Star.
London, England, 1815-11-03 00:00:00

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Liil INTELLIGENCE.

COURT OF KINC.7.'S BENCH, NOV. S.
This day Lard ELLENBOROOGII SAt at Cunha%
for the purpose of trying a few causes that bad hzen
made Remanets from the sittings after last term.

nz

wECIM. IMES.
CURRIE AI)N OTDEEN V. MULLET.
The Plaintiffs, through the medium of a broker,
on the ‘2Sth November, IS 1 la sold to the Defendant
" 30 tons_nt French turpentine, to he imported'
from France with all eanvcaient speed." The name
ut the ship by which the turpentine 1%, .13 conveyed,
according to a note in the contract, was to be made
known to the purchaser, within one month of the
ne of the contract. Between the 27'.th of Novem-
ber and the fht Nlarch, when the turpentine arrived,
the defendant had latcome bankrupt, and refusing
t a take to the contract, the plaintiffs were obliged to
sell the ttn pentine at a loss of 4810, including duty,
for which sun) they commenced the present action.
The ArronN Et-Cs t I.IIA L, On the part of the plain- I
tiffs, having s:ated the case, called Mr. Cleasby, the
broker, who had beinaemployed by both buyer and
seller, who proved that the contract he I.ad oligia
nally made, specified that the turpentine was to be
imported (rem Buurdeaux, but alter communicating
with the plaintiffs, he called upon the delendant, en
the ‘2.oth of November, and either m ith his consent or
with that of his confidential clerk, he could not swear
which, altered the teams to 50 to of French tut--
ire:nine, to be imported from an) part of France.-
Ile was employed to resell it an the I Ith of April,
I Sl5, in coasequence ut the refusal of Mr. Mullet to
acmept it.
On cross exaraination be said, that the at tide had
fallen considerably in price, even Itefore
lie had sometimes known alterations made in the
terms of contracts. The name of the ship wax the Je.,u
liaphaa, and not the San Rafthael, from Bayonne.
A letter of the 26th Deeaumber, from the plaintiff
to the defendant, (accoiding to the provision in the
contract) cononumeated the name Of the chip called
the Jean Raphael. Another of the 3d Much, an-
nounced its :arrival, and a third, of the 7th March,
gave notice, that the plaintiffs should proceed to
warehouse the turpentine on aecutint of the defendant,
not having received any instructioas front him.
The bi:l of lading of the loch y, being
put in, proved the name of the ship to be the Jeou
Raphael, of Saint Sebastian, lying devant Bayonne.
Mr. Cleashy, when recalled, said that he believed
ere ship was Spanish, and Mr. '!'orate:, as Counsel
for the defendant, took .411 objection unuer the Na-
vigation Act, 12th Ch. 11. c. IS. that as the goods
were French, it was necessary that they should be
imported either in a French or in a lb itish bottom,
and nut in a- Spanish vessel, which the San Raphael
appeared to be.
ATTORNLY-CENERAL submitted, that the bill
of lading preyed the ship to be Fm itch, sufficiently
for the purpose of this action. lie believed, however,
that turpentine was one of the exca•pted at tides in the
Navigation Act. De could es:al:la!, that it was the
plucuce every day at the Custonabouse to admit
Spanish ships laden with turpentine to an entry, and
it it were net one of time excepted at tides, he was per-
suaded that sone subsequnt law had been passed to
allow its tree importation.
Lord EaLearantot.Gll, alter referring to the net of I
Charles It. and not finding turpentine one of the ex-1
ceptei articles, did not nopsuit the plaintiffs r• but
reserved the point fur Mr. 'l'appittg, being of opinion
that the importation iu vestals of any nation had been
ponlitted since the passing of the Navigation Act.
• Mr. TOPPINU 114 AL objected, that by the terms of
the contract, the plaintiffs were to supply, specifi-
cally French turpentine, whereas no proof of that
tact had been given. It was also undertaken, that
it should be supplied with all convenient speed. but
• it was in evidence that though the contract was made
in November, the turpentine did not in till Match.
Lord ELLENLONOLUD held, that unless it were pe-
remptorily proved that the turpentine in question was
french turpentine, he must nonsuit the plaintiffs.—
What was to be coLsidered ecnvenhni speed was a goes-
tiun for the• Jury.
Mr. Cleasby being recalled, said he thought from
• the packages that it was French turpentine..
Lord ELLENnoitouon—Thu packages Wing French
will no more establish it to be Frencn turpentine than
it would prove an Englishrean to be a Frenchman,
kocause he happened to wear a Fiend! coat.
Mr. Soames, another broker, who had inspected the
turpentine, swore positively that it was Fiend'.
Mr. Toemnac argued, that the plaintiffs ought to
produce the Captain of the San Raphael, as time best
evidence of the fact.
Lord ELLENUOROUGH observed, that the testi-
mony of witnesses, who spoke from their skill after!
inspecting the goods, was constantly received in the
Exchequer, on questions regarding articles from
Persia, &c.
Mr. Soames added, that he never beard of turpen-
tine being the produce of any other countries than
Fiance or America. The name on the vessel was dis-
tinctly San Raphael.
With regard to the point, whether convenient speed
had been used in the shipment of this turpentine, Mr.
Barry, a ship-broker, deposed, that the usual voyage
across the Bay of Biscay was 10 ur 12 days. By the
ship's papers it appeared, that she cleared out on the
ath of January, but she might be detained in the port
by the bar of the lialla
.nir.
U Lord ELLENBORO6II.—The contract is dated on
the 28th of November. On the •.!•;th of December
the plaintiffs inftnhu the defendant of tie name of the
Alp. As only the word tames, and not cahntlar month,
is employed in the contract, it must of cotuse be un-
derstood as a lunar month, and then the plaintiffs were
only just in time, as, on the 26th of December, the
lunar month expired.
Mr. Torensci, in addressing the Jury for the de-
fendant, waiving any remarks upon the point re-
served on the Navigation Act, submitted, that the
verdict ought to be given in favour in his clients, since
the plaintiff's case was so weak as not to establish
satisfactorily, either that Mr. Mullet gave his con-
' sent to the alteration in the contract made by the
broker, Mr. Cleasby, or that the turpentine had been
shipped with such convenient speed as to entice the
pliautiffs to compel the defendant to take to the ar-
ticle when it arrived on the 3d of March.
Lord Eixtssonouou.---Tbe party who under.
Lakes to iwrioros a aostoict ammajoot speed, is

