Star.
London, England, 1801-07-31 00:00:00

TOIL CANDIDATA/ IN TN! SAILING MATCH VOA TUC CUP

AND COVED MIILI:

No. t. Mercury, . Attie'', Lambeth,
2. Caroline, .Turner. Weitroinfter.
3. Cal/Pro, . Chambers, Weftwvinfter.
4. Experiment, . Allen. Looessw.
3. Swift, Throughion, Nine Elms.
6. Mermaid, A. More, Hungerford.
7. Vixen, J. Fairbrother, Weftrainfter.

Rowlxo-Marc H.—The Vauxhall Annual Wher-
ry was yefterday won by Cannon and Birch, of
Blackfriars and Pepper-alley. Seven boats ftarted
for the prize, and the contest was very fevere.
The flores were thronged with people, who ap-
peared to take much pleafure and intereft in the
palling fcene.—ln the evening Vauxhall Gardens
were crowded with genteel company.

THE CANDIDATES IN TN! ROVING MATCH TO GAIN THE

WIltaRT Walt

No. 1. Philip Girard. Weftminfter,
Wm. Cook. Hungerford.
s. lay. Old&Id, Lambeth,
Jacob Wood. Hungerford.
3. in. Leese, Blackfriars„
John Shepherd. Lambeth.
4. John Burgoyne, Disaffirm,
Fn. Loa. Vauxhall.
s. Edward Brontwell, Vauxhall,
Wm. Barry. Hungerford.
6. Ja. Cannon, Mackfriars,
Edw. Birch. Pepper-Alley.
7. Chi. Weitwood, Vaulhall,
Win. Broomwell. VauxbalL

The works commenced in Hungary, in zygt,
for the conflruaion of a Navigable Canal to join
the Danube and the Theirs, are now finitheell this
Canal, which comes from the Danube at Metegfer.
rig, ncar the Town of Zanor, and joins the Theirs,
near Fekkar, runs over a space of fourteen miles;
it bears the fame veffels as the Danube, and a pal-
rage may be made in two or three days, whereas
formerly three or four weeks were neceflary. This
Canal, the &It of the kind which has been con-
ftruSed in Hungary, was undertaken by a Society
of individuals, authorized for that purpofe, by his
bimetal. MAJFSTY who, when informed that the
works were accomPlithed, immediately named a
Special ComrhilEon to eramine them. This era-
Imination has taken place, and the Commiffion has
'made the moft fatisfalflory report.

Inftinces appear now and then, in which there
is no occafion to complain of " the law': delay."—
On Wednefday the t 7th init. a perfon of the name
of Rainfos, a common carrier between Barnard-
caftle and Penrith, had the misfortest to Real three
foot-cocks of graft, in a field belonging to the Rev.
Mr. S H AW, of Bongate, near Appleby :on Thud
day, he was.comitutted for the fame ; on Friday,
he was tried at the fefGons, and found guilty ; and
on Saturday he was put in ;he Rocks for two hours!
A. pretty varier; of bufinefs for four days !

At the above fellions, a fettlement cattle was
tried, refpeaing the family of one Swaii, a pauper,
which had formerly been upon the parilh of Egre-
rnont. The refult of the trial fixed them on He-
verfltam parifh. Warnorland—with an capence
of tool. more than it would have incurred by af-
fording the proper maintenance.—This is one
proof (there are many fimilar initancts) oftsrorbial
ceconomy. _

Among the numerous accidents which have oc-
curred during the prelim week, we are forry to
record that of Mr. S. Hurrell, at Hatfield Bury,
on Tuefday hill, when travelling in his gig, in com-
pany with Mr. Gibling, whole reins unfortunately
broke, and running againfl Mr. Hurrell's whif-
key, he wu thrown between the two, and his
leg catching between the fpokes of Mr. Gib-
ling's wheel, he was drawn Come diflance with
the greatelt velocity, and was not releafed" until
his kg was fra&ured in a risoft !hocking manner,
and he was otherwife much injured. It is, how-
everr •: with pleafure we announce that the fever
with which he was feized has confidsrably abated,
and that there is reafou to hope that the accident
win not prove fatal

otherwife much injured. It is, bow- to him had ever been heard of at the Locce-nook
pleafure we announce that the fever in Fleet-thee. When the examined her parlour
he was feized has confiderably abated, the found that a watch and feveral olier articles
ere is real.* to hope that the accident bad been lieleti, and the trunks upon being broke
ore fatal. QM, proved to have been filled with rubbiai.

