Star.
London, England, 1822-11-18 00:00:00

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FILBERD TREE.
- 'A RUSTIC PLAINT.

BY T. PARK, ESQ.

I had a little eon,* tot,
As neat as cottage vrell could be;
And near it rose a garden-plot.
Where flourisied one embow'ring tree-••
Ah ! 'twu a tree of trees to me!
To my neat cot it gave a name,
A Filberd was my favourite tree;
Who saw it prais'd it into fame,
And e'en my neighbour', envying me.
Confess'd it was a goodly tree!
Its graceful branches o'er my head
Way'd wide an arched canopy;
And its broad leaves benignly spread
A fan of green embroidery,
'That shaded all my family !
It was a screen from wind or sun,
A veil from curiosity ;
And when its summer bloom was gone,
We still could feast with social glee,
On its autumnal frultery!
E'en Winter oft has seen it gay,
With fretted frog-work spangled o'er ;
While pendants droop'd from ev'ry spray,
And crimson budlets told fence more
That Spring would all its charms restore!
But I have left that comely cot
Where blossoms now my fav'rite tree ;
And I possess an ampler spot,
Which boasts of more variety,
And more enraptures all but me !
For what I once have help'd to rear,
Have treasur'd with a guardian eye,
To my weak heart must still be dear,
To my fund thought will oft be nigh—
Thee, Filberd, still for thee I sigh!

LAW INTELLIGENCE.

COURT OF KING'S BENCH, NOVEMBER 111.
THE ICING V. KEEN AND OTHERS.
Mr. Somme-GENERAL prayed the judgment of
the Court on these defendants, twelve in number, who
were indicted at the last Assizes for Warwick, for a
riot and assault, and had suffered judgment by de-
fault to pass against them.
Several affidavits on the part of the prosecution,
were put in and read. In these it was stated, that
for a long time past there had been disputes between
the master silk weavers of Coventry and their work-
men relative to the price of labour, in consequence
of which a Society of Journeymen had been formed,
called"' The Weavers' Fund," for the purpose of pre-
venting the prices from sinking below such standard
as the Committee should from time to time appoint.
This Society was supported by subscriptions of a
penny a week from each of its members ; and the
fund so raised was applied to the support of members
who should be deprived of work by conforming to
the regulations of the Committee, and resisting their
masters. It was one of the rules of the Society?that
if any journeyman . should work for a lower ptiCe
than that fixed by the Committee, he should. be
placed on an ass, with his face towards the aSS'S tail,
and carried in mock procession through the city. In
July, 1820, a man named Amos Carver, incurred the
displeasure of the Committee by working for lower
prices than they had sanctioned, and reparations
were made for visiting him with the penalties of their
law. On the 11th of that month he was dragged
from his house, forcibly placed on an ass decorated
with blue ribands, and with his face to the tail oldie
anirra.l,paraded through the city, and for three hours,
in that situation, exposed to the insults and injuries of
the mob. At last he was rescued by the constables,and
taken home, where be remained ill for a month, in
consequence of the suffering he had undergone from
the rioters. On the 19th of February, being destitute
of employment, and apprehensive of further attacks
from the journeymen, he was prevailed on to execute
a release to the defendants and others who were con-
cerned in the outrage, on condition that they would
find him work ; but no work had they . ever found
him. An affidavit of Mr. Farringdon, a master
weaver, stated that he had himself been an object of
the displeasure of the Society, and that a riot bad
taken place before his house; during which he only
escaped personal violence by barricading his house,
and preventing the entrance of the rioters.
On behalf of the defendants affidavits were put in,
stating that an action bad been brought against them
which had been discontinued, and that Amos Carver
had executed the releAse to which allusion had been
previously made. They stated that the prosecution was
not now conducted by Carver, but, as they believed,
by Mr. Farringdon, from motives of anirn,psity and
revenge.• They complained of the expense entailed on
them by the removal of the indictment, and of the
imprisonment they had suffered, several of them for
months, after the Magistrates had discharged them
on their own recognizances to appear.
The COURT observed, that there was no affidavit
that the defendants had ceased to be members of the
Association, or that the rule 'ruder which.tbe assault
was committed was repealed.' They also expressed
surprise that the Magistrates should have discharged
parties charged on oath with that conduct- of which
they since had confessed themselves guilty.
