Star. — London, England, 1813-08-04 00:00:00

i1f4;t , 41. ikrELLmEket The Lady Emily packet w 0 wrecked 'on the Leng Bar reel, Berin►lda, on the 9t iv June; on her voyage from Jamtica : The crew and Mails were saved, and :ire expected liome by hit Majesty's ship STLPII s vie lialifax. PINIVIOUTH, AUGUST 2. Came in the GRASSHOPPER gun-brig; from Ports = mouth; Spanish schooner Patriot, LAIELL, from Te nerife ; and the Spanish lugger Na Sade Atancaza, from Bilboa. Also arrived several Coasters front Wales. Sailed thb ROVER gun-brig, on a cruize.-- the brig Blossoms, IifICKLEJOHN, from Gibraltar, with wine and brandy, for orders, and the brig Spe culator, Gotu.D, from Villa Nova and Gibraltar, with wine, bound to Guernsey, were this day released froth quarantine; the former arrived on the 13th, and the latter on the 26th ult.—Arrived also; the Portuguese schooner Patricota, Doammo Loamm master, from Oporto, with *a cargo of wine, bound to this Port for orders, seven days passage; a running vessel. PORTSMOUTH, AUGUST s. Arrived the SAIRINA, of 20 guns, Capt M 4 Kertent; uith convoy from Plymooth ; Two friends, Siam from Guernsey ; brig Surth, BLOOMFIELD, from Lon don for Gibraltar ; and the Anderson, ROCHESTER, faom Port Mahon. Sailed the ALPHEA schooner, Lieutenant Jones, with convoy for the Downs. The Tvsuan, of 10 guns, Captain BALDWIN, is appointed convoy to the Downs. His Majesty's sloop HER LS arrived at Pernambuco on the 29th May, with a convoy of fifteen sail from Cork. The SATELLITE had arrived some days previous from Rio Janeiro, from whence she had been sent in quest of several Ameri can privateers, said to be on the coast, but which, if any, eluded her vigilance.—Wind West. DEAL, AUGUST 3. Arrived the FLYING Ftsu schooner from the fleet cif' Flushing. Came down from the River three sail of outward bound and remain. Sailed the POIMEA East Indiaman for Bengal—Wind S. W. A report prevailed this morning on 'Change, that a Flag of Truce had arrived from France, but we could not trace it to any authentic source. Further extracts from the French Papers will be found in another pail of our Paper. Appearances denote a renewal of the campaign, but not in the North. Italy seems to be intended as the theatre of a new war, and the Bavarian army is described as being in motion and in a high state of equipment.— The French Empress is on her wav to join her bus band.—The tlivate accounts from Paris, contrary to the French Journals which lately indicated a General Peace, speculate diffusely on a Continental Peace, un der the impression that Great Britain will not be in cluded in the arrangement ; and in the French capital Colonial produce had in consequence risen 15 per cent. in the interval of a few days. The letters from the French seaports are, however, very sanguine, that a General Peace will be the result of the Congress. I There is still a brisk demand upon the Continent for Colonial produce, as will be seen by the follow ills; letter : " HELIGOLAND, JULY 29. " Twenty-five ships have arrived here from Swe den, and our Market is in consequence more brisk. Coffee and sugar are higher by 10 and 15 per cent." Preparations have been made at Chatham Dock-yard for the reception of his Royal Highness the Duke of CLARENCE, as Admiral of the Fleet, who was expect ed there this day, accompanied by the Russian Am bassador and suite, when it was understood the whole of the Russian Officers were to be presented. Extract of a letter froth the fleet off Toulon, dated June 6 :—" On the 2d of June, a Court-martial was held on board his Majesty's ship OCEAN, off Toulon, Rear-Admiral ISRAEL PELLEW, President, on Lieu tenant JAGO, of that ship, on charges of repeated drunkenness; which being fully proved, he was sen tenced to be dismissed his ship. On the following d.ty, another Court-martiil was hald on board the s Inie ship, on Major For, of the Marines belonging to the OCEAN, on charges of drunkenness and disobe ctience of orders ; which being also fully proved, he •-as likewise dismissed his ship.—On the 3d of June, Is.lut.ounvE joined the fleet off Toulon, having Admiral Sir RICHARD KING on board, from Forts mouth.