Star. — London, England, 1821-11-29 00:00:00

r o s y evening, had not examined more than fifteen ebans, so that we think the investigation may con somefo days. There seemed to be no backward •' ses on t he part of the people to give every assist ,,ote•ateir power to the inqtairy ; and many there Pe pe would hazard life and limbs to bring the omen of their brothers, sisters, and of other re : boo and friends, to the tribunal of justice. The saps are known fur ages in that country—opulent, ~e t able, and esteemed ; the MULLALLY'S are con ;md w i t h a determined and extensive body of men; oaf the young women who perished on the occa so, a nd to whom we had before :41Iuded, had £:400 aand was to have been married in a few days. • he sam e night that Mr . EDMOND SHIA'S house . vs ' b ur nt, one of his brothers, living near Barnocks rob got a notice to quit his land ; but we hear of oer instance of a like nature in this part of coontrY• boo From Pro- hif it tilt)• 11 kg COUNTY LIMERICK. rt,oyTES LIMERICK CHRONICLE OF SATURDAY. seam as a party of the Dragoons passing through vo me rery to Kilmallock, were refreshing themselves s ee former village, two of their carbines and one w ed were taken from the car. Thursday night last, a party of Major WrLCOCK'S Ake j , thef aopuprredhaeondeda,ggneedarl4Giland th tatigin arnists tC n "We of the day, on the 11th instant, from Mr. 6.114 STARLING ; there were about two pounds of der found concealed in his house, being more a pparent value of all the rest of his pro perty. And on the same day, one individual of that c orps succeeded in apprehending, in a house in New castle, Thomas Hinchy, charged with the murder of JAllss Bucztav, on his return from the last Assizes, where he was bound to appear as prosecutor on the ,at of the Crown. A person of the name of Hurley, a native of Cap p, is in the guard house of Rathkeale, transmitted li"Major WARBURTON, charged with the murder of m e late Mr. GOING. He was apprehended in Galway. A written notice was posted on the Chapel-door of bek.hill, near Briny, on Sunday last, which was i m mediately torn down by the Rev. HENRY BEVAN; it cautioned all persons from paying rent, and parti eshrly not a fraction to be paid to the Rev. Mr. loam for tythes; no landlord to attempt distraininsi mule or goods fior rent—if they do, they are to suf. lithe death of Major *hum. It also commanded llama to return the sledge to WILLIAM KELLY. adopt denials from his promise, made the night he unshed. This promise was to supply them with pceder and ball, part of which is given them, and &remainder is ready when they cait for i . QUEEN'S COUNTY. We are happy in having authority for stating, that by the exertions of that zealous and efficient officer. ajar NrcnoLsora, commanding the Police of the aegis County, thirteen persons are in cu , tndy, Mused with the murder of T. MURPHY, of Culla of %bich murder an account has been given in 'former publication. The marauders thought that they weft secure from punishment in this world, by their attachment to each other; but, fortunately for the attainment of justice, they were seen, while en gaged in the horrible act, by two persons, who can fully identify all the perpetrators of the crime. COUNTY OF SLIGO. A wan of the name of Grackin, has been commit s` y CHART CS ATKINSON, Esq. of Rahins, to the jsiofthe county of Sligo, charged with attempting is rescue three prisoners from EDWARD HOWLEY ' N. a Magistrate, and st ith assaulting him in the em otion of his duty, in that part of the town 4.4 Balina which is c filled Arrimaree, where frequent riot have body occurred. Flin and Philip aarke, charged with being merited in the km burglary and robbery of the Woe of Dr. WALDRON, Roman Catholic Bishop of lißala, have also been committed to Sligo jail. The dolegang implicated in this affair are known. They assisted of seven or eight persons. Rh 11Taiarre has commanded a Portrait of Sir WILLIAM CURTIS to be painted by Sir THOMAS LAW. which is to be placed in one 'of the Royal Wales. The Annual Festival of ST. ANDREW'S DAY will belidd by the Scottish Corporation, TO-MORROW, in the Old London Tavern, Bishopsgate-street, when it hope the benevolent purposes of this ancient and sisable Institution will be patronized by a numerous ald tespectable meeting. Lord Viscount MELVILLE, we of the present Vice-Presidents, takes the Chair, ad Dinner is announced to be on the table at Half ,* Five o'Clock precisely. Friday afternoon, the Duchess of Morernosa and Lady CAROLINE GRAHAM arrived at their house in Grosvenor-square, from Kirby Hall, the seat of Mr. and Lady CHARLOTTE FINCH HATTON, in Lincoln dike, where they have been on a visit. Jour RIUMHZ, F.R.S.