Star.
London, England, 1816-11-25 00:00:00

EPITAPH •
ON THOMAS FOUNTAYNE, Esq.
OVUM SON or Tilt DIBANAIITONII; lt4 MILTON! CIIIUSCII•TA&S.
BY THS LATE WILLIAM MASON, A.M.

O hare, if
.ever, holy Patience bend •
'IV duteous knee! the hand of Hewn n reran!
Nee bid theta, mother, *lifer, Mind,
In mute st4ndotion,.drop the Christ'i wee
for blame that to tie vernal noon of youth
Tie hods of mauly.worth, whose opening bloom
.111udglawed with honour, fortitude, add troth,
in tle,mornal winter of the tomb t
• ••
`Mit hr white form with health, with beauty thorned,
. ar whom fair Portanes liberal fug was tread. •
.114otn science sunned, bright example warned,
• , Was torn by lingeriws torture. to the dead!
Hark:" cries a voice that iwes the aliened alts
46 The doom Of man In my dread Weems leo;
• *Be yours 'white to pace this vale of care
66 Be his to soar with Seraphs lu the skies !"

A new Chapel has been erected at Lewes by the
Rev. T. It. KaMP. That which the same Reverend
Gentleman is building in Brighton, is neatly finished.
Saturday morning a stone mason, of the name of
JOhn Hutchinson, who was at work repairing the
Tower Church, dropped down dead, whilst standing
at hi. work, he was giving some orders to the la.
bower who attended him at the time. Surgical assis-
tance was insineditely procured, but to no effect.
Another instance of sudden death occurred on Sa.
Vardar looming. et the Bank -of England. where one
of the Clerks, as he sat at his desk, fell ist a fit, and
espired in a few minutes. •
Sunday morning. Thomas Powell, a poor old
man, by trade- a currier, was found dead in one of
the stables of the King's Head lon, Horsham.
A tew days since David Ockenden, was round
dead in a lane at Cuckfield.
. An elderly labouring man was frozen to death in
the neighbourhood of Churcheaton, in Staffordshire,
an Thursday night.
• HATTON Ge.neztr.—On Saturday the driver of a-
hackney.coach applied at this Office for a summons
against the Rev, Thomas Parkes, one of the Spa.
fields orators, under the following circumstances t
The complainant stated, that after the meeting broke
up, his coach was employed to carry the Reverend
Gentleman home to his lading:, in Essex-street, in
the Strand; that on his way home his horses were
forcibly taken by the mob from the coach, and on
complainant making some resistance, he was struck
by several persons, his clothes torn off his back, and
bimielf bustled about. The coach was then drawn
by the mob, but it not being so strong as the Lord
Mayor's state coach, it was broken in several places;
the harness was likewise broken and rendered nearly
useless. Complainant applied to the Reverend Gen.
tleman for some compensation, but he only laughed
at him and set him at defiance. The Magistrates
accordingly granted a summons.
Bow-Stascr.—Saturday Jobs Crop a baker, of
Drory.lane, one of those ..alled cheap bakers, was
brought to the Office, charged under the last Act of
Parliament foe regulating bread, with having sold a
quartern loaf for Is. Qd. to Bryant Keuny, a.poor
journeyman tailor, with a wife and three childeen to
support, which proved to be so bad that they could
scared) eat it; they were obliged to eat part of it,
as they had no other; the remainder the poor man
took back to Mr. Gray's shop, to ask to have it
changed, which Mr. Gray refused ; the • poor maw
in consequence brought it to the Office to complain.
It had a very visible seam through the loaf, near the
bottom crust, composed of some ingredients, suppo-
sed to be potatoes, and the whole of the bread had
a very coarse and unpleasant appearance, as well as
taste. A search warrant was in consequence granted
to search Mr. Gray's premises, and Richard West.
brook and George Ruthen, ;vere the constables sent
• to execute it, who took with them a baker, as die
Act directs.. On their return to the Office, the Offi-
cers produced a wire sieve, which had evidently been
used in mashing or grating potatoes through ; there
were also' some potatoe parings in it ; they found it
in a cellar under the street, adjoining the bakehouse.
They also found in the same cellar about seven
pounds of potatoes in an iron kettle near the sieve.
ait sample of the flour was produced, which on tasting
proved to be sour.—John Hawke:, baker, of Black- .
moor.sueet, Clare.maket, confirmed the evidence of
the constable ; he was asked as to his opinion of the
part of a loaf produced, to which he answered, he
considered it all to be composed of flour, but not the
best. He admitted there might be potatoes in it,
but not in the substance or body of the bread, 'only
to act as yeast, for which he believed every baker in
London used them. He admitted that the bread
produced was only second flour, and accounted for
Its appearance in another way, from the flour having
grown in a wet season. He swore positively as to his
belief of the bread being made of .flour only. The
defendant admitted that he used potatoes in she way.
described by Mr. Hawke: •He said be wputd have
changed the bread, but the complainant wanted a
whole loaf for the part of one which be -brought
back, which was-denied by the complainant. The
defendant produced his foreman who made the breed,
who admitted using potatoes, as snentiottlid by Mr.
Hawke:, as yeast, and described its operatknh' after
the potatoes were worked through a sieve to a pulp
into.a pail, they fermented with a small quantity of
yeast and molasses, so as for the whole to answer the
purpose of yeast. He asserted that he bought the best
Sour, and said bi would prove it by his mealman's
bills. He admitted that he.bought some inferior sort
of flour, in fact it was in prom, for the sample of
sour flour produced by titc.constable'was proved to
be second flour.—A master baker present at this cu.
sious. investigation, who sells by 'the Hall price,
gated that MeGray oai-tied on his business by a de-
ception he bad a notice in his shop
oo the_.Publics
window—w Tile best be Bread at Is. 2d, a
Quart" Loaf)» apil he was not doing it, and he.
contended that ha. enuld notsaffoed it foe that price.
Mr. Gray, on the contrary, asserted that he could
*ford to sell qiutitcralloaves, made of the best flour.
for le. 2d. and again offered to prove that he used
- the best flour by bus Rudman and his bills, but they
were not produced. As to the second flour which-
• he used, be made household bread of it. On `ac.
count of the strange wording of the Act of ?arils-
loam no cony ir40111.44 gam*

