Star. — London, England, 1817-12-05 00:00:00

I EXCEdNGE, MARX LM'E, DEC. t.. We had a pretty good supply of Wbeat fresh in n o Suffolk this morning, which did not go off so " o n Wednesday ; hut what was sold fetched 4onday's prices.—Fine Barley is 21. per grafter L ayer, and fine samples were in brisk demand at :is advance, but there is no amendment in the infe ior qualities.—Beans. Peas , and Oats fully support j o nday's prices. I n E n gland there are 186 persons to every square ;le —in Wales 80—in Scotland 56—in Ireland 122. A t Glasgow, last week, a boy was deprived of one his eyes by a carter crackiag his whip. M r . STEVENsON, Attorney at West Ferry, near ,:ainsborough, in Lincolnshire, has at this time in orchard, a fine pear-tree in full blossom. There is now in the garden of Mr. W. Seaman, Malsis Hall, near Skipton, an apple tree in full b l oom ; and in a garden of Mr. DitiValt HEAToIf, of soon, near that place, there is a pear-tree in the] tame blooming state. An Inquest was held last week in the County of Kildare, on the body of TiloN:As SPAKE, a private i n the 41st Regiment of Foot, who died on the Black Banks on the Wicklow mountains, on his return from the t,,wn of Wicklow to Leitrim barracks, %,,h the pay for the party quartered there. His death was occasioned from the severity of the weather and the want of refreshment E:DDERmiNsTen.—lt having been stated in some tf the Public Papers, that She Carpet Manufactory of 0 ; place, larlonging to HunMAN, PAltDor., and Hoo. ?lAN, had been destroyed by fire ; we have been re gabled by them to state, that it was their Spinning Work only which was burnt, and that their Carpet' Matsui:Lc:tory continues in its usual activity. Dm.—M-nday a meeting took place near the Regent's Park between S. 3--Y, Esq. and Lieutenant D—NE, the former attended by Capt. B—r, and the la:ter by Captain B—Kit. Au exchange of fire took place, and Mr..l-1 , was wounded in the thigh. The seconds interposed, and an amicable adjustment ter minated the affair. The most flattering hopes are entertained of Mr. J.'s speedy recovery. Ditulty-LANI.—The Haasird never was acted last night, and Miss BYRNies extraoroinary powers in Ida again received the meed of universal approba infs. The after-piece was the favourite Melo-drama if Ink of Mystery, which some of our Readers will collect was brought out at the late Covent-garden 'beam about fifteen years ago, when a great im ion was made on the town by the masterly per ..mee of the original Reinaleli, Mr. H. JOHNSToII. night, on its being acted for the first time alibis tre, he resumed his old favourite Character, and 'tied it with all his former success. Mr. T. P. , is Appeared as Francine, and acquitted himself a eery satisfactory manner. The other parts were Willy filled. The revival was, in short, corn y successful, and creditable in - every point of • a to the Theatre. COVENT-GARDIN.--A little Pastoral Ballet, called er Lowe, was produced lest night, and went off • considerable applause. There was nothing novel la the plot or construction of this Dance, but it altogether very pleasing, the whole of the Corps L&s exerting themselves to the utmost of their le abilities with the happiest effect. The new Inc of Had wads mad ;fives closed the entertainments the evening, and went of, if possible,' with in success. His Excellency the Ambassador from the Kum of e HennaLanus, gave an elegant enurtainnsent on rednesday, at his residence, Whitehall-place. The Ile formed a beautiful ea* d'aiL In the centre was costly plateau, oo which were eight figures, each wing a branch with three lights, and a large oat the middle, bearing eleven, with various rich or u; the whole was served up in silver gilt, and h French porcelaine. Among the numerous and inguished personages present were— '. • Esterbasy, Doke San Cares, Duke of Leeds, Coast Count Munster, Earl of Liverpool, Earl Harrovrbr, Barham, Lord Casrleroash, Load Melville, Count Pal- Coeur d'Aaile, Monsieur & Bourke, Baron Neffel, Be. Jun, the Turkish Minister, Mr. Politic, Mr. de Neuman, • Pinata, Mr. Crofer, Chevalier Ouerreire, Chevalier Cans , Colossi Rapy. Mr. Wagner, Ike. According to the Swedish Army List, there are tour Field-Marshals, one General, eight Lien at-Generals. 32 Kijor.Generals. 16 Adjutant ah, and 1972 Officers of all other ranks. Monday last the workmen commenced their • rs, at the western angle of the grounds attached Borliigton.house, Piccadilly. The grand entrance , of course, be at the south end, and extend to k-street. We are told that the architectural ar. gement, will be quite upon a asevr& plan. The 'le is a speculation quite unconnected with Lord CAVINDISR'S improvements. he work of retrenchment is the establishments of Government departments is going on, and the de, it is understood, will be reduced to the lowest *tile scale. The Ordnance department, it is said, mons the most prominent; and at the Arsenal at oolwich the work of reduction has already coas ted. It is added, that the department for bar ks for the artillery is wholly to be abolished, while business, which must now be wallies merges into general routine of the Ordnance Office.mo il- The principal, Colonel liter .s, of course iron on