Star. — London, England, 1818-12-18 00:00:00

„ , • - • • • , IA” :INTELLIGENCE. :• f „, • .'-` ------ TICEOCkie4I,OTI'S COURT, 15ECEIVIIER 17. ZING'S couNsEL. At the opening of the Court. this Morning, Girrsti - Witsw , r, Esq. who was yesterday sworn in before the LORD CHANCELLOR, as Ring's Counsel, came to the Bar, when the ,Viec-CitaNces.r.on addressed him as followst- 4, Mr. Wilson, his Royal Highness the Prince Regent, acting in the name and on the behalf of his Majesty, having been pleased to appoint you one of his Majesty's Counsel, you will take your seat within the .Bar."—Mr. Wicsox then bowed to the Court, and took his seat with the usual forms. COUItT Or KING'S BEN6O, DICEMBER 17. This morning Mr. Justice Btst - sat for the first time in his judicial character since his appointment, for the Chief Justice, and was received by the whole Bar in a manner which marked their esteem of. a Gentleman, whose distinguished abilities and cow* , ous manners had rendered him a favourite during a long career of forensic eminence. His debut, as a Judge, was not only highly creditable to himself, but gave assurance of a very valuable addition to the dignity and importance of the Court of King's Bench. NELSON AND OTHERS V. ALDRIDQE. This was an action to recover from Mr. Aldridge, an auctioneer and prciprietor of the Repository in St. Martin's-lane, the value of a horse, under the fol. lowing circumstances :—The plaintiffs, who had fre quently employed the defendant to sell horses for them without warranty, sent, on the•preseat occasion, twenty, to be sold in the same manner as before. The dafend•tr«. sold nineteen, and paid the plaintiffs the amount ; he also sold the twentieth, bus omitted to take either the purchase-money or deposit-money be fore the horse was delivered. The horse turning out vicious and unmanageable was returned to the defen dant. who refused to pay the plaintiffs the sum at which the animal was knocked down. This sum the plaintiffs now claimed, on the ground that they had never authorised the defendant to give a warranty, or• to receive a horse on return. The defendant resisted the claim, on the ground' that the plaintiffs themselves, by being parties with hire to a handbill, (in which the horses were described as . " twenty clever, fresh, active hones, just off work od•the Essex-road, and full of dry meat,") had im pliedly warranted them, or authorised him to do so, and to receive them back if they did not come up to the terms of the warranty. A witness who was called stated, that the .horse was vicious and unmanageable to the last degree ; he • had not been tried as a leader. -The Learned Jadge thought that this handbill only obliged the parties to it to take care that the holies had come off the Essex-road, and were fresh, clever, and active; that the defendant was not, by the handbill, authorised either to warrinit or to receive the horses back ; that he had no defence, unless he stewed that the horses in question had not come off the Essex-road. 'lie Jury found a verdict for the plaintiff £59 1 7s. the sum at which the horie had been knocked doves. - rERCATSON C. CLARKE. - This was an undefended action of assumpsit, on fifteen Bills of Exchange; but a point of pleading . wasstarted, to which the public would do well to di reet its attention. In consequence of the conflicting dqisions respect ing the necesbity-of averring presentment of a Bill of Etthange or Promissory note at the particular place where it is made payable by a special acceptance, the • declaration in the present instance (besides•the money counts) contained thirty counts ;,---two on each 13111 of Exchange ; one of the tNiO, averring presentment at•the particular place where, by the acceptance, the bill was made payable ; and the other; omitting such' averment. This swelled the record to an enormous size, five skins of parchment ; and Mr. POLLOCK, for the defendant, (in order to save him the costs of fifteen of the counts,) argued, that- ie fifteen hills only had been given in evidence, and 90 distinct hills had been declared on, (the second count on each bill, calling it certain other bac) the ury would not, without perjury, find a general verdict on the whole declaration for the plaintiff, but must find a verdict for the defendant on fifteen of the counts. The Court overruled the objection, saying, that if it were to prevail in this instance, it must also prevail with respect to the greater part of the general counts' inserted ton ards the end of almost every declaration in striempsit and debt ; and that the rejection of such counts or of those inserted in the present declaration, would emltirrass the course of justice. THE ASSIGNEE OF OKRLET AND "ENANS u. OARVZR AND PRIM This was an action to recover from the defendants a bill of £7OO, for certain woollen-cloths delivered by the bankrupts to the defendants, under the follow.' ing cimumstances;on the ground that the transaction