Star.
London, England, 1805-12-21 00:00:00

THE MYSTERIOUS CASE.

Ustow Hat.r..—The parties in the buGnefs where
two mothers claim one child, came on to be heard
before Ginrou FOURNIER:, Purse BROADLEY,_ and
THOMAS FISH, EfVS —Mrs. Nott pofitistely (wore
that the child was her's; that the was born on the
gth of Oftober, 1803, and that when the was pet
to bed, Dr. Hough, of Percy-tteet, Rathbone-pl-ice,
was fent for, but that nature bad performed its effort
before the Doftor's arrival. She had been married,
but had left her hulbaod for Tome time, and a man
named George Englifh was the father of the child ;
the alto (wore pofitirely to the identity of the child
now produced, and that it was her's.
Mr. Non, her hufband, mentioned her leaving him 0
without any reafonable caufe, little more than four
years fence, and that no fubfequent cohabitation had :
taken place ; that two years fince (be fent him a letter, ;
laying the had been delivered of a child about fiz
weeks before, and had it chriftened in his name, and
as his child , he took no notice of the letter, as he had
long ccafed to pay any attention to her, :ear had he
ever feewor had any knowledge of the child.
Mrs. Hopkins, in very decided terms, fwore, that
the child was her's, and was born on the t3th of j
Oftober, 1803, at her mother's in Cartwright-fireet,
Weftminfier ; that Dr. Hopkins of the Guards laid
her ; and that the had received fo much injury in her
I lying-in as to endanger her life, and prevent her being
able to nude the child ; that the therefore was in-
duced to put the child in the care of Mrs. Nott, who
then went by the name of Pearfey, and in purfuance
of her earneft requeft let the child be chriftened in
iher name, and as her child. Mrs. Nott now refutes
to deliver up the child, and therefore the real mother,
as the terms herfelf, comes before the Magiftrates for '
their interpofition. Mr. Woolburn, a publican, cor-
roborated this teftimony, and alto fwore Or the iden•
city of the child.—Some collateral evidence was pro-
' duced, and the Magilirates wining for further time
Ito deliberate, adjourned the cafe until the. Doaors
Hopkins and Ht.ugh can attend, and fume written
documents be produced.

MAI Ls men u • ST* a s r.-11fr. Beazele y, a fur-
veyor, was charged fome time line by Mr. Cockerill,
diftri& furveyor, in the parith of St. George's, Han-
over-fqr are, with erecting a Portico, in Berkeley-
ftreet, Piccadilly, contrary to the Building A& The
charge failed in two intlances, for want of evidence
to prove that Mr. B. was the builder. It was yeller-
day brought forward in another &ape, by bringing
a charge againft Mr. Wm. Hitches, or the builder.
Mr. Cockerill and his two clerks gave evidence with
refpea to the portico, which projeCted three feet eight
inches from the level with the houfe, having final
openings on erch fide. It was according to their
belief a clofe portico, within the meaning of the Aa
of Parliament.

