Star. — London, England, 1805-05-30 00:00:00

LAW INTELLIGENCL CONSISTORY COURT , MAY 29. I'itANKLAND V. NICHOLSON. This was a Catile of nullity of marriage, iirdmnted by Anth:my rrankland, of the parifh of St. Mary ! •.bonne, againft Ann Nicholfon, fal 'ely calling her : :If Ft ankland. By the proceedings it appeared, that Anthony Frankland and An*Nicholfon were married cn the 19th of Oaober, 14303, in the parith church ci it. Paul, C; , .tent-garden, by the officiating Milliner Of that narilh, by the false and affumed name of Ann Rofs, in purfuance of the banns of matri mm,y, three times publifhed. On the part of the litifband, it was argued, that a change of name to be cmilidered as a tree name, Mutt be by the King's Royal Licence, cr ACT of Parliament, and therefore mull have been a fraud praaifed on the hufband relpta to the parentage and family of the par t T ....Wit whom he . was about to coatraa. It was alto fraud praCtifed on the Clergyman, and likewife ti ....inn the law, which was x principal point in a tof lunice to be contidr.red. On the part of t.:*uife it was contended, that there had been nn s ta nd committed on the parents, inafmuch as both the I ).trti•!s %%Trenf legal age; and that if the party was deceived hit refpea to the name, he could not be as to the perfoa on whom he - had fixed his affeCtions ; and further contended, that there was no fraud what eer to affea the rights which were intended to be tallained ;:y the Marriage Aa. The Court faid, it s".s clear in this cafe that fraud had been pranifed, :Lad therefore was of opinion that the marriage 'vas not a legal One, and mull he pronounced null and vcid. COURT OF KiNG's 13ENCH, MAY 2S. Liss. PhsFLort NEw-rox.. . . This lady, in the ulual form of fuch ceir, exbi hittd articles of peace aga;nll-her hufhand, Richard Newton, Efq. of Warley, in.EfTex. By them it ap. pained, that at the time of her marriage, the confer led on her hufband an annual increafe of Soo:. It eras ft;:red that the was ti eared with cruelty and vio lence ; that in Sepicmber halt he prefented a loaded pistol to her head. and fliblegoent;y, on her return from a villt at Rom . lord, her life u a, in fa much days ger fr om his unbridled indignation, that takingadvan. tage of the darillefs, of The night, the deal* to a neighbouring cottage, where the remained concealed fur Tome time. MAY 28.-FOX v. ecntow, 'Ws u , lts an action brought to recover the urs end occupatio: , . of the Plaintiff's horfe. The Plaintiff , in this cal . ?, was a dealer in horfes, iefiding nett'. Hendon, in the county of Middlefex, - and the Defendant was an Attorney, living in Chan eery-lane, and havng a houfe alto at Kentifh.town. On the part of the Plaintiff, Mr. Easstus ftated, Out, on the isith of January laft, die Plaintiff being at Eylefbuty Fair, purchafed the hail:, or rather poney, in queftion, frOM a perfon •of the name of Bornidge, who was then foxant to Sir, William Young, Bart. for 41. los. • A few days after, being at Smithfield, with the poney, he was claimed by the Defendant, as his property ; the Plaintiff was taken into t;ultt.dy, On full. 7 eion of being a both ftealer, end the Defendant kept poffellion of the po tty tve fence. Sir William Young (who gave his teltimony from the Bench), and fix of his fervants, fwore pofitively to the poney, in where yoffeflion he had been for four years ; and Horniagt, who had fold him by di tatiOn of Ids tnt 4 tter, itatcd, that he alio fold the bridle, whiCh he afterwards recognifed with the De fendant ; all the witntffcs (wore to the particular mark of the letter 'l'. on the off hind flank; and the Defendant, when a 4 ked by forte of them, what raatks his horfe had got? replied, he had not coy. The cafe made out by the Defendant was, that he had the poney in queftion for near five years, for the ufe of his daughters, who were •accultorned to ride him about in the neighbourhood of Kentifli town; and that, about the time the Plaintiff purchafed him, be had been Roden from the Defendant ; and being teen in the poll - Ann of the Plaintiff, at Smithfield, was feized and taken ftom him. A great number of atirneffes were called on behalf of the Defendant, who fwore to various marks about him, but, only one frore pofitiiely as to the mark of a T on his off hind-flank ; fome (wore he had a mark of a cut, which had been feared up, on th: ; but, the farrier's