Star.
London, England, 1805-01-29 00:00:00

this country.

Letters have been received with the Hamlsurgh
Nlails, from Amflerdam, giving an :recount of the
proceedings of the French, in felling the cargoes of
Englifh manufadured pods, which Lave been con-
fifcated by their foldiers. The Dutch Government
is entirely patlive upon the occafion.
The Groom of General Mast:don r is the audi-
oneer of this military Cuftom-hoirfe. The goods re-
main fwarehoufed till an opportunity arrive for re-
exporting them. A guard of foldiers attends at the
place of fale, to prevent tumult. Such is the mile-
rabic abject Bate of the Batavians.

Mallet BITTY, lad night, made his firft appear-
ance at Covent Garden Theatre, finer his indifpoli-
tion, in the character of Douglas. The houfe was as
full as it could pollibly be ; but none of that contri-
tion prevailed, which rendered a vitit to it to danger-
ous during his former performances.

He was received on his entrance with loud and con-
tinned arplaufe, which he acknowledged by frequent
and grateful obeifances. No dials of his indifpal-
tion were vifible either in his appearance or in his
playing. His voice was more clear in tone than we
at any time before heard it, and his general manner
much more animated than when we lalt witneffed his
performance at Drury-lane Theatre. The Play, in
other refpeas, was altogether well aded. particularly
the parts of Lady Randelp6,_Glersalvevr, and Old Nor-
val, by Mrs. LITCHFISLD, Corms, and H•acitava.
Among the company preterit were, Lord and Lady
SPEWCIR, who occupied the Duke of Yoaa's box ;
and Lord It. SPENCER, Mr. Fox, Mr. Gast, Gene-
ral FITZPATRICK. Mr. WHITIMAD, Mr. Sr. JOHN,
Mr. I'. STULL', &c. mot of whom were in the
Duck!. of DsvoNsulaa's box.

DUBLIN, VAUARY 22.
ARREST OF JUDGE JOHNSON.
I now fend you the full pa•riculara of the arrell
and proceedings relating to Judge Johnfon:
" The Hon. Mr. Juftice Johnion, being apprifed
of the intention of the Irilb Government to have him
arrefted, under a warrant (iffued under the 44th of
the preknt King, chap. 92), figned by the Chief Jul.
tice of England, and indorfed by an Iri(h Magiftrate
of the name of Bell, gave direftions that any perfons
who might come to apprehend him, thould, on their
arrival at his houte at Miltown, in the county of
Dublin, be immediately admitted. In the afternion
of Friday lall, Mr. Bell accordingly arrived at Judge
Johnfon's honk, accompanied by a Mr. Medlicott,
who officiated as conftable on the oceation. On being
introduced, Mr. Bell produced to Mr. Juftice John.
fon a paper, purporting to be a fubmillion to be tried
in England, upon the charge made againft him, and
undertaking to appear and plead accordingly to the
indi.ament found againft him in that country, before
the tft of February next. Mr. Bell, at the fame time,
informed the Judge, that the confequence of his re.
luta! to fign this paper would be, that the warrant
would be immediately executed againft him. Mr.
Juftice Johnfon declined to fign it, unlefs advifed to
do fo by his Connie!, whom he offered to confult, and
lay the paper before them, after which he would give
his anfwer. On this refufal, the warrant was execut-
ed by Mr. Medlicott, in the pretence of Sir Henry
Jebb, the Judge's attending Phyfician ; Mr. Emer-
fon, his Solicitor; and a Gentleman of the Bar, who
happened to be in the room. Mr. Emerion then de-
manded a copy of the warrant, in order to ground an
application for a writ of Habeas Corpus; which copy,
alter making feveral ()Nations, Mr. Bell at length
permitted Mr. Emerfon to take.

