Star.
London, England, 1831-07-28 00:00:00

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HOUSE OF LORDS, July 26.
KINNAIRD'S DIVORCE.
On the motion of the Duke of Cu ausasteemb (we believe)
the order of the day for proceeding with the evidence in this
ese having been read, Lord %%Femme°, in the absence of
the Lori Chancellor, who was detained in the Court of
Choncerv. took his seat at the table.
%lr. D. POLLOCK (with whom was Mr. Carza)appeard
at the bar for the prtitioner, and gave the following outline
or the case :—My Lords, I have the honour to attend at
your Lordships' bar in support of a Bill intituled " An
Act to dissolve the marriage of Hugh Kinnaird with Ann,
his new wife, and to enable him to marry again, and for
other purposes." And, my Lords. tinkers there were some
eircumstor.ces connected with this case different from those
which at: usually proposed in your Lordship? House, I
should not trouble you with any statement beyond the mere
outline of the facts. But there are dates which it becomes
my duty to state. and facts connected therewith, in order
to a better understanding of the case. The marriage
between the parties was solemnized in the month of Sep-
tember, 1816, and they separated in t he month of No.
vember 1828. Immediately prior to the separation, Mr.
discovered that his wife bad carried on
crimin.:l Intercourse with several parties, as the bill inti
lam!, but especially with a serjeant in the Grenadier
tiearde of the name of Roberts. An action was after.
•...rds brought be the injured husband against the adul-
t, see in the Court of Common Pleas, in which the defendant
tottered judgment to go by default. It is not for me to con.
,rive what the motive of the defendant was, but, from his
r.nk and station in life. it is perfectly clear that he was not
i.. a condition to incur great expenses, and, probably with a
vies of preventing those from increasing, as they would un-
el(abtr.lly had a defence been set up, he withdrew his
plea of Not Guilty, which a defendant can do. and he suf-
fered judgment to go by default. The writ of enquire fol.
towed, as long ago as April 1826. Your Lordships will na.
totally enquire why so long a period has been suffered to elapse
before this Bill was presented before the House. Mr. Kin.
naird was at that time Page of the Back Stairs of his late
Majesty King George the Fourth, and was daily in the habit
of :attending the King at the Royal Lodge in Windsor Park,
where his Majesty resided. When the health of his late Ma-
jesty is taken into consideration, and when the services of
Kinnuird are also considered, the period which has
(lapsed will not, I apprehend, have any effect upon this
house as regards the present bill. A sentence of divorce was
obtained subsequently to the period of which I have spoken,
and it breaks in upon the length of time to which I have
called your Lordship? attention. In April, 1828, this di-
vorce was pronounced in the Consistory Court. I am not
aware that it is necessary for me to allude more particular)
to the preamble of this Bill. It is stated in the Bill,
that Ann Kinnaird had carried on an adulterous inter-
course with several other persons ;" but the evidence which
I shall call will chiefly go to prove the guilt between her
and Charles Roberts. It will not be necessary to trouble
the house with the recriminatory evidence produced
boron the Ecclesiastical Court. One witness who was
there examined as to Mrs. Kinnaird's conduct is since dead.
It was shown before that Court that Mrs. Kinnaird was
criminally connected with several other persona besides
Roberts ; but I have no hesitation in stating to your Lord.
ships that it will appear, by the evidence which I shall lay
before you, that no prior suspicion of her guilt reached her
husband before her criminal connection with Roberts. It is
not my intention, as I have stated, to go into the recrimi-
natory evidence produced in the Ecclesiastical Court ; but
I have thought it right to name generally what had there
transpired ; and this I will say, my Lords, that, as against
the petitioner, a more gross, or a fouler fabrication of evi-
dence never was put together. The witnesses contradicted
each other. If it were necessary for me, 1 could show this
most easily from their own statements.
Lord WertroaD.—As that evidence is before the
house, Noble Lords may direct their attention to it.
Mr. D. Poemcx—l beg to call the attention of your
lordships to what the witnesses Sarah Owen, Harriet
Lomax, Sophia Johnson, and the two persons named Sut-
ton, father and son, stated. The learned counsel then ad-
verted to the testimony of the fint.named witness, and was
proceeding to show its inconsistency with itself, when,
Lord WYNFORD signified that he bad not expressed any
difficulty about the matter.
Mr. D. Poet.ocie said, he really felt there was no
difficuby in the case; but he thought it right, after what
lied fallen from the noble and learned lord, to advert to
the recriminatory evidence given bethre the Ecclesiastical
Court.
Lord Wysroan—Let me not be understood as giving
advice, Mr. Pollock; but use your own discretion in the
matter. I have not looked at that evidence. Not half an
hour ago was I aware that I should occupy this seat, other-
wise I certainly should have examined the evidence laid be-
fore the Ecclesiastical Court.
Mr. D. POLLOCR—It did not occur to me, my lord,
that there was any difficulty in the case when I was making
those remarks; but this I will say, never, in the whole
course of my professional practice, have I met with so corn.
plete a tissue of fabricated falsehood as this recriminatory
evidence. After what has now fallen from one of your
lordships, I will not, however, go Into that part of the case;
but if in the course of this investigation it should be ne-
cessary, I must beg leave to trespass on the House with
some explanation. Having no difficulty in the matter at
all. I will not longer detain the House, but proceed at once
will the examination of witnesses.
It having been intimated that the witness was absent who
would prove what is usually the first evidtace in bills of
this description—viz. service of the bill, and proceedings
upon the party from whom the divorce is sought,
Lord WYNFORD said that the evidence might be offered
al a future stage.
A solicitor produced a copy of the proceedings in the
action of Kinnaird v. Roberta, in the Court of Common
Pleas.

