Star.
London, England, 1813-07-17 00:00:00

LAP/ INTELLIGENCE.

COURT OF KING'S BENCH, JULY 16.
WESTMINSTER E4CrIGN.
MORRIs V. SIR FRANCIS BURDETT.
Mr. RICHARDSON opened the pleadings in this case,
and stated, that the plaintiff was Arthur Morris, High
Bailiff of Westminster, and the defendant, Sir F.
Burdett, who, the declaration stated, was indebted to
plaintiff far work and labour done, and for goods
sold and delivered, for which the defendant promised
. to pay.
.
I Mr. GARROW said, the question which the Jury
: had that day to try, was rather of a whimsical na-
ture ; namely, they, sitting in Westminster Hall, in
the city of Westminster, were to decide who were the
° Members who represented that city in Parliament ?
1 That was literally the verdict which they would be
called upon to give. He imagined, it be met them
in any other place than in Westminster Hall, that the
only answer which they could give to such a ques-
t tion, would be, that Lord Cochrane and Sir Francis
Burdett were the Sitting Members ; unless, indeed,
they were to reverse the names, and say it was Sir
Francis Burdett and Lord Cochrane ; but sure he was,
Ithat they could not, by possibility, come to any other
conclusion. This was an action to recover £225, the
moiety of the sum of 4350, which was the amount of,
' the expence charged for the erection of hustings at the
last election for the city of Westminster, and which
it was necessary and usual should be paid by the two
candidates who had been returned. An Act was
1 originally passed, by which the Members for counties
! were called upon to pay these charges ; and subse-
quently the provisions of that Act had been extended
to the City of Westminster ; and certainly it was very
reasonable that those persons who reaped the benefit
lot an election, should pay those expences which were
necessarily incurred in the prosecution of their object.
The duty of the Returning Officer was one not alone
extremely arduous and laborious, but was also very
expensive. He was obliged to keep twenty-six pall
clerks, to prepare proper poll books, to employ per-
sons to attend the hustings to keep the peace fifteen
days, or during such time as the election should last,
and to take such other measures as were likely to
prove conducive to the comfort and convenience of
' the candidates. It would be extremely hard, there-
fore, that he should, in addition to all these charges,
be obliged to bear also the burden olerecting hust-
ings, a burden •which, when the nature of the bust.
ings necessary to be erected at an election. for West-
minster was considered, was of no trifling nature.
The law of elections, however, had distinctly :peel.
tied that the candidate or candidates should pay this
charge, and therefore he was prepared to contend,
that Lord Cochrane and Sir F. Burdett, who were the
persons returned to Parliament, were. in this instance,
justly called upon to defray their equal portions of
' the charge stated in the declaration. There was a
great singularity in the City of Westminster ; and, in
point of purity and independence, it was like no other
place in the world. The Electors here were of the
most liberal character, for they held that the candi.
date for whom they voted should not be liable to any
• expence, but should be returned to Parliament inde-
pendent of all charge whatever. There was in law,
however, a maxim rather of a conclusive nature,
namely, ,e That he who was acting by a Committee,
or Agent, was, in truth, acting by himself." And, as
it was a well known fact, that Sir Francis Burdett
had a very active Committee, who went about soli-
citing and procuring for him votes, little doubt could
be entertained as to his liability to pay this bill. If
he was to ask any body of persons, who were the can-
didates for Westminster? he believed they would all
answer with one voice, Lord Cochrane and Sir F.
Burcht. But then, he supposed he would be told
that they ctid not bring one voter, and that conse-
quently they were not bound to pay the exposes Q.l

