Star. — London, England, 1821-11-16 00:00:00

L 11V INTELLIGENCE. COURT OF CHANCERY, NOVEMBER 15. TABEDT V. TENANT AND NESBITT. Mr. H tvr, for the plaintiff, moved for an injunc tion to retrain the defendants from putting to sea the ship Aloha, at present lying hi the port of Lon don. The plaintiff was the owner of 3-Bths of the ship, and the defendants were the owners of the re maining 5-Stlis. The shin was formerly commanded by the plaintiff, but Nesbitt had now transferred the command of the vessel to the other defendant Tenant. The defendants had lately put new upper works on the ship, which the plaintiff' was convinced she could not carry, on account of the rotten state of her hull, and they were about to send her on a voyage which the plaintiff conceived she was not capable of per forming. By AIM! ahy law, if a part-owner of a ship was unwiling that the vessel should proceed on a voyage, the ether parv•owner or owners had a right to carry her out, but at their own risk. All that the plaintiff desire.!, theiefore, was, that the defendants might be restrained from . putting the ship to sea un til they had furnished him with an indeninity for the risk of the voyage. The LORD Cuaeczehon granted the ir.junction.' VleFaCtiaNcai.Lolt'S COURT, NOVEIIIBEXI6. HEARNE V. e atanarox.. This was a bill filed lry the residuary legatee, pray lag for it certain sum of money as included in his legacy. The testator bad given certain specific le gacies, and then directed th at all h is other effects Should he sold, and the produce given to the plain tiff. After pa yine:a of all legacies, there remained a sum of money, besides saleable effects. The clues. tion was, whether money, which in its nature was not saleaEa, was conveyed by the expression " all other effects to be ~ o 1,1?" • The VICE-CHANCELLOR said, That he could only decide by construction, and by•acting upon the most probaule view of the testator. Money was not in chided in the expression " effects to be sold," but the testator having made a will, it could not . be held that his poverty was to be disposed of as if he had died intestate. What had been saleable effects when the testator had made his e ill, might have become money at the time of his death. Upon this construction the money was part of the residuary legacy. No limita tion could be ghee to die team " effects" as used in the will. The prayer of the billwas thereforegranted,t but the costs are to be taken out of the estate. COURT OF KING'S BENCH, NOVEMBER 15. THE KING V. HENRY COLLINS. The SOLICITOR-GENERAL moved the judgment of the Court upon the above defendant, convicted at the last Sussex Assizes of an assault upon Thomas , S i sarshaw. The circumstances of the quarrel had no interest. Mr. Collins (who has been a Lieutenant in the Navy) produced cc: tificates of his service for sirteens years, :said put in affidavits to the general temperance and p.-aceablehess of his demeanour. He said that he had been unable, from want of money, to employ Counsel at the trial ; and declared that (hut for the absence of a material witness) he should have proved the first attack to have proceeded from Mr. Sparshaw. The Soxterron-Getreaae spoke shortly in aggra vation. It appeared that Mr. Sparshaw had for merly acted as purser on board the same vessel in which the defendant had served. Mr. Collins had since been dismissed from the navy, and out of that dismission his mashy to Mr. Sparshaw was supposed to have arisen, Mr. Justice BAYLEY, after a brief admonition, sen tenced the defendant to three mouths imprisonment in the coated) of the Marshal of the Marshalsea; at the expiration of that time to find securities for his good behaviour during five years, himself in £lOO, and two other persoas in C5O each. THE KING V. GEORGE ii liE. This was an information filed by the ATTORNEY GENERAL against George Here for libel. The Sohletron-GENERAL moved the judgment of the Court; but Mr. COOPER obtained leave that the case should stand over, the affidavits of the defendant being irre gularly sworn.—Judgment deferred. THE KING V. MARY ANN CARLIER. This was an indictment preferred by the Society for the Suppression of Vice, for the publication of a blasphemous libel. The defendant (who is a sister of Mr. Caraile) was tried in July last, before Mr..histice Br;T, at Guildhall. The Jury found a verdict of Guil~y. Mr. Gunner now moved the judgment of the Court.