" On the arreft being made, Sir Henry jebb repre-
tented to the Magillrate the very infirm Slate of Mr.
jullice Johann's health, who had been clofely con•
fined to his houfe for two months by a paralytic af-
fection, under which he is ffilldangernufly indifpofed;
and had alfo been obliged, a (hurt time before, to
undergo an operation which required daily furgical
attendance. The truth of this reprefentation Sir
Henry jehb offered to certify in any way that might
be required ; and it was requefted that the Magairate
would iolorm Mr. Jul Johnfon of the nature of his
inftruaions with regard to him. To this Mr. Medli-
cott replied, that they were direaed to convey him
to Dublin without delay; and on the fudge's requelt-
ing permillion to return to his houfe that night in fuch
citilody as might be deemed neceffary for his talc
keeping ; Mr. Bell undertook, on their an ;oaf in
Dublin, to communicate this requefl to the At orney
General. Mr. jutlice Johnfon was then condiraed to
Dublin to the houfe of his brother (v-ho with his fa-
mily, was out of town) ; and Mr. Bell, having gone
to the Attorney General, returned in a fhort time,
and announced to Mr. Jußice Johnfon that he could
not be permitted to return to his family, but mull be
fent immediately on Chipboard, for the purpofe of be-
ing conveyed to England, and, it is reported, that, for
the purpofe of tranfrnit, ing him without a moment's
delay, a vette' had previoufly been prepared, and was
lying in deep water, ready to fail on the inflant. At
the time of Mr. Bell's return from the Attorney Ge-
neral's, Judge johnfores Solicitor was anxioufly em•
ployed on behalf of his client in fuing out a writ of ha.
brat CO. Pill with every difpatch in his power, and had
proceeded fo far as to obtain the fiat of the Chief
Juftice of Ireland. On receiving this unexpeaed
order to get inftantly on board, Judge Johnfon, who
was unattended except by his phyfician, and had left
his houfe without making any domeaic arrangements,
acquainting his family with his fituation, or accom
modating liimfelf with a fupply of money, or even
with a change of linen, notwithaanding his confter-
nation and alarm, had pretence of mind and addrefs
enough to contrive a plan on the inftant, which (hould
prevent his being hurried to expeditioufly on board, as
to deprive him of the benefit of his writ of &beat corpus.
He reprefented to Mr. Medlicott the neceffity which
he was under, for the purpofe of preparing for this
fudden journey, to call on tome perfons ; and afked
permiffion to do fo in the company of Mr. Med-
licott. This reqneft being complied with, Judge
Johnfon gave private dii onions to his coachman, that
on their getting into the carriage, he flroulJ without
further quellion or orders, immediately drive to the
houfe of the Chiefluftice. This being accordingly done,
he there threw himftlf under his Lordlhip's protec-
tion, who adored him that he would not permit his de-
portation, until time thouhi be given for the fealing
of the writ, and further promifed (as it was out of
office hours) that if the feal of the Court could not
be procured, he would affix his private teal to the
writ. Shortly after, his Solicitor had the writ duly
perfeaed and ferved. Mr. juilice Johnfon was ac-
cordingly brought up on Saturday to the Chief Jul-
tice's chamber; where, on his Lordlhip's requell,
Lords Norbury and Avonmore, the Hon. Barons
George and Smith, and the Hon. plaices Day and
Finucane, attended as A &dors on this important
deliberation. Judge johnfim's Counfel, on the ground
of furprize and want of preparation, applied to have
the argument poftponed till Monday next--and
towards inducing the Court to grant the appli-
cation, letters written by Mr. Marfden and Sir Evan
Nepean, to judge johnfim, were read ; the nature of
which appeared to make great impreflion on the
Judges. The butinefs was however broken ; and the
whole of Saturday, Monday, and this day, have
been taken up in hearing the arguments of Counfel
on both fides; in the courfe of which their Lord-
Blips declared, that they confidered the queilion as
one of the moft momentous, in a conditutional point
of view, that could be conceived. Late on this day
the matter w is adjourned to the King's Bench, on
account of a difference of opinion amongft toe
Learned Judges who :spilled the Chief Plaice.-
-But as the room wes cleared when the arguments
were doled, thole opinions have not tranfpired ; nor
is it known whether the majority of the Affeffors
were for difcharging or remanding Mr. Jullice John-
fon. The Counfel of the latter ftrongly and uni-
formly announced their client's readinefs to abide
his trial, for any charge which could be brought
againft him, in Ireland, where he could enforce (which
he could not do in England) the attendance of wit-
mites in his defence ; and where he had been refident
at the time when he was alledged to have committed
thetffence in England, an 4 uninterruptedly for a con-
fiderable time before. His Connie! further °bier ved,
that as the offence appeared to have been committed

"n Ireland (if at all), the profecutors to be refident 11
in Ireland, and the ftatements in the fuppafecl libel, 4
with which he was charged, all to relate to that coun-
try, Ireland feemed the moil proper
proper place for invef-
• igating :he merits of his cafe. Thefe farts appeared
before the Court by affidavits, which not contradic-
ting the return of the writ were received; and which
were not anfwered by the Crown."