the election. And mere be mold not help observing
th'e astonishing and truly extraordinary purity with
which this election had been conducted. The Court
were, perhaps, aware that at the ceremony of taking
the oaths at the table of the House of Commons,
previous to a Member raking his seat, there was an
ancient custom by which he was called upon to pay
a fee of two sAillings—after which he visisAntroductil
to the Speaker, who congratulated him upon the ho.
nour which had been conferred upon him. Now. in
the case of Sir Francis Burdett, so tenacious were
his friends of returning him, in the fullest sense of
the word, free of activist, that they waited upon him
r the morning previous to his going to take his seat.
and gave him two 'wive petwes to pay this fee.
could not help regretting that this rule was nre: mare
generally practised ; for if it had, he should, in the
course of the present Sessions, have been four shillings
tie richer, as he had been twice elected—mice after
the dissolution of Parliament, and once since, on his
appointment to the office which he then had the ho.
flour to hold. The High Bailiff, on the present oc-
casion, had frequently applied to Sir Frantis Burdett
for payment of the expense which had teen incurred,
but had been unable to effect his o:ij..ct, upon the
ground that he (Sir Francis Burdett) had not been
a candidate for the situation in which he had been
placed, and hence the present action alose. Those
who were acquainted with the scenes ut riot and con-
fusion which usually attended a contested electioa
for Westminster, must be aware, that in the erection
of hustings, the greatest attention should be paid to
its solidity and strength; and as it had been gene.
rally understood that a contest, and a very warm
one, would have taken place at the late election, the
High Bailiff had taken evtry precantiou to he prepa.
red for such an event. la the end too, he had done
more than ever had been done Lenore; for, contrary
to the ordinary course, he had been, iron) the ntea.
sure; wllich be too 4 enabled to preserve every pit.
tide of that hustings, which, had it shared the fate
of those emceed on similar occasions in former days,
would have been torn to.pieces, and -claimed by Lk:
rabble as their part of the spoil ; and by this merito-
rious conduct he had considerably diminished the ex-
pense which would otherwise have fallen upon the
Members. After the election was over, he of course
prepared his bills, and delivered them to the respec-
tive candidates, but to his astonishment, qeither
would pay his demand ; he consequently had recourse
to law. fiord Cochrane suffered judgment to go by
default; and, however disposed to give battle, or to
fight in any way and in any place, he had thought
proper to submit, and paid the sem claimed. He
supposed, however, that the worthy Baronet, for
whom he entertained every personal respect, although
he differed front him in many respects, and more
particularly on a late occasion, when he and his No,
ble Colleague were rises:, intended to retire to the
last ditch. Having, he apprehended, driven him to
that extremity, he had no doubt he would he obliged?
by the verdict of the Jury and the judgment of the
Court, to surrender; and, in the confident anticipa-
tion of that event, he should conclude.
Witnesses were then called to support the case.
It was admitted, on the part of the plaintiff, that
Arthur Morris was High Bailiff of Westminster.
Mr. Witham, Clerk of the Journals of the House
of Commons, produced the test-roll, in which the
name of Sir Francis Burdett appeared, under the head
of the " City of Westminster,". as the Member for
that city. _ _ _

Mr. Took, the Depqty Bailiff', proved the creedal;
of .the hustings, the retaining of poll-clerks, and the
obtaining of books and the necessary stationery pre•
paratory to a contest. He had expected that there
would be a contest, as three or four Candidates
had proposed themselves in handbills—Sir Imes
Graham, Mr. Jennings, /cc.; but they wihdrew ott
the morning of the election. The same arrangements
were made fur the election as bad been made on for-
mer. occasions ; with this difference, that at the last
election successful precautions were taken to prevent
the mob from destroying the hustings after the termi-
nation of it.

Mr. BROUGHAM here stated, that if the defendant
were liable for any thing, he ghould not dispute the
quantum:.
Mr. BROUGHAM examined Mr. Took. 9. Were
you on the hustings at the time of the election ? Yes.
Pray did you see Sir F. Burdett there dining
any part of the time of the election t Ne.
Sir W. GARaow then said, that this was Ns case.
Mr. BROUGHAM then submitted to his Lordship,
that the plaintiff had failed to make oqt his cue, and
that he must, accordingly, be nonsuited. The plain-
tiff had not proved that Sir F. Burdett was a candi.
date ; something had been mentioned about candi-
dates by Mr. Took, but he had not given in evidence
chat Sir Francis was there as a candidate or in any
other character.
Lord ELtaxsototrott.-.r" Indeed I do net see that
the plaintiff can succeed; for though others may have
become candidates, there is no proof of Sir F.Burdeit
having been one. In the former action against the
present defendant, if I remember rightly, there WAS
some proof of agents baween one Pearson and Sir
Francis, thewn in applying for the asie of the hustiqgs.
That was the circumstance that fixed the fact of being
a candidate en Sir F. Burdett; bin in the present in-
stance we have no such evidence; and the Act says.
that the ell:tenses of the hustings, Sec. must be 4, horns
by the Candidate sr re:pettily Canettilater," and there-
fore it is necessary to prove that Sir F. Burdett was a
candidate. '

Sir WILLIAM GARItOW then ref:rred to the judg.
ment given by his Lordship in the case of Lord Coch-
rane, and contended that I' is Lordship there admitted,
that the fact of the Member having taken his seat,
was a proof of his having been a Candidate.
Mr. BROUGHAM submitted, that the case here al-
luded to had been decided, not upon the fact of th
Member having taken his seat, but upon the ground
that it had been proved be had employed an agent to
secure his election.

