The Sun. — London, England, 1812-02-27 00:00:00

LAW REPORT. COURT OF KING'S BENCH, Fla. 26. TAYLOR L• BOLTON. This was an -artiol against the defendant, Mr' , of the G.lden Cross, Charing-cross, for not delivering a basket of game which had been sent from Tdinworth, in Staffordshire, by the Holy head Coach, diretted to the plaintiff, near Barnet, who was the High Sheriff of the County; Jt ap peared that the game had been sent, and arrived at Charing-cross, and from . thence was forwarded to. Bolton's house at Barnet, but he alleged he could not find the person to whom it was dire&ed, as he resided seven miles"from .Barnet. The plaCe was called by the plairitiffl'ormlins, but by the reit of county was called Newgate-street, Nortbaw Com mon. It appearing,' however, that the basket had been opened, Lord Ellephorough held, that this sub jected the . defendant to the action, and direEted the Jury to find a.verdiol for the Oaintiff, which they did, for 40s. AB RAH AMS V. CLOWES. This was an anion against the defendant, alleging, that one ()this drays had run against the plaintiff's gig. After hearing a nhmber of witnesses on each side, the Jury found fJr the defendant. ROBINSON V. NYLIE. This was an . a&ion upon a policy of insurance on goods underwritten fOr 2001. on a voyage frotn Hull to Oneage and Archangel, and back again to any of the ship's ports of destination in Great - Britain or Leland. The vessel was totally lost oft the coast - of Laphald, and .1 - he crew saved by the most ruiracti lons tiverference of Providence, they being drifted On shore upon a part of the wreck. The defendant had made an adjustment on the policy, at the rate of tool. per cent. payable in one month. The facts of the case being admitted, and the ad justment upon the policy proved, upon the cross-ex atnination of Mr. Cliffo'd, clerk to Messrs. Robin son and Clarkson, the brokers who effeded the po licy, it appeared that he policy remained in the custody of the brokers, from the time it was effe&- ed, until after the final adjustment, as was usual in such cases. He denied that the brokers were in debted to the defendant, either before or subse quent to the adjustment. Mr. GARROW, for the defendant, said, he had a wry short but conclusive answer to this a&ion, which went in confirmation of one the plainest - principles of the law of insurance, and this was, the policy being left in the hands of the b-oker, and he being indebted to the defendant, the pay mtnt was allowed in the account current between the broker and the underwriter, and the defendant having thus settled the amount of the policy with -the house of Robinson - and Clarkson, the plaintiff's broker, the defendant was discharged from the pre sent demand. Mr. Robinson, one of the partners in the house of Robinson and Clark,on, being- called, denied that this sum had ever been allowed in any account whatever between him and the defendant. The Jury accordingly found a verdict for the plaintiff. SMITH V. CLEVERLEY. This was an a6tnn brought to recover the value of tfe pL:intiffs horse, which was killed by the neg ligent driving of the defendant's chaise. The plaintiti was the proprietor of the Bedford waggons, the defendant a nurseryman, residing at Newir•gton. On the 23c1 of September last the plaintiffs waggoner was riding the horse in question at an easy canter along the Islington road, going to join his waggon, which was on before, when just as he was passing the turn of the road leading to the Angel Inn, the defendant came (hiving furiously along in a one-horse chaise, in company with an other man, in the opposite dit cation, and vi hen he Came nearly opposite the angle leading to the Angel Inn, turned suddenly short, by which the shalt of the chaise came in contad with the waggoner's horse, t lire sr both horse and rider, broke the horse's rib, and penetrated his side; and, notwithstanding immediate assistance was procured, the animal died in a few hours after. At the moment the accident happened the defendant, with his companion, rode away, and did not attempt to stop until pursued by a by-stander, who witnessed the transabion. The facts were proved oo the part of the plaintiff, and the value of. the horse ascertained to be about 161. or 171. • It was