Star.
London, England, 1825-02-22 00:00:00

THE DEATH BELL.

Faint as the breath of night, when Ocean sleeps,
When SCllft• a zephyr filh the trembling sail;
Faint as hs voice when Melancholy weeps,
The bell of death comes whisp'ring on the gale !
Alas! what pensive musings call tby strain

Into the meen'ry of reflecting man ;
To friends beloved the mind reverts again,
Or to the source from whence all life. began !
Lisening to thee the mother's grief returns,
Which time had suoth'd, yet mesn'ry still reveres,
And for her offspring dead her bosom mourns,
She presses nearer still the child she bears !
Perhaps thy theme's of poverty and death,
Of grief, and all variety of pain ;
Oi man, who only in his partiPg breath
Found ease, and hail'd lost happiness again!
Thou tell'st a truth to vaunting man below,
That life and pride must finish up with death ;
Thou tell'st a ttutb which all that live should know,
That Man, proud man, the turf must rest beneath !
Thou ripest a passage to that peaceful spot,
That little hone where conquerors must lie :
Thou shew'st to man what is his certain lot,
And gives him warning—" Man prepare to die !"
G. M.

LAW REPORT.

COURT OF KING'S BENCH, FEBRUARY 21.
STABLES V. ELEY.
This was an action against Mr. Eley, a cheeser
ger, of Thames-street, for damage done to a pony.
chaise of the plaintiff, by the negligent driving of the
defendant's servant.
It appeared that Mrs. Stables was dtiving the pony-
chaise, in July last, through Streatham-lane, where
sevet al drays were passing. According to the witnesses
for the plaintiff, the cart, bearing the defendant's name,
_ was driven so fast down the hill, that it came in con-
tact with the chaise, and overturned it. The Ladies were
not materially hurt, Mu the chaise was broken ; and
the repairs cost 61. 10..
For the defendant, it was contended, first, that he was not the pro-
prietor of the cart ; and, secondly,that his servant was not to blame.
The Jiiry returned a verdict for the plaintiff—Dainages, £6. 10s.
PREROGATIVE COURT, FEBRUARY 51.
ISt tat GOODS OF SIR THEOPHILUS METCALFE, BART.
DECEASED.
Dr.t VSHINGTON was sorry again to trouble the Court
in this eise;but he was afraid that about the last decree
of the Court, there had been some misunderstanding'
which had Originated With himself. On a former occa-
sion the Court hid decreed letters of administration,
(with securities to justify in this country) limited to the
amount not yet collected and gathered into the hands of
the Accountant. General for the Court of Chancery. But
it since appeared that thp sums forming part of this estate,,
which were still standing out of the Court of Chancery,
amounted to but a very few thousand pounds, while the
whole value of the deceased's estate was somewhere about
140,0001. For so large a sum securities could not be
fund to justify ; and though the securities under the
former deuce of the Court were men of great respect-
ability and opulence, they declined to wind their re•
sponsibility to the great bulk of this property. Under
these circumstances, the Learned Counsel hoped the
Court would be satisfied with the decree it had already
made, and decree general letters of administration to'
the former parties. without exacting the full security,
with the condition of justification alteady mentioned.
Otherwise, this large estate must be left unadministered,
and the minor without the means of subsistence.
Sir JOHN lkitcHom. said, whatever might be the in-
convenience to the party in the present case, he thought
it was better that that should be incurred, than that the
Court should break through an universal rule of its
prictice—namely, that where it granted a general ad.
ministration it would require a general security. But
the Court could not see the force of the objection sug-
gested on behalf of these securities : for, if the monies
in the Court of Chancery formed the great bulk of the
property, then for so much they had the guarantee of
the Court of Chancery itself; and for the remainder of
the estate, not 3et collected into that registry, they
stated themselves to be willing to justify. The Court
could not grant anysuch decree as that prayed byCounsel.
Dr. LUSHINOTON observed, that the parties were un-
willing to stand securities for so large a sum as 140,0001.
but perfectly ready to do so for the outstanding portion
of the property not yet accounted for to Chancery.
Perhaps. as the difficulty felt by the Court was on a
point of form, it would allow them to stand in the same
condition as before, and seeing that the security for the
larger sum need merely be nominal, for the reason just
suggeste: by the Court, would it allow a second bond
• to be executed, by two formal securities engaging to
justify as required ?
The Count replied decidedly in the negative.
GIBBONS B. CROSS.
In this case a testamentary paper, beating date the
4th of may, 1820, was propounded as the last will and
testament of George Cross, deceased. The testator was
a poi k butcher, who had carried on business in Little
Qtteemstreet, Lincoln's Inn-fields, in which he had
realised a considerable sum of money. This person had
been twice married ; but, upon the death of his first
wife without issue, he had derived great assistance from
his nephews and nieces, one of whom wat the present
plaintiff. He had always expressed the greatest affection
for those relatives at that time, and made the will in
question, by which he divided the bulk of his property
amongst them. The testator afterwards, however,
married a second time, and had issue a daughter and
son, the latter born in January, 1824. In three weeks I
afterwards (viz. on the 23d of January). he died sud-
denly, having previously made a will,by which he made'
some very small provi ion for his wife, arising out of a
freehold house in Lancaster-street, Burton-crescent.
The validity of the former will was now questioned
before the Court, on the ground that the new relations
into which the deceased had entered subsequently to
making it, formed a presumption that he bad not made
a finkl disposition of his property, and that this paper
was intended only as a draft of his intentions.
Lissumsent and Dotson Were beard against the will, on the
grol of the mihmiquent marriage of the deceased. .
Dr. HACIOAIIop op the other hand, contended, on the
authority of a dictum of Lord Mansfield, that the pre-
sumption raised by a subsequent marriage did not arise
except in cases where no provision had been made for
the wife and children. In .this case, partial provision
had been made for the family.
Sir Joint blicnot.t. was of opinion that, in this case, a
• dim pfesemprion had been raised that if .the testator
bates% died raddenly, he would have altered the di-

