Star.
London, England, 1813-07-30 00:00:00

LAW INTELLIGENCE.

COURT. OF CHANCERY. JULY 29.
CASE OF BERICHAMSTEAD CHAitITY SCHOOL.
• A petition was presented to the Chancellor in this
cue fore reference to the Master, to enquire whether
a better mode of managing the Charity Escapes in
this case might not be adopted, and the revenues ap-
plied In a manner more conformably to the intention
of the founder?

The founder, about a century ago, had left a con.
siderable property to support a Charity School at
Berkhamstead, calculated for the free education of
144 boys. One share of the revenue was to go to the
Master, another to the Usher, and a third to the poor
'of the Parish. The Warden of All Souls College,
Oxford, was appointed the Visitor. Various pro-
' ceedings took place relative tv this charity in the
Court of Chancery, in the dm( s of Lords Thurlow
and Loughborough, upon complaints of mismanage.
ment, or mTsapplicauon of the revenue. It was at
one time stated, that the Master and Usher tonic the
whole of their two-thirds without deduction, while
that share which went to the Poor of the PArish was
charged with the whole-of the public burthens affect-
ing die property, so that the poor of the parish often got
nothing from the charity. A refetence had also been
made to the Master, as to the mode of managing the
revenue in the time of Lord Thurlow, and 1 mg leases,
with fines, had been recommended without sufficient
attentions() circumstances. That report was coa-
firmed, and the object of The-resent petition was to
have the whole reviewed, with a view to a better sys-
tem of management. In one stage (4 The proceedings
it had been represented that the number of boys at
the school,instead of amounting t 0144, as the founder
intended, did not exceed four. A sum of £5OOO re-
mained for distribution, waiting the event of the
wise.

The CHANCSLLOR said, that as to this being a school
with an ample revenue, but without scholars, that
was not his business, but that of the Warden of AU
Souls College, who was the proper Visitor. The
Court, however, had jurisdiction over the revenue so
as to take care that it was properly managed And dis-
tributed as nearly as possible according to the inten.
tion of the founder ; and he, therefore, ordered a re-
ference to the Master on that point.

POINT OF PRACTICHAVENSIELD ti. LEIGH.
It is a rule that exceptions ter answers must be filed
in two terms after the answers are put in, otherwise
they are too late. An answer was put in, in Easter
Term. The subsequent vacation, Trinity Term, the
vacation following that, and Michaelmas Term, were
suffered to elapse before exceptions were taken. At
the close of the vacation after Michaelmas term, excep-
tions were filed. The question before the Chancellor
was, whether the exceptions did not come too late I
Mr. BELL contended that they were too late.
Mr. AGAn, on the other hand, maintained that time
flew with lawyers during the vacations, and that they
were to go for nothing.
The CHANCELLOR, after consultiPg the most ex-
perienced officers, was of opinion, that the exceptions
were not too late ; and it was decided accordingly.

COURT OF KING'S RANCH, JULY :a.
SPECIAL 'CLUES. —DITCHSOURN 9. GLOVER.

This was an action on a Policy of Insurance on the
ship Preston, at and from Trinidad to London, war-
ranted to sail with the October convoy. The loos
arose horn her having been' burnt by order of the
Commodore. The only questioh was, as to her sea-
worthiness; and to prove this fact the Plaintiff pro-
duced thee policies on her voyages from London to
C:orunna with an assorted cargo, from Cortuina to
Newfoundland with salt, and from Newfoundland to
Trinidad with Ash, all of which the defendant had
underwritten, and they immediately preceded the
voyage in question.
T. Bayley, the shipwright, swore, that he had exa-
mined the Preston, in the August previous to the
voyage in question; she had all the repairs that he
thought necessary. The amount of the repairs might
have been about .4100; he could not speak accu-
rately as to the amount, as be had not found the ma-
terials.

J. Foster was one of a society that insured each
other's ships. He had surveyed the Preston, and or-
derede*
what re irs he thought necessary ; he consi-
dered herperfectly seaworthy; had underwiitten her
awl paid loss.
J.-Ditchhonm, master of the Preston, swore that
she bad delivered the three cargoes which were men-
tioned in the policies, in excellent condition ; that
she had been captured by an American privateer on
her way to Trinidad, which took away some of bet

