Star. — London, England, 1818-01-17 00:00:00

41131 t in At I General Court Martial, held at ltalOres the Fact hulks, on the 3d of October, 18116, Lieu kont WILLIAM Rtntrov, of the 69th regiment, was s igned upon the following allegations, via. I . For conduct unbecoming the character of_ as Officer and s cg onein, in having, on or about the Middle of August, 1816, oc h and kicked Lieutenant Mulligan, of the same regiment, o i t ;pending the evening together in his own tent. For scandalous and infamous conduct in the following rte.-4st, for associating with that Officer (Lieutenant I.s • * I lion), althOugh the insult had sot been noticed ; and, td, kr .„,,k i ng public the circumstance, to the prejudice of Lieute pit gatigStl s character, after the apparent reconciliation." Th e (nuit haring maturely weighed the evidence adductli in spat of the prosecution, as also what the prisoner has urged by,defence, came to the following decision, viz. In. That the prisoner, Lkutenant Wifliarn ftuston, in guilty d the first &ITV , but that he was inaptficd to strike Lieute tur.. Mulligan in his own defence• SS That he is gent) , of highly improper conduct in asviiciating with that Officer, Lieutenant Mulligan, although the insult had bec , soticcd ; but the Court acquits the prisoner of all end cxry abet pat of the second charge, namely, of scandalous and rdenoos CUlldua for nuking public the circumstance to the rin diee of Liueenant Mulligan's character, after the apps rent re conciliation. .pt i e court having found the prisoner, Lieutenant William Rows . Gaiti is the above instances, which being a breach of the An kl e , of Cr, sent.nces him to be dismissed his Majesty's ur vicr, which sentence has been approved and confirmed by the Cononader4 s -Caid. (Sir led) 16.1414 CALess.r, Adj. Gen. DRURY-LANE THEATRE. r The new Pantomime was last night pricedest-bly, • Li llipia," and " The Children in eke Wood." Mr. H. JOHNSTON in the latter played Walter with much p l ea santry and spirit. Though some of his exertions w ere superfluous, they were not much at virianee with the eccentricities of Walter, and were not merely trierated but honoured with thunders of applause. HARLEY as Gabriel gave an admirable drunken scene. IYIGSIT'S Apathy was very amusing, and Mrs. pso,mm, ai Josephine, warbled with a tasteful simplicity, which afforded more real delight than many of the most laboured efforts which sometimes astonish the frequenters of a Play-house. Mrs. BLAND is the only toe of the original characters that remains. Sic transit gloria Insindi. Mr. T. P. Coofce was the re 4 presentative of Rowland, and proved a most exquisite ruffian—The other characters were respectably filled. In the course of last year, five hundred and forty thousand barrels of flour were imported into Liver pal from the United States of America. It is a curious fact, that not less than three hun dred stage coaches pass daily through the turnpike e Hyde Park corner. LADY MORGAN'S FRANCE.--It must be extremely gratifying to all liberal minds to learn, that notwith standing the ferocious attacks of numerous Critics in France and England, a Third Edition of this Work is already called for. We hesitate not to say, that it is a production of great national utility, and has power ful claims on public attention and encouragement. TRUTRICAL Box Mor.--The late zood-natured man, and respectable actor, ROIIRRT PALMISR, was the son of -- PALMER, who in the tine of Mr: , haute was the head bill 'tick. -of the Thinre, 221 in the evening the aisdatertaker at the Upper Gallery; in the former of which °emigrations ROBERT PALVER, when a youth, wasalso employed. • Al night parts d o t f At t e ength he d w h as imsu entrusted N% ll t .ith he e small csOnse ream. One of these being that of a young Gentle man, Boa resolved to dress highly in character, for viaich purpose he procured a pair of stone shoe and knee buckles, in which he appeared with his sword ty his side for the first time in the Green-room. He was immediately quizzed by the other performers, and CHARMS 13weintsrert, eyeing him significantly from top to toe—exclaimed, ise te, all pastel Boa Lying his hand on his sword, *id indignantly," Sir, upea that again, and 111 stick you through the body" —64l's right my dear brother brush, said Old PAR SONS (who had been a landscape painter) " stick him against-the uwll r Rot AcADescr.