Star. — London, England, 1821-11-15 00:00:00

.ON THE GUM CISTUS. /ROM HAPPINEss:" A TALE FOR THE GRAVE AND COVRT OF KINGS I3ENCH, NOTEMBER 14. This morning the Grand Inquest for the City of Westminster and County of Middlesex: appeared in Court, and was sworn. The Gentlemen. after a short but impressive charge from Mr. Justice BAYLEY, re tired to their jury-rooms, to consider of such bills as might be laid before them. THE NINO V. SUSANNAH WRIGHT. This was an indictment at the suit of the Society for the Suppression of Vice, fdr the publication of a blasphemous libel. The defendant was brought up, upon the motion of Mr. ADOLPHUS, and pleaded Not Guilty. Shc was then given to understand her trial would come on in due course. CRIMINAL INFORMATION. Mr. SCARLETT moved for a Rule to shew cause why a criminal information should not be filed against John Ambrose Williams, for a libel published in the Durham Chroxide of the 18th August, 1821. The paragraph complained of was as follows " So far as we have been able to judge from the accounts in the public papers, a mark of respect to her late Majesty has been almost universally paid throughout the kindom, when the pain ful tidings of her decease were received, by tolling the bells of the Cathedrals and Churches. But there is one exception to this very creditable fact, which demands a precise notice. In this Episcopal City, containing six Churches, independently of the Cathedral, not a single bell announced the departure of the magnanimous spirit of the most injured of Queens, the most persecuted of women. Thus the brutal enmity of those who embittered her mortal e►istence pursues her in her shroud. We know not whether actual orders were issued to prevent the cus tomary sign of mourning, but the omission certainly indicates the kind of spirit which prevails among our Clergy. Yet these men profess to be followers of Jesus Otiose, to walk in his footsteps, to teach his precepts, to inculcate his spirit, to pro mote harmony, charity, and Christian love !—Out upon such hypocrisy ! It is such conduct which renders the very name of our Established Clergy odious, till it stinks in the nostrils; that makes our Churches look like deserted sepulchres, rather than the Temples of the living Goa; that raises up Conventicler in every corner, and increases the brood of wild fanatics and en thusiasts; that MUNI our beneficed Dignitaries to be regarded as usurpers of their possessions; that deprives them of all pasto ral influence and respect; that, in short, has left them no sup port or prop in the attachment or in the veneration of the people. Sensible of the-decline of their spiritual and moral influence, they cling to temporepovrer, and lose, in their officiousness in political matters, even the semblance of the character of Minis ters of Religion. It is impossible that such a system can last ; it is at war with the spirit of the age, as well as with justice and reason; and the beetles who crawl about amidst its holes and corners, act as if they were striving to provoke and accelerate :he blow, which, sooner or later, will inevitably crush the whole fabric, and level it with the dust:" —Having read the libel, comment, Mr. Scarlett thought, was unnecessary ; nor would the Court, he trusted, require any affidavit beyond that which charged the defendant with publishing the Newspa per in which such matter had appeared. The attack was directed against the Clergy of the kingdom ge nerally, and against those of Durham in particular. It was impossible, their Lordships would see, that any individual could come forward as a prosecutor; but could it be endured that the Established Clergy of a country should be so treated with impunity, in a public Newspaper? If such acts could be per mitted, that veneration must cease, which, as long as religion had a footing in a country, wai due to its le cognized Ministers. I'he LORD CHIEF JUSTICE." Take a Rule to shew cause." TIM GAY-JUST PU131351111). Frail Plant ! whose early buds display Their beauties to the opening day, And fade with its declining ray, To bloom no more ! When thy poor scatter'd leaves I view, So lately bright with morning dew, •heath the green bush on which they grew; So lowly laid; An