Star. — London, England, 1817-08-27 00:00:00

SPOnme INTALLJSENCE. EGHAM RACES, AUGUST U. -------- - Cr 34 Ctip of it 01:lianas value, a Solver%Akin of lOc c. cr.cb, i.rwa of all age 4; three-yr. olds 6at Vlb. four, 741. olb. five, 11 alb. art. lilb. and aged Ost. Mar.. and Gridilrgit al- InWea 21b. 1 he winner to be *old for .1.00 guineas, if duatanded, &c wo tr.i es and a half. Mt. 'fuer cr'..b.e. by Walton, out of Goosander, 3 yrs old 1 I vr 1 - %rush, 4 ym old 2 Mr. liatsoo% Coy, 5 yr, o ld 3 Seven .tarred—the Judge placed but three. Seven to 4 al.- , Sir Richard ; 7 to 4 and 2 to 1 agst Brush; 5 to 1 art Di,cord; 12 to I apt the winner. The Noblemen and entlemen's Plate of "30 for all ages; three year old% 7Ft. *lb. four, no. 121'x. five, 94. 715. iii andaged, Vet. Inlb. Mares and Crldingi a'.l need 2lb- Htats. 'I be New Mile. - - ITowe's aged Mr. to osT. Cabinet, 9 yrs Ma Dlahe's Lot I hree, S yrs ad C. Bunhory's Ronaance, S yrs old II dr. Fit and 7to 4 asst Hamlet ; 7. to 1 apt Cabinet; after the c to 4 on Hamlet. Per NlaJcsTv, the Princess ELT7ABETII, the Du chest.s GLOUCESTER and Yotm. the Duke of GLot:- ccsrFit. Rm. and several of the Nobility and Gentry, hom flue! the Course with their presence; but, on ac connt ••' the unfavourable state of the weather, the company was thin. The Roy.ll Visitors were attended by , Generals TAYLOR and WYNNE, and Colonel Dasnitowa. 1 1 4 2 2 dr. GI:3II'D FETE GIVEN/77 HE LORD MAYOR. Monday the LORD Maxon gave a splendid aquatic entertainment to a numerous party of distingui.lllo vests, on the occasion of his eldest son, Mr. Joie; Pace having attained his 21st year. The company were teceived on board the grand City state barge, at Westminster Bridge, by the LORD MAYOR and the LADY !slimness ; and at eleven o'clock they proceeded up the River, accompanied by the Military Bind belonging to the Life Guards. The rrty were joined by his Royal Highness the Duke of St rs:lc, who came in his yacht from . Hammersmith. ,The whole rif the company then went on board the Navigation Barge !ling off Richmond. His Lord snip having announced his intention of giving a Silver Cup, to be rowed for by the boatmen living in the neighbourhood of Twickenham. Richmond, Isle worth, Brennan!, &e. nine competitors, in divisions. of three, with different coloured flies, started at two from the barge stationed above the bridge, rowed down to lsltworth, anti back round a boat stationed a li , tle above the seat of her Grace the Duchess of &WAUGH. The cop was won, after a well Con tested struggle, by a man of the name of Silver * of Islewt rth. At four the company sat down to a sumptuous dinner, the tables being ornamented with elegant a'.d fanciful embellishments, appropriate de vices, &c. The regimental hand played during din ner several favourite pieces of music. .Nea AVObi, was tong by M4dani BIANCIII, Messrs. Lam BELLA:de. &c. who, dining the afternoon, delighted the com pany with glees and song!. Alter the usual toasts, and the healths of his Royal Highness the Duke of sessyr, Lord ER•KINE, the Lotto MAYOR and Luny Mav:ite:J.s, were severally drank, Lord li.ustaNe r ose, and in a neat speech, alluding to the occasion of the enmtainment, proposed the health of the Loan MAYOR'S son. This toast was rece'ved with marked attention, and at soon as the applanse with which it was greeted had subsided, Mr. J. P. Woo° rose, And addressed the company in nearly the lollowinp terms: " You* ROYAL LOI,D ERSKINE, LADIES AND CENI WIEN—My indication on die present occa,iun would ha duce me to slay for words adequate to express the gratitude feel; hut there are mom :me „hen the feelings cannot be ex pressed, when the sentiments nt :he heart are too big for utte rance uch he the present one. I will, however, with the per minion of yt u Royal Highness, and of this honourable company, waving the urt:inary forms of politeness and custom, sp-alt for a little ui on the rues: insignificant of all subjects—self; combined as it is this day whh emotions of filial love, of filial gratitude.