—Wednesday.liir. TURNZit deli vered his third Lecture upon Perspective. • Mr. RP stu, IL A. was in the Chair. The Professor had as yet only entered upon the science, as it influenced the art, and had not treated of the more geometrical parts of the subject. This discourse comprehended architecture, to which its geometrical parts *ere mostly applied, though it must be acknowledged, at the same time, that a department, where the doctrine of mere-lines was studied, (without any regard to co lour or aerial Perspective), was the lowest state of the science. Before the Professor entered more particu larly upon Architectur?, he offered some remarks upon aerial Perspective, (the effect of colours in Per spective), the general principles of which and of lineal Perspective were the same, though they differed in their particular practice and application. The union ci the two formed the perfect science so requisite to art. Mr. TORN= next remarked, that it would ap pear that most of the Cartoons of Raphael, and his Last Supper, (a print of which was exhibited 4 as well as the St. Jerome of Corregio, were painted upon the supple elemeats of Perspective, as we may qbserpe in each a point of sight, to which all the ling verge.— The Professor then entered minutely into the iempli cated study of the nature of vision and its reception of objects, and shewed drawings for particular illus tration, from the ideas of Lanseitier and Mown, and from his own. The doctrine of Perspective, with re spect to curves, or as they are generally called cur vptairriniutzentpecti;ersanpdwaive, was p thearticular mostly ap diffi pl c ic ul ab t l o e f , an o j an de; was applicable) to the human body ; though Du FICSNOY was of opinion, that the science of Ferspec- Cse was not at all necessary to complete an artist of , genius. The Professor pursued the detail of the doe cf curves, and afterwards that most difficult part of science, Conic Sections. In his remarks upon Perspective, as applied to architecture, he principally cwelt upon the ill effect of a row of pillasters, in a line frosting the spectat or , an d parallel with the line of beriron: of that particular pillaster, which is directly before the spectator, no part of the sides will be seen, ht as the row recedes sideways in Perspective, the eve takes in part of the sides, and consequently they c?perr to increase in bulk, as they recede from the view: the same ill effect prevails in columns, which a:e no more than pillasters with the corners taken on. Xstrc.q. says, this is no error of the science, (being ` ll ictlY.roasistent with nature), but of the person, t:ers his not choosing a differont and better point of which this elect would not occur. ti3Or INTELLtGENCE4 COURT OF CHANCERY, JANUARY 16. - - • EX-PANTE THE RANK, OE ENGLAND IN THR ,NIAXTEE 07 STEPHENS. This was an application by Sir ARTHUR Pioort, in behalf of the Governor - and Company of the Bank of England, on an amended Petition, for an ordet of the Court to the Commissioners to admit Mr. John Sparks Cox to vote in the choice of assignees in the affair of Stephens a Bankrupt. The same applica tion had been made on a previous Petition, but axes refused by the Court, on the ground that a special and not a general Power of Attorney should have been given by the Company to their Clerk, Mr. Cox, to justify the Commissioners in admitting him, as Agent for the Company, to vote in the choice of As signees. In conformity with that principle laid down by the Court, the Governor and Company had amended their Petition, having previously made that instrument special, which was before general, in their deputing Mr. Cox to act for them in the appoint ment of Assignees. To the application thus made on the amended Petition by Sir Arthur Pigott, Mr. MosirActm, who* was Counsel for the petitioning creditor, had no obtion. The LORD CIiANCELIFOR said he could not, as the case stood, make a general order, but that a decla ration by recital might be made which would an swer the object of the Petition. To this Sir ARTHUR PIGOTT assented, and the declaration, by way of ilscital, was ordered. COURT OF KING'S BENCH, JANUARY t 6. MIST U.. SIR WILLIAM RAWLINS, AS CHAIRMAN OF THE EAGLE INSURANCE COMPANY. This was an action brought by Mr. Mist, the pro prietor of the late Metropolitan Baiaar, in Fleet street, against the Eagle Insurance Company, to re cover the value of property destioyed by the fire on the 23d of May, 1817. The defendants pleaded se veral plc t, among which were, that they were not liable, inasmuch as the defenlant was at . that time a Bankrupt, but which plea was subsequently aban doned; and also, that the plaintiff had himself caused the house to be set on firs. On this last plea the defendants appeared to rest their principal grounds of defence. _ . 