Star. — London, England, 1818-07-02 00:00:00

LiftW 17,1TELLIGENCE. COURT O 1 CHANCERY, JULY 1. Upon the motion of Sir A. PIGGOTT, it was ordered, as 'usual, that the Accountant-General's Office should be shut from the 19th of August to the day of the First Seal before the next Michaelmas Term, in order to give him time to make up his accounts. A few Bankrupt Petitions were decided. In the course-of the'day several calls having been made of suits, the Counsels in which were absent, the LORD CHANCELLOR EX:HTSSECI great displeasure at the circumstance. He had intimated before, and he should then repeat it, once for all, that in future if the Advocates in the cause presented should not be ready, he should immediately proceed to the next cause on the paper. • VI Mix DA NC R LLOR'S COURT,. JULY OPERA-HOUSE. WAT=S Q. TAYLOR. Sir SAllust RositnnY stated, that this was it re newed _motion, calling on Mr. Waters to pay into Court the sum of 54,162/..being the balance of the -perchaselnoney of the Opera-House. . • Atter a short conversation between the Vree-Citaw cas.nok and Sir Long., the consideration of the motion was ordered to stansllover. TILE SAMR v. TILE SAME. Sir SAMUEL P.ostru.st moved that 'zr. Waters mightle compelled, by an order of that Court, to insure the Opera-House for a proper amount. Mr. Taylor on making inquiry at the Insurance Offices, found it was only insured for 20,000/. although he (Mr. Taylor),.iby the lease of 1792, was bound to in sure it for 24,0001. • Mr. HAP.T, Counsel for Mr. Waters, 'laid, that he . understOod his client had insured it for 23,0001. Sir SAMUEL R0?:1LLT....." 1 hat is not the case." The VICE-CHANCELLOR—" Yon had better ascer tain the exact sum it is insured for, and bring this station on with the preceding one to-morrow morning. .IMPROVEMENT IN PRACTICE. the course of some observations Which the Vice- Chancellor made, in reference to a report of the Muster, in which the Master gave his opinion against the validity of a title to an estate, His Honour said, that he thought it would be a great improvement in practice, if the Master, in his Report, should always state the grounds of his opinion—the Court might then effectually judge of those grounds for itself. He accordingly desired the Registrar to make a memo randum on this subject,' that he might suggest it to the Lord Chancellor.—The Gentlemen of the Aar s.-ho were then present concurred in the utility of Lis ilonoOr's suggestion. COURT OF KINQ'S BENCH, JULY 1. xoc:Eits t. POFKIN, Gtgr._ 'Phis was an action against the defendant, an At torney of this Court, for assaulting and falsely int riveting the defendant. Mr. gIiRNEY, for the plaintiff, stated the case. —The plaintiff was a respectable silrersmith and eetiellef, residing in Pall-mall, and the defendant . Ira: an attorney, residing in Dean-street , Soho: • For eeveral years the pertics had been on the most friendly teems, the defendant acting as the plaintiff's attorney on teeny occasion!. In the raendi of March, 1317, the plaintiff had given the defendant a warrant of attoniey to confess judgment for 150:125.e1d. being composed of a sum of 19&. supposed to .have been teat ley the latter to the former, and the remainder for law expenses. This security, howeeer, had been satisfied before the end of the Jeer ; but notevith s:anding this circumstance, the defendant took out eeecution against the plaintiff on the 28th of Fe bruary last, and on the 1 eth of March following he wa* arrested on a . Ca sa for this very debt, which had been previously satisfied, and carried to a lock eel house. It was then vecation time, and the plain tiff being taken in execution, of course could not give bail, but he sent a message to the defendant, t equestiug that he would eve his consent to his being discharged on paying the money levied into the' hands of the Sheriff, to abide the event of an appli cation to the Court to set aside the warrant of attor-1 r.cy and execution. This was refused by the defpn-' dant, upon which a summons etas taken out to attend before, Lord Ellenborough (the only Judge then in, town), to shew cause why the plaintiff should not be discharged out of custody upon lodging the money in the Sheriffs hands; but this summons was not at untied to. A second summons, fur the like purpose, was also unattended to ; but upon a third summons, the defendant did attend, and, after resisting the ap plication as much as possible, the Noble ana Learn ed Judge ordered the plaintiff to be discharged upon the money being deposited with the Sheriff. In Easter Term, an application being made to the Court by the plaintiff to set aside the warrant of attorney sad execution, the matter was referred to the arbi tration of Mr. Reader, the Bari ister s who, after hearing all the parties, decided that - there was no; debt due from the plaintiff to the defendant, and con-' sequently ordered that the warrant of atterney and execution should be set aside, and that the money deposited with thrSheriff shoUld be fristareclaci the plaintiff, with costs, which was accordingly Joie.