Star.
London, England, 1802-07-21 00:00:00

70 THE EDITOR CF Till STAR.

SIR-Having long experienced great pleafure
in the daily perufal of your. impartial Paper, and
well knowing its extenfive circulation, induces me
to trouble you with a few obfervations on an arti•
cle of news I met with in tome of the Papers, and
which filled me and many other Gentlemen with
furrow and indignation ! It dated, " that the
whale Corps of Invalids, Officers, and Men, are
to he immediately diffianded, and the fubaltern
Officers to have a finning a day taken off their
preterit fmall pay !" I can fcarcely believe this,
and fincerely hope, for the credit of rny country,
it is not true : if it is, !tow can we ever expel to
recruit and keep up our regiments ? V: hen our
Oaieers and men have no longer an atylum to
I mt.: up to, after they are worn 0,1,t in the aidimus
Cervices of the field !! ! What svoi:lel. he fa.':-1 of
that nation, which, after its fervants ).'ave 'Pea
their youth and Ilrength in its defence,.
leave them to a darting exillence!!! I knt.sw
fubaltern, who new maintains his wife and five
children on his pay; bin if turn:d out of his bar-
rack, on 4s. Bd. per da7-, mutt nearly flame ; and
this mull !"! :Le case with fii.l;:y; who have lived
comfortably for to and 15 years in garriton, where
they juflly ftappored themfelues fettled for lite
Had 0--
enr)e • d this..v.l-ac had one
warriors, when no longer able to fight our battles
in the field, been always turned about their buli
nets, the cruelty would not have been fo great,
becatife they would have known what they were
to expel ; but nowt, juft as the whole natian has
been rejoicing and returning tha;.ks to ALMIGHTY
GOD for the bleffingt of peace, the worn-out old
fo!dier (who has helpt to procure it) is alone in-
capable of (haring in the joy, withing rather he
had died by a ballet of the enemy, than lived to
endure a flarving death in the midll of luxury.—
It cannot be ! that old England, after ail her glo.
tious druggles, can fully them by firth an aft of
verity, tot the paltry laving of 60,03°1. a year,
while the continues to lavilh miilions oat finecure
places and !seams!!!
If, Sir, you will be fo kind as to give the above
a place in your excellent Paper, and should the
Ilatement I have alluded to prove Life, it may be
the means of cauting a more correft one to appear,
which will let at cafe the hearts of multitudes, who
keenly fed for the honour of their country, and
the comfort of thufe veterans who have bled in
Ler fervice, and for ever oblige

A TIMI IATAIOT•

LAW INTE J.l. IGENCE.

NORTH WALES SUMMER CIRCUIT.
BOOM LILTIMTER, Efq. ROBERT SEEELIL, Efq.
Malocethailre--Tueftlay, Au,kat t 7, at Dolgelly.
Canurvonlhirt —Monday, Auguft 23, at Carnation.
Aoglcfey—Saturday, Augutt 2S, at Beaumaria.

CHESTER SUMMER CIRCUIT.
Jamas MANSFIELD, Efq. FRANCIi BuaroN,Efq.
liontgomerythire--Saturday, Augutt at. at Pool.
Denbighthire—Friday, Auzutt 27, at Ruthin.
Flintallre—Thurfday, September s, at Mold.
Chethlre—.Wednefday, September 8, at the Ca:.lle of Chalet%

ARCHES COURT, DOCTORS COMMONS, JULY 19

KIRBY V. KIRBY.

