Star.
London, England, 1826-12-16 00:00:00

LEGHORN, Novamsza 29.

Lckd Cochrane'a yacht arrived here from Marseilles
on the 20th inst. but on account of some trifling in-
formality in the bill of health, no one-viare permitted
to land. While under quarantine messages were sent
to and received from head quarters, and great pains
were taken to ascertain whether his Lordship wax on
board or not, as a Gentleman was on board with a
passport in a different name, whose person appeared
to answer the description given of Lord C. It was
not doubted for some time that this person was really
his Lordship, and it was not till the sixth day that
these doubts were removed, so far as to allow the
party suspected and others to come on shore. The
yacht sailed again yesterday on her return to Mar-
seilles, having Lady Cochrane and suite on board. Her
Ladyship had been for a short time residing at Pisa.
Lord Cochrane was left at Marseilles, where it is
understood he is expecting the arrival of the frigate
from America. There is a very fine schooner here built
for the Pacha of Egypt, completely equipped; also a
sixty-four gun ship launched the ether day, the guns
for which are to come from England. 'l'o what side
the Court inclines, some judgment may be formed by
the fact of the ship builder having been honoured by
the Grand Duke with a title for the he has shewn
in constructing these two vessels. which are said by
nautical men to be very beautiful models. It is reported
here that a flett of transports are now assembling, and
nearly ready to sail from Alexandria for Greece, and
great regret is expressed that Lord Cochrane has not
a force sufficient to intercept them; the popular voice
is certainly %ill) the Greeks, and every ene has the
greatest confidence in Lord Cochrane.

LAW INTELLIGENCE.
• COURT OF KING'S BENCH, Dsc. 15.
NICICINSUIHAM V. GROVIS AND OTHERS.
This action was brought against the several deferd-
ants, for a trespass committed, in forcibly entering
Hodgson's Hotel, Dover-street, and carrying away the
furniture, &c. which the plaintiff alleged to be his pro
perty. A considerable number of Counsel wete engaged
to plead the D lendatit's individual causes.
The Plaintiff was • ordered to he removed from the
Court by the LORD CHIFP JUSTICE, for interrupting
Mr. GURNEY in his address for the Defendant, Grove,.
The Jury returned a verdict for the Pl•intrff, damages
forty shillings, upon one count, and for the Defendants
on the other counts.

THE MEG V. H. MICUX, ESQ.
The defendant was indicted for as,aulting Mr. Ri-
chard Leatham.

Mr. SCARLETT (with whom was Mr. C. PHILLIPS)
observed, that it was with unfeigned regret he was
compelled to bring a case of this nature before the con-
sideration of a Jury, but as no apology had been of-
fered for conduct which it was impossible to justify or
excuse, no other course was left for them to pursue.
The Learned Counsel, after stating shortly the facts of
the case, called

Mr. 11 chard Leatham, who stated, I am a partner
of Mr. Meux's. On the 27th of April last, I went into
the defendant's counting-house in 'Tottenham-court-
road; a Mr. Hams, a collecting clerk to the house,
and a Mr. Stringer, a publican, were there, as also Mr.
Metre. Stringer had applied to me to give him up a
promissory note which had been paid ; he had applied
frequently for that note, and knowing that Mr. Meux and
Mr. Hams were in the counting-house, and fearing that
some angry words might occur, I desired him to wait.
I then went to the strong room and took out a bundle
of notes, when Mr.'Meux said, 44 Mr. Hams, how the
beer now ?" To which he replied, 44 Sir, I have had a
great many complaints of late, but it is now a great
deal better." I said very coolly, 61 Mr. Hams, when-
ever the publicans complain of their beer, and cannot
draw it, desire them to stop it up and send it back to
the house:' Mr. Meux then said, 66 Mr. Hams, 1 de-
sire yoti will do no such thing." I replied, in a low
tone, " Then, Sir, I shall call on the publicans myself
and tell them." Mr. Meux then rose from his chair in
a great passion, and said, " You are a cowardly rascal
and an infamous blackguard." I was very much as-
tonished at hearing such language from him, and I
looked in his face, and said, " You are a bullying black-
guard." He then struck at me three or four times across
the desk with his fist:l retreatedwith haste into my count-
ing house through a spring door; I then seized the poker
and said, " Now, Mr. Meux, if you dare strike me, I will
knock your brains out." I found him still struggling to
get at me: Mr. Hams, a very powerful man, was inter-
posing, and he said, " Hams, get out of the way ; if
you don't get out of the way, I will knock you down."
Mr. Meux is a most powerful man. He either knocked
down Hams, or got him out of the way. I was holding
the poker in my hand, with a chair between us. Seeing I
had a poker in my hard, he paused, and placed his hands
on the back of the chair. I supposed he had given up
the thing, and sat down. As I was about to pass the
poker from my right hand to my left, he sprung on me,
and folded his arms round me; he then struck me seve-
ral blows, and gave me a black eye; I thought he had
broke my finger, and he hurt my arm very much. At
that time several persons, from the adjoining counting-
houses, rushed an and extricated me. He then re-
turned to his own countinghouse, and I considered it
was at an end ; but in a minute or two after, he came in
again ; says 1, 44 Mr. Meux, don't strike me, and I'll not
strike you." " D—n you," says he, "you strike me,
you cannot kill a fly." He then struck me again, and
I defended myself as well as I could, with an umbrella:
he then left me, and he returned a third time, and
struck me again. I then retired into ;'lr. Burnett's
counting-house, and he soon after made his appearance
there, when I told him. " Mr. Meux, ypu are letting
yourself down, your own clerks will laugh at you."
saw no more of him after that. I went afterwards be-
fore Sir Richard Birnie ; when there, I proposed, by
the advice of my friends, to shake hands, and he should
hear no more of it ; he said, " I make an apology to
that man, to such a man as that!' Sir Richard Birnie
said, " Recollect, Mr. Meux, you are speaking to your
partner, and a Gentleman; and if you will not do so, I
must bind you over to keep the peace." I had at that
time a black eye, and had consulted Sir A. Carlisle.

