Star. — London, England, 1817-07-25 00:00:00

SPORTING INT; LICA Vcf: Yocum—Tß , fighting men all sliewed yester,la7, as it sys4.ld to considered sleruga:ory to the sharaeter chi a pogni.c not to tie ) the slay atter combat. The Black is the be+t ta. Pei-:ter has itlered most mattriaßy in the sight arm, au stopping the ./11J,:ra Isft.hande I hits, as vr• II as abuut the head. ltirpalds and Le• sane are al o much punished. ISE t TIM; Al CHELMSFORD, JULY 24, 1817. I/ONCOSTS& IT. araza• ,4 to 1 agst Whitelock. 12 to 1 ag.t Sober Robin. el to 1 art Restless. 14 to I agst Osbert's. .. t to I a gst Wurrall. 14 to I agst Brother to Raphael. IV to I agst Stainbro. 20 to 1 agst Remembrances. to 1 agst Mr. Or elites. RACES—WroNtsons, fins 23. The Gold Cup, value iftfts. by Sub-cribers of 10p. each ; three year olds to carry four Obit- 41b. five Bst. ',db. six 9st. :lb. d aged 9.t. 41h. Three wiles, totalling at the beginning of the N and to go once round the Course ; Mares and tiel.hugs allowed 31b. Ten Subscribers or no race. Lord FA f's Duenna, 4 yrs. 1 Mr. Hou'dou tames ab.e. by Bobtail, dam by Orele, 4 yrs. 2 Mr. itush's b. t. Cabinet. 3 yrs. a 6 to it sad S to 1 on Duenna; won cagy. he Town Plate of A'7o. for 3, 4, and .5 year oltl horse% kr. wiikb never won a Plate or ASO. or upwards; three-ye.:r oLls Tst. lour Net. lib. Bye u.t. The best of thi et two-mile heats, .tart at doe Distance PO4l. Farrall's b. e. by Bobtail, 4 yrs - . 4 1 1 Majar N ilsin r el. 4. by Juniper, 3 yrs. - - 1 2 2 Mr. Lee's eh. e by Haney, 3 yr.. - s dr Mr. ltu.lea ch. c. Swartaesiburgh, by &reefer, 3 yrs. 3 dr to I on the fiehl, and even betting between thu Bobtail c. and Juniper e. after the tire beat 2 and 310 1 On Juniper C. after the second heat, high 6.1.1 s on the winner. Yesterday the following Gentlemen waited op'ln the CusNent.on of the EXCHEQUER, to bid for the First I...ntery for 1817, const,ting of 20,000 'rickets. The °Eels were: CAP ROf.t, D 1 sH Warts 11AZ ARD and Co• SivawalonT —Mr. CARROLL wits, of course, declared to be the Contractor. _ _ Uncommonly fine bot-house grapes were, yesterday, exposed for sale in Covent-garden market, at five shillings per pound. W. Hill, a Gentleman's kervant, was stopped in the King's-road, on Wednesdßy night, by a fellow in a soldier's garb, who demanded his money. The poor fellow, thinking him in jest, laughed at him, which so irritated the robber, that he instantly struck him a violent blow with a bledgeon, wisicli felled him to the wound, Wu; be forcibly took his watch and ran off. Two •young men, named Progere and Connant, clerks, late i-n Wednesday evening were returning home to Water-lane, when they were bustled by five fellows, who knocked them down, and rifled their pockets of their watches and l6s. in silver. William Whilduad, carpenter, of Easton, near Stam. ford, charged with setting fire to Utfington-hcuse, Lord LINDSEY'S seat, near that town, was committed on Frid4y last, to Lincoln Castle, to take his trill for that offence. The repurt, therefore, that, in conse quence of the des anged state of his mind, he had tilt been deemed proper object of prosecution, and had been given up to the care of his friends, thus appears to have been incorrect. A'typhus fever has made its appearance in Preston House of Correction. It has preva►led about a week, and three of the prisoners have already died of the complaint. To stop its further ravages, the patients, wh.i are now 17 in number, are to be ►mmediately re moved to a sui►able building on Fulwood Moor, which is to be used as a Lazaretto during the prevalence of the disorder. With the exception of Mr. LIDDELL, the Governor, who is at present suffering from a slight attack, the complaint is confined to the prisoners. 'Yesterday, in consequence of a printed notice, a select meeting was held by the invitation of Mr. R. OweN, of Lanark, at the George and Vulture Tavern, Gambill. The object was "to consider and deter- Mine on the propriety of a public meeting of Mer chants, &c. &c. rn the City, to propose A general sub scription for the purpose of an establishment of ex-, periment and practice of the plan for Relief and Em ployment of Parish Poor, Labourers without employ ment, and other paupers and distressed Poor People." —Mr.. Owen stilted, that notwithstanding the im proved condition of affairs, there were yet a.great number of distressed iadividuals who deserved the attention and support of the benevolent. In remark ing on the situations of calamity that had occurred within his own neighblurhood, he said, that at Glas gow and its vicinity, for the last ten months, there were at least 12,000 persons who had not the custo mary means of subsistence, and who were maintained, if maintained it might be called, on one-third of the ordinary support. In England, where the indul. gebces are greater from habit, these persons could not have subsisted; and, indeed, they themselves were only prevented from starving by the disposal of every thing that was disposable around them.