Star. — London, England, 1818-11-07 00:00:00

. •. I ! . i ) ail t • • ) , 1 ) 1 . 1 • I I . i t% . t. f i i l i 1 A 1 1 , i i , • ‘ ; 1 : . 1 ; I I 1 4 i ! I , 1 % I I • I : , • fl i. 1 1 , . . .;-. 1: I* I , 1 , i . i 1 1 i hlii i i . 1 it i r t 1 r i . f. . . . .. MARY ASHIORD. On Monday next a stone will be placed in the Charchlard of Sutton-Coldfield, over the remains of the unfortunate MART Allit1011:4, by the Rev. -Lvicallooels. The following is the • INSCRPTION. As a Warning to Female 'lrmo, dltd tbeinble Monument to Female Cheeky. Tldo Stone marks the Grave of MARY ASHPOWD, Who, in the 90th yeai of bee age, Having incautiously repaired to a Scene of Amusement Without proper protection. Was brutally violated and murdered On the 57th of May, 11117. Lovely and chaste, as Is the primrose pale, Rifled of virgin swmtness by the gale, Mary, the wretch who thee remorseless slew, Avenging wrath, which sleeps not, will pursue ; For the the deed of blood be veird In night, ace tMJvaue alit the Earth do right ? Pak Sow'r, the Muse that weeps thy doom, stirßoonNov. form— this warning tomb ! Sutton. Csidedd, Nov. 5, 1515. LAW INTELLIGENCE. COURT OF CHANCERY, NOVEMBER 6. This being the first day of Term, the LORD CHAN.. cvr.t.on entered Westminster Hall with the usual state. The Master of the Rolls and Vice-Chancellor took their seats for a moment on each hand of his Lordship, and then retired to their respective Courts. Mr. SOLICITOR-GENERAL applied to the Court by petition from the Chancellor, Masters, and Scholars of Oxford, and from the Chancellor,' Masters, and Scholars of Cambridge, for an order to restrain Wheatley from selling copies of the Bible and of the Prayer Book. Wheatley had got those books print ed in Scotland, and baying imported them into Eng land, he tore out the title-pages, and forged other title-pages, representing that they were printed in England. But the forgery detected itself; for al though tl-e titltt-page prefixed to the Bible was thus forged, the other title-page prefixed to the New Tes-, tament remained unaltered. This was a subject that had formerly been &lute L 4 Lordship, and there could not be a doubt of • the right of the Petitioners aaa the regularity of the application. LORD CHANCELLOR.—Take the order. OPERA HOUSE. WATERS V. TAYLOR. Mr. SOLICITOR-GENERAL applied to the indulgence of the Court for an enlargement of the order of the '2d July, that Mr. Waters should, on the 15th of Au gust, pay into Court the sum of £8545 to the Fth of ‘inotar.y next : £BOOO of thirsuni were incumbrances on the Theatre, having been paid by Mr. Waters to Performers. Besides, the sum of money already in the Court was amply sufficient for all claims. Mr. HAUT followed, and sail that the present ap plication are,se from the Vice-Chancellor not hawin g allowed to Mr. Waters what was du:: to him. Mr.' Glttld had been employed to provide purfurmers. 1-1 had engaged the Ilayeses. Mr. Gould died, but the liayeses were adopted by Mr. Taylor, and era ployed. Mr. Taylor, however, refused to pay them, aad Mr. Waters was under.the necessity of paying, as Mr. Gould's executor. The Master was of opinion that this was an incumbiance ; but the Vice-Chan voihr was of a different opinion. Mr. BARKER, on the u.o.e side, said that there would be no app: ehension of want of funds, whsle t'le sum of MAO was in Court. Mr. HEALD opposed the application, and insiAed that there was no change of circumstances stated Wtich could make it proper to enlarge an order sei;ich oneht tc have been obeyed on the 15th of August. They were new in contempt, and he could have an attachment aguir:st them. LORD CHANCELLOR.—A petitiot. has been pres'ent ed to me, praying . that Mr. Taylor may have money out of Court; of the Accounts in that petition I can rot understand one item, they are quite beyond my comprehension. Let that and this be heard on Mon day morning. Mr. MILLS offered some explanatims. LORD CIEIANCELLOR.