Star. — London, England, 1821-11-22 00:00:00

better opportunity than the present could occur, and . therefore she could see his brother no more. He (Mr. Pearson) should have observed, that this Gen tleman, when in America, bad promised Mrs. Caney a settlement of £IOO a-year for life, but had after wards totally forgotten to carry that promise into effect. His brother now gave her £IOO, directing her to break up her establishment, and pay any demands, against her out of it : by the time she had done this, but little was left for her own use. Thus deserted, she again retired to humble lodgings, and endeavoured to obtain a subsistence by needle-work. Sickness, brought on by anxiety, soon followed, and all which remained of her little stock of cash was consumed.— At this period, having friends in Dublin, she deter mined to get, if possible, to that city, and implore their aid ; and a female friend, Mary Ann Evans, unwilling to desert her in her distress, offered to ac company her. The offer was accepted, and they pro ceeded to Liverpool. Here indisposition increased upon her; she was obliged to stop, and the expenses of sickness soon exhausted all her resources, and left her destitute. In this situation no course was left for her adoption, but to endeavour to get back to Lon don ; and in her progress on that journey she arrived, accompanied by her friend, on the 9th of August last, at a village in the neighbourhood of the resi dence of that individual who had caused all her dis tress. She stopt at a small Inn in the village. He (Mr. Pearson) did notlear having it now charged against him, that he was the advocate of immorality and guilt ; he did considet thai.lliis unfortunate wo man, who, for three years and upwards, had resided with this opulent individual as his wife—who had been followed by him to America, and there tempted from her friends and a comfortable asylum, was en-. titled to some consideration at his hands, and to such aid as would keep her from starving. On her arrival at the Inn in question, having no means of support left, she determined to write to him ; but in doing this, she acted with the greatest delicacy and caution.. The letter having been written, she gave it to Miss Evans, to be by her delivered into the hands of the individual in question. Miss Evans undertook so to deliver it ; but on its being tendered to him, he said he knew who it came from, and would not receive it. Oa this refusal, Mrs. Carrey determined to try per sonally to get it delivered into his hands; she went within a short distance of the house, and then sent a little girl with the letter t it was tendered to the ser vant, but rejected, and brought back to the unfortu nate, deserted woman, who, with her friend Miss Evans, thus repulsed, were retiring, when the valet of the Gentleman came to them, and inquired if it was either of them who had sent the letter ? On being answered in the affirmative, he said his master did not know them, and if they did nut quit the place he would send some one to remove them. They re- . tired to a Church-yard hard by, but were soon driven from thence by a second messenger, and returned to their Inn. This was on Saturday. They remained there du, ing the night, and next day (Sunday) Mrs. Carrey determined to renew her application in person. She accordingly, accompanied by her friend, set out on Sunday morning on her way to his house. They were met by him on horseback; he saw them, but pusLel furiously by without noticing , though he afterwards looked back at them several times. They watched his return, and followed him to the house, but could not obtain any interview with him ; and were told by his valet that his master knew nothing of them, but olyerved, that he (the valet) would take care of theirs ; and, to be as good as his word, he went to the constable of the village, a butcher, who came to the place where these two unprotected fe males were, and apprehended them as vagrants; at the same time telling them they bad better make no resistance or he should handcuff them ; at the same time producing the handcuffs. Alter they had been in custody of this man for a short time, they were delivered by him over to another man, and taken, by the constable's direction, to Baker's Cottage, a miser able hovel, in which it was usual to lodge vagrants previously to taking them before a Magistrate. Here they remained sitting up in their cloaths through the whole of Sunday night. The circumstance having become a subject of conversation in the neighbour hood, a farmer humanely went on the Monday morn ing to Baker's Co:tage, and exerted himself to obtain permission that these unfortunate young women (one in a state of extreme ill health) might go again to their Inn, till the question as to their detention was decided. He succeeded, and they went to the Inn ; but the valet again appeared, and inquired how it was that his master's prisoners were at liberty ? de