Star.
London, England, 1823-11-24 00:00:00

THE ARMY.

Saturday sennight, the Grenadier Company of the 10th
Abbe,
ment, under the command of Capt. Ar.s.xx, marched from Abbe,.
Ifeale to head-quarters, Rathkeale, having been previously rege4d
by a detachment of the 29th Regiment, under the command ot
Captain Pormtu, from Triter.
Four companies of tile 65th Regiment have marched from Null
on their route to Edinburgh Castle ; the remainder of the Reemest_
is to continue in tiullean they are replaced by the 17th, which i,
now at Portsmouth, lanry returned from India, and is expe&ed (4)
arrive at fluU on the ht of next month.
If nne circumstance more than another can speak creditabbr to
the character of the soldiers of the 934 Regiment, it is this, that
on embarkation for the West Indies, there does not appear to he a
single desertion, which is really a most unprecedented circuinstasee
and redounds much additional honour to that excellent liegimea,..

MILITARY PROMOTIONS.
Commissions signed by his Majesty's Lieutenant of the County
of Norfolk.
George Waddington, Clerk, to be Deputy Lieutenant.
N Regiment of Norfolk Yeomanry Cavalry—Kerrisoo Harvey.
Gent. to be Lieutenant, vice Squire, resigned.
Commissions signed by the Lord Lieutenant of the West Ruh:
of the County or York, City and County of the City of Teti.
Yorkshire Hussar Yeomanry—Lieutenant Mon. Henry Callan
to be Captain, vice Scott, resigned ; Cornet Sir John Vanden
Bempde Johnstone, Bat t..to be Lieutenant, vice Lascelles, pro-
moted ; Cornet William Augustus Lane Fos to be ditto, vies
Kaye, resigned ; Edward Fenton, Gent. to be Cornet, vice John.
stone, promoted ; Honourable Charles Stourton to be ditto, vice*
For, promoted. •

Letters from Leipzie say, that the passage afiFrench,
Russian,
and Spanish couriers through that city is very •
frequent. .

eOVIINT-GARDIZN....-Mr. SINCLAIR performed in The,
Cabinet again op Saturday night, and the house, at an
early hour, was full in all parts. The Opera was
strengthened by HAutsv, from Drury-lane, who:played
Mimic:do (vice Laitxix) by permission of Mr. &La,
row. Mr. &act...silt sang with more steadiness thanes
his first appearance, and was encored in all the songs
except the simple air, is OhLady, ne'er think," &c. The
is Polacca" was called fora third time, and the same
compliment (even after the scene had changed) was paid
to the duet in the last act between Miss PAvorr arid Mt.'
HARLOT. Att. lIARLRY was most loudly K.,:rlatuled.'
'Miss Pivorr plays Floretta with great spirit, and sings.
it delightfully.
BLIND Tnaystutn.s—We learn from Irkutsk (5.-
bera), under the dare of the 21st of September, wind
follows :—We have at present ocular evidence of a mat
unexampled phenomenon. On the 16th of this month,
M 0.% m Ea HOLMAN, a Lieutenant in the English service,
blind since he was 26 years of age, arrived here. Behar
.mpleted, without a guide, this long and hazardous'
journey, which he undertook with inconceivable courage.;
Re lett England for Russia alone, furnished only with.
some recommendations to persons of distinction. Never.
theleas, he performed this extensive journey without eie
periencing any delay, which might have been expected
from the obstacles which must have arisen from his
blindness, and his difficulty in expressing himselfeitheria.
Russian or French. Somebody always accompanied him
from one own to another, serving as interpreter. He
writes an account.of his journey in English, according
to the information which he collects. In doing this la
makes use of a writing machine, invented In England,
and used in several polytechnic schools. He is el
small stature, about SO years of age; his countenancers
open and agreeable. He still remains at Irkutsk;
endeavours to form an intimacy. with the principal
habitants. He experienced great pleasure at finial
some of his countrymen here, with whom he could allif
•
verse-respecting these regions. v 414
SHIPWRECIL—By the Nicholson from. Quebec
arrived in Liverpool on Saturday, we have received
Quebec Papers to the /th Oct. from which we emelt
the following account of the wreck of the brig Monne,
of Aberdeen, Alexander Martin, master, on St. his
Island, in the Gulph of St. Lawrence :—Sunday MOW
bag, the 14th September, at three, a.m. the Meagre.
bound from Newry to Quebec, in a thick fog, and ivied
southerly, struck on a sunken rock on the south.e
side of the Island of St. Paul ; but fortunately for the
crew and passengers, she beat over it, and came iacdoi
tact with the cliffs of the island. There were Mgt
persons on board when the vessel struck, twelve If
them seamen, the other. passengers, Eve of whoa
drowned and many of the survivors dreadfully Ira
The Captain *
and crew, who were particularly ite
their endeavours to save the lives of the passenge
tunatily sustained but trifling injury. The meths
adopted to get en shore, was by cutting away the
which4ell. on the rocks, and by the greatest on
twenty-Sussof their number succeeded. in gettinge
vessiTheld together but ten noinutes sthe
werelandid, and the whole of the passengers ao
of the crew being at -rest !Alen she strocks thel
consequently cast naked on shore. Is this deepl
state they remained three days on the Island, It
anything to subsist on but a few pieces of perks
fortunately floated on shore from the wreck, and
they were obliged to eat raw; souse clothinge
also came on shore, assisted, in part, to cover the
kedness. Luckily, on the moming of the I 7thsd
Generous Planter, of London, from this ports 11
sight of the Island, and perceiving their spa
ceeded in bringing them all on board, alleiP
them from their perilous situatloo. Tbe C
(Woodford) afforded them every assistance whiei
distresses required* and is deieiving of *Pi
praise for his humane and gentieetalllY -MCP
wards then'. The Captain, mate, sad oat pill
went home in the Generous Planter;
arrived here in the Sir James ICoal_pto "'h. e.
•
they were transferred by Captain WOodkorae.'.
Stewart, of the Sir James Kempt, rendered son!.
assistance which his means would alloys and
entitled to. illfitioritedo•
preachers,,--- g
Methodist

