Star. — London, England, 1818-01-23 00:00:00

Lane Theatre, were administered to in Doc ,ommons, on the 15th inst. They were sworn be under two hundred { pounds value. Probate of will was granted to Mrs. ELIZABETH WILLZTT. Lower Belgrave-place, the sole executrix and uni ' legatee. The will was dated the 13th of Sep .er, 1817. The deceased Margravine of BAYREUTH has left h' r will, which was opened on the 26th of De 'tuber, 2000 florins to the poor of Erlangen, her fine .snuy to the University, and to each oiler servants legacy, in proportion to his rank and service, of 500 florins, 12,000 gorhu, tf.C. Her nephews, Princes of Brunswick, inherit the greatest part of jewels. Coax EICHANCII, MARK-LANE, JANUARY 23 addition to a considerable quantity of Wheat and ty that remained over from Wednesday's market, had further arrivals this morning from the Suffolk st, for which article the trade was very heavy, prime samples obtained the same prices as on _lay. The inferior 'descriptions of Barley are per quarter cheaper, and go off slowly at that !edit*. In Piss, Beans, and Oats, no alteration. Ming AmtatcA. Gentleman has arrived ht London from the u va rnish, which place he left on the 7th of Decem- •, sit days later than the date of the articles stating ia r a ire of MitlA with a part of his forces. He t h a t a report had certainly been reCeived of 1- • defeat ; but, previous to his leaving Havan - ; positive accounts had arrived from Campeachy, icting the former rumours, and stating that Patriotic General was still at the head of a nu- .us force, and had been successful against the 1 , t •• ts in several minor actions. rim ARM : s row reported that Sir CHARLES COLVILLE ibe the new unvernor of Halifax ; and Sir•LOWBY M . L s for Ceylon. It is a fact not gene rally known, that the Earl of ° czroN (Lord )li:ilitaY), is the only one of the - created Peers who declines receiving any Pension. 41 was at first said that Lord COMBERMERE had de- ;l. tied, which was a mistake, he receives the 2000 L r • um—Sallie as Lords BERESFORD and HILL. ✓lt is generally understood in the Court circles that Qum/ will hold a Drawing Room on the 26th of bruary. °' Yesterday the Doctors attending the Duke of ORR reported, that his Royal Highness was imprd- v ery fast. Earl BATHURST bad an interview 3 • the Royal Duke in the morning. e . Tuesday the Duke of CLARENCE left Brighton for „, ..,.. place, and dined there with Capt. &tweeze: afterwards attended the Ball at the County Hall '‘ Lewes, given to their Commander by the Officers 4 ! Captain Saimaa's corps of Yeomanry Cavalry, c. was most numerously and elegantly attended, his Royal Highness frequently joined in the • e. From Lewes his Royal Highness returned to be-place to sleep, but after he had some time re- , to rest he became suddenly indisposed. To- ds eight o'clock, on Wednesday morning, an ex- reached the Pavilion, at Brighton, with an ac- o . of the Duke's illness, and the Rzoiter's Physi- • in Ordinary, Dr. TIERNEY, in a post-chaise and a, toss presently on the road for Combe-place.— •4 . THIRNEY returned to the Pavilion about eleven deck, and the account he brought considerably al- ' ,•ed the anxieties of the REGENT. The Duke had .; . much pain from spasms in the chest, owing obstructed bile, but received great relief, and was uch better before Dr. TIERNRY left him. His Grace the Duke of WELLINGTON arrived at an College yesterday morning, about ten o'clock. a visit to his two sons. , His Grace was received the Masters and Stewards, and remained about an .ur. When he entered his carriage he was cheered y the young Gentlemen of the School. Colonel GRANT, of Grant, has, in consideration of deficient crops for the last two years, given great ' ductions to a numerous class of tenants, on the very sive estates under his charge • and Sir lENZAII . erarosa, of Mackintosh, has ;lso deducted.,ls, • I and, in some cases, 30 per Cent. of the rents of years. . • , Mr. Home, of Long Acre, an able and indefati- e chymist, has published another Letter on the s of detecting Arsenic, when used as a Poison. • fnbject is so interesting to humanity, that not every Medical Practitioner, but every Coroner, • persons likely to be called up to sit on Inqu.-ats, , t to make himself acquainted with the infallible -• which he has ascertained. His first proposed, in l&)9, was silver ; he afterwards suggested a method of detecting arsenic, by converting it to an arsenate, by the aid of nitrate of potash.