Star.
London, England, 1811-12-28 00:00:00

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raw IX TEL I.II2:EATE.
COURT OF Ke.NG'S BENCH, DEC. 'ES.
MILLE& AND GTHERS M. WHITMORE.
This was pa action upon a policy of insurance on
diamcinds, supplied by the plaintiffs, who are manu-
facturers of jewellery, to Mr. Montero, of Madeira.
The articles were admitted to have been put into the
Pest Office in London, directed toMadeira, RI 10s.
4d. being pai s the postage to Lisbon ; and the
policy coveted them from Lollar. n v.) Falmouth,
thence by the packet to Lisbon;* and at and from
thence by any ship or ships to Madeira. The policy
was filled up by the dei.littint's clef k, who also acted
as -broker for the plairitqrs. The deposi- ion of Mr.
Montero w. 5 read, that tilt diamonds had never ar-
r'ved at Madeira ; and Mr. Lowther, of the Foreign
Post Office, testified, that at Lisbon the trust of that
Other ended ; but Government had there an agent,
' whose duty it was to forward the letters in the best
au, y he could to Madeira.
. The ATTIitINTA G.eernat., for the defendants, eon-
.tended, that he only undertook to be responsible to
-Lisbon, by the packet ; and that the plaintiffs ought
to have directed their goods to a correspondent there
to be shipped to Mad,tra. It could never be said,
that the lindens titer was liable all thewhile the goods
remained at Lisbot. • There,
,it appeared, that for
the -benefit of the subject, Government had gratui-
toiGsly employed an agent to faciliede the destination
of letters directed farther than Lisbon. But it was
DO more the duty of Government to do this, than it
was the duty of any Gentleman of the Jury, who
might pick "pa letter in the street, to forward it to
the place of Its direction. It was a moral duty only.
Ili this case the loss happened in 1806, and the
derwriter had no notice of it-till long after every pos.
Albany of making any 'enquiry about it on his part.
The declaratiqn, too, averred, that the goods were
stolen in the first count and, in another count, that
the goods arrived at Lisboa, and were afterwards lost
.by the negiigence of the defendant's servants:
Lord. Eet.eNnonotrott thought the plaintiffs sheuld
haVe gone farther, and pointed out the manner of the
loss. Hekv was it lost by theft, as declared ? -As to
,The liability at Lisbon, his Lordship was of opinion,
that the: words is at and from" covered the whole
transit, • He thought it was incumbent upon the plain.:
tiffs its ha, shewn the safteasrival of all the packets
, aboutthat time to Lisbon.. ' • _ _

r u. wu.!anms, cur
Y utku .IN LISBON', 4EV.

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• 1/II lint
Ittlii It t*
iltilik
xum BLit '.4,47. , igi,
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, " Hen mitieratide purr !
Osteuilunt tents tiktantunt fats."
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Where yonder bier restores to kii dred clay
A friend, whose pro's:Use told in early day
Tharvirtue fsinu'd him of sopexior Einds
In rare pet-hen:lD of exalted mind:—
There mi:se ! Con:mane with Grief, and thine soluuttl;
And p.rur effusions front her copious urti,
To hint' whose Country's cause was ever dear,
Whos.: breast with love of country glow'd sincere,
0h I yes, dear youth ! had fate delsy'd thy doom,
Had all thy rising virtues reach:l full bloom,
Ha.l thy young dawn, which rose with brightest ray,
Atiaiti'd its noontide blaze of ardent day,
Thou as a soldier, crown'd by hurcid Fame,
Had claimed hi,ds place in list of honour'd nano,
Arid, twer forentost in th' ensauguiu'd strife,
1-lad bird wi'h acts that glorious day of life !
Oh, ye! who form'd the social hour to please
,By Wit tuts's' manners and his polith'd ease,
Ye know; like scars ssrlOch deck the orient day,
He shone with Truth and Friendship's bees:est ray ;
That his kind nature wide esteem procued,
Atid fond remerribrance to his name recur d. . ....
.Then cease, my Muse ! forbid these tears to flaw,
And let celestial hope dispel thy woe ;
•For worh like his has •urely witted its way •
To blissful realms of everlasting day l

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Caerizo, Ogitober 9, 1811.

