Star. — London, England, 1821-11-30 00:00:00

ADDRESSED TO • * * * " Even in laughter the heart is sorrowful; and the end of that ninth is heaviarss."—Paov. iv. r. 13. How softly tranquil sleep the waters! save Whet e the hint ripple breaks into a smile; So brightly play the sunbeams on yon grave— So shiucs the 1110011 upon a world of guile! Alas! that aught so dread should for a while Wear such a mask of beautiful deceit, Which woes, to ruin—tempts but to beguile; For ab! there lurks, like :Etna's slumb'ring heat, The smother'd storm, which raves till sky and ocean meet ! So dawns the smile upon that softest cheek, Which the dimple languidly reveals; So faintly joyous, rind su sweetly weak, It speaks not, hides not, what her bosom feels; And now the cheeticss laugh but ill conceals The lip's least quiver, and the stifled sigh, And o'er her frame a chilling trembling steals, And they who watch her closely can espy One full and brilliant tear is gathering in lux eye' Yes, there are checks that smile, when hearts are sad ; 'Tis not the smile that sparkles in the eye, Unforc'd, uncheek'd, unconsciously glad, And the whole frame beams---bounds with gaiety. But 'tis a heartless smile, a mockery Of mirth arid pleasure, melandzoly Far; Another bosom aches like thine, and I, With looks of joy, but with a heart of care, Have smird, or tried-to smile, when all was likmk despair SINCERITY._ COURT OF COMMON PLEAS, NOV. 29. Pringdale, and Foresdale; and £lOO for the remain ing grantee, Johnstone, to answer the first year's pay ment of the annuity of £230. It was upon the latter reservation of part of the original sum that the , Learned Serjeant said he grounded hisright to make this motion upon the breach of the Act of the 53d of the late King.—Rule granted. PREROGATIVE COURT, NOVEMBER 29. HANSOR AND WIFE V. HARWELL.. Mr. Serjeant VACIOHAN stated this to be an action brought against the defendant, for having, in July last, assaulted and beaten the wife of the The cause was undefended, and the Learned Serjeant would not use his advantage ungenerously. lie should make but one remark on the case, and that was, that the assault had been committed by a mar ried man, if he deserved to be called by that name, upon a married woman, in a state of pregnancy. Mrs. Eleanor Barnes proved, that the defendant, who was her landlord, !sad, on the occasion in ques tion, grossly abused, and attempted to stsike the plaintiff's wife, but was at first prevented by the in terference of witness's daughter; he, however, subse quently struck her under the left breast, hi conse quence of which she fainted; she had been in a preg • uant state for about seven montl. In answer to some questions from the LORD Cuter Jubilee, she stated, that the defendant afterwards struck the plaintiff' himself; the defendant Nas a Custom-house officer, and her landlord. 'file house in which the plaintiff resided belonged to him ; wit ness paid defendant 18 guineas a-year for her house. Mts. Susan Smith Bocheron was then called.-1 She was the daughter of the plaintiff; the defendant in July last, called at her father's louse; she fetched her mother to speak to him ; he said, be came about a party wall ; her mother told him they would try , to accommodate the matter; he replied, by must grossly abusing ber, and said, he w.. 0311 soon make her settle it. The witness stated the abuse to be too gross for repetition; he then went to the next house to get his rent, after which he returned, when her mother was taking in her mangling things, and again began abusing her; her father came out of the house, and the defendant then abused and struck him; her mother told her father to come in; on which the de fendant went up to her, as she was standing with a child in her arms, and struck her under the left breast ; she was taken into . the house and fainted. A Juror asked, whether any medical assistance had been procured? to which the witness answered lathe affirmative, and added, that her mother was bled immediately on the surgeon's arrival. The surgeoe would have been called, but he WAS in attendance on a Lady ; defendant was a little elevated at the time. • Lord Chief Justice DALLAS then charged the Jury. His Lordship observed, that it WAS a little extraordi nary the defendant neither appeared himself; nor employed any Counsel to defend him ; and, therefore,l they must take the evidence in its most mitigated' sense. The defendant must have been mote titan elevated