Star. — London, England, 1826-11-20 00:00:00

1- i >v L ~ Worn the / 1 , 1806 until • Millen.; foiagtii ate mea 'sures were taken for t purpose of proving the plpi I's 6 to this 'p . ; a suit was instituted lljt the or Chewer .. y:l Fla ,to establish the va lidity k itxth e Widow ' ~r 4! decree Obtained io her favoar ; while, by the ererthms of the agents * Mr. -Dorridn, the widow orSololson was indeeed to sign a 'proxy of renunciation. Every paper necessary to esta blish the tide of Mrs. Movies, with a power of attorney' to sell, were transmitted to Korf, and by him banded over to Dorrien, in a short time after the first applica tioo. No steps, however, being taken immediately by Dorrien, Korf soon after dying, and the matter stand-, rag over, the Widow of Movies, finding the money not forthcoming, applied to the widow of Korf, her rela lion; and deputing to her thepowers as her agent, for merly intrusted to her husband, begged her to procure ) st settlements Mr. Dorrien, in reply to a letter from Mr.' Ogle. the 'solicitor of Mrs. Korf. in November, 1825, leformed her that he had been unable to procure further papers or documents upon the subject, and that he would hand over any he possessed, upon the' inyasent of 171. which he alleged to be his expenses—'. five pounds of which were commission, and eleven 1 pounds the costs of proceedings convected with the 'subject in Doctors' Comthons. Notwithstanding this 'declaration oT his being willing to give up the papers, bpon ptiment of his costs, in November, the de fendant in the folioed:lg January actually took Out let: tern of admin'is'tration to Solomon's estate himself, and 'upon that authority proceeded to sell out and convert to his own use the whole =min question. Upon this fact Iteeoming known, Mrs. Hort addressed a letter to Mr. 'Doreen on the subjeet of thetiaim of Mrs. Movies; and to her surprise, and to the surprise of every one who beards it, received in reply a note from Freshfield and Co. Mr. Domen's solicitors, in which the selling out was acknowledged, and Mrs. Korf informed that Mr. Dorrien was snot aware of there being any claim upon the property 'on behalf of the person she had tnen ‘icined; so' hat, after acknowledging the claim in No vember, by offering to surrender the papers on the psynsetit 'of his tows, he, hi 'the following January, 'converted the whole atin to Ms own use, by selling out 'on his own letters of administration, and denying he knew any thing of the 'claim of the very same person. The Learned Counsel then animadverted in very strong language upon this condett of the defendant, which he *characterized as disgraceful to the character of a man, and degrading to the reputation of thew hole mercantile 'community. The defendant had, in his answer to these accusations, alleged that 6 , lomon was indebted to him to a very gteat extent, and that there was a special agreement between him and Korf, upon the commence ment of the ptoceeclings to recover the money ; that if they succeeded, the money was to be divided between them ; but how he could reconcile it to his feelings to take the half, even under these circumstances r of money which belonged undoubtedly to anothei, was a question which he could not easily answer. But that was not all, allowing that, as according to his own 'hewing, the defendant was to have half, he had, it was seen, sold out the whole, and, when applied to by these poor fo reigners, denied, through his solicitor, that he was aware of their having any claim at all. How he could bring himself to swear to facts so damnhitto his own charac ter as those contained in his answer, he (Mr. Sugden). could not imagine ; but be hoped, for the saki of the reputation of a British merchant, that his Honour would, by a decree of that Court, shew that justice was admi. nistered in an equal manner to natives and foreigners; and rescue the country from the aspersions which such proceedings were likely to cast upon it. • Mr. ANOZRTott, for the defendant, hoped to be able to remove from the mind of the Court any imputa tion which it might have received front the unrea sonably vehement and acrimonious statement of the two Le/ailed Gentlemen who preceded him, and engaged to shew, in calm and cool consideration, that Ms clients conduct did not by any means warrant the epithets which had been applied to it. The trans -Actions, it appeared, had occurred a long time ago, and 'he begged his Honour to consider, as a very material fact in the case, that there were two sums of 5001. very differently situated. That was a distinction he wished to be remembered as a matter of some importance.