-- Under these circumstances the present action was brought, and the Learned Counsel cemmented with considerable warmth upon the eonduct of the defen dant; who, he contended, acted on this occasion from the most malignant and improper motives. To prove the plaintiff's ease the following witnesses were called : . Mr. Alexander Keltie, a jeweller, residing at N 0.5, Pall-mall, stated that he had known the plaintiff; who', was his next door neighbour, for many years,. The defendant was an attorney, residing in Deanettreet, .oho. lie had never teen him but once in his life,' and that was on the 11th or 12th of March last, when' he went to his office to pay two bills of exchange, for ieee. of which, he; witness, was acceptor, the plaintiff the drawer, and a person named Merland, the payee.' Witness told the defendant he had expected that the plaintiff would have paid one of the bills, to which the defendant replied, that he had not; and supposed' would n. 'Witness said to Mr. Popkin' •. are you; on friendly terms with Mir e ßegers The defendant replied, " - no—quite 'the reverse. To convince von of that, see what I am going . to do." He pulled 'out, from amongst his papers, a piece of parchment, which was a writ, and said to witness, " perhaps Tots don't nuderstand what this is—it is an execution ; but I mention this i t s- confidence. I don't expect you tc.• oimeit again," The defendant then said, that Mr. rgerS had used Mr. Morland very ill, for he , had served him with a copy of a writ fur 9t.—that Mr. Morland had been a great friend to Mr. Rogers; and that, therefore, he thought such very unhandsome conduct. Upon the subject of the bills, he said to. witness, " kwould recommend you - to pay them both, for if you do not do so, there will be four actions brought upon them, and in the of Mr. Rogeri failing (a circumstance which pr y will be soon'', the whole expense will fall upon you, as acceptor.' Cross-examined by Mr. TOPpiNG.—He did not con sider himself as a tenant to Mr. Rogers. He had purchased the lease of his house from him, but paid the rent to the lan rd. The improved rent, about 4 ) £25 per annsrn , he 2 aid to Mr. Rogers ; but the prim , cipal rent, about 90, lie paid ro the owner of the louse. He had at tett conceived Mr. Popkin to be the holder of the bills, which he had tilled to pay ; but he afterwards understood that they had been dis. ,punted by Mr. Morland for. Mr. Rogers i and that they had been pet into Mr. Popkin's hands to be sued upon. Witness 'had obtained no time; as acceptor, to pay the bills, beyond the time at which they were dpe, except , one day, as to one of them. George. Duke, from the Sheriff's Office, produced the writ of Ca sa upon which the plaintiff had been 'arrested. It was sued outan.tbe oth of February, but was not executed until the *gift of March. Gear Wilson, the Sheriff's Officer, proved thatle the plaintiff in his own house on the 13th or March, at the suit of the defendant, and he remained lacked up at witness's bro'ker's house, No. I, War. wick-oourt, Holborn, until the 20th of March. Mr. Henry Hilditch, Cl frk to plaintiff's Attorney,) proved the fact of three summonses having been taken out before Lord Eilenborough ; two of which were unattended to by the defendant, although a polite message had beet sent to him, requesting . his consent to the plaintiff's being discharged, on lodgrng the money in the Sheriff's hands. Mr. Searle, plaintiff's attorney, preyed the subie-, quent proceedings in the King's Bznch, and the re ference of the case .to, Mr. Reader. Witness's own costs, paid him by the plaintiit amounted to £44. Dlr. Edward Roe, Clcrk to Mr. Reader, proved the ex , :ution of the award of the latter, by which he .directed the warrant of attorney and execution to be laid