Star.
London, England, 1805-11-02 00:00:00

Ety. a .Gentleman of celebrity on the Turf, to the
amount of 2tool. The debt arofe from the tale of
certain high bred mares, colts, and fillies, with which
Mr.O'Kelly had enriched the (porting Marquis's (ha
After fome litigation, it was referred to Mr. Serjeant
Rnnnington to afcertain what was due, and he
awarded the fum of 21001. to be paid upon Mr.',
O'Kelly's delivering up his fecurities and vouchers.
Mr. O'Relly accordingly claimed payment of that
lam, but he was not prepared to deliver up the rem
rities in het, he Paid, they were loit or miflaid. Thu
Mailer difallowed the claim, and reported to that cf-
feet. His report was excepted to. Mr. O'Kelly now
proffered an affidavit, in which he pofitively (wore
that the laft time he had feen the vouchers was at Mr.
Runnington's chambers, and that he believed they
were entirely loft.
After Conflict had been heard on both fides, the
LORD CH•NCRLLOR ordered that Mr. O'Kelly mould
be allowed to prove his debt before the Matter, but
fhould be reftrained from receiving the money, with-
out further application to the Court, unlefs he pro-
duced and delivered up the vouchers and fecurities,
inconformity with the condition of the Learned Ser-
.l:ant's award in his favour. This was the &II of fix
exceptions to the Mailer's report refpe&ing claims
made on the cage of the Marquis of Donnegal. The
latenefs of the hour prevented the Lord Chancellor
from entering into them. His Lordffiip faid he fhould
give judgment in the Duke of Northumberland's cafe
on Monday.

PALACE COURT, NOVEMBER i.
SHORT V. SUITOR.

The Plaintiff in this caufe is a Coach Trimmer, in
Gray's Inn-lane; and the Defendant, a Collar Maker
and Nacker, at Stratford, in Mex. This anion was
brought to recover a compenfation in damages for a
trefpafs and affault, committed on the perfon and
property of the Plaintiff, on the evening of the 22d
of March lag. It was occafioned, as Rated in the de-
claration, by the Defendant driving his heavy cart
with a dead horfe in it in a furious and wilful man-
( ner againft the chaife of the Plaintiff, whereby the
Plaintiff was much hurt, and incurred a great ex-
pence. The damages were laid at sool. The De-
fendant pleaded the general iffue and fon grault.
Mr. Harr called evidence to prove, that on the
night of the ssd March, about nine o'clock, as the
plaintiff was driving his chaife, in which, betides him-
felt; were Mr. Mathews and Mr. Ingle, along Mile-
end Road, nearly nppofite to Bancrott's Alms-houfes,
they being then on the right fide of the road, going at
a moderate rate, obferved the defendant's cart coming
furioufly ,acrofs the road towards them. The
cart (ruck the chaife fo violently that the [hafts were
immediately fnapped afunder. The body of the
chaife of courfe upfet, and all the parties were thrown
out. Mr. Short was to all appearance dead when
taken into the Fountain public houfe at hand. He
was conveyed home, where he was attended by a fur-
germ a confiderable time.
Mr. ANDIBIit the furgeon, defcribed very accu•
rattly the dreadful Rate the plaintiff was in when he
was called to his affiftance. He had a moil revere '
contufion on his right fide, and the eztravafated blood
had coagulated fo as to affeet the whole of his right
fide ; he breathed with extreme dfficulty. The plain-
tiff was altogether fo bad that it was more than ten
days before he was out of danger, and more than a
month before he could be left without medical af-
finance.

The defence fet up was, that the defendant was on
the right fide of the road, and the plaintiff on the
wren:fide; that eircumilance, and his tined:alai
caufed the two carriages to come into contail,
and that whatever injury he had unfortunately fur-
tained, arofe f-om his own negleet.
The Learned Judge who tried the caufe, in a very
pointed way, lamented the conflhling nature of the
'alimony, which he endeavoured to reconcile, and
then left the f.s9s and quantum of damages to the
difcretion of the Jury—who, after half an hour's ab-
fence, returned a verdin of 201. damages.

,LL SESSIONS, NOVEMBER I.