some allowance ; and probably Isks assistant. • the Clerks who will thus be removed, some have, is said, been employed five or six years, sad it is ted that there is a possibility of se allowance r'g granted them. Redactions at the Tower are pounded ; as likewise at the stades* woad the art, but to consist merely of inferior officers, am-- • RODIUIT WARD'S journey to Ireland wan for the 'Pose of inspecting the several depots for ordnance es in that country, where reductions to as great extent as possible w il l also be carried into elect. individuals have received notice that their au. will not be required alter the termination of the, nt year. The Ordnance department, it is stated, muter the controul of the Lords of the Ties , the same as all other offices, as was recess. ded by the Committee oo Finance in their report. tie measures of economy must of coarse ratite estimates for this ostensive dc; artniatt for tile iins year. tor ImEitisENCE. COURT OF CHANCERY, DECEMBER 4. *!BORE Ms 4011101111 TOR OF TOE setts. WHITTINOHAM AND ARUM D. WOOLIIA. The plaintiffs in this case are respectable printers and publishers, and the defendant is the proprietor of the BLACK Dwane, and a periodical work entitled the Batrisu STAGE. 'The original application was made to the LORD CHANCILLOK for an injunction to restrain the defendant from printing, publishing, or selling, or crusing to be printed, published, or sold. a certain part or parts of the work called « the Bri tish Stage," which contained extracts from the Co medy of " Who's Who, or the Double Inspostot," the copy-right of which was vested in the plaintiffs by virtue of an assignment from the Author of the Comedy. Mr. HAar, on rising, said, he was not aware that any person appeared for the defendant.— [Here Mr. WooLEn came forward, and said he appeared in his own behalf ]-Mr. HAAT then proceeded, and, after going over the facts, concluded by observing that he had not expected any defence to have been set up, and submitting that the defendant, as he hid not ap peared to have published the parts in question sub- sequent to the issuing of the injunction, might be de creed to pay the costs. Mr. Bur. Mimed, and submitted, that the pre. sent wai equally an invasion of the plaintiffs' right as that which took place with - respect to es Macklin's Plays," and which the Lord Chancellor had held to be so. The MAbTilt of the Rou.s.—Mr. Bell, does the extract begin with the first page and go regularly on? Mr. Batt.—No. your Honour. The first extract commences with pages 12, IS, and 14, and the other with pages 22, 23, 24, and 25. It could not be said that they were taken for the purpose of fair criti cism, as out of forty pages there were seven of the extract ; it was therelore clear that the present was an invasion, and an account ought to be ordered. Mr. Woo Lea said the present was one of those lid gions causes that never should he countenanced or introduced into a Court of Equity. The circum stances occurred two years ago, and at the time be was publishing, in fact within one hour after it had been before the public, a person called on him, and said that he most not publish the work, or, it he did, they should seek their remedy against him. The answer he gave was, that it would be of no conse quence to him, for the number of the work was so small, that it would not be worth his while contest- ing about it, and he accordingly immediately stopped the publication. The assertion that the parts, Nos. 13 and l 4 did not contain any criticism on the ex tracts taken from the Comedy, he did not deny ; but the reason was, die work was made up of miscella neous matter, and there was not room for it; and therefore the criticism had appeared in No. 10. He denied having had any intention to offend; nor had had, when publishing the first extract, announced any intention to continue them. The publishing ex tracts from works was a course constantly pursued by the Edinburgh and other Reviewers, as well as by the hlagarines and Newspapers; and so far from being thought injurious to the authors, it was consi dered to be of benefit to them and the public at large, as it had the effect of pointing oat these works wor thy of perusal. Had the work in question been of value to him, he certainly should have contended for the right ; but, as it was, be did not think it worth contesting tor. He, in conclusion, quoted the case Dothley v. the Proprietor of R4s,elas." where, the publishing the whole of the work without the re-' marks had been held not to call for the interteience of the Court. Mr. HART, in reply, said the question was, not as 118 the, mount of the loss for which redemption was =lit, but whether or not the defendant had in the right of the plait:tuff t Authors would tie liable to a great decrease in the value of their works, ..were the Court to suffer persons to extract and pub lish the best parts of them. the observation of Mr. 