Star. — London, England, 1818-11-14 00:00:00

NOYEAVIIEkit E LETTER. sed another turn-out, thoegh faster bailers and Ironmon• nder the necessity of making in the prices paid to the descriptions of goods, the jority of them, immediately have been this afternoon in small detached grouper, to the steps to..be pursued. entertained that they will ibour ; indeed, they cannot l the reduction will be gene in all parts of the kingdom, s it are collectively too poor ithout their daily labour.— able, that a time of profound prosperity, should be chosen es of the most hard-working is absolutely requisite to find in the common necessaries of ig, or any provision for sick• non casualties oflife ; against every industrious man, in a ght to be enabled to provide. VAICA. A PRIVATE LETTER. IS I N GSTON, OCTOBER Ir. hat trade here is riot io brisk r demand for British goods first necessity), having been me time past. We are, how tation of more brisk and lu iderable speculation is now tad the other islands, and &. r attention is paid io British , by both the rival Sovereigni Lerto many persons have been [ring to any considerable ex state of anarchy and conten t divided and distracted that id. Under proper regulations, rtion, I hive no doubt that a trade might be carried on, ig ourselves with the views or the rival Chiefs." F.V IRLUGENCE. 1, NOVEMBER it. . . n I the Lama, IlAzEt., for Lis- Stroud, I,VirAtN, in working s morning, missed stays and 1.4 r point, but was Wilt off with, p i making of the tide. The bri mt. from Poole to Liver , ek on 7th inst. leaky, is ' NOVEMBER re. d with rain.—A French brig loss of rudder, has just come name and particulars are not fano, SPArtits, from Altea to rudder yesterday morning off 4 vessels laden with oats. • Tff, NOVEMBER 1& Tived his Mlesty's ship DEE, Symmetry, 00R14 from Leg :r quarantine. Sailed his W.. for Chatham. NOVEIIIP.B. 13. Feather.—Came down from the rivamus, for Smyrna ; 1- Endeavour. RubtrußZYB l :l: AUXINS, far Mediterranean ; )owrs, with the whole of the H, NOVEMBER is. Villl3M, POTTER, of Hull, from in here with loss of anchor and shore on the l'latters. I'llE ARMY. s~ X., NOVEMBER 8. 'ROUDLOvE, of Hull, from Que >een towed into this port, with 1, NOVEMBER ie. King, CREW, from Batavia, out the brig Lascelles, from Rotter on the 9th instant, off the Start. Batavia and Young Antony—at dam, Friendship, and Princess' fitter reported to sail the 20th of Samarang, the Cornelia and !I. LONDON, NOVEMBER 15. w.—The Lavinia, Benson, and Pomona, ; 3onge Isabella, Vette, from Ghent; tiansen, from Tondern ; Sally, Morley, mid, from ApJbog ; Twee Catharines, ; Burdon, Richardson, from Gotten and Isis, Minds, from Rostock; r, from Banssebi Fran Maria, Walges, Cameron, from Leghorn. ricy, Tregum for Sierra Leone; Teazer, geptuno, Stranack, for Ostend; henry ivies; Favourite, Bravoider, for Rio Propert, for Cayenne; Martha, Will -The Betsey, Dale, for Mogadore ; 'fiesto; Burleigh, Lindell, for Tobago t ontserrat ; Ruth, Hamby, and Hanover, ; Ann, Dick, for Harnburgh ; 'rince of Saxe Coboure, Ladd, for Rot riiikman, for Naw York; Vrow Get ty/op. htEcoa M'Gnzoon arrived at the terbui y, and next day proceeded iccompanied by a Lady, and at h servant. rpenter, doing some repairs to the it Amazon, of New-York, lying in slipping off the stage, he fell into drowned. Yesterday tnorning the Duke of YORK transacted military business with the Pdttrois g.KOZNT at Carl ion House for some time. The 7th Light Infantry warc expeeted at heal yes terday to embark for Ireland, and three more regi meats as soon as transports arrive to receive them. It is reported that the 14th Regiment is going to Gibraltar, and that the 60th, now in that garrison, is going to the West Indies to be disbanded. The 4th Regiment have returned to their old quar ters at Winchester, which they quitted previous to joining their companions is the Peninsula. Only 50 men remain of the number formerly there. Many of the privates have br ought with them French women as wives, and a numerous assemblage of children. Thursday upwards of .50 horses belonging to the 9th Regiment of Lancers, were sold by auction at Brigh ton. Notwithstanding the heavy reductions in the cavalry regiments, and the season of the year, the horses sold freely at good prices ; the average being no less than Ell 3 a head. None of the dealers would speculate, as they appear to wait the ever.t of fu ture sales. Monday, fourteen men were each fined 3s. 61 for tippling at a public-house in Blackburn on Sunday week. • At C:tnford, five miles from Poole, there is a COn vent, of Barefooted