Star. — London, England, 1823-11-13 00:00:00

I THE THEATRES. - -.or-- DRURY-LANE. 7'lle Winter's Tale, and he Cataract of the Ganges, b ro ught a most splendid attendance yesterday evening. Th e play called forth the loudest applause; vind the Afterpiece was equally successful. COVENT-GARDEN. Last night the Operatic Spectac le o f Cortex , or the L ir ! Conquest of Mexico, was again performed, and met with t h e same decided approbation as it has hitherto c a p e . f i n *. Miss PATON was in fine voice, and sang her lv g: with great execution. Miss LovE was also much applauded. The Farce of A Roland for an Oliver fol ds l owe d. Miss Fooves waltzing song was encored with ys tapWrous applause. RATNER made an excellent Fix . per, an d his jealous fit on account of the supposed misfortune of his rib at Taunton Races, was admi t. ably depicted. COURT OF KINGS BkNCH.-TIIIS DAY. --05. , -- EX-PARTE STATEMENTS. This morning the Grand Jury for the County of Mid dines were sworn in, at the Court of King's Bench, at W o tminster, before Mr. Justice BAVLEY ; after which the Learned Judge addressed them, pointing out the I natur e of the duties they had to perform, and in. the I coon , of his charge, called upon them to perform such d ef ies, in each c:r,e, without any reference to statements which may have appeared in the public prints. " It is (said the Leai ned Judge) a misdemeanour to publish reports of any examinations before Magistrates previous to the t rial of the defendants, who must be seriously injured' by s uch publications, and cannot expect to have justice slone them. Such ex-parte statements excite prejudice, and are contrary to the spirit of the Constitution of this country, as rightly understood. They are calculated to prevent the due administration of justice, inasmuch as they confuse the Jury and the Judge, and have fre quently been forbidden and condemned by the highest Authorities. Indeed, reports of transactions and state- ' 1 menu of private examinations have in such a way been latterly sent forth with the Editors' comments upon them, that they are calculated totally to deprive the accused of an unprejudiced Jury." As the Court bad mentioned the very gross impropriety of such publications ; he hoped their censure would have the detired effect, and in future, in a great degree, check this most incalculable evil, without its being at length necessary to resort to harsher measures. The Learned Judge again cautioned the Jury on the subject, and after alluding generally to the late horrible transactions at Gill's-hill Cottage, directed'them to retire, observ ing, that if, in the performance of their duty anything of a difficult nature came before them, on applying to the Court every assistance would be afforded them. It was confidently stated in Court, that a Special Commission will be issued immediately, for the trial of the person> accused of the murder of Mr. Weare. THE KING V. THE. MAGISTRATES ON YORKSHIRE. Mr. SCA RIATT applied to the Court for a Mandamus on behalf of Mr. Stapylton, under the following circum stances:—Mr. Stapylton, the visiting Justice of the House of Correction at Beverley, in the exercise of his duty, discovered that prisoners who were remaining for trill weie pl4eed at the tread-mill with those who were convicted, and obliged to work in a similar manner. Considering such a proceeding improper, he represented it to the Bench of Magistrates; but finditg his efforts unavailing, he sent in a protest against the proceedings. This the Bench refused to take into consideration, al though he repeatedly requested them to do so. To compel them, how ever, to consider of his protest, he now moved the Court tor a mandamus for the purpose. The Learned Judges observed, that where an indivi dual is placed in prison for any offence, he has the usual allowance given h►m ; and to obtain better, he might, if he pleased, work for it: but if the Magistrates saw a' prisoner who was idle. and refused to work, then it was their duty to make him. They therefore saw no ground for granting the mandaneas.