Star.
London, England, 1802-07-15 00:00:00

very arongly to the mercy of the Court. Mr. Sri-
vtatiAt ailed whether Mr. Gobbet joined in the
recommend:it ion ? Mr. Cohbet anfwered, "Cr R•
EOT, SIR; I SOME HERE FOR JUSTICE, NOT
FOR NTERCY _ _ _

...
Beloe altd Mr. Wagflaff are both clerks in
the Foreign Poil Office, I►lr. lleloe is the fon of a
Clergyman, and Mr. Harwood the fon of a de-
c e tfed Clergyman. Mr. Wagliaff's parentage is
equally rctpalable.

COURT OF KING'S BENCH, JULY ts.
mosTrßivnr r V. ELMS.

This was an anion to recover the Sum of scl.
!icing the arrear of an annuity which the Defen-
dant had agreed to fettle upon the Plaintiff.
Mr. Gee anw (Loc.!, that although the cpieltion
in this cattle was a eery ample one, depending on
a plain ample entrant, yet there was time re-
markable circumitances belonging to it which
would render it neceffiry for him to so a little
mere at length than was ufual in *lions of a timi-
lar kind. The parties were already known in that
Court ; the Plaintiff had been, come time ago, a
witnefs at Guildhall in an anion in which the De-
fendant was concerned. She was a widow lady,
who had been married at a very early age, and
miijit have lived comfortably on the property left
her, had the not molt unfortunately got acquaint-
cd with the Defendant. This Defendant had repre-
fented himfelf as a man acquainted with fame of
the firs people in the country. He bodied of hay-,
ing been a Ichnoldellow with Mr. Erskine ; of,
being particularly intimate with the Earl of Roll.- ;
lyn ; of having great intcrelt with Sir John Lade, i
and being hand and glove with Commiflioner
Bates. As to the firft affertion, the Learned Coun-
fel I ir the defendant would inform the Jury whe-
ther
it was true or not? the faCt was, that fo far
from having been his fehoolfellow, he had been
brought up at a honfe of induilry in the town of
Northampton. His intimacy with the Noble Earl
who lately prcfided in the Court of Chancery,
was that of standing behind his chair and waiting
upon him as a menial fervant, in which capacity
he had lived with him. The great intereft he had
with Sir John Lade confined in the care he ufed
to take. of that worthy Baronet's game-cocks,
for he was employed as his cock-feeder and cock-
fighter ; and with regard to his familiarity with
Commiflioner Bates, it was no more than his hav-
ing obtained from him the place of a Tide-waiter.
After all thefe different characters in which the
Defendant appeared, he was now a Dentist and a
feller of tooth powder, by which trade he was
making an income of t poi. a year. On his firft
meeting Mrs. Montprivatt he reprefented hinafclf as
a man of confequence and of property; he appear.
ed to keep his.horfes and his Groom, and lived in
great flik. He made her propofals of marriage,
to which, unfortunately, the paid too much atten-
tion ; and the marriage ceremony was performed
by a Roman Catholic Prieft. He declared, how-
ever, that a fecond celebration Should take place
according to the forms of the Church of England;
he fixed upon a day forthat purple, and they were
aanally proceeding to the church of Hendon, in
Misldlefex, to be married a fecond time, when all
on a fuuden he atreCted a very deep melancholy,
and on being alked the caufe of it by the Lady, he
told her he had given a bond to a young Lady
who then refided in Dublin, by which he bound
hinafelf down in the penalty of 6001. not to marry
any body elfe. He begged, therefore, that the ce•
remnny of marriage mien be waived for that time.
He then took up a Bible, dropped on his knees be-
fore her, and (wore upon the Bible that no perfon
Inn She Ihould be his wife. After they returned to
town the Defendant gave every body to underftand
that tke ceremony had actually taken place. A few
days before, he had been talking of a vifit he in-
tended to pay. to the widow of the Dean of Brif:
tol, to whom he meant to introduce his wife ;
but now the vifit was deferred, for a merrage came
that that Lady had been taken fuddenly ill; one
of his horfes betides had got a hurt in his foot.—
All this was a prelt?de to his obtaittingfome.money,
for although he was remarkably fond of women,
lie was ftill fonder of their property. He induced
the unfortunate plaintiff to give him acol. In the
mean time the received a letter, informing her that
this man was a mere impoilor, and that he had,
at that very time, three wives living. This infor-
mation threw her into a violent fit of illnefs ; and
while the was in that Rate, the defendant went to
her bed-fide, took up a-Bible, dropt on his knees,
and again Iwore fidelity to her ; but at the fame
time conferred he was a man without any property
whatever, that his groom was only a waiter out of
place, and that all the Show be had made in other
rcfpeas was fictitious. He in his turn fell ill, was
confined to his bed, where he continued two days
without eating ; or, at lead, he pretended not to
eat any thing—perhaps he bad vietuals concealed
under the bed. When he got up he we .t away fad-
denly, and wrote a letter to the plaintiff, inform.
ing her that he was in abfolute want, and tiled Such
perfuafions as induced her to go and live with him
again. He then got all the money he could from
her, and fpent about t tool. of her property. Be-
des wh ch he obtained from her a recei pt for making
Tooth-powder, by the file of which he now made
15001. a-year. Meanwhile he became tired of, and
withed to get rid of her. He tiled frequently to beat
her; and at length told her he would fettle an an-
nuity of 1501.4-year upon her if the would go away
from him. He told her atthe fame time,he wasmar-
r ied to the Lady in Dublin whom he fpoke of before.
He had alto (taid Mr. Garrow) been married to a
refpeaable young Lady, by whom he had children,
that were now Supported by the brother of that
Lady. He afterwards married a widow Lady,
"whole property (laid Mr. Garrow, ) I have for-
tunately been the means of preferving from deftruc-
tion." The Defendant at laft figned the annuity
deed, by which he fettled an annuity of tool. and
not isol. on the Plaintiff, the payment of which he
now flopped. He concluded with expreffing his
regret, that the Jury were unable to intlid that ex•
emplary punithntent on the Defendant, which his
actions defcrved, and that they could do no more
than compel him to pay the debt due to the Plaintiff.
GA • ai.f:**-31led /111 wirnefret tILPVVe any

