Star.
London, England, 1802-05-05 00:00:00

NifUTIC.IL INTELLIGENCE.

TORBAY, MAY 3.

SalledtheßAßtLlOß, LONDON, RANILLItII, and hitsts
TABLE, men of war; MAOICIINE and Saws frigttcs, for
Porttmouth.

PORTSMOUTH, MAY 4.
ArriiedtheStuna,of36guns,Cart.KlNG; tta A ; and
MAGIC:EVYZ, of 32 guu, Cartain Onit.vv, from Taft). ;
Ccnfor, Starling, and Bold gnn-veffele from the Eaftward,...
CUM id harbour to be paid off and Shipped, the CA NAD A, Of
74 guns. A ITlVeti Riffel7l2ll. MONDA ir, and PoIIy,DATMAN,
from London.-4ailled the Good Intent, STA rro ta, for Llf-
_

hon. The trig Apollo, of Gofport, is gone to the Motherbank
to receive (Dune kitty men from the John tranfport lying under
cituranthe there. A detachment of Marines touched in here
fr,m Chatham, and embarked on board icifels for Plymouth.
The Iklitsetsstrs was paid off this day. Two or thtee Hoops
have arrived full of tlifcharred failors from the Weftwatd. The
wind being fomewh at wefterly, feveral 'ads, which were lately
tratfports, will fall te-Inorrow foe the Eaftward.

FROM LLOYD'. LIST.

ORAVESI7IIIS, 4,—SirOrd the Martha, Foasrtai for
t'ettriborgh ; William and Mary, THOMPSON, for Bremen;
Friends, :bar, for Ci:ir.,ltar ; Trois Amis, —, for Calais;
Felicitas, Be Di Havre; Snelbume, —, for Minorca;
Clio, Cot/PLAN:), tnr Martiniqee ; Strangcr, PLAICE, for
Jamaica; Venus, JA Nutt, for Amßadam; Richard, —,
for Calais; lunge }kirk, KRANS, for St. Vallcry; and Vrow
Ann., Buss, fur Dit.Tpc.

Captain Ova 'from is appointed to the LtANDER,
in which fhip Sir ANDLEw MITCHELL intends tak-
inis his pafrage to Halifax.
l'he MoNam floop of war arrived on the 28th
of February at Malta from Egypt, brought intel-
ligence to that Mane!, that hankies between the
1 tirks and Mamelucks were carrying on with great
animofity. Much blood had been flied on both
fides; and Admiral BICKERTON was preparing to
fail for Egypt in the MADRAS, of g 4 guns, in order
to effect, if Fable, an accommodation between
the parties.

The Wi.tzta brig, had jull arrived with dif-
patches from Plymouth. Her Surgeon, Mr. Et-
PHIS sroms, died fuddenly on her arrival at La
VAlLtta.

Captain BUCHANAN, of the HASILLEI4, of 64
huns, died at Malta, and was buried with military
onours near the tomb of the galLantAssacaost BY.

A fon of Lord Da la nuasv was loft amidft the
crowd on Thurfday night during the illumination,
and the family were in great alarm for many hours.
Lady GER Tel/UR..VILLIERS, daughter of the
late Earl of Goarkinsoo, is about to be led to the
Hymeneal Altar by Lord HENRY STUART, fourth
fon of the Marquis of BUTE.
Madame Mott a au, the lady of the celebrated
General, received a ftroke on the breaft from a
foldier, in attempting to get into Notre Dame, on
the day of the fete. She had lately been brought
to bcd, and was nurfing her infant ; her life was•
for fume time in danger, hut the is now better.
The Opera of Algonah was repeated fait night
at Di ury•lane Theatre, with feveral judicious al-
terations, and went off with great fixed's. •
Nltysairn had, as ufual, a crowded and fplendid
audience at his benefit 'aft night at Covent Garden.
The Nlalquerade given on Monday evening at
the Pantheon, in honour of the Peace, was nu-
meroully attended ; and though the charaders
were rather few, the motley Irene was merry and
diverting.
Nothing can canal the beautiful fcenery and de.
coraticns of Cysts's New Pantomime at the Royal
Circus, called fle kwhanted Harp—The Millie is
alio dclii;litful, and the Story highly entertaining.
—This beautiful Piece, with the grand Spedacle
of P.:nal‘h a.:d Rinatini, and the aftonifhing feats
et I lorcemanfnip by young SAUNDERS, bring
crowded audiatccs every night.
Yclierday the five perfons taken up on Thurfday
night lafi, for riolnutly affenibling about Mr. Col)-
, bett's houfc, in Pall Mall, and breaking the win-
-1 dows, were brought up for re-examination at Bow-
I :lrect, when the offence amounting to nothing
more than a mifilemeanor, the defendants were ad-
mit tcd to bail, to aafwer the complaint at the next
Itliddlefex Selllons.

