Star.
London, England, 1801-07-08 00:00:00

DISTRIBUTION OF PRIZE-MONEY.

The Crew, of the TILIGRAPH and SPITFIRE, for
the capture oldie French brig le Heureux Societe,
will be paid their proportions of the proceeds an.
fing from the faid brig, on her arrival at Plymouth.
To the crew of the Atm>, for the capture of the
San El Vincento lugger, and San Fernando letter
of marque, a diliribution of the proceeds of th,_
laid velfels will be made at the White Lion, in
Wych-fircet, the fiat Thurfday in every month.
To the crew of the fame Clip, at the fame place,
for the capture of the Independante, San Antonio,
and Arlequin privateers, a diftribution of the pro.
ceeds of the faid velfels and bills for head-money.
To the crew of la Surrissivi, for the capture
of the Riling Sun, a diaribution will be made -on
board of the faid floop (if in port;) the tstb inft..of
aoool. being part of the proceeds of the condemn.
ed part of the. cargo.

The Malls to Lisbon will -be forwarded as
ufual under a Flag of Truce,in thef.tme mannAr
as the Mails were fmne time ago conveyed born
Yarmouth to Cuxhaven. _ _

The Edward, *Concede, from Liverpool for
Africa, is taken by a French frigate, of 36 guns,
and carried into Teneriffe ; fbe had taken five
others, but no other African fhip.
Tuefday fe'nnight, his Majeftyosfhip GorLDEs,
Lean, Captain TuLtdcrcu, Ascratverrs, Capt.
MAY, and GALATEA, Captain VAN SPENGLER,
failed from Cove as a convoy to twenty tranfports
with troops on board. Alfo failed his Majefty's
(loop HAZARD, Captain BUTTERFIELD, with a con.
voy of merchantmen for London, dec. dtc.
The Sophia, Captain AIININGTON, and four
oilier Chips, part of the homeward-bound Leeward
Hand licet, are arrived in Cork harbour.—They
parted convoy about fixteen days back, as did
about fifty fail of other vetfels. They fell in with le
Braave, French privateer,to the wellward of Cape
Clear, She captured te.OT 15 fail, and burped A
Teal (fuppofed a Lancafter brig). 'File GLEN.
NONE foon after came up and went in purfuit of
the Braave.

The Drie Gebroeders, VAN DYKE, from Cher-
bourg to Seville, is taken and cArried into Guerra.
fey by the Fly privateer.
The St. Joie, --, from Li(bon to Madeira, is
taken, and carried into Teneriffe.
The Packet, Tsorr, from Bolton to Liverpool,
is loft near the Ifle of Sable ; crew laved.
The Alexander, —, from Honduras to Lon-
don, is loft. _ _

The LOlldans CLOUTIIOII, from St. Kitt's to
Dublin, is put back to St. Thomas's leaky.
Captain DOM Err. who was Sir Flyns Paketk's
fiat Captain in his Majefly's fhip 1./isms, in the
Baltic,t, appointed to the command of the &Lt./.
ISLI, of 74 guns.
Rear-Admiral Rosner is to fuperintead the
payment of his 14ajefly's (hips at Chatham au4
Sheeraefs.
Captain Hewer GvwTsa, who commanded his
Majdty's (loop Nevi-mos, loft off Flamborough
Head, in February 1799, is appointed Agent
Tranfports in the fleet and E the command of
Lord KUM, off the coati of Egypt.
His Majelly's fhipTs as us, Capt. Jos w Bung,
is ordered to Yarmouth, in order to reinforce the
fleet under the command of Admiral Dickens.

Rear-Admiral Dacus is appointed to fuperin.
tend the payment of his Majesty's (hips and veirds
at Plymouth.
Captain Jamas Vasnow has taken the command
of the DasanliououT; and Lord Viccount GA R.
if the commaand of the BELL MOP Kom, at Porn:
mouth.
The following are appointed the Minaging
Owners of the Extra Slops engaged by the Ho-
nourable Ea( India Company, to proceed to In.
dia this year, viz.

CEYLON! and neat—James Annen, Efq. Manthip.
Briscua..—john St. Bostic, Lfq. Comet; Robert ellarnock.,
Efq. Sant Quintino.
B NOA L-i-Robert Charneek. Efq. Elisabeth.
Mannaivisßabert Clasnock, Efq. Caledonian; Thomas
Windafon, Efq.Osearal Start; P. E. Menace, Efq. Monuek;
W. Cleland, Bfq. Ann.
Bows* v—s John Locke, Efq. Sovereign ; Motes Apr, Efq.
Langton.
Sr. frio or NA and Bzuoat.—.Mw. White, Efq. Printxfs Mary.