Mr. SOLICITOR-GENERAL addressed the Court in
aggravation of punishment. • The casewas one of fro
small individual enormity, and of great public im-
portance. All combinations by workmen against
masters to raise the price of wages, or (he would wil-
lingly concede) of masters against workmen to lower
them, were in a high degree illegal and pernicious.f.-
But this was a more serious case than the mere fact of
combination would furnish, when those who com-
bined enforced their laws by such a process as that
which had been described in the affidavits, and which
it was unnecessary to characterize. It was alarming,
indeed, to find in a city like Coventry, where nearly
the whole population were weavers, a society of the
description now developed, with its regular officers
and Committee, assuming to regulate the prices a(
labour, sustained by funds which gave a great mid-
titude.an interest in its support, and dispensing a re-
gular system of rewards to those who suffered for
obedience to its laws, and of punishments to Those
who refused to obey them. But the most alarming
circumstance in the whole was, that the Magistrates
appeared to be inactive; that they suffered this dis-
graceful proceeding for hciurs before they interfered.
• The Leap CHIEF Jusucs.--Probably they were
alarmed, and afraid to interfere.. •
Mr. Enktorroa-Ganzawt. replied& that, supposing
this to be the fact, it shewed•tbe dangerous nature of
thiProceedingi which could thus Intimidate them,

elite. It wits the tottilltahltkirAiMiglod berm* t.
Statute, that where a fire happened through the neg-
ligence of the octupying tenant, hewer bound to re-
pair the loss to.his landlord,' •
Mr. Setjeant TOM , *ere
can be no doubt that would be the triaterriere'negli-
gence existed, but here neneexisted or was alleged.
HoWiver, the French law does not !protect in the
present case. He is.equally liable, whelk inneetatl'
or guilty of the cause.
• •
Mr. Justice Bustaouott said he saw no good' objk
in sending back this case for trial again. It would.b*
an unjust controversion of the laws of the Colony.
The LORD Cruet Juseteg.—l am of opinion that
it
would be improper to interfere on the grounds Stated.
Mr. Serjeant Ling.—But, my Lords, the case of
the defendant is peculiar. He is in the employment
of Government, and the litigation of this case is
thrown upon him. He is at the mercy of Government.
The LORD Cm!, JUSTICE.—We well know that
Government will not reimburse the party, unless the
merits of the case have been tried ; but we think that
has been done already. All that the Government can
wish to ascertain is, what is the justice of the case.—
It would, of course, throw the onus of shewing this
upon the defendant, and would then protect him
from the consequences. We think that enough has
been already done for that purpose, and that there is
nothing to warrant
.the interference of the'Court.—
Rule refused. •
The Cour t rose a few minutes before one o'clock,
to meet the other Judges in the Exchequer Chamber.
ARCHES COURT, NOVEMBER 16.
SUSPENSION OF A CLERGYMA N FOR GROSS MISCONDUCT.
Dr. PHILLIMORE and Dr. ADAMS argued at con-
siderable length upon the power of the Court to pro-
nounce sentence of deprivation upon the Rev. David
Bishop Davis, a Clergyman of the Established
Church, for griisi misconduct, whereby hi brought
into disgrace the profession.
The facts sworn to against the Clergyman were,
that he was in the habit of going into public -houses
and getting intoxicated ; that upon many occasions
he had used indecent and profane language in public-
houses among labourers and other persons of low
condition in life, and with whom he was not war-
ranted in associating ; and that he frequently told
obscene stories in the presence of such persons, to the
corruption of their morals, and the dishonour of his
sacred calling. It was proved that on an occasion in
which the Reverend Divine had been thanked for his
exertions in removing a pauper who would otherwise
have become chargeable to the parish, he had said in
a room filled by the Select Vestry, " Give me a good
horse and ss. and 1.11 ride to 11— and back again,
and face the old d--!"