—I speakk, upon this subject with great humility, because the application of the principles of equity to an Opera House exceeds my power. This case muss, however, be in some way disposed of. • COURT OFKINO'S Br.Ncit, This being the first day of Term, the Court did fit sit till nearly half after one, when the new Lard Chief Justice (Assort) took his seat, accompanic.l by Mr. Justice Bevr.ry and Mr. Justice lior.aoxv. Shortly after his Lordship entered the Court, he ad dressed the new King's Counsel, Messrs. Cullen, Owen, Wingfield, Horne, and Heald, successively in the following form :—" His Royal Highness the Prince Regent, in the name and on the behalf of his Majesty. has been pleased to appoint you one of his Majesty's Counsel learned in the law. You will, th arefore, take your place within the Bar accordingly." Few cases of any public interest came on. Mr. NOLAN moved for a mandarins to the Corpo ration of Totnet, to compel them to proceed to the election of a Mayor.—Rule Nisi granted. Mr.Gasstrit moved for a rule to shell cause why a writ of quo llamado should not issue against the P. reorder of Nekton, on the ground that the present Racorder was also an Alderman of the Borough ) and • that in his capacity of Recorder he would be called cr. to do many acts incompatible with his situation as an Alderman.—/ rule Nisi was granted. Mr. Scarmerr moved for leave to file a criminal trfortnation against Richard Stocks, a Magistrate in Yorkshire, on the ground that he had employed his authority in compounding a felony for his own profit.. A Mr. Taylor, it was stated, bad an account current with Mr. Bentley, the whole of which had, however, been cleared at a settlement the parties caste to some time since. A little time after that settlement Mr. Taylor was surprised at being arrested under a warrant charging . him with forgery. The charge was, that he had given a Bill of Exchange, accepted in the name of a person not in existence.--- Mr. Taylor offered to deposit the amount of the bill as a security, if by such means he could obtain his discharge. This, however, was refused, and Mr. Taylor was kept in custody that night. The next morning the parties concerned *ere told that they had better settle the business together, and Mr. Stocks stated that he had no objection to a ond being giveb for the purpose of a submission of the whole matter to arbitration. When the bond was brought for exe cution the nett day, Mr.-Stocks objected to one of the securities, and asked for some other name. At ,that moment it was not possible to procure any other. Mr. Taylor was remanded into custody, and Mr. Bentley bound over to prosecute. Mr. Stocks after wards came to Taylor, and told him that Bentley would consent to arbitration without requiring fur -1 ther security. Under these circumstances an award was mule, and against Taylor. • Mr. SCARLIITT expressed his hope that Mr. Stocks would be able to clear himself. . The Cures Jurrtce hoped so too ; but added, that , enough had been stated to induce the Court to allow an information. COURT OF COMMON PLEAS, NOVEMBER S. This being the first day of Term, Sir R. DALLAS, appointed to succeed Sir VICAR! Gl/111S, took his seat, for the first time, as Chief Justice of the floitut I of Common Pleas. MUSGRAVE •. MUDGE. Serjeant CoII:ea moved for a Rule to thew cause why the defendant might not be allowed costs, and be discharged from execution. He stated that this case had arisen from a dispute between the parties respecting the costs of a sale. The plaintiff had con eigned property to the amount of £Bl,OOO to the de• dant's father, then residing at Gibraltar. At their first settlement, the defendant accounted to the plain. tiff for £54,000 of the above sum, and the remainder was to be retained in the hands of the defendant till the costs of sale and other charges should be deter ined. After these had been defrayed, the plaintiff maintained, that a balance of £4OOO ought to revert to him, while the defendant stated the surphts to be only £350. An, arrest was issued against the defer. dant, and being unable to procure bail to the amount required, he -was committed to prison. The cause, -after every-possible delay on the part of the plaintiff' had at last been brought to trial ; and, with the cos. currence of both parties, it had been referred to the arbitration of Mr. Tindal, who found that the 'clubs sum dae by defendant amounted only to £364.