Star. — London, England, 1818-07-10 00:00:00

• i. 1 I t ! ) 1 t. ) ; • , st • ei ~:I‘% ON THE DEATH OF HENRY KIRK WHITE. BY LORD BYRON. • •pry! while life was in Its * Unhappy ?Watts. was spring, And thy 'young Muse just wavl her joyous w ing, The Spoiler came, and all thy promise Mr Has sought the grave, to weep for ever there! Oh! what a noble heart was here undone, Mem Science 'self destroyed her fiv'itte son! Yes, she too much indulg'd thy font pursuits; She sow'd the seeds, but Death has reap'd the fruits! 'Twat thine own genius gave the fatal blow, And hslp'd to plant the wound that laid.thee low! •, So the struck Magle, stretch'," upon the plain, .bro more through rolling clouds to soar again, Vieved his own feathers in the fatal dart, And Itteg'd the shaft that qiiiver'd in his heart! Keen were his pangs, but keener far to feel— . lie n*rs'd the 'Won that impell'd the steel, • while the same plumage that had warml his nest Drank the last life-drop froth his bleeding breast! • Killed by excessive study. LAW INTELLIGENCE. COURT OP KING'S BENCH, JULY s. BIM V. BRANDER. An action on a policy of insurance on the sloop Atalanta, on a voyage at and from Trieste to Teka (the ancient Ithaca), and back to Trieste. The loss was averred to Nave been by perils of the sea. Mr. TOPPING, ou the part of thellaintiff; could not anticipate die defence; but causes were exposed to as many dangers as ships, and it was not impos sible that he might be cast away. The vessel had sailed from Trieste on the latter end of October, and proceeded on her voyage to Teka, where she took in a cargo On her return she was overtaken by a dreadful tempest, which drove her on shore, and only two of the crew were saved by lashing them selves to the wreck; the , rest were washed off the deck. He then 'called a witness of the name of Marshall, who was on board at the time of the loss, and established that.part of the plaintiff's case.— Cross-examined, he said, that after the crew (except. I ing himself and a boy) were drowned, the weather moderated, and the British Consul from Venice, after heaving the cargo overboard, procured the Atalanta to be got off, and carried her into Venice. It was, however, admitted that notice of abandonment had been given to the underwriter. On the part of the Defendant, Mr. SCA RLETT said, that notwithstanding the skill of the Learned Counsel on the other side, his case would certainly meet with a worse fate than his ship; it was already aground, and would soon be knocked to pieces instead of being conveyed safely into port. The defence was unan swerable, for at the time the policy Was effected the plaintiff withheld from the insurers most important information—viz. tin._ at that date, the sth of Fe braary, the Atalanta had been long out of time.— The voyage insured occupied usually less than six weeks, and the owner was in possession of a letter front his Captain, by ahicl it appeared that she was to sail on the `lBth of October; yet, the policy was rot thought of until the end of January, in the fol lowing' year. The course of the post from Trieste to London was three weeks, so that had the• Atalanta been safe; the plaintiff must have heard of it long before the date of the insurance. Severtl witnesses were then called to establish this case. and the letter of the Captain of the Atalanta, dated 26th October, was put.in and read. Conse quently the Jury, without a mortwAt's hesitation, found a vesdict for the Defendant. GEORGE AND WILLIAM RANDALL V. GAUNTLET CLARKE AND THOMAS GRAY. .An action for money lnnt (with various other counts for money paid) ander the following tir cum ,tances Gauntlet Clarke, one of the defendants, previous' to ISI2, carried on business with a Mr. Whitehead, as Blackwell-hall factors: that partnership was dis solved at the end of that year, and Clarke continued to trade in his sole name, and apparently upon his own account, until the summer of 1814, when he stopped payment. In. the mean time, however, viz. on the 10th of September, 1813, he entered into secret articles of partnership with a Mr. Thomas Gray (the other defendant), a Gentleman residing at Cheltenham. It was stipulated that the name of Gauntlet Clarke only should appear in the firm;— that each party was td bring in a capital nt £lO,OOO, and that