Star. — London, England, 1821-11-05 00:00:00

DIRGE FOR MUNGO PARK. FROM" THE NEW MONTHLY MAGAZINE." Atz—Bousseatis Dream. Hope no more, in peace he aleepeth, All his pains and toils are o'er; 'Tis thine eye alone that weepoth— His is clos'd, to ope no more ! He bath gain'd that unknown river, He bath found a hero's grave; There his head, in peace, for ever Rests beneath the dashing wave! We, like him, our barks are guiding Swiftly to an unknown shore; Here we know is no abiding— There is rest for evermore! PILOT through this mighty ocean, Loan of earth, and air, and sea, THOU canst still the wild wave's motion — AU our hopes are lied on vim! - - NORTH AMERICAN EXPEDITION. MONTREAL, AUGUST 25. A letter has been received from a person belonging to the Expedition under Captain Franklin, across the continent of North America, dated in June last, on the borders of the barren ground, only fifteen miles from Hearns River, in about 64, north latitude, and 110, west long. from Greenwich : all the members of the company were in good health and spirits ; and had passed a very agreeable winter, living on the flesh of rein deers ; whic h animal abounds in those regions, and passed the encampment of the party in immense droves. The encampment was made in September last, when further progress became im practicable ; the party consisted of Captain Franklin and two or three Naval Officers, one seaman, nine teen Canadian voyageurs, and seventeen Indians; making in all forty persons: they were to commence, during June, their passage down Ilearns River. The yellow fever was brought to Marseilles by a Danish brig called the Nisalino. This brig put into Fomague to perform quarantine with the dead body of a sailor on board. This unfortunate man having been attacked by the yellow fever, was, according to the report of the physicians, most inhumanly left to himself in the hold. After death, the body was al lowed to remain amidst filth and putridity for several days. On the 15th of September, an Austrian brig from Cyprus unluckily anchored to the leewardaa the Nisalino. The hold being opened for the removal of the dead body, the noxious effluvia was carried by the wind on board the Austrian vessel. The Captain• of the Austrian brig and two seamen were immedi ately taken ill, and being removed to the Lazaretto of Marseilles, died there two days after. ATTEMPT To MUnDEß.—Wednesday morning, be tween the hours of one and two, a most inhuman and monstrous attempt at murder was perpetrated by a villain named Patrick Fitzgerald, on the body of his own wife, who was in the last stage of pregnancy. The particulars of the horrid attempt ate of the fol lowing atrocious nature :—The unlOrtunate victim is an intetesting girl, about seventeen years of age, and at the age of fourteen wax married to her inhuman husband, who is a fellow of the most ferocious ap pearance, and standing nearly six feet high, about forty years of age. A few days after the marriage was solemnized, the monster deset:ed her, and the unhappy girl was sheltered at the habitation of her aged parents. The viilaln, after six months absence, returned, and plundered her• of everything she pos sessed, but again absconded, and came borne at inter vals and used her in like manner. Tuesday night he went to the house of the poor girl's father, in An gel and Porter-court, Golden-lane, St. Luke's, where she resided, after being away from her eight month. On his entering the room in which were the aged fa ther and mother, and his unhappy wife, who had only a fe•.v days to go to her accouchement, his extra ordinary conduct excited the alarm .of her mother, who observed him glance a look of terror at her un fortunate daughter; and in order to reconcile his anger, she took hint to a public-house, and treated him With some beer, and kept hint in conversation till twelve o'clock at night. It was then agreed be tween them, to prevent quarrelling, that the mother and daughter should sleep together in one bet, and he and his father-in-law should sleep in another. After the poor woman had got him to accede to the proposal, she took him back to the house, gratified at her success, and left him and his wife in the room on the ground-floor, whilst she ws•ent up stairs to pre pare the beds. She had not been up stairs long be fore she beard the cry of " Murder!" and the shrieks of her daughter ; the poor old (mature ran down stairs