Star. — London, England, 1817-12-24 00:00:00

Litre nvrELLiGE,NcZ. COURT OF CHANCERY, DIX. It& OPERA-HOUSE. WATERS V. TAYLOR. The Souctv o tt-G eh; EX A M y Lord. I have to request your Lordship. that a motion in this vase, which is placed in the Vice-Chancellos's paper, may he transferred to your Lordship's paper. When I name the case, I am sure your Lordship and the Gentlemen around me are faruiliar with it, from the repeated hearings which it. has received. It is, my Lord, the case of Waters and Taylor, and my re quest is, that this motion for the Receiver passing 'pis accounts may be transferred to your Lordship's paper, and be hearJ t., morrow . The Lotto Crimicw.on-0, it is the Opera ".f.use. Really, Mr. Solicitnr-General, when such case comes on the close of the Sittings, when will it end ? It one gets into the Opera-House on the last day o f the Sittings. I don't see how we call get out The S(metron-Gssiaaat.-1 should think, my Lord, it wnis't occupy much time to.mortiow ; and I should fondly hope your Lordship will order it to be put On the paper. The Lonn.CaraNcELLon—l'll hear it if I can ; but i! I were to promise you absolutely, I should make a very foolish promise, for I believe the motions specially fired for to morrow; would occupy at least three days. I know well the difficulty of getting rid at the Opern.House case when I once hear it.— IL; tale year mutton—l shall hear it if I can. FIT LEY v., DUIIAND. This was an application to restrain the plaintiff from proceeding to recover at law, as trustee, an an..uity of £5OO, which the defendant, at the time of his marriage, had engaged to allow his wife. in LLe contingent eveot of disagreement and separation. IL appeared that the detendant' and his wile had lived together in tolerable harmony about eight years, when differences having arisen that could not be amicably adjusted between them, a separation tank piece. and the stipulated annuity becoming a subject of fresh dispute. the question was argued in the Court of Exchequer, and a verdict hound for the plaintiff. To restrain proceedings on the ground of that verdict's being irregularly obtained, was the object of the pretrial application ; which was supported by Sir SAMUEL Romtwt, Mr. ROUPSL. and Mr. Fangs; and opposed by Mr. LILACIt and Mr. MARTIN. The Lotto CHANCELLOR took a learned and exten sive view of the subject. and of the laws, both civil and ecclesiastical, as relative to it. It was not upon light or trivial grounds, he said, the solemn bond and obligation of marriage was to be dispensed with. It did not belong to the parties to dissolve the ties and duties attaching to the matrimonial state. Com. pi:Unit - either side might be stated, and redress - wrongs be legally obtained. How tar in the Court of Exchequer was right . not Omsk-inquire ; but if it were er course to be taken by the plaintiff was AW by a writ of error. and ultimately, think fit, to come into that Court for re. any rate the application -at present tem Application rejected. - b 1 TALE MASTER OF THE ROLLS. • e•einome. of the general understanding. that it Gamer would yesterday take leave of tolls Court top crowded alnioat..-* opmed.. The crowd consisted Cilentleinen of the Bar, who attended to their respect for the truly respectable and uni. ected individual, who was about to re _ station which he has so long dignified; indeed, he has materially contributed to proverbial complaint of procrastination and the proceedings of our Courts of knowledge and acumen of this pro. enabled him clearly and quickly to merits of any case submitted to his —while his justice and judgment always unexceptionable decision. remaining cases which stood for the Honour were disposed of, Ptcoorr rose, and spoke to the fol. A' Upon your retirement, Sir, from istice in which for more than sixteen' presided, the Gentlemen of the Bar Court are desirous of expressing the which they are impressed, on an oc. regret and concern to them ; and on to offer an unfeigned tribute of that you have so abundantly merited— to so justly entitled. The promptitude your decisions have been as highly benefit of the suitor, as they have been promotive of the general administration of performance of your important and you have exhibited an uninterrupted displayed a temper never disturbed, ~ever wearied. You have evinced an impartial attention to those engaged in their protessional duties