator; therefore if he he at all liable for the debt, it must from his having promised to pay it. Mr. Jarvis being called, stated, that he knew the defendant, and remembered his having been present funeral of the deceased. Witness attended the funeral at his request, and recollected his giving or - to have the grave bricked and arched over.— defendant also invited other persons to the fune- Witnel4 saw him pack up some books and ... ) . 111 ' ........, AN I Great. It . I ' 1 Os sodal I WiissAir, t . Or formic As ncithb In ram 1 drat sla Wheafigs Teach me Though cl Though n 1 llamoi d grill let m - Hold fast f For lapel . --------- i COIU SARNI 1 An =dot set out a co: pfietors of ( • nett should • certain sala action was 1 Mr. ScAI 1 % the popular sequence of in-singing ; contract ms Covent-Gai i In cross• Pendants, a of his perfc not cracker Ale to sing swer was, I Lord Er pcnded upr Mr. Gm skew digit sing, in co Lord Et I decidedly . able ; ther cessation c iusisted ha Ns - Master Ba in the wog in his sala Mr. Gu prove, the gagement unable to Lord - I , kind appe unconditic 1 I ready to i be only 2 the Defen have refu Mr. S' that the i at the Th ordinary tradesma the work requisitio ready to I*. G f . he thoug to go fro cave his tsrned 01 t tin an a bathers Lord ] tie attic • way : it • proceade Mr. E 376, in action w Lord seemed I which w ' • - there w is . satisfy e be own( Both i was ACC , 9001. su This of the f who wa Mr. ( which underta . , by the i fendant 1 2 The 1 plaintiff funeral furnishr derate. May, l or in 1 examin cation 1 tae um i brother Chatha Lorc made 1 r , and co ti - fendan Wit; ing co; ris ed. 1 9. funeri Lon defend therefc be fro' Mr. defend . ) at the funera ders tc f The do rat 1 7 • - , I N, ,, ''l / 4 sik prints, and a handsome book-case, the property of' the deceased, saying, he should send them to London, and from thence to Suffolk, where he lived. There was also a gold watch, which had cost the deceased £5O, which watch defendant made a present of to a Mr. Robertson. To a question from Lord ELLIN/1)110110H, witness said, no person interfered in the disposal of the de ceased's property, but defendant. Lord ELLENBOROUGII—You see, Mr.Marryat, that the defendant must be considered liable, as he ordered the funeral and took possession of the property. Mr. MARRIAT said, he had a complete answer to the action, as he should prove, that ano ther p erson, and not defendant, hatil ordered the funeral, and that the defendant had only taken the books and book case, which he had previously purchased from the deceased. -Mr. Watehurst, a bricklayer, said, he had done the brick-work of the grave. by t he direction of defen dant, and was paid for such work by the plaintiff. Thomas Shipperton said, he had called several times on defendant, at the request of the plaintiff, for the amount of the funeral expenses, and was repea tedly put off with promises to pay from time to time.' His first application was in February, 1817. On his cross-examination witness said, defendant told him, that a Mr. Robertson was liable for the ex- 1 penses 'of the funeral. and not him ; but that as he lad promised to pay it, he should do so when he was able.—Here the case for the plaintiff closed. Mr. MARRYAT, for the defendant, addressed the Jury, observing, it was rather singular that such an action should be brought. The facts of the case were simply these :—the deceased had for some time lived in the employment of Messrs. Robertson and Co. Gentlemen of great respectability, who had con tracted with Government for carrying on the public works at Chatham, where the deceased superintended 'their business until the time of his death, which took place in 1813. Messrs. Robertson and Co. immedi ately gave directions for the funeral, and desired the Bill to be sent in to them. The plaintiff accordingly followed the,orders he had received, and after the fu neral actually sent his bill to Mrs. Hurd, the Lady with whom the deceased had lodged, in order to have it forwarded to Mr. Robertson. It happened that in 1815 Mr. Robertson became a bankrupt, he took the benefit of the Insolvent Act, and actually put the plaintiff's debt into his schedule, and served a regular notice upon him, as he should prove, the person who served it being in Court, Lord ELLENBOROUGH—The law and the justice of the case