Star. — London, England, 1812-11-12 00:00:00

zAtriniiLlOPArcE. . . falcon r ; STAR-OFFltki .rtvb ottbetra " A Heligoland Mail has this instant arrived, with A n tenigence from the North of Europe, which gives .• still higher interest to the details by the 'Gotten inrgh Mail. Immense bodies of Russian Cossacks have suddenly made their appearance in the environs of Warsavi ! They are supposed to be the advanced detachments of the Moldavian and Volhynian armies, which must t a m advanced beyond Minsk. The inhabitants of Warsaw were in a most dread. fufstate of alarm—the barriers of the City having been shut for several days. A proclamation had been published with a view to restore tranquillity, declaring the fears of the • inhabitants to be ill founded. Their consternation however still prevailed, and an insurrection is said to ,have already broken out amontthe regenerated Poles. We understand that the following additional par. .siculJrs have been received respecting the victory weer the French, and the re-capture of Mascots: Prince Pomarowaxt, who commands the sth corps : Isf the Fretch army, was killed ; and Generals Jots *Ate, Morten, and DARU, made prisoners. Count WlnaraczaonE, after the recapture of . .Moscow, ventured too great a distance in reconnoi. 'fling, and was unfortunately taken prisoner by a de. :filament. General PLATOW, with fifteen regiments of cavalry, had been sent forward towards Smolensk, to act against the enemy in that quarter. With regard to the weather at Moscow, instead of its being fine and clear, as BONAPARTE state s , it had been most uncommonly bad, and the roads were in the worst state. This circumstance accounts for 33 pieces of cannon being taken in the action against Musur. 111., 0 , • • • cocitr chi (OV 'PIT, tritiertHALL, N 1 e. It. •-, Before to Lords COnitnissioners of Appeals in _...wed, wi th prize Causes. ' _ g airope, w hi c h gives The Anna, Papadopblo mastet.—This Turkish co the details by the Gotten- ship; laden with Cotton, was steering for Aricnna e s ~• when she was captured toe the privateer Spectilation, .44111. Captain Jenkins, on the '27th of April, 1810, and mense bodies of Russian Cossacks have suddenly r e fl e c t; to Malta, where the what proceedihts w ere 'ir appearance in the environs of Warsaw %! instituted, and the ship and cargo finally condetnned. loposed to be the advanced detachments From this .sentence the claimants appealed. Their ari and Volhynian armies, which must Lordshipi, in this case, pronounced in favour of the ' Appeal, and directed further proof to be prodnced: vorid Minsk. Maria, Rooter master.—ln this case the claim was c Warsaw were in a most dread. rejected, and the property Condemned. I barriers of the City having i 'Swint.), Serrano master.—There being clear proof . that the property in question was Spanish, the same', published with a view ivas restored; subject to the payment of the captor's , ezpences. , g the fears of the El Paz Volador, Guivalveus master.—This being 'heir consternation ' a case precisely like the Sartiago, the same decree was -ction is said to pronounced. . rated Poles. COURTOF EXCHEQUER, NOVEMBER It. nuteenmas AND OTIIERS U. BODWELL. anal par. Mr. Deem moved for a Rule to shew cause lay ctory the verdict in this case should not be set aside, Sind a new trial granted, or a nonsuit entered, It was an action brought by the owners of a vessel called the Caernarvon Castle, for the recovery of a sum of money alledged to be due by defendant to them, he having received it on their account from the Transport Board. The:Ordnance Board, it appeared, had advertised for persons to undertake the conveyance of a quan tity of bricks from this country to Ireland. The Defendant tent in his tender, ,and was chosen to per form the service. He afterwards applied to plaintiff and other ship-owners, with whom he entered into a i sub-agreement to transport the bricks, which service ' they performed at a stipulated price, and received the amount of their demand. They afterwards learnt, however, that defendant had received from the Board of Ordnance considerably more than he had paid them ; they having received , but 40s. per ton— whereas, defendant had received 58s. per eon; and, in consequence, brought their action to recover the dif ference, on the ground that the