Star. — London, England, 1814-01-26 00:00:00

r - ~~~ ' L 4 17 INTELLIGENCE. COURT OF CHANCERY, JANUARY 1.11, In the case of Lady F. V. TEDIREST v. the COM TEut of ANTRIM, the 1710 E CHANCELLOR this day de. Bided for the removal of Mr. Whitton, from being re• eeiver of the estate, meritorious as his conduct bad, been, merely on account of his being Solicitor. With regard to the remainder of tire. business, his.Honour _observed, that as the LORD cIIANCELLOR had issued an order of reference to the Master, it was not his wish to interpose. In the case of FENTON v. Ottatarr, as Executor and residuary legatee of his father; the late Marshal of the Admiralty, wherein the former prayed for a continuance of the injunction for 'restraining an ac. tion for £lO,OOO, clOved by the defendant, the mat - ter was "greed to Wsiii4l by an - issue at law. - tVNSISTORt timar, JA>•IUAktY 25. , . . . mo t• ' PARN44 V. PARNELL. . , nit was a proceeding of ditorce, brought by,tbe • Committee of Peter F'arn,elt - Fhe hu:sbandfhe -- heing . la lunatic), against Ann, Parnelty_his wife, by reason • ief adultery, alledged to have ixes.eoromitted with Crask ; and the queition befoshthe Cur was, lidiether a Committee appointed by t.li! A e ottn CI N ? (a Cominission of'Lunacy hav h been taken eat 'against *lunatic) hid a power to instil to the ..gave proceeding ? Learned Judge (Sir %VAT,- LIAM SCOTT) was clearly of opinion, both upcin prin . ciple and analogy, that th e power of the Committee to institute this suit must be upheld, he having the care of the persOn of the Lunatic, and also the care of all his property;--and therefore the Court admit ted the libel. COURT OF KING'S BENCH, JANUARY °5 . The Court today was 'Very thin of Barristers in at tendance, and so little business was — dune, that the Judge left it at a very early hour. A motion was mak to put off a oak, as the necessary 4ocuments bad been 4nm-bawd on the road, and a week's further time was granted, Lord ELLENaoifouon observing, that he must be sanguine who could hoPe for a free cammunilip with the ciz, - ,mtry within less time. V VW ITIP4ARNEGIE V. SCHNEIDER. • Mr. TOPPING in this case moved for a new trial on the construction of the Statute of Frauds. The in - vArument on which the action was founded was prin. .ted, and the defendant had not signed it either by himself of agent—his 4iame appeared in it as printed, • but he had written upon tke instrument, thong') Ira his name. Mr. TOPPING contended that this was not a signature within the Statute of Frauds ;—but the' Court held it was an adoption of the instrument which was made in his name. COURT OF COMMON PLEAS, JANUARY 23. STANIFORTII V. FORSYTH. • In this case, which was tried befurF Mr. Justice DALLAS, at 016 last Sittings at Guildhall, Mr. Ser. jearit Ilisr applied for a rule to strew cause, why the verdict for the plaintiff should not be set aside, and a new trial granted. There were two points, depending in ,thiS caie, .one of which had been sent for the deci sion of a Court-of Error; the other was that on which he had then to make his iplOieation to the . Couit. r — The vessel (the insurance of which,was ihe-sublect of the original action) was allowed by her litenc. to nil ih ballast from*London, and to bring back a cargo Of corn, subject to the specification of the Corn-Laws, from any part north of the Scheldt. The vessel 'net with an accident in the Baltic, and was 'replired She was then soli, and purchased by two Russian sulljects (Russia being at that time at war with this totintry), and freighted .by them for this country. The question, submitted to the Court of Error was, whether it was allowable for alien enemies rc.o7er under "'itch eircurnsiAnces preseht emotion tinned on the bleach of the licence by the • 014144 in sending out a cargo from this country, • trhpi there was.an 'express specification in the licence ' • thitt she should sail in hglast. , —RUle granted. fIfIERESTING.CASE.—EXPENSIVE DRESSES. BENTLEY AND MASTERS v. qutEtim , . This was an action bronAlit by.the plaintiffs, who Itre atillinerSl to recover the Value of certain articles pf dress firnished to the defend.ines wife.. Mr. 4erjeant V4I7GIIAN stated, that it was a cace in which husband was aitad on to p4y.for.hiji if:nisei. The defendant Was an. attorney, and if -he . 