LAW INTELLIGENCE.

COURT OF Sett' O NOVEMIIIIR
-COLMAN V. THE LONDgis. fimintAvci COMPANY*
'rids was an aclicin on a Policy of Insurance on
Cioods shipped font, Quebec fey the Island of
American
privateer, and was subsequently re.carured by a
British man of war, and sent into Bermuda. When
she arrived there she was prehnzed. by athembarge,
oecasioned by the scarcity of grain, :be -having a
quantity of wheat on board, from proceeding to her
original destination. While she remaintd here, the
weather being foul, it was found necessary to throw
overboard 525 bushels of wheat, and also a quart.
lity of staves. The Master of the 'vessel. finding
'that be could not proceed to Teneriffe, thought it
advisable to dispose of the remainder of the cargo,
.consisting tf wheat. staves, and fish, -at Bermuda,
which he did at a considerable profit: On hearing
:that the vessel had been captured, the Plaint'
Abandoned, and brought his action for a told litti
and,, up to the time of action brought; he had no
notification of the recapture. The vessel was RSV
rued into Bermuda on the 29th of November, and
the Master did not write to his Owners till the 24 of
January. The Jory foond a verdict for the Plaintiff,
subject to a reserved case, namely, whether the'
Plaintiff could, under these circumstances, claim tor;
a total loss ?
Mr. CAMPBELL argued at great length, Oat the
'Plaintiff had a right to recover, since, at the tune
he abandoned, a total loss by capture had actually
occurred ; and, up to the time of action brought. he
.had not received any intimation that the sremiliad;
been re-eaptured. If, however, the Plaintiff was not
entitled to recover to this extent, the Learned Gen-
tleman submitted he had a right to be remunerated
for die gee hundred and twenty-five bushels of wheat
Ithat.had been thrown overboard—which was as much
a peril of the sea as if the sea had washed them from
the deck.
Mr. RICHARDSON (contra) argued, that a claim for
total lossocould not be sustained in this case( The
'cargo consisted of staves, fish, and wheat. Ot
many thousand staves, only 595 were thrown over.
bard, the remainder were sold in a profitable mar.
pet. No .mischief whatever had been done to the
`bushels,
of the wheat, but a part, namely, 525
was lost How, then, could this be a total
loss ? The Plaintiff, by the hand of the Captain,
had the controul of his property, for the purposes of
sale, although the vessel did not get to Teneriffe, her
original destination. •
Lord ELLaNDOBOUGH••••4I Wow can you say the
Plaintiff had a fair controul over his property, when
lb* was prevented from proceeding to the only port
be had contemplated ?"
I Mr. RICHARDSON" The goods were sold, at a
considerable profit, after an abandonment. When
lan abandonment took place, the Underwriters ought
to have the option of making what use of the pro.
perty they pleased. The Plaintiff had no right, after
dealing with the cargo as he thought fit, to make a
claim for a total loss."
Mr. Justice BAILEY—" Tile Captain did what he
thought best for all parties."
Mr. RICHARDSON The Captain ought to bevel
given an immediate notice of there-capture, but he
let the period between the 29th of November and the
9d of January elapse before he wrote on the subject.
Bermuda was as regularly attended by Packets as any
Of the West India Islands."
Lord ELLINDOROUGH••••." This seems to me a case
of total loss, on this ground :—Here is a perfect loss,
by capture, in the fire:. instance ; and, while the
parry assured has no reason to know or be aware of
any circumstances, that made it otherwise than a
total loss, he abandons. It cannot be stated froth
the dates, or from any other circumstances, that the
abandonment was' not a regular one. We must :up-
rose the Plaintiff meant, under all circumstances. to
make it an abandonment. If; then, there is a total
loss. and an abandonment made, welook to see the
situation of things before action brought, and whe-
ther there has been, at any time, a complete restitu-
tion of the rights and privileges of the assured, ix
ietegro, so as to do away the validity of his abandon-
ment. Certainly there has never been such a restitu.
tion—where the assured bad the complete controul
and dominion over his ship and cargo, particularly
for the purpose of pursuing the voyage to the place
of destination. On her arrival at Bermuda, where
the ship is carried,' there is a prohibition enforced
against sending the cargo to Teneriffe. Of course.
the voyage is, defeated. I cannot, therefore. say,
that the totalAbandonment—oo circumstance being
known to ale& the intention of the Plaintiff —was
done away by any thing that took place before action
brought. Looking to all the law on this subject, the
present must, consequently, be conAter.ed a total
loss. We are bound to say, that, it ;there has been
a loss, by capture, entire and total, and if the Owner
is not placed in his original situation, he haia right
to abandon. If the loss of 525 bushels of wheat, by
throwing them into the sea, were not merged in the
totalky of loss. I should bold; that the Plaintiff ought
to recover a recompense for it. conceiving that it was
effected by a peril of the sea." •
Verdict for the Plaintiff for a total loss.
HOLIDAYSem..DAY O. BRIDGE.
In this ease Mr. RALLANTIND moved to make a
rule absolute which he had obtained on a former day,
calling upon the Sealer of the Writs of this Court, to
shew cause why be refused to sign a writ of privilege
in this case, on the sth of November (Gunpowr
Plot), without an extra feet the Officer alledging
that the Sth of November was a holiday.
The Arrow-um-GENERAL now sheered cause
against the Rule, and passed an encomium Upon the
honourable and courteous deportinent of tine Gentle.
man aainst whiim the application was made, with
' whose g
character and conduct he had been acquainted
for thirty years.
Mr• RA/pLANTIN4 in. support of his rule,
distin-
guished this case front the application made in the
Common Pleas yesterday, the motion there being aft
attachment against the officer—a proceeding of a
criminal nature. The present was the most inoffen.
dive and liberal application.tlett could be made to the
Court; it simply called upon the sealer of the writs
to :hew cause why he,retused to sign the writ in quer
don on the sth of November ? He submitted that no
sufficient cause had been shewn egainst the rule,.
Lard f.t.tesusonounta said, that this was *medal
so initiating to the public, and so iippostaot to site