emblem of myself I see, When cheerful morning dawn'd for me; But I have droop'd and died like thee, - In sorrow's night ! Yes I Hope once dwelt within my breast, Calm were my days, serene and blest. While her soft accents whisper 'd rest For future years! . But when Affliction's chilling night Shaded the morn, so fair and bright. Palm this sad heart she took her Sight, - • To those more blest ! Fresh buds the morning will bestow, The cheering Sun again will glow, And gentle Zephyrs round thee blow, Each changing day But Hope again within my breait Will never Sed a settled rest, For in her sad forsaken nest, Pale sorrow dwells VICE-CHANCELLOR'S COURT, N0V.14. JONES V. BROMLEY. , The plaintiff, Mrs. Jones, a widow, was, by the will of her late husband, left the life interest of all his property, provided that she should remain a wi dow and not keep a public-house, or have any in terest or concern therein, or in any other business. — The trustees under this will refused, after a certain period, to pay the interest to the plaintiff, on the ground that she kept a public-house. She filed a bill in Chancery, and it was by consent referred to the Master. The Master reported that the plaintiff had not forfeited, and the case was argued this day in the form of an exception to the Master's report. Meisrs. HEALD and KEATE contended that there' was clearly a forfeiture, because the plaintiff openly kept the Roman Eagle, iii Church-street, Deptford, ordered spirits from the spirit-merchant in her own name, and had her name marked on the pewter pots. It was very unfortunate for this poor lady, but the terms of the will were perfectly explicit. Mr. BELL argued that Mrs. Jones was only the servant of Messrs. Taylor and Co. brewers. There was an iitlidavit proving that the pewter pots had been ordered by Messrs. Taylor and Co. and that the whole business was conducted as theirs, the plain tiff receiving one guinea a week for her services. It U. 15 here objected that there was an Act of Parlia ment against brewers selling in less quantities than whole casks, and this was shewn to be the state of the law. Th? VICE-CHANCELLOR said, it was manifest that the testator's intention had been to prevent his pro perty from being lost by the plaintiff engaging in any business that should subject her to the bankrupt laws. The plaintiff had subjected herself to the bankrupt laws, for it was not to be believed that such respectable :,en as the brewers in question would declare to the world that they were guilty of a fraud. She therefore kept the public-house, she was an swerable for all debts, and her property would be chargeable. Mr. Bent. argued with great ingenuity from the analogy of tontines, and club-rooms, and hotels by subscription, that the conduct of the brewers WAS such as the Excise generally winked at. But let the brewers be guilty of a fraud on the Excise or not, the plaintiff was not answerable for that, and her' case could not be affected by it. A forfeiture would not be decreed, without the strictest examination of the terms. The VICE-CHANCELLOR said the forfeiture must come within the principle of the testator, and the words of the testator, before the Court could sanc tion it; but here it was a kezping.of a public-house c ontrary to the principle and the letter of the will. Mr. LOVAT addressed his Honour on the same side with Mr. BELL. With respect to the Revenue laws, they had nothing at all to do with the present case. In support of this proposition he referred to a case decided by Sir William Grant, late Master of the Rolls. Then as to the apprehension of the plaintiff having come under the bankrupt laws, there was not one tittle of evidence to shew that a single bottle of wine, or single pint of porter, or any other.article, had been sold by the plaintiff without doors. The VICE-CHANCELLOR.—If you get rid of that objection, arising from the bankrupt laws, you will remove a great difficulty from the case. It appeared that there was not even an allegation to the effect on the other side. Mr. LOVAT proceeded.