— la my cashew infancy, the child of lingering protracted sickness, but for the tender carwuf parents, and oh that dear relative who dm beside them, I should have been this day numbered with the dead. In my advancing years, the tender and affectionate authority cf a father guarded my inexperience; the anxious solicitude of a mother was never absent from me. I have endeavoured with ear runless to deservt their affection; at any rate I can boast [possess it. I have much to apologize for in having se long troubled you : I may have expressed myself feebly ; believe me, I tech your kind mu deeply; I am this day no titterer; mine has been the lan guage 0, truth and sentiment. Thanking you, my Lord Er►kine, mow particularly, and Oils honourable company, for the honour they love done me, and for the patience with which they have heard me, I drink to their liapplue , s, and conclude, by imploring for those who are parents, that their children may be more de serving, and equally grate'ul with ilielunible individual who has now the honour of addreseing them." • Shirly afterwards the successful candidate. toge ther with the two next in succession, were severally introduced, and the Loan MAYOR, having filled the cup with wine, presented it, making a suitable speech in commendation of 'the winner, who, together with his competitors, were regaled with a good dinner by (mkt i.f his Lordship. Notwithstanding the t1 i,1 4 . vourable state of the weather during the morning.the latter part of the day proved exceedingly fine, and the banks of the Thames being crowded with numerous well-dressed persons to witness the boat-race, greatly added to the effect of the pleasing spectacle. SAILING MATCH.—A match by pleasurC! boats, Etc. for three silver cups, given by Mr. PA RLEY, his Majesty's ship SUPERS. took place, off Ply mouth, on Wednesday last. Twenty-two started, half-past twelve o'clock, from the Sound, with breeze from the S. W. and a heavy sea, and .ed round a boat moored at a distance of six' les in the Offing. After various manceuvres in :ing out, the tweet Poll of Plymouth, Lieutc. LoNEY, came in first. with flying colours, and is presented with4iic best prize, which was imine ttely hoisted to the mast head. Sir J. T. Duce ,RTH's barge, - commanded by Lieutenant COUCH, the I'IPREONABLE, Won the second cup, and Mr. , ;EINGTON'S Sans Pareil the third. The fineness the weather attracted numerous spectators on the takwater and surrounding hei g hts, and various {vatic parties contributed greatly to the bustle and Ittrest of the scene. The Sweet Poll of Plymouth built about 15 years since. a stri Some cl the good old sterling Comedies are to be rirtd the eiltuing season at Drury-Lane Theatre: !ct the is said to be BEN JORRON'S Vo/pone; or, GX j as altered by GARRICK, in which there are w characters adrnirahly adapted W the abilities of iN and nuNuLt:. LAW MTELLIGENCE. COURT OF CHANCERY, AUGUST 111. PRIVATE HEARING—QUEEN MAL wtsmennaz v. SHELLY. This case was heart by his Lordship in hirprivat room. It was a petition presented by the relatives of the lee Mrs. Shelly, praying that the infant c tt dren might be removed from the care of the defen dant, their father, on the ground that he had written a book, entitled '• Queen Mab," which was subver• sive of every moral feeling, holding, amongst other tenets, that the marriage ceremony was a ridiculous! proceeding. It was contended for the petitioners, that on these grounds the defendant was very unfit to have the guardianship of the children, the eldest of whom was only five years of age. The LOAD CHANCELLOR, on the former hearing of the case, ordered the children to be removed from the custody of the defendant, and directed the Master to report who was a proper person to have the care of them. Two gentlemen were proposed, and the Master reported a Mr. Kendall. of Warwick, a very respectable schoolmaster, to be the proper person : to this order the defendant excepted, and hence arose the present proceedings. The limp CHANCELLOR deferred judgment until he had read affidavits. cup with in cowrie' his comps older i.f I your Able latter pal hanks of t well-dress added to SAILDP boats, SCC of his I'd mouth, r about hal a strong Froceedet miles in Working nant Los was press 'hate!) , h ATH'S of the LI BROCKINI of the w Breakwa aquatic mterest c %‘as buil Some ofort,l na c t t f it! ; r Cll4l hi.i N A, EX PARTE DUFRESNE. Mr. DUFRESNE. who was a clothier in Leeds, and lately a bankrupt, this day appeared in proftria /ter• lona, by virtue of a writ of habeas corpus granted by his Lordship, to plead his own cause. The return from the Commissioners under whom Mr. Dufresne was committed having been read, tie proceeded to argue in favour of the Commission being superseded. Mr. Dufresne, alter having gone over the whole of the case, proceeded at some length to attack the whole system of the Bankrupt Laws, as oppressive in the extreme to the subject—as the ruin of an honest man, by making him a criminal, and filially produ cing infinite moral injury to the character. These arguments he supported by some law authorities, and also by the trite quotation from Shakespeare, orb steels my purse steals trash," tie. He concluded by saints he had spoken to his Lord ship both in his legislative and judicial capacity. and he hoped he had made out a case fit to justify his dismission in the most honourable manner from prison. The LOUD CLIANCELLOR.