book denominated it the eye-brow. One of the witnefres (Mr. Joyce, a cow keeper;, in order to prove the identity, (wore that the pones?, being accuftorned to graze at different Info= with l'im, was brought to his yard after he Was taken from the Plaintiff, and, by way Of experi- meat was let loofa near his farm-yard, thi Which plate the poney immediately direded his cantle, and proceeded to a filed, where he had been accuftomed to ea rains with the cows ; and, on another occa lion, his recognifing an acquaintance with the Defen dant's mare was contidered a proof of his identity. Lord Etttasttoucii, in funiming up the evi• dcnce to the Jury, obferved t that much contradidory teflimony had been given in this cafe, but, on the part of the Plaintiff, it bad been circum Rant ial ; the poffellion of the poney was traced regularly for lime years back, never having 'seen out of the poirecion of Sir William Young, during the whole of that time ; and all his fervants uniformly (wore to the fame mark; whereas, on the part of the Defendant, tire hurfe had been out of his poffellion at times, and the witticEs -.vied exceedingly in their crLience, as to the parti ettlar marks of the horfe.—The Jury, without much rl:l;!)eration, found a•verdia for the Plaintiff. PAILER V. O'ARIIEN. I'i is was an affion of ejeament, and the only quer ; nn tG :he cafe was, whether the notice to quit ea r fired at the fame quarter as that at which the tenancy commenced ? The Defendant had lived for twenty (even years in Craven. ftreet, Strand, and had incau tiouily ,:ohlelfed to a diftrefs broker, that his tenancy cummcnced at Lady-day, and this man having been employed by the iandlord to obtain the fat!, the no tice to quit was made out accordingly. The Defen dant called Dr. Kennedy to prove that he entered his houfe at . the Chrilimas quarter, by laying that he called on Mr. O'Brien on the 23d of January, 177,9, the very day he had been married, and found him giving orders for furnithing his houfe, into which he had jul' before moved. Lord T ' LLENRoitoor.al obferved, that there was no- . thing fo common as foi perfons to enter upon premifes time time before their rent commenced, and as the Defendant had hirnfelf Rated the commencement of his tenancy to be at Ladrdat, he thought the jury uld take his own 'word in preference to any one's elfe.—Verdiet for the Plaintiff. ItICHARDSON AND STUANT 9. WM.:GLINDIN. The Plaintiffs are merchants at Newcaftle-upon- Tyne, the Defendant is a taylor in London ; and this anion was brought on a Bill of Exchange accepted by the latter for zzBl. 6s. 6d. To this there Was a let-off, and the balance claimed was ;54 tos. ; td. The only quellion, in the caufe was, whether the Plaintiffs had entered into fuch an engagement with the Defendant, in fraud of his creditors, as preclud ed them from fupper!ing this :talon on the Bill of Exchange ? I • After Mr. PARKS had been heard on the part of the PlaintilTs, and Mr. gaenow for the Defendant, confirmed by their rerpeltive witneffes, it appeared, that the Piaintiffs, had finned no deed of mill, and a Verdid was found in their favour for 1541. ;6s. ; id. In the cafe of " Dowlie v. Prudence," a verdict was found for the Plaintiff, 61. los. ; and in that of " Belchamber v. Dance." the Plaintiff was nonfuited. WEDNESDAY, may 29. —ROACH V. CLARK.F. The Plaintiff was Mate, and the Defendant Cap tain of the fhip called the (teen Charlotte.. This anion was brought for an alfault, committed during the pAtfage of the laid (hip from BAlbmioes to Su t inam. Mr. ERSKITIE, for the Plaintiff, faid the ai9inn was brought with the concurrence and under the aufpices of the firti merchant in the world, who, jointly with another Gentleman, was proprietor of this veffel— he meant Sir Francis I3aring. The cafe faceted great dithonour on the charafter of the Defendant, and very nearly affeCted the commercial importance and naval fuperimity of this countt y. The thip was configned to Sir Philip Gibbs, who was much pleafed with the. conclud of the Plaintiff, and conferred on him a particular mark of his favour. I : healer this gave umbrage to the Defendant he did net know, but the particulars that would appear in evidence, would exp4e a (tepee of defeCtive difcipline, and of wanton cruehy, which he (the Learned Counfel) for the honour of the Eng s lilh name, would have berth happy (if the purpofes of public juliice had perinitted n) should have been for ever concealed.