Star.
London, England, 1813-02-05 00:00:00

BARBADOES, JANUARY 3.

His Majesty's ship HERALD arrived on the 29th
Ult. froth Halifax, with the Sir John Sherbrook and
the Tartar, The Hope, SMITTAR, arrived two days
ago. Seven sail of the convoy are missing : they
parted, three days after sailing, in a very heavy gale.
Oh the 23d, his Majesty's brig OPPOSSMI saw a pri-
vateer about 30 miles S.E. of Barbadoes, which
escaped by superior sailing ; since then no privateer
has been heard or• seen in the neighbourhood of this
island. The HEARLD sailed this day for Jamaicai
with the Sir John Sherbrook and Hope under convoy.

It is reported that Admiral DOMETT and Sir Jo-
SEM Yoxice are, from ill health, to retire from the
Admiralty ; and that they are to be succeeded by
Admira,l DURHAM and Sir CtimaLF.s HAMILTON.

Captain DuralAs) late Commissioner at Bombay,
is appointed Commissioner of the NAvy, in the room
of the late Captain SCHOMBERG.

The subsequent communications were posted yes-
terday aftern on at I.Loyn's :
" MALAGA, DECEMI34i.R 26.
" An Engliits ship with a brigantine and pieta of the sime
nation, have been wrecked in our harbour.

" The Robust, from St. Michael's, which was taken by the
Mars American privateer, and given up on the t►th ult. after-
wards fell hi with the Loire and Pique frigates in search of two
French frigates, of ivirch they had received:ntelligarce."

bnie;itE ArrE.trieittiiit

Attempts to suppress any publication by the lliiic
chase tf copies seldom succeed, as the Perintis Y* id
could be engaged in sttph a tr.iffit can hardly be
bound by such in engagement: If We may
statement given in a Morning Paper; this seeing id
have been amply verified in regard to the FaMout
Book whiCh a celebrated Character prepared for pa.
lication, bit which for some reason was suppressed.
Our Readers will remembei-, that in the beginniiit
of the year 1808, a person who was then Editor di
Sunday Paper gave public notice, that he was in Pot:
session bf what was termed the &fire* Inciellifalioii
and that it would be forthwith laid before the ptibliC.
Upon this an information Was drawn up, with affidal
vitas, by the Crown Lawyers, as the ground of a thd.
tion in the Court of Chancery fdr an Ittjtinctionl and
these were filed.

The- Information add Affidavits set forth, that ifs
consequence of certain allegations against ah
trious branch of the Royal Family, his MAJZSTY had_
been pleased to appoint a Commission to inquire into
the truth of the same, and that examination! of wit-
nesses had taken place, and a Report been made td
his MAJattY thereon, upon which his Royal pleasure
had been taken, and the *Bole proceedings on the
case had been, by his Maiesrt's commands, placed
athong the Records of his Privy Council, as contains
ihg ;natters highly important to the State. But that
information had been given to the person making the
affidavit, that a copy or copies of these proceedings
had been surreptitiously or corruptly obtained, and
that the same was about to be printed, although the
original belonged of right to his Maiesrr ;—and
therefore praying that an Injunction might be issued
against the publishing of the same by the said
The noition was accordingly made, and the case
heard in the Loan CHANCELLOR'S chamber; and
after reading the affidavit, the Learned Lord ordered
that an injunction should issue until answer was
made, or further order.

This being obtained, a negociation is said to bait
been opened with the individual possessing the copy;
by a natal Baronet, lately returned from an espial:
tioti, and the copy was pur4hased at the price of st
thousand guineas, with all expences, Upon conditiod
that all the copies should be delivered up, and that
the individual should desist from putting in any art-
swer to the injunction. The bargain was concluded;
the copy given up, and the injunction remained with:
out answer.

