Star. — London, England, 1822-12-24 00:00:00

r' ! ./etvcs, -sl:r7 v.r.vr . r•r , TrX•l4 LAW INTELLIGENCE. ORONO/MO VICICATAICCRLLOYCS COURT; DECRIIBIII u. WPARTE SHAW, IN THE MATTER OE HOWARD AND GIBBS. Mr. Hoax e, for the Assignees, said, he was now ready to pay the money into Court in' pursuance to the order, relative to the messenger Bowen. The VICE-CHANCELLOR asked if some deductions were not claimed from the gross amount? Mr. HORNE replied in the affirmative. . . Mr. MONTAGUE expressed his desire to settle the matter by a legal proceeding. He had no objection that the money should be paid into Court, subject to deductions under the present Commission. The VICE-CMANCELLOR directed that the money should be paid into Court. There would be no ob jection to an amount being taken as to the second Commission. Mr: Nonni; was desirous of referring the whole matter to Mr. Cooke, to save legal expenses. Mr. MoNmoon would not consent. He had many reasons against it. PRACTICE OP THE COURT. The first of the bankrupt petitions having been called on, " Ex parte Bird in the matter of Stanton," Mr. HORNE, the leading Counsel in the case, was nov i in Court. On a former day an app lication had been] Wade to the Court to allow this petition to Stand, first on the list. The Solicitor, on whose behalf the application was made, was now called upon for his affidavit, to shew that previous notice had been given to the other side. It appeared, however, that no such notice was given, until subsequent to the mo tion being made. The VICE-CHANCELLOR wished every Solicitor to understand, that he would entertain no motion to advance any petition or cause, unless previous notice of the intention to make that application were given to the other side. If such notice were not served, the application would be ex-parte, and directly con trary to the practice of the Court. In future he should listen to no application to advance a. cause, unless an affidavit were produced, shewing that such previous notice had'been given. COURT OF KINIYA BENCH, DECEMBER 23. TUE RING.V. BAKER. This was an indictment on the prosecution of Mr. Alexander, a Gentleman of the Jewish persuasion, well known as a frequent suitor in. Courts cif Justice, for a nuisance. The ground of complaint was, that. Mr. Baker had dug holes in a road called, or in tended to be called, Union-street, and adjoining to a garden and premises of Mr. Alexander, at. Mile-End. It appeared that the road in question was marked out for a street, but not yet paved, nor were more than two or three houses erected at its sides. A deed was produced, be which the owner of the soil dedi cated the toad to the Public as a common highway, and proof was given that there was an inception of the exercise of the right hy the passage of carts and of hearses to the burying-ground of the Jews. Mr. CO.NIION SERJEANT submitted• that, on this evidence, there was no 'ground for considering the way as a public , road. The owner cif the. land had declared an intention to dedicate it to the Public as a street, hut until it became a street, and .was 2C.t cepted by the Public, the dedication was conditional, not absolute; but • The LORD CHIEF JUSTICE said, that he must hold this way to be dedicated to the Public, who had al-. ready begun to use it. If in the interval between the declared intention to dedicate and its completion; any one migl•t dig tip the soil, thea the road could .never. become ht for the purposes for which it was intended: The cause must therefore proceed. The witnesses for the proseCutien represented the defendant as having dug large boles, and greatly .de tertorated the road; but the sons and labourers of the defendant, .and one of the neighbours, described the operations is consistinenaerely.in 'taking away wet earth, and placing dry rubbish. in its r00m... On this evidence, the case .simesoWt to the Jury, who immediittely found the defienelont—Not ruNwicu V. MONlTaille; . ' ' • The plaintiff sought by this action .to recover of Mr. Mortrarn, who was employed by Sir• William Congreve to conduct the fire-worksin Hyde?ark, on the evening of the Coronation, the sum of •4'.50, • for the assistance which he rendered_ to him ott that oc casion... • The defendant paid .1.31. 10s. into. Court.