Star.
London, England, 1804-02-14 00:00:00

'Limp wow remained but the Judgment erase Corset,' eiiiich the word trot* will
which was pronounced by to be tupplied.
Mr. Jollies Gains, who delivered to the defen-
dants an appropriate reproof. The Learned judge
Hated firß the different heads of the charges contain-
ed in the information, and the different items of which
it was compofed—took a diainaion in the fhades of
guilt of the Defendants ; Nl•Comming being the
wort of the two, he having been mote milchievous,
Oise, and availing himfelf of his nation as Pay.
mailer. He objet red alto, that the Defendant, Co-
lonel Hepburn, had in his defence before the Court,
upon affidavit, endeavoured to mall the blame entire-
ly on Nl,Cumming, in whofe integrity he alledip.sl
he had entirely confided; for this there might be
fome foundation, but nothing that would amount to
an excufe. It was neceffary, the Learned Judge laid,
for him here publicly to coma an error which had
become much too prevalent in the minds of fume
public officers, which was, that they were not refpon.
Chile for the fiends of ihofe who aced under them,
provided they did not a& fraudulently thanklves.—
The Defendant, Colonel Hepburne, had Rated to.
the Court, that placing implicit reliance an the other;
Defendant, John *Cumming, be figned thefe ac-'
counts ; but that he, the Colonel, did not know them
to be falfe : had the Jury believed this, they woold
have confidered the cafe, on the part of that Defen-
dant, as founded in error . but they had negatived
the idea of this being merely the effea of error, and
had eftablifhed the guilt of both Defendants. In this
way, however, the colonel had endeavoured to fay
that this was not his offence, bur that he only relied ,
on the honour of Mr. *Cumming, believing his
vouchers to be authentic, he bad figned them. This'
was a breach of troll which was repofed in him by
the public. It was his duty to know the Rate of the
accounts ; he, as Lieutenant Colonel of the Regi-
ment, was as likely to be acquainted with the Rate '
of the Regiment as any body, at leaß fo far as to be
able to detea both error and fraud ; and it was hies''
duty to have done fo. It was clearly proved that i
he could not be ignorant of theft particulars;—be
knew of the death of Come, and the fitution of thers,
fur whom pay was fraudulently charged. I
t was
neceffary here to obfave, however, that when an of
Geer of the public is called upon to teßify by his fig-
nature the accounts df a Receiver or Paymaller atl-1
ing under him, he mull feel that be is called upon to
examine and correa errors in the account, which
may either wilfully be inferted or inadvertently crept
in, and, at all events, to prevent charges being allow-
ed for which there is no foundation ; and although.'
Lieutenant Colonel may not be fo well acquainted
with all the affairs, and particularly accounts of a'
Regiment, as the Paymafter may be, Rill he is bound
to ufe due diligence to examine into the truth of the
accounts, and to take care that none of the items are
fabricated : this was what the public bad a right to
erpeet of the Defendant, Colonel Hepburne, in this
cafe. There would be no ufe to the public in troll-
' hsg fuch an officer. it in requiring that he fhould
examine fuch =aunts, if he did not take the trouble
of doing fo, and paying proper attention to that fub-
jea. It mad therefore be anderßeod, that negli-
gence and inattention many accounts which officers
fign as vouchers, is a breach of anti to the public.—
tipan the nature of thefe crimes. as they elle& the
public the Learned Judge Paid; he had, fince he fat
upon the Bench, and that not very long ago, fo many
occafions to obferve, that he need not fay much up.
on that topic. Climes of this kind were fo difgrace-
fel, fo frequent. and fo ruinous in theirconfequences,
and therefore fo alarming. that the abfolute ruin of
the Rate mutt enfue unlefs they were checked.
As to the affidavits which appeared in behalf of
the Defendants to their charaaer, they were from
many of the molt elevated and honourable perfons in
this country, and it was impoffible for Ole Court not
to regret that Gentlemen of fuch high and honourable
Rations, fhould forget what was due to it : end they
mull not forget that when they filled thefe honour.
able offices in the fervice of their Country, they Lad
two things to attend to—Courage in the Field. and
integrity in the Clofet. and that it will be in vain that
the Country fhould have been Caved by their valour,
if it was to be ruined by their frauds in private.
Whe Court taking all the eircumliances of this cafe
into conlideration, did order and adjudge that John
IsKumming, for this his offence be committed to the
culludy of :he Martha of the Marlhalfea of this
Court for IS calendar months; and that William
Hephurne be there irnprifoned for 12 calendar
niooths, and then difcharged.
HEYWOOD O. avows.
This was a cafe of material confeptenee to the
Gentlemen at Lloyd's. A verdia had been obtained
for the Plaintiff, and application had been made for
a new 'alai, on The ground. that at the time the po
lky was effeaed. cooceahnent was pratlifsd on the
part of the allured. It appeared, a furvey had been
recently made of the (hips which was not commu-
nicated t.s the Underwriters.
Lout Elmo soaotrom adverted to the cafe of
Carter and Boehm. and of bhoolbred and Nutt t he
laid nu material faa can be fuppreffed that will not
insali.rwe the infurance, on application from the
Under re, hers, to be made acquainted with fuch faa;
but that it is n..t neceriary the allured thoold enter
into a hitiory of the lliip, which alight he tomidered
neceffary if the doatine of dire:real were carted
much further.—New trial refufed.
M kestrel" en GIt4O&Y.
Cur readers Widiterlf.lkS, that this is one of thole
C 'ides originatiug in the Ilea bubble, Mluwu up by
the fpurious comnionication, pinporting to be front
L.-rd flawn:iliVar to the late Lord Mayor. It will
Ire :er,•,;,e(eit, that At the ttial, Mr. Gisas took this
otjeftiiin The Statute of the 701 Geo. 11. t. S. te•
cu,res. that et tranfae:inn in the Stocks mull bea
anal tran.fer ; and that in the prelent
• 41C, 11,1 tr4l.-.t.r was made prcvinutly to this maim
being binugii!. Tile Loah Cutsr Jusrics admit•esi
the r the ohkaioil, and a Verdin HAS ob-
tained the l'iarntirf, intijea to the opini, nof the
Coitrt on Oa. Judges this day
tumor, t-d sscl the Nol,le and Leainc,l Lord; the
..1 %Lich i-, that a new ilial mull take
the liavi•,g been made in Jody lA,
t.ie 4.bjet.i..o is removed, at.l the veinli.tt will in
conrfe for the Plaimii...
rn; talen to the cafes of
IT Inter a•id ai.iccr, and I:oticts and Pouch, i.i
which no totrilcr at 1111 ii.i!Ca to ;lave been made.
The in the mole Irian the in-
correct se otslit.j t f ta.c Ea the (;.11 fc.Ai. us in