List week, however, notice was given by a Noble
Lord, and a respectable Solicitor, that the same per:
son, now a prisoner for debt, was ineditating die
publication of the same identical work. Thanks were
given for the information ; but report says, that it is
now considered as idle to expect, by any cbmprO•
mise, to suppress a publication whit!' is so eagerly
looked for, and which is considered to be so much
itore curious and important than upon perusal it
might be found to be, and therefore it was said that
the person might io as he pleased. It is possible,
however, that the Law Officers may have interfered,
as we know that the record e, f the proceeding in
Chancery, in February, 1806, was sent for, by which
it was ascertained that the injunction against that in:
dividual remains in full force.

Tuesday, at a very numerous meeting of Dissent.
ing Ministers, of the three denominations residing in
London and the neighbourhood, especially convened]
it was unanimously resolved to renew their applicat
tion to Parliament for the repeal of all penal statutes
now in force, which affect the subject of religion.
We are sorry to learn, that her Royal Highnest
the Duchess of Atiooti/Attie is so seriously indisposed;
that her Physicians did not think it right to permit
her to attend her MAJESTY'S levee,, yesterday.
During the cavalcade to St. James's yesterdays
a poor buy, driving a country waggon, was knocked
down by the pole of a Gentleman's carriage—the
wheels went over his thighs, one of which was broken;
and he was conveyed to an hospital:
A carman was yesterday brought up to the Man:
sion-house, charged with carelessly driving, by which
a fatal accident took place on Saturday night. Mrt.
DENNISEYi of Upper Thames-street, was crossing
Cheapside, when the prisoner was riding in a wag.
gon, and driving it with great rapidity; by which shb
was thrown down, and one of the wheels went Oter
her, by which she had a thigh broken, and was Other.
wise so much injured, that little hope remains of her
recovering.—He was rounded till the result of the
disaster is ascertained.

As Mrs. PRIME WAS preparing to go to bed, be-
tween two and three o'clock of the morning of New
Year's Day, her night-dress came in contact with a
rush-light that was burning in the room, and wat in-
stantly in a blaze. Notwithstanding this alarming
situation, Mrs. PRYSE had sufficient presence of mind
to ring the bell; but, unfortunately, the almost irn=
Mediate assi3tance of a servant had only the effect of
preventing instant death.

CORN-MARKET, MARK-LANE, FEB. 5;
There are a few fresh arrivals of matt sorts of t.,•ain th-cley,
and the trade in general dull in gale. Wheat rather gives way
in price. Barley at a farther reduction die. per (parer. Malt
nna l'eas support the list quotation. Beans a tr.& lower.-
Having a go.d supply of Owl, and Mu few blyers, saks ari
ranted atout 2s. per quarter lower Ftuur at late price!.
English Wheat 60s. 190 s. 114 s. I Potatoe ?kw, 495. 525.
RapeSigel £5O, ,C 65 Or last.
Fine dtto, 120 s. 190 a
Foreign do. 1.115..1221. linseed, 90s. 138 s.
Rye 741. 781. Lhoiatider do. pet cwt. 345.42 a.
Barley 565. 71s. Caraway, ditto, 664. 90a.
Malt 1001. 1 Idg Canary do. 935. 113$
Ditto fine Ware, lies. White Mustard, 20s. 2110. ,ii
White Peas (boilers) 98s. 110 s. bushel.
Grey. ditto, 140.. Us. Brown do. 241. 32s
Beans, 7d5. 655. Clover Seed, white; i)eir cwt.
Tick ditto 70s. 75s P 55.1455.
Oats (feed) 30s. 383. 445. Ditto, red, 708. 1351.
Poland ditto, 425. 48s. Tares, per butte!, 12s. 221.
fine Rout 105 a. to 110 s. !.ec6ds loos. to 1051. per sack.

a

L. 4117 INTEI LICENCE.

COURT OF CHANCERY, FEBRUARY 4.

WILKINSON V. ADAM AND OTHERS.