11fr:fo; Ptam stated the case of the plaintiff, as one of peculiar hardship. His client had met with mis fortunes in life, but that, in the opinion of the de fendants, was not sufficient, for, by their resistance, to his just demands, they imputed to him a criminal act which would make his life a forfeit to the offend ed laws of his country. With property, as he should prove, of infinitely greater value than the sum he i now sought to recover, and with no earthly motive for committing such an act, he had been upheld to the world as a person guilty of one of the most fla grant crimes which could stain humanity, whether as connected with its immediate consequences or its probable results. The evidence which he should have to adduce would prove most clearly that the plaintiff was most completely innocent of the foul crime laid tolls charge ; and he was satisfied that no Insunince Office in London, except that of which the defen dants were the Directors, would have resisted for a moment so well-founded a claim. When the fire happened, the plaintiff came forward in themost open manner, and such was the estimation in which he was held, that the Certificate required by the terms of the Insurance, was instantly signed by the Mini ster, Churchwardens, and between 20 and 30 of the most respectable inhabitants of the parish in which the premises were situated. The evidence would shew how Mr. Mist was employed during that day, and would also prove, that on the very morning of the fire, he had a well-founded expectation of cfis posing of his property to his satisfaction ; or at least to an amount as advantageous to himself as the sum which he now sought to recover. Polley, Jawnan to Mr. Mist, was employ edGtoe°trAee an account of his stock ; great part of the stock had been sold by auction at different periods; the last sale was in the spring of the year 1817 ; after that witness had taken an account of the remaining stock. Mr. Davenport was coming backwards and forwards at the time, he being in treaty for the stock and fixtures. The remaining stock was about 1300/. consisting of earthen-ware, china; glass, and earthen ware figures, but exclusive of looking-glasses.. The Bazaar was fitted up in the early part of 1816, and opened in July. Fixtures, such as counters, drawers, shelves, were then fitted up. A person of the name of Boyd did the work. Mr. Leverton was not ern.; ployed upon that occasion, but there were articles remaining which Mr. Leverton had formerly put up.. There were two very large stoves erected in the eel s ; lar, for the purpose of warming the house with hos air ; there were other stoves, but not for that pur pose. The ground, first, and second floors had beet' fitted up in the same way • there were several look. ing-glasses remaining at the time of the fire, a.. • the value of 5001. ; there were six very large platea, besides smaller ones : there was a patent writing desk, and a very large crane, as well as a many small articles ; witness had a key of. the . • door, with the knowledge of Mr. Mist : Mr. Leach, clerk to Mr. Mist, had a key latterly of the. back door; Mr. Mist had the other key of the front door; Smith the porter bad also a key of the side dooia Mr. Mist was often in the practice of going there; he lived at No. 13, Gate -street, Lincoln's Inn-fields; he never had lived in Fleet-street ; witness was in the house about twelve o'clock the day of the fire, viz. . Friday, the '23d of May ; Mr. Mist used constantly th go to his room in the third floor next Salisbury court ; there were garrets above ; his books and papers were there ; there was a closet on the left hand, just before he entered the room ; in that room there was a hand-basin, ewer, and some transparen cies, also a box with coals and shavings, put in the closet for the convenience of lighting the fire when the porter was not there ; there was no aperture to the closet but the door. Op his cross-examination by Mr. SCA nr,rrr, wit nesslaid he had been examined by Mr. Beetham the day after the fire ; had no recollection of saying that the looking-g l as se s u were included in the estimate of 12001. ; Mr. am took his account dawn in writ ing ; witness then said that the looking-glasses were worth about 5001. witness had been eleven years with Mr. Mist, who was formerly a partner with Mr. Abbott ; Mr. Mist failed in 1814, and formed the Bal.aar in 1816 ; previous to that there bad been two salts of the stock ; a great many articks were bought in, and ott if Oft; no/ ptit up td sale : all the =le -1 able part was not put up to auction ; witness was employed in the Blister, which did not accord, and 'was closed in February, 1811 ; Mr. Mist's room looked into Salisbury-coutt ; the windows had no shutters ; witness often Went to the premises ; there was a bit of candle there ; there were a great num ber of phosphorous bottles in earthenware, for the =of sale, which did not answer ; they were in the stook ; witness was at the premises the preceding day and the same day ; was in Mr. Mist's room the day of the fire from a quarter to half-past twelve, to tell Mr. Mist that he had not tted an account with Mr. Blake, in Essevstreet ; Mr. Mist was not them but every thing was safe ;-- Mr. Mist's door, when he was ndl there, was usually locked. An account was produced which witness lieved he had given, and which varied from the esent account, but the Jury thought, that in the absence of all documents, and so immediately after the fire, correctness could not be expected. On his re-examination, witness did not see what Mr. Mist wrote down. It was not in the witness's department to value the looking-glasses. In answers to questions{ from the Jury, witness told Mr. Beetham that the looking-glasses were worth 500/. There had - been no I fire that day in Mr. Mist's room. Thomas Wagstaff left Mr. Mist's premies in No: veinber, 116, when the value of the stock was above' 2000/. ; believed there were about 1400/. or 15001.- worth left after the last sale, exclusive of the looking glasses, which were worth at least 50U1. Witness knew what Mr. Mist had-given for the glassel. Thai petty cash expended in fitting up the Bazaar wet' above 531/. including wages and some of the mkte-: rials. Witness also deposed to various cuticles upon the premises. George Polley, again called, produced a copy of the account of stock taken from Mr. Mist's books ; 1 the . value book without the glasses. Witness has r every reason to believe that every article in the ac count was on the premises at the time of the fire. • Mr: James Davenport, of Longport, in Stafford shire, saw the stock about three weeks before the fire ; was in treaty for the purchase of the whole.-- The stock was taken by, Polley at the request of Mr. Kist and witness : witness was there several times While the stock was taking, but left London before it was finished. Mr. Mist gave witness a rough sketch tithe stock ; witness formed a rough estimate with the view of becoming the purchaser.; witness made Mr ,M ist an offer for the whole of 25001. Witness tlaa an opportunity of seeing if the account was cor nett ; the account contained the cost price ; witness saw enough to shew that he should not be doing wrong in giving 2500/. for the whole, with a view to a profitable bargain ; Mr. Mist refused the offer, and wanted 3500/. besides • a further sum for the lease which witness did not think of much value. Either witness or his partner, if they had not heard of the fire, would have come to town to continue the n ciation.—On his cross-examination, he said, that '' s partner was the assignee under Mr. Mist's coin s sion ; witness was a creditor of Mt. Mist's to the full amount of the 2500/. Mr. Mist was to have ready money, but the greater pars to li q mi S the_claims of witness and -Ids-pattrier, all but I - upon the bond debt ; ptitness =vex - for the icood will, ,tiottvithstatiding..itasras. , itsh ' ed bustnessin Fleet-street. ' Mr. Justice Bavtly—" But you know, Mr. Scar ,isito that the fire would consume good-will and °thing." Tr. Woodhouse, Solieitocto. Mr. Davenport, :en tered into treaty with Mr. Mist before Mr. Davenport came to town on the 18th of March last ; Mr. Da venport left town on the 9.2 d of April ; witness re'. ceived a letter from the Davenports on the 23d of May, desiring him to send to Mr. Mist, and say Mr. Davenport would be in town to treat for due l purchase on the Monday following. Mr. Mist's debi to the Davenports did not exceed 2300/. It was agreed that the commission should be superseded in September, 1317. Robert Boyd was foreman when the Bazaar fixtures were put up ; they cost 141'll. in wood work only. 'MI. Justice BAY.LIT—" Does your case go to ,shew that ,any of the property was removed before the fire?" _ _ _ SCARLITT-.