The Sun. — London, England, 1817-11-27 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, Nor. 26. The business of the Court to-day was totally uninteresting,. Several Bankrupt Petitions were heard, and dirfretions given respecting some de nurrers. His LorOship imitated, that on Friday he. kvould dispose of the case of Gordon v. Gordon, having read all the affidavits and papers put in by hoth parties, besides those which had been sent to him from Scotlaud. PRIVATE HEARING. The LORD CHAvcru.Lott further intimated, that had read the affidavits latterly filed in the case 1,1 Procter v. Procter, and would dispose of it to tiorrow. He %Tonid at the same time give his . judgment in the case of Colebrook v. Lee, as he trldetstood nothing more was to be addressed to Lint. If convenient for Counsel, be would be eery glad if they would attend hint in his private room . to-morrow, before he came into Court. He had other judgments - Which he intended to have given this morning, but his - time bad been . so much occupied by public matters - last night, that he had not had an opportunity of reading a single paper. COURT OF KING'S BENCH, N0v.26. MONOPOLY OF OIL. CRIMINAL INFORMATION. Mr. SCA.IILF.TT moved, that a criminal informa- tiun be filed against two Gentlemen of the names of Herman Gerard Hilbers and Stephen Cleasby, oa the ground that they were engaged in a con spiracy, by illegal means, to raise the price of MOce than one individual had already suffered the punishment of the law tor an offence of a similar kind in regard to other species of mer chaodise, and the affidavits now produced distinctly brought home the charge to both the persons ahoVe-named. It appeared that their object for. the last two or three months had been to get into their hands all the whale-oil in the kingdom, or to persuade those who would not sell to them to hold the,commodity until the value in the market hall'heetaitgmented from the usual average of 301. or 40!. per tun to 601. or 701. per tun. The Court was aware that this summary application had been previously recognized in the case of the King v. Waddington, the question there arising whether hops, the article engrossed, were or were not a victual. Lord ELLetsßoaouGn. , ---There was a prior case of an agreement to raise the price of coals. Mr. SCARLETT observed, that in the King v. Waddington the subject had been much discussed ; and in the result it was decided that the crime was not confined to victuals, but that at common law the engrossing of any article of general mer chandise and consumption was an offence. Lard Kenyon had held that hops were a victual, but that circumstance had not determined the case.— The affidavits in the present instance stated, that the purchases of Hilbers and Cleasby had already been so considerable, that they had obtained pos session of nine-tenths of the whole quantity of whale-oil in the country, The first applied to the - instrumentality of Mr. Cleasby, who, it was sworn, had strongly recoinmenued to one of the deponents to retain some oil he would not sell, stating, that lie would soon be able to dispose of it at a very a,dvdneed price ; and when the deponent objected that the speculation might not be ultimately be neficial, as the rise in the market would prevent the exportation, Cleasby replied (anti his answer disclosed the whole secret of the project), that if he and Hilhers could sell Lut half the quantity they held at the price to which they should raise oil, they could afford to let the other half run to Ayaste into the sea. Lord ELLENBoRAtJGH•—Have you any instance where the Court has granted an information in consequence of a conspiracy to raise the price of an article clearly not a victual ? Mr. SCA RLETT again referred to the king v. Waddington : it there happened, that the article was deemed a victual, but the decision of. the Court was general, that it was an offence at com- mon law to engross, any article of general con sumption, for the purpose of raising the value of it. Oil was a most important commodity; it was used in families from the highest to the lowest in all parts of the kingdom ; and if the scheme of these speculators, or more properly conspirators, answered, there was not a contractor in the whole realtn'who would not be ruined. lo answer to a question from the Court, Mr. ScA RLETT added, that in the King v. "Wadding ton, flit first trial did not embrace any before- Inpud har,gain ; for that the defendant was fined 500/. ; but the second, before Lord Kenyon, at Guildhall, did include it, and the defendant being convicted generally, was fined 5001. and impri soned for three months : all the particulars were detailed in 1 East, 167. Lord Ellenhorough was at that time Counsel for the _defendant. - The question whether hops were or were not a victual, was under Stat. 2 and 3 Edw. VI. repealed by a bill brought in by Mr. Burke in• 12 Geo.lll. ; so that any device of this sort to enhance the price of any generally merchantable commodity was left to the common law punishment. Lord ELLLNBOROUGH.