—The /imperial Magazine for December, is embellished with a striking Likeness aI that celebrated Engineer, the late Mr. RENNIR, drawn by H. Consout.n, Esq. from a Bust by F. CrearratT,LA. and engraved by I. THOMSON, Esq. The contents of this Number will be found panics hay interesting. Price Is. Proof Impressions of the %trait at Is. 6d. and 2s. each. tic* itity 0 chit ; tor FASHIONABLE ARRIVALS. Wasquis and Marchionessof CnoLsroxormar,frorn aa t iuge rfollr. Ths Marquise( Truman, from Welbeck, Notting Mr Cmsaus and Lady Loon, from lkornley Hill. Illompson's Hotel, Cavendish-gu.sre--Wiwars Rums 141 / 0 1 SIMMER, and WlLLmorr, Esq. from the Continent ; _ulna Bas Low, from Chatham; WILLIAM BARLOW, Esq. from ,_••mfalise; 31In. Wm's, from Cheltenham ; Captain Hays ""al imams Gum Esq. Mrs. GIST, and SAMUSL Gssr, Esq. Weflederee Grange, Worcestershire ; and W. Z L. ray Mg. and Miss Want), from Brighton. DEPA RTURE.S. affinger Lady Mirmssiza, for Warwickshire. Laid Gummi*, on a tour. Lad Honnzaa, for Essex. Lard Sr. Ilsmass, on a tour. .hsat Oreillion's Hotel, and Lady Can, for Sussex. ~FEROI ThellipiOn'S Hotel, Cavendish. squarr.-Joine Hattatr fur France; Sir Joan V. B. Jon/talons, Bart. and •Isoliat WALKER, Esq. for the Continent. Five THOUSAND POUNDS or more must be gained toomebody on Tuesday Week, and the fortunate will risk only 40 Shillings to gain a little for tole, besides having the chance o 1 the Capitals that ~,L 4 4Y .b! drawn that day from the present Rich Wheel. ..." 6 Fisk of a Whole Ticket is only Two Pound s, mires in the usual proportion. The Purchaser of a SUteenth may take the chance of getting a largo true, and cannot lose more than Four Shillings :41 LAW IYTELLIGENCE. ERALS, inneautuns, APPRALS, •ND rrnrsors, ZITORZ THE LOLD CHANCILLOIL, APIMR MICHARLMAS TRISH, 1821. Wednesday, December 8, First Seri; Thursday, Friday, and Saturday, Rehearings and Appeals. Monday, December 10, Second Seal; Tuesday, Wednesday, and Thursday, Rehearings and Appeals. Friday, December 14, Third Seal; Saturday, Monday, and Tuesday, Rehearings and Appeals. Wednesday, December 19, Fourth Seal; Thursday, Petitions. N.B. The Loan CHANCELLOR bears Bankrupt Petitions to-day and will &lily, until the First Seal. sears, causes, wows, •SD PETITIONS, 111/011R TEE SICR-CHANCILLOS, ATTICS MICHAELMAS TIMM, 1821. First Seal, Wednently December 5, Motions; Thursday, Fri day, and Saturdat; Causes. Second Seal, Monday, December 10, Motions; Tuesday, Wed nesday, and Thursday, Causes. Third Seal, Friday, December 14, Motions; Saturday, Monday, and Tuesday, Causes, Pleas, Demurrers, Eiceptlons, and Fur ther Directions. Fourth Sral, Wednesday, December 19, Motions; Thursday, Petitions. COURT OF CHANCERY, NOVEMBER s& DAVIDSON V. THOMPSON. This was an application made by Mr. HART, on the part of the plaintiff, praying that an order might Ire directe,l to issue for the payment of a sum of money, claimed to be due to him as part owner of a vessel which he had been charged with for repairs. The facts of the case are shortly these :—The defen dant was owner of two-thirds, and the plaintiff of one-third shave in the vessel, which had gone through six voyages; but in preparing for prosecuting the seventh, she had undergone sundry repairs, and to wards which the applicant was alleged to be charged properly with £l,OOO. On the other hand, Mr. HEALD and Mr. Macula contended that the plaintiff had himself permitted the repairs to be done, without expressing any objection; and that he was consequently not entitled to any relief. The LORD CHANCELLOR decided that the motion should be dismissed, on the ground that, as the plain tiff had allowed the repairs to be done, without put ting in any declaration that he would not share in the expense, or given any idea that he had given up his claim to the profits that might eventually accrue, he could not rule that the money ought to be paid. The question here ought to be decided not only wick a view to the present, but to future cases; and being unacquainted with the rule on which the Court of Admiralty decided such i.oints, he should, in the event of