The Statesman. — London, England, 1812-01-27 00:00:00

7` II `~ .~ '' , ,l ..., 41 i .'r 1 , 1 0 , ' l :,. - ,• • ' . . :' ' , , , . 't.:. , 1 I .. I" 4,, 1l ',‘ l l '. ) 4 E 'i t . i 7 .) • portance to be considered, granted a Rule to show cause. THE XING 0. COL. CH RLE.I BROWN. Upon the motion of Mr. Ants, the Defendant attended in person to surrender, and plead to an in tormation filed by the Attorney-General, ex-o f ficio, charging bim with feloniously forging, and counter feiting the name of Geo. Harrison, -Esq. one of the Secretaries to the Lords Commissioners of the Ad miralty, to a survey or plan of certain lands in the island of St. Vincent; and also, for falsely and fe loniously forging and counterfeiting a letter in the name of the lion. Charles Cecil Jenkinson, one of the Under Secretaries of State, addressed to Sir Charles Brisbane, Governor of St. Vincent, directing him to cause a survey to be made of certain lands in that Island, and to pass the same into a grant to the Defendant. To these charges he pleaded not guilty. Lord Er.r.Exeonouou, after consulting the other Judges, said, as the Counsel for the prosecution did not press for the Defendant's committal, and as he came forward of his own accord to plead, the Court would not order him to stand committed. , But the Court being informed that he was already in custody under civil process for debt, and the officer of the Court having notified to him that he was to take his trial the Sittings after Term, he was remanded to his present custody. . STATO.MAN. MELLISH V. ANDREWS. This cause stood for argument in• the peremp tory paper of the day, upon motion for a new trial. It was an action upon a policy of insurance upon goods by the ship Minerva, from London to the Baltic, with warranty free of seizure in Itrtr port of i discharge. The loss was by seizure and detention in a Swedish port ; and the Defendant obtained a verdict upon the grounds, that the notice of aban donment was not given in due time. The question for the decision of the Court was, whether any no tice of abandonment was necessary ; And, if so, whether such notice had been given in due time ? ! The vessel in question put into a Swedish port to ' relit, and during her stay there on the Bth of De cember, 1810, was detained by the Swedish Govern ment. Advice of the detention was immediately forwarded to the assured, who served a notice of abandonment on the underwriter in this case, on the 17th of January, which notice was dated the Bth of January. Messrs. PARK, TOPPING, and TARDY, • in sup port of the verdict, contended, at great length, that in cases of all seizure or detention, notice of abandonment was necessary ; that the notice in this case being dated the Bth, .and not served until the 17th, when then too late, and therefore, the Plaintiff was not entitled to recover as' fur a total loss. ' MELLISH V. ANDREWS. Mr. SCARLETT moved to set aside the verdict ob tained for the Plaiutitf in this case, and for a new trial. This was an action upon a policy of insurance ups goods at and - from Heligoland to any port or place iu the Baltic ; and the loss was, by seizure and detention in the port of Gottenburgh (the ship's destination being that of Koningsherg), and the declaration stated the loss to be, that the goods were in a forcible manner taken, and detained by persons unknown, and thereby were wholly lost. The ves sel sailed from Heligoland on the 26th of August, 1310, and on the 12th of October, went into Got tenburgh, for the purpose of refitting, when the Captain found it expedient to unload the cargo, and deposit it in warehouses of which the correspendt , tits of the assured kept one key, and the Custom-house Officers another. In this state the cargo remained unfil the 7th of December, when a chi.ng • took place in the politics of Sweden, and an order of the Government was made for the detention of all Eng lish goods. The ship itself was still in the nossession and under the coutroul of the Captain, who rmnain. ed at Gottenburgh until the month of Noverni,er last, and had in the interim made various applica. dons to get the goods hack, but the only answer he received was, that the matter was not vet deter mined, so that there still remained a doubt whether the goods might not be restored, as they continued under sequestration. No abandonment wa4 proved upon the trial. The first objection of the Learned counsel was, to