diately..to the prefent a.Rion ; the figning of the •
annuity was proved. A frvant girl who lived
with the parties two years and four months, and
who fignal the deed, hid, that they always appear-
ed as man and wife, and the knew nothing to the
contrary until the feparation to(.k place.- After
the Plaintiff went away Mr. Elms ille.!.often to
fend this girl to mined fhc would come to him to
prepare the Tooth-powder ; and on there occafi,ns
the tiled to flay and live with him for a wee!: at a
time; and when the was abort to go away, lie tiled
to flop her at the door, and make her come back
:wain. He tiled at times to be very AfMionate
• .
to her. The witnefs heard the Plaintiff fay ;:t the
time the agreement for the annuity was signed,
that the Plaintiff was giving her but a small m-
utt n for all her property and goods which he took :
on which the Defendant replied, it was as much
as he could jult then afford. It was proved
that when a perfon came to demand the lad halt'
year's payment of the annuity, the defendant made
:anfwer, " I have nothing to do with you, fend
your attorney."
Mr. fast:: NIS for the defendant, began by com-
plaining of the difgracefill rondtia of the plain-
tiff's Attorney, in putting into the hand of his
Learned Friend, a thing which he called a Inief,
and from which his Learned Friend had jail read
one of the fouleft and moll fcandalous libels that
ever was publillted againft the character of an
; nothing could be more uniult or dif-
graceful titan for an Aunt ney to convert a civil
demand into an attack, againft which the indivi-
dual dual was unable to defend hintfell. If it was in
his (Mr. Erfkine's) power to contz adiet every one
of the fads mentioned by his Learnest Friend, the •
lutes of the Court-mall precjude him from fo do-
ing. Not one of thofe ttatements were proved by
evidence ; and when they thould all go forth into
the world on the following day, how deeply mull
the character of his client be injured in the eyes of
the public, when Inch a heavy charge was to ap-
pear againft him, and remain unoontradided !
It was high time for Courts of Juftice to put a flop
to this fpecies of abufe. Was it to be taleretcd
that, in an action for recovering the arrear of •an
annuity, the whole of a man's part life, and thole
things which if true ought to be buried in oblivion,
flould be raked up for no other purpole than that
of holding him up to public infamy ? . Mr. Erfkine
then took an abjection to the annuity deed, on the
ground of its not having been regiftered purfuant
to the Itatute. lie alto laid the Defendant had no
objection to allow this woman a maintenance, but
he mutt firft have afecurityagainli any debts which
the had contra led, and ltiil might contrail in his
name.

