Star. — London, England, 1801-12-09 00:00:00

TO TAT EDITOR OF THE STAR. confecinence of a partial and mifrepre rented katement of the Report of the Stock ):- 'change Committee having appeared in one of the Morning Papers of this day, the Committee feel it incumbent on them to requea that you will not i c o py the fame n your . Paper, as they conceive it to have been infcrted for malicious purpofes. lay Order of the Committee, R. WHITFORD. &C. Dtc. 8, iBoi. LAW INTELLIGENCE. COURT OF COMMON PLEA, DEC. 8. O'ISLLY O. PERRINC AND CADELL. Phis was an aelion of Troyer, brought Ey the Plaintiff to recover a Race Honk, named Wrang ler, which had heen feized by the Defendants, on the ad of DeceMber, as Sheriffs of Middlefex, un der an execution againff the Marquis of Donegal, eut which the Plaintiff contended wa his property. Sir Charles Bunhury was &if called, and de pofed that he fold the horfe to Colonel O'Kelly a u ring the Brighton Races ifloo, for 300 guineas, and was to have the further fum of so guineas the firft time the horfe won a match, which he did the fontlivitig week at Lewes. The Marquis of Donegal depofed, that the horfe never was his property. On his eras-exa mination he admitted, that the horfe was taken care of.in his (tables at Epfom, with force other racers; that it ran at Oxford Races in his name for the King's Plate that year, and that Colonel O'R.elly was prefent. , Here Lord ALVANLEY ordered a claufe of an AR of Parliament of George the Second to be read, which enats 4 , that if any horfe !hall be en tered to be run for a King's Plate which is not bona filie the property of the perfon who flail enter it, theHorfe fhall be forfeited, and treble his value." His Lordfhip then faid, he did not fee ,bow, after this, it was polEble to contend that the boric could be confidered as the property of Col. O'Kelly, and fcemed to think the caufe fhould end here. The Connie' for the Plaintiff thought proper to proceed, and the Noble Marquis was (hewn by the Connfel for the Defendant a Letter, which his Lordfhip admitted Was his writing, to a man of the name of Larkins, who had the care of this bode, containing fome direetions refpeeting him, but his Lordfhip denied that Larkins was in his • fervice, faying he was Cot O'Relly's lkrvant. Colonel Mathew (wore he was prefent at the Orford Races when Colonel O'Kelly matched Wrcavkr with Mr. Cookfon's Jack Andrew:, when the Marquis " d—'d him for a Bolter, and raid he *would have nothing to do with him." On crofs examination the Colonel admitted, that it was the praftice of Colonel O'Kelly to match the race boles of the Marquis. An under Groom who had conveyed Wrangler from Lewes to Oxford, and from thence to the Marquis's (tables at Epfom, was then examined. He (wore he did not know who hired him, but he Was paid by Colonel O'Kelly and Chtfiney, the Marquis's principal Groom. He acknowledged Wrangler was brought to town with the other ra cers that were at Eplom, belonging to the Mar quis, and were all feized at Monihead's Stables. Larkins was then called, and on being afked whole horfe he confidered Wrangler to be he laid, the Marquis of Donerl's. The Loan CHIEF urries here fetid the Caufe was at an end ; and t e Plaint d wet rsonlwited. Thele two Caufes occupied the Court, which was very crowded, till half pall four o'clock. RUINILL V. CARR. This was an anion against the Defendant as Sheriff of Suffex, for the neleal of his officer in not feizing, and in making a f alfe return that there. was no property of the Marquis of Donegal's in that county. It appeared that in September sSoo, an execu tion was iffued againft the Marquis's property, on debts due to the Plaintiff, to the amount of near ao,oool. That the Sheriff's Officer was put into the honk where the Marquis refided at Brighton, which was a furnithed one, and there feized Come plate and linen ; ar.d that a coach, chariot, foci able, and five coach and three faddlc-horics were kized in fome (tables in another part of the town. That his Lord!hip came to town, and entered into a deed of covenant with the Plaintiff, that be would himfelf execute, and alto endeavour to get his Truftees to execute, a fimilar (murky to the Plaintiff as had been done to Come of the other creditors of his Lorcilliin ; and that in the mean time he fhould be allowed the tile of his carriages, and horfcs, his Lord:hip promifing ea bi: honour that he would not take them out of the county,and that be would, if the fecurity Mould not be given, reinffiate the Plaintiff in all thole articles (which were enumerated in the agreement) to he Co to (bred for his ufe; as well as certain property which had been feized by the Sheriff of Bucks. A Copy of this agreement was given to the Officer in poffeflion, who accordingly permitted his Lord• fhip the ufe of the pronerty, but remained in his Lordfhip's houfe. On the ad ofNovcurber, the butt nets not being fettled, another writ was Cued ont upon the fame debt, and fent to the Officer at the Marquis's houfe with a letter from the Plaintiff's • Attorney, fiatirj, that as a new writ was Cued out, .he was not to pay attention to hit former dif char, but to keep poffeffion ar F.