—The plaintiff was osten sibly keeper of the public-house, but not in reality. It also deserved to be mentioned, though strictly it was no part of the case, that MI s.Jones had brought £BOO to her late husband, and afterwards by her activity in keeping a public-house increased that sum to the amount left in his will, and of which the life rent was now in question. Mr. &Ammar: appeared for the trustees, and wished that the decree of his Honour should be left subject to further inquiry as to who were next of kin. Two brothers had appeared, but it was not known whether there were not other relatives. The VICE-CHANCELLOR, after some deliberation on this point, said that the judgment he now pro:. trounced might be open to motions to amend the re-' cord, and that if the Master should, upon inquiry,' find there were parties who - were not new present in Court, the whole case would be open to be argued again. The liability to the bankrupt laws being now entirely out of view, it was evident that the plaintiff was not keeper of a public-house, either ac cording to the principle or the letter of the Therefore there was no forfeiture. IN RE HOWARD AND GIBBS. This Petition, which had been 6zed for three o'cloo this afteraooo, was postponed till Friday mt. THE COAL TRADE. Mr. ANDREWS moved for a ltule to sinew cause why a mandamus should not issue to the Magistrates of Maly-la-bonne Office, commanding them to hear the irformation of a man named Bradfield. The doubt in the minds of the Police Magistrates arose, it appeared, upon the construction of the Act of Par liament regulating the coil trade. By the words of the 150th section of the Act, " all fines or penalties exceeding £2O in amount are made recoverable by action in the Courts at Westrninster ; all penalties under £2O are recoverable before a Magistrate." In the present case, the information was against a coal dealer, for selling sixteen sacks of coals, each defi cient in measure; and the penalty for that offence was a fine of forty shillings on each sack. The Ma gistrates, upon the graund that the sixteen penalties exceeded £2O, refused to act. Mr. Andrews now sub mitted that the Magistrates were wrong, and that the words in the Act, " all fines and penalties exceeding £20," &c. meant all single fines or penalties, and not the amount of several fines together.—ltule Nisi granted. CRIMINAL !STORNI ATION. Mr. CHARLES PHILLIPS moved for a Rule to chew Cause why a criminal information should not be filed against Bache Thornhill, Esq. a Magistrate of the County of Derby, for affecting to take bail upon a charge of murder against Wm. Brittlebank, Esq. and afterwards returning no recognizance. The LORD CHIEF JUSTICE asked if there was any improper motive suggested ? Mr. PHILLIPS raid that corruption was imputed. The transaction arose out of a duel which took place some time since between Mr. Brittlebank and a Gen tleman of the name of Cuddie, in which the latter was mortally wounded; and Mr. Phillips moved upon three affidavits, from which it appeared that Mr. Brittlebank had escaped arrest in consequence of an assurance given by Mr. Thornbill's clerk (at that Gentleman's house) that bail to the amount of £5,000 had been put in. The. affidavits imputed that the clerk's assertion had proceeded from the authority of the Magistrate, and swore that no bail had ever , been given. Mr. Justice BAYLEY asked whether the clerk had been applied to to make affidavit ? Mr. PHILLIPS believed not. _ _ _ The Lott]) CHIEr Jusrica said that there was nothing in the - affidavits to bring offence home to Mr. Thornhill. Every word contained in them might be tree, and yet no fault imputable to the Magis trate. The clerk ought certainly, in the first instance, to be applied to. Mr. PHILLIPS said that such application should ; be made ; and that he would mention the matter again to the Court. Mr. Justice 13Avr.zy observed, that the Court could only grant a criminal information' upon such legal evidence as sioaliciiable a Grand Jog to fi nd - a bin. COURT of COMMON "'LEAR, NOVEMBER 14: The Court sat in banco until twelve o'clock, but no case of any importance came on. At twelve o'clock Chief Justice DALLAS sat to hear Nisi Prins cases. The following was the only defended case among them : THE PILOT ACT. . P=ARSON F. BROWNFIELD. This was an action to recover the penalty of £5O under the Pilot Act, from the