saying nothing further in the case, dismiss the motion with costs: for though the vessel might certainly be more valuable at the conclusion of the voyage, from the repairs that had been done ; yet she might also, from circumstances, be so much dila pidated, from wear and tear, that she would not be' so valuable. It was clear that the plaintiff had no tight to say be would have the ship valued at the moment she was about to sail, without entering into a recognizance to share mutually in the voyage; and with this view, if he said nothing more on it, he should make an order in the terms he had mentioned, VICE-CHANCELLOR'S COURT, NOVEMBER 27. COOK V. COLLINGRIDGE AND OTHERS. Th VICE-CHANCELLOR gave jtidgment in this case, which has {lready been fully reported in this Paper. It was an application to the Court to set aside a sale which had been made of the plaintiff's share of the property left to him by his father in the coach-making concern, carried on in Liquorpond-street; the plain tiff contendin , that the sale, in consequence of being made by private contract, was disadvantageous to him, and that the whole pr operty ought to have been sold by auction. The VICE-CHANCELLOR ordered that a reference should be mach to the Master, to in quite whether it was not more beneficial to the estate of the tale William Cook to confirm the sale in ques tion, •,\ Lich had been made by his executors; Also to consider whether the business, since the termination of the late partnership, had been carried on on ac count of the plaintiff's share in the estate; andwhe ther he was n .t entitled to claim a sale in the whole of the partnership property. WINTER V. LORD ANSON AND OTHERS. The plaintiff in this case bad sold a certain portion of freehold land to a person of the name of Mozeley, for the sum of £1483. At the time of the sale he re- I ceived the sum of £485, and a bond for the remain ing £lOOO, which has not since been paid. Mozeley afterwards mortgaged this freehold, andahen became a bankrupt, leaving his bond of £lOOO unpaid. The assignees of Mozeley redeemed the mortgage, and sold this freehold, together with other estates, to Lord Anson. The application now made to the Court was, to order that either the bond should be paid, or that Mr. Winter should have a lien on the estate which he had sold. Mr. SHADWPLL contended that Winter, by taking the sum of £485, in the first instance, in part pay ment of the estate, had waived his lien upon it, and he could only come in as a common creditor. The VICE-CHANCELLOR ordered that the Master , should inquire whether any contract had existed as to Mr. Winter's hating any right of lien on the estate, in case of the bargain not being completed. COURT9F KING'S BENCH, NOVEMBER 25. THE KING r. JONES. This was an application against the Marshal of the , King's Bench prison. A Rule to answer affidavits was obtained last Term by Mr. COOPER; Mr. Gus- NET yesterday put in Mr. Jones's reply. The questions arising for the opinion of the Court were six in number: Ist. Had the Marshal dealt unfairly with Colonel Edward Bayley in a quarrel between that (ientlemsu and a certain Colonel Meade. 241. Had the Marshal countenanced riot and irregularity in the management and conduct of the King's Bench coffee-house? 3d. Was it an abuse of the Marshal's power that he suffered two turnkeys, named Peckbun and Colville, to let out (for their own benefit) certain rooms in the prison? 4th. Was it contrary to the Marshal's duty to permit two prisoners, named Elsworthy and Bannister, to get as turnkeys and to have " the run of the key?' sth. Did the Marshal sulficiendy do his duty in visiting the prison? 6th. Was the Marshal's residence (genenilly at Pinney,. and occasionally in the country) such a residence u was consistent with the situation which he filled? The Loin CHIEF Jusrtca this morning delivered the judgment of the Court upon the above points.— With respect to the first charge—that of personal misconduct:to Colonel Bayley—their Lordships were of opinion that the Marshal stood fully justified.