Star. — London, England, 1802-11-09 00:00:00

TRIAL FOR FORGERY: DUBLIN, NOVEMBEtt Vomar Edward Bellamy, charged on forgery of a l bill, dated 3d June tall, on Mars. Cox and 6 3° r ; e aw , 00d, Army Agents in London,. was put, to bar. The indiament contained fix counts-laid - I pitAlly, but princip all y to defraud raid Cos t* G reen wood, alto William Sparrow, Efq. to whom the bill with the forged acceptance mfAheisitstfes was pallid. Mr. M'NaLLYI Counfel for the Crown, Rated the cafe. He Paid, that notwithiLanding the form of the inditiment and the number of counts therein, the matter of the entire charge, was comprehended in the view to defraud Mr. Sparrow, by uttering the bill to him. He in confequence did negotiate this inaniment at the honk of Meas. Carleton, who would in courfe of trial appear to give evidence. The circumfiances of the tranfaCtion were concife, rumple, and perfpicuous. The Gentleman in the dock, he was authorifed to call him fo, becaufe his general repute and habits of life, being an officer in the H a mplhire militia previous to this unhappy in- cident, were uniformly correfpondent to the duties of that rank and charaser. This Gentleman, Mr. M'Nally, repeated, being a married man, had been haft fummer with his family in Wales, where he met and alfociated with Mr. Sparrow, a very re. fpeaable merchant, as almoa every citizen of Dub. lin knows, and livin; in Eutlace.ftreet. As Com fit for the Crown, it would not become him to commence the panegyrift of the prifoner, elle he might from his own authority fay, that lie mull appear a deferving perfon indeed, to have aura& ed the notice and friendfhip of his client, who, ab ltrafted from this unfortunate caufe, would be ready to offer teftimony hiinfelf to the merit of the prifoner during bis acquaintance with him.— This Gentleman being perhaps a little neceffitous ' in money matters, did borrow a few guineas from Mr. Sparrow during their focial intercourfe in Wales. Both parties Softly after met in Dub. lin, and renewed their intimacy. It occurred to the prifoner to apologife to Mr. Sparrow, on their meeting in Dublin, for want of punftuality in re paying him the fums boirowed from him in Wales, but thus Paid, " I have a bill on the agents of my regiment, Mars. Cox k Greenwood, of London, for 301. arrears of pay; it will eifentially oblige me if you will difcount it and deduct the balance - I owe you." Mr. Sparrow, notwithftanding his habitual confidence in the prifoner fince their acquaintance, on hearing from him that the bill was not then ac cepted, declined interfering; but in the courfe of a fortnight after, the prifoner. again addreffed him, and sprefented a bill for 301. with the names of Co: and Greenwood as acceptors to it. On view of the bill, Mr. Sparrow did immediately difcount it for the prifonek, lint in the courfe of mercantile nego tiation, he afterwards found that the fuppofed ac ceptors denied the fignature, alledging it was a forgery. William Sparrow, Efq. and other witnefes, rub 'endued by their evidence the ftatement of Com fit. The Court charged the Jury, who returned a verdia of Guilty, but recommending the prifoner as an Mica of niercy,which theJudget raid they would mention to Government. A Cabinet Codncil was yellerday morning held at Lord Halms suites Office. It was attended by all the leading Members. Orders have been rceived at Dover to pay every poffible attention to M. SCHlMMlLmtmacit, .En. voy Extraordinary from the Batavian Republic. in cafe of his arrival there, which is at prefent upelted. After the Levee, on Thorfday, at Dublin Caine, his Excellency the Lord Lieutenant went in the ufu al Rate proceflion, and the garrifon fired a few de j6ye round the datue of King William, College-green. The Bilkop of LONDON has been pleafed to ap• point Mr. INYVITT, fen. Compofer to his Majefiy, at the room of Dr. ARNOLD, deceafed. On Tuefday laft, the Right Worlhipful the