Star. — London, England, 1817-08-16 00:00:00

NArAL INTELLIGENCE. FALMOU i'll. AUGUST I& Arrisci r:iwerd, CA fr no Norfolk, in thirty tuo qs; .ind the Al satisfy', SANDiritiON D trim,- Fl ....re, for S . Thomas's and New Orleans...— The ::o.t ing are the names of the trans/scale which stlivrti )esterday : the Dorothy, Regulus, Trent, and Al.• ..n• —The Nlatchumess or Salisbury packet is gt,t;,.: milt the Roads.—Wind S.W. P SMOU'I H, AUGUST IS. 1. ;vv.!' Atte G it'd Stmestnatt, Benevolent. and Qt., tr.insports, from Guirlitst T.—His Majesty's sup NEWV.II'LIt. repotted ye.i. .1 4 y, t . in led t rnm S t . H. li tb • J.l July. The CMQUEII.III Arrived there fry it• tour days prey' Htinour.ible Comp )'s schooner Sr. Helens h gone to the mist :t .1111.4 It.r stock —Wind S.W. DEAL, MMUS 15. • List evening t• e wino g t toned to die Southward, and p.m til the inatwad-hound turned away ; but it sir :r gin r una again to the Vi'.S W. which obliged them t.. hear up ..gain.—The Diligence transport, from 1) p110:d. lost het three t-ipni‘sts in a squall.— Aitiv. d ani Loh d for the Rover the Maria, Tor. to ni St. Lucre.—Came down trout the River the Jeff tur the S On tl S.W. HULL, AUGUST 14. Arrived from G , e the Lord Wellington, DANNAT 3 nsh, St butts, 440 seals. Trafalgar, DAN N AT, 4 &It, 250 butts, 1000 seals ; Aurora, SAO. LER, lilt butts; Walker, HMllll4'4l O 5 fish, lift nutts. 210 seals; and Ellison, STOREY. '2 fish, Is. 750 seals.—From Davies Straits, the Kiln., 'ER! MAN, $ fish, 320 butts; and the Swan, TAYLOR, 39.) butts. will rim, AUGUST it. ArrlV“ d horn Greeotand, the Volunteer. Caacios. 2 ; °aura .Ir, 45 fish ; Valiant, AGA/te 10 ti s : l; 4 : h t h /Twits' 1111,460 N. 2 fish ; and from Davies & f ail., Ow Jump., sham. 2 fish. A s ip to carer SO guns. and to be called the Watt:ll.yo, is flirted to be built in Portsmouth Dock yard. Too• dry rot continues making rapid strides in the Navy ; several of the ships 14unchtd of late years are It and 111 bet 'awed by this great evil. The Forte, witch ow) went irons Wa 1 aith to Chatham. may tow he added to toose already named. and is to undtr t t.) velum at the latter place t several first-rates are arntibg the talnibef ; 4114 to short, neatly every class iu A gi entre or less degree LAW IiVfLLLIfit.tvCIS. COUR OF CHANCERY, AUGUST 14. JACKM'N 1% TUE NATTER nr HOLLAND AND CO. Hall.• d and Co. becam, bankrupts in 1810. )les•r• H.) WOO at,tl Co. negociated bills for this house to it e amount of £44,000. Two other houses Lounds sow Beeson, and Fawcet, were concerned in the can e bills. - At the latter end of May, 1810, Lounds and Co. prevailed on Heywood and Co. to give Holland and Co. credit for 54.50,000, in order to rapport their credit, when otirerwise they must stop payment. By this sum all the bills were relieved. On sh e 12th of June following the bankruptcy of Holland and Cu. was established. Sir Samoa. Roseau, and Mr. MoNTAGIU now ap plied to the Court to have Heywood and Co. struck off the het of creditors, contending that it was an unfair transaction on their pert, by which they bad obtained a preference. Mr. Hoass replied, that if h were a • fraud of the arum alleged, it was a most Absurd and foolish one. Heywood and Co. had lent R 50,000 which they were sore they could not recover, in order to 'mire a 44,000 which they fright possibly have otherwise secovered. . . The LORD CHANCILLOR.--Thill may be a good case in Liverpool, but the petitioners have brought a very bad one to London. I cannot grant their prayer. IN THE MATTER CP &MCMICHAEL AND °rims. A petition was presented from Thomas Gitton, one c.f the bankrupts, praying that the commission of bankruptcy be superseded, or renewed. Sir Samuel. Rusuu.y and Messrs. WETHERELL, CULLEN, and MONTAGU, supported the prayer of the petition, on the grounds of individual justice and public policy. Of the f►ve Commissioners three only acted, and those three were creditors ; one of them, Mr. Collins, to the amount of ,Cll,OOl. Collins, Pitt, and Co. were the bankers in whose hands the money was deposited. There were gross errors in the repert of the Commissioners, but that would not be gone into, as substantial justice, and the necessity of satisfying the public that justice was administered, made it indispensable that no person be allowed to be judge in his