Star. — London, England, 1813-07-17 00:00:00

eri ff'•combAtte, 1 / 4 4 6 tatArplitittott the enem, to, pr ye the connection. . Mr. BROUOHAbi apprehended as tin matter wat to be subthitted to farther argument, this course wouldrot be allowed. Had he supposed his Learned Friend had not finished his case he Would have gone to the jury. Lord ELLENBOItOI.7OII said, he did not think it would he correct to fiermit any other evidence to be adduced. Tile plaintiff was then 14on-suited ; and it was un derstood that the point should come on for argu ment, upon a motion to be made hereafter, to set aside the Nein-suit. LADY PERCEVAL. THE KING V. MITIORIL A bill of indictment having been found against the defendant, for an alledged, charge of perjury, in affi davits which he swore respecting i a motion recently made is the Court of King's relative to a matter of Libel, Mr. Pooczy, for the prosecution, moved, that the usual process of the Court should issue against the said Mr. Mitford, and that the said defendant should give 48 hours notice of ball.—The Court granted the motion. CONSISTORY COURT, JULY 16. WARING V. WARING. This was a cause of divorce, or separation, pro moted by Mary Ann Waring, the wife, against James Waring, Esq. her husband, by reason of cruelty and adultery. It appeared from the libel, and other pro ceedings exhibited, that the marriage took place be tween the parties, on the 25th Oct. 1800, at the Parish Church of St. Bartholomew, near the Exchange, with the consent of the tether, the wife being at the time under the age of 21 ; that the parties cohabited toge ther in Coram-street, till the 23d Jan. 1811, during which period there was the hrth of five children, four of which are still living, when Mrs. Waring quitted her husband's house, and went to live with her father; that soon after the marriage Mr. Waring began to treat his wife with great cruelty, swearing at her at dinner time, and would often take the things off the table and throw them under the grate, and also restrained her from seeing her father without his knowledge. That on the night of the 6th April, 1808, without any pro vocation, Mr. W. put himself into a great passion, swore that she should go out of the house, beat her head against the marble of thechimney-piece, where. by the teeth of the comb in her hair were forced into her bead, which caused it to bleed very much, and that the wounds continued sore for a considerable time afterwards. That on their going down to Sand gaze he took his female servant, Ann Powell, into the carriage with him (with whom adultery is alledged to have been committed), and refused his wife ad. rrisiinn ; and that while at Sandgate he treated his vote with great cruelty. That on their return from sandgate to Coram-sweet, Mr. W. continued ill treat ing his wife ; and that on her miscarriage in 1810, he compelled her to get up, having company to din ner, in consequence of which she became extremely , That in January, 1811, he put himself into a violent passion with his wife, dragged her by the arm, threw her over the back of a chair, and afterwards pushed her into a back parlour, and locked her therein. That on the following morning she made her escape to her father's house, where she has continued to re side ever since. The defence set up was a general denial of theists of amity on the part of Mr. Waring ; and further ' stated them to have been occasioned by her resist ance to his attempts to restrain her violence, when any thing occurred to rouse her naturally irritable disposition. Sir Wet. Scotn was of opinion that this defence was satisfactorily made out ; and that the provoca tion, in all the contests, was given by Mrs. Waring, and the undue violence used priacipally by her, the husband acting for the most part on the defensive.— He therefore dismissed the prayer for a divorce. NEIL V. NEIL. This was a suit for a divorce promoted by Mary Ann Neil, against her husband, Felix Neil, of Prince's -street, Hanover-square, by reason of cruelty' and adultery. It appeared that the parties were married in June 1799, and had three children. The ill treatment cum. plained of commenced in the year 1805, and consist ed of his depriving her of the management of the house and giving it to servants, denying her food, and encouraging them to insult her; frequently swearing at her in the grossest and most opprobrious language, and beating and otherwise ill-using her.— Various acts of adultery, with different servants in his house, were likewise spoken to by the witnesses. No defence was offered, and Sir WM. SCOTT, after recapitulating the evidence, observed, it fully established a case of the most ag gravated cruelty and abandoned profligacy against the husband, and he therefore v.