'Wooler, that he had, immediately on being applied - to o stopped the publication. would nave been of great importance. but on looking to his answer , he found l it to be quite the contrary, for there he asserted that he bad only copied disjointed extracts, which he was entitled to do, while, in foci, he had copied one of the most important scenes in the comedy, and again pursuedthe curate in 'subsequent number of his Vi..rk. In answer to the observation that the publishing ex tracts of works was of benefit to the authors, he said, though it might be justice on the behalf of the pub tic, it certainly wai not on that of the author to po nt out what work was or was nut worthy to be read.— The public ought to be left to their'opinion in that respect. The present was certainly an invasion, and, therefore, Mr. Wooler ought to pay the costs, and give an account of the profits. The MASTSA of the R01.u.-1 shall look at the two publications,. and probably be able to ;dee judg ment without referring the case to the Master. I shall want a copy of the work to enable me to do so. Mr. Wooler, in consequence, handed up six nuns. ben of the work.—Judgment postponed. COURT OF KINGS BENCH, DECEMBER 4. ATTEMPT TO COMMIT A RAPE. ens SISIO 11. JANIS CLAIMS._ This was an indictment instituted by a person named Webb, for an assault with intent to comma a !aye. M. &ARUM' told the Jury that this was a most aggravated ease. The prosecutris was the wife of a I gold chaser, and the defendant was a hair-dresser, and also a tobacconist, and was shoat 60 years ca age. It happened that she had sent hist a lock of her hair, in order to have it dressed, and that when she called foe it afterwards, he asked bee to walk into a back parlour, and there committed the acme; ibe had been at that time pregnant, and a miscarriage was the consequence of the eutrage. The young woman informed her husbatid of what happened im mediately alter it took place l and when the defen ds= was called to account for his conduct, he partly acknowledged what he had done, apd begged Mc Vilebb's pardon. Mr. Scaatm midtke landessulod as attempt would be made to prove the woman a bad, meter ; but that would be completely repelled-. William Dawes said, he saw Mrs. Webb, the pro se4utris, on the Slat of January last, iq the essiipaAt . i of the day, and saw her aliens/aids m the evening ;., In the morning she was in goo. health, and is. the evening she was in strop g by - sires rptis *her htisbanal, and the apprentiee) sad &sal*, with . Clarke, the defendani, was alto there. While witness WAS there the Doctor arrived. When Cl a rke was accused by Mr. Webb of the gross treatment his wile received frum his, be excused himself by saying he did not; and aftekwaids he declared he had only taken Mrs. Webb round the waist; and at the same time put his arms round the waist of a young woman named Mary Smith, whe was present, in order to sliew the manner in which he had put his hands on Mrs. Webb; but the defendant put his hands so in decently, that witness told him he would have knock ed him down had he served a' sister of his in that way. Clarke twice expressed himself sorry. Mary Anne Webb, the wife of Joseph Webb, said bee husband lived at No. 19, St. James's-walk, Cletkenwell ;he was a gold and silver chaser. Stte was married fourteen months. She knew nothing at Clarke, except having gone two or three times into his shop tq have her hair dressed. On the 21st of January shk took a front of hair to his shop to have ii curled. In the afternoon, about five o'clock, she went for some butter, and in returning she called for the hair. There WAS nobody in the shop but Clarke; she told bins what she came for, and be said - " Ma'am, your own hair will look beat oorled."— Witness said 'it would take a long while maim,. He replied—" Oh no, Ma'am, it won't take lon a ;, let tne curl it." He then asked witness to walk int. , the parlour, and that be would do it as quick as he could. She walked into the parlour, and instead of reaching her a chair, he caught her round the waist and kissed her ; it was a back parlour behind the shop, he had shut both the doors before this. He then threw her on the ground ;. sate had on a brown pelisse, which was buttoned all the way down to the bottom. Witness told him he ought to be ashamed Of himself, when he caight her round the waist.— When be threw her on the ground, he got over her and she could not breathe. He then tried to put his hand into her bosom, and to lift tip some of her up per garments. She struggled and resisted him; she struggled very hard with him. The witness here de scribed further outran : es, which it would not be fit to mention, and in consequence thereof she fainted away. iWitiiess had been married then about three months, and was six weeks gone with child ; the did not re collect what he did afterwards, until she found her self sitting in a chair, and the defendant was then sprinkling her with water on her face. She bey,geo eel. hard to depart ; he opened the dour aid said she might go. She went home directly ; her hus band was at home; and she immediately told him how ill she had been used; she was very ill, and had hardly strength to stand on h r legs. Her husband went out along welt Mr. Price, with whom they lodg ed, and ate fainted away while they were absent. She was in strong convulsions for three hoots. Ab •ut two days atter itie miscarried. She has been very ill ever since, and the least thing makes her start and jump. She had been at Clarke's shop twice before; the young man dressed her once. Cross examined by Mr. Gtutetv.