owa cause. Messrs. HoliNE, HEALD, and SPRANOTR, on the other side, admitted the principle, but contended that it was now too late to complain of the Commissioners. Goon had himself acquiesced in their appointment sit 1815, and it was not till thex•declared it necessary to sell his private property, that he petitioned to have them superseded. The Loan CHANCELLOR said this was a very im portant case. Had this application been made at the first, he should have had no difficulty to grant it; but now great difficulty arose from the interests of other parties. The other bankrupts had obtained their certificates under this commission. and it must therefore be considered how far they could be affected by superseding it ? CP the principle he was ready, however, to declare his strongest disapprobation. He had had his habitation and dwelling in that Court for forty years, and till within the last ten months, he Lever heard of creditors acting as Commissioners, and he hoped for two reasons that he should never hear of it again. First, the case of Storey, in which me creditor was a Commissioner, another Solicitor, :Ind a third Assignee, afforded a striking instance of the palpable injustice of such a proceeding ; and se condly, he had published an order, that on every :oromission of bankruptcy being granted, assurance he given to him that no creditor was among the Com missioners. He would read the petition with care in ILe course et twelve or fourteen hours, and give j::.dgment to-morrow morning. AUGUST 15. DOWNES t 7. GENZIEROOK. The LORD CHANCELLOR said : that he was of opi nion that the sale could not stand t and that the She riff should be ordered to pay the money he had le vied into Court. Sir SAMUEL ROMILM—Does not your Lordship thank alit Mr. Grazebrook Ihoold be allowed cyst: be is surely emitted to much mere. Altboup, the ale is not good, he must be entitled to the divide As. The LORD CHANCELLOR.—I have given my jug. ment with great rehictapre against M. Grazebrodc. Let him have his costs withotit pr.judice, and let he estate be brought to sale before the Master during tl,e va ca. ion. rs; TILL MATTER OF EDWARD AND JOHN w.)ODOATE. This was a question of considerable intricacy, re specting a mortgage claimed by Meux, Reid and Cu.l over a lease of houses in Hunter.street. Edward Woodgate, the elder, bad been a timber merchant, and in 1811 took his son, Edward, into the concern with him, whether as partner or nut did not appear. Much about the sometime he obtained a lease of two houses in Hunter -meet, from Mr. Penthrill, tuber as a security foe debt doe to him by Penthrill, or as la protection against recognizance: in which he was liable for Penthrill. In 1212, Edward Woodgate, the younger, and James Woodgate, took the whole concern into their own hands, and the father retired. In September, 1813, the sons mortgaged the lease, mode in their father's name, to Meux, Reid and Co. The lather became bankrupt next January. Edward Woodgate, the younger, and James Woodgate, be- 1 ' came bankrupts since. The question was then raised as to t h e property of the lease. In August, 1815, application was made to the Lord Chancellor, and be ordered a reference to the Commissioners. Their report, detailing the various affidavits and parole evi dence that had come under their observation, was nr.w brought before the Court. Sir &sum. Raartatv and Mr. Haar contended that the lease had really been the property of Edward Woodgate, the younger, and James Woodgate, they having given a valuable consideration for it : and that, therefore, Meux, Reid and Co. had an equita ble and gond mortgage over it. Messrs. MoNTAGUE and SPENCE replied for the assignees of Edward Woodgate, the elder, that the lease had never been the property of Edward Wood gate, the younger; that he had feloniously abstracted it from his father's bureau; and that consequently Meux and Co. held an equitable lien over it. Mr. Coox, for the assignees of Edward and John Woodgate, said, he appeared merely for costs. The Lona CHANCELLOR considered this a very complicated case. Edward Woodgate the elder had a legal mortgage over the houses in Hunter-street. Mem( ' Reid and Co. claimed an equitable mortgage. If Edward Woodgate the younger, acid James Wood• trate, really gave a sum of money to the father, still the