Star. — London, England, 1818-10-16 00:00:00

LINES SENT TO A YOUNG LADY, MISUSER or THE SOCIETY OP INTENDS. Tat may rant of their costume and brilliant head-dresses, " A la Greco'', a la Francais," or what else they will, They mai tai! of Nora which glitter in tresses Unwreath'd by the Graces, and braided with skill ; Yet, when all's said and done, to my eye the drab bonnet tithe loveliest of any, and chief when it wears, o t only the bright gloss of neatness upon It, But beneath the expression Benevolence bears! Then let Fashion exult in her vapid vagaries, From her fascinations my favourite is free, Be Folly's the head-gear which momently varies, But a bonnet of drab is the neatest to me! Though stately the Ostrich-plume gracefully throwing Its feathery flashes of light to the eye, Though tasty and trim the straw bonnet when glowing With its ribbons so brilliant of various dye; Yet, somehow or other, though none can seem duller .Than a simple drab bonnet to many a gaze, It is, and it will be, the favourite colour • Bound which, with fresh fondness„my awl" still plays ! And it well suits my Muse with a garland to wreath it, And echo its praises with gratefullest glee, For knowing the goodness that oft lurks beneath it, Tine bonnet of (bob beats a turban with me ! Full many a rare gem the Poet hath ehaunted, In the depths of the ocean flings round it it's sheen, And" full many a Rimer," its beauties uncounted, Springs to life, sheds its perfume, and withers uaseen—. And well do I know, that the Sisterhood numbers, Array'd in that liberty coxcombs reprove, Forms as fair as e'er fiash'd on a Poet's sweet slumbers, And faces as lovely as ever-taught lore. This I know, and have felt, and thus knowing and feeling, A recreant Minstrel I surely should be, If my heart felt attachment, and fondness eGncealing, The bonnet of drab were unhnnour'd by me I have buk'd in the full blaze of beauty and faihion, Have seen theee united in gifts rich and rare, And crown'tl with a heart that could cherish forays. ka, And, by sympathy, soften what sorrow must share ; Net acknowledging this, which I can do sincerely, Still the highest enjoyment this bosom e'er knew, The glance which it treasures most fondly and dearly, llesm'd from under a bonnet of dreb-coloued hue! 'Twas my pleasure and pride—it is past, and bath perish's', Lake the track of a ship in the.derp heaving sea ; Out its loveliness lives, its remembrance is cherisb'd, • And a bonnet of drab is the sweetest to rue ! .. ~~ ~-~ - , POLICE. M: P. Lnoßomig-sr REL . :T.—Yesterday a Mrgymen, who had formerly been a Chaplain in the Navy; and had afterwards performed Divine Service at St. Ann's, S.)11o, was brought up by the Vestry Clerk of that parish, for getting drunk, being riotous, and for beg ,;ing of the parish;oners. lie was discharged, on a promise of conducting himself more circumspectly in future. .1. Thorns was committed for picking the pocket cr - General Cnosnit, in Bond-street, of a red morocco packet-book, and a card-caw. The prisoner was ob served by two persons, and taken into custody. Tow BALL, SorrttwAstc—Yesterday .1. Evans was fully committed for uttering alurged i.:2 note to Mr. Calway. a hosierfin Tooley-street. As a Gentleman was driving, on Wednesday night, in a one horse chaise, along a part :of the Borough where the road is broken up and an excavation for med ibr repairing the sewer, a boy let off a squib in front of the horse, which caused him to plunge, and placed the Gentleman in a most dangerous situation. At one time the forelegs of the animal were down over the railin g that separates the cavity from the road, and but for the assistance of persons passing, the carriage would have been dashed to pieces, and, in all probability, the driver kilted. The lad, whose tame is Darling, was yesterday examined before the Magistrate, who tined him 20s. and declared it his intention to visit every such offence brought before him with a similar punishment. _ IVOILIMP•STRMI:TTWO Collectors of Tolls on the Stamford-Hill Trust appeared at this Office yes terday, to answer to informations exhibited against them for taking toll of a repectable inhabitant living in Shoreditch, of the mune of Parker, not being au thorized by the Local Act of Parliament so to do. It appeared by the evidence of Mr. Parker, that on two several nights passing through the gate on the said road, with a common cart laden with potatoes, which he was going to deliver to a customer, the. collector demanded night-toll: he stated, that his was a cart of burden, not a carriage of pleasure, and therefore, according to the terms laid down in . the Act of Parliament, had no right to pay night toll. The collector refused to allow him to pass without paying sixpence, which he was obliged to do. He exhibited an information against the collector, arid ou the hearing the Magistrate considered thr...as it was a toll imposed upon persons who travelled for pleasure, it could not apply to the present instance, us it appeared the plaintiff was solely on business.