Lord ELLiNeoftovrot said, the question for consi-
deration was as to the meaning of the word Candi-
date," and whether the circumstance of R, Member
taking his seat in the House of Commons constituted
him a Candidate? He had no objection to save the
point. The present defendant had not been proved
as at all connected with the Committee, or with An
Agent.
Sir Witt.tast GARROW thougln there could be no
doubt as to the lair conclusion ; and then offered to
call Mr. Brookes, of the Strand, who was Chairman

eri ff'•combAtte, 1/446tatArplitittott the enem, to,
pr ye the connection. .
Mr. BROUOHAbi apprehended as tin matter wat to
be subthitted to farther argument, this course wouldrot be allowed. Had he supposed his Learned
Friend had not finished his case he Would have gone
to the jury.
Lord ELLENBOItOI.7OII said, he did not think it
would he correct to fiermit any other evidence to be
adduced.
Tile plaintiff was then 14on-suited ; and it was un-
derstood that the point should come on for argu-
ment, upon a motion to be made hereafter, to set
aside the Nein-suit.

LADY PERCEVAL.
THE KING V. MITIORIL
A bill of indictment having been found against the
defendant, for an alledged, charge of perjury, in affi-
davits which he swore respectingi a motion recently
made is the Court of King's relative to a matter
of Libel,
Mr. Pooczy, for the prosecution, moved, that the
usual process of the Court should issue against the
said Mr. Mitford, and that the said defendant should
give 48 hours notice of ball.—The Court granted the
motion.
CONSISTORY COURT, JULY 16.
WARING V. WARING.
This was a cause of divorce, or separation, pro-
moted by Mary Ann Waring, the wife, against James
Waring, Esq. her husband, by reason of cruelty and
adultery. It appeared from the libel, and other pro-
ceedings exhibited, that the marriage took place be-
tween the parties, on the 25th Oct. 1800, at the Parish
Church of St. Bartholomew, near the Exchange, with
the consent of the tether, the wife being at the time
under the age of 21 ; that the parties cohabited toge-
ther in Coram-street, till the 23d Jan. 1811, during
which period there was the hrth of five children, four
of which are still living, when Mrs. Waring quitted
her husband's house, and went to live with her father;
that soon after the marriage Mr. Waring began to treat
his wife with great cruelty, swearing at her at dinner-
time, and would often take the things off the table and
throw them under the grate, and also restrained her
from seeing her father without his knowledge. That
on the night of the 6th April, 1808, without any pro-
vocation, Mr. W. put himself into a great passion,
swore that she should go out of the house, beat her
head against the marble of thechimney-piece, where.
by the teeth of the comb in her hair were forced into
her bead, which caused it to bleed very much, and
that the wounds continued sore for a considerable
time afterwards. That on their going down to Sand-
gaze he took his female servant, Ann Powell, into the
carriage with him (with whom adultery is alledged
to have been committed), and refused his wife ad.
rrisiinn ; and that while at Sandgate he treated his
vote with great cruelty. That on their return from
sandgate to Coram-sweet, Mr. W. continued ill treat-
ing his wife ; and that on her miscarriage in 1810,
he compelled her to get up, having company to din-
ner, in consequence of which she became extremely
, That in January, 1811, he put himself into a
violent passion with his wife, dragged her by the arm,
threw her over the back of a chair, and afterwards
pushed her into a back parlour, and locked her therein.
That on the following morning she made her escape
to her father's house, where she has continued to re-
side ever since.
The defence set up was a general denial of theists
of amity on the part of Mr. Waring ; and further '
stated them to have been occasioned by her resist-
ance to his attempts to restrain her violence, when
any thing occurred to rouse her naturally irritable
disposition.
Sir Wet. Scotn was of opinion that this defence
was satisfactorily made out ; and that the provoca-
tion, in all the contests, was given by Mrs. Waring,
and the undue violence used priacipally by her, the
husband acting for the most part on the defensive.—
He therefore dismissed the prayer for a divorce.
NEIL V. NEIL.
This was a suit for a divorce promoted by Mary
Ann Neil, against her husband, Felix Neil, of
Prince's-street, Hanover-square, by reason of cruelty'
and adultery.
It appeared that the parties were married in June
1799, and had three children. The ill treatment cum.
plained of commenced in the year 1805, and consist-
ed of his depriving her of the management of the
