Star. — London, England, 1813-08-05 00:00:00

irtit Attmt The late Lieutenant BLumbst.t., who was killed in duel, belonged to the 101st regiment—...not the 100th as printed by mistake in the STAR of Tuesday. The four troops of Scotch Greys ordered for Lon don, have been countermanded, and are to remain at Northampton. The I lth Light Dragoons have re. ceived a route for Hounslow, Windsor, and Rich mond. Sir THOMAS GaAkAm's wound is a shot in the thigh. He proceeded with the left of the army in pursuit of that part of the French army, commanded by the King, which entered France by Bayonne. He drove them from position to position in the attack of she strong post at Tolosa. The whole army received the intelligence of his wound with a concern which tould only be equalled by hearing that a similar mis fortune had befallen their illustrious Chief. A letter from Cork, dated the 30th ult. says, fig Wednesday the 76th regiment of Foot, 600 strong, commanded by Lieutenant-Colonel WARDELOW, and the 84th regiment, 960 strong, commanded by Lieu tenant-Colonel LLOYD, embarked on board the trans ports, amidst repeated cheering. We have no hesita tion in sAyintt, that two finer corps have not, at any time, left this country during the war. The whOle will proceed to-morrow for St. Andero, which port they may reach, with a fair wind, in four or five days. His Majesty's ships STORK, Captain BOULSON j BRISK, Captain MOtINSINR ; and VIRAGO, Lieutenant PITT -MANN, saw the transports only, with the above regi ments, enter St. Anders" Few Regiments have evinced greater zeal than th e 104th, commanded by Lieutenant-General HUN TER, under whose auspices it was raised this war. Its services were originally limited to British North America, but it was no sootier complete to its estab lishment of 1000 men, thait it unanimously volun teered for general service. Being ordered to Canada last winter, this regiment actually marched on snow shoes from NeW Brunswick to Quebec, a distance of 260 miles, when the thermometer was twenty degrees below cypher ; a circumstance which astonished even the Canadians. Scarcely had the men recovered from being frost-bitten (which most of them were) than the regiment was ordered to the frontiers of Upper Canada, being 450 miles. The fatigue and difficulty of such a march, at the most inclement season of the year, cannot well be imagined. It was performed with the greatest chearfulness, and the regiment had the good fortune to reach Upper Canada in time to take al distinguished share in the recent operations in that quarter. On the whole, the conduct of this re giment does credit to the Province it was raised in, and shews that the spirit of the old American Loya lists still exists in their sons. SXTRACT OP A LETTER FROM A YOUNG OFFICER. " In front of Pampluns, July 5, 1813. •• In the great battle of the 21st ultimo the enemy were so confident of victory, that they did not make any arrangements respecting the wives of the officers of the army, even of the highest rank. The Countess Gaamr, the wile of the Marshal who was second in command, was among the number that were taken, but every attention was paid to her, and they were all sent to Pampluna, with a flag of truce next day, in their respective carriages, some of which were of the most elegant description;—the entire household of King JOSEPH, we also had the honour of laying hands on, and his money, plate, clothes of all kinds, were handed about our camp that night for sale by our men, who were also happy in having fallen upon the waggons containing his most choice wines and delicacies of all sorts.; and you may suppose that our having nothing but half a pound of wheat and a pound of very miserable meat, 'for more than ten days before, for each day's ration, which we washed down with muddy water, it having rained incessantly all the time, gave us no small appetite for the luxuries that were then set before us ; after the dangers and fatigues of the day, our men reserving their brandy for themselves, gave the Officers of the different com panies the Claret, Champagne, and Burgundy in profusion :—the only things I could get hold of, and which :.hope one of those days to present you with, THY dear Sir, are a brace of the King's pistols, and half a dozen of his spoons, silver forks, and a soup ladle, which I wish, for the name of the thing, were .low on your sideboard ; they are not of much value, but their having been his, enhances them." EXTRACT OF A LETTER FROM AN OFFICER OF MS MAJESTY'S SHIP SURVEILLANTE. " Off St. Sebastian, July es, " We landed several of our 24-pounders to mount a breaching battery, manned by a party of our sea men and marines, with our First and Third Lieute 'tants, and some Petty Officers and our fire has I already been noticed by the apause of the whole besieging army. We have had some casualties, and our Third Lieutenant had a narrow escape, being tumbled down by a spent canon shot, and we thought killed, but severe bleeding brought him round. On the morning of the 20th, all the batteries from the Sand Hills commenced fire, being twenty-two 24- pounders, several mortars and howitzers ; and the wall to be breached was reported by our Captain to have been much shaken that evening when he left the trenches. The enemy are not idle, , and though their fire is not so brisk as