NAUTICAL INTELLIGENCE.

MAILS THIS DArY..—AVInd N. E.
&IL put. Ale. DVt.
1 3 Hamburgb o
0 3 Goocnburgh a Q

Dublin
Wataford

FALMOUTH, lAN oat T 26.—Arrived the Spanifh
fhip Agila Cordora, from Carthagena, bound to Fer.
rol, laden with cotton, indigo, &c. the has alto on
board a large quantity of dollars, and gold in bars—
(he was taken on the 18th inftant by his Majefty's trip
MALTA, of 84 guns. Arrived alfo his Majefly's (hip
Hum sae, of t 6 guns, Captain HILL, from a cruize ;
the John, Kstrit, from Cork ; the Lively, WHire,
from Chicheiler for Carmarthen ; the Bolton, Hou.
LIII, from Gibraltar ; and the Hero, ORCHARD, from
Naples : the two latter veffels are Taft from Guernfey,
and are bound for Stangate Creek, to perform qua-
rantine.—The Princefi Elizabeth Packet, Captain
Km, with Mails for the Leeward Wands, is ex-
pelled to fail to morrow.—The brig Mary, Captain
PHILLIPS, mentioned in my IA as having been on
(bore, is got off, and is now up the harbour, very
much damaged : fhe is taking oat the remainder of ,
her cargo, in order to get repaired... Wind E.
PORTSMOUTH, JAN. 28.—Arrived the HFeo and.
ROVER tranfports, from the Downs. Wind E. S. E.

DFAI, J. alt.—Sailed the DART floop of war,
for Sheernefs. Remain in the Downs, the Ardent,
Utrecht, Inflexible, men of war ; Leda, Cador, Grey-
hound, Champion, Jamaica, frigates; Cygnet, Dart,
Zephyr, Arab, !loops of war; Difcovery, Volcano,
Hecla, Lucifer, and Zebra, bombs; feveral gun-
brigs; Sceptre, Royalill, Majeltic, Gfbourn, Aur
An tcrenn, Attrora, Bellona, Willington, Triton,
Daffier, Diadem, Helder, Duchefs of Bedford, Pa•
ragon ; and feveral other armed defence (hips. Wind
E. S. E.

YARMOUTH, Jaw. 28.—Friday information having
been received of a privateer being on the coati, Ad-
miral Russet. immediately difpatehed the Hawse
and Swam cutters, and Vastrs lugger in quell of
her. In the afternoon of the fame day the Swale
recaptured the Jane, from Newcaßle bound to Lon.
don, with coals, and on the following day fell in with
the privateer, about two miles to the N. E. of Cro-
mer. She is named the Vlieg, had been out of Mid-
dleburgh eight days, and had made only the above
capture ; the had three fwivels and a theft of (mall
arms, fisteen mufkets, and about 03 men. The
Sr•Am cutter and privateer arrived here yetlerday af-
ternoon, and this morning the Captain and crew of
the privateer were landed from the Swam, and ef.
coned to prifon.—Arrived the Hawse cutter.—
Sailed on a cruife the Ann armed brig.—The (hips
of war here are, the MONMOUTH, MAJESTIC, ADA-
MANT, and three cutters.—Wind S. W. moderate
weather.
GRIRNOCR, JAN. 2.r.80011 after the alarm on
Tnefday, the fira Greenock Regimentmounted guard,
and both Regiments were put on permanent duty,
ready at a moment's notice. At three o'clock a di•
vition of the Sharp-fhooters, and a number of Carpen-
ters from the yards of Media. Scorr and Son, Sri's.
and CAsswELL, and MORGAN, went aboard the Nep-
tune, at Gourock ; and, about the fame time, a party
of the Greenock and Port Glafgow Regiment, under
the command of Captain &mutt; embarked in the
St. Andrew, lying in the Roads : the Carpenters to
aft as feamen, and the Volunteers as marines. The
rail of the Sharp-(hooters, on Wednefday evening,
were divided between his Majefty's (hips the TouRT a- I
ULLA, and the privateers. The wind and fea, at
the moment, rendering the embarkation by boats
fomewhat dangerous, Meas. JAMES and JOHN RAN•
am, gave, for that purpofe, their trader the /Wive,
hay-loadrd, for Liverpool. About eight o'clock yet:,
terday morning the TOURTRRILLR, got under weigh,
and, a little after, the St. Andrew ; the former pro-
ceeded downwards, but the latter lay off and on, for
the Mercury and Hero, that they might go in corny
pany. At this interefting moment, when they were
jug about to fat off, another exprefs arrived, infor-
ming, that the fhip in the Sound of Luing, fuppofed
to be a French fhip of war, is his Majefty's (hip the
BRILLIANT, Captain BARRIE, having charge of the
Spanifh fhip, formerly mentioned in this Paper, as
prize to the Neptune.