house and giving it to servants, denying her food,
and encouraging them to insult her; frequently
swearing at her in the grossest and most opprobrious
language, and beating and otherwise ill-using her.—
Various acts of adultery, with different servants in
his house, were likewise spoken to by the witnesses.
No defence was offered, and
Sir WM. SCOTT, after recapitulating the evidence,
observed, it fully established a case of the most ag-
gravated cruelty and abandoned profligacy against
the husband, and he therefore v.-onounced for the
remedy which the wife prayed, with an allotment
(after having heard further evidence as to the hus-
band's property) of £e2oo per annum to the wife for
permanent alimony.
COURT OF KING'S ),INCH, DUBLIN, JULY 2.
Mr. O'CONNELL moved for a Rule to shew cause
why a Criminal Liformation should not be filed
against Rebete Neeilk, Esq. a Magistrate for the
County of Monaghan, and Captain of the Clones
Corps of Yeomanry i—This motion was founded on
ewe affidavits, stating the circumstances of a most
foul and unnatural murder, committed on a young
man of the name of Patrick M'Mahon, and it was
made on behalf of his wretched surviving father.—
The affidavits stated the murder to have been perpe-
trated on the 27th of May, at Clones, by two yeo-
men of Mr. Neville's corps, as principals, aided by
many otherl. The unoffending young man was
stabbed in the back with a bayonet, by one of Mr.
Neville's yeomen, named Rooney ; and when he fell
to rise no more, a second yeoman, Elliott, struck
him repeatedly on the face and on the head until he
expired h He was totally unarmed—had not even
the usual appendage to the dress of an Irish peasant,
a stick. He had given no other offence than that
Which ought to be none, his religion : he was a Ca-
tholic—his murderers were Orangemen. And this
inhuman and wanton cruelty was committed in the
open day, in the public street, and within a few
perches of Mr. Neville's door. It might have been
expected that a man in Mr. Neville's class of life
'would have a horror at the shedding of innocent
blood-that be would have used some exertions to
bring those atrocious criminals to justice ; but no—it

f •
was MOM that be himself belonged to tfiranocia-
..ion of which the murderers naturally enough were
meribers. It was sworn that his corps was consti-
tuted of members of that association' whilst an en-'
larged policy would have furnished three times
,the
number of loyal yeomen in that vicinity. It was
sworn that the murderers were at large, glorying
probably in their crime—certainly intending to re-
peat it upon some other innotent and. unarmed vic-
tim. It was sworn, that immediately after the mur-
der, an application Was made by the near friends of
the deceased, at Mr. Neville': house, to have infor-
mation taken, but no admittance could be procured.
An hour afterwards, a second application was made,
but admittance was again denied. During all this
period, it was sworn that the murderers might have
easily been taken, if Mr. Neville had condescended
to admit the witnesses, and granted his warrant; and
when at length he took information, he did issue a
warrant, but not for a capital felony—merely for a
misdemeanour. Upon the next morning it was dis-
covered where the assassins lay ; and as there was a
party of the Leitrim Militia and an officer of that re-
giment in the town (a party which had conducted it-
self with the greatest propriety) Mr. Neville was ap-
plied to for an order to warrant the officer of the
Leitrim to send a party to arrest the murderers. It
was sworn that their arrest cduld not be effectuated
without a party of the army, as the assassins were
armed, and prepared to resist—and the friends of the
deceased were all unprovided with arms. Mr. Ne-
ville was applied to for this warrant, but he posi-
tively, peremptorily, and contumaciously refused.—
The consequence of this neglect was, that the offen-
ders have escaped. They might have been arrested
the day of the murder, if Mr. Neville had done his
duty—they could have been arrested the next day, if
Mr. Neville had done his duty ; but he refused, and
the murderers remained at large, nay, they continued
out in arms—they continued bearing the arms of his
Majesty, with which they had been entrusted for the
protection of the'peace. From the day of the mur-
der to the present, Mr. Neville had never called in
their arms, er deprived them of the means of protec-
tion against the laws; and thus it appeared that in-
demnity and protection were held out to assassins
and murderers—insolence and murder to the wretched
peasantry of that country.
The Court without hesitation granted the Rule.