Gray at the end of a year, if he saw re :son, should be.allowed to retire, under certain conditions; ' otherwise the partnership was to continue for fourteen years, insien one of the partners gave six months' notice is • , and made the other a compensation o f pow Bt{oir the dissolution of the partnership between Clarke and Whitehead, Clarke had been a considerable dealer in accommodation bills, and he ;outlasted the practice after that dissolution, and after the lignature of the new articles between him self and Gray. He was in the habit ofraising.mnney in this way among the Merchants and Tradesmen with whom he did - business, and among others with Maunds lind Stocker, drapers to the extent of £2OOO per month. From the plaintiffs he procured assist ance also by two bills, both dated the sth of March, 1614 ; the one for £5OO, and the other for £478. ss. 6d. This transaction, it will be seen by a comparison of dates, was subsequent to his partnership with Gray, who before the of Clarke had got an assigrunent of all the partnership property, and who had of course taken upon himself the payment of all the partnership debts. The whole question in this case was, whether the bills in question were to be tOnsidered a partnership debt, or whether Clarke had obtained the acceptances of the plaintiff merely tor his own private use and accommodation? Mr. Scaatirrr conducted the case on the part of the Plaintiffs, stating the general principle of law, that a sleeping partner like Gray must be liable for all the engagements of his coadjutor in trade, pro. Tidea those engagements were made for the pun. poses-of the business in which they were mutually concerned. The plaintiffs . had lent their acceptances to the d t Clarke, who conducted the affairs of hi and Gray, and had paid them when due. Clarke had failed, but Gray was still a man of large piSpetty, and was bound to repay to the plaintiffs the money they were out of pocket, for the accom snoiation of the firm to which he belonged. Mr. Knight attorney for the plaintiffs, Mr. Stocker, , end Mr. Jarman, were theft ogled, iiho preyed de clarations by Clarke, both before and after his failure. that the bills in questifer and others were obtained for the purposes of tbetrade, and that they bad been applied to the partners sip account. The first of these witnesses said, that Clarke told him that the property assigned by him to Gray exceeded 00,000, and that thi concern was perfectly solvent at the time of the disoolntion. Mr. hlciravcr, for the defendants, said that this cause was one of the utmost importance to Mr. Gray, who had already lost the £lO,OOO with which he en teredinto partnership with Clarke ; and had been be sides called upon to pay many heavy demands. He insisted that the bills before the Court had nothing to do-with the partnership account, excepting in this way—that Clarke, being Mind to find a capital of £IO,OOO, had resorted to this mode of raising money; and it was a settled principle of law, that for bor rowed capital for the purpose of commencing trade with another person, that other person was not liable; it was a private and individual debt, with which Mr. Gray had nothing to do. In truth, Clarke had never brought in his stipulated capital, but had put it off from time to time, and at length failed, after Mr. Gray had advanced, in hard cash, the whole sum re quimd by the articles; the bis in question were no where to be found in the joint"accounts, nor did they ever make their appearance at the bankers of the firm. Under these circumstances, he apprehended that the Jury would not fix Mr. Gray with the pay ment of one more debt, from the contraction of syhich he had never received the slightest benefit. - Mr. Philpot, an attorney at Gloucester, swore to the great difficuky Mr. Gray had always in bringing Mr. Clarke to .any thing like an account i s though turd repeatedly, he had never brought one shilling into the concern. The witness bad advanced 1:7,0(10 to Mr. Gray to enable him to meet the demands upon him after,.the failure of Clarke. Mr. Thieker, who' bad been one of Clarke's assis tants fn burihess, gave evidence to the bill transaa tions of Clarke. The partnerdiip between Clarke and Gray was kept secret from him. Clarke about £5,000 upon a house-,at Hampton,wick. was