—Application refused. LADEN V. JUSTICL This was an application made on behalf of the de fendant to be discharged out of custody, on filing com mon bail, on the ground that she was a married woman, of which the plaintiff was informed at the time of her arrest. The plaintiff now sheaved cause against the Rule, and contended that the defendant was not entitled to the relief prayed, as she was living separate from her hus band, who resided out of the jurisdiction of this Court. The cases of De Gaillon v. L'Aigle ; Rutherford v. the Duchess de Pienne ; and the case of the Duchess of Ma zarin, were cited, in all of which a similar application had been refused on the same ground. Mr. Serjeant PELL appeared to support the rule, and said that the Court would be inclined co grant-the re lief prayed by the defendant, especially as the attorney would be ready to undertake for her appearance at any time that she should be required. Mr. Justice PARK delivered the judgment of the Court, and observed, that in this case no sufficient cause had been shown to induce the Court to discharge this defendant in the manner prayed. In all the cases cited by the plaintiff, and in another which was reported in henry Blackstone, the Courts had declared, and acted on the principle, that a woman who was living separate from her husband, although she had no separa:e main tenance, was subject to arrest for debt, and could not be discharged on filing common bail, but must be put to pleading and proving her coverture. Mr. Jus tice Heath, in one of those cases, had declared that the simple affidavit of the person seeking to be dis charged was not sufficient, but she ought to prove it in the regular way. As to the offer of an undertaking by the defendant's attorney in the present case, his Lord. ship observed, that though that gentleman might well. undertake for her appearance, he would not undertake to pay the costs, if the verdict should ultimately be against the defendant, who was now residing out of the jurisdiction of this Court. TR! VAGRANT ACT. Mr. Hutaturson moved against the conviction of Benett, the Magistrate of Worship-street, on be lhalf Of a person named George Furnace , who had been 'sentenced, and was now undergoing the punishment of the tread•mill, on a charge of indecent exposure, that the defendant might be forthwith discharged, or brought .rap into this Court by Habeas Corpus, in order to put in bail, intending to appeal to the Sessions. The circum stances under which he moved were—Mr. Benett con victed Furnace, under the Act 3d Geo. IV. which - gave as appeal to the Quarter Sessions; by virtue of which the defendant, intimating his intention to avail himself thereof, tiered to give bail, which Mr. Benett refused to accept, and immediately sentenced him to the punish ment of the treadmill for one month. Now the hard ettip in this case was, the appeal could not be heard un til The textQtaartct Sessions : whilst, during the interim, the month would expire, and the defendant have un dergone this degrading punishment, against which the Act gave the right of appeal, Certainly without cone templating that the punishment would first take place. The Learned Gent lemansaid, he believed the papers con nected with this conviction had been sent to Mr. Justice Bayley, who was thereby put in possession of the case. Mr. Justice BAYLEY—I remember the case of George Furnace. He must have his writ of Habeas Corpus. It is his own fault that he has not had it before; had he ap plied to me when the papers were brought to my Cham bers, I would have granted it, but he delayed it till Term time, when one Judge in Chambers could not grant it. LYSTER V. BROWN. This was an action for removing goods from a farm to avoid distress. Thomas Brown the elder, finding that he could not continue to pay the rent of his farm in the altered state of agriculture, had entered into arrange ments to transfer the farm to his sons, and to make ap plication for a lease in their favour at a reduced rent. Application was actually made to that effect, and Mr. Lyster's bailiff held out hopes of its being agreed to, but a lease was not given to the sons. There were arrears' upon the farm for which the sons were to become liable,, but the lease not having been granted to the sons, the' father undoubtedly continued to be liable.. The father.' left the farm and resided at a distance. At the time of the transaction in question, he was OR a visit with a married daughter. Two of the sons, at Lady-day last, removed the goods from the farm to a farm belonging to one of the sons. This was the act of the sons, yet the action was brought against the father as ,the principal. A witness said, that Thomas, the eldest son, told the father on the evening before the goods were removed, of the intention to remove them ; and the father fear ing that he would be liable for the arrears sent to a Mr.l Stringer, who was a creditor for 1001. desiring him to help himself. Mr. Stringer did get some heifers con signed to him, which he afterwards gave up to the plaintiff's bailiff. The Learned Judge had directed the Jury to find whether the father or she .sons had con trived the removal of the goods ; and, if the sons, whe ther the father approved. The Jury found that the sons had contrived and