Carmelites, who, it is probable, will appear in Court, at the next Dorchester Assizes; 'a servant, who had attended them for some years, being to be tried, for robbing the Convent of many articles, the Attorney of the prisoner, intends to.sub prena the whole sisterhood to identify the property, it being a joint concern. Extract of a Letter from Leith, dated November 10 A melancholy accident occurred here, yes terday morning. One of •the Kirkcaldy pinnaces sailed from this port about eleven o'clock, and when half way between Leith and its place of destination, the boat shipped a heavy sea, and immediately went down. Every person on board was drowned : but the exact number has not yet been ascertained. Eight hats have been picked up, belonging to the unfortu nate sufferers. There were one or two, if not more, women on board." Monday, an Inquisition was taken at Framling ham, on the body of . Mary, the wife of John Smith, who was unfortunately killed on Sunday morning : her husband had on the Saturday endeavoured to discharge his gun, but as it would not go off, he set it down in his room loaded, and went from home early on the following morning. About seven o'clock, his wife being busy making the fire, and her little fa vourite boy, a child about ten years old, playing in the room, he took up the gun (which was along one, and he could scarcely hold it out) when it went off, and the contents were lodged in his mother's head, whi<;'a catiseJ•ll;:r instant death. Jurors verdict—Ac cideatal Death. _ _ _ Yesterday evening as Mr. Kat ty, of Hackney, was returning from Peckham to Camberwell, he was stopped by two men, who pinioned his arms, and rifled his pockets of what . property he had got, amounting to between three and four pounds. Thursday evening a man who had been observed rbing about NiOwinguin for swirevel hourerepit s s v the fence of a garden belonging to Mr. Wean, Pros pect-row, where various articles of linen were hang ing out to dry. CATHERINE. the daughter of Mr. Wens, about 19 years of age, perceiving him in the act of taking the property from the lines, went into the garden ; the thief, upon her approach, attemp ted to escape over the wall, but was foiled in the en deavolw, by the courage of Miss Weiss, who seized him by the collar, and held him fast until her father waived to her assistance. The name of the robber is. William Sherwood. Upon being taken before a Ma gistate, he was committed for trial. Thursday night a drover, who had tome to Man chester with cattle for sale, having sacrificed rather too freely at the shrine of the jelly god, fell into company with a soldier and a boot-closer, at the Dog, in Chapel-street, Salford, who having.volun leered their services to put him to bed, contrived pick his pocket of 1.; in Bank-notes; but being dis !tubed, or fearful of detection, they had dropped LS on the floor. On Friday morning they Were (mind at another public-house in the neighbourhood, regaling themselves with the money they had stolen.—Both of them were committed to the New Bailey Prison. DRURV-LANE.--The Comedy .of Love Males fa, Man ; or the Foes Fortune, v..as revived last night. It has been judiciously altered in some elf its parts, and the acting altogether was very 'effectivei,-In the Afterpiece of Barmecide Mr. Cowv.t,t. aSSaftleti the part left vacant by Ilititzerv's illness, and acquittei himself with great success. COVE= GARDEN.--A now Farce was last night produced, under the title of Sir ; or, the I'atiant carried of —The plot of the Piece may be dismissed in a few words. A lover, his uncle, and servant, disguise themselves as Physicians, and pass themselves off as such on an old man, who wishes to make his ward believe that she is ill, and has sent for three Physicians to carry on the deception. • The Physicians are persuaded to assume the dresses of those who have become their representatives. The real Doctors are beaten and abused ; the impostors triumph, and finally the lover accomplishes his oh ject.--It will be seen that this story is extravagant. enough, but unfortunately its drollery does not keep pace with its absurdity. The Author seems to have rightly conceived that his talent did not lie in the witty line, for he has prudently abstained from at tempting any thing that could be mistaken for a joke through more than half of his Farce. Some bright touches in the galenical way towards its close, caused the audience to werk it rather roughly ; and these, with the formidable appearance of the sisplir sicians,excitZd sa much commiseration for thepat iiwel/ozeing heroine, that success was physically im possible. In the end, a bolus of disapprobation was administered , which fairly carried ef physicians and p at i e nts together. and the Managers, with becoming deference to public opinion, took care not to expose themselves to another doae.