Star. — London, England, 1822-11-18 00:00:00

IF ;0. '~ , • f • FILBERD TREE. - 'A RUSTIC PLAINT. BY T. PARK, ESQ. I had a little eon,* tot, As neat as cottage vrell could be; And near it rose a garden-plot. Where flourisied one embow'ring tree-•• Ah ! 'twu a tree of trees to me! To my neat cot it gave a name, A Filberd was my favourite tree; Who saw it prais'd it into fame, And e'en my neighbour', envying me. Confess'd it was a goodly tree! Its graceful branches o'er my head Way'd wide an arched canopy; And its broad leaves benignly spread A fan of green embroidery, 'That shaded all my family ! It was a screen from wind or sun, A veil from curiosity ; And when its summer bloom was gone, We still could feast with social glee, On its autumnal frultery! E'en Winter oft has seen it gay, With fretted frog-work spangled o'er ; While pendants droop'd from ev'ry spray, And crimson budlets told fence more That Spring would all its charms restore! But I have left that comely cot Where blossoms now my fav'rite tree ; And I possess an ampler spot, Which boasts of more variety, And more enraptures all but me ! For what I once have help'd to rear, Have treasur'd with a guardian eye, To my weak heart must still be dear, To my fund thought will oft be nigh— Thee, Filberd, still for thee I sigh! LAW INTELLIGENCE. COURT OF KING'S BENCH, NOVEMBER 111. THE ICING V. KEEN AND OTHERS. Mr. Somme-GENERAL prayed the judgment of the Court on these defendants, twelve in number, who were indicted at the last Assizes for Warwick, for a riot and assault, and had suffered judgment by de fault to pass against them. Several affidavits on the part of the prosecution, were put in and read. In these it was stated, that for a long time past there had been disputes between the master silk weavers of Coventry and their work men relative to the price of labour, in consequence of which a Society of Journeymen had been formed, called"' The Weavers' Fund," for the purpose of pre venting the prices from sinking below such standard as the Committee should from time to time appoint. This Society was supported by subscriptions of a penny a week from each of its members ; and the fund so raised was applied to the support of members who should be deprived of work by conforming to the regulations of the Committee, and resisting their masters. It was one of the rules of the Society ? that if any journeyman . should work for a lower ptiCe than that fixed by the Committee, he should. be placed on an ass, with his face towards the aSS'S tail, and carried in mock procession through the city. In July, 1820, a man named Amos Carver, incurred the displeasure of the Committee by working for lower prices than they had sanctioned, and reparations were made for visiting him with the penalties of their law. On the 11th of that month he was dragged from his house, forcibly placed on an ass decorated with blue ribands, and with his face to the tail oldie anirra.l,paraded through the city, and for three hours, in that situation, exposed to the insults and injuries of the mob. At last he was rescued by the constables,and taken home, where be remained ill for a month, in consequence of the suffering he had undergone from the rioters. On the 19th of February, being destitute of employment, and apprehensive of further attacks from the journeymen, he was prevailed on to execute a release to the defendants and others who were con cerned in the outrage, on condition that they would find him work ; but no work had they . ever found him. An affidavit of Mr. Farringdon, a master weaver, stated that he had himself been an object of the displeasure of the Society, and that a riot bad taken place before his house; during which he only escaped personal violence by barricading his house, and preventing the entrance of the rioters. On behalf of the defendants affidavits were put in, stating that an action bad been brought against them which had been discontinued, and that Amos Carver had executed the releAse to which allusion had been previously made. They stated that the prosecution was not now conducted by Carver, but, as they believed, by Mr. Farringdon, from motives of anirn,psity and revenge.