father might retain the lease in consideration of other claims upon his sons. His Lordship then en. tered into all the details of the case, and concluded by saying, that if he had taken a correct view of all the circumstances, he should read all the affidavits and papers with greater confidence and rapidity. SURREY ASSIZES-CROYDON, ADM'S!' 14. The summer Assizes for this county commenced hrre to-day, before Lord ELLabisottovnir, in the Nisi Prius Court, and Mr. Justice DALLAS in the Crown Court. CIVIL SIDE. SPRING OUNSo--UACLOUGHLIN V. PHILLIPS. This was an action upon the case to recover da mages against the defendant, for negligently placing in his grounds spring-guns, loaded with• powder and shot,• whereby the plaintiff was wounded in various parts of his body, in consequence of the explosion of one of them. _ _ It appeared that the plaintiff, a very young man, was a labourer in the employment of the defendant, who is 2 nurseryman at Nine Elms, Lambeth. Some time previous to the accident the defendant's grounds had been robbed of a few apples, and for futrue se curity be fixed eight or nine spring guns imme diately within the fences, and opposite the most uc cessible approaches of the premises, cautioning all his labourers to beware of the wires, as they went about their work. The guns were kept loaded day and night, and were constantly ready for mention. On the 12th of December last the plaintiff was em ployed in making up bundles of faggots, and having occasion to go the heige to get some withies for that purpose, he unfortunately trod upon one of the wires, the gun went off, and the greater part of the contents lodged in his lower limbs. A large elder tree, which intervened between him and the gun, was severed in two by the force of the charge, and luckily saved the plaintiff from probable death. He continued under medical care for a considerable time, and was repre sented to be now far from well. Under these circum stances the present action was brought. Lord ELLINSOKOUGH said, the whole Case must turn upon the question whether the plaintiff had suf ficient notice of the impending peril ? and that point being completely established, his Lordship thought the plaintiff must be nonsnited.—Nonsuited. CROWN SIDE. Jame: Barmen was indicted for feloniously assault. ing Joseph Tomlinson on the King's highway, and taking from his person a watch, Sm. en the 6th April. The prosecutor was on his road from Fleet-street, where he had spent the evening, towards home; when reaching Dover -street, Blackfriars.road, he was sud denly surrounded by about five or six persons, among whom was the prisoner. The latter first struck him, and made an attempt to take his watch. He neat knocked him down and pulled out the watch, which was handed to one of his companions, who fled. Wit ness recovered a little and rose, when he seized the prisoner, and struggled to hold him for some time. Ho however got away, but was followed to the Do ver Castle public-house, where being identified, he was secured by an Officer. An attempt was made to prove that the prisoner was not one of the party who attacked the prosecu tor ; or that the latter had, iu collusion with the Offi cer, trumped up the story for the sake of the toward in ruck a case. Mr. Justice DALLAS having summed up the evi- dence, the prisoner was found Guilty—Death. lienr, ray:or and John Reeve: were capitally indict• ted for stealing in the dwelling.house of William Norris, at Camberwell, in this county, ten table spoons, fifteen smaller ones, a number of silver forks, salt cellars, and other articles of plate, on the 18th of May last, to au immense amount. The articles in question were stolen from a chest in the prosecutor's house, on or about the day stated in t he indictment, and the prisoner, Taylor, who was at that time employed in painting and cleaning the windows, suddenly absconded, leaving even his wages uncalled for. A part of the property bad bees pledged by the prisoner, Reeves, who disposed of the duplicate; to a coffee-housekeeper in Blackfriars-road ; and the re. mainder was pledged with Mr. Turner, a pa ,rn broker, whose shopman identified the prisoner, Tui 'ner. as the person who pledged the late. Several persons of respectability were called in fa vour of the prisoners, who all concurred in stating, Cant