the father approved. The motion now was for a rule why the verdict should not be en tered fer the defendant, or a new trial granted, on the ground that the action was against the father as princi pal, while he was proved only to have been accessary. The Act of Parliament made the express distinctiqn of principals and accessaries in this case. Mr. Justice Iheurr—But all are equally liable. C.tts► Juirrsce—lf the tenant is not liable in this ease, the Aet of Parliament is completely defeated. Mr. Pssaisots still submitted, that as the Act was penal, Thomas Brown, the father, ought not to suffer as a principal, when he was only accessary. Cm? Jus73ol—lt is remedial as well as penal. CURIOUS EJECTMENT. DOE ON DEMISE OF JOHN G. PARKER V. SARAN PARKER. This was an action of ejectment brought by the lessor of the plaintiff, John George Parker, described to be the son of Richard Parker, who suffered at the Nore, in 1197, to recover possession of an estate in the neighbour hood of Exeter, which he claimed as heir at law. The cause was tried before Mr. Justice Burrough, at Exeter, and the Jury found a verdict for the plaintiff. 1 The circumstances of the case are extraordinary, and evidence was brought to shew that the claimant and successful party bad obtained the verdict of a Jury in his fa►our by gross fraud and imposition. The Court, without hesitation, granted a rule to shew cause. Viscount CHATEAUBRIAND had a splendid Levee OD Saturday evening last. The British Ambassador and all the Coq: Diploniatique were present. The Vis countess and a numerous train of the French Nobility also attended. The Diorama in Paris exhibits an internal view of the ruins of Holyrood•house, Edinburgh, which has been attended by crowds. The view is by moon-light. The remains of the venerable SICARD, Teacher of the Deaf and Dumb in 'aris, who died some time ago in poor circumstances, have been disinterred, and laid in ground purchased by asubscription set on-foot . by M. Ullsox LADEBAT, Paris, where a monument is erected to his memory. It is an extraordinary circumstance that the French Government, who appreciated the ta lents of the Abbe, did not supersede the necessity of such a subscription, to accomplish an object to keep alive the memory of one of the greatest benefactors of the human race. 11Ircutwettorir Inque4 was taken yester day, at the Yarmouth Town, Old Gravel-lane, on the bodies of John Sinclair and William Foster, two ships' apprentices, aged one 19, the other 16, who on Monday fell from the ship into the Thames, and were picked up yesterday. Verdict," Accidentally drowned. " The story of J. Thurtell having been in the German Legion, with the gratuitous addition of bis murder of a Polish Officer, is formally denied by an Officer in the same corps. EMIGRATION TO CANADA..-.-.EttraCt of a letter from Montreal, dated Sept. 20:—" The steam-boats Lady Sherbrook and Swiftsure arrived here last week from Quebec ; on board the first there were 287, and in the latter 277 Irish emigrants, being .a part of those for whom passages were provided under the superintend ence of Mr. Robinson. We understand that another vessel is now on the way from Ireland with a full cargo of settlers, and that many more may be expected in the spring. The measures taken by Government are well calculated to insure success to. the emigrants in this country, and to relieve the inhabitants of both Quebec . and Montreal from a very unpleasant burthen with which the former wretched state of these wanderers taxed their humanity. The emigrants are now to re ceive a free passage and provisions, and to he forwarded at Government expense trom the place of their land-. ing to the spot laid out for their location, and to be put in immediate possession of the quantity of land allotted to each individual free of every charge.— A special order from Lord Bathurst has been received in this country, directing that the emigrants shall re ceive one year's rations, to commence from the pericid they take possession of the land, and to be distributed in proportion to the number of each family. They are also to be provided with farming utensils, and with one set of bedding . for each family. We have heard likewise that a cow is to be added. This mode cannot fail of producing the good consequences which the t;ovein nient is so desirous of effecting. On the arrival of the emigrants by the steam-boats above-mentioned, fifty eightcarts and two caleshes were piotured at this place, to convey them and their baggage to La Chine, on their way to the township recently laid out, on the south-side of the Ottawa, or Great River. During the period of their remaining at La Oise the, word she Gowen . meat /Wracks: , .