Star. — London, England, 1822-12-21 00:00:00

W r~ Pre LAW INTELLIGENCE. COURT OF MA N CERT, - DECEMBER ito. LORD PORTSMOUTH. Mr. HORNE said that he had been given to under stand that his - Lordship had communicated with some of the parties on the. subject of the Commission, and that the Commissioners were appointed : be desired to know if the time was rued for them to commence thtir dirties? Th ‘ Lt, RD CHANOELLOR thought that be c*iild not well fix the time without first asking the Gentlemen who were to act as Commissioners, if -they had any particular wishes about the time: certainly, the sooner they shotiti begin the better. blraimasre said, perhaps it would be better for them tocommunicate with the Commissioners who were ap pointed, and then let his Lordship.know. The ATTORNEY-GENERAL could not understand how the Counsel on the other side appeared, after what had taken place. Mr. HORNE WONId not admit that the withdrawing of the.cetreat prevented the Counsel from appealing. The ATTORNEY...GENERAL had understood that the Court would give notice who should attend. Mr. HORN E asked if it was intended that the Com missioners should select those who were to appear? The ATTORNEY-GENERAL said, certainly not—his Lordship would select them. • The LORD CHANCELLOR did not apprehend tbat the clients of Mr. Horne and the other Gentlemen, by withdrawing the caveat, had disabled themselves from appearing or applying to the Court for permis sion to attend. Mr. TRESLOVE respectfully suggested to the Court that the word " attend," with regard to himself and his Learned Friends, was rather ambiguous. The Loon CHANCELLOR —By "attending," I mean to attend to oppose. Mr. TRESLOVE expressed his satisfaction at his Lordship's explanation. Had it been otherwise ex pressed, it might have placed them in a situation of • great difficolty. The LORD Cnatcemost—By withdrawing the caveat there was no supposition implied that they thought inquiry should not take place, but only a desire for th e inquiry to be so o.onductell that all the circumstances should be laid before the Jury, in order to lead them to a just conclusion. Mr. HOR-NE said, that what he was going to urge i respected the physicians; he thought that other phyH slcians should be allowed to see Lord Portsmouth.— He proposed that Drs. Ainslie, Latham, Monroe, and Willis, should be admitted. They were to the full as respectable professors as any who had been called in by the other side. They ought also to be admitted before the time should be fixed : it would be idle after wards to talk of their seeing him. The LORD CHANCELLOR did not think that unrea sonable. If the Gentlemen had the opportunity of reading them, it would be advisable that they should go over all - the medical affidavits which had been filed beforehand. Mr. HoRN E mentioned the circumstance because he thought that his Lordship might wish to communi cate with those Gentlemen. The LORD CHANCELLOR--It may be as well, or better, for them to read over the affidavits before they attend on me ; beca,se, if I have to state the effect of the affidavits, and they are to read them afterwards, we shall hardly ever get to the end of the case. Mr. HouNe said that be would take care that the Gentlemen should be informed of his Lordship's opi nion. After they should have read the affidavits, per haps his Lordship would then see them? The Ar luitNEV-GENZNAL proposed that some of the other medical gentlemen who had visited Lord Portsmouth, should attend upon his Lordship at the same time. The Lotto CHANCELLOR-1f he called for the at tendance of any of the medical gentlemen, he would call for the attendance of those who had seen Lord Portsmouth at the same time; because he wished those Gentlemen to hear anything he should have to say to \l r. Horne's physicians. Mr. HEALD understood that his Lordship had not given any express order as to who should attend.— It might occur to his Lordship that it would be pro per For the four physicians to see and examine the Earl of Portsmouth separately, as the other physi cians had done. The LortoCHANCELLOR.