Star. — London, England, 1822-01-25 00:00:00

cOMMERCIAL INTELLIGENCE. The home cmsomption of lb: and hemp h at emit wa4 Jer.!,le, ard hots these articles maintain their late advanced ca w. The sporulaton in tallow are becoming more cautious. Tlu• last prices from St. Petenburgh are such. that wit% aY charges and duty it can be imported bun Oust Britain at nu. ins. 9d. and the quantity in England between this thee and, August, will be about 90,800 casks mote than the usual con sumption. Under such circumstances. the best-informed Rus sian merchants scarcely expect that the present pries* of tallow Gin be malmaineJ: It is probahk that a War between 'Turkey and Ruda may enhance the value of bonded grain in this cannery, and the solders are more firm in their prices,in expectation Of this event, kith a view to the Italian market. Isiah providons of every description are 'extremely dull, and the value of every article of this description from that country continues to decline. I) au ay. LAN! Tin e araz.-02way's admirable ge4 of rcnice Presented was performed last night t this *Theatre, with the attraction of Mr. KEAN'S Mier, and ;he tirbt appearances of Miss EDMISTON and Mr. Conran in the parts of Belvislera and Pierre. If Mr. KEAN did not completely identify himself with ell the VAS irties of the arduous character of &e'er, he gave some touches of beautiful pathos, which re- deemed even the degraded informer from the utter contempt of the spectators. The way in which he exclaimcti Beividera, poor Belvidere!" when he saw I:er first coming on the stage, Lad in it a world of tenderness, more affecting and intense than the most eloquent declamation. His description, also, of the sorrows by which her love would be tried, in the mi. sera!:le solitude to which he looked as his future asy lun,, A% hen on a bed of straw we sink together, " came faithfully home to the heart. But the finest thini^ hi. performance was the agony of shame ss:;!; !le tohl of the disgraceful blow inflicted by !:is iiijete:: friend; his whole haute seemed to re cr.ii t!oin the i , :nominious recollection with matter licrror. Miss Et:Nino:es Belvidera was a very :.4..-pe% table performance. Throughout she preserved t, and .lel ortment of soft, endearing, womanly ;•./ , •ction and when atitated by the fears and sor ti, the face of Which she at length falls a vic r.,m, she to: gut not the submission ansiwcikness that . gig to the character. The least exaggeration dis iinizes, as it were, the whole fabric of illusion ; . Miss EDNIISTON proved iliac she had skill and sufficient to carry her with succe.s through these z. moments. The mad scene, which concludes 1!.: j..ay, was a storm—a convulsion of physical and energy, to which death seemed to be a most relief. Here she hit the purpose of the Liiectly. It was an utter shipwreck of the I :.!!: an.' constitution, which is indispensably contin s .ot int the baffled feelings and hopes of a being qua like Belvidere,. The loudest applauses suc ctoieJ t!lc talliag of the curtain, as they accompa nit.J the performance of the piece throughout. Mr. CC-AT!: was a eery spirited Pierre, " a gay bold- T ace,i ell:lie—one who seemed to " wear no corn caii..e on his sword," but to be conscious of the ding project he had conceived, and of the' talent requisre to accomplish it. The Tragedy was much aepa Ord throughout. The House was well attended. CuyrsT-GARDIDI TUZATRE.—Last night the Tra gedy oi . Romeo sad Juliet was performed at this 'lmre, for the purpose of introducing Miss FANNY Titt:::i . ox from the llith Stage to a London audience. F.c.o..ections of 4 ' auld tang sync," impressions nei- Cier few nor trivial, combined to excite a strong pre p "session is favour of the debutante. We could not :il to recollect that she is nearly allied to one who was only to be seen ro be admired by every lover of ::le Tragic Muse—we allude to the late Mrs. MERRY. Her mother was also an actress of very considerable pros i 641 celebrity, and whilst Miss Ross, was for Lorne years a great favourite on the Norwich Stage. With al. these circumstances operating in favour of M. llursrox, it was natural that on her critter; she received with enthusiasm. The youth, countenance, and figure of this young Lady cones ponued ha r pily with the character, and her pet-- Mrs:4mm exhibited ao union of judgment and feeling not trite. to be J ihcovered in such early candidates for fame. 1.. the tender scenes Miss Bout:Ton was na twin affecting, and in the more impassioned ones she c 4-ionatls displa; ed an energy, both mental and phj sicat, which was acknowledged by universal ap plause. The two scenes with Romeo in the garden, and .hose with her nurse, were distinguished by an affeczamate, and sometimes a playful simplicity : the ) . re Al ed the hearts of the audience to sympathize more painfully with her subsequent misfortunes.