—CIeasby is, 1 believe, a broker. Mr. SCAnLETT.—He is a broker, but on these affidavit's !)e appears to be a party other Wise in terited in the event of this contrivance. Cleasby andlbers are not general partners, but in this' instance all the purchases seem to have been made jointly. It is also sworn, that besides the very large stack of oil in their hands, they have entered into contracts with the owners of ships still at sea, fur whole cargoes, SO as to keep the market tip for a long time ; and they have also purchased all the ; pilchard oil of Devon, in Cornwall, which ordi narily sells at 251. per tun, at the rate of 401. per tun, in order that the Public may not obtain any subStirute for whale-oil, and may be compelled to buy of them at the prices they shall dictate. Mr. Justice BAYLEY.—Are there no instances staters in which these persons haveendeavOured to prevent 'other dealers from bringing their oil to market ? Mr. SCARGETT answered in the affirmative ; but this p.,rt of the charge more particularly applied to llilhers. Although the affidavits. did not any positive declaration on his part, heard by the very persons deposing, yet the evidence was still so satisfactory as to leave no doubt upon the subject. Persons interested in defeating this sys tem, bearing that Hilbers had been at Hull, dis patched their attorney, Mr. Knight, thither, and he discovered that all the dealers in oil had been collected at a meeting, where Hilbers had told them, that it • they would follow his example and advice they would be able to bring the quantity remaining in their hands to a very advanta geous 11131ket. How many persons were present did not appear, but Hilbers proposed to them a contract for pu'rehasing one half of all their new whale oil, at 3JI. per tun (the average price being then only 351.), stipulating on his part that be would not sell any oil in that town before the Ist of December at less than 501. per ttm, and they on their part agreeing not to sell any at a less price than 451. per tun. Hilbers also under took to purchase at 441. all the whale oil remain ing in their hands on the Ist of December. This was the mitute of the engagement, though Mr. Knight could not persnitde any of the parties who had entered into it to. make affidavit, lest they ,should be considered patties to the criminality. A Mr. Jones, however, who was well acquainted with the oil trade, had distinctly sworn to his knowledge, that Hilbers did enter into large con tracts at Hull and other out-ports, to purchase oil for the purpose of augmenting the price. to 60/. per . tun ; and •convtrsations were sworn to with . Cle4sby, - on 'Change, who asserted that he and Hilbers had engaged for 800 tans in London, and declared, with an oath, that their object was to augment the value to 701. per tun: They had already so far .succeeded as to force the market to .631. per tun. . Lord ELLENBOROUGH.—To what ports do ships engaged in, the South,sea fishery come Mr. SCARLETT.--1 believe they are confined chiefly to London, and the Greenland-Wien go to Hull. Mr. Justice IlaYLEY.—Some of the ships put into Poole, and some to Whitby,blit they. are com •paratively a very . small number. A great majority of the Greenland-men go to Hull. Mr. SCARLETT continued.—The great object of the Devisers and Executors of this Scheme, was to make their purchases in the winter, and the Contracts for lighting the lamps of the different parishes of , the metropolis, and in the principal towns in the country, having been made in the summer, when oil was comparatively cheap, •itie vitahle ruin must await the Contractors, and the article must be had at any price these parties think fit to put upon it. Lord ELLENBOROUGH—Has net gas, in a good measure, limited the use of oil Mr. SCARLETT.—I hope that it soon will super sede it ; but at present the expense of gas is ra ther higher than that of oil._ Lord ELLENBOROUGH.—Have you any affidavit to show the extent to which this system has'been cart ied already ? Mr. SCARLETT said., that in October, Cleasby bad declared that he and liners had engrossed nine-tenths of the oil of the kingdom ; adding, with an oath, that the London merchants should be obliged to come to them at any price. Among 'other documents, the Learned Counsel was pro vided with a letter, written by Cleasby to a party who, it should seem, had refused to fulfil one of tlte contracts made by Hilbers with hint: it was dated the 31st October, in ‘vhich Cleasby obsery ed, " I have seen Mr. llilbers, as your Mr. H---- wished, on 'Change : he will riot listen to any thing but your, fulfilling the contract by de livering the oil, or paying the difference to him of 601. per tun, at which it was sold this even ing : be will not receive - any deficiency at less than 631., though he would rather: have the oil itself, according to the contract. if an answer he not sent to-morrow morning, this will not be binding, and he will insist upon 631. per tun." Mr. Scarlett submitted, in conclusion, that the case was as strong as it could possibly be against Cleasby, and that no specific declarations by Hil bers were sworn to ; his positive acts, spoke for themselves, and were sufficient evidence for his purpose. Lord ELLENBOROUGH.