—It would be time enough to think of chat, after the physicians should have read the affidavits. He would then see them all together, and be directed by the physicians themselves whether they should see him separately or in a body. With respect to the Commission, he wished to be informed when the gentlemen would be ready to execute it? ..The physicians having read the affidavits, as his Lordship would probably be from town, lie would come down and communicate with them all together. Mr. HORNE suggested that the physicians should . consult with the gentlemen of the Commission, after which his Lordship would consult them all together. Mr. Hear said, he hoped the Court would re collect 'that he appeared for Lord Portsmouth under very particular circumstances. As his Lordship had said he wished to be attended by some Counsel, he (Mr. Hart) wished to know if the Counsel for Lord Portsmouth should attend ? The LORD tHANCELLOR—You, as Counsel for Lord Portsmouth, must decide that. • - Mr. HART said, he had been appointed by persons in sound mind to attend Lord Portsmouth under very particular circumstances. The LORD CHANCELLOR.—Then you must be in structed by those persons in sound mind again. I 'cannot direct you. Mr. II /slur said, that it would not be necessary for him to attend if his Lordship would give a special order that the feelings of Lord Portsmouth should not be hurt. The LORD CHANCELLOR said, that some inter course with Lord Portsmouth would he necessary :1 to what degree it should be allowed he could not say, nor would he direct anything until be was made ac %whited with all the circumstances. Mr. HART observed, that let the case take *hat ever turn it woold, Lard Portsmouth was capable of enjoying a great' pi 6portiori of the comforts of society, and thetefose it was isiportant that nothing should be done to affect those enjoyments he was capable of. The Loito . tirANciu.oa.—He had already given such directions as to the intercourse allowed Witten, 'Lord -Portsmonth would prevent his fore he (the Lord have had credit for , necessary to be done, Mr. HART said, ' him to attend : attendance, and . valuable suggestions. The LORD CHANCELLOR was ready to receive use ful suggestions :, he thought he ought to tee Mr. Bickerstaff. Mr.. HART said, that the Counsel for Lord Port-- mouth had met the disapprobation of both sides, which indicated that they had done right; or, at least, that they had not done wrong. The LORD CHANCELLOR was extremely anxious that some of the gentlemen should attend on each side when he met the physicians, because, on any points he might take , up with respect to the physi• clans, if he should be wrong, they (the Counsel) Would be able to set him right ; and if he were right, there would be no misunderstanding. EX-PARTE MURRAY. Mr. BRANIF.3 applied to have the name of the pe• tioner put upon the list of Attornies of the Court, en paying Gs. Bd. into Court. He had taken out a cer tificate in 1821, which had not bees renewed in time. The practice of the Court of King's Bench was to allow the certificate to be renewed with the usual fee of 6s. Bd. provided the party had not practised since 'the expiration of his certificate. Probably his Lord ship might remember the case of Adley, which he had determined upon. The LORD CHANCELLOR said, that he remembered it well, on account of the 6s. Bd. the proper disposi tion of which, so as to direct its course into the Ex chequer, had given him no small degree of trouble. Mr. BEAMES said, that the money had rested, he believed, for a considerable time in the pocket of his Lordship's Secretary—( Alaugh). The LORD CHANCELLOR did not know what had become of it. Mr. BRASSES presumed that he might have the Order, on paying Gs. Bd. into the Master's office. The LORD CHANCELLOR said, that the Order might be had, on paying such a fee as the Master thought fit to demand. IN THE MATTER OF RYE HARBOUR. Mr. HART said, that an objection had been taken to the trial of issues directed by his Lordship in this case. The improvements in the harbour were said to be dangerous to the neighbouring lauds. This caused the mercantile and agricultural interests to be op