Star. — London, England, 1831-07-28 00:00:00

i.I , ! :1 '• 1.. . i . i 1 I:ki ... • . t 11 1 1 . , ( . , f• i t . .•,, 1 . .11 ~• 1 r . I . tf il , . • f ; ;. 1 i '' r 1 Ir , 1:3!1 1 . / . , '• : 'i , I j i . 1 ..°'- ' ..: • . ,0 , 1 i l h : . /‘ . • 1 ) , ' V . 4 7. 1 .1 1, e . • I - • 11 1 ii • 1 :'0 ; • • . , • ' .o. J ' . I 'i r • I ,i HOUSE OF LORDS, July 26. KINNAIRD'S DIVORCE. On the motion of the Duke of Cu ausasteemb (we believe) the order of the day for proceeding with the evidence in this ese having been read, Lord %%Femme°, in the absence of the Lori Chancellor, who was detained in the Court of Choncerv. took his seat at the table. %lr. D. POLLOCK (with whom was Mr. Carza)appeard at the bar for the prtitioner, and gave the following outline or the case :—My Lords, I have the honour to attend at your Lordships' bar in support of a Bill intituled " An Act to dissolve the marriage of Hugh Kinnaird with Ann, his new wife, and to enable him to marry again, and for other purposes." And, my Lords. tinkers there were some eircumstor.ces connected with this case different from those which at: usually proposed in your Lordship? House, I should not trouble you with any statement beyond the mere outline of the facts. But there are dates which it becomes my duty to state. and facts connected therewith, in order to a better understanding of the case. The marriage between the parties was solemnized in the month of Sep tember, 1816, and they separated in t he month of No. vember 1828. Immediately prior to the separation, Mr. discovered that his wife bad carried on crimin.:l Intercourse with several parties, as the bill inti lam!, but especially with a serjeant in the Grenadier tiearde of the name of Roberts. An action was after. •...rds brought be the injured husband against the adul t, see in the Court of Common Pleas, in which the defendant tottered judgment to go by default. It is not for me to con. ,rive what the motive of the defendant was, but, from his r.nk and station in life. it is perfectly clear that he was not i.. a condition to incur great expenses, and, probably with a vies of preventing those from increasing, as they would un el(abtr.lly had a defence been set up, he withdrew his plea of Not Guilty, which a defendant can do. and he suf fered judgment to go by default. The writ of enquire fol. towed, as long ago as April 1826. Your Lordships will na. totally enquire why so long a period has been suffered to elapse before this Bill was presented before the House. Mr. Kin. naird was at that time Page of the Back Stairs of his late Majesty King George the Fourth, and was daily in the habit of :attending the King at the Royal Lodge in Windsor Park, where his Majesty resided. When the health of his late Ma jesty is taken into consideration, and when the services of Kinnuird are also considered, the period which has (lapsed will not, I apprehend, have any effect upon this house as regards the present bill. A sentence of divorce was obtained subsequently to the period of which I have spoken, and it breaks in upon the length of time to which I have called your Lordship? attention. In April, 1828, this di vorce was pronounced in the Consistory Court. I am not aware that it is necessary for me to allude more particular) to the preamble of this Bill. It is stated in the Bill, that Ann Kinnaird had carried on an adulterous inter course with several other persons ;" but the evidence which I shall call will chiefly go to prove the guilt between her and Charles Roberts. It will not be necessary to trouble the house with the recriminatory evidence produced boron the Ecclesiastical Court. One witness who was there examined as to Mrs. Kinnaird's conduct is since dead. It was shown before that Court that Mrs. Kinnaird was criminally connected with several other persona besides Roberts ; but I have no hesitation in stating to your Lord. ships that it will appear, by the evidence which I shall lay before you, that no prior suspicion of her guilt reached her husband before her criminal connection with Roberts. It is not my intention, as I have stated, to go into the recrimi natory evidence produced in the Ecclesiastical Court ; but I have thought it right to name generally what had there transpired ; and this I will say, my Lords, that, as against the petitioner, a more gross, or a fouler fabrication of evi dence never was put together. The witnesses contradicted each other. If it were necessary for me, 1 could show this most easily from their own statements. Lord WertroaD.—As that evidence is before the house, Noble Lords may direct their attention to it. Mr. D. Poemcx—l beg to call the attention of your lordships to what the witnesses Sarah Owen, Harriet Lomax, Sophia Johnson, and the two persons named Sut ton, father and son, stated. The learned counsel then ad verted to the testimony of the fint.named witness, and was proceeding to show its inconsistency with itself, when, Lord WYNFORD signified that he bad not expressed any difficulty about the matter. Mr. D. Poet.ocie said, he really felt there was no difficuby in the case; but he thought it right, after what lied fallen from the noble and learned lord, to advert to the recriminatory evidence given bethre the Ecclesiastical Court. Lord Wysroan—Let me not be understood as giving advice, Mr. Pollock; but use your own discretion in the matter. I have not looked at that evidence. Not half an hour ago was I aware that I should occupy this seat, other wise I certainly should have examined the evidence laid be fore the Ecclesiastical Court. Mr. D. POLLOCR—It did not occur to me, my lord, that there was any difficulty in the case when I was making those remarks; but this I will say, never, in the whole course of my professional practice, have I met with so corn. plete a tissue of fabricated falsehood as this recriminatory evidence. After what has now fallen from one of your lordships, I will not, however, go Into that part of the case; but if in the