• It appeared that Mr. Fenwick was at work on the spot from Monday morning till'Thursday, at an early hour in the morning till late periods in the evening. The materials for the fireworks were supplied .from the Ordnance, and Mr. Mortram received.i.:6so-from Government for arranging thetn. A witness named John Cousins, who had formerly worked with the defendant, was called to prose a• specific agreement that the plaintiff should have £5O for. his labour. Ile swore that Mr. Mortram, jun. entreated Mr. Fenwick to assist, as " It was a good job, as all. Governmen t. jobs were," and finally consented to give 4:50 fir. his services. Other witnessei described the plaintiff as " an artist in fireworks," and gave their opinion that, as he had to quit his business, £5O was a moderate recompense. One of his witnesses, however, thought two guineas a day would be an ample reward. For the defendant, Mr. Mortram., jun. was called, Who positively denied that there was the least four.! dation for the contract alleged; and swore • that he employed the plaintiff as a. common labourer. Mr. Southby, the director of the fireworks at Vauxhall, and Mr. Winterborn, swore that two guineas a day was pay which they themselves would have been happy to teceive. The LORD CHIEF JUSTICE left the Jury to decide, first, whether a contract was made for the payment of 4:50 ? and if they disbelieved this, then whether the sum paid into Court was not a sufficient compen sation for the plaintiff's exertions ?—TheJury im mediately found a verdict for the defendant. FROLICH V. CRAWFORD. This action was brought by a tailor, carrying on business at ;sic). 50, Leicester-square, against Mr. Wi lliam Anderson Crawford, now a Lieutenant in India, to recover a bill of £.38.105.6d. for clothes furnished .to his order. The defendant pleaded a general issue, and also that he was an infant at the time when the debt was contracted. To this last the plaintiff re plied, that the goods were necessaries suited to the defendant's estate, condition, and degree. It appeared that the defendant, at the time when he began to deal with the plaintiff, was a student at Haileybury College, preparattgy 1,0 his removal to , India, under the patroneeef the Company. He was introduced by another @Makin. at the erlealPiEll, and ordered goods which .weesesenwtAhiM in packages at different periods . He after went into Devon shire, . where he pursued his-studies under the direc tion of a private tutor, arid had subsequently sailed for India. In the interval between May and Sep tember. 1820, he was supplied with the articles which formed the subject of the present claim, among which were font coats, white breeches for hunting, and two cloaks, one of which was directed to be sent to" Miss Crawford, No . . Y, London-street," which is not the residence of his father. He explained that this cloak was for his sister, and that the place to which it was sent was the house-of her nurse ; but it was.admitted that, even if credit were given. to this statement, the 'item could not be recovered . of the brother. Mr. ADAM; for. the defendant, commented on the improprietg of suffering the plaintiff to run up a bill of this kind, without making any inquiry into his means, or into the manner in which he was supplied with neces‘aries by his friends. He called Mr. Craw ford, the father, who stated that his son was only of the age of sixteen years and a half, when he began to contract this debt ; that before he went to Hert ford, he was supplied with clothes to the value of £26 18s. 6d. while there, a. tailor's bill,. certified by the tutor,. of £lB ss. 10d. was paid ; a further bill of £l5 18s. M. s was paid to a tailor in London, and ss. during the , residence of the young ; man in De vonshire. Mr. Crawford - had no saspicion.that hia son was incurring this debt, for which there was not the slightest occa'sion. The COMMOW SERJEANT, in reply, ttrged that a defence of . this nature was not very generous, when the defeadanthad received the benefit-of the articles, and had taken them with him to a lucrative situation .n. the East : and that it would be very hard on tradesmen,..who had no means of ascertaining that suitable neceasaries were provided for customer, apparently or the.sise of.manhood, if facts of which they were entireit ignorant could be admitted to de feat their claims. The LORD CHIEF JUSTICE reminded the Jury, that the affirmative of the