A man named Barrow, a mechanic, was indicted
under the ad of the sth of Geo. 1. and that of the
5d Gen. 11. to prevent the emigration of certain de-
tcriptions of artifans, &c. from his Majefly's domi-
nions, to foreign countries.
The indiament confilled of 24 counts, all charging
lin different ways the fame tingle fad, namely, that
the defendant, being an ingenious artifan in iron and
Reel, whole (kill in his profefSon rendered his afEa-
ance extremely valuable to certain manufactures ma-
terially conneaed with the trade and profperity of
this country, had piomifed, and was preparing to
emigrate from this country to RufGa
Mr. GURNEY, who Rated the cafe for the profecu-
Lion, premifed that it was by no means_ inflituted
with a view to inflid any punifhment upon the De-
fendant for that breach of the law which he had ac-
tually committed, in engaging himfelf to emigrate
from this country, and making preparation for that
purpofe—it was inflituted only with a view to fecure
the advantages of his (kill to his native land,in which
he was jutlly acknowledged to be the moll ingenious
and valuable artift of his prokflion, and to prevent
his transferring the advantages of that (kill to a fo-
reign country. to the ultimate and incalculable injury
of the manufaduring and commercial interefis of thefe
United Kingdoms. However illiberal a flatute might
appear, which could have the effed of confining even
within the limits of his Sovereign's dominions a free
born Englifhman, 3 et fuch was the precaution which
the wifdom of the Legiflature deemed proper for
adoption with refped to thcfe artitls and manufadn-
rers who acquired their (kill in a Britifh fchool,uncl2r
Britifh protection and encouragement, which (kill
had hitherto fo eminently contributed to create a de.
cided preference for Britifh manufadures in every'
market on the globe. To the permanent fecurity of
that preference, it became abfolutely neceffary tv pre-
vent the emigration of our &Mid artißs and ffianu.
fadurers, who might be tempted to transfer to other
nations that unrivalled excellence in the feveril com-
modities, for the produdion of which they were em-
ployed, and thereby to tliminifh, and, perhaps, ulti
mately annihilate the preference due to the pmcludions
of there realms. Hard as the condition might Teem to
the individual, the general profperity of the country
required it ; and it could not fairly be deemed op-
prefEve, inafmuch as it was a condition which every
stain knew was infeparably attached to his profeffion,
and was in fad the condition on which he was