ours, perhaps from a de sire to preserve &eir ammunition, yet it is well di rected, and on the first day one of our 24-pounders was rendered unserviceable, some people killed, and a few woungEd, by splinters from the enemy's shells. The loss in the attack of the fortified convent was severe, but it was as neat and as gallant an affair as could have been witnessed : there was nothing to complain of but an excess of courage on the part of the assailants, which led them to pursue the enemy further than was strictly proper ; but this, alter all, is a noble fault. The flanking batteries are now Rushed on to the glacis, and to-morrow, the opinitin es, the town will be stormed. I rather think the 25th u more likely. If we succeed so far, as I trust we shall, such of the garrison as escape the British bAyonet must retire to the castle, and works on the rock, from whence they can be driven only by shells, and these, I trust, will make the rock too warm for them.— Some of our seamen have already applied to the Cap tain for leave to be of the forlorn hope, and this desperate duty seems coveted by a great many. No idea can be formed of the severity of the service upon this coast, by those who have not felt it : all I have ea on is ht truth play to it." Ptt PAitticdLititt OF tHE Litti MURDER: Coblli' OF CHANCEItY, AUGUST 4. BANKRUPT PETITION. EXPARTE HARDY 11.1 THIr MATTER OP FLINDERS% This was a petition of one of the Assignees of the l Bankrupt, for an order to compel the Solicitor, who had acted in the Commission till the choice of As signees, to deliver up the proceedings; and the books of the bankrupt, to the Assignees, they having chosen another solicitor. It appeared from the affidayite elf tae Assignee, Hardy, and others, that the Solicitor had refused to deliver up the proceedings and books, though re quested to do so by the Assignees, until his bill and ,costs should be paid, amounting to £10), for pro ceedings previous to the choice of assignees, and £63 afterwards. The petitioner took the opinion of Coun sel (Mr. Montagne), and sent it to the solicitor; in which opinion it was stated, that the Solicitor was bound to deliver up the proceedings. The Solicitor enquired whether this was the opinion of Mr. Bazil Montague ?—and stated, that if it was, he had the greatest respect for it ; but that long habits of busi ness had given him some right to rely upon his own opinion, and he refused to comply till the bill was paid. Sir S. ROMILLY and Mr. MONTAGUE, for the Peti tioner; Mr. HART and Mr. CULLES, for the Solidi tor.—lt was admitted on all hands (and could not be denied), that the Solicitor, who had acted up to the time of the choice of Assignees, was bound to deliver the proceedings to the Assignees, provided they chose another Solicitor. It was argued for the Solicitor, that he had, in fact, acted as Solicitor sub sequent to the choice of Assignees ; that he had s at. tended the last examination of the Bankrupt, and had been recognised by the Assignees as Solicitor. The LORD CHANCELLOR said, there could be no doubt but the Solicitor was bound to deliver up the proceedings ; but it might be a different question in regard to the books, unless they were referred to in the proceedings, so as to constitute part of these proceedings. He understood it to be stated, that they had been referred to, and that they therefore constituted part of the proceedings. But then it was a question whether he had not a lien upon these pa. pers, as far as respected the proceedings after the choice of Assignees. His Lordship did not clearly see from these affida vits that he had been employed by the Assignees, but merely that he had attended and answered ques tions.—Ordered, that the proceedings and books be g delivered up to the Assignees: BANKRUPT PETITION.—EXPARTE MEACHER IN THE MATTER OF MEACHER. The Meachers, father and eldest son, had become bankrupts. Previous to the bankruptcy, the family, it appeared, had been possessed of considerable pro perty. The eldest son was to have about £30,000 on his coming of age. The Earl of Bridgewater had purchased part of the family property, and the father, it appeared, had, in respect of this, or some other Saturday se'nnight, Daniel Kiri, a prisoner con- transaction, £5910 in his hands, which property be fined in the gaol of Armagh, attempted to murder longed to the son. 'When the son came of age, the the deputy gaoler, by stabbing him with a knife.— father urged him to make some provision for his b This wretch seems to be equal to the most atroccousrother and sisters, and to allow him (the father) to retain the sum of 5e5910, as trustee for the younger crimes: he several times invited his intended victim into the yard, under pretence of communicating some- children. The sum, however, which the father wished to have for this purpose, was £6OOO, being se`2ooo thing serious to him, with the intention (as is sup posed), of putting his scheme in practice, when the for each of the younger children. It was alledged on the part of the Lacher, that the son had agreed to door would be opened, by which means he hoped to escape, by getting into his possession the key of the allow this sum :the father, as the Chancellor observ. outward-door. From his suspicious conduct, and a ed, probably using an argument very common on madness he feigned fbr the purpose of eluding im- these occasions, viz. that if the brother and sisters pending justice, it was thought necessary to handcuff had been in his situation, they would do as much for him ; when doing so, he suddenly snatched the him. The father, having become bankrupt, proved tinder his own commission for the sum of £6OOO in weapon from his breast and stabbed him twice, aim his character of trustee for the younger children.