—No affidavits were put in on either side. Mr. COOPER (who appeared for thedefendaut) sub pitted that it was for Mr. Gurney to begin. Mr. GURNEY submitted that his Learned Friend was mistaken. Mr. JusticeßATLev.—Where judgment goes by default, the prosecutor opens, because he has to state the facts to the Court ; but where the facts have been before a Jury, and where a verdict is found, it is for the defendant to begin. Mr. COOPER then addressed the Bench in mitiga tion. No one, he said, held in higher reverence than lie did the purest religion which had ever spread its doctrines over the earth, but no man on earth could feel less apprehension of danger to that religion from efforts like those of the defendant. The judgment which their Lordships were about to deliver would, Lint (Mr. Cooper was sure) be in any degree inflamed by the contagion of that general odium which at tached to the defendant's family ; but there was some danger, perhaps, that her sentence might be affected by an exaggerated view of the danger to be dreaded from her canduct. He begged, with humility, to remind the Court, that I'orteus, Watson, Lardner, and a hundred other!, all the warmest champions of the Christian religion, had deprecated prosecution against those who impugned it : he would refer their Lordships to the severe penalties which the family of Carlik sere already suffering in support of their opi liana; and he trusted that the firmness with which those persons bunt their punishment would at l eas t b e taken as evidence of the sincerity of their feelint;. Mr.GURNZIC (in aggravation) felt it unnecessary to detain their Lordships one moment with cournients twice the character of the libel in question. Upon the conduct of the defendant, few words would be eutficiem. Whatever might be said as to sincerity of • opinion, be (Mr. Gurney) believed gain, - sordid gain, W be the atimuiluing motive which had led her into Four distinct individuals—Carlile, his wife, !0.0. his shopman, and his sister--had been taken,one after another, from the shop in Fleet- street ; they had first been !Nought to trial, and subsequently to punish ment. Penalty, it appeared, excited the defiance ofl Carlile's family, instead of op eratin g u p on them as i example ; the arm of offence was insolently set up and pitted against the arm of law ; but the sentence of the Court (Mr. (iur:my trusted) • would prove to the world, that however offence might prevail for a time, the am of law, in the long run, was the stronger. Mr. Justice llavLee (after deliberating with his Learned Brothers) pronounced the sentence of the Court nearly in the following terms Mary Ann ICarlile, you stand here to receive the judgment of the Court, for a libel reflecting upon the Old and New Testaments. Every subject of Great Britain is entitled to hold whatever opinions he pleases; but none can be allowed to impeach established faith, or to endeavour to unsettle the belief of others. Your Counsel, in his very judicious address to the Court, has treated your opinions as erroneous; and I believe that every man who thinks upon the subject will, come, sooner or later, to the same conclusion. For myself, I can only say that, after much deliberation and research, such is the conclusion at which I have, arrived. The Court has no fears for the safety o f the, Christian Religion. It does not believe that the rock I upon which Christianity stands can ever be shaken by exertions like yours. But the Court has a duty to perform to society : to the poor, who have not the means of examination ; and to the young, who may neglect to use the means. To those persons, whose, greatest enemy you are, the Court is boost(' to give ats•protectionz the example of your family has not deterred you from offending; and it would be dread ful indeed if, for your particular profit, you could be allowed to poison the minds of a whole community. The Court, taking into consideration the circum stances of your case, does order and adjudge, that you, Mary Ann Carlile, do pay to the King a fine of £500; that you be imprisoned in Dorchester Jail for a period of twelve months ; that, at the expira tion of that time, you do find sureties for your good behaviour during five years, yourself in £lOOO, and two other persons in £lOO each; and that you be far= ther imprisoned until your fine he paid, god your sureties provided."