- 44 No, my Lord ; we only mean to contend, that no person would have given so much for the property as Mr. Davenport offered." Mr. Justice BAILEY—" I think it would be hardly likely that a person possessed of such valuable pro perty would commit a capital offence." Mr. ScAntErr-4 , That is a matter of reasoning. lily Lord ; but if a person lays out money foolishly, it leaves room for a fair presumption. We do not mean to question that Mr. Mist, when he effected the insurance,' did not conceive he had property to the value insured." ' Mr. Justice BAYLEY—a Ido not apprehend that qnstrrance Offices do themselves much good by pro secutions of this nature, unless. there are stronger grounds than appear to ine at present to eaist." several tradesmen employed in fitting up and painting the premises, spoke to the value of the work done. r Mr. John Duddel, an oibnan, saw the plaintiff at. about eleven o'clock ost the morning of the the ; they . agreed to dine together, and afterwards to go to Wy combe to look at a house the witness had that the plaintiff should take from a CaptapirrtZdt. On their way back to town they saw a fire. which they were told was in Wapping ; their informer ad ding, that it was not so bad as one that had happened at the Bazaar in Fleet-street. The plaintiff was ex tremely anxious to go to Fleet-street, but the witness prevented him, as it might not be his premises, but another Bazaar in Fleet-street, and.if he were wanted he could be sent for. When they afterwards went to . Fleet-street, the fire was nearly extinguished. The plaintiff's case being closed, Mr. Scanterr addressed the Jury for the defendant, observing upon the painful but imperious duty cast upon tire-As surance Offices, to resist a claim when there was rea son to think that that claim was founded in fraud. The policy of some foreign states prevented the esta blishment of institutions of the kind, on the supposi-1 tion that the temptation was often too great to fie re sisted, and that crimes of the most atrocious nature would be encouraged by those contracts here deemed . perfectly harmless, or perhaps even a useful t tance between man and man. Be it as it might, it was ar. ascertained fact that in Great Britain, where I so many Assurance Companies e.iitcd, fires were more übitterotis than in any other paitai-Ed ink. lie Or: tended that, though at the time the policy was al. fected, Mr. Mist might have been worth the prbpert) insured, yet he haix subsequently engaged in con cerns that had been unprospevens, Ind his sPeciila tions had considerably reduced the aVtintint of thf goods on his premises. He was in Vent of miney and it was much more to his a dyantatre to obtai; 3,000/. from the Insurance-Office, than a compara tively small awn from a purchaser orhis cisticerns. Of course the Jury were the fit judges Ilion the ba lance of testimony' ; but he should call witnesses, who would thew, as he was instructed, that more than suspicion belongcd to the case ; andlhat the probibi lity was, that Mr. Mist himself was the cause of the conflagration; at least, that he wat inainly:instrumen.: tal ; and that, without his instrumentality, it woul not have happened. He then pet into the box. Mr. James Lynd, resides In Fleet-street, oppc site the plaintiff's premises; observed the fire heft,' two - . _ . _ _ * o'clock on the 23d of May. The witness, an, Messrs. Cook and Smith, first entered by a ladder, and going into the great warereom on the third flcer, and• -near the door, they saw fire : stooping down, the witness was able to touch with a stick what w burning, and it fell 'and appeared to be a bundle • He gave the alarm immediately, and going • wn stairs to the room below, he peretived that the Ceiling was on fire, tilt that was all. The bundle -papers Vas shout the size at half a reani of paper and Skit appear to contain any coinbustNes ciaidieicelve. fire no Where else on the premises. llik:fteistgeSmith; of St. Bride's-pa.ssage, g av e similar evidence relative to the first discover) and ap ce of the fire : he could not penetrate the smoke so far as the last- witness, but .. all out • Fire ! from the front window ;he went away to secure his own property, which be thought hisdanger. The bundle was paper, and probably had been burning some time, as the wood work was.tlis coloured near the closet, and the top seemed as much burnt as the bottom. William Fenton, a plumber, was at work at t top of Mr. Jenks's house, and at about VD minutes before two o'clock he saw smoke issue :torn the gar ret window above the room occupied by Mr. NV the flame did not come through the window, but glass broke in consequence of the heat, as the Roos was burning. • v. James Coats, another workman who was with ' last witness, gave nearly the same relation. James Lynd was recalled.