- ! ..i There was one irregularity on the part of the plait* tiff which was particularly deserving of notice.— While the defendant was in prison, a person called upon him in the name of the plaintiff, and proposed, • that if he would consent to pay £l5O in addition to the sum of £350, which he had stated by affidavit to be the amount of the plaintiff's claim; he should he immediately discharged. He made the present motion under Stat. 43 of Geo. 111. eh. 46. in which it is prvided & that if the plaintiff do not recov?.r the whole sum for which the action is raised, the dant shall be entitled. to costs, after deducting the sum overcharged. The Cuter Jvs - rina...-:-Ilas the arbitrator /axed the costs? Serjeant COPLEY.--My Lord, he srns not autho rized to tax costs.--nule granted.—The Court ad journed after havagyat about half ar...ho=r, PREROC.ATIVE COURT, NOVEMBER 5. tioK AND ()TILERS N. I.ILATII AND OTIILItS. This was a case of considerable interest. Mr. Charles Heath (then residing at \VLetston,) wrote, in the month of January, 1818, to his proctor in town, requesting he would come down to bis nctis:., in or der to receive instructions for m:_king . I!is v.-;1; hat atat gentleman being prevented by indisposition, de puted his clerk to represent him. The facts which occurred on that occasion with considerable accuracy and clearness in a deposition which was read to the Court, from which it appeared that the deponent, a Mr. Thompson, on arriving at the house of Mr. :Heath, found hint awaiting his art - 4.z% and sitting' at a able covered with leases, bonds, policies of i surance, and a variety of papers necessary for the dispositions about to be made by the testator ; he pro. 7 ceeded to prepare a draft of . a will according to the ,directions of the deceased, and when completed, read, ,it over to him carefully, clause by clause. The de ponent state t, that the testator appeared to be aged and infirm, but perfect 7 aware of the nature and importance of the will he had made, and that he considered his crpacity fully equal to the act ho was engaged upon. The deceased• expressed his entire approbation of the draught. Tne funded property bequeathed by him, amounted to about £16,000, per cent. Consols, and Impe:i tl Annuities. After leaving the interest of3ooo . pound stock to each of his three daughters, and his son Edward, the princi pal of which was to revert to certain grandchildren, lie declared, that, " as he had not fully made up his mind as to the disposition of his freehold and copvhold property, be should not devi s e the same un• til he had more maturely considered the subject ;"' but that " as to all the rest, residue, aad remainder of his personal estate, he gave, devised, and be queithed the same unto his son, William Heati:."— Deponent represented to him, that in the event of. his dying before completing the disposition aided to, the said William Heath would possess the whole; of his freehold, copyhold, end person tl property ; to which the deceased replied, that he was aware of that ; observing, that as William was his eldest son, and had large a family, he had the greatest claim upon him. Finally, he made arrangements to come to town very shortly, in order to give directions for the disposition of his leasehold and other property, and to complete his will, but in the interim he died, without having execated any other testamentary pa per than the one in question. The Counsel for Edward Heath, tl.a