— The worthy Gentleman said, that he had had fre quent intercourse with Mr. Bourne, the Chairman, and other members of the Committee on the Poor Laws, and that he had furnished them with all the information in his power. He observed, that on the plan be had to propose an immense saving would re rah to the country of Bor £10,000,000 ruing, which were now annually devoted to the preservation of the necessitous. His principal purpose was to give employment to the per, in order that every Stan, as far as possible, might maintain himself. About 1,000,000 of paupers were at this time re ceiving parochial relict, by far tlfe greater portion of whom might support themselves; and, generally speaking, the labour of one individual pro;erly di rected, and under the fit organization of society, would piovide aliment fur tour persons. A principal feature of the project of Mr. Owen was to induce, under a statute called the Gilbert Act, various parishes to unite in order to carry into effect a scheme by which the expense of 115 would produce equal utility with the charge. of £l5 under the present paro chial expedients ; and which ultimately, by the per- Suanent provision it would secure, would exonerate the Wealthy part of the community from the heavy burdens at present imposed under the Poor Laws. —lt was in the sequel determined, that a Committee should be formed oi several Gentlemen present, to CORN EXCHANGH, MARK-LAME., :L'LY SS. Oar Wheat Trade continues very heivy and prices are nominal, not having an y dcmknd although lower prices arc asked than cm :‘fenday. There was in improved demi.% for CAts and Beats:, at a trifling advance. Barley and other stain stippc,rts tloaday's ices. 1 Manent provision it would secure, would exonerate or an intention UM Envy motor uvrivc uu u are nominal. not having any den:thud although lower the Wealthy part of the community from the heavy from his property, were proved down to within a In the spring o f j 1807. the deceased being very burdens at present imposed under the Poor Laws. very short time of his death. For about fourteen unwell, went for a change of air on a visit jo tits prices arc asked than Ent :‘fenday. There was in —lt was in the sequel determined, that a Committee years prior to that event, the deceased had been on uncle, Mr. William B e rnard, a t Hill, near South- improved denial for Cats and Beaas, at a trilling should be formed or several Gentlemen present, to terms of great friendship and confidence with Wm. ampton ; and Miss Whiting d e posed, that on one advancv. Barley and other gt . ritt s u pports Monday's whose names were to be added others of the fi rst re- Hotham, of Het/v=or Farm, Beacons fi eld, Bucks, afternoon, shortly aftcr Good Friday, i n th a t ye ar , prices. spectanility in the City, consisting of those who had and it appear e d entertained a g reat re g ard -for him. she went there to see him. In the course of convey- SMITHFIEII ) MARKET, JUt.Y tit to 4, se i vest its to so 41 r, already signified their approbation equally of the de- They corre s p o n ded , ver y confidentiall y uponsthe de- 'seticip he spoke of his intention of making h i s will, )feet Minton St ad to 41 j aka". 4% 01 to Ss W sign of Mr. ()war, and of the moans he proposed to ceased's private affairs; and one letter from the de- but said he did not like to employ any attorney ii. Lamb • 46.0 d to Si. 6d. carry it into execution. ceased was exhibited, dated March 6, 1616,in Which the nsighboushood, as they wets knoen to his family, Beasts --Ater ,ita Lambs 7,bso L.IIP Pa BLZIGENCL COURT OF CHANCERVIITLY a 4. Ilit!lrr,MTOM AN!) oritEits qt. ifittiCOUßT AND Widths. Mr. Lrwst applied to disrelve an injoretion oh tainted by the Plaintiffs to prevent tie Defendaot Haicoutt from c. , llecting certain rm.!. ft app" ,red; from what was stated in the hill, that the defendant had been eneaeed with partners iii the putchase of estates ; and t h is e20,t)00 had heels hortaswed front the plaintiff;. The deLndant Harcourt 114 agreed to assign certain frec.hold and copyhold estates as security for the £'20,000 ; bet as the assignment had not been completed, the plaintiffs had applied f and obtained an injunction to prevent the defendant from receiving