to have acted in suds a manner as he was sworn to have done. They had been informed of the' defendant's situation in life, and it appeared, not only • that he was above want by his employment in the Custom-house, but that he possessed some property.! The Jury would take all the circumstances into theirl consideration. The Jury consulted for a short time, and then gavel a verdict for the plaintiff—Damages, £lO. 10s. MENCE V. HAMMOND. Mr. Serjeant Hui.z.oce moved the Court fora Rule , •to thew cause why the annuity deeds in this case should not be cancelled. He grounded his motion upon the Act of the .5341 of the late King, c. 141, sect. 6, which regulated a new mode of registration, and also provided that wher e an y p art of the sum granted upon an annuity should be retained for the purpose of answering the payment of any future part. of the said annuity, or under any other pretence whatever, it should be lawful for the Court in which any action should be brought to recover on the an nuity deed, to set aside and cancel the same. The facts of the present case were these:—Mr. Hammond was a student in the University of Cambridge, and two friends of his there at the time, Messrs. Hopper and Smith, also students, applied through his medium to negotiate a loan of £1,500. Mr. Hammond ap plied to a party to transact the business, and the ne cessary arrangements were prepared. On the Bth of May. 1818, Mr. Hammond went to Mr. George B. White, at an inn at Cambridge, to complete the deeds, and receive the money ; he signed and sealed them, and also confessed judgment tn two warrants of attorney, for there were two annuity deeds of £9OO each. The defendant, against whom an action was brought upon one of those deeds, now deposed, that neither himself nor Messrs. Hopper and Smith, for whom he negociated the loan, ever received the full sum of £1,500, for which sum the said deeds had been granted: that the whole amount they ceived was only £9Bl, and no more. A sum of £245 had been deducted for expenses of agents in London, and for preparing and enrolling deeds ; £24 for expenses and fees of (3. 13. White; and £l5O was retained by the agents of the grantees, Williams, FORBES V.GORDON.—AFFIRII A T a tON AND SENTENCE. This was a question of probate as to the last will and codicils of John Forbes, Esq. deceased, late of Aberdeen, North Britain; and of Fitzroy-square, Lon don. The deceased (who, it appeared, was suddenly taken ill, only three days before) died on the 20th of June last, at his house in Fitzroy-square, at the age of seventy-eight years, possessed of considerable pro perty, supposed to amount to about £350,000. Be fore his death, the deceased made a nil!, by which he left £5OOO, besides an annuity of £1.50 per an num, to Mrs. Forbes, his sister, who was much ad vanced in years; also to the children of his deceased brothers and sisters lie bequeathed considerable pro perty. The nephews and nieces by brothers and sis ters amounted in number to fifteen, and in reversion to their children, grand-nephews and nieces of the testator, who amounted to thirteen, he left upwards of £200,000. To this will he appointed Executors Charles Forbes, John Forbes, and Alichie Forbes, Esqrs. with ani!ther relation of the name of Mitchell. The rest and residue of his real and personal estates he bequeathed to his Executors, ato stand and answer', for the same," subject to legacies, in such part as he' should afterwards dispose of by any codicil or codicils that he should afterwards make to his last will. Two, testamentary papers were likewise propounded as co- ! dicils, in the hand-writing of the deceased, marked A and B. The will of the deceased was contained in the form of instructions, which he put into the hands of his Solicitor, Mr. Hutchinson, of Lincoln's Inn, on the 2d of May, 1820, for the purpose, as he intimated to that Gentleman, of altering or snaking a new will, so as to include further bequests. Doctors SWAB EY and Patt.truone argued in sup , port of the will and codicils being entitled to probate, las containing the testamentary intentions of the de ceased, and which he was prevented from executing by the act of GOD, occasioned by sudden death; , since, in all such cases, the rule and practice of the Court was to give effect to what might fairly he col-I lected as the intentions of the testator, with respect to the ultimate disposition of his property. The present proceedings commenced by a caveat, which