Star. — London, England, 1821-12-08 00:00:00

LINES ON HEARING A ROBIN SING IN CHURCII DURING DIVINE SERVICE. While grateful crowds their wady homage pay, And heav'nly cbauutings hail the sacred day— While the loud organ's note responsive swells, And the wrapt soul in muds attention dwells— Say, little Robin, Winttri sweetest bird ! Shall thy small twitter wallies notes unheard.? Shall the pure offering of thy native song Uubeetlecl pass the prouder strains among? Ah, no! lone iongsuess„ humble though thy notes Though small the tribute of thy warbling throat; Yet, in Her eye, who marks the sparrow's fall, Who, ever present, reigns the Loan or Ate ; To Hut, the feelilest sting, the simplest prayer ? To find an audit, needs but be sincere . : Nor 'midst the skilful tones of human art, Will Its o'crlook the incense of the heart ; But ever deign to lend a gracious ear, Thy hymns and matte, sweet mot alist, to hear _ - LAW INTELLIGENCE. VICE-CHANCELLOR'S COURT, DECEMBER 7. --- HOWARD AND GIBBS'S BANKRUPTCY. RI-PARTE. GRtMSTRAD. Mr. HART stated, that this. was the Petition of JosephValentineGrirastead, and prmed that an early day might be fixed for the hearing of his Petition, and that the order for the choice of Assignees might be stayed until the hearing had taken place. He should not now do more than merely open the peti tion, as the Commissioners always gave a fortnight's notice, and as the day for hearing petitions was the 20th, the Commissioners would be able to inquire as to the prepbnderating debt. That of his client was 02,821, and which had been admitted under the former commission, though it had been rejected under the new one. The Vice.-Cnanceccon, noticing the prayer ofthe petition,' said, the course he was disposed to take was not to interfere on the present occasion, but to give an opportuuiti to the party of proving the debt be fore the choice for Assignees took place. Mr. Then the order made by your Honour for a new choice of Assignees will imme diately issue?" The Vics-CuriscEr.con..- 44 Yes, my order will of course immediately issue. The importance of the case was not so much to the fact as to the principle of the practice under the Bankrupt Laws. Let the petition be put at the head of Me paper for the 20th." The order for the new choice of Assignees. as di rected by his Honour on Wednesday, was then made absolute, and of course issues accordingly. COURT OF KING'S BENCH, I)BeSSIBER 4. wooLLee, zzaeArraix or woost.ze, sh,CIAXIS, ZW.&T AND ANOTHER. This was an action of trover. The claim was, stated at £4OO. Mr. BROUGH A!A introduced the o raintiff, Mn. Woolley, as the relict and executrix Walter Wool ley, of Clerkeewell. Walter Woolley was by trade a brazier ; Clark, the first defendant, plied the call ing of a hair-dresser; the second and third defendants in the record were an auctioneer and his clerk; and the toot complained of arose out of circumstances something extraordinary. Walter Woolley (in his lifetime) loved and employed the defendant Clark : he made a will, and named the barber his executor. Clark's ambition was awakened; be felt, by anticipa tion, all the charms of office; and went so far (in the fervour of his fancy) as to take upon him, presently, state and dignity, and to meddle (even in Woolley's lifetime) with the conduct of his affairs. But ley did not like to be thus morally buried alive.— That the friaeur should " so hunger for his empty chair" di.plar.,ed him. Consulting his friends, he found that a brasier (even after making a - will) was not irrecoverably dead in law; and he resolved to take steps for asserting his own existence. Now Clark had Woolley's will in his keeping. Woolley sent word that he wished to have the will back. Clark told Woolley that lie owed him £4, and determined to keep the will as security for his debt. Woolley declared that he revoked the will. Clark did not value the revocation a hair! - Woolley di.missed the barber from his executorship. The barber defied him, and refused to be cashiered. The will was a will, and he (the barber) had it : he (the barber) was executor, and executor he would remain. Placed in this very singular situation—a living testator having his will disputed by an executor—the plaintiff took the obvious remedy : as he could not get back the first will, he made a second. Of the second will so made, Mrs.Woolley