aside, and the sum of £l7l. 4s 6d: the money depcisited, and Sheriff's poundage, to be restored to' the plaintiff. This was the case as prove 1 for the plaintiff. ' Mr. TOPPING and Mr. Esr.NASSE submitted & that this, which was an action of trespass, would not inasmuch as the act complai ied of was done in pur r suance of the Sheriff's warr Mr. Justice ABBOTT overt-,led the objection, saying that the writ should have ben specially pleaded, for the defendant could not avail himself of it under the general issue, in justification. Trespass would lie under tlle circumstances of the case, unless the justi fication was pleaded. Mr. TerriNo then went to the Jury with such ob servations as the case could afford in favour cc the defendant, conjuring them to watch the evidence with jealousy, and above all not to suffer, any .vindktive feeling to enter their ntiads in considering the ques t Lion of damages. Mr. Justice ABBOTT summed up the ense with suitable observations, and cautioned thelurf against giving an intemperate verdict. The Jury found kr the plaintiff—Damages CM; cowit V. DAUN, • • _ . . Dry. SCARLET? stated this todae an action OA aIDI of exchange, drawn by the defendant, and accepted by Richard Gurney. The bill *as dated the 25th of, October, 1817, for £375 payasle six months after date. It was accepted by Gurney to take up other bills in the bands of Wilkinson and Co. of Liverpool. The plaintiff, who had transactions with Wilkinson, received the bill in question. He should prove the hand-writing, lie said, and the presentr.ert of the bill, and then be enftled to their verdict.--The hand writing of the parties having been proved, Mr, Gunizr, ft , r the defendant, objected to the plaintiff's right tl recover. His objection was this; the bill was bzunmed in gambling. Dann, Gurney, and another pers:m engaged in gaming, gave certain bills, the result of that transaction, to Daum to get discounted.. hie deposited the same in the hands of Sandmark and Minton, of London, who paid them to Wilkinson in discharge of a debt. Not being paid when due, an action was brought on one of the bills. The defence then was, that the bill was vitiated by the gambling transaction, but the parties eventually agreed to take up all the objectioaablebills by giving the bill, which was the subject of action. It was ac cordingly Livca and endorsed to the plaintiff. Mr. Gurr.e:. contended, that the bill was no more than a renewal cf the gambling bills, and being without legal consideration the plaintiff could not make it available. Mr. Juvice ABBOTT was of opinton, the plaintiff could tecover, When the parties gave the bill to, Wilkinson, they had a knowledge that Wilkinson had a claim on them, and no legal decision had eves made a bill thus concocted invalid in the hands .of an innocent holder. .:Flee Jury found for the plaintiff--Damagor £s7s. COURT OF COMMON PLEAS AMIN. BORODALE AND OTHERS E. BEANDON AND QTHRIND This was an action to recover from the defendaats the sum of £lOO, being the value of an iron cable, and an anchor, which had bmir lost. The particu lars of the case were as follows s—The &tend:ruts had obtained a patent for making iron cables for ships, and had sold one to the plaintiffs, who were owners of the Indus East Indianian ;at the same time 'they warranted that it would possess the strength ' and durability of a 16-inch cable. The ship sided from London, and arrived at the mouth of the Oan ges in the month of June, 1816. The anchor was then thrown out, in order that the ship might wait for the return of the tide. It was then discovered, as the witnesses stated, that one of the links of the cable was broke, and it was fotiod necessary to aban don both cable and anchor, for the security of the ship and cargo, eszirnaerd at 040,000. Captain Oldham, who was Captain of the Indus, said, that in lute, 18!6, while he was at dinner, the boatswain came and informed him that one of the links of the iron cable was btoke4 he immediately went and saw it. The pilot who had the care of the ship told. him, that if he did not go out directly to sea, he would not be answerable for the safety•felje ship,. but would give it up whim. He *inlet wit the pilot, that Who delayed.a moment the ship And. cargo must be iut dears of Wog lest. it _woo jigs an ebb tide, which had only two lours to run. A 16-inch rope cable would have lasted two years.