the mode of stating the loss in the declaration; it was there averred to be a loss :tts seizure and detention of goods on board ship, where as the goods were in fact on shore, and not on board ship. He had looked into several cases upon this point; but, particularly in the case of Burt v. Whit more, the Court held, that the loss should be stated according to the fact. Lord ELLENBOROUGH observed, that in this case the loss was stated in the usual and ordinary way ; and as his Lordship considered that this was not a material averment in the declaration, the objection Was overruled. The next objection was, that there had been no abandonment ; and in order to entitle the Plaintiff to recover, as for a total loss, he should have first abandoned to the underwriters. Lord Faxemeonoveu was of opinion, that this was a total loss, and the Jury had considered it as such, and found their verdict accordingly : for bow long was a party to wait, in such a ease as this, before be could bring his action ? The seizure was actually made, and front that moment it be came a total loss: for a the party were to wait for final condemnation, they might wait ad Ofinitam. The condemnation being still pending, the assured held, as trustees, for the underwri ters, and had undertaken to assign to them.— He therefore thought the justice of the case had been properly disposed of: and the rest of the Court concurring in this opinion, the Rule was re fu The ATTORNEY-GENERAL, on the other hand, in support of the rule for a new trial, contended, that there was no necessity for an abandonment at all ; but from the time of the seizure and detention, the Plaintiff was entitled to bring his action, and re cover as for a total loss, as the assared would still be considered as trustee of the goods for the under writers. Lord ELLENIOROUGH I in pronouncing the judg ment of the Court, observed, that in all cases of de tention, capture wee to be implied, for there cer tainly was, pro Undo, an obstruction of the voyage, which gave the assured a right of action, for at the least, he must have sustained some loss on account of that detention. But it had been thought, that notice of abandonment was more essentially neces sary than, in his judgment, it really was ; at the same time, he hoped the discussion would not in duce people to forego that practice, which, in many cases, was found to be most convenient. He cer tainty thought the want of an abandonment did not oust the party of his claim upon the underwriters, but it was a most convenient practice, and should not be discontinued. - The Court, considering all the circumstances of this case, were of opinion, that there ought to Le a new trial, and, accordingly, the rake was absolute. • , NEW Lastsisto-TIME.---Mr.Thompsba, rf ,' atlMll Lodge, near Nottingham, has, at the pre% early period, almost a hundred lambs, of the M - .0 urc'd. This gentleman, we understand, - ..ty con trives his yeaning-time to take .cut New Year's Day, and the following fortnie• adducei several reasons for his deviation tr, - general practice. He contends that as the seaso,is have palpa. bly and materially altered, it is the duty of breeders to observe them, and alter their plans accordingly.— He states that out of the last seven years; the wea ther bas been, in six instances, milder during Ja nuary than Mare , the usual lambing-period of this country. lief iher argues, that cabbages, turnips, &c. are now in die highest perfection ; and.that a per. tion of these, given to the ewes, have the effect of causing a full supply of nutritive milk for the lambs ; while the few green crops remaining' in March, are then become void of succulence, and have no such effect. The lambs, therefore, who fall at that pe riod, can have no milk from their dams, except the scanty supply crated by dry food, and thus it con tinues through Z.pril ; while those lambs, which are then three months old, eat hay in addition to the milk. , Lastly, ikf.r. T. et:mends, that the most trying part, IPLINDT V. CROCLAT. of the . t:imars life is the winter in which it is a bog Mr. CARR moved, for liberty to enter a non-suit, or teg t and as his are three months older than those • or for a new trial in this case. lambed at the usi.A time, they are so math the strong- This was an action upon a policy of insurance on er to eaco .ster it. These observations we present enodi on a voyage from London to the Baltic and the to our agricultural readers u worthy of considers- Culph of Finland, and the loss was by French cap- tion ; more especially as we arc told that the young tare, and tried the last Sittings at Guildhall, before animals and their mothers are very healthy, and that Lord Elleuborough, when the Plaintiff obtained a little or ao loss has been sustained during the season verdict, subject to the point reserved. The interest of yenning. in the goods insured was averred to be solely in Wiwans THE SutoDE.