Star. — London, England, 1822-11-29 00:00:00

POETRY. ON TOE DEATH OF MRS. BLARE, wao PlRismito WITH COLD IN InCIO41;21, Int, ON TIM aunt um:lmM IN VSILIIONT, NEAP. JIIILnorrON, Alumna. The cold winds swept the munOkulhe Wed. And pathless was the dreary wild, And 'mid the cheerless hours of night, A mother wander'd with her child! And colder still the winds did blow, And darker hours of night tame on. And deeper grew the drifts of mow—. Her limbs were chin. her strength was gone—. 0, Gon!" she cried, In accents wild, * If I must perish, save my child!" She script her mantleTrom her breast, Aisdbsed her bosom to the storm, Andvennd the child she wrapt the vest, And smird to think her babe was warm t With one cold kiss, One tear she shed, And souk upon her snowy bed! At dawn a traveller pamNl by, And saw her 'math a snowy veil—e- The frost of death was in her eye, Her cheek was cold, and hard, and pale+ Ile moe'd the robe from off the child, The babe look'd up and sweetly smird! COURT OF CHANCERY, NOVEMBER 28. P.VRE HURST V. L OWT RN. The LORD CHANCELLOR. --This was a demurrer against interrogatories put by the Master. There ap pears to me to be no ground for sustaining the de. murrel . , unless the witness should by his answers be come liable to pains and penalties. If his answers should have that effect, he has already answered enough to make him liable. But it does not appear that he is liable to any pains and penalties by angrier ing these interrogatories. I should have thought , that it would be extremely discreet, however, in the plaintiffs, to new model the interrogatories, because the ore-tenth part would be sufficient, according to my view, to elicit all that is required. There are cer tainly difficulties which I do not know how to get rid of, but still I think that the ground taken in this demurrer cannot be maintained. With respect to the relevancy of a question, I do not think that it is proper, in a witness to object on that ground , if rye plaintiff' does not object. A t Nisi Plias, the Judge can see by the shape of the question, whether the an swer would be relevant : here we cannot do so. You may here ask whether you are informed ; yet yeu may not be allowed to ask by whom you are informed. The latter question might here lead to material con sequences. I cannot help again saying, that the qUestions ought to be remodelled. THE PORTSMOUTH CAUSE. Mi. HORNE said, he was instructed to mention the eastof Lord Portsmouth, for the purpose of having a day fixed for bearing it. Any day his Lordship might fix upon they would be ready ; but unless a day Were fixed, affidavits would be coming in by dribleti without end. The Loess CHANCELLOR.—I wish some day to be named, after which no affidavits shall be filed, ex cepting at the instance of the Court. bIr..SHADWELL suggested the next petition day after the next seal. The LORD CHANCELLOR.—And thereby shut out all petitions which I ought to hear on that day, and at the same time not be able to get through the Portsmouth cause. In the nature of things, more time cannot be required for affidavits, this being the 28th of November. But until all the affidavits are filed and seen by me, I cannot know how to state the case to physicians. Mr. HORN v. thought they were in duty bound to pledge themselves, on his side, to the Court in this manner. If his Lord-hip mentioned a day after which no affidavit would be received, he (Mr. Home) took it upon him to say, that the order would be ad hered to. They could not answer for the other side. The Loan Cu Ncet.t.on.—lt should be allowed, I think, until the first day after the first seal. Will that be sufficient time? Mr. HORNS.—Quite. Mr. SHADWELL said, the day after the third seal might be appointed for hearing it, as his Lordship wished to see the affidavits before he instructed the medical men. Dlr. Holism thought the day after the second seal would be better. The Loan Cuancer.ton.