Star. — London, England, 1805-11-02 00:00:00

SPOPTIAG INTELL:GINCE. NEWMARKET THIRD OC I OBER, OR HOUGHTON MEETING, iB.Ds, FRIDAY, NOVEMBER z. - - 'Subfciption Handicap Plate of 501. for = and 3 yr Id horfes. Two yr (ad C. Central Cower%) b. c. Swinley, 3 yrs old, Bft 611) C010i..1 Todd', b. e. Hippomenes, 3 yrs old, Bft 61b - 2 D. of Crofton's b. f. Merry 1 bought, 2 yrs old, Oft t3lb 3 Mr. I.adleoli,', b. c. Wormwood. 3 yrs old, sat 4lb T•fr. D. 124 hr. e Paleftrian, 3 yrs old, eft 21h Str F. St.nniifh's hr. f. filter to Duxbury, 3 yrs MOM 6th Mr. V. Won's h. e. Newmarket, 3 yrs old. Bft 41b Sir J. shclley's b c. Currycomb, 3 yrs old, 7ft t 3lb Mr. Branthwayte's b. c. Southton, by Pegafus, 3 yrs old, 7fl Mr. Wentworth Bayley's b. f. Fanny Fancy, 3 yrs old, 71t tolb Mr. Waif:ill's h. e. Jumper, by Worthy, 2 yrs old, 61t tib Sir C. Bunbury's b. f Lydia, 3 yrs old, soft • dr Mr. Howor W. ch. e. }fondly, 3 yrs old, 7ft tolb - dr The Jute could place only three. 4to I agft Swinley-7 tot agft Hippomenes-6 to t agft Wormwood -4 tts t ago Newmarket. - - - - Mr. R. Royce's Sir David, 811. beat Lnrd Foley's Ilippocampus, Rft. 51b. D. I. toogs.—i3 to Saga Sir David. Mr. R. Boyce's Brainstorm, tolb. beat Sir j. Shelley's Moutlache, brother to Whifkerandos, 7a. 71b. Ab. M. sogs.-6 to 4on Brainworm. Mr. Watfon's Dreadnought, 7ft. beat Mr. Mellifh's Marianne, SR. 71b. Ab. M. sogs.-5 to 4 on . Dreadnought. Mr. Watfon's Sorrel, 69. t Ilb. beat Mr. Mellifles Marianne, 811. 1 ilb. Ab. M. 2sgs.--5 to aon Sorrel. Lord Foley's Czar Peter, Bft. tolb. rec. 25gs. from Mr. Howorth's Honefty, 7ft. D. I. sogs. Mr. Walton's Duzbury, 911. tzlb. agit Mr. Wil fon's filler to Duxbury, 6ft. alb. Two yr old C. 25gs.—Off. Mr. Howortles Honerly, BR. itlb. agft Mr. Wat fon's Jumper, 7R. tolb. Two yr old C. sogs. DUBLIN, OCTOBER 21. A letter received yetlerday from the Cove of Cork, mentions, that a report was current there, that fome Spanith men of war had been captured near Gibraltar. The admirable Rate of difcipline to which Lord CATHCART% exertions have brought the Irifh army, entitles him to the gratitude of this country. Un bialfed by any private motives, he has purfued inftexi• bly the objea of his duty, and retired from this coon try with the full eonfci-ufnefs of having fully and efficiently difcharged his important utak. Mr, FOSTER went to his feat at Colon lall week. Mr. Secretary Limo, it is underitood, will lisortly reign his fitoation of Lbrd of the Treafury. The Az FTHUSA frigate has arrived in Cork har bour from Portfmouth. The BOADICI• has failed from thence on a crnize. By a new regulation announced from the General Poll Office, the Englifh mails are, from the ill of next month, to be difpatched invariably at fix o'clock in the evening. Pedeftrian Exercife is quite the rage at prefent in this city. Or, Thurfday a painter, from Church eet, undertook for a trilling bet to walk fixty times round St. Stephen's Green in It hours, and although he iacrificed pretty freely to Bacchus on the preced. ing evening, he won his wager with apparent cafe. Immetile crowds attended the performance, but the frnalleft accident did net occur. PC TUBER 29. Toefday morning, at eight o'clock, a meeting took place at Neweafile Race Courfe, between two refpeetable Gentlemen of Limerick, T. F. W---w, Efq. attended by R. F. C —LL, Efq. and W. M. W--e, Efq. attended by W. S —..•-••••E, Efq. when the former Gentleman, after receiving the fire of the latter, difcharged his pitiol in the air, and friends at both fides interfering, matters were accom modated to the fattsfaCtion of all parties. We are lorry to [late, that the eafterly winds have done and are likely 11111 to do much mifchief upon this fide of the hi& Channel. On Saturday a brig and a galliot advancing to get into the harbour of Dub lin, were both Branded; the firit on the bar, the lat. ter upon the what bank nearly oppofite Merrion.