—lt baying been asserted itiessrs. Gnrnuck and Co. who were resident in Rms. and re-asserted in some of the daily Journal', • that ais, with which country we were at war, both at the • Williams was a native of Coggeshall, in Essen; we. time of the shipment, and the subsequent capture by are requested, hy.a elentleman of that place, to state, the enemy. The licence was granted to Messrs. Cos- that this is an unfougded assertion; The young man tendie and Co. British merchants, of London ; and of that name, who waa torn in Cogglinitall, is, we the property in the goods insured being solely in are assured, at this manned whiting in Woolwich Gurnuck and Co. who were domiciletsubjecti, and Warren, and his relations received a letter Item him Resident in Russia at war with this Coantry, and not within theatfew days, * stating, that tw was in Casteadie and C o .tb, L earne d ci onoo l conten d ed . haditi, sad teaPtaa * luttlaa at WoaltHahs a t that this licence could• only protect thti propeity i of 141 tess'.4. l llula 6 . - ' the latter. The Erie of Min* a. Read, which stood' If 111 .11 at **Wady ai' • 104 . 4.411 Ni 4 val 4 72. far argument upon a special Indict, was nearly . a it- . AV 101044".thit q:l4 4 ±T 74 11 1Prc Nom attar case. ilttiliW7aeffraTilio'Wid jounds,.a s. Ake' •; • • The Court coscsiviog it question of great la- natio Isltfaidorable• . '7" LAW INTELLIGENCE. COURT OF KING'S BENCH, JAN.2S. BARNETT V. THE DUCUESS DE VIENNE. Mr. A BROTT moved to set aside the nonsuit obtained in this case, and for a new trial. The action was brought upon a promissory note of the Defendant's, • dated in July, 1804, and tried before Lora Ellenho rough, at Westminster, the sittings after last Term,' when the Plaintiff was nonsuited, on the grounds of the Defendant being a femme couvert ; it appearing upon the trial that the Duke de Pienne had resided in this country with the Duchess for several years previous to the month of June, 1803, when he left England to enter into the Swedish service, and had not since returned ; but letters had been received from him by his friends here, within a month pre ♦ious to the trial taking place. The Learned Coun sel grounded this application upon the decision of the Court in two different actions brought against the same Defendant, when verdicts were obtained against her, in the latter of which, Walford r. the Duchess de Pienne, it appearing that the Duke had left this country in 1797, _and had not returned at the time of the trial, which was four years after, Lord Kenyon observed; that his being absent for four years the conclusion was, that he had abjured the realm, and therefore the Plaintiff was entitled to recover against the Defendant as a female sole. Lord ELLENBOROUGU - 4 ' But'the fact was against the conclusion of my Lord Kenyon, for he did re turn iu a very short time after, and remained in this country for some years. It was no abjuration of the realm ; and because he is absent about fifteen months before the action is brought, is she therefore to be ousted of her protection as a femme coprert ? It would be avmost monstrous proposition." Mr. Juftice Il.tiLeY—" Does it appear that the . Duke is under any legal disability to return ?" Mr. ABBOTT- 4 ' No, my Lord." Lord ELLEN BOROUGH- 44 .1 think there is no co lour whatever for this application. He went to seek a livelihood in a foreign service, liquet, he may return, and she is not to be deprived of that protec tion which the law gives her, without better grounds." —Rule refused. • POLICE. BO W-STRLET. MURDERS IN RATCLIFFE IllanwAT.-111r. GRAHAM went to the late unfortunate Mr. Marr's premises on Thursday ten , particularly examined Thursday, . them, and inveatigated some witnesses on the spot.