„ t= 4 BANKRUPT coivmnTsp•ro„NEWGATE. At a Meeting held on Tuesday at the Office of the Court of Commissioners, in Basinghall-stteer, under u Commission of B an k ru pt, against P e rry Plyer ' Andrew, late of Brighton, grocer, the bankrupt was examined to the following effect:— By F. Vaster, Esq. one of the Commissioners..DO you still abide by the items of the account you first de livered, of £303 10s. 10K.d. lost between the 11th of May and 13th of August, by selling 12s.tea at 10s.and 10s. tea.at 9s. and sometimes Bs. and. other articles in rotation, according to the prices, stating your receipts . to be about £3O a week, and of £l6O as the expenses of your family, consisting of nine persons, during the same period, being at the rate of £l4 to £lB a week or do you abandon those items, and retract your state meot in your last examination, that you had given money, bard upon Elte, s in.tisio or three 'sovereigns at ; a time, to a woman of the town at Brighton ; and upon the extravagance of your son, who, you stated, to your belief, had taken your money without your knowledge, and spent it? I cannot swear what my loss by under 'selling amounted to; I can say I lost n:oneyl know; I think it is true that I have spent £l6O for living, but there is an error as to the rate; I think l spent about £ll a week ; and I think I have given nearly £lOO, or iquite t to women of the town at Brighton ; and I think my son has taken my money, but to what amount I know not.—Having stated that you kept an account of , the expenditure of one week, can you produce that ac count? No, 'cannot. I kept no account in writing; I kept it only in my mind. It came to about £2O every week, including what I paid for clothes, &c.—State the name and place of abode of any woman to whom you have said you gave money ? I do not know their names, or the ; places where they . liveA.—Can you mention any person to whom you complained of the extravagance of your son ? I do not know that I did complain to any person. —Have you any further answer to give to any of those questions, or any further explanation or account in any other manner, of the deficiency of your estate? I can not recollect. When I left Brighton, I came away with £350, £250 of which I gave up to the creditors, and the other £lOO was for myself and family, which I have given an account of. The whole of my property I left behind me. I left it in full power of my shopman. The shop was open a full fortnight after I left; I cannot say how it was managed. • I. never saw it afterwards; but I have paid sums.of money away, but to whom I cannot recollect, not having taken vouchers for them, which is A farther explanation to account for the deficiency. I mean that I never saw the shop or the property after I. left Brighton. I • The bankrupt having no further explanation to offer in answer to the questions of the Commissioners, was the same night committed to Newgate. DESTRUCTION OF 7'HE FAZELY MILLS. Sunday last, about two o'clock, At. M. a fire broke out in the extensive cotton mills of Sir ROBERT PEEL, Bart. at Fazely, Staffordshire, in the occupation of Mr. Joan HUNTER, which, owing to the combustible name of the property therein, raged with such fury, that in the short space of two hours the whole of the very valuable machinery, which had been considerably aug mented, within the last four or five weeks, together with the stock of manufactured cotton, and that in process, were entirely consumed, and the• buildings, excepting the mere outer walls, were razed to the earth. The engines, from the print-works of Messrs. E. PEEL and Co. at Banehill, and from Tamworth, were in early attendance; hut before their arrival, the fire had be come general and appalling beyond description, and every effort to arrest its ravages was unavailing.— Through the laudable exertions of the persons assem bled, the greater part of the stock of raw cotton was saved, and insurances had been effected in different Offices, which render the loss comparatively inconsi derable. The calamity will be severely felt by a vast number of families dependent upon their employment in these•mills for support; but this is likely to be but of short duration, as active preparations are making for the immediate erection of other mills on the site of those consumed. It is not at present ascertained how the fire originated. CIIE4P MODE OF MANUFACTURING A BAROMETER. Take a common phial bot , 'and - cut off the rim and part of the neck. This may be done by a piece of string, or rather whip-cold, twisted round it, and pulled strongly by two persons in a sawing position, nne of whom holds the bottle firmly with