— Romeo s banishment opened a new and more violent source of en otions, and her energies seemed to rise with the occasion. We have not often witnessed more enthusiastic applause than followed her first agonies on learning the sentence of her lover. We were lather disappointed in the scene in which she drink, the draught prepared by the Friar; perhaps it arose from a redundancy of action, which inexpe rienced Performers are so liable to mistake for im pression, without considering the circumstances under which that impression is to be produced. The latter part of the soliloquy was not liable to the same ob jection. The operation of the draught upon her in tellect until life was eventually overpowered, was - .Try strikingly pourtrayed. Upon the whole, we e.tr, have no hesitation in pronouncing this young Lady Le a valuable acquisition to the tragic strength of :..e Theatre. Mr. Maces/it:lfs Romeo was full of Tassion, and, whether in love, in anger, or in grief, ei . )played the enthusiasm and extremity of their-ope rations on an ardent and romantic heart. Mr. ABBOT till the absence of Mr. Joan) undertook the part of . l lercutio, in which he acquitted himself with consi :',.,rable spirit, and to the general satisfaction of the 'muse. We have always been highly amused with 'he comic powers of Mrs. DAVENPORT in the loqua r.iuus Zs ursc, and never more so than last night. Wednesday last, just as Mr. ALGA it, the auctioneer, commenced selling the theatrical property at the .. !.'..est London Theatre, Tottenham-court-road, the give way with a tremendous crash, and preci- 1 o:wed several persons below ; but no serious acci-, dent took place. Caurtow.—.Five young cattle, the property of a respectable firmer, on the estate of Kirkmichaelein Damfries-shire, died on Monday, in consequence of having ate the tops of a bunch of yew tree, which had been used in embanking the river adjacent to where they pastured. When opened, the qu.tntity found in the stomach was so small, as hardly to be vi.tinguishable: . LAW INTELLIGENCE. ' COURT OP Knows BENCH, JANUARY 141. DIXON v. MOIL This was an action on a peicy of insurance On a 'ship and cargo, at and from her - of - in port lading, , Sierra Leone, to this country. The vessel was lost to the owners, as was alleged, by the barratry of the Master and crew. The action was tried before the Chief Justice at Guildhall, and a verdict was taken for the amount of the policy. The SOLICITOR-GaNaRAL now applied for a Rule to show cause why there should not, in this case, be a new trial granted. The facts of the case were briefly as fellow :_The vessel sailed from this country with a cargo of bricks, &c. under the command of a per son named Mercer, and arrived safely at Sierra Leone, where she delivered her cargo, and took in a lading of timber as a return cargo. On the 9th of March she quitted the port on her return voyage to this country. Whilst at Sierra Leone the First and Second Mate quitted the vessel, and Captain Mercer took two other individuals, named Paddon and Holyoak on board in their stead. Mercer was on board at the time the vessel sailed on her return voyage, but quit ted her as soon as she got into the offing, returning to Sierra Leone, and leaving the command to Paddon. The vessel continued her voyage towards England, but with light winds, and making little way, until the 21th of March,when Paddon became exceedingly ill ; and, considering his life in danger, he sent for the carpenter, named Rogers, who came from Eng. land in her, and asked him if he could take the ship to England ? Rogers answered in the negative.— Paddon then gave to Rogers a sealed packet, with an injunction that, on his arr i va l i n England, he should deliver it to Mr. Dixon, the owner and pre- sent plaintiff; the command of the vessel was then given to HolyoiV. A day or two afterwards, Paddon being somewhat better, sent for Rogers, and desired to have the packet which he had delivered to him back again, and the packet was accordingly returned to him, and very soon after Paddon relapsed and died. Holyoak now became the acknowledged Master of the vessel ; a survey of the water and provisions took place on the 2d of April, on the representation of Rogers that he had lately observed a great waste of the water. Rogers had mentioned to Holyoak that he saw a tap running in one of the water-casks, and the bung knocked out of the two others. Holy oak said he could not help it; it was among