The Statesman. — London, England, 1818-07-11 00:00:00

• I El ~' PUM79I9-117P : BERKSHIRE ELECTION. Neville. 1202 Nib Day . ... Moneta& 1125 Ftnnett. 614 138 -------- --- - Plumper. to the tot of 13th bay ..--- Mr. "'ALUMS', at the dose, showed that M►. Dus orre was right in saying the influence of the Crown had increased, was increasing, and ought to be diminished, by producing the Red Books of 1763, 1783, and 1817. Be then laid, " That in former days there was a Tate called Dellegilio which was abolished by EDWARD TOR Comtism', anno 1051, having seen the Devil dancing and capering in theTressnry upon the money. bogs, and actually returned the money. He was a very Om man, and a Saint : so was oar CHANCEL- Los of the EtCHIQUER ; it would not, then, be more eztraordinary if Saint NICHOLAS were to 'see the Devil dancing upon the Red Book. Oh ! that the pious Chancellor woold take sample by his brother' Saint, and order the money raised for defraying the ressions in the Red Book to be restored to the pro. per owners! Aristocratic gilt or Tory gilt—why should we pay tribute to Tories as creel as that oar ancestors paid to the Danes ? Such an act would help him better in his way to Heaven than any act he costa perforni." GENERAL ELECTION. MEMBERS RETURNED. Ala (Coach)-I.ient..General James Montgomery. Brantcssntaa—Sir J. Mnrjoribanks. X tallOS%- II MR—Thomas Graham. baArrissunt—J. B.S. Morritt, Esq and H. Shepherd. Esq STATE OF THE POLLS IN THE COUNTRY. REIMS, JULY 10. COUNTY OF LIMERICK, Neville - 190 . 1 JULY 3. Modes .. 1125 Fitzgibbon Hallett ... 614 I Quin .... votacottinonn. JOLT 8. O'Grady .. Majority for Col. Wood 29 leswictk, JULr 0.-111 e scrutiny hero terminated on Thursday. by the consent of all parties, without proceeding with the London and other distant votes. The numbers for the respective Candidates at the final close of the Poll, were -4VI 1 Raring Newton .. ... 422 Milton At the close of the scrutiny the numbers were— Criekitt Newton ....,.... 381 I Bolton Thus it would appear that from Mr. CRICKITT'S hiat, the number of bad votes struck off was 3.1; from Mr. NtwTos'a, 35; from Mr. BARING'S, 31; and from Sir WILLIAM BOLTON'S, 27; leaving Mr. CRICKITT a majority of 38, the same as at the close mf the Poll, and Mr. NEWTON a majority of 32, one less than at the close. On the termination of the scrutiny, R. A. CRICKITC and WM. NEWTON, Eecirs were declared duly elected Representatives of .the Borough. CLomnez. Juts 4.—Yesterday, in consequence of some wore In the Eliogerty booth, between Mr. DANIEL FAMINE& and Mr. JOHN lIUNT, of Thurles, - they met in a short time at Thakincor, in the county of Waterford, where at the first fire Mr. HUNT received a ball in the left leg, which fractured one of the bones thereof; but we are happy to hear his life is not considered in danger. Mr. litircr's ball, we un. derstand, passed through one of the whiskers of Mr. FALLNER. Mr. HUNT Wes seconded by NICHOLAS bIEAGUER, Esq., of Thurles, as was Mr. FALLNER by Captain Root ms.—(Clonmell Advertiser.) Extract of • letter from Mary borough, dated Son day, five o'clock :—" An account is just come in that Sir r —MIMES COOTE has been induced to desist from further cont.st, finding that the coalition enter ed iota bet ween his opponents rendered the efforts of his friends. for the present, useless." Estract of a letter from Clonmel, dated July 6 The Poll is going on ; perfect cordiality esists be tween the Candidates; the successful ones cannot as rt be ascertained. but it is generally thought the item. le. A. PRITTIE will be the first on the Poll. — Saturday is the day agreed upon to terminate the scentest." About ten o'clock on Thursday night, as Edward Read and Chai les Virgin, officers of Batton-garden Police, w ere crossing Cold Bath-square, they ob served a man lying .fiat on his face on the iron grating over the kitchen area of Mr. John ‘Villiarna, No. 7. Suspecting that lie sae on some bad design they watched his motions, and discovered that he was talking to some person underneath, who they saw band up • parcel between the bars. The officers came up, and asked him what he was doing there? — He said, only talking to his sister ; not satisfied with this answer they took him into custody. lie dropped two or three articles which the officers picked op, one was a small parcel containing gold seals, gold rings, and brooches, another parcel contained bits of broken gold and silver, and the third some jewel lery and trinkets. The officers knocked at Mr. 