LAM INTELLIGENCE.

CRIM CON.
SHE:Mfrs COURT, LONDON, MAY 4.

BS. FORE THE SHERIFF OF MIDDLESEX AND A SFECIAL
REV.MR. MANNHAM V. FAWCETT.

This was an action for crimiaal converfation with
the Plaintiff's wife. The damages were laid at
io,ocol. The Defendant had fuffered judgment
by default, and the Jury were impannelled to eels
the damages.
Mr. ERSKINE,in opening the unfortunate hiftory
"f this cafe to the Jury, Rated, that the Plaintiff,
the Rev. George Markham, was the third fon of
his Grace the Archbilhop of York. In the year
1789 he married his prefent wife, Mifs Sutton, the
daughter of Sir Richard Sutton,Bart. of Norwood,
in Yorkfhire, a Lady of great beauty and accom-
plifhments, moD virtuoufly educated; and who,
hut for the crime in which the Defendant had in
volved her, would have been the happieft, as fhe
was the molt beautiful of her fex. '1 he Plaintiff
was a man who dedicated himfelf to the duties of
his (acted profeffion, and upon retiring to the
Living to which he had been prefented, his prin-1
cipal obje& in the arrangement of his family and
domeftic concerns was to lay the foundation of an
innocent, peaceful, and happy life. It was a moft
affeCting ctrcumftance in the hiftory of this cafe,
that the Plaintiff and Defendant had been bred up
together from their infancy : they had received
their early impreffions at Weltminfter School, where
they were companions and play-mates. They were
afterwards fellow ftudents at thrift Church, Ox-
ford, and there cemented the friendfhip formed in
their infancy. After they had left College, and
the Plaintiff had retired with his wife and family
to his living in Yorkthire, the Defendant unhap-
pily came into the fame neighbourhood to reticle.
The Plaintiff looked upon him as a brother, and
admitted him into his family as fuch ' • he intro-
duced him to the Lord Lieutenant of the county,
recommended him to every perfon of refpettability,
and behaved towards him with that real fi iendfhip
and affection which rendered the return the Defen-
dant had made bare and wicked in the extreme.
The whole happinefs of the Plaintiff was centered
in the bofom of his family, and as a father, an huf-
band, and a member of his profeffion, he was ir-
reproachable. No fufpicions were excited by any
part of the behaviour of the Defendant, Mr. Faw-
cett ; and dreadful it was to hate, that the crimi-
nal intercourfe excited five years antecedent to its
difcovery, and that at the period of the difcovery,
Mrs. Markham had become the mother of nine
children, (even girls and two boys. The Plaintiff
was thus not only deprived of his conjugal felicity,
but was placed in a fitu3tion with regard to his
children, ton horrible to defcribe. The Learned
Connfel having proceeded to enlarge upon the in-
jury fuftained by the Plaintiff, concluded a fpcech,
which may be truly defcribed as the moll eloquent
he has ever delivered upon a fimilar fubjea, by an
appeal to the Jury for damages to the full extent
of the fum laid in the declaration.

