Star. — London, England, 1826-06-22 00:00:00

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Man begged he would desist, but no attention was paid to his remonstrance, and Lord Harborough ran to Ste vens's- Hotel, where he resided. The watchman fol lowed, and said if the noise WAS repeated he mu t take him to the watch-house. Lord Harborough then said) he had a right to make a noise at his own door, and set up another yeo ho I The constable collared him, with intention to take him to the watch-house. The hotel door having been opened, Lord Harborough rushed in, dragging the watchman after him. The' Gentlemen in the house came to Lord Harborongh's rescue. An affray ensued, the watchman came in, and Lord Harborough called for the poker. Having ob tained a piece of iron rod, he applied it to the head of the watchman, Anderson , whose person soon exhibited mai ks of bloody combat. Mr. Bayley came down from his room and - joined the affray. He protect. d Lord Harborough, and fought the watcl.rnan, who at last succeded in 4. agging Adderson out of the house. These facts were proved by the evidence of the prnsecttor and several other watchmen, who were present in the scuffle. Mr. TIND ALL for the defendant, Lord Harborough; and Mr. Worrvono for Mr. Bayley, contended that the watchmen had been the aggressors. Lord Harborough WAS described to be much a tached to naval pursuits. Th;t Noble Lord had a most beautiful yacht, in which be occasionally made trips to sea. The Nable Lord had a peculiar custom, which was harmless, namely, when he passed the house of a friend, he saluted with a Yeo he! to let him know he was going home comfortably to rest. When he passed the house of a Noble relation in Conduk-street at night he almost invariably gave his seamanlike salutation. On the night of the SOth of June, when this affray took place, he had uttered his Yeo ho ! when the watchman interfered, in the most impertinent manner, and followed' Lord Harborough into the hotel, after he had been told by Mr. Bray and others that it was Lord Harborough, and that he might call the next day for any legal purpose he might have in view. The watchman however insisted upon taking him out of the hotel, and those who came to Adder son's assistance said they would have him out dead or alive. Lord Harborough was cruelly used, and beaten dreadfully. He called for the poker whilst he was re ceiving blows from Addersen's stick. Mr. Bayley merely came dawn from his room hearing the fracas, and endeavoured to prevent the watchman from dragg. log Lord Harborough out of his hotel. • COURT OF EXCHEQUER, June 111. LIIIIL--PRICI v. Til W A ITLS. This was an action brought by George Price, Esq. a Barrister-at-Law in the Temple, against the defendant, proprietor of the Morning Herald newspaper, to re cover a compensation in damages for a libel published in that journal• on the 11th of March last, affecting the character of the plaintiff. The libellous matter in question was contained in a report from Bow -street, Police Office,where the plaintiff was stated to be charged with indecent conduct to two Ladies in Maiden Lane, at a late hoax the preceding evening. On the following morning, Mr. Price, it seemed, appeared before the sitting Magistrate (Mr. Minshull), who, after hearing the watchman's statement, ores:-red the plaintiff to be discharged. The Learned Counsel (Mr. Ludlow) said, that the report which appeared in the above newspaper WAS an incorrect account, and affected his client:a cha racter, who was in the prnfeision of the law, and entitled him to a. verdict, leaving the amount of da mages in the bands of the Jury. • An affidavit from the Stamp-office, with the names of the printer, publisher, and proprietor, was produced, as was also the Moraixt Herald newspaper by the Re gistrar of the Stamp Of fi ce , announcing the defendant (Mr. Thwaites) as one of the proprietors.—This closed the plaintiff's case. Mr. ilfitirla, for the defendant, addressed the Jury at considerable length, and called the'Reporter, James Acland, who had furnished the M orn i ng Herald with the account, and from his testimony he declared the statement a correct one.—After hearing the evidence of two other witnesses, John Richmond, the clerk at Bow street, and Bartlett, the watch-housekeeper, who was present when the charge was entered in the book, Mr. Lousily again addressed the Jury, contending that the 8.