• They complained of the expense entailed on them by the removal of the indictment, and of the imprisonment they had suffered, several of them for months, after the Magistrates had discharged them on their own recognizances to appear. The COURT observed, that there was no affidavit that the defendants had ceased to be members of the Association, or that the rule 'ruder which.tbe assault was committed was repealed.' They also expressed surprise that the Magistrates should have discharged parties charged on oath with that conduct- of which they since had confessed themselves guilty. Mr. SOLICITOR-GENERAL addressed the Court in aggravation of punishment. • The casewas one of fro small individual enormity, and of great public im portance. All combinations by workmen against masters to raise the price of wages, or (he would wil lingly concede) of masters against workmen to lower them, were in a high degree illegal and pernicious. f .- But this was a more serious case than the mere fact of combination would furnish, when those who com bined enforced their laws by such a process as that which had been described in the affidavits, and which it was unnecessary to characterize. It was alarming, indeed, to find in a city like Coventry, where nearly the whole population were weavers, a society of the description now developed, with its regular officers and Committee, assuming to regulate the prices a( labour, sustained by funds which gave a great mid titude.an interest in its support, and dispensing a re gular system of rewards to those who suffered for obedience to its laws, and of punishments to Those who refused to obey them. But the most alarming circumstance in the whole was, that the Magistrates appeared to be inactive; that they suffered this dis graceful proceeding for hciurs before they interfered. • The Leap CHIEF Jusucs.--Probably they were alarmed, and afraid to interfere.. • Mr. Enktorroa-Ganzawt. replied& that, supposing this to be the fact, it shewed•tbe dangerous nature of thiProceedingi which could thus Intimidate them, elite. It wits the tottilltahltkirAiMiglod berm* t. Statute, that where a fire happened through the neg ligence of the octupying tenant, hewer bound to re pair the loss to.his landlord,' • Mr. Setjeant TOM , *ere can be no doubt that would be the triaterriere'negli gence existed, but here neneexisted or was alleged. HoWiver, the French law does not !protect in the present case. He is . equally liable, whelk inneetatl' or guilty of the cause. • • Mr. Justice Bustaouott said he saw no good' objk in sending back this case for trial again. It would . b* an unjust controversion of the laws of the Colony. The LORD Cruet Juseteg.—l am of opinion that it would be improper to interfere on the grounds Stated. Mr. Serjeant Ling.—But, my Lords, the case of the defendant is peculiar. He is in the employment of Government, and the litigation of this case is thrown upon him. He is at the mercy of Government. The LORD Cm!, JUSTICE.—We well know that Government will not reimburse the party, unless the merits of the case have been tried ; but we think that has been done already. All that the Government can wish to ascertain is, what is the justice of the case.— It would, of course, throw the onus of shewing this upon the defendant, and would then protect him from the consequences. We think that enough has been already done for that purpose, and that there is nothing to warrant . the interference of the'Court.— Rule refused. • The Cour t rose a few minutes before one o'clock, to meet the other Judges in the Exchequer Chamber . ARCHES COURT, NOVEMBER 16. SUSPENSION OF A CLERGYMA N FOR GROSS MISCONDUCT. Dr. PHILLIMORE and Dr. ADAMS argued at con siderable length upon the power of the Court to pro nounce sentence of deprivation upon the Rev. David Bishop Davis, a Clergyman of the Established Church, for griisi misc onduct, whereby hi brought into disgrace the profession. The facts sworn to against the Clergyman were, that he was in the habit of going into public -houses and getting intoxicated ; that upon many occasions he had used indecent and profane language in public houses among labourers and other persons of low condition in life, and with whom he was not war ranted in associating ; and that he frequently told obscene stories in the presence of such persons, to the corruption of their morals, and the dishonour of his sacred calling. It was proved that on an occasion in which the Reverend Divine had been thanked for his exertions in removing a pauper who would otherwise have become chargeable to the parish, he had said in a room filled by the Select Vestry, " Give me a good horse and ss. and 1 . 