Mrs. Maria Sanders, the daughter of the petitioner by a
firmer wife, stated that her father was married at the parish
church of St. Anne's, Westminster. in September, 1816, to
Ann Searsoe, a widow, with whom he heed until the affair
with Robcr:s.
By Lord Wwatroxn—They lived together as man and
wife. I never witnessed any eiisagreement. They appeared
to live happily together. I did not know Charles Roberts.
A copy of the register was about being put in ; but
Lord WYNFOaD said that, in cases of this nature, the
regis•er-book itself had been usually produced.
Mr. D. Por.i.ocw said he would have it produced before
the evidence was completed.
Ann Skipton—My husband is a coachman. My name was
Stark before I married, and I was a witness in the Ecclesias-
tical Court. I know Mr. and Mrs. Kinnaird. I lived in their
service in the year 1825. They resided at Windsor. Mr.
Kinnaird was, at that time, page to his late Majesty. His
duties took him a good deal from home. He bad constantly
to attend to the King. My master used to go out generally
at eight o,clock in a morning, and remain from home until
between eight and nine in the evening. Sometimes he was
obliged to be out all night. When he was not engaged at
the Royal Cottage aU night he came home. I knew Chas.
Roberts; he was a serjeant in the Grenadier Guards. I have
sees him and Mrs. Kinnaird together in the street at Wind-
sor. I have been told that she met him. Mrs. Kinnaird has
herself told me.
A question was put to witness as to a declaration made to
her by Mrs. Kinnaird.
Lord WVXFORD declared that this could not be received
in evidence.
Alr. D. Poctoci.--Does not your Lordship think that
the service upon her as to the bill will obviate that ?
Lord NVYNTO/ID.—You had better prove what you wish
by acme other mein..
Witness, in cettelasion.—l have been sect by my mis-
tress to the guard-room with bread and butter for Itobetts.
Mrs. Sarah Clark, examined--.31y husband is an inde-
pendent man ; he was pastry-cook to his Majesty George
Third. We lived at Windsor in the year 1825. I recollect
Mrs. Kinnaird leaving Windsor at the latter end of that
year. Up to that period she and her husband had lived to.
gether as man and wife. Mr. Kinnaird was formerly ser-
geant-footman to King George the Fourth, and was after.
wards promoted to be a page. His Majesty was at that
time living at the Cottage in the Park. It wes Mr. kin.
naird's duty to attend tutu.
It being now the hour for commencing public business,
and the Lord Chance/ilk having arrived, the Counsel and
witnesses were directed to wi htlraw, and the case was ue..
journed.
Shortly after three. Lord WIMPORD hay.ug taken his
seat at the tablie;teunsel were edict) in and the case was re-
sumed. it:4

A Solic/tor premed having served a copy of the order of
the Houseond of the Bill, upon Mrs. Kinnaird, on the 13th
inst. at No. A, Gate-street, Lincoln's-Inn.
By Lord WOrtiFoan.—She was living at a Mr. Evans's,
a cow-keeper. She ass lodging there. Mrs. 101;1;144 told
witness that iolui did no: intend to oppose the Bill.
In atswer to a question put by the Learned Counsel, wit-
ness garthat at the house at which she lodged the husband
hodl'itlfe and children.