plaintiff was merely an agent acting on their behalf. The principal witness called in support of the case was a Mr. Appleyard, a clerk in the Transport Of. fire, who deposed that defendant had come to the Transport Office, in May, 1810, and agreed to trans port a quantity of bricks from this country to Ire land, at 58s. per ton. He furnished the names of the ships in which the bricks were to be conveyed, and was considered as the agent between the ship owners and the Transport Office. It was this-term e agent" used by Mr. Appleyard, as well as it having appeared that the defendant had taken some commision, that biassed the opinion of the Court, and led to plaintiff's temporary success. Ise point of fact, however, Mr. Bodwell was not their agent, but acting solely for himself, and upon his own responsibility. He was the person answcrable to the Transport Board for the performance of the contract, and whatever arrangement he might make I to perform his contract was immaterial to the Board. i The agreement with plaintiff was also different to that I made by defendant with the Transport Board, as the ' former was paid by the ton, the latter by the thou- 1 sand. With respect to the commission alledged to j have been taken by defendant, that was a matter wholly distinct from the first bargain, as it appeared that plaintiffs had no broker in Ireland, and applied to defendant to act in that, capacity for them. He agreed to this, received the usual commission of one per cent. and actually advanced money to them both in this country and in Ireland in that character. lit support of this statement, the Learned Counsel pro duced the affidavit of J. Adams, clerk to defendant, who milde the sub-agreenients with plaintiffs, and who positively swore that they were totally distinct, and had nothing to do with the contract made by de. frftdant• ult') the Transport Board. There was an &her point upon which he (Mr. Dancey) left himielf justified in'ilis motion—it was a point which ()alined ou the tiial, which he then urged as an objection, and Was saved by the Chief Baron. He alluded to the de-', fective evidence brought by plaintiffs as to their owner ship of the Caernarvon Castle. They produced the tegittry of the vessel to prove facts; but he (Mr. D.) cited the case of Frazer v. Hopper, 2d Taunton, p. 5, by which it was decided, that the mere entrance of •the vessel at the Custom-house was not ftrima fade evidence ol'ownership in case of transfer, and that it must be proved that the original owners had given their consent to, that entry. Rule to shew cause granted. • COURT OF RING'S IWNCH I 4IOVEMRER 11. LOB (ON THE DESIMIC as' BZVIN) v. CRUISE.. This was an action of ejectment, tried befit)* Mr. IRISH ELECTIONS. Baron GRAHAM., at Salisbury. Verdict for the de- OTT or Coiac.— State of the Poll, Win.; t Pendant. Coker/ Longfield 918 i Hoe. C. H. fluteldasis 15,9 I , Mr. Serjeant LENss , on behalf of the plaintiff, ap. Sir N. C. C o l t hurst , Bart. 669 1 , plied for a new trial, and stated the particulars of The two former Mere d ec l are d by the Sheriffs duly asetesh I the case in question. The plaintiff, it was acknow- Cos:slat OF Conic, Nov. 5. i • Lord B e r n a r d - 1919 Mr. Ponaonby • *l5 / leclged, had a clear right to the estate, the subject o: I • Mr. Hare • * - 1552 1 Mr. Leader ' • s'III !litigation, if he could substantiate the illegitimacy of COUNTY Or FERSIA'NAGII, NOV. 4. t John Cruise, the defendant and present possessor, Mi ileerral Cole - 29 9 3 I M r . Bri)olte .. t i tvho was born in 1781, under the following circuro cameral Archdall - 1769 I. . . ' .stances : his mother, in whose right he held the pro- CoUNTT 01r, TIPPERARY, NOV. 5. ' 1 WV, was, shortly previous to his birth, at school, in GeneralMithew ~• 1713 I Mr . Prink ' 21114 . the neileibourhood of Devizes, from 'whence , before Mr. & veal . $073 I she had quite attained her 20 th year , she was persua -A Morning Paper of to-day having broadly stated, . ded to elope with John' Cruise, the defendant's fa. _Ministers w e a e i n possess i on o f di spatc h es h om t h e 1 t h er , wh o was music-master at ahe school, and they. Marquis of WELLINGTON—the substahce of which i set out to consummate the marriage in Scotland.