son of the testator, contended that in the exceptive clause, after the words " Freehold" and " Cnpyliold," it was the intention of the deceased to have inserted the words and Leasehold ;" and prayed that the Court would decree the admission cf them accordingly, by which the children would come into the distribution of his leasehold estates : the case of Forster against Puke ney, in 1810, he maintained, bore strongly in favour of such admission, and, on its decision a property was pending of £600,000; yet there the Court held that an alteration of a will might be permitted, although contrary to the written intention of the testator..._ The Counsel on the other side insisted on the validity of a paper, which there was the strongest evidence to prove had been dictated by a man in a sound and disposing state of mind ; and argued that from the whole tenour of the deposition which bad. been read to the Court, it was clearly proved, that he not only knew the nature of the dispositions which be had made, but that Mr. Thompson bad explained to him the consequences of his death, as related to the resl duary legacy, if he should die before making any different or more complete bequest of the property included in the exceptive clause. They commented also on the manifest injustice of setting aside the declared and written testament of the deceased, in favour of his presumed intentions ; which, he con• tended, would be the effect of admitting the insertion of two words, that there was no evidence of its ever having been the testator's intention to supply ; and he submitted to the consideration of the Court, that great danger would arise from the establishment of so mischievous a precedent. The Judge, after recapitulating some portion of the evidence, contained in the depositions, declared his concurrence in the opinion, that much danger would indeed result from a sentence establishing the fact of so important an omission as that he was called upon to remedy in a clear testamentary paper. But he had no doubt in his own mind of the intentions of the testator, vfthich were the same, after hearing the whole evidence, as they would occur to every one, on a prima flicie view of the case, to be. It was grati fying, he observed, to discharge a duty which he felt to be in unison with those intentions ; and he therefore decreed that the testamentary paper should be valid. OLD-BAILEY. Yesterday Daniel Short and James Markt:mil were convicted orgrand larceny in breaking into the dwel ling house of John Black, and stealing two boxes Containing a quantity orwearing apparel. The rob bery was committed, it was proved, in the night time, at Enfield. itoniaining Tb COMMON SERJEANT, after the verdict had been pronounced, told the prisoners that it was ex tremely fortunate that they had not been indicted for the, capital offence of burglary. In that case their lives would probably have been forfeited. lie was very sorry to say that a very desperate gang had lately been committing depredations at Enfield, and he very much feared that the two prisoners at the bar were a part of it. They might depend upon being sen: out of the Country ; their characters were much too bad to allow them to remain here. John Harris was indicted for stealing an iron axle tree and e n pair of coach springs, on the 12th of Oc ,tober, the property or.rohn Atkinson. The facts of the robbery were clearly proved, Tbc prosecutor lived near Vincent-square, Westminster. The day after the property uas stolen, the prisoner was observed by an officer selling them to a Min of the name of Ogle, keeping art iron shop in Strutton , ground, Westminster. The. ()Ricer, accompanied by an assistant, immediately went into the shop, and laid hold of the prisoner: At this moment a shrill whistle was heard, and in an instant a gang of about thirty or forty persons rushed upon the orlic,-rs, knocked them down, and rewired t prig:otter. He was ufterwaris, however, apprehended bit another thiirge, and taken to I lotsenionger-lane prison. . la Ur - defence the prisoner.stud, that lie knew no tl;in, abcnt the matter. Four witnesses gave him gx),7l character for honesty. lie was a shoemaker I by traths, arid_ had worked very hard. at his • The Jury found the prisoner Guilty without the smalLe:t hesitation. Costmom SanssAwr.