— The Prisoners Hart and Albless, who are still kept in close confinement, not being able tt, account for about a quarte r o f an h our o f their timeon the night of the murder of the Williamsons and servant i it has i been ascertained that a man can walk, at a very qui& pace, in less than five minutes from their house to the Pear Tree public-house. On Saturday a man and woman, who lived next door to Mr, Marr, at tended at the Office, and. gave es idence respecting the horrible transaction. We understand it is their opinion that they heard three or four persons walk ing about at the lime of the murders. STREET Roaaxas.—On Friday night, soon after eleven o'clock, as a naval officer of the name of Stent, was passing the end of the Piazza, Covent Garden, he felt something at his pockets; he looked round, and saw a man in company with several others.— I Having no doubt that he was going to pick his pock ets, he charged him with it, when the fellow gave him a violent blow, which cut his mouth, and knock !ed him down, and the villain ran off. The cry of 164 Stop Thief" was raised, and Pearkes, the Bow- Istreet Officer, happening to be passing by the end of Charles-street, observed a man doubling back under the horses of a coach • having no doubt that he was the robber, he knock ed him down with his stick-- I some of the companions of the robber knocked i Pearkes down at the same time: the o ffi cer, how-: I ever, kept fast hold till some watchmen came to his ' assistance. He was conveyed to the watch-house, where the villain, with the most horrid threats and imprecations, lamented that he had not done the Prosecutor and Pearkes a serious injury. Ou Sa -1 turtlay morning he was brought before Mr. NARES ; the officer did not appear, and sent word as a reason that he expected to go to sea in a few days; his 1 brother, Mr. Alexander Stent, nho tai in company with him, attended, and sufficiently proved the charge. He was, houeser, fixed in another n Py, as Humphreys recognized him as one of the most no torious characters upon the town, of the name of Bill Judd, and he was convicted under the Police Act, as a reputed thief. STE.ILIND NESS txrrs.---On the night of the 26th of December last, Mr. Butler's premises, at Higley heath, in Hampshire, were robbed of 68 tame Viva snail, being the whole of his stock except two. No trace could be made of the robbers or of the birds till within these few days, when Mr. Butler received in formation that some of his pheasants were at Mr. Kendrickls bird-shop in 1 iecadilly ; upon which he came to town, and obtained a search-warrant, and Fearkes, on executing it, found in Mr. Kendrick's garret eight pheasants, Iv hich Mr. Butler identified as part of those stolen, by the marks he gut on them when young. Mr. Kendrick aliens aids attended at the Office, as did a man of the name of Gough, who is in his employ, who said he procured them from his nephew t Wartield, in Berkshire. Mr. READ , the sittipg agistrate, held them both to bail on a charge of r ' emi r' 14 the birds, knowing( them to be stolen. WALiIeSBANKREPTCY. — Saturday being appointed by the Commissioners for Benjamin Walsh, Esq. M. P. to surrender to his creditors, under ,the Com mission awarded against him, a meeting took place 'at Guildhall. Several di Ins having been proved, the c l emtbissionersadjoerned with the Assignees to New gate, for the purpose of receiving his surrender.- Tile Commissioners went into Mr. Newman's parlour, and the Prisoner was.brought befori them, and sur rendered himself according to form. He assured the Comnthsioners that it.would not take the Assignees more, than an hour to inspect his accounts, so clear „arid satisfactory would they appear when their atten . tion should be directed to the subject. The Com ' snissioners then informed Mr. Walsh,That they would is comply with his request of having an early' day I named, to receive his accounts. No effectual step could be taken as to the appropriation of part of the property of the bankrupt, until the decision of the twelve Judges could be had upon the case of the Prisoner. Adjourned until the sth of February. The Portrait of the late Dr. REYNOLDS, Phvsic:an to his MAJEsTY, published in The European Maga ! zinc for December, 1311, price 2s. has given great 1 satisfaction to the Faculty,.aud his numerous friends, 1 it being .a striking and faithful likeness of the bone ' rolent original. The Portrait of the gallant General HILL, and the Motrement of GEORGE STEVENS, Esq. ithe Annotator of SHAKSPEAdtE, ornament the same Work, Tor January, 1812, being the first Number of Volume