issue, that these goods were ne cessaries suitable to the estate, condition,- and degree. of the defendant, lay on the plaintiff, to whose de. mand infancy was a prima facie answer. It was • of the highest importance that the protections with which the law surrounded - minors against themselves should'be pre s erved inviolate ; numerous and lament able were the instances in all ranks, except perhaps the very highest and the very lowest, where the fatal facility of credit tempted youth into extravagancies, and engendered habits which caused their utter ruin. The father, and the father only, was the fit judge of Iwhat were necessaries for his son ; if the Jury, ad verting to the- supply aff,rrded. by Mi'. Crawford, could say that any of these goods were necessary, they would find for the plaintiff to the extent of their value; if, as conscientious men, they were convinced that ' all of them were superfluous, they would then find for the defendant.. The. Jury almost immediately found a verdict for the defendant. The LORD Cuter JIATICE said the verdict did. them great credit, especially as some of them. Were; no doubt in trade ; and he was glad that, notwith-r standing that cil curnstapce, they. felt with him than such a demand ought not to be supported. CLA RIDGE i 4 CRAWFORD. This was au actiow by a bootmaker in Bond -street; against the same defendant. The CommoN -Stet- 1 ,LEANT Withdrew the !record. - Here the Middlesex Sittings ended, the Court haire ing : disposed of all the common and .Special . Jurj causes in the paper. The.Loap ; cm*" JtrayscicoinJ, pint - tented the 4,ux.y, in high terstir.i• on therrittud ality ei , their attendance, ,aaci.anitithe ittftition ;end intelligence they had ihewn - in•dare-diScharge oftheir important duties. . . . COURT OF COMMON PLEAS, DECEYIBP.R 21: WILSON AND OTHERS V; FORBES. _ _ _ This was an action to recover compensation in da mages-fur an injury done to the plaintiff's brig the Fame, by the defendant's smack the Superior, in having ran foul of her while lying off the Nore, in November, 1821. Mr. Serjeant LENS stated the ease to the Jury. It would appear, he observed, that the Tame,, a brig of about 280 tons burden, on her way from.Shieldi with a cargo of coals, came to anchor off the Nore„ in a part called the Swim. She was in about ten fathoms water. At nine o'clock the Captain saw the Supe, for (which- was a vessel much smaller than- the Fame) pass him to' windward. He took no farther -notice at that Lime.. In the course of the night he was called on deck,• and_then saw the Superior drift- . ing towards him with wind and tide, and without the appearance of having any person on board.- This was about one o'clock in the morning. The weather ' was clear at the time. When he first saw the smack I she was about a mile distant. As she neared him, he and his crew repeatedly called out to her to " look out," but they received no answer. There was no person on deck during the. time. The • Superior at length-struck the Fitme i by which the latter sustained considerable injury: For that injury the present actiox was. brought.- If,. as he was instructed, it shnuld be proved that -the accident • was owing to the negli gence of those onboard the smack, then undoubtedly her owners were liable for the amount of the da mage done. Captain Stratford, the -master of the Fame, was called and proved- these • facts. He had no doubt that the accident might have been avoided, had the crew of the smack attended to their duty as thiy. ought. On his cross-examination he said, a ship, might drift at sea, but it could not without the fact being noticed by a careful witch. The weather was -rather darkish, but not: cloudy. It did not blow strong, though it was a little fresh. The Superior hoisted her foresail, but not until'she was close on board the Fame. The evidence of the Captain was thus far corn?• borated by that of some of his sailors. One of tkfm added, that whertthe Superior struck,• one or two of her crew ran up from the fore-hatchway, and cried out " For GOD'S sake cut Tour cable." At the seine moment some one cried out " Oh, what rascal thisi the watch ?"