position of his property more in favour of these who'
had the nearest claim upon him, namely his wife and
children. The law always presumed in favour of the
next of kin, and a firtiori in favour of the heir-at-law.
Under all the circumstances, there was enough before
the Court to revoke the will made in May, 1820, and
he should therefore give judgment of intestacy for the
wife and family. With respect to the costs, as the suit
had not been vexatiously carried on, and there was good
ground for bringing the case before the Court, he should
decree them to be paid out of the estate.
SECONDARIES OFFICE, FEBRUARY 21.
THE 110 N. JOHN AUGUSTUS SULLIVAN VI. HEN Rif OOULDRN.
T, is was an action on the case, against the defendant,
on account 'of criminal conversation alleged to have
taken place between the wife of the plaintiff and the
defendant. Judgment having been suffered to go by
default, a Jury was summoned by the Sheriff, for the
purpose of estimating the amount of damages to which
the plaintiff was entitled.
Mr. BROW:111Am stated the following facts to the Jury,
%%Lich were afterwards moved in evidence. The plain-
tiff wac a young Gentleman of high rank, who, while at
Etnn, in the year 1816, had the misfortune to become
acquainted with a woman of low birth. He was then
at the incautious and inexperienced age of 17. All his
passions were
.at their height, but his judgment, by
which those passions should have been held in check,
Was, of course, weak ; and by her blandishments she in-
duced him to marry her. Such a connection with a
woman of her character, could not fail to be most
wounding to all the members of his family. This in-
experience, however, argued in his favour, and he was
again allowed to come within its hallowed precincts, on
condition of separating himself from his newly married
wife. This event took place at the end of rather less
than a month ; and from that time forth she was al-
lowed £3OO a year to support her expenses. This an-
nuity continued till the year 1821, when an instrument
was executed, by which he bound himself to give her
the sum of £l,OOO down, and £5OO a year during her
life, an the conditions therein set forth. They were
principally, that she would not disturb nor molest him,
by any suit in the Courts of Ecclesiastical Jurisdiction,
nor pursue any other method for the purpose of corn-
pelling.a restoration of conjugal rights; and he at the
same time undertook to exact a similar degree of for-
bearance towards her, and to allow her to act precisely
as she liked, and, as if she were a single woman. From
the time-of their original separation down to the present
moment, no intercourse of any description had taken
placebetween them. Two years since the defendant had
for med an acquaintance with this woman, and by her had
a child. This had formed the ground of the present case.
The principal object of the plaintiff in bringing the ac-
tion was, that the Jury having granted him large da-
mages, he might proceed in the House of Lords, in
or der to obtain a divorce, and that those damages
would be the effect of the verdict the Jury would give,,
when they had heard out the circumstances of the case,
he had not the slightest doubt—A number of witnesses
were then called, who proved the facts related by the
Learned-Counsel.
-Mr: F. POLLOCK addressed the Jury on the part of
the defendant.
The SHERIFF having read over the evidence, told the
Jury, that the sole question for their consideration was,
what damages they thought a sufficient compensation.
for the iajury received by the plaintiff? In doing this,
they were to remember the rank of both persons, the
plaintiff and the defendant, the terms on which the for-
mer lived with his wife, and the mode in which the lat-
ter had accomplished his intentions.
The Jury, after about half an hours consultation, re-
turned a verdict for the plaintiff.-Damages, 5001.