There were affidavits from his female servants,
stating, that he bad constantly used towards them
the most improper language. It was sworn by the
maid-servants, that they had seen Samuel Bean, a
person living in the hothe, and who had formerly
been a pupil of the defendant, in bed with Mrs. Davis,
whilst Mr. Davis was in the room, undressed, and
evidently just risen from the bed on which the other
two individuals were 1) ing. The expressions, too,
which he used at this time, and which were over-
heard upon other occasions, were equally confirma-
tory of his knowledge and connivance at his wife%
infidelity. An attempt had been made by some of
the interrogatories to throw discredit upoir.the evi-
dence of two of the female servants, as having each
had an illegitimate child. But this circumstance
was not enough to overthrow their testimony ; nor
•did it apply to the character of one of them, who had
quitted the service from feelings of decency, on dis-
covering the practices which were carried on in this
family. Undoubtedly, conduct so degrading im-'
plied a total absence of every religious and moral
principle, and was calculated to bring the greatest
possible scandal, wherever it was known, upon the
Clergy and the Church.
Upon the affidavits to those disgraceful facts, it
was considered by Dr. Putwaronz necessary to pro-
ceed to the utmost limit warranted by the Canon
law. They were uncontradicted, and there was no
reason to question the respectability of the evidence.
He then cited one instance in which a Clergyman had
been deprived by that Court for obscene and other-
wise improper conduct.
Sir Jons NICHOL, in passing judgment, observed,
that the solitary case cited by Dr. Phillimore was
not sufficient to authorise him to proceed to the ex-
tremity of pronouncing sentence of deprivation. He'
then stated, that the judgment of the Court was—
That the Rev. D. B. Davies should be suspended for
three years from all connection with the Church ;
that before he should be restored, be should produce
certificates of his good behaviour from' three Clergy-
men ; and that it was still in the option of the Bishops
Court to pronounce sentence of deprivation. The Re,
verend defendant was also sentenced to pay all costs.
It being intimated to the Court that Mr. Davis had
some time since taken the benefit of the Insolvent
Debtor's Act, the Court said that that would not avail
a defendant in his situation as an exemption from costs.

no less than if those p
them. . With respect to the Te ease mentioned in the
affidavits, it could not avail the defendants, vibe hid
'wrought on the mind of their victims, at the time
when he was suffering terror anti distress, to sign an
instrument of discharge forhis own individual wrongs.
m e
Honiviver, Amos Carver was not the prosecutor; the
aster- can
instrument
Fiencli
weavers of Coventry, and among them Mr. Fanning-
resent case. He is.ellitally tr...-
don, had instituted the lircceedingt from
a sense
of
Pr
ili of the cause.
duty, and had removed than into that Court,- in or g
u
order that they might be made as public as possible. in Mr. fustice Bususotion said he
The case was now before the Court, who would deal sending back this case for uis
.with it as they thought that the interests of the coin- an unjust
co
Ctrov er
SPsion of
IC the I:
RD HIJUsT 1
inunity demanded. He felt for the misery which
most be brought on the innocent families of the of- would be impr off to interferer
fending parties, and for the misguided individuals Mr. Serjeant NIL-71M,
themselves; but in a case of this' alarming nature, the defendant is peculiar!
_H. !
the Government had an imperious duty to perform, of Government, and the
lit
in extending protection to the property and lives c,f thrown upon him. He is at th
its subjects, and in securing the public peace so dan. The LORD Cniav AMU&
gerously broken. Government will not reimbu
Mr. ANDREwS followed on the same side, and ar- merits of the case have been
geed that impilsonment alone would be an inade- has been done already. All
quate. punishment, because the Association had funds wish to ascertain is, what is
to support the defendants during their confinement. It would, of course, throv
Mr. Cosmos; SERJEANT addressed the Court in upon the defendant, and
mitigation of pOnishMent. He urged the length of from the consequences. N
time that had elapsed since the commission of the been already done for that
offence ; the compensation made to Carver for his in- nothing
. to warrant the it
dividual sufferings; the absence of all proof that the Rule refused.