—This I shall do. I have directed affidav'ts from time to time, till the first day after the first seal, after which no affidavit can be made, unless called for by the Court. After that day I will let you know what day may be finally fixed fur the cause coming on. RIONTOOMERT V. THE ASSIGNEES OF RUSSELL AND OTHERS. - Mr. Br.ton had yesterday obtained an Injunction to ,restrain the defendants from selling by auction the goods of the bankrupts. Mr. HORNE applied this day to have the Injunction discharged. Thete had been two commissions—the first on the 25th of October ; the second, after a third partner had been discovered, on the 7th of November. it was resolved to dispose of fancy articles in the silk trade as soon as possible by. auction. Liberty of view was given to persons who might be supposed desirous of purchasing. But a Petition had been filed for an Iry junction to prevent the sale,• on the ground that a fourth partner had been discovered. The LORD CHANCELLOR.-4 asked how long before the party who applied for the injunction had beard of the sale, and why they had not given notice? Mr. Bligh, in answer, said that they bad beard only the day before, and that the advertisements were but two days old. , Mr. BLIGH (having i est come into Court) said he was surprised by an a davit having been filed to dis-! charge the injunction, as he bad received no not ice.. Mt. Homes said a notice had been g iven. Ha Learned friend probably meant brief. Mr. Bvtou hoped hisLordihip would not allott the sue to go en. Honen read the affidavits on which he moved. The sale had been industriously made known. Every arrnogement bad been made for the sale, and he hoped his Lordship would not prevent it. Flr..Butsa begged to refer to the facts - of the case. The assignees had only been chosen en Saturday last, sad that very day they had determined on the sale for Wednesday alai o'cloek;TbeffgekWfikilnk to bell seen only by ticket. Was that like a fair public aut. tion ? They were advertised to be soM at prieie•cose Braganza shawls, stuffs, .ttc. were al} advertised to be sold by auction at lerrtne cost. Hoy/ could they know that they wera.tibe sold at prism colt? Yet this was she way in which £.5000 worth of goods wee to be diskosed of. He had to state , to o, t h at the S onde had bee n removed, in collusion, to a'considerable amount. There were, too, four partners no* disco.: vered. The usual mode in sach a case was, to super sede the commission against three, end to issue a new commission: Mr. HORNS was very glad that hisLeatned Friend had now got hit brief . But his Lordship would see that the Petition was here against the three Russells, not against Todd. As to the ticket, did his Learned Friend contend that all the rabble of London were to be admitted to see his Braganza shawls? Under the former commission, k had been thought that the mode now proposed was the most beneficial mode of sale. The sale was made well known ; and though the advertisements had not beenlong published, there had been bills in the windows long before. The LORD CHANCELLOR..--I cannot, it would be rash in me to direct how the sale should be made, therefore, the assignees will sell as they think proper! and at their own peril. If it be the property of four, and not of three, notice can easily be given. Mr. HORNS.—Your Lordship will allow costs in this case. The LORD CHANCELLOR....-I believe I must. If it be the property of four, you can (to Mr. Bli g h) want no assistance from me, for you have only to give no tice to that effect at the sale. The Injunction was discharged with costs. COURT OF KINGS BENCH, NOVEMBER 28. GARD V. FORREST. The defendant in this case, a yenman of the King's Body Guard, was arrested in the Palace Court. He applied to the Judge of that Court for his discharge, on the ground that the Court had no power to hold him to hail; but his application did not succeed. He then put in bail, and removed the case into the Court of King's Bench, and was obliged, in order to bring the case before the Court, to put in and perfect bail. In the meantime a writ of inquiry was executed in the cause, and the damages estimated at 401. On a former day Mr. Marryat obtained a Rule to skew cause why an exoneretur should not be entered on the bail-piece on the ground that the defendant was pri . vileged from arrest. Mr. EARLE now shelved cause against the Rule on three grounds :—First, that the defendant being at large on bail was able to perform all his duties, and, consequently, there was no ground of inconvenience to the Crown or the Public, on which alone the Court would interfere; secondly,-that as the defendant had voluntarily put in bail for the purpose of bringing the case before a higher