Star.
London, England, 1821-10-26 00:00:00

LAN INTELLIGENCE.

COURT, OF KING'S BENCH, OCTOBER. 24.
VAUGHAN, CLERK V. GARDNER, D.D.
This was an action for dilapidations in the Recto-
rial premises of Hope Bagot, in the county of Salop.
The question involved was of considerable import-
ance to the Clergy of this county, namely, whether
the defendant, Dr. Gardner, the late incumbent of the
living of Hope Bagot, was liable to the plaintiff, his
successor, to rebuild a barn, which had existed• on
the Rectory, but had hien suffered to go into a state
lof dilapidation long before the Doctor became the,
incumbent. It was admitted, that the defendant was'
liable to repair the Rectorial-house, in respect of
which the Jury had given certain damages. The other
point was intended to have been agitated as a gene-
ral question interesting to the Church ; but
The Counr intimated to Mr. Campbell, the plain-
tiff's Counsel, for the purpose of putting a stop to
farther litigation, the expediency of entering a verdict
for £lOO, being 1:114 less than the Jury had found.
The Learned Counsel was disposed to adopt the sug-
gestion of the Court; but,
Mr. PULLER, for the defendant, said, he could not,
without the concurrence of his client, accede to the
proposition, it being a matter of great importance to "
the Church in general, that the question should be
set at rest by a decision of the Court. The only mo-
tive of the Doctor in defending the action, was to try
the question for the benefit of his Reverend brethren,
and not from any pecuniary motives. As the defend-
ant was not in town, the Learned Counsel craved leave
to consult with his client before the matter proceeded.
The Counr said, there were a great many diffi-
culties in the question, and if they decided in favour
of the defendant, the case must go to a new trial,
which would entail very considerable expense, and
the plaintiff must, at all events, have a verdict in re-
spect
of the Rectorial house.—The matter stood over
to a future day.
LANURIUGE AND OTHERS V. DORVILLE AND OTHERS.
This was an action of assumpsit upon a written un-
dertaking by the defendants, to pay a suns not ex-
ceeding £lBO, for the damage done to a Norwegian
ship, called the Caroline Matilda (for the owners of
which the plaintiffs were agents), by the ship Zeno.
bin (for the owners of which the defendants were
agenls), in running foul of her in the river Thames,
in the month of December, 1819. The piincipal
point in the cause depended upon the construction of
the Pilot Act, 52 Geo. 111. c. 39, s. 30, the Zenobia
having a Trinity House Pilot on board at the time
the accident happened. As a decision in the plain-
tiffs' favour would involve a case decided in the Com-
mon Pleas upon nearly the same point, and another
in the Court of Admiralty,
The COURT (the Chief Justice being absent at the
Old Bailey) thought it right that the case should stand
over until all the Judges were present.

OCTOBER 25.
OGDEN AND OTIIERS V. WADDINGTON AND OTHERS.
This was an action of assumpsit brought by the
direction of the Vice-Chancellor, for nmey had and
received by the defendants to the plaintiffs use.—
The question involved was one of considerable im-
portance, namely, whether the plaintiffs, as natural
born subjects of the United States of-America, could
recover troni the defendants, British subjects, the
proceeds of certain merchandise shipped to this coun-
try to the defendants for sale, for the plaintiffs' ac-
count, during the late American war, the proceeds
having come to the defendants' hands after Prelimi-
naries of Peace had been signed between this country
and the United States. The case stated being de-
fective in some material and disputed facts, the Court
declined entering into the argument until the case
was ripe for decision, and therefore directed it to
be amended.

SOLLET V. WHIT:HOME.
This was an action upon a policy of insurance upon
the ship Seaman, at and from Hull to her port of
lading in the Baltic, with permission to touch at
Elsinore, Dantzic, uud Palau, which last was her
port of lading.
At the trial before the LORD CHIEF JusTicz at
Guildhall, in the Sittings after last Hilary Term, a
verdict was found for the plaintiff, subject to the opi-

nion of the Court upon a cam.
The question for the opinion of the Court was,
whether, under the general terms of the policy, the
ship was at liberty to go to Elsinore and Dantzic for
the purpose merely of unloading, and calling at those
places on her way to Pillau, her port of lading, be-
fore she reached which the total loss had been
sustained ?
The Court were of opinion, that the general words
in the policy, " any port or place whatever," did not
give tEe vessel a privilege to touch at any of the
abovementioned ports; the policy being " at and
fr om her port of lading:" and consequently judgment
was given for the defendant.

