Star.
London, England, 1801-04-24 00:00:00

DIACLEWER V. DUGLIN.

This was a motion to reduce the vcrdia below
the fun' given. The aetion was upon an Irith
judgment upon a bond, andthe fum recovered was
above the penalty. The Counfel contended, that
more could not be recovered than the penalty of
the bond, but the verdiet was above that rum.

Mr. Gum, in reply, contended that the bond
had nothing to do with the queftion; the anion
was founded upon the Judgment, and upon that
fum they had a right to expea intereft.—Rule Nyi
granted.

THE KING 40. THE JUSTICES OE DURHAM.
In this cafe the rule for a mandamus to reftore
W..Foßruia to the office of Hydes and Skins in
the Town of Sunderland was made abfolute, on
the ground that the Juftices had removed him
without giving him an opportunity of anfwering
the charges brought againft him.

THELLIMON V. COPINCER.

Mr. ERSKINE, on behalf of the Plaintiff,obferved,
that he yefterday expreffed a with that the fecfmd
indtament which had been preferred againft Mr.
Thelluffon,might be tried before the action brought
by him for a malicious profecution. He Paid, he I
was not then aware that the indictment was not in
that Court; and therefore he moved for a Certiorari.
Lord KEN row Paid, it was a very proper cafe for
a Certiorari.—Granted.
THE KING D. 11.10 H, !SO
Mr. ERIE tug had obtained a Rule to file a Cri-
minal Information againit the Defendant, a near
relation of the Earl of Darnley, for fending a
challenge to the Noble Lord.
This day Mr. Gouts (hewed caufe againfl mak-
ing the Rule abfolute. He fubmitted, that his
Lordthip had ufed expreflions towards Mr. Bligh
which, in Come meafure, might account for his in-
tern rate condo& prejudiced as his mind was by
thefe ill-founded exprefiions. He Paid, he had al-
ways lived in the moll intimate terms of friendfhip
with the Noble Earl, and in confequence felt him-
felf furprifed, and his mind wounded, when his
Lordfhip withdrew that confidence he had placed
in him, which he did on a ludden, and refufed to
affign any juft caufe.—He wrote to his Lordfhip
on the fubra, but could not get an anfwer : He
then happened to meet Colonel Bligh, alfo a rela-
tion to the parties, and was told by the Colonel
that his Lordthip would give no explanation, but
was ready to fight him. From Mr. Howard alto,
a friend, he learnt, that his Lordfhip had called t
him a fufpicious charafter' and averred it was Ban-
17s for any perfon to be acquainted with him,
I:Mg a madman. Mr. Bligh confidering him-
felf as being greatly injured by thefe afperfions of
his Lordflop, did, in the moment of irritation,
write the letters in queftion, and which, he was
convinced, he would not have done in his more
found judgment.
Mr. Glass Paid, he had no other apology to of-
fer than this : a different impreffion was made
upon Mr. Bligh's mind at the time of writing
them, and he hoped their Lordthips would not
make the Rule abfolute.
LORD KENYON:" What Mr. Gibbs has Rated
is by no means an anfwer ; there are reafons why
this (hould not be publifhed more than is neccfrary
for the ends of juftice. lam clear what has been
laid does not go to difcharge the Role."
Mr. ERCEINE laid, the defendant had by his
condo& proved himfelf no lets criminal than un-
fortunate. Had be (offered the judgment of the
Court to pars againfl him by default, he apprc
hended the Court would not have been further
troubled upon the cubic& ; but when Lord Darn-
ley's affidavit (hied, that he neither had, direily
or indirealy, ufed any injurious expreffion towards
him, it was too much for him to reit his defence
Lupon the denial of what the Noble Lord luld

rerted urn oath. The prefent was certainly not
the feafon for mercy, when the affidavit in anfwer
to the charge was of itfelf a libel. He was well
affured no man had ever concluded himfell with
more regard to what was due to the honour of him-
felf and his illuftrious family than the Noble Lord
had done.

LORD KENYON." The Court can only confider
this as a queflion between A. and B.—We fit hers
to determine judicially, without refpeß to perfons.
l am not unacquainted with the Tamil f or eh:vitae:-
of Lord Darnley; but thole are confederations I
do not prefs into the fubjefl. The Rule mutt be
made abfolute."

Accordingly the Rule for the criminal informa-
tion was made abfolute.