here, and who opportunity and enjoyed the advantage t conduct in the dispensation of justice, been- conspicuously calculated to excite to form sn illustrious example for Accept, Sir, the cordial and sincere wishes you leave devoted to the labours of with the gratifying reflections which &estimable reward of so considerable a life, so meritoriously and exempla. )os mar enlo o y m health and happiness your secession . business and labour, Is and anxieties of . a painful judicial sta. importance and eminence of which you -4 in so great a degree, and in so die manner, mad on which you have cast 1111 , which was delivered in a tone of dol l sincerity, seemed to affect Sir WILLIAM ly. He attempted to speak several succeeded, mitt thosgb be laboured to feelings, they were t ouch ingly displayed of his coomtenunce, and in the hunt tears which be could not controul. impossible (hr at length said) that I shook& 3tify gratified at the favoispisli agimiss Lileatiemen of the Bar hays exPellid* the satiation from which I ant anis and every other mark of their to them. • .time I have sat in this Court, I sha 110 with the utmost Wisdom', i stient:on, and respect. coodset tcoirards them has been only that to which their merit entitled them. rhey have•always been distinguished f , r learning in their profession, and the honour And libcrality which 'they have carried into the practice of it. Tbe ap• proba+ion ,f such men is truly valuable. I mealy, it wills pleasure, and I shall remember it with grati. rude. Gentlemen, farewell I—My bast wishes shall ever attend you." Sir Wir.r.tAm then left the Court, and the solem nity Of the occasion scarcely checked the spontaneous expression of that admiration which was felt by every one present. and which was so eminently deserved by thus distinguished ornament of the Bar. JURY COURT, ECJINEUROH, DECEMBER 1.1. Cillhl- CON.lltlitlC O OUTHIllE• _ This was the first action for Crim. Con. that ever came berme a Scottish Jury, and therefore it created a good deal of interest. Mr. SANDFORD opened the case, as junior Counsel, for the plaintiff: H e s t a t e d th at hi s client, who sued in forma jureperio, was a private soldier in the Royal Artillery, stationed in Leith Fort, and the defendant was a Mr. William Guthrie. a writer (attorney), in Edinburgh. In the year 1807, the plaintiff, then a private iii the Dumfries Militia, was married to a girl named Elizabeth Cairns. who bore to him two chil dren. Having volunteered into the Artillery, he re. moved to Woolwich, taking his wife with him, where they resided tu.tether happily and affectionately for some time, when lie, having been ordered on the ex pedition to Walcheren, and no women having been permitted to accompany the troops, his wife returned* home to her parents in Scotland. Atter the. men' of the troops from Walcheren. the plaintiff WAS sta tioned in different places ie England; during which period he and his wife corresponded in the most af fectionate manner, and, in evidence of that, a letter of hers had been produced, written in the year 1814. when the plaintiff expected to have been sent on fo reign service, and which was couched in the most affectionate term'. In the beginning, of the year 1816, the plaintiff was ordered to Scotland, where he found his wife in the service oaf the defendant; but he soon also found that her affections were totally idiom ted from him. In a short time, from the informa tion he received, he had no doubt that a criminal intercourse subsisted between her and the defendant. She was in the practice of dining at the same table. and accompanying him to the Theatre—things to tally incompatible with the distance which ought to be observed between a master and servant; nay, he had been observed to dine with her in her bed-cham• her; and, upon one occasion. had been seen lying . (no doubt alone) naked in her bed. Upon another occasion the dour of his hed-room was hound in the morning locked; and, upon being opened shortly afterwards, the plaintiff's wife was observed to come out thinly dressed ; and evidence would be laid be. fore the Jury to give every reason to suspect that she, in the latter end of the year 1516, had borne a child. Here was an injury committed by the defendant, who was perfectly aware that this woman was the wife of the plaintiff. But not satisfied with thus deeply hurting him in the nicest feelings, he added another