A survey is now going on, for the purpose of form-
ing a navigable tide-canal, with twenty-five feet of
water, for ships of the first class, from Arundel Bay to
Deptford, a distance of nearly fifty miles. The esti-
mated expense is four millions.
Yesterday morning, at half-past eight o'clock, a fire
broke out in the new and extensive workshops belonging
to Mr.WILLINSON, upholsterer, on Ludgate-hill. It
broke out through a hole in a flue, by which flame was
communicated to some shavings, but was soon extin-
guished, without doing any material damage.
Friday night, or Saturday morning, the premises of
Messrs. KIIIKPATRICE and LANE, coffee dealers, re-
siding in Callum-street, were forcibly opened, and
goods to a large amount stolen.
An Inquest was held on Wednesday, at the White
Ball Inn, Tiverton, on the body of Thomas Vangh,
aged 82, an Irishman. It appeared that the deceased
had for three or four years past lived entirely on broths
and soups ; Tuesday last he was prevailed on to eat a
beef steak, which caused his death, by choking him.—
Verdict—Accidental Death.
It was formerly mentioned that a part of the jour-
neymen ropemakers of Glasgow had struck against
their employers, and had been Idle for some weeks.
Wednesday night, a brutal assault was committed on
Mr. John Stewart, ropemaker, who is obnoxious to the
turn-outs, because he continues at his work. About
nine o'clock he was attacked by an associated rope-
maker near Barrack-street, knocked down several time%
and most barbarously kicked on the breast and other
parts of the-body, so that he is quite unable to work.
Next day he received an offer of 12s. a week if he would
quash the affair, and go idle ; but he has preferred going
to the Public prosecutor with his complaint.
Saturday's Gazette contains an Order in Coencil,
which we are sure will be bailed with pleasure by thie
mercantile world. Our readers may know, perhaps,
that for many years certain articles (rum, tobacco, ikci)
paid an Excise as well as a Customs duty, and two sets.
of officers proceeded to ascertain the quantity, and had
a joint surveillance over them in the docks and ware-
houses. At length the extensive patronage of the one
super fluous range of clerks, landing-waiters, warehouse-
keepers, lockers, kc. &c. was given up, but it was the
Excise Officers that were retained, and we had the
anomaly of articles brought from over the seas being
placed under the sole management of a body whose
proper sphere was to take cognizance only of articles
produced 'or manufactured in England. The primitive
distinction between the jurisdiction of the Customs and
Excise was thus destroyed, but by the present Order in
Council it is again wisely restored, except as to tea. It
directs that the duties on coffee, cocoa, tobacco, snuff,
pepper, spirits, wires, and all other foreign goods, now
subject to duties, collected by the Excise, shill, from the
sth of April, be collected by the Customs.
Butter flies were yesterday seen flying about in a gar-
den four miler west of the metropolis; and in the same
garden the lilac trees and honey-suckles are beginnin g
. to bud, and beneath them crocuses, snow-drops, &c. are
, in /own.