-47ff'4i-7s,•Zec.

Lrecotta Assists—On the 2111 infi. was tried,
before Judge HEATH and a Special Jury, a cattle
of fome importance. Hinman Allenby, of I-1::11-
wick Houfe, near Louth, Efq. was plaintiff, and
Thomas Jenkinfon, of Holbeach, in the coma), of
Lincoln, was defendant. The atlion Was brought
to recover fi sty guineas, the price of a brown honk.
On the tenth of April, 1800, the Plaintiff purchaf-
ed of the Defendant, at Holbeach, two geldings,
(one a brown, at 60, and the other a cheflitit at go
guineas) warranted' found. No complaint was
mad: by the Plaintiff till the t4th of rune folloW •
irg, when he wrote to the Defendant, that he (the
Pluntiff) had been told the chefntit horfe had put
out a bone fpavin, and went rather lame, which
he hoped was not true, as he liked both of the
horfes very much. On the 2i ft of Atigtill col-
' 'lowing, the Plaintiff fold the two horfes at Horn-
caftle fair, (the brown for fifty, and the chefnut for
filly guineas :) end in the September following,
the London dealer returned to the Plaintiff the
brown horfe as lame, who forwarded him to the
Defendant, and be refufing to take him, the horfe
was plated, and has remained at the Checquer Intl,
1 Holbeach, ever fince. •
The firft witriefs for the Plaintiff was George
Allenby, of Holbeaeh, Efq. his own bidther, who
proved the contra& and warranty, and Rated,
that the Defendant defined the Plaintiff " to .Ruff
the brovrn horfit's feet. and turn him out to grafi,"
the Era part of which treatment was deemed right,
bet th 4 latter was too improbable to be believed,
rind, owing to Elite rafh-erpreffions of the witnefs,
bilbre and at the Biwa, hisevidence had little or no
iveight.
• The next witnefs was the Plaintiff's footman, a
7path to whom the hdifes were delivered, who, on
tat fame day rode them alternately from Holbeach
to Louth, about fifty miles, and (wore .that the
brown horfe faltered; and was lame on the jour-
nay t bet as he did not, upon his arrival, acquaint
this mailer with the honk's .lameneft, and Was
ninth confuted in his testimony, his evidence had
tio fort of *eight.
.- The third adding vritnefs for the Plaintiff was
Michael Medley, a blackfmith, at Louth, who
Aattd,that belies called in by the Plaintiff on the
*h of May., 'Soo, and on examining the brovin
Work, " he found hi, feet contra ted for want of
eesttirsti; and that on piling his feet, and drawing
5 s fides; he difeovered a corn* in the near
foot, andithat. the other fore foot was folio.
* ;" which *as thought highly improbable,
and not according to the veterinarian fyflem. •
- The Defendant proved, in the moil complete
and tatisfattory manner, by the evidence of the
bleeder and breaker'of the .horfe in queilion, and.
tit •his own grooms, and an eminent farrier, that
Ale horfevrtstivehnne from the day of his birth
tithe hour ...when he *is -delivered to the Plain.
Ws fervent.
• Mr. Custom, (the Defendant's leading.Counfel)
on vwyeloq,n_ t fpeech, eronglynatinadvert.
beg on the plaintiff's condo& and cafe.
-The learned judge, infumnsing up the evidence,
confirmed many of Mr. Clarke's obfervations; and
the jury, without the haft hefitation, ape a Ver.
CA for the DefiMiimit. • •
'EDIIIIIII*OII IPLY 25r,..01% Monday laft the
Biel Call oilaAidaryproceeded in the trial of
Gine *Wm, orhoefeLitealing. •
It appeared by the evidence led by the profe-
ag
tutor, Mon it the • between the i 3th and 14th
of March k 4, a • and mare were Bolen out
