Star. — London, England, 1826-11-24 00:00:00

~= x :' ' • .% • a • cancotas istroassassolt.—s.., The Cossmott Samoan moved for a rule to shew dse why a criminal information should not be filed int the primes and publisher of the Palladian news- 1 paper, for a libit upon -Lord William Lennox. The Learned Counsel said, that fir a long time past his Lordship had been assailed by a variety of paragraphs In the Palladium, which imputed to him that be was the author of certain writings in the Age, and these papers, making these imputations against Lord William Lennox, were regularly sent to the Officers of his Regi ment. In, consequence of this, Lord Glengall fancied that Lord William Lennox had written something per sonally offensive to him, and a Court of Inquiry was in stkutvd, the result of which was Lord William Lennox's honourable acquittal. Notwithstanding this, however, the Palladian, of Sunday last put forth a ridiculous song called " The downfall e ats Age," in which Lord Wm. Lennox was again charged with writing articles in the Age I and in the second edition of the same paper, a leading article was inserted upon the same subject,and the reader was referred to a paragraph in another part of the paper, which was the libel now complained of.— The Learned Counsel here read the offensive paragraph, which, in alluding to the Court of Inquiry on Lord William Lennox's conduct, said, that but a qualified ac quittal had been pronounced ; that Lord Wm. Lennox had been sent to Coventry by his brother Officers ; that he had been shunned by Colonel Hill, the brother of the late Lord Hill, and that he had obtained leave of ab sence for six months from his Regiment, In the hope that the storm would blow ovet in his absence. All these asses lions were positively denied ; L• rd W. Lennox was on good terms with all his brothel Officers ; the Court of Inquiry had not pronounced a qualified ac quittal, but an honourable acquittal, and the Duke of Wellington, as Colonel of the Royal Horse Guards (Blue), had expressed his delight that the result of the Court had been such as he had anticipated. The Lotto CHur JIMMIE—Take a rule to shew cause. CIOIIIIIIAL 1111/ORMATIODLTHI CIIIILLTEXILAN SOUSNAL. Mr. Cassrssece moved for a rule to shew cause, why a criminal information should not be granted against the proprietor of the Chekenhans Journal, for having published a libel on the Reverend Henry Campbell, who had been ten years a Magistrate in the county of Gloucester.—Rule granted. As the LORD CHiatr Josma was quitting the Bench at one o'clock to enter his private room, his foot slipped, and he sustained a violent shock on his knee. His Lord ship expressed a sense ttf pain, and the officers ran to his assistance. He was supported to his room, and a medical Gentleman, who happened to be in Court, went to ascer tain the extent of the accident. Mr. Justice BAYLEY, some time after, said it might be satisfactoi y to the Gentlemen of the Bar, to hear that the Lord Chief Justice had only received a slight hurt on his knee. or "rug COURT OF COMMON PLEAS, Nor. O. LA tin NATTER Or COLOSSI. ?ADMAN, ?ALLA DIUX." Mr. Sergeant WILDE moved to charge the Colonel in ettecnti-►n upon a judgment signed against him. Mr. Sergeant VAUGHAN sheaved cause against his commitment, upon affidavits which stated that he bad a good defence to the action, and also that at a period of the proceedings, while he was in prison, the action had become supersedeable, as he was informed by an attnrn• y ; that he gave him 101. to supersede the action, which he altogether neglected, and the judgment was consequen ly obtained. 'nut COURT granted a rule to chew cause why the proceedings Is hook! nut be opened, and also a rule calling upon the Attorney to unmet the matters in the affidavits GILLITT, ASIOKNEE, V. JACKSON. . . - In this case, the Attorney under a Commission of Bankruptcy had indemnified the assignee against the eons of any actions that he (the attorney) might bring. The present action was brought for 21. The Cover remarked that it was most improper conduct on the part of the attorney, and most dangerous ; the-re would be plenty of actions brought for the pur pose of obtaining costs, and ordered all proceedings to be stayed without costs. gAMZION •. DRINICAtb. In this case a rule had been obtained in the early part C' the Term. calling on the defendant to strew cause why the verdict found in this case for him should not be set aside, and a new trial had on payment of costs, on the ground