was executrix ; notice of its exe cution was given to Mr. Clark; and the testator (having now nothing further to arrange) in due course died. Upon that event the first defendant spake. In vain were Mr. Woolley's dispositions pro-; mulgated—in vain was his last will read over to Mr. Clark. The contumacious barber, true as steel to his original declaration, treated the second will as mere waste paper, and proceeded to act as executor upon the first. Prabat was applied for; and Mr. Clark succeeded in obtaining it. The property of the deceased was seized, and Mr. Clark put tt into the hands of the second defendant, Kelly. Mrs. NlTeolley gave notice to stay operations; but no at tention was paid to her remonstrance. She requested at least that the goods might not be sold; but the in flexible barber sold them, even at a loss. At length, by the vigour of Clark's proceedings, Mrs. Woolley (Nir. Brougham said) was driven to proceed in her turn. She caused the ill-gotten probat to be revoked ; she obtained another to be granted to herself; under that second and rightful authority she now brought her action ; and sought reparation for her wrongs from a jury of her country. Mr.NoLAN appeared on the part of the defendants. Kelly, he said, was an auctioneer ; the third de fendant was Kelly's agent merely ; and both, having acted under a regular probat in the hands of Clark, were (as he submitted) justified in what they had done. With respect to Clark himself (Mr. Nolan said), he should at once prove bone administravit and, having applied all proceeds to the payment of just and regular debts. that defendant could not stand in a worse situation than executor de son tort. The Lotto CNIEIJUSTLCIL differed Irons Mr. Nolan as to the law of the case. t.lr. NOLAN then addressed the Jury, and gave es idence that the third - defendant.(Kelly, sen.) bad taken no part in the transaction. The Jury eventually found against Clark and Kelly, jun. with £4OO damages ; subject to the opi nion of the Court upon the law, and to reference out of Court as to the real amount of damage. JUNE 7..--CLIAYSIAN V. HULL. This was an action to recover from the defendant compensation for the injury he had siiptained by the careless driving of the defendant. The following were the facts of the case, as proved on the part of the plaintiffr—On the Ist of April last the son of the plaintiff was returning from Kingston, about eight o'clock in the evening, driving a light cart, in which were himself, his mother, her sister, and her infant child.` When near Wandsworth, and driving on his own side of the road, at the rate of about five miles , lan hour, he heard a carriage appr o ac hin g him at a' quick rate. He called out to the driver to keep on his tight side, but instead of doing so, it appeared as if he crossed over to meet the plaintiff's cart, and almost immediately the shaft of the defendant's car. riage (a chaise) struck the plaintiff's horse on the neck, knocked him down, and the cart was over- turned and bioken, and the hone seriously injured. !The plaintiff, who is a dealer in beer, residing in Pearl-street, Spitalfields, was obliged to hire another ,horse, whilst his own was under the farrier's hands in consequence of the injury he had sustained. The amount of hire was El. 4s. the farrier's bill was LI. 10s. and the repairs of the cart, the shafts of which were broken, amounted to O. 9s. 6d. which sums the plaintiff sought to recover by the present action. The defendant, on his part, called witnesses to prove that the accident occurred in consequence of the plaintiff's cart being on the wrong side of the road; that the defendant's horse, which was a very valuable one, received a severe wound from the shaft of the plaintiff's cart, which had entirely ruined him, and that, in fact, the defendant was the person who ought to have brought the present action, and not the plaintiff. The Jury found a verdict for the plaintiff—Da- 1 wages, £5. 14s.