—During the last week the French fleet have been obierved to venture farther out to sea than they have ever been in the habit of doing before ; but as soon as the English itiet stands in towards them, a few of their ships lie to, until we arrive within gun shot and an half of them, and then crowd all sail into Toulon." When the last accounts left Quebec, letters bad 1-4-en received from :Sir JAMES Yiw, of the Bth June, :axing that he had dispatched the ROYAL Gsonoz and MOIRA. in pursuit of the enemy's boats, retreating . • 7 ith troops after Colonel VINCENT'S affair of the 6th, at Burlington Heights. -One batteau, full of men, bad actually been taken, and hopes were entertained that our ships would come up with the others. Sir JAMES, in his own ship, had cannonaded one of the enemy's camps on shore, at the Forty Mile Creek, and forced them to retire.' Yesterday a free pardon from the Panetz REGENT -.—: received at Newgate for J. Nar h, lately a grocer New i qate.street, who was capitally convicted at a late Old Bailey Sessions of a forgery on the Bank. Yesterda! morning, as some labourers %blue em ployed in dig inp in the ) a d of Mr. Little, in Holy well-lane, Shureditch, a large pile of ashes fell in, and buried th r ee o f t h em , t wo of whom were dug out alive, and one quite dtad ; the former were taken to the Hospital with very little hopes of recovery. Fmr.—Last night, at nine o'clock, a fire broke cut in the premises at Battersea, occupied by Messrs. I:Locs - rum and Co. ss a turpentine and rosin manu factory. In half an hour, before any engine could arrive, the whole was one man of flames ; and the premises, with their contents, were completely de stroyed. The greater part of the property destroyed as insttretl. 't 4 HE ARMY. The embarkation of the Royal Scots for Stralsund, which was to have taken place at Leith on Saturday, was suspended in consequence of the renewal of the Armistice, the Commander of the Forces in North Britain judging it prudent, to wait. for further orders. They are, however, to proceed to their original desti nation—probably in the course o f th e present week. The Radnor, Westmorland, and Nottingham Re giments of Militia, have arrived at Bristol from üblin. Yesterday the 7th regiment of Light Dragoons, now doing the town duty, received their marching orders. They are to march in four divisions ;• the rst division will march tomorrow, the second on Miday, the third on Saturday, and the f o urth o n Monday. It is expected that a very large draught of men will immediately take place from the Foot Guards for foreign service. The greatest bustle prevails at Limerick,the Agents of an English Contractor being busily occupied in collecting oats for Lord WELLINGTON'S army, to be shipped oft from that port. Several vessels have al ready arrived. The Life Guards and Royal Horse Guards are about to take the London duty. The 73d regiment, at New South Wales, is ordered to Ceylon : it will be succeeded by a regiment now at Guernsey, which will proceed for that colony in the ships Windham and General Hewitt. Lieute tenant-Colonel O'CONN!L, of the 73c1, goes with the regiment to Ceylon, bat Major-General M'QUARRY will remain at Sydney as Governor of the colony and dependencies. A General Order has been issued, directing that the troops in Ireland should l)e paid in notes of the Bank of Ireland only, and certificates from the Com manding Officers and Paymasters are required monthly from each regiment. As the friends of Sir THOMAS GRAHAM will natu rally feel anxious from the newspaper report of his being wounded, we are happy in being able to give the following, from the best authority :—On the 25th of June, at the attack of Tolosa; a ball grazed his hip, bt.t which did not prevent him being on horse. back on that and several succeeding days. The only consequence from it, on the 4th of last month, was his requesting a few days rest to get rid of the in flammation occasioned by the contusion. LYCEUM THEATRE.