AMICI LACIAMir"

711 E NEW COML.
•
This additional sublime Stranger was seen on Sim- ,
Jay and Monday evenings as-the Glasgow Observa-
WTI. Its position hits varied considerably in decli-
nation from that given bj the.trench astronomers for
tit. sth December. It is now very near the,equator.
Its appearance, when viewed in the 10 feet,lgriscitelian,
with a power of 250, is extremely beautiful. Thell
uebulous,comet.ry mass is condensed, appears bright,
notwithstanding the vicinity of the moon.. There is
at present a fin.: &nide star a little to the south-west
of it. The raritlitpieliv motion is evident, even in
the common telcsc. ire, in the interval done day. Its
situati n has been carefully determined on bath even-
ings by a series of azimuths and altitudes with the
great astronatnical circle Constructed by Mr. 'Fannon,
TON. It is still in the extended constellation tridanus.

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Mr. GARROIV, for the plaintiffs, said, he had a wit-
ne.s to prove that ; but
Lard ELLE:48011017W! Vold not suffer cases to be
,sicced out in this t was a phintiff's duty to
mike his case as perfect as he could in the fist in-
st:ince. The defendant was called upon five years
after the loss happened
Mr. GASSLEE, ltkewi-ie of Counsel for the plaintiffs,
said, that the case sk s here in 1808; but the plain-
tiff did not bring i osi for want of the deposition
'from Madeira. ,
Lord EltLENlV,nountt—That might have been ob-
tained ia° less time. ! lit LordshiP then char-
ged the Jury, ;hit there was no evidence of the pac-
ket's arriwit ;it. Lisbon ; and the question was, whe-
ther the were lost as the declaration described
They arlitic have been lost by the capture by the
enemy of the packtt to Lisbon and then that would
not have been the loss averrecitere. There was no
fact to leave to the Jury but whether this lets could
be ascribed to theft, of which there was no evidence,
and therefere the Jury must find their verdict for, the
defwitiant.
Ater retiring for a short time, they returned ac-
-I.c ordingly.

Tuesday night. between ten and eleven o'cl ck,
the sere aat of Mr. Shuttleworth, watch-maker, of
Duke-suW, St. James's, was sent out for something
for the family.• On her return, as she was opening the
door, she «•.:s knocked down, when three men rtrshed
in, arid proceeded to rob the house. The ales of
Mrs. Shuttleworth, however, wh had heard t e noise,
alarmed the villains, who decamped without any