—Costs, 40s. IL LNG P. TOWNSEND. Mr. GURNEY stated, that the plaintiff in this case was a most respectable mercer, residing in Pall-mall. The defendant had been in his employ as a porter, and the present action was brought against him for a malicious, slanderous, and false libel, propagated by him for the purpose of injuring the plaintiff in his trade. Amongst the plaintiff's customers was Mrs. Barber, a celebrated dress-maker, in Pall-mall, with whom defendant had lived previous to his coming into the service of the plaintiff. In May, 1820, an information was laid with the Customs against Mrs. Barber for having contraband goods in her possession. Her house was searched, and the officers during their search, accidentally dropt a paper, which, on being SileliVa to Mrs. Barber, she immediately knew to be Townsend's writing. This led to a discovery, that it was he who had lodged the information. Mrs. Barber communicated the circumstance to Mr. King, who dismissed the defendant from his service, and re fused to give him a character. Upon which he went before the Lord Mayor, and swore an affidavit, in which he stated that he lodged the information with the knowledge and consent of Mr. King. This affi davit he took to Mrs. Barber, on whom it had such an effect, that she withdrew t he greater part of her custom, which hid previously amounted to upwards of £l4OO a-year, from him, and other individuals of , the trade had done tile. same. For this false and ma licious libel the present action was brought. Witness was called to prove these fact's, and that defendant had declared that he lodged the informa tion of his own accord. Mr. Cairn( then shortly addressed the Jury on the evidence. The Cuter Justice summed up, and the Jury found a verdict for the plaintiff—Damages £2O. THE EING v. RUSPINI AND OTHERS. This was an indictment ag ainst Mr. Ruspini, and two other persons, named Davy and Powell, for A conspiracy to defraud Mr. Temple, a Pawn broker, in Manton-street. The indictment charged them with conspiring to pledge certain property be longing to Ruspini, with the prosecutor, they, at the time of doing so, well knowing a Commission Bankruptcy had issued against that individual, and being well aware that the assignees under that commission, would reclaim the property, without being liable to repay any part of the money, L.lO, which bad been advanced upon it. Mr. GURNEY stated the case to the Jury, sad called witnesses to prove, but from their evidence it appeared that at the time the property in question was pledged, although the commission had issued, the defendants had good reasons to believe it would never be worked, and that these articles were pledged to prevent the necessity of working it, though ulti mately that hope failed. The Cum Justice directed the Jury to find the defendants Not Guilty. COURT OF COMMON PLEAS, DICCRMORR 7. BEER AND OTHERS V. WARD, CLERK. This cause occupied the whole of the day. Mr. SCARLRTT opened the case of the defendaut in a very long and elaborate speech, which lasted nearly two hours ; after which much evidence was into, the chief object of which was to establish r e act of a marriage between Mr. and Mrs. Cotton subsequent to the birth of their two eldest children, and, in support of this, a certificate of the martins was produced, purporting to have been signed by Mr. Sweetapple, a Clergyman; also the bond usually entered into upon the occasion of persons married by license was produced, and several persons called to prove the hand-writing of Mr. William Cottok and of a Mr. Reynolds, who was formerly a steward to the Duke of Kingston, and who had entered into, a bond jointly with Mr. Cotton. Several exceptions were taken by the plaintiff's Counsel as to the proof of the hand-writing of these' parties; and much learned discussion took place.—. It being nearly seven o'clock, it was agreed that the further consideration of the case should be adjourned. CONSISTORY COURT, DECEMBER 7. OFILCZ OF THE JUDOS, PROUOTBD BY DL WOLLAS. TOM 12. DR. CLARK. On the sitting of the Court this morning, the Rev.l defendant being in attendance, the articles exhibited against him by Archdeacon Wollaston were read by Dr. Apama.—These articles set forth the alleged contumacy of the defendant towards the Archdeacon, in refusing him adminion at the groat south door; as likewise at the chancel door of the Parish Church of Great Waltham, Essex, over which the promoter is Archdeacon, and the defendant Vicar , on Tues da y , the 12th day of June, 1821, whenAthe promoter, by virtue of his office, attended at the Spring Visitation, thereby opposing and obstructing him in the execu tion of his duty aforesaid. These articles concluded with the prayer of the promoter, that this Court would adjudge and punish the defendant as the law directs ; and further, that the Court would restrain the defendant from the repetition of such offence in future ; and that he should be directed t.o pay the costs of this suit. Sir CH eisront RR RonlNsos.