clearly shew, that the defendant is not liable for the debt, and I should suggest, that a verdict b e taken for the defendant, he accounting for whatever part of the property had come into his possession. Mr. MARRYAT said. that the defendant had only taken such part of the property as he had purchased before his brother's heath. Mr. GURNEY said, he could prove that the defen dant had ordered an addition it mourning ccach at the funeral. Lord Etteasoaotrott—That makes more aga'nst than f r you, as it chews, there had been previous di rectio s given is to the other parts of the funeral to which the defe idant was not privy. If the plaintiff furnis' ed his bill to Mr. Robertson, and now claims on de endant after Mr. Robertson had entered the debt n his sche lule, such claim cannot be allowed. I thi. k, Mr. Gur icy, you had better consider what I have said, as it is the best thing which can happen to you. If such as; stem were to be followed, every per on would be a 'raid to perform the last offices for a relative or friend who might die in distress, lest, by so t oing, they mig it be made liable for the expense. Mr. GURNEY an l Mr. MARRYATT consulted for a few minutes ; after which Mr. Robertson was called; he confirmed the state !writs made of his having ordered the funeral, his having subsequently become a bankrupt, &c.—Two other witnesses corroborated this statement ; and Lord ELLENNOROUGH directed the Jury to norsuit the plaintiff.—Nonsuited. MIDDLESEX SESSION. Yesterday the Sessions for the County of Middle sex commenced at Clerkenwell. Mr. &take, in his charge to the Grand Jury, said, that in consequence of the lamented death of the late Chairman (Mr. Watson), he had been appointed by the Bench of Magistrates to discharge for the present the duties of the situation. It would naturally be expected by them that he should say a few words upon the character of the deceased, whose death must be a subject of regret to all who knew his good qua lities. He was equally distinguished for talent, for integrity, and suavity of manners, which rendere' his conduct eaually pleasing to the Bar 'as to the Fen sons whose busiue. brought them into Court. lie had as yet no opportunity of looking into the calen dar, but there were, he knew, some important cases to come under their view. There was one of murder, and some of Bank forgeries: indeed, of late there were hardly ally calendars in which instances of the crime of forgery was not to be met with. Upon this sub ject he felt it his duty to make a few observations, particularly as the nature of the evidence in such cases had lately been much the subject of conversa tion. An opinion seemed to be entertained by some, that the Clerk whose name was imitated in a Bank forgery should be produced upon the trial. Upon a late occasion, at the Old Bailey, one of the Jury de manded, whether the Bank Clerk whose name ap peared upon the note was present? Mr. Justice BAYLEY informed the Jury, that " his presence was unnecessary—that the evidence of the Inspector of Bank-notes was sufficient."—This was the practice acted upon by all the Judges, and it was of course to be considered as law, until altered by the Legisla ture. In any case of forgery that might come before them, they would look upon this as the rule of their conduct. It might be said, that a Grand Jury being sworn to keep secret whatever transpired in their pre sence, no inconvenience could arise from requiring that the Inspector of Notes should point out to them I the private marks by which he was enabled to detect forgeries. If, however, the Grand Jury might fairly demand this before they found a bill, the same might I afortion be required by the Petty Jury, upon whose verdict the life of the accused depended. The con- 1 sequence of making known such private marks before the Petty Jury in open Court, were too evident to need any comment. Such a mode of proceeding would have the immediate effect of doubling the evil, and in a day or two they would have the Bir mingham coaches proceeding to town loaded with forgeries. To require the attendance of the Clerk whose name was signed to a note, would be produc tive. of insurmountable inconvenience. It was true, that in cases where the life of a human being was concerned, inconvenience was a thing of minor con sideration, if that inconvenience could