course of this investigation it should be ne cessary, I must beg leave to trespass on the House with some explanation. Having no difficulty in the matter at all. I will not longer detain the House, but proceed at once will the examination of witnesses. It having been intimated that the witness was absent who would prove what is usually the first evidtace in bills of this description—viz. service of the bill, and proceedings upon the party from whom the divorce is sought, Lord WYNFORD said that the evidence might be offered al a future stage. A solicitor produced a copy of the proceedings in the action of Kinnaird v. Roberta, in the Court of Common Pleas. Mrs. Maria Sanders, the daughter of the petitioner by a firmer wife, stated that her father was married at the parish church of St. Anne's, Westminster. in September, 1816, to Ann Searsoe, a widow, with whom he heed until the affair with Robcr:s. By Lord Wwatroxn—They lived together as man and wife. I never witnessed any eiisagreement. They appeared to live happily together. I did not know Charles Roberts. A copy of the register was about being put in ; but Lord WYNFOaD said that, in cases of this nature, the regis•er-book itself had been usually produced. Mr. D. Por.i.ocw said he would have it produced before the evidence was completed. Ann Skipton—My husband is a coachman. My name was Stark before I married, and I was a witness in the Ecclesias tical Court. I know Mr. and Mrs. Kinnaird. I lived in their service in the year 1825. They resided at Windsor. Mr. Kinnaird was, at that time, page to his late Majesty. His duties took him a good deal from home. He bad constantly to attend to the King. My master used to go out generally at eight o , clock in a morning, and remain from home until between eight and nine in the evening. Sometimes he was obliged to be out all night. When he was not engaged at the Royal Cottage aU night he came home. I knew Chas. Roberts; he was a serjeant in the Grenadier Guards. I have sees him and Mrs. Kinnaird together in the street at Wind sor. I have been told that she met him. Mrs. Kinnaird has herself told me. A question was put to witness as to a declaration made to her by Mrs. Kinnaird. Lord WVXFORD declared that this could not be received in evidence. Alr. D. Poctoci.--Does not your Lordship think that the service upon her as to the bill will obviate that ? Lord NVYNTO/ID.—You had better prove what you wish by acme other mein.. Witness, in cettelasion.—l have been sect by my mis tress to the guard-room with bread and butter for Itobetts. Mrs. Sarah Clark, examined--.31y husband is an inde pendent man ; he was pastry-cook to his Majesty George Third. We lived at Windsor in the year 1825. I recollect Mrs. Kinnaird leaving Windsor at the latter end of that year. Up to that period she and her husband had lived to. gether as man and wife. Mr. Kinnaird was formerly ser geant-footman to King George the Fourth, and was after. wards promoted to be a page. His Majesty was at that time living at the Cottage in the Park. It wes Mr. kin. naird's duty to attend tutu. It being now the hour for commencing public business, and the Lord Chance/ilk having arrived, the Counsel and witnesses were directed to wi htlraw, and the case was ue.. journed. Shortly after three. Lord WIMPORD hay.ug taken his seat at the tablie;teunsel were edict) in and the case was re sumed. it:4 A Solic/tor premed having served a copy of the order of the Houseond of the Bill, upon Mrs. Kinnaird, on the 13th inst. at No. A, Gate -street, Lincoln's-Inn. By Lord WOrtiFoan.—She was living at a Mr. Evans's, a cow-keeper. She ass lodging there. Mrs. 101;1;144 told witness that i o lui did no: intend to oppose the Bill. In atswer to a question put by the Learned Counsel, wit ness garthat at the house at which she lodged the husband hodl'itlfe and children. M John Gunn, examined—l am a wine-cooper, U present in Bisbopsgate-street. I was acquainted with In and Mrs. Kinnaird when they lived at Windsor. I wee • night porter in the service of his late Majesty. I lived at Mr. Kinnaird's • lam his nephew. I took rest in the day time, being up all the night. Mr. Kinnaird's duty took him out in the day time. I remembered a person named Bailey. I recollect words passing between me and Mrs. Kinnaird respecting Balky. She told me to go to bed. This was after I came off duty. On one occasion I did not go to bed, because nay suspicions were raised that all was not right. I knew a named Roberts, whom I have seen at the Poster's person Windsor castle, with Mrs. Kinnaird. I heard wh a t p asse d between them at the time. The language was familiar and indecent—such as ought not to pus between a married woman and a strange man. I once looked Into the porter's lodge, and saw Mrs. Kin. naird and Roberts alone together. I have seen sods and winks pass between them. In consequence of what I wit. neared I told Mr. Kinnaird of it. This was shortly after Ascot Races, in 1821. Mr. and Mrs. Kinnaird were sepa rated five or six weeks afterwards. I have known Mrs. Kinnaird receive visits from Mr. Swalne and ?dr. Coney, an Irishman. I was examined in the Ecclesiastical Court, but 1 do not remember what I there said respecting what took place between Mrs. Kinnaird and some person who was in the house with her. I heard the footsteps of two persons in the apartment. Mr. Kinnaird was not at home. Mrs. Sarah Clarke was again called.