- 4 4 I do not sit here in any legislative capacity, for I cannot on any account do so; and therefore I feel no necessity of making any observations on the Bankrupt Laws. The Laws are sanctioned by Parliament, and whether they are hard or not on the subject, I have no right to alter them. If a creditor to the amount of 4100 can prove a single act of bankruptcy„ then he has a right to come to me for a commissiti, and I dare not re. fuse it. By the bye, I may here observe, that this is the second writ I ever issued in my life. The two questions were put to you by the Commissioners, and you declined to answer the last ; and you now tell me that you answered-the first merely from courtesy. I must say, that had you refused to answer the first, there would have been two causes of commit iient instead of one. The law gives the Commissioners powers to act as they do, and no person can take it from them. Till the commission be superseded, 1 Ican do nothing with the commitment. Persons who', look into law books often do themselves more harm than good. lam of opinion that 1 have no right to meddle with the commitment. You had as well settle with the Commissioners, but I shall do nothing in it; and it is to me a source of heart.telt satisfac tion, that every opinion I give here respecting this case of commitment, or indeed any case, can be tried before the Judges; as any Judge has as much power as myself to grant such a writ. I therefore must re mand you, though I feel for your case as much as any man can." The Solicitor for the opposing creditor said he had no wish t.i keep the bankrupt in custody; but if he would answer the question no further measures should be taken against him. Mr. Duiresne.—c , My Lord, may I.reply 1" The Loan COAISCELLOa.-4 , Reply I—No, Sir—l shall not be replied to by you or any man. Sir, you must be remanded. Call the n. it case, and let me not be troubled with this. The co , i,mitmeut is suffi cient, and let it stand." Mr. Dufresne. --o My Lord, may I make a audio,' for the other side to appear here r' The LORD CHANCELLoR.--ft NO, Sir—move Oil" Mr. Dufresne was then conducted back to prison in the custody of the Marshal. OPERA HOUSE. WATERS V..TAYLOA. Mr. HART trusted his Lordship would permit him to mention this case again to his Lordship. He had not apprehended Mr. Taylor would have refused the proposition which had been made to him, but rather thought he would have readily acceded to it; for were Mr. Waters even to pay into Court £34,000, still it would not benefit Mr. Taylor, as he could not get his monefoot I , f Court; and even admitting that Mr. Waters had 'paid into Court £5OOO less than he ought, he was at a loss to bee what benefit it would /be to Mr. Taylor. He therefore submitted, that the motion, as respected the mortgage debt, should stand till the next beat. The LORD CHANCELLOR.—" I do not see how I can do this. It would not, its my opinion, be acting justly to Mr. Taylor, knowing hint to be in prison, to suffer you to keep the £6OOO in your pocket." Mr. HART. — "• My Lord, it the lull sum were to be paid, it would be of no benefit to Mr. Taylor." Mr. DLITUIE.--" My Lord, Mr.-Taylor is at pre sent confined for a sum less than £9BOO, and how can it be said that this sum of £5951 will be of no service to him i" Mr. HART said it would give him great pleasure to see Mr. Taylor at liberty. He would be the last man in the world to keep another in if du rance vile ;" but it was but justice to Mr. Mills to say, that the account which had so puzzled his Lord ship, in common with himself and the other Gentle men concerned in the cause, now. appeared to him quite clear. He had read over the statement, and really believed that the money in question was not due to Mr. 'Taylor. The LORD CHANCELLOR.