—Have you any Conn , , sel, Dr. Clarke? Dr. CLARKK then stood up, and was beginning to read a written defence in Latin; but when he had ( uttered the inception merely, which was in the form 'of an address to the Court, thus-- 4, Illustrissime Christophere Robinson, cum mores moes —" he was interrupted by the Judge, who begged to call to his notice the expediency that the line of defence which the Rev. defendant meant to advance, should be considered by him, with the assistance of Counsel, whether his interest was to make an obstinate defence,. or to adopt the milder course of excuse or a p olo gy . Dr. CLARKL—In other Courts I have been misled by Professional Gentlemen, and therefore I think I can myself best explain my motives and feelings to the Court. The Jur:loc.—You may rest assured you will not be misled here. Dr. CLARKS.—Certainly not; for this is one of the most learned Courts in the kingdom; and I have only to say, Sir Christopher, that I meant no disrespeCt to the Archdeacon. Dr. SWABEY, as Counsel for the Archdeacon, inti mated, that as Dr. Clarke, he understood, was pre pared to deliver in an affirmative issue, the Learned Counsel was authorised to state, that it was earnestly wished, on the pat t of the Archdeacon, that the judg ment of the Court might be as mild as the law would admit under the circumstances. CLA RK E.—Sir Christopher, I beg to plead an affirmative issue, since it is the wish of both parties the Court should proceed to sentence. Sir CHRISTOPHER ROBINSON, in passing sentence, observed, that the Court would attend to the wish of the promoter, in pronouncing its judgment with as much mercy as the policy of the law would admit. The offence charged was undoubtedly one of enormity, in a Clergyman especially, whose duty it was not only to assist, but invoke assistance to the authority of the Archdeacon. The object was. that the Archdeacon should inspect the Church, for the purpose of seeing what repairs were wanting, and to remedy any such neeect,towards preserving the public proper ty,therein. —The Court would content itself (without inquiring into the full extent of punishment which the policy of the law awarded in such cases) with pronouncing, that the defendant be admonished to refrain from committing any such contempt in future ; and that he do farther pay the costs of the present proceeding. OLD BAILEY SESSIONS. Yesterday, John Chapman, a lad of the age of 17, was indicted for assaulting Eleanor, the wife of Wil liam Wade, on the highway, and stealing a pocket book containing fifteen pounds. The prosecutrix is the wife of a tradesman, living in Red Lion-street, Spitalfields. Oa the 20th of No- vember last, as she was on her way home, she saw a house on fire, which she conceived to be close to her own dwelling. As.she was making all the haste she could home, and when she was distant from it only about fifty yards, she was surrounded by a gang of pickpockets. One of them laid hold of her pelisse, and the rest rifled her pockets of the pocket-book and money. The prisoner was apprehended by an officer near the spot where the prosecutrix was robbed, not upon any charge, but merely knowing him to be a suspicious character. When taken to the watch house, Mrs. Wade was sent for, and she picked the prisoner out from among a number of others, as being the man who had robbed her. She confessed, how ever, that she was at the moment when she was at tacked so much alarmed both by the fire and the robbery, that she could not well distinguish faces.