—l know a person named Bailey : he was in the employ of his late Majesty. I have seen him in Mr. Kinnaird's apartments more than once, in the absence of Mr. Klimek& Mr. Bailey was alone with Mrs. Kinnaird; they were in the kitchen, when I first saw them, and I afterwards saw them both pass into the bed room. I know Gunn. He came in at the thne that Bailey was there. Mrs. Kinnaird pressed him to go to bed, but he would not, saying, that he had something to do which his uncle had left him. Seeing what had transpired with Bailey I felt uncomfortable, and I went out and saw the window blind hastily drawn down. Some time after this I met Mrs. Kinnaird, and remonstrated with her for having a man in her bed-room. She was very much irritated and confused. She declared that she had not a man there. I said, "I am certain you had, for I saw him." I then asked her who he was ? but she still denied it. I afterwards mentioned the man's name to her. She then said 's that Mr. Kinnaird was of no use to her, and she must have some one." Mr. Bailey was with her three quarters of an hour. I knew Serjeant Roberts, of the Guards. He was quartered at Windsor in 1825. I think it was in 1823 when the circumstance be tween Bailey and Mr.. Kinnaird took place. I have seen her speak to Serjeant Roberts. I have seen the servant girl carry him bread and butter. I have heard Mrs. Kinnaird say that he was a very nice man, and had seen better da”. I recollect a travelling jeweller being at Windsor in 1826. I have seen him, in Mr. Kinnaird's absence, with Mrs. Kin. naird. I have known them to be together in the sitting room. I have heard highly indecent language pass between them ;it was so bad that I cannot repeat it. The witness here burst into tears.] 1 have observed the sofa tumbled after the jeweller left. Elizabeth Shaw lived with her at that time. I very often endeavoured to dissuade Mrs. Kin naird from reputing such misconduct. I never acquainted Mr. Kinnaird with what had taken place. Shortly after she had left town I saw him • he was then in great trouble. The morning before she left, I saw a quantity of trinkets in her possession. She had also a quantity of excellent clothes. By Lord Wrstroali—l was a lodger in the house. I mentioned what had taken place to my husband, but I did not asquaint Mr. Kinnaird with it. My husband is not here. I was disgusted with the conversation, but I hoped that she would be better. lam sure I told my husband. The Rev. W. Spears, the officiating minister of St. Mar garet's Church, Westminster, produced the parish register. book, in which there was an entry of the marriage between the parties, which took place on the 23d of September, 1816. Elizabeth Shaw—l was in the service of Mr. Mills, in June, 1825. Mr. and Mrs. Kinnaird occupied apartments in the same house. I knew a serjeaot named Roberts; I have seen signs pass between them. He nodded to her when she was In the house. She then usually went out. I have seen Serjeant Roberts at the door. I recollect Mrs. Kinnaird going to the door and speaking to him, when he went away. I once saw the German jeweller on the sofa with her in a very indecent manner. I went into the room without knocking. Airs. Kinnaird was very angry with me for going Into the room without knocking. I have known him remain with her for three or four hours. After he left the apartment the sofa used to be tumbled. He ' dealt in watches, rings, and brooches. She purchased some jewellery of him. By Lord 11'YXFOIID...4 was in the family four or five months. I never mentioned what had taken place until after Mrs. Kinnaird had quitted her husband. My parents live 12 miles from Windsor, and I mentioned it to them.— I spoke of it to another servant girl. I was a short time in Mrs Kinnaird's service, from August until I was ill. I left before Mrs. Kinnaird quitted her husband. Sir. Kinnaird obtained me a situation. Frances Richards—My husband is a cabinet-maker. In April 1826 1 lived in York -street, Westminster. Mrs. Kir.nakd lived with me. She told me that she had left het husband at Windsor. I removed to Upper Quebec -street. Mrs. Kinnaird went with me. She sometimes went by the name of &arson, and sometimes Spencer. We used to sleep together, unless when Mrs. Kinnaird brought men hook with her. Lord WYNTOAD—I think, Mr. Pollock, you need not carry this disgusting inquiry further. Mr. 1). Por.Locx-1 shall not trouble your Lordships with any further witness than the present. Lord 'Ws:iron) said that some of their Lordships were anxious to have evidence respecting the character of Mrs. Kinnaird before her marriage; besides, it was necessary to have sonic funlier testimony respecting the steps taken since the action. It would jp also desirable to have the husband of that a itness who had lived in the house at Windsor where those disgusting scenes were carried on. Sir. P. Por.zoca would not attempt to disguise from the Rouse that no attempt had been made to take the defendant in execution. He was a betjeant of the Guards, and had only 18s. a week. Lord Wy XFORD said that the damages awarded were 501. Now if the evidence on the trial had come out, what they had that day heard, he thought it would not be as many farthings. Mr. Per.Loca then said that he would supply the neces sary evidence in the course of a few days. The further consideration was then adjourned to Monday. LEFEVRE DVORCE BILL. The rehearing of this case came on to.day before the LORD CHANCELLOR, Ste. Thomas Salter was called. He was a porter at the Swan Hotel, Westminster-bridge. Mrs. Lefevre came there on the 27th of April, and left the let of May, 1830, from Scrivener's Hotel, from whence he had brought some luggage for her. She had a bed-room and sitting room, No. 12 and 13. communicating. Mr. Win. nington came the following night ; he was expected. At 6 o'clock on the mowing of the 29th, from the steps of gladder which he•had mounted to see to the cistern supplying the wa ' ter-closet, and wines there was a borrowed light trom which be could see unto the room No. 12. he saw Mr. Winnitigton and Mrs Lefevre in bed together. She had been there in November, 182 e, with a servant maid and man, at which time Mt. Whittington visited her; he did nut slay later than twelve o'clock ou that occasion, and he did not notice any thing at the time. David Hall and Henry Walker proved that ti.e circumstances of Mr. Wlnnington were such as to account for the damages not being levied or judgment proceeded in, when the Lord Chancellor said it was sufficient. He then inquired whether Mr. Lefevre was in town, and said it was always requisite for the party to be in attendance ; for it might be thought necessary by their Lordships that he should be examined in evidence. He then addressed their Lordships, tusking tome observations on the nature of the evideuce, and of the manner of that given by the servant Packman, whose evidence did not go to affect the conduct of the husband, whatever it might do to that of the wife. He then went at some length into the subject of divorce, which in England could not be effected but by act of Parliament. He stated the importance of the subject, and the necessity of care in the discussion and consideration of bills of this description in order to avoid any collusion. After which, the further con. 