— In confequence of this outrage, the. Plaintiff, a re fpeelable and fuperior officer, was inhumanly lacerated with an instrument called the Thieves Cat, which is only ufed nn boa; d of Ihi ps on thole occafions nn which the halter is employed on fhore, that is, for theft and capital offences. Fur the damages due to the Plain. ti for the difgrace and corporal fuffering he hal t,n -; dergone, this aaiun WAS brought. • Henky Ballard, an apprentice in the Q2cen Char depnfed, that the Defendant had threatened to put the Plaintiff on board the Cu: hats, the !hip of war having the trade to Surinam tinder c onc . : o y: The Captain of the Q2een.Charlotte, on the tsrtr of September, 1804, went on board the convoy ; and brought back with him, in a !late of intoxication (he being himfelf in the fame condition) duce Liente• nants, one of whom was the Commander of the Cu. ricux. They all incrcafed their date of intemperance by copious draughts from the limes of the (I, 2 een Charlotte. The Plaintiff was, then on watch, and one of the Lieutenants, prefelitly forfunk the cabin. and began an altercation with him. The latter, &f -rilled with this Interruption while he was on daty, returned oath for oath, and in the fequel the Captain of the Q2een Charlotte and the other two Lieute nants inter poled. The Mate was then charged with " dunning his Majetly's Lieutenant," and after at . - faulting him with blows, they hurried him into the boat of the Cntieux, and with Uri three O ffi cers and the boat's c r ew, put off, the Captain hallowing oat, .1 Take the rafcal on board and point (A) him well," It was in vain that the Mme fun; (called) out murder, lit vain that he impllred to have his clothes to protect him (he was , almull naked, and in this Rate conv,:yed towards the armed brig.) The fame , a itnefs raid he afterwards law him—lte had been whipped with the Thieves Cat the fol lowing morning ; he was dreadfully cut, and his wounds were relict Ins, having received no furgicat affillance. _ _ The Soitcrrna GENERAL admitted the great in,- proprty of the Defendant's conduct, but contend ed, that although he mull be reiponlible for d.tnia• ges for the afttult on board his own (hip, yet that he was not anfwerable for the inhuhrm treatment the Plaintiff had received on board the King's (hip. Lord ELLENISORoUGH.:--" It is for you, Gentlemen of the Jury, to confider, if the Captain had not put the whole of this ha/barons proceeding in motion— and on your judgment, as to this particular, will de pend the quantum of damages you affign. The con du.t of the Officers of the armed (hip has been molt difgraceful, if the evidence given this day be correct —they have difhonoured the Commiffion they bear, ' and they fhould not be permitted to retain it, until, before the proper tribunal, they are purged of this heinous offence. It is not to be endured, that the trade of the country, inflead of being protetted by the perfons to whom that important duty is entruft ed, fhould be thus abandoned in the exceffes of ine btiety, and that thofe who arc fo mates ially hiltru mental in the condo& of that trade, fhuulci be ex pofed to this violente of aggreffion." His Lordfhip proceeded to comment on the vat i ous parts of the evidence, after which the Jury found a Verdict for the Plaintif f , tool. a• CLARKE V. t. CHARLES. The Plaintiff is a Bank Clerk, the Defendant is a Wine Merchant. This aelion was brought for da mages for a violent all:suit. Mr. ERSKIVF, for the Plaintiff, faid, the parties, with about four or five other perfons, were at Old Slaughter's Coffee-honfe, when an altercation took place, and which would appear, by the evidence, to have terminated very fericsufly for the Plaintiff, whole life was endangered. Mr. Seaton, a Stock broker, was one of the cow pany. He deputed there was a quarrel, and the Plaintiff laid, .4 It would be a pretty thing for two Bank Clerks to go ont with piftols, and that Arnbrofe Charles (the Defendant's brother) would be a good butt to Amor at." This fubfequently produced a let ter from the Defendant, which contained a challenge. The Plaintiff did not comply with the requifition of an immediate fatisfaeory anfwer ; but he told the bearershe had a wife and three children, and "would not rilk his life in fo foolith an affair." Soon after this the