took place after the bankrupts had committed an act of bankruptcy :—lt appeared in evidence, that in Sane, previous to the bankruptcy of the bankrupts, • which took place on the 2d of July, a negotiation for the sale of some cloth, by Messrs. Okeley and Evans, to the defendants, took place, and a quantity of cloth then at the dressers, Messrs. Rawlins and Foy, to the valueof £9OO and upwards, was, by their orders, delivered to the defendants, who gave to Messrs. Okeley and Evans a bill for £7OO, at four months after date, in payment. The difficulties Of Messrs. Okeley and Evans becoming known to the defendants soon after, they proposed to them to re-1 tern the cloth, on condition that their acceptance for 0700 was given up. This proposition was acceded to, and the hill was given up to the defendants, who, however, having got possession of the bill, refused to give up the clo th , which they said they would re tam as a set-off in part against a large demand they bad upon Messrs. Okeley and Evans. After tbfe, bankruptcy of the bankrupt:, this transaction came • to the knowledge of the Assignees, who brought the resent action, on the ground - that the act of bank . raptcy had taken place before the goods were deli -vered to the defendants. Mr. GURNEY, for the defendants, said he was not instructed to oppose the plaintiffs recovering in this action. They were creditors of Okeley and Evans to a large amount; and thought they bad a right, in self-defence, to make the best terms they could for themselves. The law, however, would not allow of their doiag so; and all they could now do was to call evidence to prove that the cloth waanat worth, the l bum it war valued at. The Leaned Genital cause v:linesses to this point ; but the Jury found a verdict for the plaintiffs.—Damages, 008—Costs, 40s. COURT OF COMMON PLEAS, DECEMBER 17. BEETHAM V. BENSON. This was an action brought by the plaintiff to re. cover damages upon a charter-party, on the ground that the ship Benson, chartered to him by the de fendant, had not been sea-worthy when he sailed with her from Blackwall for Calcutta. IMessrs. Serjeants VAUGHAN, ONSLOW, Feta.. and 'Mr. GASZLIIB, were Counsel for the plaintiff ; Messrs. Serjeants Loos, Coe Lai, and Messrs. Aaa n S, CAMP ULT., and CHITTY, for the defendant. The charter.party was proved and read. The do. fendant warranted the ship good, tight, strong, and sufficient ; the defendant was to pay 121. per ton, in certain specified modes. The voyage was to Calcutta and home again, with liberty to call at Madras. William Thompson, boatswain of the Benson, was on board five weeks before they sailed ; they sailed on the 30th of July, 1816, she was 575 tons; before they got clear of the Channel she began to make water. They pumped every morning and evening : they went first to Madeira : when she got to sea again they pumped more frequently as they proceeded, till , they came to Rio Janeiro, to which place they were obliged to go in order to get her caulked. They ar rived there early in October, and stayed eleven days. Samuel Oeiatt, agent for the defendant, was always on board. They arrived at Calcutta on the 15th of January. She had made considerably more water between Rio and Calcutta than before. They were often two hours on end pumping. The wind was capital. There had been no weather to hurt the hull. They remained at Calcutta two months. A sheet of copper extra, higher up than the oki, was put on. The bowsprit was rotten, like the ship. Three days after she had left Calcutta, the windlass was gone, and it became necessary to get another ; the old one had been bad and rotten. They sailed for Madras, Which place they left in the beginning of May, and sailed, as he believed, for their destination. On their way a disposition to mutiny appeared, and they sailed for the Mauritius. They had fine weather— the vessel made a good deal of water. Early in July they arrived at the Isle of France. When the outer planks were taken off all was rotten ; he could put his fingers through the beams, and take them like snuff. All the stern frame was rotten. He saw it.to he so when the carpenter had cut it optn. She was broken up there. She had been under the examina tion of Mr. Piston, the head carpenter in that place. John Corson, the Captain's clerk, proved nothing material. Captain Dent, of the Cadmus, had been at the Mauritius at the time the Benson arrived there, and was, with several others, employed in surveying her. There were several surveys. In .each successive sur vey they had been obliged to lay open more of the ship till they had discharged the whole cargo ,, scad , found a great pLrt of the sides and all the stem rot-I ten—he thought the rottenness must have existei ) for' a considerable time. Some repairs had been at but tim'seams were so soft that they could caulked. Cross-examined- On the last survey they had cer tified that she could be repaired. He knew that there