- pen was an inaccurate one. The Loss Cum lissom summed up the evidence, when the Jury, after a short consultation, returned a verdict for the plaintiff Damages, ieloo. PREROGATIVR COURT, Jan it. BURCIMLL b. MA HAM. This_was a testamentary cause, regarding the succes sion, by representation, to the property of the late Signora Storace, the eminent vocalist. The circum stances, as they were stated in the argument of Counsel, and in the decree of the Court, were curious, and may be best gatbertd from a brief abstract of the substance of the latter. After the witnesses had been examined for the defendants, The Loan Qum Jurrien left the Jury to decide whether the watchman, before be followed - Lord Harborough into the kotel, bid Ise,oli told oho he was. Ilia Lordihip did not consider the pro. mentor justliied in taking Losij e Harboroagh to the wateh•house front the lidtel, after he had beep told who he was. The Jury found Salt Sefrad.aSts—Not LISEL. f —THEJEING v. IMAY. Mr. ADOLPHUS opened the pleadings. The defendant was charged with having sent a libelous letter to Sir - Gilbert East, of Hall-place, in the county of Berks. •Mr. &AIM= stated the case.—Sir Gilbert East, in October, 1824, purchased at the Docks from the de fendant a hogshead of port and a quarter cask of sherry. He paid for the same by a cheque on his bankers.— •When the sherry was bottled off it appeared that it did not produce so much as Sir Gilbert expected. Sir Gil bert enclosed, in a letter to the defendant, the certificate cf a cooper a t Maidenhead, by which it appeared that the quarter cask only contained SO gallons instead of 34. The letter also stated, that Sir Gilbert had received a quarter.cask from Mr. Wright, of the Opera House Colonade, containing St gallons. The defend ant re plied by letter, that all the casks were made by his coopers; that some might be larger than ethers, but that he (defendant) was not aware that any cask con= tained less than the usual quantity. The defendant afterwards sent for the casks in order to have them measured, but the prosecutor would not return them, as he considered himself entitled to retain them until the defendant heuld give him wine to make up the defi ciency. The defendant, in January 1825, wrote to the prosecutor the letter which was the subject of this pro secution, and which was to the followin g eff ec t : " Sta2What you have stated about the casks is entirely false, or you would not have refused to send them back to be measured.— You may be a Baronet, but you are a disgrace to your rank. lam sure , you are net a Gentleman." The prosecutor's solicitor afterwards called upon the defendant, for the purpose of asking him to retract the expressions contained in his letter, and to prevent legal proceedings, but the defendant refused to do so, and repeated to the solicitor the expressions in the letter, and told him that he might repeat them to Sir Gilbert East. :The defendant also added, that if he had not been in trade, he would have taken notice of Sir G. East's conduct in another way. Mr. J.WIL LIAM; addressed the Jury for the defendant, and said, that the imputation cast upon his client, who was a respectable British merchant, was the grossest that could be imagined, and the defendant, irritated by such an imputation, did nothing more than other mer chants, under similar circumstances, would hate done. His Lordship summed up and said, there could be no doubt that the letter written by the defendant, and the words made use of by him to the prosecutor's attorney were very libellous. The Jury immediately found the defendant Guilty. COURT OF COMMON PLEAS, Jinx 21. WAKELY V. JOHNSON, M.D. This was an action brought to recover a compensa tion in damages for a libel, which appeared in a work called the Medieo•Chirurgical Review, for the month of April, of which the defendant was the proprietor. The plaintiff was the proprietor of a work called The Lancet and from the statement of the Learned Counsel it ap peared that a literary warfare had been carried on between them in these works, and that the libel com plained of imputed to the plaintiff that be had been an incendiary, by inference from the words in the libel, particularly the•word I , Salamander," and that he, the plaintiff, had been driven from his medical profession. Mr. Common &mama and Mr. Kura- were Counsel for the plaintiff . ; and Mr . Serjeant VAUGHAN. Mr. Serjeallt WILDE, and Mr. HILL, for the defendant. At half-past ,two the Jury returned a verdict for the plaintiff— damages 1001. (;4) Sir JOHN Nlcuott., in giving judgment, stated, that Anna Maria Selina Storace died in the month