siring they should be taken back again to Baker's Cottage, which was accordingly done. They were kept there that night also, and next morning (Tues day) were informed they would be takeu before a Magistrate. At four o'clock in the afternoon the Ma gistrate first made his appearance; but his first ad dress proved that was not the first knowledge lie had of the case. He asked, are you both prisoners? and was told only Mrs. Carrey was a prisoner, though the other was detained. Mrs. Carrey was taken apart, and examined. Mrs. Carrey declared that she had not been begging, and was no vagrant, and told the Magistrate all the circumstances of the case. The Magistrate answered, that he kad had an interview with the Gentleman, who declared them to be impostors.— It was, therefore, clear, Mr. Pearson observed, that the Magistrate had he ld some previous communica tion with the Gentleman on the subject. Mrs. Carrey then produced the letters set forth in the affidavits, and desired he would read them to the Gentleman, and see if he would deny them to be his handwriting. The Magistrate said he would, and left her to go to the Gentleman, as she supposed, for that purpose; but before he left the room, she observed that he had a conference with the constable, and after he was gone, the latter said to her she had better consent to go away, and he would give her £2; that she ought to be much obliged to him, as £1 of the money would come out of his pocket. She declined ac ceding to this proposition, and the Magistrate soon after returned. He asked Mrs. Carrey if she would accept the offer made by the countable? and on her declaring she would not, he said he could riot stop then to finish the examination, as the Gentleman's dinner hour had arrived, and that she and her com panion must be taken again next day over to the Ma. gistrate's house, a distance of eight miles. They were accordingly kept a third night at Baker's Cottage, and next day taken in an open cart, over rough and rugged roads, to the Magistrate's home. Mrs. Car. rey, owing to her ill state of health, suffering vai .severely, and her person being much bruised by the shaking of the cart. On arriving at the Magistrate's the examination was resumed, and they were asked whether they would be committed to prison for hard labour or for trial? They immediately desired to be committed for trial ; but the Magistrate then declared they should be committed for hard labour, and if they did not labour, be flogged, as they persisted in refusing the constable's offer. The warrant was ac cordingly made out, committing them as vagrants to the House of Correction for two months. This com mitment took place on the 15th of August, and they continued in prison till the Gth of October. Oa that day, upwards of a week before the two months had expired, the Magistrate who committed them came, and ordered that they should be released, and they were released accordingly. It was not for him (Mr. Pearson) to say what motives operated in the mind of the Magistrate to induce him to act thus; but one circumstance he must mention—that was, that the Grand Jury were then about to assemble at. the county town, and that might have some influence with these parties to shorten the imprisonment of these unfortunate women. On the whole, he could not but consider the circumstances attending this case as immoral, cruel, and illegal in the highest de gree. He had stated them, without comment, as de• tailed in their affidavits to their Lordships, and upon them he founded his present application. The Coon' said, there was sufficient in the affida vits to reach four of the individuals, namely, the master, the valet, the Magistrate, and the constable. The fifth person, who they supposed, was the indivi dual to whom the constable delivered the women to have them conveyed to Baker's Cottage, did not ap pear to have such knowledge as implicated him suf ficiently in the transaction to render him liable to the Rule. It would be necessary also, that the Magis trate should have notice, and under these regulations the Rule to shew cause was granted. THE EARL OF JERSEY V. DEAN. This cause was ordered by his Honour the Vice- CHANCEL con, for the purpose of taking the judgment of the Court upon the legal operations of a fine passed by the Earl and Countess of Jersey. The question appeared to be, whether this fine occasioned the for feiture of an estate conveyed to Lady Jersey in her marriage settlement? Mr. LYNCH, on a former day, was heard in behalf, of the noble plaintiff, when he contended, upon va rious decisions, that the estate in question could not be divested by the act of his client. Mr. Coore, this day argued that the fine operated as a forfeiture of the estate. The LORD CIIIEF JUSTICE, after Mr. Lynch had been heard in reply, intimated that the Judges would take time to consider their judgment. lie observed, at the same time, that the case had been well argued on both sides, and much to the benefit of the clients. DDE ON DEMISE OF COLE Z!. JOHN FITZGERALD, ESQ. This was au action of ejectment, sent by the VICE• CHANCELLOR, to recover possession of certain pre mises in the parish of Romsey, in the county of Hants. It appeared that John Fitzgerald, Esq. deceased, was seized in fee of the premises in question. They consisted of two old dwelling-houses, known by the name of Beauchamp, fronting the turnpike-road in Romsey; two cottages to the west, and four other cottages fronting Love-lane, with other premises.