'ideation was adjourned. Fast ALE VOTE 111.-Mr. Severn, on Tuesday night, gave notice of the following motion : " That all unmarried females, baing duly qualified, shall be entitled to vote in elections fur knights, citizens, and burgesses, to serve in Parliament." The next step, after giving the power of voting, must, of course, be eligibility to serve in Parlia ment themselves ! PANORAMA OF THE BRITISH EMPIRE. LEEDS 74 11 7 5 r, My 23. This noble town now contains 67,664, being an increase from 48,603 in 1821, and with the out townships within three or four miles, is now 119,346, instead of 83,746. The number of houses in the town are now 14,136, instead of 10,338 in 1831, and with the out-townships 24,690, in stead of 17,418. No less than 16,618 families of 25,359, are in trade and manufactures, and the males so employed are only 6,227 in manufactures, and 13,178 in retail and handicraft, besides 5,162 various labourers, and 593 agri culturaL DEWSBURY BLANKET WEAVIIIILWe are sorry to hear of another turn out of industrious men on the score of low wages at this place. It is now near a fortnight since 170 men in the employ of Messrs. Hague, Cook, and Co. turned out, and we regret to say there is little prospect at the present of matters being arranged. These continual occur rences in this neighbourhood, are but sorry commentaries on the boasted prosperity" of the Mercury, and the state of things at Dewsbury may be traced directly to these !meet ings. In fact, the wool growers have been induced through these boasting' alone, to ask a higher price for their wool than the manufacturers were enabled to give, and the manu facturers in their turn, must save themselves by abridging the wages of the workmen. Both masters and men at Dewsbury, if they live a little longer, will have good reason to curse the organ, which from sheer ignorance on the one hand, and having other interests to serve on the o:her, than what belongs to a faithful journalist, has caused a wider spread of suffering and misery than can well be imagined. CHOLERA Monans.—Ex tract from a letter dated Hull, July 18:—" There is a decided case of cholera in the Hum. her this morning the man is not dead, but very bad." Ovetatzer.—A public meeting has been held at this place, to petition Parliament for an extension of the suffrage, for annual parliaments, sad vote by ballot. We regret we have not space to insert the proceedings, which we under stand were orderly and satisfactory. After certain resolutions had been carried the meeting adjourned. THE BUDGET AGAIN.—Lord Althorp has given up the idea of re-introducing his stamp duties bill in the present session. Thus falls to the ground the Whig flourish about relieving the newspaper puss from its heavy burthens. The news stamp is to remain at 3s. 6d. each advertisement. GIBBON AND ANOTHIK V. DINT AND OTHERS. Mr. Pollock, with whom was Mr. Crosswell, stated the ease for the plaintiffs. The plaintiffs in this action are as signees of Mr. Francis Clarke. who keeps a boarding school at Cotherstonc, near Barnard Castle. The two first defen. dents (there were seventeen on the record) are tailors residing at Cotherstone. In March, 1827, Clarke made an assign. meat of the school, and the whole of his effects, for the be. aefit of his creditors, and the school was carried on by him under the management of the assignees. After a short time, the assignees ceased to employ the Dents as tailors to the establishment, and they immediately arrested Clarke for the amount of their debt. The assignees not choosing to ad. Vance the money, Clarke took the benefit of the iusolven. set, and scheduled out. The elder Dent got appointed pre visional assignee, and immediately,accompanied by the other defendant on the record, took possession of the school, and sold all up. For this trespass upon the property of the as signees the action was brought. Mr. Scrjeant Jones, with Sir. Alexander, fur the defendants, contended that the as. signtnent was an unfair and fraudulent one, and had not been acted upon, and endeavoured to prove that Clarke continued in the management of the school, entirely for his own benefit. Verdict for plaintiffs. Damages subject to reference. SLANDER.—HALLILIT v. Segues. Mr. Pollock stated the plaintiff's case to the jury. The plaintiff, Mr. John Halliley, resides at Dewsbury, and is an eminent merchant and manufacturer of woollen goods. The slander had not only been uttered, but deliberately persevered in, so as to make it quite impossible for any man who valued his repu tation to pass it by. The defendant, Itlr. George John Spence ' is the son of Mr. Spence, landlord of the George Hotel, Dewsbury. So lately as Friday last, when asked re specting the law-suit, be said, " it is for calling Mr. Mani ley a sheep-stealer, but I care nothing at all about it; I have sold my house and lie can get nothing: I will call him a sheep.stealer as long as I live." Under these circumstances the plaintiff was compelled to appeal to the verdict of a jury; yet as he had no object in view but the vindication of his own character, he was even then, at the twelfth hour, ready to accept the smallest damages that would give him an in demnity for coming there, if the defendant