—lt gave us much plea sure to observe the very great clisrelish which was manifested by the audience towards the very coarse allusions which were interspersed, and Which have been so often disgracefully permkeid to creep into our nrodern Comedies and Farces. .E.AW COURT OE CO.Ib;CERT. NOVEMBER .13. coLziaoosta sr. Ler. Mr. limn' applied to the Court, in this case, far further directions with regard to the inquiries carry ing on in the Master's office, for the purpose of as certaining who is fit and proper person to have the guardianship of the children of Mrs. Taaffe. Mr. Cox, to whom the inquiry had boen originally, referred, had reported that Charles Dickenson, Esq. was a fit and proper person to be guardian to the Miss Colel;roOkes' ; . and having stated in his Report that it was the intention and wish of Mr. Dickenson, that the young Ladies should continue to reside with their grandmother, for the purpose of being properly intro duced into society, but the death of Lady Colebrooke (said Mr. Ii ART) occurring before this Report was confirmed by his Lordship, it was referred back to Mr. Cox, to consider and state with whom, and upon What plan, the infant plaintiffs should hereifter reside. Mr. Cos having however left town, could not proceed immediately on the inquiry; his Lordship subse quently ordered it to be referrecrto Mr. Courtney, the Master of Vacation. What he therefore now asked was, that the subsequent order should be withdrawn. , and the Registrar. be directed to draw up the first order of the 15th August ; and that the Master, Mr. Cox, should determine whether, in the mean time, the mother should see her children, either alone or otherwise.,—The Court immediately assented to each of these applications. 7e . OURT OF KING'S BENCH, NOVEbIBER RARING AND OTHERS R. CORRIE AND OTHERS. This was an action for goods sold and delivered. At the trial before Lord Ellenbomugh, in the sittings after Michaelmas Term, 1817, a verdict was found for the plaintiff, subject to the opinion of the Court,, upon a special case. Last Term that case was argued„ l but the Court considering the question to be of so , much importance, ordered a second argument, and now the further argument was entered into. The leading circumstances of the case were these: Messrs. Baring and Co. merchants, having a consi erable quantity of sugar to dispose of, employed their brokers, Messrs. Coles, brothers, to sell the same. The latter united with their character of brokers that of merchants, and in each carried on a very exten sive business: Amongst other persons with whom they had mercantile transactions were Messrs. Corti* and Co. the defendants, to whom they were consi derably indebted. Having these sugars to dispose of, Messrs. Coles, brothers, sold them to the defen dants, apparently in the character of merchants, but certainly without professing to act as brokers, and vii thoutdisclosing the names of their principals. The sale having been completed, however, they gave an order to the defendants upon the West India Dock Company for the delivery of the sugars, in which or des the names of Messrs. Baring and Co. were in serted, importing that they were the owners. The defendants took no steps to ascertain whether ileum Coles, brothers, sold in the character of brokers or merchants, and under this order they received the sugars. After this transaction Messrs. Coles, bro• then, became bankrupts, and the plaintiffs disc. ing ho* the sugars had been disposed of, brought their action against the defendants to recover the amount, in consequence of their refusal to pay it. At the trial the defendants resisted the actinn, upon the Around that Messrs. Coles, brothers, were indebted to them for more than the value of the sugars, contend ing that they had a right to set off against the plain. 