Star. — London, England, 1820-01-18 00:00:00

, 1" 4111- LAW INTELLIGENCIL COURT OF CHANCERY, JANUARY 17. THE A TTORNEY-GENER• Ll'. HARTLEY. The irleading, in this case, which have occupied the Court since the commencement of the Sittings, were finished this day at three o'clock.—The LORD CHAN CELLOR said, he should give judgment on Thursday morning. VICE-CUANCET.I.OII'S COURT, JANUARY 17. THr. ATTORNEY-GENERAL. V. THE MAYOR AND COR PORATION OF HUNTLNGDoN. This was an information, filed originally in the year 1811, on the relation of Messrs. Arnutt, Bayley, and two others, inhabitants of Huntingdon, against the defendants, as Trustees for the Charity of Saint John's Hospital, in that town. Since the information was, filed, the Court has made several orders in the cause, and the matter now came on to be heard on a petition from the relaters, praying that it might be referred to the Master to approve of a scheme for the future regulation of the Charity, and that the defendants might be made responsible, in their cor porate capacity ) . for the loss which the Hospital had, sustained by their granting leases of the property belonging to it, on terms highly disadvantageous to the Champ. There was also a petition on the part of the defendants, praying that the former report of the Master, respecting the annual value of the pro perty, might not be confirmed. Mr. HaaLo, in support of the information, ob served, that besides the gross breach of trust of which the defendants had been guilty, in sacrificing, for the last 30 years, the interests of the Charity to those of individuals of their own Body, there was another irregularity that called for the interference of the Court. Under the Inquisition founded in the reign of Queen Elizabeth, the Mayor and Aldermen were appointed Visitors of St. John's Hospital ; but they had, in addition to their visitorial authority, taken to themselves the right of appointing enc of their own Body to the office of Master of the Hos pital ; and Sir John Arundel, the present Mayor, now held that situation. How well he dischai god the duty of Master, as far as the interests of the Cha• rity were concerned, appeared from the proceedings then before the Court. Mr. BELL, for the defendants, said, the Master, in estimating the value of the leases, had been lesi into a mistake by the Surveyors employed fur that pur pose. He lamented the clamour which had been raised about this Charity, and which proceeded from the evidence which Mr. 'Wells, the Solicitor in the cause, had given before Parliament, when the inquiry into the state of Public Charities was instituted. The VicE-CHANCELLOR was convinced that a great deal of improper zeal and of popular clamour had been excited by the inquiry before Parliament. Mr. WETHERELL, on the same side as Mr. Bell, alluded to a publication on the subject, signed Verus,," but which he thought would have been more properly subscribed " Falsus." He was pro ceeding to make some observations on the clamour which such publications had raised against the Ma nagers of this and other Charities, when Mr. HEALD interposed, and expressed a hope that his Honour would not encourage such remarks. In reply to what had fallen from Mr. Bell, he said that the rents obtained by the Receiver, could not, for a moment, be regarded as a criterion of the real value of the property. The Receiver could not let the estates for more than one year, and therefore it was not likely that any tenant, while such an information as the present was pending, would pay an adequate rent for land or premises, from which he might be turned off at the end of a year. The VICE-CHANCELLOR said, it was impassible for him to order the Corporation, as a body, to account to the Charity for the loss it had sustained by their granting leases, at reduced tents, to their own Bur gesses, because that would be appropriating, to a particular purpose, the funds of the Corporation, which were certainly destined for other public pur poses. He regretted extremely, that when the In formation was drawn up, the persons who had pro fited by these leases, had not been made parties to the suit ; because, in that case, the Court could have reached them in their individual characters as tenants, and could have made them refund to the Charity, the profits which they had improperly derived from its estates. The manner in which the trust had been executed, with regard to these leases, was a most shameful and scandalous sacrifice of the interests of the Charity. His Honour made the following decree :—" That Sir John Arundel be removed from the office of Master of St. John's Hospital, and that the offices of Master of the Hospital and Member of the Corporation, be held incompatible; that it be referred to the Master to inquire with whom the appointment of master resides, and what are the proper qualifications for that office ; also with wham the appointment of schoolmaster resides, and what are the necessary qualifications; that the Master ap prove of a scheme for the future management of the' revenue of the Hospital ; that an account of the rents and profits be taken from the filing of this in formation; and that the Corporation be made to ac count for these rents and profits since that time ? the costs of the information to be paid by the Corpo ration. This order to be without prejudice to the relaters, if they shall think proper to file a .bill against the persons who derived benefit from the property of the Charity." . . COURT OF RING'S BENCH, JANUARY 17. THOMPSON v. LACY. This was an action of trover, brought by the plain tiff, to recover the value of a trunk, containing a quantity of wcat i ng apparel, &c. from the defendant. The case was tricq before the CHIEF Justus, and the. plaintiff was nonsuited. Mr. MAR RYA T. now, on the part of the plaintiff, applied to have the nonsuit set aside, and a new trial granted. The defendant kept the Mnorgate Coffee house. Some time since, the plaintiff, accompanied by a companion, named Scott, took up their resi dence at the defendant's house : they breakfasted, dined, drank tea, and supped together; and, at their own request, were accommodated with a double bedded room. After they had been thus domiciled for upwards of eighty days, Scott left town, and the plaintiff requested to have his bill. The defendant accordingly made out a bill, including' the account of both Gentlemen. The plaintiff objected to this, offering to pay one half, as his share, and making a tender of that sum. This V 35 refused by the de fendant, who insisted on full payment of his de-1, mand, and detained the trunks of the plaintiff, on! which he contended, that as an innkeeper, he had a lion as a security for his bill. Pn the part of the ' plaintiff, it was now contended, that the defendant was not an innkeeper, a coffee-house differing mate rially in its nature from an inn, to constitute which theie must be stabling ; and therefore, though an innkeeper would have a lien on the goods of his guest, yet a coffee-house keeper had not. ,11r. GURNEY, on the part of 'the defendant, con tended, that there was no difference in law between a Coffee-house-keeper and an Innkeeper. The former, like the latter, was obliged to take out a beer-license, a spirit.lic,...se, and a wine-license; and, like an inn keeper, he should contend, was liable to the guests in his house, for the safe keeping of their property, whilst under his roof. The COURT were unanimously of opinion that a difference of name did not alter the law of the case. A Coffee-house-keeper was, as the Learned Counsel had said, liable to his guest for the safety of his pro perty, and ought in justice to have a lien on that property for 'his demand against the owner ; and therefore the nonsuit was right. There could be no dispute as to the liability of the plaintiff to the whole bill.—The nonsuit in this ca s e was therefore confirmed. OLD BAILEY SESSIONS. Yesterday, as soon as the Judges took their seats in Court, the Grand Jury were re•sworn, for the purpose of considering bills of indictment, under a Special Commission, against Alexander rillenunst and James Alexander Camel, two foreigners, who stand charged with a violation of the Slave Trade Laws, in the Mauritius.. After the Grand Jury were re-sworn, Mr. Justice HOLROYD informed them of the nature of the ofence which they were called upon to consider in the in dictments that would be submitted to them. It was made felony by a late Act of Parliament, and though the offence was said to have been committed in a distant part, of the world, y ec still The law brought it within the jurisdiction of a Jury in this country. ' The Grunti Jury returned shortly after, with true bills against the defendants. The prisoners pleaded Not Guilty; and on being informed that they were entitled to a Jury composed half of foreigners, they replied, " Eh Bien, tout An glois." A Jury, therefore, of all English, was im panneled for their trial. The SOLICTOR-GENERAL, in opening the case to the Jury, enumerated the various Acts which had passed in 1806, with the concurrence of all