-e-She said she had used no indecent expression at the time of her -going into the shop. Being asked it s!ie had ever been iii the House of Correction : she said, when she w between 13 and 14 years of age, she had been iii service, and site took half a crown's worth of half pence, for which bet master and father thoughtlpro per to send her to the Refuge for the Destitute, and she was sept a few d ys alter to the House of Cor rection ; she never had been there on any other occa- Si 01) that she knew of. Were you not sent to the House of Correction, on a charge of stealing money from Mr. Studding I—l believe I recollect it now. When you said you did not recollect having been 'sent to the House of Correction, did you not know you spoke falsely did recollect it, but was ashamed to mention it before this large audience. On re-examination by Mr. SCARLETTI she said she had been two years in the Refuge for the Destitute; that she received instruction there, and afterwards went into service. When young women go out from there, the Institution gives a box of clothes and a guinea to those who behave well. She gut her boa of clothes and a guinea, and was in service in two or, three different places until she was married. . Joseph Hoskins, alto was Governor of the female part of the Refuge tor the Destitute, said this young woman had been sent there on the 12th of J inury. 1814, and was discharged on the 29th of December, 1815. The. kaiaks receive r.ligioua and moral in struction twice a day ; they are also instructed in .eading and writing. On this witness being asked it ,any reward had been given to the prosecutrix? Mr. Cviu.av objecteo to bringing any witness to the young woman's character where no witness was called to impeach her character. The Junta held, that as it was attempted to attack the witneas's.credibility,. by answers extracted from herself, evidence as to a reform in her character was admissible. Mr. Hoskins was again examined : he said rewards were given according to behaviour; when this young woman went away, she bad the tun reward for her good conduct, and when she quitted in Dicember, 1815, a place was provided for her by j i be Institu tion; it was usual also to give them a reward On their marriage. Joseph Webb, the husband of the prosecutrix, said be was at home on the evening of the 21st of Janu ary ; she went out at a quarter before five, and m ewed about three quarters of as hour after ; she was Wm much affected, and fell into his arms in a faint ing manner, and media complaint.. against James Coke; she was uhable to stand, and was seated In chair; the nature of bee complaint was, that of Clarke behaving indecently to her; he immediately pent to Clarke's house, ilhd took Mr. Price with him; about ten minutes after be returned . Clarke followed him ; witness accused him with attempting the virtue of his wife.; he at first dented it, and frequently attet said he was very sorry for what he had done. Here the witness stated the same facts as those given in evidence by Dewei. AU this time his wife was in strong hysterics, and he sent for a medical man. To a question from Mr. GURNEY, witness answer ed, that be never said he would sweat Clarke's poe ket ; his wife was before the Grand Jury in May last, be wirer italic say application to Clarke for money, be did not wow his asoney, bus made offers to him .to settle the-business- The very day alter the outrage be put the butineas into the hands -sit his Attorney, With whom it rested ever Mr. George Shipman, a surgeon, said he was sent fox on the evening of the 21st of January, to attend Mt*Welsh_s. he Found her in CoisiulaionTh 1 he AIM+ , ed her repeatedly after; she was pregnant and this: carried ; she might have been Eve or six Weeks goal the agitation the was then in., was sufficient in calm a miscarriage. Witness attended Mrs. Wbbil keirekal times since, and she was in a weak state of health. Mr. Gooier addressed the Jury on the part of the defendant. He said, the whole charge depended oh the evidence of one return: it was a charge that could b.- easily made. and not easily tepelled ; there: fore Juries ought to be remarkably cautious and tigi. lent in all prosecutions of this kind, because any matt WAS liable to such an accusation. This prosecution was alone supported by a woman, who hied be charged with theft, and who, :o save het finiti Hit gallows, was sent to the Refuge for the liestittite.'