posed, and there were doubts if a fair trial could be had in Sussex or kent. He then read the affidavits from The Commissioners of the harbour, merchants, and other respectable inhabitants in the neighbourhood, stating their belief that an imparial trial could not be had in either of the adjoining counties. The ATTORNEY-GENERAL and MT. SHADWELL supported the original decree. The LORD CHANCELLOR directed the trial to take place in the county of Surrey. The issues embraced two points—first, the alleged nuisa-ce ; secondly, if, being proved a nuisance, it eristed previously to the construction of the harbour. riawrote V. STANIFORTII. Mr. HORNS was informed that an Injunction had been granted in this case on Wednesday. It was a question which materially affected the characters and property of his clients; more especially as accounts highly prejudicial to tem, stating the peculiar eh ' cumstances under which it was granted, had found their way into the Newspapers, and he thought it but fair that their characters sho uld be justified by the same medium. He begged leave to inform the Court that he meant to apply for the Injunction to be dis , solved on Monday neat. VICE-CHANCELLOR'S COURT, DECEMBER 20. GLASSINGTON V. TIIWAITES AND OTHERS. Mr. BELL moved for an Injunction to restrain the defendants, who were part proprietors of the Morn ing Herald, from making use of or employing the workmen and types of the above Newspaper, towards carrying on and publishing the English chronicle.— Much uninteresting argument took place, and his Honour finally granted the Injunction. With re gard to the question of exclusion of one of the parties, his Honour said he should not interfere, as it formed no part of the present application. COURT OF KING'S BENCH, DECEMBER 20. PERJURY.--.THE KING V. MEAD. This was an indictment for perjury. The defend ant was yesterday found guilty on an indictment for a similar offence, committed in giving evidence on a trial in the Court of Exchequer. The perjury in this case was also assigned on the evidence given by the defendant on the same occasion. This case having been called on, The CHIEF . JUSTICE asked, if it would not be bet ter to save time, and not proceed with this case, the defendant having already been found guilty on a si milar indictment. Mr. JARVIS said he believed that time was no dis cretion left to the Counsel. Mr. Abbott (the Clerk) then called over the names of the Special Jurors; but five only answering so :their names, One of the Counsel suggested that the prosecutors I here could not pray a tales without a warrant from the Law Officers of the Crown. The CHIEF JUSTICE said, that without such war rant a tales could not be prayed. But the defendant might pray a tales. The SOLICITOR•GENERAL (the Attorney-General being absent), on being called on, refused to pray a tales. There were eighteen other indictments against' other persons for perjury, arising out of the same case; but as they were successively called on, and the Special Jurors not appearing, the SOLICIFOR•Gi• NERAL refused to pray a tales. Mr. Joses, Counsel for the prosecution; at length moved that the Special Jury:men who did riot attend should be called over arid fined. The Crites JUSTICE obserVed, that there was yes terday a very full attendance of Specie! Jurymen, and as they were not re-summoned, his Lordship did not think that they ought to be fined. 'Eke whole 19 indictments were thus got rid of. Mr. JONES moved that the defendant who was yes terday convicted should stand conithitted. ' Mead was then called, but gill noj appear. twax V. iiceviwern. This was an action to retoiret•ilartages 'for the the-door to deliver the letter, _.4 was . . the act of ringing the bell, he heard a crash and shriek, and found that the wheel of one of the defendant's caravans had come in contact with the wheel of the. chaise, and had °onset it with_great violence; Mrs. Bury was thrown out , and her wrist p artiall y dislo- ' rated, so that she underwent the most exquctating pain, was put to great expense for medical attend ance, and was deprived of the means of eserciling her professional