parties' in Parliament, abolishing a trade which the friends of hunianity had been endeavouring for twenty years to put an end to. But the Acts of 1806 only im posed pecuniary penalties, and it was found that in their operation they were nugatory, as the profits of the trade far exceeded the amount of the penalty im posed by law. At length, through the efforts- of Mr. Brougham, an Act was passed in 1811, making the offence a felony, and subjecting the parties to transportation upon conviction. With respect to the prisoners now at the bar, they were natives of St. Mauritius; and it would be recollected, that by a late treaty, the Mauritius was ceded to Great Bri tain. That Island, therefore, formed a part of his Majesty's dominions, and the two persons at the bar were amenable to British law. He wished to explain to the Jury, that a French Captain and the Mate, who were implicated in this affair, could not be pro secuted, because there was not sufficient proof that they had ever landed at the Mauritius; not having landed, they could not be amenable to British laws. There were two others who were also implicated, and who had been sent to England for trial. Seve ral slaves had been sent with them, as witnesses against them ; but it was found that these men were so devoid of all moral or religious principle, that it was thought proper to abandon the prosecution. The facts of the case were then stated, and witnesses were called, who proved them. The case for the prosecution being closed, Carrol was called upon for his defence, and declared that he had no witnesses here to confound the testimony of the false witnesses examined. He put in a long written defence, which commenced by giving an account of the manner in which he had been engaged previous to the transaction in question. In September, 1817, be had sailed from Ussurdeaux on a trading voyage, and had dealt and trafficked in rice, tobacco, salt provisions, &c. Jt cenfirnosd the account given, ac cording to the testimony of the first witness, by the Captain of the Jeune Adone, when questioned as to the destination of the vessel, and the cargo she had carried. He confessed that he was at Tamara, at Madagascar, but not for the purpose of dealing in slaves ; at that time he was so ill, as CO be incapable of doing anything, and he was carried by four men to the ship when she set sail for the Isle of Bourbon. The document called upon the Court to consider who was his accuser; and almost sole accuser, on the trial—his own servant, who had artfully forged these falsehoods to criminate kis master: he was a boy of the most infamous character, and whom his father was obliged to imprison, while yet an infant, for his crimes. After the examination at Fort Louis, this lad bad expressed his contrition for having sworn falsely, and had promised to speak the truth in Le - don ; but he had basely perjured himself, and had unjustly criminated his master. The prisoner Villemont was next called upon for his defence, and also handed in a written paper, which was read., It stated, that he was born at the Isle of Bourbon, of good family, and positively de nied any connexibn with any transaction of the na ture imputed to him. He had voluntarily surren dered himself when called upon, conscious of his in necence: and might,'if he had chosen, have con cealed himself. At the examination at Fort Louis, before the Grand Judge, he had produced witnesses who distinctly proved his innocence ; but these wit nesses he had been unable, on account of the sreat expense attending it, to bring to this, country. lie called upon the Court to consider whether it were probable that 200 slaves could be introduced into the Mauritius, without its being known to the Autho. l rities there, who were constantly upon the watch ? Not one trace of these slaves could be found, although diligent search had been made. He was now 12,0(X) miles from his native country, and, although net a pauper, bad been unable to bring his witnesses to this country. tie begged, therefore, that these circuits 'stances might be taken into consideration. Mr. Justice BURROUGH, in recapitulating the evi• deuce to the Jury, remarked upon the necessity of passing the Act of 1811, making the . Offeti - e of traf ficking in Slaves a transportable offence, as otherwise little or no punishment would be inflicted. !.• 0: - ; !