00ld find a little law.to turn the ,plaintiffs aside no mir would be shewn. The plaintiffs, Miss 4arali Biesalrey and Miss E4abeth Masters, were 4nilliners and fancy dress-makers, a yery 'necessary description of persons in the present state of slciety. The defen ' clarit's wife was a most accomplished and extremely beautiful Lady, whose taste was to dress ; her hus band's taste was not to patfor it. The plaintiffs re. side in Bond-street, Where they kepp elegant sow... rooms,: and as lodgings in that fashionable part of the, tows are .expve, it Conk, not le supPosecrthat., they could do , Wiskio.s cheaper than their neighboßs.,; Their bill, tteliyered to the defendant, would sound. heavy ; bint if Ladies think it proper to go ' to Bond. street, to be decorated with superb attire, they' must my for it. - The bill 'contained a charge for dresses furnished • between Jan uary , 1812 , and June, 1813. The whole of thri - artieles amounted to ps. The plaintiffs ave credit for 420 received on s account, Which wo dredirce the demand to #163. The slam.' lion of the Parties was this years ago Mn. Griffin was acquainted with a Lady in Chancery-line, $y iwboin'ilie was' introdtleecl to the 'plaintiffs as the wife of Mr. 'Griffin. She Hied at that time at Ken— sington, and many dresses Were . supplied which she paid Tor by hills accepted by herself. • Mrs. G. with. in the tithe stated in , the plaintiff's' . bill, was particu= larlY attentive to cress, and anxious to fleet her htri. band at table in a becoming attire. In the evening she iiraileiierally superbly dressed to take herassem. blies, - while hfr. Griffin was studying Salkic i ld and other law authorities. ' He was clikAgritecl to see kith i h t e wo haa Lep' end, bills ; but 'grown f°T si a ck tkr o n f e ;h Pai Pete r have :ietter' for him to have told Mrs. G. !tat she ba• too many fine Clothes, and perhaps . the milli ners would . not histlethad Orders to supply her With in' the bill were supplied from to Jildad* walked into the show-roorna cod gave her oidess'.as inclination eirevvesiveee delivered' at her bbn* Posunius.arre. Oa. imp, ALI \ fiu. Ml* tioii, ,pelisae, with isultary tritUmings, at-.. tra,cted Or partie,ulai attentien ; being4i handsome . a woman as 4my, i* Loudon, she appeared in it to eieite adrairition: ; She was so pleased with this pe lisse, that she waidd not allo* it to be sent home. She weld into Miss Bentley's without military trim ming. but was seen coming out as it were from a masquerade warehouse, wearing the military . pelisse, which ihe had eaehitnged for her own. ' The Learned Serjeant said, all these things must have been fur nished with the knowledge of Mr. G.; and be con ceived, that reading ;he first volume of Salkield, or any other lawyers writings, might have instructed the defendant .to pay the present demand. The Lady had been handsomely dressed by the plaintiffs, and they ought to be paid. Miss Mary Bowyer, an apprentice to the plaintiffs, stated that Mrs. Griffin freq%ently called at the house of her mistress in Bond-street. Mrs. G. lived then at No. 17, Crawford-street, Portman-square. The wit ness proved the delivery of a lace cap with ribbon and chenille ; a rich blue spencer ; a hat, with lace, plume, and trimmings ape square veil ; a lace cap de, livered to Mrs.,G. when she stopped at the door in a curricle ; a pearl and gold clasp; a wreath of blue roses, and a beuquette tippet. Wm: Forty, errand boy to the plaintiffs, said he de: livered a. chinchilla muff and various other articles. 'Henry Bowyer delivered two yards of little love. Sarah Backhpuse lived with the plaintiff, and had made a number of the_articles enumerated in the bill. Mrs. Wilkin, a milliner, in Piccadilly, looking at the charges, said they were reasonable. Mrs. be Yong'', another lady in the same profes sion, admitted that the bill was a fair charge. Mr. Serjeant BEST said, althotigh the cause might be pleasant to unmarried men, it was serious to all married men. In case the plaintiff was liable to this demand, marriage was a dreadful thing; it would give milliners. power to encourage young women fad of dress in bringing ruin on their husbands. Under the circumstances of the case the plaintiff could not be responsible. If the defendant had accepted bills there would have been no defence.. Whatever situa don a man might be in, if he gave a sanction to im