Star.
London, England, 1806-07-10 00:00:00

RAW /A 7 ELLIGIIACE.

SUMMER ASSIZEB.—OXFORD CIRCUIT.
Mr. Jonice L4wrence, Mr. Jolliet Le Blanc.
Bak nil re—Moi ida y, lady t. 3' Abingdon.
r startlrSir...-Wedb. Way. July 23. at Oz(ord.
Women, rthire-...Saturday. July 26, at Wort-titer.
City of Woreeller— I he fame day, at the City of Worceller.
Renteefterfhit ..Werinettl:y. July 3c, at Oloueefter.
City of Gloucell,r—The fame day, at the City of Gloucefter.
Nlosistouthltirt -.Saiurday Auguß 2. at Monmouth.
lierelordthirt—Tuefday, Auguft 3; at Hereford.
Shropfitinatarday, Auguft 9, at Shrevabury.
malfordihire.-Wednefdar, Auguft 11, at Stafford.
BRECON CIRCUIT.
The Hnn. George Hardinge. Abel hloyfey, Efq.
Pretteigne. • and Auguft tt.
Errem--daturday, Auguft 16.
Cardiff...Sato, day, Auguß 23
• CHESTER CIRCUIT.
Robert Dallas, And Francis Bnrutn, Ekes.
%'..Notgometylbire..-Argult .6. at Welds
i.igidtalre—Augult as. at Ruthin.
I ...flaire—.Auguft .6 at Mold.
C:...thire-....September 3. at the Caftle of Chiller.
CARMARIOEN MLitt
runner —Monday, Auguft t t. at Carmarthen.
Odre—Satorday, Anson tit. at tlayerfurdweft.
gre....Friday, Anna 22, at cadigsn.
COURT OP KING'a BENCH, JULY I.
PkRIBERTnIi O. P 2112111,27011.

Cara.:
Pfmt

This was an due direaed fn m the Court of Chan-
eery, tor the purp. fe of ellablifhing, nr rendeting
invalid, a will, alledged in be that of Owen Smith
Chen, of Cnadover Park, Berkfhire. The queflion
had been twice tried, fore, and a verdia had been
found, na both necaffnns, for the Plaintiff. The dry
legal enquiry wit. this : whether the will itfelf was
cancelled before a certain codicil, purporting to be of
that will, was executed ? Much of the learning of the
bar was concerned in this carafe; Metres. Garrow,
Milnes, sad Wilfon, foe the Plaintiff ; Sir Vicary
Gibbso-imid Melfee. Topping and Dauncey for the
Defendant. affißed by feveral Gentlemen from the
Coar: of Chancery.
A Mrs. Carey, alias, Mrs. Logan, a Lady arrayed
in all the embellifhments of Parifian tafte, was a prin.
cipal wittsefs. ftte having lived with the teilMor, and
being with him at the time of his deceafe. The will
had been deporited in a clofet adjoining to the fplen•
did library of Condever Hall, and the codicil was in
a .writingiamble of the fame apartment.
The It ow. Forrefter Layton was examined as to
the talents of the tellator, with the view to afeertain
if, from his general knowledge, he was acquainted
with the legal elite of his own a6s, as the will was
in two parts, the one of which had been deftroyed.
The witnefs faidohat Mr. Owen Smith Owen was
educated at Winchefter School ; that he afterwards