Two other witneffes proved the Defendant to have
been the builder ; one of whom, however, was of
opinion that the portico was an open one. He alto
Rated that it was finifhed in April left, excepting the
ornamental part.
Mr. At. Lair, for the Defendant, did not mean to
fay that fuch'porches were neighbourly, but the one
in queftion was not fubjeit to the contronl of the Le-
ginature. The information alfo appeared to be in-
correft, for a witnefs had proved that the building
was finifhed more than three months before the comp
plaint was preferred, contrary to the words of the
aft. Several eminent Surveyors were called by the
Defendant to give their opinion refpefting the pot-
deo. They all agreed that it was an open one.—
Their definition of an open one, however, varied, and
the Magiftrate decided in favour of the complaint.—
The Defendant was held in fureties to abate the nui•
fance within a month.—Mr. ALIA:, gave notice that
the parties intended to appeal to the Seflions.
Bovr.sra s s T.—Repeated complaints having been
made at the General Poft Office, that a great num-
ber of letters put into a receiving houfe in the neigh:
bourhood of Charing Crofs, fince the month of
March lag, had not reached the perfons as direeted,
particularly one put in from the Banking houfe of
Drummond, with bank notes to the amount of 1351.
the poll office agents have been ufing all due diligence
for fome time pall to trace the offender, but in vain.
Mr. Parkins, the Solicitor, employed an officer to
make enquiries, and direfted him so call lall Tnefday
,evening upon the affiftant at the receiving houfe,
which he did, and the young man very readily
agreed to accompany the officer to Mr. Parkin's
houfe, when he gave fuch a fatisfaltory account, that
he was not detained.
On Wednefday morning, Ann Herring, of Or-
mond yard, found a 51. and two al. bank notes, on
the weft fide of Devonfhire.ftreet, tore in a number
of pieces. They not being in a negotiable Rate, her
friends whited her to take them to the Bank, which
the accordingly did, where on examination by a
Clerk, the 51. note proved to be what had been in.
clofed in a letter, put into the above receiving houfe,
on Monday, the t ith of November, which had not
come to band. On the circumftance being commu-
nicated to the officer, he recollefted, that he and the
affillant at the receiving houfe, walked on that fide
of Devonfhire.ftreet, where the 'notes were found by
the woman. The fufpicion then fell upon die af-
fiftant, he being fufpefted of having thrown them
away, when he was paffing through DevonfhireAreet
on Tuefday evening, and he was apprehended and
underwent an examination before Mr. Bon D.
The mailer of the receiving houfe attended, and
gave the ptifoner an excellent charaiter.
Mr. Parkin, however, requefted the prifoner to be
committed for further examination on Tuefday fe'n.
night, which the Magiftrate complied with.
Complaint was made at the Office by bleffrs.
Snows the bankers, and other refpeftable inhabi-
tants of the Strand, of the gangs of pick-pockets who
daily infeft that neighbourhood, and hufile perfons
coming out of their (bops. Smith, J. Litnberick,
and Lavender, were difpatclied It pnrfait of them,
when they found Willirrn Afkew, and Georp Ste-
vens, two of Soanes's gang, pang near Mr. Snow's,
whom they took into candy, and brought them be-
fore Mr. Lite, when the officers not having feen
them do any amt, and they having been fent leveret
times on board the Tender, and urged, in confe.
quence of being ruptured, the Magilrate reluctantly
difcharged thrdmo Thus, the Police A& is become a,
dead letter, t* illtittrates are armed with great-
er to con is very dangerous defcriptioa
of robber:.

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1.4111' lifTE LLIO.

COURT OP K.NG's BRNCH, TY:C.I9.
RICH ARDS ON •ND OTHERS V. ROWCR(IFT.

This was an n/tion upon a policy Of infur:Ance rm.
on the (hip Lotd Nelfon, captu-ed by the Confoitaed
Fleets of France and Spain, brought by the owners
againft the Underwriters, to rec..ver as for a total
lofs.
There had been a form'er policy upon this (hip,
underwritten for pool. upon a voyage from London
Mealna and Naples, and hack, with liberty to fail
with letters of marque. and to chace, capture, and )
man prizes. By advice received from the Matter
and Comn..ider, the pia-limas, who were refpeetable
merchants at Liverpool, afterwards cancelled this
policy, aid a fecond was underwritten, for the fame
amount, but with the further privilege of feeking and
joining convoy, to load or unload, to cruise, capture,
and man prises; and. by a memorandum upon the
back of the policy, it was farther agreed, that four
putnitls per cent. wits to be returned. in cafe the tap-
tain did not, during the voyage, deviate from the
.segular cootie.
Captain jofeph Whittle flitted, that he had been
Maller of tie Lord Nelfon, and took in a full cargo
. of fruit, batilla, and other Al ticlea, the produce of tat
ifland of Sicily, at Medina, and failed from that
place,. far Gibraltar, on the 4th of December, 1804.
On the tout, he arrived at the Bay of Gibtaltar
and, on the al it, was ftranded by ftrefs of weather ;
after making t • cry exert:onto get her off, he was,
at 14(1, obliged to run the Chip ainore; to prevent her
being taken by the Sparifti craizerb, who were in
Ihoals abort that part of the coa(t. In order to get
the (hip to rig: its, he was obliged to put her cargo
into another vette', and fold a part of that cargo, con_;
filling of the fruit and other perifhable contmoditie,
to defray the expences of repairs; &c. He after.
wards proceeded upon his voyage hoonewards, and,
bad patted the Straits, when he was met by the Fit*. ,
Bard firgate, Captain Lord Mark Kerr, who fpoke
told him the combined fleets were coming up,l
altd defired him to get out of their way as fall as he
could ; in ctufequence of which, he (leered another
courfe, in order to avoid them. In three days after,
he taw twenty fail of heavy line of battle (hips; and
two frigates cheed him the whole day, from whom
be efeapecr; bu', the night follnwing, he fell iu with
three line of batle (hips and a frigate ; he endea•
voured to get away, but they fired five fots at him;
all went over him, except the la ft, which (truck the
flrip ; and, after making every effort to efcape, he
was, in the end, obliged to furrender, and Was car-
' tied into Cadiz. . _