It appeared that the parties in this carafe lived
in the neighbourhood of Wallingford, and the
cattle, which is of a very extraordinary nature,
commenced in the Archdeaconry Court of Berks,
from whence it came by appeal into the Court of
Arches. Mrs. Kirby had originally brought her
fuit for a reftitution of conjugal rites; Mr. Kirby
fet up a charge of adultery in bar to the citation,
and accufed his wife ofd criminal interconrfe with
Mr. Mafon, a relatiLn, with his man fervant,
named Frewin, and with a refpeetable Gentleman
refiding alfo in the neighbourhood of Walling.
ford. While the fuit was depending in .the Court
of Arches, Mrs. Kirby received information that
her hufband was carrying on an adulterous inter-
com' fe with a fervant maid in his houfe named
Sarah Parfons, and gave into Court an allegation
charging him with fuch mileondurft. Thus the
original nature of the caufe fur a reftitution was
altered by both parties to one of divorce, and the
learned Judge who tried it (tire Right on. Sir
Wm. WYNNE) appeared to entertain confiderable
doubt whether the proof of adultery by the wife
againft her hufband would entitle her tua divorce,
or to any benefit beyond that of repelling her huf-
band's charge, teeing that in the outlet of the fuit
the had only prayed a rOitution of her conjugal
rites. The Judge obferved, that two of the wit-
nelfts produced by the hufband gave no evidence I
to found the flightell fulpicion againit Mrs. Kirby,
and that the hufband's cafe was fupported merely
by the evidence of three women, named Kent—
(formerly Parfons, filler of the aforementioned
Sarah Parfons) Mary Parfons, who married her
brother, and Jane Neale, who had all three ven-
tured to (wear pofitively to tranfaft ions which they
Rated to have taken place at Wallingford on the
silt of January, and the 2 I a of July, 1795, be-
tween Mrs. Kirby and the neighbouring gentle-
man, w;to being examined himf:lt; together with
fcvcral of his friends and acquaintance; in London,
cave the molt firtkiliatory evidence that he was in
London on both thole days, and for fcveral days
before and after. The learned Judge moreover ob-
ferved, that thefe duce women not only contra.
aliaed each other, as well as themfelves, but were
proved by many per foils living in the neighbour.
hood to be women of the molt abran.doned charac-
ter, and undeferving of credit; and in regard to
the neighbouring gentleman, Mr. Mafon, (fince
dead) and Frewin the iervant, he laid the proofs
as to the two former, even if they were tq be cre-
dited, .amounted at moll to an indifcretion, and in
!egard to the latter, who k at fervice near Hull,
-Mire, he had by his examination completely
ied the pretended charge made againft him.
the whole, the learned Judge was clearly
inion, that Mr. Kirby had failed in bringing
,roof of mifcenduet againft his wife,and that
the .contrary was completely exculpated`

eated by her at a boardingtchool the kept at'tw.
elme, near NVallingford, before the was married
to Mr. K. and after the had been induced to leave
his houfe in confequence of ill treatment. The
Judge, in conclufion, added, that as Mrs. K. no
longer prayed retlitution, he was compelled to
difmifs the fuit. Mrs. K. has, we undernand,
appealed the caufe to the High Court of Delegates.

COURT OF KING'S BENCH, JULY 13.
THS KING V. HENRY ROWID.

This was an indictment againit the defendant, al
Lieutenant of the Navy, for an affault upon H.
Harben, Efq.
Mr. Ex sKINE Rated, that the defendant affault-
ed Mr. Harben under citeumffances of confider-
able aggravation. The profecutor, Mr. Harben,
from an unfortunate blow which he had received,
had had his fkull fraduredto Inch adegree that the
very wind palling over his head (hock his brain to
its very centre. This fituation of the profecutor
was very well known to the defendant at the time'
he a,ffaulted him, aid under fuel) circumilances
nn man ;sf courage would have done to. The
Learned Cot;.nfel then Rated that the ground of the
quarrel was rela:iv.e to fome unhap;,y family dif-
frerences between Mr. Harben and his wife, ansit
Mr. Rowed having been I:ntimate at the houfe or
Mr. Harben, had taken part 2aairifc the plaintiff,
and atTorded tinker to his wife fhe eloped
from her husband, the profecutor.
Mr. Harbert was &It called. He fail
Rowed
was an officer of the navy. He had the comit2.4ml
of a entter on the Seaford Ration. Ile had
very intintaie at his honfe, and vifited in the molt
familiar manner. On the 24th of Anal lilt hej
received a blow which fradured his ficull,.and de. I
prived him of memory, fenfe, and fpeech. His
tkull was trepanbed, and he recovered his memo.;
ry and fenfe, but had never pert-ally recovered j
his fpeech. He now could, by petting different I
parts of his head, deprive himfelf of the ule of one
arm, one leg, and of his fight. This fituation of
his was well known to the defendant. He then•
dated that Mrs. Harben had eloped frcni
and, as he bad heard, was in the houfe of Mr.
Rowed. He was about to enter into forme details
of the burinefs, but the Court thought the evidence
was in:ld:liable in the prefent indidnient. The
witnefs then proceeded to hate the affault, which
as 14)110124'5 On the 27th of May, as he was
walking in Codcfpur-Racer, near Charing-Crofs,
in company with Mr. Gwynn, he faw Rowed ap-
proaching ,them ; when he came near, Rowed
threw out his arm and run againft him (defetib-
ing the manner). The blow almoit knocked him
down. lie was about to ftrike the defendant in
return, but was prevented be Mr. Gwynn.
Mr. Gwynn was next called, who corroborated
the ball witnefs, as to the atrault.
R. Baited, an old officer of the navy, was next
called, to prove that the defendant had tired ex*
preffions of ill will, and had threatened the plain-
tiff previous to this affair. He Rated that Rowed
had told him, jaR at the time when Mrs. Harben
left her hulband, that he was determined to be
revenged of Harben whenever he fhouldbe report-
ed a found man. Being examined as to the hid-
macy formerly fubfifting between the profecutor
and the defendant, he raid that Rowed had the run
of Harben's houfe and kitchen, by G— !
Lord ELLENBOROUGH reprimanded the witnefs
for fuels language—and fome one in Court having
clapped his hands at this inadvertent expreffion;
his Lordffiip declared if he knew who it was he
would commit him.—Verdift Guilty.