—Take a Rule to show cause. POLICE INTELLIGENCE'. MANSION HOUSE. EXTENSIVE FORGERlES.—Yesterday Timothy Macnamara, Thomas Buttery, John Hourkins, Thos. James, and Anne Wilson, alias Priscilla Gough, underwent a final examination, charged mrtli be ing concerned in forging and littering as true, divers wills, purporting to be those of seamen in the service of the East India Company, with in tent to defraud that establishment. The only case gone into was relative to one Benjamin Mann, belonging to the East India Company's ship Barkworth, when Buttery had described the woman, Wilson, is the sole execu trix of Mann, who, he added, died on board the tibove-mentionedship in his presence, and he, ac cordingly, since attested the deed. However, the brother of the prisoner Mann now swore to the latter as being in his house, at Mount Neigh, Suffolk, on the identical 5t5 of January, ISI6. Anne Wilson, alias Priscilla. Gough, confirmed all the leading points. Buttery and Macnamara were fully committed to Newgate for trial. Hawkins and James were discharged upon their own recognizances to ap pear upon the trial ; and the female prisoner was ordered to be detained in Giltspur-street Conipter to give evidence -at the . Sessions. • LAMBETH-STREET. WANTON OUTU AGE at the ROY A: TrTHEATRE.- Yesteiday Ann. Burridge, a decent looking young woman, was brought up from the watch-house, charged by -- Vickers, Esq. Proprietor of the Royalty Theatre, IVeliclose-squate, with wan tonly and outrageously throwing from the gallery of the said Theatre into the pit a large glass bottle, which fell on a Gentleman's head who was seated in the pit with his family, and thereby split open.—The Alagistrate ordered her to find good bail, as such a case should not pass with impunity. UNION HALL. HAWKING SAND.--This was an information laid by Hymns, the informer, against Thomas Crutch, of Dclitturd R uati w ay, for hawking sand without a lictuse, The detenJant said that lie purcLa.:ed the sand of Mr. Lee, at Lewisham, and gave him -1i• a load for it ; he dug the sand himself out of the pit ; he contended that sand being a raw ma terial, could not possibly come within - the meaning and construction of the Act. The Magistrate over-ruled the defendant's objection, and con ,- victed him in the penalty of 10/. The defendant appealed to the Sessions. COLONIAL JOURNALS, THOUGHTS ON THE ADVANTAGES OF A. CLASSI- CAL EDUCATION. (From the Free Press, published at Hali/'a.r, in Nova Scotia) (Concluded from yeiterday's SuN.) While engaged with this particular department of the subject, I beg leave to mention farther, that a thorough knowledge of Greek and Latin prosody is so intimately connected.with elegance of English composition, that I 'confess I have no idea how a person could have any pretensions to the one, without, the aid of the other. It is cer tain that some people have neithel' taste nor ear for music, whether vocal or instrumental, and can never be taught to sing or play a tulle, even by the most skilful adept in the science. In such a condition must the writer and orator be, who are ignorant of prosody and the melMlious adjustment of long and short syllables. Notwithstanding all that has been said of late in public Reviews about the profligacy of wasting so much time on rules of prosody and nonsense verses, it is my humble opinion, that the chief reason why so very few of our public speakers are eloqUent and agreeable orators, is the ahnosctotal neglect into which an.- cient prosody has been permitted to fall, by those who are entrusted with the classical education of youth. Ido not mean to' insinuate here, that there . is- no Stich thing as English prosody ; but as it has, been . derived from the ancients formerly mentimned, the very diffi-.7nity with which it is acquired and applied, in scanning Anacreon, So phocles,',Eoripides, Homer, &c. in Greek—and Ovid, Virgil, Horace, Bucl;anan, &c. in Latin is 'a strong recommendation in its favour, and will greatly facilitate its dexterous application in English, by enabling to compose with grace_ fulness and elegance, and to write with, poeti cal melody, 'even when metre is entirely out of the question. I might also mention here, that a classical etlu catioo affords an inexhaustible source of the most refined amusement to all who are posseSsed of it, whether Ladies or Gentlemen, in as far as it vivifies and expands, the powers of the mind—inspires a. generous contempt of false taste, so prevalent in modern compositions, and enables them to . discern and appreciate the transcendent beauties of the most illustrious poets, orators, and historians whom the world has ever known. Though I should be suspected of