Star.
London, England, 1812-03-13 00:00:00

EXTRACT OF A LETTER FROM-LISBON:

gi The sth regiment went Iteyond their orders at
the storming of Ciudad Rodrigo, and performed a
service that had pot been allotted them: Their orders
were to force the gate leading to the ditch, then with
ladders to scale the wall into the hum braye, drive
thence the enemy's parties, turn the guns which
flanked the breach, and upsetting all in their way to
proceed along the fausse braye as far as the breach,
and then halt and allow General M'KtsNoN's brigade
to pass, and then to form in their rear. This part
of the business was so rapidly executed, that when
they had reached the foot of the breach, the brigade
was not to be seen : the 94th, which had taken a se-
parate route, only appearing, and -meeting at this
point formed a junction in the ditch. At this time
the enemy commenced the work of destruction,
which served to point out to them the necessity of
assailing the breach, as it became too hot for them to
nay where they were expecting the brigade. The
two regiments, as if with one consent, dashed at the
breach, supported by the 77th in the rear. Now
shots, rliells, &c. began to fly in showers. The Eng-
Nsh, however, continued to push forwards; when tin
enemy turned and fled, forgetting in their haste to
withdraw some planks, which were laid over ditches
cut crossways between the wall and the town. Thus
their preparation of defence became ineffectual, and
our troops were able to follow and drive them right
and left from the walls, and keep them at bay oppo-
site the breach, until the other bride and light
division came up. This settled the business; for the
enemy abandoned the defence, immediately threw
down their arms and fled, each seeking his own
safety, and thus escaped with their Nees."

Tuesday night a soldier belonging to the Derby
Militia, lying on the Heights at Dover, missed his
road, and fell into one of the trenches, which are a
great depth ; he was picked up in the morning, with
but little signs of lite.
At the Norwich Corn Market,' Wheat sold from
575. to 58s.—Barley, 2Gs (a few samples, 275.)—
Beans, 26s.—Grey Peas, 285.; Seed ditto, 30s.—Oats
20s. and Seed.diuo (very prime) 21s. per coomb.—
At the Cattle Market, there was a better supply of
fat beef, which, of the best quality, sold at 10s. Gd.
per stone.—Fat mutton fetched lid per lb.—There
was a much larger show of Scotch and other lean
cattle, with a very little variation in price.—Fat pork
sold from Bs. 6d. to Os. per stone.
At Morpeth, on Wednesday last, there was a very
short supply of cattle, which met with ready sale. A
good many sheep ; part stood long, and were not :dd.
Beer, from 7s. 6d. to Bs. 6d. per stone, sinking offal.
Mutton, 9s. to 9s. 6d. Wheat, from 765. to 965. per
quarter. Rye, 445. to 48s. Oats, 265. Bd. to 31s. Bd.

CORN MARKET, MARK.LANE. Tc-Jay the Market
has not many fresh arrivals of Wheat, nor much on
hand; sales again quoted nearly at last prices. Barley
somewhat higher. Malt keeps its price. White Peas
extreme heavy sale ; Grey rather lower. Beans of
each description rather dearer. There ate Tew arrivals
of Oats, but a good supply on hand, and this trade
fully maintains the last quotation. Sales of Hoar at
the late advance.

CU/UNT PRIERS AS UNDER:
Wheat, 801. 106 s. 122% Beans 545. 601.
Fine ditto, 1255. 130 s. Tick ditto (stew) 4415. SU
Rye 525. 58s. Ditto (Bne Ohl) 1181 Sas
Barley, -525. aft at. Oats, 30e 34s 11114
Malt, 84.. 925. Poland ditto, 395. 40s.
White Peas, (Boilers) 725.801. Potatoe &to, 421. 41s. ed.
Grey ditto, 555. 61s. Rape Seed, ,C 69. Lid.
Fine flour, 1001.1055.--Secoixh, 9.55. to 1004
•

Beef
Mutton

Od to 61 Od Veal 7. 04 to As Od
6. 4d to 6. 44 Pork Os ad to 7s 4d

IItAIN OF CATTLI Intl bay.
feast/, about 7110—Sbaes sad Lambs, 2,200.
Cava*, 100--Plp, 110.

PRICE OF HAY AND STRAW IN SMITHFIELD.
Hay 41 qrs to 61 So New Clover SI St to 61 6s
N•w Hay of as s. fig as Straw 21 its to 21 15t

TIM. Afigif4CLE otat

We have beon favoured with a note of the ease re-
ferred to the other evening in fhel/ouse deomnsoirs
on Mr. Wu.sos's motion to amend the Marriage Act;
! and as it is one which is not reported, and which ex-
! hibit,s the operation of the Act in a strik:r.c point of
view. we hasten to give
it a Otte in our Parser.
_l..
" I,IOIICOOILT OF DELEGATIts, JUN na, Ipm
1, 84 Hswrrr 9. Banaminn..—This was an Appeal by
Tboimis Hewitt, (styled in the proceedings Aeriairr,)
from a*Epecree el 16 hiupiscopal C.,ort of Y• rk,
"aiming a Libel,. or Ma, gsven in by Mr. Hewitt.
to have his marriage with S. &etcher (calling her:
self Hewitt) ileclared.null and vuid.--Counsel for
the husband, Mr. DALLAS and Dr. AkNOLD; for the
Rife, Dr. STODUART and Mr. Stamm:l;
ii• The Libel pleaded the Marritege-iketrend • al•
kged, that Thomas Heyiitt was burn the 17th r,I July,
1764, and was married to S. Br Reber tke 16th of
October, 1781, a be virtue of a licence eartriaititedy
obtained by him, the said Thomas Hewitt. on apse
suggestion, that he was then 21 years of ages" it far-
ther ;targets, that such marriage was had without the
cons.mt of the said I'. Hewitt's faller. w;so was a
publican, then living, but who died in December lad.
There were exhibited, together with the Libel, a copy
of the Affidavit, in which T. Hewitt was :tiled a
steward, and a copy.of tae Entry of Marriage, to
which tha woman had set her moil. •