The Swallow packet, which failed for India on
the 6th of September 1799, is Ihunly expelled to
arrive. The fir( place of her dattination was
China, from whence the has been difpatehed for
PePPL

Thurfday, an adion for Criiir. Coo. was tried in
the Conn of Common Pleas, Dublin. The parties
were a jeweller and glazier, both inhabitant, of
that city ; after hearing a variety of evidence, the
Jury gave a verdiet of 3501. damages againd the
former, for illicit intercourfe with the wife of the
latter. •
• Friday, a young man was tried, in the Court
of King's Bench, Dublin, for fedncing the appren-
tice of an eminent milliner of that city. The Jury
gave daruages against him to the amount of toool.
On Wednefday laft, Loos and o'l4:wry were
executed at Naas, purfuant to their fentence, the
fortnerthr the murder of the late Mr. Spencer. Of
Rathangan, and the latter for the murder of Lieu-
tenant Giffard, in May, 17911.
Monday fe•nnight Mitbati Brolly, capitally con-
viEted by General Court Martial, for murder. was
taken from the Prevot prifon, Limerick. 003001
the Duff gun•boat, Lieut. Wing. to Tarbert, from
whence he was tranfmitted to Galt likad• Ed
esteu;s4 missal to Comma&

LAW INTELLIGENCE.

COURT OP KOMI BENCH, JULY 7.
HARRIS V. MORRIS.

Mr. ERS KIN r opened the Plaintiff's cafe, from
which it appeared that this ation was brought by
the Plaintiff againft the Defendant, to recover
pl. its. under thefe circumstances :—Both the
Plaintiff and Defendant are by trade Taylors,
and married to two fillers. The Defendant was
not very well fatisfied with the conduit' of his
wife—he alledged that the was addiaed to drink.
ing, and therefore he turned her out of the houfe.
The Plaintiff, who had married her filter, humanely
took her in, and fupplied her when the was very
ill, with every thing that was neceffary. This
woman had tol. a•year fettled upon her for her
foie and feparate ufe, independent of her hufband,
and had the power of appointment over it. This
aBion was brought forfupplying her with neceffaries
and with medicines, when the was extremely ill.
The firft witnefs had been in the Defendant's
fervice when her Miftrefs was turned out of the
bottle. She faid the was in the kitchen with her
mailer and mittrefs, when her miftrefs anted him
if he could be fo cruel as to turn Itt- out ? " D—n
you, (laid he) if you do not leave the bottle, I'll
kick you out."—Fle defired her to bring down her
box, which the did ; he corded it, gave her half-a-
guinea, and turned her out of the houfe. She, on
crofs examination, did not know that her miltrefs
bad ever been criminally conneited with a Shoemi-
ler, a Frenchman, who lodged on the oppolite fide
of the way. Her millrefs fometimes froiled to him
from the oppofite window, but the did not know
that any thing improper had ever taken place be-
tween them. The Plaintiff is a Mailer Taylor, and
the Defendant a Journeyman.
Another witnefs laid, the Defendant had told
Um, when he asked him how his wife did, that he
hadfent Madam about her buliners. She had been
at her old tricks. He ailed him what he meant
by her old tricks ? The Defendant replied, the
had been pawning and making away with all his
things. The hutband did not then aceufe her of
having been guilty of criminal converfation with
any perfon.
Lord ICallYON•••." What can I do with this Jour-
neyman Taylor ? The law was laid down !so
years ago, by Lord Hale, who laid, it had been
the law in all times, that the hulband was bound
to maintain his wife up to the extent 'of his abili-
ties. But where the fituation of a hufband is
fuch that he cannot maintain her, by the laws of
Coo, and by the laws partly alto of man, he is re-
lieved from that maintenance.' The humanity of
the public comes in aid of the law of the land, and
is fuppletory to it. There is no law which compels
a man to contrail debts and put himfelf in jail,
even to fupport his wife, great as his obligations
are to fupport her. She has tol. of her own, and
although that is inadequate, yet if her hufband is
in a condition that he cannot fupply her with more,
the mull refort to the two fourcfs to which I have
alluded—to the humanity of mankind, and to the
laws of the land, which have provided hofpitals
and other afylutns for every fpecies of diftrefs, to a
degree unexampled at all times, and in all coun-
tries. I cannot fee how I can exempt this hutband
from maintaining her, on the ground that (he had
mitiondulted herfelf. 'There was a fpecies of mif-
conduft, but not fufficient, in my opinion, to war-
rant the hutband to fend her away. But aam at
a lots how to call on this hufband, fo fit uated, to
pay this demand. The Court of Chancery had
given her all that belonged to her, and bad fuper-
added to that a power of difpoling of that pro-
perty. Ido not fay, if the bulband were able to go
ftrther, that he ought to flop here. By no means."
Mr. ERSIItne obferved, that in a cafe decided by
Lord Mansfield, the name of which he did not re-
cone& he had laid down this; and he thought in
this cafe he thould be able to bring himfelf within
that principle. He thould be able to prove, that
fubfequent to all her mifeonduft, he ••himfelf was
difpofed to make an addition to the tol. per an-
num ; aid therefore be could thew out of his own
mouth that his abilities extended beyond this IGL
tie as willing to add to it three thillings a week.
Lord Mansfield held, when a hufband under cir-
cumftances fimilar to thefe, turned his wife out
without an adequate caufe, (for he admitted, if
The was living in a courfe of adultery, the was in-
titled to nothing from her htiffiand), the creditors
of the wife were entitled to nand in the (hoes of
that wife, and to recover from the hufband that
which the wife was entitled to, as for alimony, in
the Spiritual Court, and alto to what the might re-
ceive is eonfequence of the indulgence of her hoc
band. That the Plaintiff was entitled to recover
according to that leak of ability which the Defen-
dant had admitted, by his own dechradon, was
what he very humbly fubsnitted to the Ivry.
The Counfel for the Defendant laid, his Lord-
fhip and the Gentlemen of the Jury could have no
poffible difficulty in this cafe, when they had heard
the whole of it. The Defendant was a molt un-
fortunate man, in conliquence of this marriage,
which took place when this molt vrorthkfs woman
was only 19 years of itge. She was a mantna-
maker, and in confequence of her grofs
due, he had been reduced from the fituation of a
Rafter Taylor to a Jourseyntan. He mould prove
that this woman had eloped from her hdband,
had lived in open adultery with a Shoemaker; that
after he was tired of her, and had fent her about
her hutinefs, the went into a werkhoufe, and after-
wards into the Magdalen Hofpital; that after the
h.d been there fome time, as the (hewed a great
deal of contrition for her milcondua, the Defen-
dant forgot every thing that had paired, and took
her home again. And after fome time, the re.
Japfed into tome of her former vicions ann-fes,
when he found it abfolutely neceffary to put an end
to the conneSion. She had been before a Magic.
trate of as great humanity as any in the Ci
utmif-
liion (Mr. Conant.); and after he had been made
acquainted with all the circurnolances of the cafe
. he only allowed her us. 6d. per week.
The fans of this opening were fully proved by
a number of witneffes.
Mr. Easamosa, in hisrepty, among other things,
cl-Xerved, that be felt the propriety of every qua-
Lle of what his Lordthip bad Gi4l. on die Law