of the verdict being against evidence. The cause had been tried at the Sittings in London before the present Term. It was an action to recover the value of a vessel, the Lively, and her freight, which had been run down by the defendant's vessel, the Miranda. in the chops of the Channel, in December, 1825. At the time of the trial the evidence was conflicting, as to the con duct of the officers and crew of the two vessels. A number of nautical persons, who were present during the trial, gave it as their opinion that the conduct of the defendant's crew was such as the circumstances of the case required. The Jury returned a verdict for defendant. Mr. Sergeant BOSANQUET now :hewed cause against the Rule. He admitted that the rule to be observed in the navigation of vessels was, that a vessel sailing with the wind must give way to a •essel meeting it. But if the crew of the latter vessel observed the former, and did not take the necessary precautions, she must not pertinaciously rely on her tight. Here it had been proved by the evidence not merely of the crew, but by the opinion of nautical scientific men, that the con duct of the defendant had been correct, and therefore trial there could be no pretence for disturbing the verdict. Mr. Sergeant V AUCIK AN, in support of the Rule, con tended, that from the statements of the defendant's own witnesses, and the undoubted circumstances of the case, there was good reason for conceiving, that if anything like proper care had been taken by their crew, no acci dent could have occurred. He submitted that they had not kept a good look out; that they had not the proper sails set ; and that they had not used reasonable skill. Mr. Sergeant Wins followed** the same side. The Lord Chief Justice BEST: This case has been moved on the payment of costs. I have in report stated what passed at the trial. On viewing the facts proved on the part of the plaintiff and on the part of the de :endant, I was clearly of opinion that this event was the result of accident, but that there was misconduct with respect to carrying too large a press of sail ; with respect to porting the helm and then starboarding it ; a great number of witnesses were called who had been present during the trial, and their opinion was, that there was no misconduct on the part of the Miranda, but there was misconduct on the part of the Lively. There was, it is true, a considerable difference in the opinions of many of these witnesses. I, however, was firmly of opinion that the plaintiff's vessel had been to blame, and so I continued unconvinced to the contrary ; for it is said— “ A man, convinced against his win, • Is of the same opinion still." thought the balance was strofstily in favour if thee defendant. When my brother Vaughan replied, the Jury wanted to stop him. I would not Let them—for they were going to decide against him—but told them they must heal. him. After the trial, I was very anxious about the case, and therefore very carefully examined the evidence which had been given ; and then I altered my opinion as to the testimony of the witnesses who had been present at the time of the trial. I then thought they did not support the opinion found by the Jury, though if I bad been one of them, I should cer tainly have given the same verdict. I am, however, now bound to say, that if I had considered the circum. stances of the case as I ought, my opinion would have been the other way, and then I should not have at tached .so much importance to the testimony of those nautical Gentlemen who had been present at the time' of the trial. It will, therefore, be more satisfactory to my mind, under all considerations, that the case should again come before a Jury. Mr. Justice PARK said he would not enter into the merits of the case. He would, however, acknowledge that he had been a good deal staggered by the facts which had been disclosed by his Loi dship's notes. As his Lordship had some doubts on the propriety of the verdict, he coincided with him that there ought to be a new trial. Mr. Justice BURROUGH said, Ee acquiesced very un willingly in the decision which the Court seemed inclined to form. The case had been fully examined at the time of the trial, and a definite opinion pronounced by the Jury. However, as his Lordship was dissatisfied with that opinion of the Jiffy, there must be a new trial had. Mr. Justice Gaset.gx concurred in the opinion of his Lordship and his Learned Brothers. Rule made absolute 011 payment of costs. ROLLS' COURT, Nov. 23. 