•
ropes and sails, bet that she replaced theist at Trini-
dad. The Preston made rather more water than usual
when she 4ris loaded with her cargo of sugar, in
consequence of the warm weather having opened her
upper works. The shippers of the sugar, who were
agents to Lloyd's, had surveyed her previous to put-
ting the sugars on board. He afterwards sailed to
St. Thomas's to Join convoy, when they in pOrt ca-
reened the vessel, which he said was a common cus-
tom when there was nothing to do. They sailed with
the convoy two days and a night, and having been
obliged to e2rry a stress of sail in order to keep up
with the convoy, the Commodore having made a sig-
I nal of an enemy being In sight, the Vessel was much
strained, and made.water very fast. Upon this he
made a signal of distress, and the Commodore having
ordered a survey, directed her to be burned, although
the Captain offered to take her back to the West-
. Indies, if the Commodore would give him more
hands ; this being 'refused, the Captain and crew of-
. feted to take her back without any assistance, which
was also refused. The witness swore positively that
the vessel was sea-worthy and sufficiently found.
The mate and four seamen made nearly the same
statement as the Captain.,
To prove that she was not seaworthy, the defen-
dant called Mr. Slater, who had been master of the
Scorpion, who swore that his attention had been at-
tracted, to the Preston, at St. Thomas's, by seeing
them careening her, it being unusual to careen a
loaded ship. He thought her a bad ship, particu-
larly as to her rigging. He did not think that she
was in a fit state to go the voyage ; she was surveyed
by him and two carpenters, and in consequence of
that survey, the Commodore ordered her to be burnt.
The crew did not offer to take her back, until they
knew they were going on board a man of war; there
was not sufficient rope on board the Preston to repair
her rigging. No other vessel complained, nor was
the weather such as to strain a vesseL
Mr. Edis, Lieutenant of the Scorpion, did not take
notice of the Preston until she made a signal of dis-
tress. He went on board of her : sbe leaked so much
as not to be kept free without more hands; her rig.
ging was very bad. He afterwards went on board
to destroy her. She would not have been condemned
for the badness of the rigging only, unless accompanied
with the leak.

Lord ELLENBOROUGH said the point for the Jury to
consider was, whether the vessel at the time of leaving
Trinidad was sea-worthy ? and all that went before
or came after was only important as assisting them to
form that judgment. His Lordship then remarked
on the evidence; and said it was a question of con-
flicting testimony, on which it was peculiarly the pro-
vince of the Jury to decide.—The Jury found a ver-
dict for Plaintiff—Damages, itloo.

• HarroN CARDER.—.-.Yesterday intoning janstr
Leary was again put to the bar, and the farther inves-
tigation of the murder of Edward Clifford was pro-
ceeded in:

Mary Clifford, wife to the deceased, was brought
forward, and being in a very weak state, the Magis-
trates ordered her a chair. Her evidence on a forrear
day was read over, and was in substance the same as
she gave before the Coroner's Jury. In addition she
stated, that, to the best of het knowledge, her husband
had, on the day preceding the murder, one £5 note,
seven al notes, two guineas in gold, and 16s. in silver.
Leary, the prisoner, she said, knew of her husband's
having this money : and she accounted for his know-
ledgem th. following way :—.66 Leary asked me, Co
the Sunday morning, in the presence of my husbsind.,
whether he or I had the money in keeping ? and I
told him what there was of it, it was with my hus-
band : my husband was angry at my telling he had
money about him, and said, did I want to get him
murdered ?' Leary told me, on Sunday night, that
my husband intended to leave London the next
night at two o'clock, which made me watch him very
close all day. When I parted from my husband for
thelast time, Leary was with him ; my husband was
very drunk, but Leary was sober."
Mrs. Clifford was repeatedly asked by the Ivlagis-
trates if she had any thing else to say, or if she could
recollect any thing else that had passed ? when she
aaswend as often in the negative; but just as the
Magistrates were about to dispense with her farther
attendance, she related the following story t--4, This
morning before I came here, a young woman, who
was from Ireland, came to my room : she had on a
round hat, and I think I should know her again if I
was to se.: her. I think she said she did something
about Fleet Maiket, but my husband's corpse was
' brought home, and I was much distressed, and I
hardly know what she said ; but I do remember so
much which relates to my late husband. The young
woman told me, that Leary and my husband were
together at twelve o'clock tt night, at a public house
near to where the murder was committed ; that they
called for half a gallon of beer, and that my husband
paid for it ; in doing which he pulled out all his
money, the notes and the two guineas, on which the
landlord asked Leary if he knew who my husband
was ? and that Leary answered—' Oh ! he is my
brother, and I will take care of him the landlord
son atter turned them both out. The young woman
further told me, that Leary was met at four o'clock
in the morning, by a butcher belonging to Fleet-
Market, who had said that Leary was in a state of
great perspiration, and was Wiping his forehead with
the neck-handkerchief my husband wore the night be-
fore the murder." Mrs. Clifford could not tell who
this young woman was, or what brought her to her,
room. There was no person in the room but her-
self when the young woman related this story. The
Magistrates, in consequence of this statement, imme-
diately dispatched officers in search of the public-
house ; also other officers, to make the necessary en-
quiries of all the butchers in Fleet, Market, to know
it any of them, or their servants, had seen the prisoner
at the hour stated.