outrage had ever been renewed; and the length of The Court rose a few
imprisonment which the defendants had already suf- to meet the other Judger
fered, as reasons why the Court should not further Aucuks COUP
severely. visit them. If they did not state that they SUSPENSION OP A cLanos
had ceased to be members of the society, or that the
Dr. PHILLimoRE an,
criminal regulation had been abolished, this was pro- siderable length upon t
bably because their affidavits were framed in answer
nounce sentence of der
to those laid before the Attorney-General when he
was requested to enter a nolleproseqtri, and not to Bishop Davis, a Cl
those produced on behalf of the prosecutor on, this Church, for griisi mi
into disgrace the prof
occasion. They had not 'put the prosecutor to the l The facts sworn c
expense of a trial, and they had themselves incurred that he was in the a
ha
great expense in consequence of the removal of the
proceedings, and the consequent necessity for them and getting intoxic
he had used indecent
to come to London. On the whole, therefore, he
houses among labc
,trusted the Court would feel that enough was done condition in life, r
to put a stop to outrages of this kind without inflict- ranted in associati
ing any additional punishment of great severity on obscene stories in t
the defendants. corruption of their
Mr. ADAMS, on the same side, observed that the
sacred calling. I'
parties guilty of the riot to which Mr. Farlingdon which the Revere,
alluded :had been prosecuted for that offence and exertions in remu.
punished, and that the defendants were not among have become cha
them. The Magistrates of Coventry had neither con- a room filled by
.nixed at these outrages, nor had been intimidated by horse and ss. ar
,them ;, but, by a wise lenity tempeting their firmness,
and face the oli
;they .had prevented their recurrence, and had soothed There were
.those animosities which produced them. By the exer-
stating, that h,
cisecf the same forbearance, the Court would better the most impr
,secure that harmony which now existed than by visit- maid-servants,
Mg the offence of a season long past with very person living
severe penalties.
.. been a pupil of
The. Judges consulted together for twenty minutes, whilst Mr. D
after which—. . evidently just
Mr. Justice I3AYLEY proceeded to give judgment. two individi
The combination in which the defendants had been which he ut
engaged was unquestionably illegal; but for this heard upon
they were yet liable to be prosecuted, and therefore
tory of his 1
'the Court did not take this into consideration in ap- infidelity.
portioning the Punishment. Neithet, since the pro-
the intent),
secutor had been compensated, did they now pass
deuce of tv
sentence for his individual wrongs; but, for the great had an ill
violation of the public peace, the Court were bound was not e
to make an example. Had the unfortunate object of
.did it April
their attacks died within a year and a day after the quitted tl•
infliction, or had any death ensued in the prosecution
coveting
of their unlawful design, all of them would have been family.
liable to the peoalty of murder. The Court, taking plied a t
possible
all the circumstances into consideration, adjudged
principli
that each of them should pay a fine of 201. to the
King, and give security for good behaviour fcr five
Clergy
years, himself in 401. and two sureties in 20/. and that up°,
four of theirshould be imprisoned fur nine months, was co
seven for seven months, and one nor six months, in teed t
the House of Correction at NVarwick. law.
At one o'clock the Court rose•to attend a meeting ream
of. the Judges in the Exchequer Chamber, to consieet
'lie tt
the Crown cases reserved for their opinion. , been
COURT OF COMMON PLEAS,, NOVEMBER 16. wise
cLaUpET E. MACAliTtly. Si
Mr. S?rjeant LENS moved for a Rule to spew cause that
why the proceedings in this case should not be
not
quashed, in consequence of informality arising out of
trei
a variance in the description on .the record. The. the
plaintiff, Madame Claupet, as the wife of a Gentle- ./.1,
man of that name, a resident of the Mauritius, was N:
the owner of certain houses in the island, one of which th
was occupied by the.defendant,, who was at the time ct
the Paymaster-General in the colony, in his Majesty's ere
service. In a great fire which happened there some
time back, the defendant's house, amongst others,
i`
was consumed. According to the Code Napoleon,
which was at that time the law of the island, the oc-
cupier of any house or premises injured or destroyed
by. fire was, except in certain cases, bound to make
good the loss to the owner. Under this law the plain- ,
tiff brought . her action io the Courts of the island,
Little Wadiingion, on reaching the House of Cor-
and recovered damages to a considerable amount.
rection, on Thursday, requested the presence of Mr.