— His client had, years before, vindicated his claim to this -Money, by instituting a suit, and causing a notice to be inserted in the books of the Bank of England, for the purpose of allowing any other individual who might tome forward, that such claim existed, and he had done so, because Solomon, in all his dealings with their house, had spoken of that sum as his own property, and drawn the dividends as for his own use, a circum stance which materially tended to procure him that credit with the firm of Dortieth which had finally been productive of so much loss. This assertion of a right on the part of Solomon, and the very doubtful nature of Movies title, together with the abeyance, as lawyers would term it, of the dividends, rendered it very natural, on the part of his client, to think that the division which he proposed to Korf would be an equitable adjustment of their respective claims ) particularly when, whatever might be the proof with respect to one 'OM being the property of Movies, it was vety slight with regard to the other. His client, Mr. Dorrien, assumed the management of the proof, and all subsequent proceedings at his own expense, only on condition that Koff would accede to that very admission which he thought equitable, in their relative situations. Whether his Honour would think that was the proper course to have been pursued in as serting this right, it was not for him to say ; but it ought to be recollected. that the whole renunciation of right upon the part of Solomon's widow, by 'which the money was fi nally drawn out, was obtained by his client's agent. and at his expense. The whole proceedings were, incom pliance with the agreement, made with Korf; and the simple question was, whether there had been any depar ture from that agreement? Upon that part of the subject it would be only necessary to observe, that Karl's wife bad no authority to treat or act as agent in any way; and, therefore. Mr. Dorrien had acted perfectly right to take out letterset administration in his own name, *ever having, however. denied us Mrs Korf, although site bad no right to demand it, every igformatios she thought proper to require with regar d to the proceedings in rot covering the money. ltie Sloan thought that the course pursued by his client wettest the right one, there might be some ground, he co fessed, for requiring the Money to be paid into ; but he saw no reason who the mower of Mr. had been stigmatized, and held finds to the an shuffling and evasive. when it fairly , and 4iNdy !rowed his whole course of raritedcesdinie in evmr stage of the transaction. The Gentleman concluded by expressing his regret that it bad trot fallen to the lot of some abler person to reply to the highly coloured statements of the Counsel for the Flamm% and declared that his client had always t . ' j t~4 ~~ ~~ r ~~~ ii 'saidAse 11111$ te satisfied as to the title of Movies, for; he hacra claim upon the money' ns the property or Solomon. ' The Viet CHANCILLOA, in giving judgment, said the Court was..pot then in condition to give any opinion' upon 4e'clladuct of the parties, because it was not is possessioniefthe evidence which might support or inva lidate the statements on either side; the simple question, then, was, whether there was such a case made out as would call upon the Court to order the money to be re. tailed for the purpose of abiding the consequence of further proceedings ? In his opinion there was such a case made out, and he therefore ordered the money to be secured in Court, to await such proceedings. The money was then ordered to be paid into Court within , a fortnight. COURT OF KING'S BENCH, Nov. LISIII.TIME MIN Ilea Mr. SCARLETT moved for a rule, calling upon the Editor, &c. of the John Bull Sunday Paper, to shew cause why a criminal ifsformation should not be filed against him for the publication of a gross and malicious libel against Mr. Hebers, the late Member for the University of Oxford. The eh-elm:stances upon which' the application of the Learnerttounsel was made were briefly these r-r-A Gentleman of the rame of Charles Hartshorn was, during the years 1824-25, graduating in St. john's College, Oxford. This Gentleman was of the first connexions, and of the most unblemished cha racter ; so much so, that at the time Mr. Heber: was visiting at Oxford, at the last Spring Assizes, his private tutor took the opportunity of introducing him to the plaintiff, as a young man of great literary attainments, , and worthy the friendship of their late Member. This introduction was highly complimentary to Mr. H. and he felt so grateful to the plaintiff for the kind recep tion he had met with from him, that he took the oppor tunity of expressing his gratitude in a series of very beautiful Latin verses. This elegant compliment led to a Friendship of the most honourable Lad disinter ested nature between the 'two Gentlemen. Shortly after this first interview, Mr. Hebers entreated Mr. H. ro come and pay him a visit at his house in London.