Star. — London, England, 1822-11-02 00:00:00

~, POETRY. We extract the fanwing beautiful and enema& oa from die Bat. G. esowe's ll!nitrations of Gensfit, PINDAR. In the grave his head was laid, AU its atoms in the sue For a thousand years have play'd, Through a thousand shapes have gone; Quick with life, or cold with death, Still but withering dust and breath! It has hlossotn'd in the Bower, It has Do aed in the wave, It has la the star-light hour, 'etas Whisper'd through the cave !" Has the spirit perishl all? • ' - This was but it's mouklering wan! Fame, the prize of life, was won, • PRID/Lel mistily task was done ; Then en the air his wing was tact ! . TAke i*Rime, the soul has pait, • While the ashes rest Ifelow ; Like a trumpet's sudden blast.. • Gone!—what strength shalt check it nor? When the lightning wears a chain, IPnrosit's soul shall stoop agaip! Yet the world has neei of thee, Man of Immortality ! • • Greece, the name is lost in tears, , Land of laurels, lyres, and spears! Visions on that spot have birth, Brighter than are horn of earth; In that soil of glorious strife, Not an atom but had life, Glow'd and triumph'd, fought and died, As the patriot battle's tide, Faced of arrow, lance, and sword. O'er the whelm'd invader roar'd. Hear us!, from thy golden Sphere! Shall the eternal Sepulchre . Hide the spirit of the land ? • Shan no great, redeeming band— (Oh, for such as dyed her seas In thy days, MrtTraues !) Issuing from her parent ranks,' I Smite the turban'd robber horde, TiU the chain no longer clanks— Till the Turkish battle, gored, Over Heir's purple banks In returnless flight is pour'd ; Till the phalanx, laurel-brow'd • Like a rolling thunder-cloud; Like a conflagtition sweeping, Of its plague-spots clear the soil; And Sin more the voice of weeping, 'Woman's shame, or manhood's spoil, Grieves the list'ning Midnight sky T Topa a ! shall her glory die? like thine, no godlike strain Teach her to be great again? Hear us, from thy starry throne hear!-1 nose in Afarullon LAW INTELLIGFATE. COURT OF KIN&S nEsoi, NOVEMBER 1. -- . - XING AND ANOTHER b. WILLIAMSON' AND ANOTHER. ' This action , was brough t to recover damages sus tained by the negligence of . the defindani;, Mt. Wil :a 4rnson and Mr. Clapton his.lniilder, in not duly sup potting 'an arch of the plaintiff's cellar, while they . pulled down an. adjoining wall, in consequence of, which the at ch fell in and destroyed a large quan tify of wine. • It'amseared that the:plaintiffs were wine-merchants, in Pudding-lane, whose premiks adloined those of tie _defendant Williamson. In the 'coolie of some 'irrikovernentsperformed for Mr. Williamson by Mr. • Clapton, the wall in question, whic,lifotmed part of the support' of Messrs. King's cellar, was removed • 'without any means being taken to prevent. mischief, or any notice to the plaintiffs. At the same time, a heap of bricks was laid in the yard above; and the ressute being chili increased, while the support was diminished, the arch, which seemed nearly coeval with the fire of London, gave way, and entirely ;soiled 51 dozen cf wine in its fall. For this injury tie plaintiffs now sought Compensation, contending • that it was the duty of the defendants, especially in s' populous a neighbourhood, to have bored the earth or each side, so as to ascertain that they would not.l i ijure the property of others by their proceedings. Oa the part of ihe defendants it was contended, that they ought not to be supposed cognizant of all the vaults in the' neighbourhood, and that Messrs. King must have known the danger, betause there 'vas a window in their counting-house commanding a view of -the yard where the work was chiefly conducted. , To this it was replied, that in a situation like that of Pudding-lane, Where, as stated by one of the wit nesses, there was scarcely 20 feet of solid earth, but nearly the whole space was occupied beneath the ground by vaults, the defendants had reasonable ground to surmise that they were near some cavity which their works might injure; and if Messrs. King were aware of the alterations in progress, they also mien fairly confide in the defendants for taking pro per measures to avert mischief from others. - The LORDCILIEF JUSTICE left it to the Jury to . say whether the defendants had