— , agnesia, barytes, lime, and other earths, have been sad eligible tests—and alkalies in general may be ployed. Mr. Hums tried ammonia, and this led • to form a triple salt, either with silver or copper, di this alkaly, which he now considers as a most • table acquisition to analytical chemistry. About five o'clock, on Wednesday afternoon, near it e five-mile- s t one , on th e H arrow - roa d, a waggon , vily laden, happened to stop for some time, in ! ich interval a fine boy, about four years of age, ng at play, unperceived by any person, twisted the , on chain at the tail of the waggon which passed be. the spokes of one of the wheels, round his k. The wagoner drove on his team, when the , fortenate child s head was completely severed from s body. Monday night some villains broke into Kenning- ▪ a Chapel, whence they stole a great number of c aver-books, testament s , & c . Th ey a l so b ro k e i nto e Vestry-room, forced open several drawers, and • *ed off the communion plate, surplices, and seve- • other articles. Friday evening, a Mr. WILSON, a gentleman lately the Commissariat Department, made his debut at ewcasde, in the character of /riga. The Maidstone Theatre closed for the season on , onday evening with the Heir at Law and the Devil Pay, in which Dow - TON, of Drury=lane, performed Ir. Pan gloss and Jobson to a crowded House. The efitts of the late Mr. ROBERT P ALMER, of I ' -lane Theatre, were administered to in Doc- Sri' Commons, on the 15th inst. They were sworn '' l Obe under two hundred i rnds value. Probate of e will wa s grante d to ELIZABETH WILLETT, ; c Lower Belgrave-place, the sole executrix and uni- ., rsal legatee. The will was dated the 13th o f Se ember, 1817. The deceased Margravine of BAYREUTH has left 11 , 1* will, which was opened on the 26th of De- 'Tuber, 2000 florins to the poor of Erlangen, her fine -Iraq to the University, and to each other servants guy, in proportion to his rank and service, of /,(100 florins, 12,000 florbu, &c. Her nephews, e Princes of Brunswick, inherit the greatest part of er jewels. CORN LICHANOE, MARL-LANE, JANUARY 23 addition to a considerable quantity of Wheat and 1• arley that rem a i ne d over from Wednesdays market, .e had further arrivals this morning from the Suffolk . 45 4 for which article the trade was very heavy, prime samples obtained the same prices as on edusday. The inferior 'descriptions of Barley are • • Per quarter cheenev_ A 211 tors nir el •I• •••• • NAVAL INTELLIGENCE. 1.4* IlinattENCE r4;v2.ti,b gs WVRT OF KaMS BENCH, JANUARY HODGSON C. SCARLETT, ESQ. We mentioned thissiegular and very important case, on the motion by Mr: RAIN; early in the last Term, to set aside a nonsuit ordered by Mr. Baron WOOD, on the trial at the last Assizes for Lancashire. The action was for slander, the plaintiff being an Attor ney, and the defendant the eminent Kings Counsel. The words were alledged so have been spoken in the course of a cause of Norris v. Cormick, tried at tIA preceding Assizes, and they were thus inserted in the first count of the declaration :—" Some actions are founded in folly, some in knavery, and some in both. Some in the folly and knavery of the Attor ney, and some in the folly and knavery of the party. Mr. Peter Hodgson is the Attorney of the plaintiff: he drew the promissory note fraudulently, and got Bowman to pay into his hands the sum of 1501. flit the benefit of the plaintiff. This was the most frau dulent thing I ever knew done by a professional man. Mr . Peter Hodgson is a fraudulent and wick ed Attorney." Mr. Justice HOLROYD first read the Report of Mr. Baron Wood as to what passed on the trial, noticing the ppening of Mr. Raine, who led for the plaintiff at the Assizes ; after which his Lordship declared his opinion to be, that the action was not maintainable,, if the Counsel did not wander out of the cause, and if what he stated were relevant to the matter in issue: .slander in a judicial proceeding, his Lordship 'that be apprehended no action would lie ; it scandalous or impertinent matter were introduced rota"- bill in equity, the question was referred to the and if he reported in the affirmative the 'plaintiff was compelled to pay costs ; but his laird 'ship had never supposed that an action was main tainable upon it. The Counsel for the plaintiff had submitted to to be nonsuited, the words