Star. — London, England, 1817-08-14 00:00:00

EAT INDIA HOUSE. Yesterd.ly a Court of Directors was held at the East India Heuse, when the following slti •s, engaged•for the ensuing season, were thus statione I, viz.: . Cenrr. Canning, I SOI sons; New skin, I ,SCO tons, Captain Mar . hribanks ; New s' ip, 1,100 r,”! 1, aptalu I,Camphell ; fart Balcarras„ 1.4.7 ton- Captain 3 Lune; n ; Buckingham shire, 1,300 inns, Captai F ; u-1.1 Marquis of Ilisatiy, 1,001 1 runs, Captain 13 isumbay ; I na cluna New ship, 1,500 inns, Captain M. Hyrilion; and Carle tinnily, 1,9n0 tong, Captain II A. Drummond—for B en gal and (bins. 1400 tons; and Princess Amelia, 1,200 tons, Cap talp P.: Bahron for Madras and China. New.shiP. 1000 trim, Captain T. W. Leech ; Lady 114!Ifeille, IND() tons, Cpp , a . n 1. Stewart; and Cabalva, 1,200 tolit i Cap hq. t. liine—for Chinn. . LAW INTELLIGENCE. COURT OF CHANCERY, AUGUST IS. THE QUESS,BERRY LPGACIEs. THOMAS v. MONTGOMERY. CONWAY In EARL. OF YARMOUTH. The LORD CHANcELLoR observed, Shill he had read the Petitions in this case, and if he was furnished with any proposition which the parties would wish him to make an order on, he would give his judg ment to-morrow, as he thought be was in possession Et - all the principal facts of the ease. He, however, had some doubts whether the Master, in his report, had paid sufficient attention to the b i.d for *50,000 which had been executed in the year 1816. Sir SANNEL ROMILLY said, that that bond added to the fund in Court, and w! ieli certainly was an induce ment to his Lordship to grant the motion made yes terday by his Learned Friend, Sir Arthur Piggott. ARTHLR PIGOoTT said, his motion was merely that th:. le,!uttes should receive one fourth of their le pacies, or that so much stock might be sold as to pay them per c. nt. Mr. RAITILBEY, C wnsel for the Duke of Buccleugh aLd the Eatl Wemyss, said, that he was instructed t,y his Noble clients to consent to whatever order his Lordship might think proper to make. LORD CHANCELLOR—" I am happy that they appear by Counsel, as I can go through my arduous task with more confidence. In respect to the Master's report, as is ;elates to the legatees of the second and third classes, relltive to the dates, I shall take , n oder nt it after proceedines which have taken place in the Court et Session in Scotland. It had been argued before both Divisions of that Court, mid the Judges have &li vered their judgments at length, but the Sec.ind Divi sion had come to a different conclusion from the Judges ot the Firs ; therefote, an appeal was brought np to the 1-I,•use of Lords, and the difference of opi nion ot the two Scottish Courts was filly discussed, and the direction of the House of INds was, that b uh Divisions of the Court should meet in one cham ber and rehear the cause, and give their judgments •collectively." Sir ARTHUR Ptdcforr said, his Lordship had, on a former occasion, made an ordt r that it should be advertised that—" only t ose claimants who had established their claims wcaild be attended to." The LORD CHANCELLOR—" I iecollret I did do so, but I was led into it by the difference of opinion of the Judges of the Court of Seining): On the point you aimed yesterd.y, Sir Arthur, alibi' satisfy you.sil to-morrow morniag." . • • AUGUST 14. This morning the Loan CHANCELLOR was pleased to order, that the Master should compute subsequent interest bn the Legacies 'given by the Will of the Duke of QUERNSDIERY ; and take an account of the arrears due to such of the Annuitants as are now living, ,and to the representatives of such of them as are now dead, down to' the time of their respective deaths, since the date of his report of the 23d day of JUne, 1812, and add the same to the amount of what he has reported to be due for principal and in terest of such Leg +cies and arrears of such Annuities, by his said report: and that he (the Master) as certain the one-fourth part of what is due to such Legatees and Avinuitants•respectively, on account of soil; legacies and interest and arrears of 'annuities. His Lordship was further pleased to order tkit the Accountant-General should sell so chi at mu ., 41,187,591 ss. 7d. Bank S per Cent. Astnuitles,ap pearing by the Accountant General's certificate to be standing in‘his name to the credit of the first-men tioned