— ing for the throat, but it happily struck the jawbone. The son having become bankrupt, his assignees very Fortunately the weapon had been broke in the point, else it would inevitably have glided off the bone, and properly, as the Chancellor stated, in a transaction of this unusual nature, chose to have the matter in probably killed him. Of ten who were present, all v fled but one, who, possessing more courage than the vestigated as a claim of the estate of the son upon rest, knocked the miscreant down with a blow of his that of the father for the amount of the debt alledged t fist, but ere he could wrest the weapon from him,o be due from the father to the son. A Petition was presented to the Chancellor two years ago upon he also received two wounds in his left arm ; how ever, there is no danger apprehended f r their lives. this ground, and the question was, whether the son .had or had not really agreed to make this allowance VAUXHALL REGATTA—Yesterday tfe annual whet : - to the younger children before any contemplation of ry given by the Proprietors of Vauxhall Gardens was contested for by seven watermen, who had never won ', bankruptcy. The Chancellor directed an issue, to a prize. The match was to be determined in two have the matter tried at law, and the Jury found a v heats. At six o'clock the competitors started in gen.erdict for the defendant in the issue—viz. for those who contended that the son had, in fact, made the bridge, and proceeded against tide through the centre tlemen's funnnies (not wherries), from Blackh tars sift in question. The subject now came again before arch of Westminster-bridge, and thence round a boat his Lordship, upon a petition for an order, directing a new trial of the question, or otherwise, that the as moored off Lambeth Palace. Ossotteee, of White. friars, TURNER, Hungerford, and Josies, of the Old signees of the estate of the son should be allowed at Swan Stairs, London-bridge, took the lead, and kept least to prove under the commission against the father for the sum of £2OOO, or thereabouts, one of it, they coming in for the first heat. By the regula. tions of the society, only three boats were permitted the children having died since the gift was made. again to start ; the before-mentioned, at half-past Sir S. ROMILLY and Mr. MONTAGUE, for the peti tioner, a that the seven o'clock, again set off for the second heat: they rgued verdict Was wrong, and all. proceeded up the river to Battersea Reach, where, unfortunately for OSBOURNE, he ran foul of the gaUies Mr. HAn; Mr. HEALD, and Mr. RICHARDS con stationed on the western side of the river, and that tended, that though the evidence was liable to a great mischance gave JOHN JONES an opportunity of , by deal of observation, yet the verdict of the Jury was , 4 a long pull and a strong pull," to get ahead of his I certainly found according to the preponderance of antagonist. JONES went round the boats at Battersea;ersea, evidence. A Mr. Clarke, Lord Bridgewater's land and returned to Vauxhall stairs, leading °mains e steward, had deposed that the father had, while he only about a boat's length. The race was decided (Clarke) was present, observed that the son had agreed to leave the debt of £5910 in his hands for about half-past eight o'clock. The wherry was after wards exhibited to the company in the Gardens. It the benefit of the younger children, and that the son was a very handsome one. The winnuer of the prize had not denied this, but had remained silent. Several received it from the hands of Mr. SIMPSON, who thus other witnesses had deposed, that the son had ac addressed him on the occasion : knowledged that he had made the provision in guts a Mr. JONILS, on the part of the Proprietor of Vauxhall Gar- tion for the younger children, but some stated, that dens, it affords me infinite pleasure to declare you the undoutted he had at the same time observed that the agreement winner of the Vauxhall Prize \Pi harry; and permit me to hope, I was not formal, not being in writing. that as you have obtained her by dint of your own most honour- The LORD CHANCELLOR observed, that it was not able exertions, so also may her timbers, which are truly British, prove the stem and stem of your future wealth and prosperity!' sufficient to say, upon an application for a new trial, The wherry was afterwards conveyed down the that the evidence was doubtful, and not in all re River in triumph, with its streamers flying, accom- spects perfectly satisfactory as a foundation for the panied by a vast number of pleasure-boats ;it was verdict. Before a new trial should be directed, it landed at Whitehall, where the friends of the winner must appear that the verdict was so obviously wrong assembled, and gave three cheers. The day was fine, that the:e might be a reasonable ground to conclude and the spectators were numerous. that the verdict of another Jury might be