not sufficient reason *from the circumstances to place them on their guard, as to their proceedings; because, if so, they were clearly liable for the damage which had arisen from' their want of care. The Jury found a verdict for the plaintiffs—the damages to be settled out of Court. MANSE AND ANOTHER V. SIR GREGORY PAGE • TURNER, BART. Mr. GEORGE stated, that this action was brought to recover a compensation for hoard, lodging, and other necessaties, provided by the plaintiffs, for the wife, child, and servants of the defendant.,. Mr. MA RRYA T detailed the circumstances_ of the came to the Jury. The action was brought by the executers of the late Mr. Crean, who kept the Star and Garter, at Richmond, to recover the amount of a bill due 3.0 them in consequ&ce of the residence of Lady Turner, her mother, child, and servants, from Jene ti}l November, in lait year, at that Inn. The , plaintiffs did not sue in the character of executors, because they were directed by the will of the testa.' . for to carry on the business for the benefit of his family, and the demand arose entirely after his de _ cease, Mrs. Crean, the veidow, acting as their agent in the management °Eche concern. After Lady Tur.." ner had been nine weeks at the house, a bill was pre sented so her, and forwarded by her desire to her husband, who made no objection to its amount, bat ' °wished to examine its items before discharging • Another bill had been sent to him at the departure eftsit.Lady, and he still made no question respecting —.iris - liability, though he had not paid.it. He Mr. itiarryat) was really at a loss to know what defence would be attempted by Sir Gregory. Mt. COMMON SZEIZA.NT, WhO appeared for the ~p , . . defendant, mid that his s l im t tn* no one but Mrs: Crean ; -to her he.had given a bill dr =hangs ) and to her he considered himself as liable. Mr. Ma RRYAT said, that he would shew clearly that Mrs. Crean had no interest; and as to the bill alluded to, which had been . given for pe4of the debt, it was payable five months after doe; AM had been sent back by Mrs. Crean, because the executors would. not receive it. The bill would be shewn to be reason able in all itiitems: to one or two of them, perhaps, the Baronet might successfully object , for ere were a few 'glasses Of brandy and water charged ls. 6d. each, being 6d. more than allowed by law. Attempts had been made to obtain payment; but the Baronet was not always very easily to be found by persons" , who came to demand money in payment of debts, and-would sometimes sit at a window and nod his head at them when they came to his door, as if to defy them because be was safe in his own house, which they dared not break open. He had therefore been arrested for the sum. The LORD CHIEF JUSTICE said these remarks were not very gracious after the candid manner in which the ground of defence had been communicated by the defendant's Cdunsel. The will of Mr. Crean was produced to shew that his executors were directed to carry on the business, and that no interest passed to his widow. A third executor was named, but he did not prove or interfere. Mr. COMMON SERJEANT objected that this executor, ought to have joined in the action. The LORD CHIEF JUSTICE agreed that if the action had been brought for a demand accruing to the plaintiffs as executors, the third ought to have joined, though he had not proved the will ; but here the claim was made by the plaintiffs in their own right, and therefore it was enough if those who acted as conductors of the trade sought to recover the debt. Mrs. Crean proved the length of time during which the family remained at the Star and Garter. No par ticular inquiries were pursued as to the items of the' bill, as it was agreed that they should be settled out of Court. She received the bill of Sir Gregory, but was obliged to return it to him, accompanied by a letter, explaining that it was at too long a date for the executors to receive.