—Last night, after " The Jovial Crew," a new interlude was produced, called gi The Carpenter." The action of this little piece is very short. A young Carpenter is seen enamoured of the daughter of an old Carpenter. The father, accom panied by a Scaramouch, surprises the lovers, pursues the young Carpenter round the stage, and striking at him, lets his cudgel fall on the head of the Scara mouch. The father retires, and the lovers get toge ther again ; the old man re-enters, and the Carpenter is di "bvered concealed in a closet. On falling on his knees, he obtains forgiveness, is permitted to embrace the Scaramouch, and is united to his mistress. A dance then takes place, in honour of their nuptials. This dance « Thu Luncht," is the chief attraction of this in terlude. It is in itself pleasing, and as a representa tion of a Portuguese dance, so prevalent in that coun try, as to he called national ; it may be entitled to much favour, and be viewed by the curious with great interest and delight. A shawl, or rather a handkerchief dance, was very much applauded, and the audience seemed generally delighted with the exertions of Mr. MOREAU (under whose direction "The Carpenter" is produced), Miss LUPINO, Miss DELANCEY, and Miss BRISTOW. FASHIONABLE PARTIES. Yesterday the Prince Regent bad a select party to dinner. Viscount Melbourne gives a grand dinner to-morrow, to a numerous party, at his house in Whitehall. ARRIVALS. The Earl and Countess of Guildford and family, at the Lon don Hotel, Albemarle-street, from their seat in Oxfordshire. T. F. Drake, E.sq. M. P. at ditto, from Brighton. The Earl of Arran, at his house in Dover street, from Bognor Rocks. Lord Castlereagh at his house in St. James's-square, from his seat, North Cray. Lo• d Melville at the Admiralty, from his seat at Wimbledon. lady Melbourne, at her house at Whitehall, from her scat, Brocket Hall. The Right Honourable Chartres Long, at his house, Whitehall, from his seat, Bromley Hill. - • DEPARTURES. Lady Willoughby, to her seat in Lincolnshire. 'l'he- Earl and Countess of Darlington and family, on Monday, to Cheltenham. Mrs Crosby, from her house in Bolton-street, to Brighton. Rev. Mr. Douglas, to the Close, Salisbury. Messrs Burrell, to their father's seat, Lord Gwydir's, in Lin colnshire. Mr. Forrester and his bride, to Little Hampton. Sir Leonard Holmes, Bart. M. P. and Lady Holmes, from Butt's New Hotel, Dover -street, to the Isle of Wight. The Earl of Kinnot.:l, from ditto to Brighton. The hop plantations have improved greatly within the last fortnight, and there arc now hcpcs of an average crop. • Saturday last, a sample of new oats was produced atGanterbury Market, which brought 525. per quarter. Monday, a field of beans, belonging to J. 13a KF.R, Esq. of St. Stephen's, near Canterbury, was begun to be cut. It was sown in January last. CORN-EXCHANGE, MARK-LANE, AUGUST 4. In addition to a very considerable quantity of Wheat left over from Monday's Market, we had a further fresh supply this mor ning; and having but few buyers, the sales were exceedingly heavy, and Monday's prices not obtainable. Having many arri vals of Oats in addition to our previous large supply, has oca sioned a further decline of full one shilling per quarter. Barley is rather dearer, there being but little at market. Peas, Beans, and other articles, remain as on Monday. English. Wheat, Kent and Essex, 115 s. Wheat, American Os. 00. 1355. per quarter. per quarter. Ditto, t'ulfolk, 955. 120$. Ditto, Dantzic 110$. 1355. Ditto, Norfolk, 90s. 100 s. I Ditto, Baltic Red 901. 1008. Rye SO-. 635. Ditto, Hambro' or Barley 6s. 535. Fine 00$. 00s. Bremen, 905..1005. Malt, 84s. 90s. I Ditto, Brabant Red 901. 1001. White Peas, 90s. 955. boilers, Rye, 60$. 658. 110 s. 115 s. j Barley, 465. 50s. Grey, ditto, 745. 761. . Oats, Brew, Small Bean, 745. 781. Oats, Feed, Tick do. 7os. 725. Fine 00s. 001. White Peas, 955. 10511. Oats, Poratoe, 41s. 475. I Grey Ditto, Ns. 82s. . Ditto. Poland, 325. 455. I Small Beaus, Ditto, Feed, 303. 375. I Tlck Beans, Fine Flour, 1054. 1101. per Sack.-American Flour, 70s. to 755. PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK Red. 57j 58-Cons. 5711-for ace. 571 58-13ds. is. Qs. dlr. 4 Per Ct. 73U-5 per Ct. 8711 it -Onmium 6f 7 I Lg. Anna. 14 # 0-16ths-Esch. Bills par R.s. pr. Foreign. LAW INTBLLIGBNCZ. va. COURT OF CHANCERY, AUGUST 4. COUNCIL-ROOM.