attempted, on the part of the defendant, to shew that ttris was a.inere accident, and occurred i rather by the negligence of the waggoner than by the fault of the defendant:but failing in this proof, the Jury fiund a verditt fir the plaintiff—Damages 161. and costs. AEROGATIVE COURT, DOCTOR'S COMMONS EVANS V. RIDLEY. . This was a question arising on the validity of :he will of Mr. Thomas Ridley, of Tothill-street, West minster, who died in the month of May-, 1810. The will was supported on the part of Mr. John Evans, the sole Executor named in it ; and op posed by Mr. Wm. Ridley, the testator's son, who W: , s disinherited by it. The complete execution of the will was proved by the subscribing witnesses; and a variety of other evidence was adduced to-prove the testator's regard to Mr. Evans, who was the person principally be netitted, and bus dislike of his son ; as also to r4..el the allegations made on his part, which, it was contended, was fully done ; and the execution of the will therefore not being impeached upon good grounds, the Court must pronounce for its validity. On the part of the son, several witnesses were produced to prove his father's affection for him ; that his (the testator's) intellects were considerably disordered by the immoderate use of spirituous li quors, and continued so till his death; that he was - dozing, and nearly in a state of insensibility, occa sioned by drunkenness at the time of making his will ; and that he was deceived into the commis sion of that ad, and afterwards prevented from al tering it, by the artifices of Mr. Evans. These cir cumstances, it was contended, the evidence fully established ; and the will, therefore, not being pro perly supported, must be pronounced invalid. The admission of this arrogation was olijeaed to; on the ground, that such a change in the circum stances of a testator, as his marriage, and the birth of A child, had always, by an absolute presumption of law, been held to be a !evocation of any ante cedent testamentary, ad. To this it was replied, that the r evocation wat not an absolute,, but a presumptive one ; that thas presumption is always open to: investigation, and may therefore be repelled by another; and th.it, as that was the ,object of the present allegation, it was certainly admissible to proof. A long argumept took place upon this point, founded upon a variety of decisions of the Courts of Common and Civil L.i w, the principles of which were eloquently enforced on both sides. Sir JouN Nicacke. however, said, he should defer the judgment of the Cana upon this queStion of law, till the final hearing of the Cause ; and in the mean time should admit the allegation to proof, on the ground that the circumsances stated in it might tend to elucidate that - point. S r JOHN Niunoee recapitulated the evidence, front which he thought it was apparent, that there was no elandestinity in theAransadion of the will, andthat the execution of it being detailed by wit nesses whose evidence was perfectly .unitnpeached, must be considered as fully proved; the only ground of opposition, then, was, that of the capacity of the testator being affected by drunkenness; but from the general state of the evidence upon this point, he thought, that when sober ; there was no appearance of a derangement of his intelleds. Upon the whole of the evidence therefore, the Court did not think itself warranted in intertaininda doubt of the au thenticity of the will, which. was therefore pro , nounced - valid ; but in. consideration of the peculiar situation of the son in opposing it, unaccompanied by a decree for costs. LONDON : Printed by 'I FIOMAS WOOD, of No. 35, Maiden-lane, Covent-garden; and Publi6hed by WI I LIANI A [OIIG Eik SCR ll' PS, South M( At the SvN OFFICE, Nu, 112, btrand, where dith,ertirements, Orders tur the Paper, Letters for the Editor, &c. (post-paid BONE AND NEW MAN V. SPEAR. This was a similar suit as to the validity of the will of Mr. William Spear, of Gay's Inn, deceased, brought. by Messrs. John Bone and Christopher Newsam, the executors against Mr. William Spear, the testator's brother, who disputed the fact. Three witnesses were examined, to prove the execution of the will, capacity of the testator, &c. ; and no plea being Offered