• • 'On this evidence, the LORD CHIEF JUSTICE thought there could be no doubt that the action %,/ ikS brought by the right parties ; and the defendant submitted to a verdict, the damages to be Ascertained by Mr. D. F. JONES. HILBERS 17. PETITPIERRE. This was an action on a contract, dated the 13th of December, 1821, by which the defendant agreed to deliver to the plaintiff 100 casks of tallow on the 31st of January, 1822, at 48s. per cwt. Previous to the time when the tallow was to be delivered, it rose to 51s. per cwt. in consequence of which the defendant refused to supply it. . Mr. Rayner, the broker who made the contract, was called to prove it. It appeared that be imme diately negotiated with Mr. Edward Petitpierre, the broker of the defendant, Who had several times be fore made contracts of this nature for him, which had been recognized and acted on by the defendant. On cross-examination, he stated that Mr. Hilbers had on, perhaps, Six occasions in the preceding six months received the differences in similar contracts instead of - the:tallow. Mr. Hilbers had bought up tallow very largely, and thus contributed to raise its price. 'Mr. CAMPBELL addressed the Jnry for the de fendant, contending, first, that- there was no suffi cient proof of Mr. Edward Petitpierre's authority to make the bargain; and secondly, that it was evi dently a mere wager on the price of tallow, in which nothing but the difference ever was intended to pass, abd *hick war therefore void in law.. It would be very hard if Mr. Hilbers Might thus take advantage of a rise in the price occasioned by his own acts to take money out of the pocket of the defendant, who had been a bankrupt, but was now again in business, and 'who, if the 'present action should succeed, would be brought to a second and irreparable ruin.' • The LORD CHIEF JUSTICE directed' the Jury, if they believed the contract to be by both parties un derstood as a mere wager, to find for the defendant, as iP would then be illegal. If they thought the • agency was riot established, they would also find for the defendant ; but if they considered the contract as made bowl fide, and by the authority of the defendant, they would give the plaintiff a verdict for the dif ference between the price specifies in the contract and that borne by the article at the end of the Ja nuary following —The Jury found a verdict for the plaintiff—Damages, £296 Bd. BALM B. SORRELL AND ANOTHER. The plaintiff declared upon a bill of exchange for £2009, with the common money counts. The case was this merchant, named Lewellyn, being desirous of shipping a cargo of goods to Con stantinople, applied to the plaintiff, a resident Greek merchant in this country, to advance money upon the credit of the proceeds, which the latter agreed to do, on condition that the cargo was consigned to his fa ther, a Greek merchant, having an establishment at Constantinople. Money was advanced on these terms, and the goods were consigned to Constantinople.— . Before they arrived - the plaintiff's father died, and on their arrival they were put into the Court of Chan celry at Constantinople, and under the authority of that Court, the defendants, brothers, merchants re siding in that city, were appointed consignees, with authority to sell the goods for account of the plain tiff's late father's representatives, and transmit the proceeds to England ; and accordingly they remitted a paper writing to the plaintiff, stating the proceed ings which had taken place at Constantinople with respect to the goods, and striking a balance of the proceeds, amounting to IE2OOO, which they prothised to pay the plaintiff 91 days after sight, unless a sum of 1:600, forming a portion of she prossieds, was otter wise paid by the parties interested. In the soatement thus written, the defendants professed to =mint with Theodore Ralli, the plaintiff's father, and not with 'the plaintiff, Eustatia Ralli. On this statement of the case, Mr. CAMPBELL, for the defendants, made two obr jections to the plaintiff's right to recover. 1. The paper declared upon as a bill of exchange was not an instrument for the payment of a sum certain, and at a time certain, butnpon a contingency, which might or might not happen, and therefore could not be' treated as a bill of exchange; according to the cus tom of merchaats. 2. The plaintiff could not recover *on the money counts, inasmuch as the defendants did not reins to account with the plaintiff, but with gave mon of the whole Court.