of August, 1817, leaving behind her her mother, Mrs. Elizabeth Storace, who was her sole next of kin, and the only per son entitled, in case of her intestacy, in distribution of her property and effects, and, consequently, the only person who would have been authorized to contest the validity of any paper which might have been pro pounded as the will of the deceased. A few drys after the Signoras death, a will, in her own hand-writing, was found in a bureau, wherein was deposited the greater portion of ber papers of valise and moment. It was attested by two witnesses;' it disposed of all that property (very considerable in amount), and probate of it was taken out by her mother, Mrs. Elizabeth Storace. It bequeathed for her use, to trustees, 50001. East India Company's stock (then standing in the name of certain other trustees for the testatrix), the interest for the mo ther's life; and, after her decease, the principal to her nephew,,Mr. Brinsley John Storace l if he lived to attain the age of 9.5 years; but if he died without issue, pre• viously to such period, then to the children of her cousin, Emily Taney. To her mother she also left the lease of a house in Howland -street, Fitzroy-square, together with the use of her plate and furniture for life, with remainder, in the same way, to Emily Toosey. The will comprised many other legacies-- 5001. to one of her aunts; 2501. to another ; 5001. to Mrs. Mary Storace, her brother's widow, to gether with her harp, her music, and • her wearing ap parel ; to M. Rauzzini, of Bath; 5001. to Joseph Bur chell and Prince Hoare, Esquires, het' trustees, honorary legacies of 501. each; to Mr. John •Bralans, 2,0001. to the Old Musical Fund, 1,0001. to the' New Musical Fund, 1,0001. The executors were Mr. Joseph Burchell and Mary Storace, the widow of her brother. The will was dated 20th August, 1797. These were some of its contents; and under the circumstances of its remote date, and of her having declared a few days only before her decease, that she had made her will, and that such will was to her satisfaction, it was with great propriety that a diligent search was 'made among the papers of the deceased, in order to: discover whether there was any subsequently dated *Hilo be found among them. None such, however, was to he discovered. Mr. Bur chell was still reluctant,' notwithstanding, to take pro bate; and as the deceased had left a natural child by Mr. Braham, the singer—namely, Mr. William Spencer Harris Braham, the party in this cause, to whom she was supposed to have left same money —he caused adver tisements to be inserted in the Gaiette and the daily newspapers, offering a reward of 5001. for the discovery of any later will of Anna Selina Storace, deceased.—. The only information which those very proper measures elicited was, what would he derived from the production by Mr. Buxton, the Solicitor, of a draft, which turned out to be only the draft for the will of August, 1797. As far as the declarations of the deceased, supported by several affidavits which had been brought in, in the cause, could be relied upon, it must be allowed that there was evidence of an extraordinary affection on the part of the testatrix for this natural son of hers, and of an intention of providing fot him. But declarations, in point of testamentary intentions, were, of all others, least to be relied upon. In the present case, it could not be shown that any other testamentary paper had ever actually assisted but that which was propounded by the executor. No person could be produced to speak to his having seen such other instrument, to the time and place where or when, or to the contents of it. At length, on the 10th of Dec. 1517, the executor, with the fall knowledge, consent, and concurrence of the mother, took probate of this will of 1797. This was certainly with her concur rence,for she then made a voluotatyaffidavit,setting forth that she was living with her daughter at the time of her death, in t' e same house; and then describing the • manner in which the wi ll in questio n h a d b een di scovere d in an escrutoirr. Th e affidavit she thus made was, in ta,t, contrary to her o ri interest; for had there been ADMIRALTY OFFICE, JUNR - 3, 1826. JOTICE IS HEREBY GIVEN, that a Session of Oyer and Terminer, and Gaol Delivery, for the Trial of Of knees committed on the High Seas, within the Jurisdiction of the Admiralty of England, will be held at Justice Hall, in the Old Manley, London. on SAIIIIIDAY, the lit of July nett, at Bien