— Upon this case hynust convict the defendant in the penalty of 40s. and costs for taking the said toll, he not being authored by the Act of Parliament so to do. The defendant said he should appeal against this conviction to the Quarter Sessions. Thomas Phillips was charged with extinguishing the gas-lights in Finsbury-square. Francis Tomlin- 1 soh, patrol, observed the prisoner get on the top of a lamp-post and put out the light; be then came down, and climbing up another lamp-post, extin guished that a1..,0; he sprang his rattle, and the pri-' saner jumped .down and ran away, but was stopped by a watchman. He was convicted, under the Fins bury-square Act of Parliament, in the penalty of 20s. 'which he paid and was discharged. Yesterday an Inquest war held at the Alfred's Head in the London-read, on the body of J. Russell, a wholesale linen-draper, of Friday-street, who fell from the window of a friend's house, in consequence of which he died. Ile had been in a state of mental derangement, through a disease in his liver; but he stated, after his fail, that he Thought, when he went to the window, he was going to his warehouse. Verdict _Fell from the window while asleep or in delirium. An kaquest was held at the Woolpack, Enfield, oc. the body of C. Smith, nine years old, the son of C. Smith, Esq. of Portland-place, who, while on a visit to Mr. Peak; at Enfield, was riding a favou rite poney ; when it set off at a quick trot, which frightened the child so, that it screamed out, and that alarming the popey, the latter set off at full gal )op, and the deceased losing his seat, was dragged by his foot in the stirrup, and kicked by the annual until he was killed. Veract—Accidtatal Death. LYSOL PEAT DEBTORS' CO URT, OCT. 16. This day, William Twysden Esq. formerly of Wooller, in the county of Nort humberland, after wards of Rucklau-house, near Edinburgh, and late of George-street, Portman-square, Middlesex, was brought up to take the benefit of the Insolvent Act. Owing to a formal objection taken by Mr.Basser. ' on the part of Mr. Samuel Kettle, of 59, Charing cross, this case was stopped in &mine, and the merits of it were not investigated. In Mr. Twy.sden's peti tion, and also in his schedule, he was stated to be a prisoner in the Fleet, where he was actually confined: but in the order and the notice served on Mr. Kettle, lie was described as being a prisoner in the King's Bench. Upon its appearing that Mr. Twysden's for mer petition had been dismissed and not adjourned, the Court considered the objection fatal, and his pre sent petition was in consequence discharged. Mr. Twysden hereupon declared himself very much dis satisfied with the negligent.conduct of his agents, as this was the second time his case had not been allow , ed to be entered into, owing to informality. Benjamin Hughes was opposed by Mr. HEATH on 'behalf of Mr. Forsyth. The defendant agreed to oscept this debt inAhe morning, whilst Mr. Forsyth was in Court ; but now that Mr. Forsyth had gone, he wished to retract his exception. Upon this Mr. POLLOCK, his own Counsel, declared that if the in solvent persisted in his intention, lie could rot think of holding a brief on his behalf. The debt, after some discussion between Mr. Pollock, , the prisoner, and his agent, was agreed to be excepted. Mr. Iltarit then opposed him on behalf of Mrs. Woolley, and proceeded to examine him. The hue's. vent swore that lie was in the employ of Mrs. Wool ley, who keeps a brewery at Walhani-green, from December to March hit, as clerk and agent ; he also Sold by commission fir her, and though there was no agreement in writhu- between them, he had a sa lary cf 244. a week, an.) Is. a barrel by way of corn ,'mission upon all the beer which he sold. He was also the collecting clerk, but has not, since he was discharged from the office, kept any account of the money which he received, not having had access to the books. His discharge took place on the 31st of March last, and he has never seen the books since.