—Nonsuited. TAILOR V. VAUX. This was an action on a polity of insurance upon the ship Huddart, at and frotn Quebec to her port of lading, or any other port or ports in the United King dom. The ship was lost by the perils of the sea. The Mate of the vessel deposed, that the Huddart had taken in her full cargo, and was preparing to sail from Quebec for this country, when, in the night between the 3d and 4th of September, she broke from her moorings, and went on shore on•the Diamond Rocks, where she bilged and went over, with her bot tomlowards the shore, and her masts towards the sea. Every means was used to get her off, but in vain. Witness remained at Quebec until November last ; she was still on the Rocks. A part of her cargo, consisting of timber and deals, was got out. Cap tain Appleton used every exertion to obtain another ship, and if he could would have freighted it, but he could not succeed. Cross-exatained.—At one time there were hopes of getting the vessel off; but had never heard Mr. Tay lor say that she was afterwards got off, or that he had since brought the cargo of the Huddart to Eng land. Was never present when Captain Appleton applied for another ship. The Cutup JUSTICE said, it appeared to him that here was a total loss of freight and aver age loss of cargo. The Jury were of the same opinion, and found for the plaintiff, damages 2001. subject to a reference to settle the average loss on the cargo. COURT OF COMMON PLEAS, NOVEMBER 1. COSTER V. J. W. D. MEREST, ESQ. Mr. Serjeant VAUGHAN stated, that this was an action to recover the amount of two bills of exchange of 5001. each, of which the plaintiff was the indorsee, for a valuabletonsideration. In a common case, it would be sufficient to prove the writing of the drawer, accepter, and indorser; but -as-it would be attempted to be shewn by the defendant that these bills had not fairly come into the possession of the plaintiff, he would at once, though not obliged by law to do so, prove the consideration given for these bills. The acceptance and presentment were admitted. Evidence was gone into for the purpose of proving the furnishing of goods by the plaintiff in 1821- to Hants, who applied to him to discount these bills of the defendant, and the prices charged for them, &c. Mr. Serjeant LENS, for the defendant, said it was clear from the plaintiff's evidence that these goods had not been fairly purchased by Hantz; but that he had been obliged to take them, or have his bills re fused to be discounted. In such a situation, it was more than probable that a price far above the real value had been set upon these goods. But perhaps something further might be gathered from the trans action, and that was that these transfers of goods had" nominally taken place, in order to enable the present plaintiff to maintain the action, though it was really for the interest of Hantz. Letters from Hantz to the defendant were then read, to sbew that the-defendant had entrusted him with the bills for the purpose of getting them dis counted. The defendant had never received any value for them. Lord Chief Justice DALLAS summed up the evi dence; and the Jury returned a verdict for the plain tiff—Damages 1,0001. MIDDLESEX SESSIONS. Yesterday a fellow named carter, a journeyman baker, was tried upon an indictment charging him with having committed an assault, with intent to ravish, upon a little girl, who had, at the time of the violence, just passed her tenth year. The unfortunate, child, who appeared to be a mere simpleton, stated that the prisoner had committed an assault upon her in the bakehouse of her father, in whose service pri soner was ; and she added that he had frequently com mitted the same offence before in the same place, and that she had never complained. The CHAIRMAN asked her why she complained on this occasion? to which she replied, that her brother, oho is 17 years old, saw her and the prisoner toga= ther in the bakehouse, through the window, and told her father. • The CHAIRMAN—Then, I euppose, if your brother had not seen you, you would not have said a word concerning it?