The LORD CHANCELLOR read from a written paper
%he judgment of his Lordship, ar.d his associate
Judges of the Common Law, upon the construction
of certain words in the will of the late Mr. John Wil-
kinson, of Staffordshire, who died possessed of real
and personal property to the extent of near one mil-
lion sterling, leaving issue three illegitimate children
only. The words founding the difficulty were the
following, viz. " To such children as I have, or may
have, by Ann Lewis." Mr. J. Wilkinson, the ne-
phew, was 22 years of age when he began to reside
with his uncle, as companion and assistant in his bu-
siness, and continued with him for ten or twelve years,
without any remuneration; and none was insisted
upon, as it was understood by himself and others,
that the nephew was to be the heir, or devisee and
legatee of most, if not of all, the uncle's property, the
latter having no children of his own, though his wife
was living. Theuncle, however, mien about the age
of 72, happened to meet with a servant girl, of the
name of Ann Lewis, at the lodgings which he occu-
pied in Thavies Inn, when in London on business.
This girl he took to live with him, and by her had
three children. To these three children he left the
whole, or nearly the whole, of his property, real and
personal ; his nephew having only the chance of
succeeding to it, in the event of the death of the
children, dying without issue.
It was contended, by the Counsel for the plaintiff,
that the testator might have in contemplation the
death of his wife, and an after-marriage, as well as
legitimate issue, by Ann Lewis, with whom, under
various decisions in Coke, -- Williams, Vesey, and
other Reporters, the present illegitimate children
could not participate in the devise of real estates
under any circumstances.
The judgment, as to the devise of the real estates,
was pronounced in favour of the illegitimate children,
to whom the defendants are trustees under the
The remainder of the judgment, respecting the per-
sonal property, was postponed till Monday.

COURT OF KING'S BENCH, FEBRUARY 4.
PARLIAMENTARY PRIVILEGES.
SIR F. BURDETT V. EARL MOIRA.
The SOLICITOR GENERAL, in this case, wished to '
move their Lordships to appoint some day in the en- '
suing term for the trial of this cause. Their Lord-
ships would easily see the reasons for the Noble de-
fendant being anxious to bring about a decision. The
Noble Earl was about to leave the kingdom on im-
portant public services; and previously to his depar-
ture, he was naturally desirous that this proceeding
should be set at rest. A day had already been ap-
pointed, but circumstances then occurred which pre-
vented the trial from being brought on.
Mr. Justice LE BLANC-44 But did not the trial on
that occasion go off by mutual consent ?"
Sir W. GARRUW-64 No, my Lord ; it was'in con,
sequence of a defect of Jurors."
Lord ELLENBOROUGH ••••gi Oh, then you must have
a Rule to shew cause."
A Rule was accordingly granted to shew cause
why an early day in next Term should not be ap-
pointed for the trial of this case.
PURCHASE OF CONDEMNED VESSELS.
On the motion of Mr. PARKE, a rule nisi was
granted to shew cause why a mandamus should not
issue to the Collector and Comptroller of the Cus-
toms, directing them to grant a licence for a register
to Messrs. M'Cauley and Babington, for a ship called
the Merseed. Mr. PARKE stated, that the ship was
condemned at Sierra Leone, as a good lawful prize
to his Majesty's garrison at Senegal, by the' Judge of
the Admiralty of that -place : he stated that all the
necessary documents, as required by the statutes 26
Geo. 111. c. 60, s. 25 ; 43 Geo. 111. c. 60, s. 42 ;
and 45 Geo. 111. c. 7, s. 9 ; had been presented to
the Collector and Comptroller, but those gentlemen
refused to grant the licence, without assigning any
reason ; on application to the Commissioners, they
refused, alleging as a reason, that it was a foreign-
built ship, and condemned for a breach of the Slave
Trade Acts, and therefore not within those statutes.
FRAUDS ON THE AD:JITIALTY.
Gawkr, Howard, Shileld, Saddler, Matthew:, and
Farrell, were, on the motion of the Solicitor General.
brought up for judgment. It appeared from the in-
dictment, and notes of the evidence as read by Lord
Ellenborough, that the defendants were indicted for
a conspiracy to deceive and defraud the Lords Com-
rniss'oners of the Admiralty, by forging certificates
that certain persons were borne upon the books of his
Majesty's ships of war fer a much longer period than
they did serve, in.order that they might obtain the
pensions allowed to the out-pensioners of Greenwich
Hospital. There was one indictment against Gaw-
ler, Howard, and two others, who did not appear ;
and separate indictments against the other defendants,
who were sailors, who had thus fraudulently obtained
the pensions ; and in each of those indictments Gaw-
ler was a defendant. It appeared that Gawler was
an extra clerk in the Admiralty, and that it was his
business to draw out the certificates, and insert cor-
rectly the time of each man's service on board his
Majesty's ships, and then to hand the certificates to a
superior clerk, who signed without examination.—
Gawler on several occasions, besides those on which
the indictments were brought, had either forged the
whole of the certificates (as well the name of the clerk,
as time of service) ; or, after filling them up falsely,
brought them to the clerk to sign ; for forging such
certificates he received .£5 lOs. 6d. or £6. Howard
acted as jackall, and found out persons who had serv-
ed some time in the Navy, and who could give the
sum required.
Gawler put in an affidavit, in which he acknow-
ledged his guilt, and threw himself on the mercy of
the Court. He stated, that the 1# fence of which he
had justly been found guilty, had resulted from his
having been plunged into pecuniary difficulties. He
had laid his case before the persons who held his
bills, and undertook to pay them 10s. in the pound,
at the rate of £lO per (palter, and that too out of a
salary of £75 a-year. He had thus overwhelmed him-
self with accumulated diflicultie,, from v:llich he saw
no visible direct means of extricating himself, and
at the same time his wife end family, consisting of
three children, were in a starving condition, little