be productive of any benefit to the accused. On trials for forgery is could not. The Bank Clerk being unacquainted 'with the private marks, could give evidence only as to the forgery of his own name. This, in many cases, he could not perhaps do, the same being imitated in copperplate, and being an exactfac-simile. It was, besides, to be considered, that upon all occasions, it would not be possible for the Clerk to attend, as trials for forgery of Bank-notes were carried on in distant parts of the kingdom upon the same day. The In spector then, from a view of the whole note taken to gether, and being acquainted with the private marks, seemed to be the most competent evidence. Such was the opinion expressed upon the occasion alluded to by Mr. Justice Bayley, who was equally distin guished for his deep knowledge and far his humanity. As they were on the eve of a general Election he felt' himself called upon to allude shortly to the subject. No contest being expected for Middlesex, it was not likely that the Election in that county would be at tended with any riot or disturbance. They bor dered however upon other places in which a contest was expected, the effect of which might extend into Middlesex. Such in all likelihood would be the case at Westminster, as one of the Candidates, Mr. Hunt, had expressed his determination, in an affidavit, to keep the poll open to the very last moment. Such an affidavit was of a novel kind. In the event of any riot or disturbance extending itself into Middlesex, he hoped the inhabitants would contribute every thing in their power to suppress it, and the Magis trates would be upon the alert to contribute their assistance.—The Court then proceeded to business, but no case of any interest occurred. POLICE. HATTON..GARDEN-.--DUEL PREVEl 4 ;TED—Yesterday George Bryant and Shuttleworth Bryant, Esqrs. of 35, Queen-square, Bloomsbury, were brought up on a warrant, charged on oath by James Powell Cran- , mer, Esq. of Hall, Essex, and of 24, Charlotte street, Bedford-square, with challenging him to fight a duel with them, and each of them. Each party was attended by their solicitor. The complainant deposed that on Friday night, as he was crossing thenortiv side of Russell-square, he saw the prisoners following him. On crossing and annoying him, he desired them to keep off, when one of the prisoners answered, " No, Sir ; I have been a long time looking out for you, for I have a long account to settle with von." Complainant, to get clear of them, after their follow ing him round the square, gale George Bryant his card of address, and they parted ; the next morning George Bryant, accompanied by a gentleman, called at his house to provoke him to fight a duel, and being in fear of his life, he laid the present information.— Here a great deal of ill language passed between Loth parties, when the Magistrate interfered, and re marked, that the law left him no discretion, and pointed out to him the line of his duty ; and as the complainant swore to the charge, he should call on them for bail not to molest him, the complainant, in future. Mr. George Bryant answered, that they were prepared with bail, and now considered the complai nant so contemptible, that he would take no further notice of him. If he was a gentleman, his sense of honour would point out the line for him to pursue. ) The defendants gave bail, and were discharged. I MADNESS FROM JEALOUSY.-.—EliZatedi Perry was charged by James Phillips, plumber and glazier, with assaulting him, and collecting a mob round his house. The complainant stated, that he was foreman to a widow in St. Pancras ; that in November last the prisoner bore him a child, for which he allowed Ss. a week for its maintenance, but she came troubling him, writing him threatening letters, and collecting a mob rounclhis door, saying that she was a married woman ; he was sorry for his indiscretion, and made all the reparation he could by supporting the child, and he wished to have no more to do with her. The watchman produced a phial containing some lauda num, which he forced from the prisoner, part of the contents of which she had drank as he was conveying her to the watch-house. Medical assistance was pro cured, and the dreadful effects of the poison preven ted. On the prisoner being asked why she followed the prosecutor, she said it was