Star. — London, England, 1820-02-23 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, FEBRUARY H. The LORD CHANCELLOR did not at all come ;nut Court, having been engaged all the day in his private room with hearing a Lunatic Petition. He went off at two o'clock. The Court was adjourned till Thursday, as his Lordship will preside at the hearing of Appeals in the House of Lords to-morrow. COURT OF KING'S BENCH, FEBRUARY 22. DONALDSON V. STODDART, LL.D. AND ANOTHER. This was an action against the defendants, as pro prietors of the New Times newspaper, for publishing a libel of and concerning the plaintiff. The alleged libel purported to be an account of the examination of the plaintiff before Mr. Conant, the Magistrate, at the Bow-street Police-office, on a charge of em bezzling money of his master, Mr. Woodhead, a dis tiller in Drury-lane, by whom he was employed as collecting clerk ; and stating, amongst other things, that the plairftiff had been dismissed from his mas ter's service in the month of March preceding, for misconduct ; and concluding with a statement, that the plaintiff had been committed for trial. The de fendants pleaded, first, the general issue, Not Guilty; and second, a justification to the whole of the alleged libel, except that part which stated that the plaintiff had been committed for trial, which was admitted, in point of fact, not to be true, but published through mistake. The usual prima facie case, on the part of the plaintiff, being proved, a great body of evidence was adduced on behalf of the defendants, in support of the justification, shew•ing that the alleged libel was substantially correct in at the statements, with the ex ception that the plaintiff had been committed for trial. The LORD Cuter-JUSTICE reprehended severely the practice of giving accounts of proceedings before Magistrates before conviction, as being most inju rious to individuals, and as what he should, by all means, endeavour to check. He then summed up the evidence, and left the case to the Jury. The Jlry returned a ♦erdict for the plaintiff— Damages £5O. 01.0 BAILEY SESSIONS, FEBRUARY 21. J. Smith was indicted for uttering a forged £lO Bar k-note.—G uilty—Death. C. Harris was indicted for uttering a forged £5 note to Mr. Almorer, grocer ; and to Mr. Gray, a groder also, another forged £5 note.—Guilty—Death. J. Griffiies and W. Jennings were indicted for ut tering two forged El notes.—Guilty—Dcath. FEBRUARY 22.--Mary Randall was convicted of uttering a forged £1 note to a Mr. Minto, a fish monget, living in West-Smithfield. Elizabeth Ann Harwood was also convicted of ut tering a forged £1 note under similar circumstances. George Field was indicted for obtaining money under false pretences, by pretending to be an attor ney, to Mr. Thomas Challens. The prosecutor is a publican, keeping the Star in the Old Bailey, and the prisoner had applied for business as an attorney.— The prosecutor gave him some, and by these means be obtained the sum of £2 15s. The facts of the case were dearly proved, and the Jury returned a • *verdict—Guilty. The COMMON SERJEANT then told him, that he had been once before convicted of this offence, and had received corporal punishment. The sentence of the Court now would be transportation for seven years. The following important trial came on yesterday evening, and occupied the attention of a crowded Court nearly six hours: Thomas Want and Samuel Buckley, two persons of Most respectable appearance, were indicted for a conspiracy. The first count of the indictment charged them with conspiring together to make Richard Tandy and George Dutton intoxicated ; and in other counts charged them with conspiring to cheat them of their money. The following is a brief account of the transaction: The prosecutors, Mr. George Dutton and Mr. Richard Tandy, are very respectable tradesmen in Bishopsgate-street ; and the prisoner, Want, keeps the Salutation Coffee-house and Tavern, in Newgate street. In May last, the two prosecutors called at the house of Mr. Want, and, after taking some re freshment, Mr. Dutton was induced by the prisoner, Buckley, to play at dice ; this was at. twelve o'clock at night, when all the company had retired. Mr. Dutton, who was rather in liquor, consented to play, and they began playing for a one pound note each game, till at length they doubled stakes, and Mr. Dutton lost