cause, as will be sufficient to raise what the said Master shall find to be the amount of such one hurth part of the Legacies and Interest and arrears of Annuities. The Master to ascertain the amount of one.fourtb part of the remaining Annuities, and to make a separate report or reports of the matters :tferred to him. The amount of the fund now in Court is £1,501,233 17s. sd. Bank Annuities; and Vie fourth 'part of the Legacies and Annuities now directed to be paid, £242,500. • ML'RRA7 IP. BROWNE. Yesterday Sir S. RONILLY moved, on the part of the plaintiff, the owner of the third of the ship Roberts, that his Lordship should order the sum of £B,OOO to be paid into Court by the defendant, also an owner cf another third. It appeased that the plaintiff had agreed with a Mr. Hollins to build a ship, Hollins to hold two shares, and the plaintiff one, with liberty to Hollins to sell one of his shares, which he to the defendant, who acted as manager of the ship, but never paid. the purchase.money for his third of the ship, and he was now in the East Indies ; but it was not ascertained in what part of that country he resided. He had been written to, but no answer had been re ceived. He, therefore, moved, that the morlefthweld be paid into Court, as it was in the handSV..ti L iN tendant's agent.—Motion granted. • The fourth Seal after Term being eonciudesi,. his Lordship heard some bankrupt and lunatic Petitions, of no interest except to the parties concerned. ZS ?HI MATTIR OP Int GREGORY PAGE TURNER, BART. Mr. ROWELL moved. that the examination of,the schedule of this gentleman, while a Commission of. Lunacy was enforced, should be postponed. • The Loan CUANCILLOII--." Let it be so I and the rem made on the ruat.day of aextTerm." PICT CHANCELLOR" COURT, AUGUST It. • . . ATTORNEY-ORNEIIAL IM,PREZ. Ron,eaLL applied to the Court in support of petition, prarng that the repairs of the Berkhamp stead Free Scheid should be paid out of hinds then in Court. This was a very , ancient charitable Inunda tion, which emanated from. individual benevolence.— The .clitice i i the lapse of time had fallen into eons :piste decay. It was originally constructed for the edu. cation of:l•14 boys. and proper endowments provided for the muter and usher, who resided on the pre., mises. It was referred to the Master to ascertain what the'expense of repairing the edifice would be— the estimate, in consequence, put was 411090. The funrkin Court belonging to the charity amounted cp.l more than this sum, and the object of his present ap..l plicatinn was, that so much of it as would complete the reilfiirs should be paid out for that purpose. Sir Sasaysa. ROMILLY said be was instructed to op pose this application, and for this reason, th it from I some cause or another no children of late attended the school, or were likely to do so, if the repairs were completed. A useless expense would, therefore, be incurred. Mr. Ilnurect admitted that the school, as well as the edifice constructed, for it, had certainly fallen into disuse and decay. But no blame attached to the masters; they were on the spot teady to do their duty. The Learned Gentleman's motion was assented to. INSOLVENT DEBTORS COURT. NOVEL Of POST I'ION. Yin OVERSEERS OP ST. PANCRAS V. JAMES MACKAY. The insolvent, James Mackay, was opposed by Mr. AGAR. for the Overseers or Directors of the Perish of St. Pancras. Mr. Ac.sa stated, that the ground of his opposition was one of a novel nature; but yet one which, in his opinion, would satisfy the Court that the insolvent ought nut to be discharged. The prisoner had been committed by a *anent under the hands of Mr. Foram, a Magistrate fur the County of Middlesex, for refusing to pay the sum of 4 1 25. being the charges incurred to the parish for the keeping, &c. of a bas tard child, of whom the prisoner was the father.