—The defendant left the Court in the custody of the proper officer. CRIMINAL INFORMATION. Mr. F. Pou.ocs moved for a Iluleto shew cause why a criminal information should oot be filed against certain Burgesses of the town of•Berwick-upon-Tweed. The application proceeded from the Mayor, Town Clerk, Bailiffs, and certain Aldermen of the Borough; and it was founded upon the facts stated iu the fol lowing affidavit: The Corporation of Berwick-upon-Tweed having leased certain tolls in the neighbourhood of the town, a Guild was held for the purpose of putting the cot porate seal to the lease, and also in order to the ad mission of certain Burgesses to their freedom. In the course of the day, Holmes and Jefferies (two of the parties against whom the Rule was prayed) in terrupted the business of the Meeting by outcries and violent conduct ; and, when the seal was about to be affixed to the lease, they rushed into a part of the Hall called " the Bench," appropriated to the Magistrates, prevented the ceremony of sealing, and threatened', to tear the lease and put it into the fire. The Mayor,' finding it impossible to restore order, dissolved the Guild ; when Holmes, and a person named Burgess, assaulted the Town Cle:t, tore open his coat in search of the obnoxious lease, and (not finding it) attempted to throw the Town Clerk and the Mayor over the' balustrades of the Hall staircase. The LORD CHIEF JUSTICE thought there was sue cient stated to warrant the granting a Rule. COURT OF COMMON PLEAS, NOVEMBER IL The Court sat at Westminster till past twelve o'clock, but no case of any public interest occurred.' Mr. Justice PARK went at one o'clock to Guildhall to hear Nisi Prins cases. The following was the only one worth notice: RICHARDSON V. LAMB. This was an action of trover to recover possession of certain articles, the alleged property of the plain tiff, and said to be illegally detained in the possession of the defendant. The articles were a Gentleman's dressing-case, splendidly fitted up with silver gilt ornaments, and valued at £160; also a silver ink stand, value £4O. Mr. Serjeant VAUGHAN stated, that the plaintiff had been an officer in the army, and from embarrass ments had been obliged to take the benefit of the In solvent Act. Before that time the articles were his, and had been ordered for him by a Mrs. Mesteir; in fact, the action was brought for the benefit of his creditors. Mr. Cox proved that he had called on Mr. Lamb (one of the partners of Wells and Lamb, of Cock spur-street) to see some dressing-cases, and was by him shewn the one in question, as the one belonging to the plaintiff. On a subsequent occasion defendant admitted the property to belong to plaintiff in the presence of witness and plaintiff's wife. Witness fur ther stated, that he had taken a notice to the de fendant to deliver the articles, and that defendant then refused, alleging that he had a demand of l £lBO for them. On his cross-examination witness denied that the plaintiff had ever told him that he was the son of a Mrs. Mesteir, or that his mother was a Princess.— Heard that the articles in question were purchased for the plaintiff by Mrs. Mes:eir, and were charged by defendant to Mrs. Mesteir's account. The next witness was Mr. Hague, who stated that he was Solicitor to Mrs. Mesteir, the residuary le- I 'gatee of the late Mr. Mesteir. He proved that he had called on the defendant Lamb, for the purpose of arranging any accounts between Mrs. Mesteir and him. On this occasion lie presented an account which had been sent by Lamb to Mrs. Mesteir, in which the dressing-case and the ink-stand had been charged to her. Witness remonstrated against this, and said, that the articles ought to be charged to Mr. Richardson, but Mr. Lamb pen i ,ted in declaring them to have been sold on Mrs. Nlesteir's credit. This was the plaintiff's case.