— At the watch-house she pointed out another man, who was in custody at the time of the robbery, and she even mistook one of the constables who had the man in charge, for one of those who had robbed her. The defence was an alibi, and it was fully made out by two girls who were in company with him at the time, and had been so from seven o'clock in the evening. The Jury returned a verdict of Not Guilty. William Cordell was indicted for stealing a gelding, value £7, the property of John Baldwin. It appeared that the animal had been taken from its pasture at Chigwell, on the night of the 15th of November,— The prisoner was stopped in Whitechapel-road by a at an early hour in the morning, with the patrol, horse in his possession. The patrol not being safes feed with the answers he received from the prisoner to questions put to him as to the manner in which he be came possessed of the horse, took him into custody. The father of the prisoner stated, that from the age of four his son was in the habit of driving about and running after horses, 'and once received a very were kick from one of them. Since that time his Ns had been subject to fits, and the blow had occa sioned even temporary derangement. His son worked with him as a labouter, but occasionally, when his wandetings came on, he would leave home for a time. Two days before the horse was taken the pri soner went off, saying be would have a holyday. It appeared that there was a gap in the fence through which the horse must have passed out of the field. There was no positive evidence to shew that the prisoner was the person who had driven the horse out. The answers of the prisoner to the patrol were rational and connected, although they gave an improbable account of the manner in which he be came possessed of the animal. The Jury found a verdict—Guilty. A recom mendation to mercy was added on account of the weak state of the prisoner's intellects. MIDDLESEX SESSIONS. The greater part of . yesterday morning was occu pied in the hearing of parish appeals, and appeals of convictions under penal statutes, and petty assaults, of no interest except to those c indicted o s. The ncerned. J. y is a a ssa res u p lt e i c n t g . Mr j .. Deld"li Thosniis ri ß a ur oc l i able tradesman, and was passing along Weston. street, St. Pancras, when the defendant, who is a journeyman butcher, lashed against him, and the handle of the tray, which he haJ on his shonli t , snuck him on the mouth. The prosecltur put hand to protect himself, when the , stlier set (! ,, ,, t ; tray, . and attacking Mr. Burrows a•la-Cri!)6, him many severe blows, at the same time ,‘bservi., 44 •There, you b--r, yen have got eßn,,gh ,e 4; you three weeks !" No witnesses were called on eiti lt , side, and the Jury found the defendant The CHAIRMAN, in passing judgment, otilme, this was a case in which the Public felt dee p h. terested ; every person going along the it ieets ' s . 34 daily subject to such brutal treatme:a. TheJlry h a i acted right in finding the defendant guilty ; b ut a , he had not been before the Conit at any ti e, the punishment should be mitigated. Ile theref or „i leuta sentence him to six weeks imptiwnfneut in C:e kl ouse of Con ection. HA TTON-G A nom—Yesterday, a parish corikto.4 brought up Prances Moore, a young woman . teen years of age, charged by Mr. Bentley, o f s, vin ton-street, Gray's-Inn-road, with robbing hi s h otit . much valuable property, under the folhiwing staoces :—Mr. Bentley stated that early hist he and his family went down to Marg ate , and I.4t the care of his house in Swivon-sztePt to Waters, a 'person known to hitn and hi, far.lil e many years. She accepted of the charge, upotie.;. dition that the prisoner Moore should be pertninc4 to live in the house with her until the return of a t Ifamily, which was granted. It appeared, at thee/Im. mencernent of the inquiry, that soon after Wat,-; took charge of the house, the system of plunder a 7 i robbery commenced, by Frances Moore forciaop ti the wardroties cf the family by means of false kev k , and sheaving to Waters valuable dresses belongipit, Mrs. Bentley, as garments left to the prisoner ly: z deceased rciativc. Mrs. Waters and her , on Jr a were present to give their evidence against the soner Moore, and during the examination it was sb e ,,, that the property stolen found its way to the 5 4 \ of the pawnbmkers ; and what first raised the sui t ; cion of the Magistrates against the probity of M r :. Waters and her son, was the fact of their beingi persons who always pawned the articles stolen tin; time to time, and not the prisoner, Frances Moa t It appeared, also, that the property was aliviu pawned in fictitious names, and that the ainctratr e . ceived from the pawnbrokers got into the pock : of Mrs. Waters, without rendering any acurr r r to M< _ore. Mrs. Waters and her son were now or&rl into custody, and on being charged as rti;:cifii, stoutly denied everything. It would appeal, thatlii woman Waters has some power over the. triiihl Moore, and the Magistrates committed them to ferent prisons, to prevent their having any coarse. nication ; and directed the two women a-dlO4a. tern to be brought up for re-examination :lest Fr • Quainc-SQUARE.