•ta. 1 Here Mr. Gurney produced a pl a n of the deteridaht i e shop and parlour, which was on Clerketteoll Green; and to exposed, that any person passing along 'iodid see or hear when Was going forward. The deteettant admitted his pti.ting his hand round her waist ; ant( if the .buy thought he did no more, he most be ac quitted, because the charge was not for i sigh* assault, but for an assaillt with intent to commit u rape. He should, however, pewit., in addation to what fell Iron herself, that her character and conduct bad been so bad as to render her wholly unworthy of credit. Besides, in her cross-examinant.,, she denied a fact which sh. remembered very wed, and in doing so, committed perjury. He should prove, that her manners were those of a prostitute, going ft) fairs: and :topping out in fields all night ; and obtruding herself in a disgusting manner upon i.e. notice of men. Tae motive of this prosecution was Money, as he should prove. Another circumstance untavuure able to this prosecution was the lengto or time that passed before the charge was preferred. Tney did not come before a Grand Jury until May, when it' was ascertained that no money WAS to be obtained...a , Mr. Gurney then called his witnesses. Mary Scutt knew Mrs. Webb troth a child. Oa being Hard what was her charaiter fro :i the A ge of 13 1 Mr. SCARLETT objected to any questions being put to general character. • The Alms held, that no detail could be gorse into as to particular lacts; but to general character might; Mr. SCAULSTT said, tie only question was, whether the woman was to be believed on her oath ? and that was the only sort of evidence he could go into ; for the woman was not asked any thing as to her general character for chastity. The JUDGE said, that general character Might be given in evidence against a prosecutrix in the case of a rape, and he thougla it should be given in the case of a prosecution for an attempt to commit a rape. . Maly Scott, being then asked by Mr. Gunwar what had been the character of the young womati. said, she was a very loose character; she %mild nut believe her upon her oath ; witness did not think she knew the nature of an oath. She was always a no torious liar. She acknnwledged, however, that she knew nothing of Mts.Webb since she lett the Refuge. John Hubbard, a butcher in Clerkeuwell Green, lived , ithin a ttone's throw of Mrs. Webb, k , ew her a few weekr after the was married ; and having :ea °ppm tunit y of seeing her and her meows frequently; tie cowidered her to be an immodest wonta,.. Mr. Webb told witness that he would sweat the pocket of Mr. Clarke. Hr first knew Webb about a year ay. he had known her first as she came to his shop before she was married. Mr. Ecettaerr put several questions to the witness. who was inconsistent in his statement as to dates.— He said the night of the trans iction Webb called on him about five or six in the evening, and it was then he said lie would sweat Clarke's pocket. Some time 1 A ter the transaction Webb left off dealing with him for meat. Clarke used to have a great many female customers. *John Gillard, a journeyman shoemaker. knew Mtn Webb at the time of the Tothill Fields fair, the Slimmer before last ; he had kept her company, and totted her to be a young woman of very bad eine , laver ; on finding that, he left off keeping her come pany. this witness, in answer to questions put by Mr. SCAOLETT, said he did not know his age, because he had no father or mather. SVitness now kapt a stal. J fiery Stokes, a butcher, said he lived at No. 316 Aylesbui y-street ; knew Mrs. Webb by sight about the time of her marriage; she frequently passed ali.ng 1 the street, almost every evening; and from what he saw, and from her behaviour to himself, he judged her to be an immodest woman. Witness said be heard of the snare Mr. Clarke fell into, and having met his apprentice, he told him he could serve Mr. Clarke if the business came to a trial.. Several respectable persons gave the defendant -a good character. He is a married man, and has eleven children. Mr. ScARLPTT, in his reply, dwelt particularly on the circumstance of Mr. Gurney not having asked the young woman respecting any tat that part of her bad character which be afterwards called witnesses to prove ; and by that means he deprived her of the opportunity of vindicating her character on her re , examination, and deprived him (Mr. Scarlett) of the means of supporting her character by other witnesses. He also noticed the great violence offered to the young woman, her severe illness, her miscarriage, and the acknowledgment of the defendant himself, . that he had taken some liberties with the young wo man. If, in consequence Ida bad education, that poor woman had, when a child, committed some faults, it was proved she was afterwards reclaimed from het bad habits, and she was rewarded by the Institution, in which she lived two years, for her good conduct. If her conduct was afteiwards bad, why were not tEe parties with whom she lived as servant, called to • prove that; Ile admitted that this woman did pi!. ter when very young, but there were instances a • many persons who, when very young, were addicted to such habits, having afterwards become most COT- • rect and exemplary characters. Such was the case with one of the mosteminent writers of the present day. Mr. Justice HOLROYD summed up the evidence to the Jury, and commented on it in a very impartial manner. The expression used byWebb, that he would sweat the defendant's pocket, did nut imply that he , wanted to get money from him, but that he woul d" put him to great expense . and is to the prosecution' being delayed, Webb swore he had, trnmediatili ' after the transaction, put the business into the *de' . . t • of his attorney. The Jury, without retiring, found the defemlahs Guilty of the charge laid in the indictshent.—This trial lasted from one o'clock till six in the meats. ~'~ 1