bound to thew that he used dee diligence for that
purpose. In this case very considerable delay took
place, and in the mean time the market was falling.
Both points were for the decision of the Jury :
whey
Cher, in the first place, the defendant had, by himself
or his agent, given su(licier•t authority for the altera-
tion of the terms of the contract ; and idly, whether
the turpentine had been shipped with convenient
speed according to the ordinary course of commercial
transactions ?—Verdict for the defendant.

OLD BAILEY, NOVEMBER 2.
Hater Houghton, Env:ciao Rodriguet, and another
foreign sailor, of the name of Santo:, were indicted for
stealing from the person of Joseph Taylor, a captain
in the Met chant service, 49 in Bank of England notes,
as also his watch, with gold chain and seals.
It appeared by the evidence of the prosecutor, that
he had been drinking on the `2Sth of September at the
Commercial Docks, and arrived at London-bridge on
the evening of that day, much intoxicated. On his
return to his lodgings in Shadwell, be met a girl of
the town, of the name "f Mary Davis, who took him
to her lodgings in Shakespeare walk. Mary Davis
being Lerself unwell, sent for the prisoner Hester .to
bear him company. He staid with her about hall an
hone, and afterwards went to the public-house oppo-
site, where he had a glasS of shrub and water. lie
pulled out his notes, and gave one at the bar to be
changed, when the prisoner Hester came to him, and
observed that 1:c had lost his watch, and said he had
better go back and look for it. He went hack, hut
could not lind it. He stopt some time longer in the
room, and full asleep there for a few minutes. The
pristmer Rodriguez was then in tit- room, and took
some liquor with him. He then lost his notes also.
lie aftet wards gave the two prisoners into the charge
of one t f the officers of the night. bat Rodriguez
escAped. Ile never saw or heard of his watch since,
but his money was afterwards ft.und on the prisoner