— With respect to the second charge—the conduct of the coffee-house--it appeared that Poole (diet -ogee- house keeper) had been dismissed, and there was no' reason made out for imputing to the Marshal that fire had used superfluous delay in the reformation of the irregularity. Looking at the third and fourth charg•c_-the allowances of rooms and privileges to turnkeys and others—the Court was unwilling, in the, internal regulation of so large a concern, to fetter too far the discretion of the Marshal ; they ordered there fore that the Master of the Crown-office should visit the prison, reporting the actual practice which might exist, and stating his opinion as to theexpediency of such practice. Upon the fifth and sixth points Of charge—the visitations and residency of the Marshal —their Lordships had come to this decision :—They held the Marshal—looking at the practice which had obtained in his office—liable to no blame for the course he had pursued; but the Act of Parliament they took to be imperative ; and chat Act expressly said that the Marshal should reside in the prison or in the Rules. The order, therefore, that the Court _ _ would make was, that Mr: Jones should comply with the provisions of the Act, and that he should state to the Court, on the first day of next Term, what steps he had taken in compliance with the order : in making that order, their Lordships were far from casting the slightest imputation upon the conduct of Mr. Jones, whom they took to be (both in his public and private character) a very excellent and merito rious officer. The only remaining question in the matter would then (the Lord Chief Justice said) be the question of costs. If any complaint as to the management of the prison had been laid before the Court, and duly sustained, no doubt the complainant would have been entitled to his costs ; and the same advantage would equally have been due to the ac tual sustainer of personal injury. In the present case, however, all the matters which personally concerned Colonel Bayley had been answered, and fully an swered, by the affidavits of the Marshal ; the affi davits of the Colonel had not been framed with quite so much candour as might reasonably have been em ployed; it was impossible to doubt that the whole application had arisen out of Mr. Jones's refusal to give Colonel Bayley (without proper security) the Rules of the prison; and the Court, under such cir cumstances, would not be justified in giving the ap plicant his costs. THE IMO. V. LEWIS LEVI. ' The defendant (in company with Mosely Woolf, Kinnear, and others) was convicted in the year 1819 of conspiracy, and was sentenced to a fine of £5OOO, and to two years imprisonment in Gloucester Jail. Mr. Curtwoon now moved for a writ of Habeas Corpus, in order that the custody of the prisoner might be changed. The sentence of the Court (the Learned Counsel said) ran thus:—" The defendant was to be imprisoned two years in Gloucester Jail, to pay a fine of 4:5000, and to be farther imprisoned until such fine was paid." The two years being now expired, Levi remained a prisoner for his fine un paid ; but it did not form (Mr. Curwood submitted) any part of the sentence that the imprisonment for fine should be in the same jail as the imprisonment for punishment. An affidavit was then produced from Levi, stating his extreme bad health, and the opinion of medical men that change of air was necessary to his life : the deponent further declared that his wife was dying, and that his children were in a state of beggary ; and prayed that he might be removed to some prison in or near London. The Learned Coun sel submitted, that (by the expiration of the term of two years) the defendant's situation was changed from that of a criminal prisoner to that of a Crown debtor ; and cited two cases of removal of prisoners, one upon the ground of insecurity in a particular jail, and another upon the ground that (being confined for misdemeanour) the prisoner had been sent to a jail which was a jail for felons only. The COURT thought that they had no power to in terfere. By the terms in which the sentence was re corded, the defendant was delivered to the Keeper of the particular jail, to be kept by that Keeper in cus tody for a certain stated term, and further until his fine (if any) should be paid. The LORD Cuter Juartcs observed, upon the de fendant's affidavit, that the contents, if true, might have effect in another quarter. ARRANGEMENT o BUSINESS. The COURT requested (to obviate the necessity of late sitting) that short cases only might be opened by Counsel. Matters which were likely to run into length might stand over (without further expense) until the adjourned argument day, which would be on the 10th January, 1822. BISHOP