M
John Gunn, examined—l am a wine-cooper, U
present in Bisbopsgate-street. I was acquainted with In
and Mrs. Kinnaird when they lived at Windsor. I wee •
night porter in the service of his late Majesty. I lived at
Mr. Kinnaird's • lam his nephew. I took rest in the day
time, being up all the night. Mr. Kinnaird's duty took
him out in the day time. I remembered a person named
Bailey. I recollect words passing between me and Mrs.
Kinnaird respecting Balky. She told me to go to bed.
This was after I came off duty. On one occasion I did
not go to bed, because nay suspicions were raised that all
was not right. I knew a named Roberts, whom I
have seen at the Poster's person
Windsor castle, with Mrs.
Kinnaird. I heard what passed between them at the time.
The language was familiar and indecent—such as ought
not to pus between a married woman and a strange man.
I once looked Into the porter's lodge, and saw Mrs. Kin.
naird and Roberts alone together. I have seen sods and
winks pass between them. In consequence of what I wit.
neared I told Mr. Kinnaird of it. This was shortly after
Ascot Races, in 1821. Mr. and Mrs. Kinnaird were sepa-
rated five or six weeks afterwards. I have known Mrs.
Kinnaird receive visits from Mr. Swalne and ?dr. Coney, an
Irishman. I was examined in the Ecclesiastical Court, but
1 do not remember what I there said respecting what took
place between Mrs. Kinnaird and some person who was in
the house with her. I heard the footsteps of two
persons in the apartment. Mr. Kinnaird was not at
home.
Mrs. Sarah Clarke was again called.—l know a person
named Bailey : he was in the employ of his late Majesty. I
have seen him in Mr. Kinnaird's apartments more than once,
in the absence of Mr. Klimek& Mr. Bailey was alone with
Mrs. Kinnaird; they were in the kitchen, when I first saw
them, and I afterwards saw them both pass into the bed-
room. I know Gunn. He came in at the thne that Bailey
was there. Mrs. Kinnaird pressed him to go to bed, but he
would not, saying, that he had something to do which his
uncle had left him. Seeing what had transpired with Bailey
I felt uncomfortable, and I went out and saw the window-
blind hastily drawn down. Some time after this I met Mrs.
Kinnaird, and remonstrated with her for having a man in
her bed-room. She was very much irritated and confused.
She declared that she had not a man there. I said, "I am
certain you had, for I saw him." I then asked her who he
was ? but she still denied it. I afterwards mentioned the
man's name to her. She then said 's that Mr. Kinnaird was
of no use to her, and she must have some one." Mr. Bailey
was with her three quarters of an hour. I knew Serjeant
Roberts, of the Guards. He was quartered at Windsor in
1825. I think it was in 1823 when the circumstance be-
tween Bailey and Mr.. Kinnaird took place. I have seen
her speak to Serjeant Roberts. I have seen the servant girl
carry him bread and butter. I have heard Mrs. Kinnaird
say that he was a very nice man, and had seen better da”.
I recollect a travelling jeweller being at Windsor in 1826.
I have seen him, in Mr. Kinnaird's absence, with Mrs. Kin.
naird. I have known them to be together in the sitting-
room. I have heard highly indecent language pass between
them ;it was so bad that I cannot repeat it. The witness
here burst into tears.] 1 have observed the sofa tumbled
after the jeweller left. Elizabeth Shaw lived with her at
that time. I very often endeavoured to dissuade Mrs. Kin-
naird from reputing such misconduct. I never acquainted
Mr. Kinnaird with what had taken place. Shortly after she
had left town I saw him • he was then in great trouble.
The morning before she left, I saw a quantity of trinkets
in her possession. She had also a quantity of excellent
clothes.
By Lord Wrstroali—l was a lodger in the house. I
mentioned what had taken place to my husband, but I
did not asquaint Mr. Kinnaird with it. My husband is
not here. I was disgusted with the conversation, but I
hoped that she would be better. lam sure I told my
husband.
The Rev. W. Spears, the officiating minister of St. Mar-
garet's Church, Westminster, produced the parish register.
book, in which there was an entry of the marriage between
the parties, which took place on the 23d of September,
1816.
Elizabeth Shaw—l was in the service of Mr. Mills, in
June, 1825. Mr. and Mrs. Kinnaird occupied apartments
in the same house. I knew a serjeaot named Roberts; I
have seen signs pass between them. He nodded to her
when she was In the house. She then usually went out. I
have seen Serjeant Roberts at the door. I recollect Mrs.
Kinnaird going to the door and speaking to him, when he
went away. I once saw the German jeweller on the sofa
with her in a very indecent manner. I went into the
room without knocking. Airs. Kinnaird was very angry
with me for going Into the room without knocking. I have
known him remain with her for three or four hours. After
he left the apartment the sofa used to be tumbled. He
' dealt in watches, rings, and brooches. She purchased some
jewellery of him.
By Lord 11'YXFOIID...4 was in the family four or five
months. I never mentioned what had taken place until
after Mrs. Kinnaird had quitted her husband. My parents
live 12 miles from Windsor, and I mentioned it to them.—
I spoke of it to another servant girl. I was a short time in
Mrs Kinnaird's service, from August until I was ill. I left
before Mrs. Kinnaird quitted her husband. Sir. Kinnaird
obtained me a situation.
Frances Richards—My husband is a cabinet-maker. In
April 1826 1 lived in York-street, Westminster. Mrs.
Kir.nakd lived with me. She told me that she had left het
husband at Windsor. I removed to Upper Quebec-street.
Mrs. Kinnaird went with me. She sometimes went by the
name of &arson, and sometimes Spencer. We used to sleep
together, unless when Mrs. Kinnaird brought men hook
with her.
Lord WYNTOAD—I think, Mr. Pollock, you need not
carry this disgusting inquiry further.
Mr. 1). Por.Locx-1 shall not trouble your Lordships
with any further witness than the present.
Lord 'Ws:iron) said that some of their Lordships were
anxious to have evidence respecting the character of Mrs.
Kinnaird before her marriage; besides, it was necessary to
have sonic funlier testimony respecting the steps taken since
the action. It would jp also desirable to have the husband
of that a itness who had lived in the house at Windsor where
those disgusting scenes were carried on.
Sir. P. Por.zoca would not attempt to disguise from the
Rouse that no attempt had been made to take the defendant
in execution. He was a betjeant of the Guards, and had
only 18s. a week.
Lord Wy XFORD said that the damages awarded were 501.
Now if the evidence on the trial had come out, what they
had that day heard, he thought it would not be as many
farthings.
Mr. Per.Loca then said that he would supply the neces-
sary evidence in the course of a few days.
The further consideration was then adjourned to Monday.
LEFEVRE DVORCE BILL.

The rehearing of this case came on to.day before the
LORD CHANCELLOR, Ste. Thomas Salter was called. He
was a porter at the Swan Hotel, Westminster-bridge. Mrs.
Lefevre came there on the 27th of April, and left the let of
May, 1830, from Scrivener's Hotel, from whence he had
brought some luggage for her. She had a bed-room and
sitting room, No. 12 and 13. communicating. Mr. Win.
nington came the following night ; he was expected. At 6
o'clock on the mowing of the 29th, from the steps of gladder
which he•had mounted to see to the cistern supplying the wa-
' ter-closet, and wines there was a borrowed light trom
which be could see unto the room No. 12. he saw Mr.
Winnitigton and Mrs Lefevre in bed together. She had
been there in November, 182 e, with a servant maid and
man, at which time Mt. Whittington visited her; he did
nut slay later than twelve o'clock ou that occasion, and he
did not notice any thing at the time. David Hall and Henry
Walker proved that ti.e circumstances of Mr. Wlnnington
were such as to account for the damages not being levied
or judgment proceeded in, when the Lord Chancellor
said it was sufficient. He then inquired whether Mr.
Lefevre was in town, and said it was always requisite for
the party to be in attendance ; for it might be thought
necessary by their Lordships that he should be examined
in evidence. He then addressed their Lordships, tusking
tome observations on the nature of the evideuce, and
of the manner of that given by the servant Packman, whose
evidence did not go to affect the conduct of the husband,
whatever it might do to that of the wife. He then went at
some length into the subject of divorce, which in England
could not be effected but by act of Parliament. He stated
the importance of the subject, and the necessity of care in
the discussion and consideration of bills of this description in
order to avoid any collusion. After which, the further con.
'ideation was adjourned.