--- , they had thought proper to withhold—we can atiutt i They were absent about a fortnight, when they -Te ter Read is that no dispatch has arrived from the I turned, as coming from Scotland, as man and wife, slfarquis of WELLINGTON of a later date than the 11th' and were received as such by the lady's friends. Of October, and no account whatever of the affair of : They lived together several years, the defendant be 'llielBth, at Burgos . (as mentioned in the Paper al- : ing the first fruit of that marriage. After some years laded to) has been received at any_of the departments they were separated. It appeared, however, that of Gove rnment . 1 she received an allowance from Cruise as his wife, e. Friday .. J. Kerr, seaman of the Rhin f r i ga te, and • and that he always required the person who paid it ii. Mathews, alias J. Heath, of k the Favourite :loo p o f to see her, and ascertain that she was living. Whilst ivar, Were tried by a Coiirt-martial, on board the Sal- I separate from Cruise, she said, on more than one oc. rad I ;akin that they had not been married ; that they or del Muedo, at Plymouth, for desertion. They c • ' were both fundguilty the former sentenced : - ceive 200, the latter SOO, lashes, and mulct of their pay and priae.money. It is stated in ire Waterford P qtETda* that ie . aper received and J , Mr. 1 HOTTER'S late arrest was for debt , stet. D ri oJ upon any charge of Dequenting Hiegel : ' did not go to Scotland, but stopped short on the road ; and that Cruise gave her a piece of paper, ancl said that would do, without going furthiu• . This was the evidence produced at the trial, upon which yes - i the Jury found a verdict for the .defetWina. • The Learned s eijeant. now contended . t this was not i evidence infhcient to substantiate n 4, l( 1 o s, as stated in sonae of the Dublin Papers. t• . • duo 'bey should have ticedSOnle 0 r giumacy i We have seen an American Gentleman who has inst arrived from Paris ; he informs us that the American Minister, Jost. BARLOW, had set off for the lead•quarters of the French army, for the pur pose of personally soliciting from BONAPARTE 12 bail of the line and 36 frigates, to be manned by Arne rims. He also informs us, that Paris was in a most agitated state when he left it, and confirms the fepbrt which was received a few days since, of the death of SAPARL MIYAL IIV7,ELLIGANCIL PALMOUTS, •NOVEMBER 9. nothing arrived cr sailed to-dayibut two merchant- Thee, the Gertrude. CUNDY, for Malta ; and Nived, Vow, for St. Michael's:—Wind S. fresh breezes. PLYMOUTH, NOVEMBER JO. SAiled the bliststoo cutter, for the 13rest station ; idtd CASTILIAN, 18 guns, for a crnize in the Channel. Arrived the HANNIBAL, of 74. guns, from off Brest to refit; CONQUEST, 14 guns, from the Eastward; and FoninNaz, 36 guns, from St. Andero, with inz 'portant dispatches. PORTSMOUTH, NOV. 11. Arived t}le Tnnenciare. frbm .Lymingtone brig Agenoria, Cattain HAY, has had her damages repaired, and is nearly ready to proceed for London. ...Wind S. W. fresh breezes, but dirty weather. P. S —The CoQuzers will positively sail from hence for the West Indies, with the ships that are round, the first fail wind. DEAL, NOVEMBER 11 I. Dt Caine down 'rim the River the Hanover, ADAM RON; Rose, OLYDSAL; 84 the . West Indian, Daw.. soy, for Jamaica; and the Augustus Czsar, SMITH, for Malta. Came into the Downs his Majesty'S schooner tARDADA, from a cruize ; and HOHATIO, from off the Scheldt.—Wind S. YARMOUTH, NOVEMBER n. Sailed the STAHLIND, with a convoy for the Baltic ; send the HEARTY, for off the Texel.. • Yesterday a Cputt of Directors was held at the La India House, when the following Captains were sworn into the command of their respective ships, viz. 'Captain C. 0. MAYNE; of the Atlas, for Madras and ( Una ; and Captain H. M. SAMSON, of the Metcalfe, for Madras and Bengal. m • 'proof of the tliatriatt, •et the vedid should have been the other way. . Lord Et.t.exaortottekt otsefeed, the pariaents Of the allowance by Cruise, after a separation, Was strong proof that the woman had % legal claim upon him. It had been entirely a question for the Int ; they bad decided it in favour of the tharriare, an 4 41ortld the Court send it back again, they would most likely come to a similar decision. Rule refused. Prt.rame v. BARBER. • This was a ntotion to set aside a verdict, even at the last Assizes for the