Star.
London, England, 1805-08-24 00:00:00

SPURTING INTELLIGENCE.

YORK AUGUST RACES, WEDNESDAY, AUGUST is.
Fifty Pounds, given by the City of York, added to a
Suhfcription Purfe, for five year olds, 811. 71b.—
Four miles.

Mr. Peirfe's b. b. Fergufon, by King Fergus -
Lord Strathmore's Remembrances., by Pipator - S

. .
Lord Fitz williartes b. m. Sally, by Sir Peter • . 3
Duke of Hamikon's ch. h. by Walnut • • - 4
Lord Darlington's br. h. by Ormond - • " Pd
Mr. Garforth's Evander, by Dripini, 4 yrs old - • pd
High odds againit the winner. A good race.
Sweepßakes of togs. each, h. ft. for colts, 811. 21b. and
fillies 711. t3lb. Two miles.

. -
Lord Fitzwilliam's hay colt; by Sir Peter • • I
Sir M. M. Sykee, Sir Latincelot, by Delphi' - - 2
Mr. Wtntwortk's Hippolitus, by Benningbrough - - 3
Lord Fitzwilliam's dark bay c. Hambletonlan - - pd
Mr. T. Robinfoies by Benningbrough, dam by Young Mark pd
Four and 5 to t againit the winner.
A Sweepflakes of wogs. each, h. ft. colts N. 41b.
fillies, 81. Three miles.
Sir H. T. Vane's colt, by Sir Peter, walked over.

THE FOURTH Fare at Srowa was given on Mon-
day night. The cards of invitation mentioned mere-
ly Lord and Lady BUCRINGEIAM'S compliments to
the company invited, and every Nobleman and Gen-
tleman of refpeEtability in the county, and their fa-
' milies, were allied to partake of the feflivities. The
grand rooms were all thrown open, and 200 couple
danced alternately. The (upper tables were abun-
pantly covered, and there was a prufufion of the belt
wines, to exhilirate and regale the vifitors. The
gardens were again illuminated, and the neighbouring
farmers and peafants, and others for miles round,
gazed with vacant wonderment on the motley fcene.
The company after (upper were entertained with
catches and glees, by profeffional men hired for the
occafion. The dancing recommenced, and at a late
bonr in the morning, the company had not departed.
GRAITN EY GREE N.—A few days ago, a gentlemen,
turned of fixty, repaired to this celebrated place, with
a blooming damfel of
.fixteen, to whom he was (non
united according to the rites and cußoms of Old Joe.
After the bufinefs was completed, Joe's favourite be-
verage (brandy) was reforted to, not only by himfelf,
but by the happy pair i whole happinefs appeared to
be not a little augmented by their libations. After
fome time, the lay bridegroom infifted upon having
Joe': ceremony repeated. It was the fourth time he
had vifited Graitney Green on the fame errand ;
he had paid four times, and he would be married a
fifth time, for nothing. Good liquor always improves
the natural pliancy of Joe's difpofition. He con-
fenced. The chain was rivetted ; and the doubly fe-
cured couple reeled off towards their habitation at
Carlifle—the bridegroom [wearing, that it he had oc-
cafion to he married twenty time:, he would never go
pall the oldfhop.
A few morninas force, at a quarler before two
o'clock, a tire brace out in the workfhop of Mefirs.
Wolford and Son; cabinet-makers, Crilcheller, ow-
ing to lime Ravings catching fire in the abfence of
the workmen, but by immediate ;alliance it was ex-
tinguifhed without much damage being fullained.
EXECUTION.GA Friday laft John Bryant was
accented at Chelmsford, purfuant to his fentence, for
robbing Richard Mulliner, on the highway near
Woodford Bridge, of a metal watch and ionic filver.
He acknowledged having perpetrated the crime for
which he was about to Puffer the dreadful fentence of
the law, and that he had alto committed feveral
other highway robberies. His real name, he Paid,
was Charles glacnamara, and that he was a deferrer
from the army. He appeared truly penitent and re-
figned to his fate.
en Tuefday, Gites Burford, Stephen Fagg, and
John Clayton, purfuant to lenience palled on' them
at the Kent Affixes, were conduCted from Chatham,
in the morning, and conveyed in the ufual man-
ner to Pennenden-Heath, where they were earneftly
exhorted by the Chaplain to make the bell and molt
proper ufe of the fhort time the offended laws of the
'country permitted them to live, in imploring the
mercy and torgivenefs of their Maker. They littened
attentively to the pious exhortation of the Chaplain,
and after (pending Come time in player, their caps
being drawn over their faces, they were launched into
eternity. The night before their execution, they bad
formed a plan to break out of the pants.. and were
aauauy employed the greateft part of the aigbt io
the attempt.