would retract the expressions, make an apology for the use of them, and pro mise that the same language should not be used again. Mr. Sergeant Cross addressed the Jury for the defendant, contending that the plaintiff was the first aggressor, as he called the defendant a little undersized rascal and thief," and used other offensive expressions towards him. And in order to shew that the defendant was not actuated by any im proper motives towards the plaintiff, the Learned Sergeant read the following letter addressed by the defendant to the plaifitiff, shortly after the declaration in this action was filed against him In the Exchequer. Between John Hal- Mey, plaintiff, and George John Spence, defendant. I the above-named defendant, do hereby give you notice that I have not, nor do I mean,or intend, to impute to the said plain. tiff that he hath been guilty of larceny, theft, sheep-stealing, or any other such crime, nor that I have any grounds for so doing ; and that I have not, nor do I, or do 1 mean, or in , tend to state that the said plaintiff has no character to lose, or that he were a person of no character and estimation, or have any grounds for so stating ; and that I am ready and willing to enter into any written engagement or declaration to that effec.. Dated this 28th day of May, 1831. (Signed) G. J. Spence, the above-named defendant." The learned sergeant then called the defendant's father and brother, and another witness who had recently been in the House of Cor. action, all of whom gave an account of the transaction very different from that given by the plaintiffs witnesses, but also inconsistent with each other. Verdict for the plaintiff, damages 201. DOCK COMPANY AT KIROSTOR-UPONNHULL V. PRIEST.. LET.—The question in this case was one of considerable im portance to the mercantile portion of the community of Yorkshire. It was an action of debt, brought by the Dock Company at Kingston-upon-Hull, against the defendant, as clerk of the undertakers of the Aire and Calder Navigation to try the right of the plaintiffs to certain dues which the; claimed upon vessels trading between Hull and Goole. Mr. Pollock said this was an action, as they had heard, to recover from the defendant certain es alleged to be due to the company for the use of their quays and docks by cer tain vessels belonging to him, and the action was founded upon an act of Parliament under which the Dock Company was formed, and he (Mr. P.) hardly knew that he had much more to do than to put it in the act of Parliament,to prove the use of the dock by the defendant's vessels, nd then point out the manner in which the claim came to be made now in respect of the Port of Gook, after which it would be for his learned friend on the other side to state what was his defence, of which he was not aware. The act by which the docks atHull were established was passed in 1771; it the 14th Geo. 3, cap. 56. Under the authority of that act one dock was constructed; subsequently, as the commerce of the port increased, other docks had been added, but they wriest/ tovemed by the same laws, and all gave to the Cor poration of the Duck Company, the same rights. And by the 42d clause in that Ac : of Parliament, provision was made as to the rates which the company were to be allowed to take, and among other, were this : For every ship or vessel nom. log to or going between the portof Kingston-upon-Hull, and any part to the northward of Yarmouth in the county of Nor folk, or southward of Holland Island, 2d. per ton." The 44th section contained an exception with regard to coasting vessels. and the vessels with respect to which the present action was brought were of that description. But the ex empting clause contained an exception, that coasting vessels should not be bound to pay those duties unless they actually made use of the docks or quay?; then they were bound to pay, and it was for that use by the defendant's vessels that this action was brought. It would be proved that all the vessels in respect of which the plaintiffs made their claim, came under the exception to theexemption, and therefore were taken out of that exemption, conseqnendy the plaintiffs eon. sidered themselves entitled beyond all doubt to the duties which they now claimed. The vessels in question passed from the Port of Goole, a port that had been erected very recently, under the autnori t y of a n a ct passed In the Bth year of the reign of his late Majesty Geo. IV. cap. 100, sec. 136. By virtue of that act Gook was made a port, and had become a port of considerable importance, having a great deal of coasting trade, and not an inconsiderable share of foreign commerce. After it became a port, Goole, being considered by the Hull Dock Company as within the general range of the Port of Hull, the charges of the present nature were not made, but certain other charges were made, treating Goole as a lace within the Port of Hull, on the vessels making foreign voyages ; and undoubtedly in every instance in which there had bean vessels going foreign voyages from the time the Dock Company was established, a claim had been made, and had been acquiesced in and paid, In respect of those foreign voyages. When, however, they increased to such an amount as to be an object worth yof contest, those persona who felt an interest in the port of Goole, and in demanding an excep tion in favour of vessels passing to and from that port, raised a question with regard toGoole being within the port of Hull, which it had been taken to be, they denied the right of the Dock Company to demand them. The Dock Company brought an action, which wu tried at York ; a very long and elaborate case was afterwards stated between Conned, and a very long and learned argument was heard in the Chart of King's Bench, not long ago; and finally, that Court deekled that Goole was not within the port of HulL It was not a very unreasonable inference, that if Gook was not within the port of Hull, it was without the port and he