'Williams's door, to whom they made the case known, end searched the Prisoner in his presence, when they found a valuable gold ring, ricbly set, on his finger, which Mr. Williams identified as his property. They then took the maid-servant into custody, and in searching her box they found many other articles of her master's property.—Mr. Williams gave charge of both, and they were committed for examination. CUTIER'S ACCOUNT OF TIME WORLD.—Mr. CU TIER states one very remarkable fact, viz. that no boson remains have been hitherto discovered among the extraneous fossils; from which he infers that the population of the world is but of recent date, and that its present surface is not of very ancient forma tion. He affords many proofs from traditions of a great catastrophe and subsequent renewal of human society.—Finolly, lie is of opinion, that if there is any circumstance well established in geology, it is, that the crust of our globe has been subjected to a great and sudden revolution, the epoch of which cannot be dated much farther back than five or six thousand years ago; that this revolution had buried all the countries which were before inhabited by men and by the other animals that are now best :known. Dona, JEW" 10.—Came in the Henson', Harris, •frntnOporto.— Arrived off this Port the brigWoottoo, ll'Alphine, from Teoeriff. r . Ain STATESMAN LAW INTELLIGIENCH, Wm.-- ~ COURT OF CHANCERY, JuLit 16. glr Samna. RoMILLY this morning called the Oa tention of the Court to the case of a bankrupt stained Cowley, who had been committed some time since, by the Commissioners, for refusing to answer inter. rogatories. The question to which the bankrupt deg dined giving any reply was a very long one, and a doubt had arisen as to the authority of the Commis sioners to enforce it. Mr. RoiE here begged leave to interrupt Sir S. Romilly, as he had an objection to offer, which might render it unnecessary to go into the merits of the rase. By the original statute of Habeas Corpus the Loki Chancellor had no power to issue the writ in vacation, but the Act of the sth of George 11. sop. plied that power in favour of the liberty of the sub ject. It provided, however, at the same time, that the writ should be prayed for within The period of two terms after the commitment of the party - . The bank rupt in this case had suffered an imprisonment of 'two years, and had therefore forfeited his claim to the benefit of the statute. Sir S. Rom t r.r.-e observed, that he was certainly not prepared to meet this Dejection at the present Mo ment, bat with his lordi.hip's leave, the matter should be again mentioned on Monday. The LORD CHANCELLOR directed that the bank 'opt should be brought up accordingly on Monday best, when the question might be fully considered. BALL V. OLIVER. The LORD CHANCELLOR—" The question hers is, whether the mother of the Olivais was married or not ? The Plaintiff proceeded in the Ecclesiastical Court to try that question, end he relinquished it, and his bill was dismissed here. This application then is, that his cease may be reinstated here, co as he may get an answer from the mother. The Cowl cannot do this. Let the Defelidatits make an affi davit that they do not know where this lady is, and then there will be nothing left for me to determine but the question of costs." VICE.CIIANCELLOR'S COURT, JOLT 10. TWEDDELL V. TWEDDELL. His Honour the Vice-Citarscw.on—" r I con. sider this case very important on public grounds, as it relates to the practice of this Court. It is a bill filed for the purpose of annulling a settlement made. between a father and u son, alleged to have been ex ecuted under the undue influence of the father. It has been contended, that a father has a powerful in. iluence over a son, where the latter is of a good tem