11 ride to 11— and back again, and face the old d--!" There were affidavits from his female servants, stating, that he bad constantly used towards them the most improper language. It was sworn by the maid-servants, that they had seen Samuel Bean, a person living in the hothe, and who had formerly been a pupil of the defendant, in bed with Mrs. Davis, whilst Mr. Davis was in the room, undressed, and evidently just risen from the bed on which the other two individuals were 1) ing. The expressions, too, which he used at this time, and which were over heard upon other occasions, were equally confirma tory of his knowledge and connivance at his wife% infidelity. An attempt had been made by some of the interrogatories to throw discredit upoir . the evi dence of two of the female servants, as having each had an illegitimate child. But this circumstance was not enough to overthrow their testimony ; nor •did it apply to the character of one of them, who had quitted the service from feelings of decency, on dis covering the practices which were carried on in this family. Undoubtedly, conduct so degrading im-' plied a total absence of every religious and moral principle, and was calculated to bring the greatest possible scandal, wherever it was known, upon the Clergy and the Church. Upon the affidavits to those disgraceful facts, it was considered by Dr. Putwaronz necessary to pro ceed to the utmost limit warranted by the Canon law. They were uncontradicted, and there was no reason to question the respectability of the evidence. He then cited one instance in which a Clergyman had been deprived by that Court for obscene and other wise improper conduct. Sir Jons NICHOL, in passing judgment, observed, that the solitary case cited by Dr. Phillimore was not sufficient to authorise him to proceed to the ex tremity of pronouncing sentence of deprivation. He' then stated, that the judgment of the Court was— That the Rev. D. B. Davies should be suspended for three years from all connection with the Church ; that before he should be restored, be should produce certificates of his good behaviour from' three Clergy men ; and that it was still in the option of the Bishops Court to pronounce sentence of deprivation. The Re , verend defendant was also sentenced to pay all costs. It being intimated to the Court that Mr. Davis had some time since taken the benefit of the Insolvent Debtor's Act, the Court said that that would not avail a defendant in his situation as an exemption from costs. no less than if those p them. . With respect to the Te ease mentioned in the affidavits, it could not avail the defendants, vibe hid 'wrought on the mind of their victims, at the time when he was suffering terror anti distress, to sign an instrument of discharge forhis own individu a l wrongs. m e Ho n iviver, Amos Carver was not the pr osecutor ; the aster- can instrument Fiencli weavers of Coventry, and among t hem Mr. Fanning- resent case. He is.ellitally tr...- don, had instituted the lircceedingt from a sense of Pr ili of the cause. duty, and had removed th an i nto that Court,- in or g u order that they might be made as p ublic as possible. in Mr. fustice Bususotion said he The case was now before the Court , who would deal sending back this case for uis . with it as they thought that the interests of the coin- an unjust co C trov er SP sion of IC the I: RD HIJUsT 1 inunity demanded. He felt for the misery which most be brought on the innocent families of the of- would be impr off to int erfere r fending parties, and for the misguided individu als Mr. Serjeant NIL-71M, themselves; but in a case of this' alarming nature, the defendant is peculiar ! _H . ! the Government had an imperious duty to perform , of Governme n t, and the lit in extending protection to the property and lives c,f thrown upon him. He is at th its subjects, and in securing the public peace so dan. The LORD Cniav AMU& gerously broken. Government will not reimbu Mr. ANDREwS followed on the same side, and ar- merits of the case have been geed that impilsonment alone would be an inade- has been done already. All quate. punishment, because the Association had funds wish to ascertain is, what is to support the defendants during their confinement. It would, of course, throv Mr. Cosmos; SERJEANT addressed the Court in upon the defendant, and mitigation of pOnishMent. He urged the length of from the consequences. N time that had elapsed since the commission of the been already done for that offence ; the compensation made to Carver for his in- nothing . to warrant the it dividual sufferings; the absence of all proof th at the Rule refused. outrage had ever been renewed; and the length of The Court rose a few imprisonment which the defendants had already suf- to meet the other Judger fered, as reasons why the Court should not further Aucuks COUP severely . visit them. If they did