1011 , 1014 V. WEIMIIiN, WAKEFIELD AND OTHERS. The arguments in this saw were resumed on the sitting of the Court. Mr. WAKBPIKLD, who had not concluded on the rising of the Court on Tuesday, commenced by reading several letters written by the plaintiff, when Mrs. Pattie, and dated Genoa. They referred to various pecuniary transactions, in which the writer directed Mr. E.Wake field to pay different sums of money in di , charge of his son's (Mr. Edward Gibbon Wakefield) debts. Mr. Suousu said he appeared for Mr. Edward Gib bon Wakefield and his children, and on their be:,alf he had to ask that the bill should be dismissed with costs. A great anxiety was :hewn on the other side to protect Mr. E. G. Wakefield and his children ; hut if he, who was their Counsel, understood their interest, they re quired no protection whatever from the Court. Their interest would be best prorboted by the dismissal of the bill. As to the account which Nlis.ll ,, bson asked from Mr. E. G. Wakefield, he had no objection to such an ac count being taken, because it could not affect his clients, it could only affect the agent, Mr. E. Wakefield.— Mrs. Robson could have no right to ask any account from Mr. E. G. Wakefield, who, it was not pre:ended, had ever been his agent. It was true, she had first made a claim upon E. G.Wakrfield, but when that claim was decided against her upon reference to Mr. Shad well, she then turned round upon Mt. Edward Wakefi.:l3, and made her claim upon him. This afforded a presump : tion that the whole cl , im originated in tome delusion of Mrs. Robson's mind ; but this be (Mr. Sugden) had no., thing to do with, for he withdrew his client's case from that of Mr. E. Wakefield altogether. The only account that could be taken was an account of Mrs. Robsoies annuity with Mr. E. Wakefield, and on that ground alone the bill oeght to be dismissed. With respect to the funds which were in Court; they were in the name of the Accountant General, and not a penny could be touched without the permission of the Court. As re. garded the interest of the infants, how could that be pro moted by disturbing the fund, or what had that fund to do with the present cause? He doubted the authority of the Master of the Rolls to charge a fund brought into Court under another cause by order of the Lord Chancel lor. No reliefwas prayed against Eiw. GilaboaWakefield, and he was only brought in that he might watch the taking of the accounts between his mother•in-law and his lather: but what had he to do with accounts? nothing more than any stranger in the Court ; and there fore the bill must be discharged as it regarded him, with costs. But time was another prayer in the bill. 'lt was prayed that the title deeds of the estates upon which Mrs. Robson's annuity was chargeable should be brought into Court. Now it was expressly declared in the assignment made by Mrs. Robyn), that the title deeds should remain in the possession of the tenant for life. The tenant for life was Mr. Edward Gibbon Wakefield, and there was no reason why the title deeds should be taken out of his possession. His Learned Friends could not produce a single case in which the Court had ever interfered under similar circumstances ; and he hoped he should never see ti e day when the Court would assume such a power. What, then, could be the object of Mrs. Robson in making such a prayer? was she afraid that her annuity would not be regu larly paid ? _ _ _ Mr.llomm—lndeed &he is very much afraid. Mr. SUODEN—Mrs. Robson had no occasion to fear that her annuity would not be paid, for it was charge able upon landed estates producing 2,6001. per annum ; and so judicious was the purchase made under the settlement, that he was instrucitd to state that Mrs. Robson's security was increased rather than diminished in value. The bill coacluded by praying that the ex.. penses of the present proceedings should be paid out of the funds in Court. Those funds, as he before observed, had nothing to do Kith the present case. They were reserved for the infants, and he was confident the Court would not trespass upon that capital to indulge the liti gious spirit of the plaintiff. Mr. Waxitrino said, as he was junior Counsel for all the defendants, it was his duty again to address his Honour. He repeated the observation of his leader (Mr. Heald), that so trumpery, vexatious, and oppres sive a case was not known in the annals of the Court. It charged fraud and forgery upon the defendants, and yet not one witness was examined to substantiate those imputations. It was proved that the bills which Mrs. Robson insinuated were forged, were in her own hand- writing. This circumstance, per se. he contended, should influence the Court in dismissing the case with costs. The principle bad been frequently acted upon, that when a party introduced serious imputations in a bill, without adducing any proof in support of them, - , that party should be punished, by the refusal of the Court to grant costs. The present was a case in which the interference of the Court was most unnecessary.