ILICTION.

is future be amleritoo.l

- - - -
Ste T.owas.D Patca.—An application had beta
formerly made to the Conn by Mr. Webb. the peti•
tioner againft the return for the Borough of
ILhelter
at the late eleCtion, for a writ of Habeas Cuomo, It
bring up the body of Sir Edward Price, Bart. %horn
he Rated to be a material witnels far hint in the ap
proaching trial of the merits of his. Petition brtute a
Committee of the Hoak of Commons. On that (lc-
cation the Court ordered the Rote to be (creed upon
the Creditors of Sir Edward Price, and upon the
Attorney and Solicitor General.
Mr. PARK Rated that this had been done accord-
ing to the orders of the Court, and that no obj zCtion
had been urged againti the meafure for which the
Court was tulicited in favour of his client.
The Court therefore ordered, that the writ fhould
be granted, upon condition that Mr. Webb flpiold
give Iscurity for the laid Sir Edward Price, and be
at the expcnce of carrying him backwards and for.
wards.
TYTHES.
SANDS? O. MILLAR.—This was an aainn of of
brought by the Plaintiff, who is Vicar of Camber-
well, againft the Defendant, wbo puffeffes forties
ground at Peckham Rye, in the parifh of the for-
mer. It appeared that a certain rate of compotition
had been entered into for tome time before at fo
much per acre in lien of tythes. This contrail had
expired about two years, when the Vicar thought it
was reafonable that the compefition amid be in-
created from es. 6d. per acre to 55. This the De-
fendant refuted to pay ;in confequence of which the
Plaintiff was obliged to bring his altion, and the
eompofition, when compared with the prowl permit.
appearing to the Court and Jury very reafonablc, he
recovered a verdift for the whole of his demand.
Mr. Mauror afterwards moved (or a Rule to
(hew cattle why this vcrdia fhould not be let afide,
upon the ground that the Defendant, being a (hoe-
maker in the City of London, was not liable to be
fued in any Court for a fum lets than 5L except in
the Court of Requeßs at Guildhall. - The Rule was
granted.
Mr.Wrot.t r came to (hew cattle agaihß this Rule.
He admitted that the Ad upon which Mr. ?diltator
had founded his motion, did give the Court of Re•
quells thefjorifdiEticn contended for. But he con-
tended, that this, being an eccleftaaical cafe, was
excepted in the A&
Mr. Maeasor defended his Rule againft this ob•
jeltion by obferving, that this was not properly an
eceleftaßical cafe, as it could not i,e tried in a Stith
tual Court.
Lord Est.snamtouott.--Tbis teems robe a point
of very great importance, as it goes to afcertain the
extent of the jut ifdiaion of the Court of Requelts
' under the exiting Afis of Parliament. It therefore
requires ennfideratioo, and the opinion of the Court
(hall be given at a future opportunity.
PALS. IMPRISONMENT.
- -