V. HALLETT. This was a motion to set aside a Commission granted by the Court to examine•witnesses at Buenos Ayres. The parties to be examined were three Gen tlemen named Dyson, Nonell, and Wild ; and the subject matter was a cargo of goods shipped some years since from this country to South America. Mr. GURNEY obtained a Rule to shew cause why the Commission should not be set aside. The Rule was granted upon an affidavit produced, which al leged that the Commission had been sought for delay, and that two of the witnesses (Mr. Dyson and ano ther) were actually in England. Mr. SCARLErT now spewed cause against Mr. Gur ney's Rule, and, in his turn, produced an affidavit.— That affidavit stated that Mr. Dyson only had arrived in England ; that he was in such bad health as to be utterly incompetent to business; That he had left all papers and documents with Messrs. Nonell and Wild, who were still in Buenos Ayres ; and that, in fact, he could throw no light upon the transaction. Mr. GURNEY (in reply) endeavoured to shew that all the material facts of the case were in the know ledge of Mr. Dyson. The COURT thought that, upon Mr. Scarlett's affi davit, the necessity for the Commission still existed, and decided that Mr. Gurney's Rule should therefore be discharged. COURT OF COMMON PLEAS, NOVEMBER N. READ V. ISAACILL. POLICY Of INSURANCE ON THE SHIP VITTORIA. Mr. Serje a nt 'laxity applied to the Court in this case to have the rule of consolidation opened, under the peculiar importance of all the interests concerned. The Court was aware that £13,000 was depending upon the result—eight thousand pounds on the ship Vittoria, and five thousand on her freight. The under writers had undertaken to consolidate the whole of the actions, and to try them upon one issue. It was understood that Mr. Read had received, on the 16th March, 1821, a letter from the Captain, dated 28th September of the previous year, and informing him that be had sold t►e ship by public auction, and he should have the whole of the other particulars in a lbw days. h was char, therefore, from the receipt of such a letter; that Mr. Read had known of the 'fate of the ship on the 16th 116 sch, •nd might tl en have made an abandonment if he pleased. In ap plying to have the consolidation Rule opened. it was not the intention of the parties to try over again the so-worthiness of the ship ; but the Captain's right to sell at Calcutta, under all the peculiar circumstances of his situation. Upon any terms the Court imposed, they wished to try that question; they were ready to pay into Court the whole 'um of £19,000 in issue, and he trusted that the Rule would be opened owing to the very great importance of the issue to the mer cantile world. Mr. Serjeant Laws opposed the applicatinn, which he said was, in fact, to grant a new trial without the least appearance of surprise, or a change of facts in the case. They had already had every opportunity of developing the whole of their case on the former trial, and yet they now came forward upon new groundd which they might have, if they pleased, urged on the trial, to call for a new hearing of the same facts, on the ground, not of any misrepresen tation, but of having been misunderstood at the trig' Mr. Serjeant TADDY (in reply) reiterated the im portance of the issue, and urged again that the ques tion of law as to the right of the Captain to sell, had not been adequately pressed upon the facts as dis closed, which appeared in some way to have been misunderstood by the Learned Counsel on the trial. He knew his motion was one of indulgence, and as such he prayed •it, upon any terms that the Court pleased to impose. Lord Chief Justice Dazx.as, after some prefatory observations upon the ill consequences arising horn taking cases on the paper out of the course, which in this instance gave the plaintiff an advantage which otherwise he could not have obtained until the next Terns, proceeded to state, that if there were anything in the reasons urged for orening the consolidation Rule, which went to the jostice of the case, he shoild be most anxious to give the parties the advantage now sought in their behalf. The facts of the case had been, however, thoroughly sifted by a Special Jury, composed partly of underwriters, and partly of commercial men who were ship-owners, who thought, as their verdict sheaved, that the Captain had, in point of fact, sold the ship for