hoped that those who were of that opinion would not deem it presump tuous in the Dock Company to suppose themselves entitled to dues from vessels belonging to another port, when they made use of their docks and quays. At his Lordship's suggestion it was agreed to turn the action into a special case ; but some witnesses were examin ed for the purpose of settling disputed facts. A verdict was then taken by Counsel for the plaintiff. Damages 12L; debt Is ; subject to a special case, with liberty to either party, if the Court above should think fit, to turn it into a special verdict. To the Right Hon. Lord Brougham. MYTON, JULY 7TH, 1831. My LORD—You hate moat unwarrantably and without any preceding debate concerning myself assumed a merit is not having erased my name from the Commission of the Peace, becau'e I was as you term it, " your adversary" at the Election for Yorkshire." No such right could devolve on any Chancellor to exercise his malacz or his prejudices. possess the qualifications of birth, property, and com petent knowledge ; and I did not act as a magistrate till the whole of my r.eighbourhood had requested WC so to do, nor till the magistrates in sessions had unanimously ICCOM. mended me to the Lord Lieutenant; and during the fifteen years in which I have acted, so careful have been my de- cisions, that not a single individual has appealed from them to the Quarter Sessions, nor charged me publicly or pri vately, as far as I know, with the slightest act of magisterial misconduct. The marked friendliness with which, notwithstanding our correspondence of last year, you recognized me at the late dinner of the Yorkshire Society, was met with sincerity on my part ; and it is painful for sue to lower the feelings of respect, and I will add of regard, with which I then sepa rated tram you, in boring now compelled to rise from that re tirement, to which 1 alluded on parting, and which has the luxury of freedom front *elf reproach, for the purpose of in dignantly repelling the aggression of your contemptuous mention of ute in that high place where I could not be present. With the unanimous confirmation of both Houses of Par liament, I taught my brother Justices and the Judges of the King's Bench, that prisor.ers should not be punished on the tread.mill without trial : and I now instruct your Lordship, that you have no right to assume a merit because you have not inflicted on me the injury of a removal, without a cause, from his Majesty's Commission of the Peace. have the honour to be, my Lord, Your obedient Servant. MARTIN ST4PLETON. WAKEFIELD, JULY 22.—The supply of wheat is mo derate for this day's market ; any thing very choice is scarce and finds ready sale at an advance of Is. to 2s. per quarter.; second sorts, which are fresh, sell also at an improvement of Is. per quarter; but inferiur and stale sorts are still quite neglected. Barley nominaL Oats arc without alteration in value. Shelling is a shade dealer. Other articles as last quoted. MARRIED.—At Kippax, Mr. Thomas Meehan, of Sherbum. to Elizabeth, eldest daughter of the late Rev. B. Willis.—At Bradford, the Rev. Joseph Davis, of London, to Hannah, youngest daughter of James Marshall, Esq At Egremont, the Rev. Richard Parkinson, M.A. Divinity Lecturer at the Clerical Institution, Saint Bees, to Cathe rine, second daughter of the late Thomas Hartle Esq.— At Ordsall, near Retford, Notts, the Rev. John B.A. of Bihar Vicarage, near York, to Maria, eldest daughter of J. Roberts, Eaq. of West Grove. DIED...IIIt. Jeremiah Clayton, of Park Row, 68.-47, Mr. Wm.-Harrison.-75, Mary, the wife of Mr. Hugh Bell, of Park-terrace.-40, Ann, the wife of Mr. Ell Stens field, of Halifax..—Elira, youngest daughter of Mr. James Clough.—At Scarborough, 59, Henry Cooke, Esq. banker, of the firm of Woodall and Co. and chief magistrate.—At Walton-le-dale, near Preston, 74, John Fowden Hindley, Esq. formerly of Blackburn.—At Hull, Mr. J. Willoughby a portrait painter of considerable celebrity. DUBLIN MORNING REGISTER. The Nosey Examiner gives a full statement of the cir cumstances connected with the late outrage committed by the Orangemen near Banbridge. After describing the con flict, during which some inoffensive and unarmed men lost their lives, it gives the following distressing details : The Orangemen having no longer any opposition, com menced wrecking and plundering the houses in the neighbourhood. Fortunately nearly all the inhabitants had made their escape at the commencement of the &Say. One poor old woman, who, unable to escape, had gone upon her knees at the bed side, was shot in the groin by a miscreat, who dashed the muzzle of his gun through the window. On Monday last, there was no hope of her recovery. Infuriated with liquor, the Orangemen at first commenced firing through the doors and windows, dashing in the frame-work, and afterwards spilling milk and and whiskey, and smearing the walls with butter; but they, at length, began a systematic plunder— carrying off with them almost every moveable article which they had not previously destn7cd. The spectacle which the ruined houses now present is really shocking: the houses of an entire district left a complete wreck; aged women (some of whom had crawled for safety from their sick bed to hide in the potato fur), sitting on their fireless hearths, looking mournfully over the ruins of their property—and help less children, eyeing with fear and suspicion every stranger that turns off the road to look at the scene of desolation ! It is added that an int estigation into the transaction ha taken place by a meeting of magistrates at Banbridge, and that warrants have been issued for the apprehension of the be. viduals who have been identified as concerned in the effigy. Some lives have been lost at Girvan, in Ayrshire, in ems. sequence of the Orange processions there on the 12th inst. The Orangemen mustered in great numbers ; they were armed and fired on a large body of constables, and a crowd; osre of the former %as shot dead on the spot, and several odium were wounded, some of whom are reported to have since disi, The townspeople got a four-pounder which they charged and presented down the streets through which the Orange- men were expected to enter Qirvan, but they wisely declined the approach, and kept to the country. The Sheriff Depute was very roughly treated by the Orangemen. CASTLEPOLLAID Arraii.