went to College ; and that, in the earlier part of his
life, he was much devoted to literary purfuits, and
that in his manners he was an acennsplifhed and per-
• fed Gentleman. Being intettogated as to his vera.
city, he laid, that he was greatly in the habit of fell-
tontradiftion, and he was-forty to fay of a deceafed
friend, that he frequently affirmed the (lima con-
trary one day, of what he had afterted the day pre-
ceding.
Ipt Lord E LLLLL ()loop re.—" I thought, Sir, you laid
that the teftator was an acconapliffied and paled
Gentleman 1"
Mr. Forrefter Layton—" Yes, my Lord, with this
exception to that character."
Without detailing the whole of the evidence, we
Sall content ourfelves with the abflraffi of the quef.
tion, as fisted by the Noble and Learned Judge.
Lord E LLLLL oaotrom —a This is an iffue direffied
from the Court of Chancery, to try if Owtn Smith
Owen, by a certain writing, deviled certain enacts.
The will is executed in duplicates ; the one part re-
maining with the teftator, the other depofited with
Mr. Edward Pemberton. of Shrewfbury. I concur
with the law, as laid down by the Learned Conniel for
the Defendant, that when a will is made thus in dupli•
cares, the alteration of the one part is legally confi.
dered the alteration of both ; and if one part be de-
• 'Toyed, then the other is to be confidered as invalid
and nugatory. But when a will is cancelled, it is
;habit that its validity may be (encored: it may be
hewn that a man, intending to deftroy a worthlefs
piece of paper, threw his own will into the fire; it
may be proved, that after the folemn execution of
his teflament, intending to apply fend to the figna.
tore, he cart the contents of the inkfland over the in-
Rrument ; fo that there moll not only be the sta of
cancelling, butthere mull alto be the anima cam-el/am&
In this cafe, the will is aelually cancelled; that is,
one part, whichn the confituffiion of law as abfo-
lutely destroys the counterpart, as if that alto had
been cancelled in the fame manner ; and if this took
place after the codicil was executed, the entire will
is (wept away. The material point, then, for your
confederation it, at what period the will was cancel.
led, with relation to the time when the codicil was
executed; for if the will were cancelled prior to the
execution of the codicil, the will is again refiored by
the codicil. • And I hereby confirm the fame will,'
are the concluding words of the codicil ; fo that the
publication of the one is a republication of the
otlter."—(His Lordllup here entered into the twill'.
cullers of the evidence, as far at they were applicable
to this quellion, applying, is lie proceeded, the pt in
ciples of cuminnu cenfe and natural reatan to the
tabs of the cafe.]
The Jury having retired for ten minutes, returned
with a methct for the Plaintiff.
Lord E LLLLL mama •••••" The quellion left to the
confideration of the Gentlemen rat the Jury, is saga ;
if the cancelling of the will took place before the
codicil was executed !"
The Fotteasam of the Jury—" My Lrrd, we enc.
rider the cancelling of the will to have la:en pt i,rr to
ttae codicil."
wM. STIIINITT V. SOBSTOII LONG, ■SQ

The Plaintiff is a Leffee of the city of LeMsdon, for
the landing and tipping of the goads of Aliens ; the
Defendant Treafurer of the London Dock Corn.
pan? s and the tole quellion was, whether on a bun-
dyed bags of wool, landed at the quay of the London
Dock Company, the Plaintiff was entitled to the
cußomary charge of the Alien Porters under his
kale ? The charter of the city, in the time of Charles
I. was read, recogniaing a preceding charter in the
third year of Henry VIII. Among the witneffes
broneht forward, was a Mr. Lafh, aged eighty-Gs
'cash who was Arndt blind, and had entirely loft
the oft of his limbs. He depofed to the right of the
Alien PIAIIM to the charge upon landing the goods
Ahem, from Ratcliffe charge
tolroo Gate, through

a period of Gisy.ll:ven years. On antthjeliinn being'
aken to the words of the decimation, it was agreed,
hat a nonfoit thould be entered, fubjeft to a cafe to
be argued next 'rani.
Mr ADAM, for the Defendant.—" With liberty,
my Lord, to turn the cafe into a fpccial ver.lift "
Lord ELLINWIROUOI4" Yes, if the Court awl'
Fink fit."

JULY 8.•••••Titt LINO V. WILLIAM miaow UMLAUT.
This cafe has already beer. feveral times before the
Court. It is an indielment aphid the defendant at
the fait of one ((olivellet for peljury, alledged to be
committed as an affidavit for holding Rouvellet to
hail. Konyaler is the man who profecuted Eliza.
bah Barnett at the Old Bailey on Saturday LR lor
an alledged robbery. He has alto held Mr. Durant,
to bail for ao,ocol. and is himfelf now under cullody
for a charge of forgery, for which he is to be tried
at the next Dorf t Affixes.