being ad mitted. The Report having been concluded, Lord Euxii- Olloovou observed, that it was there stated as an Astenistion by Mr. Raine _far the plaintiff Hodgson, that the words spoken by the defendant were rele. vant and pertinent. Mr. RAIN i t for his own sake, felt called upon to , state, that he had made no such admission : he had contended that that was a question tor the Jury. He had submitted to the nonsuit, in deference to the strong opinion of the Learned Baron, having, at the lame time, an undoubted right 1d ,go to the Jury, if he had chosen to do so, that they might decide tramtiot, how far them was any ground for the . The relevancy might, perhaps, have been admitted for the sake of Argument, but certainly is oo other way. Mr. TOPPING, for the defendant, said, that the, sdmissionitif the relevancy had formed a very pm-, minent feature in the proceeding. The observation of Mr. Scarlett had referred to a note proved, in the case of Norris and Cormick, to have been given by Bowman to two persons of the names of Cormick and Spittal, and it was connected with the sale of a ship, us which Norris had a share. Mr. RAINX observed, that these facts did 1110 t ap pear on the Report. Mr. TOPPING contended that be wait&ar.— Norris Cormick had been fertunatel 7 before yir, Justice Bayley, who w ou ld reco llect the facts. He thin ProCeeded to shear cause against the rule, observing, that it was quite clear by the Report, that Mr. Baron Wood was right in directing the nonsuit; the Learned Judge had, however, fallen into an mot where he stated that the Counsel for the defendant admitted that the words had been spoken ; no such admission was made. Mr. Ramie allowed that the observation was war ranted, and that the Learned Judge only meant, that for the sake of raising the point on which he nonsuit ed the words were admitted to have been spoken. Mr. TOPPING regretted that he bad not been pre sent at the trial on account of illness, and conse quently that he had no note of the opening of Mr. Raine ; he had, however, distinctly understood that Mr. Raine had conceded that the words charged as slanderous were addressed to a Jury in the course of a cause to the facts of which they were relevant.— The Learned Baron had then asked if the plaintiff could prove malice, and the answer being in the ne g-ative, he interposed again, and required to be shewn a precedent for the proceeding, but none was produced : then it was that Mr. Baron Wood ob served, that if such actions could be supported, it would be most injurious, not merely to the Bar, but infinitely more to the public. On the motion for the Rule Nui last Term the case of Brooke v . Si r H. Montague had been , referred to, in order to chew, first, an instance of the kind ; and next, that the de fendant had put on the record a specialpl i ea of just i . fication, from whence it was to be ircl,d that lie could not have gone into his defence - tinder tl* ge neral issue ; but Mr. Justice Buller (N. P. 10.) had held expressly otherwise.—" The defendant may, by way of justification, plead that the words were spoken by him as Counsel in a canoe, and that they were pertinent to the matter in question, &c. ; or he may gyve these matters in evidence upon the general issue, for they prove him not guilty of the words mali ciously." No language could be stronger or more to the point ; and if the fact that the words were ad- In addition to the effects of the weather of last week devised to a Jury in the course of, and with reference, in Scotland, we have to state that at Paisley the wind to a cause then pending, and without malice, did not blew more tempestuously on Thursday than on any afford a protection to a Counsel, what protection had of the preceding days, particularly towards the even- any Gentleman at the Bar ? their efforts for their in. Two buildings were overturned by the violence clients must be para)ised ; the Judges themselves orthe storm, in the tan-work of Mr. Thomson, New might not be exempt from actions of this kind, if in Sneddon-street ; part of the newly erected dye work the course of their charges to the Jury they found oc of Mr. Scroggie, in the same street, was demolished ; casion to animadvert upon the fraudulent or wicked a barn in Love-street was blown down, and the gable conduct of any party brought before.them. of a house in New-street considerably injured. Great I Lord ELtewaottoUGH expressed