Mayor, Sheriff, &c. of Newcaffle, perambulated the bo undaries of their jurifdiaion, and afterwards dined with the Stewards of the different Com panies. WILLIAM ORD, Efq. M. P. favoured them with his company to dinner. Yefterday the Duke of PORTLAND arrived in town from Bulftrode. On Thurfday Lord HAWK tilluav gives a grand dinner at his villa at Twickenham. General &MOM, the French Ambatador, is to be of the party. Lord Liastaica and Lord G!oRGI SEYMOUR are on a !hooting party at Mr. Parts THELLu s lON% at Rendle - fham Houle, Suffolk. Lord EXETER has lately expended 30001. in two elegant lodges and entrance to Burleigh, near Stamford, to the ityle of the houfe. Several emi nent artißs are employed in decorating the internal part of the houfe. The Ruffian Grand Duke CONSTANTIN* ar iived at Vienna on the 22d Oaober, and was re ceived with the molt dißinguifhed attention. All the Archdukes at Vienna immediately waited upon him, and the Archduke Cummisis erpeeted at Vienna, for the purpofe of paying his refpeEtc to him. It is evidently the with of the Court of Vienna to improve its influence, and ftrengthen its connexion with the Cabinet of St. Peterfburgh. The Curate of St. Roch, it teems, is not the only hero who has been attempting to effca a tnunter-revolution in favour of the old fyilem of Prieficraft. CANIACIRIS, Bifhop of Caen, is raid to have applied to the Prefed of Rouen to have the Proteaaut Churches that up while the Roman Catholic ones were open.—This requell, however, the Prete@ thought proper to refute complying with, until he fhould receive orders from BONA PArri. When the affair was made known to the Firfi Conful, he Pent for the Second Conful, and tfild him, that if the Bifhop had not been his bro ther, he would have itruck him off the lift. EZTRAOIDiIIarf Pansy c E.—At Papeall le, from one Rein there have bees take lit Dotativ I • 4. • , tr v lr' N.efV'TICAL INTErzspat. MAILS THIS DAY.... XXVI. •atri'LD. Dubtin. • Frcuch co JERSEY, NOV. t, The particulars, that led to the lots of the Poutona, were there : When the was to be condadled from Guernfey to Jerky, a Jerky Pilot who bad taken a paffsge on board of her, was applied to. He Paid he could not confdentioun y engage to pilot a veal of fuck a draft of water, in the sight, and at law water, through the rocks, with which the South and Sono h-wett of the Ifland abound. On hi. refufal, an Englith Pilot offered to un dertake the charge of her. She ftruck on a rock near Noir moat Point, and would have teen totally demolilhed, had not the Jerfey man taken charge of her, and run her on thole near the Tower, where the lay on her fide, on the fand, till fuch repairs had been made. as were futlicient to take her to Eng land, where the is now arrived. The adventurous Pilot will have no reafon to complain of the fentence which awaits him. FALMOUTH, NOVEMBER 6. ARRIVALS. His Majefty's brig Raven, S. Swaine, Efq. from Portfmouth, to enter men for the Navy. Commerce brig. Aynon, from Waterford to London, with provihooa Sufannah, ?Auk, from Cork to London, with ditto. 4 Indnitry, Trivett, and Eliza sloop, Calthaca, from Walk* ford to Plymouth, with ditto. William,iHannington, from Waterford to London, ditto. Friends Delight, Cleaver, from Liverpool to Dartmouth, with coals. Richmoad, Andrews, from Beaumaris, with Sate; loft one man overboard, the 28th ult. Benfon, Bell, from Ohan to Lymington, with iron. Jenny, Davis, from Liverpool to ditto, with coals Flora, Ley, from Swanfea to Fowey, with ditto. Caledonia, Neil, from Briftol to Lliboa, with copper. Fowty, Harris, from Cardiff to London, with iron. Nantwich, Herbert. from Chcfter to ditto, with cheefe. Hope, Murrill, from Liverpool to Hull, with fall; loft foretop-matt in a gale, the 28th ult. ' Mizabeth and Grace, (Allard, from Liverpool to Dartmouth with ditto. Fly, Rufel, from Swanfea to Saleombe, with coals. jam; Parker, from Tenby to Exeter, with ditto. La Maria Claire, French lugger, Clair Adelus, frin Con ealle to a mktket, withAx bap walnuts, onions, and oyikers. Peggy, Blyth, from Briiiol to Guernfey, with theefe, tray leaky. Sailed the Penelope bfig. Edmonds, for BMA ; Aetire cutter, Kinfman, and Diligence ditto, Dobbins, on a ernik l Prince Adolphus packet, Jones, with mail of the ad init. for Lifbon..