—" As Sir Samuel Ro milly has lett town, and Mr. Heald is not in Court* let the case stand over till to-morrow mernins.". ifSSIZBS. CUMBERLAND ASSIZES, CARLISLE, AUGUST 21. TIM KINOV.THE INHABITANTS of THRISSINOTON PARISH• Mr. RicHAaosns stated, that this WAS an in sict ment against the inhabitant:. of Thrissington Pali,' , for not repaling a road ner a place called Stub s. hill, in this County The Parish was by law dearly liable, prima facie. to repair the highways within i;s bounds i and on this record it was not set forth who else was, or were liable. The defence, he understood, was, that the road in question was not a public high stay ; hut it was very extraordinary if it was nc.t, being the only way to and from a village. He would call witnesses, however, to shew that it had been t.sed as a public highway, and that it had always been •u considered. Several witnesses were then called for the prosecu tion, who stated, that for 20, 30, or 40 years, they had used the road as a public highway, and had seen others use it without any obstruction. They had seen men with horses and carts using the road. There were some gates upon it, but no obstruction was ever offered at these gates, that they knew of. The road was in a very had state ; and application had been made to the neighbouring proprietors, without effect, to repair. The Parish had at one time re paired about 50 yards of it, but, this was the only in stance of repair, on the part of the Parish, as far as the witnesses knew. Mr. Serjeant HULLOCK, for the defendants, re marked, th.it there was this singularity in the present case, that no evidence was given of reputation in the place that this was a public highway. Though the road was in a ♦ery bad state, it appeared that the general impression was, that the Parish was not bound to rep.iir it, and that application for that pus• ps , st had therefore been made to the owners of Ltnd in its vicinity. As the tvidence at present stood, it amounted to no more than this—that some persons i had occasionally used this road without obstruction, which might very well happen, though the road were a private one. It might arise from the good nature or the inattention of the owners of the lands on which •the read was situate. He would now prove, on the part of the defendants, that persons endeavouring to pass along that road had been obstructed, and that the road had been considered as a private one. Several witnesses were then called, who stated, that the gates had been locked for days together, and some of themselves had been obstructed and turned back. A servant of one of the proprietors stated, that he had lucked the gates, and obstructed passengers, by order of his master. An old woman, Mary Barnes, • particularly re. membered that one Alexander Macdonald, a High. landman, bad been obstructei when attempting to pass with a lime cart. Mk. RICHARDSON, for the prosecution,. contended, that the preponderance of evidence was with him.— It did not appear that any considerable persons were obstructed, or such as might choose to be at the trouble and expense of averting theright ; and it was clearly proved that the road in question had been used by many persons without obstruction, and it had long been considered as a public highway. chief Baron /twit/subs, after summing up the evi dence, observed, that there was a very strong case of usage this road as a public highway ; and, on the other hand, there was evidence of obstruction. It wall for Lile Jury to decide, upon the whole. of this evidence,. whether' the road in question was or was not a public highway, that being the only point in issue upon this record. The Jury, after retiring and consulting together fur about an hour, found the defendants Guilty. SYM N. WILSON AND OTHERS. Mr. SCARLETT, for the plaintiff, stated, that this was an action brought to recover i compensation in damages for a trespass and assault committed by the defendants, who had, on the night of the ith of 11• nuary last, about ten or eleven o'cluek, br.ke into the dsvelling.house of the plaintiff, presented loaded pistols at himself,.his son, and daughter, and forcibly taken away the greater part of the furniture of the house. Even though the defendants could prove that they had a right to the furniture, this was not a legal mode of enforcing that right, and therekire the defendants were answerable in damages ; but, in point of tact they had no right, and the outrage ought therefore to be visited with the most exemplary damages. A Mrs. Cameron. a daughter of the plaintiff, was then called, and stated, that on