— Fraud had been insinuated, but there was not the slightest proof of fraud ; and in an account of great magnitude, and one going on for several years, it appeared there was but one insignificant item, where a sum of five pounds. was inadvertently charged. It was not alleged that Mr. edward Wakefield was negligent in his trust—his hodour and integrity were unimpeachable, and the only objection to him was, that he was the father of Mr. Edward Gibbon Wakefield, with whom Mrs. Robson had quarrelled. Mr. Edward Wakefield was already five years before the Court, and if the prayer of the bill was granted he would probably continue five years more in the Master's Office. This' was a sufficient reason for Mr. Wakefield's objection to the account being opened, though his Learned Friends could see no reason why he should object to such a proceed. ing. Under all the circumstances he felt confident the Court would not encourage this wanton attack upon a Gentleman's character, but would evince its sense of the whole proceeding by dismissing the bill with costs. Mr. HORNIC said in reply, that before he entered into the merits of the case, he could not avoid making an observation upon the singular distribution of profes sional labour which had taken place in this case. His friend Mr. Wakefield appeared for all the defendants, though it so happened that the interests of those defen dants were quite adverse. Now he confessed he felt a difficulty in conceiving how any Gentleman could un dertake to represent so many opposing interests, consis tent with professional propriety. As to his Learned Friend's tone when his connexion with some of the parties was considered, it was no wonder that he should assume a tone somewhat different from the other Counsel, who looked upon the parties merely as clients. His Learned Friend's (Mr. 'Wakefield) warmth was easily accounted for; it was natural, and not at all inconsistent with honour or professional propriety. Now as to the merits of the case, there clearly was a breach of trust on the part of Mr. E. Wakefield. He used the phrase not offensively, but as it was ordinarily used in Courts of Equity. It was equally clear that Mi. Edward Gibbon Wakefield was abetting that breach of trust. Those parties, therefore, were properly be. fore the Court, and all that was now demanded was an inquiry into that trust which was never settled. The question was not whether Mr. Edward Wakefield's con duct had been proper or not? into that he (Mr. Horne) would not enter. The question merely was,whether there was a sufficient bar to taking the account? for if there was not that bar, the account must be taken. How that account might turn out was another question ; the person who demanded it did so on her own responsibility, and if she failed to make it appear that there were grounds for going into that account, she subjected herself to all the costsof the inquiry. The Vice Chancellor had laid it down distinctly, that where one error was proved in an ac count, though that account had been settled, it was to be opened, with leave to surcharge and falsity. Without entering into any further detail, he concluded by sub mitting that an account should be taken, and new trustees appointed under that settlement. The arguments having been heard, the case stands for his Ho. nour's judgment. Mr. Wakefield, sen. Mr. Edward Gibbon Wakefield, and his younger brother, were in Court during the entire evening. IMPERIAL PARLIAMENT. HOUSE OF LORDS, Novame 23. A short time after two o'clock, theft Lordships asembled, and then went with the Loan Cnascirt.Loa to present the Address to his ALtaurr, at St. Jamees Palace. r~ HOUSE OF COMMONS. The House assembled at a quarter put two o'clock, and pro ceeded io St. James's with the Address to the Kll4ll, in answer to his Xlaassry's Speech from the Throne. There being no other business done, the House adjourned till to-morrow. BUSINESS IN THE HOUSE OF COM