Fast ALE VOTE 111.-Mr. Severn, on Tuesday
night, gave notice of the following motion :
" That all unmarried females, baing duly qualified,
shall be entitled to vote in elections fur knights,
citizens, and burgesses, to serve in Parliament."
The next step, after giving the power of voting,
must, of course, be eligibility to serve in Parlia-
ment themselves !

PANORAMA OF THE BRITISH
EMPIRE.

LEEDS 74 11 7 5 r, My 23.
This noble town now contains 67,664, being an increase
from 48,603 in 1821, and with the out townships within
three or four miles, is now 119,346, instead of 83,746.
The number of houses in the town are now 14,136, instead
of 10,338 in 1831, and with the out-townships 24,690, in-
stead of 17,418. No less than 16,618 families of 25,359,
are in trade and manufactures, and the males so employed
are only 6,227 in manufactures, and 13,178 in retail and
handicraft, besides 5,162 various labourers, and 593 agri-
culturaL
DEWSBURY BLANKET WEAVIIIILWe are sorry to
hear of another turn out of industrious men on the score of
low wages at this place. It is now near a fortnight since
170 men in the employ of Messrs. Hague, Cook, and Co.
turned out, and we regret to say there is little prospect at the
present of matters being arranged. These continual occur-
rences in this neighbourhood, are but sorry commentaries on
the boasted prosperity" of the Mercury, and the state of
things at Dewsbury may be traced directly to these !meet-
ings. In fact, the wool growers have been induced through
these boasting' alone, to ask a higher price for their wool
than the manufacturers were enabled to give, and the manu-
facturers in their turn, must save themselves by abridging
the wages of the workmen. Both masters and men at
Dewsbury, if they live a little longer, will have good reason
to curse the organ, which from sheer ignorance on the one
hand, and having other interests to serve on the o:her, than
what belongs to a faithful journalist, has caused a wider
spread of suffering and misery than can well be imagined.
CHOLERA Monans.—Ex tract from a letter dated Hull,
July 18:—" There is a decided case of cholera in the Hum.
her this morning the man is not dead, but very bad."
Ovetatzer.—A public meeting has been held at this
place, to petition Parliament for an extension of the suffrage,
for annual parliaments, sad vote by ballot. We regret we
have not space to insert the proceedings, which we under-
stand were orderly and satisfactory. After certain resolutions
had been carried the meeting adjourned.
THE BUDGET AGAIN.—Lord Althorp has given up the
idea of re-introducing his stamp duties bill in the present
session. Thus falls to the ground the Whig flourish about
relieving the newspaper puss from its heavy burthens. The
news stamp is to remain at 3s. 6d. each advertisement.
GIBBON AND ANOTHIK V. DINT AND OTHERS.
Mr. Pollock, with whom was Mr. Crosswell, stated the
ease for the plaintiffs. The plaintiffs in this action are as-
signees of Mr. Francis Clarke. who keeps a boarding school
at Cotherstonc, near Barnard Castle. The two first defen.
dents (there were seventeen on the record) are tailors residing
at Cotherstone. In March, 1827, Clarke made an assign.
meat of the school, and the whole of his effects, for the be.
aefit of his creditors, and the school was carried on by him
under the management of the assignees. After a short time,
the assignees ceased to employ the Dents as tailors to the
establishment, and they immediately arrested Clarke for the
amount of their debt. The assignees not choosing to ad.
Vance the money, Clarke took the benefit of the iusolven.
set, and scheduled out. The elder Dent got appointed pre-
visional assignee, and immediately,accompanied by the other
defendant on the record, took possession of the school, and
sold all up. For this trespass upon the property of the as-
signees the action was brought. Mr. Scrjeant Jones, with
Sir. Alexander, fur the defendants, contended that the as.
signtnent was an unfair and fraudulent one, and had not
been acted upon, and endeavoured to prove that Clarke
continued in the management of the school, entirely for his
own benefit. Verdict for plaintiffs. Damages subject to
reference.
SLANDER.—HALLILIT v. Segues. Mr. Pollock stated
the plaintiff's case to the jury. The plaintiff, Mr. John
Halliley, resides at Dewsbury, and is an eminent merchant
and manufacturer of woollen goods. The slander had not
only been uttered, but deliberately persevered in, so as to
make it quite impossible for any man who valued his repu-
tation to pass it by. The defendant, Itlr. George John
Spence' is the son of Mr. Spence, landlord of the George
Hotel, Dewsbury. So lately as Friday last, when asked re-
specting the law-suit, be said, " it is for calling Mr. Mani-
ley a sheep-stealer, but I care nothing at all about it; I have
sold my house and lie can get nothing: I will call him a
sheep.stealer as long as I live." Under these circumstances
the plaintiff was compelled to appeal to the verdict of a jury;
yet as he had no object in view but the vindication of his
own character, he was even then, at the twelfth hour, ready
to accept the smallest damages that would give him an in-
demnity for coming there, if the defendant would retract the
expressions, make an apology for the use of them, and pro-
mise that the same language should not be used again.
Mr. Sergeant Cross addressed the Jury for the defendant,
contending that the plaintiff was the first aggressor, as he
called the defendant a little undersized rascal and thief,"
and used other offensive expressions towards him. And in
order to shew that the defendant was not actuated by any im-
proper motives towards the plaintiff, the Learned Sergeant
read the following letter addressed by the defendant to the
plaifitiff, shortly after the declaration in this action was filed
against him In the Exchequer. Between John Hal-