the night of the 7th of January last, about nine or ten o'clock, the defen• dants, Wilford Wilson, his son John Wilson, and one Jackson, another defendant, came to the house of her father, a farmer, and got in by breaking the door, or by stratagem, and said that they were come to take away the furniture of the house. Jackson was left in the house, while the Wilsons went to meet the carts, with which one Richardson who held a farm under Wilson, was coming up. Isaac Sym, the son, and Joseph Sym, the father, insisted that the defendants had no right to take the furniture, and turned Jackson out. The Wilsons afterwards came up with the carts, •and they, together with Jackson and Richardson, broke open the door of the house with heavy stones, and entered. John Wilson pre sented a pistol at her father and .her; and Wilford Wilson, the father, desired his son to blow out the brains of any one who should attempt to resist them.. Jackson also presented a pistol. Her father aid they had co right to take away the furniture, since stb ' civic of his effects had been already sold to pay his I debts. The party, however, carried away all the furatture except one bed. On her cross-examination she said she was sure that the door was fastened ; and that the defendants forcibly broke it open. Pistol' were presented at her father, brother, and herself, both at the first and se. cond times of the entry by the defendants; she heat d no knocking nor demand of admittance before the door was burst open by violence. 1L corroborate the testimony of this witness to a certain extent, a wit fleas was called who stated that one of the Wilsons had told• him that they had forcibly broke open the plaintiff's house. Mr. RICHARDSON, for fly defendants, stated, that in order to lay the circuonsilances of the case fully be tore the Jury. it was nac ee saa y to inform them thit the plaintiff, Joseph Sym, having become embarras sed in his circumstances, in 1816 executed an assign ment of his property to the defendant Wilford Wil son, and to Thomas Sym, a son of the plaintiff. ittsoll W2s himself nn ctetiitor, hat was thought a proper person to be a truster. Nilson 1144 p ti'd the rent, amounting to d4lBl. 'rid the tx • p t Can dlemas last, and found ...at he w.s e t it .t,terahly in Ads, lace. ilotwi:hstanding some sale part of the pl tintiff's prnpert,, 411.• therefor he deter d to )41 the turisiture. The house belonged to Wilson as trustee, and therefore he was entitled to enter. The furinture likewise belonged to him, and therefore he had a right to take o away and sell. l'here was, theref .r , r, no trespass, and he would prove tat the parties had no pistol., or that the pistt•ls had not been presen:ed at the plaintiff, and that therefore there was fr •ssanlr. Rico rds rii, the farmer. was then called, and stairsd th at hr Lad, by Wilson's orders. gone with c Arts to the plaintiff's house. W: en he came up alon.r with the Wilsons, they a.tw• Jackson with a handk.•rchief about his head, and wet ail over. They made no demand to be admitted, but burst open the.d.ror.— The party had pistols with them, but he saw none presented. Thomas Sym, the plaintiff's son and co-trustee with Wiiso , i, having received au indemnity from Wilson, agaio►t the costs of die action, stared that Wllsod had paid the rent and taxes up to C4ndlerli is last.— In his cross-examination he said he did nit know that Wilson had paid any of the creditors, au 6 that the produce of the sales of crop on the ground, and of cattle, amounted to more than the sum of the rent and taxes, and expenses of the sales. He un derstood that his father was left in possession of the house till Candlemas last. Mr. SCARLETT argued that the evidence produced by the defendants had only made his case the stronger. Even though Wilson had a right to tie turniture, he had no tight to take the law in his own lia•ols. and seize it by violence. But in point of tact he had no right . to enter the h .use s nor to seize the furniture.