— The latter Gentleman accepted his invitation and came to town. Mr. H. knowing his friend was of a decidedly literary turn of mind, took every opportunity of intro duciog him to those literary circles, most eoegenial to men of letters, in a word, he treated him as a brother. They dined together at the house of a common acquaintance, and the Learned Gentleman supposed the viper, who had spread the poison complained of, had imbibed it there. In the August of 1825, Mr. Hebers quitted England, but previously he bad introduced Mr. Harts horn to the Earl of Guildford. This Nobleman having occasion to make a tour in the September following, he proposed to Mr. H. that he sisould accompany him.— They travelled through Tut key and Asia Minor in each other's company, and whilst on a sojourn at Constan tinople, a Gentleman waited on Mr. H. from Mr. Heber:, requesting an explanation of certain paragraphs which had appeared in a London Newspaper, deroga tory to his character as a Gentleman. Mr..Hartshorn, in his affidavit. swears in the most positive manner that he knew not what-the nature of these paragraphs was at the tithe--be even did not know that Mr. Hebers was on the Continent, or in fact where he was. But on receiving this communication, he immediately set off for England, and arrived in this country in September. He there found a letter from Mr. lichen, dated Lucca. This letter referred to the paragraphs in theJohe Buil, in which their names were so disgracefully coupled, and from the indignant innocence with which his breast was armed, be immediately answered the letter, declaring his ignorance of the author of the calumny. Mr. Hartshorn had acted with the most exemplary honour throughout the whole trans. action. He authorised a mutual friend to receive Mr: Heber's answer, and to read it. This answer speedily arrived, and it intimated the writer's intention of imme diately returning to England, to clear up the matter. This letter was circulated amongst the acquaintance of both Gentlemen, and it was from the advice of these persons that the prese,nt application was made. Mr. Hartshorn solemnly denies any concurrence in the pa ragraphs in question. They were calculated to blast the laurels gained by many a years' laborious study; in a word, to throw a mildew on the prospects of both Gentlemen during the remaining years of their life. The libels complained of were then read; and the rule to *hew ewe granted. THE EVENING STAR. LONDON. MONDAY, NOVEMBER 20, 1826. STOCK BXCHANGR, TWELVE O'CLOCK. The Consul market does not appear is so lively a state as on last Saturday, whew they left off at •44. for the Account; and they opened this morning at •4i for the Account, but soon aftet turned seller, at Sq. Up to the present time, they may be quoted at $4 to I tar the Account, and for next time $4l d. The business doing, up to the present time, is not of consequence, as the great erect,- laws arewaiting for the Ktsm's Speech, to be delivered to-morrow. A defaulter has been announced this morning. a Hebrew, whose de fitieney ts from four In Ave t►ousand, which is not looked on as of much consequence. The Foreign market is also dull tid► morning, and not much doing, but the chief speculation is in Greek Bonds, which are kupro•ing. Current prices t Old Spaniel' 131 14, Mezlean 67} is, Colom bian 411 421. Milian 39 40, Peruvian 34 36, Russian 671 664, Greek Bonds 190 20, Brazilian 0667. • PRICE OF STOCKS AT TWO O'CLOCK: Bank Stock 206% 204 1 / 2 S iwr Cent. Red. 83 1 / 2 % 8$ 3 per Cent. Cons. 84 1 / 2 83% 8414 83% per Cent. Red. 89 1 / 2 1 / 2 1 / 2 4 per Cent. New 99% 54 54 53; 4 per Cent. 1826, 97 1 04 34 34 Long Ann. 19% 9.16 India Bonds 42 40 1:1,000 Exclieq. Hills 21 23 I:800 ditto 22 24 4300 and 4"200 ditto 22 24 Cons. for Ditto 8454 88 1 / 2 84 1 / 2 83% FRENCH FUNDS, Para, Nemeses 16. Five per Cents. • . 99 1; s s c . Three per Cents. . . 