—Before the Vzcz-CartscaLtoit. JOHN VS V. MAY DW ELLo•—( WASTE. ) Bill filed by a Legatee under the will of a Mr. Waller, who had been tenant for life without im peachment of waste, to carry the will into execution. Reference to the Master to take usual accounts in such cases. The trustees of the estate, ofvvhich the testator had been tenant fot life, preferred a claim before the Master, to be allowed, from the testator's assets, various sums for waste said to hate been corn mitted by the testator in his life-time. The alleged waste was, that the testator had ctit down various trees said to be ornamental, cut down certain under wood, and pulled down a malt-house, a bake-house, two other tenements, and a dog-kennel. The Master reported, that the evidence on the subject was con tradictory, and disallowed the whole claim. To this report an exception was filed, and came on for hear ing before his Honour the Vice-Chancellor. The Vie; CHANCELLOR, in giving judgment, gave an able ea elaborate view of the steps by which Courts of Equity came to interfere, to the extent in which they now do interfere,, in cases of waste. At law, in the case of a tenant for life without im peachment of waste, the remainder-man had no re medy. The object of introducing the words with out impeachment of waste," was to prevent dis putes on that point; and, upon this principle, though it might bear hard upon particular individuals, the law of property, and the ground of proceeding in the Courts, were clear and steady. At a very early period in the seventeenth century, however, the Court of Chancery began to interfere.—A tenant for life of Raby Castle, having conceived a prejudice against his son, took the lead and the tiles from the roof of the Castle, carried away the doors, and committed other violent waste, so that the house was in danger of going to ruin. His son, the remainder man, could have no remedy at law, as the father was tenant for life without impeachment of waste. He applied to the Court of Chancery ; and Lord Chan cellor Cowper thought it right to interfere in a case of this extraordinary nature. The doctrine that a Court of Equity would interfere being once esta blished, other cases arose in which it was thought pro per to extend the remedy. The ground of interkrence, according to the description of Lord Hardwicke, first depnided upon epithets. It was said that the Court would interfere, where the waste was voluntary, mali cious, intended, humoursome, and extravagant. First, it was held, that the mansion-house must not be wasted; then that the avenues which ornamented and sheltered it must not be destroyed ; and then that certain ornamental timber must not be cut down. The inconvenience of breaking in upon the common law principle soon began to appear ; and the uncer tainty of the state of the law gave rise to a long course of litigation, more prejudicial, perhaps, than if the Courts had adhered to the strict rule of the common law. This uncertainty had formed matter of complaint with the greatest Judges—with Lords Hardwicke, Ihni low, and Eldon. How was it to be determined what v. as ornamental, and what not ? One man might consider an avenue as ornamental, another might think the contrary. Some considered trees standing in a line as ornamental, while others ths . s.ight these no ornament at . all, but at the same tin— thought that straggling trees were ornamental. In the vidence before the Master in the present case, it app ared, that one man had declared that the dog-ken rid was ornamental. Who was to decide whethera dog kennel was ornamental or not ? One man might think the dogs and smell of the dog-kennel, very agreeable. Another, of a different taste, might be very happy to get rid of them. With respect to the timber, in the present case, it appeared that the testator had con sulted skilful persons relative to his proceedings, and they had given it in evidence, that the testator had, upon the whole, rather improved than wasted the estate ; though on the other hand, a farmer had given it as his opinion, that certain old trees decayed at the top, were ornamental, or at least must have been planted for ornament. In regard to the buildings, he found no authority for interfering in this case.