skill. For the defendant several witnesses were called, among whom were the drivers of this and another cara van, who deposed, that such was the quiet pace at which it was driven, and such the position of the chaise, that the accident must have arisen from the motion of Mrs. Bury's horse, which she had no shill or power to controul. . • . The Jury retired for snore than an hour, and then returned a verdict - for the plaintiff—damages 12.51.. • EDWARDS V. PLANK AND OTHERS. This *as an action of trespass' brought by a wo man named Catherine Edwards, against Plank, Med bury, and Waites, three police officers, and a person named Lack, who was with them at the time of the alleged injury. The plaintiff was indicted at the Middlesex Sessions by•the officers, for an assault on them, in reference to the same transaction, convicted, and sentenced to be imprisoned for a month. It appeared, that on the 2J of November, 1821, Mr. Lack, who was working at the erection ef some buildings for the Duke of Gloucester, obtained war rants to search the premises of Mrs. Edwards, for timber and other articles, which he suspected to be stolen. With this warrant he and the other defend ants went to the plaintiff's house, in White Horse street, Piccadilly, where they found some fire-works, but none of the goods which they sought. They then proceeded to her shop, in Shepherd's-market, where they found her sitting before a large fire, on which was a frying-pan, and near which was a pewter pot. They entered to commence their search, which she resisted, and ultimately they found no stolen good!, but they brought away a great quantity of fire-works prepared for the sth of November, and took the plain tiff into custody on a charge of assault. For this al leged assault, she was punished with imprisonment for a month. An information was laid against her for exposing fire-works to sale; but the Magistrates thought it could not be supported, and directed the 1 fire-works to be prned, but she refused them. The plaintiff's 'Witnesses now described her as having been most violently assaulted and beaten by the officers. Lack, however, having been acquitted in consequence of the action against him being com menced after the expiration of six months, gave evi dence for the other defendants, in which he repre sented Mrs. Edwards as seizing the officers by the neck with great violence, and as receiving from them no violence, but such as was necessary for their own safety. In this account he was confirmed by other witnesses. The .LORD -CHIEF JUSTICE observed, that at all events the seizure of the fire-works could not be jus tified. A verdict, therefore, must pass for the plain tiff ; and if it was taken with such damages as would carry costs, it might teach the officers a useful lesson not to exceed their duty. Mr. SCARLETT, fot the plaintiff, and Mr. ADOL PHUS, for the defendants, acceded to this sugges tion ; and, accordingly, the Jury found a verdict for the plaintiff—Damages 40s. COURT OF COMMON PLEAS, DECEMBER eo. HARRINCTON V. FRY. .... This was an action to recover £123, the value of certain articles of rigging furnished to the brig Eliza beth, of which the defendant was part owner. The delivery of the articles in question was proved. It was also proved that the defendant had given orders respecting the ship, and in other respects acted as owner of the said ves'el. For the defendant, it was contended by Mr. Ser jeant PELt, that there was not sufficient proof of his being part owner, and therefore that he ought not to be calltd upon to pay. The ship's register was put in, in which it did not appear that the defendant's name was entered. Mr. Justice PARK held that there was sufficient evidence of ownership, notwithstanding that the de fendant's name was not in the ship's registry. The Jury thought so too, and gave a verdict for the plaintiff for the sum claimed. • WAKEMAN V. ROBINSON. Mr. Serjeant VwucIIAN stated this case to the It was an action .to recover the value of a horse, which had been killed by the defendants negligence in driving his gig with violence, by which the animal received a violent hurt in