injury: the plaintiff's wife having been de tied to him, he went one day to the defendant's house to demand access to her. when the defendant came out, and, after knocking him down stairs, ad ded still a third injury. by writing a most false and etalnuusiens loser pleintelPretnntWendlflf Mar f It was lot these injuries that the plaintiff now asked reparation at the handset a Jury of his country; and the learned Counsel begged of the Jury to lay out of view the comparative rank in life of the parties; and if the case was made out, as be had no doubt it would be, to give . ample damages , to strew the world that the laws would protect the poor as well as the rich, and, to put a stop to the growth of such prac tices in a country the morality of which was pro verbial. The issues sent by the Court of Session to be tried by the Jury were three t—lit, whether in the course of the years 1814. 15. 16, and Part of 17, the defendant did seduce and maintain an adulterous connexion, and commit adultery, with the plaintiff's wife; 2d, whether the defendant being in the know- ledge that the plaintiff was the hniband of Elizabeth Cairns, did violently assault and beat hips, and deny him access to his said wife, then living in adultery with the defendant; and &I, whether the defendant did write the letter to the plaintiff's Commanding Officer. The Counsel for the plaintiff now proceeded to call, Ist, witnesses to prove the marriage; 2d17, that the parties lived hippdy together ; Sdly, that the plaintiff was a steady, sober, peaceable, and inoffensive man; and then a vast number of witnesses were called to prove the acts of adultery, as stated by the Counsel for the plaintiff. One of the most material witnesses !or the prosecution was the brother of the defendant himself t and every exertion was made by the Coun sel for the defendant to get him rejected as a witness, owing to his bearing malice against his brothel, on account of a law-suit that, had depended betwixt them. and which he, the witness, had lust ; and also on the ground that be had given partial counsel to the plaintiff, by attending meetings along with him and his agent. The witness, however, having denied the truth of these assertions, on oath, or that he had 'any malice against the defendant, the Court allowed bias to be examined. leaving his credibility to the Jury. He gave evidence to the defendant being seen lying in Mrs. Kirk's bed, in which he was corrobo rated by the defendant's apprentice ; and he also gave evidence to the plaintiff's wife having been found early one scorning in the defendant's bed-room, with the door locked, the defendant being in a state of nudity at the time, except his morning-gown. A somber of other witnesses, some of them females who bud resided in the defendant's house, were called to prove that an improper connexion subsisted betwixt bird and the plaintiff's wife, which closed the case for the prosecution. Mr. imam, with his usual flow of eloquence and ingeistity, stated the ease for the defendant, and com- Menwid span the evidence which had been led. Mr. Jeffrey impressed upon•the minds of•the Jury the int proper conduct of the plaintiff in leaving his wife foe a period of between four and five years, unprotected, with a family of two chadren ; and if she had gone astray, ha was solsly the cause of it. He contended, however, that the evidence• was entirely circum stantial, and of the worst kind ; there was no proof of the adultery having been committed. The whole proceedings originated in a fowl conspiracy and cool-j Ignition between thodefendant's brother and i person of the nun of Hawthorn, who bad formerly been the deferulant's clerk, and with whom he had also had a law-suit. They had made this untortuustrf soldier a mere tool in their hands to vex and perplex the de. fendant. He, (Mr. Jeffrey), would ft ankly confess, that when he first looked into this case, and the., species of witnesses those persons -would no doubt' prodtice, he had advised the defendant to compromise matters with the plaintiff, and have done with bin, ; but his answer was, that conscious as he was of his innocence, he would defend the action to the last.. The learned Counsel then made a solemn appeal to, the feelings of the Jury how a verdict.of guilty in this case would ruin a youngman entering into life in the estimation of his employers; and after many other observations, proceeded