711. soc. Dutch Papers to the 18th November supplies the following articles: UTRECHT, Newton's i& From the reports from Groningen, of the 14th, it ap. pears that tram the 19th to the 13th inclusive. the num- ber of deaths in that city was seventy-five, vie. forty five old, and thirty young persons; a number which Joes not ro.lise the hope that was entertairlt•d of a dinsi-- nation of the mortality. The accounts from F►iesland are also afflicting. At Engwirden, of a population of 1,463 persons, there were &boil 1,009 lifck ; at Ni colaaigl all the inhabitants ate sick. BRUSSELS, Newman, 14. M. Cathcart, English Ambassador to the German Confederation, has arrived here from Frankfort. HAGUE, No ones IS. The Committee for the relief of the distressed inhabi tants of Friesland, has addressed a long and melancholy report to his Excellency the new Governor of the Pro vince, dated Leeuwarden, November 12. The report describes the distress which has afflicted the province in the short space of eighteen months, first, from the inundation which laid 100,000 acres of land under water, and occasioned a loss of above three millions of florins, and now by the terrible disorder which has car-' vied off so many victims. The report enumerates many towns, and states the number r 1 deaths, and the present situation of the places respectively: There seem to be very few places where any abatement worthy of notice has taken place. ANTWERP, ?hymns 13. Several custom house officers and a merchant's clerk have been :incited here yesterday and to-day. It is said that the number arrested is six, and that they are ac cused of great frauds on the customs. OSTEND, Nova:aga IL The officer who commanded the detachment of artil lery on the 19th of September, the day of the explosion, was examined again the day before yesterday, and taken to Bruges the same day, under the escort of an officer of infantry. Italian Papers to the sth instant have been received. The following are extracts : N A PUts, °nom 26. His Majesty having resolved to make some changes in his Ministers at Foreign Courts, hai been pleased to appoint the Prince of Casaro to the mission to the Em-' peror of Austria ; the Duke de Florida, Prince of Par- canna. to that to his Catholic Majesty ; and the Marquis de Gagliati, to that of the King of Sardinia. His Mas jesty has been further pleased to make the following promotions:—The Chevalier De Castro Ruffo de Prin• cipi de Castelcicala, is appointed Minister Plenipoten tiary to the King of Prussia; the Commander D: Paolo d'Ambsono, is appointed Charge d'Affaires to' the Ottoman Porte, in the room of Chevalier De Giu seppe Romano, who is called to other functions. The Commander De Vincenzo Ramirez, now Secre tary of the Government in Sicily, is appointed Charge d'Affaires to the Court of the Netherlands. On the 16th of this month, at half-pa , t eleven rM. a very smart shock of an earthquake wa4 felt in the Commune of Palma (Calabria Ultra Prima), which was soon followed by another equally violent. These shocks were felt in all the adjacent country, and the regularity of their motions is supposed to be the cause .of their having occasioned no damage whatever. CEPH A LON lA, Ocroaea Sir Frederick Adam, the Lord High Commissioner, is every moment expected in Corfu, on his return horn England. His arrival is impatiently looked for by all ranks, of persons, as they know how greatly he feels interested in the prosperity of the lonian Islands, which owe to his care and to his judicious and wise measures a great part of their present prosperity, which is proved by the ate ict.administration of justice, the improvement of agriculture, the activity of commerce, the new ma nufactories, the roads, public instruction, dtc. This Island has the good fortune to have for its re sident, Colonel Napier, who perfectly fulfils the object of his mission, and is very useful to the inhabitants, by whom he is highly esteemed. French Papers to the 18th inst. and the Voile of Saturday, have reached us. It would appear from their contents, that the Pawnee: of HAY'S' has perceived the impolicy of the treaty concluded with France, and availing himself of some law or other, had ventured to abrogate one of its most important articles. According to these accounts, instead of exclusive advantages being granted to French goods, they are to lose, on the lst of January next, the exemptions to which they were entitled by the treaty of last year, and the import duties were to be equally high for all nations. Letters from Chuquisaca, capital of the Republic of Boli via, dated the alb of July, state, that the act of recognition of the independence of that Republic by Peru, and the Constitu tion proposed by the Liberator, had been brought to the