DIONS--(Turs DAT). Air. Aancausar's Motion relating to the Return for the 13o rough of Tregony. Huseirsox, to move Resoluilons founded on the Order in Council of the Ist September last. ORDERS OP 1111 TIMM MCTCOttli, us die Sommer* 182 e. Ritsoxvzo—That this House will not receive any Petition for Private Bills after Friday. the 23d day of February next. llzsoxvxu—That no Private Bill be read the first time after Monday, the 19th day of March next. Ruman—That this House will not receive any Report of such Private NU after Monday, tke 14th day of May next. Oaoaar-v—That the said Resolutions be printed. J. H. LET, CI. Dom. Corn. THE EVENING STAR. LONDON. FRIDAY, NOVEMBER 24, 1826. STOCK EXCHANGE, TWELVE O'CLOCK. Up to the present time, very little is doing in the Conseil market. Consols, which left off yesterday at 834, opened this morning at LSI I for the Account, and for next Account at 834 4. His Majesty's ship Rirtrume has arrived at Falmouth from Ha lifax, and a report prevails, that be has brought three hundred thousand dollars from New Yorkirom the Colombian Government ; but there is not much credit attached to the above story, as it i s supposed to be a raw de ram on the part of the Colombian Arils. There is also very little doing in the Foreign market at present. Current prices: Old Spanish 131 I, Mexican 67j j, Cam. bian 414 42, Russian 87 4, Greek Bonds 194 /. PRICE OF STOCKS AT TWO O'CLOCK; Bank Stock 20214 2 202 S per Cent Red. 82% % S per Cent. Cons. 83 1 / 4 1 / 2 % 3,4 per Cent. 89% 3i per Cent. Re s. 88 1 / 2 89 4 per Cent. New 98% 3 / 1$ 4 per Cent. 1826, 97 1 / 3 Long Ann. 19 5.16 India Bonds 39 37 Ll,OOO Excheq. Bills 20 18 19 L:500 ditto 19 21 18 20 4:100 and L:200 ditto 20 23 90 Cous t for Ditto 83 3 / 6 14 14 Frankfort Papers, with the Alliesteine Zeihneg, to the 17th, were received this mousing. The following are extracts: AUGSBUIIGH, N0V1112211 11. A Berlin paper says, u We now learn that the Con vention respecting the partition of the Duchies of Saxe Gotha and Altenburg, was ratified at the end of Octo ber." At the same time the Franconian Mercury reports, from a letter from Altenburg, of 7th November, "Duke Frederick of Saxe Hildburghansen, who will give new , splendour to the house of the Dukes of Saxe Altenburg, which has been without a head for 154 years, is expected in his new residence soon after the 19th November. The police has published a programme of the ceremonies on his entry into the City, which will be very magnificent." GENEVA, Nomms S. Sir Frederick Adam, Lord High Commissioner of the lonian Islands, who . passed three days here before he proceeded to Milan, declared that the number of Greek women and Children, who seek refuge in the luniA I Islands, is so great that it becomes impossible to provide for their urgent wants, unless the British Parliame nt votes a subsidy for the purpose. rRA NIEFORT. Novnista 16. His Eminence Cardinal Benretti, Governor of Rome, and Ambassador Extraordinary from the Holy See to the Court of Russia, arrived here yesterday. The Senate of this City, on the application of the children and heirs of the late F: ederic k Schiller, consi dering the eminent services rendered by the deceased to the poetry and literature of Germany, have presented to them, their heirs and successors, a privilege for twentv. five years, with exemption from duties, for a new col,. plete collection of his works. It is consequently for bidden, on pain of confiscation, and of a fine propor. tioned to the circumstances, as well as of damages, u• pirate in Frankfort and its territory this new edition of Schiller's works, or to sell the whole or any part of 4 pirated edition printed elsewhere. COLOGNE, Nona 18. In the night of the 13th we had a violent storm friri% the southeast, which continued till seven o'clock in the morning, the vessels which are rarely exposed to hum. canes from that quarter, were in very great danger, and nothing less than the extraordinary efforts thAt were made could have prevented very considerable d mage. More than twelve large Dutch vessels, most ( . 