short of obsolete want. These were the difficulties
that had induced him to deviate from that path of
rectitude, in which he had previously walked; and to
forfeit that good opinion which he had obtained by
his conduct for six years in the office which he then
filled under Government.

The Somerion-GEnnam. stated, that the offence
was of a most serious nature, but that it would be
unnecessary for him to detain the Court, as from the
circumstances of Gawler being under sentence of
transportation for seven years, for obtaining money
under false pretences, the Court had scarcely any dis-
Cretion as to the punishment they would inflict.
Mr. Justice LE BLANC, in pronouncing sentence,
dwelt on the lamentable consequences and enor-
mity of the offences .of which the defendants had
been convicted, and on the high breach of confi-
dence of which Gawler had been guilty towards
his employers, as lie said, in consequence of his
improper and unjustifiable conduct. The sentence
of 'another Court, prevented the Court of King's
Bench from properly marking their sense of the
offences ;—but, however their power might be li-
mited, they felt it right to do every thing possible
on the part of the Public, and that might operate as
an example to others, to deter them from pursuing
any similar courses. The sentences of the Court on
the several defendants were—that Gawler be impri-
soned for the space of one month, in Newgate, for
the first offence, and that during such time, he do
stand once in the pillory for the spade of one hour, in
the open space before the Admiralty, and that he
be publicly whipped for the space of 100 yards in front
of Greenwich Hospital; and that for each of the other
offences he be imprisoned one week in Newgate ;
that Howard, as he was a sort of agent to Gawler,
whereas the others might be looked upon rather as
victims to his arts, be imprisoned in Newgate for the
period of twelve months ; that Sheffield and Saddler
be imprisoned for nine months, in Cold-bath-fields;—
and that Farrell and Matthews be imprisoned 'for
nine months, in the house of correction in Horse-
monger-lane.

COURT OF SESSION, EDINBURGH-FIRST DIVISION,

JANUARY 21.
BUCHANAN, &C. v. MORISON, &C.