OLD BAILEY SESSIONS.
Yesterday, E. 11111, aged seventeen, was indicted
for stealing a £5 note, and several articles el jewel-
ler.(, the property of J. B. Monis.
. The prosecutor is a surgeon in Mary-la"-Bonne, and
the prisoner was his servant. For some time he con-
ducted himself with integrity ; at length, however,
Mr. Morris found that valuable articles were conti-
nually missing, and among other things a £5 note,
and suspected the prisoner. Among other property
was a quantity of spirits, which were taken at dif-
ferent times from the sideboard. A warrant was pro-
cured to search the house of the prisoner's father, and
there a quantity of rum, brandy, Sic. were found.—
Being anxious to secure the more valuable portion of
the property, Mr. Monis promised he would not pro-
secute the prisoner, if he informed him where he had
deposited the jewellery. Upon this promise he con-
fessed that he had stolen a pair of valuable ear-rings,
and some other articles of inferior amount. These
were found at the shops of different pawnbrokers,
and which he declared were all he had taken ; but
Mr. Morris, convinced that he had robbed him to a
much greater amount, made farther inquiry, and dis-
covered that he had disposed of a gold chain, of ten
feet long, a seal, some silk stockings, and numerous
other articles at different shops, and upon farther
search of his father's house, a purse containing a
17s. in money, and several gold buttons, were found
under a stair-case. The father found these things and
brought them to Mr. Morris, who identified the but-
tons and purse. He then gave the prisoner in custody.
By the testimony of a boy named Hargreave, it
appeared that the prisoner was in ale habit of dis.

posing of articles at the shops of Jew salesmen and
pawnbrokers; and that he several times employed
witness to sell things for him.
The prisoner did not deny his own guilt, but ac-
cused a respectable tradesman, who had given evi-
dence against him, of having excited him to rob his
master. This the tradesman solemnly denied.
The Jury found the prisoner Guilty—Death—bot
recommended him to mercy on account of his youth.
Mary Anne Sullivan, Anne Turner, Rachad Sim-
mons, and Eliza Kelly, were indicted for assaulting
and robbing Lewis Baptiste. The prosecutor and
another man accompanied Turner and Sullivan to a
house in Swan-yard, Strand, kept by Simmons, where
they had only been a few moments, when they were
assaulted by all the prisoners, and the prosecutor was
robbed of 14s. 6d. • The assault was accompanied by
threats to murder the prosecutor, and throw him out
of the window. He and his friend at length escaped,
and gave information at Bow-street, and in a few
minutes after the prisoners were taken into custody.
The prosecutor's friend, on attempting to go to his
assistance, was seized -by the throat by Kelly, who
swore if he attempted to stir she would tear his liver out.
Four witnesses were called to give Mrs. Simmons
a character, and they all concurred in swearing that
she was a very honest, upright woman !!!
Mr. Justice PARKR, in summing up, said it was
really painful to the feelings of the Court—it was a
melancholy consideration—that four men could be
found to come upon their solemn oaths to declare a
woman to be a fair and honest character, who, by her
own confession, was the keeper of a common brothel,
and was living upon the wages of iniquity, earned by
the prostitution of the unhappy young creatures now
at the Bar with her.
The Jury found Turner and Sullivan Guilty, and
acquitted Simmons and Kelly.. The Jury begged
strongly to recommend the two convicts to mercy,
on account of their extreme youth (sixteen years), and
the bad example held out to them by the other pri-
soners, especially Simmons.
T. French, for stealing in the dwelling-house of
Ann Sitzler, several articles of wearing apparel, was
also capitally convicted.
The following were convicted of felonies, viz.
A. Donnell, for stealing a watch; I. Penn, for stealing a gold
se l ; T. Cook, for stealing a metal watch ; Rebecca Bissell, for
stealing four tea spoons ; Barbara lianinwnd, for stealing 9s. 6d.
.1. Lane, for stealing 561bs. of paper ; J. Smith, for stealing a
silk handkerchief; Clutton, for stealing 50 ounces of tea; J.
Fenner, for stealing a pair of shoes ; J. King, for stealing a cloth
coat ; W. Francis and J. !goring, fur stealing an umbrella; J.
llopkins, for stealing nine yarL • of nankeen ; and G. Green, for
embezzling is. ld.
The following were acquitted, viz.
W. 111A%on, J. Weedon, Mary Williams, Ann Gordon, T.
Ramsay, and S. Hall.