—The paffaigeri by her are Mr. Bartok:xi and fer rant, Segnior (tierces, Segnior Frenollet, and Segnior Canted nati. Since the arrival of the Raven brig balls have been Reek tip for entering men for the Navy. Two men boded from the French lugger la Maria Claire laft night, and went off this morning (without pairports) in the Coach for Plymouth. Meafures have bee► taken to Watch their movements. No doubt Government ism its guard, and will ufe its uttnott vigilance in preventing any accident to our Naval Arfenals. thould attempts be made againft them. _ PORTSMOUTH, NOVEMBER S. This day arrived the Hope, Ries, from Waterford, bound to London ; and Hope, Kitchen, from Londotul Went out of harbour the Amite frtg Troops embarked on board the Nutwell, bound to Jatnalsa. YLfterday arrived the Welkin packet, Donald mafter, from Havre; and on feareh, fome French lace was found onboard, in confcquence of which the was fazed by Mr. Oalbott, Tide Survt Tor of this port. Arrived the Amazon frigate, from the Eaftwarde—Sailed the BlenhLint, of 74 guns, with filed orders. The Charlotte fchooner, Stephens, will fail tosmarrovr: for travree—Mr. Smith and family paffengen. FROM LLOYD'. LIST. DEA z, Nov. a.—Sailed through the Downs the Ruby, Wales, for Trinidad—Wind N. N. E. blows hard. GRAIPISIND, Nov. B.—Palled by the Royalift, Coulfon ; Hope, Younger; and Providence, Patterfon, from Petal burgh ; Three Sifters, from Leghorn; Kitty, —, from Hamburgh ; Ann, —, from Norway; Ruby, Sharp ; Aurora, Brown ; and Duchefs of York, —, from Archan gel; Guardian, —; Endeavour, —; and Hazard, Kew, from Dantsic ; King George, Mourn, and the Primrofe, hum Stettin; John, Walsford; Rodney, Bowes ; Nancy, Dal ton; and the Elizabeth, Frank, from Memel.—Sailed theCa typfo, Brown, for Jamaica ; Ph Ws, Smith, for Bremen ; Pro ' valence, Brown, for Hamburgb ; Venus, Jankn, and Ed mind. EUcrton, for Amiteraam. ARRIVED. At Clyde, the Northern Friends, Montgomery, from Merl nuebaL—At Lancalter, Langfloc, Fletcher, and the Comet, Tilieu, from MemeL—At Bourdeaux. Abigail, Wil iamfon, from New York, and Raven, Bofwortit, from Virginia.—At Nspli s. Commerce, Beale, from HulL—At Quebec, Unity, Morrifon, from Clyde. The Thee Brothers, Black(lock, from Leith for Liverpool, is loft near fitromnds. The Alexander, Duncan, of London, is on !bore near Bla me. • _ The Hinlborough, Sinclair, front Dantzick, and the Neily, Holt, from Memel, are on more in the Baltic, and it is feared win be loft. A letter from Eyanouth, dated Nov. 4, rays—The ihip Bro. thcrs and Sifters, of which I wrote you yefterday, u having got aground upon taking this harbour, was got into the harbour Lit night with little or no damage, though in great jeopardy being within a foot of the pier head. The Edinburgh Packet, W. Hall mailer, from London, re ported to be lon, is lady arriv 4at Leith. She was detained by calm weather. The Trelawney Planters, from Tobago to Leith, is put into Bantry Bay. Capt. Crear, and feveral of the crew, died at Tobago. ASSIZL OF BR R• 15.