1 tiffs demand the debt due to them from Messrs Coles, brothers, relying upon the case of George v. Claggett, 7. T. R. 539, where it was held, that if a factor who sells under a del credere commission, sell goods as his own, and buyer know nothing of the principal, the buyer may set off any demand he may have on the factor against the demand for the goods made by the principal. The Court held that the de fence was not available, and the plaintiffs had a ver dict, subject to the opinion of this Court, upon the question, whether, under the circumstances above stated, the plaintiffs were entitled to recover? The case was now very ably argued at consiAra ble length by Mr. PULLER for the plaintiffs, and Mr, Seancerr for the defendants; and tht•ca:e re-,olved itself, admission on both sides, into thi, principle— that, where the loss must fall upon, one of two inno sent persons, it shall fall upon him who is less inno cent. A great deal of learning was evinced on both sides, in distinguishing between the characters of a factor and a broker, and all the cases bearing upon I this question were reviewed with considerable acute ness and ability. The plaintiffs Counsel distinguished this case from 'that of George o. Claggeu, by the circumstance, that there the buyer knew nothing of the principal, Arhereas here, the delivery order disclosed the names ;Of the plaintiffs, as having something to do at least ;tl-ith the goods, whereby a necessity was imposed upon the defendants to make further inquiries into t ile subject. The question, it was admitted, certainly s, whether the negligence on the part of the de ta .• dants was greater than the lashes on the part of plaintiffs? If the Court should be of opinion that die defendants were lessinnocent in this respect than the plaintiffs, the latter would be clearly entitled to recover. . The Court delivered their opinion seriatirn. • The CIIIEF .losrice said, that if the defendant could succeed in this case, the necessary consequence would be, that the goods of one merchant might be 'applied to the discharge of the goods of another, through the medium of a third person. It did not appear that there was any strong reason or authority , applicable to this case,.which could induce the Court to sanction this pcsition. Undoubtedly, the princi ple, that where the loss must fall upon one of two innocent persons, it should fall upon him who was less innocent, was the test of this case, and very na turally applied to the circumstances stated. If the negligence of the defendants was greater than that of the plaintiffs, the latter woulz! be entitled to reco ver upon this principle. It was a well established Me of law, applicable to this class of cases, that if a factor is entrusted by his principal with the posses sion of goods, and pledges them, although the per son who takes them be ignorant of the fact, that they are not the goods of the factor, the princivil may recover them back. If a master emliloys his servant, or any other n, to dispose of a piece i of plate, according to perso n, to occasions, and the sec ( vast should sell it on his own ammo, Ate - motor . - _. ,f 1 A ..• • might recover back his propertyt The gneviitni iti this case was, whether there had bem &met' negli gence on the one Side than on the,Uther? What were the circumstances of the case? The fact was known to both parties- ' that Messrs: Coles, brothers, were acting in the double capacity of merchants and brokers; but the point for consideration was, whe ther the defendants, with tilb knowledge of this cit . cumstance; were less cautious than the plaintiffs. The distinction between 'a factor and a broker, however they might for sonic purposes be the same, was very great in many particulars. A factor was generally a person to whom goods %vete consigned fur sale by a merchant residing abroad, and by virtue of his au thority sold the goods in his own name, without dis closing the name of the principal. The situariiCn of the broker sias very different. The broker was not entrusted with the actual possession of the goods, nor had he a right to sell in his own name. These were the principal distinctions between the two cha racters. In this case the goods were entrusted td Messrs. Coles, brothers, to dispose of in their cha-; ratter of brokers, and they had not , the actual pm ,eision. It was true th4t they also appeared to the world in-the character of merchants, but it wouldbe a very great restraint upon mercantile transactions; if a broker, who was also a merchant, could defe4 the rights of the person who empleyed hint in the character of broker, by involving himself in the consistent responsibilities of a merchant. _lt. was urged in this case, as a circumstance against th e plaintiff.' right to recover, that they were in the habit of permitting Messrs. Coles, brothers, to re ceive The . proceeds of goods entrusted.tq them for sale; but this circumstance did not at ?all alter the case, when in fact it appeared that Messrs. Coles, btotheil; were employed solely in the character of brokers. As this was a question. to be determined solely by the preponderance of intiocc^nce on one side or on the