because he would not be friendly wi th her, although he would with other women. On her refusing to promise to desist from I persecuting him, she was committed for want of bail. id A bill of indictment has been found against seve ral journeymen coach-makers, for a combination and conspiracy to raise their wages. As Mr. PARTINGTON, of Newington, was going from the Elephant and Castle on Saturday night, he was attacked by two men, one of whom tripping up his heels and throwing him on the ground, tied his arms together, while the other blindfolded him. They then proceeded to rifle his pockets, not finding more than £2 in Bank of England notes, they loaded him with a few hearty curses, and took their departure. After struggling for a considerable time, Mr. PART INGTON succeeded in freeing himself from his con finement, and reached home in a very exhausted state. The robbers had crapes on their faces. Friday evening, as Mr. CARTLITCII and his daughter were proceeding through Moorfields, they were stopped by three men and a woman. The men seized Mr. CARTLurcn,and took from him a pocket book, containing two £5 notes and a gold repeater, with its appendages. The woman, meanwhile, plun dered the young lady of her ridicule, containing a £2 note and a gold ring, and actually stripped off a great part of her clothes. They then beat both father and daughter so severely, that it was with difficulty they reached the nearest coach-stand, where they procured a conveyance home. Sunday morning, in consequence of a quarrel be tween some Irishmen at the Mitre public-house, in Tooley-street, a man named Fitzgerald followed ano ther man, named Flaharty, as he was proceeding home, and struck him so violent a blow on the back of his head, that he fell senseless to the ground. Fitzgerald not feeling himself sufficiently revenged, seized his victim by the ears, and dashed his head with dreadful violence against the stones. He ab sconded before the officers of justice arrived, and the object of his inhuman rage was carried to St. Mo rale; Hospital in a very dinerous state. FEMALE ORPHAN .ASVLI: It having been announced that the Duke and Duchess of CAMISRIDGE would be present at Divir.e Service in the Chai.el of the Asylum i n S t . G etrgcs Fields, on Sunday morning, it was crowded "; every part. s early as nine o'clock : ma n y p ereoe , , indeed, were at the door before eight, a n d the he:: in consequence was excessive. The service, howe7er, delayed till nearly half an hour after the u sua l t i me, and it was not till about half past eleven th at th e Duke and his illustrious Consort entered a pew i n h e western gallery, which had been superbly fitted up with crimson velvet and cushions for the occasic- Their Royal Highnesses were attended by the B ut . ness HEDERMAN and Colonel Jot:Es, one of the Duke, Aides-de-Camp. They were preceded along t h e gal. lery by the Stewards, and followed b- a la rge b ody of the Governors, headed by Lord kArsrtes ar,4 Sir W. LEIGHTON. Her Royal Highness wo re a ki . „,, silk pelisse and a small white hat and plume. Royal Duke was dressed in a plain suit of with his star and the blue ribbon. Lord RADITOCII wore the insignia of the Order of the Bath. A s sec , as the Royal - Party had taken their seats, the ser ,;, opened with a Hymn by the children, in which ka Roy al Highness joined very fervently ; indeed throug l. out the service he gave the responses in the most dible and impressive manner. The Rev.Mr.WmT t afterwards preached an excellent sermon. The e hil. dren, who were particularly noticed by the Duchess, and appeared to give her the most lively satisfuticn, were very neatly dressed, and each of them wore ea her left side a large white favour. Six female cr. phans, who had served in reTcctable families durieg the periods of their apprenticeships, attended in the chapel to return thanks. Their Royal Highream, immediately before quitting the Asy.nra, being formed that the children were assembled in deli dining-room, went there, witnessed the intrerizz ceremony of saying grace, and afterward; walW between the dinner tables. Last week a girl of the name cf Boyd, in crn avert! of remaining too long in the water whiie near Carlisle, and of tessing hereelf trpsy-tarry Ect. ward in the water a great number of times fullevizz, has so much injured her brain, that her reason is in.