-for, and that he would meet with no difficulty, as the Marquis was aware of this arr..lgement. In a few days after his Lordfhip, with 'his family, gr:it:ed Brighton, t4king away with him all thr pro;sertv in clue :lion in the pretence of the Ofrket, %raw it did not appear made any oppofition. %stove the value of the property feized, his Lordthip's Coachman was called, who (wore he believed the coach burrcs to be worth 451. a hark, bait that though they were bought by the Mar quis's head-coachman, he undernond they were, v - hen at Brighton, the property of Sutton, the Marquis's Training Groom. The Marchioncts's 'Footman W 29 examined as to the plate, and (wore it confined of •fixtecn tea fpocas, tteln table frions, a fogar Won, a Iza pot, and fame other articles. The Marquis of Don&'al was then called, and (*worn on the Bench. His Lordfinp depofed, that neither the horfes alluded to, nor the carriages, though they had his Lordfhip's coronet and cyph . .r, were his property. That in the month of Sep tember he executed a Bill of Sale of the horfes to Sutton, his training Groom, in part of a debt he owed him of i4ool.er 15001. and that he had agreed to allow him I 601. or t 701. a year for the ufe of them, but that they were fed at his Lordlhip's ex pence. That with refpcet !o the carriages, they were the ,property of Mr. Thompfon, a coach maker, in Mortimer-ftreet. Louil At.vattxtvhere expreffed much anxiety to fee the Bill of Sale, and to have the Officer's difcharge produced ; but neither of them were brohght forward. The Counfel for the Defendant contended, that the agreement between the Plaintiff and Defen dant being made without the privity of the Sheriff, took away his refponfibility. The Only queflion that remainedwas, whether the fecond writ created a new refponfibility,.which was not affetled by the letter fent•by the Plaintiff's Attorney to the Officer to keep peffeffion as before ; or, as he contended, was merely fent down, the old writ - being return able? And as it did not appear that any intimation had been given to the Sheriff of this agreement between the Plaintiff and Defendant, it muff be confidered as a renewal of the old writ ; for it was impoflible to fuppofe that any Gentleman thing as Sheriff would have fubmitted to fuch a dan geroui refponfibility, had he been acquainted with the agreement between the Plaintiff and De fendant. Lord A i.vavi Lsv fummed up the evidence, com menting with great ability on the moll prominent parts of the cafe, and expreffed his furprife at the Counfel for the Plaintiff having called the Mar quis of Donegal, when they certainly had fuffi cient evidence to go to the Jury.—Verdi for De fendant. couser OF KING'S BENCH, DECEMBER. 4. CIITTEREL V. GRIFFITHS. The Plaintiff brought this action againft the De fendant for obltrueling his ancient rights. The parties are next door neighbours in the village of Kenfington, the one a leather feller, and the other a clergyman. Part of the clergyman's kitchen garden lies behind the leather feller's cottage, and as he did not with that the leather-feller ffiould have I an opportunity to look at him and his cabbages he inured a fcreen to be ereled within a foot or two of the wall, reaching above the windows of the feo nd Rory. By this means the Plaintiff's houfe was rendered fo dark that it was impoffible to work in it at mid-day without artificial light.— The windows had exifted at lealt thirty or forty years. The Defendant's Counfel faid, he could prove that before there windows there had always been placed immoveable blinds, which completely cut off the profpeet into the garden. But Lord KENYON obfervedi that if the light had been diminiflied the action was fully fupported.— At the fame time he thought the ends of jullice might be gained by nominal damages. Six of the Jury,however,whohadhad a view,maintained that the Plaintiff was entitled to Come compenfation, and prevailed upon their fellows to award him 51. DECEMEER 5. THE EXECUTORS OP BOND O. CARE. The Plaintiff's tellator was Lord of the Manor of Hendon, formerly the property of the cele brated Mr. Garrick : the Defendant is one of the copyhold tenants. The quellion at iffue was whe ther, by the cullom of the manor, the lord is inti tied to one or two years improved value of the eftate, as a fine upon the:admifflon of the heir ? Of cow& this was to be decided only by the records of the Court baron ; and there being produced by the Reward, it appeared clearly that the brd had a right to impofe an arbitrary fine, if he did not go beyond two years value, which indeed the law will never allow, confidering fuch a cuflom, though proved, to be unreafonable.