.rsbi

• THE LATE HORRID MURDER.
Mr. Harmer, the Attorney,has undertaken the defence
of Hoot, and had an interview with the prisoner.
&rectal witnesses, whose names arid occupations we
think it as well not to mention at present, were sum-
moned to Hertford on Saturday. While these indi.
*duals were waiting, Mr. Harmer and Mr. Fenton, the
Attortties for Hunt and Thurtel), were sent for to attend
the Magistrates. On their entering the room, Mr. Clut-
terhock informed them of the nature of the proceeding
which the Magistrates had'in contemplation. He stated
that it
was their intention to bring in the prisoners, and
to read in their presence, and in the presence of their
Solicitors, the evidence which had been taken against
them since they bad been committed for trial. This
perhaps might be considered as an act of "courtesy, as
,uch a course was by no means indipensable. Mr.
Clutterbuck then added, that they also proposed calling
is the witnesses singly, arid affording them an oppor-
weity of saying whether they could identify the per-
!am of the prisoners as individuals whom they had
previously seen.
Against this course Mr. Fenton, the Solicitor for John
Thultell immediately and strongly protested. He did
not mean, he said, to question the purity of the motives
tn, which the Magistrates were influenced, but it was his
duty, acting for the interests of his client, to urge every
ptusiak argument in his power to dissuade them from
jime of conduct which in the present stage of the case
be could not but think unjust. A proper time would
arrive when the witnesses sv. uld have an opportunity
o[ identifying the prisoners, if they had previously seen
them; but it was impossible not to foresee, if such
a precedent were admitted, that it might lead to very
mischievous consequences. For aught he knew, although
lull no means meant to insinuate that such would be the
case, half a dozen persons might now be introduced into
the jail for the express put pose of making themselves
acquainted with the persoas of the prisoners, so as to be
subsequently enabled to swear to them in Court. He
apprehended that in point of law, after a defendant had
been once fully committed for trial the Magistrate had
DO right to introduce witnesses to him, either with a
view to further examinations in his presence, or for the
purpose of identifying him. It was obviohs, in fact,
that such a course must be extremely harassing to a pri-
soner, and calculated greatly to distract his attention
from those arrangements which might be necessary for
his defence. If his notions, however, on the subject
were incorrect, lee was fortified with the opinion of Mr.
Chitty, whom he had consulted, and who decidedly
•agreed in the sentiment he had expressed, adding, "that
if the Magistrates persisted in such a course, he would
advise a motion to the Court of King's Bench, fur a
criminal information: Mr. Fenton then read the opi-
nion of Mr. Chitty, as it was written by.that Gentleman.
Mr. Harmer, who was present at this protest; took
-no part in the objection.
Both Gentlemen were then requested to withdraw,
and the Magistrates again remained for some time in
'close conference.