up to the period of• this transaction they bad bone unimpeachable characters. Yr. Justice DALLAS observed, that there did not awar to be sufficient proof to sustain the capital part cf the charge ; because it was not only necessary shotld be proved that goods to that amount had hen stolen, but that [L I had been stolen at the same time. The circumstances against Reeves were strong,' but there was no positive proul tl►at l►e had ever been at the hotse of the prosecutor. or that he had received the gcod.'tnowingly. The Jury returned a verdict finOing Tay hr gulty nt stealing t• the amount of only. and acquitting Reeves of the charge altogether. The verdict was accompanied 'ay a strong recommendation to mercy in favour of Taylor, on account of his youth, the good character tie had previously borne, and the con trition he had siewn since his apprehension. The prosecutor also strenuously recommended him to the merciful consideration of the Court. Mr. Justice DALLAS assured both the prosecutor and the Jury that their humane recommendation Should have its due weight. SI'AFFORDSHIRE. TRIAL AT THR CROWN SAM On the trial of Thomas for highway robbery, and stealing a hat, the property of Thomas Rumbald, the prosecutor being asked by the Judge what he was ? and desired to give an account of the transai.rion, said, .4 I am a bookbinder, my Lord ; and I consider that, on the night in question, having been at work late in the evening on some religious backs, which, the evering being on a Saturday, would be wanted for the next morning, I went into the Turk's-head, in IVediiesbury, for some refreshment—that is, to take a little ale. my Lord; and I consider it was then about ten minutes after ten o'clock. I sat about two hours ; I consider it to have been nearly that time, because they never draw ale atter 12 o'clock. 1 con.' sider that 1 drank three cups of ale, and I consider my self as being sober ; there are three steps at the door, and not considering that there were so many, I preci/d -rated myself rather quickly into the middle of the street, unto the carriage-way, my Lord ; the prisoner followed me close out of the house. and immediately precipitated his hand into my breeches pocket without ceremony or speaking—(the Judge said that was in deed precipitate and unceremonious) ; there was no money in that pocket, and I consider therefore that he could take none out; he then put his hand to the back oh my head, and either by a blow or a violent push he mei/tussled my head to the ground, took off my hat, and ran away. I called watch, none an-' swered, and I returned to the Turk's-head, and in quired the name of the man who sat near me, and followed me out ? they told me it was 4 , Ellis." The prosecutor then described the constable going with him, and their " lying in ambush " for prisoner; that he got into his house si imperceptibly" to them; that when they went he was in bed, and came down stairs "in disguise, having nothing on but his shirt ;" wife!' made w knees " to pause and consider," but having is demanded a candle, which was positively refused bins in that house. lthosseh then& was a fire g" ha obtained one from another, and then be a ascertained the countenance, and pointedly assigned that he was the man ;" heeensidered the prisoner as having said that he uus innocent, and not the man; he himself wheii he first saw him said he was not the man ;—(this ex pression seemed to have dropped unawares from the' prosecutor, who hesitated a good deal when asked by the Judge as to that expression ; he first denied having used it, then attempted to explain it away, and appear ed a good deal confused in the evidence of what passed at the prisoner's house)—the hat was brought to him next morning ; prisoner was in custody that night. The constable confirmed prosecutor as to his going to prisoner's house, and said that at first he had said prisoner was nut the man. Mr. Darlaston found the hat the next morning di in the bed-chamber of a pigstye :" The Juno; said, that it the books which the prose cutor bound contained as great oddities as himself, they must be odd books; the stranger certainly would not have precipitated his hand into the breeches pocket if he had expected to have found it empty ; in general, too, the assault was before the attempt at robbery ; here