-onounced for the remedy which the wife prayed, with an allotment (after having heard further evidence as to the hus band's property) of £e2oo per annum to the wife for permanent alimony. COURT OF KING'S ),INCH, DUBLIN, JULY 2. Mr. O'CONNELL moved for a Rule to shew cause why a Criminal Liformation should not be filed against Rebete Neeilk, Esq. a Magistrate for the County of Monaghan, and Captain of the Clones Corps of Yeomanry i—This motion was founded on ewe affidavits, stating the circumstances of a most foul and unnatural murder, committed on a young man of the name of Patrick M'Mahon, and it was made on behalf of his wretched surviving father.— The affidavits stated the murder to have been perpe trated on the 27th of May, at Clones, by two yeo men of Mr. Neville's corps, as principals, aided by many otherl. The unoffending young man was stabbed in the back with a bayonet, by one of Mr. Neville's yeomen, named Rooney ; and when he fell to rise no more, a second yeoman, Elliott, struck him repeatedly on the face and on the head until he expired h He was totally unarmed—had not even the usual appendage to the dress of an Irish peasant, a stick. He had given no other offence than that Which ought to be none, his religion : he was a Ca tholic—his murderers were Orangemen. And this inhuman and wanton cruelty was committed in the open day, in the public street, and within a few perches of Mr. Neville's door. It might have been expected that a man in Mr. Neville's class of life 'would have a horror at the shedding of innocent blood-that be would have used some exertions to bring those atrocious criminals to justice ; but no—it f • was MOM that be himself belonged to tfiranocia ..ion of which the murderers naturally enough were meribers. It was sworn that his corps was consti tuted of members of that association ' whilst an en-' larged policy would have furnished three times ,the number of loyal yeomen in that vicinity. It was sworn that the murderers were at large, glorying probably in their crime—certainly intending to re peat it upon some other innotent and. unarmed vic tim. It was sworn, that immediately after the mur der, an application Was made by the near friends of the deceased, at Mr. Neville': house, to have infor mation taken, but no admittance could be procured. An hour afterwards, a second application was made, but admittance was again denied. During all this period, it was sworn that the murderers might have easily been taken, if Mr. Neville had condescended to admit the witnesses, and granted his warrant; and when at length he took information, he did issue a warrant, but not for a capital felony—merely for a misdemeanour. Upon the next morning it was dis covered where the assassins lay ; and as there was a party of the Leitrim Militia and an officer of that re giment in the town (a party which had conducted it self with the greatest propriety) Mr. Neville was ap plied to for an order to warrant the officer of the Leitrim to send a party to arrest the murderers. It was sworn that their arrest cduld not be effectuated without a party of the army, as the assassins were armed, and prepared to resist—and the friends of the deceased were all unprovided with arms. Mr. Ne ville was applied to for this warrant, but he posi tively, peremptorily, and contumaciously refused.— The consequence of this neglect was, that the offen ders have escaped. They might have been arrested the day of the murder, if Mr. Neville had done his duty—they could have been arrested the next day, if Mr. Neville had done his duty ; but he refused, and the murderers remained at large, nay, they continued out in arms—they continued bearing the arms of his Majesty, with which they had been entrusted for the protection of the'peace. From the day of the mur der to the present, Mr. Neville had never called in their arms, er deprived them of the means of protec tion against the laws; and thus it appeared that in demnity and protection were held out to assassins and murderers—insolence and murder to the wretched peasantry of that country. The Court without hesitation granted the Rule. THE EVENING STAR. LONDON. SATURDAY, JULY 17, 1813. PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK. Red. 55{ 57—Cons. 56k —for ace. Sq—Hoods 3a. pr. 4 per Cc. 72/-5 per Ct. 86if —Omnsunt SIM pr. Bank 14. Anna. 14 3-16des i—Ezeis. Bills Ss. 28. Corunpa Papers to the 7th July arrived this morn. ins, brought by a sloop of war to Falmouth. They bring no intelligence from heart-quarters later than the 25th, and if we are to believe their statements, the loss of the French at the battle of Vittoria was 5000 killed, 7000 wounded, and 7000 prisopers were taken on the field of