into the room, when she observed the unhappy girl lying on the floor weltering in her blood; the in human monster was kneeling on her stomach, with a knife in his hand. The old woman attempted to release her daughter from his vengeance, on which the villain stabbed her in the arm, and also attempted to cut her throat. By this time the neighbourhood was all in an uproar, and the watchman broke into the house, but the murderous villain made his escape backwards. The unhappy girl was put to bed, and a surgeon was sent for, when an extensive wound was found at the back part of her bead, and also a deep wound in the forehead. The poor creature, as well as she was able, stated, that as soon as her mo ther had gone up stairs, the monster began to break open her trunk, in which was all her baby-linen; she endeavoured to prevent him, when he knocked her down with the instrument he broke open the trunk with, and then placed both his knees on her stomach, and stabbed her in the forehead with a knife he took from his pocket. Information of the horrid affair was given at Worship-street Police Office, and Garton and Hanley, two active officers, are in pursuit of the mon ster, who, we sincerely hope, will be speedily brought to condign punishment. The poor girl was yester day expected to breathe her last. Music A L KALEIDOSCOEE.—A very curious invention has been made in the art of musical composition. Cards are prepared, on each of which a bar of an air is ar ranged according to a certain rhythm and key. Four packs of these cards, marked A B C and D, are mingled together ; and, as the cards are drawn and arranged before a performer in the order of that series, it will be found an original air is obtained. The cards hitherto made are as waltzes, and suCteed perfectly. The inven tion may be called mattical permutation. It has received however, improperly, that of the musical kaleidoscope. LAW . IVITtLIGENti • COURT OF CHANCERY, NOVEMBER 3. Mr. HEALD moved to - commit M'Dougal to the Fleet, for refusing to pay the rent of his premises, in the parish of St. Giles, to J. Dodd, Esq. the Re ceiver appointed by the Court. There were, he said, a number of houses in St. Giles's, which were the property of an infant. His father had left him the principal part of his estates by will ; but wth re spect to these houses he had omitted to do so, and he took them by descent as his heir. The tenants ima ' gined that this infant was not legitimate, and them selves acquired the character of owners. This notion had, some time since, made it necessary to move to commit M'Dougal, who, however, submitted to pay his rent on receiving a sum of money he had ex pended for r epairs, an account of which repairs he was to deliver to the Receiver. Subsequent to this, a similar application had been made against another tenant, named Perry, and he was ordered by the Vice-Chancellor to stand committed ; but it being the practice that the warrant for his commitment' should be signed by the Lord Chancellor, the order I for issuing it had been left at his Lordship's house previous to his leaving town ; his Lordship consider ing that the order required some explanation, had returned the warrant without 'signing it. The con sequence of this has been, that all the tenants, who u n questionably would have submitted if Perry had been sent. to the Fleet, were now convinced they could set the Court xt defiance, and become their own landlords. Among the rest, M'Dongal refused, to obey the order he had before consented to ; he would neither pay his rent nor give in the account' of his repairs; the Receiver had, therefore, been obliged to apply to his Lordship, to request, that by committing Mr. M'llougal to prison, he would con vince him, that he was not, by his own mere aft of authority, to convert himself from the tenant of his house into its owner. The LORD CltA NCFLLOR observed, that the tenants were extremely rniAaken in the notion they had formed of their own rights. It was far from the wish of the Court by commitment to compel them to pay their rent, but it would be necessar y to enforce the payment if they persevered in their resistance. His Lordship said, he had felt some difficulty with re gard to the language of the former order. He thought it had gone rather further than it should have done : if the order was handed to him he would set the matter right. Mr. HEAl.D.