HOLLOWAY qui lam, &C. V. WHALEY, E 50....
This was an application to fet afide the proceed.
ings for irregularity in an action for the penalty in.
curred by a violation of the at to prevent gaming.
The irregularity upon which the rule had been ob-
tained was, that the defendant had never been
ferved with procefs.
Mr. Garteow (hewed caufe againd the rule;
which, he laid, was an attempt to pervert judice,
of a fimilar nature to many others, with the confi.
dcration of which the attenthn of the Court had
of late been occupied. Not long fince a cafe had
occurred of a like motion on the part of a Lady,
who, when the perfon came to her houfe to ferve
her with procefs, called out toiler fervant that the
was not at home; which declaration having been
overheard, the letter, containing the copy of the
writ, was left with the fervent, and afterwards
denied having been received by the miflrefs.—ln
the prefent cafe, the letter with the procefs had
been delivered to the defendant's fervant, after Ile
had dated that he was at home.—Mr. Garrow
was proceeding, when lie was interrupted by the
Attorney• General, who dated fob:l.:quern irregu-
larities in the caufe, which he raid had been decided
to be fufficient grounds for letting afide proceed.
ings.—The Court was of Opinion they Mould be
let afide, and the only queftion then was with re.
gard to the cods.
Lord KFNYON.—" The rule is nearly univerfal
that colts than be given when proceedings are fet
afide for irregularity ; and I do not fee how we
can forbear giving cods as far as refpeds the irre-
gularity."
Mr. Gaitßow laid, he (hould more fur a crimi-
nal information againft the defendant, and give
him an opportunity of denying, upon his oath,
what had been dated by the perfon who had ferved
the notice.
The Arroavry CFNEIAL intimated that his
learned friend was rather too fevere upon the de-
fendant; he was at lead entitled to as much refpea
as the pure and immaculate Mr. Holloway.
_ .

The'Rule was made abfolute with coils.

The following Song in the Bfind Girl, by IN.
cLi.non, feemed to have every aid upon the
Audience, which either the Writer, the Compofer,
or the Singer, could have erpeded.
The Brides Tar no peril knows,
But, fearlefs, braves the angry deep;
The thip's his cradle of repofe,
And (weedy rocks him to his Deep.
He, tho' the raging furges (well,
In his hammock (wings,
When the fteerfman Gags
Steady (he goes—all's well.
While to the main-top yard he fprings,
An Engliils wed heaves in view;
He anti, but it no letter brings
From bonny Kate, he lov'd fo true.
Then fighs be for his native dell,
Yet to Hope he clings,
When the seaman Sega
Steady the goes—all's well.
The florm is pad, the battle's o'er,
Nature and man repofc in peace ;
Then, homeward hound, on England's mote
He hopes for joys that ne'er will cafe.
His Kate's tweet voice thofe joys foretell,
And his big heart (prang.
While the fteerfman fings
Steady me goes—all's
At Woreefter Second Spring Fair, on the / nth
inft. fat cattle and fhecp were lower than at the
preceding fair.
At Evefham, on Monday left, there was a very
fine thew, and Inch reduced prices were offered,
that the graziers would not accept, and drove many
of their cattle away unfold.
At Shrevrlbury, on Wednefday, moll articles of
live flock experienced a very confiderable &pref.
fiou ; cheete fold from dos to Sos. per cwt. and
butter about I 25. per gams, of /alb.
The jack Ketch, of Norfolk, has been fenteneed
to a month's imprifonment in Aylefbam Bridewell,
for obtaining money under falfe pretences.
The journeymen wheelwrights have frud, and
infift on their wages being railed from 235. to 265.
which is after the rate of an additional 9d. on each
, wheel ; they refute to return to work until thefe
terms are complied with, in which Tome of the
mailers have already acquiefced.
Friday night !aft, the farm-houte of Mr. TR VF.
M AN, at hfarfton, near Frame, was deftroved by
fire.
Friday morning an affray happened among fume
perfons in Acorn-alley, Bilhopfgate-ftrect. which
is faid to have originated in a difpute concernir.g
lottery tranfaftions ; when a wo/An fnached op a
knife which lay on the table, and wounded on: of
II the men therewith in Inch a manner, that although
a furgeon was immediately fent for, no hopes were
entertained of his recovery.
Monday !aft, one of the Briftol Stages, convey.
ing a part of the Bath Company of Comedians to
that City, was unfortunately overturned en a level
part of the road near Tiverton, by which the left
leg of Mr. GILA SSINGTON, the Prompter, was
broken; the Iboulder of Mr, Swirls," the tree.
furer, difiocated ; and Mrs. TAYLOR and Mill
Sum/eels very feverely cut and bruited. We are
happy, however, to fay, they are all in a fair way
of recovery. The accident was fillely occafioned
by the unpardonable cu.:la/sets of the driver.

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