the rents of the said estates. The answer of the defendant, however, was, that accord. ing to the agreement the plaintiff, were not to have recourse to him until )they securities in their power had been made avAlable ; and that, when he was milled to on the subject of making the assignment, he was assured that there was little danger of his being called on, as the plaintiffs were in possession of good securities. They ought, therefore, to have I resort, in the first place, ti these securities. it was, indeed, surprising that an injunction should have been applied for, to prevent the defendant, who was a Gentleman of property, from receiving the rents, in order to leave them in the hands of tenants. If the plaintiffs were entitled to the equality to which they pretended, they ought to apply for a receiver, not for an injunction. Sir SAMUEL RoMILLY, who was Counsel on the other side, explained the reason why the plaintiffs had applied for an injunction, and not fur a receiver. Mr. Harcourt had engaged to cinvey the estates as security for himself and partners, and measures had been taken in pursuance of this agreement. The plaintiffs, therefore, wanted no receiver, for they would have been in possession themselves on the exe cution of the conveyance, which they understood to be in progress. Now, however, finding that the con veyance was not executed, they wished that a receiver should be appointed. Mr. LEACII said he would not resist the motion for a receiver. The LORD CUANCBLLOR ordered a Receiver to be appointed, that the blaster should see what pro perty was comprised in the agreement. The rents noa , doe were ordered to be paid into Court without pick:dice. ORDERS OF COURT RELATIVE TO BANKRUPT OASIS. Mr. MONTAGUE having asked his4Lordship to hear a Bankrupt case between and the .. 7th of August next, his Lordship replied-- de Gentlemen—l here beg leave to inform you, that I shall not sit after the 25th of August next. I must further observe, that as several applications have been made to me for the purpose of my hearing Petitions in Bankrupt cases out of their order, I shall certainly on no account bear any petition out of order, Unless some extraordinary grounds are stated to in duce me to do so. I believe all of you will do me the justice to say, that no man can feel more deeply than myself the paintul privations which parties in this Court must undergo, by their cases being long detained in the Court. At the same time, should I consent to this application, I do not see why I should not do it in a thousand other cases, as the same argn meumfor the one might be brought forward for the other ; and by doing so, I might be the means of ruining those individuals, whose cases, by priority of claim, I ought to have heard first. It is but just 1 should bear parties in regul..r order; and, therefore, I beg all such applications as . the present be in future desisted from. On the 15th of August I shall rise, and till then I shall most assuredly give all my at. tention to such cases as shall come before mr —an assurance of which I believe you require no pledge." The other cases were chiefly Bankrupt Petitions, which were of no interest but to the parties. PREROOA nvE COURT, DOCTORS COMMONS. JONES V. IIOTHAM. This was a suit as to the validity of the will ef Christopher Tennant, Esq. late of Sampson's-hall, in the parish of Kersey, in Suffolk, deceased. The will was 'dated the 14th of May, 1812, signed and sealed by the deceased, and purported 'to dis• pose of real and personal property. There were se. veral idterations, with the deceased's initials against thom,ssome of them made within a few days of his death ; but There was an attestation clause without witnesses. The will was propounded on the part qt William Hotham, Esq. the executor, and opposed by Marianne, the wife of the Rev. Thomas Jones, the sister and only next relative of the deceased. It appeared that the deceased died on the 15th of May, ltiltd, at his house, Sampsen's-hall, at the age of about forty-four, possessed of no freehold property, but of personal estate to the amount of about iesooo. He bad formerly practised as an attorney, but ibis he had discontinued for some years prior to his death. He died a bachelor, without a parent, leaving Md.