tribunal, he could not now be permitted to treat the proceedings as invalid ; and, lastly, that having unnecessarily delayed the plaintiff by removing the cause, he presented himself t• the Court under c►rcemstances which would induce them to refuse him summary relief on motion, and leave him to his writ of privilege. Mr. MARRYAT, in support of the Rule, urged, that though the defendant was now at large, his bail might at any time render him, and thus prevent him from discharging his duties; and wherever a party on surrender would be entitled to his immediate dis charge, the Court would not compel him to render for the mere purpose of discharge. The defendant was compelled to put in bail, in order to bring his case before the Court; and therefore he ought not to be concluded. The Cover said, that their opinion was formed on the peculiar circumstances of the case. They must presume that the Judge of the Palace Court had de cided according to law, and therefore there was no ' sufficient reason for the removal of the cause. The putting in bail was therefore the voluntary act of the defendant, and the Court would not discharge them. They might ask the consent of the Chamberlain to render him, and if the consent was granted, the render would be legal.—Rule discharged with costs. THE KING V. THE VICE-CHANCELLOR OF THE UNM• VERSITY OF CAMBRIDGE. Mr. SOLICITOR-GENZRAL produced the affidavit of Mr. Jephson, stating, that he was a candidate for, the office of Professor of Mineralogy, and that .he. now was desirous of being adinitted to the office, and of performing its duties. The LORD CHIME JUSTICR observed, that the affi davit did not state that Mr. Jephson had always been desirous of executing the duties of the office; nor how long, if admitted, he would continue to perform them. The SOLICITOR.GIGIRRA L and Mr. STARK'S urged, that even if a party were elected without his consent, and afterwards chose to fill the office, he might claim to be admitted with as much propriety as if he had originally sought to fill it. The Loan Owns Joanna, after some further con. versation on the subject, said, I have a strong opinion that this asendaisises ss applied for in order to obtain the judgment of the Court on the mode of electing persons to fill this - and otberProfeseorships, and not from a desire on the part of this individual-to receive the emoluments Of the &fide, and to discharge- its duties; and, therefore, if I were sitting here b/ my self, I should decline to .bear it; but some of my Isarned Brothers think that we ought to bear it, and therefore the argument may nceed. The Boucyroa-Clinsaan, Mr. TINDAL, STA It• ete, and Mr. Awes, argued at cossiderable length in reply to the prelinsinar7 objections taken on a farmer day to the proieeding by esandaerui—first, that the Professorship of Mineralogy was not an office of that permanent character and profit necessary to render it the subject of such interposition; and secondly, that the proper 'remedy . was not In this Cow*, but by ap peal to the King in Council. And first, they con tended that theeisce. though not eo confine of an cient date, was created by virtue of ancient laws, and pursuant to ancient p r actice. The first Professorship established by the University was created by grace in the year 1702, and was the Professorship of Che— mistry. The Professorship of Anatomy was estab ruhed in 1707 ; that of Botany in 17%; that of Music Stan after; and that of Mineralogy inlBoB, precisely in the form adopted on all previous occasions. These Professors were officers holding a high rank in the University ; ;hair had seats assigned them in church, they had a dymngdished place in all Proemial& of the ,Utieersi* they UN prelier of , the Proctors, they had important d uties to _ perfbini, and they' toot au oath for the due libellers , of those duties. One of the duties which they were thus sworn to perfor was to deliver tortures, for which the y were remit*: rated by those who attended them; and thus the pro. fits were not casual, but absolutely consequential on the performance of those functions which they were sworn to discharge. The Professors were elected froni time to time, by virtue not merely of custoiik but by a law of the University ; for before thegrace could issue, the Caput must be unanimous in its ap proval. It must