Star.
London, England, 1822-10-29 00:00:00

WHITAKER V. BOARDMAN AND ANOTHER.

This was -an action brought by a corn and flour
factor to recover a loss sustained by the improper de-
livery of a fiu!uvity.of flour. It appeared that seve-
ral sacks of flour had been ordered to be shipped on
board a vessel at Yarmouth, called the William, in-
stead or whiCh they *ere shipped on board the Wynd-
ham, and never,-reached the plaintiff. ' The alleged
loss by the wrong shipment a as .501.
Several witnesses were examined to prove the
plaintiff's case. •
The COMMON SERJEANi contended that the plaintiff
had no property in the flour to enable hint to support
the action, but the Jury, under all the circumstances,
found a verdict for theplaintiff.—Darnages, 601.

SMITH V. DAY. ..
This action was brought by the assignee of atank-
rupt, to recover 571. fer•lioard•arid lodging furnished,l
the defendant by Holms, the.bankropt.
The contract foie board and lodging was proved.
The defence was, that previous to the bankruptcy
14. Halms, a debt was due to. Day, and it was agreed
to se,t off one demand against the other. It was urged
.on the part of the defendant that nothing could be
more harsh than the endeavour made by the assig,
need to tnake.the defendant take for his debt a small
dividend. under the commission, and at the same time
compel, him to pay the full amount of the debt he
had contracted with the bankrupt.
A witness, harried Shepherd, stated that he was
present when a conversation took place between
'HOlins'and Day-about their respective debts. The
witness heard a. prop:hal . made to set one debt off
agaiust.the other, but the bankrupt annexed a condi-
tion to which the defendant did not accede.

The Jury returned a verdict for the plaintiff—
Damages 571.

n•lsoLvEvr DEBTORS' COURT.
Yesterday, Philip ,11.Gman was opposed by Mr.
HEAT{(, on behalf of several creditors.
The insolvent, as soon as his case was called on,
addressed the Court, and asked leave to relate all the
circumstances of his case, as far as related to the ship
Lod Nelson, and to his marriage with the widow
Roberts, or, as she was called in the Newspapers, the
buxom widow Roberts. The insolvent, without wait-

ing for any reply from the Court, proceeded to relate
his story with a volubility that rendered him scarcely
intelligible. He said he married the widow Roberts
in St. Andrew, New Brunswick ; soon after which he
came to this country with his .wife. lie purchased
the Lord. Nelson, partly with his wife's money, and
partly with his own; and having entered into a char-
ter party to go to Nladeira, his wife gave out that he
was going to run away with the cargo, in consequence
of which he was arrested, and was obligod• to let a
ship-broker. put a master in the vessel, who went the
; .and although she made £l3OO freight, the
master brought her, in debt £4OO. The insolvent
proceeded to state, that the ship was illegally de-
tained in the river Thames, that her register was ille-
gally detained by the ship-broker, and that his credi-
tors and his wife, had entered into a conspiracy to rain
him. He was proceeding with great fluency,. when
the Chief Commissioner told him, that when he had
exhausted his abuse of his wife and creditors, he must
answer the questions put to Ciirn by• Counsel.
The insolvent, on receiving this check, .declared
himself ready-to answer; and in reply to the.quei-
tions put to him by Mr. 'Fleath, stated,,that 110. was
committed to WhireCross-street prisou.onthe.9th of
December, 1820, and was removedby liabeas Cor-
pus to the King's Bench, on the 4thof.May,
On reference to the affidavit filed • in, the Court, on
which the insolvent obtained leave to petition; it-ap-
peared that it stated, that the insolvent ha,clbeelf first
committed to prison on the 4th of May,: 1$(2,1:. and:.
had not petitioned within 14 days from that d?fp, in
the expectation that he would be able to pay all hii
creditors by the sale of his ship, the Lord nels4
Mr. HEATH submitted, that the insolvenesfetition•
could not be allowed to stand. It stated the4ime of
the insolvent's arrest five months later than it wit; i.n
reality ; and, in consequence, it did not account for
his not petitioning within 14 days after he was ar-
rested; but fOr not petitioning during 1.1• days that
did not arrive for several months after his arrest.
The COURT said, that the objection taken by the
Learned Counsel was fatal to the Petition, which
must be dismissed.
John Harman came up to be heard on his Petition
to be discharged, and was opposed-by Mr. POLLOCK,
on behalf of a creditor named Lowe, and by several
other creditors in person.
The insolvent was a milkman, in Kingsland-road,
and had purchased a cow from each of his opposing
creditors, previous to the month. of•Aril, when, he
stated, he sold four cows and a horse and 'cart to
another milkman, in payment of a debt of £2B; and
in the month following he sold the rest of his cows to
pay his landlord, but the produce not being sufficient,'
the landlord put in a distress, and sold everything,
even the shoes off. his children's feet, and a straw
' snattras on which they ,lay.
The landlord was examined, and did nbt deny the
Lin..olvent's statement. •
Several of the insolvent's creditors were ermined,

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SEviwi-Pvib*:

and all proved that ale insolvent %iced tbefoiii ch‘ift;..
he said he had sold in April, as his own, dowel Id
the time of his arrest in August, soon after which
they were sold at Smithfield at a marderinfpria-
t4 10s. a cow. The horse and 'cart-appeared tcrtre
the insolvent's to the present time. ' --.t
..The insolvent called the milkman to wham he
stated be 14rd sold the cows and the horse and tart
and be gave an account of the purchase,'"Orhicli was
wholly at variance with the insolvent's. . .
The CounT said, the case at first appitateAtete
one of undue preference to a particular creditor, but
the witness called by the insolvent made it evident it
was one of concealment of properly, and of palpable
perjury; the judgment of the Court therefore was, than
the insolvent should be remanded for twelve months;