—For the defence, Mr. Serjeant LENS contended that no sufficient evidence was called to support the plaintiff's claim. He would admit that Mrs. Mesteir had ordered the articles for Mr. Richardson, but he should be able to prove, that pursuant to order they had .been sent to Mr. Mesteir's house; that in two or three days after wards Mr. Richardson called, and having been told that the articles were sent to Mr. Mesteir's, he said he was sorry for ; that. Mr. Mesteir was dead, and that it was not likely they could be paid for them, but he begged of Lan.b to send for the dressing case, and keep it until he (Mr. Richardson) could pay for it. If this should be proved in evidence, -he contended that it' would destroy the case set up on the other side; for even admitting that the original purchaser had been Mrs. Mesteir for Mr. Richardson, yet the subsequent Aquest of Mr. Richardson to keep the things until he could pay for them, would render him liable for them. He then called -- Lamb, the nephew and shopman of the de fendant, who proved the conversation of whkli the Learned Serjeant had spoken. On his cross-examination he said Mrs. Mesteir had ordered the dressing-case. She said it was for her son. He admitted that credit had been given in Mr. Richardson's account for £lB for the ink•stand. Mr.,Corry was the next witness, who said he was appointed an assignee to the plaintiff, on his having taken the benefit of the Insolvent Act. He had given no consent to the bringing of the•present action. The plaintiff's Agent here stated, that the witness was not appointed assignee till after the present action had been commenced. Mr. Justice Paint summed up to the Jury. He observed, that there could be no doubt whatever that the articles in question were- the property of Mr. Richardson, for it was clear on all hands that this Lady, Mrs. Mesteir, had ordered them to be given as a present (for some reason or another) to the plain tiff; but the question which the Jury had to try was, whether Mr. Richardson had not given the defendant a lien on the article, by telling him to keep it until he (plaintiff) could pay for it? Utile Jury believed evidence on this point, it would make the case diffe-. rent, and they would find for the defendant : if on the other hand, they would find for the plaintiff; but the whole was a question of credit due to the parties. The Jury, after consulting for a short time, found a verdict for the plaintiff—bamagesi.:l7 B , the value of the dressing-case and ink-stand. • GUILDHALL—The final decision of tie questionl between the City Liberty of the Palish of St. Andrew, Holborn, and the Inhabitants of Thavies Inn, relative to the liability of the latter to be assessed to the rates for the relief of the poor of that Liberty, took place yesterday before the Aldermen C. SMITH and Cox, who were assisted in their determination by the City Solicitor, in addition to their usual legal adviser, Mr. PAYNE, the Magistrates Clerk. After hearing the parties, the Magistrates withdrew with their -legal advisers into the parlour, and on their return into the Office, Mr. Alderman C. SMITH said, that he and his brother Magistrate had entered fully into the con sideration of the question, and Mr. PAYNE, the Clerk, would read their decision upon it. Mr. PAYNE then read from his minutes the decision, to the following effect:—" That the Magistrates having taken into consideration the evidence brought forward, and the arguments adduced, entertained great doubt whether Thavies Inn is liable to be assessed to the poor-rate, and do not, under all the circumstances, think them selves justified in granting the warrant against Mr. Fraser." Mancoortouon-STREET.—lnformation was given yesterday of a young man of genteel but sickly ap pearance having passed a number of £lO notes to different Gentlemen in the medical profession. Dr. Gregory, of Great Portland -street, stated that the man in question called upon him, saying that he la boured under severe indisposition, and wished for ad. vice. After relating the symptoms of his disorder, the Doctor wrote him a prescription, for which he tendered a £lO note; but the Doctor not having change in the house, desired him to call again. Dr. Gregory, shortly after, understood that the sick man had passed a £lO forged note to a neighbouring Sur ' geon, and got the change. It was then ascertained that the practice has been very general, and a de scription of the offender has been taken. MARY-LA-BONNE Oretce.—Yesterday a man of the name of Samuel Patmore underwent a second examination before JOHN Rawtansos:, Esq. the sit ting Magistrate, on suspicion of having robbed seve ral churches of various property. He was remanded for a week. BOW•STREET.