— Ile here begged leave to explain himself: he was .not discharged by Mrs.Woolley, but had quitted her service of his own accord ; he gave her notice on the 20th of March, about which time he was deprived of the books. Between the 20th and 30th of March he had I.:ccivel certain sums on her behalf, which he did net pay over to Mrs. Woolley ; these sums might possibly amount to Efi or 47, certainly to not so much as £l5. He swore positively that he had' received nothing- on her account since the 31st of March. He was never in the house of his employer since the 21st of last firth: shook' net have Inter-' feted in Mr..Woolliy's concerns after that period, ill he had not been solicited to do so by Mr. Emmett, Mrs.Woolley's attorney , who desired him to assist in collecting the debts. Heauswered that he was vary nilluia tc serve Mr. Emmett, but not Mrs.Woolley. This was .the reason why he had recci4ed money after the 21st, whichflse hal offered to pay over into the hands of Mr. Emmett, but he had neglected to keep his appointment fur the purpose of receiving it, and Cierefore he (the insolvent) had never paid it. Mr. HEATH here expressed his surprise that the insolvent should have taken his orders from Mr. Em mett, and not from Mrs. Woolley, his employer, However, Mr.Enimett was i 6 Co•lrt, and was ready to contradict what the insolvent had advanced, Ile was even unwilling to have his client's claim on the defendant considered in the light of a debt ; but as she had been scheduled as a creditor, she was advis-, ed to oppose the discharge of the-insolvent. The amount of her claim could not yet be stated, as it was uncertain to what extent he had received monies on her behalf. After some discussion, the insolvent resolved to. except this debt also ; in consequence of which mea sure he was dis Charged, except as to the debts of Forsyth and Woolley. Edward Ambrose, who had carried on the business of a dealer in coals by conimission, when called on to be examined, appeared in such a state of idtoxica tion, that the Commissioner desired that he should be taken away from the Court, and that the order for his hearing be discharged. John Nelson, who has be confined for upwards of four years, and who had been remanded by the' l late e ast Pit :toe , now applied for his ditcharge. • Mr. ch iefly said. he was instructed to oppose this person aieily on the ground - of his having been committed by an order of the Court of Chancery, for a contempt, in refusing to transfer to the Account ant-General.of that Court, for the sum of £l6l. Bs. 3d. which had been standing in his name in Bank t‘enuities, as a trustee for other persons. Mr. Heath contended, that while he was a prisoner for contempt, this Court had no power to ditchargebim.. It was on that ground that bis discharge had been refusal by Mt. Seijeant Palmer. . • Mr. Petr..ocit, on behalf of the prisoner, otaseried4 that his brother, Richard Melson s who had been a joint trustee along with him, and had also been COM. mined for contempt, was already discharged, on his paying a sum of money to the opposing creditors ; and he could not conceive silty one trustee should be discharged, and the other kept in custody. Ac girdin.T to. the 47th clause of the Act, he conceived that this prisoner was entitled to his discharge, be cause the stock standing in his name, was the same as money. Mr. Serjeant RUNNIEGTON" This was an order of the High Court of Chancery for the purpose of furthering the cause of justice there, by transferri!"; property into the hands of one of its officers." Mr. ADOLPHUS next addressed the Court on behalf of the prisoner. He contended, that the tra-ncaction must be considered as one in the nature of a debt ; because the prisoner's brother, wile had been a joint trustee with him, and who also had been committed for contempt, had received his discharge on paying his portion of the debt. That payment, and the non- Sequent discharge, entirely purged the contempt, which no longer applied to either party. He there fore asked how this man could be detained on the ground of contempt, which must have been waved by the discharge of the other party? The case then, he contended, resolve(' itself into a simple one cf debt. Mr. HEATH in reply, saidthe only question here was, whether this Court could constitute