o'tloek in the morning. And all Sheriffs, Gaolers, and Keepers of Prisons, in whose cus tody any Prisoners, charged with Offences committed on the High Sias, or within the said Jurisdiction, may be, are hereby required to transmit a espy of the Commitment of every such prisoner to ldr. BICKNILL, the Solicitor of the Admiralty, on Spring Garden Torae•, London, in order that the necessary measures may be tikes for removing all such prisoners to his Majesty's Gaol of New t ate, for trial at the said intended Session; and all Mayors, Jus tices, Coroners, and other Officers, before whom any Inquisitions. Informations, Examinations, or Recognizances may have been taken, touching any such Offences, are reqnired to transmit the same forthwith, to Mr. Tisonas &manes, the Clerk of Arraigns of the High Court of Admiralty of England, at his Mee, at the Sessions House in the Old Bailey, London, J. W. CRWCEN. This day was published; M One Vol. Eve. 141. FOUR YEARS in FRANCE; or, NARRATIVE of an ENGLISH FAMILY'S RESIDENCE THERE DURING THAT PERIOD; !cceded by some Account of the CONVERSION of the AUTHOR to the CATHOLIC FAITH. " Ries nest beau que se year." Printed for Henry Colburn, 8, New Burlington-street. GIBE'S HOTEL, No. 24, REGENT BRIDGE, EDINBURGH. HENRY M. GIBB, with the most lively sense of gratitude to the. Nobility and Gentry for the Patronage he has been honoured with, during the period he was in business in St. Andrew's-square, most respectfully begs to announce that he hag taken possession of this splendid Establishment, which has just undergone every improvement to secure comfort, convenience, and . . _ . . accommodation • and he presumes to solicit a continuance of that liberal support b e has already enjoyed. The Premise, in St. Andrew's-square have been sold to the Na tional Bank of Scotland. WATERLOO TAVERN AND COFFEE-HOUSE, No. 22, Regent Bridge. This Establishment is adapted for Travellen Strangers visiting Edinburgh,' Public Breakfasts and Dinner Pa rties, Public Meet ings, Balls, Sales, &c. Ste. and from its being opposite the Post office, is convenient for those arriving and departingby the different Mail and Stage Coaches from and to all parts of the kingdom. H. M. Giza, in commencing this department, begs to assure those who may support it, that no exertion shill be wanting on his ran to render them comfortable. The Reading Room, which is furnished with all the Newspapers and Periodical Publications of the day, is always open to those fre quenting either Establishtnent, as well as to strangers visiting the metropolis of Scotland for a few days. The annual subscription to the Reading Room has been reduced. The Wines and Spirits are of the choicest quail ty, and theprice will be moderate ; indeed, moderation of charges will be obsessed in every department. IAIIIONABLE GREAT COATS, DRESS AND MORN. G COATS, LADIES' HABITS, PELISSES. ate. A GREAT SAVING will be found at RADFORD'S, -1 - 1 26, PICCADILLY, near Air-street. Gentlemen wasting Lsitionable, well-made, good Clothes, cut upon scientific prin ciples, and made to At the shape man elegant and superior manner, will ind the greatest advantage, by giving their Orders as above. Ladies' Habits and Pelisses cut and made to it in. the Brit style, by experienced Workmen, and at moderate prices. Opera Cloaks Box, Curricle, and Driving Coats, made at a short nodee; for the; convenience Of Gentlemen travelling, some are kept ready finished. A Suit well made in Eight Hours, if required. Best superfine Coats, 63 6s. S 3 12s. Blue and Black, sif3 6s. AS Hs. .13 Fashionable Waistcoats, from 12s. to les. Trousers, frees 18$. upwards : a variety of new and beautiful Patterns just out, for thi present season.—A good suit of Servant's Livery, complete, , lL 15s. Radford's, No. 26, Piccadilly, near Air-street. HENRY L. COOPER (late Joseph Cooper and. Son), No. 93, Bishorgate-street Within, AUCTIONEER, AP PRAISER, HOUSE AGENT, and UPHOLDER,' begs to inform his Friends and the Public generally, he continues to RE GISTER ESTATES and HOUSES FOR SALE In any part of the Kingdom, and trusts that few concerns in the Metropolis arising from his long establishment, possess more extensive Con: tections for the disposal of Property. Household Furniture par• skied at liberal Prices, or removed to convenient situations for disposal, if Sales on the Premises are objected to. It is the principal feature of his Establishment to settle all Sale Accounts genetraly within 'three days after the Sales have been effectf-d, and to make