in, support of the opposition, it was therefore confined to the argument that the evidence in support of the will . was of itself insufkik:ieni to es tablish its validity. Sir JOHN NIOHOLL, upon a recapitulation of it, however, (bought it perfectly 'satistatt-ry, and the validity of the will was accordingly - established. TANNER against JOSEPH. In this case, Mr. Richard Tanner, of Sitting bourne, in Kent, had made a will in favour of Mr. Richard Joseph ; he afterwards married a Lady of some considerable property, and died, leaving her enciente. whit a child, of which she was delivered a short time afterwards. The u ill being disputed, an allegation was now offered id the Court on behalf of Mr. Joseph, containing a statement of various dis agreements between the testator and his wife ; his declarations in consequence, that she should never be benefited by his will ; and farther declarations of his atnounting to a recognition and republication of the will. IRELAND. DUBLIN, Fn. 2.1.—1 n the late trial of the two draymen at the Commission, who were charged with having murdered a poor woman near the Col . - lege, by driving furiously over her body, one witness only was produced on the part of the prosecution, who barely stated, that paising after the melancholy accident, he saw the body of the deceased lying at the corner of College-street, and the traversers at a considerable distance driving off, but neither heard nor saw any thing that could tend to conviaion against them. The prisoners were in consequence ac qirtted ; bat Baron MTLELAND animadverted with marked reprobation on the want of exertion mani fested on the Inquest, and by the Police 5 observing, that it Was lamentable that only so defe6tive an evidence was produced in an affair which occurred in one of the fullest thoroughfares in the city, where hundreds must have been present at the moment. The Hon. Baron intimated that, in order to serve as a check for such neglea in (Mute, the usual ac knowledgment from the Grand Jury to the Coro ner must in propriety be withheld on this occasion. Alderman CASH immediately came forward to defend himself from any imputation of negle6t in the exercise of his duty as Coroner. He. had used every exertion to obtain evidence on the day of the Inquest, but in vain ; and he would have still continued these exertions if he had not been superseded by the Police Magistrates, who repaired to the place, and took upon themselves the task of procuring evidence fur the prosecution, which they had detetmined to institute at their own ex pence. Mr. Gut Nc.SS, the Magistrate, also came forward and addressed the Cour, humbly requesting to be allowed to acquaint the Court with the efforts made by the Magistrates of the distrie,t, for tiie detection and punishment of the offender—he stated that the Magistrate, Mr. Magrath, instantly repaired to the piace—gase orders to take every possible care of the body, and made every inquiry to obtain evi dence ; two soldiers on guard at the Bank, whose posts were within a few yards of the place where the woman was killed, were compelled to attend the Police Office in Duke•street, and were severally examined on oath—but all they could or would de pose was, that the woman was killed, but as to the manner by which she came to her death, they de clared their utter ignorance—the Magistrate further stated that the drivers of the dray were prosecuted at the expence of the Police Establishment, and the Court were pleased to declare their entire sati,fatiion at the defence and explanation—but added, that an advertisement should have been inserted in the Pa pers for the purpose of oblaining the evidence of any casual bye-standers, and the Magistrates re gretted that this measure had not been adopted—but would observe-it as a salutary caution, should any similar case ever occur.