was lodged by Mrs. Caroline Gordon, to oppose probate being granted to the papers propounded, she being largely interested as a niece of the testators, and as a residuary legatee. The f.icts of the case were briefly these, as disclosed by the evidence :—The de- I ceased having entered into discussion with his Solicitor about altering his will on the 2d of May, Mr. Hutch inson told him there was no necessity for such altera tion, as the residue might be disposed of by codicils, appointing such legacies as he might afterwards think proper to bequeath. To this the testator acquiesced ; and Mr. Hutchinson being called away by other bu siness, neglected to complete the instrument further than the instructions now propounded, which re mained as the last will of the deceased, and who, it was then understood, reserved to himself the power of disposing of the residue, but without afterwards, saying how it should go. It was submitted, upon the evidence of the.butler, named Mulliner, that the deceased was prevented executing the paper marked A by sudden death ; he having been observed on the same day on which he died with that paper in one hand, and a pen in the other, looking at a intensely ; and that when the de ponent came into the dining-room, the deceased opened his desk, and put the paper into it, in the exact folding and situation in which it was found and identified after his death. The paper B was like wise contended to be a perfect codicil, although found in an imperfect state, and unexecuted. Dr. LusultroroN, and another Civilian, opposed the two papers being admitted to probate, on the ground that they were imperfect papers, from which no testamentary intention could be shewn, as to any . continuity of intention in the deceased that they' should ever operate; that the paper A was that which the deceased had abandoned at the time of his death,' and the paper B being comprehended in his will, was no longer operative, but was superseded by the will itself, or instructions given -to his Solicitor, from which a regular instrument was directed to be pre pared. These codicils, they contended, were in direct contradiction to the will itself, which left the de ceased's sister only L'5,000; whereas, by these codicils, leaving the residue undisposed of, she would take E 35,000 in addition to the £5,000. It was further contended, that the will and codicils should be sent to the Court of Chancery for construction. Sir Joins Mellor, observed, that the Court would give this case its most earnest and serious attention; not only because of the great magnitude of the pro perty, but the number of persons interested in it; although the magnitude of the property did Dot vary the principle which governed the Court's decision. — These papers, on the face of them, were confessedly imperfect. The evidence of intention was to be taken from extrinsic circumstances; and the evident inten tion of the deceased, that it should operate, was to be inferred; and that he was prevented from exe cuting that intention by the act of GoD. It must be presumed not merely an inceptive, but a deliberate act. The continuity of deliberate intention was not to depend upon one witness or one isolated fact, but to be taken from the whole of the evidence. Now the whole of the evidence in this case went to strew deliberate intention that these papers were intended by the deceased to operate - as will and codicils ' but prevented from being executed by the act of GOD. Not to pronounce in favour of these papers would be a manifest departure from established rules of law. The Court, therefore, leaving the effect of these papers to the Court of Chancery for construction, pro nounced for their force and validity, as codicils to the last will and testament of the deceased ; and decreed probate to issue to the executors named in the said will. Te• Yesterday, a mad dog ran along Drury-Line, and on his way bit several other dogs. He was pursued by a number of persons into Lincolu's Inn-fields, where he was struck on the head by a butcher's boi, and killed OA the spot. POLICE. !up from - St. Clemem's wetch:lionse, cliaree .. :l n in ern e :. • night-book with robbing NIT. —, sue:e,„„ of v ee . Menston-floose.—Yesterday a y oun g man of de- respectable connexions. It appearedby t h e cent appearance, who said his name was Wm. `,lf, of the watchman, that Mr. --, in a state of e ee tt was charged by a respectable perain, named G. Al- cessive iritoxicaticn, had beer. inveigled into the hoe.