the crew. Between this time and the Bth of April, Rogers saw further waste of water, and on that day the provi sions and water were again surveyed, and it was found necessary to put the crew on short allowance of both bread and water, and to run for Barbadoes. On their arrival at Barbadoes they had only eighty gallons of water, and a small quantity of bread, left, and the vessel was leaky, having eleven inches water in her hold. On the application of Holyoak to a per son named Windsor, a survey of the vessel took place, and she was condemned as unseaworthy ; and at the trial the defendant's Counsel contended, that there was no barratry proved, but that there was full proof the vessel was unseaworthy at the time she sailed from Sierra Leone. The Chief Justice, in summing up to the Jury, observed, there were three points of view in which this case might be presented to their consideration. Pi r st, if the Jury should be of opinion.. that ptevious to the vessel quitting Sierra Leone, there existed a fraudulent intention and plan to carry her to Baibadoes, that would amount to barratry, Secondly, if the plan was not formed till after they sailed, but was conceited in the passage, and the water and provisions were wasted as a step towards carry. ing that plan into effect, that was barratry ; and, thirdly, even if no such plan existed, and the vessel was absolutely forced by circumstances to go to Bar. badoes, if the Jury should be of opinion that a play was, after the arrival of the vessel at Barbadoes, formed and carried into effect, to get the vessel gar• veyed and condemned principally with a view to de. fraud the owners, that also would constitute barratry. The Jury found barratry, and gave a verdict for the' plaintiff, but they did not say on which point their verdict was formed. Now it might have been founded on the first point, of which, indeed, he did not attempt to dispute the law ; but he had now to contend, that it was a point not coveted by the counts in the de claration. The first count said, that the ship sailed on her voyage to England, and afterwards, whilst proceeding on that voyage, she was last by barratry of the Master, Holyoak, and the crew. Now, if the plan was formed before she quitted Sierra Leone, she never did sail on a voyage to England, and the count was not made out. About thiee days before the trial, the plaintiff applied to amend this count, and did so amend it, by leaving out the name of the Master; but this did not remove the present objection. lie had also to complain, that upon this count, as com pared with the evidence brought forward at the trial, the defendant had been taken by surprise. The count directed the attention of the defendant to what took place on the voyage, whilst the evidence adduced at the trial went to shew a design and plan formed and matured before the voyage commenced. Mr. Justice BATLEY asked, whether if the barns trolls intention existed before the vessel sailed, that would constitute a loss within the policy ? The SOLICITUE•GENERAL acknowledged it would, generally speaking, but submitted hat fact could not be considered in the counts 14 the present declaration. The CHIRP JUSTICE—You mean, Mr. Solicitor, to contend, that all the three positions which I laid down to the Jury were good, generally, but that one was bad ft orn the form of the present declaration, and the Jut y might have found on that point. You say if the plan was formed at Sierra Leone, and not carried into effect until a subsequent period, it will not suit this declaration. The SULICITOIV•GENERAL said, such was his view of the case on this point. On the other count, which stated the barratry to have originated on the voyage to England, there was the same objection ; the proof of the plaintiff at the trial being that no voyage to England was ever contemplated. On the third point. namely, that it was not till after the arrival of the vessel at Barbadoes that the barratry originated, then he would submit that there had - men such a devia tion from the voyage insured, as operated to put the Underwriters off the policy. As, even allowing that they had been forced Into that deviation by short ness of provisions and water, it had been repeatedly held by the Court, that if the shortness of provisions arose from the carelessness of the Master and crew that circumstance should not operate to excuse the. , . . . &rake to doe preinace of tha Underierkers. In addition to these several points, he submitted that it Appeared from the evidence, that itie plaintiff had received a Pirt of the cargo. African timber, which had proved bonnie* to him t 6 a carkiiin extent, and ought therefore to