Mr. Fenton and Mr. Harmer having been once
more called in, Mr. Clutterbuck repeated the object
which himself and his coadjutors had in view, and sug-
gested that it could admit of no reasonable opposition;
nevertheless, if Mr. Fenton thought it would in any
way prejudice liis client, whatever might be their feel-
iAgs as to their right on the subject, they would not act
against hiiruishes:
Mr. Fenton said, that he could in no respect depart
from the opinion he had delivered. The situation in
which his client stood, called upon him to act with the
utmost circumspection, and to avail himselt of every
advantage which the law allowed.
Subsequent to this interview, Mr. Clutterbuck's clerk
went to the witnesses who still remained out of the jail,
and informed them tfieir presence w as no longer wanted.
In consequence of this they returned to town in the
course of the evening.
The Earl of Essex was at the :prison on Satur-
day, it is said, under the following circumstances:
—Some time ago be received an anonymous letter in
London, from a person supposed to be a Lady, solicit.
ing an interview in a particular part of the town,
where lie was desired to be in attendance in his coach.
The Earl of Essex, supposing the intimation to be a hoax,
instead of obeying the message himself, sent his footman
in the coach, when, instead of finding a female, as was
surmised, two men came up, looked into the vehicle,
and went away, not finding the owner of the carriage.
Some idea was entertained that this hoax had a more
serious object, and that the parties who were supposed
to have played it off were connected with Thurtell and
his companions. On the Noble Earl entering the little
yard in which Thurtell was walking, the prisoner M.-
ceired him with sullen astonishment. The parties looked
at him, and one of the Magistrates touched his hat as a
common mark of politeness. Thurtell returned the ci-
vility, and the parties retired. We understand that the
footman declared him not to be one of the men who
had looked into the Carriage. The Noble Earl did not
visit the other prisoners, but immediately departed from
the prison. Mr. Fenton afterwards visited Thurtell, and
remained with him.for some time.
MEETING OF THE MAGISTRATES.
A Meeting of the Magistrates was held on Saturday
at the Tows-hall, Hertford, for the-purpose, it was said,
of taking into consideration the circumstances connected
with the Writ of Mandamus issued to them by the Court
of King's Bench, and the steps which had been taken by
the Rev. Mr. Lloyd, as visiting Magistrate of the Jail,
in obedience to the order sanctioned by them at their
meeting, subsequent to the commitment of Thurtell
and his companions.
We subjoin a copy of the order, together with its
signatures:
K At a Meetinrcif the Magistrates, holden this Bth day of No.
member, 1823, it was resolved—
. That none but Magistrates and the professional advisers of the
prisoners be admitted to visit the prisoners ; and it is recomoteruled
that none but visiting MagiStrates shall avail themselves of their
right to visit the prisoners until after the next jail delivery. And it
is further resolved, that no professional adviser shall be admitted to
see any prisoner until he has satisfied a visiting Magistrate that he is
employed as a professional adviser of such prisoner, and that he
claims to see such prisoner with the sole view of supplying his pro.
fessional assistance • and it is intended by the above, to include
within the description of professional advisers none who are not ad-
mitted anomie' of one of the Courts of Law, or Solicitors in the
Coiirts of Chancery, or Banisters at Law.
(Signed) DALE./ JOHN Gam
Meier Cowman TIMMAII LLOYD
WILUAss Dian RowLaso Amnon
SAMUEL SMITH E. Bailsman
TURMAS DASIELL C. Cannes
Cuss. Ross C Baonx -
F. CALVERT I'. HADDON
Geo. Dimmer R. CALVERT
H. RIDLEY R. SODAS PARRY."
d. Posoos

- By the West information, from a Gentleman in Lord
Cocoas seeadson, it lippears that his Midshipmen have re-
mind eaA Ithil. prize-money.