—Mr. Wallace goes down on the part of the people to Westmeath, and Mr. Pennefather on the part of the crown. The trial will take place on Monday. At a Meeting of the parishioners of St. Michan's parish, the Churchwardens in the chair, the following resolutions were unanimously adopted : That we are daily convinced that the Poor of this coun try are in a state of miserable destitution, end that it is the undoubted right of every person in a vilized community to be supplied with the means necessary to support life. That it is our decided conviction that a legislative enact ment is absolutely necessary for the purpose of making per manent provision for the Poor of Ireland. That as the Poor of the land have an undoubted right to support, it is but fair, just, and equitable, to restore the third of the Church Properties, which were originally set apart for their use, and which have been so long unfeelingly withheld from them. That while we thus maintain the necessity of a legislative enactment, to make permanent provision for the poor of Ireland generally, we must strongly allude to the very great disproportion in the means of the several parishes of the City of Dubl n ; it is therefore our unanimous opinion, that In the event of the enactment of any provision for the Poor of the City of Dublin, the same should be considered as one Pariah, and that the Rates should be levied accord. tag to the new valuation of Dublin. WEXFOILD ASSIZEL—This day (W ednesday) the court Judge who presides in the cri m i na l appointed nine o'clock for commencing the trial of the policeman, William Kilfoyle, against whom true bills for manslaughter had been returned by the grand ury. The hour named fur the trial was nine o'clock ; but Judge Johnson did not take his seat on the bench until two hours afterwards. The witnesses for the prosecution in the Newtownbarry case were then called oo their recognisance@ r—Terence O'Brien, Marks Devereux, Harny Hogan, Charles Morris, John Curran, Miles Doyle, James Redmond, Joseph Byrne, a s ::tl M r nme . oses Green so lD a F dres ie i C. di N is t eo i s t r i t sg an t e ll :Z i nsel esiti— lPP.lred fce my thi4esecu dis tion se: vend witnesses who have been sworn before the grand jury, in the case of King v. Kilfoyle, and whole testimony was to have supported the prosecution in this ease, have been called upon to appear upon their recogniaances, and none of them have answered. Under such circumstances, I feel myself bound to apply to your lordship to postpone this trial ;la the next undies. You have now before you the Adu lt of the down solidus, stating that these witnesses were sworn and went up to the grand jury, and were examined by they:. Many of those witnesses were served with down autanonsti to appear, and others of them were bound in their soo t . Lances to attend here and prosecute. Since then they harL absented themselves, u your lordship will find by the afF.. davit, without the privity sr knowledge of the down tolieitor. Without these witnesses, it is my duty to state to yo ur l ord. ship, that it would be impossi ble to proceed with tile rr secudon, and I therefore apply to have the trial postpon e d till the next assizes. Judge Johnson--I suppose the prisoner Is to be admitted to ball; there is no insinuation that he had any thing at all to do with the absence of the witnesses for the prosecution. Mr. Green—There is no objection upon my part, or on that of my lamed colleagues, that the prisoner should be admitted to bail; we only require that the bail should be reasonable and proper. Judge Johnson—Let the prisoner give security, 1::tu-,11 in 1001. and two sureties in WI. each. Mr. Moore—He will, my lord. Judge Johnson—Let me now see, are there not other pa. sons in custody against whom no bills have been found, and someagainst whom charges were made that the bills we t ignoeW, and a number of others who have given bail to cap. pear when called upon. Mr. Moore—With respect to those in custody, your lord. ship. I suppose, will discharge ►hem by proclamation “. the close of the assizes, and those who have entered into recognizances I intend to move shall be discharged from them—they arc not to be kept dancing here, ad injfsitam, from assizes to assists, .until prosecutors appear against them. Mr. Orem—They are bound by their recognissnen test. tend from assizes to assizes. Mr. Fogarty--I beg to state to your Lordship, that it was mentioned in one of the Wexford papers this morning, that the witnesses for the prosecution had absented themselves at the suggestion of the counsel of the friends of the deceased. On the part of my learned friends and myself, I disclaim the imputation. Judge Johnson : Yes ; I find there are unjust imputt• Lions cast upon all parties. I don't know the particular paper you allude to, but there are imputations upon all par. ties.