LXI. which will he published on the Ist of February. This publication is found to be a ..most acceptable present to friends abroad, it con. taming Portraits and Views, together with the Bio ! graphy, anecdotes, literature, rtistory, state papers, politics, !Ids, manners, and amusements of the age. A sea eel was caught last week at Cromer, and sold by Mrs. Dye, in Norwiek market, which was 6 feet in length, 2l inches in girth, and weighed 481bs. An Italian, who, had volunteered his smvices from a French prison. has been detected at Portsmouth passing Bank of Eng. land Notes bode by some of his comrades, who are also volua teen. ------ Mr. Read, First Lieutenant of the Orestes, was passing over . l the Hoe, en Tharsday afternoon, about foil,. W • eiOCK big atten; lion was attracted by the sight of a s!tnae-hoat, iu imminent danger near the breakers, and from which, two men w err-busily employed in bailing out the water. Perceiving her to be sink 'tag, instantly rushed down to the edge of the ricks, with the view of affording kssistance : .but ere he could reach the shore, the boat had sunk, and the two men were left to stria e e with the waves, one of these speedily peridwd, leaving aas ifeaod family to lament his lacer by Sir. Read's cxertiontpe was so for tunate as to save the other man's life. • Raavaeuxur.„—On Saturday last the ,bock of an earthquake was felt In many places in Oxford and the neighbouring coun ties. We haveaecoants from Tetsworth, Islip, Blew:Aug:lon, Hadley, Wolvereot, and many other villages, which mention that the windows were math shskeu, and in many losses the . shock was Ord felt by the alarmed inhabitants. It was ae- all ees eanspludedlay a , rumbling noise, similar to the sound of a distnotdiseharge o f Iry ordoance. A gentleman of Oxford, math* is Christ Chute. 4 meadow? heard this noise very plain ly, anstfrom its nocommon sound, he immediately guessed it Mat proceed frees an earthquake.. In dome places this noise .iims bowl liseapwarth of tea minutes. Os Monday last that admit nod curlew edifice, the tower and •doine et Christ Ch s g i ro lleal " 111 1 1.11 - 4 0 41 Pc na/t midterm t 'fis ontra:io ms „ • , was spin le limesisieurdeoger of 014. . This.flows owespied liylits. ihmeektee, ; • elPletotits. howtholome or "bighorns is §i, . bait 4 twee oak Which tt le . etedeetured • • illa v ieje t eeteed - terbeeee Wee ilets, Wille itt . orearow===pe al ltess e eireed Peellgt okei. we NW impt to sty. Mat thedeowse iseeisfanetrdritiviet. 1 , ECONOMY ix THE ARTICLE OF A.Nobleman, residing not Many miles f:on, ker-street, and not less distinguished 14 Lis city and suavity of manners, than for hi s good and manly virtues , ' had, a few days since, a part, consisting of fourteen persons. Titt , ) . Is , no sooner stated, than his wife, a perfect pattern of grace and excellence, addressed the guests as to:. lows :-- " Ladies and Gentlemen, there is bread at the those who have the eunstieucc to call for it." What was the consequence ?—A modest Freti6, man was the only person at the table that a , ked for bread. The writer of this paragraph received C A ! above information from three Ladies then preseitt.— It is a singular coincidence, that on the very day another Nobleman having invited two Gunn.., men to dine with him for the first lime, addre,,l them in a sort of jocular manner, thus : . . _ " Although this is the first time t h at you have honoured etv table with your presonce, I think it fair tv tell you that tee 41, at an allowance of bread in this house, therefore, you make the no's! of the lit le piece by the side of your plate, it is 311 that I ran pentlit you to have. 1 leave entirely rev,,, up the use of bread at dinner myself, and there are plenty 4 potatoes, rice, aih , other veg:- tables at the side-tabl e . A s 4 , cheese, it has b.tet: banished from icy table fur this some ant e past, and most certainly will not be recalled until it shall flee t more please a merciful Providence to bless our held* h i 4 abundance." Tile higher orders are frequently called upon t o set that example which salutary measures demsq.. Now• here is that example set. Goo grant that it may be quickly and generally followed ! ANNIVERSARYOF MR. FOX'S BIRTH-Dir. On Saturday the For Club had a Meeting 11 4 dined together in commemoration of the AuniverAr r of the Birth-day of the late Mr. Fox. Lord St. John was in the chair, and he was supported by Eat