-.The poor child said she would not. Mr. WALFORD, who was for the prosecution, said he of course was obliged to give up the case, as the consent, such as k was, had evidently been given. The Learned, Counsel observed, that the ruffian at the bar had escaped from the rope by the assistance of the two months, the period of ten years being that beyond which the law could not punish when con sent was gained. The CH...lnman, in addressing the Jury, said that this was one of those deplorable cases upon which the less that was said the better. They would be obliged, notwithstanding the indignation and horror which such conduct upon the part of the prisoner inspired, to acquit him.—Carter was then acquitted. DISAPPOINTED LOVE. A young man, named Thomas Wynne, was tried on an indictment charging him with having violently assaulted an interesting young girl, aged 15 peals, named Mary Jones. It appeared that the prisoner was an apprentice to Mr. Spring, plumber, to whom the young woman-I was servant. The poor girl was scarcely in her place, Rye nsinutes when the fellow began to make love to her. She did not think proper to give the encou ragement he desired, and suddenly his wanner be came tdtally changed. Blows, in fact, were-used instead of the tender tones with which he sad to assail her. He had used her three several times in a barbarous way, bit striking her when he caught her alone, but for the sake of peace she never complained, until he gave hes a desperate blow, about foue'or ElVe months ago t which did her such injury that she was obliged to tell her mother. The state of health to which she was reduced obliged her to quit her place, and she is likely to feel the effects of the blow perhaps as lehg as she lives. The -mistress of the girl gave her *the highest cha r ratter, and expressed a wish that she wti return again to her service. The - prisoner had stave been' discharged and his . - father and his repriseteteeves, tesiderit ' the e I;litetW at Constantinople. On thine grounds, he. submitted that the pliintiff must be called. The LORD Cuter JUSTICIII thought both °Wain* unanswerable, and therefore directed.a nonsuit, but gave .the plaintiff leave to move, and take the opi - • irdentoresiorn — by the Vfs_estratee, %it ed i picrje n d of his having struck his master. The defendant said he had endured a h*ap of of: fences from the prosecuttix—that she had often struck him with a poker, and used the most foul language towards hem. The CHAIRMAN left , the case to the ittrY, who im mediately found the defendant Guilty. The CrtatastAze sentenced him to imprisonment for two months, with permission to have a conversa. - don with the friends of the prosecutt ix. The rather of the defendant, who is wealthy-, was advised by the Counsel on the other side to settle the affair, and prevent his son from being sent to work in the tread-mill. • BIRTHS. • Oct. 44, at Addington Parsonage, the Lady of the Ray. Thor. Bowdlec, of a daughter, which survived but about half an boor. Sept. 23, at Naples, Mrs. Clifford, wife of Captain Clifford, commanding his Majesty's ship Euryalus, of a daughter. MARRIED. On Thursday last, the 31st Wr. at Kensington Church, by the Rev. Mr. Remelt, Captain David Rae Newall, of the Finn. East India Company's ship Scaleby Castle, to Charlotte Jannetta, only surviving daughter of the late James Falconer, Esq. of Bombay. Wednesday, at Norton, Radnorshire, Jelin Lucy Scudmrore, Esq. of Kentcburch Park, in that County, to Sarah [..tier, eldest daughter of Sir Harford Jones, Bart. of Boultibrook. Oct. 23, at Maidstone Church, Mr. Benjamin Sutton, milk. man, of the Bower, Maidstone, aged 64, to Mrs. Elizabeth I netcher, of the same place, aged 52, being the third time t'•e bridegroom, and the fourth time the bride, have entered into •he happy state of matrimony. Saturday se'nnight, at Jarrow, John Wetherell Hays, EN. Mayor of Durham, and Clerk of the Crown for that County Palatine, to Elizabeth, youngest daughter of the late Henry An derson, Esq. of Westoe. DIED. Sunday night, at Moor Park, near Kilworth, in the counts , of Cork, Stephen Earl of Mountcashe!. His Lordship was in his 53d year; he succeeded to his father, the first Earl of Mounteashel, in 1790, and is now succeeded by Viscount Kil worth, his first son. Ile has left four other sons, and two daugh ters. His illness was short ' and his death rather sudden : as express reached Cork on Sunday for medical aid, which &:i.l nut arrive at Moor Park till after the niMancholy even: had occurred. Oct. 25; at 1-I: , rdwick, Shropshire, Sir John Ey:11;ton Powell, Bart. who reikesented