LAW INTELLIGENCE.

COURT OF CHANCERY, AUGUST ij.

MALCOLM AND O'CALLAGRAN°S TRTITION.

This was an application to the Court, to remote
from the office of the Matter, the proceedings for
the appointment of a guardian to the children of the
late Colonel Stopford ; that there infants might be
delivered over to the proteaion of the Court; and,
further, it was prayed, that the Maßer might pay
the colts. The tetlator, Colonel Stopford, died in
the year 1796. He was conneeed with a lady
who did not fullain the charafter of a wife, by whom
he had the children concerned in this caufe.—
Major O'Callaghan and Mr. Fagan were the execu-
tors, under the will of the father, and the young per-
tons were placed under the care of the Rev. Giles
Powell, for the purpole of receiving maintenance
and education. This gentleman at firft received a
compenfation of 301. and afterwards of sot. each per
annum, for the dory he undertook offuperintendance
over the offspring of his deceafed friend. It became
necelTary to refer the complicated property of the tef-
tator to the management of the Court of Chancery ;
and in 1799 a decree was obtained, by which it was
ordered, that an account be taken of the perfonal ef-
tate of the teltator, and the Matter was direeted to
nominate guardians for the children. The first part
of the decree was executed ; but the fubfequent part
of it had been negleaed, and the children remained
under the care of Mr. Powell, without any interfe-
rence on the part of the mother, Sarah Hannah
Malcolm, or the Executors, until a petition was pre-
fenced in the month of January of the prefent year,
the fubjeft of which was now to be argued before the
Court.

Mr. RICHARDS, on the part of the Petitioner. faid
that the tettator had a great affeßion for the Reve.
rend Giles Powell, who had artfully ingratiated him.
fell into the favour of Mrs. Malcolm. This clergy.
man reprefented one of the executors as a common
gambler, and threatened to prefer a bill in that Court
againft him, if the would not undertake the bufincfs.
Mr. Powell had likewife entered into a corretpondence
with Mrs. Malcolm in July 1796, which terminated in
January 1797, and the letters were wholly improper,
conlideting his fituation in the Church, and his obli-
gations as a married man. He had likewife attempt-
, ed to alienate the affettions of the thildren from their
own mother; and to effete this defign. the powers
of language were employed, and the Salons of poe-
try were reforted to. " You are tottering on the
brink of dithonour. You are Telemachus calt on the
illand of the feduElive Calypfo ; fly from fhame and
difgrace ; imitate the manly graces of your father."
—Sach were the fentimenta expretfed, by which the
love of virtue Vett- was to be rendered fubfervient to

the moll pernicious deigns. The Learned Counfel
did not with to wound the feelings of Mr. Powell—he
was allied to a woman of acknowledged merit, and
of a fine underftanding ; with this .fir.ft bleffing of
life, he had reduced himtelf to a (late of degradation
which mould rather excite the feelings of compaffion,
than of refeatment. The objea was, „not to vilify
this individual, but to remove the children from the
evil influence of his example. Would a father, of
would this Conrt, fuftaining all the importance of the
parental charader, permit that the children of its
care Mould be committed to a man whole morality
was doubtful ? Much leis would it be allowed that

this charge (hould devolve on a perfon whofe condua
was in the higheß degree profligate.
The LORD CHAPICELLOR-...." How came thefe chil-
dren to be continued with Mr. Powell after this cor-
refpondence ?"
Mr. Ric MARDS Mrs. Malcolm Rates in her pe-
tition, that the was the only perfon who had potTef-
fion of thefe letters. She was herfelf, in a great de.
gree, unprotated, and (he was probably in hopes
that the moral inttrullion of her children was con-
fided to Mrs. Powell."