—Verdict for the Plaintiff. _ _ A fhort time afterwards a caufe was tried to af certain the extent to which the tenants of the ma nor of Hamftead have a right to dig turf upon the Heath; but it went off upon an error in the pleadings. Mr. ERSIIIII was for the tenants ; and upon this barren fubjed delivered one of the molt elo quent and witty fpeeches we ever heard. DEC. 7.—KIRSLAES. N. SAGE ANN OTHARS. This was an anion to recover the fum of 3601. being the Sum infured in March 1799, on the life of a perfon of the name of Robin'', whole lite was infured at the Wellminfler Infurance Office for Lives. Mr. Robfon's life wac warranted free from any difeafe having a tendency to flu:men life, and that he wab of the age of 23 years, &c.' The defence was two-fuld o llrft, That Mr. Rob fon, at the time of drafting the policy in mullion, was not an infurable life, according to the war ranty, for that be had upon him a dtfeafe tending to (bonen the duration of life—a pulmonary com plaint; adly, That the Policy was effected with the Defendants, who are the Truflees and Mana gers of this Office, by fraud and covin on the pan of the Agent of the Plaintiff, by Rating that Mr. Robfon, at the time of effeding the Policy in que( tion, had never been attended by any Medical per. fon, whereas, in fad, he had two fits of (pitting of blood, &c. and was attended by Several Gentle men of the Faculty. This Caufe took np near (even hours, in the comic of which Several Phyficians and otha Gen tlemen gave their opinion as to the Bate of the ;,:alth of Mr. Robfon at the time of drafting this Policy. Mr. Jtißice Li BLANC rammed up the evidence to the Jury, who after confult Mg for about twenty minutes, found a verdid for the Plaintif—Da magcs 3601. Mr. Jußice La &sec :shed the Jury if be was to underitand them that they found Mr. Robfon had, at the time of deeding the Policy, no difeafe tending to thorten life r They laid they did. And that they found that no fraud was profile eLI c n ,he Cltlirr on effeaingthat Policy ? 'They anfw.zreti that alio, by faying. they fuund no fraud. N erdid for Plaintiff—confirmatory of a former verdict in the fame Caufe, before the time Learned Judge and another fpccial Jury. DEC. 8.--jONIS Z. ViIILLITT. This was an .id ion for damages for dander ; that the Defendant fooke certain words, Rated in the Declaration, importing that the Plaintiff was a perfon of fair fame aad modeft charades-, but the Defendant intending to injure her, &c. faid of and concerning her, certain things, Rating them ; the fubflance of which was, that the was totally delli tute of chaflity, and that the Defendant liimfelf had taken the molt indelicate liberties with her, Sec. That the Plaintiff was about to be married to a-young man of the name of Francis Kelly; but that in confequence of the dander of the Defen. dant the loft that marriage, &c. The defendant pleaded not guilty, and alfo a jullification : that is, that the words he (poke were true—upon which iffue was joined. The leading Counfel for the Plaintiff Rated, that he prefented to the Jury a young woman, who would either be ruined and undone, or re flored to credit, by their verdift. She was a maid fervant, living with Mr. Corpe of Hampflead, and, as he would tell them, of molt exemplary de portment : the was addrelled for the purpore of marriage, by a young man who was for her a fuitable match, and of her own rank and degree in life. The Defendant was likewife a fervent in that neighbourhood, and in prefence of her lover, had accufed her of wantonnefs and incontinence ; ulng fuch expreffions as he fhould not pollute his lips in repeating, but which they would hear from the evidence. In anfwer to the action, he had dared to put a juftification upon the Record, which, if he did not prove in evidence, would confiderably aggravate his millonduft, and en title the Plaintiff to higher damages. His Learn ed Friend, who was of Counfel on the other fide, wonid addrefs them in mitigation of damages, on the ground that the Defendant was poor; but he felt no hefitation in telling the Jury, that if he could not pay in purfe he ought to pay in perfon, and go to gaol. His condua deferred it, other wife a pauper might dander with impunity. Richard Mackey, a fervent in the family of Mr. Saint George, at Hampftead, (aid, lie knew the Plaintiff Barbara Jones, and that he knew alfo a young man of the name of Kelly, who was Lady's footman. He propofed to marry Barbara Jones. He faid he knew the faa from the intercourfe be tween him and them; he had teen them often to gether; they appeared very attentive to one ano ther, with a view to marriage. He knew the De fendant John Strutt; had heard him fay that he had taken liberties with her, raying, "the has taken me drunk on her back up {lairs to Mr.Corpe's bed, where I lay with her." Afterwards he faid, in the