—Yesterday, J. Towers was charged with attempting to defraud Mr. Sparkes, a draper, in Southampton-street, Strand, of two silk handker chiefs. The prisoner went to the shop in the name of Mrs. Spat kes's laundress for the articles ; observing, that she could not quit her home, as her son had fits, and could not be left. Unfortunately for him, how ever, she had within a few minutes quitted the shop; he was thetefore taken into custody. In defence, he said, that, as he did not get the goods, he had no right to be detained; but the Magistrate differing from him in opinion, committed him for trial. Mr. Messer, of High Holborn, gave information, that as he was walking on the Hampstead-road, he *as surrounded by a set of ruffians who were hunt ing an cot, one of whom snatched his watch and ap pendages, worth £BO. He seized the fellow, who struck him several times in the stomach, and Pt length got away, but not till Mr. Messer had torn off the flap of his coat. He made another effort to secure the villain, but was tripped up by some of his confederates, and the fellow eventually escaped. Alexander Bowers was brought in late on Wednes day evening, charged by Dallas, the street-keeper, with disorderly behaviour in the Strand. This worthy was clad in female apparel—a white muslin gown, with a multiplicity of frills and frippery round his neck, beneath a pair of enormous jet-black whiskers, and a chin of the same colour. Dallas stated, that he found him in this trim haranguing a mob of nearly two hundred people, in the Strand, between five and six o'clock that evening ; that as there was a , consi derable tumult, he considered it his duty to take him linto custody ; and that, as he was bringing him to Ithe Office, he said, " If the Magistrate has dipped deeper into the law than I have, - he must be a d—d clever fellow."—The Magistrate, who seemed to think he was mad, asked why he dressed himself so I ridiculously ? " Merely for a frolic," replied the prisoner, in a strong sylla bic and sepulchral tone. " Slow Innz have you been seized in this strange way?" and . t A hr n ee- d p q r t a ia y t t w er h s a — t a n r i e i I i l ta o r u y r t . ifel I am a printer, " the pair, just two hours—arc by th e e ar , one h our most Noble l p w r l i i s e o d n l e e r r , i a le nd kne ap w p ,a ea n r y e t d bin ns g u o c i li bi i m nte; Here his Worsliip asked a little b o y, w h o accent pabaonuietdhtihme, Tne boy replied, that lie had lodged his f 1 m a er s 101,1;;E, yeti pronnuace my in Wild-street, many year., and was in general a ve r y regular and quiet sort of man ; he had never sok him behave in this strange manlier before. 4. Do you think he is ikanne ?" asked . b u l . s ha N t V b e i r t , i l n i::: ::: ;prisoner immediately exclaimed i n . a voice of tbundcr-- . " I am not mad, roost noble Ikestus, but sp,,k the trrote,,,l truth deta a in nci ed7 be Le rne t ss m l e depart Upon in peace, a l c a e w , , or . do guilt. If these poor robes offend you . , will it be an? e:tt ,,, s ,: tion of my crime if I lay them aside t If so, , Ofi; G E , yo , Ito. lugs! Come, unbutton here!'" As he said this, he began to disrobe himself Lutily• and the Magistrate desiring him not to undress tjui t i' got out of the Office, he said, “-Oh, you need not f er ... I have a dress masculine beneath them, m a d e , b y as ') honest a tailor as ever whipped thread throu t i, tit eye of a needle."—Theipoor boy now explained toll* Magistrate, in an under tone, that he %va s not naafi, but " hurt in his mind." The 3liii;i,trate corni;li, mented the lad on his nice discrimination, a n d 11:. rected that the persons in whose house the prison* lodged should be sent for. They were sent fur a c cordingly, and into theircure he was deli vere d ;.and yesterday morning he came to the Office to La nni thanks for the•care which had been taken olliim. UNION HALL—Three well known characters, the names of Rolls, Jackson, and Walton, weft corn. quitted for trial for robbing-the house of a Mr. Wet. ley, of Church-court, Lanibeih, on the sth of No. vember last. A chimney-sweeper who ea s in ee court with a lighted link on the evening cf that da e , saw Rolls get on the shoulder of Walton, and from thence into the first-floor window of the prosecutor's house, and, after remaining there ler some time, l ie descended by the same means. The alarm was giv es , and the three prisoners were appzeliended, all n diem having been seen acting in conceit together the same court. Oa one of them was found an ir. chisel, with which a box in the room had ben broken open, and a watch taken front it, which wa also found in their possession. A Gentleman of respectability preferred a charge against an officer attending the Coburg Theats tefor mis conduct In icing out