—(The Patriot.) The Barony claimed by Sir G. J ERNI NGHAM, and which claim is now in course of diseussi. n before the 1-I,,use of Lords, is the Barony of Stalford, and ❑ot Stratford, as stated in some of the newspapers. OLD BAILEY. Two interesting females of respeEtability, of the names of Weston, were indicted on Tuesday even ing, for a conspifaCy with a third person, to charge Mr. Tkompson, a Birmingham trader, with bigamy, in marrying one of the defendants,. Eleanor his wife being aliVe. The indiamtnt charged the de fendants, with procuiing the said third person, un known, to represent the prosecutor. It appeared, that the prosecutor was a married man ; but he had cohabited with the defendant, Eleanor, in London, and she had bore a child. It also appeared, by the register book of St. Bride's parish, that a rnatriage had been solemnized betwixt the 'defen dant, Eleanor, and a man named Thompson. The prosecutor swore positively, that he was not in London at the time of the marriage,- as he went to Birmingham on the Bth of August, 1810, and the, marriage took place on the 9th, and he .remained at home ten days. He also swore, that the signa ture of Thompson in the register book, was altoge ther a forgery.—ln support of this alibi, a banker's clerk swore;to the best of his belief; the signa ture in the regiSter-book was not Thompson's.— The prosectvor's maid-servant, swore that Thomp son arrived at Birmingham on the Bth of August, and remained there ten days. In defence, two most respeaahle witnesses swore positively to the hand-writing of the prosecutor in the Register Book of St. Bride's, and three witnesses as respeEt able, negatived the assertion of the prosecutor and his servant, by proving hint to have been in Lon d.m on the 9 , 1 r of August, the day the-marriage took place, and one of these was the woman who cooked the wedding dinner, and who attended on the day. These witnesses fixed the date by events which occurred. _ _ _ Mr. GURNEY-replied to the defence, and Mr. COMMON SERJEANT commented on Ihe evideUEOr and observed, that foul perjury had been . commit ted. The Jury ccquitted the defendants. The following is a more ,corre6l account of the recent changes in the Police Establishment of the Metropolis than has yet appeared--Mr. REYNOLDS and Mr. BIRNIE are_ appointed Police Magistrates, the former at Shadwell, vice CAPPER, the latter at Union-hall, vice HICKS ; Mr. 'BAKER is removed from Hatton-garden to Marlborough-street, vice BRODIE, deceased ; Mr. PLESTOLV from White chapel to Queen-square,• vice PYE, resigned ; Mr. CAPPER, from Shadwell to Hatton-garden, vice BA- . KER ; Mr. Htcas, from Union-hall to Whitecha pel, 'Vice PLESTOW: Lord-HArtowicKE has written a very sensible Circular Letter to the Land Owners, Occupiers, and other inhabitants of the County of Cambridge, re s; - e,iting the interded junction of the Cam and Stort rivers, which .his Lordship states, upon apparently strong grounds, would be a measure attended with very beneficial advantages to that county, and high ly deserving of publicsupport. The following Extras it from a respeaable Pro vincial Journal, entitled The Cornwall Gazette, is marked by so apt an allusion, and so much go )d sr-use, that we are sure it will .be acceptable to our Readers.—" Those who have been fond of tracing nui. a iwall,l bet•,,en th. Piti N CE REGENT and our HARRY V. will not fail to be struck with the close resemblance this first at of urirestri6ed Royalty hears to that Prince's conduit towards the 'Chief Justice who had committed hiM; and"think they hear him saying, you did restrict me : For which I do commit into your hand • 'the unstained power that you have used to bear ; • With this remembrance, that you use the same With the like bold, just, and impartial spirit, • As you have done 'gaiust me.' " Those who view this resolution of the PRINCE REGENT in- a less serious light, may paint to them elves the plight of the Falstaff's, Pistols, and Bar dolphs, now discarded, and wish the Shallow: whom they have deceived into becoming politicians, a sate journey back to rustic obscurity .