Cross examined by Mr. BROUGHAM.—I had had no
difference with Mr.Meux, except a difference ot opinion ;
I had avoided him because I knew his violence; he was
offended with me because I would not consent to admit
the son of Duncan Smith as a partner. Whenever 1
wanted anything, I sent other persons to his counting-
house. What 1 said to Mr. Hams was in perfectly a
calm tone. When I said I would go round myself to
the publicans. it was in an under tone. I have been a
partner for 17 yeats. When Mr. Meux quarrelled with
his partners in Liqucrpond-street, his father wished me
to go and assi,t in e.tablishing their business, and offered
to lend me 4)3,000 for that purpose.

Sir Richard Birnie said he remembered the patties
coming before him, Mr. Leatham was marked with a
black eye, and his arm was in a sling. Feeling respect
for the parties, and having a slight knowledge of them,
I did my best to play the speiial-geader, in endeavour.
ing to make up the difference between them, but I could
net succeed; I could make nothing of it, and I was
obliged to do as I was in duty bound, and bind Mr.
Meux over. ,
Mr. BROUGHAM, in addressing the Jury for the de-
fehdant, observed it was quite impossible to entertain
any other than feelings of respect for the patties in the
case, as had been observed by the worthy Magistrate
before whom they had appeared ; but it was quite evi-
dent from the statement of the prosecutor, that there
had been some differences between them, and that the
provocation which had led to this unfortunate affair
had arisen from ore of those complaints which were not
always successful in stales of greater magnitude. It
appeared that some of the publicans, forgetful of their
allegiance to their liege lords, had dared to present
some complaints against the beer they were supplied
with. The prosecutor, instead of waiting with that
deference so befitting, had ventured to give his directions
without waiting for the Imperial decree of the Sovereign
of all Butt. However he (Mr. Brougham) and the
defendant might row deplore it, it was not to be won-
dered at that so great a d-gree of insubordination had
excited those angry feelings which had stimulated not
only the defendant but Mr. Leatham ; and he was only
sorry that they had been continued so long as to bring
the present procee•dinng belie them.
The LORD cam JUSTICS having stated his opinion on the nature
of the case,
The Jury, without hesitation, found the defendant Guilty.
COURT OF COI NION PLEAS, DECLAIM!" 15.
!RACER AND OTHMS. ASAIGNMS or CEAIITHIVAITL. V. LYNCH.
This was an action of troves brought to recover the
value of a quantity of wines, and of some title-deeds,
which it was alleged had been transferred to the de-
fendant by the bank, upt Crossthwaite, in fraudulent
preference to other credi.ors, and in contemplation of
an act of bankruptcy, which actually took place a short
tine after the transfer had been made.
A witness was called, who proved that the bankrupt
had been in a state of insolvency for some time previous
to the transfer being made; that he had only been able
to carry on his business,by continually borrowing money
of his friends, and that, frequently,• at a high rate of
interest. The witness, who was his clerk, had repeat-
edly called his attention to the insolvent state of his
affairs; but Crossthwaite still persisted that he had a
sufficiency to meet all demands. On the books being
balanced, however, it appealed that were he to be
called on to meet all his liabilities, he would be deficient
upwards of 20,0004

For the defendant, it was contended, that the trans-
fer was not made to the defendant for any debt, but as
security f,r large sums of money which he had lent to
the bankrupt, and was, in fact, in order to procure a
further advance of cash, which was granted on that
security.

A Witness was then called to support this assrrtion;
and he proved that on the transfer of these wines and
title•deeds a further advance was made to the amount
of about 1,1001.

In reply it was contended, that no further advance
had been made, and that the plaintiffs were in conse•
quence entitled to recover.