itself into the High Court of Chancery, and do away the cs den of that Court. One man was released because he com plied with the order of the Court of Chancery ; but the contempt could not merge in that act. - • Mr. Serjeant RUNNINGTON said it appeared, that this man was confined by an order of the Court of 1, ChanCery for refusing to transfer stock, when ordered to do so, to the persons, into whose hands the course of justice required that it should come ; and also for , the non-payment of costs. It was for the contempt, I and not for non-payment, tliftt he had been commit ted ; it was because he obstructed the course of jus tice. He could not view this as a case of debt ; the., Court of Chancery wasted to have a controul over I the property of which the prisoner was trustee, and he was committed because he refused to give it that controul. The only way then, by which the prisoner could he released was, to apply to the Court of Chan cery to have its order discharge d. lie (the Commis sioner) would now, however, discharge the, prisoner of all sums, except so far as regarded the contempt. CONSISTORIAL COURT, EDINBURGH. ELIT. COLE, THE WIFE, V. T. V. COLE, THE HUSBAND. The proof in this case being concluded, it became the duty of the Court to give judgment : By the evidence it is established, that the parties were married in the parish of St. Mary-la-bonne, and county of Middlesex, in the year. 1801.; were than I both domiciled citizens of Eng Lind, and have since cohabited as husband and wife in that kingdom only : but that the defender having for several years deserted the pursuer, and being in this city last spring, then lived at his lodgings here for the space of three weeks in open adultery with a yeoman of the town, add was here convened by citation upon the libel. Since this action came into Court, according to the rule of our procedure, the pursuer has been interro gated upon oath, and she has sworn in the most une quivocal terms, both that there is no collusion between them, and also that she brought her suit for the dis solution of their marriage, as soon as she discovered that it was in her power to take this step. These so lemn averments are likewise not discredited by any circumstance which appears from the record. Indeed in no case of the kind, is it now to be expected that any such concert, agreement, or understanding be tween the parties, as amounts to collusion by the law of Scotland, will really take place ; for it is perfectly plain, that aversion, and .!wire to be free from the conjugal bonds, may be mutually entertained, and may be expressed in a thousand ways, without any communication, direct. or indirect, that can affect the title to sue for divorce. The state of the law of Scotland upon that head is matter of notoriety. By the mere commission of adul tery Aeon this side of the Tweed, which will not be concealed if the dissolution of the marriage is the object of this crime, opportunity is afforded. The other party only needs w be upon the watch, and to seize that opportunity. But if there had been ground in this case to suspect collusion between the parties, the decisions of the Court of Review, in the recent cases of Newte and O'lhien, prove that we could in vestigate these only by intcirogating the pursuer, which has been already done. Upon the other hand, it is, no doubt, certain that the pursuer could not claim the remedy of divorce, a rancid°, under the law of their own country. It is equally clear. that if nevertheless she is entitled to sue teed in this action, it must be not less competent to sue here for the dissolution of any other marriage contracted under the law csf England, or under any other foreign law, upon the grounds alone that one of the spouses has committed adultery,, and been cited for divorce, within 'this jurisdiction. But the judgment given •at the Assizes of Lancaster, after consulting.the twelve Judges of Epglarid, in the year ISIS, declared the rule of the law of that kingdom to be, that a regular deiree of divorce a riwculo of an English marriage, obtained in this Court, ebuld afford no defence even against a criminal prosecu tion fee bigamy, if either of the parties, during the life of the other, should afterwards contract a second marriage in England; and condemned William Mar tin Lolly, who had been found guilty of that crime, to transportation. Hence it follows, that the chil dren of such second marriages must be bastards in