a doubt whether damage was done to chimney tops and the roofs of the words spoken were relevant to the matter in issue; houses, and the broken materials were every where they might be relevant to the promissory note, but strewed on the street. About four o'clock, a boy, it did not yet appear that that note was important to eight years of age, was knocked down, and almost the case : prima facie the argument for the plaintiff killed, by the falling of a can from a chimney top in this case might be thus shaped—malice or no ma in the High-street. I lice is a question for the Jury ; and if so, whatever The last mails from Carlisle and Dumfries to Edits- tends to prove or to repel it, properly comes before burgh, were carried forward in post-chaises, the roads them : all the circumstances attending the speaking being blocked ttp with snow—the former near Ha- of the words seemed properly to beleng to the same wick, and the latter at the C roo k. I f orum. T he speaking of unauthorized - and slander- Tuesday sennight, a man and his wife, both very ous words was o f i tse lf ma li c i ous , and the law did old people, who had been v i s i t i ng t h e i r friends the not require that at the time they were spoken there preceding day, in going home from Gilmerton to should actually be malice in the mind of the utterer : Loanhead, were blown sato ditch, aid both unfor- if the slander was unwarranted it was alsomalicious. tunately perished. I Mn TOPPING said that the promissory note was a MAILS T 1 'HIS DAYS Dubtin IVaterford Lift. DUL 1 0 0 1 Aar. I 1 0 0 110' Gurfosey and Jetsey 0 1 Holland 0 1 GkKtenburgh 0 5 France Hambutgh Flanders 1. • FALMOUTH, JANUARY at. Wind S.—Arrived the Prince Ernest packet, with Mails from Lisbon, in eight days. PORTSMOUTH, JANUARY 824 Wind S. S. W.--Arrived the Eclipse, WINTER, from the Downs, for the Isle of France. DEAL, J4NUARY Wind S. W.—Sailed last night the Marsh, Rtcu- TER, for Jamaica ; Barbadoes packet, BALSTdN, for Barbadoes; John and Ann, Roamsots, fdr Havan nah, and have come back this mornin. Came down from the River the John, VAUX , for Jamaica; Suc cess, MERCER, for Sierra Leone, and the Ocean, --, for Gibraltar. DOVER, JANUARY 22. Wind W.S.W. blows hard.—Sailed last night the Lord Duncan packet, Captain PASCOE, with a Mail and passengers for Ostend. Arrived last night the Leopold, Captain ROGERS, and l'lris, French packet, from Calais, with passengers. Sailed this morning, the Lord Duncan packet, Captain HAMILTON, and King George, Captain MERCER, for Calais, with passengers. LIVERPOOL, JANUARY 21. The Prince of Wales, of London, was boarded by Captain REID, of the Charles, on the Ist instant, about 40 miles west of St. Mary's. The vessel was abandoned, dismasted, and 7 feet Witter in her hold ; cargo mahogany. GRAVESEND, JANUARY 22. Arrived the Neptune, Hunter, from the Canary Islands; the Wellington, Davis, from Rouen ; Fortune, Biggens, from Faro ; Duke of Wellington, Martin, from Ostend ; and Admiral Grif fith, Mich, from Philadelphia.--Sailed the Mersey, Flint, tar Yucatan ; Percy, Smith, fur Jamaica ; Lady Ford, Smog, At Lisbon ; and Oak, Wymess, for Lisbon. • and he urged the dreadfully responsible situation in which Counsel would stand, if what his Lordsh4haci stated were the law: all comment upon evidence or facts must be done away with, for no . prudent man would run the risk of exposing himself, to an **SI MI% Justice Bayley, in the case bf Norris u. had been clear against the plaintiff, for whom Mr. Hodgson was attorney: it was in evidence, that - the plaintiff had already received more than was due to him, and that his attorney knew it, and a sunsuit was diieted accordingly : the promissory note was read, to which Mr. Hodgson had been privy, and by which his client's claim was mote than satisfied. He further begged to refer the Court to the case of Wood v. Gunston, (Styles, 462 ; and Yin. Abr. tat. Counsel lor, 478), it was in these words :—" Ott a trial at bar, on an action upon the case for words between W. plaintiff and G. defendant, it was said by Glysm, Chief Justice, that if a Counsellor speak scandalous words against one, in defending his client's cause, an action does not lie against him for so doing of his duty to speak for his client, and it shall be intended to be spoken according to his client's instructions." Lord ELLBNIOROUGH—Within the scope of his duty certainly . not. Mr. TOPPING