defendant, for having piloted the brig Paris down the River Thames, he not being a licensed pilot. Mr. Serjeant Lints, in stating the case to the Jury, observed, that the Act in question was passed for the better secnrity and protection of vessels in the river, and for preventing improper or unskilful persons from navigating them. The defendant, who, it would be proved, was a waterman, and not a licensed pilot, had taken charge of the vessel ; and, though a regu larly licensed pilot had come on board, and produced his papers, the master refused to deliver the charge up to him. He (Serjeant Lens) understood that the defendant meant to rest his case on a section of the Pilot Act, which exempts from its operation colliers, and all vessels sailing for Norway, the Baltic, or the Cattegat ; and that the brig Paris did not come under the Act, as she was trading to St. Petersburgb,whither she was bound from the river. The CHIEF Justice asked, would not that bring her under the denomination of vessels bound for the Baltic? Mr. Serjeant LENS replied, that that was the point at issue. He then called Baswell, a pilot, who proved that he saw the brig Paris proceeding down the river. Witness went on board, and saw the defendant at the helm. Wit ness produced his papers to all on board, but the charge of the ship was refused to him. On his cross-examination,witness said that the vessel was bound for St. Petersburgb. Oi the part of the defendant, Mr. SerjeantVaUGHA N called Mr. Nelson, the owner of the vessel, who proved that she had traded to the Baltic for the last five years, and that she was at that time bound for St. Petersburgh. Chief Justice DALLAS held that this brought the vessel within the exceptions to the Pilot Act, and directed a verdict for the defendant, which was en tered accordingly. ' Mr. Serjeant LENS observed, that the action was brought to have the opinion of the Court on the case, in order that if it should be as it now turned out, an application might he made to Parliament in the course of the next Session. ---- ----- There being no other business before the Court, it rose at one o'clock. PREROGATIVE COURT, NOVEMBER 14. LE MANN AGAINST CONSAL. In this case certain witnesses who had travelled up from Wales in order to give their testimony appeared at the Bar, and attracted, by the singularity of their appearance, considerable attention. The habiliments of the females were particularly grotesque. An In terpreter having applied to the Court, by their desire, for permission to be sworn as witnesses on behalf of one of the parties (a pauper), took the opportunity of 1 stating, that the parties, before the oaths were taken, were desirous of having some allowance made to ' them for their expenses. These had been already considerable, and were likely to become still more so, ' by reason of the delay to which the prosecution of the cause might subject them. • The COURT directed the Interpreter to acquaint the witnesses, that the party on whose behalf they appeared, being a pauper, could furnish no funds; and that it was quite impossible for the Court to un dertake for compensation. It was for them to decide whether they would take the oaths or not—a cour s e which, for the ends of justice, it was evidently very desirable should be taken; but the Court thought it would be highly unbecoming and improper, if they should now return to their homes without giving the evidence which it. was in their power to do. The witnesses, by means of the Interpreter, ex pressed their apprehension of being detained in Lon- Zinn, at great expense and inconvenience to themselves, unless their charges were defrayed. The Proctors 'on both sides, and the Examiner, undertook to exercise every possible diligence; , and the witnesses, with some apparent reluctance, at length consented to take the oaths, which were administered to them in the Welch language. FORBES AGAINST GORDON. In this case the Court was prayed to admit an alle gation, propounding, together with the will of the late J. Forbes, Esq. of Fitzroy-square, London, two testamentary papers marked A and B ; the former being described as , a codicil to the said will, and the latter undated. It appears that Mr. Forbes died in the night