battle. Subsequently the num. ber of the latter is said to have exceeded 15,000- The affair of Tarragona was known at Corunna, and it was added that the expedition had prcceeded up the Mediterranean to Barcelona, there to make ano ther diversion. The Corunna Papers state, that in the interval from the 24th, (the date of the last dispatches from the head-quarters of the Allied Army,) the siege of Pamplona had been prosecuted with vigour and con siderable effect; that Lord Wautaoron was march ing towards France, on the road leading to the Pass across the Pyrennees, to Bayonne ; and that the deli. verance of the Peninsula from the tyranny of France, was an event looked forward to with much confi dence before the.close of the present campaign. a. MADRID, JUNE 26. ge In consecoence of the glorious victory of the 21st, this city has been illuminated for three nights. Te Thum was daunted in Santa Maria Chu•rch." " BURGOS, JUNZ 97. / 4 In addition to the intelligence relative to the late victory, we know that the enemy had 5000 men killed in the field of battle, and 7000 prisoners. The num • ber of the latter, there is reason for believing, exceeds 13,000 men—the pieces of artillery taken amount to 151, 41 carriages, 41,000,000 of reals coming from France for the payment of the array, 300 ammunition chests, with 3,000,000 of cartridges, fell into our power. Pamplona is besieged, and Lord Wellington marching towards France. al The Gallician army is to be in Inns to-day." " CORUNNA, JULY 4. Besides the intelligence we communicated yester day, which arrived from Castille, we have since been told the following as certain: On the 25th June, General Graham was in Tolosa, and General Giron, with his army, more to the left towards Irun. The remains of the French army, which endeavoured to escape by Brun, retroceded to the right, believing it impossible to march that way." _ _ _ 64 JULY s.—The appearance of the Peninsula of fers the most favourable aspect to the cause of Eu rope. Lord Wellington's head-quarters were on the 25th at Yruzzen, four leagues from Pamplona. 66 A corps under General Graham was in pursuit of the French, who took the direction of Irun. On the same day, the .brilliant army of reserve, under Conde de Bisbal, marched through Burgos. “ We are assured that Joseph has with him 20,000 men, and that Lord Wellington is pursuing him in such a manner through Navarre, that his destruction is inevitable. Troops of the three nations are march ing to Arragon in search of Suchet, who, it is sup posed, would retire there. The castle of Pancorvo has a Frencllgarrison of 800 men. " JULY 6.—The Mail from Castile bas just wind. the only news it brings is, that the combined army, i which had disembarked at Tarragona, has again embarked, 'with an intention of effecting a landing higher up the Mediterranean, and taking Barcelona and the other French garrisons in the rear. Suchet is said to have advanced to Tarragona, with twenty roar thousand men." ••=.=••• Notwithstanding the statements in the Corunna Papers, we have reason to believe that the accounts received by Government do not make the dumber of prisoners taken at the battle of Vittoria to amount to nearly so many as stated by the Spaniards. Though the brilliant ♦ictory of the 21st renders all previous details comparatively tutinteresting, we are persuaded that many of our Readers will be gratified by the following extract of a letter from an Artillery Officer, written the day before that splen did battle : a BURGOS, JUNE to. The affair in this neighbourhood was a ♦ery fine one : the enemy had taken possession of a strong po sition, but on the approach of two of our divisions, the 2d and light, they one and all, upwards of 10,000, took to their heels and ran most manfully for full ten miles : at length they got jumbled together, cavalry, infantry, and artillery—horses and guns running over each other. When our Hussars came up, they had in some measure disentangled themselves; we made some prisoners, and killed about 100 of them in their flight. They ran into Burgos, spread termr and dismay there and in the army of Joseph, who took up a strong position in the rear of Burgos on the great road to the Ebro. 41 A consultation of the Generals was afterwards held, and, to our great surprise; on the following morning they blew up the castle, with an intention of' destroying it, and all the strong works which they had been constructing with so much labour and expense since our unsuccessfUl siege, and distressing retreat in November last. Their Engineers were very preci pitate and most inscientific ; for, on blowing up the old castle they destroyed nothing but it, leaving the strong field and out-works so uninjured, that