Star.
London, England, 1818-11-14 00:00:00

H, NOVEMBER is.

Villl3M, POTTER, of Hull, from
in here with loss of anchor and
shore on the l'latters.

I'llE ARMY.

s~

X., NOVEMBER 8.
'ROUDLOvE, of Hull, from Que-
>een towed into this port, with

1, NOVEMBER ie.
King, CREW, from Batavia, out
the brig Lascelles, from Rotter-
on the 9th instant, off the Start.
Batavia and Young Antony—at
dam, Friendship, and Princess'
fitter reported to sail the 20th of
Samarang, the Cornelia and

!I. LONDON, NOVEMBER 15.
w.—The Lavinia, Benson, and Pomona,
; 3onge Isabella, Vette, from Ghent;
tiansen, from Tondern ; Sally, Morley,
mid, from ApJbog ; Twee Catharines,
; Burdon, Richardson, from Gotten-
and Isis, Minds, from Rostock;
r, from Banssebi Fran Maria, Walges,
Cameron, from Leghorn.
ricy, Tregum for Sierra Leone; Teazer,
geptuno, Stranack, for Ostend; henry
ivies; Favourite, Bravoider, for Rio
Propert, for Cayenne; Martha, Will-
-The Betsey, Dale, for Mogadore ;
'fiesto; Burleigh, Lindell, for Tobago t
ontserrat ; Ruth, Hamby, and Hanover,
; Ann, Dick, for Harnburgh ;
'rince of Saxe Coboure, Ladd, for Rot-
riiikman, for Naw York; Vrow Get-
ty/op.

htEcoa M'Gnzoon arrived at the
terbui y, and next day proceeded
iccompanied by a Lady, and at
h servant.
rpenter, doing some repairs to the
it Amazon, of New-York, lying in
slipping off the stage, he fell into
drowned.

Yesterday tnorning the Duke of YORK transacted
military business with the Pdttrois g.KOZNT at Carl-
ion House for some time.

The 7th Light Infantry warc expeeted at heal yes-
terday to embark for Ireland, and three more regi-
meats as soon as transports arrive to receive them.
It is reported that the 14th Regiment is going to
Gibraltar, and that the 60th, now in that garrison, is
going to the West Indies to be disbanded.
The 4th Regiment have returned to their old quar-
ters at Winchester, which they quitted previous to
joining their companions is the Peninsula. Only 50
men remain of the number formerly there. Many
of the privates have br ought with them French women
as wives, and a numerous assemblage of children.
Thursday upwards of .50 horses belonging to the 9th
Regiment of Lancers, were sold by auction at Brigh-
ton. Notwithstanding the heavy reductions in the
cavalry regiments, and the season of the year, the
horses sold freely at good prices ; the average being
no less than Ell 3 a head. None of the dealers would
speculate, as they appear to wait the ever.t of fu-
ture sales.

Monday, fourteen men were each fined 3s. 61 for
tippling at a public-house in Blackburn on Sunday
week. •
At C:tnford, five miles from Poole, there is a COn-
vent, of Barefooted Carmelites, who, it is probable,
will appear in Court, at the next Dorchester Assizes;
'a servant, who had attended them for some years,
being to be tried, for robbing the Convent of many
articles, the Attorney of the prisoner, intends to.sub-
prena the whole sisterhood to identify the property,

it being a joint concern.
Extract of a Letter from Leith, dated November
10 A melancholy accident occurred here, yes-
terday morning. One of •the Kirkcaldy pinnaces
sailed from this port about eleven o'clock, and when
half way between Leith and its place of destination,
the boat shipped a heavy sea, and immediately went
down. Every person on board was drowned : but
the exact number has not yet been ascertained. Eight
hats have been picked up, belonging to the unfortu-
nate sufferers. There were one or two, if not more,

women on board."
Monday, an Inquisition was taken at Framling-
ham, on the body of. Mary, the wife of John Smith,
who was unfortunately killed on Sunday morning :
her husband had on the Saturday endeavoured to
discharge his gun, but as it would not go off, he set
it down in his room loaded, and went from home
early on the following morning. About seven o'clock,
his wife being busy making the fire, and her little fa-
vourite boy, a child about ten years old, playing in
the room, he took up the gun (which was along one,
and he could scarcely hold it out) when it went off,
and the contents were lodged in his mother's head,
whi<;'a catiseJ•ll;:r instant death. Jurors verdict—Ac-
cideatal Death. _ _ _