perand disposition, for which reason the Court ought to watch the father's conduct strictly. I will, however, ask, ha,s this ever been done? Let those who have so contended, prove that they have ever influenced the decision of this Court. In guardian cases, it is necessary for the Court to look with jealousy, as • guardian might influence his ward ; but here there is no proof that kind, as it appeared the settlement was founded on family attachments. — No pecuniary bargain of en improper kind was made, although it is alleged the son had been im posed on. The recital of the deed of settlement is not sufficient for me to decide pit. I have therefore read the deed myself, and I must say that I see nitthing in it to justify the allegation that the father and son stand in the situation of vendor and vendee. Feeling as I do that it was a family transaction, will tint disturb the settlement—l therefore dismiss the bill without costs. This Court has a jealous eye over guardians, but it holds sacred family trans actions." Bill dismissed without costs. COURT OF KING'S BENCR. Jvt v 10. ATTWOOD AND HAINES V. ARTHUR WILLIS. The proceedings in this case occupied the Court nearly the whole of this day : the time was prin cipally employed in the examination of contrary wit nesses as to a single fact on which the result of the cause mainly depended. It was an action on a po. licy of insurance, dated 25th March, 1817, on goods on hoard the Badger, and on the freight of the ves sel on a voyage at and from St. Domingo to Cartha. gem', South America ; the loss was averred to have been by capture. The defence was, that the Plain tiff's broker, who effected the insurance, had con. cealed a material fact from the underwriters. The following are the principal facts out of which the suit arose : On the 23d March, 1817, the Plaintiffs received a letter from theircorre.pondents in St. Domingo, in. forming them that the Badger either had sailed or was about to sail from thence to Carthagena, South America, with a cargo of provt4ions for the Insur gents, who, it was asserted, were in rossessinn of the place : the letter also stated, that a part of the cargo belonged to the Commodore of the Insurgent squadron. On the arrival of this intelligence, in consequence of directions, the Plaintiffs employed their broker, Mr. hunt, to take to Lloyd's a policy upon ship said freight, with a slew to its being en. derwritten. This he did on the very day the above letter came to hand ; and when he addressed himself to the various Gentlemen for their signatures, he found that recent news had been obtained, via Jamaica, that the Royalists were in possession of Carthagena : they stated this fact to Mr. Hunt, who was prevl oosly ignorant upon the subject, excepting so far as the letter received by the Plaintiffs gave him intelli gence, and by that he bed every reason to believe that the Insurgents held the place at the date specified in it. Some conversation occurried between Mr. Hunt and Mr. Beverley, Mr. Champion, and others, upon the point. This, however, was the question in dis pute—whether at the time of the signature of what is called the slip, on the 23(1 March, anterior to the preparation of the policy, Mr. Hoot had exhibited or mentioned to the underwriters the letter from St. Domingo, in which it was i ssid that the Insurgents, and not the Royalists, were in Carthagena. The Defendant took a line to the amount of 2001. loss took place by capture in part, the Spanish Royal Authorities confiscated the ship and cargo on her arrival at Carthagena , co ntrar y to the Spanish Navigetion Laws, the Badger being a British vessel. The first witness called by Mr. SCARLET, on be half of the Plaintiff, was Mr. hunt, who swore dis tinctly, that when he went on the 23d March to Lloyd's to effect the policy, he did not know that Carthagena had been retaken by the Royalists; he first received the intelligence from the underwriters, who on that account refused to take a premium three guineas, but insisted. particularly Mr. Bever ley, upon receiving fire guineas on account of the greater risk that the Royal Spanish Authorities would confiscate