— In 1810 the two cottages were pulled down, and in August, ISI2, Mr. Fitzgerald began to build a new dwelling•house on the scite of the two cottages. On the 17th of November, 1812, be made his will, and devised as follows : 1 give and devise my dwell ing-house and premises at Romsey unto Elizabeth Cole, of Romsey, for and during her natural life, and after her death I give and devise the said dwelling house, garden, and premises, to her son, George Fitz gerald Cole, now an infant, who was baptized in the parish of St. Giles in•the Fields, in the county of Middlesex, to hold the same premises to the use of himself and heirs for ever ; but in case the said Geo. Fitzgerald Cole shall depart this life under age, and without issue, I direct the said dwelling-house, gar den, and premises shall become a part of the residue of my estate and effects: The testator also gave Mrs. Cole all his furniture and effects. llis estates at IVexford and Waterford, in Ireland, he gave to John Turner and John Purcell, his heirs. Mrs. Cole had cohabited many years with the testator, and George Fitzgerald Cole was her son by the testator, who died without revoking his will. Before his death he • moved out of the old dwelling-house, called Beau ' champ, to the new house he had built upon the scite of the two cottages, and the question was raised, whether the devisee took the whole of the testator's property at Romsey under the words house, garden, and remises, used in the will? Or only a part thereof, consisting of the old dwelling-house, and ground adjoining, without the new house, cottages, and other premises. The question came in the shape of a special case before the Court. Mr. DENMAN, as Counsel for Mrs. Cole, contended that the whole of the testator's property at Romsey passed under this devise, and that it was his intention to give her all his property at Romsey. Mr. ADAM, on the other side, argued that the lessor of the plaintiff was not entitled under the will to pos sess the new house and cottages,which were to be con sidered re.iduary property. The Coua? were clearly of opinion that all the testaior's property at Romsey passed'under this devise, and gave judgment for Mrs. Cole, who will conse quently be admitted to possession of the whole estate. THE KING V. THE REV. R. BLACOW. Mr. 13ROUGHAM moved the judgment of the Court upon this defendant, for a libel upon her late Ma jesty.—He immediately appeared upon the floor; but Mr. Justice HOLROYD being obliged to leave the Court to attend Chambers, at two o'clock, the case was ordered to stand over to a future day. COURT OF COMMON PLEAS, NOVEMBER el. Mr. Serjeant LENS, in the case of Davis and others, assignees of Bourchier against Henley, moved for a Rule to shew cause why the warrant of attorney ob tained in the action should not be set aside, it having been obtained under the following circumstances:— A person named John Hopwood repaired to Paris, and had an interview with the defendant in the ac tion, who resided in the Italian Boulevards : he told him that the object of his visit was to execute a war rant, which the Marshal of the King's Bench had ob tained from Lord Castlereagh, and which required that the French police should immediately bring over the individual, unless he executed to the said Hopwood a warrantor attorney in the partidular ac tion upon which he applied to him. The Gentleman becoming alarmed at this order of Lord Castlereagh, complied with the demand, and when Hopwood put the warrant of attorney in his pocket, he then said, .he was sorry to inform him that the other action pending must also be settled, and that no settlement but cash would answer for it: he added, that if this were not done, the French police must be immedi ately called in to execute Lord Castlereagh's order. The Gentleman • becoming again frightened at this formidable threat, delivered up his gold chronometer and chain and seals, worth above £lOO, and £lOO in cash, to Hopwood, who, after declaring he was satis fied, observed, that if his terms had not been com plied with, the gens d'armes were without, ready to be called in to aid the execution of the warrant. The Rule to shew cause was granted. INSOLVENT COURT, DUBLIN, NOVEMBER 9. IREDERICK EDWARD JONES, ESQ. AN INSOLVENT. . _ This unhappy Gentleman, who can trace hil lineage to many generations back—who, when he entered upon life, had an estate