- • The deceased's hat, and the shoemaker's hammer,
were then produced. The hat was sworn to by Mrs.
Clifford, also by the person of whom it was pur-
chased. Two of the police officers of Hatton Gar-
den swore, that they found the hammer now pro-
duced in the prisoner's room, covered over with coals.
The 'hammer of which one end is round and the other
flat, and about two inches wide, was compared with
the cut in the hat, and the flat end exactly coirespon-
ded.-...The further proceedings in this business were
adjourned till next week.
Kursion-Honsx.—T. Coat:, a footman, in the em-
ployment OW Morley, a merchant, is 811nd-street.

yesterdiy esimitesi:on suspicion of felotiY.
Morley stated, that the prisoner had lived four manila
in his service. About eight weeks back, after the
prisoner had retired to hed, on going down stairs to
see that all was safe, he perceived a string introduced
from the street, through the key-hole of the hall-door, _
and leading to the counting house, in which the pri-
soner slept. He burnt the string, and asked the pri.
toner the next morning what it meant ? when he told
him, that his brother was going out of town, and that
the string had been thus placed in order that he might
be awoke to accompany him to the coach. This cir-
cumstance induced the witness to watch him with
particular circumspection. He, however, observed
nothing to excite his suspicions further until Thursday
morning, when, about one o'clock, he was alarmed
by a great noise, as if a considerable quantity of glass
had fallen, and immediately afterwards heard the
cry of a Murder !" from his back-yard. He !Joked
out of the window, and observed the prisoner lying on
his back, crying out lustily. He went to his neigh.
bour, Mr. Haddington, who had been also &Imbed,
and with him and his servant proceeded to the priso-
ner, who said thieves had been in the house ; that he
had pursued them, and had been knocked down and
kicked by them. A tablecloth and a considerable
quantity of plate was scattered about the yard. The
prisoner's face had ;he mark of a blow and his side.
also appeared to bes little bruised. He was in his
shirt. Witness suspected the prisoner had himself
attempted to commit the robbery, as there were no
marks of violence whatever on any part of the house. •
Morley, jun. deposed, that about half-past
nine, on the night of the rcbbery, while he, the psi.
soon., and a female servant were sitting in the kitchen,
they beard a noise up stairs, as if a door had beets
violently slammed. The prisoner and he went up
stairs, but could find no traces of persons in the house.
—B. Chambers, servant of Mr. Haddiagton, living
next door, proved, that he beard the cries of murder,
and, knowing it to be the voice of the prisooer, he
went to him, and found him lying upon his back in
the yard. e felt his face, and found that he had,
received a contusion. He afterwards assisted him to
his bed. He saw the plate alluded to by Mr. Morley.
—J. Hardy, servant to• De. Dennis, was alarmed by.
the cries of murder. He went into his master's yard,
which adjoined that of Mr. Morley, and found a .weat•
number of silver spoons, which -appeared to have
fallen from the wall.—Sapwell, the officer, examines'
Ithe house, but could find ncfappearance of it lois
broken open. Three watchmen, stationed at the hoc
of the house, depbsed, that they beard the cry of
murder, and were satisfied that no" one could have
escaped without their seeing them.—The prisoner, in
bis defence, stated, that, as he lay in bed, he heard a
noise outside the door, and looked through the key-
hole, where he saw a light : he went back for his
Master's sword, and hearing a noise in the yard, pro-
ceeded thither. The back-door was open, and u
entering the yard, be was knocked down. He saw
two men getting over the wall, and heard a crash.
which proceeded from the plate falling. The plate-
chest was in the kitchen, add he had a drawer under
the chest, from which his clothes had been taken,.
When he heard the noise, at half-past nine, his young
master and be did not search the garrets..—He was
remanded.