LORD CIiANCILLORig The letters were before the
Matter in 1799 and 1800."
Mr. RICH ARDS-=' Unfortunately the Mailer had
not done what was his duty to perform in his judi-
cial filtration. Mr. Powell had got accefs to the
Mager, and the litter had lidened with too much
credulity to his infinuations ; and the private folici•
tor of the Matter, in confequence, was himfelf ap-
pointed to ad in thofe affairs."
The LORD CHANCELLOR—" If the Mailer had
condefcended to ad upon my judgment, he would
not have nominated his private folicitor ; but he has
a judgment of his own, by which he is to be diredt-
ed, under his oath of office. I cannot make the
Matter pay colts, any more than he can make me
pay colts."
Mr. RICHARDS...-" Whatever may be my reve-
rence for the Matter, from the dignity of his fitna-
tion, and the virtues of his life, by this appointment
he changed the character he might to have preferred,
and in fad became the folicitor in the cauc von be-
half of Mr. Powell."
The Lem CHawcettoa....“The confequence may
have been deplorable for the children, from the com-
mon negkd of all parties. A limit petition to the
Chancellor, in the year 1799, would have produced
the appointment of a *uardian."
Mr. RICHARDI-.-" I'he matter mull, myt• Lord,
be removed to Come other office. Where At is, no
benefit can be derived. We fometimes, in life, fee
perfons, profoundly wife and eminently•virtithus, be-
come the dupes of artful men, and Inch feetns to have
been the and of Mr. Powell's artifices upon the
Matter."
An aged gentleman rofe in the middle of the Court,
and, acquainting his Lordffiip that hitname was Fa•
gam, he implored attention for a few mofnents. r
as, (fail he), executor of Colonel Stopford, and I
have been molt -grefsly vilified. ' For one of thefe
boys 1 procured an Enfigncy, wt the eipence of 4°01..
another was made full Capes in; at the charge Of
7601. I lent a nephew of the teitatorrs to India ; and
loch is the return for my terrine.. I tmderffand that
the Plaintiff and the Matter of this Court got ac-
quainted -at Dover, where they became extremely
intimate."

Mr. HART—"'Does your Loreghip think this in-
trulion either regular or decent ?
Mr. Fagan—" I have been in fhamefully vilified
that I mud (peak. / have the highefl rcfped for the
charafter of a Mailer of this Con: t, little as I know
of its proceedings ; fo little, indeed, that I always
thought this ill-at:ire (Lincoln's Inn Hall) was a
chapel, until the Solicitor told sne of this petition,i

and I save attended in confequente. I never %vac in
any Court of Jultice before, except in the ch,r.t.ft•
of a witnefs, and that only once. Mr. I'o%vdl
thought there was a poflibility of his being app int-
ed guardian with Mrs. A(hburner, and. to f award
his purpofes, he reprefented me as ruined by the
French. It is true I have, my L'rd, loft 60,0001.
and my rank and fituatit.n has enabled me to addreft
Peers, but this is the firft time I have had that ho•
nour when they were freed on the bench "
The LORD CHANCILLOR—" I have infpefted your
accounts, and as far as you, Sir, are con.erited,
there is no objetgion to them."
Mr. Fagan,after tome defultory obfervhtions, con-
cluded with thefe fingular expreffions :—" I have
always heard that two attornies are enough to ruin
an eftate, and, therefore, I objeftcd to the appoint-
ment of Mr. Carr. A buggy may proceed with to-
lerable fecurity upon two wheels, but if you add a
third it will be overfet. I defy Mr. Powell, Mr. Carr
and all the imps in hell; I have but one guide,
which is the rule of honour."

The LORD CNANCIILLOR" I raw the youth
re-
fpeQing whom the option was propofod of either go-
ing to India or into the Navy. He changed his
mind, in my prefence, in that room, twenty times
over. I defired the Attorney General, on one We,
and Mr. Romilly, on the other, to endeavour to dif.
cover what the boy's willies were, for I could my:elf
no way collect his intentions."
_ _

Mr..Hattt, for the Rev. Giles Powell, laid, he
felt more anxiety than he had experienced on any
former occafion in this Court. This pe• ition was
not defigned to anfwer any judicial curpofes ; it was
intended as an appeal to the public, to operate ol the
pafflons, and to difgrace his client. At this mo-
ment, preparations were making to give publicity to
the prefent proceedings, but to blall the charafter of
this man was of nu utility for the prefent cattle. He
'lid not with to retain the children, he was ready to
refign them at any moment into the hinds of the
Court. Mr. Powell had been accufed of grofs im-
morality ; letters had been produced, and if they had
been received by the petitioner, Mrs. Malcolm, with
the proper fpirit, the would have deemed them an in-
fult to her underaanding. Very different was the
temper the chi-played. After this correfpondence,
Mrs. Malcolm did not thew the indignation they
might have infpired. As if nothing had happened,
on the itth of May, t Bot, the wrote to Mr. Powell
in the following terms :

Mrs. Malcolm's compliments to Mr. Powell, and will be glad .
to have an opportunity of feting her children at the Ship user's.
Mrs. M. would have waited upon Mr. Powell, had the not Bret♦
very much fatigued."