—These tenants all think they are now quite safe. COURT OF KING'S BENCH, NOVEMBER 5. MURRAY V. ELLISTON. In this case, which was struck out of the paper yesterday in consequence of the absence of the Counsel, the plaintiff's Solicitor applied this morning to have the cause resto: ed to the paper, on a suggest:on that the Learned Counsel was out of town. The case involved the right of the defendant to represent one of Lord Byron 's Tragedies on the boards of Drury lane Theatre. The Court said, that the cause having been called on in its turn, and no person appearing in behalf of the plaintiff, it had been struck out of the paper. 1f the plaintiff wished it to be restored, it must be the subject of a special application in Term. DQE, ON TILE DEMISE OF 111 E EARL CF SIIIIEWiBURY, v. PATTEN. This was an action of ei, , ettnent to recover the pos session of certain land in tl:e parish of Aittm, in the county of StalforO, demised to the defendant upon leise. At the trial before Mr. Justice Best, at the Staffordshire Spring Assizes, is a verdict was found fur the lessor of the plah:tiff ; subject to the opinion of this Court upoa a special cave. The case involved a question of considerable importance as to the construction of the leasing powers granted to 'Lord Talbot, the ancestor of the lessor of the plain under an Act of Parliament passed in the 6th Geo. L for settling the family estates of the Talbot family. In point of pecuniary value, there was an income of several thousands of ',funds per annum, depending upon the decision. The object of this ejectment was to make void one of a great number of leases, granted to the tenants of the Earl of Shrews bury, on the ground that it was in contravention of the leasing powers vested by the Statute abovemen- Coned. It was said to be the policy of that Statute to provide suitable means for maintaining the dignity of the Shrewsbury peerage and the Talbot family in perpetuity. One of the points taken, therefore, was, that by the legal operation of the lease in question this object would be defeated by the manner in which the rent was reserved, for it might so happen that during part of the term demised, the persons in re mainder enjoying the title of Earl of Shrewsbury, 'would have no means of supporting the dignity of his station in consequence of the improvident terms in which the lease was granted. The lease in question was granted to Thomas Patten for 99 years. or three lives, at a rent of £5O per annum, pavahle in half yearly payments, at Lady-day and Michaelmas -day, the first payment to be made on the 25th of March next after the date of the . lease, which date was the 6th of January. By this stipulation the tenant would have to pay the first quarter's rent for an occupation of only two months and nineteen days, and during 'the last year of the lease, which would expire on the 6th of January in that year, there would be a period of four months and seven days during whiclyno rent whatever would be payable. This, it was contended, was such an exercise of the leasing powers, as was in contravention of the policy of the Act of Settlement referred to, for during that interval the then Earl of Shrewsbury would be totally destitute of means to support his dignity. The objection, therefore, in point of law, was, that there was rent reserved during the continuance of the lease. The power given in the Act of Settlement was " to reserve the usual and ac customed rents." There was nothing upon the face of the present case to shew what the usual and accus tomed rents had been before the grant of this lease ; and, therefore, after hearing Mr. Campbell at some length upon this preliminary point, The COURT interposed, and said, that in this re spect the case was defective, for in order to give a proper construction to the leasing powers, as applied to this particular case, it must be seen what the usual and accustomed rents had been. The case, therefore, must either go down to a new trial, in order to ascer tain what those rents had been, or if the parties chose they might agree between themselves to supply this defect in the case, by referring to the old leases in the Muniment Chamber of the Noble Earl. At pre- 1 sent, however, the case was not ripe for decision. Mr. W. E. TAUNTON, for the defendant, said there would be no difficulty in agreeing upon the proper amendments.