thirty-nine pounds, without even win - - ring one game. Ile now left off, being very much intoxicated, when the two prisoners applied to Mr. Tandy to have a game ; Mr. Tandy answered, he never played at dice, and that he hadonly a £5OO note about him. He, however, at length consented to play, and laid the £5OO note on the table. Want was appointed umpire. Mr. Tandy commenced by playing for £lo, which they kept doubling on, till he had. lost £do, when both the prisoners proposed he should play " double or quits ;" this the prose cutor consented to, and instantly lost the £l6O. During this time liquor had been plentifully given to the prosecutor dry the prisoners, who told him to drink free, and never mind the cost. On losing the £l6O, he expressed his suspicion to the prisoners that there was some roguishness, as he had not won one game. They replied, by telling him .to lose the whole £5OO, or win the other back, as he had begun. He was again prevailed upon to play for £lO more, which, for the first time, he won ; but soon after. wards his losses increased to £2OO, and he then left off. When the prosecutor lost the first £4O, the £5OO rote, which had been lying on the table, Buckley gave, to Want, telling him to hold it. Mr. Want now went out to get change of the £5OO note, and the prosecutor followed him to. the Bruton Arms, in Newgate-market, but the landlord there could not give change. He followed Want out, but missed him, and returned to *Buckley, who told him not to be alarmed, as Mr. Want would soon be back. This was at four o'clock in the morning. In about two hours afterwards, Mr. Want did come back, and. gave him £3OO, keeping-the £'..00 which he had lost. Mr. Tandy, on his cross-examination, stated, that he thought the whole of the gambling was a joke, and he should have his money returned; he was induced to think so from the respectability of the house. The reason the trial had not before corhe on, was, that in the first indictment there was an error, and also thl Le (the prosecutOr) had been iii Scotland. Mr. ALLEY, for the defence, made a very able speech, of considerable length. The COMMON SARJEANT summed up the evidence, with great perspicuity ; and the Jiiry, after retiring for an hour, pronounced both the prisonert—Net Guilty.—One of the Jurymen, however, observod that the Jury thought the conduct of the two prisoners highly culpable. The C 036101•1 SERJEANT,, in reply, cndered.that the Aldermen of the Ward in which:the prisoner Want lived, and also the Common Council, to be in formed of-the circumstance. It was nearly 12 o'clock .when the Court adjourned. HIGH COURT OF JUSTICIARY, EDINBURGH. Friday, at one o'clock, the Court met to deliver their opinions on the objection's taken on Monday by the Counsel for Gilbert 11PLeod.--[See STAR of Monday.j—The prisoner being brought to the Bar, The LORD JUSTICE CLERK asked •if his Coqesel had anything particular to- state .before the Court proceeded to the business for which it bad met? Mr. J. P. GRANT Said,. there had been two objec dons taken, namely, to the instance, and to the execu tion ; and went into an argument of some length to prove that they were valid objections. He allowed that it was a principle in the law of this country that the King never dies ; but contended that every man date of a deceased Monarch, like the mandate of any other individual, perishes with his . . death. The Learned Counsel dwelt strongly upon the principle of the law of England, in support of his argument, and contended that the common law of Scotland was the same as that of England. The LORD ADVOCATE said, the Counsel for the prosecution were ready, if the Court thought it ne cessary, - to rebut all the arguments of the Counsel for the prisoner; but the Can't declined troubling his Lordship. Lord HERIIAND said, the Counsel for the prisoner • had contended, that the common law of Scotland must be the same with the common law of England —Gun forbid !—The Scotch lived very happily un der their old law, and he would resist all innovations upon it. He did not know the common law of Eng land, but he knew that that of Scotland was founded on reason and common sense—which never die ! His Lordship was of opinion- that the objections were groundless The objections to the execution rested upon a presumption But if it was presumed on the one side that the execution was not served in the reign of his preent Majesty, it might on the other be presumed, that. it was done in that of his prede cessor, since the last day of one King's -reign must necessarily beheld as the first day of the reign of his successor. The, demise took place at a late hour in the evening of the 29th of January, the date of the execution of the Indictment ; and the presumption fairly was, that the execution took place before that hour. This fact, therefore, would come to be proved before the law could be applied; but his. Lordship was clearly of opii•ion, that the law in this case, as laid down by the Learned Counsel for the prisoner, was erroneous ; and quoted from Blackstone and other authorities in support of the principle that the . King never dies ; and that a prosecution commenced in the reign of one King may be lawfully carried on in that of his successor. Lords GILLIES, PITMILLY, and SUCCOTH entirely concurred in opinion with Lord HERMAND. Lord MEADowsmix had always conceived that there was not a shadow of doubt regarding the lee lity of•the service of the indictment. The execution would have been legal had it been done at any time previous to the Proclamation of his present Majesty. There was no legal evidence or the demise of the King except the Proclamation of his successor ; and therefore every act was legal which was done in name of the deceased King until this legal Procla mation was made of the accession of his heir. How could the lavy contended for by the prisoner's Counsel, be applied in the numerous distant portions of this empire ? If it were held that prosecutions in name of the King were null and void the moment of his death, there would then, on every such occasion, be a blank in the administration of justice. In Edin burgh there would be a blank of three days—in Orkney of ten days—and in the East Indies of three mouths. It was impossible to entertain so prepos terous a doctrine. • The LORD JUSTICE CLERK said, he was satisfied that the Court had done right in Liking time to con sider this question; And their opinions must appear to the country to have more weight in being formed after deliberation. He perfectly agreed with the opinions given by their Lordships. The Court would not do their duty to the country, if in this case they did not repel the objections. An interlocutor repelling the objections was therefore recorded. The LORD JUSTICE CLERK then asked Gilbert M•Leod to plead to the indictment, Guilty or Not Guilty. M , Leod pleaded Not Guilty, and the trial was appointed to take place on Monday next, at 10 o'clock. COMMON PLEAS, DUBLIN, FEBRUARY 17. SLANDER. GEORGE LOST:WOOD AND ANNE HIS WIFE, PLAINTIFFS; WALTER DOOLIN, DEFENDANT. . This was an action of slander, for calling the plaintiff, Mrs. Lockwood, a thief , and saying she stole a tippet, and other articles. The damages were laid at f 1,000.- The plaintiff, Mr. Lockwood, was a Lieutenant in the• Tipperary Militia, and the defendant a carpenter and •builder, living in Marlborough-street. The plaintiffs lodged in the house of the defendant; and the parties were on very bad terms. After a very long trial, the Jury returned a verdict of £2O. COMMISSION INTELLIGENCE, DUBLIN, FEB. 19. On Thursday, Barons GEORGE and M'CLELLAND sat at ten o'clock, pursuant to adjournment. George Howard was found guilty of aiding and abetting Thomas Wade in his escape from Newgate. To be transported for seven years. The eleven men for the burglary and robbery at Swords, after a feeling address from Baron M'CLEL LAND, were sentenced to be hanged at the front of KilmaiUham Jail. .The day not.appointed. Friday morni ng,Johnson.Saaton, Healey, Bar!ford, Jones, and Wi lde, attended at "Ile New Bailey Court House, Manchester, and fout in *their bail for the trial of the indictmetii against Huns and them at the York Assizes. They . .were .accompanied by Mims - house, but he did not give bail there. POLICE. . - - • telltrlON IFIODSTHESAiMION rtstrentas.—;-yet- S Mi.