added, that Counsel, in the honest discharge of their professional functions, might have different notions ; one might make an observation that another would avoid, or in stronger language than some might consider prudent, and yet without the least imputation or suspicion of malice : misera ble, indeed, would be the condition of the Bar, if Counsel were liable to have their words, uttered often in the warmth of an honest zeal, weighed in such nice scales. It would then be necessary for them merely to open the declaration, and call the witnes.. ses, omitting all comment, however necessary and justifiable. Advocates hitherto had been looked up to as a most respectable and useful body ; but if their rights, property, and even liberty, were thus to be put in jeopardy, it would be far better that the race should be utterly extinguished. , Mr. Serjeant HULLOCK followed on the same side. Two grounds had been stated by Mr. Raine s for his Rule to set aside the nonsuit: Ist, That the words were in themselves false ; Second, That as there was no justification on the record, the plaintiff must ne cessarily have been entitled to the verdict. As to the second point, it seemed clear that no special plea was required. 'Lord Ettenaoaouon.--Certainly every thing that goes to the repulsion of the charge of malice, may be given in evidence under the general issue. - Mr. Serjeant Iluu.ocz continued.—Consequently 'the first point was the only one of importance. Of course he could not mean to argue that -a Counsel was at perfect liberty to say all be pleased, or to ut ter all kinds of aspersions upon the parties or their attosns with impunity--; but in any action for slan der against him, it.vals , itecessary not merely to chew that the words spoken were false, but that they were malicious, and this not by inference of law, but by direct proof of a malignant motive. In ordinary eases it was enough to prove the falsehood and that malice was intended, but here there was a great dis tinction, as was shewn by the fact of entering into theaof under the general issue, Which c ou ld not be hit common actions for defamatory words. He itibmittid that the principle of law which go vemea'actions brought by servants againsttheir mat ters for false characters, applied to the present, vie. that express malice must be established in evidence. In support of this position, he cited Weatherston v . Hawkins (I T. R. 110); Edmondson v. Stephenson, (Bull. N. P. 8) ; Hargrave v. Le Gretton, (4 Burr. 2425); and Rogers v. Sir J. Clifton, (S Boss. and Pull. 587). Lord ELLEsmoitobou.—Malice, I agree, is to be proved, but in what way ?—by the absence of any justification for speaking the words, not express lice by a declaration of ill-will; but if there he no colour or authority for what is said, the law infers malice. Mr. Justice BAYLEY observed, that the stress of the case was, whether the words spoken were or we e not relevant to the cause ? Mr. Serjeant Htn.toce was ready to allow that when a Counsel went out of his way for the purpose of calumniation, when what he stated had no rete. rence to the matter in issue, but was a mere inven tion, malice would be inferred; but here the . carp was directly otherwise; the words, that Mr. Hodg son was a fraudulent and wicked attorney, had met rence to a bill of exchange material to the cause and given in-evidence in it.. The Learned Serjeant thee briefly related the leading facts as proved its the use of Norris and Connick, in order to shew that Mr. Hodgson well knew, before he brought the plaintiff into Court, that he (the.plaintitf) had no claim upon the 'clefteatkviti. that claim having been satisfied b ineriaitkilapromissory note, in the drawi ng o f w hi c h Mr. Hodgson had himself been instrumental. At the criatthfiiok of the detail, Lord ELLENNOROUGH said, if that be the state of facts, the words appear to be very relevant. Mr. Justice BAYLEY, who tried the cause of Norris v. Cormick, added a few material particulars to those stated by Mr. Serjeant Hußock. Lord ELLENBOROUGIL—II should seem that Mr. Hodgson knew that his client was bringing an action for money which he had been already paid. He is therefore not conducting himself as he ought tudo in bringing the action, and the question is, wl.eiher these facts do not sufficiently repel the malice ? Mr. Serjeant HuLtoce added, that if the nonsuit were set aside, the only consequence would be, that