MAIILJPOROUGH4TREET....-1 hackney-coachman, c f
the name of Mears, was charged by a Captain in the
army with refusing to proceed to the end of his fare;
and also with insolence. It was stated th.,t he es..
gaged, at West End Fe, on Ttfesday night, to con.
vey the Captain and two friends to the corner of
Bond-street, in Oxford-street, for ss• Soon, after
they had taken their seats, he attempted to put two
other persons inside, which was objected to, when the
two persons threatened to mil/ them, and ;kerwarde
placed themselves on the outside of the. coach, aad
rode to London. .0n arriving at the end of Portman.
'street he refused to proceed, without some addition
to his fare, and was abusive. The defence was, that
he-engaged to take the prosecutor and his friends to
Oxford-street, and he had performed that contract;
this appealing to he the fact, he was convicted only
in the penalty of 10s. for abuse. •
Bow•serisrr.—Tuesday, a Collector of the Tolls
at Smallhury-greer, between Brentiord and Houn.
slow, Seas convicted in the full penalty of 40s. with
20s. costs, for execting more than the toll, which is
2d. for a pair and 3d. for four horses. The Gentle-
man laying the information 4.n public grounds,
stated, that this system is practised in a roost shame-
Jul manner at this gide, having experienced in his
own family, within a month or so, throe similar ex-
actions, the Collector having taken in one instance
lOd. instead of SJ, for four horses, and twice 4d. for
pairs.
NORTH A wirox ASSIZES. - —The trial of HstAir Whits
had excited a deal of interest in the country, and pub.
lie justice was satisfied on Wednesday evening. by his
being fully convicted.—The trial lasted from nine in
the morning until eleven at night. Men of great abi-
lity were employed by the prisoners ; and, in conse-
quence of a flaw in the indictment of the female pi.
soner, she escaped that punishment she otherwise
would have been subject to. Sentence will be passed
on Ilsfy and Kendall at the close of the Assizes.
Exiscurtons—This morning Meru Milishire, who
was found guilty at the last Admiralty Sessions, held
in the Old Bailey, for being found in the act of open
hostility on board.an American, was, pursuant to his
sentence, executed on a temporary platform, at Exe-
cution Dock. This unfortunate young man was
dressed in a blue jacket and trowsers, and wore a
white straw hat, and had a Belcher handkerchief:
was brought out of Newgate at half past eight o'clock
and plieed in a cart, in which, behind him, was stated
the Executioner and Assistant, and on his right sat a
Clergyman, who frequently, during the awful pro.
cession, assisted him in prayer. The unfortunate cul-
prit paid great attention to the admonitions of the
Clergyman, and having arrived at the fatal spot, he
was assisted upon the platform, on whichhe remained
but a short period, and was then launched off, and
seemed to meet his fate with becoming resignation.
His body, after being suspended the usual time, was
then cut down and delivered to his friends, who were
waiting with a hearse to carry it away for interment.
Tuesday maiming was executed, on bo..rd the
BELLE POULC frigate, in Hamoase, Plymouth, Wil-
liam Francis, a private marine of that ship, for mai.
ciously stabbing Serjeant Major Ross, with his b tyonet,
in four places, when on duty, and also for having
wounded James /*Donald, the ship's Corporal.

PANTHEON THEATRE.

A complete change of entertainments took place,
last night, at this spacious and elegant Theatre; the
prdprietors of which evince a most laudable anxiety,
by the engagement -of -performers of merit, to render
their company worthy of public support. ' The
Haunted Tower was produced in a very effective style.
Mrs. Mame, late of the Theatre Royal, Drury-lane,
Made her first appearance, as Lady De Carty. Her
voice is sweet, and her style of singing very pleasing.
She was very well received. A Miss SIN6LETON
Asada her &&ut in the character of ildela. She is a
lively and spirited actress—and, as a vocal performer,
Venni& grace either of the Winter Theatres. Mr.
I'lnt:t. was the Len William of the evening. He exe-
cuted hit sonar. particularly 4, Spirit of my sainted Sire,"
in a Ivry. beautiful manner. The Opera was sue-
Aveded by a uew comic Ballet Dance, called "The
Datekittitp.": in which Mr. J024E5 and Miss HARRI§ON
exhibited some very graceful and spirited dancing.
The' veteran LAVRENT, as Mynheer Saar Crafts, asto-
nished us by his activity. The amusements of the
evening concluded with The Purse, or, Benevolent Tar.
The parts of Will Steady and Sally sere excellently
snstained by Mr. BETTERTON and Mrs. CIIATTERLT.
The house was extremely well filled. Amongst the
company we observed many persons of fashion.