—This was the plaintiff's caini • • For the defendant, Mr. Serjeant Put, said be firits. instructed to state that the real facts of the catehom a very different -completion fret that ariieh ad becu given to it by the witnesses for the plaintiff. fin • . e. e •.', shoal tie able it; stew . igai the inSAct every exertion to .avoitl bitiy, 4 ,24=e i acci• dent eirentually wai . Whit _tti men offer which her crew had * frcittl , --natiday, that the tide had set strongly► in in that direction, that i it Vas blowing hard, and that the night was so dark, that it was impossible to see any - object' a mile, or even a quarter of a mile a-head. If he should prove these facts, he was satisfied that his client Would be eati• tied to the verdict of the Jury.• - Mr. Duncan, the miter of the Superior, said that on the night in qw.stion, he was called up by the watch on deck. When he came on deck, .the smack was just on board the brig. He saw the foresail' partly hoisted. - He would not have hOisted it had he been on deck, as it would only increase the force of the shock. lie asked What stupid rascal has done this?" He was .ans;vered, that it was done- at the desire of the persons in the brig. The accident could not have been avoided ,by any exertion on the part of the smack's crew. The night was dark, and it was blowing very fresh. If the Fame had cut or slacked her cable, the smack would have clearedher without injury, Several of Captain Duncan's crew were called, who corroborated the main facts of his testimony. They were all positive as to the watch being on the deck of the smack, of the darkness of the night, and of blowing fresh. In answer to a question from n Juror, one of the witnesses said that if the brig . had sheered her helm as she ought to have done as the smack was drifting ton-ards her, the shock might have been avoided. She did not sheer her helm. This was *the defenda'nt's cam. Mr. Serjeant' ens, fot theplaintiff, now propbsed calling another witness, to contradict the fact sworn to, respecting the sheering of the helm. Mr. Serjeant Pect. objected. The plaintiff had' closed his case, and he submitted that the plan pro posed would besopening a new one. Mr. Serjeant Less contended, that he had a clear right to call a witness, to explain' what had been given under circumstances where, properly, go cross examination could be urged (examination by a Juror). Lord Chief Justice DALLAS field s that the witness might be called, and the'question put. r. Serjeant VatlettAN said, perhaps it would be as well to have the witness recalled, and 'the Jury allowed to gain explanation by an examination of their own. • Serjeant Pem., with some warmth, objected to this mode of proceeding ; to which, in an emphatic manner, he applied the word " insidious." Mr. Serjeant VAUGHAN (with warmth).—" I deny that my conduct is insidious, and I will hot allow any man here or elsewhere to tell me so." Mr. Seijeant PELL seethed about to reply to this, When— Lord Chief Justice DALLAS interposed. " I lament (observed his Lordship), I grievously lament those interruptions to the business of the Court by ebulli tions of temper, which to me are extremely painful, because they are little calculated to rake the charac ter of the profession in the eyes of the Public. Speak ing for myself personally, I must deplore the occur: rence of such scenes, because my long acquaintance and connexion with the Bar, and the necessary esteem, and I may say affection, which I bear towards 'my brethren in the profession, have always restrained me from interposing the authority of the Court. It has indeed been said to me on some occasions,' Why not interpose that authority ?' My answer is, that it is not in my nature to do so. I am restrained by those feelings to which I have just alluded. My anxious and earnest desire is uniformly rather to still those angry waves, than to oppose myself to their force.— My great wish is at all times to secure hatniony be tween the members of the profession, and to promote it by every means in my power." The witness was now recalled, and was examined as to the sheering of the brig's helm, when the smack was coming down on her, but -nothing of any import • anee was elicited from him. Serjeant PELL now asserted his right to reply to this new evidence, which he said he had availed himself of with the greater pleasure, as it afforded him an opportunity of saying a few words upon a matter personal to himself. He would challenge any man to assert whether a case could have been con ducted with better temper than he had conducted this case, until an Attempt was made to take what he considered to bean unfair advantage of his client? To the decision of the Court, in allowing the ques tion to be put, he had bowed, as lie always should, with great deference; but he did expect that when the question was put, it would have been fairly, and in the usual way; instead of which, it was suggested. that the examination should come from . the Jury.