This caufe came on to•day before a Special Jury,
appointed on the part of the defendant. It was ad-
journed from yetlerday,fn purfuance of an affidavit
made before the Court b'y the Profecutor, that he
was not prepared to proceed to the trial, nccafioned
by his Attorney having defected both Lim and his
caufe, and which Mr. GARROW, as Counfel for the
Defendant, readily contented to, in order to attend an
opportunity of entering fully into the cafe.
'l' he profecutor appeared in fetters. He (fated, that
he was a native of St. Kitt's in the Well Indies. lie
came to England in 1803. and landed at Liverpool.
On the 4rh or sth of January, 18os, he went .to the
houfe of Dorant, with the above young woman of the
name of Barnet. She was not his wife, bin, for the
fake of decorum, he Coffered her to take his name.
In June they quilted the houfe, after payment of :he
bill of as2l. the whole he owed the defendant. The
receipt the defendant afterward. nr,
with other papers. He went to °Bath, and returned
to London alone in the month of April following.—
At Bath he lodged in feveral hotels, and jolt as he
was going away had private lodgings at Madame
Simeon's. He flopped at Hatchet's in Piccadilly,
where he was arrelled at the fuit of Mr. Davis, a
Jeweller, for various articles, to the amount of 6 or
7ctol. he was carried to a lock tip hook in the Strand.
Dorant came to him, and offeted to get his attorney,
Mr. Richardfon, to procure his liberation, a propo-
fal to which he unfortunately contented: he gave the
attorney !oh for his trouble. He returned to Bath,
by Dorant's advice, to bring up Come jewels fent him
by Davis, which had not been ordered. He got the
jewels, but did not return them to Davis, becanfe
Dorant in the mean time locked him up. Dorant
had no foundation for any debt againft him, except
the one he had paid. On his ere-di-examination by
Mr. GAIIIOW, he Paid, be gave Dorant no order to
pay money to Mrs. Simeon for him. He had receiv-
ed his own bill. It was paid to his waiter, in the
pretence of Mifs Barnet. He was aflonifhed, when
Dorant polkaed himfelf of all his-property, and be
brought an anion in trover again[ him for 22,0001.
He did not procure Mifs Barnet to be arreffed, be-
caufe fhe came to Somerfetlbire, to give evidence
againti him for forgery. He admitted he had threat.
ened to arrelf a Mrs. Baker for 22,0001. fur with-
holding his trunk containing papers. After a good
deal of cruft•examination, Mr. Gaaaow produced a
paper, which the witneft acknowledged to be his hand-
writing. It was read, and turned out to be an ex-
peels authority to Mr. Dorant and Mill Barnet to
fell his aces by public citation, aad apply the pro
duce in payment of his debts.
Lord E LLLLL (rewrote raid, that after the Defen-
dant bad pofitively (worn he had never given any au-
thority to Dorant to fell his property, an affection
which was contradicted by a paper in his own hand-
writing, it was impotlible to pay any attention to his
evidence. _ _ _

Mr. GAILROW produced a (mind authority from
Rouvellet to Dorm to fell his Orals.

Lord ELLS/1101000H obferved, that upon an in.
dittment, charging fuch great criminality as the pre-
fent one, it was impoffible to rely on the evidence of
a man, who had to manifefily contradieted himfelf.
It was far from his with, by any obfervations, to
be:a hard upon the prufecutor, who was about to un-
dergn a trial of In ferious a nature. He fbould only
Bate, that upon Inch evidence the prefent Defendant
could not be called upon for any defence.—The pity
inflantly returned the Defendant—Not Guilty.