no entry in any of the books of capital brought in either by Gray or Clarke. The witness did not know of any dealings in goods between Clarke and the plaintiffs subsequent to the partnership with Gray. The witness admitted on tioss-examination, that Ili tho signature of the articles the stock might be w £7,000, but how much of it was paid foe he did know : he did not think that the concern was e then in a solvent state. Mr. SCARLETT called a witness of the name of Wilkins, who contradicted the evidence of Thacker, that there had been no dealings in goods between Clarke and the plaintiffs subsequent to the partner ship wit;: Gray. The Learned Counsel then addressed himself to the Jury, observing that there could be no safety in commercial transaftsonsif the plaintiffs did not obtain a verdict: sleeping partners Must be re sponsible for the debts contracted by those whom they trusted with the management of the business: he insisted that Mr. Gray had been attempting a soft of fraud upon the plaintiffs, by resisting the payment of this debt under pretence that Clarke had obtained the acceptances with a 'view to make them a part of, his capital. Thacker had admitted. that the stock eras worth £7,000, and it might be more; and that perhaps was the capital of Cl.t ke. Me. Justice ABBOTT stursm2d up briefly, leaving merely the question to the Jury, whether the pro duce of the bills in question had been applied to the general purposes of the trale, or otherwise ?—The. Jury found a verdict fo: the plaintiffs, £978. ss. 6d. COURT OF SESSION, EDINIMMOD, JUNE 30. FIRST DIVISION. ?AZT V. DAVIE. It will be in the recollection of our readers, that the Presbytery of Duodee, by a lodgment of 3d July, 1814, and which was affirmed by different sentences of the Synod of Angus and 'Mearr.s, deposed the de fender in this case, the Rev. Mr. Alexander Davie, Minister of Istchturc, from the office of the holy Mi nistry, for the crime of fornication with Sarah Tait, his servant. Against that sentenoe, the Reierend Gentleman appealed to the General Assembly, which met at Edinburgh in May 1815; and, upon the 25th of that month, after hearing Counsel for the appellant against the sentence, and several Members of the *nod in support of it, the Assembly, by a majority cf votes (78 to 51), reversed the same, and found that the libel against Mr. Davie was not sup ported by satisfactory evideace, and dismissed the same as not proven. Notwithstanding this judgment of the Supreme Church Judicatory, the girl, Sarah Tait, persisted in her action for aliment of the child before the Civil Courts, and which, after a proof, and various of procedure in the inferior and Supreme Court, which it is unnecessary to' detail, came b.lare Lord Ar.t.o way, as Ordinary, who found that there was a semi plena probatio, and allciwed the pursuer's oath in sispei plemeut to be tieken, and which was accordingly done, and sealed up. Against the Loan Ostaiti interlocutor Mr. Davie appealed by petition to the Inner House, but which was refused on the 19th Fe bruary last, and the oath ordered to be opened up. Upon the 27th of same month the oath was opened up, when it was found that the pursuer had sworn, in the most unequivocal terms, to theconneetiou with the defender, and, upon the Sd of March last, the LORD ORDI!:ART pronounced decreet against the reverend defender for aliment of the illegitimate child and in-lying charges, in terms of the libel, with ex penses. On the 7th of March these expenses, in con sequence of this long protracted litigation, were mo dified to, in whole, 2931. Ss. 10d.; and Mr. Davie having petitioned, not on the merits of the cause, but as to the amount of the expenses, considerable part of which, he contended, he was not bound to pay, the COURT this day refused his petition, with additional expenses. The cause, therefore, is now final and con clusive against Mr. Davie, unless he chuses to carry it to the Court of last resort. Clerkenwell Green is shortly to be inclosed with a handsome iron railing, the iaclosure to be planted and laid out into gravel walks. A plan of the proposed improvement has been laid before the Hatton-garden Magistrates for inspection, and approved of. It is to be in the form of aD. with the flat side fronting the Sessions Rouse, between which and the incloanre will be icjiaved fookway ? All ids of saraitifi, being~ obliged to go pound. - POLICE.' . GORsestall.