Resit ig in a.
Hamlett Sc nt, an old woman, who lived at the
house in filiakespean-walk, Enid, that when die prose.
cater fire., kit the house, she heard the prisoner Hes-
ter call to Rodriguez, and say " Frank, come down,
the captain has lett his watch, whh a gold chain on
the bed."
One of the officers belonging to Shadwell police,
proved, that on see:re:hie. Rodriguez, eight new one-
pound notes norm herrn on him. On asking him
where he got them. the prisoner said they were given
him above six weeks ago, by a captain. Upon, how.
ever, being told that they had been but a month issued
from the Bank, be said that he would tell the truth :
the prisoner, Hester, had given them to him to keep
for her.
Another witness proved that the prisoner Hester on
her way to the watelmuse, had said that Rodriguez
had gone off both with the watch and the money.
The rt issuer Hester, in her defence, said that the
prosecutor had given her the notes, which she handed
over to Rodi iguez to keep for her. She denied any
knowledge of taking the watch, and seemed to in-
sinuate that it nuist have been taken by Mary Davis.
The COMMON SLllJ7eseer observed, that this defence
was compleney contredietee by the evidence. It ap.
peered, tleit the prosecutor had been plundered of his
watch the rust time he vats in the house, and he had
been brought back a second time for the purpose of
being plundered of the rest of his property. It could
hardly be conceived why Rodriguez was brought into
' the room, unless to asist in this scheme of plundering
the prosecutor. There was no evidence against the
other prisoner, Santos, although he happened to be
in the house at the time.
The Jury without hesitation found the two prisoners,
Houghton and Rodriguez—Guilty, and acquitted
Santos.
The Covina St:um:lst observed to the female
prisoner, that when persons made prostitution a means
for rabery, they could not expect to Le allowed to
remain in the counts y.
4nalialietfifsl was indicted for stealing a blanket,
a table-cloth, a napkin, and other ;Irides, ti.e pro.
pert), of John 11:11eS Antli, on the 22d of September,
in the pari.h of St. Pauctas.
Mrs. Allen depose:l, that she lives in Lucas-street,
Brunswick-square ; the pr.,Later was permitted to
come to her house to suci.le a child of the prosecu-
toi's ; suspecting the risoner, a search warrant wits
got to search her lodgings, in Dutton-street, in con.
sequence of which, duplicates were tonna of the pro.,
peaty missing ; the pawnbroker, however, and the
officer 'aid, she had a sick husband, who had been
out of employment for nine or tea months, and had
four children.
John King proved that the prisoner lived with him
four years ago ; she lied had a sick husband for
nearly twelve months, entirely a burden on her.
A Lady who had employed tier, also gave her an
excellent character, having employed her, and re-
posing such confidence in her, that site would employ
her again.
The CUR/NION SEUJEANT Sa:dt it would be a most
dreadful calamity to the cemmunity, tt the misfor-
tunes of servants were to fall on the masters. The
course for the Jury to pursue was obvious. The'
• Cont t could do, and would do all that could be
~~ fished.—Guilty.
The prisoner was then informed, that when her
digress should have caiven her to the commission of
a crime like the present, her best course to pursue
would be to apply to the Parish. The Parish was'
bound, and would willingly screen from the commis.'
sion of offences of this description. The sentence or
the Court was, that the prisoner do pay a fine of Is.
r and be discharged.
Saute day the Sessions ended, when sentence was
passed on the following convicts, viz.—John Lane,
William Williams, and Frederick Aildreth, to be
transported for life ; Richard Kippas and Robert
Browne, for 11 years • John Mack, Peter Noakes,
William Ealety, John Kelly, Richard Hunt, William'
Hunt, John Hale, John Wallis, Michael Riley. Mary
Star y, William Congrese, Charles alias Chinks
William Bedson, Gaspar Tunn, John Marshall, Elea-
nor Logan, William Passenger, William Stagg, Ro-
bert Briggs, Nathaniel Bolingbroke,. John
William Pullen, William Reynolds, John Horton,
and John Burn, for seven years.
Two were sentenced for two years each in the'
House of Correction at Cleri.enwell, and 34 for lesser
periods; 22 ter imprisonment in Neivgate ; 11 to be
privately and three to be publicly whipped; six judg-
ments respited ; three fined ls. each and discharged;
and eleven were discharged by proclamation.
Sessions adjourned w the 61 December next.

POLICE.