were good workmen in the Mauritius. Captain James Jordan, Alexander Ramsay, car penter of the Musquito, Lieutenant Evans of the same, gave evidence to the same effect. The two ,former had been among the surveyors. Joint Dciuttp was at the building of. he Benson, in *e St. Lawrence, Patrick's Hole, New Orleans, in 1811. The timber used was green; when launched, 'site admitted so much water that it was necessary to !wave her up r and let the water go out. He refused -4.8 a month to sail in her to Jamaica, and thence to Illngland, because he thought she would be leaky mild troublesome. She carried timber to Jamaica, and sugar thenCe to London. John Ward, rigger and lurnper, was foreman of OS job of unload'ng the Benson, on her arrival from - *maim She brought sugar . and logwood. The lowa e tier of the hogsheads was in water, and part of the second was damaged. She shook like an aspen leaf, or a man with a palsy. °ther witnesses gave evidence to the same effect. In order to avoid the necessity of going into evi dence on the damages, it was agreed that, if there should be a verdict for the plaintiff on the sea-wor thiness, the damages should be subject of reference. Serjeant LENS addressed the Jury for the defendant. Captain Thomas Thanker was sent out in 1811, to take the command of the ship when she was built.— The materials of which she was built were seasoned and selected. She leaked no more than usual with new ships. The account given of the damage to the sugar, on her voyage from Jamaica, was all .untrue. None of the consignees complained. He commanded her up to January, 1813, when she was transferred to the transport service. He bad never seen any de fect whatever in her. _ _ . . William Hooker, Quarter master of the shipwrights in the Dock-yard, Chatham, was in Quebec in 1810, and saw tEe framing of the Benson. She was a very fine ship. Captain Phillip commanded the Benson in IBIS, and sailed on several voyages with troops. In August of that year he gave up the command to Turner. Captain John 'firmer sailed with troops to Quebec, and the Benson was selected by the Governor, Sir George Prevost. and his family, for conveying them to England. She was Under his care till the 12th of July, 1816. He never saw a finer vessek A great number more of witnesses were examined, who all declared they never saw any Mark of un soundness. At the Isle of Prance Mr. Oviatt could not at once get money to repair the ship. The Preach Vice-Admiralty Court ordered her, to be sold, and the cargo to be conveyed to England iwother ships. She was, in fact, sold for the repairs previously done to her.—Verdict for the defendant. . This cause occupied the Court front ten in the morning till half-past ten at night. Sorts TfIROATB.-At this season of the year, when many people are afflicted with that dangerous and distressing complaint, a sore throat, the following simple recipe for its cure, whici; we have received from a respectakle correspondent, may be very use ful :—Take a glass of olive oil, and half a glass of spirits of turpentine, mix them together, and rub the throat estenuily, wearing flcnnel round it at the same tune.— It proves most effect:K.l when appied early. Sweet oil will aaswer the purpose equally INSOLVENT DEBTORS' COLUIT, DEC.II. TS . VI'SDEN'S CASE The case of William Twysden, Esq. eldest son and heir to Sir William Twysden, Bart. of Boyden-hall, lent, which has been so tepentedly before the Coto t, awl postponed principally through neglect, in mat , te:s of form, was this day decided. Mr. ANDRIWS interposed some further objections in point of form, and succeeded in separating the claim df a particular creditor from the present adjudication, in consequence of the schedule served on Mr. Virgo, the Solicitor, being without a date. There was a blank before " November" in the schedule, and the 'particular date was accidentally omitted. This par ticular debt was therefore agreed to be excepted, until a fresh notice in the particular instance were complied with by Mr. Twysden. The case was then proceeded upon, respecting the 'other opposing creditors. Mr. Twysden was then examined by Mr. AND a sws, in the following manner. Q. Have you read o'er the schedule you have put on the files of the Court?—A. I have. Q. I find you state is it several large debts dm by you, as bearing interest, without specifying the amount; Can you more particularly state the sums including this interest ?—A. I cannot, for I am not precise in the dates of many of the hills, and there fore cannot judge what may be their probable amount with the interest. You will see by my schedule, that I owe Mr. lion/- ditch a balance of £649 14 carriages—he has my bills of lip change, bearing interest since 1813. Q. Who is Mr. Keats, to whom you state yourself as fields fur the payment of £2000?