- • • The Jury found both the prisoners Guilty. • The following were capitally convicted : Thomas h art, and Richard Bradley, for assaulting Thomas Hall on the King's highway, and taking from his person a watch, etc. Charles Miles, for a burglary in the dwelling-• house of James Alexander, and stealing a looking glass, a tea-caddy, &c. James Robinson, for stealing a horse and five fowls, the property of Anthony Aldred In the course of the morning the Grand Jury pre sented. a paper to the Court, in which they spoke in high terms of the state of Newgate, through the ar rangements of Mr. IlftowNE, the Keeper, so far as the limits of the prison permitted. They also sptlke in just terms of the excellent exertions of MIS. Fay, and the other philanthropic Ladies, ter the reforma tion of female prisoners, and earnestly recommended the adoption of similar measures for j uvenile prisoners. SURREY• SESSIONS, JANUARY 17. FEMALE Swianten.—Sarals Tennant was indicted for defrauding Mr. J. W. Stony, of goods, consisting of eatthenware and china, to the amount of £lO. The facts of the case were clearly proved, and the Jury pronounced the prisoner Guilty. The prisoner, who had been indulged with a chair clinking the trial, on the verdict being pronounced, uttered the most piercing shrieks. GUILDHALL.—THE REFITGR FOR THR HOUSELRIN. —Five individuals, viz. three females and two men, were brought up yesterday before the Sitting Magi strate,- Mr. Alderman THORP, for the purpose of being passed to their respective parishes, as vagrants. These poor creatures, it appeared, had accepted the ' humane invitation. of the Committee in the City, and had, in consequence, been relieved and sheltered for the night, at Mr. Hicks's rooms, in London-wall, the greater part of which is in the parish of St. Al phage, London-wall. As this was the first time the interference of the Magistrate had been called for, and as many similar cases were likely to arise from the circumstance of; so many poor and destitute objects being relieved and sheltered in this parish, it became necessary to proceed with due deliberation, in order to ascertain the most proper and legal methods of disposing, i• the best manner, of the individuals thus thrown upon the bounty and benevolence of the Committee. Mr. Payne, the Magistrate's Clerk., was of opinion, that as these persons had applied voluntarily to the Committee, in consequence of their public notice, and had been no oth&wise relieved than with food and lodging for the night, they could not be con sidered as vagrants, the acceptance of such relief, on their parts, not being, in his opinion, an act of va grancy ; and he conceived, that if these poor crea tures were committed to Bridewell for seven days, which as vagrants they must be before they could be legally passed, persons in their situations would be deterred from applying, and the benevolent in tentions of the Committee would be defeated. He remarked also, that to remove a pauper, by pass, without a clear act of vagrancy, would be illegal on the part of the Magistrate, and might subject him to a criminal information. His opinion, there fore, was, that these persons, by sleeping within the parish of St. Alphage, had become casual poor within the parish, and could only be removed by that parish in the regular way, by. order of removal. The Churchwarden of St. Alphage observed, that, such a rode of proceeding, especially as the cases might be numerous,' would subject their parish to great trouble and expense. Mr. Duncan Campbell, and another Gentleman of the Committee, agreed that it would be a hardship that the parish of St. Alphage should be sufferers on account of the general benevolence of the Public, and hoped some means might be devised to prevent such an inconvenience. Mr. Alderman I . llOltP asked, whether the appli cation for such relief was not in fact begging; at lean sufficiently so to constitute as act of vagrancy ? Mr. Payne thought not, but wished t o hear the opinion of the City Solicitor, who was accordingly sent for, and attended in a few minutes. Upon the case being stated to him, the CITY SOLI* CITOA observed, that these poor people -had com mitted no offence, they were in distress, and accepted food and shelter, which had been voluntarily offered to them, and which they were invited to . apply for: their only offence was their poverty, and poverty was no crime : now, an act of vagrancy was in law a crime, and punishable with seven days' imprison ment. If, therefore, the Magistrates -were to com mit these individuals, in order to their being passed, such committal would be considered in law as a punishment; and as he was most decidedly of opi• nion no act of vagrancy had been committed, such committal would be illegal. He agreed, therefore, most fully with Mr. Payne, that under the circum stances, these persons must be considered as casual poor within the parish of St. Alphage, and could not be removed, in the ordinary manner, by a vagrant pass. It was accordingly determined that these indivi duals should he relieved by the Parish Officers of St. Alphage, and then - removed to their respective parishes, by regular order of removal. It being at the same time understood that the Committee should take the circumstances into consideration, and en deavour to effect their benevolent purposes is a manner ' least likely to affect the local interests of the parish. 