the ship and cargo. Ile had every reoson t. believe, that the underwriters saw the original letter from St. Domingo, consisting of three sheets paper, though he would not take upon himself ti say positively that he showed that; but certatoly he had Over exhibited any other to them, and he w• confident that he took it in his hand. He was sun that he had never told any of them that the Badger was fitted out and loaded for a voyage to Cartha. gena, with intent to aupply.provisions to the Ro: Mists. When'the loss was claimed, the underwriter. requited to see the letter from the Vest Indies, and after he had. procured it from his principals, the Plaintiffs ) he 4aid it before them, end one of them, Mr Robinson, read it t as, however, it contained varies other matters, it was not made more public. In cor firmalion of this statement, the witness produced policy'under.written by some of the same Gentlemen on mules on a voyage from Porto Cavallo to Ja. maica,.at a premium of only one gninea and a hal though the sea through which they passed was eqoall . Wrested with plundering privateers, and the voyage longer t from hence it was inferred that the Insurer must.have taken into view the risk of capture in par' by the Royal Spanish Authorities, and on this count required a premium of five guineas. On cross-examination this witness admitted that mules wet• warranted from jettison and mart/ilk ) and that they might not he so iterira hie a prize le pri. vateers as provisions. He swore positively that Plaintiffs had never threatened him with at, action , even intimated that he had been guilty of neglect misconduct, nr mistake, in the mode in which he fected the policy. A witness who had been on hoard proved tl the Badger escaped the squadron blockading Carlini.. gene, hut was seized and confiscated en her arrival in port, and the crew imprisoned. Mr. Serjeant VAUGUAN conducted the caule ou part of the Defendant, and addressed the Jury considerable length, detailing the nature of the deuce he should produce in contradiction to the case made nut ou the part of the Plaintiffs. His first nese was Mr. Champion, who had signed the policy question, as agent for the Defendant. He spok , what passed at Lloyd's, when Mr. Hunt present the slip for signature ; he produced a letter on hi sheet of foolscap, written recently, and with ink, as his letter of orders, sod the as ituess was qt sure that hunt offered no other to the underwrite , had that from St. Domingo been tendered in ti sheets, he should have remembered it. When lii first ()Kited the risk, Mr. Beverley said that Carthl gene was in the hands of the Royalists, bet former added, she would be well received, foi troops were in a state of starvation. Beverley, witness, Mr. Robinson, and several others, put initials upon what Hunt produced as his letter of ders, with the sums for which they were as subscribe opposite. Mr. Robinson was not sure whelher.Hunt or , other person said, that the ship would he well reed' by the Royalists, but it was in his heating. would not take upon himself to swear, that the ter from St. Domingo had not been produced if underwriters on the 211 March, but he had no collection of it. Mr. Hunt delayed for some before he claimed the lots, but at last produced Captain's protest, and Mr. Beverley (the first on the policy) required to be shown the letter o ders shown by Hunt on the 23. i March ; the!, denied that he had had any, but after some dap hibited the letter from St. Domingo, which the ness read ; Hunt denied that he had shown on 23d March a letter of orders for the Plaintiffs. Mr. Benjamin Blaydes, another insurer upon policy, confirmed the above in some particulars / his memory of the transaction was by no meat►r tine,. Mr. Lloyd, Mr. Marshall, Mr. M'Cullum, Beverley, and Mr. Blanchard, also gave evident terms more or less strong, that Mr. Hunt hai produced the letter from St. Domingo at the time slip was signed, nor until after he claimed the lou, The Defendant's case having been closed, Mr. ScattLErr commenced his reply by some marks upon the inconveniences to which .11. Jory, suitors, and Counsel were exposed in a Cot so