witted to acquire his art, and to participate in the
encouragement and protedinn of his country. In
the prevent cafe, he mould be contented with any
fecurity the Defendant fhould find it convenient to
give.
The only evidence examined for the profecution
was Mr. Cooke, an eminent it on.founder, for whom
the defendant wrought in the defigns and formation
of models for various branches of machinery ; and
be proved the defendant's own acknnwledgmew,
that he had promifed to go to Mot-cow, in confe-
quence of a letter he had received from his brother,
who reticles there ; that he was to call at Manchefter,
and other great mannfaCturink towns, to view, and,
if poffible, take plans of the different machineries there
employed, as likewife upon a Ruffian agent in Lon-
don, for the money neceffary to enable him to under-
take his journey. The defendant had been packing
up his goods, and preparing for his departure.
Mr. ALLEY argued upon the extreme hardthip witk
which fuch a principle as that laid down by his
Learned Friend, would operate againft every man i:t
England who happened to poffefs genius as an Arai&
or a mechanic, and which !kill could not deprive him
of thofe native rights of Britifh liberty, which knew
no law empowering even the Sovereign to prevent an
k.nglifhman from going wherever his occafions called
him, without ample proofs of a juft and legal caufe
for fuch detention. The defendant was charged with
no crime immoral or unjuft. The law Hated by his
Learned Friend required, indeed, that the fedudion
of artifts out of thia country, or their departure, or
preparation to depart, in confequence of fuch feduc-
tion, lhould be prevented, if it could be fatisfaderily
(hewn that fuch departure was for the purpofe of
transferring for 'vie the benefits of their (kill and
workmanfhip w foreign nations. In the fecurity re.
quired in this care, the law allowed fix months for
the return of the perfon fo departing ; and if it could
be proved that he carried on his art in any foreign
country, and did not return when required, then his
fureties would forfeit their recognizances. To prove
that the defendant had any filch intention, it was
furely indifpenfable, fur the fatisfaCtion of a Jury, to
produce fome more extenfive proofs of the fait than
the folitary ifolated circumftance of his own acknow.
ledgment. But he was preparing to go to Roffia,
in confequence of a letter from his brother, and had
received letters of credit upon fome perfon in Lou.
don for the charges of his journey. Suppofe that
brother was in declining health, perhaps on his death-
bed, and a:Med to fee him, and make him the heir of
his fortune—fuppofe he had acquired an ample for-
tune, and withed to emancipate his ingenious brother
from laborious drudgeries, which, however ingeni-
ous and however eminent, (careely afforded hint
even the fcanty means of fupporting a large fami-
ly with the common comforts of decent food and
raiment ; mull an Englifbman, becaufe he has the
misfortune to be born with genius, been bred an
artift, and been drudging halt his life in aiding the
perfection and profperity of thole
._manufactures,
which fcarcely remunerate his labours with means of
exiftence, never, by any means, however fortunate,
be permitted to enjoy the fortuitous, hereditary, or
other advantages open to all Englifhmen, in whate-
ver part of the globe they may prefent themfelves?
mullthe ingenious artilt alone be, like the Ruffian
vaffal, or the Pruffian miner, chained to the foil, and
'refufed the privilege of transferring himfelf, with his
family, to enjoy the legacy, the bounty, or the pro-
tedion of an affluent and generous relation ? at haft,
before fuch a feotence of profctiption—of perpetual
imprifonment even to ti.e limits of his Majctly's do-.
minions, and drudging for life in the unproductive la.
hours of his calling—was it not at lead neceffary that
it fhould be proved he was going to pradife that
calling in a foreign land ? It fhould in this cafe, as
in that of an alledged libel, be indifpenfable, for the
fatisfadion of a Jury, to produce the whole context
of the charge alledged, and not a detached and ifo-
lated eitcumilancc, for this was all the evidence of
Mr. Cooke had ellablilhed. He trufted, therefore,
that a Britifh Jury would not, by a verdict of guilty,
this day, contign an innocent, honell, and ingenious
artift, to prifon, perhaps for life, under a demand of
fuch fecurity as he might be unable to procure, and
drive that family, which he had hitherto maintained
with credit, to feek a (hare of that parochial charity,
to which he had contributed from the hard-earned
fruits of his induftry.
The CHAIRMAN ,explained the law, and recapitu-
lated the evidence, when the Jury found a verdid of
—Guilty.
The Defendant was only held to bail in the fum of
251. which was entered in Court.
--- Strive., was inclined for an affault, with an
intent to violate Elizabeth Hubbard, his wife's
daughter, a child of nine years of age. This affair,
the particulars of which we cannot in delicacy men-
tion, happened two years fince, and the girl kept the
fecret until the fymptoms of a certain complaint ma.
nifefted themfelves. The Jury, rather in contradic.
tion to the Chairman's charge, found the ptifoner
Guilty. The judgment was refpited.

The Earl of ABERDEEN yefterday purchafed S:r
WILLIAM Bimini:cies elegant town manfirn in
Berkeley-fquare. .

Yellerday morning a young man of the name of
He son, by trade a fmith, undertook, fora wager
of ten guineas, to walk from the (tone pillar at White-
chapel Church to Rumford, and back again (making
twenty-four miles), within the fpace of foot hours
and thirty minutes, which he performed with cafe,
having fifteen minutes to (pare. He has undertaken
to go the fame diflance for I col. within four hours.

The carriage of Colonel Sra 'rig broke down refer.
day oppolite the Navy Pay Oflic2, but, hrpily, nei-
ther Lady SMITH, :IC: 11::r daughters, received the
leaft injury.

One of the window curtains in the apartments oc-
cupied by his Royal Highnefs the Duke of KENT, at
Kenfington Palace, caught fire cm Sunday evening
laIl; the flames communicated to the articles in the
room, and had it not been for the timely affillattce of
tome gentlemen, who were at dinner with his Royal
Highnefs, the Royal Palace weu:Lf, in all probability
have been um-timed.

Wednefday. child, about four years old, in the
motnentat e of its parent,•tr.as burnt to death,
by its ckaths O fire, in ltatcliff
Thurfday one s-f the artillery-drivers was found
dead, near 13romley Common, fuppofed to have been
run'cver by an it:munition waggon.