1 them laden, broke loose from their moorings, and seve. ral of them were more or less damaged. Some vessels laden with fruit were stranded, and some others with charcoal were said to be sunk. The Rhine, the waters of which have been very low for these three months, begins to rise again. According to recent accounts from Greece, in the Jonrnal of Rome, the National Assembly continued its sittings. IBRAHIM is shut np in Tripolitzs, and he has refused to consult with the Captain Pacha on the plan of a new campaign. The advantages which KARA'S. [AM and FAnvl!Jt had gained, as welt as the raising of the siege of Athens, are fully confirmed. The Turkish fleet has lost two corvettes and eleven transports, in another attack on the Island of Samos. The Egyptian troops in Navarino and Modon, are without provisions. We have received Dutch and Brussels Papers to the 23d inst. The KING'S birth-day had been kept with great marks of respect and attachment on the 18th._ Intelligence had arrived from Batavia of a very late date, the 18th of August, but its nature was not favour• able. A fire had broken out in that city on the 9th of July, which had consumed 180 houses, and, it was feared, two young children. A surprising degree of cold had also been experienced at that place. The thermometer, which is generally at 86 deg. was down for nine whole days in the beginning of July at 54 deg. which had never happened before. Two armed steam. boats were expected from the Netherlands, by the means of which it was hoped that piracy in the Indian Seas would be entirely repressed. The Rebels had obtained some successes in the interior of Java. They had sur prised a detachment of a Netherland troops, with some Princes of Djockjo,their allies, and both had been made prisoners of war. Indeed, the want of reinforcements from Europe was so severely felt, that the very pos session of the island was endangered by the delay in their arrival. With respect to the disorder at Groningen, it began slowly to decrease and to lose its envenomed character. Several steam-boats were building at Frankfort, the boilers and wheels of which were not to be in the same vessel with the passengers and goods ; but in order to prevent the possibility of accidents to the company, in a separate ship by which the other was to be towed: These Papers contain intelligence from Napoli di Romania to the 9th of October. Whilst the Greek re gular troops had retired to Salamis, the Turks endea voured to obtain possession of the Acropolis, and finding that their bombardment from below produced but little effect, made six successive and desperate atttacks on the comparatively low wall which runs before the Pro pyltea. In all of these we are rejoiced to fiad, they were gallantly repulsed by the garrison, who, film the advantageous nature of the ground, killed large uom bers of the enemy, without losing . proportionately on their side. These storming. occupied four whole Jays, from the 14th to the 18th of September. The bodies of the slain having been left on the field of battle by the Turks, who feared to come under the fire of the Acta polis, the stench grew so intolerable that the garrison sent a request to KARAISEAKI and FAISVIER to make some offensive demonstrations, in order to draw the Turks off to some distance, that in the meantime the rights of sepulture might be bestowed. KARAISKAKI had immediately passed over to Eleusis, but the result of the movement was not known. The House of CommorVEEnot transact any busi ness yesterday, the Members having merely met to proceed to St. James's Palace to present their Address I to his Maaewry. This day a debate is expet will involve the subject of the Corn Laws, ' produce any decision on the question. Ms. will move Resolutions founded on the Order ail of the Ist of September, permitting the: of Foreign Grain, preparatory to his moving to bring in a Bill to indemnify Ministers f- -- sion. The necessity of the Ports being open tionable, as it is well known that there is a of Corn in the Kingdom, consequently M perfectly justifiable in recommending the 'Uouncil, however objectionable the measure been to the landed interest. The Oat harvest and Ireland unfortunately completely .7 supply of all sorts of grain is indispensable k aublic consumption until the ensuing harvest him the Importation since the Ports have the Agriculturalists have no cause to be they will find it difficult to make out a tree wade in Corn without the interests of nit,' are to be sac' ificed to their estravagam ' Ministers will not Le daunted by the clam r atty from bring' ng forward any meabui e s • • a.: :petted, whit s, but will no. Ir. Mamoru; irder in Coup he importaa ruing for lea! on that =a rpen is u ique: a short su b p 11 i ni stet s the Ur der ii ire might ha est in Englari failed, and to meet r• 'vest. Judgln4 been openei alarmed, An case against )f the comma mt pretension moors d a., e balefiCiAl