hearing of the Witnefs, to his fellow-fervant Kelly, that he had taken many indecent familia rities with her, defcribing them in a manner which we cannot Rate At this time the Defendant knew very well that Kelly was courting this girl. Francis Kelly, a (errant in the family of Mr. Saint George, at Ham Read, being (worn, aid, I am a footman in the family of Mr. Saint George. I know Barbara Jones, Mr. Corpe's fervent. I paid her particular attention: my intention towards her was in the way of marriage. I was fully de termined to marry her. I know John Strutt. He has fpoken to me many things about Barbara Jones. In the kitchen one night before the other fervent', he jeered me with the liberties he had taken with her, and mentioned them in the molt vulgar way. In confequence of that I certainly could not think of marrying her, for I could not marry a perfon of fuch a charaaer. I did not go' to her after that: and my not going was in confequence of that. In the courfe of crofsexamination, Mr. Fits- RINE put to him, over and over again, a quettion whether, if this matter was cleared up, he would not marry her ? to which he anfwered, that he certainly wouldnevermarry her if her charaaer was not cleared up—and that, if it was cleared up, why then he would think of it. He had not given it up altogether ; but, if her charaaer was cleared up, then he would think of it. Price, a working man, faid, he had a converf ition with Strutt about (even weeks ago. He alked the Witnefs,whether he knew any harm ' of this girl. Barbara Jones? The Witnefs faid he did not. He faid if he had known any body, or had lien any body put his hands into her borom, and he would fay fo, he would treat the Witnefs with five, or ten, or twenty (billings us drink.— The Witnefs f.titl, he could not, for he had never teen any harm of the girl. Mr. Eames Rated, that this Defendant was a day labourer, working in his garden, paid by the perfon from day to day, whom he employed to look over thole who laboured in his garden, and nothing more. He knew nothing of him except that he was fo employed, and Co paid by his (er rant. He could never defend dander in any &ape, kali of all in filch a cafe as this; for it would be as fcandalous if true, as it were, if falfe. It was not to be endured. The only thing to be urged upon it, was, that this was a low, coarfe, and Rip pant expreffion, which did not really deprive this young woman of her charaller, for it was pretty evident, that if the jury found a verdta &r the Plaintiff (by-the-bye, a &Ming damages, in this cafe, would carry coils), and elablifh the charac ter of this young woman in Court, Kelly would marry her, Co that in realtty, the bad not 101 l her marriage. The Law of England, which was the Rule by which Courts of Law mull be guided, did not allow that fuch an anion as this (Mould be maintained ; for dander on the chaßity of a wo man, be the words ever fo grofs, unlefs fpecial da mages were proved to have refulted from the (peaking of fuel) words, was not aaionable—a fe verity upon the female fez which conftituted, in his opinion, a defea in the fyllem of our Laws,—but however, fo it was by the Law of this Land, that no aligns can be fupportid by any woman for any words retleaing on her chaßity, unlefs it was prov ed that a fpccial damage bad, in fat, taken place in confcquauce of fuels words. And therefore with all tin; wl,:ch the Jury die) , vinnht not have more than binge% at thefe viftir and' profs words fo flippantly fpoken bye the Deendant. yet this adion could not be Maintained, unlefs the Jury were of opinion, upon the evidence, that this young woman had loft her Marriage in confe (pence of thefe words. A Ihilling damages would , carry cogs, and that would be more than this Defendant could pay : by the way he was now married alfo to an innocent young woman by whom he bad children the Jury had too much humanity to devote this poor fellow to gaol for life, and his family to ruin. Mr. Juflice Le BLA tic laid that this was an anion for words, uttered in a way which need not be re peated, but they were on a fubjeet for which the Law of England did not provide that au maims Ibould be maintained, unlefs fpecial damages were proved to have been the refult of them. It was only on the ground that [damages had been aCtually fuftained, this anion was to be fupported. It was Rated that the Plaintiff had loft her mar riage with a perfon of the name of Kelly, and that was the ground of this aftion. This young man Rated that he was paying his addreffes to this young woman, and that he was determined to marry her, but that what he heard the Defendant fay, had fuch an effea on his mind, that he gave up fora time that idea. What he may do here after was not to be gueffed, for he faid he had not made up his mind upon that fubjeß. Perhaps the Jury might think that it was the intention of this young man to marry her when