--The case, therefore, was ordered to stand over until amended. WALKER V. MAITLAND. This case came before the Court upon a motion to set aside an award, the question arising upon the has bility of the defendant, as underwriter on a policy of insurance, which was referred to the decision of two arbitrators, who now found the special circumstances which raised the questiOn for the opinion of the Court. The polity was on goods on board the Britannia, on a risk to St. Christopher's, and all the other West In dia Islands, except Jamaica and St. Domingo. By the usage of the port, at St. Christopher's, to which the vessel had gone to ship the cargo in question, goods are put on board by means of small craft, which bring the produce from the estates down to the vessel. While the ship lay at St. Kitts, her mate, several of the crew, and some negro labourers, were sent in a small sloop to bring on board sugar, coffee, and other produce, which was accordingly taken into the sloop; but in her passage in the night time from the prize of shipment to the vessel, the mate fell asleep, leaving the seamen on watch to navigate the sloop. The seamen, however, imitated the example of the mate, they tell asleep also; the negroes fol. lowed their example, and the vessel being left to the mercy of the wind and waves, was dashed upon some mocks, and her cargo was utterly destroyed. Another craft of the like nature, with other goods on board, had Leen entrusted to the care of another seaman, but in consequence of his unskilfulness, she shared the same tate, and was tofally lost. The question for the opinion of the Court was, whether, under these circumstances, the underwriters were liable, the loss being occasioned immediately by the peril of the seas, but superinduced by the gross negligence and ignorance of the crew ? Mr. CAMPBELL, for the plaintiff, contended that 'this was a loss within the policy. Mr. F. POLLOCK insisted that it was not; but The Comer were clearly of opinion, that the loss having arisen immediately from a peril of the sea, it fell within the terms of the policy, and therefore de ' termiired that the rule for setting aside the award must be discharged. This was the last case in the Special Paper, which a fortnight since contained upwards of seventy cases for argument, •but which, by the unremitting and most laborious exertions of the Learned Judges, have been now disposed of. The Collar gave notice, that during the next Term one of the Judges would sit from two till four o'clock, at Chambers, to transact the usual Chamber business, instead of attending there in the evening as formerly. COURT OF COMMON PLEAS, NOVEMBER 5. SMITH V. HUNT. 1 1 . This was an action brought by the plaintiff, a Cler gyman, who keeps a school in the vicinity of London, to recovet tom the defendant, a Lady generally residing in India, for the education and clothing of her two sons, during the time which the plaintiff con tended, by the regulations of his school, he was enti tled to charge. The principal question at issue be tween the parties was, whether Mrs. Hunt had given the quarter's notice of her intention to remove the chil dren. She bad, it seemed, given a notice to that effect when the children returned after the holydays ; but it being delivered within the current quarter, the plaintiff insisted that it did not comprehend the clear quarter's notice which he was entitled to receive. After Mr. Serjeant LENS had opened the case for the plaintiff, and Mr. Serjeant VAUGHAN was heard for the defendant, Chief Justice DALLAS inquired whether this cause could not be as well settled by a reference to some Gentleman at the Bar ? The Learned Serjcants at both sides expressed their readi ness to attend to his Lordship's suggestion : but Mr. Serjeant Lees said, that as his client, the Rev. Mr. Smith, was in Court, perhaps the Learned Judge would repeat to him the same recommendation. The CHIEF Armee acceded to the request, and observed, that in a case of this kind it was always as well to see whether complete justice could not he done to the parties at issue by a reference of the mat ter in dispute to a respectable Gentleman, who would decide as reason and justice required. In Courts of Justice, properly and necessarily open to the Public : matter often transpired, which, going before people out et doors, might affect the feelings of private in dividuals in a manner that it would be as well, per lhaps, often to avoid, if the