county of Hants, atWinches ter, and to recover the sum of 100 guineas, under the I following circomstances The plaintiff, whose name is Mary Felcamp. and who is a mantna-maker at Gosrott, having heard that a child had been stolen from his par, us in Lon don, and that suspicibn had fallen upon some woman in the neighbourho id of Gosport, who had a little hay answering the descs iptinn of the child lost, gave information of the same to the defendant, who is keeper of the Bridewell at Gosport, desiring that he would not meni ion her name in the transaction, add ing that she did not wish that her knowledge of the circumstance should h e made public. At this time a reward had been offered for the diFoireiy of the child of 100 guineas. • The defendant, whose name is Barber, readily Re: quiecced, and in the course of a few days it was as. certained, that the child in question was the very infant who had been stolen from its parents in Lon- , On, and that event was established, and the child rettittlea ti its parent's, as our Readers must recol leet.—The plaintiff, who considered herself as being entitled to the reward, applied for it, but heard that the parish officers had given it to Barber, the defendant, and she therefore brought her action against him for the recovery of the said 100 guineas paitl to him in her stead by the parish officers of • I Gosport. On the trial the Jury gave a verdict for £3O, in stead of 100 guineas, and Mr. Gazelee, for the de. fendant, moved that the verdict should be set aside, contending that if the plaintiff should appear en titled to any thing, it ought to be 100 guineas or nothing. The Court heard the case with considerable 'atten tion; and Lord ELLENBOROCGIr remarked, that; taking the arguments of the learned Gentleman into their extent, against the plaintiff, and for the defend. ant, he was entitled not to £3O, but to £5O, half the premium; as it was clear that Bather could never have had any information about the lost child, if the plaintiff hid not furnished him with it, hut being of opinion, that the defendant who got the 100 guineas would, after this discussion, see' the justice of the case, his Lordship consented that the Rule should 'go.—Rule Niri granted. ward vow, mettle ' `ground of the plaintiff not latter of two letters writt Memel, and received b?fore from which concealment, defendant was ifnacquai• of the ship at slmc of touch. The Learned Set the letter in question was rather have determined the policy. as it only stated agent's baring got dock], 3; An Consnl 4 which woit'. St. Petershnrth to the necessary voyage. and there was notll to think t h at the voyage • nItIXE 4. TB This was an action on • ship Mary Anne, bound east of Portsmouth, in the been tried before Sir Vicar. tered for the plaintiff, nn ' the Jury) thar an erroneoi broker. and not advanced clerwriters, was not suffici error was about the time front Messina; yet she h•u three days previous to the Sir VICAItY GUMS stir nion ; as it appeared, positively known the time vessel, between the signior sing of the insurance. The •hew cause. COVE b• A Quaker, of the name Bar to m tke a motion, in cAnse why a verdict obtai iendant in an action foe aside, and a new trial tr.o The Court heard him the utmost patient'; althoi strictly decorous. When MAN:Mint), with the inmost him that the Court had attention, and wished it der him any service, the to reconcile his mind to the according to law, and trial, conducted by himself, ning ; he could not complal but the Court could not, it, the defendant by di sturbini ASPINALL V. 11 kRRISON._ Mr. PARKE moved for a Rule to shew cense why the verdict in this case should not be set aside, on the ~ aground of excessive damages. The parties were both 1 Attorneys of this Court, and the Defendant, as was proved by a single witness, went to the office of the Plaintiff, which he entered with his hat on, and ob served, that it was a d—d shabby trick to arrest him and M'Kenzie. The plaintiff answered, that he had indulged him for several years ; ors which Mr. Har. riqerf pc, 0 him a blow, and for this the Jury Retarded £5O, winch seemed to him large and outrageous da mages, whereto injury was done. He did not mean to ray, that ngreat insult had not been offered—tn men in particular situations, the holding up the band in