this caufe was over, Rill fhe had full:dried damage by its being put off for the prefent ; for fhe had at prefent loft her marriage by the Defendant's expreffions— therefore, the Plaintiff, upon his evidence, was en titled to fome damages. Now, in confidering that fubjed, the Jury would look at the fituation of the parties, particularly the party fuing, becaufe, what would be next to nothing to a perfon of elevated rank in life, would be compenfation to one of , in ' ferior Ration. Here the Plaintiff was amid . feb. vant in a Gentleman's Family. As to the Defen. dant, there was no evidence of his property, and the Jury might tale it for granted, that he was in a low fituanon. The Jury 'would take this alfo as well as all the other circumftaaces, into confe deration, and fay what dams es this young wo man ought to receive. The Jury withdrew, and in about half an hour, brought in their vercliel for the Plaintiff—Damages soh On Wednefday night laft, between ten and ele ven o'clock, the appearance of a molt dreadful fire manifefted itfclf, by fuddenly breaking out in the roof of the dye-houfe, near the Syke, Prof. ton, the property of Meffrs.TATLoll. and NIGHTIN GALE, occafioned by fome timber having been placed fo as to pats into the funnel of the chimney; but was extinguiffied with nO other damage than what the roof of the building received FORGERY AND FRAUDS.—Yelterday Whew SM UT, who underwent feveral examinations before the LORD MAYOR, at the Manfion as men. tioned in a former paper, was again brought up, and fully committed for trial. The evidence of feveral refpeetable profecutors were read over. All of them were bound over to profecute the prifoner at the Old Bailey Seffions 4tncl Mr. Marnot and Mr. Smith are bound over to profecute him at Northampton for forgery. The LORD MAYOR alked him if he had brought forward the Gentleman he (poke of, but he (laid he had not, as the matters againtt him were of that magnitude,that he could be of no fervice,but denied that ever he faid he belonged to the houfe of York. The LORD Mayoa told him he had delayed the final examination walling to give him every oppor tunity to explain his unaccountable condo& but he mutt now do his duty, by fending him for triaL He begged his Lordfhip would fend him to New gate, but this was refuted, as not being regular, as he could not be tried this Seffions. MAIL It .—Yetterday games Spool was brought before NictioLAs BOND, J ames Ssnol was brought before Nicuos.as BOND, Efq. and Sir W.' PARSONS, the fitting Magiltrates, at Bow tfreet, charged with robbing the Tring mail, containing the Window, Wendovcr, Aylelbury, Tring, and Berkhamftead bags, on the night of the icth of May tall: Williath Salt, a poftboy of Hungerford, in Perk (hire, (fated, that he wis born in the fame town as the prifoner, where they were play-fellows.and that he knew his perfon extremely well; underftandirg be was the man whet .was advertifed for rubbing the Tring mail, he on Saturday fe'nnight, as he was driving a chaife and four, in company with another chaife and four, through Marlborough Foreft, law the prifoner on foot, upon which he jumped off his horfe with an intent to fccure him; the prifoner refitted, and they both fell to the ground ; his brother poft-boys, and thole that were travelling in the chaife, coming to his affittance, they fecured him, and on fcarching him, two loaded piftols were found in his coat pocket. The prifoner was committed for further examination. About three o'clecic ysfterday, a gentleman came to the office, to complain of a mob with marrow-bones and cleavers, carrying a kind of paper banner on a high pole, having affembled in the Strand, oppofite the Britith Fire and Life Af furance Office, and behaved in a very &forded)? manner; in confequence of which a number of peace-officers were immediatelT difpatched to the fpot ; but by the time they amved there, the mob had moved to Charing Crofs, where the officers fecnretl the man carrying the banner, and one of the marrowbones and cleavers.--They we: e brought to the Office for examination.—On ti e banner was rudely painted a lion on his back. in the agonies of death, and a motile above him, over which was the following infctiption : The Lion in expiring agonies from bit record defeat. in com bat with a Moak in Weittninfter air. Or) ani our boaft.--Lcarn ibis, Opprefort, at your enit. And which, of courfe, was meant to alloik to a very recent trial in Weflaiintler Hall. On the examination of the prifoncrs nothing fatisfa.tory could be obtained as to their employer in the bu finefs ; but the Magifirates confidering fuch pro ceedings as a breach of the peace of the molt dan. woos tendency, orJercd them to find bail to en- firer the complakt, And for their future good be havinta. at• on rd• EZ. G--• API, Das, D. rea• rand Pad, Of sides ;bed :eons him ,As is there 'Ave he of day, r Ab• her n was )f lb,