we can very speedily, and at no expense, complete them. It is said, that Sir RICHARD Fixrcnait has already com menced this work. The blowing-np was so hastily and badly done, that they buried, it is said, 2 or say of their men in the ruins. This business has been a matter of congratulation to the whole Army : Burgos, it is understood, cost Lord Wieu.marox last year 5000 men; and, so much strengthened as it had been, he must at least have lost as many this year, if they had persevered in defending it. 46 As you will observe, by comparing the Marquis's dispatches with the map, Ids movements from the opening of the campaign have been most masterly ; and though the enemy was prepared for our advance, the movements have constantly taken them by sur- prise, and put all their calculations at' defiance.— When his Lordship advanced by the great road and attacked them at Burgos, they little expected that another army was at the same moment crossing the Douro turning their right. When we again had crossed the Ebro, and had again turned their right, they remained in a position on the other side of the river, expecting us on the great road to Miranda ; their precipitate retreat along the bridge there, and at Trias, spewed how much we had surprised them, aid put them into consternation. " When our officers went into Burgos Castle in the morning, they found the wheelbarrows and all the working tools which the men had been using the night before. Since the 18th it has been a complete chace of the French—on that day our light division fal in with a strong division of them accidentally. Baron Alten immediately put himself at the head, and attacked the centre of their line, breaking and separating it. The rifle cows captured nearly the whole of the baggage of the division, and besides SO thousand dollars, have got pictures, plate and valua bles, of which the French had plundered the country. 44 The German Hussars and 14th Light Dragoons hung on their rear and harassed them much, taking the whole of their Doctors and several Officers, who are loaded with plunder. 64 The Earl of March had a very narrow escape : in pursuing with the Hussars, he got among the rear of the enemy ; an Officer attacked him, and levelled a tremendous blow with his sabre ; he avoided it, by dexterously throwing himself back on the saddle; it fell on the horse's neck, and cut him severely : an English Dragoon, in the mean time, cut down the Frenchman. “ The Prince of Orange, in the pursuit, had like wise an escape. A French dragoon fired his piece, but fortunately missed bis Highness. The French man was instantly dispatched. The escape delighted every one, for this gallant Prince is the idol of the army. He is quite an Englishman in his manners, and by his gallantry and amiable temper, has en deared himself to the soldiery. 4 $ The French have now about 50,000 men con centrated at Vittoria; and Marshal Suchet, with the army of Catalonia, as well as that of Arragon, is advancing by rapid strides to join them. It is pro bable that the French will endeavour to retreat by Navarre, in hopes of meeting Suchet. It is said that Sir John Murray has embarked at Alicant with his army, to land them so as to join Lord Wellington, which will make the force under the Marquis consi. durably more than 100,000 men.". THE ARMY. We yesterday noticed an Erp-clition being in con cemplation against the South Coast of France; and .ve believe the 76th, 84th, and 85th regiments, will compose part of it. We have not learnt the name of the Military Commander. The 4000 infantry and 1200 cavalry, to which we yesterday alluded as being under orders for the Pe ninsula, consist totally of detachments and remounts, the 7th Hussars being in additi m. The 85th regiment, at present at Hythe, is to be em. barked at Dover on Monday next; their destination it St. Andero, whither all the supplies for the British army in the Peninsula will in future be directed, and this is in unison with the masterly conceived plan of the gallant Marquis, who, at the commencement of the campaign destined the northern provinces of Spain as a better and stronger point d'appui, than Portugal, for his operations, the roads being excellent and iron. bound on either side by inaccessible mountains; and to this may be attributed, without detracting from the ' merits of our brave soldiers, the capture of so much of the French artillery at the victory of Vittoria. c l NA VA I, INTELL GENCE. FALMOUTH. 1 LT 14. Arrived a man of w a r sc h net.. r.ame unknown. The Express packet for Jamaica has gone into the Roads.