the attempt was said to precede the assault ; and he must say, lie did not like the manner in which the prosecutor bad first said the prisoner was not the man, then hastily retracted the expres sion, and told the Court positively, who had all heard what he said, that be had never said so. Every cir cumstance ought to be weighed where there was a doubt, and the Jury would recollect there was a large reward in cases of a conviction of a highway robbery; there was a great deal of oddity about the prosecu tor, but that was no ground for disbelief. There were two things to consider —one, his at first denying him to be the man, and the other the reward. They had certainly had a many odd expressions, much consi deration, sense precipitation, and a little hesitation ; they- had been duly conducted to the pig's bed-room. It was for the Jury to determine on the guilt or in nocence of the prisoner. Verdict—Not Guilty. IRELAND. ANTRIM ASbIZES, AUGUST 1. Arthur Mq.aseashan iodic - led for administering poison to Margaret bl , Clenaghan, his wife, en the 16th of June last, of which she afterwards died, was acquitted. Henry .111 , 11vena was indicted for feloniously assaul ting Mary NlGllwane, and violating her person. Mary Wllwane said, that she was in Portglenone at a fair on 6th May last, where she was invited by William Irwin, son to the wan in whose house she and her mother lodged, to a dance in the house of one Diamond, publican ; Irwin and others prevaileJ l on her to drink till she was a little tipsey ; that Ir• win then decoyed her into a bed-room, when he las• lened the door. and choaked her so that she could not make sufficient noise to bring assistance, till in had succeeded in violating her ; that Mrs. Diamond, hearing her struggling, burst open the door and 'is cueJ her ; she then sent her to the house cf Sarah Dubbin, who keeps lodgers; that Irwin, M'llvena the prisoner, and several others, called t.• Sarah Doh ' bin to mu her oat the or they would pul het bottle. down ; that Dobbin endeavoured to pot her out, but she clung to the door-posts, and prayed for ,Icsus' sake that aller would let her remain ; but Dfibbin's son came and itecib!r thrust ber.tint among the mob, and that Henry Mollvtaa and others car. tied hi'r away by fi:rce to a t,l •ee called the Dish^p% Avenue, about a mile from Pnrglenone,siie she ttir l ; all the time for help ; that une took her by the !wad and one by the feet, and t'irew her over the hedge, and that M'llvena and miters followed her ; that there site was again by force throWn doon, and her rtst , r, vi toted by 11 , 11vena ; that he then called to ctilTr, by name to use her in the same manner ; ill: t then John Nl.Quillian and William WIlla;n did also violate her by force, 3 ,, t1 that four otht.r [terser:; whose names she did not then know, did in man ner violate her by force ; she has since heard and be. !:eves then; to be I tanii I'Denipsy, Charles Diamond, JAI) i\l'Ateer, and Wi!liant M'Peake ; that from the injury aid abase she received, she wa: scarcely able to get borne, and ilia! she obliged for many days after to keep her bed, and that she is not yt t reco. vered ; her cliches ware in Court and would shear (or themtelvea, Andrew M , Lqiiglilin said, that Nancy came to his horse about II o'clock, and said sue had been trying, without success, to give assistance 'o Mary 111 , 11 wane, and that s!.e often heard her call's.% him by name to come to her relief ; that he went company with another woman to a place called the Bishop's Avenue ; that he beard her cal!ing aloud for help long before he came to the (Ave ; Oiat. coming near the crowd, M.llvena met him. sh, , h'.; hart's with him, and advised him not to interfere ; that wit. ness pressing nearer saw several people having hold of Mary M'llwane (who called to him for help) ; several of them began pushing Min back, an.' t seat. ing if he would not be quiet, and go away. t;iat t!,ey would take his life ; and lie seeing no pr bThility success. and thinking his life in danger, ret.ired ; knew Mary by her coming to him with flax to dress ; he is a hackler. Ann M'llwane, mother of the prosecutor,ra;rl,lh;t she came home the morning after her d +rights'. was abused, when she found her not as well as usual, and upon inquiry she told her mother what had happened; s!ie