ot Henderfeinas at Longeraik. " They were
mired early /text morning,- and Benderfon and
• his foci went dif&iont rotas to the Northward in
pilifeit of thenk; but 'without fuccefs. At the
fame time one Rabert Wiffott was employed to go
to the SOuthward; and, whin paffing St. Niniati's
toll.bar, he heard•thatm man and a boy, with two
bevies, had pared there about three o'clock in the
morning of the.t4th'. Wilton alfo heard of them at
Tprirood and Laurifton tollibars, at which la
they had turned up the' bins to 'the Southward.
}Will continued the parfait, and at Loch-head,
near Carnwadt, he faw a perfon who iisibrmed
him the man. an disc of • the horfes lived at Nesir-
hence. Oa' toiwirtg to Bridgehoufe, he called
the affitlance of' Mr; Wilhamfon; and along with
him asta three other men,' proceeded to. Neiv-
boafe, wheri thepttfoner dwelt. This was on the
flanday morning, Ind on paffing the Carlos toll.
hot., they were ieformed, Walker and his (eon had
paired there with two horfes on the preceding
night. On their arrival at Newhoufe, Warm and
one of the men went to the liable, where thEy
feitind Hendeifon's horfei, and Walker was apprt-
hended, after haviaghid hirofelf in a ditch behind
Ws houre. He was tarn carried to Mr. Williani.'
ion's; at Bridgebottfe, then to . Linton where he
was examined before a Jnfliee of the Price. Rom
I.,)nton he-was Cent to. Peebles jail, on 'tit& road fa '
which he twice attempted to 'make his efdipe: but
sr/hare-taken each time. Wilfotireturnedito Lifer'
cilig with the Ilolentorfes ote-the Monday'. ' . • :'
'Tn lis defence the prifbiter endeav6urtd 'to ac-
count for his having thefe horfes; b -
ailedging
Vete bought front one Thomas Miller, lealloufe
a little to the ea ft of Falkirk; but one of the.wit-
neffes for the Crown fworc, that on the road frotri
tile prifocer 's bottle to Bridge horfe, theprifoner ad:
mattedhd*i ad appointed to meet Miller at a hook
Letween Falkirk and Linlithgow, to receive the,
harks, which he knew were not honeflly coif* by.
He alto endeavoured to prove, by three wihieffet;'
that he flept on the 13th of March in l'orphichen ;
but two of thefewitneffes did not know the prifbner,
and the third, when defined by the Court, pitched
firm upon one of the audience, as the perfon who
had (lent in her hnufe. Being defired again to ex-
amine the liar. !he at haft found nut the prifoner,.
who, the fsid, along with a young boy, lodged nit!'
her one night in the beginning of March !aft. '
After the evidence was finilbed, the Loso A -
' woe ATI addreffed the Jiiry for the Crown, as did
Mr. Ate a Ile i.t• BILL for the prifoner• The LORD
Jesrrea C-Lias fummed up the evidence. The
Tory returned their verdia on Tnefday, anani-
snook batting the priltaer--Gwifry.

He var. fewdocea totliStsingtlx.tlat.dommon
place of execution, on-lirsdnefolay the 26th of Au-
gull next, •
foitgEO.
•
THE KING, AT 1.142 PROSECt/T10;g TIIE BANK OF

IRELAND, V. VARDEE.
At the 'ail Commialon of..oyer and Terminer
and General ,Gaol Delivery, held for the county
of Ditblin„the prifoner was tried on an indiftment
containing feveral counts, charging I;im,with forg-
ing and tittering, &c. a certap paper purporting
to be a Bank, of ,Ireland Nritfor one guine?.
The fitft count charged the uttering to be with
an intent to defraud The Bank of Ireland : and
there were various other coiint• charging the in-
tent to be to defraud different perfohs particularly
named in each count.