England, and in all other parts of this empire, al though legitimate in Scotland ; and that as to every effect and consequence, the same decree of divorce which is valid in this realm, must be held a mere nullity in the other United kingdoms, and in all our colonies and foreign dominions. • In further proof of these propositions, it can only be necessary to mention, that in the case of Lolly, the husband and wife were cohabiting together in this city when he committed adultery—that he ap peared as a defender—that both parties were judid cially examined, in order to ascertain whether,there had been any collusion—and that the conduct and suit of his wife the pursuer were found to be liable to no just suspicion. This collision of the laws in the same empire and island, fraught with danger so manifest and eaten- 1 , sive to those sacred relations of domestic life upon which civilized society depends for all its value, and even for its existence, cannot however enter into con sideration in deciding the present case. Here the law of Scotland can only be consulted, and a series of uniform, solemn, and recent judgments of the Su preme Court of Review in this kingdom have ruled,' that neither the law of the real domicile of the par ties, nor the law of the place of their contract when different from our own, is to be regarded in a case of divorce sued here, between strangers who have been married in another country, but one of whcm has committed adultery" and been cited within this jurisdiction. The circumstances in the latest of these cases were the same as in' he present, except that the hulband there was an attorney of London, and both the parties had all their lives been inhabitants of the Inns of Court of that city, where they had been married and cohabi ted. But during a vacation jaunt, in which his wife did not accompany him, he visited Edinburgh, and invited by letter a woman of the town in London to come to him at his hotel here, which invitation hav ing been complied with iu the most open manner, his wife gave him a citation upon a summons for a di vorce before he returned home to keep his Term. She had not, however, time to call her action in Court previous to his departure from this country; yet there was not the least ground to infer collusion against the suit of the pursuer, who accounted -• . . 1 factorily for her knowl e d g e o f her hucr, and for her own m easures . t Both that and the p resent may indeed heft:. as extreme cases; but the principle s iv hi c h h °-..-i i established embrace a n d regu l ate the; not 1Z !,.-- '' others of the ordinary description. In all b t i, class, the number of whi c h i t i s evident m a y h,j . ,1 , infinite, there can no longe r b e any doubt tl, ,_,..:,. Court must allow the di vorce to proceed. 1 I't The influx f•or some time after thew : err, 1 • •„,„ by which it seems to be finally sanctionel;,?'7:,,'7',,, I unaccountably cease ; b u t i t now revive, a„d .. i' Ito it can be opposed here. • Unconscious ..v.,4,"•••:, be of the gross and flagra n t i n j ur i es to m ss I• ~i-great great and manifest discredit to the admlai•tr justice among us, arising from the crime. of - gees,. that would not have been commit to h, . probably would not have been commit.: a ; 7r , for the temptation afforded by the d.:..,, ••.;..' parently exists, not in the municipal I.Lw L ,; the sister kingdoms, but of the internationtL:' • tween them. Judges, however, can du stay this plague, than solemnly and pu!..l;, le ....L occasion to inform Loth th e innocear and ial',l- . -.. how little respect is paid to t h e decrec the.:.•••• here ha the other realms of the empire. AI,I L t . ,,- - farming this indispensable duty, we neither ii-..L.c ourselves nor our fellow-citizens sof a as to 9... v.,. that the admonition can have an y i titer (Eel lead those to whom it is addeersed, id they i 4 21 !:••• previously made arrangements for entcriTg i z • • coml marriages, to celebrate these mania,., S. 'they return home, or if they shall aftenenTs . r such marriages, to make an ercursloa t , green, & some other place not wick: :1;•.! • of the English law, before they solver' order thus to avoid the risk of cliallew, Iminal prosecution. According to these views, the original on the present action, given by tip: who: e of this Court, did entertain this suit in mire decision in the Court of Review in the cam; land, to which allusion has been made. officiatiag singly in this Tribunal dcr,..y tion of the other Judicatures, crinse,,eil question still before him upon whi,:!, consult his brethren, and a seraente pursuer to the - rights and freedom of a t as if her husband were mutually dead, a. kg their marriage as to him likewise, tr.