Mey, plaintiff, and George John Spence, defendant. I the
above-named defendant, do hereby give you notice that I
have not, nor do I mean,or intend, to impute to the said plain.
tiff that he hath been guilty of larceny, theft, sheep-stealing,
or any other such crime, nor that I have any grounds for so
doing ; and that I have not, nor do I, or do 1 mean, or in-
, tend to state that the said plaintiff has no character to lose,
or that he were a person of no character and estimation, or
have any grounds for so stating ; and that I am ready and
willing to enter into any written engagement or declaration
to that effec.. Dated this 28th day of May, 1831. (Signed)
G. J. Spence, the above-named defendant." The learned
sergeant then called the defendant's father and brother, and
another witness who had recently been in the House of Cor.
action, all of whom gave an account of the transaction very
different from that given by the plaintiffs witnesses, but also
inconsistent with each other.
Verdict for the plaintiff, damages 201.
DOCK COMPANY AT KIROSTOR-UPONNHULL V. PRIEST..
LET.—The question in this case was one of considerable im-
portance to the mercantile portion of the community of
Yorkshire. It was an action of debt, brought by the Dock
Company at Kingston-upon-Hull, against the defendant, as
clerk of the undertakers of the Aire and Calder Navigation
to try the right of the plaintiffs to certain dues which the;
claimed upon vessels trading between Hull and Goole.
Mr. Pollock said this was an action, as they had heard,
to recover from the defendant certain es alleged to be due
to the company for the use of their quays and docks by cer-
tain vessels belonging to him, and the action was founded
upon an act of Parliament under which the Dock Company
was formed, and he (Mr. P.) hardly knew that he had
much more to do than to put it in the act of Parliament,to
prove the use of the dock by the defendant's vessels, nd
then point out the manner in which the claim came to be
made now in respect of the Port of Gook, after which it
would be for his learned friend on the other side to state
what was his defence, of which he was not aware. The act by
which the docks atHull were established was passed in 1771; it
the 14th Geo. 3, cap. 56. Under the authority of that act
one dock was constructed; subsequently, as the commerce
of the port increased, other docks had been added, but they
wriest/ tovemed by the same laws, and all gave to the Cor-
poration of the Duck Company, the same rights. And by
the 42d clause in that Ac: of Parliament, provision was made
as to the rates which the company were to be allowed to take,
and among other, were this : For every ship or vessel nom.
log to or going between the portof Kingston-upon-Hull, and
any part to the northward of Yarmouth in the county of Nor-
folk, or southward of Holland Island, 2d. per ton." The
44th section contained an exception with regard to coasting
vessels. and the vessels with respect to which the present
action was brought were of that description. But the ex-
empting clause contained an exception, that coasting vessels
should not be bound to pay those duties unless they actually
made use of the docks or quay?; then they were bound to
pay, and it was for that use by the defendant's vessels that
this action was brought. It would be proved that all the
vessels in respect of which the plaintiffs made their claim,
came under the exception to theexemption, and therefore were
taken out of that exemption, conseqnendy the plaintiffs eon.
sidered themselves entitled beyond all doubt to the duties
which they now claimed. The vessels in question passed from
the Port of Goole, a port that had been erected very recently,
under the autnority of an act passed In the Bth year of the
reign of his late Majesty Geo. IV. cap. 100, sec. 136. By
virtue of that act Gook was made a port, and had become a
port of considerable importance, having a great deal of
coasting trade, and not an inconsiderable share of foreign
commerce. After it became a port, Goole, being considered
by the Hull Dock Company as within the general range of
the Port of Hull, the charges of the present nature were not
made, but certain other charges were made, treating Goole
as a lace within the Port of Hull, on the vessels making
foreign voyages ; and undoubtedly in every instance in which
there had bean vessels going foreign voyages from the time the
Dock Company was established, a claim had been made, and
had been acquiesced in and paid, In respect of those foreign
voyages. When, however, they increased to such an amount

as to be an object worth yof contest, those persona who felt
an interest in the port of Goole, and in demanding an excep-
tion in favour of vessels passing to and from that port, raised
a question with regard toGoole being within the port of Hull,
which it had been taken to be, they denied the right of the
Dock Company to demand them. The Dock Company
brought an action, which wu tried at York ; a very long and
elaborate case was afterwards stated between Conned, and a
very long and learned argument was heard in the Chart of
King's Bench, not long ago; and finally, that Court deekled
that Goole was not within the port of HulL It was not a
very unreasonable inference, that if Gook was not within the
port of Hull, it was without the port and he hoped that
those who were of that opinion would not deem it presump-
tuous in the Dock Company to suppose themselves entitled
to dues from vessels belonging to another port, when they
made use of their docks and quays.
At his Lordship's suggestion it was agreed to turn the
action into a special case ; but some witnesses were examin-
ed for the purpose of settling disputed facts. A verdict was
then taken by Counsel for the plaintiff. Damages 12L;
debt Is ; subject to a special case, with liberty to either
party, if the Court above should think fit, to turn it into a
special verdict.