COURT OF COMMON PLEAS, JULY s.
JtIYI.O. 1,401t1.
This was an affirm to recnver damages for Bander-
ous words fpoken by the defendant, Col. More, rela-
tive to the plaintiff's condua at a Court Martial held
at Exeter, for the purport of invelligating the con
duel of feveral Officers belnnging to the Bedfordfbire
Militia. The fiats of the above tranfation have been
amply detailed. In the prefent cafe, the Learned
Judge was of opinion that there Was not a fufficient
ground of anion, and that it could not be fultained ;
the plaintiff conrequently loitered a nonfuit. His
Royal Highnefs the Duke of York fat on the Bench
with Sir J. Mansfield, and feveral dirlinguifhed Mili-
tary Officers were in the Conrt to hear the cattle.

JULY 4.--S4I.L 4. •NLLLY AND SMITN.
This was an sato of trefpals againfl the Sheriff. of
Middlefex, charging their officers with haviag corm ed
the dwelling haute of the plaintiffin Albemat le greet,
and there &attaining on Its. furniture, as being the fur-
niture of one Henry Noclomd concluding againtl them
for damages to the amount of the effetis carried off.
It appeared in evidence. that Mr. Ball, the plaintiff,
bad peocurad theleafe fff the houfe in quellion,md had
alto, no his own credit. pr.teured it to he Int nifhed to
the *steal of 18001. From a particular regard to
Mrs. Noel, the artitl, wile of Henry Nocl,with whom
the had not cohabited for 16 years, and to whole
elicit daughter, it appeared, the plaintiff had lately
rasa married, he allowed Mrs. Noel's same to be on
the door.

Two different tradefmen, it appeared, who had
made furniatisig. to Mu. Noel, or on her credit,
knowing he► to he a married woman, brought their
aeions againti Hekry Noel, her hulband, who had
never been within the houfe, and, on his failing to ap
pear, took nut fix different rkfiriesafes, to the amount
of 4001. by which they (wept away the whole proper-
ty in the bottle, amounting to upwind' of I,Bcool. be
fides tome valuable paintings of adr.. Noel's.
On the part of the defendant it was !hewn, that in
making returns to the Mi:itia, Mr.. N•KI was held
nut as the houreholdcr, and that the baker, htewer,
kc. regal-JO her iu that light. Therefore, that the

appartrt transfer of the property to het being fuck
as was :alculated to procure her credit, the bottle
and furl inure mull be efteemed hers in the eye of law.
Sir Jo Mrs MANSFIELD fpoke in very firong terms
of the improper advantage which had been taken in
this cafe under the form of law, in converting a legal
proceeding into a nick, by which, through mere
fiai, r, goods with which the defendant in the origi
nal adli,at could have no concern, having never been
in the place where they were, fhould be conceived
his property, while an advantage was given to his
creditors which they could never otherwife have poi:
Idled, in which, had appearance been entered for him,
they mull have failed. This advantage had here
been converted into a moil infamous robbery, by
which, for vol., effees to the value of ~Root. had
been carried off. Still, however, if the law was
wrong, that was not imputable to the party. The
quefijaa was, if Mr. Ball, being himfelf unqueflion-
ably the original proprietor of the goods, fo far left
them, fraudulently, in the polreffion of Mr. Nod, as
that, through them, the mull naturally have pro.
cured falls credit.
The Jury, after retiring for tome time, fent one of
their number to inquire if, on their funding for the
plaintiff, he would be willing to take beck the goods,
with the damage arifing from their removal ? Being
anfwcted in the affirmative, they again deliberated for
a Bunn time, and returned a verdiel for the plaintiff,
with tke exception of the pidures.

COURT OF CHANCERY, JULY S.

H•NKIN V. 11[0061111:AD.

The Lotto CHANCELLOR determined this long de.
pending cattle refpelting the interells of the parties in
A light.houfe. The defendant Broomhead and a Mr.
Smith had been a confiderable time prifoners in the
fleet, upon attachments and other procefs, for not
paying a fum of 13001. to Mrs. Hankin. The fuit had
become fn complicated, that there teemed no probabi•
lity of their ever obtaining their liberation. Lord
Chancellor ERq KIN a however fuggefted a mode,which
was inftantly adopted by the Conflict ; and, upon the
matter being brought forward, his Lordfhip made
an order, the object of which was gradually to dif
charge Mrs. Hankin's demand, and releafe Broom.
head and Smith. It was obferved, that tome delay
would take place beitwe the order could be drawn
up; upon which the Lotto Caancst.t.ne deGred that
his order might commence its rperation immediately.