Lord lit LIWEOROUGH :liked Mr. GARROW what
anfwcr he had to make to Mr. F.a s Kix E'S objedlicn?
Mr. GAKKOW laid, the aft only required that an-
nuities granted in confideration of valuable pro-
perty, lhould be regiliered ; but this was a volun-
tary annuity granted principally in confideration
of paft fervices; and alio for time goods belonging
to the Plaintiff which the Defendant made ufe of.
Mr. ERSKINE refumed. He faid he would leave
it to the Jury to decide whether this contra& was
not made in confideration of the woman coming
back again, as it appeared the did; and living with
him for a week at a time, as well as for pail fer-
vices ? and if it was fo the law could not fanaion
any thing fo illicit or immoral.
Lord ELLaNnoloucH obferved, that this annu-
ity was partly given for a valuable confideration,
and partly for pail fervices; he was therefore in-
clined to think that it ought to have been regifler-
ed. He would dire a nonfuit to In entered againft
the Plaintiff, fubjed to the opinion of the Court.
He alfo defired the Jury to find whether the annu-
ity was given in confideration of what was pall ;
or whether it was in confideration of the cohabi-
tation between the Plaintiff and the Defendant
being continued ? In the latter cafe the annuity
was void, but the law permitted a man to give to
a woman with whom he had cohabited, a coin•
penfation for the injuries the might have fulFered
through him. His Lordfhip at the fame time, al-
luding to • the ftatement of Mr. CARLOW, laid he
had allowed him to go on, but he mull then fay
that as it formed noh)art of the cafe, it was highly
improper to have made it.
The Jury found that the annuity was granted
for pall fervices, and gave a verdia for the Plain-
tiff, fubjed to the opinion of the Court.

From the very extraordinary great Sale of
Tickets and Shares HORNSBY and Co. have al-
ready met with in the Englilh Lottery, containing
only 24,000 Tickets, they earneftly intreat their
numerous friends and the public by no means to
delay purchasing, as there is the greatell probabi•
lity the whole of the Tickets will be difpored of
before the Wheel goes round.—Hoessay and Co.
made the fame obfervation to their friends re-
fpeeing the Pigot Diamond Ticket (which*they
fold), and it fo fell out, that on the morning of
drawing there was not a Ticket to be got at any
price.
CAUTION TO LOTTIRY•CLURS.—The caufe that
came on before Lord ELLENBOROUOI4, at Well.
mintier, on Saturday laft, wherein one Pricket, a
Taylor, was Plaintiff, and J. Smith, who keeps
the Filhing•fmack public•houfe, at Deptford, wat
Defendant—lt appeared that a Club was held
at Smith's houfe, conning of so Members, the
Plaintiff was one of them, but bad not paid up his
fubfcription in full, but it was faid that the Land-
lord had agreed t• anfwer for him. One of the
Shares that had been purchafed at Mr. ignitor--
sores Office, was drawn a prize of so,oool. in the
lag Englilh Lottery, and Smith received of Mr.
hlicuoi.som the amount thereof as foon as it was
drawn. The queffion therefore was, whether
Pricket thould be confidered a Member dale Club,
which was the caufe of the,prefent action? The ar-
ticles of the• club being called for, and not being
ffampt purfuant to Ad of Parliament, the Plaintiff
was nonfuited. It therefore behoves all Clubs,
whofe fubfcriptions amount to aol. and upwards,
to have their articles ttaropt, and that every M ;m-
-ber (horrid pay up his Mi. ription hclorc the Lot.
tery begins drawing. It is no lefs remarkable than
true, that Mr. NicHozson's Office is the only one
- -