44 The Counsel for the wife contended that this was
not such a plea as ought to be admitted to proof. It is
discretionary in the Court to admit oreichtde a party,
as appears from the circumstance that sib person
lowed to institute a suit of this nature, without slew.
ing an intxres. in the event of the suit. Now this m
at t*.e same time that he chews his interest, also strews
that he is totally unworthy of any interference of the
Court to protect his rights by a declaratory sentence.
Let him act, at his own peril, on those rights. No
rule is more general, in civil matters, than that a party
asking justice shall come into Court with clean hands,
but this man comes into Curt loaded with fraud and
perjury, and avows those very crimes as the foun la-
tion of his suit. The injured woman was no party
to the false affidavit, and probably was too ignorant
to know any thing of the nature of the fraud. They
farther argued, that the lapse of nearly 25 years from
the marriage, ought, under the circumstances, to bar
the suit. Non condat, but that a numerous i,surs
of this marriage may esist :--they may have taken •
a rank in society according to the improved cifcurn-
btances of their father, who, from a steward, the sena
a publican, has become an esquire. Some of thenithay
halm attained inajoiity, and may have formed, or be
about to form, matrimonial and other connections,
correspondent to their supposed legitimacy. To dis-
turb such a state of things wined be a grievous bard.
ship, not only ou the innocent ails and children, but.
on all their connections. Besides, the ,achy in bring.
ing the suit is a fraudulent..her, on the part of the
husband; for irdeprives the wife of her best evidence
—that of the husband's father, who, if living, sruglit
have acknowledged that he consented to the mar-
riage : and any actual consent arotild dot without his
formal declaration on the affiday.it, or presence at
the Marriage. The Court Will presume such actual
consent, from the father's taking no steps to testify
dissent during his life, that is, f.a. above 21 years aftte
the marriage. Such inference has oft sa been made
in support of marriage (which is a thing highly fa.
voured in the law), particularly in the ea 1; case. of
Say against Selby, 1771 ; and alsosin a. recent 0111 C•
Osborn againit Gollham, 1808. Suprse the father
had at first expressed a disapprobauun of the mar-
riage before witnesses now and afterwards
given a full consent, in presents his ton, and of
witnesses since dead, the oil t woe 4ho driven to rely
on the answers of her hushin the prac•
tice alibis Court, she is entitled lint the case set up by
the husband is, that he is not to I;ebeliciednet ,That;
4( The husband's Counsel, insgply., coz that
the office of the Court, in giving a declamatory Gen.
tence, was not discretionary,
,but. ministerial.. .It is
admitted, that a party :hew* aftinterait may
insti-
tute a, suit of this nature by the general practice of
this Court ; and it is as general a practice in all the
Courts inferior to this, not to exclude the husband on
account of fraud. The putflic has an interest in. set-
ding the legal relation of individuals to each other.
o With respect to the lateness of itstituting the
suit, they contended, that no lapse of time could ope-
rate as a bar to it. Here is no statute of limitation.
A marriage which is null and void at the period of
its celebratior., can never become valid by the opera.
tion of time. To be sure, it may induce the Court to
require strict proof of the matters pleaded ; but not to
reject the plea altogether. The inferences of consent.
which the Courts have raised from circumstances, in
the 'cases cited, were grounded on facts in the evi-
dence, and not merely on allegations in the libel.
a Some of the Judges spoke in terms of great red
probation, of the conduct of the husband, am set forth
in his plea ; and intimated, that in other Courts he
would hardly be admitted to stand forward on the
ground of his own fraud and perjury; but from the
peculiar nature of matrimonial causes, and from the
general rule of practice in Ecclesiastical Courts, they
thought themselves bound to reyene the decree ap-
, pealed from, and admit the libel to proof, which was
I accordingly done."

A shocking instance of barbarity lately took place
near Dunbar :—A young woman, who had sat
cit connection with a young man in the nsighbour-
hdod, uas delivered of a child, wl.ich she kept mai-
cealed for two days in the kitchen, and aiserwards,
to avoid detection, had thrown it away, cut and
mangled in different places ; a boy, while belt hip
found one of the legs, which appeared to have teen
broke through a little below the knee joint, and the
flesh wholly torn away from the uppei part ;—the
mother was corning past from Dunbar at the time
the boy found it, who "hewed it to her, aEd she
desired him to bury it. She immediately absents.
ded, and hat since been seen at Din s!, it is supposed
on her way to England. The trunk was found in a
barn near the house where she resided ; and what is
renirkable, a carrion crow had get of its aro s,
torn off from the shoulder, an.l was in the set of
flying away with it, when it let it f.. 1 close by the
father's side' who happened at the time to be pl-ugh.
ing. The head has not yet been found. Me. Eavryers.
town-clerk of Dunbar, made evarieserties to deem
the worr.aa when be beard of the chenstasees.