JULY t 5 KING 17. LLOYD.
Mr. Ems KIN F. Rated that this was a prnfeeution
inffituted by the Society of Clements Inn, againft
the Defendant, for a nuifancc. It appeared by
records that this was a very ancient Society. It
was firft a religious houfe, and afterwards they
devoted themfelves to the Rudy and praCtice of the
law, as early as the reign of Edward IV. This
Society was attached to that of the Middle Temple.
One of the greateft ornaments of. the Law, and
who had formerly been a Judge of that Court, Mr.
Pftice Afhhurft, was a Member of that Society.
This profecution was not inflituted from fpleen,
or injuflice, but from neceffity. The Defendant
was a Tinman, and had a fhop dole to the wall of
the Society ; and by the violent and inceffant ham-
mering of the Defendant and his men, the Mem-
bers of that Society could not pule their bull.
nets. To conffitute a nuifance it was fufficient
that it deprived men of their comforts.
Mr. Allen and Mr. Hayman, two of the Gen-
tlemen in that Inn, were called, and Mr. Allen
laid he had had Chambers there nearly 4o years,
and had never been difturbed in purfuing his pro—
' feflion till about a year and a half ago, when the
Defendant came to his prefent fhop. They be-
gan hammering fometimes fo early as five in the
morning, and continued inceffantly. Sometimes
it was more moderate, but it was at other times
intolerable.—The other Gentleman had refided 72
years in the Inn, and confirmed the evidence of the
former witnefs.—lt appeared that the Defendant
had done every thing in his power to leffen it.
Lord ELLEN KOKO UG 14 thought this was too mi.
1 mite a thing to be purfued by that Society, where
only a very few of its Members were affelled by
it. He thought the flutes and fiddles that were
conßantly heard in the Temple tended to diftrati
the mind that was intent on Rudy, as much as this
•noife did. And no man had ever yet tried the
powers of the Law on thefe mufical inßruments.
Thefe cafes of nuifances had been carried fuffi-
ciently far already, and he had no defire to extend
the Criminal Law in any refpeet whatever. He
hoped the Defendant would pay a proper attention
to the comforts of the Gentlemen of this Society,
and if he did not, Civil ACtions might be brought
againfl him.
Mr. PARK, on the part of the Defendant, Paid
his Client was ready to do any thing that any in.
different perfon could propefe, that was continent
with carrying on his Wines; and he had aft.
ally given up the working of (even men, and had
only three.
Lord Escassoaovc tr Paid that was very fair.
• . ..r__._ 1.. J:Z.......• narrnn 1:6111141

CSCICPIT,'WHIT/HALL, JULY 14-
Before tht moll Noble and Right Hon. the!
Lords Commiflioners of Appeals in Prize Calks?!
The Minerve, Suenonius mailer.—This was a
Swedilh (hip laden with a cargo of brandy, which
was captured in the profecution of her soyage from
Barcelona, Vile Nova, and Salva, to Bolton, on
or about the 12th of Auguft, t 799, by his Majefty's
(hip Bolton, John Erfkine Douglas, Flo. Cow.
mander, and carried into Halifax, where the ufual
proceedings were commenced. It appeared that
the (hip was reflorcd, with freight, in the Court
below, and the cargo condemned; from which
fcntence an appeal was entered. Their Lortlfhips
after hearing Counfel in this cafe, dirated further
proof to be made of the property.
The Hawke, Yerby matter.—This fhip, laden
with a cargo of flour and herrings, bound on a
voyage from the port of Barracoa to Fort Repub.
licain, in the ifland of St. Domingo, was captured
on the tith of September, i799,hY his Majefty's
(hip of war Echo, Robert Philpott, Corn-
wander, and carried into the ifland of Jamaica,
and there duly proceeded againit. Their Lord-
, lhips, in this eitfe, revelled the fentenee of the
Court below, and refloted the property its claimed,
I and alio condemned the captors in the cults of the
appeal. ,„

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