ill constructed ; not a county-town in Engl was so ill provided in this respect as the Metrope and the long existence of the evil, after repeated monstrances, was. disgrace to the city of Londo' lie then entered upon a comparison of the evi' on both aides, pointing out the various circumot confirmatory of Mr. Hunt's account, and the babitity that the witnesses for the Defendant mistaken in the account they had given of passed at Lloyd's. Mr. Justice Annoy went over the whole use, serving, that if the Defendant's case were tru( Plaintiffs, through the agency of their broker, been guilty of .a gross fraud upon the underwri his Lordship, however, could not believe under the circumstances that any such intention had jilted on the part of Mr. Hunt, or his emyloyc The former had spoken with as much distinctnetn positiveness as was possible, and there were parts of the case for the Defendant that con!. his testimony very importantly. There seemed reason for charging him with falsehood, either ' acts or in his evidence, Is hile it was easy to th the discrepancy of the testimony against him, supposing only the mishearing or omission single word. It had been said that the broker interested witness, but surely lie was not habit much suspicion as the underwriters themselves, of whom had been called to contradict him. The Jury after a short consultation found dict for the Plaintiff, 2COI. Thursday a mare, the property of Major Ya\ a 'Wager of 200 guineas, performed 100 maps , hours, as follows :—She went 10 miles in the hour, and 29 in three ; half the distance leaf formed in five hours and forty minutes. Thk was then fed, and she started to do the last 50 in six hours. She was kept steady at nine hoar, and the match w as won cleverly them minim L teithin the time. NAVAL INTELLIGENCE. DEAL, JULY 10.—Arrived last evening. after post, and sailed for the River the Baring, Lamb, and William Miles, Beadle, from Bengal ; Tigris, Sion, Lady Holland, Robson, and John. Popplewell, from Jamaica ; SAWS, Chilton, from Pernamboco ; and Ceciro, Taylor, from the South Seat --Came down from the River the George, Deeper, for Gibraltar ; James, Berridge, for Ovorto ; Thames, Weynton, for New York ; Effort, Baker, for the Mediterranean, and remain in the Downs, with the rest of the ships as before. PORTSMOUTH, JULY 10.—Passed up Channel the Lord Cochrane, King, from Jamaica, in 51 days ; Nautilus . , Stranard, from Buenos Ayres. in 79 days ; and Mary, Brown, from Grenada, in 42 days : all three landed passengers here. Cowes, Jurx 10.—Arrived the Leeds, Lincoln, from Bahia ; on 2d June spoke the Triton, of Hull, in lat. 24. 43. N. long. 31. 42. W. not 60 days from the River Plate, bound to Havre; July 1, spoke the John, , of London, from Jamaica, bound to London, in lat. 48. 29. long. 12. W. ; July 5. spoke the Aim well, --, in lat. 50. 3. N. long. 3. 24. W. eight days from Liverpool. Wcymotirn, JULY 9.—Passed by this port yes terday the Sp.etator, Richardson, from Demerara, bound to London. FALmoutit, B.—Arrived the Dwarf cotter. Lieut. Gordon, from the cruizing squadrou, and sailed again to join them. The Rainha dose Ankis, from Lisbon to the Easi Indies, arrived at Msth4ra, after being plundered of 80,000 dollars by an Insurgent privateer. 1114RG4rli, JUL; 8. 'the routine or amusements ire commencing, the Assembly-rooms having set the example, wherein the promenade commenced on Tuesday evening; it was attended by much genteel company. The mornings are passed in excursions to Minster, Pegwell Bay, and the New Dandelion, at St. Peter's ; the workmen are making wonderful progress there, a platform is now being erected on the lawn. The " alleys green" will give a new feature to the magnificent scenery which embraces the vast expanse of the Northern des. The Theatre opens about the middle of the month ; several stars are already engaged. The Majestic, Victory, and the Thames, steam boats, seldom bring down less than 70 passengers in each. 769 4►t9 4:14 The bathing-rooms are all open, and the libraries are well attended ; the hotels are busy, and the lodg ing,houses begin to fit! in every direction. A shocking accident happened on the 30th ult. Three young women went out in a small boat, for pleakure, milk two giddy young men; one of the latter • impudently. climbed up the mast, which brought the vessel gunwale-to, when she filled and went down. One of the females was drowned, and the others would hare shared the same fate had not a fishing boat been at hand. The remaining party were carried into Hughes's bathing-rooms, end put in the warm bath ; they are all now in a fair way- of recovery.