of the 20th June, 1821, leaving behind him personal and freehold property to the amount, it is supposed, of £500,000, and upwards. The will, dated May 2, 1820, duly executed in the presence of three witnesses, disposed of a property in value about f.:220,000 specifically. The value of the residue was not known even to the testator. Paper A was dated Iseof March, 1821. Paper B, without a date, was handed over by the deceased to his Solicitor, Mr. Hutchinson, as containing instructions for a new will or a codicil (that being a matter of dispute) which it was his intention to make, and by which he meant to alter and to add to some former bequests. This in terview between the deceased and Mr. Hutchinson took place on the 12th of June, 1821, eight days be fore testator's death ; but important business calling his Solicitor to the Continent, the codicil in question could not be immediately prepared. In the interval of this Gentleman's absence, Mr. Forbes died, and the Executors felt it necessary to try the question of the validity of one er both of the two codicillary pa pers, inasmuch as they went to make a very import ant alteration in the disposition of the residue. Dr. LUSHINGTON and Dr.MARISHAM opposed, and Dr. SwABEY and Dr. Prum.rtaoax contended for the admission of the allegation. • Sir JOHN NICHOLL, without giving any decided opinion as to the merits of the testamentary papers A and B, but deferring that to a future stage of the case, thought there was that matter pleaded in the (allegation which made it ever to be admitted. f Admitted accordingly. - •.. POLICE. CetrwrEar= Sovaattents.—Yesterday, Ceor Crutchfiekl, a young man fashionably attired, w as brought to Marlborough-street Of f ice, charged wi t h feloniously selling counterfeit sovereigns. I n f, reaa. tion having been received at the Office that the p e i. stoner was a general dealer in this spurious co in, a person employed for the purpose was furnished w i t h a quantity of mar keel silver to make purchases of On the 6th of November he bought one for ni ne a ha : hogs, and en the two following days he p urc h ased two others- for seven shillings each. On th e j rk , three o ffi cers went with the man employed, and . ; bought five others of the prisoner, at seven s hili; 4l ,,. each, at a public-house in Ruperl-street. O nupc Z , bending the prisoner, the marked silver was y oted upon him, and the base sovereigns upon the ot her , The base metal is scarcely to be detected by the ring, but the head is clumsily manufactured, and they are Much short of weight. The pri soner was remanded. GUILDHALL.-.-THE DONKEY CAST--yesterday, F. Hartley, charged on suspicion of stealing an a s ,, was again brought up, and the evidence for the eqi proceeded. Samuel Pemberton, a carman at Mes se% Hodgson's stables, in Bedford -street, deposed, th at the donkey was the same that Leggett, the witne ss who had deposed to selling it to the prisoner, h a d kept at his stables three weeks ago. J. Weod, a f„, tier, also swore it was the same he had shod for ks. Kett, and the shoes he now produced he knew to k his make. In reply to this evidence, Mr. wick, the proprietor of the Tunbridge Wells stud, r e . peated, that he was positive the animal wa• his, m i d bad been taken away only on Tuesday sennight_ Sir JAMES SHAW thought the weight of evidence i t favour of the prisoner, and discharged bin,. lie d e . parted, seemingly determined to hi ing his action fit false imprisonment against Mr. Wi7,htsvick, and Mr. Wightwick to try to recover the assay action of trove, Dow-srneer.—Yesterday Thos. 11:4i:e n 35 briar& up, Charged by a Captain in eie-Army stealin: harness, apparel, &c. to the amount of MOO. Th e Captain stated, that the prisoner was formerly his coachman. In September v..itness vas arrested fie debt, and taken to a lock-ep-house in Carev-street At that time he was indebted to the prisoner about 00 for wages, &c. Charles Mends, also hisser. vant, attended upon him for a few days iii the sponging-house, and the prisoner was sent totiouti ampton to acquaint his friends of what had befall, him ; but he soon learned that he had bee:i to Hatchett's, and, in his name, obtained all the things he left there ; and that he