the cafe. He admitted that the Defendant was
very much to be commiferated. His wife had be-
hayed in a tnanner moll unworthy; and there
could be no doubt, that if at the time Pae-was 'iv-
ing in adultery with the different perfons alluded
to, the hufband had thought fit to cut the knot,
no man living could have called upon him for any
demand on her account, even of the moil prelhing
kind, becaufe, as his Lordthip.had truly Paid, the
religion of the country, and thole feelings which
Goo had implanted in the human breatl, would be
.fuppletory to the law, and corrpallion would hold
its place. The Jury would put out of their con-
fide:ation every thing that happened before he
took her under his roof again. He thought it
unwife in this hatband to take back this wife' after
lie had fir y tnifcondulted herfelf. How-
ever, he haciTofsimpatfion on her, and received her
again under his roof. She was reintlated in her
fitbation as his wife, and would hart been entitled
to her dower, if he had been poffeffed of any real
property, according to all the principles and au-
thorities of the law. Subfequent to that time there
was no evidence produced to thew that the had
relapfed into her adulterous courfes, at the time
the was fent out a fecond time. She had gone to
her old tricks again, of pawning. The Counfel here
made a number of ingenious obfervations on the
evidence of the different witnefres, and fubmitted,
that in additicn to the tot. a year, which this wo-
manh had in her own right, the Jury ought to give
her three fhillings a week, the thin which the De-
fendant.bintfelrttas willing to allow her; and if
fo; 'he rubmitted the Plaintiff had a right to (land
in her limes, and to receive that fum from the De-
fendant.