To the Right Hon. Lord Brougham.
MYTON, JULY 7TH, 1831.
My LORD—You hate moat unwarrantably and without
any preceding debate concerning myself assumed a merit is
not having erased my name from the Commission of the
Peace, becau'e I was as you term it, " your adversary" at
the Election for Yorkshire."
No such right could devolve on any Chancellor to exercise
his malacz or his prejudices.
possess the qualifications of birth, property, and com-
petent knowledge ; and I did not act as a magistrate till the
whole of my r.eighbourhood had requested WC so to do, nor
till the magistrates in sessions had unanimously ICCOM.
mended me to the Lord Lieutenant; and during the fifteen
years in which I have acted, so careful have been my de-
cisions, that not a single individual has appealed from them
to the Quarter Sessions, nor charged me publicly or pri-
vately, as far as I know, with the slightest act of magisterial
misconduct.

The marked friendliness with which, notwithstanding our
correspondence of last year, you recognized me at the late
dinner of the Yorkshire Society, was met with sincerity on
my part ; and it is painful for sue to lower the feelings of
respect, and I will add of regard, with which I then sepa-
rated tram you, in boring now compelled to rise from that re-
tirement, to which 1 alluded on parting, and which has the
luxury of freedom front *elf reproach, for the purpose of in-
dignantly repelling the aggression of your contemptuous
mention of ute in that high place where I could not be
present.
With the unanimous confirmation of both Houses of Par-
liament, I taught my brother Justices and the Judges of the
King's Bench, that prisor.ers should not be punished on the
tread.mill without trial : and I now instruct your Lordship,
that you have no right to assume a merit because you have
not inflicted on me the injury of a removal, without a cause,
from his Majesty's Commission of the Peace.
have the honour to be, my Lord,
Your obedient Servant.
MARTIN ST4PLETON.
WAKEFIELD, JULY 22.—The supply of wheat is mo-
derate for this day's market ; any thing very choice is scarce
and finds ready sale at an advance of Is. to 2s. per quarter.;
second sorts, which are fresh, sell also at an improvement
of Is. per quarter; but inferiur and stale sorts are still quite
neglected. Barley nominaL Oats arc without alteration in
value. Shelling is a shade dealer. Other articles as last
quoted.
MARRIED.—At Kippax, Mr. Thomas Meehan, of
Sherbum. to Elizabeth, eldest daughter of the late Rev. B.
Willis.—At Bradford, the Rev. Joseph Davis, of London,
to Hannah, youngest daughter of James Marshall, Esq
At Egremont, the Rev. Richard Parkinson, M.A. Divinity
Lecturer at the Clerical Institution, Saint Bees, to Cathe-
rine, second daughter of the late Thomas Hartle Esq.—
At Ordsall, near Retford, Notts, the Rev. John
B.A. of Bihar Vicarage, near York, to Maria, eldest
daughter of J. Roberts, Eaq. of West Grove.
DIED...IIIt. Jeremiah Clayton, of Park Row, 68.-47,
Mr. Wm.-Harrison.-75, Mary, the wife of Mr. Hugh
Bell, of Park-terrace.-40, Ann, the wife of Mr. Ell Stens-
field, of Halifax..—Elira, youngest daughter of Mr. James
Clough.—At Scarborough, 59, Henry Cooke, Esq. banker,
of the firm of Woodall and Co. and chief magistrate.—At
Walton-le-dale, near Preston, 74, John Fowden Hindley,
Esq. formerly of Blackburn.—At Hull, Mr. J. Willoughby
a portrait painter of considerable celebrity.
DUBLIN MORNING REGISTER.