- The Loan CHIRP JUSTICE, in summoning up, ob-
served that if a man transferred his property to ano-
ither in preference to his others creditors in contempla-
tion of bankruptcy, the transaction would be a fraudu-
lent ore, and the remaining creditors would be entitled
to recover the value of the property so transferred.
The questlon in the present case would be, whether the
Jury believed that the transfer of property had been
made in contemplation of bankruptcy ? or whether it
was not done with a view to obtain some advantage
from the person to whom he had transferred it? It bad
been proved that an advance of 1,1001. had been made :
it was true this appeared to be a very small sum to
require so great security, but by the Bankrupt Laws it
appeared that any advantage, let it be ever so small,
would be sufficient, and the transaction could not be
considered a fraudulent one. He should leave this point
for the decision of the Jury, who were raerchar•ts, and
would be more capable, perhaps, of seeing into the
merits of the case than he could be.

The Jury consulted a aloft time, and returned a verdict for the
plaintiff. The question of the amunnt of damages to be refet red.

PREROGATIVE COURT, Daccaßeals.
CRUELTY AND ADULTRRYo..-WRSTIARA TN wesvue, TH.
This case, which came before Sir JOHN NICHOLL, on
appeal from the Consistory Court, where it was decided
that the Marchioness of Westmeath was not entitled
to the relief hr which she prayed, now came on
for argument
Dr. JENI4IIII, for the respondent, was heard at great
length in support of the decision of the Court below.—
After taking a general review of the evidence, the
Learned Counsel observed, that the testimony of the
witness, Sarah Mackenzie, was particularly open to
objection. This woman was the personal attendant
of Lady Westmeath, and it appeared that after the
commencement of the present surt.all LadyWestmeath's
'witnesses were committed to the care of this we.man.—
Now the whole charge of cruelty against Lord West-
, nieath depended upon the testimony of this witness, and
the Court would perceive that in many material points
that testimony was inconsistent and contradictory. For
instance, it was stated that on one occasion a quarrel
took place between Lord Westmeath and his Lady,
during the night, and that Sarah Mackenzie was called
up by her Lady, who charged Lord Westmeath with
having kicked her in the side, and struck her violently,
and Locd Westmeath admitted the charge, but stat-
ed that Lady Westmeath had irritated him. This
transaction rested entirely on the testimony of Sarah
Mackenzie. None of the other servants v;ere alleged
to have known any thing of the transaction.—
The physician of the family (Dr. Bariow) was not con-
sulted, and the Court would find, that in the course of
three days after the occurrence was stated to have taken
place, Lady Westmeath wrote to her Lord in the most
friendly and affectionate manner. Under all the cir-
cumstances of the case, the Learned Counsel contended
that them was no proof of the cruelty charged against
his Lordship, mad that as to the charge of adultery,
it was completely negatived. He therefore submitted
that the decision of the Court below should be confirmed.

Dr. Putt.ussosa is to be beard on the same side, and Drs.
LUSHINGTON and ADDAMS for her Ladyship, who is the appellant,
on a future day.

' FUNERAL OF MR. FLAXMAN, THE SCULPTOR.—Yes-
terday morning the funeral took place, from the house of the de-
ceased (where he has been lying since Thursday week), No. 7,
Suckingluns-street, Fitzroy-square. Though meant to be strictly
priviste, it could be scwcely considered as such, as a great number
of the Society attended, most of them habited as mourners.

STAFFORD ELECTION.
TIIIIMIDA V, Dam 14.—Sscoss Dry s
The first day's poll closed at four last night, and was declared at
follows:

Beaumont 136 j Spooner ..............147
The poll left off in the letter G. At midnight a riot took place,
and the windows of Mr. Spooner's Inn (the George) were smashed
in with stones, mud, and filth. The Militia and Yeomanry have
been called out fur this evening. Owing to these disturbances and
the interruptions of the poll, the Election will probably last three
days.
This morning the poll opened late. At eleven o'clock it was as
follows :

Beaumont ..............187 1 Spooner 162

INQUEST ON THE REV. Wll. WHITEAR,
RECTOR OF STARSTO!sI.

Tuesday la,t, an Inquest was held on the body of this
unfortunate Gentleman (who we have already men-
tioned as having been accidentally shot); and after an
itiastigation of nearly six hours, the Jury returned a ver-
dict of Manslaughter against Mr.Thos. Pallant, a young
man about 24 years of age. On delivering their ver-
dict, they expressed an opinion that the gun, by which
the fatal wound was inflicted, was fired by Mr. Pallant
whilst he wits under the influence of such great pan't
and alarm, that he had lost all self-possession, and did
not cieaily know what he was about.—Mr.Whitear was
formerly Fellow of St. John's College, Cambridge,
B.A. 1800, M.A. 1803. The Rectory of Starston is in
the nomination of the Duke of Norfolk, but must be
given to a Foundation Fellow of St. John's College.
Aonvick Gazette.