and a relation of his gets great number of things at Southampton, by these= device. He had applied several times to the prisoner, to restore his property, and offered to pay him hi wages, if he would deposit the things in the handsof a third person; but he refused, and witness warn nearly a week at one time without even a dean skit The prisoner, in his defence, said, the Captain autho rised him to receive the property. Whee the Captain was first confined, he went to the spunging-houseto him, and waited upon him as a servant ought to do; and the Captain one day said to him, " Thomas, it it in your power to do me a very great service." lie expressed his willingness, if it could be done with: honesty ; and the Captain then said, that he had no prospect of being released, and would he assist him in making his escape. He proposed to get a gimblet, a turn-screw, and other implements; and that he l(prisoner) should go to Hatchetes, and get " what he could' of his clothes, and disguise himself in them, so as to favour his (the Captain's) escape. He hwe ever refused to have anything to do with it. Seka quent to that, the Captain had asked him to Ha horses in his name, and sell them; and many* things of the same kind.—The Captain deniedeery assertion of the prisoner but that respecting themge from the spunging-house. He said, he was also in a state of phrenzy at the time, and he knew Os got out, he could immediately procure the mesy, and return, perhaps, almost before he was mai Upon reflection, however, he was ashamed of hie. self for having ever thought of an escape.—Cbarb Mends, a boy of 15, who said he was employed' the Captain's racing stable, was called Ly the soner to corroborate his statement ; and he the Captain did give the prisoner orders the clothes from Hatchett's, and disguise The Captain said, upon oath, he never gave soner authority to receive the clothes, Mn out= said, it was altogether a strange business, and the Captain, he thought, was in bringing it forward. He would not, however, the prisoner go until he gave sureties, himself ir and two responsible persons in £5O each for his appearance ; and the prisoner was detained should give the required sureties. Benbow, formerly publisher of and caricatures, in St. Clement's brought up to answer a charge of assault, , by William Drake, namely, biting Isis thumb off, and beating him about the head with al,' Mr. MINSHULL having. heard evidence on w— and considering the balance of testimony to be your of Drake, ordered Benbow to find bail, he did, and was immediately liberated. MARRIED. The 6th hut. at Crown Church, Hugh Massy, Esq. of the Hon. G. E. Massy, of Riversdale, to Mary A daughter of Robert Harding, Esq. of Cherry-grove , County et Liaserich, DIED. Saturday, at Twickenham, Maiy Brittal, in the of her age. Sunday, at Reigate, Mrs. Joliffe, aged 76, relict of William Jaffe, Esq. M.P. for Petersfield. PRICE; OF FOREIGN STOCKS YESTERDAY• Danish (the New Loan) 5 per Cent. Bonds French 5 per Cents. - Spanish 5 per Cents. Exchange (the hard Dollar) Prunian 5 per Cents. Neapolitan 5 per Cents. MAILS THIS DAY.-•wL. DUI., Dublin 1 0 1 Waterford 1 0 Guernsey and Jersey 0 1 Holland 0 0 Flanders 0 0 France nn ILeewardtioJamaica ntt eb ug Island's s 00 0 1 0 BRIDGC TO-MOW:00 - 19 m i nu tes afte 7 46 7 RIGH-W ATER at LORD(); Manias Afternoon - LQNDCPS ; Pruned and publislicd by Ixviu. Ttalptr• Ba. t..,. ..a. ...--- NI vow ........ A )0 MO IMP - 1.•••• sW Pell WWI deft iro talc Kkl lode was emptoyea it au ailed ty the Fri. H A , and he swore the • orders to prow iisguise himself.— it E • on. ever gave the p! clothes, &c.--)b. oha a strange pieced • ;ht, was ill-adriel 11 - not, howermit y b es, himself 41001 each for his fens d detained oak , a isher of paui Church-yard, vs F assault, pretend ' g his thumb nevi, ' 1 td with a bludgred• a ia , fence on both tides, p itimony to be is fr slab to find bail, whirl tit , rated. • tt Massy, Esq. eldans 4 to Mary An" Cberry-grow. m ts ttai, in the 1056 6 1 en • d K 1 76, relict of 00 0 e( Id. • ay aV .S YESTERDAY. ads 11 , 41 0 61 • ti 016 , - 0 1 I FY lurgh • 0 I ,at 0 is nburgh irA W an & 0 ° DGr. To-aog Ro l . 0 , 39 minutes after 1 ,4 a it y !tryst 1i En, • el' • ,a. •