-Bell and Mr, Waugh, two respectable Agents for the Salmon Fisheries, waited upon the LORD MAYOR with a Tequest, that his Lordship would assist in removing an impression whiCh had been made on the public mind, by an article which ap peared in the Newspapers, upon the subject of the practice of selling kepper and shedder salmon. The public statement to which they alludgil was, they were fully aware, most necessary, as it called into action the power of the law in preventing the de struction of salmon brood, and there now existed the most undeniable evidence of the good effect of Ithe representation ; for not a single pound of un wholesome or unseasonable salmon was to be found ire the markets of London. There was, however, one misfortune attending the publication of what had occurred, which, if the same powerful engine , did not interpose to remedy, would be very generally and severely felt. The Public had supposed that sal mon. could not be in prime season in the earlier part of the year, and looked upon all fish of the kind as coming under , the prohibition now so universally known. The absurdity of the idea was palpable, for those who were not themselves qualified to decide upon ~the goodness of salmon, must be aware of the penalties and disgrace to which a fishmonger sub jected himself, by exposing for sale any of the pro. hibited kind. The fact was, the salmon now brought to market was in as fine condition as that which might be caught in the month of June, and the words " out of season" did not apply to the time of catching, but to the state and condition of 'the fish. Mr. Mitchel son, the Under Water Bailiff, stated, that the sale of salmon had suffered greatly, in consequence of the prejudice that now existed. The decision at the Man sion-house had effectually put an end to the practice of exposing for sale objectionable salmon ; but the cry was tamed, and the Public, with the exception of the very lowest orders, refused to purchase. The most unremitting efforts had Leen made to detect dealers in " old salmon,' but no dealer was to be found. The salmon now in the market was as fine as ever he tasted. Mr. Bell said, that even the poor, to whom it hacUsecome necessary to dispose of sal mon, since the representation had been made to the Public, frequently turned up their noses, and re fused to give the miserably reduced price it was be come necessary to ask for the very best fish in the market. The losses sustained by the vast numbers engaged in the trade, might be estimated by hii loss, which he believed to be about £2OO a week. It ap-_ . peered, that the Under Water Bailiff had, imme diately after the decision, which caused such a de preciation in salmon, seized a great quantity of kep per and shedder salmon in one of the northern smacks neatly packed up. This prohibited fish was brought, in quantity about a ton, before Alderman BIRCH, and instantly condemned. The LORD MAYOR, in allu sion to this condemnation, stated, that from what he Couldlearn, a complete period was put to the traffic, and that the last decision made would probably finish charges upon that subject. It appeared to him, that those from whom the complaints of this illegal deal ing first issued, were amongst the most severe suf ferers, as their object was to obtain a greater quan tity of wholesome fish for the market. The fish cer tainly appeared in quantities, and of most excellent quality ; but the impression that. it was all bad had gained ground, and he regretted that the subject had not been sooner mentioned, as there could exist no doubt Of the readiness upon the part of the respect able Press, to remedy the hardships enumerated. At a Court Martial held on board the . QUEEN CHARLOTTE, Thomas Woods, marine, of his Majesty's ship LIFFEY, was sentenced to receive twenty-four lashes, for having made use of expressions subver sive of discipline and good order. GLASGOW, FEBRUARY 19.—0 n the night of the Bth inst. a fire broke out in one of the houses belonging to Kirktonfield Bleachfield, near Neilston. The house in which the fire originated, was.immediately adjoin ing the 'dwelling-house ; . but by the assistance of those who poured in from all quarters of the parish, the roofs of the two houses were separated, and the dwelling-house was saved- On the roof of the for mer house falling in, a tremendous hurricane, which increased the fury of the flames, carried a piece of burning wood to an adjoining row of thatched houses. These immediately took fire, and, notwith standing evet y exertion, three of them were consumed before the fire was got under. Wednesday, a-melancholy occurrence happened in Hutchesontown,Glasgow. Owing to some cause not yet explained, a quantity of gas escaped and forced its way beneath the pavement and floor of a house, until it communicated with the fire, when it exploded with a frightful noise, and tore up the deal floor and drove oat a partition. None of the family in this house were hurt, but an old pensioner of the name of James Hastie, and his infirm wife, who lived in the same entry, were less fortunate : the gas had such an effect upon them, that the old man expired on Friday morning, and but faint hopes are entertained of his wife's recovery. DURHAM, FEBRUARY 19.