- Jones, his sister, and some nephews and nieces, the only persons entitled to his property in case of intes tacy. It was pleaded, that the deceased had con. tracted for the purchase of a freehold estate at Sud bury, in Suffolk, which he expected would be com pleted about May, 1812; but that, from subsequent occurrences, the contract was finally vacated about May, 1819. The particulars, however, of this train action were not distinctly apparent. For some years prior to his death, he had been on terms of enmity with Mr. Jones (his sister's husband) and his family, and some instances of this appeared down to within a very short time of his death. The will, which from its date appeared to have been made ca the 14th of May, 1812, was all in the deceased's hand-writing, and appointed the Rev. Thonias Jones, Clerk, (his sister's husband) to be executor and residuary lega tee, The several altkations as to minor legacies, subsequently made, were also in the deceased's band -writing, and authenticated by his signature. A dif ference afterwards occurred bet Ween the decease& and Mr. and Mrs. Jones, and some strong expressions of dislike to them on the part of the deceased, and of An intention thit they should derive no benefit from his property, were proved down to within a very short time of his death. For about tourteeil years prior to that event, the deceased had been on terms of great friendship and confidence with Wm. he expressed hit sentiments towards his relations very freely, and spoke of his then pecuniary embarials I ments, and of his views of mattimnny. Mr. Jones's name was struck through in the deceased's will, and 1 that of Mr. Hotham substituted for it ; and, in tion to the several alterations thus occasio, , ed in Ow will, the following words, in the cleceaz...J's hand- I writing, were added at the end :.(6 The alt2rations I made in favour Of the said Wm. Hathene this 10th day of January, 1816. Sign:-,cl Christ. Tennant."— After the deceased's death, the will ':as found locked up in a private drawer of the d. ceased's writingalesk. And it farther appeared, that two or three days only before his death he had expressed an anxiety see Mr. Hothain; and desired him to he sent for, whilst he at the same time positively forbade any of his re- I lations being permitted to come near him. Sir Jorm NICHoLL observed, that the question was whether the deceased intended the will to operate ? If he did so intend, the Court was bound to give ope ration to it, however defective it might he; but if that point was not satisfactorily established, the Court were equally bound to pronounce against the paper. When there was an attestation clause, and yet no ' witnesses, the presumption of law was, that the de. ceased did not intend the paper to operate in its then state ; and this prestimption must have been repelled by circumstances to entitle the paper to probate. To this rule of law the Court was bound to adhere, and the strength of the presumption to be entertained must depend on the mitre and extent of the circum stances produced to repel it. Adverting to t' e con tents and appearance of the will, Sir John isiicholl remarked, that though it purported to dispose of real property, the deceased had at that time none to dis. pose of L though no contract for the purchaa: of any was proved, yet there was a strong probability that the deceased contemplated such a purchase, and therefore his introducing the clause of attestation could only have been dune from an intention to exe cute the paper on completing the purchase, being well aware, es an attorney, that such a formal execution would then be necessary. He was, however, equally aware, that to pass personal property, his signature alone would be sufficient, and by adding that it must be taken that he meant to dispose of that pin of his property ; he could have had no other intent in doing such an act, and this in consequence took off the or dinary presumption against the paper. But the pre sumption that he intended the paper to operate was confirmed by the alterations he made in it from time to time, and the couhrmation of those alterations by his placing his initials against them, and his sulquininp, an t signing the formal recognition of them at the end. This he would never have dune had he considered the paper as mere memoranda for the future testamentary disposition; but it was evident that he intended to authenticate the alterations, so as to give them effect with the rest of the will. He subsequently contrac ted for some real estates ; but considering that con tract at an end, he must have been aware that. he had then nothing bin personality, and for that he knew that the execution of his will, as far as it had then gone, was sufficient. But there was a farther con firmation to be found in the state of his family. The proof of his disaffection to them was clear, as was also his quarrel with Mr. Jones, in 1815, whilst the last alteration in favour of