—Iss PORTA NT TO POSTMA —Yesterday, Mr. Adams, a posonaoer, pleak;;;e two informations, the first ui:der the 17:;! o r G er , tBt 111. charging him with not having his Ci:rittin; ,d surname, together with his place of abod e , r i„ ; ,i on a conspicuous part of a gig which he hadisciirg and the second under the iz.stli of Gore lIL for neglecting to enter the same in the Stamp Otha weekly account, thereby neglecting to pay The duty. He was convicted in the penalty of £lO for the fire charge; and, being liable to the Ilnalty t.O £l.O ier the second, he would have had to pay it were it cot for the Solicitor of the Stamp Duties urging the Cis. missal of the case. DAZING ROBSZILT.—On Thursday evening, a fellow total the house of Mr. !lass, clothier, of Brewer -street, 146 square, by means of opening the ptivate door wilt key. On leaving the place he was observed by a younpreacs, with a large bundle, and suspectisg that hut bad came b7;t4. honestly she went in and told the shopman, who itAta.. ) iti. lowed the thief and overtook him in Golden-square, , r..ti. property. On requesting him to deliver it up, the stamp the young man a tremendous blow on the hod, which LEA him and he fell down. Ile afterwards beat bias, aM tel with his booty unmolested. Some persons a.sisted the 41+8 to Marlborough-street Office, where be gave informadordis robbery, and Clements, the ;ilfficcr, fotMa the thief at shall' Bedfordbury, where he was drinking with some notarial as meters. Ile was taken to the Office, and examined kiwi 11. Alassiwaslssa, Esq. who fully committed him fur Mil NE WC ATE inn LEA DEN 11 A LI. XI A UK ETS, DNA. (fly the Carcase.) Beef ^s 0.1 to Zs 0.1 1 l'eat 2; 84 to Si Mutton.. ...... 2s Od to 2s Sd Pork 2s 0 , 1 to 41 -, TRAVIT YESTERDAY. WHITICCHAPILL Hay... 21 18s to 41 111 Straw 11 -is to 11161 Clover 31 Os to 4113;4 PRICES or ',AY AND S' wr. l ours s. Hay 31 Os Od to 41 os Od Straw 1 4s Od to 11 164 0.1 Clover 3115 s Od to 41 10s Od Ships at Market. 1141 Newcastle COAL MARKET, Dzc. 7. Ships Sold. Price. 76f :1;43 Ott to 144 • COUNTRY MARKETS. USZILIDCIP, Dec. G.— At, per load, £l4 Os to £1901.- New Wheat, X 7 to £l6 Os—Barley, per quarter, lt; 26s—Oats, 16s to 26s.—Beans, 23s to 341.-11 ye, Os. tsov Peas, 211 s to 325. Newaute Baser, Dec. 6.—Wheat, 24. to 72x- -IVA 178 to 30s —Oats, 22s to .14:.—Beans 24, to 584-1' , 4• 1 to 22s.—Rye, Os to 00.—Bread, Is 4d to is d i )e- Oertsius, Dec. 6.—Wheat, per bushel, Os. 01 Pica die 11.11-pock Loaf (Wheaten) Is. Id. halfpenny. BAssurr i Dec. 6.--Iliheat,36. 6.1. to 105.f,J.-Bew, to 4s 6d.—Vetches, Gs Od per bushel.—Barley, 16, ta Oats, 16 Od. to :Os Od ptr quarter.—Brcad, is 9kl hal; pail and smaller in proportion. Floor 60.. per sack._ BIRTH. At Greendown Cottage, the Lady of Sir F. Ford, Oar. MARRIED. Dee. I, at Carlisle, John Stziz, • Esq. of Dumfries, " 111 ' n SaMeld, of Abbey-street, C.arlick. Ike. 4, at Lewibhum, Mr. William Chambers, of 311 .! ° street, IL:Rover-square to Eliza, ouly daughter of E .4 ' Ledger, Esq. of Blackheath, Nem. Nov. 4, the Ref. S. li. Alderson, Fellow of Clia,Cie l Cambridge, to Miss Bennet, only daughter of PlilP BO' Esq. of Rut:ghoul Hall, in the county of Suffolk______.. DIED. Nov. 11, upon his passage hntre from Crer.ada, fore- 1f covery of his health, John Og!e, Egg. of the 9th liegt.l l At Jamaica, iu Juiy lut, Mr. Robert Aitken, pl3-^ 24 49 years. 27 of which he rel!lcil on that island. The remains of. &rjeant WILLIAM IIoNE, of the FA 4 Militia, were or. Sun.lity interred in St. Patti: !wrier; Cantetbury, attended by tic Staff of the buy honours. , .A iL S THIS DA V.—"/ 1.. Delt. lO W* Dublin 0 1 1 Lisbon 0 Waterford 0 • 5 i Fr.:nee 1 Guernsey and Jersey 1 1 llanniurgft 0 Holland 0 5 , Gottenburilt ° Flanders Malta 1 0 i Lecivad lamas 0 . 0 0 1 Jansalea - _....-I e — - ----- - - -- : 1 HIGH - V. A 1.12 -Ii et Lt/ii - I.iii:i iiillileffiltr-u OlllO Mc mint; - au - 0 rits? 4,01 S A:terroun • 34 ----- .----- LONDON: Pibited and pulahlted Lem ri a. • place, Trairte-im NIT: A~ Re ct Ole P tb Yew N. bed 1 tisra Semi Geoi Wyi Pr The as Robe Got Rev. Ts