Yesterday evening as Mr. Kat ty, of Hackney, was
returning from Peckham to Camberwell, he was
stopped by two men, who pinioned his arms, and rifled
his pockets of what.property he had got, amounting
to between three and four pounds.
Thursday evening a man who had been observed
rbing about NiOwinguin for swirevel hourerepit ssv
the fence of a garden belonging to Mr. Wean, Pros-
pect-row, where various articles of linen were hang-
ing out to dry. CATHERINE. the daughter of Mr.
Wens, about 19 years of age, perceiving him in the
act of taking the property from the lines, went into
the garden ; the thief, upon her approach, attemp-
ted to escape over the wall, but was foiled in the en-
deavolw, by the courage of Miss Weiss, who seized
him by the collar, and held him fast until her father
waived to her assistance. The name of the robber is.
William Sherwood. Upon being taken before a Ma-
gistate, he was committed for trial.
Thursday night a drover, who had tome to Man-
chester with cattle for sale, having sacrificed rather
too freely at the shrine of the jelly god, fell into
company with a soldier and a boot-closer, at the
Dog, in Chapel-street, Salford, who having.volun-
leered their services to put him to bed, contrived
pick his pocket of 1.; in Bank-notes; but being dis-
!tubed, or fearful of detection, they had dropped LS
on the floor. On Friday morning they Were (mind at
another public-house in the neighbourhood, regaling
themselves with the money they had stolen.—Both
of them were committed to the New Bailey Prison.
DRURV-LANE.--The Comedy
.of Love Males fa,
Man ; or the Foes Fortune, v..as revived last night.
It has been judiciously altered in some elf its parts,
and the acting altogether was very 'effectivei,-In the
Afterpiece of Barmecide Mr. Cowv.t,t. aSSaftleti the
part left vacant by Ilititzerv's illness, and acquittei
himself with great success.
COVE= GARDEN.--A now Farce was last night
produced, under the title of Sir ; or, the
I'atiant carried of —The plot of the Piece may be
dismissed in a few words. A lover, his uncle, and
servant, disguise themselves as Physicians, and pass
themselves off as such on an old man, who wishes to
make his ward believe that she is ill, and has sent
for three Physicians to carry on the deception. • The
Physicians are persuaded to assume the dresses of
those who have become their representatives. The
real Doctors are beaten and abused ; the impostors
triumph, and finally the lover accomplishes his oh-
ject.--It will be seen that this story is extravagant.
enough, but unfortunately its drollery does not keep
pace with its absurdity. The Author seems to have
rightly conceived that his talent did not lie in the
witty line, for he has prudently abstained from at-
tempting any thing that could be mistaken for a
joke through more than half of his Farce. Some
bright touches in the galenical way towards its close,
caused the audience to werk it rather roughly ; and
these, with the formidable appearance of the sisplir
sicians,excitZd sa much commiseration for thepat-
iiwel/ozeing heroine, that success was physically im-
possible. In the end, a bolus of disapprobation was
administered,
which fairly carried ef physicians and
patients together. and the Managers, with becoming
deference to public opinion, took care not to expose
themselves to another doae.—lt gave us much plea-
sure to observe the very great clisrelish which was
manifested by the audience towards the very coarse
allusions which were interspersed, and Which have
been so often
disgracefully permkeid to creep into
our nrodern Comedies and Farces.

