Star. — London, England, 1803-04-19 00:00:00

IRELAND. DUBLIN, APRIL lA.—Yellerday a number of convilts were taken from Newgate to a tranfport,l in order to take their 'mirage to Botany Bay. Monday morning, a fine child, ten months old, belonging to an inhabjtant of Henryfireet, was (mothered, by a fervant inadvertently turning up a prefs-bed, in which the child was lying. KILKENNY, APRIL I I.—A perfon was fired at and wounded on the agth of March near Webbf borough, in reeking poffeffion of Tome lands, and it was confidered as fufficient grounds for palling prefentments under the White Boy Al, that the county was in a hate of difturbance. Our Affixes. ended yeflerday. There were eight records in the county, none in the city. They were all mere Jury queftions. There was only one of any weight, BRYAN V. LORD CALLAN, for wine rates. It was fuppofed that it would !aft the whole day ; but after examining two or three wit urges, a verdict was taken by content for t Soot. Subfcriptions were entered into at the Affixes to a large amount for races here in the rummer. They are fixed for the latter end of June. It is very furprifing that at this very critical time, the Fifefhire Fencibles, a very fine regiment, fhould be difbanded here. This town, for a fortnight palt, /las been in a conflant Rate of terror and alarm from the continued fcenes of riot and drunkennefs occafioned by above twenty recruiting parties fent here to pick up there dilbanded men. TO THE EDITOR OF THE STAR. Sta---The beautiful Smile, which the MANTUAN POUT has ir troduad, in his defeription of the regret of Orpheus for the loh of Euridiee, has been no lob jultly, than univerfally ad mired, as one of the fineft allofions in the Poems of the An cients. Few of OUT modern Trannators have been fuccefs ful in preferring its beauties. Dryden has thus turned it : es So, dole in poplar tholes, her children gone, The mother Nightingale laments alone : Whore neft tome prying churl had Rama, and thence By health conveyed eh' unfeather'd innocence. But lbe (applies the night with mournful ftrabss, And melancholy muse fill, the plains." And Ts AP P with no better &eters :- O As when complaining in melodious groans, Sweet Philomel, beneath a poplar Bode, Mourns her loft young, which tome rough visage hind Obferving, from their neft unfledged, has Role : She weeps all night, and perch% upon a bough, With plaintive notes repeated fills the grove." Las has attempted it in his Theodofius:—.- ▪ As, in hose poplar Bade, the Nightingale With piercing moans does her loft young bewail, Which the rough Hind, °Having as they lay Warm in their downy nett, had Rolm away ; Bop Be in ssourniad Resins does Rill complain, Map all the night, though all her foots are vain, And Rill renews her :alterable Resin." With the greateft deference to thefe immortal Poets, I beg leave to fubjoin the following adum bration : As when lore Monad in poplar bade, Laments her 'misdeed innocents barred, Whom fame rude Hind with more than iron balsa, Had torn retold& from their When neft ; On Rye's fait gale bet plaintive mak dies, And frniptbetle groves return her baba April a iitADlNOtTalt. Barvisc Rona.—The favourites for the free Handicaps, which Rand for the next Newmarket Meeting, are Lignum Vita, Penelope, and Young Eclipfe.—For the Derby, the brother to Stamford; and for the O4ks, Mr. Howorth's Celia filly. An old maiden lady, who lived in Cleveland row, (a Mils 11E1,111w:a ), who died lately, has bequeathed the fum of so,oool. to Government towards the reduCtion of the National Debt I—The will was proved on Saturday laR. Mils Goonsa a is the Colonel's daughter who has carried off Philiem, the Chaffee Stage Coachman. Lion IT Clan, !—To the difciples of Galva. nifm we recommend the perufal of the following curious article from a late Frankfort Gazette : In an limped al city, lately, a criminal was condemned to he decapitated, who bad a fingular itching to play at nine pins. While his lenience was pronouncing, be had the temerity to offer a respell to be permitted to play once more at his fermi rite genie at the place of execsidon, and then be laid he Should fubmit without a warmer. As the Lift prayer ofa dying man, his millet was panted. When arrived at the Wenn lent, he found every thing prepared ; the pins being yet up. and the howl !icing ready. 4e played with no little earneftnefs-Aot the Sheriff at length fedng that he hewed no inclination to &SA, privately ordered the ezonnieder to Adige the fatal blow as be ftooped for the bowl. The executioner did In; sad the head falling, ft* Imo the culprit's band, and as he railed hienfelf to fee what bad opearrod, be immediately aimed at the nine, con ceiving it was the bowl which be raked. All nine failing, the head loudly exclaimed. By have won the game!" On Saturday afternoon a poll chaife and four drove withgreat violence through the town of Ken fingtoo ; infide were a young lady and a man firuggling. He grafped the lady's throat in a moll brutal manner, apparently endeavouring to prevent her from calling for Alliance. Smith. the fl►am Parton, who was conviffed of forgery. and who was ordered for tranfportation, died lag week at Portfmonth, after being removed from Newgate fur the purpofe of being conveyed to Botany Bay. The New Comic Pantomime of the Rim! Statun,' at the ROYAL Coact's, rifts rapidly in the Public favour. The Route was uncommonly crouded laR night, and the whole of the Performances, which are of the defcription, were received with the moR unbounded applaufe. ENGLISH LOTTIRT—FIFTH Day of DRAWING. ....Yeßerday the following Numbers were drawn Prizes above go). : Nu. 301. • Prise of sopoollo. 1 3,333, a Prised tool. 41.316, - - Lima 40434, tool. 45P,11. - - 1001. 4141111, . 1001. The Ticket No. 308, drawn yeßerday a Prize of 20,0001. was fold at Marrs. HAZARD, Bt as a. and Co.'s Office, Reyal Exchange i where No. Mot& drawn the fourth day a Prize of 20,0001. and No. 31,413. drawn the 3d day a Prise of 1 0,0601. were both Said is Shares. LAW INTELLIGENCE. COURT OF KING's BENCH, APRIL a. SITTINGS BEFORE LOAD ELLINISOLOUGH AND • SPECIAL JURY. LORD KEITH V. PRINGLE b z This was an adtion between the Noble Plaintiff) and the Defendant refpeeting his right to a (hare ' s of certain prizes. Mr. ERSKINE obferved, that the Counfel on both fides had thought proper to make a cafe for the opinion of the Court, upon the queftion between the parties, with leave to turn it into a fpecial Ter did, if it (hould be deemed advifeable. A verdiet was taken tor the Plaintiff for 841. fubjed to the opinion of the Court. McARTHY AND MMUS V. GLOVER. Mr. Otzes (teed, this was an aelion on a policy of infurance on freight,. from Riga to Chatham, London, Portfmouth, and Plymouth. The affirm was brought by the three Plaintiffs, who were the Owners of the (hip called the Thomas, to recover the amount of the Defendant's fubfcription, which was zool. The (hip was chartered to proceed from London to Riga, to take in a cargo of timber, which the was to bring to this country at certain flipulated rates. She arrived at Rigs, and had taken in ( even - eighths of her cargo, when an em bargo was laid on all Briti(h (hips in the ports of Ruflia,by the late Emperor. The Captain and crew were taken out of her, and ''were marched up the country. Information of this arrived in this coun try, early in January 18ot, when notice of aban donment was given by the Plaintiffs to the Under writers on the freight. 'the veffel had been like. wife infured, and notice of abandonment was alto given to the Underwriters on the (hip, who accept ed of the abandonment and paid a total lofs. In May, 18ot, an order was made by the Ruffian Government for the releafe of thefe (hips and their crews. In confequence of that, the Thomas took in a full cargo, and arrived at Plymouth. A queftion of very great importance to the commer cial world had arifen in this cafe, whether the in furers on the freight, or the infurers of the (hip are entitled to that freight ? But in whatever manner that queftion might be decided, there could be no doubt that the Plaintiffs, who are the owners of this veffel, and for whom the freight was under. written, and who abandoned that freight, were entitled to recover the amount of it from the Un derwriters on the freight. The veffel being feized, and the voyage loft for a time, they had clearly a right to make that abandonment. As the (hip arrived Cafe and earned her freight, that freight was due to fomebody, but was not due to them. i They went for the amount of that freight which they had originally an inchoate right to from the Defendant, who, with others, infured to them the lofs of that freight. Although it might be a very confiderable queftion, whether the freight which the fltip earned be due to the Underwriters on the (kip, or to the Underwriters on the freight, in con fequence of the Plaintiffs' abandonment, it was apprehended there could be no doubt that the ori ginal owners of the (hip were entitled to recover the freight, from thofe who infured the freight to them. On the other queftion there was very great difficulty, and different opinions were entertained among Lawyers on that point. And if his Lord (hip fhould think that the queßion as to whom the freight was due had the leaft conflation with this cafe— Mr. Emus 2,leading Counfel for the Defendant, here interpofing, Paid, that was a (Indian with which he had no concern. Mr. Guess obferved, that his clients alfo bad no concern in that queffion. After the policy in this cafe was proved, the Counfcl for the Plaintiffs, at left, after a good deal of difficulty, faeceeded in proving a notice of abandonment given to Mr. Glover. Mr. Easetu a on the park of the Underwriters, Rated this cafe to be one of the plaine ft in the world. The Plaintiffs infure their (hip with one fet of Un derwriters. They infure the freight with his client. The (hip goes to Riga—(be there falls under au embargo—there is an abandonment of the freight to his client, and the other Underwriters of the freight. I abandon to you ; that is, I place you in my fituation by my abandonment. I confent that you (ball enter into all my rights ; and if the veffel (ball arrive afterwards, and earn a freight, you (hall have that money in your pocket. But though I underwrote the perils of the fea, and the other rifks contained in the policy, that does not prevent you from recovering on the contrad. The veld arrives—the earns her freight. Why do they not receive k ? They tell you, there is a policy of inforance on the (hip : do they give any evidence of that ? And in confequence of the abandonment of the (hip, the Underwriters on the (hip received it : and therefore you mull ecmteft that right with them. Mr. Conner, one of the Plaintiffs, and the mailer of the (hip, received the freight himfelf. He after wards pays it over to the Underwriter son the Chip, under an indemnity, in cafe there might be any right to recover it back. And then he, and the other two Plaintiffs, bring an aelion to recover tool. per cent. The Learned Counfel faid, he (hould prove that Captain Conner had received poi. and then be caufe the Underwriters on the (hip had received the remainder, the Plaintiffs torn round and bring this action. The Plaintiffs mutt thew they have done no one a& that was Incontinent with their abandonment. He fobnaitted, the receipt of that money amounted to a revocation of their abandon ment. And by an abandonment alfo of the (hip, the Plaintiffs had done an aft, by which, if the Un derwriters of the freight were bound to pay the Plaintiffs' prefent demand, they could not recover it back. Mr. ERsaira proved the receipt of soot by Cap tain Conner, on account of freight. But he had no evideace to fubllantiate the influence on the flip, and the notice of her abandonment. Lord E LLLLL °ROUGH told the Jury, that they had no evidence of any policy on the fhip, and ' therefore this was the common cafe of an abandon• meat of the freight by the owners of the (kip, who were then in a condition by law to abastdon.—Ver , dia for Plaintiffs, 2 oa. CARTO V. ♦AVGHLIJ AND ANOTHER. According to Mr. PARKE'S opening, the circum- Dances of this cafe were very Ihortly dick Carto reticles in the Ilk of France, in the Eall In dies. The defendants arc refpeitable gentlemen in this city. One of them joined a Mr. Spooner, an American gentleman, in an adventure to the Eaft Indies. Their 'hip, called the Sufan, arrived at the Ifie of France, where the plaintiff refided. He lent Mr. Spooner 59581. When the Ihip and cargo arrived in this country, the was detained, but was afterwards liberated. But before her li• beration, the plaintiff called on Mr. Spooner, in America, for his money. Mr. Spooner not having received the proceeds of this cargo, was not in a condition to pay it, but very honourably afligned to the plaintiff his moiety of the Sufan, and of her cargo. After that, the plaintiff wrote to the pre-, fent defendants, giving them this inforniation, and desiring them, who had received this money, to correfpond on this fubjea with a houfe at Ham- burgh,- of the name of Chaproufe and Co. The Mars. Vaughans, not attending fufficiently to ' the terms of the plaintiff's letter, not only corref ponded with the houfe at Hamburgh, but inad vertently paid them this 59581. Mr. PARKE faid, this was done from mete mif take. He had known the defendants too long, to fuppofe they were capable of ailing from any im proper motive. But he fubmitted, that the plain tiff was clearly entitled, in the firft place, to reco ver that fum as principal money- Mr. ERSKINE, on the part of the Me as. Vaugh ans, faid, his Learned Friend had (poke of his clients in the manner their charatter called for.— It was impotlible they could have any improper motive for paying this money to the ironic at Hamburgh. He was afraid •it was very much againft their intereft. He had allowed his Learned Friend to Date this cafe without interrupting him, as his clients walled to have the opinion of his Lordfhip on the fubjeCt, by which they might be the better able to have a remedy over againft others, to recover back :his money. The Jury were of opinion, the plaintiff was en• titled to a vercha for 59581. The next queftion that arofe in this cafe was, whether the plaintiff was not entitled to intereft on that furn; from the ag.th of July, :Soo, the day when this money was paid by the defendants Lord ELLENZOLOUGH fubmitted to the Jury, that the Plaintiff was intitled to intereft. The plaintiff, as appeared from this cafe, meant that.; it should bear intereft, while it was in the hands of the defendants, and if they did not chute to pay intereft for it, they ought to have given notice to the plaintiff, who had a right to be the judge on what terms it should remain in their hands. It mug be ad madam fehastit. That notice the defers dams had not given. Mr. HANKIIK, one of the Gentlemen of the Jo-' ry, obferved, that Mr. Vaughan bad not an op portunity of giving the plaintiff' notice, as from a mifunderttanding he parted with the money. Lord ELLk LL ortouom obferved, that it was cer tainly a hard cafe on the defendants; but that mifunderftanding would not redeem them from the performance of this: no hardfhip could alter the rules of law. The Jury allowed intereil from the 24th of July when this money was paid over. HOLM'S 11. CN•LMRRP •MD OTHERS. This aftion, Mr. &MINI Paid, was brought by the plaintiffi who is an Infurance Broker, to reco ver the fum of 29761. under thefe circumilances. The defendants are the affignees of a Mr. D'Oli• veria, a Bankrupt, and had an this cafe conduced themfelves with fo much politenefs and honour, as not only to merit his thanks, but even the praife of every Court of Juflice. The Defendants gave the Plaintiff orders to infureproperty that had be longed to the Bankrupt,to the amount of ta,oool. The premiums he had laid out for that purpofe amounted to 29761. the furn for which the aftion was brought. As Mr. Etyma obferved, this money was clearly expended for the benefit of all the Creditors, and therefore none of them could objet to this money being paid out of the Bank rupt's Efiate. Mr. Pa ale e,wlto was Counfel for the defendants, obferved, that his clients were not affignees at the time the agreement was entered into between them and the plaintiff, and this was one of the difficulties in the cafe. Lord Ei.t.ssamtouou, on eonfidering the terms of the agreement, thought the Defendants were perfonally liable to anfwer for this money. He hoped they would be entitled pay it on: of the Bankrupt's elate, as it had been expended for the benefit of that elate; but on that point his Lord= [kip delivered no exprefs opinion. Verdi@ for the Plaintiff, 39761. GRIFFITMS G. KENSINGTON* MIL °MOW faid, this was a queßian, whether the defendant, an opulent Banker, fhould pay his butcher's bill for the liberal fupply of his table for a certain period ? and email*. if the jury fhould not find a verdift in favour of his client, all he could fay was, that himfelf and his Learned Friends around him had aFted very unvrifely in- deed in paying their butcher's bills for the fait two or three years, for that it would have been much more prudent in them to have inveßed the money in the public funds. He undertiood he was to be told that his client. the plaintiff, had not 'given credit to the defendant, but to his cook ; in other words, that be had trußed a beggar, fcr the was at this moment in prifon, having been arreßed by her matter, whole money the had mod wickedly embezzled. He had heard the late Lord Kenyon fay. that if a man fent his fervent out cloathed with his credit, he was bound to anfwer all the confequences of his improper ufe of it. He wifhcd perfons of large climes would condefcend to look a little into their own affairs, certainly it would eventually be much better for them; but if they would truß to confidential clerks and fervants, the fault was theirs, and honed tradefmen ought not to be injured by their folly. It might be laid, that the plaintif f ought not to have fuffered the bill, which it was the objeft of this aftion to recover, t o have gone on fo far. In anfwer to this he had o nly to obferve, that tradefmen, to whom large bills were owing from men of fortune, were Ire. quently IMF applying to them lea they (holtld give offence a..d lofe dick cuttom. The Learned Connie' alluded to the cafe of a Gentleman, whom he defcribed as a moll amiable chara&er, who had had this truth exemplified in a way extremely jurious to his feelings. It happened that his brewer called at his bottle with 'a (mall bill, and he ob.. ferved there could not any thing owing to him, unlefs he had fent in in the cowrie of the week, for that he had given his fervant the money to pay all his tradefmen's bills; however, he laid he would enquire, and call bpon him. He accordingly enquired of his fervant, who 0 dear, Sir! it mull be tome millake, he has been paid." The Gentleman, who was a Member of Parliament, and was jolt then departing for the Houfe of Commons, hail not at that moment time to call for the voucher. which his fervant pre tended would prove the pay ment of the bill ; but he afterwards thought it would be as well if he gave the brewer a call. Accordingly he paid the brewer a vifit, and was infot ntel it was a miltake, and that the bill had been paid. Upon interro gating him as to the probabi:ny of a middle. the brewer candidly (aid-4 , Sir, if I mull tell you the truth, your fervant has paid the bill fince I pre fenced it to you." He told me you was a very good man yourfelf, and always gave the money to pay your tradefmen punCbially, but your Lady had filch an itch for gaming, there was not getting a tingle guinea out of her fib. Upon inquiry it turned out, that this infolent fervant bad told the fame kind if (tory to all his tradefmen, that he had defcribed his matter as a punaual man, and his miftrefs as a woman who intercepted for the purpofes of gaming that money which he appro priated to the payment of his tradefmen. The whole Rory was as wicked as it was falfe. In the prefent tal e, whenever the butcher applied to the plaintiff's cook for his bill, the faid, my matter cannot pay it you now ; but here is fomething in part. The caufe was of very little importance to Mr. Kenfington, but it was far otherwife with regard to his client, the plaintiff. He had no doubt but Mr. Kenfington's cook had cheated him, but it was his duty to have controuled her and {prevented her from fo doing. It was impoffible for the plaintiff to force his way into the drawing room of this Gentleman, and tell him his bill was running on too far; he gave credit to his cook, under the idea that the had his fantion for run ning in his debt. The balance due to the plaintiff, after deducting two (urns of tol. which the defen• dant had paid him, without prejudice to the pre fent aftion, amounted to 471. and this furn, he had no doubt, the Jury would give him. The plaintiff's fervant proved the delivery of the articles contained in his bill. Mr. Eames faid, he wakCounfel for Mr. Ken. fington, and, in his (boa addrefs to the Jury, would (fate on what reafons and principles this ae. tion was defended.• He faid it was not neeeffary for his Learned Friend to have appealed to the au thority of Lord Kenyon, for the purpofe of flawing that if a man authorifed his'fertant to go to a but cher, and if he did not give him any money toper for the articles he port hoed. that he was account able for the credit given him; law,juflice =deem mon fenfe required in Inch cafe the ;rade:nen ought to be paid his bill. In the prefent intlance, Mr. Kenfington had always been very particular in defiring his butcher to bring in his bill weekly.— He had made it the condition of his employing him, that he fbould do fo, and for more than a year he had dealt with him, the Plaintiff regular ly received his money of his cook—for a length of time the had abed with honetty, and had devoted the money he had given her to the difcbarge of the debts the had incurred. What Mr. Keating ton complained of was, *at when his bill had been regularly paid, week after week, and that there was fuddenly an omiffion of the payment of it, that he did not give him notice of the eircum. Itance, in order thatlemight be put upon hisguard, and make enquiry as to the caufe. Mr. Kenfing ton, upon deteaing the difhonefty of his (avant, found that he was indebted to tradefinen, whole bills he had given her money to dilettante, in a fum amounting to fomething more than seal. — The Leas ned Counfel faid, he ' &mild prove that the Plaintiff had declared he had trufted the conk, and that he did not wins to mention the dram fiance, from the fear of hurting her in her matter's elteem. If this was fo. he ought not to look to the mailer for payment : if a man made tai agree ment with a tradefman to pay him weekly, and he g a ve his fervent money to difcharge the bilis, was it reafonable that he thould afterwards be call ed upon to pay the bills incurred by his fervent ? He would elk his Learned Friend Mr. Cearrow, wealthy as he was, whether be or any man, if Poch was the law, could keep a houfe over his head ? He was well perfuaded Lord Kenyon would not have expreffed himfelf in favour of filch a cloarine. He thought it was quite fufficient for a man to pay his Valls once. The Plaintiff bad re ceived his bills regularly for a year and a half, and upon that regularity of payment ceafing, be bad never thought proper to come near the Plaintiff to inform him of it. The Learned Counfel urged the incontinency of the Plaintiff's applying at dif ferent times for the loans of ten pounds, when he con. eived he had a demand upon the Defendant for a much larger film, and he thought his accep- • tanre of that loan a fufficierit proof that he bad no , legitlMMC or legal demand. A svitnefs, of the name of Carried. proved the circumftance of the Plaintiff having borrowed twenty pounds of the Defendant, but it appeared to be under the exprefs condition of returning it again. in cafe he &mild not prevail in his Wit againtt him. Blanche Morgan, the Defendant's cook. was brought into Court by Wear eels., in order to provecertain payments, but fuch was the confciouf nefs of guilt and flume the exhibited, that (be neither could hold up her head, or give the le in tatitfaaory tellimony ; nothing whatever was cul lefted from her evidence. _ Mr. Divatt, the broth er.in.law of the Defendaata merely proved, that he had recommended the plain. tiff under an affurance that he would be paid weekly. as he was paid by the witnefs, but he could Dot rove a pofitive agrecatest that the &sleep