Grey, the Marquisses of Lansdowne and Tavistork, Lord Erskine, Lord Ponsonby, Sir Arthur Pigkat, Sir Samuel liomilly, Mr. Whitbread, General Fez. patrick, Mr. Adam, Mr. Adair, Mr. Homer, M. Martin, Mr. I.ktvii Erskine, Mr. Kinnaird, Mr. Barnett, and a number of other Gentlemen. Dukes of Norfolk, Bedford and Devonshire, the Marquis of Downshire, the Earl ef Albemarle, Lard Holland, Sir John Auhyn, Mr. Sheridan, Mr. Po l . sonby, Mr. Ald. Combe, Mr, Byng, and other visited persons, were prevented only by previous en. gagements or illness from being present, to testify tkir affect ionate respect for the memory of this exalte,l triot, and their cordial approbation of his —The Anniversary was also to be observed in EtlM. burgh, where Lord Kinnaird was to preside at a nu. merues meeting of the Whigs of Scotland.—.% mty:. ieg was advertised to be held in Newcastle, of whirl Sir M. W. Ridky, Sir John Eden, Sir C., Bale's., Mr. Lambton, and other eminent characters wet" Stewards. Meetings were also to be held in liu, Br:feol, Norwich, and other places, from 1,0 recoft, , ct ion of his arduous and persevering efforts!' the cause of IMsrty, civil and religious, and from the full conviction, that it only by the intimate union of the Aristocracy and Dmocracy in 2116 maintenance of the principles asserted at the Rovqlt:. tiou, that we can hope to repair the injuries wiiiet the undue influence of the Crown has occ,asionot, and to save the Empire by the quiet, safe, and ter. tails course pointed out by the Constitution. On Saturday morning, one of the Deal conches, in turning the corner of a street in Canterbury too sharply, was upset, whereby the passengers were much bruised and injured. One of the inside pas- sengers, a Captain in thi Navy, who was proceeding to town on leave, had several of his ribs broke. A Return of the number of Persons charged with criminal offences, committed to the different gaols in the cities of Landon and Westminster, and county'of Middlesex, for tile!, at the several Sessions held at the Old Bailey, in the years 1806,,1807, 1804, MB, and 1810:— . I IFOS 1807 1 11308 1 Int 2 1, A I Nomber of Permits ......... , 8 5 9 1017 i 1110 1140;11'i • A few days ago a chimney-sweeper, being gaged from Ituntingdott to perform the duties t,f Lis vocation at the house of Pointer Stanley, 1.;q;. Little Paxton, went over night, in order to mence his business early next morning ; and b,t 4 warm stable allotted lt:m for his bed-chamber. Si,:: time in the night the boy was awakened by a ttoi , t' the door, and imagining it to be one of the . serv , .''i who had come to call him, cried out, " I'm a e..L ing." Not being long at his tlilet, he soon cht :t his appearance, when three fellows, supposed to horse-stealers, taking little sweep fol. one of B. - bub's imps, se:.t to fetch them post haste to t::c i - fermi regions, immediately scampered o 6•, arai Le, more made their appea rattc,e, --ii.— srrivii S ltl A cgs. a Mlt.r.va'• Wharf. 4 rtiere. Sails. Comet (Cummings), Leith 21 Jan. 2 Feb. -- 9, P.M. Trusty ( Batlang..it ), dn. 19 I9J Jan. '2, P. M. DOWVE'S Wharf. I Alert (Mil/on:lid), Inverness Dundee 15 Forth (l'olloch‘. Leith Hope (Dutton). do. Dispatch (Lyon), Duodee 111q11 WATER AT LON Alibeciug, 'JO minute* aerr 1 13) Jan. P. 'I. 30, —3, P. I. SO, 3,' P 11. - 30, —3, P. AL L)()N f1111.1)(3g Tills 1)+Y• I Evening. 45 ininutvatior BIRTHS. Oa Saturday last, the Lady sof Henry Owes', E. list-road, Exeter, of a daugMer. Oa Tuesday last, at Old Windsor Lodge, th., lady al* (•'` Stevens, Esq. of a daughter. - On Monday, at Piwton, Izacatbire. Charles. Whitaker, r::i. of Roe Fields, in that enmity, to Eliza, eldest daughter o: Al. P. for Preston. On Wedat • av last, at St. OunegeN, Monnver-square. Adams, Esq. Architect, of Slopeatittse Devon, to ea•oi.i,, youngest a:it.ghter of the late Francis l Oteutley, l'sq. I:. Al__ jar. 5 • • ED. At Rowboat, Backs. on the 11th inst. Aso, the ?Wed • ter of Joseph Lucas, E. Uri. j Oa the ?let inst. at Facto:l-place, Huntingdonshire, Pointer !lewdly, Esq. aged 62. • Oa *ell& inst. Ann Marls, aged 104, the oldest inbrbit..st hi St. James part* Bath. Oa Priday last, at her .bouie at Brampton, aged RI.. no • Amy Johnston, relict of the late Sir W. Johnston, Dart• r' a lt hea., Thandai last;.th Oi;mt Rasaell-Mreet, Vim Aan Muigan, ceiliOnaL • ;IX , SI !Mated nig Iftbibbet by it Loratm, ai 91e STAranitif Ames, 87. Fleet-street. •