be tateit into accodat In reJuction of damages. • The Crllill JUSTIOII read his notes taken at the trial of the cause. Mr Justice DATUM said, it did not appear from the evidence, that there had been su wilful waste as would operate to put the Underwriters Off the policy. ' The Cuter Juseice was decidedly of opinion, the objections of the Solicitor-General should hitie,been made at the trial; and that the notice of the lidge should then have been called to these points, and a question put to the Jury, as to the particular point on which their verdict was founded. He thought there had not been a case made out which would jus tify disturbing the verdict. As to the last point, re lating, to the receipt of part of the cargo by the plaintiff, a Rule might be drawn op for making that a subject of intim* out of Court. The rest of * Cosily agreeing this opinion, a Rule for reference on that subject las drawn up ac cordingly. WEST R. vaAscts. This was an action tried before the Chief Justice at the Sittings after last Term, when a verdict was taken for the plaintiff. Mr. GURNRY applied to have that verdict set aside, ;Ind a nonsuit entered. The plaintiff was the pub ' lisher of certain theatrical caricature prints, and the defendant a print-seller, and the present action was instituted Against him for selling certain pirated copies of the plaintiff's prints The evidence at the trial went to establish the fact, that the prints sold by the defendant, did in part resemble the original publications of the plaintiff, but varied materially in some other parts. Mr. Gurney now contended, that under the Act of Parliament, the defendant, who was only the seller, and not the publisher of these pirated engravings, was not liable. The Statute in express words stated, that a publisher of copies in pea should be liable; but sellers were only made liable for selling exact copies. This was a distinction founded in strict justice; the publisher must know of the existence of the original print, and the variance was intended to cover fraud ; but the mere seller of a copy might never have seen the original, and be entirely ignorant of its existence. The COURT observed, this was a question of con siderable importance to the parties concerned in such property ; and, therefore, a Rule to chew cause would he granted, to afford an opportunity of fully consi dering the verdict. WilT V. CANNON. This was a similar action by the same plaintiff against another print-seller. The verdict was similar, and Mr. DENMAN, on behalf of the defendant, also obtained a Rule to chew cause why a nonsuit should not be entered on the same grounds as those urged by Mr. GURNEY. CRIMINAL INFORMATION. Mr. WALFORD applied for a Criminal Information against an individual named Bennell, and some others, for a riotous obstruction of the Mayor and some of the Corporate Officers of Colchester, in the discharge of some of their official duties. He made this appli cation on the affidavits of Mr. Smithies, the Town Clerk, his assistant, and another Gentleman, who se verally deposed that, on the 23d of September last, the day of the annual election of some of the subor dinate Officers of the Corporation, the Mayor was sitting in the usual Place to take the votes of the Freemen for the different candidates; the poll-book was lying open before Mr. Smithies, the Town Clerk. Bennell came up and tendered his vote, which was rejected; on which he seized the poll-book and car ried it off, amidst loud tumult; the several other in dividuals mentioned in the affidavits, four in number, shouting and encouraging him in this outrage. The election was, in consequence of this seizure of the poll-book, suspended ; and the Mayor was under the necessity of adjourning till the next day. Mr. Justice BAYLEY.--It is desirable to prevent open outrage and riot at elections ; and therefore, Mr... Walford, you may take a Rule to shew cause against the parties mentioned in the affidavits.— Rule Nisi granted. COURT OF COMMON PLEAS, JANUARY 24. RESPONSIBILITY OF CARRISRS. The Couar, sitting its bane, gave judgment upon' a Rule to thew cause why a verdict for the plaintiff should not be set aside in a case of a carrier's respon sibility for the safe delivery of a parcel of Bank.nates at the value of 80, the same having been lost by the delivery to the wrong person. For the care ier it was contended, that the safe car- riage to the place of destination had discharged him I from all liability, inasmuch as gross negligence (in this case charged against the carrier) was imputable to the plaintiff, in his not sending a person duly au thorised to receive it. The Jury on the trial, found for the plaintiff, upon the ground that there was gross neglect in the carrier. COURT unanimously concurred in the finding of the Jury; and that the defendant contracted not merely to carry, but to deliver safe; and that, al though there Was a concealment of the actual value, the defendant was liable to the full ettent.