proper credit afforded his wife, it was his own folly, and he was liable to pay. If he (the Learned Ser jeant) could shtw that these goods were not pur. chased'by the husband, but that the milliners were in conspiracy with the wife to ruin the husband, then there would be an end of the claim. It bad been de cided in Metcalf v. Shaw, Campbell's Nisi Prius, that a demand matte for articles supplied to an extrava gant wife, could not be maintained. Property to the . amount of x2OO having been furnished to the wife of a ' country apothecary, without his consent, Lord Ellen borough decided, that the plaintiff could not recover. There were also other decisions to support the judg e melt of Lord Ellenhorough. The,Jury had heard of a curricle ; it was not the defendant's. 41r. Griffin was a respectable attoiney ; a young man with an unblemished character, and an income not exceeding ,e4(X) a-year ; yet in fourteen months be was to be saddled with £ ls3 for millinery.. Tfteeffect of a ver dict against him - would send UM t&gaol, and ruin his prospects for ever. There. was no proof that he was a party to the erdering of the goacht,consequent ly by I.lw he could not be liable. to pay. ,The bills were not given by the husband ; .they :were accepted . by the wife without his consent. He never saw the articles delivered • they were studiously kept out of his sight by Mrs:Griffin, anchlie persons who receiv. ed them in the house. Here the learned Serjeant read a. lime/ in proof 'of the bills having been accepted without die defendant's knaledze. It was addles. sedi to' Mrs. Griffin, - and signed by the' phintiff, S. Bentley': ' . . . , • ,- " Ma nam, 7 -We have just bad a call Pon Miller mid Hoare (bankfrs), respecting the payment of an iceeptance fur £3o. They scent inclined to be uneasy, aid as At is a_ house we are' most desirous of keephaz our accounts with, we need not telt how crabbed wig feel. We thengfore think it necessary to illforrn you they will net wait after Saturday, paid as we really cannot advance a slilling E rriust repeat that the noii-payment will be lin every account of great detriment to us r • The above, and the threat it ctlntained, .had been cnncealc-d from the defenduit. The plaintiffs never. apprised him that the- bill hid not b"en paid, becatise they had - given credit to Mts. Griffin :only. The- Learre.t Serjeant in belialf•of his client'called several witnesses, by whose testimony it appeared that the defendant did not keep a auricle or man-servant, and that Mrs. C. on the - day she stopped in the curri'.;' cle in Bond-street, hadbeen taken out by an acquaint.; ;ince, a Baron G. The. defendant's circumsrancer were descrilied to be too ccinfined to pay for extrays r gant articles supplied to his wile. It also appeared that - Mrs. G. bad toll the plaintiffs that her husb.tnd never paid her-bills. She said she paid them herself;, on receiving quarterly her income:. of £l5O per an nßm? Mr. Serjeata VAUGHAN, in rply, said, the defen dant hid been spreading the net of the lap to each 4he plaiotiffi, and if he succeeded in the defence ' uo tradesmh woulcrbearire. Two r +- m g women had served his wife several years,-and when they asked .payment for their goods, they were told that he was. a. stranger to the orders given them, and not liable to pay. The case of , the Apothecary, cited by his Learned Brother, did .not apply; and,. with respect to the liwgenef-ally, there could be SO doubt that his cjents were entitled to some portion Of their ha -As to the circumstance of Mrs. G. paying her own bills, the fact was, she had a jointure when• Mr. G, married her, and as that had stopped, the defendant ►was unwilling to pay. The Learned Judge said, thedoctrine of Law made this case important to the Public. There were two points for the consideratiQn of Jury :—First, whe. ther the plaintiffs were entitled to recover any thing ? Secondly, in case they Cobsldered them entitled to a Verdict, to what extent they ought to recover ?