‘ bertus Ten Bruggenkate, who re sides at 7, Geor g e-1, of Powers, by the girls Biggs and Jones, and ther e yard, with having dispeoed of goods to the value of; plundered of everything lie had in in.; pockets. le £2.5, with intention to defraud. Mr. Bruggenkatel note, a gold watch, and several other things, p„. 010 stated, that he had a counting-house in the Old City I himself had led to their apprehension by pe e , eels, Chambers, for which he should be under rent until watch-house, and stating that a drunker Gclitlerm e Christmas, and having moved for convenience to f was at his house, and that as he knew him to haw George-yard about Mich:Kim:to advertised the cham- ' money about him, he wished the constable t o , eq . , bers to be let for the quarter, either him,v‘ •it gave h o a r e w ithout a re- somebodywent himself, to n sead f oundt ethitall the fixtures. Mr. S.& applied to ference, was accepted as a tenant, and offered to per- length in the passage, " dead *drunk !" aid all chase the fixtures and furniture. There was a deek pockets completely cleared out. This being e eeee on the premises, hadmiginally cost I:40 ; but he took all the people in the house in to custadea Mr. Bruggenkate consented to take for that and some had them conveyed to the watch•house, teget h er 7 ti other articles the sum of I:28, and was farther in- the drunken Gentleman , who be g a n to e o Fet ; r j a e dan lrtifto duced to take a bill at a month for t he sum. A few sober towards morning, and then he t b days after Salt bad taken proses sion, Mr. Bru g . loss. The Magistrate called upon the Gentleman, genkate received information that h e was endeavour- who stood before him coveredwith mud, and ing to serve himself by having upon his card the fol- ing with cold, for his account of the a ffair ; lowing recomnerndation so-e W. Salt, late G. A. declined say in g an y thin g about it—lie appear e d, i e . Bruggenkate." Mr. Bruegeakate, upon complaining deed, to be utterl y ashamed of his site of this liberty, received a promise that the card should :anxious to get out of it as soon as possible. Some bails not be circulated. A day or two after there was a was spent in expostulating with him on the dery h e more unequivocal proof of the intention of Salt. The owed to the Public, but it was useless ; mehi ngeerm large desk was removed. A boy was sent to aster- be made of him, and the prisoners were discharge& tain the place to which it should be carried, but he • The lugga e thieves, or, as they are called was driven back by those who authorized the re- Police, " Petermen," have been very busy t re i rei moval. The bill became due , and was dishonoured ; the great western road, between Hyde Park c ame and Salt offered the bills of twO other persons as se- and Brentford ; and they have, increov ee curity for the payment of the fine, but those bills morally lucky in carrying off tlivir plunder m en , were liable to many objection , . Salt then disap- lested. A few days since, the Gosport stage net e peered, but was met on We.inestley by Mr. Brug- was robbed of a parcel of jewellery, &c. the men genkate, who took him into custody. Salt said that of Lady GRAHAM ;en Tuesday night the Wantege he had lately left the East Ind i a Com p an y 's service, .coach was robbed of several parcels; and nn weea. and taken the counting-house in the expectation of d dear y eld lig of lo th t e o i , f o lt p li r ,, i g te e, tr a a l r ,A ll i i t u o c a ar c r e i . a v g m e! a t e 7 o ie t ~li d . agencies; but those expectations having been dis appointed, he had given up the business. As to the M A atorononotoser nee.--Charles Bcareble l , 4 desk, he had merely exchanged it.—The Loan • journeyman shoemaker, was charged by Mr. Hill,* Mavost said, the prisoner had gone " very near the respectable master shoemaker, of Charletzeotee wind," and certainly was criminal-in a very high de- Bloomsbury, with beieg disorderly near his here gree, although the law could not recognize his corn- and also' with endeavour ing to.prevent a person from mittal. His Lordship, after advising him to look to carrying work out of his house. Mr. Ilia bum! his future conduct, told Mr. Bruggenkate, that if he ).et in con equence of the general depre ss i on could lay his hand 'upon the parties who assisted Salt, trade, and cheapness of provisions, he found i t ut , he might indict them all for a conspiracy. The pri-* cessary to reduce the svages of his journeymen, hoe soner was discharged. of the' weekly workmen and chose employed by BOW-STREET.