— .He felt such a proposition to,be, insidious, and had so termed it, because it went to place him, 'in any cross eramination of that evidence, upon uneven terms with the Jury ; that object being denied, he felt bound, as a Gentleman, to alter his first impression, which he. now candidly did. He hoped it was not his practice to conduct his case with any warmth un becoming the zeal which an advocate naturally had for the interest of his client. The Learned Serjcant then contended, that the, new evidence, if, such it could be called, let in by the re-eiaminatitm, did not in the slightest degree diminish the defenclant'S right to a verdict. Mr. Serjeant Leas replied to the whole case. In reference to what had just occurred, he would say no more (riot being personally concerned) than to ex press his deep regret at the occurrence of any matter whicb called for personal explanation. The Lon; ChtISS JUSTICE summed up, and left it . to the Jury to weigh the merits .of the very conflict , ing evidence which they had heard on both sides. With respect to what had fallen from him a few minutes before, on the subject of the introduction of personal feelings into a cause, he should sincerely regret if any one word whiCh en escaped him, was calculated to wound, however slightly, the feelhigs of. any gentleman at the bar. 412 e were conscious of having used any such words, he would frankly, and without hesitation, avow, it. It might happen ,to a Counsel at the bar, to err, and knowingly con tinue in that error, from an adherence to the false notions of the world which might be supposed to' ~warrant his not making a full, and imniecliate expla nation. With I Judge, .boweyer. the case was very :.diiferents situated as be wets, .nothing ought to pea sant him from giritsg Fullest explanation when that waS.Salled • epcson Of his *mats. Having skid this, be w id that hi did.iiefeet, hianetr algoirspdtte otipleranythhorehich be had before said, further than to remark, that his oh%er. nations werrnot meant to apply to one gentleman at the bar more then another. Thd Jury retired, and after an absence from Court - df neaily an hour, returneJ with a, verdict for the defehdant. Saturday After:km an Inquisiiion was held at the General Penitentiaty, Millbank, on the bodrof Mary Btenton, a convict confined there: she was received Orr the 20th May, 1821 • she was then stated to be 24 years of age; and in g ood health: Mr. John Pratt, Surgeon to the establishment, deposed; that the de ceased *As removed, in consequence of her being unwell, to the Infirmary, on the Eth instant ; she then complained of pain and spasms in her stomach,: for which he administered medicine. Friday morning' she expired. Verdict—Died by the viiitation of Gr 4. Yesterday an Inquest was held at St. Thomas's, Hospital, •on the body of T. Ca'tnons, a porter, whc, on Saturday night, while carrying a'chest of orange , ; of 3 cwt. into a"cellar, on Fish-street-hill, fell, wilen his head came with great violence on the edge of a stair, and his burden fell on his stomach. He was carried on a shutter to the Hospital, where he diel Verdict—Ai:ride/dal Death. Stint!ly evening, when the undertaker was making preparations for the funeral of an Irishman, in Carter street, Tooley-street, the fiboring gave way, and the corpse, together with an immense number of people who were assembled as usual on such occasions, were tumbled, heels over head into the cellar. Providen tially, however, a few broken heads and scatitied shins were the IVOrst result. AIARRIED. . Friday, at Annan, Mr. John Wright, of the 3d Drzs-en Guards, to Miss Comerford, of Carlisle. I)ec. 12, William Thomas, son of the Rev. 11. Fllenkiec , p, of Fulmer, Busks, to Clara .June, daughter of John Wu,.... cock, Esq. of Fern A .res. Dee. 17, at Adamson, Ayrshire, George James Camph_ll, Esq. of 'freesbank, to Miss Elizabeth 31‘Kerrell Reid, lough. ter of Colonel Reid, late of the East India Company's service. A few days since, at Sutton-in.Ashfield, neat Ed. ward Shaw, to Elizabeth Smith. 