13011-STIMET.-•---ROBEBRIES AT DItIntY;•LANZ Tnearaa.—Yesterday John Brown, who implicated another person of the name of John Bright, under went an examination, charged with having stolen a quantity . of lead, and also with injuring part of the fire-engine. They were committed for re-examination. A stout fellow, in the dress of, and assuming the character of a butcher's man, having watched a large joint of roasting beef into a Gentleman's house, in Gower-street, on Saturday morning, soon after its delivery ran down into the kitchen, pretending that a wrong piece of meat had been sent in, which he was to take back .to be changed at the shop, which the servants were foolish enough to let him have, and with which the impostor, tho' pursued, got clear off. MA ILIIIOIOUC it.sraerr.--Yesterelay,-- 1 4 :6:worth oval charged by one of the Constables in attendance at Mary-la-bonne Church, with disturbing the audience, and assaulting him.—The defen dant, who had been sacrificing freely to Berrhus, intruded him self into the Church on Sunday evening, and behaved wry eis orderly.—The defendant put in bail to the cL.uge. SPORTING INTELLIGENCE. BETTING. AT TATTERSALL'S YESTERDAY. The hew* on the Derby add Oilks was Sat, at the same rate; as was also the Riddleswerth; but there was much betting on the St. Leger, at Doncaster, as follow, 17 to 1 apt Mr. Tierce's gr. c. 25 to 1 apt Ld Exeter's colt by Walton, out of Lisette 2to 1 agst Coloael Udney's 20 to 1 apt Tramper colt, by klapbazAttl, out of 22 to 1 agst Moreitb, brother Eleapar. to Edit° da Puta Wednesday se'nnight, a vessel, while sailing up the river Nith, near Dumfries, encoontered rather an un common object—being no other than a poor hare. seated on a moving flotilla of ice, which was every moment becoming less, by the action of the water ; and which, together with its involuntary passenger, appeared to be rapidly hurrying to the Atlantic Ocean. The seamen on deck having spied this on= wonted. voyager at some distance, managed the ves sel so as to intercept the piece of ice, and fairly suc: ceeded in rescuing poor puss from a situation intd which she had, no doubt, been driven by the cruelty of her enemies on land. But we grieve to record the sequel. Sailors, though perhaps strangers to those feelings which are sometimes scouted as sentimental, are at least noted for their generosity ; and amidst the perils of an element that, with the exception of fishes, is fatal to every living thing, certainly even a quadruped is entitled to protection. But, in the pre sent instance, the crew acted the part of geurrnands rather than of sentimentalists, and thought only of the delicious dish of soup that might be cooked from the hearts' bl: od of their trembling captive ! A Gentleman in Staffordshire, who bas been an excellent bottle companion, being indisposed, was restricted to one bottle of wine per day. The dis ciple of iEsculapius, suspecting that his patient ex ceeded his allowance, expressed hi) fears on the sub ject, and received the following satisfactory assu rance:—" You know, Sir, you allow me a bottle, and the physician allows sue a bottle, ,which together make two bottks; and I'll assure you, I strictly con fine myself to the quantity you both prescribe." A Goan CusToslEs.—A Correspondent of a Pre vincial Paper, under the signature of " A Scarsdale Farmer," having written with some asperity on the subject of ale measures used by innkeepers, " A Pub licaa" says, in his reply, " If I am not mistaken, the Scarsdale Farmer was in my house the other evening. He entered at the kitchen door, and immediately scraped his shoes upon a bar that is attached to the fire-grate; he this surveyed the bar, aid at length took to the parlour. At these times, Mr. Editor, it behoves us to be economical, and for this reason, my servant had made up a substantial fire, which my guest immediately destroyed with the poker. The bell rang most furiously—' Did you call, Sir?'