—Wind North, fresh breezes. HARWICH, JULY ie. Sailed the Lord Duncan picker, with a mail and passengerii for Gottenburgh. WEYMOUIti, JULY Is. His Majesty's ships ALBION and PRIMROSE, with their convoy for British America, put back to Pat• land Roads this day. PORTSMOUTH. JULY 16. Arrived his Majesty's ships BEAGLE and Mismrros, from a eruize.—Sailed the ALPHEA schooner, of 10 guns, Lieutenant M4DoNaLD, with convoy for Guern. sey.—Went out of harbour, the HotATtn, 38, Capt. i Lord Gicoaoe STEWART. The new frigate called the Twain, which was launched from Messrs. Lwr's Yard, Fish House, Isle of Wight, on Wednesday, came into harbnur yesterday evening, and will be fitted immediately. YARMOUTH, JULY 16. Arrived the TICKLER cutter, from off thelScheldt. DIAL JULY Ig. Arrived his Majesty': ships ARCHER, CORDCLIA. FLYING Fisu, and DWARF, from separate cruizes.— Came down from the River the Winstead. for Botany Bay. The outward bound are detained by contrary winds.—Wind N.W. We me happy to state that the Duke of CLAIM= was yesterday well enough to ride out on horseback. I: YOU/M.—The revived Opera of the Jovial Grew, was repeated last night, amid the liveliest demon strations of jollity and satisfaction from all parts of the House. The Haymarket Theatre, that ancient favourite place of amusement, is about to be opened by Mr. MORRIS, who has already engag_ ed Mrs. JORDAN , Mr. MURDER, Mr. MATHEWS, and MT:JOHNSTON& According to the usual progress of events, or as the 'French say, the force of things, the usurpations Of BONAPARTE have raised a powerful Confederacy against-him :he has been reduced ta the necessity'of recalling, like Louts XIV, his troops from Spain foe the war in Germany ; and, while weak or timid States are dubious what party to join, or mister to obey, he has obtained an Armistice, which has been prolonged, and most probably will beprolonged from time to time. On this situation of affairs it may be obserbed, that the /Imam rants, the main spring of his Ark, his con T quering boldness and audacity, and his military suc cess is relaxed, weakened, and broken. This cannot be revived. A spirit of this kind in an individual, a body, a nation of men, may be formed by circum stances, but not restored. A spirit of negociation has succeeded. But negociation implies some basis of justice, such justice as is found among political powers, lame rights, or pretensions of prescription, or mutual conveniency, or safety. This spirit must grow and take deeper root in the breathing time of a truce in the minds of the contending parties, and in none more than the French nation, , which even B3* naparte must pay a degree of respect and homage. --If we attentively examine history, we shall find that when the spirit of war has once relaxed into an armistice, a truce, a conference, and negociation, a pacification generally, and almost uniformly follows. Hostile preparations continued and increased, are usually the preludes not to another and a hotter con flict in arms, but to a treaty of peace. This morning, between five and six o'clock, as the Exeter coach was in the act of turning into St. James's Square, a young woman fell from the roof, and was killed on the spot. For some time past, a most diabolical conspiracy has been formed on board the Sampson prison-ship, at Gillingham Reach, by three French prisoners, to murder the Master's Mate, and the Serjeant of Ma rines, belonging to the ship, together with seven of their own countrymen. The murders were to haws been perpetrated on each victim singly, as opportu nities presented ; when the escape of the murderer by mixing instantly with the great body of the prisoners, was to be facilitated by the other conspirators, and lots were drawn who should commit the first murdet. The first lot fell to Charles Mausereaux, but this man being troubled by some—" compunctious visitings of conscience," on reflecting that the Serjeant was a married man, with a family, who would be left des titute by his death, determined to dispatch one of the private marines in his stead. On Tuesday se'nnight, whilst this wretch was watching for an opportunity to effect his purpose, Thomas King, a private m /rine, came on the forecastle, when Mausereaux stepped be. hind him and plunged a knife into his back, whi:h passed through the kidneys, end infected a dreadful wound, of which the poor fellow lingered till Sunday morning, when he expired. Mausereaux wasobserved by a fellow-prisoner, who instantly knocked him down, and secured him, or he would probably have escaped without being detected. Mausereauz, on being confined, made a discovery of the whole plan, and named his associates, both of whom were slim ding by at the time of the murder. The three priges nets underwent an examination on Monday, and haws been remanded for a further bearing, till the Csro. no's Jury have resumed their verdict.