of 1:2500 a-year, and £lO,OOO in the Bank of Ireland—who had been the munifi cent and liberal caterer of public amusements for the last twenty years—who had raised the character of the Drama, and had been the patron of merit, and founder of the fame and fortunes of all the performers who have figured upon our stage during several years past, was this day brought up in the humble charac ter of an insolvent. There was no opposition, and the Learned Commissioner (Mr. BUR rtowEs), in ordering his discharge, observed, with much feeling, that Mr. Jones's case was indeed one of great magnitude, and of extreme peculiarity ; but at the same time it was one to which he felt himself justified in extending the merciful jurisdiction of the Court. 'faking into consideration who Mr. Jones was—the peculiar na ture of his transactions with the Public—and the calamities thereby brought on himself and his fa mily—he (the Commissioner) felt much pleasure in affording to Mr. Jones a protection to his person. He had certainly come before the Court with a load of debt, which, in ordinary cases, would cause him to hesitate; but aware that his present un happy situation was brought about by causes of which he could have had no foresight, and over which he could have no controul, he (Mr. BtiunowEs) was happy in having it in his power to extend to him the full benefit of the Act. Mr. Jones, after stating that he had, four years ago, voluntarily, and without any solicitation from his cre ditors, vested the whole of his property in the hands of trustees, respectfully bowed to the Court and wiih drew,receiving the gratulations of his friends in Court. - 4 THE EVENING STAR. LONDON. THURSDAY, NOVEMBER 22, IS2I. THE FUNDS. STOCK EXCHANGE, ONE O'CLOCK. As the Account approaches, the confidence of the speculators for a fall appears visibly to decline, and their efforts against the natural tendency of the Funds to attain a higher price, are made with all the feeble ness of disappointment and despondency. Their views and expectations must have been greatly dis concerted by the astonishing firmness which the market has displayed, beneath the pressure of a weight of Stock which has been thrown upon it, to raise money for the purpose of affording immediate assistance to the house whose reported failure we noticed yesterday. No less a sum than £t:50,000 has, we understand, been remitted to it in the course of this week, which has all been raised by the sale of Stock, and yet the price is the same and the appearance better to-day than it has been for several days past. The principal business now doing is that of making up the Ac counts; a few days will terminate the contest, and prove which of the parties have entertained the most correct views of the nature of British Public Credit.— Current Prices : Bank Stock 239-3 per Cent. Reduced 77 IA $/8 3 per Cent. Cons. 78'/s 78-3 t,!_, per Cent. 88 4 per Ct. 96% 7s —.5 per Ct. Navy Ans. 110% 7 / 8 Bank Long Annuities 19 9-16 1 / 2 , India Bonds 68s. 665.--New Annuities 78 77% 3 per Cent. 1751 78 Excheq. Bills 2s. pre. par, Is. prem. Ditto (Small) 3s. pr. par, 2s. prem. Cons. for Acct. 78%. New York Papers arrived this morning to the 27th, and Boston Papers to the 28th ult. They are en tirely silent as to the capture of Lima, nor do they contain any South American intelligence of im• portance. The following are extracts : NEW YORK, OCTOBER 26. HEALTH or ' NORFOLK.—The Norfolk Board of Health has issued a Proclamation, dated the 22d just, assuring the Public that they may renew their inter course with the town without the least danger. There had been no attack of malignant fever later than the 13th instant. HEALTH OF ALEXANDRIA.—The Mayor of Alex andria announces—That one case of malignant fever had been reported within the 24. hours, ending on the 21st instant. HEALTH OF BALTIMORE.—The Baltimore Board of Health informs the Public, that owing to the se vere frosts on the nights of the 17th, 18th, 19th, and 20th inst. the malignantfever has entirely disappeared. No deaths having occurred from it since the 18th inst. they advise all persons to return to their homes. The daily reports are to be discontinued. BOSTON, OCTOBER tn. A letter from Pensacola, dated Sept. 22, says— " Captain Ferrand, from New Orleans, states, that the St. Stephen, Jones, and Washington, Wayne, of New Orleans, and the Bright Plwebus, of this place, were log in the storm of Sunday last. Capt. F. 'ports, that all on beard the Washington pe r i s t ed, on board the St. Stephen and Bright Plicenis no Grp were lost." MONTREAL, OCTOBER. 