— The brig, see are ferry to relate, was utterly loft with all her crew: the perfons on board the galliot with great difficulty reached Sandy-mount in their boat, and were all Caved. On Sunday and yeflerday the, florm continued with fuck violence, and the lea ran Co high, that no attempt could be made to fearch into the fituation of the brig, or to extricate the galliot from her danger. Confiderable damage, we are lorry to learn, has been fuflained by fcver .l :rads, in Bellaft Lough, from the gale of Thurfday night. A fchooner and a brig are on fhore, and alfo a Weft Indiaman bound to the Clyde—Captain's nameMoa R I SON. The Mary, of Carrickfergus, from Irvine, with coals for Bella, JAMES CA aET mailer, was 101 l near Donaghadee, and all on board per Hired except one boy. Two brigs, the Brothers, WM. PACKET mallet., a trader from Falmouth to London, in ballad, and • bound to Swanfea for cnalf ; and the Peggy, of and from Fowey, with coals from Swanfea, were obferved on Tt:efday, the cad inllant, to have got fo far within Courtmaffiery Bay, as to be unable to weather the head lands ; the wind blowing a heavy gale from the 1 S. E. at the lime, and the lea running very high.— The Brotben fortunately flood in, though unie .:(rainted with the bay, for Courtmafhery harbour, and anchored in fafety. The Peggy, having fprung leak the preceding day, was water logged, and necame t• tally unmanageable, and was therefore governed by the direction of the gale, thrown into a narrow Cove, fa rrounded by rocks and clifts, in which the crew, confining of four men, and a boy paffcnger from Swanfea, were in momentary expeelation of death. The exertions of the country people, whom the calamity had drawn to the place, were, how. ever, fo unceating and vigr.rous, that by means of ropes let down to the velfel, the crew were eitri cated, but the boy, too weak to refill the waves which broke over the velfel, uas unfortunately drowned. It is a gratifying obfervation to make, that a common rentimpt of humanity and generality afluated every delcription of pc-fons for the prefervation of the crew, and the fafety of the vend ; and the falvation of the crew is attributable to the eforts created by this -cl ing. During the time the above intelligence was communicated, another veal had made her appear ance, but the exceffive feverity of the weather pre v ed arty communication with her. Lifir INTELLIGENCE. COURT OF CHANCERY, NOV. z. BOWDEN V. LYMER. In this cafe the complainant, the widow Bowden, had filed a bill againft the Defendant, her agent, and five other percent, flaring that her late hufband hat ing become embarralfed in his affairs, was thrown into prifon by his creditors, and afterwards made a bankrupt, and that the Defendant, Edward Rymer, was appointed his aflignee: that the Defendant profeffing fentitnents of hiendfhip for her and her family, propofed to her to :align ever to him the whole of her feparate property, as a confideration for which he promifed to procure the liberation of her hufband, and provide for her future fupport, by allowing her two guineas and a half per week, and a houfe to live in : that (he accordingly made fuch affignment ; but the Defendant, inftead of fulfilling his engagement, afterwards urged her to content to her hufband's continuing in confinement, and made propofitions to her, which in honour and confcience the was bound to rejelt with horror and indignation —that the Defendant, from that period, altered his condufi towards her and her family, and neglected to appropriate her property in difcharge of her hut band's debts during his life, or to reltore it after his death ; on the contrary, he retained it to his own ufe. Sate therefore prayed that all deeds and affurances, fo unduly obtained, might be delivered up and can celled ; that (he might be let into the profits of her eftates ; and that the Defendant might account for the monies he had received. Five of the Defendants put in their anfwers, but the Defendant Rymer de murred to the bill, on the ground that the charge it contained was fcandalous and impertinent, and one which he was not bound to anfwer. It was referred to the Meter to enquire whether the bill was of that defcription ? and his report being in the affirmative, the matter now came before the Court upon excep tions to the Mailer's report. It was argued by Mr. Jonissow, that the charge of having made propofals which the Plaintiff was bound to rejeft with indigna tion, was too vague and indefinite to call upon the Defendant for any anfwer. For the Plaintiff, Mr. Pt.owDEa contended, that it was evident the Defen dant had obtained her property as the (urea means of forwarding his defigns upon her virtue, or per haps he thought the belt way of keeping her fortune was to fecure her perfon, upon the principle that it was eater to wheedle and kits a woman out of her elate, than to force it from her. He trufled, that as the Defendant had not kept his faith, but had with held the whole of the lady's property, and aftually fuffered two of her children to be fent and kept at the Workhoufe, his Lordfhip would confider his ori ginal priffeffion of the eftate to have been obtained mato anhno, and that he would nist confirm the Mat ter's Report. The LORD CNANCELLOR teemed inclined to allow the exceptions to the Report ; but, he talc!, he (hould read the Bill again, the better to judge whe ther his preterit opinion was right or wrong, and he would then tell the parties what that opinion was. BRUER R V. SILVERI. A reference had been made to the Mailer, to af certain whether a claim preferred by Sir Stephen Lufhington, to the amount of 25001. upon the dime of the late Mr. Sadlier, a merchant in the Eall In dies, ought to be allowed. The Mailer reported that it ought not, and exceptions were taken to his Report. It appeared that the alledged demand was a charge for commiffion upon fums remitted by Mr. Sadlier to Sir Stephen, for which 4. per cent. inte raft was to be paid until they were invened in Go vernment acurities. Sir Stephen lent large fums of this money to the banking houfe in which he was con cet ned, and for the (pace of ten years regularly tranf mined his accounts without any charge for commit. Pion. It was prefusned be expected to find in Mr. Sadlier's will, an adequate remuneration for his trouble ; but that not having been remembered in that inflrnment, he bad charged his executors the fum in queLlion, by way of commilLon, at the rate of one and . a half per cent. _ The ATTOaN IsY GiwIsRAL infifted that every man who did butinels fur another was entitled to be paid, and that it was the general curing, of the merchants of London to charge commiffion for all monies that went through their hands. On the contrary, it was urged, that the circum fiance of Sir Stephen never having macit any charge for commiffion in Mr. Sadlier's life time, was evidence that he did not think himfelf entitled to it. The LORD CHANCELLOR was of opinion, that it Sir Stephen Lulhington had looked to the honour and feelings of Mr. Sadlier for remuneration, and if his expectations had been defeated, he could nut turn round and fay be would be paid for his trouble. He could net convert an imperfe& obligation, founded in honour, into a contrad. The accounts had been tranfn►itted for ten years without any claim for corn miffion. He was aware that there was nothing men in the City looked fo greedily at as commiffion. It was fo tweet a word, that it was ever in their mouths, and no wonder, when it was confidered what in►menfe (Urns were obtained that way, by lending money, calling it in, and lending it out again—but if a man could receive that advantage by lending money to himfelf, paying it back to him felf, and then lending it to his partners, it might be worth his while to pay any intereft for its ufe. His Lordthip exprelled himfelt well allured, that had inch a charge fur committion been made to Mr. Sadlier in his life time, that Gentleman would have confidered it a fort of (haling w'Sich it would have been his duty to put a flop to. He had not a particle of doubt that in this cafe Sir Stephen could claim nothing by way of commiffion. If the quefiton was fent to a Jury of London merchants, and their love of com miffion lhould induce them to allow his claim to that which they were fo fund of receiving themfelves, he thould have, upon the report of fuel► evidence as was now before him, no hefitation in fending the caufe to a new trial. The exceptions were accordingly over ruled, and the Mailer's Repoli, difallowing the claim, ettablilhed. ioNES V. THA MARQUIS nF DONNFGAL AND OTHERS. In this caufe a decree had palled against the Mar quis of Donnegal, in confequence of his withdraw• ing himfelf from the procefs of the Court. The other Ddeodauts were his trullees, who,as fuch, were bound to take care of his intereft, and fee that improper de mands were not made againft his elate. It had beeq referred to the Mallet to take an account of his debt?, and a claim had been preferred . by Philip (Melly, Ety. a .Gentleman of celebrity on the Turf, to the amount of 2tool. The debt arofe from the tale of certain high bred