v. Cowria.—This was an atHon for Gift
imprifonment. It appeared that the Plaintiff, who,
along with the Defendants, lives in William.fireeta
Blackfriars-bridge, had granted the latter a fort of
licence to lay his coals in his yard. Finding this to
be inconvenient, he refolved to withdraw his licence,
and accordingly [but his gate upon the Defendant,
who infißed upon his °fuel privilege. After Come
difputing upon the fubjee, die affair terminated for
that time in the Defendant committing the Plaintiff
to the cußody of a conßable, who carried him to the
Poultry Compter. In a few hours afterwards, he
was taken before the fitting Alderman, who Paid he
had no jurifdiaion in the cafe, sad therefore dil.
charged him. The Jury gave a verdia for the Plain.
tiff, isol.
The Defendant afterwards applied to the Court
to. have this verdia fet afide, upon the rounds of
exedive damages.
Mr. ERIIIIIII (hewed caufe againG this Rule, and
among other damages tullained by die Plaintiff, he
mentioned a very talons injury fullained by his wife.
in confequence of her alarw at tl.t time when the
tranfaaion took place.
The Court, however, were of opinion, that the funs
given by the Jury was fo far beyond any injury that
had appeared in evidence, that the cafe ought to be
recontidered ; and for this purpofe granted a new trial.
This being the lalt day of Term, a great variety
of bufinefs on praaical irregularities Came before the
Court, which did not break up till nine o'clock,

The fwindler, Major Hart, wbu efcaped to Ame•
rice in September hit, in a velrel from Greenock, has
committed a forget y on the Ct onelflictit Bank, and
a reward of loco dollars have been offered fur op.
prehending him.
The Magiarates of N.,ltinghans have prohibited
emit-fighting within the liberties of that town, and
have notified that all inn '..setters who tolerate fuels
amufements, will have hlreit licenc.:s forfeited.
A female figure, without a head, lag week, ncea-
(*tuned a legions alarm in the neiglinou. hood of Brad-
ford ; nn the. feemod Light, however, of its a; pear-
lake, Come gentlemen caul ht the luppof,:d
phau• ern.
an apothecary's apprentice, whom, alter a ic.sic
beating, they docked in a }lmre-pond.
Some people of a bad habit t 4 bo,ly and had living,
contra& fpungy eectekencel on the etin, which, un
fiefs checked, communicate their m,ubid nature to
thole hones, foperficially coveted, and immediately
in the neighbeurhnnd of there ulcers. applt
eig
corroding you dethoy the adjacent !kin,
and even &mild the bone remain found, and the
wound put on a healthy appearance, you have pre-
vented it from healing by dearoying the integuments
which Nature 1141 it not in her power petfatly to
regenerate. Let me adviie the patient, tlitrefote, to
mend his fyilem, and fpate the lace j the
effeas of which tteattneen IGixlla Gcodlzt,
wade, near Edinburgh, experienced in a pt 11.. t c..re
of her ulcerated leg. and atm., by taking
bottles of Bpilibory% Drop'. Her cafe is at! it .1
by Mr. Master, Mr. Paiton, mioilt-r, and Mr.
aft, Surgeon, • f Edit burgh. The crs.n. of
Medicine on fe•oFlitibt, gent, theematiftn, &c. c
amply detailed in the lull acconn anyim.! the
Antifcorbutic kiln's, fold at the MI-citify, S
firrate, London, in bottle• of ye. to*. and :I. P.
whit a black name affised to each bAtle, tra.C„,.
brillkuty a,d Co. No. Is, Soho lqu.cec."