other, it became necessary to ineuire what was the duty of the defendants, 'under the circum stances; in which (as they knew) Messrs. Coles, bro thers; were placed. Knowing that those persons were acting in the double characters' of brokers and merchants, it was their duty to have informed theft..., selves, or at least to have endeavoured to ir.forts: , themselves, in what character Coles, brothers, atm& . with respect to the goods in question. This they had- • not done, although they had competent magma of so doing. They had been informed of the name of the Lfflessel in which the sugars had arrived, and they knew by the delivery order that Messrs. Bang and Co. had at least something to do'with the property. 'They had, however,. not availed themselves of these means of knowledge, which they ought to have used before they could justify themselves in defend ing this action of a set-off against the broker. His Lordship would not say that the defendants actually knew Messrs, Baring and Co. to be the owners of the sugars, but certainly they had abstained from in quiring into a fact, with respect to which they had been possessed of competent means of inquiry. Con sidering, therefore, that the set-off in this case. was merely an after - th ought, .the Court could nut see any reason kr putting the defendants in a better situation than the More innocent plaintiffs. Mr. Justice BAYMIT and Mr. Justice HOLR011) en tirely concurred in the opinion of the Chief Justice, and judgment was siren for the plaintiffs. courr OP COMMON PLEAS, NOVEMBP.R - This beiftg motion' day; tit/thins occurred btft mo tions, of conics., with the exception of thb case of HART b. DAVIS. Mr. Sedeam VAUGHAN bad moved for a rule to shew cause why a new trial should not be granted in this case, stating that his motion was founded upcni the affidavits of - persons, who deposed that they had heard some of the Jury who gave the verdict, make declarations indicative of misconduct and prejudice on the part of that Jury. The CHIEF JUSTICE observed, that a case had best lately decided in that Court, wherein it was ruled that nothing corning from any Jury, or derived (rout that source after trial, should be allowed to affect the verdict.—ltule refused. INSOLV.V.NTI;EBTORIc COURT, NOV. tz. This day, W. Twysden, Esq. formerly of Upper Brook-street, Grosvenor.square, and Upper Berkeley. , street, Portman -square, Middlesex, and afterwards of Rucklan House, near Edinburgh, Scotland, and Wooller, Northumberland, and Luc Uppir George- Street, ortman-square, was again brought up to take the benefit of the Insolvent Act. He was opposed by Mr. Arinnews on various items. It appeared that Mr. Twysden had coramade ed the contracting of his debts in 1809, at which time he became 11' age ; that he was the eldest of the seven children of Sir William Twysden, on whom be ~had been always dependent for his support. Most of the insolvent's debts arose from gambling trans. , actions. Mr. Pommes was heard in behalf of the insolvent. The COURT summed up the arguments used as both sides, and said that it was sorry to see the heii apparent of 'a respectable family brought before it, and still more so to see that so many of the debts owing to, and owing by, the insolvent, were of - a gambling nature. The prisoner was then remanded, owing to an ap pearance of collusion in an arrest. It was afterwards prayed by the Insolvent's Coun sel, that he might he allowed to come up on a new petition, as soon as he had been detained the prdpet time, at the suit of a Mr. Kelly, to which the Court immediately assented. THE ADVENTURERS TO SOUTH A NIERWA.--ITI eon. sequence of what transpired at the Mansion-House on Thursday last, relative to the enlistment of men on board the ship Perseverance, in the River, Capt. Richbald, of the Thames Police, sent a person on board to make enquiries. The result, which was communicated yesterday S-for the satisfaction of the Lord Mayor (who, however, was absent, and repre ' sensed by Alderman J. Sir.ith) was, chit the vessel was, in most respects fitted out like our transpoits. There were Many persons on board, but they set m wholly free from restraint, and walked the deck if perfectly at home. The hatchways were all open, there was no centinel to be seen, nor were there fire arms, or other offensive weapons on board.. The messenger said he did not enter into ary minute en quiry, but there certainly was nothing like complaint to be heard in the vessel.--'fhe Alderman desired„th* the facts might be made known to the Lord Mayes. 1 , 1 • . 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