—Prisoner, such a fellow as yon are cannot expect mercy. You shall go out of the country. The officer stated, that the 1.-lati - ons of the rriconer very much wishvd that 'le should be transported. CoMMoN 571t.11: txr.—You see, Gentlemen of the Jury, what kind of witnesses these were who gave the prisoner a good character ; the relations them selves desire him to be sent out of the country. Lucy Rice was indicted for wilful and corrupt per jury on the trial of Richard Wilkes, at the Old Bailey July Sessions. Richard Barclay, the first witness called, stated that he was the prosecutor against Richard Wilkes, who had been tried and conv,cted. Witness stated, that on the 4th of July he VAS at Highbury-barn, seeing the charity children, on the day the Duke of Sussex dined there. He was then robbed of his watch ; and suspecting the prisoner Wilkes, he laid hold of him, and had him put into the watch-house. On the trial of Wilkes at the Old Bailey Sessions, the poisoner at the bar had declared that he (witness) was drunk at the time. He most solemnly declared that he was sober, having drank nothing but tea all that day. Catherine Barclay, wife to the last witness, was within a few yards of her husband at Highbury-barn. She heard him say--a Don't take my watch—leave my watch." Wilkes was given in charge : her hus band was quite scher at the time. The prisoner now at the bar followed Wilkes all the way from High bary-barn to the Half Moon public house. She re membered the prisoner being called on the trial of Wilkes, to give him a character, and she then swore that her husband - was not able to stand, he was so drunk. Wifli.im Owen, an officer, proved that he appre i'ended Wilkes at Highbury, on the day mentioned. The prisoner at the bar followed Wilkes wherever he rent, and waited is the yard of the Old Baley to give him a character for several days. He heard the prisoner examined, and she swore that Barclay was so drunk at Highbury that he could not stand. Henry Buckler, the short-hand writer to the Court, was next examined, and send his shoot-hand notes.— By them it appeared, that the prisoner swore that the prosecutor appeared to be very much in liquor.— Being asked by the Court, she said—" Yes, very' much in liqlor, very much so indeed ; he smelt so, he walked so, and could hardly stand." She after wards said, that 4 , Barclay was so drunk,. he did not know what he was about." She did not know where) the prisoner Wilkes lived.—The Jury, after a short consideration, returned.a verdict of—Not Guilty. Robert Eir:sioZh was also put to the bar charged with perjury, and Acquitted upon a point of law. MDRDER AND ROBBERY.—Thursday the body of a poor man, 72 years of age, was found on-the road, lying dead, near Ware-bridge, in Herts. It was taken to a neighbouring public-house, where it was discoverzcl that a pistol ball had passed quite through the head, and no pistol being found on the spot, there is reason to suppose he had loeen robbed and murder ed; his breeches pockets were turned inside out, and no money found upon him. The deceased was ser nv to a farmer in the neighbourhood, and had been in the habit of bringing a waggon load of potatoes twice a week to Spitalfields market to sell for his 1 master, for a number of years. On the above night he was on his return with his team, having sold the potatoes, but fortunately for his master he had not , been paid for them ;he had o n ly 15 s . when left I the market on his return home. PRICE WCW uos. Kent GI 164 to 71 Os Sussex SI ISt to 61 ISt Essex Ol os to 01 Os Forsign aio A F Toni Ytiic Vt.: Cd— PRICE or TALLOW, Si. James's Market Ss 10d Clare Market Os Od Whitechapel Market Ss 7d (per stone of Slb) Yellow Soap, 112s—Mottled, 1 Candles, per doz. 14s RAW HID] Best Heifers and Steers (per I Ord stone) 3a Od to is I'd 1 Mar Middlings fts 64 to fis 104 Log Sheepsktos—Polled, Ss Od to 6s Od. Shearlings, Ss 0d to 6s Od.