In
,fuse, tßot, the wrote as follows

" 8i&—I thank you for your invitation to fee my children, but
my determination N never to fee them until fuch time as I can do tc,
without the reftraints that have been impored upon me. Be pleaf-
cd to prefent my refpedls to Mrs. Powell, and I am, &c.
(Signed) " S. H. MALCOLM."

Mr. RICHARDS, in reply, raid, that if a man's con.
duet was fuch as to deferve blame, he should not com-
plain if the innitutions'of fociety in this country oc-
cafioned the public expolition of his culpability. In
this cafe, the Mailer had implicated himfelf in the
proceedings ; it eras not enough for a Judge to be im-
partial, the world mull be fatisfied that he i%
ig Cztar's wife ought not to be forpeeted."

‘c I remember, my Lord, that you retufed to hear
A motion, becaufe it In happened that a re)ation of
your own was conneeted in the caufe. It Lad been
laid, that this Petition was impertinent and fcancla-
loth. That Lofts were dated which make an indivi-
dual appear fcandalous, was true, and that what was
dated would alfo be pro►ed, was equally true; but
an inditiment for a crime alter the offender was con-
viaed, might be as correctly deemed fcandalous as
this Petition." The Learned Counfel concluded with
alluding to a declaration which one of the youths had
tigned at the irdligation of Mr. Powell, and which,:
he laid, was defigned to be employed for unifier pur-
ples, when the lad fkould be removed to the ditlance
of Soon miles.
The LORD CMAIICKLLOR took a general review of
the proceedings in this caufe, and of the arguments
employed on the prefent occafion ; we dial: be obli-
ged to confine ottrfelves to the statement of a very
few obfervations

" A great deal of complaint has been lately made
here of certain publications in the Newfpapers. If
there have been mifreprefentations, I can only
fay, they have not been authorifed by the Court. if
authotifed by law, no man has a right to complain,
any more than this, that it may be a breach of mo-
rality to give partial Ilitements, which may be per-
nicious in their confequences. If there be any in-
fringement of the law, or any contempt fhe‘vn to
the Court, the Court is open to every application for
relief. Should unnecelfary publications he made to
the world, derogatory to the charaeler, and injurious
to property, afti.ns may be brought for the proteelixt
of both ; and without giving any opinion upon thefe
topics, I may venture to fay, that both Jud3es and
Juries will difcharge faithfully their duties. I am
glad to fay thus much in this offentible lituation, and
before this large auditory, that if I had, cad this Peti-
tion before I tigned it, it wonld not have received
my fignature ; but it is well known that our time
does not admit of this precaution. Much has been
faid of the propriety of treating the Matters of this
Court with refpett ; all the fuitors here Ihonid he
treated with refpeet, as well as the Mailers, or the
occupant of this chair. As far as I could difccrn,
the youth who came before me appeared to be well
infiruded by Mr. Powell, both in religion, morals,
and literature ; and we have, perhaps, to lament,
that one who was' fo capable from circumilances,
could not be permitted to complete what he hid fo
advantageoufly begun. It is rightly judged, that it
is not prudent for Mr. Lowell to (tri.ggle for retain-
ing the children beyond the moment when they can
be placed elfewhere. As far as the Petition alks,
that the Mailer may proceed de die is diem, for the
appointmint of a guardian, and in• what place, and
at .hat expense the children are to be educated and
maintained, it teems to me to be my perfonal duty
to require 'hat tie Court fhould be informed. as loon
as pothble, what is to be done in thefe parti:ulars ;
but I cannot remove the matter front the Matter's
Office. I will fend it back to Sir William Pepys, to
proceed de dais diem on this butinels ; and it his avo.
cations (how'd not pe mit him to r niavo in London,
or to proceed with this fort Of expedition, it may
then be removed to the Office of the Mailer (Matter
Stanley), who continues in town to accelerate Come
1 other affairs before this Court." _