-11e law had.been ably laid down on the subject a century ago by Judge Hale. Where a tradesman furnishes necessary things to a wife, according to her rank, the . hosbancrs consent is to be presumed; but then nil, presumption is_to be contradicted by pfo4. If the Jury, on the evidence, believed that - the credit had been improperly given, 'they would find for the de, fondant. tbvin k advnOted, to the evidence, he ccgi. ceive4 that 4'444114a' muff, charged nine guineas, watbeyond die Iniiband's circumstances ; however, be kft dip Juri so ay whit vieie nltteasari or not. Jury found a verdict for the AO plaintiff—Di] . ~ . . • • • • T, ••••• ..,., I I AMERICAN PAPERS.. • EOSTON, NOVEMBER 24. On Monday se'nnight the Congress of the United States Will convene in Washington. Many of the Eastern Members have gone 9n. The approaching . Sess A ion will probably be pregnant with proceedings Of the highest interest. Trogn the commanding ta lents and steady patrician:l- of the minority in both branch% the people haye a right to look for the full investigation and indepencletat esposuse of the secret source: of ;hose evils un ich they groan y and , of the useless protraction of the diejet war, And the people still retain confidence) that , the pre-eminent wisdom, indepe'ndence, and - efhcienCy of the Senate, tie shed cumin- oft* Constitution, will notberela*ed in checking the career of those who - delight in War, and the anni hilation of Commerce. • RuaimaGTott,,NoraMitaß 17. All the news j can give you is, that General Wil kinson's expedition descended the St. Lawrenee as far as Cornwall, followed by the British from Kingston and Prescott ; and near Cornwali attacked the Gen eral's rear on the 11 th inst. when a battle ensued, in which it is said the troops - were engaged at the bayonet for twelve minutes; that General Wilkinson drove the British and encamped on the ground, but immedi ately after re-crossed the St. Lawrence, and 24 the 'last accounts, was at the French Mills on•the Malone river. It is reported that we lost 400 men in the battle. The - British loss is conjectured to have been more. General Hampton has returned to Platts burgh from his manceuVre to Chazy ; and part of his troops are expected at this place to-morrow for winter quarters. The Governor of this State having sent General Davis to execute his order for the return of the Ver. mont militia into the State, he proceeded to Platts burgh for the purpose, where he was arrested by Co. lonel Clark, on the charge of treason This measure has occasioned great _irritation among the people of this State, and may lead. to serious consequences. IMPORTANT REPORT.—Ezttact of a letter, dated New-York, 10th November, 1813 : 44 I hear to-day that Mr. Madison has received some insolent letters from Mons. Serrurier, in which he enters bitter complaints from his Master Napo leon against the American Government, for sending Commissioners to treat with England—demands sup plies or funds to enable him to carry on the war—that this country shall join him in aver, offensive and de fensive, against the Allied l o w: e s t i and, that Mr. Crawford has not been ackno in France. An embargo, it is expected, will be had when Congress meet, and war with France will probably be the result." BOSTON, NOVEMBER VA. . THE CAMPAIGN CLOSF.D.—By Major Snelling, Who arrived'in town.last night, direct from the army, we have been politely favoufed with the following in teresting particulars : " Colonel Atkinson informed Major Snelling, that an action of a partial nature.took place on the 11th November, in which about 150'J Americans, of the 9th, I I th, and 21st regiments, under General Boyd, were engaged, They three times routed the enemy suitlaihe bayonet. Colonel Atkinson left Wilkinson PR the 18th. The enemy retired to a strong position about three quarters of a mile in the rear, from which • trie Americans did not attempt to dislodge them, but returned to the battle-grouad, where they slept that night. Otte of their pieces of artillery being dis mounted by a cannon-shot, when they resumed the lihe'cif match, they were compelled to leave it, and the British taking illk Oß, Of it, from that circum• stance Claimed the • " A number of prisoners were taken by the Ame ricans. General Covington was mortally wounded. Lieutenant Smith of the Artillery was killed. • " At Montpelier, Majur Snelling SRA! the sailing master of thecrowler, who made his escape from B?aufort; near Qbebee, on the 10th. He informed, that all the American Officers on parole at that place' (the three Getterah-eteepted) were put in close con nnement by order pf Sir George Prevost, to be de tallied for the security of the 23 Bliiish hostages." BUTCH. PiIP.ERS. BERNE, JANUARY 9. - The subsequent correspondence has been published respecting the situation of the Swiss troops : " GENERA r.