then be submitted to the two housei of the Senate successively, and'sanctioned by a ma jority of each of these bodies. The Professorships were all holden for life—at least they had always been so holden, except in one instance of deprivation for neglect to perform duties, and one instance of voluntary resignation on the part of the Professot. Not only was the office created agreeably to ancient j l u sage—net only was it sanctioned by a law of the University solemnly passed—not only was it perma nent in its nature, tut it was also necessarily and re gularly productive of profit. The Professor had the controul over a collection of minerals worth nearly 1,5001. he received money from those who attended his lectures, and he enjoyed 1001. from the Crovin, which Parliament, indeed, granted for the purpose, but which Parliament did not itself confer on him. If a mandamus would lie to restore a schoolmaster in every case where therewas.an endowment, how much more should it lie to admit the person who was chosen by the University to fill so high and honourable an office as that of one of its Professors ? On the second point the Learned Counsel contended that there was no intelligible principle on which any complaint could be preferred to the King in Council. If the King were the visitor of the University, which was by no means clear in the sense contended for, be must visit, not by his Council, but - by his Chancellor.— There was, indeed, an instance of an appeal to the King in Council in the year 1669, respecting an Uni versity Officer, and in 1728 another reference of the kind was made; but these isolated facts could not be drawn into precedents to prove right, as it appeared that no objection was taken to the jurisdiction, and the parties might choose voluntarily to abide by the decision of that high tribunal. If the King were visitor of the University, in such a sense as to deprive the Court of jurisdiction, this would be a satisfactory return to the mandamus if it should issue, and the fact might be traversed on the return, and tried by a Jury. The case of the King v. the Vice-Chancellor of Cam bridge, 3 Burrow, 1647 , was an authority express l y in point to shew that the Court would interfere by mandamus ; for in that case, which related to the High Steward of the University, the objection was expressly taken, and overruled by Lord Mansfield. The cases of the King v. the Commissioners of the Bedford Level, 6 East, 221 ; the King v. Barker, 3 Burrow, 1156 ; ex•parte Townsend, Sir Thomas Ray mond, 69; the King v. the Bishop of London, 7 East, 32, also were severally applicable to the various parts of this case, and strengthened the argument that there was no objection to the interposition of the Court.— In reports of cases in the time of Lord Hardwicke, it appeared that a mandamus was _granted to admit a Regius Professor, whose very name would seem tr point him out as the fit object of the visitation of his Majesty. On the whole, therefore, the Court would see nothing in the preliminary objections to prevent them from entering into the main argument on the mode of election, which it was highly important for -the - interests of the University to settle. The LORD CHIRP JUSTICE asked the Solicitor-Ge neral whether, supposing the heads of the University had passed . no grace for electing a successor to Dr 4 IClarke, he could contend that the Court might grant a mandamus to compel them to fill up the office? The SOLICITOR-GENERAL replied, that this would certainly be more difficult. He referred to the mode in which the election of individuals to Professor ships had been notified, and read from a grace the words 46 eleaus Magister Bankes,"—a coincidence with the result of the late Cambridge Election which excited considerable merriment in Court. The LORD CHIEF JUSTICE observed, that it would be a great deal to contend that because it was thought convenient at one period to appoinn Professor for the cultivation of a particular science, the University ust always continue the Professor whether conve ,rtient or not. Suppose it should be found that the study of mineralogy was so attractive as to engross too much of the time and attention of the students, mightnot the University discontinue the Professorship? Mr. Justice Baxmr.