COURT OF SESSION lOF SCOTLAND.

THE LAW OF MARRIAGE-EDINBURGH. NOV. Is.
A case of considerable importance to the law of mar-
riage was decided on Saturday last, by the second di-
vision of the Court.

The following seemed to be the admitted facts of the
case as they came out in the pleadings of Counsel and
speeches of the Judges. We shall call the female party
A. the male B. A. was a maiden Lady, who some years
ago succeeded to a very considerable property. She
had long been unfortunately in the habit of drinking to
excess. In 1818, and in the 51st year of her age, she
resided at N—; an estate distant three miles from a cer-
tain burgh, with her nephew. At this time B. then,
aged only 23, was employed as gardener to the nephew.
On the evening of the 30th of March, 1818, the parties
disappeared from the house, and proceeded on foot to
the house of Mr. M. one of the Baillies of the Burgh, in
which house B.'s sister resided, in the capacity of a ser-
vant. The 'Lillie of the house was from home; but in
his absence, another Baillie, who was es sfcio a Justice
of the Peace, and the Procurator-Fiscal of the Justice
of the Peace Court, were brought to Baillie M.'s house,,
and there, upon the request of the parties to be married,'
the Procurator-Fiscal preferred an indictment against
them, charging them with having been irregularly mai.,
ried, contrary to the Act 1661, cap. 34. to which indict-,
mein they pleaded guilty, by a written acknowledgment,'
subscribed by themselves and the Justice of the Peace.
After the cnnclusioti of the ceremony, B. hurried A.'
away to the house of his brother-in-law, a tailor, in a'
village at some distance. Hem she was visited next,
morning by her nephew, who had come in pursuit of'
her ; but, according to his account, she-was so much
intoxicated that he could have removed her only by
force, which was not safe or even practicable. In the
tailor's house she was also visited by two persons, in the
confidence of the nephew, wlllb were convinced from
what they observed, that both her senses and her feel-
ings had been practised upon. An attempt was now
made by B. to have himself and A. rebaked by the Mi-
nister of the Parish in which the village is situated, for
an irregular marriage; but the clergyman refued to
rebuke them, on the score that they were not his pa-
rishioners. However, in consequence of some manaeuvre,
he addressed a letter to the then Minister of an adjoining
parish, who came out of the bounds of his own parish
to the village, and there not only rebuked them, but
made them go through the formal ceremony of mar-
riage. After passing about a week in the village
(during all which time it did not appear that the mar-
riage was consummated), the parties returned to the
burgh, with the design that A. should uplift some
monies in the bank. When in the burgh, A. succeeded
in giving B. the slip, and fled to the house of a relation,
from whence he effected her escape to her own home,
at N. wheregte obstinately persisted iu refusing to re-
turn to B.'s society.
In consequence of certain proceedings adopted by B,
A. thought proper to raise an action against him, before
the Commissaries, of declarator of freedsim and putting
to silence. He, on the other hand, raised an action of
declarator of marriage. In these actions (which were
conjoined) A. pleaded generally, that she was in a state
of intoxication and imbecility at the time when thole
proceedings took place which were held by the other
party to constitute marriage. B. maintained the vali-
dity of the alleged marriage, and applied to the Court