— Bring me half a pint of ale, fall measure.' The order was executed. The bell again—' Did you ring, Sir?' —' Bring me a clean pipe, I have tobacco in my pocket.' Bell again—' Did you call, Sir Bring me a spitting-box.'—' Directly, Sir.' The bell— ' What do you want, Sir?'—' Bring me the News paper.'—' Yes, Sir.' The bell—' What have I to pay?' Two-pence, Take it out of this one-pound note ; but be sure you bring me good silver.'—Thus, Mr. Editor, my coal was destroyed—half a mould candle wasted—servant's attendance, Scc.—and for what ? My ale cost me 2s. 4d. per gallon ; I sell it at 2s.Bd. which leaves a profit of one farthing upon the Scarsdale Farmer's half pint full measure !" DEELIN, JAN. 14.—Yesterday morning, the body of one of the-foot patrole belonging to the Finglass Office, was discovered lifeless on the Royal Canal bank, near the sixth lock. It appeared he had re ceived his death by a ball, which passed directly throughilis heart. He had separated from two others of the parole, in pursuit of a man whom they had apprehended along with a woman, bearing in their custody a bag of dead fowls, supposed to be stolen, and who had afterwards escaped. The woman is in custody, and. has told the man's surname. - _ NEWOATE xii..fiAbliENN A LI. M utlcii r S7.7l (By the Carcase.) Beef .. ... ml to 4s ad Veal es ed to es el Mutton is ed to 4s 4kl I Pork 45 841 t. lki PRICES or MAT Am, STRAW YESTERDAY. IT. JAMES'S. IVIIIITOCNIi MIL Hay SI Ss Od to 51 Os Od Nay... 41 es to 41 Ss Od Strawll 4s ed to 11 lfs'ed Straw 11 Ss to 11 lits Od Clover o 1 Os Od t• 01 Os ed Clover 51 les to 411 les ed PRICY WNW BAGS. Kent 3 l. 3s to 41 •s Sussex.— 21 161 to 51 •r Essex Foreign F HOPS. NEW !OCR ZVI. Kent Sussex F.uex ..., 3l Os to 41 Os • Fornlialn ... 51 5. to 61 6it PRICE OF CANDLeS--From Tallew Chart‘llers. Candles, per dos. lls fel—Moulds, 12$ 6d; id. poi doom allowed for roody-money. COAL MARIAT, Jososnv I'7. Ships at Market. Ships Sold. Price. 64 Nev castle 7* Zits Od to 474 Od 2 Sunderland 0 00s ed so 00s Od BIRTHS. An. 1, at Allerton Park, the Right Hon. Lady Stourton, of a daughter. At Fowls Castle, Montgomeryshire, Lady Louisa Clive, of a daughter. Thursday se'nnight, at Marbury Hall, the Lady of John Smith Barry, Esq. High Sheriff of Chester, of a son. MARRIED. ' January 7, RolieffMuter, Esq. Captain in the 7th Royal Fa rinser*, to Fanny, eldest daughter of John (Mel, Esq. of Leath hill, county of Wain. DIED. On Sunday *vetting, Jaatvary 16th, in Moorasbury-aquare, Mrs. Lyon, widow of the late Joseph Lyon, Esq.. The 6th ultimo, at Catsclough, Cheshire, aged 11, Catharine, the wife of the Rev. Edmund Lally, A.M. Vicar of Whitegate, in that County, and Rector of Claptoa and Croydon, Cambridge shire, a Lady beloved and respected by all her acqvaintance as a pattern of religious and moral excellence, u the best of wires, of parents, and of -friend*, and as a sympathizing and hberJ benefactress to the poor. Dec. ii, at Pollokshaws N.B. Andrew Risser, aged 103 ! Sunday se'nuight, at Dumfries, Mr. June. Reid, late writer in Edinburgh. Jan. 19, at Dumfries, Mr. William MiNaught, aged 103 Jan. 13, by a fall from his horse on the preceding day, Mr. John Little, jun. of Drum, in Kirkbean, N.B. Wednesday se'nnight, aged 66, Mr. Thomas Ayre, trizny years Kecper of the Castle at Newcastle-upon-Tyne. Jan.l, at Glasgow, Mr. John Wallace, Teacher in the Olt Grammar School, aged 6i. _ Saturday se'nnight, a poor man, residing near the We Mills., on the Parkgate Road, near Exeter. After having been engaged in,preparing a fire, he seated himself in his. chair, in order to. garter his stockings, and instantly expired, . _ FIG/I:WATER at LONDON BRIDOII TO-;dOR KO*: Mt ruing - - 39 minutes after 4 Afternoon "- . f 8 --4 liiNpoN; rrinted and published by J,svcc h'iNT, nue, Tenipk- Bar. , ' 7 It n /great to bz I 'oE 6 cl-et works Dubaz Jier.t v The of the t'omtr which are ex Londo togethi Coinl4 41, v work Prio and 16 I Munk l apical Prince: at the Earop TilUI 1 Ts. 6J, 2. Dec grans Peace man to rating LL. 1J prise 5. 1 to the the me -of Let' £2. 2s _ 4. 'I zeari 1544 5. 6. 41aptc 7. ( 8. .9. 19. 21. • Wierr Cowin and P 1 The Heat liar MC by the price s 1. C of her traced i c II fully c( IN:Mai ow the' format tans • V Tb L A by 'Eh at th& Pic• . • i Nz viOnel.... 01...... puts I give t la* sump cppor th.A t which tie us Mort} rat; c tfr seasioa 3. A Lisa o d ty ford ; drawn c i.l t i n e4s tie: One T I t . . wb *nen etelLai. A