The fait count charged that the intent was to
defraud " the liege drbjefts of otir Lord the King."
The faits proved'Were, thei a Joan named Ma-
lone, being a prifoner in NeWgate; eiriPloYed a
1 woman (his relation), and his brother, to purc,hafe
forged ba'nk notes from the priforier, and th 4 they
with a good guinea dote given them for•the pur-
-1 pofe by Malone, 'and rtrarked by Major Sr,ii with
his initials, purehafed front the prifoner fix forged
guinea' bank notes, at The pike of 3s. ?-Id. each.
The good note was forifirt °tribe pnfoner, When
taken into euflody, and Major Sirr fwore 'to his
initials.
The Jury brought in a rerdid of ifol 6.8" on
all the counts eicept the lad, cin villa theyfound
the prifoncr Gail ry o idterini thictel note, with an
insist to' &frond the e tulip& a the King.' '
ji
Mr. M'Nattr, cr was C tract for the pri-
loner, idtimatect no the Court, that he doubted if
this verdi& could be jellified in law, as he conceiv-
ed the count-on which it was founded was not
warranted by the tlatnte-
The Court anfwered, that they would,wifh to
hear Mr. M'Natty in erred of indgrnent, if on
confideration he thought there were legal grounds
to fupport the motion : they knew if he had not a
reafonable doubt he would not perfevere, and they
would hear him with that attention which be al-
ways deferred.
Onsthe enfuing day, the 'prifoner being put to
the bar, the Clerk of the Crown baring alked what
he had to fay why judgment and execution fhould
not be awarded aphid him i
Mr. Ird'Nattv prayed that he might be heard
in erred of judgment. He prefaced his argument
by hying, it was not hi; intention to infmuate
.in
the fliggefl manner any idea to induce the pri-
foner or any OtherWbo heard him, that theoffence
charged on the pnfoner, *add of which he had been
found guilty, merited palliatiou—on the contrary,
of all offences to which the policy of the Legifla-
tore annexed the mutifbment of death, he confider-
ed forgery the moll beinou.. Neither did hit in-
tend to impeach the verdia of the Arry=it witS,.
not within their province to confider the law. 'lls
fads given in evidence, and the credit to which
the witneffes were entitled, were the objets of their
confideration. But on contemplating the i t•
ment, and the datute on which it was formed, e
could not but conclude, that there were objeftions
of fufficient weight to be fubtnitted to the Court.
—The Itatute enafted, that u ally perfun or per-
lons who fhould forge, counterfeit, or alter any
Bank of Ireland 'Note, or 13ill, or aid, hire, or
command any perfon to dofo—or 'wha flronld of.
fit fer to difpouf or put away any forged, counter-
' felted, or altered bank note, or an forged or al-
tered indorfement, &c. bank pot .bill, ice. or de-
mand the money in loch bank note, &c. with in-
tention to defraud. the Gotivenior and Company, or,
their fucceffers, or any other Perfon Or perfons, or
with any fratedulent intestine whatfrever, knowing
fame to be forged, thould Puffer, death without he-
Itiefit of clergy,
The ineliftment,* he °barred, ccatained fix,
county or charges mink the prifoner. ft char&
ed an' intent in the prtfoner to defraud the Gover-
nor and ComPany of the Barde,"of which he was
aequitied: It ani in the prifoncr to
ped
defraud revere] ons named, but of,thefe fereral
intents he was fo acquitted. Itclivged alto an in-
tent in.theprifoner to 44.auci " the liege. inbjeas,
of the King," aid codas charge he. was found
gUilty,
To this count he objeetedi ber,aufe it mutt have
been founded 'on the general *Os in the itatute,
and general words cannot fhpport an inaiitment
in, a capital cafe; in fupport of, wbich.pofition he
quoted leveret determinations. The charge could,
not be frapported tor another. neon, becaufe the
wordeu with ineent.to defriud the liege.lithjats
of tile' Caleb' were , no; in ibbtAft of Parliament,
aid in•a*capital charge nothing:o34l,l be taken by
'fiterldinent.- Bin if Obi above words were in the
ttireite, the Ratene Would be ba4 for incertaintY:
It' %rigid 'Kaye 'laid At ',char*e one of twp ways;
either with in 'itent.tO defend ,kparticular per-
Rai rofperanideferibed, beip ' . a liege fubje
_ft or
tot th? 6f.4, licing—or!.?dc, • vita liege fubjeft
/
1 • 'Kilt W-the tutors known—but 'liege
fubjeftsgenetall were too ind nice a deferiPtion ;
it lventan fhe* an intern to defraud "every liege.
fubje& on the fice of the Globe, in Great Britain,
in Ittland, and elfewhere, which was a thing im-
poffible.
' He then cited Hawkins's Pleas of the Crown,
(chapter xxv., feftion 7r.) tai thew that regularly
the perfon or perforiie.ffendecl, as wet "as the party
' tofeented, ought to be defcribed with 'certainty in
t
very indiftment; and fo he &id it was of the thing
oleo, which thould be partictilarly defcribed.
ile concluded this oblation, by obferving it was
a principle in the common law, that flattneS penal
(hall be taken ftrietly, and not extended bt equity 1
againtt the party profecuted;--and thole a all' a
fettled rule, that all ' datutes are to be trinftrued '
ftriftly in favour of life, and that no parallel cafe
twat comes within the fame mifehief (ball be con-'
ftrued to be within the pursqew of the theme.
The fecund objection made. by Mr. MINA 1.1.1.
Bras, that words not fpecifically tiled in the flatute
cannot be defcriptive of the hatirre of the Offeitee,
or of the purview of fuch Ratute, and, Of courfe,
the prefent indiftment cannot be
.fipported by
words not in the hattre, but put on the rteord by
the ingenuity of the pleader; and in fupport of