This information was firfl obtained by Colonel
CAM par of the Cruignifh Volunteers, who board-
ed her on Monday, and was informed by Captain
Baer lE, that the realm of his not allowing any boat!
to come alone& was, that lately when palling thro'
the Sounds, Coen of his crew had deferted in the
boats belonging to the illands.
Expreffes were inflantly fent after the Toua.
rate LLE and privateers with this intelligence, and
reached them before they had made much progrefs.
Our brave defenders came afhore in the courfe of the
forenoon, and were cheered and huzzaed by their
grateful townfmen.

This day there w3i no Court of Aldermen—flti
Lotto MAYOR, after infpeeting the returns, ordered
the price of Bread to be advanced two pence in ih
Peck Loaf.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JAW. ss.
CAM C014.-.-CHATAIf It L. CAULFIELD.

Mt. Da t.l AS addreffed the Court as follows:
" My Lords—This was an affirm for a criminal
convet fation between the Defendant and the Plain-
tiff's w ife, which was tried before your Lordfhip here,
at the Sittings after the lafl term, when there was a
verelia for the Plaintiff—Dwttage: 30001. I am to
trouble your Lnrdfhips for a rule to The* caufe why
there thould not be a new trial, upon two grounds.
In the tirll place I contend that, in point of law, the
verdict, which was given for the Plaintiff in this cafe,
ought to have been given for the Defendant. The
fermi(' ground is, what I think has been generally
difficult to maintain, that in even admitting the Plain.
tiff was entitled to damages, yet the daniages in this
cafe were creed-lye.
On the first of thefe points, the circumftances
were thefe :
" Mr. Eas tc 111 a, on the part of the Plaintiff, went
at length into the circumflances of the criminal con-
verfation, and proved the firli ad to have been in
Atignft 1799. I, on the part of the Defendant, infift-
ed before your Lordfhip, that this was infufficient to