.E.AW

COURT OE CO.Ib;CERT. NOVEMBER
.13.

coLziaoosta sr. Ler.
Mr. limn' applied to the Court, in this case, far
further directions with regard to the inquiries carry-
ing on in the Master's office, for the purpose of as-
certaining who is fit and proper person to have the
guardianship of the children of Mrs. Taaffe.
Mr. Cox, to whom the inquiry had boen originally,
referred, had reported that Charles Dickenson, Esq.
was a fit and proper person to be guardian to the Miss
Colel;roOkes' ;.and having stated in his Report that it
was the intention and wish of Mr. Dickenson, that the
young Ladies should continue to reside with their
grandmother, for the purpose of being properly intro-
duced into society, but the death of Lady Colebrooke
(said Mr. Ii ART) occurring before this Report was
confirmed by his Lordship, it was referred back to
Mr. Cox, to consider and state with whom, and upon
What plan, the infant plaintiffs should hereifter reside.
Mr. Cos having however left town, could not proceed
immediately on the inquiry; his Lordship subse-
quently ordered it to be referrecrto Mr. Courtney, the
Master of Vacation. What he therefore now asked
was, that the subsequent order should be withdrawn.,
and the Registrar. be directed to draw up the first
order of the 15th August ; and that the Master, Mr.
Cox, should determine whether, in the mean time,
the mother should see her children, either alone or
otherwise.,—The Court immediately assented to each
of these applications.
7e.OURT OF KING'S BENCH, NOVEbIBER

RARING AND OTHERS R. CORRIE AND OTHERS.
This was an action for goods sold and delivered.
At the trial before Lord Ellenbomugh, in the sittings
after Michaelmas Term, 1817, a verdict was found
for the plaintiff, subject to the opinion of the Court,,
upon a special case. Last Term that case was argued„l
but the Court considering the question to be of so,
much importance, ordered a second argument, and
now the further argument was entered into.
The leading circumstances of the case were these:
Messrs. Baring and Co. merchants, having a consi-
erable quantity of sugar to dispose of, employed
their brokers, Messrs. Coles, brothers, to sell the same.
The latter united with their character of brokers that
of merchants, and in each carried on a very exten-
sive business: Amongst other persons with whom
they had mercantile transactions were Messrs. Corti*
and Co. the defendants, to whom they were consi-
derably indebted. Having these sugars to dispose
of, Messrs. Coles, brothers, sold them to the defen-
dants, apparently in the character of merchants, but
certainly without professing to act as brokers, and
vii thoutdisclosing the names of their principals. The
sale having been completed, however, they gave an
order to the defendants upon the West India Dock
Company for the delivery of the sugars, in which or-
des the names of Messrs. Baring and Co. were in-
serted, importing that they were the owners. The
defendants took no steps to ascertain whether ileum
Coles, brothers, sold in the character of brokers or
merchants, and under this order they received the
sugars. After this transaction Messrs. Coles, bro•
then, became bankrupts, and the plaintiffs disc.
ing ho* the sugars had been disposed of, brought
their action against the defendants to recover the
amount, in consequence of their refusal to pay it. At
the trial the defendants resisted the actinn, upon the
Around that Messrs. Coles, brothers, were indebted to
them for more than the value of the sugars, contend-
ing that they had a right to set off against the plain.
1 tiffs demand the debt due to them from Messrs
Coles, brothers, relying upon the case of George v.
Claggett, 7. T. R. 539, where it was held, that if a
factor who sells under a del credere commission, sell
goods as his own, and buyer know nothing of the
principal, the buyer may set off any demand he may
have on the factor against the demand for the goods
made by the principal. The Court held that the de-
fence was not available, and the plaintiffs had a ver-
dict, subject to the opinion of this Court, upon the
question, whether, under the circumstances above
stated, the plaintiffs were entitled to recover?
The case was now very ably argued at consiAra-
ble length by Mr. PULLER for the plaintiffs, and Mr,
Seancerr for the defendants; and tht•ca:e re-,olved
itself, admission on both sides, into thi, principle—
that, where the loss must fall upon, one of two inno-
sent persons, it shall fall upon him who is less inno-
cent. A great deal of learning was evinced on both
sides, in distinguishing between the characters of a
factor and a broker, and all the cases bearing upon
Ithis question were reviewed with considerable acute-
ness and ability.
The plaintiffs Counsel distinguished this case from
'that of George o. Claggeu, by the circumstance, that
there the buyer knew nothing of the principal,
Arhereas here, the delivery order disclosed the names
;Of the plaintiffs, as having something to do at least
;tl-ith the goods, whereby a necessity was imposed
upon the defendants to make further inquiries into
tile subject. The question, it was admitted, certainly
s, whether the negligence on the part of the de-
ta
.• dants was greater than the lashes on the part of
plaintiffs? If the Court should be of opinion that
die defendants were lessinnocent in this respect than
the plaintiffs, the latter would be clearly entitled to
recover. .
The Court delivered their opinion seriatirn.
• The CIIIEF .losrice said, that if the defendant
could succeed in this case, the necessary consequence
would be, that the goods of one merchant might be
'applied to the discharge of the goods of another,
through the medium of a third person. It did not
appear that there was any strong reason or authority
, applicable to this case,.which could induce the Court
to sanction this pcsition. Undoubtedly, the princi-
ple, that where the loss must fall upon one of two
innocent persons, it should fall upon him who was
less innocent, was the test of this case, and very na-
turally applied to the circumstances stated. If the
negligence of the defendants was greater than that
of the plaintiffs, the latter woulz! be entitled to reco-
ver upon this principle. It was a well established
Me of law, applicable to this class of cases, that if
a factor is entrusted by his principal with the posses-
sion of goods, and pledges them, although the per-
son who takes them be ignorant of the fact, that
they are not the goods of the factor, the princivil
may recover them back. If a master emliloys his
servant, or any other n, to dispose of a piece
iof plate, according to person, to occasions, and the sec-
( vast should sell it on his own ammo, Ate - motor
. - _. ,f 1 A ..•
•