However, when the record of the proceedings was . . • '
4.DiciNs, and on his appearance, demanded, a clean
transmitted to this .country, it was found to be greatly
bed, pens, ink, paper, liad two candles every night.
at variance with the original instrument. In the one
Mr. ADRINS replied, he ahould be treated precisely in
Madame Claupet was mentioned as the demandeur, the same manner as others who stood in a similar
while.in the other the husband was included, and the ..
precncamen.t. Dr. _ .
word demandeurs inserted. It was now contended, Watson shortly after visited him,
that according to,the construction of the Code Na- and gave him a shilling.
poleon, under which the original action was brought, . - IsfeaonabtExTe on THE SuRRET BIDE of WATER-
this was sufficieot to quash the proceedings. The de- coo Bitincra-From the southern side of this elegant
fendantilid not dispute the law, as applying to occu- bridge, down to the
Obelisk, in St. George's
-fields,
piers of houses ; but as it was extremely severe that there will shortly be one continued range of substan.
the occupier should be bound to make good a loss of i tial buildings, erected on ground which, but six years
which he was not the cause, be sought, by availing ag°, was * continued marsh or waste. In this line of
himself of every fair objection in point of form on the buildings stands the Coburg Theatre; between which
1
.record, to get rid of the onus. Though he did ad- 1 built i site and
mit theesistence of the law, it could not be denied ' the bridge is the New Jerusalem Chapel,
n the Gothic. style; a little farther on is on
that it was a severe one.
, . The LORD CHIEF JEISTICE.—Where is the severity Chapel, on an extensive scale, intended for a Bata
.41 e
here? Is it not just that the occupier should totem- Congregation. The space between that and
for his loss? The defendant was an 6 a large
1 Feathers," thelofty house erected by Mr.Wnirastaasso,
nify the owner pond, g lon the resort of socks of geese
agent of. Government, and Government must bear ' and d.ucks, which workmen, during the past week,
him harmless. .. . , . have been employed in filling up with earth..on which,
. .
Mr. Serjeant Lens submitted that it was not equi- a considerable mound of substantial materials is to
sable that the defendant should be called upon to pay i• be rAlsech and, s soon as the mass is properly comm.,
,fur an NWTi which did not accrue through his neglect..
Waled, a foundation for a new Church will be laid,
Tice fire did not originate with him, but it arose in breireue of a late Act of Parlitustent," which is tobe,
some stores of Government elsewhere., ibnilt,on a similar. scale to the elegant structure inch*
Mr. Justice nuanovom-1 see no injustice in *this New-road,. Pauclas,
. .
•

• -
uNzugsszt vittuiaLgt.
CAMBRIDGE.; NOVEMBER, 16.
ea, t. ' - . :aak Diasdaf lint, ;wird There ii4:4
41 Yen se dictate Mangled di Tweeddie was ed.
Sibreir at Arts:
°tube low &Conc@ posed the Senaie to ceder' the. de;
poiDoetstbi
rinity Dii, .t 1 lard **data, on tbe.Rev:
. Ctersrall, 1N:44 wiiii* dT College. - . •
' geutunisn Prlft'fik the mint year has been ili
to the Rev. Merited Bidispg Men IS:A.- redo* el'
Conege,.-Idekleeni dd,Aneeedlde RePilanee;
The tin' bjeet of Ike Nitrifies bite Neal for the ensuing ye
it- '!tie Mee andiMailen of St. John the Baptist.
Mr. Thomas Sbort,\ Ley Clerk. of Sigel. Trinity, and Se
John's Chapels, is Beets d Under Library Beeper of the Univer.
shy, In the reset of the lite Me beep` Toiiworthe. 'Ahe num.
bees were, for his. Short 94 Me: re. it& _.,
The Rev. Walter Burroughei, IL of Clare Mall,it admhtei
Fellow of that Sudety, en the foundation ot Mr. Rouge
OXFORD, NOVEMBER 16.
The Rev. Noel Thanes Mee, )LA; Fellow of Ballad Cot:
lege, has been appointed, In Coniocation, one of the Peblit F...ta:
miners, in the rotes of the Rev. Mr. Lowe
Saturday, the Degree of Donee is Divinity Was tinanimondi
conferred. in Convocation, on the Rev. J. I. Man, &1e
of hhgdalen College, Chaplain te his Majesty's Forces le the
Canadas, and now reddett at Quebec.