— If there had been a rope cable at the time, it would sot have broke. He might have used the cable three or four times before, but not in very stormy weather. He did not himself like i , on cables. W. Nicholl said he was bcatswain of the Indus. At the time she was at anchor in the Houly river, he saw one of the links broken, and immediately reported it to the Captain. They were not in sight of land ; they were between two reefs, the wind - blowing ini and the tide was running out ; It had but about two hours to ebb. The pilot would not allow the ship to wait for the return of the tide, but insisted on the ship's going out immediately to sea. There was a 'heavy swell, and a fresh breeze at the time. If they ,had a rope cable, there would have been no danger. The broken link was on the deck, but the pressure an it was equally great there, as in any other part. They tried to raise up the cable and anchor ; but in trying to do so the hawser broke, and the chain-bolt was torn away. The cable was then abandoned. ' The Carpenter, the Foremast-man, and Steward of the ship, swore that the chain was broke right athwart. Mr. Serjeant LENS, on behalf of the defendants, toW the Jury, he should be able to contradict the evidence of thore who stated that the chain was broken athwart ; there was only a split or slight se paration in that part whore pieces of the chain had • been welded togedier; and that was nut a thing at tended with any danger, and could not have justified the alarm which occurred, and which caused the peo ple on board to abandon the cable and anchor, which they might have raised' up most easily, if they had not been so unnecessarily alarmed. He then called Mr. Fuller, an engineer, who said he was em ployed in the manufactory of the defendants. He saw the chain cable in question proved ; every link . was proved ; and the average strength of a 16-inch mile cable was 41. tons, and he never saw a link of the size belonging to this iron cable broke, under 100 tons: If one of the links had been unwelded, it would bear more than 44 tons ; he had known onel bear about 60 tons. If one link had been broken in the manner described by the plaintiffs' witnesses, weight of eight tons would thaw it straight out. The weight of the chain altogether was nearly six tons, five tons of it were out; and-with that weight, and the pressure of the ship upon it, he did nut think the chain could have held a moment, if it had been bro ;ken.in the way described. The Jr.ofvrt—" Are you prepared to say that fire witnesses who have sworn to a positive fact, are all perjured ii"" His Lordship then told the Jury, there was no imputation brought against the defendants ; but they had warranted the cable; and when it did not an swer the warrant - 1-y, it was 'of no use to be setting np theory- aguinst practice. Verdict for plaintiff—Da mages 44)0/. i .. I i 1 • ; II ! I • , i 1 • ! • I 1 1 i • • I . • 1 1 PI ' 1 . 1 I 1 i i 1 . - 'S Iv 1 • ! 1 ~ i .., , . ! , . , . i i IF ii i le 1 I. t , t • ( i\ 1 ) i :. , 4 -,. ;, i A HOUSTON T. THORNTON. The Cohrt was occupied for several hours .in a 'trial, where the executors c‘f the- late Mr. Houston, part owner of an estate in Demerara, sought to re cover from a Mr. Thornton the interest of 10,00 W. arisipg cot of bills accepted bk him*: The Ease con sitting chiefly afmatters of account, was altogether destitute of haven. After; same deliberation the Jury &and for the plantiffs—Darnages 1,0144 • -1 COURT OF KING'S BTNCII, DUBLIN', JUNR IR • JONES V. CAMCK. Bit...WM.IAT opened the pl=ding. He saltl,-that this was a special action on the case for a libel, and that the declaration contained five counts. The first stated that the plaintiff, Frederick Edward Jones, was proprietor and patentee of a certain place of public amusement, called the " Theatre Royal ;" drat the defendant, John Carrick, was proprietor and printer of a certain newspaper, called " Carrick's .Morning Post r and he, the defendant, had printed and published in his said paper a libel of, and con cerning the said Frederick Edward Jones, for the purpo e of holding him up to contempt and ridicule, and injuring his character and property. The alleged libel was then set out. There was a count for special damages sustained in consequence thereof. The da mages were laid at Two Thousand Pounds, and the defendant pleaded the general issue. Mr. Serjeant Jos , stated the Case on the part of the plaintiff. All difficulty respecting the