Mr. Hotham was in Ja nuary, 1816. Under these circumstances Sir John Nieholl was completely satisfied that the deceased's intention that the paper should operate was sutficiently proved, to repel the -contrary presumption arising from the state of the paper itself, and he therefote prcnouneed for its validity. Some discussion then took place as to the expenses; but the deceased's estate being supposed insolvent, and Mrs. Jones tak ing a considerable real estate, Sir John Nicholl said be should not detect her expenses to be paid out of the estate; but if the estate should turn out solvent, he should recommend them to be so paid. BERNARD AND COAIBY V. BERNARD. This was a similar suit, as to the validity of the will of Colson Bernard, late of Mitchelmarsh, in the county of Southampton, deceased. He died in Fe bruary, 1808, a bacnelor, leaving two brothers, Tho mas and Peter, the only persons entitled to his pro perty in case of intestacy. The will was without date or signature. He gave specific legacies to the amount of about seBso, and appointed his brother Thomas and Mr. Comby, an old schoolfellow, exe cutors, but made no disposition art the residue. It was propounded on the part of the mentors, and op posed by Mr. Peter Bernard, the other brother. It appeared that the deceased had a great regard for his brother Thomas And his family. They Assn , ciated very much with each other down to deceased's death, and many civilities constantly passed between them. The deceased had tor many years paid his addresses to a Miss Whiting, of Camberwell, and though of a reserved disposition to others, used to converse with her very confidentially about his af fairs. In 1805 she left Camberwell, and went to lire witty her sister, at Southampton, and then the deceased's visit to het became very frequent. It was settled that they were to be married, and the de ceased purchased furniture and made other prepara tines fur the occasion at a farm which he occupied at Durby, near Southampton. At this farm he had for some years carried on business, in partnership with his brother Peter, but the latter having pur chased the farm from an uncle, who, it was expected would have left it between them, Mrs. Peter Ber nard, on hearing of the defendant's intended mar riage, declared that he should never bring his wife to the farm. This determination being persevered in by Mr. Peter Bernard and his wife, the match was deferred, and the deceased from that time entertained the greatest dislike for his brother. He frequently expressed his dissatisfaction at being unable to get any settlement of accounts with his brother, partici]. lady for money he had advanced in the farming bu siness, and constantly complained of the treatment he had met with from his brother and his wile ; de claring that his heart was almost broken, and that they would be the death of him—and he also expres sed a determination that they should never partici pate in his property. In the spring of 1807, the deceased being very unwell, went for a change of air on a visit jo his uncle, Mr. William Bernard, at Hal near South ampton; and Miss Whiting deposed, that on one • that 3nJ tLeri-fore lie thought be should make it hhtselr. Mass Whiting endeavoured to drive the subject of 4 WO from his mind, thinking it &Tressed his spirits; but he pets;s•ed, and on her vi..iting him the next day, when she was about to le ive him, he to /IC 1 sealed paper lrom his de;k and gave it to her, in forming her that it was his will, and desiring her to look it over; and see whethcr she thought it would dot She opened at soon afterwards.. and losand it tube the will in questioa, al: in the deceased's hand writ. sng. Being about to go to London, the deceased de sired her to take it with her, and ask some attorney whetter it would do ? She accordingly applied to Mr. Drew, of Bermondsey-street, v ho recommended that a regular will should be prepared by a pre:fr.- sinnal roan, but said that ,it the party should before that was done, he had no doubt but that IL., - will would stand good as tar as it went. miles Viii.r ing returned to Southamrtion in the litter part of year, and communicated to the deceased what M. Drew had informed her, at which he expressed hi. sati.factitm, and said, then he had done whit the will. Ho dcsi.cd her to keep it until his death, and thee to give it to his brother Thuatas, who would see it su;ti iled, which Ole accordingly did. Mrs. l'a Om., Miss Whiting's sistzr, deposed to onn tain conversations which site had with C.c deceased during her sister's absence in London, in the course of which be expressed an anxiety to make