prejudice, and interested motives, I will venture to affirm, that as there never was, there never will be, any peo ple in existence, so learned, refined, and elegant, and of course so excellent models of imitation, in all natural science, as the Greeks and Romans. Their bravery as soldiers—loveaof country—ar dour for tame—and indefatigable zeal in defence of liberty, as appear in the writings of Caesar, Cicero, Virgil, Livy, Homer, Tirtzeus, finder, Xenophon, &c. are and have been universally ex tolled. • The native energy and elegance of their language is equally astonishing, and can never be sufficiently admired ; nor is there any thing so likely to make a youth magnanimous, spirited, and brave, as .a familiar acquaintance with it—no avenue of intellectual perambulation, I am sure, so flowery and fragrant as that through which we roam, in perusing the classics—no companions so pleasant as they are—and no entertainment so rational (excepting the inspired writings) as that which they aftbrd—covsequently there can be no common acquisition so valuable as the knowledge of Greek and Latin, which furnishes us, with such a fund of mental enjoyment, on terms so moderate. Would any young Lady be willing to have the knowledge of drawing, geography., French, danc ing, or other fashionable accomplishments, struck out of her mind,on condition that the toil and ex pence, to which she was necessarily subjected in learning those branches, should be fairly compen sated in money ? No, she would indignantly scurte any such commutation, even were it possible to be made, conscious that knowledge is power, and that wisdom and learning are infinitely better than riches. With no less firmness does the boy of claisical acquirements fetish) his Latin and Greek, proud of the distinguishing superiority they con-. fer, and grateful to his parents, by whose exer 'ions he has been happily liberated from that soul debasing bondage to which:the ignorant and il literate are for ever doomed. What an extensive dominion does the knowledge of ancient litera ture impart to the mind, into which it has been introduced ! What an immense' range for reflec tion does it supply ! What a multitude of ideas does it afford ! Mid the great advantage is,, that this is a treasure from which the possessor can constantly draw, and af which be can never be deprived. Nay, if hconce truly possess it, should a storm at any time, arise, in the. course of his voyage through life, there are a thousand ports to which he may steer.. Let me then encourage and advise all 'intelli gent parents, callable of giving their children.a liberal education, _to instruct them in the know le,ge of the ancient languages, let their future destination be what it may. Such a valuable ac quisition will continue with them, in all vicissi tudes of fortune, and will enable them to think, speak - , arid act with ease anti - propriety, in every departinent 'of life. Itinerant adventurers, who wish ,to draw the public attention to. a few lec tures, - which learned authors have enabled them to compile; and , a superficial acquaintance with their own. language e.obles-.them: to read,..may attempt and have sometimes attempted, to vilify ancient literature (like the fable of-the fox and the unripe-grapes), as a thing altogether unwor thy Of those exertions which the painful acqui sition of it necessarily requires. These, however, and'all similar, vhstualitiea, need no refutation, and are sufficiently punished with silent contempt. While a particle of genuine taste remains among us, Latin anti Greek 'can never fail to be admired —and so long as parents are. duly 'interested. in the education•of their children, those ancient and elegant languages will never be allowed to fall into disuse, • • CORONER'S INQUESTS. MELANCHOLY CASE OF POISONING. An Inquisition was taken yesterday before HUGH LEWIS, Esq. Coroner, at the Shakspeare Tavern, Lavon-street, Eaton -street, Pimlico, on the body of Mr. David Sarjant, one of the &LP. • rante, and a performer of minor characters in the drama at Covent-Garden Theatre, whose death was caused by his taking pois , ..m. Francis Roger Pat slow, surgeon, Eaton-street, Pimlico; bein , h sworn, said, that on Saturday night, about 12 o'clock, Mr. Rickerby, of No. I, Brewer -street, came to leis house and requested , s,' him to go to the deceased, who resided in the same house as Mr. Rickerby. He sent-his assist ant, who took a powerful emetic with him, and told him to send for him if the deceased had takea poison. He received • a message in a short tinie; ;; f requiring his attendance ; he went inimediatelye and found the deceased quite insensible, and tip: - parently under the influence of opium. He used ‘, every possible means to restore the deceased out effect ; he remained insensible till four o'clock on the _following morning, when he expired. Coroner—" Can you make oath that the de- , ' ceased took opium ?" Witness—" He laboured under those toms which persons who have _ taken opium ~ in an excessive quantity invariably 'do; but- he would not swear that opium was 'what he had taken, as there were other soporiferous medicines that would produce the same effects." The Coroner and Jury requested Mr. ParsleW to open the body. During the operation— Wm. Rickerby, Esq. was examined. . He stated, that on Saturday night the deceased came home from the Theatre ; a lady who resides in the house called to him, and said, that the deceased was ap parently intoxicated, and wanted assistance to bed. He went to him and found him lying on his be& The deceased was sensible when he spoke to him, but appeared very much intoxicated. He said that he had taken three shillings worth of laudanum, and unless Mr. Parsiow was sent for he Should be dead in two hours. He asked him his reason for acting in such a manner as'he had done ? and be re plied, that his cireumstances were very much embar rassed ; that he could not answer the demands' his creditors had upon him, and it had such an effect on his mind that be could no longer bear it, and rashly took poison. The deceased paid great ,at tention to a lady who lived in the house, who had frequently given him money to relieve his embar rassments. He knew of no difference between the deceased - and the lady. For the last two months the deceased has been much given to drinking. Mr. Parslow attended time deceased until be died, and used every' means to recover him. Francis Roger Parsiow, Surgeon, being re examined, said, that at the request of the Coroner and Jnry he had opened the body of the deceased ; he found in his stomach a quantity of black fluid, which he knew to be opium. The opium was the cause of his death. Mr. William Bambrough, assistant-apothecary to Mr. Watkins, No. 2, King's-road, stated, that the deceased came to their shop ott Saturday evening, and asked for six' pettily worth of laudanum ; he said that he was in the habit of taking some every night to Make him bleep ; 114: r0f....4 to let him have such a quantity ; he sold him ,two pennyworth, I .s the firerit-• est quantity they sell to strangers ; after he had served him, he observed that he was intoxicated, The quantity the deceased purchased of him could not have produced his death. It appeared from other evidence, that the de ceased had purchased opium at different shops in the neighbourhood of Covent-Garden on Satutday night. Verdict—" The deceased took poison in a state of insanity." SHOCKING ACCIDENT. Another Inquisition was taken yesterday before the same Coroner, at the Triumphant Chariot, Pembroke Mews, Grosvenor-place, on the body of IVilliam Arundel, aged 22 years, who was killed by being thrown from a horse. Richard Coleman, footman to " Gas- , coyne, Esq. 10 . , Stanhope-Street, stated, that en Saturday, the 15th instant, in the afternoon; be saw the deceased riding on a horse in full speed, along Curzon -street, May-fair • he was upon the neck of the horse; the anima l ran against some railings, and threw the deciased on to theground; and his head was cut open; he was taken into a house and bled he was taken from thence to St: George's Hospital. It appeared from other evi- , (knee that the horse belonged to Mr. Sherwood; of Piccadilly ; that the deceased was taking hint home from the shop of Mr. Botell, North-row, Grosvenor-square, farrier, where be had been. Shod. The deceased died'on Sunday last from the effects of the injury he had received by falling from the horse. Verdict---`k Accidentally killed by falling from a horse. Deodand, One Shil— ling.'' COAL MARKET, N0v.26. Ships at Marliet. Ships sold. Price. 67j Newcastle 86.. 1 i Sunderland 7...........875. 3d. to 435. 6d.. 1 Cinders 0 —s. ed. to —s. (,d. BIRTHS. At Oakhampton, Devon, the Lady of John A. Lethbridge, , Esry. of a daughter. On Sunday, at Cumberland-place, Lady tlizabeth Halli day, of a sou. On Sunday last, the Countess of Abingdon, via son. MARRIED. Tuesday; at St. George's, Hanoi•er-square, Mr. Charles Ashmead, of Mount-street, Berkeley-square, to Miss Eliza Dignum, of Upper George-street, Portman-square. . DIED. On Sunday last, the infant daughter of Vincent 'Stuckey. Esq, of Sloane-street. On Monday, the 17th inst. in his 20th year, while put' suing his studies at Guy's and St. Thomas's Hospitals, Joseph. eldest son of Mr. Borrett, Surgebn, of Yarmouth. - • • On the 16th inst. at Monpierjon, Normandy, Mn.S Spence. widow of Frederick Spence, Esq. formerly Captain of the 54th Regiment of Foot. Monday se'nnight, at'Exeter, Colonel Bidlake, of the Royal Marines, in the 61st year of his age. On the 24th instant, at his residence, Worton Hall, Isle' worth, in the fifty-eighth year of his age, the Rev. Edwar' Scott, D.D. late fellow of Queen's College, Oxford. LONDON: Printed by J. E. CARSTAIRS, of No. 29, G r eat Ormond-street, Queen-square; and published by W. A' !:CRIPPS, of No. 7, South I\l°lton-street, at Tag Sur' , three, , No. 112, Strand. where Advertisements, Orders' Letters, &c. (post-paid) must be addressed,