that county Parliatr.:nt 40 years, lea:. ing no issue : his title And estates devolve to his only hrlther, the Rev. E. Kynaston, Rector of Risby and Hornham, Suffolk. Oct. 17, Mr. James Pearson, Governor cf Searhornegh Spaw. Of fever, in Demerara, at the early age of 20, Christopher A. Lanauze, second son of Daniel Lanauze, Esq. of Dublin. Auguat 4, on his passage home from Calcutta, Capt. William Chivers, of the ship Ganges, in his 51st year. April last, at Trichinopoly, Frances, wife of Charles Higgig son, Esq. of the Company's Civil Service. Oct. 29. in Fludyer-street, Westminster, zt an advanced are, Richard Frewin, Esq. many years Chairman of the Boars! et Customs. Monday se'nnight, in Dublin, aged 24, Lady Ann Jocelyn, only sister of the Earl of Roden. The 10th tilt. Mrs. Agnes Beck, of Grey abbey, aced 104 yee-t. She lived in the same house in which she was married, and within fifty yards of where she was born, until she died. Tuesday, in Boswell. court, Richard Wooddeson, Esq. Bendier of the Middle Temple, Fellow of Magdaleit College, and a Commissioner of Bankrupts. Oct. 10, at Rosemount, near Perth, John Lairg, DI. !ate of Fortis, Demerara, aged 66. NEIVGATE ANTI LrAirNIIALL M A ILK ETS, :Co'r. l. (By the Carcase.) Beef Is 4 , 1 to 21 6J I Veal .........2s 0,1 to 7s 61 Mutton Is 81 to 2s 4i Pork Sti to 3s Cl Lamb ci od to 26 sd._ PRICES OP ITAY ASI) STRAW YESTERDAY. ST. JAMES'S. M tilTC.tai.l ^EL• Thy 31 Os Od to 41 4s od Hags.. M 10s to 41 (s Straw illos Od. to L'l os Od Straw 11 12; to 11 15s el Clover 31 Ss Od to 41 4s Od Clover 31 13s to 41 us ,1 PRICE a HOPS. NEW SACS. NEW POCCITS. Kent Sosset 2l Os to 21 103 c Sussex 2l Os to 21 191 Essex '2l 4s to 31 6' Essex Foreign ... 01 Os to 01 04 Vantharii .: GI Os to :I '74 PRICE OF LEATRER. Butts, 50 to 561bs each 231 to 2-11 per lb Ditto, 56 to 661bs each °sd to 26d Dressing Hides 18d to 19/ Fine Ceach Hides Crop Hides, 35 to 401h+ for cutting 19} to OM Ditto 45 to .5016 s 201 to %a Calf Skins, 30 to 401bs 0 1d to 28d Ditto 50 to 701bs 0 61 to sed Ditto 70 to 8011ss • 25d to 17d Small Seals (Greenland) 181 to sod Large ditto __ 17d to led _._ . __ Tanned Hone Hides l6d to 1811 Spanish Horse Hides 19d to 27d RAW HMRS. Best Heifers and Steers (per Oidinary... 2s 8d to 2s :e1 stone) 3s 4d to 33 6d Market Calf lOs Od to Os 0.1 Middlings ss Od to 3s 21 Eng. Horse Os od to Os 0,1 PRICE or TALLOW, SOAP, &e. per 1121 b. Town Tallow 47s Od Ditto rough Yellow Russia ... ..... 49s Od Yellow Soap White ditto Soap ditto Melting Stuff 37s Od l'alm . . • Os PRICE OF CANDLES—From Tallow Chandlers' Hall. Candles, per doz. 9s Od—Moukls, lOs 6d; 6d. per dozen allowed for ready money. COAL-MARKET, NOVEMBER 1. Barden 4is 6d—Ci-ariotte 42s 3(l—Co:lodge 451 sd—T^ 4 Primrose 45s—Rarsdon 41s—Heaton 45s 6d—Hebburn Main 45s—Killingworth 44sPelaw Main 44s—Wallsend Bcll and Co.'s 455---Wallsend liewicke 45s—Wallsend Brown's 44s Wallsend Green 425. 6d—Wallsend Northumerlind 44s 34V Wallsend Riddell's 43s 6d—Walhend Russtll 46s 61—Ntsi'Hus ton 44s 6d—Cowpen 40s—Hartley 40$ 6d—Elen Main 431.-- Hedvrortis Main 42.—Larnbton Primrose 45s—Ncsham Main PCs 6d. a 44s—Wallsend Liddell's 41s—Wallsend Stewart 47s 6d. 45 Ships at Market; 36i Ships sold; 4h Unsold. - - COUNTRY MARKETS. Oxsoaa, 26.—Wheat 4s. 11d. a bushel. The price of a half peck loaf (household) is. id. BANBURY, Ocr. 51.—Wheat, 29. 6d. to 53. 6d—llcAns 2.5. 3d. to 3. Bd.—Vetches, Os Od per busheL—Barley, ISt to 211. Oats, 16s Od to 28. Od per quarter—Bread, is Od half peck and smaller in proportion. Flour 209. to 445. per sack. Umsamor, OCT. 31.—New Wheat per load, £lO Os toil 3 18s. Wheat, £7 to ,Ell 101—Barley, per quarter, 22s to =">— `, lts to 501—Beans, 27. to 30s.—Peas, 28s to 335. NEWSDAY, Burs, OCT. St.—Wheat, 26s to 50s Darin% tls to 31s--Oats, 16s to 28s.—Beans, 28 to 344--Pea3, 96 t . to 51s. —Bye, Os to os.—Bread, Wed to Lit/Opts 9alloo. i d AILS. A mi. nu it. Dublin - 1 0 Waterford - 0 9 Guernsey and Jitney • 0 Lisbon 0 0 Holland 0 0 Leeward Islands 0 0 &is. sus. France I I liambursl 0 0 Flanders 0 Malta 0 0 Gottenburgh 0 0 0 I Jamaica HiGH-WATSRat LONDON BRIDGZ TO-MOR NO' Morning . - - 3$ minutes der 4 Afternoon 59. minutes Otter 4 _ - LAN y r i nt o snd published by Livia hart, giolistir .• p 1 . 0t 4 TerNee. 23, a . -