maintain this action, nn two grounds, and produced,
on the part of the Defendant, a peat deal of evi-
dence, wl 'eh it is not neceffary now to ante' into ;
but I -o.esved the ernel and barbarous treatment of
the Lady by this Gentleman, her ,htifband, and that
" en that ground, the damages ought to be rarely no-
minal ; but the principal cafe I made on the part of
the Defendant was this, that the parties were living in
a Pie of fiparation at the time the ad of adultery war
tenunitted ; and, in the sth Term Reports, 331, which
is the cafe of Weeden v. Timbrell, it is laid down
that no aClion for adultery can be maintained, when
a feparation between the hufband 2nd wife has taken
place. Next, I went into evidence upon the Dad
//Separation which was executed by the parties, the
date of which is Auguft the :Bth, :798. There
parties, prior to that deed, had been living feparate.
The fiat object of that deed was, to obtain a recon-
ciliation between the hufband and wife—on the huf-
band undertaking to his wife, to behave to her in
. a different manner, and to treat her with kindnefs
end humanity, flue undertook to return to him again,
and it appears, that in confequence of that, a re-
" conciliation for fome time took place; but it was
quite impoilible for her to continue to cohabit
with her hafhand, on account of the fame brutal
I treatment he had formerly exercifed towards her
1 being renewed, he having gone, in the night, and
1
made ufe of pittols, and driven her from his bed to
the place of reit of her fervant, and fo Ilse left him.
It was provided by that deed of feparation, the firs
objcu of which was to fecure a reconciliation, that
if the fhould, in confequence of his future mircondoit,
be driven to leave him, lie (hould pay her an annuity
of soot. per annum. In virtue of that deed, and in
confequence of her being obliged to leave her huf-
band again, Lard Rodney, her father, and truftee
under the deed, brought an action on the covenant
againft Mr. Chambers, for his affault and cruelty on
his wife, and it was determined by the Court, as is
eased in sd EAR 283 ; the queflion in that cafe was,
whether that Covenant was a legal Covenant ? and
this Coto t wa' .110 a, clearly of opinion it was. Now,
my Lord, I, teems to me this is the ftrongetl cafe
that can poffibly be Rated of a feparation, for it is a
feparatinr under an agreement, which agreement
has bee'. fanaioned by the judgment of this Court,
as a legal agreement. The cafe of Weeden and
Timbrel was that of an abfolute deed. I can per.
cei re no dillinition between an abfolute and a condi-
tional deed, which becomes abfolute on the mifion-
due of the hufband, which it did in this cafe. It
Icem- therefore to me, my Lords, on the authority
of this Care, that the verdift ought to have been for
the Defendant. This Gentleman was living apart
from his wife at the time the adultery was commit-
ted ; and in confequence of this reparation this Court
has laid that no aftion wi!l lie. On thefe grounds,
therefore, my Lords, 1 fubmit to your Lordfhips,
that the verdift ought to have been for the defendant.
" On the other ground, that of exceffive damages,
it appeared in evidence that the Ora acquaintance of
Captain Caulfield with this Lady only commenced
fix months after the deed of feparation had been ex-
ecuted, and that the hufband before that period, had
been in the csonftant habit of treating her in the
enarfeft and molt brutal manner; fo that even ad-
mitting that in point of law the Plaintiff was enti-
4ed to a verdift, it-is impoflible to contend that thefe
damages are not excelfive."
Lord Et.a.esinzeouca—" What proof have you
upon the lull ground ?"
Mr. D•L L AS.—‘‘ My Lord, it appears that the
parties bad been living very unhappily together for a
long time before the deed of feparation in Aug. t 798,
and that they had actually parted before : that the
hufband never imputed improper conduft to his wife,
but on the contrary, (be imputed very improper con-
duit to him : that he had ukd Pols to terrify his
wife, and that he had not denied it, only laying it
.was merely for the purpofe of intimidating her ; and
this was long before her acquaintance with Captain
Caulfield."
Lord atinaoltoun It.—" Yon will be fo good to
attend to the cafe, not taking it to be fettled in Wee-
den and Timbrel, that a man who feparates from his
wife, even fuppofing an abfolute deed of feparation
to have taken place, thereby fo far renounces the
marital rights, as to preclude him from bringing an
alion for criminal converfation againfl a perfon who
has made the return of the wife's affection irapoffi-
ble ; argue it from that foundation, Without fuppof-
ing that the pi efent Plain•iirs cafe is at all governed
by that of Weeden and Timbrel. I with to have this
rapped to the foundation."
i Rule to :hew calif,: granted.
JAIWAILY *B.

II au:, ON THE DMISt or LORD EIItIF.LEY, V. THE
•RCHISISHOP Of YORE.
• This was brought before the Court in the form of
a Sieeial Verditt, the terms of which the LORD
CHI sr Jutrica on this °realism read, and pronoun-
i ted bettue the bar judgment upon the cafe. We
Zhave alr,:ldy cited, at tome length, the arguments
ila'ed by Mr. Serjeant nattsyl and his learned op.
',uncut. On the difficult quaint' involved in this
y tole, we &all' there; re very briefty recal the fubjed
th the ltrectivn of our read•:rs. This was an ejeCt-
men( upon a mei:rye, aid other prensifes in St.

George's parith, Haftovertquare. There was a
Special Verdift, which Rates, that the Earl of Berke-
ley was feifed, and that he deviled the premifes to
Anne Egerton. This Lady was empowered to let
the came fur ninety-nine years, at the belt and moll
improved yearly rent, without fines. The Jury found
the rent was not the belt rent, and the quellion was,
if the plaintiff, as reprefentative of the late Lord
Berkeley, is entitled to recover?? Two leafes were
granted of this cave to the Defendant the Archbi-
Ihop of York, the one on the 19th of May, 17—, the
other on the 14th of May, 1784, and the whole carafe
depended upon this tingle quellion, whether the for-
mer leafe was void, in confcquence of the grant of
the latter ? After an extenfive and elaborate review
ofvatious authorities from Coke, Dyer, Burrows,
Wales, and of the numerous cafes adverted to
in thole authors, judgment was given for the De-
fendant, " the effeft of which will be (faid his Lord-
thip) what the fubltantial jullice of the cafe requires
—the period of the coming in of Lord Berkeley will
not be poftpoucd, and the Archbifhop will fußain no
injury."