—Yes; and the same argu.; merit seems to prove that the appointment of an in dividual cannot properly be for life. The Judges consulted for a few minutes, after which The LORD CHIRP Jusrtca said, it will be impossi ble for us to devote more time today to this case; therefore let the Rule be enlarged till the next Term. In the meantime, we will consider of the preliminary objections, and if we think that they do not exclude as from proceeding, we will hear further argument on the mode of election. TEN KING, ON MIL PROSECUTION OF ELLWALD, V. O'BRIIIN• Mr. CHITTY begged leave to mention this case, in which the defendant had been found guilty on a cri minal information for sending a challenge to the pro locutor, Mr. Ellwald, and posting him at the Royal Exchange. The prosecutor had intended to bring him up for judgment; but he had made an apology so ample, that, with the sanction of their Lordships, be would proceed no further. Mr. O'Brien bad sent a letter to Mr. Ellwald, acknowledging that he bad acted under the influence of irritated feelings—that he had since discovered that his irritation was en tirely groundless—that he begged to make as ample an apology as one Gentleman could mate to ano ther—and that he was willing to pay all costs of the prosecution, which Mr. Eilwald had kindly con sented to withdraw. Under these circumstances, he (Mr. Chitty) would move that the defendant might be permitted to go before the Master, who would tax the costs, instead of coming up for judgment. The COURT signified their acquiescence in this course.of proceeding. MR. HENRY HUNT. At the rising of the Court, which sat until past seven o'clock, this being the last day of Michaelmas Term, Mr. Henry Hunt, who had been waiting in Court the greater part of the day, presented hinsself, and informed the Bench that he had a motion to make. CHINA JusTure . .—Whatis your 11101,10ii r Mr. )goat?, —Mr. guntr-My X.ords, since last I had the plea. sure of seeing you, t have lost my eyes, and - there. fore I must take out my spectacles to read my mo tion. He then pat on his spectacles, and predating a paper, said, he humbly moved their Lordships for a Rule to 'drew cause why Charles Frederick Wil liams; Esq. Barrister at Law, should not be crimi. na lly prosecuted, for maliciously exciting, and en. deavouring to provoke Henry Hunt to commit a breach of the peace, and thereby forfeit the recogni. zances he was under to be of good behaviour. The Cuter Jusrics.—Mr. Hunt, we never enter. tain an application for a criminal information on the last day of Term. You may indict the party, if you think proper. Mr. Justice BATLEY said, that this was a settled rule ; but beside this, this was an application made by a private individual in a criminal matter, and he could not he heard but by Counsel. This had been solemnly decided. Mr. Hunt said, it . was not likely he should employ Counsel in such a case as this. There was an old saying, " set a thief to catch a thief," which he did no: chuse to act upon in this instance. He did not mean this offensively or personally to the Bar, but it could hardly be expected that he should employ one Bar rister to act against another. The CHIEF JUSTICE—Yon may prefer an indic‘. ment, if you think proper ; but we cannot hear you make the present motion, and at all events, not on the last day of Term. Mr. Hunt said he shonid not press this application; but he had now a complaint to make against one of the Officers of the Court, namely, Mr. Loshivon, the Master of the Crown Office, for extorting a sum of 1/. from him on the taxation of certain costs which he was obliged to pay some time since, upon the dis charge of a Rule which he had applied for to this Court, in order to relieve him from the grievances be laboured under whilst in Ilchester Jail. On that oc casion the question of costs was referred to Mr. Lush ington, and in consequence of a miscalculation in the account he was overcharged in a sum of It. ss rich he was compelled to pay before he could be released from prison. The CHIEF JUSTICE—Then yon had betLer apply to have the Master's taxation reviewed. Mr. Justice BAYLEY—There was a mistake of 1/. in casting up the account ? Mr. Hunt replied in the affirmative, and said he should not at present trouble the Court with a long affidavit, as they appeared to be fatigued, but he might possibly renew his application next Term. The COURT said he might apply on the first day of next Term, if he thought proper. Mr. Hunt then said he was desirous of knowing what had become of the case of the King v. Dr.Sto,i dart, which was in the cause paper for trial when he went to prison? The COURT said they could give him no informa tion upon the subject. Ile must apply to the Marshal's Office. If it was struck out of the cause paper, he might move to have it re-entered. Mr. Hunt did not press any of his applications fur ther, and concluded by saying—" I am happy to see your Lordships so well after my return from Ilches ter."