mares, colts, and fillies, with which Mr.O'Kelly had enriched the (porting Marquis's (ha After fome litigation, it was referred to Mr. Serjeant Rnnnington to afcertain what was due, and he awarded the fum of 21001. to be paid upon Mr.' , O'Kelly's delivering up his fecurities and vouchers. Mr. O'Relly accordingly claimed payment of that lam, but he was not prepared to deliver up the rem rities in het, he Paid, they were loit or miflaid. Thu Mailer difallowed the claim, and reported to that cf feet. His report was excepted to. Mr. O'Kelly now proffered an affidavit, in which he pofitively (wore that the laft time he had feen the vouchers was at Mr. Runnington's chambers, and that he believed they were entirely loft. After Conflict had been heard on both fides, the LORD CH•NCRLLOR ordered that Mr. O'Kelly mould be allowed to prove his debt before the Matter, but fhould be reftrained from receiving the money, with out further application to the Court, unlefs he pro- duced and delivered up the vouchers and fecurities, inconformity with the condition of the Learned Ser .l:ant's award in his favour. This was the &II of fix exceptions to the Mailer's report refpe&ing claims made on the cage of the Marquis of Donnegal. The latenefs of the hour prevented the Lord Chancellor from entering into them. His Lordffiip faid he fhould give judgment in the Duke of Northumberland' s caf e on Monday. PALACE COURT, NOVEMBER i. SHORT V. SUITOR. The Plaintiff in this caufe is a Coach Trimmer, in Gray's Inn-lane; and the Defendant, a Collar Maker and Nacker, at Stratford, in Mex. This anion was brought to recover a compenfation in damages for a trefpafs and affault, committed on the perfon and property of the Plaintiff, on the evening of the 22d of March lag. It was occafioned, as Rated in the de claration, by the Defendant driving his heavy cart with a dead horfe in it in a furious and wilful man ( ner againft the chaife of the Plaintiff, whereby the Plaintiff was much hurt, and incurred a great ex pence. The damages were laid at sool. The De fendant pleaded the general iffue and fon grault. Mr. Harr called evidence to prove, that on the night of the ssd March, about nine o'clock, as the plaintiff was driving his chaife, in which, betides him felt; were Mr. Mathews and Mr. Ingle, along Mile end Road, nearly nppofite to Bancrott's Alms-houfes, they being then on the right fide of the road, going at a moderate rate, obferved the defendant's cart coming furioufly , acrofs the road towards them. The cart (ruck the chaife fo violently that the [hafts were immediately fnapped afunder. The body of the chaife of courfe upfet, and all the parties were thrown out. Mr. Short was to all appearance dead when taken into the Fountain public houfe at hand. He was conveyed home, where he was attended by a fur germ a confiderable time. Mr. ANDIBIi t the furgeon, defcribed very accu• rattly the dreadful Rate the plaintiff was in when he was called to his affiftance. He had a moil revere ' contufion on his right fide, and the eztravafated blood had coagulated fo as to affeet the whole of his right fide ; he breathed with extreme dfficulty. The plain tiff was altogether fo bad that it was more than ten days before he was out of danger, and more than a month before he could be left without medical af finance. The defence fet up was, that the defendant was on the right fide of the road, and the plaintiff on the wren:fide; that eircumilance, and his tined:alai caufed the two carriages to come into contail, and that whatever injury he had unfortunately fur tained, arofe f-om his own negleet. The Learned Judge who tried the caufe, in a very pointed way, lamented the conflhling nature of the 'alimony, which he endeavoured to reconcile, and then left the f.s9s and quantum of damages to the difcretion of the Jury—who, after half an hour's ab fence, returned a verdin of 201. damages. , LL SESSIONS, NOVEMBER I. A man named Barrow, a mechanic, was indicted under the ad of the sth of Geo. 1. and that of the 5d Gen. 11. to prevent the emigration of certain de tcriptions of artifans, &c. from his Majefly's domi nions, to foreign countries. The indiament confilled of 24 counts, all charging lin different ways the fame tingle fad, namely, that the defendant, being an ingenious artifan in iron and Reel, whole (kill in his profefSon rendered his