to call the defendant's witnesses. These consisted chieAy of the mother and sisters of the piaintit's wife, who swore, that the plaintiff had behaved badly to her before they left Scotland ; that since his return be had threatened the life of the de fendant; that he had repeatedly informed them that the whole proceedings had been agitated by Mr. Haw. thorn; and one of the sisters swore, that she was in the house of the defendant upon rune occasion when the plaintiff came, demanding his wife, and that the defendant came out into the lobby and told him, if she was his wife to take her away, as he would not h tire his house disturbed. An attempt was alio made to prove that the defendant did not know that the plaintiff's wife was a married woman. Mr. J. P. GRANT, M.P. senior Counsel for the plaintiff, replied to the arguments of Mr. Je ff rey, and commented upon the evidence adduced for the defen dint hta most eloquent and ingenious speech of nearly two hours' duration, and contended that the acts of adultery had clearly and satisfactorily been made out. At•eleven o'clock at night, the LORD CHIMP COM MISSION an (Baron Arhus) proceeded to sum up. His Lordship went over the evidence at very considerable length, and commented in very severe terms upon that of the defendant's broth r, between whom and Hawthorn he seemed to think there was a combina tion and conspiracy ; and he was rather of opinion the Jury should find a verdict for the defendant. The Jury, however, were of a different opinion ; for, having retired for about 20 minutes, they return ed with a verdict for the plaintiff—Damages, £3O. The Court was excessively crowded, and the plain tiff sat in his regimentals behind his Counsel. The defendant was not in Court. The trial lasted 15 hours. place, and the stip of fresh dispute, th of Exchequer, ant • To restrain en verdict's being in of the present app Sir SAMUEL ROMII and opposed by hi The LORD CHA sive view of the st • and ecclesiastical, I light or trivial gri and obliaation of It did not belong and duties auachii plaints on either for inju - ies or yarn the verdict given i or not, be should roneous, the tour to oppose it at lar if he should think dress. At any ra premature. App Rrnittkara o WtSir WeLtait GRA the Weitalsiti dtatetty .aftot is • chiefly of the lien testify their *yet rersally respected tirefrom the statil In which, indeed, ;hi abate the proverb uncertainty in tl Equity I for, the I T. tosnd Judge saa comprehend the a ▪ corsideration—wl c. assured an unexce After the lea r mi decision of his He Sir ARTHUR PI loving effect s— ei that seat of justit s. years you have p attending this Cc ▪ " sentiments with id cation of great re which they wish i ✓ respect which trit Ot i, which yon are SC and wisdom of 3 tell conducive to the b eminently prompt a equity.. In the p tin arduous duties. T' b • equanimity, and I L6 e and a patience - ne 1 I 'miform and imps t a the discharge of th fn have had the opp ion II observing that; co.. white has been- to emulation, and sci imitation. Assail of those whom 3 nen tau Gnat, that s Ma will be the &esti pan portion of your 1 olu aly employed, yi • is repose, on your 'sun from the toils one nd i tion, to the hurt Age . • ve contributed i.e.' tinguithed a man 1113. additional IN S tl. This Address, Llshi bewitch eine ate RANT CRUSSIMIy L A I, %hi Wyse be as fth Press his Iselin Inv the agitation al lees of a few tear ono ' 6 It is Unimak Alit • feel highly gr )ff a ich the Ukiah it th y condom in thi ode retire. 1110 f Mali idg ‘ gh4Ok tbs " Luting .the ti treated by TO TRI EDITOR OF THE sniff. 67, Old-Battey, udDite. I 1 o'clock, r. w. Sta—lnformation has this moment been given me, that bills have been posted to-day, announcing the re-publication of the Parodies upon which I have been tried. Permit me to assure the public, through the medium 'of your Paper, that I am much dis gusted, and that I may, perhaps, be much injured in public estimation by this procedure. I have no intention of re-publishing those works, in any othe r shape than in the Report of my Trials, which I an preparing for the press, and wherein their appearance is indispensible, as constituting the ground of the p ro . secutions upon which I was acquitted. I disclaim all knowledge whatever of dose bills ; and I desire to add, that if I did not think it necessary that the Report of my Trials should be upon