a menacing ~manner, was a high offencea—bitt, although an Attorney, who conducted himself cor rectly, was .a very respectable character, still he ' could sot bast look on the damages in this case as ex. cessive. . Lord ELLatmoaououshortly recapitulated the facts disclosed bn the trial. The Defendant went into the Plaintiff's office, with another person, keeping his hat on in a disrespectful manner. He said it was a d—..d shame to arrest him and WEenzie. —The Plaintiff observed, he had excused him for a long time. Harrison then went up to the Plaintiff, give him a violent blow in the neck, and knocked him against the wainscot, which prevented him from ,falling. Defendant was then desired. to quit the office, but he said—" I will take my time about that, and I will not go without my bill of exchange;" nor would.he depart until a Constable was sent for, and then he called the Plaintiff a d—d scoundrel.— " I recollect" (said his Lordship) 44 a cause, where 8200 damages were given for a blow struck in the theatre, in.consequence of the Plaintiff nottaking off his hat when a cry of " hats off I" was raised. It appeared that he was a GentlenQn in the suite of the Swedish Ambassador, and did not understand the English language. A motion was afterwards made for a new trial, but the Court refused to disturb the verdict. Really, Ido not think there is any great hum in making Attornies, in their converse with each other, which must often necessarily be of an adverse nature, behave witly. the decorum and pro. priety of Gentlemen." , .. Mr. Justice GKOSK-14 It is a good precedent for insuring peace amongst them."—Rule refused. LAL•za o. GALE. Mr. Serjeant PELL obtained a Rule to shew cause fora new trial of this case before Mr. Justice CHAP- i 'llOll l . at the last Devon Assizes. It was an action 1 upon an agreement for the sale of an estate, one of the terms of which was, that a draft of the convey ance should be delivered within three months from i the date thereof' and the question was, whether this 4 meant lunar or calendar numbs ? The draft was de- i livered within three calendar months ; but Mr. Jus- 1 , tice CHAMBEZthout must be three Juan months. There was nothin g any other part of the agree ment from which the meaning of the parties could be. collected, nor was there any evidence of custom.— The circumstance could not affect the purchase money, for that was specifically to be paid on the 24th of June. -t Ey COURT or comporn4 PLEAS, OCT. U. . • YOKKAIria fit. BONHAM. Mr: Serjeant Suermearr obtained a Itule, to *hew cause why the verdict for the defendant in this case should not be set aside, and a new trial granted. The case had been tried at the last Sittings before Michaelmas Term, at Guildhall, and was an action, on apolicy of insurance effected on the ship Provi. , deaths, bound from 1,..0nd0n W Mernel,Revel, an/ , Cronsta*, at, which last place ; sbeeme to take in n home cargo. The policy was effe ct aii on tht lion*. GEORGE V. this was a mntion to yr ney, and the judgment wh;_ it. Mr. Sertant Ben stated. a scholar of ; ng's College, to town on one occasion stopped at the Star and . diuner, when they had got tain Wallis, and a friend were ushered into the root proposed cards. They pl, Captain Wallis.prop^Xd' Stanley declared his ignorat soon to he taught, and thr o'clock in the morning, ' lost 4'300 to WAIN, and and AM% Soon after Brighton, whither Captai threatened to post him it libraries of that place, if ney. So situated, Mr. bills, for £lOO each, wl when they became due. waited upon by a person Captain Wallis's Sodcirr give two new bills, and attorney for the amount, petices. The jtidginent lowed up, and St tnley The present motion way on the warrant might be itself riven up to be cancell granted. SPORTING LAW CASR.