-aal. Imes- was charged with uttering' vtorged El Node, at the Bunch of Grapes public house, ill Jewin-streett The prisoner was remanded. Riewstos-Hoosa.— Yesterday Ann Ohs, a young girl, was brought up, charged under the following dis ' graceful circumstances :—The prisoner lived servant with a poor man named Difpree, and had the care of two children, one two, and the other 17 months ' old. On Wednesday morning, her master desired her to take the children to their mother, who sells ; fruit in the street, in order that the younger one ' might receive its usual nutriment. She, however, went another way, and remained absent all day.-1 Towards night the father became alarmed for the safety of his children, and went in search of the pri ' saner. After' wandering about for several hours, he at length found her near Shoreditch church, in a state of intoxication, surrounded by a mob, and the children in the care of other persons. The youngest appeared to be dying from want of nourishment. . and from the effects of a wound in the back part of the head, which he learned was occasioned by the prisoner suffering it to fall from her arms upon the ground. A surgeon to whom he applied advised a warm bath; as the only means of preserving the life of the infant, and the father hastened home to pro cure one, but the child died soon after his arrival', Mr. Edinborough, surgeon, of Fore-street, who at tended the child - at home, attributed its death mainly to the wound in the head. The prisoner did not deny the charge, and seemed to treat the circumstance with great levity. The LORD MAYOR observed, that the charge was one of a very serious natUre, and demanded ample investigation; and the prisoner must therefore be re manded until a Coroners Jury could determine upon the matter.—Remanded accordingly. • A Jury was assembled yesterday at the Swan's Nest, Coleman-street, before Mr. SHRLTON, the Co toner, to inquire into the cause of the death of the infant mentioned above ; but as the necessary wit nesses were not in attendance, the proceedings were adjourned to a futurt day. Lhuov HALL.--.IIOOD v. INGRAM.—This was an inforeattion under the new act, for regulating the charges to be made by brokers in levying distresses for rent. The plaintiff is owner of a considerable num ber of houses, and the defendant is a broker residing at Clapham, and has generally been employed by the plaintiff to levy upon such tenants as were in arrear for rent. In May last he was instructed to seize the goods of a poor woman, with sir children, who was unable to pay to Mr. Hood the money she owed hint ; but his feelings of compassion being called into action by the distressed situation of the unfortunate tenant, he omitted to levy the distre:s, according to his instructions, but allowed a farther time forthe money to be procured, and when it was paid into his hands a few days afterwards, he de ducted ss. for his trouble, and handed to the landlord (the plaintiff) the remainder of the money. For this deduction the landlord exhibited his information. Mr. Tecuas,solicitor for the defendant, contended that the Act applied only to cases where tenants had been overcharged, and then only where a distress had actually been Fevied. In the present instance, the com plaint was by the landlord, and no distress was made. Mr. CARR, for the plaintiff, stated in reply, that the solicitor fur the defendant had only given his at tention to a part of the act. The act had made it highly penal for a broker to charge, either tenant or landlord, or any other person " for any act, matter, or thing, unless such act shall have been really done." In the case before the Court, the defendant had per formed no act of brokerage, and yet he had made a charge as if such an act had been really performed. The Magistrate agreed with Mr. Carr in his con struction of the statute, an 1 stated his unwillingness to inflict the penalty, when it was evident that the defendant had erred, partly from ignorance of the law, and partly a feeling of a virtuous com passion. He should, therefore, direct that Mr. In gram should make repayment of the overcharge, and defray the costs of the proceedings. CIDERN•SQUtaRZ.