—But per haps a course of actual business has contributed to wards convincing the Prince of a truth, which Op position men seldom fail to discover, and convince their admirers of too, soon after they get into office. Men who have nothing to do with Government but to talk about it, will naturally become. speculative and theoretic. Unrestricted by its rules and unbur thened by its difficulties,, their excursive fancies range through the wilds of eloquence, and, feeling that popular opinion is their only source of power, the best of them arc but too apt to adapt their speeches to minds still less experienced than their own. But when they get into office, they find all the difference between theory and pra6tice Tile Talents' called that prudent abstinence which was the effed perhaps of speculative idlenesss or in expertness, and condemned at Copenhagen, in Op position, what, when in place, they issued orders for doing at Lisbon. Perhaps too, the great States man', CHARLES FOX, who had gained fame by talk ing only, would have lust it in office, if he had lived much longer. What are all our noisy Re formists but speculative men, totally unexpeiieneed in the arduous labours, d:fficulties, and dangers of the business of Government ?--We owe it to the retriaions, that the PRINCE became acq'?ainted -at the same time wiih business and Mr. Pkarcavan." The Gitraltar Chronicle of the .Ist int.tent, which has been received in town, states, that the new tower of Peniscola haying been attacked on the sth Decembar last by from 400 to 500 wen, with three pieces of heavy ordnance, the garvisbn....was com pelled to surrender, after reptdsing the enemy's in !awry three times, on observii.g _that the assailants were preparing to blow the" tower up ; that the French are keeping up an incessant fire upon the Islands of the Restoration (Medas), but without ma terial injury to the works ;or the Troops which de fend them; and that they - continue to commit the greatest excesses throughout the principality of Ca talonia, two of the towns of which (Mataro and St. Celoni) they had lately given up to plunder, without any plot ()cation that cduld afford the shadow of a pretence for so barbarous a deviation from the laws of war among civilized nations. The same Paper contains the report of General Ballesteros, relative to the operations of the army under his command during the siege of Tariffa— it contains nothing more than a repetition of that which we were previously acquainted with. COMAIISSARY DEPA.RT,IIENT, The following low prices, annexed to the Articles required by the Soldier, will prove that the utmost economy is adopted in that essential branch of the Service, wikh_falls under the Commissary in Chiefs LIST OF PRICES 'AID BY THE COMMISSARY IN CHIEF, FOR THE Ut DERNIENTIONED ARTICLES OF NECESSARIES, FuR RECRUITS :- s. d. Black Cloth Leggings 2 6 Black Balls . o 2i . Braces per pair . o 94 Canvas Frocks, each 4 61 • Trowsers 4 r Clothes Brushes each o Combs, large tooth o 31 -, small ditto o 2 Forage Caps each t 3 Grey Cloth Pantaloons 5 9 short Gaiters' 3 Haversacks each t ,1 Knapsacks and Slings 7 Knives, Forks, and Spoons, per set . o 101 s. d. Needles per hundred o 3i Pipe Clay per piece, 0 Ott Razors and Cases each o Shirts each • 5 7i: Shoes per par - 5 5 Shoe Brush es p e r pie o S Stockings per pair o by Stocks an i Clasps etch o Sponges each • 0 4 Suap per lb. . o 9 Tin Pans & C or er s e a ch Thread per Ib. . 2 Tin Pots each 0 Tobacco per lb. • 3 31 Turnscre ws . o 2i Sir FRANCIS MOLINEUX, Gentleman Usher cf the Rod, has been so long indisposed, that his Physicians have now but little hopes of his re covery., The Gazelle of Saturday contains his MAJESreg pardon to any persons concerned in setting fire to a hay rick in the parish of Sheepshead, near Not tingham, excepting only the person who actually set fire to the same, on condition of then- g iving evidence.—The above property was insured if) the County Fire Office, and the fire was discovered and extinguished before it had . done much damage ; the Office, however, with becoming spirit, has offered a reward of foul. for the discovery of the incen diary. It is to be hoped. these vigorous proceedings will have the effect of at length bringing .some of the depredators to justice, and of dissolving the conspiracy, by which so many deluded, * inert are en gaged in aggravating their own wretcl.ednesa, and injuring the general interest of their Country. At Norwich Corn-market, the sale of Wheat was duller, but yet not much variation in price, selling at 555. and some samples 555. Gd. \ Barley remained pretty steady, fetching 255. ; and 265. Gd. was re fused for a small quantity, very superior in quality. Beans for seed, as well as prime'oats, were higher, the former selling at 265. and the latter 20s. ;. and Peas 305. per_coomb.