of Session by bill of advocation, which, having been ad-
vised with answers by Lord Cringletie, Ordinary, upon
the 9th of May last, his Lordship pronounced against
the marriage, and refused the bill.
The case came to be advised, upon petition and an-
swers, by the Inner House, upon the 15th inst. when
the Judges severally delivered their opinions.
Lord CRAIOIII briefly expressed his conviction, that
A. was in a state of inebriety when the pretended mar-
riage before the Justice was solednined. Had there
been any evidence at all that she had. been restored to
the possession of her faculties at any time during her
residence in the village, he should have found a diffi-
culty in annulling the marriage. This, however, was
not the case. No one could doubt the proceeding held
by the Fiscal and the Justice was a gross prostitution
of the judicial establishments of the country, and highly
reprehensible. At the same time, froth his know-
ledge of these Gentlemen, he felt confident that they
would state nothing upon oath which they did not con-
scientiously believe; althotigh all the other evidence
clearly chewed that they had been deceived in suppos-
ing A. to be in a state of sobriety.
Lord Rosztersoto went over the evidence at great
length, and expressed a decided opinion, that A, the
female party, neither was, nor could have been sober,
when the sham ceremony took place in --, having
been drunk nine days previously, having, drank a
quart of spirits that day, besides smaller quantities, in
her progress from A to the house of .the Magis-
trate. She was seen drunk in the streets of -- im-
mediately before the ceremony took place, by two wit-
nesses ' • and after the ceremony she was seen by another
witness put into the chaise like a bundle of old rags.—
Norwas there any doubt in his mind that, during her
stay at ---;•she had been kept in a state of stupefaction.
Lord GLattiaa signified assent to the -opinion deli-
vered by Lord Robertson.
The Lonci Jusricx Cunt* observed, that he never
knew of a mote hideous and disgusting case than the
present, and it was the more so from the manner in
which some of the evidence had been given. It was
clearly established, as was well observed by Lord Ito-
bertson, that before the sham ceremony and after it, the
pursuer A. was in a state of beastly intoxication; and
from the quantity of spirits she had drank, she could not
well' bay* been otherwise: And as to her condition
during the ceremony, there is even direct proof that she
was drunk at that tame. Mr. W. M. a dispassionate
witness, swears that she bad the appearance of having
been drinking, and he swears also to the remarkable fact, ,
a having been told by the official Gentlemen that Miss'
A. was a drunken woman, and B. would make his for-
tune by her, although each of these Gentlemen swears
that he bad never known her before that time. The
mostcliatitable way of accounting for these discrepan-
cies would perhaps be, to hold that the understandings
of the two Gentlemen had been affected by the same
cause which had obscured the judgment of the unfortu-
nate woman herself. With respect to the offer of a new
proof,
to listen to it for a moment would only be con-
seining to open the door for a flood of frightful perjury.
Who were the persons wanted to be examined? The
very persons whom B. did not venture to examine at
proper stage, and by whom A. had been kept in du-
rance while in the -village. The other was altogether.
isvaissisaibie at the stage of the process. He fully con
'furred in the opinion, that the proceedings which were
said to constitute the pretended marriage were a scan-