-41116 day the LORD MAYOR, before letting off with the Proceflion, ordered the price of Bread to continue at tod. he (teartern Loaf wheaten, and Bd. houfehold. . The lovers of Aftronomy had a high treat this morning. The Sun role with the planet Mercury on his lace. The middle of the tranfit was at 14 minutes pall nine &dock. It was not over till noon. The weather WAS remarkably favourable. The landing of King WILLIAM and General Aailamas' came as pat as they could—the pri• rnary canfc—a Resolution ! . LAW IN? EL LICENCE. COURT OF KING'. BENCH. In anfwer to the altertion made by the Defend.l ant's Counfel in his fpeecb, &tot= and others, v. DONOVAN, as reported in our paper of Thurfday laft—We have the authority of the Aging Ailignee to (fate that the notes in quellion were duly deli vered over to the Affignees as part of the Bankrupt's property in common with their other effeBs, were at no time after the bankruptcy pretended to be long to Mr. Carrick ; that they were prefented as the property of the elate, and that Mr. Carrick never claiming the fmalleft intereft in the notes, has done no one ati refpeaing this property which can be imputed to him as incorrea or improper. NOV. 80--410110 AN V. MANSFIELD AND OTHERS. Mr. Serjeant BAIL'S' moved for a new trial in this caufe, on the ground of exceffive damages.— It was tried at the laft Affizes for the County of Kent. It was an anion of trefpafs for breaking down and removing a gate belonging to the plain tiff's dole. It appeared that this clofe, which confined of three acres,of arable land and one of meadow, was in the occupation of Mr. Morgan, the plaintiff, as tenant to a Gentleman refident at Beckenham ; that in the beginning of March lan, an old gate leading into it was knocked down by the defendants, and a new one put up and locked. As long as it continued locked, which was for a very Ihort period, the plaintiff was prevented from occupying his dole. This was the whole of the evidence for the plaintiff, yet the Jury had given a verdict for the plaintiff, with tool. damages. Lord. Eu.s.aBOROUGH.-•-• I Were there no fpe. vial damages laid in the declaration." Mr. ERSKINE." None ; nothing of the kind." Mr. Serjeant BA ILE v. There were no circ um fiances of aggravation attending the removal of the gate—it was merely the taking down an old one, and putting up another. The fan was, the anion was brought againft the defendant, Mr. Mansfield, who was Bailiff to a Mr. Cator, (The amentiox of thie name produced a general bud! of laughter) and two Carpenters who affifted him. An impref five, able , and carnet fpeech was made by the Counfel for the plaintiff, who very fuccefsfully in troduced the name of Mr. John Cator, conneaing it with a trial which took place many years before —then talked of a Mr. Jofeph Cator and a trial for a libel ; and in fhort introduced almoft every fabjea but the one which immediately related to the caufe in queftion. That fpeech had the effe& of creating fuch a prejudice in the minds cf the Jury, that he verily believed they thought no damages could be too large. Mr.Easatm I.—" The real truth is, the plaintiff f s Counfel Catered well for his client at the expence of Mr. Mansfield." Mr. Serjeant BAILEY. — " I have an affidavit, Rating, that while the. dole was locked up, it was dunged by the defendant, and was produaive of no advantage to the defendant ; but on the con trary, that One plaintiff had the benefit of having it manured for him." Counfel for the plaintiff.—" I hope it may be made part of the Rule for a new Trial, that the plaintiff may have liberty to amend his declaration, and increafe the damages. The Jury gave only tool. becaufe it was the ntmoft they could give. Your Lordfhips know nothing of the cafe from m Learned Friend's ftatement.—Rule to chew caufey granted. MONT/AVM, V. ELMES. Mr. ERSICIN a moved 'for leave to fet afide t Verdi& in favour of the plaintiff in this caufe, and enter a non fuit. It was an aaion for 501. half a inftallment upon an annuity fecured by agreement, due the soth of May, tßoo, by which the plaintiff bound himfelf, and his heirs and of figns, to pay that funs to Mrs. Montrevit during the term of her natural life, as a reward for her faithful fervices, and in fatisfaaion of certain goods and furniture, for the value of which the had on the day of ligning the agreement, given him a receipt. It was fuggelied on the trial, that thefe faithful fervices, however agreeable they might have been, were not of that