—The Rule discharged. ZILE V. MARTI% This was an action brought by a bailiff's follower, to recover a sum of CL 9s. for keeping possession of the George and Dragon public-house, at Portsea, for 113 days, as Messenger under a Commission of Bank rupt issued out against Joseph Trinder, the landlord. This was charged at Is. 6d. per day, although it ap peared the defendant, as Sheriff's officer, had charged, and been paid, at the rate of Ss. and the question was, whether the plaintiff, remaining unsatisfied, could or could not maintain the present action? The Court decided the action could be maintained under the cir cumstance stated. Joseph Trinder deposed, that the defendant came to his house (after the plaintiff Bele had been some time in possession), and stated, that unless he was paid for the plaintiff's remaining on the premises,'he should be wider the necessity of advertising the pro perty for sale. The witness, who still carried on the business, then consented that Martin, the defendant, should send Bele, the plaintiff, to receive the money at the bar, which he did for that purpose. Mr. Mansfield, jun. deposed, that, by desire of wit . nt . 's's father, he put the plaintiff into possession, at ?i:rrr;• 71 1 7 . 7 ' 7 Wr 7l. , • • th e ieStile r or the Cosionissioneis of Boosrepti tit the Isle of i Wisbt; and an order for paytitent was given On Mr; Itellet t nitre of the COmmissioners; which order mtiit iticeisaitly bail been piid . • . . The CHIMP .lo riot obaerved, the . question wasp.; Whethei the I.tintiff wasput into possession properly ir not? The question likewiie tatted upon, whkba• the plaintiff was kept in possession so long as 115 days for the interest of the bankrupt ; then. as to the receiving money at the her, the Jury would judge for themselies, whither this continued. possession 'was for the interest of the bankrupt or the Sheriff's officer, for upon that it would be for them to deter mine whether he was entitled to be p.iid by the bank• rupt, or by the defendant. There was no doubt he was entitled to be paid a qvanisint eierwit by one or other.—Verdict for the plaintiff £8 7s. 6d. and Costs: . teiterd4 the. Hoisourable Guineas Vsltwow sub scribed £lO to Sir RlctlAttro la's Poor-box, the contents of which are applied to the relief of objects at the Public. Office . , Bow-street; under peculiarly dis tressing circumstantes: Wednesday se'nnight, abbot midnight, a manufac tory in King's -street, Dundee, polsessed by Mr. BOATH, was discovered to be on fire. About sue o'clock the fire-engine was on the spot ; but, by this time, the roof of the home was wrapped in flames, and shortly after it fell in with a dreadful crash. Although the engine was in constant action, it was four o'clock before the fire was extinguished. Pan of the goods were saved, though in a bad state. Mr. BORTH and a few others were much hurt by the falling in of the roof, having been struck by a piece of flaming wood . Sunday evening, about eight o'clock, a fire broke out in a stable at the back of Abercrombie's Land; Grassmarket, Edinburgh, which was completely burnt down before it could be extinguished. Sunday night, a fire broke out in a house in the High-street, Edinburgh, a little above the Cross, oc casioned by a pot of whiskey, produced from illegal distillation, boiling over. The room in which it ori ginated was entirely destroyed. In the midst of the smoke and confusion which ensued, the smugglers succeeded in carrying off the still-head and worm: The Rev. Dr. TROY, who has been se, iously ill for some time past, is now quite convalescent. The scarlet fever is at prevent prevailing to an alarming degree in Montrose, especially along the coast. Two fine children in one family in Montrose, and in the pari,h of Craig, a whole family, consisting of three children, have been suddenly carried off by the same infectious disorder. A pensioner residing in Perth killed himself on Monday night, by excessive drinking. Monday the body of an old pensioner of the name of Denbolm, was found in the tail-race of one of the mills in Cargen Glen. The deceased had gone to Dumfries for the purpose of drawing his pension, and in returning home in the dark, it is supposed he had missed his path, and fallen over a steep brow. An occurrence, truly distressing, took place yes terday, in Cheapside. A young Lady, seventeen