--

"dal to the administration oftbe law of the country; and
he was not prepared to s that the recommendation
which had been made to the Lord Advocate should not
be urged upon him: but, from the notice which had
been taken of the case, he trusted that such another
would not again occur in the country, where, it was said,
such cases were so common as to constitute a custom.

Petition for B. the male party, refused.
It was stated at the bar, by the Counsel for A. that
she had already actually expended £l2OO upon this suit.

SHIPWRECK) D MARINERS.

EXTRAORDINARY NARRITIVE.
The following statement was made before some
Members of the Seamen's Friend Society, who scrupu-
lously inquired into the facts, and recommend the con-

dition of those who esc%ped, after having struggled to
live on a desert island, k the Indian Ocean, nearly two
years, to the notice of the benevolent. On the 9th of
May, 1820, the smack. Princess of Wales sailed from
. _

London for Prince Edward's Island, in the Indian Sea,
for the purpose of catching seals, which sea they reached
on the 17th of M irch, 1821. At midnight, she struck
on the rocks of the Island of Crozette, and the crew

got out the long-boar, notwithstanding the proposal of
the Captain, wit.), acquainted with the desolation that
prevailed on the Island, thought it would be better to
go down, than to brave starvation and other miseries;
They reached shore, having saved nothing from the
wreck but a tinder-box, a frying-pan, a gridiron, a
lance, and a few knives. Before this occurrence, eight
of the crew had left the smack in a boat, with the intent
to fish close to another Island, on which they were
obliged to go ashore, and next morning each party
thoughf the other lost. Those who had landed in the
Island bl Crosette were seven in number. The night
was as/LA as pitch, and the sufferers had no other means
of protection than the boat, which they turned over them-
selves as a security against the sea-elephants, which were
in great abundance in the neighbourhood. In the mottl-
ing, they saw the vessel on her beam-ends, with a large
hole in the bottom, and a heavy sea washing over her.
With difficulty, on account of the heavy sea, they suc-
ceeded, after several attempts, in getting possession of a
few chests of spoiled bread, a part of one of the sails, some
rigging, and at last they got hold of the mast, which
was soon separated by the storm from the vessel. For
three weeks they lay under the boat, being prevented
from building a but by the inclemency of the weather.
They lived upon birds and the tongues and hearts of the
sea-elephants. The former they were enabled to catch
with ease; the latter they killed with' the lance which
they saved from the wreck. In the course of a month
from this period they raised a hut with the materials
saved from the wreck, covered the roof with the skins.
of the sea-elephants, and made beds of grass. Their
winter, in consequence of the island being in about 47
degrees South latitude and 47 degrees East longitude,
took place at the period of our summer season; Aut, in-
deed, so inclement was the weather during their abode
there, that the summer may be said to be limited to one
month. Their clothes la,sted until December, when they
were obliged to use seal skins,which they sewed together
with the sinews of the sea-elephant, by means or an old
nail. Their whole time was occupied between eating and
lying ,in wait for the sea-elephants and birds, and read-
ing It Bible, which had been saved from the wreck, and
co-operated with the sufferings they had undergone in
reforming the mcht dissolute amongst them. The month
of December had nut ended, when they were astonished
and delighted at seeing a boat rowed up to the beach,
and their eight shipmates, who they feared had been
lost, land upon the island. It happened that the very
plans adopted by the one party had been acted upon by
the other. They were dressed in the same manner, and
had lived in the same way ; btit those who had left their
island had not beefs able to raise a hut, and had ventured
again upon the water, in search of a mote comfortable
abode, which they found amongst their friends, after a
search to the distance of about 15 miles. The two
islands were distant from each other upwards of three
leagues ; and the inhabitants being thus collected, and
having lived together three weeks, the means of living.
began to become more slack, and it was agreed upon that
five of the number should go back to the neighbouring
island to live, while those who remained where they
were should build a vessel of the materials of the hut
and the planks of some houses which the Americans
had formerly erected, and were buried in the sand.—
After the most dreadful fatigue, they succeeded in
building a stone house, and were at the same time pro•
ceeding with the ship in which, wretched as it must ne-
cessarily be, they were determined to attempt to return
home. • In about five mouths a lugger of about twelve
tons was completed. They launched here and intended
to depart the day after, but to their dismay, on the very
night of the launch she was brown amongst the rocks,
and her stern was beaten in., Scarcely, however, had
this calamity occurred, when an old seaman, who was
constantly employed on the look-out, cried out, A
sail." They all looked in the same direction, but the
general opinion was, that the sail was no other than a
large bird' which had often led them into error of the
'same sort. They, however, lighted a fire with the blab-
bet of the sea-elephant, their only fuel, on the most ele-
l-eated part of the island, to attract the attenti'.n of the
.e.essel, if there should be one in sight. They soon saw a
lehocnier, which sent a boat ashore.
The shipwrecked seamen ran towards this delightful
object, but as-their seal skin trowsers retarded their pro-
gress they threw them off, and the crew of the schooner
actually took them for a new race of inhabitants. So
great was the desire of the unfortunate fellows to get on
board, that they actually ran into the water, and swam
toward; thevessel, where they were providerksvith every-
thing they wanted. The schooner was the Philo, of
Boston, Captain Percival. 'They were taken to the Isle
of France, and two of them, named Veale and Pether-
carde home in the Lord Exmouth, Capt. Evans.
These poor men are quite destitute, 2nd remain under
the, protection of the Bev. G. Smith, of the Friends of
Seamea's Society, the Secretary to which has inquired
into the truth of the circumstances detailed.
A few days ago the two sailors were brisught before
the Lord Mayor by the Society, but his Lordship could
redder them no permanent assistance, but approved of a
plan of raising a fund for the benefit of shipwrecked
marinfri.

The cOtnnierce between Great Britain and the South
Anierican States has rapidly increased since 1917. In
the year ending Jan.s; 1917, the value of Britisit goods
imported. to. Buenos Ayres was 089,487 ; in the year
boding Jaa.ls, 1823, their value was £1,164.765. The
"value of exports to Valparaiso in the year ending Jan.s,
1818. was 02,797 ; while in the year ending Jan. 5,
1983, their amount was £162,848.
•