Grind !Arabs), General Sucaa, by the son of Sir Korea: Filmy, Sours a's Aid-de-Camp, who had travelled 576 leagues of dillicult countries in the short space of nineteen days. The Grand Marshal instantly rewarded his activity by bestowing upon him the rank of Lieutenant-Colonel, and selecting for doing so the birth-day of the Liberator. The Deihl contains sonic information front Odessa to the end of October, which says that the Divan bad been assembled several times, to consider whether the acceptance of the additional Convect. don, proposed by the Russian Commissioners at Akermann, should be ratified. Nothing of a decisive nature had taken place; but it was thought that the Porte would not endanger her security by departing from the treaty which be r Plenipotentiaries bad signed. A Lisboa Mail arrived last night with Papers to the 9th instant. Their contents relate chiefly to the proceedings of the Chambers. The PIWICISS 11101 INT bad selected the Bishop of Comes& to be President, and Senbor Jose Anemia Gusaamau to be Vice President, of the Chamber of Peers. It was also agreed in that Chamber, that an Address should be presented to the King, Don Paseo, thanking hint for having granted a Charter to Portu gal. In the Chamber of Deputies, the Minister of Finance read a Report, from which it appeared that there was a deficit in the Budget for neat year of WOO Cantos of gas, but that means would be found to pruvide for it without any direct contribution. He consequently submitted three proposals to the Chamber, which were ordered to be taken into consideration and to be printed. Ail Address or thanks to his Majesty Don Paean was also adopted. Two Committees were then appointed, one of Finance, consisting of nine Members, and the other to consider what laws were ne cessary for the fuU execution of the Charter. In the preceding page we have inserted a very in. terescing letter on the propriety of erecting a County Asylum, for the pauper lunatics of this County, ad. , dressed to the Magistrates of Middlesex, by Sir ANDREW HALLIDAY. There is no subject that ought to claim our more im mediate attention as men, or our more serious considera tion as rational and accountable beings, than that which concerns the well-being of a portion of our species, in which the ravages of a fearful disease have made, as it were, a wreck of the human soul, and left them without the power of either ca:ing for themselves, or of calling upon others to sere for them. The profligate and the guilty are too often able to excite our pity and compassion, by their urgent appeals to our better feelings, even when we know that their sufferings are merited; but the heart .is never assailed by any tale of woe from the raving madman, or any demand for compassion from the harm. less idiot: the former, in most cases, will heap curses upon the head of him that, for his necessary preserva• lion, interferes in his concerns ; and the later is too often left as a thing for the vile and worthless to scoff at. It is therefore only from the best and purest feelings of human nature—feelings void of all that is selfish or iia terested, that individuals are. and have been, induced to persevere in their attempts to ameliorate the condition and improve the treatment of the insane poor in this country : and amongst many who have started forward as the friends of these most friendless and long wretched outcasts front society, we know of no one that has been more steady in his pursuit of the object in view, or hAs adhered to it with a kindlier heart, than the aathor of the letter now on our table. From various accidental circumstances, Lord Ro• WIRT SZYKOUR, " a Nobleman," as the Author has justly stated, " whose exertions in the cause of humanity have'never been surpassed,"—we would say a man after his own heart—was led to observe the crowded and un comfortable state of many of the Private Mad Houses in the vicinity of the metropolis ; and as it was known that the greater number of the insane poor of Middlesex were confined in these houses, and that notwithstanding the enormous sums levied by the parishes for their maintenance, their treatment, from the overcrowded state of the asylums, was very defective—the question of erecting a County Asylum, under the authority of Mr. WYNN'S Act, was then first mooted by his Lord• ship ; and a return was called for by the Clerk of the Peace, of the number of insane poor is each parish in the county—the places where they were confined, and the sums actually paid for their maintenance in each place. The totals of this