years of age, daughter of Mr. CORMICK, Manchester ware houseman, to Wood -street, in crossing the street where there was a stop of carriages, stumbled and fell, and before she could recover herself, a hackney coach passing at the time, went over both her legs and broke them to pieces. She was tiken home m a dreadful state, and every assistance was immediately procured. Not the slightest blame could attach to the driver of the coach, who was going at a slow pace. Saturday, while a man was standing in the bottom of a pit at Govan Colliery, near Glasgow, a piece of coal fell from an ascending hutch, and nnfottunately lighting on his head, killed him on the spot. A most distressing accident happened at the bridge of Carr, in Aberdeenshire, on the night of Thursday se'unight. The house of James Shaw, blacksmith, caught fire after the family had retired and were all asleep ; and his son, a boy of about seven years of age, and his maid -servant, a young woman aged 17, were burnt to death before the fire was ob erved. Afrursenote Rm. - T.—Saturday last Inquests were held be fore the Coroner, at Tarnflat, in Sandwith, Cumberland, on the bodies of Mary Clark and her five children, who were found dead the preceding evening in the Light-house, on Sr. Bees Head, and the Jury returned verdicts-4)SM by Suffkatien.— It appeared in evidence that the bed and bed-clothes in which the mother and four of the children were lying were on fire, and the smoke arising from the fire filling that apartment, and ascending to the room above it, where another child was sle.p. ing, bad occasioned the death of these unfortunate individuals. The father of the family was found lying upon the floor, alive, but in so precarious a state that his life is despaired of. It is conjectured, that owing to the current of air under the door ' circulating more freely where he was found than where his un fortunate family slept, he was preserved from sharing their im mediate fate. It did not appear in what manner the bed and bed-clothes caught fire. The cause of this disastious catastrophe seems to be inadequate to its effect ; the flame had not burst forth, the curtains surrounding the bed were not burnt, and only one of the children had any niarks of fire upon its body ! The father remains insensible, consequently can give no informs. tints how this awful occurrence, which has deprived his wife and all their children of their lives, originated; but it appears that all the members of the family must have been asleep, or one member of it would have aroused and saved the whole. St. Bees Light-boom is situate on one of the boldest and loftiest end fences bordering this Channel, and its inhabitants in their donai. vile are nearly separated from intercourse with man ; the only visi ble neighbour from it is the newly-erected farm.building at Tarr. lat. The tenant of this estate and his servants, observing on Friday night that the light was not apparent as usual, went to the Light-house, and the accident was thus discovered. BETTING AT TATTERSALL'S, JANUARY SIC OMIT. 9 to 1 apt Sycoraz colt 14 to 1 apt Plover 9 to . l apt Aquilino 14 co 1 apt Whalebone colt 111 to 1 apt Bro. to Antonio 16 to 1 apt Stamford 1! to 1 apt Marcella 20 to 1 apt any other OA R. 9to 2 apt Partisan I 6to 1 apt Cat 11 to ftapt Resort* 7 to 1 aist Metoora. SWOIIIII. I 4 to 1 apt Canadia 7 to 4 spt Mile' 5 to 1 apt Frolic Coop ESICILUSOB, Mar -Ist:, JAIL 25.—A Lrge proportion at Wednesday's supply of Wheat remained over for this day's market, in the sale of which very Ihtle progress was made, having tont few buyers, except foe prime ample,, which obtained &for day's prices; but all other sorts were offered on lower terms, without being able to effect sales. Barley is not so bri,k as on Monday, and all but superfine samples are Is. per quar. tar /owes. Oats are also ls. per quarter cheaper than am Monday. and the trade is exceedingly heavy at that abatement. In Beans, Peas, and other articles there is no alteration. Pattrnriarz blaster, Jam 2.s.—The supply at market tide morning was of a middling description, and the pekes of all kinds of Cattle are much the lame as on illeaday. Hey, St.-- and Clover, as per last.—Current priers: Beef, es. ed. to ss. 101. per stuns of Ma.; to Ss. 81. Veal. is. toil. to is. 41. Pork, Is. Cattle at Market !feasts, 470: Calves, 110; ' 3,880; Pigs, 160.—Hay and Straw per load, 41. 14. CLOW, 41.05. to 41. t Ss. Straw, 11. as, ~!°` ;+-wr 0 - , •, 8: ; I 4 l :, .1 ) • 4 l 1 ''i I . I ! t i l 4 ~. A' i i 'l4 . ..1 I' 1 i .i : , . 1 . ; 1 1 . I, ! may. L - y, GI raw, cq ; MUMS, te. 10 *a. Od. Sheep mad Lambs, /1 Hay, 31.111 t to k. to 11. 14e. ,•