This was a question of aliment, of considerable im-
portance, in point of law, and a new case. The pur- '
suers are two aged women, one 90, and the other 70
years of age, the grandmother and mother of the de-
ceased Walter Buchanan of Balfunning, in the county
of Stirling. Mr. Buchanan died without issue, and
intestate, and his landed estates, which were worth
from £20,000 to £30,000, by on of these fortunate
circumstances which sometimes happens, devolved
upon the defenders, Captain William Morison, of the
43d regiment of foot, and Andrew Leny, late a Ser-
jeant in that regiment, both very distant relations of
Mr. Buchanan. While Mr. Buchanan lived, he
maintained and supported the pursuers, but by his
death they were left utterly destitute ; and having
been advised, that, upon principles of law, they were
entitled to claim an aliment from the defenders, as the
representatives of the late Mr. Buchanan, they there-
fore instituted the present action.
In defence it was pled, that the parties, viz. the pup.
suers and defenders, were totally unconnected by con-
sanguinity or affinity. There exists, therefore, no
debitum naturale, in virtue of which the present action
could be maintained. If the claim of the pursuers
had any validity, it must rest on some principle or
established practice in the municipal law of the coun-
try, in consequence of which a party inheriting an
estate becomes bound to implement every debitum
naturale that would have been incumbent on the last
proprietor of the estate.
For the pursuers it was argued, that their aliment
was a subsisting obligation on the late Mr. Bucha-
nan, at the time of his death. It was clearly an one-
rous obligation ; because, if the pursuers had brought
an action against him in a court of law, and made
out the necessity of their case, they would have ob-
tained a decree against him for a reasonable aliment.
As, therefore, these defenders represent Mr. Bucha-
nan, they are, in that view, liable for his onerous
debts, to the extent of the estate to which they have
succeeded. It is said, however, that' this debt never
was constituted during the lifetime of Mr. Buchanan,
and, therefore, that it cannot be brought against his
representatives. The pursuers denied the relevancy
of such an argument. A representative is liable for
the debts of his" predecessor, whether these debts have
been constituted during the lifetime of their prede-
cessor or not ; and in this case, the pursuers could
not bring an action against Mr. Buchanan, because
his own proper feelings rendered 'an action unneces-
sary. So long as he continued to supply them with
what was necessary for their subsistence, they could
not be said to be in such a situation as entitled them
to insist on an action of aliment.

The Court were of opinion, that the obligation of
aliment, though depending ultimately cn the law of
nature, was of such a kind, that it could have been
enforced against Mr. Buchanan in a court of law,
but it would have been most ridiculous for the pur-
suers to have constituted it against him while he was
fulfilling the duty rebus et factir. This was called a
debitum naturale, but it was not on that account the less
a debt. It was not indeed constituted by bond or bill,
but it was constituted by a much higher authority.—
The Lex naturale must be inferred, unless there was
something in the municipal law, which mas against
it. The Court, therefore, repelled the defences, and
found the defendants liable in aliment.

HATTON-GA RDEN. --Yesterday a coal•merchant
attended, by virtue of a summons, to answer a com-
plaint, for selling coals in sacks not of a legal mea-
sure; which being his second offence, he was con-
victed in the penalty of 40s. and costs.

Wednesday evening, about seven o'clock, the ware-
house of Mr. T. West, in Castle-court, Lawrence-
lane, Cheapside, was broken into, and a great quan-
tity of waistcoat-pieces, and several articles of milli-
nery, to a great amount, carried off.
Apprehension of the Murderers of Mr. WEBB and
his Servant, at Roddenbury, near Frome.—The per-
petrators of this atrocious murder were apprehended
a few da) s ago, near the spot where the horrid de.lu
was committed. They are two young labourers,
named Rueldock and carpenter, neither of whom has
yet attained the age of twenty, and were natives of
the neighbourhood. Immediately on their apprehen-
sion, the latter turned Ring's evidence.