afEa ance extremely valuable to certain manufactures ma terially conneaed with the trade and profperity of this country, had piomifed, and was preparing to emigrate from this country to RufGa Mr. GURNEY, who Rated the cafe for the profecu- Lion, premifed that it was by no means_ inflituted with a view to inflid any punifhment upon the De fendant for that breach of the law which he had ac tually committed, in engaging himfelf to emigrate from this country, and making preparation for that purpofe—it was inflituted only with a view to fecure the advantages of his (kill to his native land,in which he was jutlly acknowledged to be the moll ingenious and valuable artift of his prokflion, and to prevent his transferring the advantages of that (kill to a fo reign country. to the ultimate and incalculable injury of the manufaduring and commercial interefis of thefe United Kingdoms. However illiberal a flatute might appear, which could have the effed of confining even within the limits of his Sovereign's dominions a free born Englifhman, 3 et fuch was the precaution which the wifdom of the Legiflature deemed proper for adoption with refped to thcfe artitls and manufadn rers who acquired their (kill in a Britifh fchool,uncl2r Britifh protection and encouragement, which (kill had hitherto fo eminently contributed to create a de. cided preference for Britifh manufadures in every' market on the globe. To the permanent fecurity of that preference, it became abfolutely neceffary tv pre vent the emigration of our &Mid artißs and ffianu. fadurers, who might be tempted to transfer to other nations that unrivalled excellence in the feveril com modities, for the produdion of which they were em ployed, and thereby to tliminifh, and, perhaps, ulti mately annihilate the preference due to the pmcludions of there realms. Hard as the condition might Teem to the individual, the general profperity of the country required it ; and it could not fairly be deemed op prefEve, inafmuch as it was a condition which every stain knew was infeparably attached to his profeffion, and was in fad the condition on which he was witted to acquire his art, and to participate in the encouragement and protedinn of his country. In the prevent cafe, he mould be contented with any fecurity the Defendant fhould find it convenient to give. The only evidence examined for the profecution was Mr. Cooke, an eminent it on.founder, for whom the defendant wrought in the defigns and formation of models for various branches of machinery ; and be proved the defendant's own acknnwledgmew, that he had promifed to go to Mot - cow, in confe quence of a letter he had received from his brother, who reticles there ; that he was to call at Manchefter, and other great mannfaCturink towns, to view, and, if poffible, take plans of the different machineries there employed, as likewife upon a Ruffian agent in Lon don, for the money neceffary to enable him to under take his journey. The defendant had been packing up his goods, and preparing for his departure. Mr. ALLEY argued upon the extreme hardthip witk which fuch a principle as that laid down by his Learned Friend, would operate againft every man i:t England who happened to poffefs genius as an Arai& or a mechanic, and which !kill could not deprive him of thofe native rights of Britifh liberty, which knew no law empowering even the Sovereign to prevent an k.nglifhman from going wherever his occafions called him, without ample proofs of a juft and legal caufe for fuch detention. The defendant was charged with no crime immoral or unjuft. The law Hated by his Learned Friend required, indeed, that the fedudion of artifts out of thia country, or their departure, or preparation to depart, in confequence of fuch feduc tion, lhould be prevented, if it could be fatisfaderily (hewn that fuch departure was for the purpofe of transferring for 'vie the benefits of their (kill and workmanfhip w foreign nations. In the fecurity re. quired in this care, the law allowed fix months for the return of the perfon fo departing ; and if it could be proved that he carried on his art in any foreign country, and did not return when required, then his fureties would forfeit their recognizances. To prove that the defendant had any filch intention, it was furely indifpenfable, fur the fatisfaCtion of a Jury, to produce fome more extenfive