-•-It seems the watermen at Hun gerford-stairs are constantly charging one another at this Office with breaches of the Waterman's Act, in stead of taking their complaints to Waterman's Hall. Yesterday E. Saunders was charged with having plycd a tare at Hungerford. stairs, and taken the turn of J. Smith, who was then first, which ought to have been a penalty of 2s. 6d.— Smith was then charged. by Edwards for having on two occasions worked with another man's name and number, which subjec ted him to a penalty of 20e. and not less than ss. but in consequence of an error in the information, both eases were quashed.—G. Heath charged Cadtvell with abuse, by calling him an informer. The defence was, that Heath gave aggravation, by saying Cad well's brother was transported. Convicted in the pe nalty of ss. Tuesday night, while Mr. WAnnixostAu, of the Constitution public-house, Bedford -street, Covent garden, was busily engaged waiting upon a party, some thief entered his chamber, and plundered it of money, jewellery, and wearing apparel, to the amount of £5O. Among the property stolen was about 1.:15. in curious coins, belonging to Mrs. WADDINGIIAM. About nine o'clock, on Tuesday night, as Mr. Nimia, schoolmaster to the Catholic School, in Dean-street, Soho, accompanied by a Gentleman of the name of CoNDY, were returning to town from Hampstead, in passing by the Regent's Canal they observed a poor woman, with an infant, about six months old, in her arms, op the aoint of precipitating herself and child into the water, they hastened to the spot, and happily prevented her executing her dread ed purpose. liiedcesday morning two fellows, passing the bowel of Mr. Goonmsr, Southampton -street, Camberwell, observed a mahogany writing-desk standing just in. side the window'of a front room, the sash of which was thrown up. A female servant was in the garden in front of the house, and, in order to draw her at tention away while their felonious project was car ried into execution, one of them wont into the fore court of . the next /mum, atd entered into conversa tiara with het over the separating wall, while his ac complice drew the desk from its piste, and &camped. Besidie other valuable *pies, it coat fiftocil ..pounds in Bank-aotes; . • lERSSY, JULY 5. kh Thursdiy and Friday last, five yowl s et i . . "with-passengers f r om Ft ance . Ther brou g h t iv : . quantity of fowls, mostly alive. destle 4s. w and chickens from 2s. to Es. a couple ; som e at three halfpence a pound ; indifferent b e mutton at sd. and 6d. a pound, not fresh. Oarrf t i, vessels that arrived here on Friday Iva ; l ueen tirely with cherries, they sold from a Id. to !id . pound. The quantity of fruit of all descrioe never remembered to be so a b un d ant in trptiazsesur is this .season, nor such a promise of a gre at Every at ticle of provisions is very dear in ..hrr scr , notwithstanding the uncommon fineness of 6 4 c ;, ra bread still keeps up at Sid. the pound, and terfr .4 mutton from l Id. to I s . a p oun d. The Irtrivreu bakes here are not very numerous ; to their rr—:, nations and the supineness of the Magiltrx,..s::: cessive price of provisions is in a great rnekv-it tr, s attributed. Had it not been for the vast a of potatoes, and their cheapness, the peer: : would not lave been able to procure iond. has fallen in price here since the war, but li.3ro t ! ' witges.—Owing to the uncommon fine appeorace the orchards and abundant crop of rpp:,rs, ty,:a is now retailed at Id. the quart ; the Lauerat a pound ; pease 9d. the pot or pottic, There has scarcely been Ibiown in the ine,,sor oldest person here such a long eantinuen.,! of is weather, nor such a prospect of - a plentifit, . The sun has been very hot. Wind, moiny l breezes, from the S.S. W. and N. W. Monday last, at the Theatre, during the reirez , tatibn of The Conquest of Algiers, a lad, about fuz teen years of age, apparently in liquor, had , g.a ti one of the cross beams of th e roe : ; d:recy ere the orchestra, where he dropt asleep, and fel: iris on his head, a depth of more than 1:; Ittt, :u1,1”-• is extraordinary, his skull was not :c ~ bones broken. As there is no infirmary or Iloc.