— Tne plaintiff had resisted on the pround that en •ugh had been sold to answer the purposes of the trust, and it appeared that this was the tact. He trusted the Jury would give heavy, damages, that the disgrace ' of such an outrage might not rest on the county. Chief Baron RICHARDS, after summing up the evi dence, observed to the Jury, that. it did not Appear very material to inquire, brimr the house passed under the assignment, because it was clear that the plair.tiff had been permitted to occupy it. and there tore it was his; arid Wilson had no more right than any other person to break into it in this violent man. ni:r—neither had he a right to seize the furiiiiure by force; for if persons were permitted to take the law into their own hands, there would be an end of all order and of civilized society. It was distinctly sworn on the part of the plaintiff, that pistols had been pre sented ; and if they believed that evidence then an assaukt was proved. They would theretore, on the wh e ,le of the evidelice, decide what was a pupa compensation ; for it appeared clear that the r v.rdict must be for the plAintiff.—Verdict fur the plaintiff.- Damages&loth Atter an Assizes at Donegal!, of unusual length and labeur, on Tuesday se'imiglit sentence of death WAS passed upon nu less than eight cenvicts ! Thursday, the two convicts left for execution at the l ite Kent Assizes, viz. Oilliant .Morgan, for a bur glary rind cruelly beating Jane Swish, at EriOt, and Geocce Sl:ggia: Los an unnatural crime, at Ceetham, suffered the awful sentence of the lee at Penentivir Since his conviction negan has made it lull conies• sion cf his guilt; and teas also confessed to have com mitted a great number of other robbeiies in Kent. and in Essex, and Centhedgesi ire. At the -late Assizes her tie County of Somerset, held at Biidgewater, sentence of death was passed on 25 prisoners,' all ill ss horn were, how e v er , e pr e". ed. except John .trikiey, for !aging a Waterloo ticket, pith intent to &truth! Julio Semerton ; four were sentenced to seven years transportation, and 27 to various periods of imprisonment. On the Ist inbuilt, the Sitting Magistrate at Aber• deenome a complaint in behalf of the Ferrer and Kin cerdineshire Militia, sentenced ellex ender Crane,WeAver. in terms of the Act 42:1 Geo. 111. cap. 91, to six monthe confinement in Bridewell, for enlisting into the 92d Regimeet of hoot, he having, a slue t time previous. obtained a bounty of ,C 9 12s. for serving as a substitute in tl:e furesaid Militia, and been regtei lady attested and enrolled. By the above Act, the said Alexander Crane's term of service in the Fertile rind Kincardineshire Mimes, recommences from the slate of his commitment to Bridewell; and at the end of his engagement in the Militia, he will belong to the said 92d. Regiment, and Lave to serve therein for the period lie enlisted into the same. A circumstance has recently recurred near Calais, which has excited great cereternation among the English visitors in Prance. An English Gentleman has.been arrested for a debt of £6OO, contracted in England, and as the circumstances are iiiterestilw to enthuse creditors who helm !uglily, debtors iii Fr ince, we give the following account of the process in the present case " The arrest was tounded upon a judg ement for the above sum. of some standing, in the Court of King's Bench. An exemplification of that judgment, certificid by the proper Officer of the Court, attested before the Lord Mayer, and certified by hie, and •by the French Consu! resident in Lindon, was transmitted to elle Supreme Court at Paris. An szernplificatiem of this process was then sent by the Supreme Court of Parts to she Court below, with di. rections to send a copy sit the proceedings to the party, and summon him to attend before it. This process was accordingly served upon die party, but he took 'no notice of it, and judgment by default went againse him in consequence, in the Court below, at Betnegee„ Having received private information of this last step, be was advised to avoid bring taken on mom n, to enter what is called, in Fiencti practice, an opposition to the judgment, which. it not done within twenty. lour hours, the execution must take its course. He was fortunately in time to avail himself of this ad. vice, and the case is expected to crime on ter trial in a few days. The Freech• lawyers conceive that the process it not tenable, and it may be readily pre• sumed that all the persons who have run away to the Continent to avcid the payment of their just debts, are of the, same opinion." CORIS•EXCHANOIS, AUGUST 27.—The heavy rains We have had since Monde), brought several country buyers to market this morning, aad some l•rge sales were made at an advance or 2s. per quarter on Mon• day's prices. Barley, Beans, and Oats, were brisker sa l e , an d rat h er dearer. lit ./C:er articles there is no alteration. • 4 li. Iff al