20. We understand that the survey requi te d b y the% article of the Treaty of Ghent, has been completei last season, by the Commission superintended by 1/, Bazley ; that the Commissioners of both Nt i o ; agreed to meet at Utica on the 23d ult. for the purpose of comparing the results of their mire operations, but that our Commissioner h a i ls taiim sick, their rendezvous was shifted to Ne w where it has produced nothing decisive of titeb oi4 dary line, which must therefore be submitted tot 4 arbitration of some friendly Sovereign. The Washington City Gazette supposes the among of claims presented to the Commissioners on Spa n 4 Spoliations, to be 15,000,000 dollars, and that it hardly possible 5,000,000 dollars: can pay the pf_. cipal of actual losses embraced by the Treaty: whole number of memorials already presented e.. ceeds 500. BtRLINGTON, OCTOBER 5. LUMBER Tit ine.—Since the prohilkion of A rr ., . rican lumber in the Canadian market, many ri adventurous Gentlemen arc very wisely turnin g t he„ attention to the southern hone market. Several tracts, we understand, have already been entered for plank, and we anticipate that many more speedily be made. Quebec Gazettes to the 19th of October have r. rived. They present a deplorable pict;i7e of cultural distress in both the Canadas. The of all demand for wheat had compelled seven farmers in Montreal to send bay, oats, and vei.tetabk, in boats down the river, for the chance of at Quebec. In some of the parishes of Murata; which formerly sold great quantities of wheat Forer portation, farms, partly cleared, with a I.z.houu and barn, had been sold ut Sheriff: sales fcr lessen: the usual law expenses incurred to effect the wit One immediate consequence of this state of di,tress was expected to be the compelling the farmers tom sort to family manufactures.for their supply of ckith• ing, as they must otherwise soon be without the means of protecting their bodies against the incle mency of the seasons. They were able to purchase few articles with the price obtained for the small quantity of agricultural produce required for the consumption of the towns, and even this power was expected shortly to fail them, by such a furtkerdiroi. nution in the value of produce, as would leave little beyond the cost incurred in bringing it to market. By intelligence from Bermuda, received at Quebec via Halifax, it appears that the persons imprisoned by Governor Lusetev had been released, and it vas reported that orders for his recal had been brought out by the packet from England. Some of the Churchwardens that had been in jail bad sailed fa England, in order to obtain redress. Although the report of the capture of Lima has not received that positive confirmation which by this time might have been expected, yet there is little reason to doubt the fact. By the courier, anirtit Jersey, letters dated the 28th of September, lute been received from Rio de Janeiro, which state that intelligence had reached that place of the fall of Lima, but this cannot be received as entirely ca. firmatory, since it may be only an echo of the* count published at Buenos Ayres. The account d the capture of Lima \vas originally communicatedi a letter from Santiago, of the 13th of August, ad the only cause for doubting the fact would be its dt , pending on the single information of the mochas at Santiago, who dispatched the messenger, GAMES to Buenos Ayres, and who might by possibility base been deceived. We incline, however, to put crea in the intelligence, and find our opinion strengthend by some movements in the mercantile world, where it is intimated that establishments are already forming for the Capital of Peru. The journey of GAMES from Santiago to Buenos Ayres, which was effected twenty days, was performed with extraordinary ale rity for the season. Gibraltar Papers to the Ist instant have bees*" ceived. They contain the following intelligence= GIBRALTAR, OCTOBER oto We are sorry to find that the accounts front Ms laga are still less datisfactory than those recentlyre• cetved of the state of the public health at Cadiz. The sickness is reported to be fast spreading its ra• vares over the town. Deaths, of the yellow fever, at Port St. t ar' , ' from the 21st to the 22d October, 22. Cases on the last-mentioned day, 535. Deaths, of the yellow fever, at Xeres, also fro the 21st to the 23d, six. Cases on the last- 101 ' tioned day, 28. Deaths, of the yellow fever, at San Lucar ileBV rameda, on the 21st and 22d, three. Cases en the last-mentioned day, two ; besides two doubtful. From Lebrija no later accounts than those alkoill published. NOVEMBER 1. Accounts from Malaga, dated October e 8 0 1 that the fever has broken out there with incre 2 7 vigour, and that at present there are no hopes (IT / being got under. Trade continues, of course, 0 111 ", pletely at a stand. A printed return of the sick esa deaths in the Lazaret, on the 27th, states the usb of the former to amount to 24 only, and that 0 17 latter to three. According to the same paper, !b ge . were at that date but five suspicious cases in Mai The daily deaths at Tortosa on the first ten 'W s of October were from 60 to 70; and the totals!' ber of victims to the 27th of the preceding raw had amounted to 7,000. too Oft the of Mi La an ] av 1 Tel 2111 Pr be: