Star. — London, England, 1803-01-20 00:00:00

I T IIiBdfiRE.ROTAL, DRUR2*-LANE. • Laa night Otway's Tragedy of Thf Orphan was ? hived at this Theatre, and properly performed the coftnnse of the Times. The Pores were, a► '. ately at Covent-Garden, the Cylaho and Aionimia f the piece, of whole rifting in thofe charaCters' re have had frequent occalion to fpeak very ra otirably. They both, however, have too much abound grimace. The Chamont of CHastes Cassisci is really a well delineated portrait, but ather too highly coloured. We feldom have een BARRYMoaS appear to more advantage, we nean in drefs ; of his performance of Polyeiw ae faw but little, as before the commencement of !he third ad it was announced that he had been fuddenly taken fo ill with (palms, as to render it necelfary to fend for Mr. Faastott, the Surgeon. Some intertuption in the performance took place, in confequence of this intimation, till at length Mr. BARCLAY, who lately appeared as Orlando, in //: Vou Like it, came forward, and read the part in a very impreffive manner, but Rill mete reading operated as a great drawback upon the general diete of the piece. Of the reit of the Performers We have nothing to fay which could pleale them, or that would be paying to the public.—The play 'was not well attended till half price.—Mr. BARRY :iota, after being let blood, was conveyed home in a coach. Sroatoso.—On Wednefday week a match was run over Ayr race.courfe, for too guineas a fide, between Mr. Dow's ofslrgarth, by Stride, and Mr. tomato's chefnut colt, by Star, carrying twelve (tone each, one three mile heat, which was won eafy by the former. COOASI/10.—An offer has been fent to Mr. SH ARLE3 STAIN, the owner of the Fifefhire grey hound, who won the Cup at Kinrofs, to produce five dogs of the breed of Snowball, who fhould run his dog for any fum he pleated, at the next Mahon Sleeting in February. The challenge has not been accepted. STR AWRA ER, JAN. 14.—0 n Wednefday laft a Match of 20 guineas a fide was run for on the Sands of Luce, between Mr. MACK ENN grey mare MO Kennedy, got by the Duke of HAM I L horfe Waftiagron, and Mr. Ross's grey mare, got by Lord Eo Limo rous's horfe Fingal. This race being a three mile heat right out, did Ant afford much entertainment to the vaft crowd ef fpeaciators awaited by the novelty of the fport. :qr. Ross's mare bolted, or left the courfe, loon aTter ftarting; nor was the rider with all big met, being a bey n' five ftone weight, able to bring her back to the ground : Kennedy, of courfe, won the bet. A fecood match of five guineas a fide was taken krunsediately en the fame runners, but with diffe rent riders. for a tingle mile heat : This NO Ken ** ado won with cafe. , A thif , d match ftiould have taken place between r. ItiTCl4lll'S bay mare, got by Col. M.DoUALL , s aftwoirso, and Mr. Mule's black horfe: But krfri Mora having declined to allow his horfe to flare. Mr. Rite H al's mare woo the bet by walking ever the Gentfe. Bcieteo...--Tuefday lag was fixed upon to be a hufy day among theßraifort. O'Donnel. the young Tridintan, who is confidered by his Countrymen as the redeemer of their reputation in the boxing line. was matched to fight Henigan, a Jew, a new ' candidate for pugiliftic fame, near Dulwich. for twenty guineas a fide. Tom Johnfon's brother, known by the nante of Jacklin, made the match on the part of Henigan. On Monday Wt. Jack lin and his hero were furprifed by a vi fi t from Arraftrong. one of the o ffi cers from W'orihip fireet. They were both taken before the Magic- trates there, who obliged them to find fureties in vol. each to keep the peace for fix months. He- sigan. however, confidering this reftriflion might prove a fatal blow to his riling genius, determined at all Mks to give his opponent the meeting . . and accordingly repaired to the (pot, accompanied by feveral hundreds of his affociates, who applauded his refolute fpirit. O'Donnel not being acquaint ed with this movement, fuppofed the battle at an end. when his opponent was taken into cuftody, and therefore did not appear. The whole affem- Wage eourequently returned fatigued and difap pointed : ar.J, in their way home, cut down and !hared among them Abet- haw's remains. many of them obferving he was an old acquaintance. His bones were diffributed, and contended for with the ntmolt eagernefs. Thole who obtained his fingers, Aid they would make tobacco (toppers of them.— Two other battles were alto to have been fought the fame day, on the fame fpot ; but the comtia , tants fearing an interruption from the Police Offi cers agreed that this trial of their (kill and ft rength Anuld take place on the memorable (pot where welcher and Burke haft fought, behind St. George's row. near the Paddington Canal. The parties keeping their appointment, the ring was formed for them at twelve o'clock. when David, a Parent heel maker. and Smith, a fboemaker, made their bow to the fpedtators, and were ready to let to. — was quite a Goliah to David; but the little man was expefted to fubdue him from his fuperior ,knowledge of the art. The battle hefted three quarters of an hour, and confined of thirty-five rounds; never was fee n more bard fighting. The first five rounds were confiderably in favour of lit- tle David, but Smith had the bell of the remain der of the battle. David, however. bad not the ortification of acknowledging himfelf conquered, as it fo happened, that Smith gave him a blow on e fide while in the aft of falling; but which it was maintained by David's friends was after he bad reached the ground, and was confequently a foul blow. David was then taken away.—Cogan, a painter, and Wallam s a Jack afs lad, next en tered the ring. Wallam evinced a great deal of fcience, but he_could not Rand againft the power ul ftrength of his opponent : by his art and dex terity he, however, fpnn out the battle near an Dour, during which time there were thirty-fever revere rounds. Wallam was often requefted to ire in; but it appears he partook a great deal of e nature of his aii, be was obainate, and took eat deal of beatinL a T 4 length be was taken away. and Cagan visor. Lifir INTELLIGENCE. SHERIFFS COURT, JAN is. limp.' Tun SNINIFF OP MIDDLESEX. J•MEE SSW) V. GEO. WEIGHTS, GENT. This was was an anion for an affault arid fat& imprifonment. to which defendant fuffered judg ment by default. From Mr. EL:ems% ftatement it appeared, that the defendant was an Attorney, and the plaintiff a French Abbe, and a man of property in France, prior to the Revolution ; that he having taken re fuge bete, he turned his attention to bufinefs, and in contiquence contrafted with the Duke de Mor temort to clothe a foreign regiment bearing the name of that Nobleman, in the fervicc and pay of England. The Duke conceiving plaintiff in debted to him on balance of accounts, and beirg a Ilratnger in this country, he applied to defen dant to arrell plaintiff; that defendant, not being able to arreft plaintiff in Middlefer, and hearing he had gone to Brighton in 00ober la% the de fendant and the Duke went to Brighton in purfuit of him. On their arr ival at Brighton, they were informed that the plaintiff was on hoard the Bona. parte packet, then lying in Brighton road ; but the fudden change of weather rendered it impof lible for her to keep in the road, and (he was obliged to put into Shoreham harbour: that de fendant went to Shoreham, and prevailed on the ColleCtor of the Ctifloms there to furnifh him with two boats belonging to the Hind revenue cutter, armed with about zo men, and fent for plaintiff from on board the packet ; that plaintiff readily came on (bore, and on his landing, defendant feized him by the arm, prefented a piflol, and told him that he was his prifoner—that he mull either pay him upwards of 4001. due to the Duke, or go to Horfham gaol, and took him into cialody : that plaintiff, in order to obtain his liberty, paid the fum demanded, and afked to fce defendant's authority for thus grrefiing him, when he produc ed an old writ. Plaintiff, on his arrival in Lon don, found on invefligat inn that defendant had no authority whatever for arreaing him, whereupon he brought this aelion.—The Jury, after a full in vaigation ef all the circumstances attend:ng this very fingular cafe, and a very eloquent addrefs by Mr. ERSKINF, on the Liberty of this Country, retired a Ihdrt time, and then returned a verdiCt for plaintiff—;4sl. damages. COURT OF KING', BENCH, JAN. 19. Lord ELLENISnROUC:H fat this morning at Nifi Priw, purluant to adjnurnMent, and difpofed of feveral Special Jury caufes. WEER AND ANOTHER b. KLYMiIt AND OTHERS. Mr. EKSKINL hated, that this cafe lay in a very narrow compact. It was an anion of trover, brought by the Plaintiffs againft the Defendants, to recover the value of goo barrels of pot alhes, which were fent by thefe Gentlemen, who re fide in America, to Johnllon and Co. as their Bt okers for fate. He raid, the Jury knew that, by the ceftom of trade, a Favor could not pledge. A Principal could not be removed from his property by his Favor pledging it. He was not bound by the aft' of the Favor, beyond the (cope of the Favor's authority. If a Favor fold the property, though his Principal never received the money,he was bound by that fate, becaufe that was within the (cope of the Favor's authority. But if he pledged the goods, he could confer no property on the perfon with whom he pawned them. The Principal, on tendering to the Favor the Turn for which he had a lien on his property, had a right to recover it; and he flood precifely in the fame relation to the Pawnee as to the Favor. He fhould prove thefe goods were tent by the Plaintiffs to Johniton and Co. who pledged them with the De. fendants; that they, the Plaintiffs, had made a demand of them, tendering to them the furn they had advanced on them; and that they had ref dad to reftore them. The only witnefs called was a Mr. Pidwell, who laid, he had been Cie, lc to Johnlion and Cn. He remembered 75 barrels of pot afh coming by the Boyne, 42 bands by the Brutus, by the Harmony 216, and by the Brothers a 29. Weer and Co. and Johann and Co. were joint Proprietors of the two laf quantities of pot alh. All tilde goods were fent to Keymer and blacTaggart ; but the Witnefs did not recoiled exaiflly when they were fcnt. Lord Et.t.xxaottouc m—The 316 and 429 bar rels in which tittle parties had a joint property, are out of this queltion, becaufe joint proprietors might do any thing with them. One partner cannot bring an anion of trover againii another partner who has pledged them. The Witnefi, on trots examination, raid, that Media. Weer and Co. and other perfons in Ame rica, were in the conrfe of fending goods to John- Ron and Co. to difpofe of them. Weer and Co. and Johnilon and Co. had joint tranfitaions ; and Keymer and Co. had thefe goods fent to them tOr tale : and from :Soo, they might have made ad •ances on that and other American property to the amount of locoool. and, at the time of Mr. Johnllon's bankruptcy, he believed he was con& derably indebted to the Defendants, though he had never teen the account. Mr. Easetar laid, the account between them could not affett the Plaintiffs ; but if it did, the Witnefs could know nothing of it, but from the confeflion of the Plaintiffs. Mr. GAIROW Paid, he might know it hirafelf as a fait, from being a Clerk in the houfe. The Witnefs, on being further examined, could not fay how the account flood between them.— Theft pot antes were put into the hands of the Defendants, by bills of lading being delivered to them ; and they or their ilsokers fold them. The goods were put into their hands for fate, and they made advances on them : pot allies were a dull commodity, and they could not get a price for them. Mr. EIMINI obferved, that his Clients had ten dered to the Defendants all the advances they had made on thefe goods. The Wins& farther aid. Kepner and Co. were the general Brokers of Johnitna and Co. Tbey dial the needful at the Cullum•houfe. And john• Ron and Co. had goods of their own, ,and , 400ds which they had on a kiln; account with oth .1 s, and they had goods lent to them as mere ag:nts of others. Thefc, without diferimination were all fent to Keymer and Co. to fell. There was no pretence to fay thefe goods were handed ovcr to Kerner as a pledge for any firm that was due ; but thcy were fent to them. like all other gn0..;,.h.r fak. Johnann and Co. made payments c.:l th:ir, account to Weer and Co. before their Johniton and Co. had paid al eight on thcf: good , . Lord ELL EN DOROUG 14—That, thero;z:re, con llituted a debt from Weer and Co. to jahrillon and Co. The Witnefs fail, there was a [mall I.llance nn account betweea them. The balance stir: is fa vour of Johnlton and Co. and againfi Weer and Co. The fum raid was about 6301. and the balance againit the Plaintiffs was about ti3ol. a:Irl the Wit nefs could not fay that balance was ever altered— Plaintiffs nonfuited. HODGSON AND ANDTHIN D. T.F S. According to Mr. ERCK Imes opening, this was an anion on a Policy of Infurance on the Hoop Catherine; and alto on a cargo of rum that was on board. The voyage vas at and from St. Vin cent's, in the Weft Indiel, to Shelburne, or any other port in Nova Scotia. The Infurance on the veffcl amounted to 8001. and the rum was calcula ted at 331. 6s. Rd. per calk. The flop failed on her voyage, but was obliged to put into the Bermuda Hands, in difirefs. But the particular circum (lances nor being then known to the parties, and they conlidering that the had gone fo far on her voyage, this memorandum was put on the policy "The within fhip having been blown on the waft of America, and put into Bermuda in diftrefs, we agree to give the faid (hip liberty to go to all or any of the Bahama Iflands,inflead of proceeding to Shelburne, as required, without prejudice to this infurance." It turned out that this dittrefs was not of a fort capable of being repaired, at lea ft not for the advantage of the perfons concerned. The War dens of that port, who are public officers, perfuns of credit and reputation, having a public duty call upon them, furveyed and returveyed this (hip, and the was condemned, fo that this was the cafe of a total lots of the (hip, valued at Root. with an ave rage on the casgn, arising from a deterioration, from the perils of the tea. Lord Ei.a.vssoitouou.—" In confeqnence of the alteration made in the policy, is there no new tramp necetrary ? I a& the quettion, becaufe it is my duty to proted the revenue." Mr. Peat laid, the Ad of Parliament required no ties. Ramp. See 3; Ow. 111. c. 63. fe.t. 13. and Park's Infurance Law, page 23. On the part of the Plaintiffs, Captain Itentifh proved that this (hip was thoroughly repaired be fore the failed on the voyage infured. But they proved no lufs. Mr. EitxiiiE obferved, t!tat the DJendant had paid money into Court on the whoie declaration, And had thereby admitted the caufe of Aaion. Mr. PARK, on the part of the Defendant, faid, the money paid into Court, was the premium, and that it did not admit the cattle of anion. Lord Ect.swentouc I do not fay the pay. ing this money into Court admits the caufe of aaion, but it admits they are entitled to recover fo much. If the Plaintiffs flop here, they can re cover the money paid into Court, and no more, as they have proved no lots. I wills the effea of pay ing money into Court, was better fettled than it is at prefcnt." Mr. Essictise Paid, he flood on the general law. He endeavoured, but had no materials, to prove the loft. _ _ _ . Mr. PARR'S defence was, that this fhip was not tea-worthy at the commencement of the voyage, but it was unneccffary fur him to go into proof of it, as the Plaintiffs could not make out their cafe. Lord ELLIMBOROUGH.•••-" There is no damage from the perils of the fea. This was a bad (hip." Mr. Pau faid, the fold for aoL—Plalardi ear COURT OF EXCHEQUER, DEC. 6, do*. WTI'III 9. lINITI. This was an anion for board, lodging. and ne cefrarics, furnilbed by the Plaintiff to the Defen dant's Wife. _ _ . Mr. Dativcat opened the cafe by Elating, that the plaintiff was a Captain, and the defendant an Infurance Broker. In order to make the cafe un derflood, it would, he faid, be neceffary to ex plain the bufinefs from the commencement of the conneetion of the parties. There was liying un der the proteetion of the plaintiff, a Niece, to whom the defendant had for a confiderable time paid his addreffes, but that the Captain being called abroad, and his wife going down to the port to fee him embark, the defendant had taken advan tage, during their abfence, of the affeatott of the young Lady. Upon the Captain's returning, and difcovcring what had paired, he milled that the defendant should make her reparation, by fulfil ling the promife of marriage, ‘tlich he had fo re peatedly given. On his refitting to d.' this, an action was commenced againft him, which he flop ped by contenting to marry the Lady, and the marriage accordingly took place. He underflood indeed, now, that the defence was to be a denial of the marriage, which he had been informed was to be mad: upon the ground of its invalidity, becaufe the licence for it WAS not taken out by the defen dant himfelf, but by a relation of his own of the name of Mcfnard, who took out the licence, re• prefenting himfelf as White. Mr. Pt um ea faid he had no evidence, and there fore Ibould not difpute the marriage. Mr. DAVIICZY (aid, that certainly was prudent. as he had the clergyman, and all the perfons pre fent, ready to prove it.. Shortly after the marriage, and the birth of a child (the wife ill continuing at the houfe of her uncle, becaufe it was not then convenient for the hu(band to take her home) (he was deferted by her hufband in the midft of a tong ficknefs, occalioned by himfelf, in a way which proved he had other conneeions. After fome time had elapfed, upon the uncle prefenting an account for board, Ake. be Laid be was willing to tate her home ; upon which the uncle confentet, on enudiztoo that lie w001..1 enter into a bor.d i , with fur ctiei, that lie w,,trl.f her well. To this he 4:olll.,nted, aid the la nod w•as prcpa: cc! ; hut lit:111:i more afrzaino for the We: finger of away ‘‘ . 1,11 whom he 111.111 the %sitole body 4,111 i, %%11 . .., he iciest - v.l to tign it, aal defiled, that ;nth:lJ of it .t (Iced of reparation inight be in L par ed. Her tcp.tr tic natintenince sea, this was di a wn oat ; bit he refuted t., 111;) 4. He f o r her, ho.tid up to April 1;0, and the pc Few a 'lion was ft.r board at dic fame rate, of 1. I is. (11. leer reck for the wife atd child; for fhoes and other articles of clothing ; and alfo the Attorney's hill for preparing the deeds, which he had defiled might be drawn up—amounting in the whole to 651. 7s. . A young 'gentleman of the .name of Bifhop, proved the wife being at the houfe of the plaintiff; that he had frequently fern the defendant there; that he was about a.a. years of age, and appearea to he a man in good circumllances. The Unictuakcr proved his demand for (hoes ; and the Attorney for the plaintiff proved, that thc defendant had promifed to pay all the itc mf in the account, except the board and the (hues. He provetl alai the meetings which, had taken place, and thc orders for thc deeds, Sic. Mr. PLUtlfllt addreffed the Jury. He laid he thould nut enter into thofe estsaneous topic: on which hi 4 Learned Friend had enlarged. or he might tell as hard a tale on his part. 1 hey might tit fubjeets for difculfion in a Court of a different kind. He hoped the Jury would think with hint. that the prefent demand was enormonhand would give only what they faw was juilly due. Lord Chief Baron MacDONALD, in fumming up, remarked that the law had thrown on the but band the maintenance of his wife ; and that the generolity with which the plaintiff had ailed to wards his niece was no mole for him. He bad ihArnefully defected her, but mull pay for the na ceffary articles with which the had been furnithed. Is appeared to his Lordlhip the demand was very moderate ; and lie was only furprifed, if the ch.. cumilance Rated by Mr. Dauncey was true, that inßead of a proceeding to fet alide the marriage. Mel - nerd and White had not been indited for a confpiracy. - - . . The Itiry found a Verdi& for the 'Plaintiff.— Damages 651. 7s. HIGH COURT OF JUCTICIART. The decifion of the High Court of juniciary in Scotland, with regard to the military tiring on the populace at Aberdeen, is a matter of importance to the nation at large, as it nearly concerns the grand queftion of our liberties. It is a footloose's• cal principle of our Conftitution, that cola's tehere rebellion has come to fuch a height u to require the country to be placed under martial law, the military, while Rationed in the kingdom, !ball be abfolutely under the controul of the Civil Mag. trate. A arid adherence to this maxim is iodic. pcnfibly neceffary to the prefervation of our Tiber. ties, as the flightea deviation from it would tend . to convert our free confutation into a military defpotifm. Let it not be fuppofed that the acquittal of thole military men, charged with firing of their . own authority on the mob at Aberdeen, goes in the (mane ft degree to counteraft this princ iple; or that a foldier is now more at liberty than formerly to fatiate his vengeance with his mulkbt, when ever he conceives himfelf affronted or injured by a roller of (tones and dirt. No ! a Britith Jury could never fanftion fuch treafonable ideas. The acquittal of thefe Officers profecuted on (imprecate occtifion, merely applies to their own individual conduet, and has no reference to the general go& • of the tranfaftion. The crime was atrocious, and deferving of the moll exemplary punifiament s but . thefe men were found innocent of it, and were confequently (as we hope the innocent will always he) acquitted, and reftored to the protcAion of their country. The decifion of the jury in this cafe-we niall•not prefume to quellion, or even to confider, nor fhall we pretend to fay, that his Majefty's Advocate for Scotland did not fee fufficient grounds to luppofe that the perfons accufed were innocent of the crimes laid to their charge. But guilt certainly attached fomewhere ; feveral of his Majefty's fubjeas had been killed, and the military, without doubt, had fired. It muff alfo be recolleaed, that akhottgh the Jury have acquitted the defendants, two of them only were found Net Guiky. Againft the two Serjeants the libel was only found net proem s that is to fay, the Jury could not take upon theta, from the evidence adduced, to fay. whether they wirer guilty or not. From the laft decifion, it is evident that there were grounds for profeention ; and the country is confequently indebted to the private pro. fecutors for promoting an enquiry into the fulled. Under thefe circumftances, we are forty to oh ferve that the private profccutors are in danger of fuffering what amounts to a punifhtnent, for their lure of Office. The expences of the profecution are now to be defrayed : it is evident that the men who are acquitted cannot be charged with the expences of their profecuters ; and they have alfo (fcemingly with reafon on their fide), petitioned for the expences to which they have been fubjeaed in conducing their defence. If they fucceed in their petition, who is to pay them ? Are the pro. fecutors to be compelled to defray all the expences of the trial ? And does the refufal of his Majefty's Advocate to profccute, prevent Government from relieving them of any part of this burthen ? We hope and trnft that thefe queftions will be taken into moll ferious confederation, as from the private circurnciaaces of fome of the profecutors, thefe till:saxes, if charged upon them, mull make them end their days io a prilon—a fad redrefs for the lots of their relations who fell in the affray Would not fuchconfequences fubjea julice, in an improper degree, to the will of the public prose cutor, who may not always be as diftinguifhed for his love of the Conftitution as the h4ll eharaaer who at prefera fills that importart office, and con lequently deter ar.y private perion from coining forwarl when he chafe to -t•ts to profccunt t