the shoulder, of which he afterwards died. It appeared from the evidence of several witnesses, that on a day during the last Epsom races, the de- , fendant, accompanied by a friend, was driving in his gig by Newington, in the direction towards Epsom. A waggon, drawn by four horses, was coming in the contrary direction. Both were at first at their proper sides of theroad. Defendant was driving at the rate of eight or ten miles an hour. A Greenwich coach was coming along, and in order to get past the wag gory, it went on the other side. Defendant drove between the two; in doing which he pulled his off instead of the near rein; in consequence of - which, he struck against one of the wagon horses, and the , shaft of his gig entered the animal's shoulder. Is - and his friend were thrown out. All the witnesses for the plaintiff who saw the accident, con curred in saying, that it was occasioned by the de fendant's want of skill in driving. The horse was proved to have been worth AV°. Besides this sum, 1:1 10s. was paid to a farrier, who attended the horse after the wound. Mr. Serjeant PELL, for the defence, admitted that the death of the horse was caused by the de/indult% gig, but that it was driven against it hr a . butcher's cart, which came suddenly from a lane, - which the defendant was passing: - It would be proved that it did not arise from the defendant's negligence, or want of skill. Mr. Whitaker, the gentleman who was in company defasislatat at thy ties the accident iNcarrea, • ir e , st itt. t t, dat 'the `delheana passed ~ a butcher's, heitie'cifine against the gi g; idefehelantij i Pltriffed , indenioured t 9 The 'tfahrWak reviled himself to pull .onsid, and in the tit the shaft came stgainst borsennd entered its stsotilddr. Thesccident was ied bY'dtellifehtliftles'erstnt.of skill. He had Witness hs - his Video.", dad drove very well. BPlr. justice PART said, that a/emitting this evi.. este to true, it sfaukilms se defame to an action Of trespass. The Jury found fordieplai miff 111. • LON'tioN Yesteklay, these adjoat e ll Sessions . .triiieleld be. 'fore the RIBCORDER and a neh•9f Aldermen. A man named Hu uge vats_ indicted for an assault 'upon an officer named Macky. ' It appeared that the Officer, accompanied bt other, heard loud screams and cries of "Murder !" in a liouSe'neir Billidksgatt inaiket. Upon going to the honse, the door of which they'found open, they saw the piliOner beating - his wife in a dreadful - man. ner. The rage of the fellow, hoWeiter, increased upon finding new objects to vent it upon. The moment 'the officers entered, they were attacted by the pri *souer, who seizeJ a At er, and aimed a blow at the prosecutor's head. Yery luckily the aim was a bad diie, but the offiCers rEccited in their attempts to pre vent any mischief several knocks of a serious nature, and with the'utinost difficulty prevented their assail ant from doing fatal miicliief. • The prisoner was defended by Mr. AunntEvrs, who said that the evidence was of Such Z nature as not to be shaken by anything that could be stated on e part of his client. Tile fact, he added, was, the tin. fortunate man considered that he ought to exerc, , e the most unbounded controul over his wife, and that his house was his castle, into which no man had a right to enter on any pretence whatever. The Jury found a verdict of—Guilty. The RICCORDER, in passing sentence, said it was well for the prisoner that the blow he had aimed at the officer's head had not taken effect, otherwise he would have had to answer, probably, in a must awful manner. The sentence upon the ptisoner tor the above stated assault, and for another assault on the other officer, was, that he should be impri. , oned fur twelve months—six months for each offence. The prisoner's wife, notwithstanding his cruelty to her, which was well known to be of frequent occur rence, screamed at hearing his sentence, and hung round his neck with the Most violent affection. On the evening of the sth inst. a poor woman and her son (a boy about ten years old) procee.led in the storm from Church-Stretton market, in Shro:shire, towards their home