different. The English prisoners residing at large in Paris do It was clear that Clarke, the land steward, must have conceived, from the observation of the father and the not exceed fifty ; but the numerous resident Eng li s h housekeepers still reside there undisturbed. Miss Wis. silence of the son, that there was an agreement—as, in mentioning the circumstance afterwards, he had LIAMS has left Paris for the South of France. Lady Y. lives in retirement, engaged in the education of her said that the father ought to give security, that the children, and suffering much from ill health. Dr. sum should be duly paid to the younger children. WATSON, the author of the Life of Fletcher, is dead. tinder these circumstances, his Lordship thought hat there was nut, in the present case, that reason- - Mr. JOHN PERRY lives in much domestic comfort ear the Palais Royale. Count Rustemto enjoys the favour able ground to believe that a new trial would pro and confidence of the French Government. duce a different decision as would authorize him to LAW £WTELLIGENC Mary Cliftorct, 'the widows or teputed widow, of Edward Clifford, who was so barbarously murdered, is now in the House of Correction. The confession of Leary has not as yet been head to her, but it was just hinted to . her that he confessed the deed, and charged her with being concerned with MTh, which seethed to Make no Impression upon her. She seemed satisfied with her renteval there, on condition of ha ving liberty of seeing her children frequently. No thing in her conduct as yet has appeared to lead to a suspicion of her guilt Her children were removed yesterday from Mrs. JuKas's, in Market -street, Fitz roy-iquare, to Pancras Workhouse. it appears that Leary's confession is correct, so far as that a person of the name of Wm. Slattery; accompanied Mrs. Clifford to her house ) or room, in New -court, on the Sunday, and that she and her husband had some tri fling dispute; that she snatched his hat from him, and that he then went attd bought another—and also that the deceased and Leary were drinking at the house of one Griffith, in Church -street, St. Giles's, on Sunday evening —but, on the other hand, it ap pears that Mrs. Clifford returned to her lodgings, in Church-lane, about eleven o'clock on Sunday night: that she lit her candle and remained at home for two or three hours. William Slattery before-mentioned, being a lodger of Clifford's, slept in the same room, and was talking to her when she came in, and she inquired of him if her husband was come home He saw her go to bed, and in a couple of hours after he saw her get up as there was a candle burning in the room ; but he then fell asleep, and did not see or hear her go out. He attended at the Coroner's Inquest, but then his evidence did not seem necessary. • Leary's first confession before the Magistrates in Hatton•garden, on his examination, entirely differs , from the last—he then laid no charge against the wife of the deceased, although he heard her make so serious a charge against htin ; buf stated, that he parted from the deceased and his will at the end of Ely-place; that they met two men there, who went if in company with Clifford and his wife, and that he (Leary) returned home. It appears, that on the Monday morning, when the body was found, Mrs. Clifford gave a man of the name of Lawrence, who keeps a chandler's shop in the same street in which she 'aged, £6, charging him to take no notice of it. It also appears, that, the deceased was not the father of the five children she had with her, her first husband being dead. There are reports as to whether she was married to Clifford or not ; but she says that the little property in Ire land was her own, and that the deceased pressed her , to let him sell it, observing, that he would go to• Lo ndon, and would work and earn bread for her and the children; and that as they were young, neither they nor any body else•could ever tell but that he was their lather. On those terms she accompanied him. direct another With • the observation of the ton, that the agreement was not in writing, WAS it%elt evidence that an agreement by pdrf;le Ltd been en tered into ; 4nd if such an agreement had been for med by parole, it Was suf f icient. He therefore orde red, that the proof Under the father's commis.ion should be allowed for the benefit of the younger chit. dren, but that it should be for £.1910, instead of £(3000, and that the parties on all hands should bear their own expenses; those of the assignees of father and son to be paid out of their respective estates. COUNCIL ROONLBSTOItt TIM VIC/PCHANCELLOIt. BARTLIFF tl. BYRES.-DEMURRER. A Mrs. Williamson having been entitled, in 1747, to a copyhold estate in Yorkshire, she, along with her husband, agreed to surrender the estate in ques tion, and signed - a document of consent to the surren der. The estate had sintte.passed by several convey ances, till it came at length into the p3ssession of a trustee for Sir Mark Sykec.the defendant. . _ A private Act of Parliament had passed in 1803, by which a common, including the estate in question, was divided and inclosed, and the estate allotted, by the award of the Commissioners, to the trustee for Sir Mark Sykes. A bill was now filed, stating, that the surrender in 1747 was illegal and void, inasmuch as the wife, to whom the estate belonged, hid net been privately examined by the Lord of the Manor or his Steward, or any person on their behalf, as to her willingnessto surrender; and that such surrender could not, there fore , be sustained, inasmuch as such private exami nation of his wife was necessary in law to give vali dity to the transaction. The bill therefore prayed that the surrender should be declared to be void, and the estate to be in the plaintiff, the heir at law of the : iip wife, to whom the property h d so belonged in 1747. 