—the imputations in the papers upon all sides are qui:e shocking, and have tended to impair the administration of justice—to excite passion and prejudice--they have cor. waled the truth, and put forward false statements. Tr: learned judge then ordered that the traverser., with the ex, ception of Kilfoyle (the amount of whose bail had be: already settled,) should give security, each in 501. and tet, sureties in 251. each. With respect to Capt. Graham, he i. to stand out on the same recognizance+, that were entered Into by him previous to the assizes. With these orders terminated all mention of the New•. townbarry prosecution at the present assizes. Waxiroan, Thursday Morning, Six o'clock —lt is dk. termined by the people, and they will be supported by a great body of the gentry, to hold a public meeting in town, to consider the best mode for them now to proceed rc. lative to the Newtownbarry affair. after what hu occurred at the awisea. The requisition for this meeting will be pub• dished immediately—the names of Sir Thomas Esmondc, and one or two other members of the late grand jury will. I hear, be affixed to it. _ _ _ The Newtownbarry yeomanry left this, this morning, at a very early hour, under an escort of the first dragoons. L saw them on the road; they were beaded by Kilfoyle, the policeman, who is let out on bail till the next assizes. DIED— In Cullin's Wood-avenue, 74, John Goldsmith, Esq. late of Ballyoughter—At Enniscorthy, Miu Roche, late of Balinavarry—Edmond Power, Esq. late of Post:. villa, Tipperary. AalsrocitAcY.—Aristocracy in a league, a coa lition of those who would consume without producing, lire without working, occupy all places that are well paid by fa. your, engross all honours by right of birth, without hatin merited them. A writer in the New York American recom mends, in pronouncing Polish names to sneeze once Cr twice, and then emphatically add ski! A coon IN MM.—A friend of ours was waditr,, , through the index of some law report the other day, and under the Os he found " great mind"—Mr. Justice Best's," and knowing that his lordship was not positioned of a wry large body, be was naturally curious to learn something of the dimensions of his mind, and, turning to the page ne. ferred to, he found the following :—" Mr. Justice Best ta.d he had a great mind to commit John Thomas for the mil. dcmeanour.—New Sporting Magasins. A gentleman living in Kentish Town had a tu mour upon his nose. Ile was a middle-aged man, healthy, up to his daily business, and very good-looking withal. But he could not rest for his tumour. Some French ladies had quizzed it. It was to no purpose that some old friends, soil amongst them some medical men, acquainted with his con. stitution, assured him that his tumour was strife, probably not without its usein preserving his general health, and that la violent removal might be dangerous. The tumour did not look well, and that was enough to send the gentleman to Sir Ashley. " Can you remove this excrescence, Sir ?" " To be sure I can," said Cooper; " we can remove any thing with the props instruments, but this is a mere nothing. Do you wish to be rid of it ?" " Yee," answered the at. flitted man. Sir Astley operated, as he always operates, like a gentleman ; a cut—a few tears—a little blood—the tumour was off, and our friend restored to his original beauty. All gratitude to Sir Astley; greatest of surgeons ! Ought to have a patent for removing tumours from news! When the middle-aged and restored gentleman got home, he feasted his eyes on the mirror. All smooth and symmetrical. He went out ; nothing but congratulations from his Frtnek neighboun, and the Spanish refugees. His happiness was complete, and his hatch now permanent. But, to and be. hold 1 after a week had passed, some symptoms of infirm. motion •gpp -mad, bleeding prescribed ; much weskatd without lowering the fever, till, three days afterwards, to awoke in the morning, and, to his horror, found that whole face was covered with saYstou.sis FRENCHMAN.—" Wherever swm d-thrusts are to be taken and given, I would lay my life that a Frenchman is one of the party. The Crusaders who were made prison en at the battle of Nicopolis found a native of Picardy in ateingsnce upon Bajaut ; the man had been in Tamerlane'' swills before he enlisted with the Ottoman. In our own ewe, the commander.in.ch of of the Cochin-Chinese force, wee of our fellow-countrymen."—Why did it DM occur to rindhesor 3lichelet, who makes this remark, that Lafayette finOt by the aide of iYashington, and that military tefenn la Turkey and Egypt has been led by French drill serjeanu? ENGLISH LA DUB ADROAD.-1 have remarked. se more occasions than one, that ladies who reside foe a M. lain time abroad, are generally the first to imbibe strong. often sudden, prejudices against the mother cou.nory. To • day, at table, a liWy assured me, that her absent Engiszd . lad never cost her a tear, or a moment's regret ; because. she added, ' the expenses of a single season. in London. would almost secure in this country, an independence fa life. A ball dress, which, in London cow her 301, Inlet here be had of the court miliner for as many florins. Wise then should she regret England ?'—Dr. Beattie's Gerona% Courts. LARGE LILAC TREE.—In a small space behind a house in Artillay.court, Chiswell-street, Finsbury, is I fine old lilac tree, which can be proved to be upwards of 10 1, years old. It grows in a box of earth of small dimensions; but it is supposed that its roots reach some spring, or mho source of nutriment. It is 16 inches in girth in the Ingo: Pte, and 18 feet in height. Even now it Bowers every yesr. though not so abundantly as formerly. In the last century. the house was occupied by a well known and muck respected merchant of the name of De Birdt. The person who sue• ceeded him would now ' if living, be 100 years of age ; and he used to say, that when he came apprentice to hit. De Birdt, " it was a goodly tree;" so that it appars have been planted before Mr. De Binh occupied the pew. we. The same family still reside in the house, and every care is taken to prolong the existence of this venerable plant—Mirror. BIRTH. The 54th inst. at Launde Abbey, Leicestershire, the lady of Henry Dawson, Esq. of a son. MARRIED. The !kb Inst. at St. Mary's Islington. Mr. B. P. n ti• llama, to Elise, second daughter of Mr. Lanman, of th e Strand. • The 37th inst. Martha. DIED. the wife of Mr. Jobs Bethany. Lincoln'a.ion-fielda.—At his residence, in New N ottb• street, Queen-square, In his Mid year. Mr. Samuel Hayes. formerly of Oaford.atmet, and latterly of King t. Comoweardro. bookseller. Lownow: PsiatWubla STAR OITICIC, No. 1, Pickett-place, Temple Bat.