not state that they SUSPENSION OP A cLanos had ceased to be members of the society, or that the Dr. PHILLimoRE an, criminal regulation had been abolished, this was pro- siderable length upon t bably because their affidavits were framed in answer nounce sentence of der to those laid before the Attorney-General when he was requested to enter a nolleproseqtri, and not to Bishop Davis, a C l those produced on behalf of the prosecutor on, this Church, for griisi mi into disgrace the prof occasion. They had not 'put the prosecutor to the l The facts sworn c expense of a trial, and they had themselves incurred that he was in the a ha great expense in consequence of the removal of the proceedings, and the consequen t necessity for them and getting intoxic he had used indecent to come to London. On the whole, therefore, he houses among labc ,trusted the Court would feel that enough was done condition in life, r to put a stop to outrages of this kind without inflict- ranted in associati ing any additional punishment of great severity on obscene stories in t the defendants. corruption of their Mr. ADAMS, on the same side, observed that the sacred calling. I' parties guilty of the riot to which Mr. Farlingdon which the Revere , alluded :had been prosecuted for that offence and exertions in remu . punished, and that the defendants were not among have become cha them. The Magistrates of Coventry had neither con- a room filled by .nixed at these outrages, nor had been intimidated by horse and ss. ar ,them ;, but, by a wise lenity tempeting their firmness, and face the oli ;they .had prevented their recurrence, and had soothed There were .those animosities which produced them. By the exer- stating, that h , cisecf the same forbearance, the Court would better the most impr ,secure that harmony which now existed than by visit- maid-servants, Mg the offence of a season long past with very person living severe penalties. .. been a pupil of The. Judges consulted together for twenty minutes, w hil st Mr. D after which—. . evidently just Mr. Justice I3AYLEY proceeded to give judgment. two individi The combination in which the defendants had been which he ut engaged was unquestionably illegal; but for this heard upon they were yet liable to be prosecuted, and therefore tory of his 1 'the Court did not take this into consideration in ap- infidelity. portioning the Punishment. Neithet, since the pro the intent) , secutor had been compensated, did they now pass deuce of tv sentence for his individual wrongs; but, for the great had an ill violation of the public peace, the Court were bound was not e to make an example. Had the unfortunate object of . did it April their attacks died within a year and a day after the quitted tl• infliction, or had any death ensued in the prosecution coveting of their unlawful design, all of them would have been family. liable to the peoalty of murder. The Court, taking plied a t possible all the circumstances into consideration, adjudged principli that each of them should pay a fine of 201. to the King, and give security for good behaviour fcr five Clergy years, himself in 401. and two sureties in 20/. and that up° , four of theirshould be imprisoned fur nine months, was co seven for seven months, and one nor six months, in teed t the House of Correction at NVarwick. law. At one o'clock the Court rose•to attend a meeting ream of . the Judges in the Exchequer Chamber, to consieet 'lie tt the Crown cases reserved for their opinion. , been COURT OF COMMON PLEAS,, NOVEMBER 16. wise cLaUpET E. MACAliTtly. Si Mr. S?rjeant LENS moved for a Rule to spew cause that why the proceedings in this case should not be not quashed, in consequence of informality arising out of trei a variance in the description on .the record. The. the plaintiff, Madame Claupet, as the wife of a Gentle- . / . 1 , man of that name, a resident of the Mauritius, was N: the owner of certain houses in the island, one of which th was occupied by the.defendant,, who was at the time ct the Paymaster-General in the colony, in his Majesty's ere service. In a great fire which happened there some time back, the defendant's house, amongst others, i ` was consumed. According to the Code Napoleon, which was at that time the law of the island, the oc cupier of any house or premises injured or destroyed by. fire was, except in certain cases, bound to make good the loss to the owner. Under this law the plain- , tiff brought . her action io the Courts of the island, Little Wadiingion, on reaching the House of Cor and recovered damages to a considerable