—[n consequence of communications piece-work. Having reduced their wages, semi made to Sir RICHARD BIRNIE by the Attorney-Ge- the men declared themselves " struck for w.rro' neral, his Excellency the Dutch Ambassador, and since that period the prisoner, whom he never hag other inhabitants of Whitehall-place andits vicinity, employed, presented himself daily near his house, complaining of the indecencies and disorderly con- and lounging about the cic,or. Whenever any pa. duct of the numerous unfortunate women who infest son came out with work, he would say to dee that neighbourhood at night, by which persons le- " Don't work, the men ,hare struck." lie had it'll• siding them are perpetually annoyed, and cannot ap- lowed a girl who had work:, hur said nothing. Ha proach.their own doors without having their feelings ing remonstrated with the prisoner en the imps.. of decency outraged, Sir 11 :cumin gave orders to ptiety of his conduct, in return for his advice 4s some of the patrol to apprehend and bring before him Hill received abuse: he consequently gave him a any women of that deocliption found loitering there charge. It was stated that the workmen whose)* after nightfall: in pursuance of which,. nine of these for wages called themselves " flinti.;" and the iase unhappy wretches were yesterday brought to the Of- neemen of the trade held meetings at thea beam cf face, and Islamd at the Bar. As soon as the charge call, and then regulated the prices they toactivd was preferred, they all of them entered upon their themselves entitled to receive. When a nun dalad defence at once—each stating a different story, and off at any shop, and on his mentioning Mart not two speaking in the same key, which produced done so to the general body to whom he was such a discordant sound, that not ore word they ut- tached, they allowed him money, and sent stranger tered was intelligible to the weal? y Nlai ; istrate, who, to lurk about the shop, to whom they allowed 4c. 6d. after listening for a few minutes " oith ravished per day for making use of threats• to those wbo* ears," at length interrupted the inharmonious con- mained at work. Mr. Hill not having proved the cert, by ordering " the tuneful nine" to be committed the prisoner had endeavoured to entice any pastas until they found bail. from-their employment at his shop, he was ilischaryl UTTERING FORGED NOTES —A person of the name on paying his fees. of Doncaster, who keeps the Or:!nge-tree pnblic- TowN-H AL L, SOUTHWA Rxr—A case of r.cs coon house, in the New-road, appeared a: the Office yes- occurrence in the administration of the Peoria terday, and produced a forged £lO Bank of England came on at this Office. Noel Portier, having left note, which had been changed, he said, at his house and five children, had received a weekly alterauti by a servant-girl living with Mrs. Levison, at No. ss. for some time, from St. George's pariah, her' 28, Euston-place. The girl came into his house, and, had a mother in comparatively effluent cite , stating to Mrs. Doncaster that her mistress would be the parish reduced the allowance to 25.6 d. obliged to her for the change, handed her the note, view to compel her 'to contribute something for which Mrs. Doncaster gave her tea sovereigns in maintenance. The pauper complained to ti' return. He afterwards paid it to his brewer, who trate of the insufficiency of the reduced suer, returned it to him as a forgery. Upon sending it to parish officer being present, claimed a sue Mrs. Levison, she declared that she had sent no such the appearance of the mother, under the 4; note, nor any other to be changed, on the day in 'by which the father, mother, grandfather, ion. The girl then said, that she bad been mother of poor persons, are bound to sue, :Zed to get the note changed by a Gentleman of sufficient ability. Mrs. Portier was accordim who called at her mistress's door, whom she knew monad, and came attended by her younger nothing about. The girl, having appeared upon their appearaa , te bespoke a capability to I summons, was now examined, and stated that a tall pauper. The pauper having been examined sickly-looking Gentleman, of respectable appearance, distress, and the parish officer stating that had accosted her at her mistress's door, saying, that become chargeable to them, Mrs. Portier he owed Dr. Dillon, who was a lodger in the house,A on to shew cause why she refused to maintain £l.7s. for medical advice, and, as he was about to go, The younger Portier on the behalf of his - into the country, he wished to pay him before he left her answer was inability. It was true she town. He would therefore thank her to take the note one small tenements; but they only to the next shop to be changed, whilst he went to weekly rent of £3.35. and after allowing call at a neighbouring house, and he would return rates, ground -rent, and part being untenakt in a few minutes and give her the Doctor's money cupied by bad tenants, the net produce to ' ' did _ _ _ 1.. 