— on account of the adultery committed h::.. der with the woman proved to have Le:II - . mour. These observations are not made t , .. ee-re the pain felt in reflecting upon the cr:he , :•:•.-:: , which have actually followed on a similar eccr.,i or which may ensue from this deci,ion, if t'leiar 'shall trust to its validity in their awn i..r.c:. would it be proper in this place to des.ant m r , r-. evils to which the British people at large m 21.: exposed, were a matter of such vital inirt.s.e. them to remain in this predicament. A11 . ..:. -.TI all of them, in every rank and clan, e h..tsr.Lr .e. the rights and security of marria(e, le-,,1;17ary, divorce, as •well as the course of ytistc.:, the stai of the laws, the credit of the Judica:•,._ must be deemed of the very highett nicrisn.. it is necessary to explain the present state -f :hc di.., ferret laws of divorce which now pr- -" • ral kingdoms of this United Empite,... . of putting these individual parties urns tia 4 r!:, , ail against the dangers that must id:LI:A . .I . ; a..-A: to L :•.t...+.. selves and their innocent offspring, it tl:tv shall .?•:•.•:-. look the collasion which exists, and shall en= i! . ..) nets marriages under the jurisdiction of the lar o' England during their joint lives. They, it isiesra• ble, have severally returned to England, as son 4 their attendance here ceased to be necessary, tec? purpose of carrying through this divorce; and cr. connexion with this judicature, which cottinalai With the present case, will terminate for ever. on the decree, which the Clerk is about to read , slai subscribed. It is, however, the duty of a .V..c.:0. which, no doubt, will be well fulfilled, to iof mb. client as to the opinion of the Court, the mini which, as now delivered, be may have for that ...e. !:',3 Cr it/:cArd r .~_.: A most daring outrage was committed on day evening, in the town of Blenner:ille, Kerry. NICHOLAS FRECMAN, a Tithe-prnct(r. bt• longing to the Rev. Mr. DENNY, of . waiting for entrance at the door of a shop a: irsn . vile, when he was fired at by scrre !edged three small balls in his body. and his clothes with several others. The b , :cTe rl• traced, and there are hopes of the . unf;•: - recovery. s BIRTHS. At Wsshingten, on the 3..1 ult. the Lady cf . ster Pknipotentiary to the licitsd States, Oo the 3d inst. at 6orisausbury, Item, th: C.J.L.;tis of a SOIL fhipt,L DIED. On the Sth ult. at St. Kitts, the Right Ifor. Jar..es lahon Lord Crarstoun. At Boulogne-Sat-Mei, on the 47th ch. Ensign Rcbrn clausal!, 71st regiment, In the 10th fear cf his age. At Fountain-hall, uear Edinburgh, on the 7th Cet: Aswircw Brown, R.N. of John4toohurn. at his v.-at .t North Court, la the LI: cf n. If. Bennett, Ea.. Scubas: Port-Captain in tlw MC l San : At Str....isurniote, on the SOth ult. Dr. fate Can:pfwis 4 l o At Crookedstore, in Ktßead, Mr.Julus Muntgwainc in hi. 105th peal. His ancestors were diatintwshid lorgevity, his grandfather reaching 10 yeas. At St. Germ.dn-en-Laye, in Fraser, and six month s , _ 3lattelaine :;he bad L ,/ was sons and one daughter : 19 of the tors (al in the -Er: She - 59 years and six months old when her daxghwr was i.rat l rentarkabk for her vi-rarity, and died with :ur ar y azrarett 1-e On the 3lst of August, Mr. Thomas liroogli:,a, stananet WellingLuniugh, aged 31; and on the tith ei StFte=%e:s sister Martha, sg,d Drowned, Ly :he sinking of the Lapwirg, cf Su:Artrd.: Sonthwahl, a(. e: haring run cn board of the .tra:, Captain Crosby and his eldest son, of Sacs-tree ; .1:•• ••• •, rime, son of !Cr. Win Harrison, of the Cvstona; ".• sow of Sfr.Wray, eut.in,ust.aker ; and :%Irs. Nesbit!, c:' dente Gardens; all I..longing to &Ind.:at:ol. In the parish of I.anvabon, Slri. Elizabeth 7at.ttlarr:7l444 of the Late Mr. Thomas Matthews, in her ItOth 7t.r. age d :co PRICE OF STOC Bk. Stock Reduced 7411iff Cons. 75111 34, per Ct. 8481 4 per Ct. 93;i Navy 106105; IOG itsTrßt).‘y. Lcng 1`:;;;-11-16 !mkt licr.dsV: pr. Omn. 31+ sic . . for Ao Cons. Lottery . 1 4es 41t1D61 , 10-'4ll, HIGH WATEIL at iTUY 31cesing Aftwneen ;limo, girt ±, 10 --~ 1.11J4,0110: Prit.c.:l at d p. 7)1.-hdet.Fl. 1-rvpl:,ll,r :J O 4 .1 (.: c, Ji::. ddes. .5 F3* n;a;, ~ ~rf.<r~ :"F