application of the libel was removed by the annotations—no man in Dublin could read it and be so foolish as to doubt it applied to Mr. Jones. The following is the poetry " Thus excited, we chatted of players and poets Of the stars and the sparks—of the brilliant and low wits ; And grieved, when 114 found out by certain things read, That the genius of drama was dying or dead— TMit the • lights of old Crow-street, so bright and inspiring, Litz sumbeams at evening, were slowly retiring— Yt lingering and loth as a midsummer's day, Till unkindness and tyranny force them away; nd whatever of merit, or Worth that reniains, Depends upon whatever of Cash Hz detains, Who wields about Crow-street so wildly the reins. But, alas ! the perspective still darker we find, Though bad at the best, yet,' theses's( is bekistd.' • For the Vicetetal sceptre (albeit almost isetest). Will room be resigned by one favourite And now for the annotation : " The affits of Drury-lane Theatre suffered all the mischiefs which could arise from the imprudence Cr inability of the Ma nager. rleetwood. That Gentleman had embarrassed his do mestic concerns, by almost every species of misconduct. Ile wa; one of those happy prodigies in life, which people gaze at, but cannot understand ; who, without a oi.itde siaywnce of his own, I continued to lavish away ilsousairls ; bustled on with lh ury-lane for more than ten years, during all which time the Theatre con- titued in great distress, and laLaured under every inconvenience, But what renders the circumstance so extraordinary is, that while the whole theatrical train scarcely gleaned from the pro. fits money sufficient to sustain existence, their profli,;ate Mon: wa+ring sump, and enjoying emery funny. F:twood at la.: foun himself involvod in such dilficulties, that there no other means of extricating himself from them but • • •." But what? Three stars! 'What is the meanisg of the three stars, Gentlemen ? Something too bad to he expressed! But this is not all. We are tcl,l 4, The testis ha Dramaac Mirror—we l u cre %%Len:. to look (r the contmaitary." The plaintiff's case was then closed; and. Mr. H. D. GRADY stated the case of the defendant, i n a rh which occupied near two Lours and a h a lf i n delivery. No witnesses were examined on the pa r t of the defendant. Lord NORSURT chlrged the Jury, leaving the elocution altogether to their decisio n . They retired fat a short.tinte, and then brought in a vesdict for tOc defendtnt. Thh verdict was received by a very t .coordsd Ctv.rt, three distinct rounds of arplau ,e. POLICE. Bow-craturr,-- Yesterday Ifenq works a ferry-boat over the Tharnes, from hl to the Surrey shore, was charged with woundi Stone Strickland, who resides in that neighbo It appeared that on the evening of the 2&h 1 prosecutor had applied to the pr.sonet- to fer aver the Thames, which he refused to do, us e , of abusive language, without any provotati knocked him down, and, while he was ch.nvn and kicked him several times with so rued, on the bead, that the impression of the wil l shoes was visible for a considerable time, sod eye cut open, which brought on commi x head. The surgeon s‘ho attended him was p c to pronounce him out of danger till Tued.sr, defence set up was intoxication : • blt rel observed, that would no:. ava:l, and he eloald very good bail for his heinous cane; ands red him for want of it. QUEEN -SQUA ra.L-1 - esterlty Niched N,,( 41 finally examined, and fully committed, for certain notes purpoitin7 to helcng to the Ere merset, and Bath Banks, which failed sax ago. The prisoner is a swindler of no mks Several who had suffered by him, hover/a,: clined to prosecute. UNION HAL L. --YettClllll y E7ita 1. 1(u , brought before the 1 1 .1.igistrates upon the fc charge :.....Goff, the officer, stated, that on last, in consequence of inform:dim: vticis he ceived, he watched a house in Peas -street, L and observing the prisoner come Jut and to Westminster Bridge, he followed :Ind steipe In her right hand, which was fast clenched : three Notes, ptnporting to be (tithe Bank of J for one pound each. Suspecting that they !ferias, which proved to be the case, he semi The piisoner said they were given to her o. tleman with whom she formem lv lived.—Coo At kingsland toll-bar, near London, on morning, a six•inch wheel waggon had to extra sum of £'13.195. 