his left hancf. Heated in a few minutes, by the friction of the string; and then dipped suddenly into cold water, the bottle will be de capitated more easily than by any other means. Let the phial be now nearly filled with pump water, and applying the 'finger to its mouth, turn it quickly upside down: on removing the finger, it will be found that only a few drops escape. Without cork or stopper of any kind, the water will be retained within the bottle by the pressure of the external air, the weight of air without the phial being so much greater than the small quantity within it. Now let a bit of tape be tied round the middle of the bottle, to which the two ends of the string may be at tached, so as to form a loop to hang on a nail : let it be thus suspended, in a perpendicular manner, with the mouth open, downwards, and this is the barometer. When the weather is fair, and inclined to be so, the water will be level with the section of the neck, or rather elevated above it, and forming a concave surface. When , disposed tb be wet, a drop will appear at the mouth, which will , enlarge till it falls, and then another drop, while the humidity of the atmosphere continues. To the truth of this experiment, I can give my pro batuns est, but shall be glad if any of your scientific' correspondents will explain more particularly the ratio of it.—Why will not the water• remain in the bottle, unless the rim be cut off? which is the fact. Why should the tooter drop in moist weather, when (as I have tried) holding the bottle before the fire will produce the some effect ?—Calcidta Gazette. We understand that the public-spirited Proprietor of, the Monsiag Chroxick and Observer Newspapers, has subscribed towards the establishment of that laudable association, the London Mechanics Institute, the mu nificent donation of - One Hundred and Twenty Guineas! YOUNG. CovstraiTua.--There is at' present in Mr. Finlay's shop window an etching of the death of Arch bishop &bum. A correspondent informs us, chat yes terdiy, while two Gentlemen were looking at the pic ture, one of the* said (referring to the subject), " That was a bad business," when a boy, who was also at the turned to them with an angry ixprestion t and said, in a eta' rewitto tßike, " deseivs, , .._AT VORmicif; i j - -41 :a :iq » zairh • THE LATE HORRIaJWURPEA aO.llO, •"• • • Tuesday even;hg, shout fbtit - or fiVedittock, an officer arrived. in town with instructions for the arrest of two persons who were known to be associated whir John Thertell and Hunt in several gambling transactions: The warrant having been backed by one of. the Divi sional Magistrates, the officer immediately proceeded to the respective abodes of the parties, one of Which is in the Lambeth•read, and the other not far from the Am phitheatre, Westminster-bridge. After a vigilant en quiry, he was enabled to ascertain that they ha.d both left town in the early part of last week, but the direc tion they had taken was either unknown or kept a secret. However, the arrest of those persons, whoever they are, could, we presume, be, of little consequence in the present state of the proceedings. Ir has been already stated, that warrants had been granted by the Watford Magistrates, and hacked by Sir R. Wylie, against several individuals who are sup posed to have, in some way or other, been implicated in the murder. In addition to those against whom sus picion points, the officers have been night and day on the look out for a - roost desperate character; one of the London sharpers, who was the bosom friend of John Thartell, and well acquainted with the unfortunate Weare. They scoured ail the haunts at the west end of the town, where it is well known he nightly Asited, but he was not to be found till a laWhour on Tuesday night, when, in a manner most extraordinary (which for the present we refrain from describing), they discovered him at a house in the liainpstead-road. On being told upon what subject he was ssanted,". his countenance turned pale, and he scarcely spoke a word. He was secured and carried to Bow -street, from srlie: - .ce he will be taken before the Her:tOrd Magistrates. We could not ascertain his name. Upson and Yeates were the officers who apprehended him. Mr. Noyes and his sister having been brought from St. Alban's, underwent a long examination on Tuesday. The proceedings of the Magistrates - were not brought to a conclusion till nearly six o'clock, when Mr. Noyes and his sister were again sent back to St. , Alban's Two other witnesses were examined in the course of the day, namely, ltushingham, the man from whom . Hunt bought the sack and cord ; and Thomas Heron, the ostler, to whom Hunt delivered