nature of the case admit. ted. In the present case, the Learned Judge said he was cf opinion that it might be as well for the par ties concerned to have the dispute between them set tled by arbitration, as to have their differences dis closed before the Public. The Rev. Mr. Smith said, that though his case was as clear as the sun at noon day, yet he had no objec tion to the reference. Still he must complain of the latitude taken by Mr. Serjeant Vaughan, in. saying that the children were kept ragged in his school. He kneW that Counsel were in the habit of indulging in this sort of language, and he thought it was highly reprehensible. Chief Justice DALLAS said, that the language of Counsel ought not to be too minutely criticised. He had said at the time the allusion was made to the' clothing of the children, that the Jury ought not to notice it, as no complaint upon that subject hzd been transmitted to the salmi when the children returned. Mr. Serjeant VAUGHAN said, that he only spoke' from his instructions, and that they justified any ex pression he had made use of. The Rev. Mr. Smith replied, that then his instruc tions conveyed a gross falsehood ; and that when again he indulged in such abuse, it would be well if he acquired the habit of doing so in the English language. Chief Justice DALLAS here interposed, and said' that the conduct of the plaintiff was as irregular as it was improper. "I do not," continued the Chief Jus tice, " Mean to say what I should have said of parts of this case, had it gone to the Jury: I should then have been bound to speak my opinion as I felt upon parts of that case. I must, however, express a hope that your conduct, Sir, in your school, in the pre sence of your pupils, is very different from that which you have personally exhibited in this Court. Here it has been most improper; -and it is due to Mr. Ser jeant Vaughan to state, that his conduct has been, what it ought to be, proper, and conformable to hi ; duty, acting upon his instructions." The Rev. Mr. Smith was again about to address the Court, but he was compelled to desist. The Jury then found a verdict for the plaintiff , subject to a reference. ARCHES COURT, NOVEMBER 3. This being the first day of the Term, no came l were gone into, and only a few assignations wer e . tled.—Jonst HENRY PITEIIER, Esq was admitt e d into the number of Procurators General exeicent is this Court. At the beginning of the last century, Mr. H op RISCO, an eminent weaver, had a bill drawn on hi m . for 1:80,000, which was held by a Fo re i gn ma sa ,. sador. On his sending it to the old Gentleman fn. acceptance, the messenger was struck with th e er , creme shabbiness of the dress of Mr. Moaatsco. T" Ambassador, on this, went to have a peep at him or h eo • he was so terrified at the penury of his app earance, the be betrayed some doubts as to the paym ett of the la when due. The man of business immediately offe re d to discount for a 4, valuable consideration." M e Am• bassador consented, and the worthy weaver pock ete d 1:4000, the produce, in fact, of his :4144 coat. THE DUCHESS OF DEVON SH I RE. —. AS the lat e beautiful Duchess of DEVONSII I rcE was one d ay s t ep . ping out of her can iage , a dustman, who w as acc i. dentally standing by, and was about to regale him. self with the accustomed whiff tf tobacco, caught a glance of her countenance, and instantly exclaim e d, ~ Lord love you, my Lady, let me light my pipe in your eyes !" The Duclic4s was so much delighted with the compliment, that she frequently afterwar4 checked the strain of adulation which was .o co l , scantly offered to her charms, by saying, " Oh! after the dustman's compliment, all others are insipid!" UNIVERSITY INTELLIGENCE. CAMBRIDGE, NOVEMBER t. At I General Ordination holden by the Bishop of ny, id & day, the following Gentlemen of this University were orittleg ; ot:acoNs. Henry V lawn Wagner, 31. A. Fellow of King's Colkg. Henry Tasker, 31. A. Fellow of Pembroke College. Charles Porter, B.A. Fellow of CJIUS College. Edward lli,hop Elliott, NI. A. Fellow of Trinity College. Charles Ffrench Bromhead, M A. ditto. William Crawley Leach, ILA. ditto. Henry Hunter Huzlics, M.A. Fellow of St. John's Cel _ • _ John Philips Iligman, M.A. Fellow of Trinity College. Jlark Cantis, M.A. Fellow of Emmanuel Coileze. Thomas Stafford, M.A. Jesus College. ECCLESIASTICAL PROMOTIONS. The Rev. R. Smith, Chaplain to