Defendant entered the room, firuck the Plain ' tiff down with his nick, and continued beating him until the company interpoled, the Sarg:ons who attended the Plaine' depored that his hr..td was cut to the priers/Ns. that the inters; meat: above were divided, and tha► the eartilogiaxs parts of the note were injured. After a few words for die Defendant by Mr. CLIFFORD, a verdict was found for the Plaintiff--cia. mates Sol. OLD BAILEY. Yeflerclay the Selßons commenced at the Old Bai ley, before the Loan MAYOR. Mr. juitice Gauss, Mr. Baron Gamiest, ke. when thirteen prifoners were tried, three of whom were capitally convieted, viz. yofitk KY. iflgh•ieb , was indi&ed for Realing in the dwelling•honfe of Chatles Dennis, Efq. three boxes, containing plate to the amount of soot. .The Profecutor, who refides. in Dentinck-greet, Mary.l4.Bonne, .hired the prifoner into his fervice as footman, a month prior to the l'hurfd a y in Ninon. week, on !Alija day he ahfented himfelf from his fer vice. The Profecutor rang his bell fever:ll times in the evening of tho day Rated, when he found that the prifoner was not in the hook, and on his fearching his bed-rnom,lie found that his plate had been itolen. The prifoner had called on a milkman in the New Road, of the name of Soley, at ten o'clock after he had left his maHer's hence, and informed him he was going into the country. Soley faw two of the boxes put into coach, and he accompanied the ptifoner part of the way to Bilhopfgate-Itteet. The property was traced to a public-houfe at Pockeriige and the prifitner was foon after &cured by Rivets — Guilty— Death. . .4 &Inas Garland and jam Davit , were indieted for (leafing. in ,the Houk of Sarah Curtis, ro guineas, ao halt. uineas, 81. in flyer, a number of leven thil ling pieces, 51. in penny pieces and halfpence, and two one pound Bank of England notes.—lt appeared from the evidence, that the Profeentriz keeps a (mall (hop in Long alley, Shoreditch, and lets the remain ing part of her houfe to lodgers. On Sunday, the 28th of .April, the went to the country with her daughter, a child of 14. and left the money, which the !hid was all the was worth in the world, locked in a drawer in her parlour, which communicated with the (hop. The ltreet door was ufually left open for the convenience of the lodgers. About feven in the evening the Profecutries daughter returned before her mother, and faw ?he prifoner Garland come out of the parlour. She alarmed the neighbours, and he was feized, but had the addrefs to prevail on the per • fon who flopped him to let him go. The ptifoner Davies was leen in the paffage oft he houfe about two o'clock, by a lodger who was going to his room, — The !beet door was at this time bclted ; but, upon the lodger knocking, it was opened by Davie, who walked off. On the 15th of May, both the prifoners were apprehended in a room with Tome women of the town, and there were found near their pertons rime pick-lock key, but none that fitted the door of the Prnfecutrix's parlour ; there was 'rime of Islrs.Curtis's property found upon them. Each prifoner cndea- Vowed to prove an aZi f tint without fnecefs. There were, hi.wever, Lowe circumflances of doubt in the case.—'!'he Joey retired, and after deliberating nearly an 11.1 m-, fOund both the prifoners Guilty, but recom mended them to meicy.—This trial occupied the greater part of the day. Seen were convidled of felonies, viz. It. Evans, J. Fagan, Catherine Kelly, G. Dnckham, G. Brigs, Either Merriman, and . Margaret Bucknell, alias Brown; and three were acquitted. 7r• - MIDDI,ESEX SESSIONS. Cattatosto.—Yetterday Edward Rsjil Brennan, a ferje.tnt rem nitinglor the Eight Regiment of Light Dr goons, now in India, was tried on a charge of ME:tilting and fAlfely imprif.tning Mr. Hillier Le Cheminanr, a ferjeant in the 4th Company of the lion. Artillery Corps of Volunteers. The profecutor Rated, that on the night of the 19th of January, he was returning from one of the thea tres to his lodgings at Walworth. He flopped to take tome refreihment at a public houfe on the Sur reyfide of AVellminiter Bridge. The prifoner and fome other perfons were in the room into which the profecutor went—and, after fome insrodu6ory con , verfation, the former at tirß infinuated, and then made a dire& charge againfl the profecutor, that he was a deferrer. Some of the company remontlrated in vain, and