—Here the matter ended, and the Court broke lc. col Ahont three o'clock yesterday afternoon, a coal waggon, in endeavourin,F to pass the cart iage of Cap tain BALI., near Popp;:i s court, Fleet-Jrcet, ran fool of the same, threw both the coachman and footman from the box, and drove the coach on 0 e wave tient, by which the window-frames and several ' panes J.: . glass, belonging to Mr. CAPES, were destroyed.— Fortunately there were no persons in the carriage, which received considerable injury. An Inquest was last night held at the Red LiGn, Aldersgate-street, on the body of Mrs. Ann Pearce, who was found dead in ,her bed. It appeared, on examining the body, that an artery had ruptured, and three quarts of extravasated blood was found in her chest. Verdict—Died by the Visitation of Goa. BI&TI1S Noy. t 2, at Barg*, the Lady of John Mackie, Rag. of a sou. On the 96th inst. at Wootton Bassett, Wilts, the Lady of the Rev. T. H. Ripley, of a son. In Dublin, the Lady of the Rev. Dr. Saodes, of twins, a son and daughter. Mrs. Bedford, of the Theatre Royal, Dublin, of a daughter. MARRIEd. In Dublin, James Hunter, Doi. M.D. to Mils Allen, of Donover, County Down. DIED. Nov, 15, at Dorchester, the residence of his family, aged 23 years, after a long illness, Captain Edward Robert Lambert, H.P. 21st Fuziliters, and late of the 64th Regiment. Sept. 21, at St. George's, Grenada, Mr. James O'Brien. Aug. 20, at sea, off St. Helena, on his return from Java to Europe, for the recovery of his health, John, son of the late John likKenzle, Fhq. of Kineraig, Who-shire. Nov. 18, in IRicitmond.place, -Edinburgh, at the great age of 106 years, Mrs Agnes Anderson, relict of the late Mr. George Mackenzie, of Stockbridge. Few persons have enjoyed such a length of. happy days in this world, and few have been so well prepared for receiving an ever-during inheritance in HT.AVU, than this amiable and excellent woman. She died in the most taint and collected manner, retaining the enjoyment of Ler mental faculties almost to the very last. It is believed she was the oldest inhabitant of Edinburgh, and was born and brought up there, as well as her ancestors for many generations. In 174.5, after witnessing the reception of the Pretender at Halytood House, she was struck with a musket ball fired from the Cabtie, while carrying her eldest son, who bore her head to the gt and who is now one of the oldest, most intellgent, anti respected citizens. TAR. BOLRIIAANL'S RED I'LL, No. 2. fa mous fur the Cure of every stage in 4 • , ,Irrtorn of a Cer tain Complaint- - The ',pia -. Met , : a:ing demand for this excel. k-nt remedy, clearly proves it to 'rave a stirortslng efficacy in every class of Venere..l As.ect:.ms, and ,ttsu&-s the confidence with wtich it has lorc been co:uldersd the mot convement, safe, and ctfectLal Toed:elle hidterto discovered. It quietly ar rests the progress of disease, and, by the mildest operation. dile charges it from the Fyn, tn. With each box is given a eOpiont direct;eah b• Olikh all persons are cm Med to care themselves with secrecy, without con6nemer.t or hindrance of bielsess.—rna only 4s. SI per box, sealed r ith red wax. Beware of Courterfidts.—.--Tbe Gosmioe Boer'haave's Red rib are sold byMr. Johnston, OS. Conant; I.lr. S.. ors, 150, Ozford street (opptatt. New Pond-street`; and all bleAcine r.-riets• MAILS. ♦sa. *s. nnblln 1 0 • Ka. ma. 1 , --anr.e 0 O Ilv.tb. •di 0 3 %Men t • 11.1.-. l ta 0 0 Gott .nburglt 0 1 3r-41 0 v —..—.. Waterford 1 0 Guernsey astd Jersey Q 0 • 1 0 Leeward Islands 0 0 WA'rghtat LON Lit/se ..h.st.• 3.. • • Bilrlasj • - "Unlit!. her 5 trt e melon - 25 rn;n.PF s af•er sal i~ONIION ; Printed and pubb+hecl by LIMA Kps, fassok plat* Tiumple4kt. F ;-.