Upon his crofs.examinationbv the Sot:et-roe Ci-
lium., he adulated, he did traffic with tome of the
cargo, but it was for the purpofe of paying for re-
pairs; he had twenty.five men and boys on hoard,
when failing frrm Marna. He was ready to fail
from Gibraltar in February, but was detained by the
weather, by the convoy, &c. ; and, from the num-
ber of Spantfls privateers, outride the harbour, pru-
dence fuggeaed to him wait for convoy. He was
ready terfail on the 22d of February, but Captain
.BOuverie, of the Mercury frigate, who was Port
Captain, was not ready to fail for fome time after,
.and adviled him to wait. One vette which had ven-
tured our, was initantly taken by the Sparta priva-
vers. in fight of the Rock ; and, at that time, no
fhip could attempt to hie out, withou: the danger of
a captide by the enemy. Paragraphs of feveral of
his letters to his owners v:ere repeated to him, to thew
an evident intention of going out of the direa enurfe
of his voyage, for the purprfe of cruising. A flight
contradiaion took place between theft letters and
his evidence. He admitted, he went r ouud by the
Madeira Mends to the Walern Islands, and by Cape
rinillerre ; but made no material deviation in his
trackoill he met with the Fitgard frigate. and then
he took a circuit to avoid the enemy. By fome QC his
letters, it appeared, that he it:tended waiting for the
Laneatier. Captain Tollifon, two days ; but, by lais
evidence, be analifi!cl this'. by faying, it was merely
is cafe of the wind's being contrary, and eventually
they were all detained, waiting for the lercury.
There letters alto intimated to his owners, that he
was going on a cruise fur three weeks, and direeed
that they ihotild at accordingly. It alto came ont,
that Mr. Timmins, one of the plaintiffs, was an
American, refilling for feveral years pall at Naples,
who, in one of his letters. congratulated himfelf
being an American, when the King an,cl Court of
Naples removed from that city, and the threat of an
invafion, by 25,000 French, was expected.
Upon this letter, and the others, written by the
Captain of the Lord Nelfon, to his owners, the So-i
LICITOR GENIMAL contended, in a very able manner,
that, in the fiat place, the plaintiff, Mr. Timmins,
one of the partners of Richardfon and Co. being a
fubjea of the United States of America, was not en-
titled to the benefit of the Reginer .Aess of Shipping
of this kingdom. He alfo contended, from the let-
ters of the Captain, that he had purpolely delayed
the prof:cution of his voyage home, and had entire-
ly deviated from his regular conrfe home, in order
to cruise atter the enemies of Great 11:;tain, con-
trary to the fpisit and meaning of the Policy of In.
iurance.
One of the Gentlemen of the Jury fa7d, he knew
Mr. Timmins intimately well, and hay.ng taken the
Witnefs's oath (it being admitted that I:4- w.ts corn-I
retent to be examined), hated, that Mr. Timmins
was horn at Boiicn, is America; but he always ,
underflood his Father was an Englithman, from Wol.
verhampton, and had been dead many years. When
he left England, he was about 30 years of age, and
4confequendy born before the independence of Ame-
rica wits recognifed, 111111 therefore a fubjea of Great
Britain, entitled to all the privileges of filch a f.b
jea. The wittiefs had 'known his mother and fitter
for many years,•with exhorts Mr. T. retitled at Clap-
ham, a length of time ; his fitter was married to Mr.
Richardfon, Yterkfiiire, and all his family were
refidents of this kingdom; the Witnefs was inform-
ed, he had fared his apprentice:hip to a gentleman
in this town ; he carried on trade for many years in
Liverpool, with the other Plaintiffs, and continued
to do In to the prefent moment. It was about ten years
ago fince the Witnefs firfl became acquainted with
him. and he was now fcven lean refuting at Naples,
cnnneaed in an Eriglith houfe there, and trading
with the original houfe in Liveiegl.,
The SOLICITOR GIiNER•L agi objefted, on the
grounds that the only evidence on this point was, that