no charge for Registering Property intended to he disposed of by Private Contract, unless absolutely Sold through his Agency. ESTATES SURVEYED and VALUED. RECEIPT of RENTS; Securides, and all description of Pro perty managed with promptitude and dispatch, whether under trust or otherwise—and ample security given where required. Kr Extensive Dry Store-Rooms for Warehousing Furnitue of all descriptions, on moderate charges. Warm, Cold, and Shower Baths. IJENRY'S CALCINED MAGNESIA continues to be prepared with the most scrupulous are and attention, by Tnossas and Wsz.r..zass HOMY, Manufacturing Chemists, Ilanchester. It is sold in bottles, prise Xs. 9d. or with glass coppers at Is. 6d. *am' included, with full directions for its use, 117 their various Agents in the Metropolis, and throughout the United Kingdom; but it cannot belgenuine, unless their names art. @spayed en the Government Stamp, which is fixed over the cork or stopper of each bottle. Of most of the venders of the Magnesia may be had, authenticated by a similar Stamp, HIM?. AIPADMATIC &nut of Van lout, the invention at Mr. Henry, and the only Psalm preparation of that article. BILIOUS Disorders, Flatulence, Heartburn, and In digestion, giving rise to Headatte, Languor, and Debility, nr the Common precursors of formidable Disease, and when they Induce Anxiety, Irresolution, and Despondency, demand the omptest succour, lest both body and mind become irreparably •"' -tilled. Whether these complaints result from pampered appa l; the undue indulgence of the passions, the free use of fermented -, , ritwous liquors, the habits of fashion a ble lif e , or a n x i e ty an d .. - ;t . ,,:ition to business, they are uniformly relieved by Dr. SOLO 'isiN'S CORDIAL BALM of GILEAD. This Medicine strengthens the stomach and nerves, promotes digestion, relieves the spirits, and gives vigour to the vital powers. The weak and nervous will not resort to it in vain. Sold in bottles, price 11s. and 355. each, by all Medicine Venders in the United Kingdom, with copious directions; and in London by Mr. Joh nston , 6s, dornhill ; Mr. Sanger, 150, Oxford•street ; Ward, liolbrn ; and Mr. Henry Macirill, 33, Wkitechapel. Of whom may be had,. price 31. a new Edition of SOLOMON'S CU I DE to HEALTH ; or, Advice to both Sezes, in a Variety of Complaints: with an Address to Parents, Tutors, and Guardians of Youth, on the necessity of guarding Youth from a delusive and c "tructhe habit, t h at fascinates the senses, destroys the health. and sp.-it , Of its votaries, and renders them feeble, useless, and miser through life. LAW INTELLIGENCE. COURT OF CHANCERY, Jen 21. 11: THE MAT mil or MR O. P. TEENER. The LORD CHANCELLOR declared himself at a loss to know how to deal with this case. He hid no affidavit before him to show why 1,5004 was to be advanced for the trial of the traverse. Mr. HEALD contended that the petition ought to be. dismissed. Those who presented it ought to have been' prepared to lay every necessary information on the sub ject before the Court. His Lordship's indulgence in allowing the letition to stand over, seemed to have no other effect than that of giving the parties an oppor tunity of bolstering up their case from day to day. The I,OIID CHANCELLOR said, that if he could find a fund, no man would be mole ready to order the money to be advauced than he would, provided he was satis fied that it would be expended for the benefit of Sir Gregory. His Lordship ultimately ordered the case to stand over for a day sr two. IN THE HATTER Or LORD PORTSMOIITH. The SOLICITOR GicattaAL stated, that this was the petition of the committee of the lunatic, praying that the surplus income, if any, of the lunatic, after pa7ing the costs and charges necessary far the maintenance of Lord and Lady Portsmouth, and the other cots, charges, and expenses, mentioned in the petition, should be applied to the satisfactiqn of those costs which the Ecclesiastical Court would direct to be paid as the costs of Lady Portsmouth's defence in the suit instituted in that Court for a divorce. The petition was presented in accordance with the principle .of the Ecclesiastical Court, which directed that in suits for nullity of mar riage the husband should pay costs of the nife's defence. Mr. Pares followed on the same side. • Mr. HORNE opposed the application, and contended that what was applied for could not be granted. He dared say 'earned doctors and proctors would not go on without money, but he thought the creditors had . quite as much right