the benefit of all the parties in the cause. How, then, could the Court, upon the reasons urged, grant the application? The Court were always disposed to open a consolidation Rule, where permitting the verdict previously had to stand would be productive of injustice; but the Court could not come to such.a conclusion here, nor now permit the Rule to be opened upon a mere point ot.form, involving only the particular time when the notice of abandonment was given. The law of aban- donment had been already Etid down in that Court, and they would adhere to the adjudication upon that point, for the reasons given when it was pronounced. The Court could not in the present case accede to the application for opening the consolidation Rule. Mr. Justice PARK and Mr. Justice BORROUGH were of opinion, that to open the consolidation Rule in this case would be productive of injustice. Mr. Justice RICHARDSON said, that the circum stances involved in the application this day were af ferent from those previously made, when he had the misfortune of differing from the rest of the Court.-- He was of opinion with his brethren, that this appli cation ought not to be granted. NEWCASTLE, NOVEMBER 27. Friday afternoon, Sir Roam WILSON made his appearance on horseback in this town, %% hen a num ber of persOns assembled to have a sight of the gal. lint General, who addressed them in a short speech, in Pilgrim-street. He observed, that he had been se. lected by Ministers as a fit object of vengeance from the conscientious opposition he had displayed to their proceedings. He felt proud that his fellow-country. men so warmly approved of his conduct. He had ever regulated that conduct through life by the strictest principles of honour and independence.— The people he had the pleasure of addressing could better . judge of the propriety of his beha viour, when i t came, as it very shortly would, be fore he consideration of the House of Commons.— From the documents that would be Paid before Par liament, they would be enabled to judge how far his abrupt dismissal from the Army was justifiable— they could then decide how far he had merited their good opinion. The feeling which had been expressed so generally throughout the country in his favour, had made such an Indelible impression on his mind as no time could erase, and could only cease with his existence. His gratitude should be expressed, not in words only, but, he assured them, that when their liberties were at stake, he should ever be found at his post, the firm and faithful advocate of the Peo ple's rights. Previously to his departure for St. Helena, NAPO. LION deposited the sum of four millions of francs in a banking house. He has distributed it, by his will, between General MONTROLON, to whom he bequeaths two millions, and the Generals BERTRAND, DaconeT, GOUROAVD, and M. LAS CASAS, Dr. AUTOMARCIII, his Almoner, and several other persons who were at tached to his service. Such is the truth of facts, which the English Journals have strangely misre presented, and which we were not allowed to cor rect sooner.—Fronde Paper. Last night, or early thii morning, the shop of Mr, JON as, silversmith, opposite Somerset House, Strand, was broken opea, and property to the amount of £4O carried off. The villains were disturbed during their operations, or the loss would have been greater. • - HUNTING. The Berkeley Hounds threw off on Monday last, at. Bads. worth, where they found, and had one of the finest runs re membered in that County fur some years, passing Hartley Bot tom, Litalcomb Wood, Hillcote, and Linevor, to Upper 1)ow.. deswell, a distance of twenty ;diet, in one hour and twenty minutes. From the heavy state of the country and the !IMMO fleetness of the hounds, all the hones were beaten. COURSINQ.—ROMAN CAMP. Tuesday see:might, the following klatches were decided: General Sharpe's black bitch Sylph, and black dog Steil!, against Mr. H. Dandee's yellow bitch Verment * and blue dog Sultan, lb guineas each run, and 25 guineas the main. Mr. H. liundas's Varment beat General Shari:Allylo. General Sharpe's Swift beat Mr. 11. Dondas's Sultan. General Sharpe's Swift beat Mr. 11. Dundes's Varmeet, and won the main. General Sharpe's black deg Sdng beat Mr. H. Diodes's Moe bitch Zora. Mr. Aitchison's black dog Omar beat 11r.Wilson's yellow dog Drier; and Mr : H. Dundee's black dog Oscar against Mr. Ai:chi;ote's black dog OMA Undecided.