phis politiou he tisiohnibtiorkties cafe, 2 Burr.
1037. .
eigeed, that an incliatnent*sountica
lupqn an offence mitde by A.c.t of Parliament, mull
l- by eapri;fi ev'ervir;: bring the offiitte within the 'Pah-
Retinal defcription.macie in the ides of Parliament.
'and.thofe circtimfialaces meatipped in the flatutt,
;to make pp the offence, .thall not ,be
ithe general conclufion .plra !irritant fleryiii. Now;
,the exprels words in the flame are " with intent'
;to defraud the CoYernor and Company, or their
fuceeffors, or to defrapd any .poi!f94 tor 33etfpns
whoinfocveri" and ylie words 4! with any frawciut
lent intent whatever" are gePeral, aod.the,ple4figr,
is nut authorifed by law to,introduce.espcefs urittds,
nut in the 04V AP.
For there yeafons and n u.y others
forcibly .urgcd and. illud,tetr.clAiiy,apthoritits,he Cub.
ulitted that.the jpilOtertt quilitio,beSgrreikpl, 1;40,
added that no preciant couWhe fouod fuppctit
... • .. . . , .
the..pleadipg.
• mi. ' #
CLEM.; Coutifel for thlt i'r9(tcp!i2g
Grted that .the svor.cis in the Ilatute," .Ari
fraudulent intent villkeitet,4'etithorifed She cot-
iinibil;-7they were fweeping svql•ds tligt tool in
every fpecies of fratithilent !Mint connected sditli
the prohibition of the flatute. An indiartient fat'
having coin in the pcirelEon of hit pattler. 4th
intent to defraud the King's )4 fulsr es, without
nutting any) had heed Ifelei.g6ge 4-116 had attett,
di/Intent for coining.
Mr: Itlglator 'replied, that in the ;raft tars,
which wet at common la*, no objeEtion hat bees
madrby the Prifoner't COlth4l—and in the koolell
cafe the Words were in the fhatute.
The Court paponed giving judgment for ten
days.
On Tnelllay he eight of the Judges meet, grid
adjourned the curare ennfideretion Until the. fire
day of Michaelmas Term •
In confequence of ptifoesrt hateirtlf efeapetl front
Nevigate, Dublin, the Coairt Way orcieretl..-thet.
the Gaoler ihould 1* final Seed- until he thottill-
prove by stigdavit that no segligenee could Ica Mi•
puted to hint on the oceamf. -