—Thursday, this city was disgraced by one of the moss blackguard disturb ances that we ever witnessed. A couple of drunken ruffians, stripped from the waist upwards, bruised each other, in.the very heart of the city, for upwards of an hour, to the great amusement of the assembled mob, and not a Constable interfered during that time. Several minor fights grew nut of the first, and most of the shops in the Market-place were shut up in con sequence.—A rather singular assault occurred here on Monday last. A young man, named Thomas Young, intoxicated with liquor, met a Gentleman named Bowes, and accosted him with some insulting expressions, of which no notice was taken. Young then threw something at Mr. Bowes, who snuck his, assailant with a stick which he had in his hand, but which was instantly wrested from him by the :ag gressor, who belaboured the owner of it without mercy. Alderman WsuciNSON, who witnessed the transaction, interfered ; but Young, who it seems had no respect for persons, only exchanged the shoul ders of Mr. Bowes for those of the worthy Alderman, who had reason to complain of thelveight of his op ponenfs arm. The fellow was, however, at last se cured, and has been held to bail. This circumstance has formed a topic of tittle-tattle during the week. BOXING. The battle between Belasco the Jew, and Sampson, called the Birmingham Youth, took place yesterday, on a swampy piece. of ground, near the twentieth mile -stone, on the Epping road, where there was want of accommodation for man and horse. The match was for £5O a-side, and notwithstanding the . . very unfavourable state of the weather, and the bad ness of the roads, many thousand persons were assem bled. Betting, in the ring, was 7t04 on Belasco on the supposition that Sampson was not well. 4 The seconds were, Painter for Sampson, and Oliver for Belasco. Boutin 1. After much sparring for the first hit, Sampson tin null:led and placed it about Belasco's jaw; but it was returned upon the head with admirable science, and a rally, In which there was much bitting, followed, with equal advantages, pi Btlasco's science was adequate to SampsOu s determined rush: Both down, but no claret flowing. 2. A game round, in which the Jew made some famoUs bit[ and breaks. His antagonist rallied and fought manfully, but he was met so strong in the head, that the chancery suit was =aril certain, and he went down at in-fighting. 3. A brave fighting round, after Belasco had planted a bean left-handed facer. In the rally which followed, Belvico received a Severe hit over the eye, which bled, but ti•t so profusely as Sampson's mummer dropped the claret. At the finish the Jew was knocked &ma, but the hit was not heavy. 4. Belasco had it muck his own way, anti. the Birmingham Youth was monstrously piping, and he wastoored by a body hit in the rally. 5. A gay round, and in the rally Sampson led, but he was not fighting at points, and with so great a general as the Jew, he was met as if it were from ambush, until his head was mush queered. In trying to get down from being tr:ared upon, he was much spoiled about the face. 6. This round caused something like a Bartholomew-fair tau., and patricians and plebeians had much difference ; but as faithful historians, Sampson was so materially hit, that he had no chance of winning. After this, the Jew, by means of his science, deci dedly took the lead, and severely punished his oppo nent. In the eleventh round, exchanges were made between the combatants; but Belasco hit out at all points—had it all his own way—and in fibbing his opponent, who fell down on one knee, Belasco, to prevent his falling down upon both, held him up, and thumped master Samnson so severely, that the lads, seeing he had the worst of it, called out ' and Painter and Shelton hTtstily took him out of the ring. This circumstance occasioned considerable dis turbance; but on an application to the Umpire, the conduct of Belasco was deemed fair, according to the established rules of Broughton. This abrupt ter mination of the fight rather chagrined the numerees amateurs, who had travelled upwards of 20 miles. Josh. Hudson challenged Ned Turner for 100 gui neas, to fight in May, which was accepted by the latter.