I
due oars' or jostle', that k would be better fir the'
urt to take time to consider what role ought to be
laid; down respecting the observanci of holidays ; slid
therefore, after consulting with Ole Judges of the
e
other Courts, the Court would propound such order
as the nature of the subject seen.ed to reclaim.
wow:siesta 23.....JUDGM1NT11.
Ireland Ward rim was brought up to receive the
judgment of the Court on an indictment charging him
with having exposed for sale, and having actually
sold, snuffboxes of an obscene description. The
prosecution was carried on by the Society for the
Suppression of Vice, and the fact having been proved,
he was found Guilty.
The defendant put in an affidavit, which was con.
firmed by another from Mr. Kilpatrick, a sutgeon,
staling, that he is much afflicted with a liver com-
plaint and an affection on the lungs, and' that im-
prisonment would be dangerous to his health. With
respect to the defendant's affidavit, it admhe
offence to be of a dangerous tendency to gals
of the rising: generation, ,and lamented that be should
have fallen into the CollllMiiioll of it ; stated that he
had, by advice of Mr. Pritchard, Solicitor to the
Society, written a letter imploring their mercy, and
pledging himself to give any security for his future
good conduct.
The Court, in passing sentence, observed, that in
consideration of the defeodent'a bad state of health,
and hoping that circumstances might have led him.
to reflect on his error, and to induce an amendment
in his tutor, conduct, they would only order him to
pay a ffne to the Yin; of 450, and to give security
for three years for his future pod behaviour, which
theAdeodant having complied with was discharged.
Witham Erodes,' a copper sMith, et- Deptford, was
brought up to receive Judgment, having been cowrie.
ted at the Maidstone Assizes, ' of having upwards of
one hundred and a half weight of naval and' ordnance
stores in his possession. The Court sentenced him
to pay a fine to' the King of £2OO, and to be impri-
soned in Maidstone jail for. the space of six months.
John Derby was also brought up for a similar of-
fence, of which he ins convicted at the Winchester
Assizes. The Court sentenced hint to pay a fine of
fifty pounds, and to be imprisoned. four months in
Winchester jail,
Jam Heat, convicted of having obstructed a press.
gang' at Bristol, was ordered to be imprisoned nine
months in-the jail of that city. •
On the motion of Mr. Serjeant Laws, a Rule was
granted, calling upon Mr. Edward Lockyer to shew
cause why he claimed and took upon himself the office
of Capital Burgess of the Borough of Plymouth.