-
On ganday fie toil Ink. thy 1 ldir ortiugh Eloydc!. riy 5,
tiAstElpyr. at )ter father's I,chf.:. at ill:filing-1441, Yor
OA SiillbyJdet, flit 144 of jehn Aguew, liSq. M. P. o:
doiyietoz, otiPfloitson,Yools, Atiddleks.

- ' ' MARRIEI
,•o.o,:ftieftl,a7feamitht. aa Arounttoo oar Scarborough. tht
1 11.4v4P51.#11 Wrawham, visor of fiumn_eby, to Mifs Do, •
Cfailcy,tecorld (11,144ter• or the kka krt. Dtgby, Cayley, reel2r
.o(llaomilantw, YNtfhtre.
Ai Kirk Sionori, ht the Me Mita,ator. Garth, Efq. of Bal.
I •
!anent to Mifs Mooreged Peel Twin,.
.
No Thrf4if feskifille4ihrsollort Mr-Tboutal Moore or
rEfeftv, faricon,
.to ifa f iaer, flAughter of Mr. Wiu,,,,
After, Cotfiptrolfer of t e t'Lltotha.
'Fuefday, at St. Mary's Lambeth, John Grammar, Ffq. of
ael iStdreit. Brace Vaillaiatik:r, adltilfoSelicha M'eorob, ds,.h..
ter OM Atcf"Pbt FScii• a WiSeat•Pbce. I—ambeelt. -
,), lift, at St.l4,aty-ta.bontr Church, by the Rev. Am.
blab At, eapi.-leremfah Marthhttaftm, to lot Ifa sane m.,.
bite-arardadpridr, Bova.

At Alitby,aged yopis:ll4a4Pwad--widow
As PcickliWenvesa 94, .449, !Abide/. Ilivther of R. C,
Rudfton, Efq. of Ayton.
I At Heide, in.Yorkikire, Edward Ifiltnteg. Efq, aced
I After a lingering Innen, tReWE7SISE. Pkkard, vicar of %
SkOtletli c944,411444.1404614,eke dohs Vican C.botal of
' Ore of 201 k. t 5,141. jute of Agomb../Adge.
' •

--iin-if-Sinatilslehealsl ina. et,blailodsisp in London, Dr.
1:&Ws, of itrotit•
day fennlett,,kket te worhitotaz at Chiantis, at the .k.,1,
advanced cof Ob, Stephen finn,,a nal* of the adjaining p.
AK ER thatte4l42a *la tillasaaihdober i 4, 1705.
../ILAtatcniAel Os pat per .d bibs". Mn Elizabeth
;Sundt% widow • .
On t*o 9thiat at it•gr, in lteictaiafte, after I few dag
alillfailigh . MA, wife ofeladiaoh: OW* Unimak.
Oa Thurfday fentaaitti fe ifklossitia Meth, Nast? plaid
0 efie std. laitenti-it" • fart, in the N •v.
p • ' kithlefirep, INg. ale tritidatilles jalticescof
ibliTer
the .ace for the County of Swailawayetit. ' multi. Sere
ptarolEiritaSeudeirics‘wtof thefuneighlbow"
1;1 the
fh ' , iar oilk to par the laii tratitteofitfnedutro.
itheisintautie I resat worthy aria itediest charade?.