the Duke of Devonshire,* Chatsworth, to the valuable Rectory of Stavely, Derbyshire. The Rev. George Edward Kent, B.A. is elected by the Fri. fees to the Mastership of the Free Grammar Schutt/atLill Walsingbam, Norfolk. The Rev. .1. Fayrer, late of Clare Hall, Cambridge, to tie Vicarage of St. Teath, Cornwall. The. Rey. T. Jones, to the Vicarage of Median, fAuxr ganglairc. • The Rey. 11. Pooley, to the Living of Newlyn, Cornwall. Saturday se'nnight, Mr. Frederick Parry Budges was milted Fellow of New College, Osford. The Archbishop of Canterbury has collated the Rev. lex Mossop, Vicar of Cranbrook, to the perpetual Curacy of Nu. nington with Wymenswould, vacant by the resignation atilt Rcv. C. J. Burton. Mr. Alexander Cameron, late Rector of the Taira Academy, was ordained and admitted Minister of the rail of Eddrnon, Presbytery of Tain, on the lath ult. EtIRAIUSI.—In the list of M. A.'s, inset:v.l is the Seta of Monday, for Richard Wiiliam Kerby, read Richard %Wry Nerly. MARRIED. The Rev. Mr. Cousins, to 3lrs. Webster, both of Kirgons JIOUCCUCIIIUIEC. Oct. 51, the Rev. Thomas Groom'', of Court lierbeclir morganshire, to Mary Anne, daughter of the late Dr. Ito Lettsom. Wednesday, at Astbury, in Cheshire, the Rev. Friwati gory, of Lower Hardress, near Canterbury, to Mary, d daughter of N. M. Pattison, Esq. of Congleton. Oct. 23, at Carlow, Lieutenant Richard Grant Stoke, 11 1 4 of the 49th Regiment, to Miss Roberts. At Fowey, W. G. Hemsworth, Esq. Collector of Ci to Miss Louisa Oliver. DIRD. At Molesworth, Huntingdoodire, in the 85th year ebb* the Rev. William Ellis, Rector of that Parish, and of 1 1 It114 Buckinghamshire. Oct. 25, at the Vicarage, Coombe, Oxfordshire, Poeinee,gr wife of the Rev. B. Lee, perpetual Curate of that Fad& Thursday se'nnight, at his residence, Oxton-House, after ski and severe illness, the Rev. John Swete, Prebendary of de e thedral, Exeter. Oct. 23, in his 78th year, the Rev. D. Martin, Curate of Fa. church, in Sheppy. Oct. 27, at his house in Sandwich, Lieutenant William Vel cock, R.N. aged 58. Monday se'nnight, after a short but severe illness, Mrs. TO man, widow of the late Mr. Trewnian , proprietor f the int Flying Pod. , Oct. 13, at his house in Great Denmark-street, Dublin,& oily six days illness, Sir Hugh Nugent, Bart. of Ballinko county of Westmeath, in his 81st year. Saturday se'nnight, after a few days illness, at his house Giles's Norwich, Edward Rigby, F.sq. aged 7 4 , an em ii,G physician i in that city, and many years Alderman of the Cot gate Ward : he served the office of Sheriff in the yearling/a Mayor in 1805. Oct. 15, at Croom's 11111, Greenwich, in his 61st year,tou William Gilpin. He bad served in the American wars! Admirals Hood and Drake, and in the last war was a prioe in France for ten years and five months. Feb. 14, of the cholera morbus, at Dinapore, in the FAO' dies, Mr. William Moore. March 15, in camp, at Larknoe, near Nagpoor, Mn. Watson, wife of Major Claye Watson, commandi n g Idles lion 23d Regiment N. 1. March 29, after a painful illness of the cholera morboil* kertish Arathoon Aganuor, Esq. third son of Arathooa Aganoor, the celebrated Aimenian poet and antiquarian. Oct. 25, at his lodgings in Scotch-street, Whitt:harms" Matthew Piper, of the Society of Friends, aged 91. Byagr. of parsimonious economy, he had amassed a considerablelk!l but indulged in the enjoyment of a very trilling portlemedM in his late illness, which was a protracted one, scarcely OP: himself the necessaries of life; these, however, were supprgd' his connexions, but which he would have denominated 111 gant luxuries. ' This singular character,whilst he abridged''' . personal enjoyments,was willing to promote the interestef o Mr. Piper has endowed three schools, one in W hitelisseni 33° . at Kendal, and another at Lanc..ster, e2cli with .C2,0r01 cents. Navy Annuities; he has also bestowed £l,OOO iiiq f cents. to support a soup kitchen in Whitehaven. MAILS THIS DAY. -ARR. DUE. Dublin 2 0 I Lisbon Waterford 2 0 I France Guernsey and Jersey 0 0 I Hamburgh Holland 1 o I Gotteuborvb As 4 • 0 Q 0 HIGH-WATIKRat LONDON 1L1t11)611 TO-Moitiiji Maning - 4 :rin ut es site II . 0 A f terrpon - 716 =_L — .- _. .- .7- - --- . LONDON : Prlntt.l mut published by t.tVLL Isgsti itilLy, 1 r.suplu-13a. DI anis. Lately, at nekton, the Lady of the Rev. 11. Grylls,da At Exeter, the Lady of Captain George Truscott,LN.itt daughter.