— The restraining of waste there had been confined to the mansion-house. Though Lord Hardwicke had said that he would restrain the pulling down a farm house, it did not appear he had acted on that opinion : but at any rate, there was no authority for restraining a tenant for life, without impeachment of waste, from pulling down out-houses—such as this dog-kennel,&c. With respect to the timber, the evidence, as had been already stated, was contradictory ; but there was this very important feature in the present case, which was entirely new, viz. that the Trustees, after permitting the tenant for life to go on in his life-time, without applying for an injunction to restrain him, now came forward with a charge for damages against his as sets, before the Master, when the testator was dead. Lord Hardwicke, in a case of a similar description, had refused an account of this nature. The inter ference of the Court of Equity was properly to restrain waste; and the 4ccount came in as incidental to the suit : but it was a different thing whether an account should be allowed, as against the assets, where there had been no injunction to restrain. But what was a Court of Equity to d 3 in this case? The complaint had been, that the interference, if any thing, had gone too far; and here the Court was called upon to go a step farther. it was useless to send the parties to law, because there could be no pretence for damages there ; since at law the testator had a right to com mit waste, and put the produce into his own pocket. No action could be maintained against his executors, either upon the ground of tort, or for money had and received. What, then, was to be done ? If the Court should stop here, it might be argued for the trustees, that the rule of equity was in a most extraordinary situation. If a tenant for life might be restrained in , his life-time from committing further waste, and an account ordered incidentally, to make satisfaction for waste before committed—upon what principle was it that an account could be refused as against his assets after his death ? Here, fortunately, he had not to de termine that question ; for, at all events, such an account must be founded upon a bill filed for that purpose. It could not be permitted to originate before the Master. Upon that ground, therefore, and also upon the ground, in respect of the buildings, that no authority had gone the length of the preterit claim, the exception must be over ruled. 1 THE LifTE MURDER OFE. CLIFFORD. Yesterday the further investigation of the murder of Edward Clifford, perpetrated at the bottom of Grey's Inn-lane, on Sunday, the 25th uk. was pro ceeded in, at the Police Office,. Hatton garden. But befor: we ewer into the evidence that was taken be fore the Magistrates, we hate to correct the state- ' meta given in our Paper of yesterday relative to the confession of James Leary. It was there stated rl►a t; he had made a full and open confession of the der ; that he had informed Mr. Adkins, the Gover nor of Cold Batli,fields Prison, where he had deposi ted the money of which the deceased had been rubbed, and of other particulars. The follow irg is of a very different description : he therein accuses the unfortunate widow of the deceased of having committed the horrid deed, and says that he was only a witness of the barbarous act : JAMES LEARY'S CONFESSION. " August 1. a On Sunday morning, between three and four o'clock, Edward Clifford came to my lodgings, and called me up. I got up, and opened the door, and asked him what business he had nut so early in the morning ? He told me he did not go home—that he did not want to go in sight of his wife—but wanted to get away on the Sunday night if he could. Sa) s he—' I shall lay myself down here and sleep a little;' I then laid three chai►s together, and put some wrap , pets on them : he the:► Lid himself down, and I put my great coat over bi). lie shpt there for two or three hours, and then got up, and asked me if I would go with him to her house, to get his clothes which she had got locked up, and to request her to give_ him them. I did not go with him. He theft _ went away himself, I believe between eight and nine o'clock. A little while after he was gone, his wife, accompanied by William Slattery, came to out house to enquire after him, and them they stopped talk►ng till he came back, which was, I think, between n►ne and ten. When Clifford came up stairs, WiUiaat Slattery was sitting opposite the door, and his wife went behind it ; he did not see her t►ll she took hold of him, pulled him in, and shut the door : she locked the door, and said that he should not leave her. They ' quarrelled together, and he said it was of no use, as he would go back to Ireland. He then offered her a silk handkerchief, which he said he gave 9s. t o r, if she would let him have his great coat : she would neither have it, nor give him his great coat. He