— La flick OF LEA Butts, SO to Sti lts each ....» Ditto, SG to ti6fus cacti Dressing flides Fine Coach Hides ....... Crop Hides. 55 to 4011ss rx cutdng Ditto 45 to Calf Skins. SO to 40Ibs Ditto SO to ...... Ditto 70 to bulbs Small Seals (Grecnktod) Large ditto Per Tanned Hone Maki Spanish horse HMcs COAL MARKET, Ships a Market. Ships Enid. 601 litwcw.de 4.ce 70 Sundt Aim! ' 1 Elgin Alin 1 Stone 1 COURSE OF Amsterdam ll 98.21:. Ditto at siEbt 11 6 Amsterdam 10 CF. nisi° at 5i; , ht...:..11 7 Itntterdani... 10 SU. Antwerp, cr0046 11 11 Ilamlrsirgh 34 2 Sit. Altuna 34 3 24U. Paris, 5 day's date 24 C S Zi.• Ditto .. 24 70 2U: Bourdeaun du. CS Fi ankfort • AlAim ...... 1421ex-rno. A(adri 1, effe..tive Au • Fatiih tifect 4O Darceluca PRICES OF GOLD Portu7.ll Gal in Coin, per on Forel Gold In Lan New booblemene New Dollore r . .... • Silver in Bus ....»».....» New Louis en& THE MARE NEWGATE Axo +DeN (Bit he Deaf ld to 4$ 63 Mutton 4s Oct to S$ 241 Lamb 4s. PRICES or HAY axo S' rains's. Hay ...41 as Od to 81 Os Od Straw sl $s od to 31 Ss od Cover 81 Os Od to 91 Os ca ;HAL Canal I Veal Pork sd. tc ;TRA' Hay Sera , Cloy W Hi COUNTRY MA !Talkative., Nov. s.—Wheat, 7er Harley, per quarter, 54s to 746- 74s to St's—Peas, 72s to 7/is—Rye BAMILVII, Nov. S.—Wheat to I Is Od—Vetches, Os 04 per busht. Od to SO& 041 per quart, peek—Flour, V. to 002 per sack. o:roan, Nov. s.—The price of a —The Half-peek Loaf, Wheaten, Is 1 Nawavay, Balms, November 5. —% 561 to 76s—Oars, 35s to tits—Beat to 14,...—8read, 1& Sd to Is 104. p FOR PRESERVING ova BEAI;1 THE VEGETABLE TOOT -A. long been the appendage of every that it is unnecessary to offer any forth Being composed of Vegetables, and veil mineral or pernicious ingredient what usual objections maim the use of other power is just sulk: ant to annihilate the ding panicles which generally adhere t terstiees of the Teeth ; healing SOrelled mating a new enamel of pearly whiten jarred or corroded) on the latter. It li and beautiful redness to the gums ; t. hatable sweetness, and if used conttat save the Teeth in a sound state even t Sold in Bases, at Ys. gd. by R. BC mists, No. 4, Cheapside, corner of &. Sa..krille•street, Dublin; and by the Booksellers throughout the United Kit are requested to &serve that the name a are engraved en the stamp as of this esteemed De ge =ox, as CleiTitlo the same tide of l Asa ?vaster. LOCK AND SURGICAL lime SUM Ewe Fun His Royal Highness tlse Duke of Surgeon—Mr. Kiernan, Member cf th Governors—Earl of K;retucnt, Earl c J. Barry, M.P. John Latouche THE ROYAL and NOBLI above INSTITUTIOM, for ti VENEREAL COMPLAINTS and quences, in order to insure the Benefit it, selected Mr. KIERNAN as its Sur iht attic Royal College from having 4 to thos^ Diseases. Mr. KIELNAW COON duty to caution the Public, by pointing ti lege, published in Feb. 1816, as the on assertion of persons assuming such title them, without being sanctioned by thil The Annual *Reports of the Lock Di some of the most dangerous Cases of S other supposed-incurable Affections of have been here radically and successful Mr. KIERNAN may be consulted at his Lowu CUAILLOTTZ-S where Letters from Town and Countr the necessary Advice and Medicine wi part of the United Kingdom. Just publialled, price 4i. Si PRACTICAL 0111101ITATiON3 00 the ati.,l and may be had at No. 174, Fleer-stri and 10, Crown-ccitut, Sao. PRICE OF ST( Bank Stdck 2701 210 Reduced itiff, I Cons. 771 7e4 ri 3i per Ct. 851} 4 per Ct. 95{ 94ff Navy 107} Long Anns.lsls-1690 KS Y Ina India Exel Omi Con. Lott MGR WATER at LONDON BRI Morning Afternoon LAYDON; rcintcd ai d ptils%hcd Place, IcaTie-,