might recover back his propertyt The gneviitni iti
this case was, whether there had bem &met' negli-
gence on the one Side than on the,Uther? What were
the circumstances of the case? The fact was known
to both parties-' that Messrs: Coles, brothers, were
acting in the double capacity of merchants and
brokers; but the point for consideration was, whe-
ther the defendants, with tilb knowledge of this cit-
. cumstance; were less cautious than the plaintiffs. The
distinction between 'a factor and a broker, however

they might for sonic purposes be the same, was very
great in many particulars. A factor was generally
a person to whom goods %vete consigned fur sale by
a merchant residing abroad, and by virtue of his au-
thority sold the goods in his own name, without dis-
closing the name of the principal. The situariiCn of
the broker sias very different. The broker was not
entrusted with the actual possession of the goods,
nor had he a right to sell in his own name. These
were the principal distinctions between the two cha-
racters. In this case the goods were entrusted td
Messrs. Coles, brothers, to dispose of in their cha-;
ratter of brokers, and they had not , the actual pm-
,eision. It was true th4t they also appeared to the
world in-the character of merchants, but it wouldbe
a very great restraint upon mercantile transactions;
if a broker, who was also a merchant, could defe4
the rights of the person who empleyed hint in the
character of broker, by involving himself in the
consistent responsibilities of a merchant. _lt. was
urged in this case, as a circumstance against the
plaintiff.' right to recover, that they were in the
habit of permitting Messrs. Coles, brothers, to re-
ceive The
.proceeds of goods entrusted.tq them for
sale; but this circumstance did not at ?all alter the
case, when in fact it appeared that Messrs. Coles,
btotheil; were employed solely in the character of
brokers. As this was a question. to be determined
solely by the preponderance of intiocc^nce on one side
or on the other, it became necessary to ineuire what
was the duty of the defendants, 'under the circum-
stances; in which (as they knew) Messrs. Coles, bro-
thers; were placed. Knowing that those persons
were acting in the double characters' of brokers and
merchants, it was their duty to have informed theft...,
selves, or at least to have endeavoured to ir.forts:,
themselves, in what character Coles, brothers, atm& .
with respect to the goods in question. This they had- •
not done, although they had competent magma of so
doing. They had been informed of the name of the
Lfflessel in which the sugars had arrived, and they
knew by the delivery order that Messrs. Bang and
Co. had at least something to do'with the property.
'They had, however,. not availed themselves of these
means of knowledge, which they ought to have
used before they could justify themselves in defend-
ing this action of a set-off against the broker. His
Lordship would not say that the defendants actually
knew Messrs, Baring and Co. to be the owners of the
sugars, but certainly they had abstained from in-
quiring into a fact, with respect to which they had
been possessed of competent means of inquiry. Con-
sidering, therefore, that the set-off in this case. was
merely an after-thought, .the Court could nut see any
reason kr putting the defendants in a better situation
than the More innocent plaintiffs.
Mr. Justice BAYMIT and Mr. Justice HOLR011) en-
tirely concurred in the opinion of the Chief Justice,
and judgment was siren for the plaintiffs.
courr OP COMMON PLEAS, NOVEMBP.R
- This beiftg motion' day; tit/thins occurred btft mo-
tions, of conics., with the exception of thb case of