return, as stated by Sir A. HALLIDAY in his letter, are " 700 paupers in confine ment—about 600 of them in private mad4souses, 50 in public hospitals, and the remainder in parish work houses," while the annual expense exceeds 18,0001. These are important facts, and though we agree most fully in all that has been stated by Lord Rostra &widow: and others, as well as by the Author of the Letter to the Middlesex Magistrates, as to the humanity and propriety of a County establishment, we must confine the few remarks we have to offer to the econ. my of the measure ; —we would rather appeal to the purses of our readers than to their passions—to their personal interests, than to their humanity. We have it slated here, from authentic and official documents, that 700 insane paupers cost the in habitants of Middlesex upwards of 18,9001. for their maintenance in private asylums. Is the pre- sent system, then, proper, we would ask, supposing it to ,be equally beneficial for the poor themselves, as that which exists in other comities, where public asylums have been established ? We answer, without any hesi• tation, or any kind of reservation, that it is not 6 and though we do not go quite the length of Sir A. HALLIDAY, who states that one-third might be saved, we have no hesitation in affirming that, even sup. posing the Magistrates, instead of raising the money for building by assessment, were to borrche 100,0001. the whole annual charge for the maintenance of the insane, in a County Asylum, with the intetest of the money borrowed, would be considerably under 18,0001. The total expenditure in the Wakefield Asylum, which contains two hundred and fifty patients, was 4,7991. 3s. In the Lancaster County Asylum the charge for a pauper lunatic is 7s. 6d. per week ; and in the York (City)Asylum it is only seven shillings; and in Edinburgh, the average annual expense of each indi vidual in the Bedlam and Charity workhouse, which are under the same management, is 91.105. 6d. These are facts, and we offer them to the consideration of our respectable Magistracy, and in corroboration. of the statements made by the enlightened and kind-hearted Author of the letter addressed to them, and, what we consider of more importance, as a strong inducement for Lord Rosser SEYMOUR and his friends, to persAvere is their humane endeavours to have a County -Asylum established. Sir A. H. states in his letter, "that by kindness and proper medicine there is often less difficulty in removing insanity, than manyother dise4i.es of which the faculty have long entertained juster notions;" and " that in proportion as proper treatment is adopted, the number of the insane will diminish, and the expense of their maintenance be lessened." In all these we cordially agree with him, and we trust there is not one of our nearly SOO County Justices, wh ether stipendiary, or of the body of the greet unpaid, that will venture to eon travert our assertions. _ CITY, TWO O'CLOCK. The Coned Market has become rather heavy within this hour, Consols which were done at the commencensent of the Market at ll4i for the Account, have since receded to 831,which is a fall of I per Cent. and may be quoted up to ate present time at 83f j (or the Account, and 1141 for next Account; this sudden fall is not attri buted to Political information, but merely through the fear that the .Bears will not be able to pay their differences at settling day, as there has been already a fluctuation in the Account of 41 per Cent. It also appears that the• Public are realising their refits. Consols km done at $5l I for the Account. _ _ In the foreign Market South American Securidee have somewhat improved, and remain steady. There has been some sellers in Greek Bonds, which lowered the market ; since which the above Wads 'have improved.' In Shares very little doing. FORRION FUNDS % TWO O'CLOCK. Brazilian Bonder, 5 p Ct. 67 I Mei. lids I SUS. 6p. Ct. 67 I i i I Do. Acct..* 74 4 1 Colombian Bends. 6 p C. Portuguese Beads, S p C. 91 SO} Do. Bonds, 1824,42 4 Ditto Acct. 11l 4 Do. Acct. 421 Priam Bds. Sp C. Danish Bonds, 3 pet. 634 3 Do. Hoods, 1922, 5p C. 97 Ditto Account 63 24 34 Russ. ilds, 1822, S p C. 674 4 1 Omsk Bonds, 5 p Ct. Span. Bonds 5 p Ct. 136 1 4 4 IS D0.80ud5,1825,5p C. 194 420 Ditto Acct. 134 413 194 4 i French Rates. 3 p C. 72f —4 Do. Aect.l94 490 194 4 I Eacbange,llSt 60e BRITISH AND FOREIGN SHARIV. TWO O'CLOCK. NIA MIL PAID. British Iron Company 100 34 6 i Colombian 100 15 74 11 Pasco Peruvian 100 IS 14 1 United Alesican 40 25 15 144 14 United General Gas 50 1 a Pi i Ditto Acct.