to the money as they had, and on their part he deprecated the proceedings of the Eccle siastical Court. If the surplus, aif any," were to be applied to the expenses of this suit, how was it possible that anything could be done for the creditors? The SOLICITOR GENERAL observed, that this' was merely an attempt on the part of Lady Portsmouth to prevent the suit in the Ecclesiastical Court from going on. This opposition was a sample of what the Court bad before seen of this Lady's conduct—a conclusion drawn from the same premises. It was not now necessary to trouble the Court with a repetition of what her conduct was, for it could not be obliterated from the'mind of any man who had heard of it. It was impossible so forget Lady Portsmouth's conduct, and that of her Ad ? visers—he did not mean her legal advisers. The Loan CHANCELLOR said, that the rule of the Ecclesiastical Court was, that where a person sued to divorce, and the Lady from whom he wished to be se parated remained his wife, be must furnish her with dim means of defence ; and the question here, stripping ieok the circumstances affecting it, was nei t h er more nor l e i s , than this—whether or not the Court, after having ap proved of a proceeding for a divorce, would furnish the' means for making it effective? It certainly ought, l if it could; and he had no difficulty in saying, that after the prior charges were made, the surplus, if any, ought to be applied to this purpose; but he doubted if there war anything worth asking for under the circumstances Of the case as they at present existed. Until the Muter made his report, it could not be ascertained whether or not there was any surplus capable of immediate.appli cation ; and if that was stated to the Court in Doctors' Commons, they would reply that they wanted to know in three days what could be done. If the committee would say that he would advance the money at his own risk, then the Court would know what to do. At present he feared that the Court in Doctors Commons would •not be satisfied with his declaration, that the surplus should be paid over when it should be ascertaiaed by the Master'sreport what it amounted to. The Somalia Gemmel. thought that his Lorishlies declaradoe wsulsaswer the purpose. The LORD CHANCELLOR said that the judge in• Doc-, ton' Commons might be informed of the purport of his declaration ; and it would be seen what the effect of it w ould be. A surplus might not be in exigence for two or thiee years, and he was afraid the Ecclesiastical Court would say that Lady Ports mouth was entitled to immediate means of defence. His Lordship had no doubt that if his respectful compli ments were presented to Sir Christopher Robinson, that Learned Judge would inform him what he thought of his declaration. Mr. HORNE stated, that as far as the costs which were to be paid had been calculated, it was supposed they would amount to 7,0001. He was informed that the expenses of the suit in the Ecclesiastical Court would not be less than 30,0001. The LORD Cmasscat.z.oz thought he might here be permitted to say one word for this poor hunted Court of Chancery ; he believed that the expenses of proceed ings in this Court were less than in any other. He had heard of an issue tried in a common action which cost 10,0001. He had no doubt, however, that suits of this sort were made extremely expensive, in consequence of the costs being all paid by one side. The Solicitor of Lady Portsmouth observed, that there would be no difficulty in this case, if Mr. Newtuu Fawns, the committee, would advance the money. l • The Loan CHAIICILLOS remarked, that it was an extremely dif ficult thing for a man to get rid of a wife, when neither abe nor her solicitors liktd that she should part front him. COURT OF KING'S BENCH, Jars 21. THE RING V. LORD HARBOROUGH AND ANOTHER. This was an indictment against Lord Harborough, and James Bayley, Esq. for assaulting Richard Adder son, a watchman belonging to the parish of St. George, Hanover-square. The COMMON SERJZANT stated the case : the unfor- tunate prosecutor, he said, was obliged to appear in this instance atiinst a Noble Peer of the realm, and a Gentleman who h Id a distinguished rank in society. It would appear the poor man had been badly used, And lie, Mr. Denim wished that persons in exalted rank would be correct in their conduct and not render appeals to t:.e justice of their, country necessary. In June last year, Lord Harborough was returning with Iklt. Bray, his tricud, to his hotel in Band-street. The