record, I would not republish the Parodies at all. I shall never write aThrolk.of s awn s and when I come to publish that Report, shall feel it my duty most earnestly to exhort all my fellow-citizens to ab stain from parodying any part of the Holy Writ or the Service of the Church of England. I am. Sir, with great respect, Your obedient servant, w. Holm Almost every month produces tome lettermenne in the dress and decoration 01 the House3old troops. A pair of huge buff leather gloves, the tops of which ascend to the difeer, is the last novelty. This, no doubt, is intended to preserve a proper ideate tween the Ii s and the areal Thursday evening, a most melancholy and fatal accident happened to John Bragg. servant at the Coun a trphouse in Exeter, who, whilst in the act of pumping water from the boiler into the meshing kieve, fell into the boiler, where he was so much scalded, that be expired at three o'clock the following morning. A shocking accident happened on Tuesday se'n. nighteat East Chinnock, near Crewkerne. Between ten and eleven at night, the wind blowing a complete hurricane, the poor-house in that parish fell in, and buried several persons in its ruins. A man, named William Copper, who was in bed with his wife and three Children, was killed on the spot, as were two of the little ones. None of the others were much hurt. Friday night, a bay mare was stolen out of the stable of Mr. *Elder, of Burwash, in Sussex, and rode away with. Friday night the stables of Mr. J. Hudson, of Newington, were broken open by some horse-stealers, by forcing the lock of the door with an iron crow-bar, and robbed of a blood mare, value 130 guineas, which was got by the celebrated racer Filo de Puta. Anodise valuable horse was stolen flom a gentleman in the same neighbourhood, supposed by the same gang, about a week before. They are supposed to be stolen by four fellows who have been uttering forged Bank of England one and five pound notes in Surrey and Kent, which they have effected to a vast amount, by selling and exchanging stolen horses, and pur chasing others. FUNIMAL OF J. VAIITIE.—.After the execution of poor rank, the b.idy was received by his friends from Gravesend, and brought down to Mr. FIZARD'S, at the New Inn, for interment, where it arrived at midnight, as it was the wish of those who had the management of the funeral to conduct it with the greatest privacy, consistent with the respect due to the unfortunate object of their solicitude. The ar rangements for the funeral being completed, it took place yesterday se'anight, at three o'clock, and was conducted in a most respectable manner, moving on foot from the New lan, to Milton, next Graves end. The mourners were accompanied by the Rev. L. PHILLIPS, who proceeded to the church, and read the burial set vice in a most impressive manner. The church and church-yard were completely crowded, there being nearly two thousand persons present on the melaniholy occasion, and all of whom appeared affected, which could not be more fully evinced c t i l e nT l Zy the decorous behaviour dorirg and the orderly manner in which they malistely after it was concluded. -v UU Y cvinc" -Court before which the question or fGrteitute is plo , • the ceremony, separated im- Perll 4 isable, or is suite 'other Ttibundi on II e spot?"4l ClTr ELECTIONS The elections were carried on yesterday with much spirit in the contested Wards► The following is the state of the numbers on the close of the Poll Those marked thus* are new Candidates. • BttEAD•STCEET WARD. Mr. Hayward, Deputy 31 Mr. Coleman Mr. Sowerby 29 Mr. Gib.on Mr. Gillman 29 Mr. blackmore Mr. Mom* es Mr.l.angton • SS IS . II • IS Mr. Elliot Mr. Dibbin Mr. &la:We V 6 VS This Ward BROAD-STE 96 • 95 93 91 This Ward 111SHOPSGAr Mr. Deputy Greenaway 72 Deputy Mr Wm. Rawlins 78 Mr. Buntstead 75 Mr. Vale 74 Mr. Davies 73 Mr. Outfit.' 72 Mr. Glover Mr. Nash Mr. Bate •Mr. 0111ver returns 12. Mr. Cowan Mr. Crokatt Mr,' opp M/rViaktfield XI: C WARD. I Mr. Perpercaro Mr. Smith Mr. Pater.on •Mr. Pigeon Mr. Clarke Mr. I>esll.ub Mr. F0.:4.1. 'returns 10. *E %vITHOUT. I Mr. Yates Mr. Jadidna Mr. Harvey Mr. Day Mr. Pearson Mr. Sandford •Mr. Wooler ' ilia W ard ) CASTLZ BAY] Mr. Pearson • *4 Mr. Hurcombe 84 Mr. P. Fenton • ao Mr. GriCeas 79 • Mr. But 78 Mr. Slade 73 returns 14. lARD WARD. Mr. klurlock Mr. Trearber Mr. Farrance •Mr. Wadi Mr. Vent This Ward *Mr. Keats 41 • Mr. Loitiey, Deputy ee • Mr. Fenuing - 39 Mr. Ckeesewright S 7 Mr. Rockwell . 