—ln consequence of the resolutions of 'the various Cantons of Switzerland to restore the an "cienceonstitution of the Confederacy, it becomes your duty, as youkneed not be informed, to give such di rections to the. Army, at the head of which you have ben placed, as will assist in the several operations of the Allies. " Once shore I beg leave to assure you, as I have already declared ;o the people of these Cantons, that the sole object of our proceedings is to procure a safe and honourable ,peace --a peace which may restore 'Eutope to that independence and happiness Which Assent, years ago she enjoyed.. ',110,10 , f course the forces under your command will remain at the disposal of the Council of the Canton , of Zurich, which, with the consent of the other Can tons, is to take upon itself the Government. That Council has desired me to inform you that in future you will receive your instructions from them through me in what relates to the application of the Swiss , army. I have the honour to be &c. (Signed) " Field Marshal SCHWARTZIEN AERG. Freyburg, JaA. 3." FIELD MARSHAL—I have the honour to receive your dispatch ot.the Sd inst. and I cannot help tr, pressitig my satisfaCtion at the steps which have heed taken by the Cantons of Switzerland, since there can be no, doubt that a safe and honourable peace is the most desirable object to be attained. I have to add, that I shall in all respects feel it to be my duty to at tend to your communds, considering them as the di rection of the governing Canton of Zurich. , I shall to-morrow administer to, necessary oath, and make the ' proper disposition of the •forces under my orders ; and I have the honour to be, with. the highest 6raiduation, (4,s ro. VVATTEN • Borne * J in. 5." FLORENCE, DEC. sf. The 2d division of the troops of the King of Naples left this city yesterday for Verona, and it was suc ceeded three companies of artillery and seven rTes of cannon. . The 2d division is sommanded hr Gen. Filangleri, • who for his fidelity has been rewarded by_ his SoTo. reign with this important command. We learn that the Austrian forces liaS4 already reached Verona, to the number 6( 7,000.1 The King of Napies'still remains at Rome, where he is attend. ed by 12,000 men. The but wndoretruseteng rubeists be tween hini and the Betirlish Gat•rrnment. GOVEND„ NEAR ANTWERP,' JANFART There is nothing new from the"Agiiid Army be fore Antwerp. Al) things remain i.n the same state as befart o the enemy continuing shut up within the walls: - PIADRID GAZirrit. . MADRID, JANUARY 4. MIDER OF THE DAY. To-morrow, at nine in the rooming, all corps atln parties belonging to the garriAon, will be under a:4;o at their respective quarters, and ready to mnrch anc. form art .the first notice 8 - the . Sfijeant #ll..jlr of the place, the Adjutants on duty, sll be - on hasseback at my house, where, and at the appointed liour,-an Ad. jutant from each regiment cultic to receive and. con vey to his regiment such order, ashe may be charged with, for forming in the streets where the 4erje i tnt- Major shall direst, and on' tbe approach of the it !!. gency cf the Spains the troopS sttal present arms and salute, 80,,DJERS—The Tyrant 61 called our Ally, taking advantage of our noble character, inca. pable of dishonour, committed the unheard of crime biltearing from our bosom a legilanixe and beloved King; and abusing our unarmed confidence,. muss . dated Spain with desolating hosts, which succeeded in establishing themselves btfdre'the wills of Cadiz ; there the National Representation, united it he Ce neral and Extraordinary Cortes,. declared the Sore. reiet'y of the Nation, and _gave us a wish code, which bestowing upon the Powers the fprce which they wanted, a - Government resulted therefrom, by whose well timed care,we beat the enemy, who fly ing before our bayonets disappeare d . from cow fertile soil; this Government, which placed us in the fell where we reaped so many laurels, will in} arrive to fix its residence in this city ; its profound plans, and upright views, will Confirm in the most solid manner, the preservation of our hair religion, independence, liberty, and the throne of Don Ferdi nand VII. ; the basis of thewhiale is the Constitution to which we have sworn ; our glorious colours and standards are faithful witnesses that before them we have done so, and that we have always maintained our determination of dying or living flee. Let tis repeat, that whatever be the mask which . tyranny may assume, our invincible arms are ready to tear it in pieces. Say, with : the valour which you have shewn in the contest, we defend Country, Independence, and citutitution, and the boldness which these words will inspire, must insure your success. (Signed) YILLACAMPA.'