HART b. DAVIS.
Mr. Sedeam VAUGHAN bad moved for a rule to
shew cause why a new trial should not be granted in
this case, stating that his motion was founded upcni
the affidavits of-persons, who deposed that they had
heard some of the Jury who gave the verdict, make
declarations indicative of misconduct and prejudice
on the part of that Jury.
The CHIEF JUSTICE observed, that a case had best
lately decided in that Court, wherein it was ruled
that nothing corning from any Jury, or derived (rout
that source after trial, should be allowed to affect
the verdict.—ltule refused.
INSOLV.V.NTI;EBTORIc COURT, NOV. tz.
This day, W. Twysden, Esq. formerly of Upper
Brook-street, Grosvenor.square, and Upper Berkeley.,
street, Portman -square, Middlesex, and afterwards
of Rucklan House, near Edinburgh, Scotland, and
Wooller, Northumberland, and Luc Uppir George-
Street, ortman-square, was again brought up to take
the benefit of the Insolvent Act.
He was opposed by Mr. Arinnews on various
items. It appeared that Mr. Twysden had coramade-
ed the contracting of his debts in 1809, at which
time he became 11' age ; that he was the eldest of the
seven children of Sir William Twysden, on whom be
~had been always dependent for his support. Most
of the insolvent's debts arose from gambling trans.,
actions.
Mr. Pommes was heard in behalf of the insolvent.
The COURT summed up the arguments used as
both sides, and said that it was sorry to see the heii-
apparent of 'a respectable family brought before it,
and still more so to see that so many of the debts
owing to, and owing by, the insolvent, were of- a
gambling nature.
The prisoner was then remanded, owing to an ap-
pearance of collusion in an arrest.
It was afterwards prayed by the Insolvent's Coun-
sel, that he might he allowed to come up on a new-
petition, as soon as he had been detained the prdpet
time, at the suit of a Mr. Kelly, to which the Court
immediately assented.

THE ADVENTURERS TO SOUTH A NIERWA.--ITI eon.
sequence of what transpired at the Mansion-House
on Thursday last, relative to the enlistment of men
on board the ship Perseverance, in the River, Capt.
Richbald, of the Thames Police, sent a person on
board to make enquiries. The result, which was
communicated yesterday S-for the satisfaction of the
Lord Mayor (who, however, was absent, and repre-
' sensed by Alderman J. Sir.ith) was, chit the vessel
was, in most respects fitted out like our transpoits.
There were Many persons on board, but they set m
wholly free from restraint, and walked the deck
if perfectly at home. The hatchways were all open,
there was no centinel to be seen, nor were there fire-
arms, or other offensive weapons on board.. The
messenger said he did not enter into ary minute en-
quiry, but there certainly was nothing like complaint
to be heard in the vessel.--'fhe Alderman desired„th*
the facts might be made known to the Lord Mayes.