—This lamentable affair has ; elated much commiseration here. (,i) 'i AJo Tiiiii. Yesterday a Common Hall was held, in order to elect a fit and proper person to serve the office of Sheriff, in the room of T. Wilson, Esq. who had been elected to that office, but had refused to give bond to serve, on the ground of his being exempted, by his being chosen one of the Representatives to serve for the City in Parliament. The COMMON SERJEANT stated the object of the Meeting to be, to elect a fit and proper person to serve with J. Roberts, Esq. the office of Sheriff of London and Middlesex. Two names had been handed op to be proposed, and seconded by respectable Liverymen. The fiat was that of Joseph Todd, Esq. Citizen and Musician; the next was that of 'Thomas Leverton, Esq. Citizen and Goldsmith. The Livery would, therefore, signify, by a show of hands, on which of these Gentlemen their choice fell. Mr. I'. 0. Sm an proposed Mr. Leverton as a man well worthy of filling the high office of Sheriff. Mr. ',evertor' was a Gentleman every way qualified for it; and as he was a Magiftrate in two counties al ready, he was fully competent to discharge all the duties of that important trust, it they would confide it to him. Mr. TUISELTON oPcotided that nomination. . The COMMON SERJEANT said, that since the two first Gentlemen's names had beets handed to him, another hid been put iii nomination ; the WIMP of the Gentleman was Laurence Gwynn, Esq. Citizen and Spectacle-maker. A LIVERYMAN, from the body of the Hall.-- M Mr. Common S i nisant, the Livery would he glad to know whether Mr. Wilson %as elected Sheriff before or after he was chosen to serve in Parlia ment ?" Mr. COMMON SERJEANT." That, Sir, is a ques tion which I cannot answer." The LIVERYMAN..- 64 I conceive we ought to know how that fact is; and also, that the Livery should be informed what the reason is why Mr. Wilson declines serving. In my opinion he is legally hound to serve the office of Sheriff, if he was elected to it before be ing returned by the City to Parliament." The COMMON SENJEANT• —" Perhaps you are perfectly right, Sir, but that is a question for ano ther place." The LIVERYMAN had intrenched himself ton strongly behind his legal position to be driven ou t of it in that manner.--Ile wished to know from the Common Serjeant how he thought the law on the sub. ject stood ? The Towm acroc said, that it was not a question for the Livery. It was sufficient for them to know that Mr. Wilson had refused to give bond to serve the office of Sheriff. The LIVERYMAN now wished to know where, and what steps would be taken to levy Mr. Wilson's fine? Mr. SMITH.--- 44 In the best of all places, Sir, a Court of Lsw."—(A laugh.) The names of the persons pot in nomination were then submitted to the show of hands, when the She. riffs declared the choice of the Livery to have fallen on Mr. Todd ; and the Hall was adjourned. . , • •-. of era the old to • ter to he • Nee are gee ha+ ny- ter% and the flea Ada mert .ra• lalf, ally rage arer port I sc. big the lily, pri. the r leer, e ef. that Ohm. rival n the .y at evi. case twit. 7 in ke to ented half a. pale quite tern ; three Heat • tt the or the r, the t their of or- jog to some ceited He 'le let. to the no re- re time ed the name Of or• latter ya ex. In wit. on the 5n this a but us dis- t , Mr. nce,iii nil not me the lou. me re- Judge, Court ngland opnlis t ted re- don.— Pidence , tances P pro- it were what se, oh- ae, the .1., had niters; ider all had ex• yens.-- rag and e many nfirmed med no r in his explain tim, by • n of a was Oft Ile to so some a yen.. rates,for sin 12 the first roe per.. he mare 50 miles milli, ant athletes