The Nosey Examiner gives a full statement of the cir-
cumstances connected with the late outrage committed by
the Orangemen near Banbridge. After describing the con-
flict, during which some inoffensive and unarmed men lost
their lives, it gives the following distressing details :
The Orangemen having no longer any opposition, com-
menced wrecking and plundering the houses in the
neighbourhood. Fortunately nearly all the inhabitants
had made their escape at the commencement of the
&Say. One poor old woman, who, unable to escape,
had gone upon her knees at the bed side, was shot in
the groin by a miscreat, who dashed the muzzle of his
gun through the window. On Monday last, there was
no hope of her recovery. Infuriated with liquor,
the Orangemen at first commenced firing through the doors
and windows, dashing in the frame-work, and afterwards
spilling milk and and whiskey, and smearing the walls with
butter; but they, at length, began a systematic plunder—
carrying off with them almost every moveable article which
they had not previously destn7cd. The spectacle which the
ruined houses now present is really shocking: the houses of
an entire district left a complete wreck; aged women (some
of whom had crawled for safety from their sick bed to hide
in the potato fur), sitting on their fireless hearths, looking
mournfully over the ruins of their property—and help-
less children, eyeing with fear and suspicion every stranger
that turns off the road to look at the scene of desolation !
It is added that an int estigation into the transaction ha taken
place by a meeting of magistrates at Banbridge, and that
warrants have been issued for the apprehension of the be.
viduals who have been identified as concerned in the effigy.
Some lives have been lost at Girvan, in Ayrshire, in ems.
sequence of the Orange processions there on the 12th inst.
The Orangemen mustered in great numbers ; they were armed
and fired on a large body of constables, and a crowd; osre
of the former %as shot dead on the spot, and several odium
were wounded, some of whom are reported to have since disi,
The townspeople got a four-pounder which they charged
and presented down the streets through which the Orange-
men were expected to enter Qirvan, but they wisely declined
the approach, and kept to the country. The Sheriff Depute
was very roughly treated by the Orangemen.
CASTLEPOLLAID Arraii.—Mr. Wallace goes down on
the part of the people to Westmeath, and Mr. Pennefather
on the part of the crown. The trial will take place on
Monday.
At a Meeting of the parishioners of St. Michan's parish,
the Churchwardens in the chair, the following resolutions
were unanimously adopted :
That we are daily convinced that the Poor of this coun-
try are in a state of miserable destitution, end that it is the
undoubted right of every person in a vilized community
to be supplied with the means necessary to support life.
That it is our decided conviction that a legislative enact-
ment is absolutely necessary for the purpose of making per-
manent provision for the Poor of Ireland.
That as the Poor of the land have an undoubted right to
support, it is but fair, just, and equitable, to restore the
third of the Church Properties, which were originally set
apart for their use, and which have been so long unfeelingly
withheld from them.
That while we thus maintain the necessity of a legislative
enactment, to make permanent provision for the poor of
Ireland generally, we must strongly allude to the very
great disproportion in the means of the several parishes of
the City of Dubl n ; it is therefore our unanimous opinion,
that In the event of the enactment of any provision for the
Poor of the City of Dublin, the same should be considered
as one Pariah, and that the Rates should be levied accord.
tag to the new valuation of Dublin.
WEXFOILD ASSIZEL—This day (Wednesday) the
court Judge who presides in the criminal appointed nine
o'clock for commencing the trial of the policeman, William
Kilfoyle, against whom true bills for manslaughter had been
returned by the grand ury. The hour named fur the trial
was nine o'clock ; but Judge Johnson did not take his seat
on the bench until two hours afterwards.
The witnesses for the prosecution in the Newtownbarry
case were then called oo their recognisance@ r—Terence
O'Brien, Marks Devereux, Harny Hogan, Charles Morris,
John Curran, Miles Doyle, James Redmond, Joseph Byrne,
as::tlMrnme.osesGreensolDaFdresiei C.diNisteoistritsgantell:Zinselesiti—lPP.lredfcemythi4esecudistionse:
vend witnesses who have been sworn before the grand jury,
in the case of King v. Kilfoyle, and whole testimony was to
have supported the prosecution in this ease, have been called
upon to appear upon their recogniaances, and none of them
have answered. Under such circumstances, I feel myself

bound to apply to your lordship to postpone this trial ;la
the next undies. You have now before you the Adult
of the down solidus, stating that these witnesses were sworn
and went up to the grand jury, and were examined by they:.
Many of those witnesses were served with down autanonsti
to appear, and others of them were bound in their soot.
Lances to attend here and prosecute. Since then they harL
absented themselves, u your lordship will find by the afF..
davit, without the privity sr knowledge of the down tolieitor.
Without these witnesses, it is my duty to state to your lord.
ship, that it would be impossible to proceed with tile rr
secudon, and I therefore apply to have the trial postponed
till the next assizes.

Judge Johnson--I suppose the prisoner Is to be admitted
to ball; there is no insinuation that he had any thing at all
to do with the absence of the witnesses for the prosecution.
Mr. Green—There is no objection upon my part, or on
that of my lamed colleagues, that the prisoner should be
admitted to bail; we only require that the bail should be
reasonable and proper.
Judge Johnson—Let the prisoner give security, 1::tu-,11
in 1001. and two sureties in WI. each.

Mr. Moore—He will, my lord.
Judge Johnson—Let me now see, are there not other pa.
sons in custody against whom no bills have been found, and
someagainst whom charges were made that the bills wet
ignoeW, and a number of others who have given bail to cap.
pear when called upon.
Mr. Moore—With respect to those in custody, your lord.
ship. I suppose, will discharge ►hem by proclamation “.
the close of the assizes, and those who have entered into
recognizances I intend to move shall be discharged from
them—they arc not to be kept dancing here, ad injfsitam,
from assizes to assists,
.until prosecutors appear against
them.

Mr. Orem—They are bound by their recognissnen test.
tend from assizes to assizes.

Mr. Fogarty--I beg to state to your Lordship, that it was
mentioned in one of the Wexford papers this morning, that
the witnesses for the prosecution had absented themselves at
the suggestion of the counsel of the friends of the deceased.
On the part of my learned friends and myself, I disclaim the
imputation.
Judge Johnson : Yes ; I find there are unjust imputt•
Lions cast upon all parties. I don't know the particular
paper you allude to, but there are imputations upon all par.
ties.—the imputations in the papers upon all sides are qui:e
shocking, and have tended to impair the administration of
justice—to excite passion and prejudice--they have cor.
waled the truth, and put forward false statements. Tr:
learned judge then ordered that the traverser., with the ex,
ception of Kilfoyle (the amount of whose bail had be:
already settled,) should give security, each in 501. and tet,
sureties in 251. each. With respect to Capt. Graham, he i.
to stand out on the same recognizance+, that were entered
Into by him previous to the assizes.
With these orders terminated all mention of the New•.
townbarry prosecution at the present assizes.
Waxiroan, Thursday Morning, Six o'clock —lt is dk.
termined by the people, and they will be supported by a
great body of the gentry, to hold a public meeting in
town, to consider the best mode for them now to proceed rc.
lative to the Newtownbarry affair. after what hu occurred at
the awisea. The requisition for this meeting will be pub•
dished immediately—the names of Sir Thomas Esmondc,
and one or two other members of the late grand jury will. I
hear, be affixed to it. _ _ _

The Newtownbarry yeomanry left this, this morning, at
a very early hour, under an escort of the first dragoons. L
saw them on the road; they were beaded by Kilfoyle, the
policeman, who is let out on bail till the next assizes.
DIED— In Cullin's Wood-avenue, 74, John Goldsmith,
Esq. late of Ballyoughter—At Enniscorthy, Miu Roche,
late of Balinavarry—Edmond Power, Esq. late of Post:.
villa, Tipperary.