the Gentleman faid, that he belonged to the Artillery Company=the recruiting ferjeant drew his (word, and conveyed the profecutor to a watch-houfe, near the Ohelifle in St. George's Ficlds. The Conftable of the night would not take charge of him ; but the light horfeman faid that the profecutor was a defcrter, and had robbed his comrades. He then handcuffed Mr. le Cheminant, and marched him back to Wellminfter Bridge, and over to the Tilt yard, near tke Norte guards, where he remained a prifoner folaear_thirty hours. Several officers of the ArtilleryCoips called there, to prove that he was a volunteell, 31114 had been fo for about is months— the pr . faid that he defence! from the army ' abo ' si nce . But this was of no avail, Mr. C.Aftras ore Col. Robertfon, the inipeding Ar c. , ofEcer ofitlltt diltriCt, before whom he was faid to have paffed as a recruit. Both the Colonel and his Clerk declared, that no fuch perfon had been paired before them ; and Brennan could not tell wh a t Re giment Mr. C. had belonged tn. The parties then went to Queen-fquare Police Office, where the re cruiting ferjeant laid, that Mr. C. had affaulted him. This charge was not fithtlantiated, and a profecution was recommended to be commenced againft the re cruiting fetjcant. When put to his defence the time of trial yellerday, he laid that feveral , perfons had lately defined from the army ; if it•was not the profecutor, it mull have been his twin brother who had deferted ; and he thought that he was doing nothing hut his duty.— The profecutor, however, (wore, that his only bro ther was a fltilor on board Sir J. Sanmarez's flag Chip, and had beenfo for a longer (pace of time than that of the alledged defection, as could be proved by a reference to the ( hip's book s. The C„AIRMAN then obfervee, that Recruiting Offi cers were very frequently cenfured upon very light and infufficient grounds, and lometimes it appeared that they were guilty of improprieties for which they deferred to fair the punifhment of the law. But here was a man (erring his country in the moll ho- nourable way that was pollible for him to ferve, and he was attempted to be torn away from his friends. The manner in which it was done too aggravated the Arence ; and the Court fentenced the prifoner to b imprifoned three months in the Houfe of Cortetion If it were not that the public might he hp ive of a fervant who might other vile be ui;fil r. them, he fliould, perhaps, have -received a heavier punifliment. CHALLINGII.-7. Ifedglin, a linen draper; was cr.n• viaed of a challenge to J. Sharp, a ,lefigner of ornaments for paper hangings. SOme accommo dation bills had been palled between the parties, and difference of account arofe, Which occaft , ned the prifoner to write a letter to the prok•cutor in which the latter was &fired to meet the former as a Gentle man, or he fltould riceive a kicking from him. The CHAMMAN was olopiniqn, that notwith(had • ing fuch exprairmr, between Officers in the armF or • pci lons in the higher walks of life, Might he th,ou: l ,i. to wound their honourable feelings in fuch a In inner that they were apt through Inch miitakeit ideas refort to the fitisfaaion of a duel. and a Jury rn;g'it have forme ennfideration for them on account of 'heir habits of life, which too frequently impreffed filch ideas on their minds, but if tradelnten Were to 11:o recourfe to this praCtice upon eve, y difference of :ac count, prGfecutions of this fort would be endlefs.—. The words might admit of two meanings, and it Wi:4 • for the Jut y to decide which they thought the molt natural interpretation. The Jury deliberated abort twenty minutes, and then returned a verdk of—Guilty. The Court, !mu. ever, delayed pronouncing fcntence till a future day. yynes Walmfiey, a timber merchant, living on the PaddingtonCanal, was indieted foraffaulting Hatriet, his wile: The Profecutris Rated, that the lived feparately from her hufband (ince Angua hill, when lit turned her out of doors. She bad often quarrelled with her hufband before, and had, at one time, indAed him for ill ulage, but was induced to forgive him, on his promi(ng to treat her better. In Auguit bit, he turned her out of doors, without allowing hei any thing to fttbfift on—Co that the was obliged to live on the charity of her friends. The ptifoner, (ince /Ail ing from her, had taken another woman into keeping —lhe went