The Adultery having been admitted by the De-
fendant's fuffering judgment by default, there was
no evidence to that point.
His Grace the Archbifhop of York, the Bilhop
of Norwich, Captain Markham, one of the Lords
of the Admiralty ; Sir Wm. Foulis, and feveral
other witneffes depofed to the happy and affec•
tionate manner in which Mr. and Mrs. Markham
lived together before the became the viitim of the
Defendant's feduClive arts. They fpoke of her as
a Lady whofe mind had been formed on the prin-
ciples of virtue, whofe demeanour was marked
even by an excefs of modeft timidity and referve,
and whofe whole time was apparently occupied in
fulfilling the duties of a mother and a wife. She
vilited but feldom, and delighted to pars her time
with her children. The witneffes all expreffed
themfelves fatisfied that no conduit on the part of
Mr. Markham, with regard to his wife, had merit-
ed this heavy afilietion the had brought upon him.
Mrs. Elizabeth Boys, who had been the houfe-
keeper and lady's maid in the Plaintiff's family,
(aid the always confidered the Plaintiff as a good,
kind, and affeCtionate huffiand. She went to retitle
in the Plaintiff's family in t 795, and quitted it in
1798, in confequence of fufpicions the entertained
of her miarefs's infidelity, but which fhe had no
affurance of upon fufficient grounds to juftify her
difturbing the peace of the Family by communicat-
ing them to the Plaintiff. She had endeavoured
to dircover whether her fufpicions were true, by
laying ftones in the window by which fhe thought
the Defendant entered her millrefs's room, but fhe
found them in the fame place. She was well per.
fuaded the Plaintiff had no idea of his wife having
a criminal attachment to the Defendant. _

Mr. Serjeant Bair addreffed the Jury on the part
of the Defendant. The topics he principally urged
were, that however the Jury might lament the in-
jury the Plaintiff had fullained, they were bound,
in eßimating the damages, to confider what would
be a fair compenfation to him, and to what extent
the Defendant was able to fatisfy them. By giving
exceilive damages they would be delivering over
the Defendant to the vindidive refentment of the
man whom he had made his enemy, and who
would doom him to imprifonment to the lag hour
of his life. It was not confonant to the Law of
England to make a civil anion the medium of in
Aiding a criminal punilliment • yet fuch would be
the cafe by giving damages which the Defendant
would be unable to pay. He mug either remain
an exile in a foreign land, or return with the pro-
fped of perpetual imprifonment. The Learned
Serjeant inferred that the Defendant had been corn.
pelled by his pecuniary embarraffments to fell his ,
etlate, and he palliated his offence by afcribing it
to the excels of his paffions, heated by his conftant
intercourfe with a lovely and beautiful woman.—
He admitted be had abed wrong, but he hoped
Vie Jury in puniihing him, would temper their juf-
tice with mercy.
Mr. &lac HALL, the Under Sheriff, recapitulated
the evidence, and the Jury having retired near an
hour, returned with a verdid for the Plaintiff--
Damages Seven Thoufand Pounds!
This enquiry commenced about fix in the even-
ing, and the Jury did not deliver their venlid till
twelve at night..

COURT.OFMNG'S TIENCH, MAY z.
DISSOLUTION OF RAC FAIR.