—Larkin was on the ground, but no customer appeared for him. The Ashdown Coursing Meeting was this year nu. merously attended. The second Ties for the Cup and Couples was won by Mr. CRISP'S bitch concubine, and Dr. Nleyniox's dog Magnet. In the main, the dog won the Cup, and the bitch the Couples. A dashing gentleman, who has lately been (hiving about the country, in a smart gig, as a travellerin the silk line, being suspected of having committed a robbery at the Three Tuns Inn, in Thirsk, on Friday week, and having also been in York, was immedi ately traced by Leeman, one of the Police officer; to Pontefract, and thence to Doncaster ; at the latter of which places he was taken into custody. On being examined, he had £125 in notes in his possession, a gold watch, fire mourning rings, and a bill for £3O, which is supposed to have been stolen from an Inn at Darlington. The gentleman was, therefore, con veyed to York Castle on Thursday, in his own gig. BIRTHS. June 9, at Penang, the Lady of Lieutenant Archibald D.w, 19th Regiment Bengal Native Infantry, of a son. At Pendrcech, on the sth inst. Mrs. Captain Mackenzie, of s daughter. MARRIED. . On the 14th instant, at Wakof Church, Bath, by the Re% Charles Hawkins, Henry Eyre, F.scf. of Botleigh Grange, Liants, to the Hon. Juliana Devereux, daugbttr of the late and sister of the present Viscount Hereford. At lienwick, on the 21st, Frederick W. Campbell, esq. of Barbreck, N.B. to Sophia, daughter of the late Sir Edward Winnington, Bart. of Stanford Court, Worcestershire. Feb. 10, at Edinburgh, Major-General Henry Elliot, Colonel of the sth Veteran Battalion, to Mrs. Pringle, of Ftossbank. Thursday, at St. George's, Bloomsbury, G. J. Parry, Esq. of Lincoln's Inn, to Mary, the eldest daughter of Lieutenant-Go ouel W. Brooks, of the Hon. East-India Company's service. DIED. On Saturday, the 19th inst. aged 13, Charles, the only son of Michael 'Mosley, Esq. of Ikather head. _ _ June 12, at Cilcutia, Major Peter Lewis Grant, 12th Native infantry, Acting Town and Fort Major of Fort William, Sew gal; and on the 2d of September following, Anne, his wife. August 17, at Fort William, in the East Indies, Hugh Mur ray, Esq. younger, of Rosemount, in the County of Ross. Feb. 1, at Hermitage, near Edinburgh, Miss Stair Primerme, youngest daughter of the late Sir Archibald Primrose, Bart. of Dnnipace. Monday se nnight at Penrith, Mr. John Tallentire, late Set joint in the Cumber land Militia, aged 68. 011 the ash of September last, In the gin Indies, aged Lieutenant-Colonel John Stoitoe, of the 9th Beginsent of Ma dras Native Infantry. _ _ _ Friday evening, at Twickenham, the Hon. Marianne Cur. zoo, only daughter of the Baroness Howe. July 29, at Joeria, East Indies, aged $l, Tie. James Roy, Assistant-Surgeon in the Company's Service. A few days ago, at Welton, near Louth, in Ms 90th year, Thomas Cuswortb, generally known by the appellation of " T'ho Wise Man of Welton." He for many years procured a liveli— hood, and accumulated a considerable sum of money, by pre— tending to tell fortunes, restore lost or stolen goods to the owners, &c. in which profession he was considered very eminent, mssl carried on an extensive business. COURSE OF A moterdast l2 - 0 CS. Ditto at sight 11 17 itotterdani... l2 1 2U. Antwerp, ex-mo 12 2 liamburgb... 54 4 te U. Ahem. 34 5 201. Faris. 3 day's date 25 IC U. Ditto 0 5 50 2U. Madrid, effective 34i Cadiz effect. 34b EXCHANGE. Seville 34t Gibraltar ...... 30 Leghorn 471 Genoa Venice Ital. Liv ST Malta Naples Palermo ll6 pet SOP D9blin l* - Cork... ... ..- - Id Ape of the Bank a* hI4O land 0 Barcelona Talbot, effective 34e PRICES OF GOLD AND SILVIIt. • Portugal Gold in Coln, per 0z....... ...... £0 0 0 Foreign Gold in Bail .. I T 1011 New Doubloons New 1)ollars .....»...,.. ail Silver, in bars, standard., ...... • I Ij GII-WitTRA at LONDON BR I DOR TO-M 0 It ItOW. Aft ening . - 3S minutes after 10 Afteraela - • 8 11 • - - LONDON ; Printed and published by Lzysi gorn Piskeu4 Place, Tearile-Big 7. IL a ha ti le am yr en au o le in ps