Captain Coote, who was captured in the Ranger
(loop of war by the Rochefort fquadron in July lA,
arrived at Southampton on Wednelday tail, in the
Kitty cartel, from Morlair, on his parole, to be ez
changed. Capt. Coate was confined at Tours, the
capital of Tonraine, where he lett, on the tzth of
Jane, Capt. Brenton, of the Navy ; Dr. Grey. (of
the Navy) and family : Do tors Morgan and John.'
fon, and feveral other prifoners of dillinflion, quite
well. His health was fo impaired by being confined
fiz months on board the Majellueuz and Suffrage,
that he came from Tours to Nanta, down the Loire,
in a fhallnp. He was a witnef,, whilit on board
the French Admiral's (hip, of the brave defence
made by the Calcutta, Capt. Woodruff, which was
captured by the fame lquadron. They were fiz
months at lea, betides the le days they were water.
ing at Tenerife and at Vigo. At the tall place Capt.
Conte law the two French and one Spani(h line of
battle (hips, which Sir Robert Calder beat. They
were rendered quite unferviceable, as there were no
docks at Vigo in which they could be repaired, and
it was impoffible for them to go to tea without re-
pair. The people of France are prevented by fear
from holding interconrie with our countrymen there;
if they are the lealt fufpetled of it, a gen d'arme
enters the hook, the perfon is carried to the Temple,
and never more heard oft The pay of a French fol.
dier is zid. per day, and his allowance it pound of
bread per day. The Englilh 011icers live at a prodi-
gious expence ; the French, who are wanting in every
principle of honelly, if they fufpea their guett to be
a ftranger, eza& the mon extravagant price for every
article. The Kitty landed nine French Officers at
Morlaix. She was only 17 hours on her 'mirage back
to Southampton.
As the workmen were digging near the Poets'
Corner, Wellminfier Abbey, on Thurlday tail, to
lengthen the fewer, they difcovered a fkull, tome
thigh and other bones, and the lower part of the jaw
bone, with the teeth entire, of a human Ilceleton•—
The place not being ufed for interment, it was con.
jeftured that the bones were thole of fame perfon who
had been murdered. An eminent lot geon was lent
for, who, upon examination, gave it as his opinion
they had been intoned at lead one hundred, perhaps
five hundred years, and that mod probably the place
was formerly ufed as a burial ground. The bones
were evidently thole of a perfon of uncommon faze,
and upon being preffed hard crumbled into dull. The
teeth were petted), and of a large faze
Boar.Racr.—On Monday afternoon a prize was
Hatted for by the Diana, the Phmbe, and the Well-
moreland (three 4-oared clatters), from the Roebuck,
Millhank, through Batterfea Bridge, add back again.
The prize was a laver cup, given by W. Whaler, the
landlord of the houfe, and the boat that (hould gain
two of three heats was to be the winner. The boats'
crews were of that deferiprion which is generally
termed Cutter Lads, that i 4, a fort of pratlical ama•
tents. The company belonging to a 4th boat (the
Apollo) 'tithed to became candidates, but the Welt-
moteland'. crew, confiding in their powerful arm and
naurcular strength, would not agent to the propofition,
on the ground that thefe were too much of profeffi
nal men to Hart among a let of half bred watermen.
'L'he three fell mentioned boats then rowed for the
prize, hut the Diana's men were fa much more waive,
and at the fame time fu cool and Beady, that they
pulled at lull five Itrokes to either cf the others four.
The Weltmoreland and the Phothe were very nearly
equal. and the Diana won the two firft heats, by
nearly thirty boats lengths each time.