THE KING V. 81011TH ANDOTHERS.-._Mr. GI/1111
11,11 ed that this was an indiElmenr ap aiatl the de-
fendant and eight other perfons for alrembling and
railing a nuifance in a place called Sparrow Cor-
ner, but which, in modern times, had been ho-
noured with the appellation of Rag Fair. hoar
of the defendants had pleaded not guilty, and the
remaining five had pleaded that Sparrow Corner
was parcel of the King's highway, in which, from
time immemorial, there had exi fled a right to hold
a daily fair or market. That this place was al
null:ince, and a molt intolerable one, no perfon
who had everfeen, oreverlicat d of it, could poffibly
entertain a doubt. There, from the hours of 12 in
the forenoon, till (even in the afternoon, Jews and
Chrittians met together in numbers countlefs as
leaves on trees, or (warms of bees in bee-hives—
their bufinefs was to fell all forts of articles, old
cloaths, old hats, old wigs, broken earthenware,
rags, Peale pudding, pork pies, faloop, &c. The
crowd was fo great, that for feveral hours every
day the inhabitants found it utterly impoffible to
have accefs to their houfes by their front doors.--
When they made the attempt they were fcoldcd as
intruders, and defired to find another way home.
This place, in which a prefcription to hold a fair
was let up, was jolt within the verge of the City,
and was bounded by Rofemary-lane. It was in-
cumbent on the defendants to thew that a fair had
been antiently held on this fpot—he timid pro.
duce witneffes who would prove, that about 25
years ago the mob of peripatetic merchants who
now reforted to Sparrow Corner, met in Cable.
flreet, which was beyond Rofemary-lane, and a
quarter of a mile from the place in queltion.—
They were routed from that place by the inhabi-
tants, after which they were dilperfed and Ratter-
ed upon the face of the world like their Jewish fore.
fathers—fome journied call, fome well, and others
remained as near the former emporium of their
commerce as they poffibly could. They firlt ob-
tained a footing in Rofemary-lane, where they
formed themfelves into difliru tribes or branches,
denominated the Itofemary-branch, Pyeman's.
branch, &c. In time they got to Sparrow Corner,
and now the nuifance had increafed in inch a de-
grce,that the inhabitants could no longer endure it.
Lord ELLENBOROUGH obferved, that upon the
fiatement of the Learned Counfel, it was clear the
four defendants who had pleaded not guilty, were
entitled to an acquittal ; for if this fair had trifled
twenty years, and the defendants had reforted to
it in common with others, they could not be made
amenable upon a criminal profecution, for doing
that which for any thing that appeared to them
to the contrary they had a right to do. No man
could be indided for doing what had been openly
pradifed for twenty years ; at the fame time if it
fhould appear that there was no grant of a mar-
ket, or no prefcriptive right to hold one, it was a
nuifance which ought to be abated. He law no
reafon why the profecittors, inficad of proceeding
upon indidment, might not have reforted to the
anticnt Writ of quo!! pi-milled pr,:firrnart.
The witneffes for the profecution were then call.
ed. They confided of old men who had known
the (pot for near fixty years. They proved that
formerly there was no fair at Sparrow Corner,
but that it was kept in Cable-ftreet. One of the
witneffcs gave a very facetious account of the eh--
cutnflance which occalioned the difperfion of the
merchants. He Paid there was a
_lattice Pell,
whole houfe was oppofite the place where the mar-
ket was held, and the crowds who affcmbled there
ufed to obftrud tee entrance to his honfe. It hap-
pened he erpeded a visit one day from his tilterand
another lady, and obferving they found fome dif-
ficulty in getting through the crowd, he very
gallantly went out to hand them along. Unfor-
tunately for him, he was dreffed in the pink of the
fathion of the day, with long hanging fleeces. The
I frael itestook the unwarrantable 1 iberty of qui z zing
him, and before he returned to his own door, the
Neves and the fkirts of his coat had been' atm n
completely off. Exafperated at this, he went pell-
mell to work—itfued warrants, apprehended the
ringleaders, and obliged all who reforted to the
fair to eflablifh their head-quarters tome where
elfe. They proceeded by flow gradations, till at
laa they got poffeffion of their prefent anion at
Sparrow Corner. It was proved that Rag Fair
had none of thole eftablifhments incident to a regu-
lar fair or market, fuch as a Clerk, Tolls, and a
Court of Pied Poudre.

Mr. Easxma laid, that the profecutor had ad-
ted with extreme rigour towards the defendants an
taking them up under Bench Warrants, and keep-
ing them confined for want of bail. If this was
hard with refpetl to the defendants in general, it
was peculiarly fo as to one of them, a little taylor,
whom he knew, and who was one of the moft
plea rant good naturzd fellows breathing. In proof
of this he would relate a (bort anecdote concerning
him. He was once at a public dinner, and happen.
ed to fit dole by a General Officer, to whom he
behaved with all that civility which was natural
to him—the officer, who was highly pleafed with
his demeanor, drank his health in a glafs of wine:
and after Tome converfation faid, " May I, Sir,
requeft the honour of your name ?" " Made your
hreeebee, Sir," replied the little taylor. " Major
Brydges ! (exclaimed the Officer) I really did not
know there was a Major in the army of that name.
Pray what regiment may you belong to ?" I
beg your pardon, Sir, I did not fay I was Major
Btydges, I only faid, I made your breeches,
and I fincerely hope they fit you." The Offi-
cer laughed heartily at this explanation, and
immediately gave him an order for a fuit of regi-
mentals. Mr. Erikine coffered it was impoffible
to contend that this was an antient fair; all he:
hoped was, that if the nuifance was abated there
would be no further proceedings againft the De-
fendants.

Lord FAL swnoitot,c H very highly cenfured the
rigorous proceedings again It the defendants. He
milled, if the verdict negatived the right of hold-
ing the m.aket, there would be no punillnn. nt
prayed againfl the defendants.—The four defen-
dants who had pleaded the general due were ac-
quitted, and the others were tOund Guilt .
This vtrdia terminates the exiftence of Rag Fair.