— Mr. Aoatt contended, that the claim is not of a civil nature ; nor was it a common debt, as by the Act of Elizabeth, the affiliation of a bastard child rendered the father liable to be committed to prison for three months ; it was a criminal act ; and it fel lows were .allowed to be white-washed from such claims. he knew it would encourage the increase of proffigacy—(4 larsh)—bring burdens upon parishes, and additional miseries upon the country. He hid no objection to the prisoner being cleared from the common debts; but neither he nor any other ought to be white-washed from their crimes as seal es eon tracts. In the matter of the King and Archer, in the King's. Bench, the case of a soldier for the affi liation of a bastard child, the debt was 4120, and the Court was satisfied that be could not be discharged hom that claim, it being a criminal offence, for which he might be indicted. Mr. Serjeant Runetsoemt." The insolvent ad. mits the claim in his schedule as due to Mr. Alston, l o t No. 5, Charles street, Hampstead-road." Mr. HEATH, on the part of the prisoner, said that' Mr. Agar was an Officer representing the Parish. Mr. Serjeant RustottoTora.--ir The claim must be put in his schedule in the nonuse of the Directors of St. Pancras, or they will be able to come upon the prisoner f r the money, although he maybe eliareed to any admitted claim of Mr. Alston's." • Mr. HEATH hoped the Court would allow it to be amended instanter. Mr. Serjeant RUNNINGTON said, that there was no clause in the Insolvent Act which in the least affected the discharge of the prisoner upon the singnlargrounds stated by the opposing Counsel. He therefore al lowed the prisoner to amend the schedule in Court, and take his discharge. KENT ASSIZES. THE Itlxo o. MN Gomm. The defendant was indicted for unlawfully and con temptuously refusing to take upon himself the office of overseer of the poor for the parish of Gravesend. Mr. Gomm for the.proaecution, said his case was Very clear and short. Mt. Grover was a respectable householder, residing at Gravesend, and being called upon to fill this office, positively refused. He was proceeding to call his witnesses, when Mr. TAinae. ou the part of the defendant, made; an hisjeditio; which was decisive of the case. By tl , " statute he 43d of Elizabeth. it was requisite tl* an Over*r 'of the poor should be appointed by a Iss-4 rice of iconnty or corporation. In the indictment there was no averment that Gravesend was a Corpo ration. but merely ailed it “ the parishes and villages of Gravesend and Miltnn." By the statute a Milo leek dears was not sufficient with a direct averment. The objection was taken, and defendant acquitted. • DURHAM. ZLECTIMMIRING.HYNDICS 9. ALIEN. This was an action for work and labour. The work and labour being the services which the plaintiff. an attorney at Sunderland, had rendered to the defer. dant, a Member of Parliament, in a contested elec tion for Durham. Mr. SCARLEIT for the plaintiff observed? that the air 'of St. Stephen's Chapel had a bad effect on the memory : for any one who bad paid much attention to electioneering proceedings, must have observed that a candidate, before he was sent to St. Stephen's, knew every body—shook hands with every body ; was kind, open hearted, and most liberal in promises. But no sooner was he sent tee St. Stephen's than his memory became manifestly impaired, for on his return to the city or county which -had sent him there, he hardly knew any body. 40 Sir, I voted for you at the last election." says a enter.- " Did you so; then I am obliged to you, but I don't know you," to Sir, I was one of your agents at that election, and did you very considerable service, and you have forgot to pay me for my services." .4 Agent ! , services I I don't know what,-you are talking about; I can't recollect any sucleiltlng.; . 1 don't -know. you." This defect of rneasoklybad visited the defendant, who had forge - the setwiessiof the plaintiff, and refused that conspenr' satiou *which the action was brought. Witnesses were celled. who. proved that the platOk tiff had been employed for 20 days in procuring list of the treereen of Durham, who resided in and about SunderlancC and in canvassinglor the defendant. No ,Defence was made. and the-Jury found a verdict for the pleinti/f4- fQ26. . • . • - ‘ MUMMER se: HUNT; • The object- of . this action was to - sry whetber. the Bishop or Dtr! im, Under whom the defendant claimed, had a right to grant •a waggon:way over a eommln called Berkley-tall On the part of the defendant, it was allegtd that the Bisliop of Dot han', is I ird of the M snot. had .1 light to grant t11 ,, :e waggon-ways over the common, thatigh tommes.cirr at coal•pils of t h e townshi •Of Berkley. The plaintiff contended that the Bishop had no right to grant such a way. even from pits within the township of lied:ley, or at bast that hr bad nwright to giant such a way commencing horn pita without the t-wn hi of _elk.r, I cy, to the pr.iiidicv of the commoners. The questi•m depended on the Austen). It appeared in.evidence, o:at the. Bi.hop had exer aimed the tight 91 granting these wagg:ml Or rail-ways from pits within the township of Li.tlcley since 172 k. but the objection was, that waggon-ways hal heal granted over the common, though the ways ci.mmen ced from placf.s without the township; and there was no evidence of such custom.