proofs of the fait than the folitary ifolated circumftance of his own acknow. ledgment. But he was preparing to go to Roffia, in confequence of a letter from his brother, and had received letters of credit upon fome perfon in Lou. don for the charges of his journey. Suppofe that brother was in declining health, perhaps on his death bed, and a:Med to fee him, and make him the heir of his fortune—fuppofe he had acquired an ample for tune, and withed to emancipate his ingenious brother from laborious drudgeries, which, however ingeni ous and however eminent, (careely afforded hint even the fcanty means of fupporting a large fami ly with the common comforts of decent food and raiment ; mull an Englifbman, becaufe he has the misfortune to be born with genius, been bred an artift, and been drudging halt his life in aiding the perfection and profperity of thole . _manufactures, which fcarcely remunerate his labours with means of exiftence, never, by any means, however fortunate, be permitted to enjoy the fortuitous, hereditary, or other advantages open to all Englifhmen, in whate ver part of the globe they may pr e f en t t h em f e l ves ? mullthe ingenious artilt alone be, like the Ruffian vaffal, or the Pruffian miner, chained to the foil, and 'refufed the privilege of transferring himfelf, with his family, to enjoy the legacy, the bounty, or the pro tedion of an affluent and generous relation ? at haft, before fuch a feotence of profctiption—of perpetual imprifonment even to ti.e limits of his Majctly's do-. minions, and drudging for life in the unproductive la. hours of his calling—was it not at lead neceffary that it fhould be proved he was going to pradife that calling in a foreign land ? It fhould in this cafe, as in that of an alledged libel, be indifpenfable, for the fatisfadion of a Jury, to produce the whole context of the charge alledged, and not a detached and ifo lated eitcumilancc, for this was all the evidence of Mr. Cooke had ellablilhed. He trufted, therefore, that a Britifh Jury would not, by a verdict of guilty, this day, contign an innocent, honell, and ingenious artift, to prifon, perhaps for life, under a demand of fuch fecurity as he might be unable to procure, and drive that family, which he had hitherto maintained with credit, to feek a (hare of that parochial charity, to which he had contributed from the hard-earned fruits of his induftry. The CHAIRMAN ,explained the law, and recapitu lated the evidence, when the Jury found a verdid of —Guilty. The Defendant was only held to bail in the fum of 251. which was entered in Court. --- Strive., was inclined for an affault, with an intent to violate Elizabeth Hubbard, his wife's daughter, a child of nine years of age. This affair, the particulars of which we cannot in delicacy men tion, happened two years fince, and the girl kept the fecret until the fymptoms of a certain complaint ma. nifefted themfelves. The Jury, rather in contradic. tion to the Chairman's charge, found the ptifoner Guilty. The judgment was refpited. The Earl of ABERDEEN yefterday purchafed S:r WILLIAM Bimini:cies elegant town manfirn in Berkeley-fquare. . Yellerday morning a young man of the name of He son, by trade a fmith, undertook, fora wager of ten guineas, to walk from the (tone pillar at White chapel Church to Rumford, and back again (making twenty-four miles), within the fpace of foot hours and thirty minutes, which he performed with cafe, having fifteen minutes to (pare. He has undertaken to go the fame diflance for I col. within four hours. The carriage of Colonel Sra 'rig broke down refer. day oppolite the Navy Pay Oflic2, but, hrpily, nei ther Lady SMITH, :IC: 11::r daughters, received the leaft injury. One of the window curtains in the apartments oc cupied by his Royal Highnefs the Duke of KENT, at Kenfington Palace, caught fire cm Sunday evening laIl; the flames communicated to the articles in the room, and had it not been for the timely affillattce of tome gentlemen, who were at dinner with his Royal Highnefs, the Royal Palace weu:Lf, in all probability have been um-timed. Wednefday. child, about four years old, in the motnentat e of its parent,•tr.as burnt to death, by its ckaths O fire, in ltatcliff Thurfday one s-f the artillery-drivers was found dead, near 13romley Common, fuppofed to have been run'cver by an it:munition waggon.