AalsrocitAcY.—Aristocracy in a league, a coa-
lition of those who would consume without producing, lire
without working, occupy all places that are well paid by fa.
your, engross all honours by right of birth, without hatin
merited them.

A writer in the New York American recom-
mends, in pronouncing Polish names to sneeze once Cr twice,
and then emphatically add ski!
A coon IN MM.—A friend of ours was waditr,,,
through the index of some law report the other day, and
under the Os he found " great mind"—Mr. Justice Best's,"
and knowing that his lordship was not positioned of a wry
large body, be was naturally curious to learn something of
the dimensions of his mind, and, turning to the page ne.
ferred to, he found the following :—" Mr. Justice Best ta.d
he had a great mind to commit John Thomas for the mil.
dcmeanour.—New Sporting Magasins.
A gentleman living in Kentish Town had a tu-
mour upon his nose. Ile was a middle-aged man, healthy,
up to his daily business, and very good-looking withal. But
he could not rest for his tumour. Some French ladies had
quizzed it. It was to no purpose that some old friends, soil
amongst them some medical men, acquainted with his con.
stitution, assured him that his tumour was strife, probably
not without its usein preserving his general health, and that
la violent removal might be dangerous. The tumour did not
look well, and that was enough to send the gentleman to
Sir Ashley. " Can you remove this excrescence, Sir ?"
" To be sure I can," said Cooper; " we can remove any
thing with the props instruments, but this is a mere nothing.
Do you wish to be rid of it ?" " Yee," answered the at.
flitted man. Sir Astley operated, as he always operates,
like a gentleman ; a cut—a few tears—a little blood—the
tumour was off, and our friend restored to his original
beauty. All gratitude to Sir Astley; greatest of surgeons !
Ought to have a patent for removing tumours from news!
When the middle-aged and restored gentleman got home, he
feasted his eyes on the mirror. All smooth and symmetrical.
He went out ; nothing but congratulations from his Frtnek
neighboun, and the Spanish refugees. His happiness was
complete, and his hatch now permanent. But, to and be.
hold 1 after a week had passed, some symptoms of infirm.
motion •gpp -mad, bleeding prescribed ; much weskatd
without lowering the fever, till, three days afterwards, to
awoke in the morning, and, to his horror, found that
whole face was covered with saYstou.sis
FRENCHMAN.—" Wherever swm d-thrusts are to
be taken and given, I would lay my life that a Frenchman
is one of the party. The Crusaders who were made prison-
en at the battle of Nicopolis found a native of Picardy in
ateingsnce upon Bajaut ; the man had been in Tamerlane''
swills before he enlisted with the Ottoman. In our own
ewe, the commander.in.ch of of the Cochin-Chinese force,
wee of our fellow-countrymen."—Why did it DM occur to
rindhesor 3lichelet, who makes this remark, that Lafayette
finOt by the aide of iYashington, and that military tefenn
la Turkey and Egypt has been led by French drill serjeanu?
ENGLISH LA DUB ADROAD.-1 have remarked.
se more occasions than one, that ladies who reside foe a M.
lain time abroad, are generally the first to imbibe strong.
often sudden, prejudices against the mother cou.nory. To•
day, at table, a liWy assured me, that her absent Engiszd.
lad never cost her a tear, or a moment's regret ; because.
she added, ' the expenses of a single season. in London.
would almost secure in this country, an independence fa
life. A ball dress, which, in London cow her 301, Inlet
here be had of the court miliner for as many florins. Wise
then should she regret England ?'—Dr. Beattie's Gerona%
Courts.

LARGE LILAC TREE.—In a small space behind
a house in Artillay.court, Chiswell-street, Finsbury, is I
fine old lilac tree, which can be proved to be upwards of 101,
years old. It grows in a box of earth of small dimensions;
but it is supposed that its roots reach some spring, or mho
source of nutriment. It is 16 inches in girth in the Ingo:
Pte, and 18 feet in height. Even now it Bowers every yesr.
though not so abundantly as formerly. In the last century.
the house was occupied by a well known and muck respected
merchant of the name of De Birdt. The person who sue•
ceeded him would now' if living, be 100 years of age ;
and he used to say, that when he came apprentice to hit.
De Birdt, " it was a goodly tree;" so that it appars
have been planted before Mr. De Binh occupied the pew.
we. The same family still reside in the house, and every
care is taken to prolong the existence of this venerable
plant—Mirror.
BIRTH.
The 54th inst. at Launde Abbey, Leicestershire, the lady
of Henry Dawson, Esq. of a son.
MARRIED.
The !kb Inst. at St. Mary's Islington. Mr. B. P. n ti•
llama, to Elise, second daughter of Mr. Lanman, of the
Strand.

•
The 37th inst. Martha. DIED.
the wife of Mr. Jobs Bethany.
Lincoln'a.ion-fielda.—At his residence, in New N ottb•
street, Queen-square, In his Mid year. Mr. Samuel Hayes.
formerly of Oaford.atmet, and latterly of King t.
Comoweardro. bookseller.
Lownow: PsiatWubla
STAR OITICIC, No. 1, Pickett-place, Temple Bat.