then opened the window, and was going to throw himself out, but she caught hold of him, and held him fast till the window was pulled down. After his wishing the door to be opened, my wife opened it, and he WAS going down stairs, Clifr:rd's wife snatched at his hat, and pulled it off his head ; he then went away. She said she was determined to go after him, and asked if we would buy what things she had to sell Between five and six o'clock in the afternoon, I and my wife' went to their lodgings, with an intention of buying the beds and other things they had to sell. Cliff ,, rd, his wife, and children, and Slattery, were there at the time we went in they were getting their dinner ready, and she asked Slattery to fetch half a gallon of beer, for which she gave him the money bet re he went out ; and, as he was going out, I said I thought he had better bring a gallon, and I would pay him for the .other half gallon. We all dined togetht r, ex cept Clifford, who drank with us. They seemed to agree with each other, and we did not say a word about buying the beds, &c. All the time we were in the room, Cliff ,rd kept by the dour, holding a shoe maker's hammer in his hand. ig When I and my wife agreed about returning home, he went down stairs before us ; I met some acquaintance, and they asked me to go with them : I said no. Then my wife and I went down, and I met some friend; (Michael Harrington and his wife) ; we talked together a little, and we agreed to go to Griffiths's public-house, which is in Church-street. We had four or five pots of beer together; Clifford came in tfter us, and partook of the beer ; my wife was nearly tipsy, and she wanted to go home. We then went, and Clifford said he wbuld convey us part of the way. As he was coming along, he complained that he was hungry, and was sorry he did not eat some at dinner. l svid to him, if you come along home with me, I will give you something to eat. Accordingly he did, and he had slim bread, mear, and cabbage: as near as I can judge it was about nine o'clock. %V . :len he had done eating, his wife came in, and they began quarrelling again directly. ,Then Ciiffird, his wife, and I, went out, and called at a gin-shop, tin, corner of Union -court, and had two glassesof gin; I had one, Clifford had one, shehad none. We then went to the Union Arms, Union -court, and had a pot of beer. I sat between them, and acciden tally hit my left elbow against her, and felt signething hard like a piece of stick ; I took no notice of it. We went out then into Holborn, and came up towards St. Giles's : as we came near Gray's-inn-lace, she complained of being ill ; that she did ILA with to go against all the people up Holborn, as they would be pushing against her, and she requested Clifford to come another way, as they would hair a better op. • portunity of going through the squares home. We came to Gray's-inn -gate, when I think the watchman . was crying ten o'clock, where I thought they were going through ; and I said, It h almost time for me to be going home, and I wish you a rod night, Mary.'--• No,' says she, am very ill, and lor GOD'S sake come along with us a little farther, for if I am taken Worse, this man will be of no use to me, as he knows nothing.' I went along with them, and she turned down into the brick-fields in Gray's-inn-lane ; and as we were going through the field, they began • to quarrel again; and he said he should be gone in the night—that he would not stop by any means. In ' about five minutes afterwards, she slipped her cloak off her head, and took the hammer from her side, and struck him on the head : he fell immediately, and began to bleed directly ; and, when down, she struck him two or three times, and said, Hah 1 in my sight.' Then I moved a little nearer, and looked at him, and saw the blood flowing from him. I said, Now, Mary, lam hung as well as you.' She did not speak to me afterwards. I lett her with the de. ceased, and I walked away, right across.the field, and made my way home as well as I could—l think about eleven o'clock : my wife was fast asleep in bed, and I undressed and got into bed. About three o'clock in the gorning, Mary Clifford came up to our door, and asked, g Are you at home, Mr. Leary r I got up and opened the door : being stark naked, I get into bed directly. She did not come into the