his will, but lamented that scald not apply to any attorney in thc town to do it for him. Mrs. Tayl_.r nffired him the use cf her drawing-room for Ow rutpose sonic one to do it for him there, 1w said he would avail himself of ; but he subsrvert:y informed her that he had made his wiil. It tarther appeared, that when the deceased made his will, ,ta property was not met.? than £S(R). hut it sobv quently increased to about slik)00. Miss Whiting had a legacy of £lOO, but she released it in order to become a witnei.s. It was contended, in opposition to the a ill. that the evidence of Sarah Whiting was imperfect in many respects ; instead of being confirmed, it was Con• tradicted in several particulars •by the evidence of Mrs. Taylor. Under these circunistancs, and as,being the evidence of a releasing witness, it was insufficient to sustain the will. JOHN NICHOLL saw no reason to discredit Miss Whiting, and not discrediting her, he was bound to pronounce for the paper as the will of the deceased. Decision accordingly, and the question having been taised by the deceased's own act, and the residue being undisposed of, the costs of all the parties were directed to be paid out of the estate. DUNKIN'S AS:.:t..NEES C. TIIGLADLE IN WRANCIC CONLIN% N V. it is an error to state that the Plaintiff; were non suited in consequence of a .lcfect in the notice ..1 trial, and may operate prejudicially agair,st Itmos, the Attorney for the Plaintiffs, in t . ..25e portant actions. The cause was lost in ctr.,:cqtience of Mr. DoikiN having omitted to hire the Ea3le notice of his other Insurances, and the par ticulars to be indorsed on the Lope acccr ding to the terms of their c3ndition's. DREADrIIL ACCIDINT.-••An inquisition was taken last night before Hum Liver, Esc:. Cannier, at the Munster, Moso.zer-r•av, Sr. George's Heisover,qe e y e , on the body 41 times Child, uged IS yeast, son " o f Mr. Child, oursetyntan and flcrisr, Wars, Chelsea, whose death was occasioned by the wheel of a cart passing over his body.—Mr. IsltrcOar t Cope land being sworn, said, that hr I.ad knowietLe ceased for many years. Oa Tuesday a!tern. , er, About Cvc e',:!ock, lie was in Xr. Child's garden;, and offered to go`with the demised with a car. (fon:: the bye road to Vauxhall road. He went sites the deceased almost as far as the back of Toihillqield;, when the deceased seated himself on the shaft sit t h e cart, which was going at a slow pace. He had oc casion to wait for .4 few minutes behind. Dui ing that time he heard a violent clap of thunder ; be looked along the road and the horse had taken (right, thrown the dfcrased from the shafts, and the wheels passed over him. He ran to him immediately and heard him exclaim, 44 Oh, Goo !" He never spoke after, but appeared to be dead the moment after i.e uttered the words. James Morgan, Steward to the Hospital of the Fit it . Guar Is, being swain, stated, that he was near the spot where the accident happen ed. Ile went for a surgeon, who came and examined the deceased. He could not bleed him, for all re spiration had ceased ; the surgeon. declared that tl:e deceased did not live aye minutes alter the whecls passed over him, the injury being ot such a shocking and fatal description. As soon as he WAS po minced lifeless, he was carried to his father's h.aise, and Lit friends had the anguish of uitncssing I.ia being brought in a corpce, with, ut baying any previous intimation of the dreadfal event laving hotel:el/ bin. Verdict—Aceidental aiath, ta .iii a &Wand of Is. Colic/mot's INQUEST. - -Yesterday an ligeest was held at the sign of the Hi I), Brunswick street, Black- • wall, on the body of Charles Guyer, a ship-carpenter, aged 33. Wm. Diekenem deposed, lie lives in Yui k street, kotherhiti/e, Surrey. Yesterday, about eleven o'clock in the I,Arnooa, the alceeas.:l and witae-a were at work togauer, in :he employ_ of Sir Rabert Wigiam and Company, building ate LAS , . Jodi/mar. The deceased was standing on :!:e gin deck beam., and whilst they were getting the beam ab. ut, the de. ceased was driving toss:Ards its posiuon with a ni sus, when he fell trove ooe deck to the other, and pitch •d mane side of his head, which cat Lim in a taribie manner. lie died in about five hours.—Verdiet— Accidental Deal h. Ex•ract of a letter firm Dublin, datedly 21 : es Tile commAlcerucut of the hay harvest has Ova employm ?tit generally throughout the ir.terier, and this yea 's crt.p of potatoes is most abundant, iii;tl is !nougat into the market at. an unusually early petio-1, and a: very reasonable prices. New potatoes seal to many places at 10d. and Is. per stun".'' I