--011 the 2J of November instant, a Writ of Inquiry was executed , before the Sheriff of the County of Hertford, in a cause la which the Earl of Essex was plaintiff, and Mr. Ri. chard Taylor, of Bull's Lands, near Rickmansworthi p VIAs defendant. The Attorney for Lord Essex stated to the Jury. that this action had been brought by his Lordship to recover damages for a.trespass tonitniued by the do. Pendant at Casliiobury, /hale hunting with theßerires. ley hounds I that though his Lordship had brought . penal actions against different members of the Heat, inlome of which he had consented to take nonaindt dathages, and though he had, by every means in hie power, notified that he would not permit any pence who was following the hounds to trespass upon - hie lands, still that he was subject to frequent doped*. tiona, and that his Lordship was determined to take such steps as would effectually prevent a repetition of these offences. Two witnesses were called, who proved that they SAW the defendant side over a field of clover which is in his Lordship's occupation. aim belied been warned not to do Fo. ~,,, The defendant's Attorney, in 'addressing sheJarpt admitted the trespass ; buestated. that the isistidade had inadvertently gone over his Lordship's field rise 4 that he was. indeed, ignorant oldie Linda which hie Lordship occupied ; and he trusted, thatisi no sew WA damage had been proved to 211 y extent, the MT would not give more than la. damages. The Attorney for his Lordship, to his reply, ob. served, that every min, while he was hunting, pro. ceedeil at his peril ; and that he was, by the law of the land, bound to know and respect the properties°, others i and that ft had rial,ly become a querahaqp whether his Lordship was to be allowed the mugs. • turbed possession of his own lands, or quietly to sub. mit that the Berkeley Hunt should paricipate witjk him in the enjoyment of his estate' J awl he con* - ded by hoping, that the Jury would give such de. ; nasigea as would operate as a warning to tbs. mei* composing this Hunt in future, ..,,, „,. . j After the evidence had teen suenanso ap i lh as Sheriff, the Jury gave a verdict for LW damages.., There was likewise another gem brought: by . same plaintiff, against Burgh Leightbn;koq, u p the sanse_cirmtinetiarresnd the Jury *0 mare a v dict for ilb an this CARS,. ' ..••••• ••. ~t . . .. L . . . # • a *mart atilt ottaideaf a hit sot having communicated itttn to him by hit agent a fore he effected the insurance it, k *as contended, that th tinted with the,torther deb the ports where she was't. ierjeant stated, however, th S such as, if produced. wool. i the ctlendant to complete th d the circumstance of th aments, attested by the Roo old give additional efr-vt in i necessary peoteedingl of the oth:Ilz which le4 the avored, would be delayed 411 winter. PSITOER4T9WF.. a policy of insnraoce on the • from . Messina to 'any port 're Channel. The cause hAd :err Gibbs, and a 1 4 seclict ee- n n the ground (as he stated tio .otts ,toirtion, formed by the , dby him a fact to diens. cient to annul a policy. The r of the departure of the ship ' d sailed from Falmouth only it effecting of the insterance. ill maintained the same opt. inwever, that tile broker had tithe of the departure of the rig of the label, and the etrec. the Court granted a Rule to a. WRIOITT. le of Cove, appeared at the a person, for a Rule to she* tined against 1 im by the de- tf trespass, should not be•set .tntel. t at considerable length with lthough he was not always m he had cnncloded, Sir most benevolence, fnforme4 heard him with the nonuse ` were in their power to fell- greatest of .which would 1* the verdict given by the Jury, according to evidence. Hie elf, had lasted a whale mor. nplain of a denial of justice % in order to serve him, injuft {ring the verdict. V. STASILEY. • Stt aside a watrant of attor' rhich had been folloited upon sated, that the defendlnt was ;e, Oxford; and whencomibg with a fellow-student, they Garter, at Richmond.' After got heated with wine, a Cap nd of his, named Twisdale, 'oom, and they immediately played fcfr 'rune time, whets . d' to, play at hazard, Which orance of. However, he was they played till four or five by which lime Stanleyhad his ehmtardnn hetireetnE3oo this Stanley went down :aim' Rallis followed him, an in all the coffee-houses and f he did not pay him -thimn. Stanley gave him three 'boil which he was unable to . He was, in consequen n named Oliver, the cleric who prevailed on himlo 'consequently' it 'warrant of [,'besides Jr 17 Cyr his own rt. on the warrant was soon fa- r was throin into ptisnn, "; was made &It the judgrttent. e art aside, and toe wa rrant to -s tr caus4 :.—On the 2J of November airy was executed , before the of Hertford, in a cause its sex was plaintiff, and Mr. Ri. Lands, near Rickmanswortiap V