—.1. Ile is shatter in the City OW whom I have had large dealings on account of a Mr. Waage. But though I insert this suns to him merely to shield myself from the liability, yet I know that the notes, on which my name was signed, have been paid. The money was fur Mr. Walker , he has paid the bills, but in consequence of his being on the Con tinent I have not been able to get them, fur the purpose of era sing my signature. • Wbu is Mr. George Pentland, of Perth, who bolds secu rities of yours to the amount of £12,400?—A. He is a coach maker, who has post-obit bonds of mine. Ile has my notes fur ,C 3,000, and a Mr. Crookshanks' for r 1200. With a view of taking up these securities, I transmitted to him a bill of Lord Beaochiunp's for £7,700. But Mr. Pentland has held the whele since, in consequence of proceedir.obel..g stayed in Chancery to prevent the recovery of Lord beauchamp's money, Lord B. being under age, and an objection bring taken as to the consi deration given for the bill. It was a gambling debt. Mr. War der's debt of Chelsea, is i:700, for which he has a post-obit bond. The value I got for it was a horse, and of by no means the value it was represented to me. Q. When did you come of age?---A. In 1809. Q. Have you since your becoming of age received i regular allowance from your family No, I here not ; I leave been depending on the bounty of my family and friends. Q. Have you any objection to state the amount of the allow ance you have received in this manner. I don't press the ques don, should you feel a disinclination to answer it?—A. I have an objection to answer this question; my father may not wish me to do so. Q, I perceive your debts amount to 419,619. How long have you bee contracting them?—A. Since 1809; very few indeed have been incurred since 1 aka. They have been partly gambling and partly real debts. Q, I perceive that some of your securities partake of the same characten—are you ready to deliver up to the assignees the whole of your securities Most certainly I am. Q, Have you any other bill from Lord Beauchamp but this one for £l,7OO?—A. No; that is the amount of my whole claim upon bins. Mr. POLLOCK then examined Mr. Twysden in ex planation of his affairs, and reoeived the following answers :—The annuity I granted to Mr. Ments was in 1812, and though I am nominally bound for £4,200 in this transaction, yet the whole I received was £1,400, and Mr. Agents charges! me £lOO for drawing each of three deeds. For the. annuity I gave Mr. Virgo, I only received six years purchase, and be also charged me £lOO for drawing up his deed. was in the army from the time I was 16 years old until I became of age, and during the time .of my transactions I have paid away to different creditors upwards of £14,000, for which I hold the actual re ceipts in my band, and I suppose I must have paid I away £lO,OOO more, for which I have no vouchers." I Mr. Arennews then addressed the Court, and con tended that from the nature of Mr. Twysden's trans actions, as stated in his schedule, and developed in his examination, he must have c:ther been the dupe of the vilest .knavery, or the willing spendthrift of the property of'bis creditors, in such a manner as to preclude the possibility of his receiving the benefit of this Act of Parliament. The COURT, in pronouncing its judication, reviewed the whole of Mr. Twysden's case, and observed, that be was the heir apparent to a family of great rank and consequence in the county of Kent. lie had alien, it was quite clear from his own statement, a l young man who had acted with great extravagance, with great improvidence and indiscretion, is this and other countries; but before the Court could come to the harsh decision of remanding him to the walls of i prison for five years, for gross injustice to his cre ditors, it must be conscientiously satisfied that it was the intention of this young gentleman to incur debts without any probable means of paying them, and to cheat and defraud his creditors. Now in Al cases, the law required that the creditor, who called for the severe interposition of this penalty, should appear, when he gave the credit, to have taken all pro per and diligent means of assuring himself of the situation and circumstances of the patty with whom he confided. Here 'the parties opposing were annuity creditors, who were not likely, in such a city as this, to advance their money without know ing the condition of the person who borrowed it. . r --there were regular public offices for them to resort to, in the view of knowing the particular encum brances (if any) which may have previously been given, on any property s represented to them as good security for the sum wanted. Mr. Twysden had gone to these People, paid them their premium, and given them the security, with which at the time they were satisfied, for the advances they made. Had he gone and represented himself as the heir-apparent to a title and estate, to which it was afterwards found he had no claim—then indeed they might justly com plain of fraud, and the law would afford