the horse and gig, the morning after the removal of the body of Mr. Weare from Probert's garden. The latter man describes the cushions of the gig to have been extremely wet and dirty when brought home, and also says, that the horse was much distressed. The manners of Hunt, he adds, were extremely agitated. With respect to the policy which Britain would pursue in the event of an attempt being made on South Ame rica, it would no doubt depend on circumstances. That she will immediately recognise the independence of South America, seems probable; and indeed the ap pointment of Consuls is either a virtual recognition of these States, or a step to it. She has a clear right to do this; and she ought to exercise it. She is not hound, in this matter, to consult any other Power; every inde pendent State having the right to act for itself. Whe ther, if the French troops are sent over to assist in crushing the new born independence of South America, Britain will interfere as an ally of the Independents, and take part in the war, is a question quite distinct from that of the policy of recognizing their separation from the mother country. Before tiking such a step, much consideration would be necessary. Having been neutral in the cause of .Spain,. on the san e ground she might remain neutral in the cause of her colonies ; more especially as she may consider that the business of repel ling the unjust attack of France may be better done with-- out her. The United States have an equal interest with Great Britain in the protection of South America. But we do not suppose that they will go to war with France on this account ; and why then should Great Britain step forward as a volunteer in the cause ? .At the same time it is evident that with all these wars going on around us, and armed squadrons of the belligerents cruizing in those seas which are covered with our trading vessels, causes of provocation may be given; this will give rise to remonstrances; and to what issue these may come will depend greatly on the tem per of the different parties. If they are carried on in a spirit of jealousy and haughtiness—and if the old and unhappy ~ animosity be once awakened be tween Britain and, France, every new remimitrance will only widen the breach ; the slightest differences may be aggravated into a serious quarrel; and the two nations may be agaiu plunged into a war which na tional rivalry will protract, until animosities are engen dered which will make peace impossible; and thus the two countries will go on warring, who knows bow k long, without any rational object, until, wearied with the struggle, they agree to a peace which they might just as well have concluded some ten years before. We may hope, however, that a policy, temperate but 6rm, 'may yet preserve us from those calamities, and guide as through the narrow strait of neutrality, w ithout striking on any of the rocks or shoals which lie in our way.—Cededonian Mercury. • FALL OF A HOUSE, MANY 1 6 11180 M day evening, between seven and eight - otclnek; an old house, Cannon-street, Patrick's-close, Dublin, fell down and buried many of its inmates in the ruins.—The lancholy accident was occasioned by the inmates cutting away the braces and other timber of the house, which had been condemned a few days previous. ASSASSINATION OF TUE REV. SIR W. READ.—We :learn from Clare, that on Wednesday se'nnight, as ate Ai*. Sir W. RIAD was passing from his own hOusi to a Bishop's Court, at liill4loe, he was fired at sill! Raheen, and two balls were lodged in his body—p* near the left shoulder, and% die other in the thigh. The balls have not been extracted, and fears are enter tained for the unhappy Gentleman's recovery. There was lately some dissension between himself and his yalishioners abotit the Tithe Commutation Bill.--Dun. ! in Register. Tire MORNING CIISONICLIS.—Country Agents who have been accustomed to obtain their Newspapers films London by the early Morning Coaches, are informed, that The Morning Chronicle is, regularly published td the Newsmen at the early hour of -Five o'Closk every Morning. It may be obtained id every town within odd hundred and twenty miles of Loidun,:ort . the itaraits publication, if sent of- by' the Morn rig Coaches. 81'04 • the Proprietors oir•Lfbraries; Iteadinvtiorns, tit* Sal find any difficult) in . nbtaining the C*roniter 'WOW early Morning COiches, they can Ins 4440 1 , plied by Meicrs. Smiths, No.: 02, Strand‘'lgt.' Creed•lane; tudgitte , hill ; Mr. Bellamy, Ilttfeamr ou ,street, Lincoln's..inn-fields; or Mr;:'Appletasit '3 At street, A delphi, tondOn. dPkt the tiirootia has invatiaht( 'phhroliti l k" ; . o Clack every .BiNroing,.... s - '