the parties would go down again to the Assizes, god at length arrive only at the same result.. . Lord ELLENBOROUGH called upon Mr. Raine to state whether he disagreed in the representation of facts made by Serjeant Ilullock ? Mr. RAINE objected to pledging his memory, but appealed to the Learned Judge who tried the cae,e, whether he had thought the obserrations of M r . Scarlett warranted ? summing up he had told the Jury that he saw nothing improper in the con duct of Mr. Hodgson, Lord ELtiusisotiovuu observed, that in the words t and tacked there might be some excess ; certainly Mr. Hodgson deserved blame for bring ing a cause into Court, when he was conscious that Ibis client must be defeated. Mr. RAINE contended, that whether he was or was not conscious was a point at issue. Mr. Justice BAYLZY observed, that in summing up CUSTOM-HOUSE, JANUARY 92. SNITS mum Isrwousa—The Mary Ann, from Calcutta; the Harriet, from St. blacks'''. ; Hero, frost Ostend ; Hammett, from Dunkirk; Neptune, from Ostend; Planter, from Hull; Cumberland, from Sc. Michael's ; Marie Francoise, from Caen ; Peace, from Cadiz ; George, from New York ; the Providence, from New Providence ; Ann, from the Canaries ; the Cadmus, from the Isle of France • Mayflower , from Demerara and St. Thomas; Jane, from O porto • and lionise, from Lisboa. Otrrwowno—The Matthias:on d , for I ndia ; the Prince Regent for Quebec ; and the John and • , for Rouen. The following is a list of the unfortuate sufferers, as also of the survivors, belonging to the brig Perse verance, of Aberdeen, lately lost : Datontras—Jame) Grant, mate ; Hobert Duncan, seaman ; Alex. Wilkie, seaman, of Dusadee—John Robertson, and Symers, seamen, not known where belonging so—Mr. Willitun Compton, and Mrs. Compton, passengers, from Gat d Canso. SAven—John Philip, master ; John Milne, boy. Aberdeen— Peter Smith, carpenter, Dundee. All the bodies were immediately after found, and very decently interred on Sunday se'nnight, in the Church-yard of Slains, with that of a seaman found at the same time on the sands of Forvie, many of the parishioners attending on the melancholy Occasion- tnesday se'nnight, a light sloop, apparently about four keels burden, was seen off Sunderland standing to the northward, the wind blowing a gale from W. S. W. She suddenly disappeared, and every person oitiooard must have perished. It is sn t e ,sed she had canted her ballast, and immediately with water. GREENOCK, JANUARY 1 6.—These several NV W. past, we have been visited with heavy gales 'Crop and S.W. and yesterday it blew with such fury, - as we fear must have caused many shipwrecks on the Test coast. The ships at the tail of the bank have aiiven con siderably : the Protector, Slat fhreed on the bank, where she now lies, and the Margaret, ALLA', is on shore at the hill of Ardmore. We ate infberned the latter will not sustain material damage,. but the cargo must be relanded before she can be floated of. DUNDEE, JANUARY 16.—For several days past very heavy gales have been experienced here. On Tuesday the flag-staff of the Old Steeple was blown down, and fell upon the top of the church with a tre mendous crash. Same day a vessel was driven on shore opposite Craigie, but it being only half flood at the time, she was soon got off, without having suffered much damage. INVERNSsiI, JANUARY 16.—There has been an un usual commotion in the elements during the week ; boisterous westerly winds, accompanied with torrents of rain and snow shower % have been almost unceas ing for the last eight days. The river Enneric, in Urquhart, came down with such rapidity on Tuesday, that it swept before it every obstacle in its course ; among others, it carried away the bridge at Drumna drechit, and two wooden bridges, a short distance farther up the same stream, shared a similar fate.-- The Ness has been seldom so much swollen as it now is. We fear much further unpleasant maritime intel- 1 1 ligence, particularly from the West.—We are sorry to learn that the river Morrison rose to a height not remembered by the oldest person living ; it carried every thing before it, and a correspondent states, that nearly 20,000 of the trees on its banks are now in Lochness, and the three-arched bridge of Toragoil, with a gl-eat part of the Glenmorrison-road, has been carried off, so that the passage in that direction to Skye is in the mean time stopped. . I II if I ► i 1 • ft I I 1 .