-At the Cattle-tnorliet, there was a gond- shew of half-fat meat, store homebreds, cows and calve;, and some Scotch beasts ; the sheep-pens also were much fuller. Business, hew : - ever, was dull, at much the same prices as last quoted. There were a good many store hogs, and fat pork-.sold at Bs. 6d. per stone. There was the best shew 'of cart-horses we have seen for some time, and also a large sale- of mail coach- horses — some of the latter fetching more than 301. and 501. and 601. asked for some of the former. About •half;past one 'o'clock yesterday morning, an old house in Exeter -street, Strand, tell down with a loud•crash. • The house had given repeated warnings. of danger, and two families left it a tow hours before it tell. An ehieily woman, unwilling iO quit her frail habitation, and anxious to save het tea equipage, remained in a situation of great peril tilt within a few minutes of the falling of the waits. Fortunatel;y no lives were lost. BIRTHS. On Monday the 17th inst. at Westeliff, Isle of Wight, the Lady of Sir Thomas Tapered, Bart. of a Daughter. The Lady of the Rev. Dr. E. D. Clarke, Professor of Mineralogy, tee. Cambridge, was, on Tuesday last, saltily delivered of a Son, at their residence in .Trumpington. On Tuesday, at his Lordship's house in St. ames's-place, the Countess of Loudon and Moira, of a pughtgr. I The same day, Mrs. Charles Clarke, of StClmout.t-st,eeta fi;unswick—square, of a Daughter. Yesterday, at Salter's-buildings ? Epping Forest, . Mrs. Sherwood, ofa Daughter. MARRIED. On Friday last; at Clifton, near Bristol, Charles D.Waldov Sibtliorp, Esq. Captain of the 4th Dragoon Guards, to Ma ria, daughter of Ponsonby Tottenham, Esq. of the above place. On Tuesday last, at Lymington, by special license, H. Kingston, Esq, second son of John Kingston, Esq of Belmont, in the County of Herts, M. P. to Frances Sophia Rooke, second daughter of the late Hon. Mr. Justice Rooks. The same day, at Putney, Edward Whitmore, Esq ; Banker, of Lornbard-street, to Frances, eldest daughter of John Peoley Kensington, Esq. of Lime-grove. On the 25th inst. at Hadsor, Worcestershire, the Rev. Alexander Luders, son of AleY:inder Luders, Esq. of Bath. to Margaretta Penelope Bradstock, third daughter of the late Rev. Thoinaz Bradstock, Bettor of Birlingliain, in the same County% Lately, Lieutenant Burton, of the Royal Navy, to Mist Oak ley. At the Mauritiur., Major Lindsay, Deputy•Adjutant neral to the Forces on the Island, to 'Mademoiselle I.3iddah: DIED. At his house in New Bond-street, Mr. William Fraser, Optician to their,Majesties. On.the 14th inst. at lns apartments in the Adelphi, in tlx . 22d year of his age, after a painful illness, Robert, third son of the Rev. T. li. Pearson, Vicar of Queen Camel, Somer. , setshire. On Friday last, at Cheltenham, Mrs. Berington, wife of Thomas berington, Esq. of Winsiey, Iterehmishire. On Sunday tne 23d inst. Mrs. Mary Gouldsmith, aged 71. at her house in Little Britain, AiC.ersgate-street. The sane day, in Market.street, - Hems, at .a very 2d vanccd age, the Hun Frederick Cavendish. O n Wednesday, at his house in Southampton, in his 57t 1/ . year, W. Lindsey, Esq. formerly or the Eland of Antioia. On the 3 tst of August, at Benares, the Lady of Wilhaf o Loch, Esq. of the Last-India Company's Civil Szrv:ce. 'On Thursday the ad of ()duller last, in child-birth. a t Fort Stoddart, on the river Motsiie, in the Mississippi Ter ritory, Mrs. Frances G a i nes , aged 23, the • wife of Captain Edmund Gaines, eldest daughter of judge Tonlmin, and grand-daui,litcr of Dr. Toulmin, of Birmingham. COAL MARKET, F. 26. Ships at Market. Ships sold. Price. 454 Newcastle . . . . 4os. od. to sis. od, si Sunderland s Cinders . . . . t . 325. od. to —s. ed. I' I? 1C E Ul, S TGCKS YESTE RDAY. Bank Stock, 230 India Bonds, ‘6s. pr. h:ayy 3 per Cent 931 93 Excheq. Bills, ',d. per day, Irish 5 per Cent. ss. 6s. pr. 34.-d. pe. (1.1, 4 per Cent. 78i ili Ss. 55. pr. pert ent. R. Os ii• Omniurn, 3 per Cent. Cons. 62-k 62 i ii Imperial 3 per Cent. 6o i i Beak L. Ann. 16 i 7.i6ttis 3 Ditto Ann. India Stock, 1754 Cons, for HIGH WATER AT LONDON . BRIDGE TO-MOR ROW. Morning, 9 min. after 3. j- Evening, 35 min. after 3. •lton•street, Cir9svenor• square s iraiAst be Jthire,sed....