- paired, and it is doubtful is she will ever recover. Friday last, between two and three o'cleck, a molt severe thunder-storm 'was experienced at Weds: a fire-ball or bolt, passed down the chimney of a horse at Cooksley Pound, near that city ; and a younger°. man, who happened to be in the room where it en tered, had her cloths set cn fire, and was buret dreadfully, especially about the threat and neck; and had not immediate assistance bean at hand, the consequences would have seen fatal. Saturday a decently dressed woman was observed running very swiftly along the &rand. She had reached near to Villiers-street when she nidetly dropped down, and in a few minutes breathed her last. Previous to expiring, she with difficulty artic.- lated, that she had been running for upwards of half an hour, until completely overcome by the beat._ BIRTH. Friday, in Great Geoage.street, the Lady of W. Wag, L. of a ion. MARRIED. Saturday, Wm. Manning, Esq. of the Iron. East-India Cr. pany's service, to Kat?, second daughter of the late jobs Clerk Stewart, Esq. of Blackwall. Lately, at Hinckley, Lieuter.ant Kenderdine, of the Ear's Own Stafford Militia, to Mary, only daughter of Wm. Crit,b• ley, Esq. of Donators., near Stafford. Lieutenant-Colonel Reymond Pelly, C.8.16th Queen's Lz:. cers, to Louisa Margaret, eldest daughter of Rzbert French, Esq. of Ocnills, county of Dublin. At Kilmurry Church, John Theophilus Boileau, Est of court-street , Dublin, to Elizabeth Dorethea, eldest caghter at Captain MOletwortl:, 20th Light Dragoons. The Rev. Charles Thomas Wade, of Clonabraney, county of Meath, Esq. to Isabella Rebecca, second daughter at liar! ilk hilltop, Esq. of Ballymacool, in the_.ne2.cfrlyL________ DIED. it-street, in the 3Sth yen. of Wednesday, in Charles Bacon, Esq. architect. Tuesday night, at the Spread Eagle, Carlisle, Xr. Baum of Lang-rigg, near Wigton. He came in on that day in pried health, but died before morning. Saturday se'ruaight, William Cornfortb, apprentice to Nr. L Robson, of Newcastle—drowned while bathing io the Tyoe. Sunday se'nnight, John Geran, a prisoner under rule of no* portation in Ennis Jail: without any apparen t sign of indispoo. tion, and while conversing with some of the other prisoneth dropt down and instantly expired. June 5, at Kelso, Roxboroughslaire, Wm. Smith, Esq. wer.e, aged 64. CORN-MARKET. MA CURRe4 ,RIE-LANE. JUNE, is. r run& Small Beam ........ —go 601 Tick ditto ........ . ..... .50, Oats, Potatoe :46 -- Poland ...... ..x6s —— Feed ...............fa its Flour, per ...... eSs Rapeseed, per Last iN sit Wheat, Kent and Estes 761 14ts Suffolk ....... ......... —7Bl 80s Norfolk 7Ol 781 Rye . „ 44s 0 .6 s Barley 4Ol 5111 Malt 7Ol 78. White Peas ........, 48 1 Sits ---, Doll en 56s 601 Grey Peas ......... . 5O. 541 _ _. FOILEICIL Wheat, Dantzic..•••• _vs tai Baltic Red, 'Umbra' a Bremen,Brabant red ;« afa .17----------------------------------7—ERAGE PRICES of CORN la England and Wald , fro. the Returns received in the week ending June 6, 161$ Wheitt I Rye. 1 Barley. 1 Oats. I Beal g Pet.e. s. ii. s. d. s. d. s. d. b. d. 83 3 53 4 49 7 32 0 56 1 : 4 u The legume Price a Sugar, bom the returns mldi L. the week ending the 10th June, 1818, is Ws. 1;d. per cut. NEW GATE •;:c LE ADENHALCM.A.RKETS, June 1.:. (By the Carcase.) Beef 3s 4d to 41 I Sd t o Ls el Mutton 4s Od to 4s Pork .........4; dto ;II 14 Lamb ss. ed. to 6_s. tic_2.....______......-- ... NEW PACS F HOPS. . SEW Wring. Kent I2I Os to 221 00s I Kent ...... 441 Os to 461 Is Sussex 181 Os to 201 Os Susse s ......201 Os to a Cs I Essex OOl Os to 00 s Os Essex ...... 201 Os to 2SI cs Farnham .. . 251 0._.....1_1........."1" PRICE 'NE inship.sNaetwciaasorkCeetO.AL MARKET, sAtsout . ;;: 9d3pdrittco 44, to 36' .8 ON SATURDAY. India Stock Bonds 80 pr. omn.i pr. Etch. ills (91) 1913 Ditto (21d) 17 18 Cons. for Ac. 7911 Lottery Ticket lio 14s. lIIGII WATER at LONDON BRIDGE TO:.IORROi: Nestling - 35 Iritnutr , • ft•snrknr• 8 PRICE OF STOC: Bk. Stock lied. 78ff Cons. shut 31 per Cent. 68,1! 4 per Ct. 96ii Navy Long Ans. 20 5-16 . 4.1141151MM8 LONDON ; Printed and published by Lans. KM', TOP Turple-Bar. 1 7 : it . 11 of .on kt rr r 3: e 0 be . / tt de Pr • Fr , 1 4 be 's to Tt .11 a IR L An R r, e SE. ;or le :46 .ICt Sre 1111 ft tit :71 It. L ,h t At it the et td .41 e: I te 3 a t es ed 64 el Oa raw