legitimate nature which the laws fanaioned. His Lordfhip (ELLENBOROUGH) who tried the caufe, left it to the Jury to fay, whether the an nuity was intended as a gratuity for paft cohabi tation, or as an inducement to the continuance of an illicit commerce ? The Jury were of opinion it was meant as a remuneration for pall cohabitation; for fervices performed and not expefted ; and confequently that the confides ation, was, if not a moral one, at legal. The Learned Counfel raid, that upon the Jury fo expretfing their foriments, he had, in order to protea the defendant from the unjuft and rapacious demands of his ci-ekvast chere antis, obje&ed that the annuity deed ought to have been regittered ; and he grounded his objeaion on that fedtion of the Annuity Aa, which precluded the neceffity of regiftering annuities granted without a pecu niary confederation. In this cafe it appeared that part of the confederation was goods and furniture, for the value of which the plaintiff had given the defendant his receipt. The point of law was re ferved on the trial, and the queftion was, whether the annuity was a voluntary gift, or whether there was a pecuniary confideration ? The Court granted a Rule to thew caufe. are POI ele Sts net Pal tin cei tha np at to vi, its An to Pr to thi Ca th ai P A to th 01 /ELECTION ASSAULT. Mr. SMITH moved for a Criminal Information again( Richard Shipden, Efq. Mayor of Hythe, in Kent, on the affidavit of Chriftophcr Hull, Efq. Rating, that at the left Eleflion for the Borough of Hythe, the reprefentation was contefted by four Candidates, and that Mr. Shipden was the return ing Officer ; that he had received information, of the truth of which there was no doubt, t) at grofs bri bery was employed on the part of tome of the Candidates, and in particular that one Higham, who had been confined in Dover Caftle, had been releafed and had his debts paid, on condition of his coming . 2p to vote. Mr. Hull determined to attend the ueaion • " t ' . the Houfe of Commons. On coming into tLe Hall he faw the Returning Officer, and about a hundred perfons collected together. Soon after he entered he was perceived by the Candidate xvltole intereft he came to oppole, and who immediately tut ned.round and entered into a conftiltation Sri It the other Candidates, the refult of which was com municated to the Returning Officer. The Rettu fl ing Officer accofted Mr. Hull, laying—" Sir, are you a voter r' " No, I am not," he replied.— " Then, Sir, you mutt withdraw, for by ag: ee. trent between the Candidates, no perfons arc al lowed to be here but themfelves and the Voters." Mr. Hull obferved that he thought the place was open to ever: one ; upon which the Returning Officer faid—" Sir, if you dr, not withdraw, I will adjourn the poll."—Mr. Hull perfilted in refuting, and Mr. ihipden then ordered a Conitable to non him out ; he was accordingly turned out amidft the hales of a party in the intereft of the Candidate to whom he was adverfe, and who were evidently polled there for the purpofe. Mr. Hull, by h►s affidavit, added, that he was under no disqualifi cation to offer himfelf as a Candidate. Lord ELLEN BOROUGH.—." Did he offer himfelf as a Candidate ?"—" No, my Lord, he did not." "Then he was a ftranger, interpoling where he had no right, and was removed. If one man was entitled to be there, an hundred would have had an equal right, to the great interruption of the EleCtion. Mr. Hull may go before the Grand Jury." It was obferved, that as Mr. Shipden was Mayor of Hythe, and was the Officer, who, in his judi cial capacity addreffed the Grand Jury, it would be impoffible to get a Bill found againtt him. Mr. Jullice Ls BLANC considered the cafe as merely a common atfault. Lord ELLENBOROUGH defired Mr. Hull to try whether he could get his Bill found—if he could not, it would then be the feafon for the interfer ence of the Court, fhould it be neceffary. PROMISSORY NOTES.