111 6,011 ... re. to hand him.. So saying, he gave her the note, and withdrew. She accordingly went to Mr. Doncaster's, and received the change, and on her return met the stranger to whom she delivered the money. He then handed her £l.7s. which he said was the amount of Dr. Dillon's bill, and went away. The Doctor, how-' ever, upon her offering him the money, said he knew nothing of the person she described, nor did anybody owe him any such sum. Dr. Dillon, and a young lad who saw the stranger give the girl the nose, con firmed her statement ; and the Doctor observed, that the description given of the fellow by the girl and the boy corresponded with that which he had received of a person who had attempted, a few days before, to practise a similar trick on Dr. Gregory, of Great Portland-street. Sir lttcnaan BIRNIE observed, that it was clear the young woman had been imposed on. —There was not, therefore, the slightest imputation upon her. Mr. Doncaster said it was very hard that he should be at the loss of the £lO note which he had changed upon the credit of the girl's mistress, and asked if be could not compel her to pay it to bins ? —Sir RICHARD BIRNIE declined to give any advice Upon that subject. He was afraid that he could give him no assistance in the case unless the offender could be apprehended. If he were taken, dive wa, no doulst but the Bank would take up the business, and indemnify Ms. Doncaster; El. 7s. at all events was saved. The girl produced the £l.7s. but Sir RICHARD BIRNIE said he Would make no order with respect to it. The girl then took back the money, And the parties withdrew. Charles Powers, Mary his wife, Joseph Adams, Jaae his wife, Anne Bias, and Mary Johcs, were brought not exceed 1 is. 10d. per .veck. brother lived in he In , ci rent free, and this most assistance she could give him. He then in a written statement of receipts and mew the &Idler hearing was adjourned, to give officers an opportunity of examining into r T "Kt of 14 -XI Flak XXI — DIED. At Elgin, on the 9th inst. in the 79th year of bet sr, Helen Anderson, relict of the Rev. James Thonure, sister of Alterlonr. By shipwreck, near F.yemoutti, on the 4th inst. , to London, aged 31 years, Captain William verance picket, of Banff, second sou of thel cis Grant, of the 55th Regiment of Foot. Nov. 21, Mr. Thomas Sharp, engine.rn, Colliery. He lost his life by a blow from At Cheltenham, on the 15th inst. Cart: the 17.1 Regiment of Foot, aged 47. On the 14th inst. aged 15, John, son TI. A. of Branton, Northumberland. OF FOREIGN.STOC - K: Enoch 5 per Cents. - Exchange, one month Ditto, three mouths Spanish .5 per Cents. Sectri!ins Exchange (the hard Dollar) DaniFh 5 p , :r Cent. Bonds Prussian 5 per Cents. Neapolitan .'per Cents. Securities Columbian Securities MALLS rots Dar.--AKII. 11l E. 1 0 Lisboa Waterford 0 3 France Guernsey andieney 1 0 I lambi Ftollavd 0 3 Gottet flantirrs 0 1 [mew:. Muka . 0 0 Jamaio LO DU N Printri and pc blifard else, Te Bar. reemy Ali.)waucco s pariah, butaie •. dent ciiiumva-4 ai e to ‘2:;.6ti. ads e sonietiling to ; Pr at lai ned to the Ma iticed sum, ridtle ted a minims* dzi - the 43d dr,* (Slather, and pi I to support the- as accordingly* , r younger son, ility to mai , • n examined as tating that he ri Portser was cile a to maintain If of his mother, - true she had ••• y only prods* 4 r allowing for -• g untenaided, ors a ;mince to his sea 1 eck. The house* , and this was the* m. lie then hail, :s and expenses,* b ed, to give the , • e log into sts • )th year of bet aln Thames . he Its ittet. on hetrylf Milani tient, I the late Lieuttla i ' root. ne..tr. an at the Percy 'rent eke ezrzine. Ctald SOll of the r Pr , fisTEitrat 190 , ss • A . 1 4 • • 3 • so ot boo • :nee • flthtirgli oettbnegh ',ward iamb Isaies 3 !Iv Livia. AIM vitt.