two or three times to him, to prevail on him to allow her fomething to keep her from Rarv ing ; and on the 22d of Auguil, which was the half day the called, be abuied and heat her in the moll vi olent tuni.'aer, which canted loch an effulion of blood from her head, that the fainted in the houfe of one of the neighbours, where the had been conveyed. The defence let up by titeip:ifoner was, that the profecutr ix had an improper conneelion with another man, but this not being fubliantiated, the Jury found the prifoner guilty ; and the Cow t fentenced him to one month's imp, iionment, and to gi7e fecurity,him• fell in tool. and two others in 0. each. A correfpondent, fpeaking of the diftrefs of Mi • lies from their Childien happening to .; anger, fug. gells an idea which might be eafily realized—chat a Houle in fume centricallitnation, as the Strand or Fleer.dreet, fh,mld appnin::d for Vie I.,fcrs and finders olChildren to refoi t to, and that a fund fhonld be eltablithed to defray the rxpence. NVe hope Conte of our benevolent readers will fet about h. It only reputes one or two patri-Aic charaCters to the a little to inftire complete fuccefs. On Saturday laft a Court Martial was hell on board the SaLvarma, on the Matter of the Dolphin Itorelhip, for ftriking the Lieutenant. After an im partial invelligation of the whole circumftan:es Le was foundguilty, and fentencedfor death, but ftrongly recommended to mercy. On Sunday was interred at St. Clement Danes burial ground, Mr. JAMES PARKER, an emineht por trait and hidorical engraver, whore talents have been for many years employed in ornamenting the belt editions of the Erigiifh Claffles, and other works of talk, which he rendered Rill snore valuable by the fine[ produitions of his art. His lots will be much regretted by the amateurs of fine engraving, but to his friends, (and he bad many) who had the plcafure of knowing his equability of temper, his fuavity cf man nersi and his integrity of heart, his death mutt be for e'er deplored, though by none more that: by the. Society of Engravers, of which he was a Governor, arid by whom he was attended to the grave. By his zeal and indefatigable endeavours, he contributed much to their formation into a fociety for the bell of purpofes, humanity; and his exertions will long be remembered by the fatherlefs and the widows, of thofe of his profeifion, who may be left in neceffitous circumllances. Mr. Foora, the banker, who fell a facrifice on Fri. day to his paffion for (ailing, had jolt got a new boat built, and, accompanied by his finer, and two ler. vants, went the beginning of the w eek to Gravelend. On Friday they embarked, and failed up and down, when, on a fudden, a breeze from the Lai upfet the boat, which instantly funk, and it is fnppofed the body of Mr. Foore is under it, as it has not yet been found. Mifs Foora was buoyed up by her deaths, until the was taken up in a Rate of infenfibility. One of the debtors confined in Newgete effeMed his efcape from that prifon at three o'clock yefterday morning. He let himfelf down into the theet by a rope. We underhand i.e was confined for a (mall Turn, between ten and twenty pounds, • Yeflerday morning, about two o'clock, as the Nor wich ttage, loaded with felons, was on its way to London, they attempted to efcape, and leaped from the coach with their irons on ; one jumping upon the bar, being chained to the reit, afro: Jed time to fecurc ihem. About nine o'clock they were lidged in the New • goal, Borough. A Bullock of the following remarkable fine, bred by Colonel Harawroa, and tad by Wit. Arrcutsrur, Efq. of Clement's Wells, was lately killed at Edin. burgh : Beet; 26ci (tone, 241 b. per none • Tath.vr, a (tons, 2.211). per Rime - Skin. 13 Rohe, 221 b. per Bone &fides offal. 2,240b5. 39S 264 FIFTH Day.—The ticker, 27,749, drawn a Prize of 2,0001. was fold and regittered at 13:sn's Offices, to an eminent Attorney, at Newest*le on Tyne.— The ticket 13,00 t, a hize of wool. was fold in (hates, and the lortunate holders may receive their money on demand.—Undrawn tickets and (hates will continue on fale at both BISH'S OfIiCCS, 4, Corn hill, and 9, Charing Crofs, whiltt any rtmain.—Tke wheel is immenfely rich, and tickets are getting fcarce ; the firft drawn ticket nest Tuefday is entitled to zo,oool. in honour of his Majetty's birth day.—ashera are only five days more to draw. 1 00