amount. rection, on Thu rsday , requested the presence of Mr. However, when the record of the proceedings was . . • ' 4.DiciNs, and on his appearance, demanded, a clean transmitted to this .country, it was found to be greatly bed, pens, ink, paper, liad two candles every night. at variance with the original instrument. In the one Mr. ADRINS replied, he ahould be treated precisely in Madame Claupet was mentioned as the demandeur, the same manner as others who stood in a similar while.in the other the husband was included, and the .. precncamen . t. Dr. _ . word demandeurs inserted. It was now contended, Watson shortly after visited him, that according to,the construction of the Code Na- and gave him a shilling. poleon, under which the original action was brought, . - IsfeaonabtExTe on THE SuRRET BIDE of WATER this was sufficieot to quash the proceedings. The de- coo Bitincra-From the southern side of this elegant fendantilid not dispute the law, as applying to occu- bridge, down to the Obelisk, in St. George ' s -fields, piers of houses ; but as it was extremely severe that there w ill shortly be one continued range of substan. the occupier should be bound to m a k e goo d a l oss o f i tial buildings, erected on ground which , but six years which he was not the cause, be sought, by availing ag°, was * continued marsh or waste. In this line of himself of every fair objection in point of form on the buildings stands the Coburg Theatre; between which 1 .record, to get rid of the onus. Though he did ad- 1 built i site and mit th eesistence of the law, it could not be denied ' the bridge is the New Jerusalem Chapel, n the Gothic. style; a little farther on is on that it was a severe one. , . The LORD CHIEF JEISTICE.—Where is the severity Chapel, on an extensive scale, intended for a Bata .41 e here? Is it not just that the occupier should totem- Congregation. The space between that and for his loss? The defendant was an 6 a lar g e 1 Feathers," thelofty house erected by Mr.Wnirastaass o , nify the owner pond, g lon the resort of socks of geese agent of. Government, and Government must bear ' and d.ucks, which workmen, during the past week, him harmless. .. . , . have been employed in filling up with earth..on which, . . Mr. Serjeant Lens submitted that it was not equi- a cons i d e r able mound of substantial materials is to sable that the defendant should be called upon to pay i• b e rAlsech and, s soon as the mass is properly comm., ,fur an NWT i which did not accrue through his neglect.. Waled, a foundation for a new Church will be laid, Tice fire did not originate with him, b ut it arose i n breireue of a late Act of Parlitustent," which is tobe, some stores of Government elsewhere., ibnilt,on a similar. scale to the elegant structure inch* Mr. Justice nuanovom-1 see no injustice in * this New-road,. Pauclas , . . • • - uNzugsszt vittuiaLgt. CAMBRIDGE.; NOVEMBER, 16. ea, t . ' - . :aak Diasdaf lint, ;wird There ii4:4 41 Yen se dictate Mangled di Tweeddie was ed. Sibreir at Arts: ° t ube low &Conc@ posed the Senaie to ceder' the. de; poiDoetstbi rinity Dii, .t 1 lard **data, on tbe.Rev: . Ctersrall, 1N:44 wiiii* d T College. - . • ' geutunisn Prlft'fik the mint year has been ili to the Rev. Merited Bidispg Men IS:A. - redo* el' Conege,. - Idekleeni dd,Aneeedlde RePilanee; The tin ' bjeet of Ike Nitrifies bite Neal for the ensuing ye it- '!tie Mee andiMailen of St. John the Baptist. Mr. Thomas Sbort,\ Ley Clerk. of Sigel. Trinity, and Se John's Chapels, is Beets d Under Library Beeper of the Univer. shy, In the reset of the lite Me beep` Toiiworthe. 'Ahe num. bees were, for his. Short 94 Me: re. it& _., The Rev. Walter Burroughei, IL of Clare Mall,it admhtei Fellow of that Sudety, en the foundation ot Mr. Rouge OXFORD, NOVEMBER 16. The Rev. Noel Thanes Mee, )LA; Fellow of Ballad Cot: lege, has been appointed , In Coniocation, one of the Peblit F...ta: miners, in the rotes of the Rev. Mr. Lowe Saturday, the Degree of Donee is Divinity Was tinanimondi conferred. in Convocation, on the Rev. J. I. Man, &1e of hhgdalen College, Chaplain te his Majesty's Forces le the Canadas, and now reddett at Quebec. ~~ ~. .