35 Mr. imam 3$ Mr. lutist Smith - 34 The Ward CRIPPLEGA Mr. Waterhouse . Deputy Valance Mr. lovien Mr. Kidder Mr. Kerl I o Members. :AP. Mr. Pena Mr. Brook, • Mr. Junes Mr. W. E. Smith Mr. Swift Mr. laming; •returns it. TR vn rHui. Mr Delver Mr. Habertat Mr. Heath •Mr. Fickle •Air. lien returns S. 79 79 • 711 • 6$ - 65 This FARRINODON WITHOUT. Mr. Robot Waithnsan g *Mr. Beckwith R. Herring, Esq. Deputy SI I Mr llamas Reeve Mr. James Williams 500 Mr. C. Augestus Savage Mr. Crook 197 I Mr. William Pawnee Mr. Wilda= Vale 196 W. J. Reeves, Esq. Deputy 195 Mr. James Grifiltis 192 Mr. John Stickel 189 Mr. Abraham Young lea This Wars Mr. i'►..mu Oak Smith Mr. William Parton Mr. 1 bonus Kuper Mr. Willi in Murrell •Mr. Sparrow returns 16. WALBROOK WARD. Mr. Deputy Williams lIS Mr. W. Russ . Mr. E. Haywood Si Mr. W. Ryile Sir T. BM - 78 Mr. W. Woodward Mr. W. Pearce - 77 •Mr. G. :•hwtlewnrch Mr. C. Has • 7.5 •Mr. T. N. Williams Returns Ei t Members. as 5I 13 SS 32 176 Ise It 4 ins ISS 151 149 J 4 '1..1 78 69 iS 33 f. 3 The LORD Mayon has given directions that the prisoners in the several prisons in London, shall re ceive each ewe poend of beet, cnie pint or porter, ansi hilt a three-penny loot, for their Christmas dinner—. their number amounts to about 900! The Magistrates and Parish Officers of Windsor. on Thursday last, it the invitation of th e i r Royal Highnesses the rincesses AUGUSTA and EtizAnevn i , viaited the Manufactory for Preparing and Spinning Flax, established by the direction of their ltoyal High nesses at Old Windsor. They derived the greatesr satisfaction at witnessing the healthful and combos table employment of forty poor men, women, and children, who would otherwise have required paro chial assistance. CORN EXCRANOR, MARK-LANR • Dac. 24, 1817,-- The supply of Wheat was rather large this morning from Suffolk, for which the sale was heavy at Mon. day's prices. Although we had a considerable•arrir.l of Barley, yet fine samples met ready sale upon full as good terms as Monday. In Beans, Peas, and 0416; there is no alteration. The Merchants of Jamaica have presented a Me. morial to the Board of Trade, complaining that cer tain Acts of Parliament prevent British• vessels from importing Tobacco and Rice, Grain of all sorts, and •Flour, from Foreign Colonies into the British West India Islands, while these And other commodities may be imported l'-from any of the said Colonies cc Plantations• into certain ports in the West Indies, its any foreign vessel not having more than one deck, and owned and navigated by persons inhabitiag any • of the said Colonies or Plantations." the Memoria lists a humbly insist, that this preference given to foreign vessels is not only injurious to them as Br►tish merchants, .but inconstent with the obvious and ac.. knowledged policy of Great Britain ; and they .have further to observe, that in the preseut distracted state. of South America, the frequent captures at '64, by the contending parties, render it'nearly equivalent to an interdiction of all commerce with the foreign colts• nies in the articles of tobacco, vice, grain, and flour." In the same Memorial it is also represented.— " that vessels and their cargoes trading to and from Island, are frequently se►zed by .the Officers of the Navy and of the Customs, on grounds which, however legal, can scarcely be defended urin any principles of justice ; and that the British Logisi o . titre. 'sensible of the rigour of the existing statutes, . hats, by the Act of the 51 Geo. 111. e. 96, given to any four or mere of the Commissioners of the Cus. toms the power to restore the property seized, in ease they shall be of opinion that the claimant had no fraudulent intention, or that he acted in conformity with the orders of the Governor or Chief Officer of the Colony. This eqnitable jurisdiction is exercit;cl it too great a distance; and is attended with too inudi delay to be often resorted to, and unless the property seized be of considerable value, it is the in rerest of the claimant rather to abandon it to the Seizing Officer then to embark in the expense of * protracted litigation. Your Memorialists therefore submit, whether the power vested in the Commis. !loners might net, consistently with the •iews of the Britishs.Lrgislature, be transferred to the Colonial the , of f( • I • zy.