—Verslict for plaintiff. IRELAND. COUNTY OF DOWN AS3IhES, AUGUST 6. WILPCL FIRE 'RAISING, &C. A very inleresting trial took place this day, in the Crown Court, before :he Fi.nourable Baron *am- LAND, which hoed front ten in the morning till near ly•' ten at nic•ht. This prosecution was carried nn by the Bath!) and iri,h United Fire Insurance C•bmpany, in Dublin, against John Rogan, and lour of his sons, namely, Muringh Rogan, Bernard Rogan. Peter Ro.,ae, 211c1 Charles Regan, who were all indicted capitall y, under the statute of the 43J of the King, for wilfully and malicio sly setting fire to the house of the prisoner, John Rogan, at Ballyrea, near Newtowttatds, in this county. with intent to•clefraud the Insurance Com pany of a considerable sum of money insured t hereon. • The prisoners had been brought up for trial at the last Assizes, but their trial was postponed at their own instance, and with the assent of the Company. Mr. SCRIVRN, as leading Counsel for the prosecu tion. stated the case. The first witness called was John Campbell, Esq. who said, he is Secretary to the British and Irish United Fire Insurance Office; saw the policy executed by Messrs. La Touche, Ball, and Alexander ; proves receipt given for premium to. John Rogan, covering the premises of Ballyrea,l to the 45th December, 1816 ; has seen Bernard Ro gan, along with John, in the Insurance Office ;—he passed at that time by the name of Bernard Logan ; is not positive as to his person, but perfectly sure of the old man's. Mr. Andrew Allen Kennedy—Said be was in the Insurance Office in 1816 ; knows John Rogan ; re members him coming to the Office, to make a pro pocal for insurance on his house, for relloat, and for 4700 more on his goods, furniture, books, wearing apparel, &c. the proposal was received and effected. Mr. Campbell observed, it was a large sum to insure on the furniture of a farmer, and,that he must get some person in town to identify and certify for him ; nn which he referred to a linen-draper in North King. street. ot the name of Bernard Logan ; witness called upon Logan. (identified him in Court) who said he had lived near Mr. John Rogan for several years, and 'knew him to be a reipectable old gentleman, and had no doubt of his statement being correct, and that Major Haughton had formerly lived in the house ; when Bernard came to the - Office, he was addressed by the name of Logan; a letter was received in the 14.1 surance O ffi ce, bearing the Newtownards post mark, and signed 'John Rogan ; a receipt was here pro• dined and identified by the witness, as having .been 'sent by post to John Rogan, covering the premises of 'Ballyrea, from 25th December, 1815, to 25th De cember, 1816 ; on 21st March, 1816, a letter was received from John Rogan, stating the fire to have taken place ; witness went down to Newtownards in consequence, and had a conversation with John and Charles en the subject ; identifies Charles ; they stated thet.they were in great distress, and hoped the Company would pay them as soon as possible; wit ness desired them to make out an estimate of the loss sustained ; got it from John Rogan on the 27th or 28th March ; Charles was present ; an affidavit of its correctness:was made,by John. • , Cross•examined—Said he has not taken a very fire -part. ' his made inquiry alter witnesse s, bu q ?i peyeesoftel 'them money, or promised to pay tlietri debts conversation with a person siarniok Lundy, Whb was confined in the Sheriff's prison for debt ; he wanted money from witness, but did not get any ; when witness went down to Ballyrea, nothing was standing but the walls of the house ; believes a proposal was made to leave the matter to -arbitration, and a difference took place about naming the umpire ; examinations were not lodged till a short time previous to the last-Assizes. Was in the country abode three weeks making inquiry ; believes an action was brought by Regan before the examina tions were lodged against him. Mr. Henry Lanauze, jun.