Lord 'Wixom laid, that the evidence, in this
cafe, muff give pain to every one who heard it.—
The demand of the Plaintiff, as appeared by his
Bill of Particulars, was 311. i as. for a few months
neceffaries for the Defendant's wife. If the wife
was living in a Rate of Adultery, or was not gtine
by force from her hufband, beyond all doubt the
hufband was not anfwerable for any debts of her
contracting. But fuch was the confequence of the
hufband's receiving her again, that he reftoded her
to all the rights fhe had before the feparation ; and
although he would not be liable for what the had
while living in Adultery, yet there WAS a claim
upon the Defendant, abundantly large, if the Jury
thought he ought to pay it, which was 25 guineas
and a half. The firft point was, whether the went
voluntarily, or was forced out of the Defendant's
bottle ? Upon which there was fome variety of evi-
dence; one Witnefs having faid, that the hufband
laid, " if fhe would not go, he would kick her
out." Another, that The had faid, " (he had volun-
tarily gone out herfelf, and did not chufe to return."
The conclufion of the Law was fairly drawn. If
the Defendant's wife was away from her hnfband
againfi his confent, he was not bound to maintain
her ; but if he turned her out by force, and fhe was
not living in an adulterous courfe, he the hufband,
muff be taken to have turned out along with her,
credit to fupport her with the neceffaries of life,
fo that it did not go beyond his ability ; and then
the queftion would be, " Whether the Defendant's
ability could be faid to extend beyond this tol. a
year ? Or whether this rah might not be confi-
dered as being futhcient ?" Whether any thing
was to be added to that furn would be for the
Jury to determine. The letter of the Defendant's
Attorney was very properly preffed on the part of
the Plaintiff in fupport of her Cafe, fince it mutt
be taken to have been written under his authority.
By this it might be fuppofed that the Defendant
was able, as well, as willing to allow thefe three
(killings a week. He was not fure, however, his
Lordllip faid, that fuch a conclufion was inevi-
table, for many inftances occurred in which a
man might make fomething of an offer, which
be might have no hope of being able to fulfil. A
man might have a debt out-Banding and demands
againft him, which he had no reafonable hopes of
being able to pay, and yet, under fome circum-
(lances, he might undertake to do fo under the
preffure of circtunitances. This Defendant, a jour-
neyman taylor, could not look, with any hope, to
the poffibility f being able to pay this debt of 251.
or guineas, and to continue it at that rate ; for it
was the charge of only a few months. His Lord-
(hip was therefore not fure that the Jury would fay
that this Defendant ought to pay thefe three dill-
lings a week. Befides an offer to pay a fum of mo-
ney in order to get rid of a difpute, proved nothing.
Why did not the other fide take the money? No,
they would not take the money when it was offer-
ed, but brought their anion to take the chance of
getting more, and finding that chance lefperate.
they ,low called for the performance of that offer;
but it Ibould be underflood, that an offer, unlefs it
be accepted, mall not bind a man to any thing..—
As to the advertifement of the Defendant, Bating,
that he would not pay any debts contra red by his
wife, that of itfelf would not be futhcient, nor
would it, at any time, be fufficient, even if he had
gone and given perfonal notice to every one who
knew her, that he would not be anfwerable foraay
debts which The might contrail, to take away his
liability to pay for neceffaries for her, up to the
extent of his ability, provided the did not go away
of berown accord, nor live in a Rate of adultery.
As to the general mircondult of the Defendant's
wife, it was certainly very glaring, but his taking
her home a fecond time, took away his right of ob.
jeCtion to it in this adion; and all that he could
objed to her, muff be confined toher conduit fence
that period. Certainly. whatever jealoury might
be felt. there was no proof of her adultery fence the
lecond feparation. The Jury, as men of the world.
-would judge of the whole cafe, and confider, whe-
ther this journeyman taylor fhould allow this un-
happy and worthlefs woman more than 101. a year.
Upon the whole of the cafe, they would judge,
and his Lordfhip was Allred, their verdid would
Jo juftice between the parties.
The Jury were going to deliberate, but it was
agreed to fare them the trouble of deciding upon
a verdiel. A Juror was withdrawn, by which each
party will have to pay his own colts.
WILDWAS W. SWITII.
The Defendant had fold a mare to the Plaintiff.
which he warranted found, andfor which he reeeiv
ed forty4ve guineas. 1:110iwas cad* ark of Mayi,

on the 29th the was &Covered to be unfound.
The PlaincifF,therefyre fought to reco,,er back the
money. A farrier of the name of Mafcall exa
mined the mare, and was of opinion that at die
time the was fold the might have been tutfound,
as there was a callous fubßance on her off fore leg,
which muft have arifen in confequence of Tome
former hurt, and not from any recent one. Seve.
ral witneffes were called, who gave timilar evi-
dence. To rebut this teflimony in favour of the
Plaintiff, the Defendant called a number of -re-
fpeaable witnetfes,who Rated that they had known
the mare for upwards of three years i they fwore,
that at the time the was foid, the was perfealy
found, and is fo at this moment. Mr. Coleman,
Pmfelfor in the Veterinary College, Rated that he
had examined the mare, and was clearly of opi-
nion, that the is in a found Rate. He faid, that
whenever a horfe has what is termed a callous, it
never goes off ; therefore he was of opinion, that
the judgment of Mr. Mafcall was erroneous. He
admitted, that for violent exercife it was not un-
common for horfes to have an exuberance, but that
in a Ilion time would fubfide.—Thc Jury found
Verdict for the Defendant.