*::d here' to receive those who meet with act:id:ins. !a was carried to a public house, and mtwith,:.l:2ing the violent contusions he received on the 142,1, different parts of his body, he is likely to du wel Tuesday Mr. Ross, boot•maker, cf Untehz-.4 went, in company with his apprentice, to b2:Lt• the Thames, s•:hcn he get out of Lis &pia, ell was drowned. Wednesday morning, about half past six o'clock, , e• veral young men and boys were bathing in the !ke• pentine River, in Hyde Park, near the bridge by tl.l Barracks, when one of them, a genteel youth, cf alk:z 19 or 20 years of age, went out of his depth, and La being able to swim, was drowned. A melancholy occurrence took place at the Cm-r. Keys Wash, Lincolnshire, on Sunday. Two lads biz: in the most imminent danger of frowning, a you: man, named Thomas Esdaile, we:.: to rescue ern, in which he succeeded, but lost his own life in cid:a• vouring to regain the shore. Sunday mor.iing, about fear o'clock, a man tried at Maidtoile, was :wakened by a strong sine. J fire, and :pprcaching the room of his wife, w:w had lain in but a few days, found the curtains and end the bed-clothes in limn, and the poor woman let aeleep. Assistance was immediately procure-!, and - the Ere extinguished, but not till it had don cceci• derable damage. The fire was e:casioned by asire from a candle-left burning by the bed-side. As a stage-coach was going at a remarkablY pace up Cow-lane, West Smithfield, on Tuesday ternoon, the coach, on going over a sink (which was very low, not having been raised on a level with the pavement) was overturned. Two persons were thrown with great violence against a wall, and the bo on d of h the e te coach f pavement, t i le all y inf ve o were others who , were ,iy w hult. st lv •alking We ale sorry to add that three or four now lie in a very dan gerous state. • BIRTH. The 26th ult. at Barbr ,, ,:k, Argyllshire, Mrs. C.lpt. C.a.; 3, of a son. • M.l ft ED. At St. Mary-la-bonne Church, on Thursday, the 9th hatutc by the Rev. William Mead, Hugh Lewis Albert, Esq. let .1 the sStb Regiment, to Jane, only daughter of Matthin Esq. of Tandridge Court, Godstorre:, Surrey, and niece n Ro• bert Wilks, Esq. of Wanstead, Essex.- July 7, at High Wycombe, Bucks, John M. Carter, reid Hertford, to Susannah Sarah ; and at the mine time, VIA Lewis, Esq. of Piggott's Hill, liens, to Eltanor, slacittn of the Rev. Janus Price, A.M. Rector of Great 31tmder, H. and Vicar of nigh Wycombe. DIED. June 29, at Overton, Lanirkslaire, John InglK Crwirt infant son of Capt. James Coutts Crawford, of Overton. July. 2, at Stanwell, Middli.srx, after aloe Slaw, ef'.l4 Mania Gibbons, third dagghtcr of Sir John Cabana. May 8, at Bee bier, Ralph John Jikis, Esq. younyvn son Cl the late Sir John part. of Coekbeld-hall, Sub JUne 1 0 in Novoorosl, the Russian Metropolitan UNA Archbishop of the former place. The 28th ult. at Aberdeen, aged G 3, Mr. Levee Nicol, Orr dresser ; a man, from his upright chat act.r and i.toffea.i‘v e ners, highly respected by his friends and acquaintancts. Yt bas made the following charitable bequests :—To the lul - M7 of Aberdeen, tfs U.—To the Lunatic Asylum, ditto, I: 1 —To the Sick Man's &witty, Old Aberdeen, The 28th ult. at Aberdeen, Janet Youngson, a t de vcry vanced age of 101 years. She was a cause of de prob . Logle, and was able to go about until a day or two teen aer death, being on the streets on Friday secnight. llertnohtr, Margaret Milne, a native of the neighbotainf pai>h to lovcro. lived also to the age et 101. COURSE OF Amsterdam 7 0 a 2U. Ditto j at sight 56 6 Arnsttrdam ll 7 C. r. Ditto at tit 11 4 Rotterdam... ....... S 2 U. Antwerp, ca-mo. 11 11 Hamburgh 34 S U. ' iltona 54 6 2111. Paris, S day's date 24 30 Ditto. p 24 50 9U. Lknirdeaux de. 94 50 rrankfort EMMA:COIL Bilbao, elective IN Glbraltat ......... St Leghorn ......... St Genoa ........ 471 Venice It 1. Liv. Malta ........... 31 Naplo ...... 44 Palermo .......1:O 4 per of Lisbon ........... 5) Oporto ......». . 19 Rio Janeiro ... . PRICE OF STOC Bk. Stock Red. 781 a Cons. 774.1 ex. div. 3i per Cent. 88i 88 4 per Ct. 96if, Navy 104 106 ex. div. Long Anns.2o 6-161 'KS YESTERDAY. India Stock Bonds 99 pr. Omn, dis. par. Exeh. Bills (21) 19 21 Ditto (4 ci) 20 21 Cous. for Ac. ITO Lottery Tickts, 4,19 les _ HIGH WATgu a LONDON BRIDGE TO,MORROW. o minutes afixf LONDON : P'rthred sad poitaldwed by fans Ku?, PA* ' ' - Mk, Tcalpie- Bar.