at Prolsmoor, a distance of about four miles, but the violence of the tempest aas so great, and their fatigue so excessive, that when within about 500 yards of their own house, they sunk under the accumulating difficulties of their journey. The shrieks of the poor woman were heard by a cottager, who went to her assistance, and she was with culty recovered ; the poor boy was quite dead ; and two couple of fowls which were by him were also quite dead, and covered with hail. Thursday morning, the sth instant, eleven sheep, the property of Mr. Watt, were formi quite dead, and closely huddled together on a small knoll or eminence on the farm of Auchenlick, in Ayrshire.— On the night preceding a few peals of thunder were distinctly heard ; and it is supposed that the poor animals had been struck with lightning, while peace fully bivouacking on the said knoll. NEWGATE Aso LEA DENII A M A ILK ETS, Mc. 20. (By the Carcase.) Beef ... Mutton.. —.lts cd to 3s Od I Pork as 4d to 4s 24 0 0 HOPS. EW roc': 1 7 Ti. Kent Sussex 2l 4s to 51 Os Essex Farnham i a d. i t t i f i nttins. es: *Agent 4filies s mom til Alefelo,*qA . .. . !dal the de f. s feeli4gs froth beirig)sisrt, Thee- -a-1t 'appeared thin the lil . i,tir we1,.1 ,e! . ....30 less called. Chancellor) tli3ugift tliat - he might 011 . cet in the Army, whoverpteted ... f .. . die weggon, br doing whatever should befall-her children by .teaching music. I .L. a Aar* lite *horse (41e one, in the same manner. • been in a 0440)0 - se chaise to DIMS, airctlimpii - ism beik— I, that it would be unnecessary for by a Gentlossao named Tyler : she stopped Itd,' 'him 'mimed, but Mr. Bickerstaff would be in house of a MvaX borsesn• icholls, in Vaushall,, to deliver alet• 'the he could offer to his Lordship some ter. Mr. Tyler left her in the gig, while he went te net ciiiied b this:A/10r to deliver the letter, and es he was iit the i drieett Mute PRICE 0 NEW MACS. Kent Stissex 2l Os to 21 8s F.ssex Foreign - . COAL. MARKET, DEC. 20. Adair's 41s.—Burdon 42s o(l—Heaton 44:—.-Ilebburn Main 44s—Percy Fast 38s 9d—Pelaw Main 421 Killingwordt 44. 6d—Tanfield Moor 425—Wallsend Brown 43:—Wallsend Russell 45: 64—Wall:end Northumberland 43s 3d— Wallsend ltiddrll 45*—Wallsend Stewart 46s—Wallsend Stobart 435. 1751 Ships at Market-112/Ships sold-61 unsold. COUNTRY MARKETS. Ogroao, Dec. 14.—Wheat 4s. Bd. a bushel. The price of a halfpeck loaf (household) is. Bottum . , Dec. 19.—Wheat 2s. 3J. to 55. Od—Beans 3s. Od. to 3s Bd.—Vetches, Os Od per bushel.—Barley, 18s to 285-- Oats, 16s Od to 28s Od prr quarter—Bread, ls Od half peck ; and smaller in proportion. Flour 225. to 38s. per sack. Cessions, Dec. 19.—New Wheat per load £lO 10. to £0 Os. Wheat, £7los to £lO 10s--Barley, per qr. 26* to 74. a. —Oats, 18. to 27s—Beans, 275 to .745.—l'eas, 28. to Ms. COURSE OF Amsterdam l2 6 C.F. Ditto at sight 12 3 Rotterdam— l2 7 2U. Antwerp, ex-mo 12 6 Hamburgls 37 9 2U. Akona 57 10 1 U. Paris, 3day'ssight 25 55 U. Ditto 25 85 ell Madrid, effective 361 Cade; effect 351 Barcelona ...... 351 effective EXCHANGE. Seville 151 Gibraltar. ..... Leghorn Genoa ...... 4.; Venice ltal. Liv. 30 Malta ...... Naples Palermo llll pet us. Lisbon sli Rio Janeiro 46 Dublin C0rk....... PRICES OF GOLJ Foreign Gold in Bars New Doubloons New Dollars Silver, in bars, standard D AND SILVEIt. s 17 6 :::. ** ................ .. .. :::::: 0 o 0 4 4)rt O 4 1 I On the 17th instant, at Greenhill Cottage, Side it, near Bris:l. the Lady of Captain J. Wilson, IL N. of a d tug !arr. DIED. Tuesday, at Southampton, Charles Young, Esq. aged 36 fourth son of John Young, Esq. late krofeasor of Greek, in ti e University of Glasgow. December 10, at Felton& Parish of Tongueland, in Gallow?. Mr. WeUwood Morrison, Lite of Manchester. N 1 A l LS. MIL DU IG Dublin 1 0 am " pus. France 0 1 Humtnargis 0 0 Flanders 0 0 Waterford 1 0 Guecnsey and Jersey 1 0 astum 0 1 0 0 ;Malta 0 0 C;ottenhurgb 0 1 0 41 Brazil LettwArd Islands rilGH•WATtiitat LONDOte 11it1134411 TO- ot&UHlt ►n. Mcrnin - • ett onlopten after 7 Afternoon - 11 minutes after 8 _ - LONDON : inuard and puisii.hed by Lava. K SST, ?mon place, Telapk-bar. • ;