—He did not see fire ist Mr. Mist's rooni; but there might have been, without his observing it. Mr. Cook accompanied Lynd and Smith when they entered the house; he went down stairs to open ••' back door after he had got. in at the window, returning he saw a great blare rising frosts one place occasioned by the opening of the windows. witness Was not more than three or four minutes stairs. The door of Mr. Mist's rooni was lock. and if there had been a're in it, he probably could not have seen it. • - Mr. Bentham was.called so apenk to some declal ration by the plaintiff relative to-the sum he was receive frosa.e.- venport for the lease, fixtures, wisicla appeared: to, disagree with what been swaged+ thsuiritaiss. Mist had stated he was to receive 50001. - • Some bf the witnesses vett- recalled, but added; nothing mates lg.' .fis =ex. notwithstanding-am genres sion vu tote fart of .the Jury tha; thei- werkliatistif wishid,. in. summing. up, to say a few words _a / the amount of damages, and" upoit *the conduct the plaintiff. With respect to'rhe last, Ms Lordil concurred, that as it was the boundeu duty at hts ranee Offices, when cimemstances of great suspici existed, to . resist any claim, it was not less their to pay readily the sum insured, where the transac itself casts no' imptitaticin upon the demeanour or racter of the party. As.far as it was possible to judge, his Lordship could not discover that any sospicion attached to the case, either from the circumstances attending the fire, or from the conduct of the plain tiff either before or after that calamity. It sometimes happened that goods-or houses were not nearly of value for which they were insured ; sometimes destine remov.tl of goods was established ; but . none of those facts had been proved, and therefore there appeared no inducement, or at least ea ad quate inducement, for the plaintiff to put his life jeopardy by committing the crime of arson. " the question of damages, it appeared that the ranee in the whole was 5,0001. ittlhough that was covered by the policy, the Jury were not called upon to give that amount, provided they thought property not worth the sum : the office was not any case bound to pay more than the party proved that he had lost. It was admitted, that a certain duction was to be made from the full amount claims( The fire broke, out in the middle of the day, aid was nearest, and when the discovery of a crime, if it existed, could be most easily made ; and ,plaintiff, without any concealment, left the premises only a Hiatt time before the flames were discovered. Besider this, there was no appearance of any coati. .vanos with combustibles to produce sudden and expected conflagration, and the, plaintiff had afforded thelagle Assurance Company all the means n power of ascertaining whether or not any fraud been committed. .The Jury consulted a few moments, and found verdict for the plaintiff, damages 2,600/. Mr. Serjeant Br has been appointed Chief , Lice of Chester, and has resigned the appointment Attorney-General of the Prince as Duke of Corriwal . Among the emoluments and comforts attached the office of Master of the Rolls of England, is reckoned that of one tun, or two pipes of Giaccn wine, out of the best brought into England, and be chosen for his use, annually, by the King's Butler !" Kiting: waisted is Midddlesez and London bet; the'Right Hon. Sir VICAR'. GIBBS, Knt. Lord " Justice of his Majesty's Court of Common Plcas, Westminster, wand after Hilary Teiin, 1818: IN TERM. Saturday - Thursday . - 11turodsy - Jan. 24 I Monday 93 Saturday Feb. 3 Frida y AFTER TERM. Feb. 13 I iittarddy Friddy ' A . 1 , 4 • 1 3 • or: t i l i ' : sl- -4 , ly , i ‘ l • l. an- I la- .he a I itn ' ra- i 1 : ns. 12.- ' ho . %. tan bi- . 1 . is 1 1 , the Lbni; Ild care 0 4 t ;rad ler, i ~ .,,{1 Is 4 4 :CT, .1 , ern, I was i c r•f ling .: at li c of the ; % I T Pet; •. •ati i he • 1 i WAR ' el f . a rat e #: . I t he a . rent ght had .uch . i the , • utes Kar- list ; :the Roos i 1 1 the •; • ! , I i• • 4 wen, , • they i the and ilace The .. , a a aas up :ked, a could lam- ! 1 as to # and '•;) ' I Chad that ~$ • ii they ' a 1 • 1 Trier- • .tyot t/1 let .f slil.'p cicicn . I • duty Rai( n r cha- 1 udFe. . li pima I ances 1 plain , ) ' !times of the 1 ; clan- ' l' t here 1 • tefore 1 IA axle- ' i ' a , life in As to • ; t insu- lt SUM • called ht the f not in iroyed lin de. . i I' aimed. .1 when f clime, i . id tlie anises a weed. 1 contri- / r.d an- Forded in his id had a and a I i 1 f Jus- 1 ' li sent cf nwall. I bed to l 1 I to be ; isccny and to i Chace'' 1 befcre l Chief i , 1 i l Al l • . ' I . cas, .1t • 72t.,1S M Feb, d \ reb. if 41