~'i ECCLESIASTICAL PROMOTIOSTS. - The Rev. Chattels Hatch, H.A. Fellow of Kines College, Cambridge, to the i'erpetsal Curacies of Kersey and Lindsey, Suffolk. The Rev. Wm. Mower, jun. M.A. Chaplain of rork Castlei to the Incumbent Curacy of Mahon. On the 29th ult. the University and King's College of Aber deen, unanimously re-elected the Earl of Aberdeen, Lord Rector for the ensuing year. The Rev. Joins Baron, of Stockport, in Cheshire, a Graduate of the University of Oxford, and Member of Brawn-nose Col lege, in that University, has been recently instituted and liw ducted into the Vicarage of Walsall, in Staffordshire, upon the presentation of the Earl of Bradford. • The Second United Associate Congregation of Falkirk have given an unanimous call to Mr. John Newland., preacher, to be their pastor. *- Sir Hew Dalrymple Hamilton, of North Berwick lad Bar gany, But. If. P. has presented the Rev. Robert Balfour ham, shlmer of &enton •to the Church and Parish uf North Berwick, Presbytery of ' Haddington, vacant by the death of the Rev. George litrray. BI BTUS. At Taicyville, the Lady of Dr. Taylor, of a daughter. At Madras, the Lady of LieuL-Colonel Limoad, of the Na tive Artillery, of a daughter. brAItRIKI). Wednesday, at Godmanchester, the Rev. William Emerson Chapman, B.A. of St. John's College. Vicar of Falenham and Swinestead, and Domestic Chaplain to Lord Gwydyr, to Eliza, eldest daughter of Edward Martin, Esq. of the former place. Wednesday se'nnight, at Brighton, the Rev. James Edwards, of Petworth, to Miss Wood, daughter of Stephen Wood, El. of the former place. At Newchapel Church, near Clonmel, Counsellor Nlolcahy, of Corabella, to Maria, daughter of Win. Harden Bradshaw, Esq. of Summerville. Noir. 13, at Chiddingstone, in Kent, the Rev. Richard Peter Whist', M.A. Prebendary of Wells, and Vicar of Ilioseed, in Essex, to Sophia Catherine, eldest daughter of Henry Ser.-At tend, Esq. of Citiddlogstone. The Rev. William Evans, to Sophia, eldest daughter of Mr. C. Tipple, of Wymondham. The Rev. W. Gray, B.A. of Bettws Lodge, Monmoutluhire, to Miss Eliza Sanders, of Lower Edmonton, Middlesex. Sept. 22, at Naples , Baron Lord Wallscourt, to Mi,s I.ocir, daughter of Wm. Lock, Esq. Oct. 22, at Florence, Sir Chas. Style, Bert. to Isabella, daugh ter of Sir George Cayleh Bart. DI Ell. Saturday, in York-itreet,Westmin-ter, to her 7Sth year, Lady Bloxam, widow of Sir Matthew Bloxam. At Lincoln, aged 58, the Rev. G. King, Rector of Ashby de-la- f.aund. - The Rev. Charles Onley, aged 89, of Schierl Hall, Passer. Monday, at Derby, t , f a rapid decline, the Rev. John Lind say Young, 'ALA. of Brasennose College, Vicar of Cockerham, Lancashire. Oct. 31, at the Manse of Biggar, the Rev. William Watson, in the 73d year of his age, and 55th of his Ministry. 'Sept. 5, at Kingston, Jamaica, after an illness of five days, of a malignant fever, the Rev. James Steel, A. M. Minister of the Presbyterian Church there. Saturday sennight, at Lincoln, suddenly, the Rev. George King, aged 58. He was on the preceding evening one of a party at a friend's house, and went home apparently in good health; was taken ill with water in the chest, early in the morning, and on 4 survived about an hour. Oct. 18, at Filleigh, in Devonshire, aged 75, the Rev. John Burgess Karslake, Rector of that Parish, and of Cracombe, in that County. We restate this event, as the life of this Gentle man, when an , infant, was saved by his nurse-maid jumping out of the window with him in her arms, when his father, mother, and two brothers, were destroyed by fire in their own house, at South Molton, the 30th of January, 1749. Saturday se'nnight, aged 21, John Freeman, eldest son of Jo seph Blissett, Esq. of Letton, Herefordshire. Ile was a mem ber of Wortester College, where he was equally beloved and respected as in his own family, for the unaffected exercise of those duties which made him an early example in social and re ligious life. Saturday se'nnight, at Coltishali, aged 77, William Palgrare, Esq. one of the Aldermen of Yarmouth, who served the office of Mayor for that Borough in the years 1782 and 1805. In Lisburn, Henry Kennedy, Esq. attorney, many years Law Agent ta the late Marquis of Hereford. Wednesday, without any previous illness, aged 80, at Cam bridge, Mrs. Bridget Wardleworth, relict of the Rev. James Wardleworth, formerly Curate of Tid St. Mary's, Isle of Ely. Nov. 11, ----- Ayktt, clerk to the East Essex Militia, leav ing ten children to deplore his loss. • Oct. 24, at Farnsfield, Notts, aged 90, Henry Houldsworth, Esq. father of Thomas Houldsworth, Esq. M.P. for Pontefract. Thursday, at Wimbleton House, Surrey, the Lady of Sir William Beaumaurice Rush. Thursday, in Wimpole-street, Henrietta, daughter of the late Sir Edward Knatchbull, B.M. of Alersham Hatch, aged to years. Oct. 31, at Halliwell, near Bolton, aged 108, Mrs. Ann Mac donald. In early life she went to America, and was laundress to Gen. 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