Fmr,.—Yesterday, about seven o'clock, a fire broke
out in the cellar of Mr. HARMAN, wine and brandy-
merchant, in Caution-street. We understand that
the fire was occasioned by the bursting of a bottle of
spirits, which ignited, and, we are sorry to hear, se-
verely burned a cellarman. The fire was, however,
happily extinguished, n itheut doing farther damage.
A'singular circumstance took place a few drys
ego, at a cherry-garden, ucar Folk stone r—The si.
tuation is a very retired one, being nearly surrounded
with hills, and has for many years been resorted to
by a great number of pets(nis in the summer seascn,
toot only on account of the fruit, but from the cool-
ssess of the situation ; it appears likewise that a greater
Number than usual had been induced to attend, in
consequence of notice being given that a badger
baiting, with some other amusements of a like nature,
*ere to take place—but, behold ! in the midst of
their mirth, at the sound of a bugle, the company
found themselves surrounded with an armed force of
military men, accompanied with some Naval Officers,'
*ha, after taking a great number of them to Sand-
gate, and having them regulated by a proper Officer,
twenty of them ware sent on board the guard-ship in
the Downs.
A NEW Isleuvous GENTLEMAN.—When the mind
becomes over 'restless, and threatens to be too much
for the body, the latter, we find, has a way of muster-
ingup its strength by starts and snatches, or of wres-
ding with its inhabitant by means of some violent
action. Hence the various tricks that are called
nervous—such as convulsive movements of the face
or hands, exuberant gesture, biting the nails to the
quick, playing the knife-grinder with your leg, beat-
mg the devil's tattoo, thumping the knee and whis-
ding, &c. &c. It does not follow that the mind is a
strong one, which produces this effect; it only proves
that the body is weak ; and among nervous people,
we dare say that more silly than wise ones are to be
found, inasmuch as the latter have a bettor chance of
bodily vigour, from their consistent and temperate
habits. Many a fine Lady, or sentimental Miss,
would be shocked to find the quantity of vulgar ma-
terials that go to the composition of what she values
herself upon under the name of sensibility. You may
trace the wakeful melancholy of a whole night to a
lazy day or a ham supper—a long expostulation with
fortune, to being heaped with indulgences—or a pre-
passehiag fiood of tears at a tragedy, to the previous
Mastication of a score of live oysters. In short, the
present luxurious age is remarkable for its nervous-
ness; and the Germans, who are accounted the jol-
liest livers, are those who have made such alarming
retensions, of late years, to sentiment and white
handkerchiefs. nAll the pathetic writers, from Euri-
pides down to Sterne, shall be beaten to nothing by
an ill-digestion. After all, indeed, we are afraid that
;along the few nervous persons, who have been wise,
we shall not be able to find any of the very wisest.
. The cheerfulness of Socrates is proverbial ' • Newten
was calmness itself; so was Hume; Locke delighted
in cohering affected gravity; Alfred the Great, we
would lay any wager, was a pleasant fellow; Galileo,
in spite of his imprisonment by the Inquisition for
differing with two Jewish chieftains in astronomy, was
particularly facetious, and remarkable for his fond-
ness for Asiosto ; and D'Alembert, we are told, when
he had done his day's work, was like a great boy let
loose from school. It you want melancholygreat names
(setting aside those that may have been made so by
pure calamity), you must
.go to bigots, bad livers, and
dealers in bloodshed—to the Calvins and Philips the
Second—to the Caligulas and the Commoduses—to
Frederick of Prussia, facetiously called the Great, who
could not leave off his hot suppers, though they tor-
mented his spirits—and to the Emperor Tiberius, who
when he wrote to the Senate from his pandemonium
set Caprza, wislfed that the gods might confound him
worse than they had done, if he knew what to Lg.--
But we are making a huge preface to a very short
story. ..vere merely going to tell an anecdote,
not generally tnown, we believe, of a new nervous
Gentleman, v.Lo
.is no less a personage than Cie pre-
distutb.or of Europe—the mighty INTArohroN.
The reader has heard of his inordinate snuff-takings
eery suspicious symptom), and may have remem-
tiered that the Parisians used to tai of his not being
able to eat certain meats : but he has more nervous
:lope:trances than these. An eminent Artist, now
iving, was visit:ng Paris during the shoo Peace, and
among other places went to see the rooms in which
the Senate assembled. There \--as 4 chair of state at
oac ola of it, and the person who Ilieweel the room
. pointed to one of the arms of it, which was new.
" Do you see, bion4ieitr," said he, so that stew arm ?"
ao-o Yes; but what is thew remarkable in a new arm ?
I suppose it was broker; by accident."'" Nu, Sat •
the remarkable thing about that arm is, that it is re.
sewed once in so many Renewed °ace in
so many weeks 1 For what, pray 1"..-Sir, when the
First Consul sits in that chair, he We a trick, while
the Senators arc speaking tn. deliberating, of taking is
penknife from off the table, and bisckins gio right.
arm wins it, till the surfaw is reduced W tpfinteri-
'Every now and than we renew it witleaut saying any
thing, and whets the First Consul has, repeated his
operation sufficietady, we make him another.

Mlllmiwk