THE EVENING STAR.

LONDON.

SATURDAY, JULY 17, 1813.
PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK.
Red. 55{ 57—Cons. 56k—for ace. Sq—Hoods 3a. pr.
4 per Cc. 72/-5 per Ct. 86if —Omnsunt SIM pr.
Bank 14. Anna. 14 3-16des i—Ezeis. Bills Ss. 28.

Corunpa Papers to the 7th July arrived this morn.
ins, brought by a sloop of war to Falmouth. They
bring no intelligence from heart-quarters later than
the 25th, and if we are to believe their statements,
the loss of the French at the battle of Vittoria was
5000 killed, 7000 wounded, and 7000 prisopers were
taken on the field of battle. Subsequently the num.
ber of the latter is said to have exceeded 15,000-
The affair of Tarragona was known at Corunna, and
it was added that the expedition had prcceeded up
the Mediterranean to Barcelona, there to make ano-
ther diversion.

The Corunna Papers state, that in the interval
from the 24th, (the date of the last dispatches from
the head-quarters of the Allied Army,) the siege of
Pamplona had been prosecuted with vigour and con-
siderable effect; that Lord Wautaoron was march-
ing towards France, on the road leading to the Pass
across the Pyrennees, to Bayonne ; and that the deli.
verance of the Peninsula from the tyranny of France,
was an event looked forward to with much confi-
dence before the.close of the present campaign.

a. MADRID, JUNE 26.

ge In consecoence of the glorious victory of the
21st, this city has been illuminated for three nights.
Te Thum was daunted in Santa Maria Chu•rch."

" BURGOS, JUNZ 97.

/4 In addition to the intelligence relative to the late
victory, we know that the enemy had 5000 men killed
in the field of battle, and 7000 prisoners. The num •
ber of the latter, there is reason for believing, exceeds
13,000 men—the pieces of artillery taken amount to
151, 41 carriages, 41,000,000 of reals coming from
France for the payment of the array, 300 ammunition
chests, with 3,000,000 of cartridges, fell into our
power. Pamplona is besieged, and Lord Wellington
marching towards France.
al The Gallician army is to be in Inns to-day."
" CORUNNA, JULY 4.

Besides the intelligence we communicated yester-
day, which arrived from Castille, we have since been
told the following as certain: On the 25th June,
General Graham was in Tolosa, and General Giron,
with his army, more to the left towards Irun. The
remains of the French army, which endeavoured to
escape by Brun, retroceded to the right, believing it
impossible to march that way." _ _ _

64 JULY s.—The appearance of the Peninsula of-
fers the most favourable aspect to the cause of Eu-
rope. Lord Wellington's head-quarters were on the
25th at Yruzzen, four leagues from Pamplona.
66 A corps under General Graham was in pursuit
of the French, who took the direction of Irun. On
the same day, the .brilliant army of reserve, under
Conde de Bisbal, marched through Burgos.
“ We are assured that Joseph has with him 20,000
men, and that Lord Wellington is pursuing him in
such a manner through Navarre, that his destruction
is inevitable. Troops of the three nations are march-
ing to Arragon in search of Suchet, who, it is sup-
posed, would retire there. The castle of Pancorvo
has a Frencllgarrison of 800 men.
" JULY 6.—The Mail from Castile bas just wind.

the only news it brings is, that the combined army,i
which had disembarked at Tarragona, has again
embarked, 'with an intention of effecting a landing
higher up the Mediterranean, and taking Barcelona
and the other French garrisons in the rear. Suchet is
said to have advanced to Tarragona, with twenty-
roar thousand men."

••=.=•••

Notwithstanding the statements in the Corunna
Papers, we have reason to believe that the accounts
received by Government do not make the dumber of
prisoners taken at the battle of Vittoria to amount
to nearly so many as stated by the Spaniards.