'The bill also stated the Act arliament, and that the legal estate was thereby to en tiom the plaintiff, and a new estate created, to which the plaintiff had only an equitable title , and that not being enabled to proceed in a Court of Law by ejectment, he was under the necessity of resorting to a Court of Equity for relief. The bill prayed both for discovery and relief. To this bill the defendant filled a general de murrer for want of equity, and the demurrer came on to be hear d bef ore his Honour the VICK CHAN CELLOR. Sir S. ROMILLY and Mr. HORNS, in support of the demurrer, argued, that the bill was out of Court, even upon its own statement—as this was a case of purely legs! title, and that the remedy was at law, and not in equity ; and 2d, that the relief was barred by the Statute of Limitations. Mr. HART and Mr. GARRETT, in support of the bill, contended, that the remedy at law was taken away by the award of the Commissioners under the Act of Parliament. The plaintiff had the legal title before, but by the Act of Parliament the legal tide was vested in the trustee for Sir Mark Sykes, and that in equity such trustee was in reality a trustee for the plaintiff, and ought*to be decreed to convey the legal estate to him. That as lo the time the Statute of Limitations did not attach when the Act of Par liament was passed, and that the time ought now to be considered as only.having begun to run since the passing of that Act of Parliament. The VICK-CHANCELLOR was of opinion that this was dearly a title at law. If the legal title passed by Act of Parliament, in the usual construction" of the effect of an Act of the Legislature, neither a Court of Law nor a Court of Equity could disturb that tide. But then tt might be said that this was a private Act et Parliament, and merely a common as surance, though of a very high nature. If it was a common assurance, then it could not have barred the effect of the Statute of Limitations; for in that case it must be regarded as an ordinary coveyance, and upon the same footing with the other intermediate conveyances by whick this estate had passed. If the Act was of the nature of a common assurance, it could not alter the title at law, which was as open to prosecution as before, unless barred by the lapse of time. In any view of the case, therefore, there was no ground for the interference of equity. A mere bill of discovery might, indeed, have been admitted, in order to enable the plaintiff to proceed at law, if he had any case to present for the consideration of a Court of Law : but when a bill went on to pray for relief as well as discovery, where there was no ground for the relief, it was an established rule that the whole bill was bad, and that a general demurrer would hold. In his opinion, therefore ) the demurrer must • be allowed. it BELFAST, Jul.: 31.—0 n Monday last, a fatal affray took place at Garvigh, county of Derry. It was the fair day, and a large body of those deluded men, stil ing themselves Ribbon men, assembled in that town, some letters say to the amount of 1,500, with a de termination to take summary vengeance on a peace able inhabitant (one Davidson, a publican), who occasionally gives admission to Freemasons and Orangemen. Two lodges of the latter, and one of the former, were in the habit of periodically meeting there. None of these, however, were present on this occasion ; the meditated vengeance was therefore likely to fall upon the house and its owner, and upon the various insignia deposited there, as characteristic of the associations they represented. Fortunately, the ' landlord of the house got some intimation of the visit intended him, some time before it actually took place ; a few friends were consequently privately in troduced, who were prepared.to assist in the entertain ; meal of so many guests, and, if necessary, to give them a warm reception. The assailants, being ind►s i. dually decorated with the distinguishing badge of a white handierchil tied round the middle of the bcely, were not slack in their approaches, little dreaming, it w culd appear, of the preparations that await'd them. On the attack commencing, several shots were fired over their heads, the contents of wh ch whistled among the trees behind them, whose fugitive branches indicated that they were not fired from bland cartridges. As usual, however, this forbearance only tended t• - ) ewperate the mob. The pieces were then levelled to do execution. Several then immediately fell, and a lieneral flight and pursuit instantly commenced It is stid three persons were killed on the spot, and several of them have since died of their wounds.— Next day, a Liege body of Orangemen and Freema sonsassembled from the adjacent country and villages, and paraded the streets of Garragh, without the shatiew opFcsizion.