•
We are happy to find that the public. symiathY
has been excited in favour of Mr. EonzaT ottz.tir,
whose reduced cirsumstances we have already stated:
The farmers of the parish of Wily, who knew him in
his prosperous days, disliking to see him on the high-
way breaking stones, have within these few weeks
resolved to allow him the parish pay without work.
There_ is now living at Thomastown, Ireland, a
woman of'the advanced age of 109 years; Her name
is Elizabeth Walsh or Boyle: She was once in good
circumstances, but is now reduced to great poverty,
and is actually supporting three persons of her fourth
generation in the,greatest want. About six years
ago a person in the parish of Tullober, in Kilkenny;
took a house clandestinely from the landlord, and
-put her and five fatherless children out of it, which
,has .since left her without a residence for herself and
these orphans. She and her descendants were a few
,days ago lying on a cold floor, without a bed-cover-
ing, in this cold weather: nor had she a cloak to cover
her aged,body, now, more than 109 years old.
On the after-noon of Sunday se'nnight, the body of _
Mr:3l'llroy, undertaker at Kildonan, parish of Col-
.A yrshire,. was found in the water of Dusk, at
Pinwherry Bridge. Mr. M'llroy rode to Girvan on
the prectding day, and it is supposed that, on his re-
turn home, he had either been swept from his horse
while attempting to ford the river at the wooden
bridge, near Kildonan, or that the horse had stumbled
in crossing the bridge, as the animal came home at
one o'clock in the morning, with the bridle on its neck.
Friday senaight, as a man, his ss i!e, and child, were
returning from Brilten, they were luacked by font'
men, who pinioned the man and ts,,ed the woman in
a manner delicacy prevents us mentioning ; after this
brutal conduct they left them, and the unfortunate wo-
wan, in attempting to get up, fell backwards into
the canal, where she was drowned, before her husz
band could give her any assistance. Information was
given to the Police,
_ Manchester, and three men were
apprehended in the neighbourhood, and the officers
me: the fourth on the road to Manchester They
were ail committed to Lancaster Castle. -

RESURRECTION NEN—Theft)'lowing circumstance
has excited considerable attention in Bristol during
the past week. On Monday night a grave was opened
in Sr. Augustine's church-yard, and the..body of a
female taken therefrom. On the same evening two
men, one of whom had a sack on his back, were ob..
served entering the door of a. dissecting-room, .in
Lower College-street, which is sittiated'over the shop
of asreen-grocer, and with-which, strange as it might
seem, it has a common entrance from. the street... the
woman who keeps the.shop had, it is supposed, little
reason to be satisfied with the business usually trans-
acted up stairs, and, therefore, on the present occa-
sion,. she had very strong suspicions as to the' con-
tents of the sack, and resolutely opposed the entrance
of the man and his burden. The latter, ho• Never,
gained a lodgment; but the woman soon commuhi‘
cated her fears to her neighbours, and in consequence
a considerable number of peopleassembled about the
house. Among the rest, there was a man who had
lately buried his wife, and who,'on learning the cir-
cumstances, immediately pfoceeded to the church.;
yard, where he found that the grave had been dis-
turbed, and the .body taken away. ShOCked at the
discovery, he returned. to the:disstaing-room, and
having, by means of A ladder, gained an entrance
from one of the windows,
.the first object which met
his eye was the sack, containing the body .of his wife,
lyihg rinder.one of the bergehes: The man was &le
lowed into the room by several of his friends, and a
sharp contest ensueil, but ultimately the corpse was
carried off-by the right owner.

. •The Rev. Elf. P. visiting a country Clergyman, re-
'4uestec( permission to preach to his congregatiori
which his friend 'consented t0,.0n condition that he
adalted. the language of his sermon to the illiterate
Capacities of his parishioners, and that he used no
hard wards. After the sermon was over Dr. P. asked
his friend whether he had net strictly observed the
coriditions? The other replied that he had used se-
veral words beyond the comprehension of his hearers;
and instanced the word felicity, for which he would
have substituted happiness. Dr. P. contended that
one word was as plain as the other; and, to prove it;
proposed calling in the ploughman, and putting it to
him, which was done. " Well, Robin, do you- know
the meaning of the word felicity ?" " Ees, Sir," said
Robin (scratching his head, and endeavouring to look
wise), " Ees, I thinks as how I does." " Well, Robin,
speak up." " Why, Sir, I doesn't know disactly, but
1 thinks it's some'at inside of a pig r
A girl of the name of Field, daughter of a poor
woman at Stevenage, Herts, being sent by her mother
to a neighbouring pump for some water, instead 'of
Id iing so, went to a well belonging to Mr. Ebbs, a
, shopkeeper in that town, when, on drawing up a
bucket full, the bucket overpowered her, and went
1 down with great violence, taking the girl with it.
I.Fortunately she kept her hold, and the bucket float=
ing, she was enabled to call out for assistance, when
I same persons came to her relief and dletv her up.
Shc was dreadfully bruised about the head from
striking against the sides of the well, but there •re
hopes of her recovery.
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