! TO THE INHANTANT6 OF SPAIN. Cfrzapa - s--Ort the., sth January the National Congress and 'Regent, of Spain will arrive Within your bosom: You thus see realized one of the great results which were to be expected from your unex ampled firmness and heroic magnanimity: the go vernment restored to the central oT the monarrify.— Before lost and debased, you , saw yourselves sur rounded by an army of foreign invaders, who exuked in your sefferings : now you have a governezent founded ott • the eternal bases of reason and policy, and at the suite time humane and beneficent front the law which directs them, and the respectable chit. racter of the individnalt who compose them. fiCarcely had you seen re-established that national representa tion for which Padilla and Lanuza died, when order began to revive, and your enemies fled intimidated, to the country of despotism. Thus we have secured the holy faith of our fathers, and the throne of Fer dinand the beloved, more firmly than ever was that' of Castile ; since never did the people give such proofs of love to their monarchs, nor ever did a con stitution so aocurately definelni laws and rights, nor so intimately and closely connect itself with your re presentatives. This is the government which has succeeded that you have seen disappear. And what 'confidence ought it not to inspire, when in the midst of so many tribulations it has been able to prepare this day, so truly great, and by wisely directing your exertions, has contributed to deliver Europe friam that lethargy in which she so shameffilly lay plunged. si The prudence and wisdom of your Representa tives, aided by your eertions, have, by their exam ple, at length induced Europe to defend, with such success, the cause of liberty and honour s Let us then have confidence in the worthy Representatives of the people, and in the illustrious and respectable Re gency. Love to the Constitution and. to Ferdinand. To the support of these we ought to contribute to the inmost of our power. Confidence has been our pre servation,and religion the 'Constitetimy and Ferdi nand ought ever tobe our motto. Eternal execration upon him who shall enikaniurtsi withskay; us faun the. dtitres imposed upon us by the exalted name of Spa niards ; yes, of Speniards, who will never acknow ledge any other dominion'thao that of the law as expressed by the free yoke of their Representatives. The Public Authorities will in thin. respect give you an example; you will ever see them united in sup por t of the Constitution, the tortes, the Throne of Fer dinand, and the National Independence and honour. Madrid, ign Decembered) S ' i g ,: lo lB /1 1 1r .. GARCIA DOMENICH." . . OFFICIAL ART.ICLE.-:111 November last was intro duced Into Spain a Frenchman, from Bayonne, rka med Leclere, with a passport f ro m F er di nan d yr!: and letters from the same to various persons, the sub-. ject of which was applications for money. This Frenchman resided in the neighbourhood of Madrid; where, by the order of his Highness, he was detained; and sent to S. Fernando,aihere the letters he had brought were examined and compared ; and it was found, that though the hand-writing greatly resem bled that of the King, they were nzanifestly forged. His Highness being convinced that Deletere and the other Frenchman, his companion, were the forgers, ordered them to be committed to prison and kept in close confinement; in order to discover whether, be sides attempting to obtain money, they may not be employed on matters of another nature, and of worse consequence.-;-The Regency of the Kingdom has ordered that this notice should be published in the Government Gazette, as it would not be surprising if other Frenchmen should follow, under the sartm more.or, ides' One to dine. Kos 'Bentley, as to and tha aft Ciawfardatriat, ...5