6d. for over-weight. loaded with furniture, going out of town, and prictor, in his anxiety to carry all he cculd, a dozen and a half or two dozen sacks of cog body of the waggon. The Montreal Papers mention the death o children from eating the drat terms, eild or water hemlock, which grows in very aet and resembles very much the root of a carro 'so virulent a poison, that one bay died in half after eating it, and another in an hour and a h Exciamous SEA SrAirENT.---The Coneffer4 eel User of June 9, contains a letter from the of the brig Wilson, of Salem, bound to wherein he states, that during his p Henry, he fell in with ' as he supposed a vessel, when he ordered his boat to at Lowe 'to his great astonishment he found it to be t Serpent ; he says he then examined it, and object he never before witnessed : he believed about 190 feet in length, and its ttouth andfi of an enormous sine. . After returning to the d .bore off. fearing the consequences that migL from its coming in contact with the verse;. AItARR LLD. Tuesday, t.t. Thai e, OafiYiSbir;:iffatir Wsuol. of Regiment, to tu.ea-Ma.-ta, you:sent dar l duer of Jett Esq of that place. Alotday, at Liatiersta, Robert ,ar.shaa Richards, E artrerTenspie, to .race, only daughter of Mattbew Cl of Waadawortit-eareunos. Wednesday se'anight, at Liskeard, Mr. *maple 2 : 3lra Webber, aged 40. The briclereorn it &veteran ip in matrimony; having fought at the battled(' Mutter's this brieg the fourth wne of his appearkg at th, 3 r:r.etc RENOVATED HEALTH. TT has been too.frequdntly the subject of 'it A- general reprobation, that men, destitute of the di the medical art, have oared thtm.selvcs as candidate I patronage in the profession of physic. For the purposeof tic* to the result of our studi.s sad experience and to s from being classed among those ernplrics, wh ose Impt tensions have, unfortunately for society, been the hive ceived, we bet leave to submit, to the liberal and enliE faithful statement of our pursuits and acquirements. At received a regular medical education, u the pupils Orindal and Blizard, whose lectures and practices wt attended, as Professors and Surgeons of the Lund( tal, we entered ourselves as sttuients in that justly school for medical acquirements, the Royal College of h and were instructed in the different branches of Amu gery, the theory and practice of Physic, Chemistry, 3 Botany, icc. Ate. by U.C.St eimuent professors, Di Gregory, Black, Hamilton, Dun...an; and Rutherford. we than not be deemed presumptuous in-saying, that eiency and acquirements axe r.t.t inunaiderable. H. long series of years made certain complaints, and the r eases of DEBILITY, the particular object of our n practice, it will, we hope, be allowed, that We have super:or knowledge of their treatment and cure. In recent cases of infection, a perfect re-estabbalsment is 4 in the short period of two days ; and in those of the ; ' , curacy, where other practitioners have failed of proper perseverance in our plan of treatment Insures tient a safe and radical cure. Amidst the melancholy variety of disorders which s fects of a habit long and most unhappily pursued by th , both sexes ' there are none more alarming or more t than thosedellcierrciel and debilities which frequentlyp imbitter the matriumnial state. To such persons a a Consoling reflection to know, that they may now, hi s infallible mode of treatment, be restored to that ittg. human blessings—a strung, manly, and vigorous coma all cases of debility, from whatever C211,C arLing, every species of a certain infection, we may be conic% dents of either sea, with thereat, s: secrecy and Moos of consultatinit at home, from ten to three, and front evening till ten at night. latients in the country are requested totem the par their case, age, and general habit of lien g, bcz. dec. et remittance fur advice and medicines, the same wit or sent to any part of the kingdom. To Mame that I essential to our undertaking, the postage of letters may to the account fur medicines. CITRItIE and ei.17 .- Suiii•OOs i . Na 307, Hattoinatl PRICK OF STOC I Bk. Stock Red. 78:',I1 3} per Cent. KIM 4 per Ct. 96} Long Anns.2o 5-IG India Stock :f1 YESTERDAY. Bonds 90 pr. COAL MARKET, JOLT Skips Said. ?dm Stik 345. 6d. to 3/ Us. 6d. to ornm t: P. Exch. ills (V.) Ditto (20)13 1J Cons. for Ac. Lottery Tickets, WO at Market. .5S Newcastle 6 Sunderiaad HIGH WATS& as LONDON MUDGE Taxa - SI minutes oh Afrernate ' . •-• lltib. ; Printed end published by I,B,eit Ken . nice, Tarvireasv • -