'l'he bridegrociu, with live children, had been a widower ten wet ks, and the brig, with eight children, a widow twelve weeks ! DIED. Dec. 12, at Edinburgh, Mrs. L. F. Kennedy, relict of tl:r late Lieut.-Colonel Kennedy, of the 19th Dragoons. Friday, John Ord, Esq. of Hatton-garden, a Director of is British Copper Company, and of the East London Works Company. Thursday, at Tunbridge Wells, Mrs. Fearon, wife of Rev. Dr. Fearon, of Oare, Hastings. Nov. 2, at sea, on the homeward voyage from New Orl•^an; to London, George Michel, youngest bon of Mr. Gei)rga 31i chel, of Dumbartcn. Friday, at Ranelagh House, General Richard Rich Wilfuld, Colonel of the 7th Dragoon Guards. Lately, aged 17, Mary, eldest. daughter of the Rev. J. fib herd, Rector of Sutton Mandeville. . _ Monday se'nnight, at Bath, aged 80, Anne Henrietta Pen ruddocke, widow of C. Penruddocke, I:sq. of Compton-Chan:- berlaine, late M.P. for Wilts. Thursday, at the Deaf and Dumb A:iyium, Klint-tapd, S.:- phis, daughter of Mr. John Bridger, Towl-S.rjeaut•of Chi chester, aged 12 years. April IS, at Chincurah, in Bengal, Capt. John Gordon, 2it4 Regimen: Bengal Native Infantry, and only son of George Gordon, Esq. Inspector of Taxes, Edinburgh. June 1 , at Penang, aged 24, Mrs. Ince, wife of the Rev. John Ince, Missionary of - the above_station. Wednesday, at Haslar . Hospital, Mr. Ila Men, surgeon, R.N. aged 52 years. Dec. 16, at Dumfries, Mr. NVni. Ilaig, teacher of EngHA in the Academy; an excellent grammarian, and a very worthy individual. _ _ _ Friday, at Gatcombe, the youngest son of the Rev. Dr. Worsley. Dec. 15, at Burnfoot, parish of Stapleton, in Cumberlard, Mr. Geo. Forster, at the great age of 103. Ile retained his mental faculties to the last, and was so little failed in bodily powers as to assist in getting in the late harvest. Above 80 yea:, age he was a grocer and spirit-dealer in Bewca,tle ; and on that account was called the Old Merchant till his death. He was what is termed ".a seven months child," having been born two months before his time ; and though addicted to the use of ar dent spirits, he never experienced sickness in his lite. He died in easy circumstances, and was always considered an honest and hohottrable man. NEWGATE saw LEA DENIIALL MARK ETS, Dee. 23. (By the Carcase.) Beef 25.0:1 to 3s 4J Veal .........2s 4J to 4s Si Itiatton.. 2s Od to 2s ad I Pork 2s Od to 3s 4d PRICE 0 F 110 PS. NSW ZAGS. NM rocx ITS. Kent Sussex 2l* Os to 21 8. Sussex 2l 4s to 31 Os Essex Foreign ... 01 Os to 01 Os Farnham 6l Os to 81 Os PRICES or HAY Aso STRAW YESTERDAY. ST. JAUSS ' S. WIIITSCHAPEL. Hay 51 Os Od to 41 Os Od Hay... 31 6s to 41 Os Od Straw 1110 s Od to 21 34 6d Straw 11 lOs to 11 18s ud Clover 31 es Od to 41 4s 4d Clover 31 8s to 41 Os Od PRICE or TALLOW, SOAP, &e. per 112/b. Town Tallow 43s Od Ditto rough Yellow Russia ... ..... 49s 6d Yellow Soap White ditto Soap ditto Melting Stuff... ..... PRICE OF CANDLES--Front Tallow Chandlers' Hall. Candles, per duz. 93 Od—.Moulds, Ins 6d; Gd. per dozen allowed for ready money. COAL MARKET, DEC. 23. Adair's 414.—Burdon 42s 3d-1I aton 43s 6d—Holywdl 43s—Pelaw Main 428—Killing worth 44s 31—Taufield 31.,t 4114—Wa11sensi Bewicke 454 9d—Wallsend Riddell 455—W..!:,. end Stewart 46s—WaUsend Northumberland 434 3d— Walle.cd Walker 44s 6d—WaUsend Newmarch 44s 6d. 911 Ships at Market-29i Ships sold-62 unsold. MINING INVILLIGENCE ! —The Copper Ores sold Redruth on Thursday, total 2010 tous—standAr , : £lO9. 14s. Copper Ores for sale this werk at 11eLl ruth, 2389 tons. MAILS. •ss. DU IL ' Dublin 1 0, Waterford 2 0 Guenney and Jersey 0 1 Lisbon ,O 1' Holland . 0 .0 Leeward Ulan& • 0 0 A Mg. 1,111. France 0 1 Hambeirgli 0 1 Flanders ts Malta 0 0 Gottenburgh 0 Brazil 0 0 _ LONDON. Fruited published by I.tvlL place, Temple-Vat. • 13 I RTIIS. On the 22d, Mrs. Henry Desborough, of King -greet, of a eon. Dec. 19, at Edinburgh, the lion. Mrs. Peter Ramtay, of a daughter. At the Rectory, Lavant, the Lady of the Rev. J. W. Dec',aa of a daughter. J u ly 23, at Madras, the Lady of Major George CatL•ll, sistant-Adjutant-General, of .1 so.t. I 11G H-WATIER at lAN DON !MOGI TO-Moit Hove. Morning - - 51 Itintstsa after 9 Mumma. - .. • 59 lyaipiteiratter 9