them redress. fliere had been here no false representation; Mr. Twysden had stated himself to be only what in reality he was, and whatever might have been his indiscre tions, she Court could see no reason to admit this opposition as decisive against his appliCation ; and from a full view of the whole of his case, was of opi nion that he was now entitled to his discharge. ' Mr.Vtano, the Solicitor for the opposing creditor, here rose and said, that notwiths:anding the personal offence be had received from Mr. Tavys,:en, he had no wish to detain him within the walls of a prison, by enforcing any further the abjection which was id:rated by tke Coot t, for the cnui.;w4 of dm date ;.) the scheJole. Ire, therefore, al of the objection. Mr. 'f'wysden was accnrdinfa} all the claims on the face of his s 4 Rowrsvexer.---fieary, alias ' brought to the Office, yesterday, examination before Mr. Mime the Sitting Nfegistrates, charged ned with a number of smuttglers der of six of the Revenue Officer Fox Revenue Cutter, of Deal, het years since. A bill of indictment the prisoner at the time *rick al cficted, w ho were tried at the Ad Mr. EW informed ti.e pri.ot take place on the 11th of Janu Admiralty Sessicns commences. MArtmaottouceit-sram.--Yu Lion was exhibited against Mr. E 100 Stables, in the Haymarket, f horses in the Haymarket and Pai pose of breaking them in, on We, .November last. Mr. Eames subs a license of L 25 per annum ; if LI cising young bases was to be pi keepers must discontinue their Gentleman be liable to have iris and perhaps his neck broken. for being properly trained.--The : practice complained of was nor compelled to flue the clefenda: forty chilling and costs, which t diately paid. Marks Crecmer was charged discharged artineryman, named containing his all. The prosecl left Brighton on Sunday List, d service, and he was oa his roi where he has a brother who %ma ment. He was inquiring for al town. on Wednesday night, an, pence halfpenny for the same, su The prisoner heard him make t! t.pon him to return back he could get 'him a comfortAl this hope the soldier returned ner pretended to feel for the tra upon him to let him carry his bu 201bs. consisting of clothes and and other articles, which the pro as a present to his brother. '1 Giles's the prisoner said the hu the end of the stick, and lie wan in pursuit of the thief up which, however, he sec.ired him to the watch-house. The I.r Tixtor-itAtt.--Richard Twai William Davies, and Joseph Be on Wednesday morning were al ley with the dead body of a m were yesterday brought to this thet examination, in con , equenc against them having been prear that on Wednesday evening l h, grave had been opened and' ph Church-yard, in Kent. Mrs. informed the Magistrate, that o; her deceased hucband was it. Church-yard. Having been had been opened, she went to the there observed the coffin in been deposited open and em;. quentlr been to the bone-house had taen the hod) , found in th, diately recognized it as the cot 'husband. The Minister of P prove the burial of Mr. Picibui cers of Plum;ted were also in al their determination to prosecute 'extent of the I - sw. The disinte place in Kent, the prisoners wer !ford Gaol, in order to tate the: stone Assizes. A l'itAuo.-,-Wednesday even six o'clock, a person of very get good address, vent into the al umbrella-manufacturer, 34, L pretence of purchasing a silk tm 'hewn' to and objected t good in reality : at length he superior kind, fur which - he agt took out his purse apparently paying for it, when he pretends had "not sufficient change ; he, of no conseqnence, as lie was house, afew doors lower, and ii send his boy with it, and a bill pay him direcxly lie then ga , lor,„ and proceeded immediate don Cofee-house. A few mi: Coventry's boy took the umbr found the gentleman sitting in told him to leave it, and go b umbrella fit for a servant. T his master, and returned with of ten shillings value ; but in t ler had decamped with his b all known at the London Cofe BIRTHS. Monday, in St. Jarnees-squ=v, the a son. _ The 10th instant, at Knochdten, Ireland, Lady I.eolrage, of a deoghtes At Palace, Jiff, Ireland, Mrs. Bo Esq. Member for t►e King's County DIED. At Tain, on the flth instai.t, in the Akzandec Macleod, of the late 6th 1 At laves - am, on the •27th niche% Lieutenant n. WCrimmon , 4th Re , At Newton, near Editiatgh, fever, 31t. David Matra,; and oa t silicate, his sou, Mr. Robert Murray. - PRICE OF STOCKS Bk. Stock I Lc Reduced 76j 77 78 71 Cons. shut 4 Si per et.B6ifi per Ct. 9* • Navy shut_ HIGH "WATER at LONDON B Mating Aft ening= • LON D. 12. 7 .: rrust haw. Tone . ... .1 . • - 4 ... • . - . ... 41. 0 ...: • . : . - • ' / • 1 .... • I 0 i I I '... • .. i - 1 .• i 1 , I I.' •• I 1 • I : ~ .. . . • . • . 1 • • 11. .. , . ‘ . .. ..• ;.". I • .. I i • • ~-1. $ 1 ,1 1 .!. I , I , 1 ' ' f 1 - , ' t 1 i . • i . i ! 1 , 1 • 1 1 li 1 ' t : 1 1 . ....,... •.. ". Ir. ik, i A ' N , +.,