-•HERYEY V. HERVEY. Mr. BALGNAY moved for a new trial, in an action on a promiffory note, on the ground that it was a nudum pawn, and that the plaintiff had given no proof of a valuable confideration. The Court was of opinion, that the inftrument itfelf was evidence of a confideration, of which the adverfe party was bound to prove the nega tive—however, a rule to Phew caufe was granted. BROWN AND OTHERS V. SEWELL AND OTHERS. Mr. PARKE moved for a new trial in this cafe, which he Rated to have been an aCtion on the sth and 6th of Edward VI. for not letting out tythes. The real queflion to be tried in the caufe was, Whether the Bifhop of Carlifle was or was not en titled to the corn tythes of a certain-part of land by prefcription, or whether they belonged to the Dean and Chapter, as Rectors ? The land which produced the tythes in queltion was formerly un cultivated, and it was not until thefe lalt thirty years that it had produced corn at all. It was proved at the trial that the Bifhop was in poffeffiort of all the corn tythes in the village of Cummers field ; but the other fide had railed a queltion, whether the Bifhop's grant had not been fuffici ently extenfive to cover the corn tythes in queftion, even fuppofing him entitled to them by the pre. fcription ; but they on the other fide contended s that it could never be fuppofed the grants meant to convey a thing which, at the time, had never exifted. Lord ELLENBOROUGH asked, whether the At for allottihg the inclofed land did not alfo direft that the tythes thould be veiled in the Lune man ner as the tythes of the land in refped of whi.:h the allotments were made? Mr. PARKE replied, he believed not, but he had not get the Aft. It was a queflion of great im. portance between the parties, and he hoped the Court would give them an opportunity of difctif fing it.—Rule Nil granted. PALACE COURT, NOV. 4p JOHNSON V. SIMMS. This was an aStion of trefpafs for making an il legal diftraint on the goods and chattels of the plaintiff. The faSts were as follow : Mr. Johnfon, the plaintiff, fitted up a Phantaf magoria, and feeking for a proper place to exhibit it in juft before the laft General EleCtion, found out Mr. Simms, who keeps the Globe Tavern ill St. Saviour's Churchyard ; he took his club rooms for one guinea and a half a week. There was a table and fome chairs in the rooms when the let ting took place. After remaining there for fifteen weeks, Mr. Simms, finding that the plaintiff was about removing his fpeetres and hobgoblins, ven tured to diftratn all the tangible articles. johnlira conlidered himfelf injured, and brought this anion for an illegal diaraint. On this Ratement of the fasts to the Jury, and by the evidence of Mr. Macarthy, as to their being furniture in the rooms where the hiring and let- ting took place, a conditional verdict for 601. mas entered for the plaintiff, fubjeft to a fpecial Cede, to be Rated and argued by the Counfel. The cafe came on to be argued, and it was on the fimple abaraft queftion, "• Whether a dial:Zs for rent could, by the law of this country, as it now (lands, be taken for furnithect lodging. ?" Mr. FEVIL for the plaintiff, and Mr. AGAR for the defendant, argued the cafe in a very :AU: manner. The Learned Judge entered into a review of the cafe, which he confidered of great impor tance, particularly to the perfons within the ja rifdiStion of the Court. It was a cafe ernire:y new. he wifhed it had been argued in one of the Superior Courts rather than in the Palace Court ; for he certainly would much rather have argued it than be called on to decide it. As it had fallen to his lot to give judgment on the qua. tion, he mull act as the law Rood. His opinion was, 4' That a dittrefs for rent for furnifhed lodg ings will not lie, and that therefore the verdict • mull Rand." It was then determined that the boxes of the , , 1 / 4 1 1 1: 11 t , • .1; I i i 1 I I i I 1 1 I t i 1 i r ; 1 i' 1 4 I . 1 1 ,! I ,