—Said he is agent to the Irish United Fire Insurance Office ; knows Bernard Logan ; sees him in Court ; he came to the Office of witness in October, 1814, and wished to insure to the amount of 420(X) upon his property, in his ware house in North Kingtstreet, Dublin ; brought the day after his proposal to the Office, for insuring £1450 British upon the stock, and 050 on the fur niture I proposal was accepted by witness, who went to see the house before be would deliver the policy, and from the appearance did not nor would not de liver it ; when witness asked for Logan and wife, neither were in the house or shop ; saw very little goods ; a few shawls about the window, nut £lO worth in all ; called himself always Logan to wit ness ; and also represented himself as a commission merchant. • Samuel Walker—Said he knows John Rogan and his son, who lived in Newtownards in March 18161 recollects the night Rogan's house was burned ; lived within walwarter of -a mile of Rogan's, as a servant 'with Mranietei 'Kea g ; his . mistress awoke him , and !sold hilnAllistßoganrs house was on fire; this Reelb. near toenail's!** in the morning; went and met thk. old nian - abent seven yards 11003 his own house, Whir said;Ciewalsoira only knew what was the Cause 01 the fire ; saw some chairs and a settle bed, staid till day s -light, and the fire was not out, when witness came minty ; did not perceive any particular smell ; .the family. had their clothes on. • • Crd4-ezaminect.—Roof had fallen in; skw four ot the, sous, Imes, &hough; Peter, mot Charley ; did rot see Bernard they enJenvotiresi to preeert the Ere from extending to the coach-house; Mortal+, was most ?cave t dtdnot see any of their clotllet off: Goes not rec..llect Any oil , . r .besot the ~, , use the d i Iliah !muse was itsttcheti 411.1 the co .c't-houss sleed. Smola Mavrell—said he ictnembers the time Ro. gan's house was burned byes about two '•r three litited,ed istan it • was al.wmed by Rogan's d , tighter ; he ro.st up and vent in the 11 , ,ut.e, ~ n d es '.sr w.is going up the roof fen in ; s.tw a clify and two nr three chAirs ; the chest was • lArge ()Id one; there might have betst other things which v fitness did not see; — the cheat w.,s aLain four feet by twn 4nd a half: witness and iwn others wort there me. day. µlien Jiihn Rogan voihted to a window upon al.:left In,J side of the lip $1op; , iu %%loch he said Let a had .-Lut a large quantity of oatmeal. boles Cdvan s!lnvelled the rabbis!' down to dw bricks, but saw ro 'rival, nor fait any smell as r: such had burn burned. Cress-examined.—Saw Rose Rogan. v:bo her ordinAry clothes t Moe tag!' went up on the cr.o.rh. house, and 1, :d to corn? down Ag.tin in conr.eo, , .;erce of the tire. James Cavan—SAid IV? r.ro:rnbers the night of the burning ; witnc,s and wile went about sun-the to the place; saw two or three chairs and a hamper Rogan pointed out t 1; ice he 11.!cl the meat. and a great many f corn ; went bat ct:u!d not find any thing that !;ad the appeartrcei•t meal. Sam. Eager—Said he remer!hers a house being burned in ballynattirock (not F,- t::ere were three toarrels f f inctl in it ; the s Ave, wr• burned and the hoops, hut the med was Iva ; th. kinantity might be 'line of ten cwt. aod there wrre Siser,even cwt. saved ; there was 'a eery p.aticular, re uoiitmas smell of lineal burning. - Kies Means—Said he lived with the prisoner bet' re the bre ; staid aLnnt ten weeks; there we:e live beds in the house, a.l chat? ; some were loi. posted, and one a settle-bed; SAW a quatiti7 of meal in the house, which was kept in a big; 6est ; lived with him atter the fire, between new an i I.)J May ; WAS in the potatoe field shovelling with Peter and Muttagh, and a man named hfactianiata ; a hoard was knocked off by P. Rogan, who said there was a hole there, and the board was put there to cover it a. spadeful of mole was then thwen over it by Peter; went to..the field alone about a mouth al.terwards, laded at thpplace, and went away ; went a second time and saw two bedsteads , in the hole, and h•• left them there; had 