The Lords Commissioners of the Admiralty have
claimed as an Admiralty Droit, the whale-brought
into Ipswich river by some fishermen, as being within
their jurisdictional authority.
SLAVZ TRADL—The question under the Act of
Parliament for abolishing the Slave Trade, making
the traffic in Negroes felony, and subject to transpor-
tation, is about to be tried. Between two and three
months since, Captain. JOHN B. HANNAY was taken
into custody, and underwent several private exami.
nations 7t the Public -Office, Bow-street, charged
with feloniously being concerned in buying and sel-
ling Negroes, to make them slaves. He was then
admitted to bail, himself in one thousand pounds,
and two sureties in five hundred pounds, to appear
before the Privy Council, to be finally examined on
the subject. On the day appointed for hii ex.tinina-
don before ,the Council, the Captain did not appear.
Apprehensions were then entertained that he had ab-
sconded ; it was, however, ascertained, that he had
sailed from London in his ship James in the -Line.,
pool trade for that port ; and in consequence Taun=
ton, the Bow-street officer, was dispatched in pursuit,
of him. The officer arrived in London about a sveck
since with the Captain in his custody; and lodged
hint ip Tothill.fields Bridewell ; from which prisBn
he was conveyed to the Council Office on Saturday,
and underwent as examination before the Lords of
the Codncil, who assembled at halt past two o'clock
for that purpose, when his Mate and several of his
sailors were examined against him. They proved
that he had been concerned in carrying a number of
Negroes from Cilabar in Africa. The Captain was,
in consequence, committed in the evening to New
gate, to take his trial for the offence.

Wednesday James Towle, the Luddite, was exe-
cuted at Leicester, pursuant to his sentence, ,for
fame-breaking. He behaved with great composure
His wife and four children went to him on the previ-
ous Sunday, and continued until Tuesday. The
following letter, addressed to his wife, written after
her departure, and late on the night previous to his
execution, will best exemplify the tranquil state his
mind was brought to, from an attention to religious
exercises ever since his condemnation :
° Tuesday night, Ten o'Clock.
" MAIL Wave-i-In a few more hours 1 shall be no macs
Bat my dear creature, in my last moments it is my duty tabs* i
of you to seek for that peace in GOD which II far beyond my 1
pen to describe or tongue to speak ; and my dear girl, above ail,
I hope you will bring my dear cauldron up in the fear and love of
Goa, mid then you will find a friend—a friend that will support
you through all the troubles of this world, and in the hour of
death give you that comfort that will raise your mind tar above
all the treasures that the earth can afford. My dear girl, this
afternoon there has been a Gentleman that wished to see me,
and made ate a present of a .Cl note for you and my dear chil-
dren' and promised me that he would bring it to you himself,
withthis letter, and promised me that he would do something
for you, towards Making you comfortable: and, my dear, I have
no doubt but my mother will be agreeable for you and my dear
children to be with her, and I hope and trust she will be a mo-
ther sad a guardian to my sweet babes, which la so short a time
wW be fatherless. Dear wife, my last words are, may Goo
Atastoutv bless and protect you and my dear children in this
world, sad prepare you for the world to come, is my sincere
prayer. From your dying husband, " JAMES TOWL.t."
Saturday se'nnight'a discovery of very great
importance .to the public was made by T. L. Stew-
am Esq. the Sovereign of Belfast, being no less than
a complete warehosuo for the reception of stolen goods.
Having received privateinfounation against William
Graham,- of Carrick Hill, the Sovereign came sud-
denly on this den of thieves, accompanied by the
chief police constables. Graham escaped by a back
way, and ran down the waste ground by the four'.
dety into Donegall-street, but he was pursued and
'ul-
timately lodged in the black hole. The Sovereign,
with the constables, then proceeded to search
Graham's house, in which an immense :mealier of
articles, supposed to be stolen, were found 1 among
other things. a very handsome sew foal, Bible, which
it may readily be supposed had never became.