Mr. Timmins had been known to be in this country
about ten years ago. and there was no pofitive or
legal evidence further than this, as the Witnels only
fpoke on information and belief. He then recapitu-
lated the whole of the cafe, at great length, and Mr.
Eatkine made.an able reply.
Lord EL LSN soitovGn obferved, that there were
three points in this cal.:, for the conlideratiun of the
Jury. The firft, whethey Mr. Timmins was an
American, and Sot entitled to the privileges of a fob.
ject of Great Britain ? Secondly, whether the Mat%
ter of the Lord Ntlfon.had made any intentional
delay on his voyage- home ? and, Wily, whether he
deviated fo much from the regular track of his
voyage, by cruizing, as to avoid the policy ? Upon
the firit point, his Lordfhip confidered that Mr. Tim-
mins being 3o years old at the time mentioned by
the Ger,tleman on the Jury, at all events over-reach
ed the period when America aiferted her indepen-
dence, and was previous to the aft recognifing that
independence; upon this ground alone he wa: coil.
tied to all the immunities and benefits of a Britiih
fubjed ; but, it appeared, that all his family lived
here; he carried on trade in a houfe in Liverpool,
and cuntinuei to do fo to the prefent day—there
was, therefore, at leaft, prefumptive evidence of his
being a lobjed of Great-Britain. In adverting to
the other-two points, his Lordfhip obferved, that, if
the Jut y confidered the Captain's waiting for the Lan-
caller, was an unwarranted delay, or, that his tak-
ing Inch a circuit on the voyage home, was a conli-*
derable deviation from his track, the policy would
be void ; but they were to confider. on the for-
mer, that he waited for the convoy, apprehenfive of
danger ; and,. on the latter, whether the caution he
received from Lord Mark Kerr, of the Fifgard, of
the Combined fleets being at hand, jultified his going
lo much out of the regular coitrfe ?
Toe Jury, after a very (hart confultation, brought
in a verdict of 2431. 6.. for the Plaintiffs.

SAME V. ANDSRSON.

This was a funTha; anion upon a Policy of infor-
ance on goods, by the American (hip !let man, from
Liverpool to Meflina, and Naples, which was cap-
tured by a Spanifh privateer, and brought into Cadiz.
Mr. EasKlNa übjeded to this policy, on the grounds
of the istlirind isStir Articles of the Treaty between
Spain and the United States of America, whereby
all American bottoms, with whatever freight they
might carry, were held to be free front capture or
detenticm, inafmuch as free bottoms make free goods.
To fupport this objedion, the Learned Counfel of-
fered, as evidence, a printed volume of the Laws and
Treaties of America, taken from the archives of the
American Government, and recognifed by the Ame-
rican ConfUl here as fuck. _ _

Lord Ettawsoanecu rejected this evidence as il-
legal ; and obferved, that it was to be regretted that
the United States of America, and indeed all other
dates in amity with this country, did not fend an.
thenticated documents of their levet al laws and regu-
lations on commercial affairs, by the Secretaries of
their refpeflive Arabaffaciors, or tome other officer
properly authorited, From the Ruffian Ambaffitclor
this would be particularly clearable. His Lordthip
had mentioned the fubjeft to NlT:King, the American
Coati!, and expreffed a with that fomething fhould
be done for the convenience of foreign dates.
The jury returned a Verdia of 911. rzs. for the
Plaint i tr.
Two other aftions of a fimlar nature, upon the
fame (hip, were determined in favour of tie

WALSH V. LAURENCE.

In this cart, has been in the lift of Special
Juries Air fume time, a Common Jury Was this day
'worn, a vertii4l taken fur the Plaintiff, And thecaule
rcfenel to arbitration.