examined her daughter, and found her in a mo , t deplorable state ;-.her clothes wereall torn to piece•:. John Kane said, Mary M'llwane and her mother had lived in his house for three months ; they we , e very industrious and regular, and never sew either of them drunk; the reason they left his house ve:a that he was hampered for room ; they went to lodge at Irwin's. The prisoner made no material defence. He pro. duced a witness to prove Mary M'lltvane to have been drunk, and to be a pia of bad character, which was counterbalanced and done away by the character she had received from her landlord, John Rane, and the neighbours where she had lived. The Hon. Justice O , IIORNE then charged the Jury, recapitulating the evidence, and commenting at some length on the enormity of the crime, the circum stances under which it was committed, and the de. fence of the prisoner. The Jury, after half an hour's consideration, found him Guilty.--The Learned Judge then passed the awful sentence of the law upon the prisoner, that he be hanged by the neck till dead, on Saturday, the 50th August. We understand that the necessary steps have be.n taken to secure the remainder of the ruffians comer. ned in this diabolical crime. LIMERICK, AUGUST 6. spom Tla: PATRIOT. _ _ John Clanday, who WAS t4i , -cl And acquitted fo► writ ing a letter to Alderman Wilkinson, off-lily to take away the life of Mr. Tuthill, was . on Saturday brought "into Court, the Grand Jury having reptesmed him as a vagabond. A July was impanaell-d, and Mr. Tieh;ll havipT been sworn, deposed that he never kttew Clanchy until the day he was apprehended ; had heard him described as a bad character; believei that be was one ; knew the prisoner at the bar to be the -.ame person who had confessed to have wlittea the lett-r to Mr. Wilkinson. Prisoner, on being asked whether he had any ~ - n e to give him a character ? -.aid. he could not call any one in Court, except Mr. Tinsley, attorney. Mr. Tinsley said he did not sufficiently know !he man to take upon him to say what hi: character was; he knew him to have been in comfortable cireern. stances, but did not believe that to be the case latterly. His Lordship then plat the case to the Jary, who returned a verdict finding for the presentment, and against the traverser. The Learned Judge then addressed the prie.ser "John Clanchy, you were indicted for a most rna. licious and wicked offence, for which, if yon h id het a found guilty, you would have received the seetec't punishment of the law. The sentence of Law is, that you, Jahn Clanclty, be transported from cheat • countries beyond the seas, ha. the -.pace of seven yea-s, unless you can, in a limit that I cannot prenneece (but which will be directed by the Gavertitnent c 4 which I am the organ), fled and produce tiro osten sible persons to bail yon, uhich I think you wili And . it difficult to do. If, however, yeti can do se, yna may remain where yen are." Exec:unosr.—Monday last the dreadft.l sentence of the law was put ir!rt exccuii:m AI Hairy 14 ;0 1 4 Mows: Clarke, Thriwt Gern;:y. and Thant Ra4cort4 pursuant toltheir witence on Frid fy last. Precisely at 12 w'clock, Henry Lurke and Tim nias Clarke ape peered on the fatal drop, attended b y their clergym an , who, we are glad to tied, !LA th e happy effect of bringing their melds w a re,per sense of their awful• situation, very different to that determined spirit of revenge exhibited by them in Court, on hearin4 the awful sentence of death pronounced on th em . deed 13u: ke evinced a depravity of mind even to the fatal wortzent, that we have never before witnessed on a like occasion ; both acknowledged they were guilty of the murder, for nhißh they were justly to ti.rltit their lives, and in a few moments were launched into ..ternay. At. half-past one, Thomas Germly and Thomas Rochford were brought out' to suffer the like sentence ; they arpeared detply penitent and im pres,ed with the soirnini.y of their awful state; vifter •pelittng a few Initiates an prayer, they also were r.iiiiich.d into eternity. After the bodies were hanged usual time, they were all pm into a cart. wad ta Ire a to the County Infirmary in be dissect. J irezed, I.ur.ustat to the statute t atter which they were le-conveyed to the gaol-yard for ink: nate:. ••••:14144.. gar Paper. 7 I