. ,
Mattutonnunit-srnater.—We state# yesterday a
singular case of si corporal of Marines having been
charged with attempting murder, in throwing Sarah
Beddon, a woman of the town, rith whom he retired
to a bagnio in Charles-street, St. Giles's, out of a two
pair of stairs window. R. BAICItn, Esq. the Magistrate
before whom the case was heard. and Mr. Alexander
Noon, chief clerk, took the deposition ot the unfortu-
nate woman in Middlesex Hospital, in the evening ;
she fell on her back, which is in a dreadful stete.—
' The symptoms consequently are very alarming, and
she is not expected to survive. She states, that she
.received of him four bhillings ; as six o'clock in the
morning she dressed herself, and said to him," I must
go." He replied, 44 but you shan't go." she persisted
that she would, and he observed, " then if you will,
you shall go out at the window, and he immediately
jumped out of bed, and to use her own expression,
44 shoved her out." They had no quart el during the
night, and both were sober. She also swore that she
never attempted to touch the pockets of the prisoner.
The five desperadoes who rebbtd Mr. Walker in
.St. Giles's, a few evenings since, wine :spin temend•
ed, the witness to the robbe:y who appettred in Mt.
Walker's absence ( who is suspected to beau accom-
plice) not appearing. He was or& red to be charged
in custody.
HArrox-GARDEV.—Yesterday a mar, who refused
to tell his name or answer to any question, w as charg-
ed with attempting to murder .lice Tonto-, who,
keeps a lodging-house in Chick-lane. The et:mph:L.
nant, who was scarcely able to slice:: Irian thc is jury
she itad received, stated, that the preceding cet Ling
the prisoner agreed for a bed lot the rki.;:,t ; that
about six o'clock the next morning she was alarmed
at the cties of murder, and en going to his toots, ~he
found the prisoner statang hefcre the w tod w in his
slut:: she asked him what was the matter and he
said that sonic persons ha d Atm p:eSt:, ri and mur-
der him, but that it she gave ban a knife he would
save them the trouble, f,ir be would cut his own
throat. In order to entit.e him down stairs, she told
him if he would put on his clothes and go with her,
she would give him one. He then knocked her down,
knelt on her body, bent her, attempted to strangle
her, and lamented he had not a kuLe to cut her throat.
At length her cries brought several paso is to her
assistance, amongst whom was Bandy, the constable,
who took him in custody and lodged him in the
watchhouse.—He was remanded.
GUILDHALL—Yesterday John Smith was brought
in custody to this Office, by Mathews, the Officer,
under the following circumstances :—The prisoner,
it appeared, had gone into the house of Mr. Golton,
a pawnbroker in Oxford-street, yesterday morning,
and offered a gol3 watch, worth about thirty guineas,
for pawn. The sum he demanded was only ,E 3, and
the pawnbroker suspecting the article had been im-
properly obtained, asked the prisoner whether it was
his own, and what it cost ? The prisoner said it was
his own, and that he had paid eleven guineas for it.
This account not 'Appearing very likely, Mr. Gorton
demanded further satisfaction, when the prisoner at
length said the watch was the property of a Mr.
Holt, his master, who being in %sant of a small sum
of money, hod Sent him to pledge it. The pawn-
broker then insisted upon ascertaining the het, and
accompanied the prisoner towards the Saracen's
Head, Saowhill, where he said his master, wee. On
their way thither, however, the prisoner contrivecl
separate the chain and two valnable gold seals trout
the watch, mid upon their arrival at :lnowhill, he
suddenly darted from Mr. Golton, and !all dawn the
Old The latter, however, haring raised a
cry of 46 Stop thief," he was arrested by the Officer
in his flight, told brought into the Piit's Head public
house. Here his person underwent a strict search,
and beside Ore watch, chain, seals, Scc. there was
tonad in his possession a pocket•book, containing
notes and bilk, amounting to neatly 122000. 'Tice
'bills were principally drawn upon, and accepted by
sorne of the most eminent banking-houses, they welt.
specially endorsed to Mr. Huh in rite City, and were,
it appeared, all due. The Magistrate inquired
tile prisoner his residence and business ? The Letter
replied, that when at home he resided in Jamaica,
but that instead of being at the Saracen's Ilvad, as
related to the pawnbroker, .he had been with his
master the preceding day at the Talbot Inn, in the
Borough, where the latter having got much intoxicat-
ed, he took from him the whole of hie property, for
the purpose of safety. An Officer was dispatched to
the house of Jones, Lloyd, and Co. bankers, where
one of the bills, amounting to e 275. Ns. was made
payable. Here it was ibicoveted, however, that pay",
ment had been already stopped, and a representation
at the same time made that Mr. Holt was robbed of
this and other property on Tuesday sight. Tile re•
sidence of this Gentleman being ascertained, he was
found confined to his bed, dreadfully cut and bruised
by the attack of his assailants on the night mention-
ed, when he was robbed of the whole of Ins property.
He stated, that about ten o'clock, when leturning
from a house in Blackftiars road, where he had dined,
he was attacked by five persons with bludgeons, &c.
who knocked him down and deptived him ot his
senses. About three o'clock the hollowing motility,
he found himself seated in a public house in the Bo-
rough, and a seaman seated by his side. lie was
then conveyed home, and his Physicians declared
that he could not with safety be removed to give his
evidence for some days. The prisoner dutitrg Ittl •
examination affected to be insene. He conducted
himself with much violence, used the most incoherent
expressions, abused the Magistrate,a was triedmtauntedreetdt t 1
most shameful. blasphemies. Ylc
un-
til Mr. Bolt shill be able to attend his examination.

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