'atifiltem in Rogan's In u-,e before _the fire ; informed tsWlfirch and Mr. Cleland sir rtly: aftet, and also Alex. Patterson, the LBO C stable. who went with witness and sonic others to the fields; saw Murtagh and Ch cries at the plate where the boards were ; the mother and sisters were in the bat n-lrift, and shouted to them to run. as the yeomen were coming. Murtagh and Ceat les ran; a spade was left at the place ; the father, J. Rogan, Mnrtagh, Charles, and Mary, came hack (Murtagh and Charles were stripping ground which was ,over the boards) ; Murtegh had a gun and Charles a spade; they tan forward and asked what they were doing there t the constable told them he came with an order to .eai eh for the things that were hid in that held ; Mintagh answered. it any ihing was buried there it was by themselves; he Fes-rued the gun, and said toe w , via have witness's life; Pattersint the constable &sir( d him to take care what he was about; he iepcated ha would have witness's lice, and had only anethee to .take to make him perfectly .safe ; •did tint mention who that was ; threatened to shoot Pettersna ii he'did not put witness from him. The old man &site,' hits not to shoot Mr. Patterson, but to kill wiittc!ss:;' the old man then endeavoured to t4ust witness item be hind Mr. Patterson, aid hit Min severely on the side with a stick ; Charles laid hold of the fireleak, and took it from Murtagle who immediately seized a spade, anA pursued Brownlote with it, knocked him down, and struck him aster he WAS down ; Charles afterwards presented the lirelock at wiitiess Oa hear ing•the yenmen wire arming, the . Rogies man away. Mr. Patterson and the rest searched the hole, and were about three quarters of an hour at it; it wag about seven feet wide and f put: legit deep; hth:al a bed. .tester and bedstead, which witness had seen be'cre in Rogan's house ; also partition boards and a churn, which he knew . affer the fire; Also a pair tit glak'toi, 'llid.in the stiaW uptKe a hovel in the stack yard ;saw . -I. Clothes in the "loose ie.:tonging to Milt taeh art 4 Peter, aftly the fire,:wlliiit uteri there before it ; cannot say Stiy thing abrattl'Vornett's clothes ; pc isonets had 'some.changes of clothes, and had them all after the fire that they had before it. The third day after the things were found. lie bad some cativersation :with Peter Rogan, in Rise Quinn's, in Ne w to tenants. Pee ter sent for witness, woo also took Michael !Cann with him ; Peter told witness that Chattel and Mitre tagh were out of the vitictry, and would teiiniuish the name of Rogan for ever ; that his father WAS an old rogue, who should have been hanged twenty' years ago. lie then trifled to give wi'ne's cane ;tired pounds if he would tut', with them, :sod swc 4r ,that Mr. Cassidy and anew buried the attache; in the field of Rogan ; and that if witness we, •ide . 4 Bernard and stay wit!: him, he should get a I,CW of clothes, new boots, and x castor hat, and be:kept in a secret place, where it .body would see fa'ree; a nd that when out of the way. they (e.t R 1431.11) be suspected, and likely taken t.,) let Isis isierlcs• ; s a u ' ra t re but when the trial came it weld I nut hit long, as e they must be immediately acquitted by producing were vel °egad b n iw c u n i t id :y ae . "gdwi Pvoee: tha t ti dei wh en and c i tf ci of fe t a he t said he would not trust Mniselt along with him on anoyaTchceouwnatn;tePdeltitirmi,hclinerlnlajrd' , th e la i t ;:iie w e i , tn a e t !id d i d i is nit d fa ther, would be har ged. and they would be all :41.- stroyed. Bernard scat fur witness to same place a day or two alter, and a charge was inat'e against him (witness) for '..king wearing at,-,patel eta of the house of . John Rogan; alter witness had given txth,r lanation about thitiodsteads, Rogan took him before .Lord Londorsdetryauerthe charge of stealing appa -44; his .Lowlahltesheid Rogan it he was the man who had bossed . his Own house ? be answered that "his house was tuaerbehis Lordship thin asked him, it he replied ba n d received t a le otyet,but i ar u n l s dv ii e l t l y Ce a t!: returned for answer he would never receive it,. and .hat he was a rogue by name and a rogue by Datum, .usd Mused to take his examinations against the •vsnt- MSS S Rogan attet wards debited the const.atlc ,to keep I