of the following circures•ances:— Titesday evening the Gentleman, acconicanied lq his Lady, went to the boxes of the Theacie, and re. mained there undisturbed till nearly the ciose o f the performance. In the last act of the evening's enure tainment, one of the box-keepers desired his Lade ts take off her bonnet, but on its being repreented that she was an invalid, and that it would he attended with an inconvenience to her, the request was net pressed, and the person retired. Shortly afterwards the principal attendant on the boxes came and ne newed the application, and the same reason was gives why it could not be complied with. On this reply being made, it was alleged that he was assailed wit language highly derogatory to a Gentleman, aad threatened to be taken forcibly out of the Theatre. He left the box, and on reaching the saloon, theta cer. now charged was about to handcuff him, rat withstanding he had proposed to leave his name and address, if the Proprietors of the Theatre thought proper to institute any proceedings against him.— Mr. Rorauer, the box-keeper, and the mine: Wing spectators, however, interfered, and he was die charged on leaving his card.—The officer admitted that be hadlaken out the handcuffs, but not till after the complainant had manifested a disposition to be turbulent, and did actually throw him nearly across the saloon. The accuser was not handcuffed, and, at Mr. Rorauer's desire, he was discharged.—Mr. Rorauer, on behalf of the Proprietors of the Theatre, related that one of the under box-keepers had per mitted the Gentleman and his Lady to occupy seats in the dress circle, on the condition that the 14 would take off her bennet. After- a consideralk lapse of time, it was observed that the primed not been attended to, and a message was sent daft was against the regulations of the Theatre to de bonnets to be worn in the dress boxes; an emits made to the messenger, and Mr. Rorauer heed went to the Gentleman, and politely 'minded ks of his engagement, and at the same time offered* the accommodation of a private box. The proposi was rejected, and he was certainly told that hist* duct was unlike that of a Gentleman, and 'battle rules of the Theatre would be enforced. The dress stances before related then took place ; but he was berated on giving his name and address, the object being solely to maintain propriety in the Theatre. — Mr. CIIANIBERX said, that it appeared that time G tleman who had the management of the boxesbad been very desirous of affording every accommode tion which, under the circumstances, he c o uld, ael the complainant bad been admitted into the drew boxes under a stipulation, which he thought Fea per afterwards not to abide by, and to set himself up in opposition to the regulations of the house:m better way was to turn such persons out of tie Theatre.—The charge was dismissed. • Friday evening, as William Bailey, :mailer, of Ramtgin was nut at sea near the North Brake buoy, when slufa. - ig rbt foreleg, the foresbeet block struck him on the head, and kouthel him overboard, when he sunk to rise no more. Robert GA another mariner, of that place, was also thrown overbwinthe same time, but he, with great exertion, regained their t. BIRTH. Wednesday, at his house, in York-place, Portmaniquittl t wife of Joseph Hume, Esq. M.P. of a daughter. MARRIED. Nov. VS, at Clapham, the Rev. Edward Tienley Attie,' Shlllingatone, Dorsetshire. to Loulsa.eldest daughter of Edoi Polhill, Esq. of York-place, Portman-square. DIED. Yesterday, at his father's house, in Cheapskle, Richard fads Jun• Esq. At sea, on board the Mangles East Tniliaman, Lieutenant*. thaniel Kirkman, of the 19th Bengal Native Illtaary. April 13 at Nailore, Dr. Cordiner, Surgeon in the MO PRICE OF FlialON STOCYS TFSTERDAT: French 5 per Cents. - - • slf* $ Spanish 5 per Cents. - ' - - fig Exchange (the hard Dollar) - - li Danish (the New Loan) 5 pct. Cent. Bonds - 11 Prutsian S per Cents. - - - li - Neapolitan 5 per Cents. - -$ Columbia, Debentut es - • - ___--- France 1 I)• Ham'fur* • I Ciatetibutgli 0 • I eew.:rd IsLlnda • Jamaica tilaI11;t1: T(1 • 13 rlir:t.tt; a(aer 40 1 . 0 NIP) N Printel . 2mipuMfMe4l tly Levu X aim PO M A 1 LS MIS DAT.-.-Allll. DIM Dublin • 0 1 Waterford 1 0 Guern-ey and Jersey 0 1 Holland u 1 Flanders 1 0 Malta 0 0 . _ . Hl 14-W ATF.II at LONDO: Mt ruing it film/iv • . .• fet ICC: Tenys i t- Bar. woo NI 10..! 45 4 3 %lay IP 111 da an th de Sa V/