Though the brilliant ♦ictory of the 21st renders
all previous details comparatively tutinteresting, we
are persuaded that many of our Readers will be
gratified by the following extract of a letter from
an Artillery Officer, written the day before that splen-
did battle :

a BURGOS, JUNE to.
The affair in this neighbourhood was a ♦ery fine
one : the enemy had taken possession of a strong po-
sition, but on the approach of two of our divisions,
the 2d and light, they one and all, upwards of 10,000,
took to their heels and ran most manfully for full ten

miles : at length they got jumbled together, cavalry,
infantry, and artillery—horses and guns running over
each other. When our Hussars came up, they had
in some measure disentangled themselves; we made

some prisoners, and killed about 100 of them in their

flight. They ran into Burgos, spread termr and
dismay there and in the army of Joseph, who took
up a strong position in the rear of Burgos on the
great road to the Ebro.
41 A consultation of the Generals was afterwards
held, and, to our great surprise; on the following
morning they blew up the castle, with an intention of'
destroying it, and all the strong works which they had
been constructing with so much labour and expense
since our unsuccessfUl siege, and distressing retreat in
November last. Their Engineers were very preci-
pitate and most inscientific ; for, on blowing up the
old castle they destroyed nothing but it, leaving the
strong field and out-works so uninjured, that we can
very speedily, and at no expense, complete them. It
is said, that Sir RICHARD Fixrcnait has already com-
menced this work. The blowing-np was so hastily
and badly done, that they buried, it is said, 2 or say

of their men in the ruins. This business has been a
matter of congratulation to the whole Army : Burgos,
it is understood, cost Lord Wieu.marox last year
5000 men; and, so much strengthened as it had been,
he must at least have lost as many this year, if they
had persevered in defending it.
46 As you will observe, by comparing the Marquis's
dispatches with the map, Ids movements from the
opening of the campaign have been most masterly ;
and though the enemy was prepared for our advance,
the movements have constantly taken them by sur-

prise, and put all their calculations at' defiance.—
When his Lordship advanced by the great road and
attacked them at Burgos, they little expected that
another army was at the same moment crossing the
Douro turning their right. When we again had
crossed the Ebro, and had again turned their right,
they remained in a position on the other side of the
river, expecting us on the great road to Miranda ;
their precipitate retreat along the bridge there, and at
Trias, spewed how much we had surprised them, aid
put them into consternation.
" When our officers went into Burgos Castle in the
morning, they found the wheelbarrows and all the
working tools which the men had been using the
night before. Since the 18th it has been a complete
chace of the French—on that day our light division

fal in with a strong division of them accidentally.
Baron Alten immediately put himself at the head,
and attacked the centre of their line, breaking and
separating it. The rifle cows captured nearly the
whole of the baggage of the division, and besides SO
thousand dollars, have got pictures, plate and valua-
bles, of which the French had plundered the country.
44 The German Hussars and 14th Light Dragoons
hung on their rear and harassed them much, taking
the whole of their Doctors and several Officers, who
are loaded with plunder.
64 The Earl of March had a very narrow escape :
in pursuing with the Hussars, he got among the rear
of the enemy ; an Officer attacked him, and levelled
a tremendous blow with his sabre ; he avoided it, by
dexterously throwing himself back on the saddle; it
fell on the horse's neck, and cut him severely : an
English Dragoon, in the mean time, cut down the

Frenchman.
“ The Prince of Orange, in the pursuit, had like-
wise an escape. A French dragoon fired his piece,
but fortunately missed bis Highness. The French-
man was instantly dispatched. The escape delighted
every one, for this gallant Prince is the idol of the
army. He is quite an Englishman in his manners,
and by his gallantry and amiable temper, has en-
deared himself to the soldiery.
4$ The French have now about 50,000 men con-
centrated at Vittoria; and Marshal Suchet, with the
army of Catalonia, as well as that of Arragon, is
advancing by rapid strides to join them. It is pro-
bable that the French will endeavour to retreat by
Navarre, in hopes of meeting Suchet. It is said that
Sir John Murray has embarked at Alicant with his
army, to land them so as to join Lord Wellington,
which will make the force under the Marquis consi.
durably more than 100,000 men.".