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booty.
' A fellow oho made an unsuccessful attempt to pick
.a goroleman's pocket as he was passing on Thursday,
drew . large clasp knife, to defend himself on andel-
year bei: . made to take If m into custody. He made
ettempts, hilt letile in effect, We are hippy to stated to
'stab tie geed, man, whom he had Vainly endeavoured
to rob.; hot on some .issistance being obtained, he was
borne off, and placed in security, within the Poultry
Compter, to answer for this revengesfel outrage.• BEI/MILEY v.. MIDDLETON.
'The following circumstance occurred one night The ATTORNET-GENEEAL stated, that this was an
action of debt upon a bond, in the penalty of ten
Ws' Week, at M. Carter's, in Barbican : —Mrs. Car-
thousand, six hundred pounds,
. to whicli the plea vets
ter having occasion to go intnalio yard, observed a
non rep:turn, and pet p a s ial lee of usury, which the
fillow• concealed in an outhouse, and gave the alarm.
_ plaintiff denied, and that was the issue. The plain.
Mr. C. immedietely htshed out armed; 'mit the vil
tiff was Substantially Colonel Michael, to whom the
.lain, with his confederates, escaped over the wall, y
in?minal.piain. titf was morttragee, who had declined
tiniugls the neighbours used their endeavours to dis-
cover them. Mrs. Carter, in consequence of the fright 1 sus seem ity from a disratisfitetion with it, and had
she received, has been since much indisposed. been declao.! Ara
ster for the Colonel, tinder edged.
I The' facts were, that Colonel-Midsael, together with
Sunday the night of Sday last, aothe villains Colonel Appleom and a Mr. Smith (boat of whom
broke into the fowl-house at Tuddenham,which they last were deceased) had become partners inset Bank
emptied of a number of turkies, and other fowls, and . at BeverleT, in Yerksliire, where the defendans, who
conveyed them away with a horse and cart, -pre- was a raf; merchant, resided. The defendant had
viou-ly boat) sed from .an.adjoin•ng house ; -- when, 1 two ions, the one named Jahn, in business with his
within a sho.t distance of the city, one if the wheels fa. thei at Beverley, and die other NVilliam, •in busi-
coming otf, they-were obliged to leave the cart on the i ness at }La. The. lother and son John,
.kept cash
road, ;nd to bilag their•pluuder into the city on f&it',l wish the bank of Appleton. Michael, and Smith,
Tuesday night, about nine o'clock. the house of and were in advance twin that concern fi r a balance
I*:::lty.citer, mercer, ,of Westgate-street, Gloucester, of E2o(i) or te-'3000.' Many application % for this ba•
was. ttempted to be, obbed. The family were all' lance were made, a .it was not to be expected that
Out, except Miss R yder, who had just sent the servaut the bankers should .. sell out their steck at a loss to
to. buy her a pair of patters, and in the mean time supply themselves • with the money that was due to
some person had entert,d, and. concealed himself in' them by the defendants. The Middletons were con-
the house ;on the maid's tinging the bell, she went vinced of this, and 'Offered, if the bankers would
to open the door, but found the key took out, .and sap mat imp% a pet cents. to stand any loss which
the chain. „put across--she immediately Vve. the might be thereby sustained. The Middleton, had
alarm, and broke the window, crying n Murder ?"1.-e anothcraccount with the bankers for their Hull con.
the door WAS then br,ken open, but tiro i;sa ;004 ha.
cent, on which also there was a considerable balance
found.,; and it is supposed he escaped through aback • against them f and the same loss was agreed to be
window ; huSvever, some imagined he hod get 'pills tap .on the settlement of that balance. At the
chimney, and fired up it ; the Whole ci;y was distur- stone time it was stipula,ed, that the Aliddletoos
bed, and numbers proceeded to the
tops t f houses might be always at liberty to replace the stock. which'
with lanthorns, &c. but the villain got ,clear off. . the banters had sold out. in 1800, Col. Appleton, died,
A daring attempt at robbery was nearly' .being and Col.Michaelwished t . retire fi om the business, and •
successful' y executed about seven o'clock, on-Fiidar ;- fettle accounts with t'le defendants. They desired ex-
se'nnight by some ,villains, who, whilst one of Nisi plinations, and demurred to paying the loss. The
cl.olson's coaches was driving along the road. _near I)nssineis was referred,hy Colonel Michael to Cobatea•
,rood-hill, got up behind, and cut otf a truss, consist, I gay, who was of I:Tinian, that as the bankers had
ting of linen-drapery goods, from the top- of tiae.coach,.; oat actually transferred the stock to the. Middletons,
which they succeeded in lowering into the rosali this :iheloss could not be charged .; and Colonel Michael
discovered by the coachman or passengers. %Whilst i immediately furewent,it, struok it out of his account,
carrying. then prize up the hill, another conch hap-' and went fie; a balance of only AiioUo or £6060.
penieg to be comintdowai the driver of which, Obs, No bonds were given 01 Ist Septesnber, 180Vawheu a
serriprrwo et Abp.. men of a suspicious appearo t.,.ifinal'e seulcraeitt took place and interest was only
With a large pasceLealled out to them, to ask where' taken foßina 1801 till 1?•02. If the Middletons h 4
• they were goiog? an4,aL Slit same instant stopped- had ta replace -the stock then, that was the_yeaFfil
the coach,•wheo-the,Ren immil,iately dropped tneir peace, and it ceuld not have been replaced for any
bo ay, and ran off. T'he coac mine,: wish the ass's- thi -• like_ the sum, al which it WAS sold out,
.. Two
tance of the , passengetor.secered the- iitu-el s inft, on ---eXavre w Lakin, one, gilabre
his {arrival at Rocheitgf, treilYetled, ft t0.114-,broiher I the fat'ier .It at i
Willi iilltlll he disebesrellameoting.the loss he was a of 1,.5,804, t e . is
. . .
I:keh lb sustain. . •:,':. bonds, ,no principal
interest; -
/4 a Aeggar's feast in Throt streetvoti ChristmeS s and pip
Dir,..o.pwarda of
.60 of
_that traternityipartopk ot.-M ... instaimenv..9l-illf
.. i
surne,w•Aus oinaer of f0,,11, flesh, sk4;fowlEtviskwitte instalment with*, any iiii
anti qtniMin abundance.. • N4ifne were •admltted with: ' The Middret.pne not by!
out iiciteta, or who were- not well known street tilnlit. i c 000 *Emil real,ly.
dicants. . ; , ::: • -.• : :.... wool. '-ebncern
it. . ?-.1.,9.1i1EA40.

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ihini like the sum .at which it v
bonds* €509 eackivere now to
the death
,of Mr.' MidglOop tLe
s',Me Time *as tiktp abOtid of
cft.ih'. • Upon. the former two bop
'kern paid, and oily or*.Yeafs
\• me get 'n:II bond,. OitibV 4hi
'T*l"-Oili in, dilly ti 'rift; intLihr,
, `tilriktil '1 Ole yC41.1)101. The
ins , yelimiTorF, and 9
'aaotlier
il4 A. aft ,off • . ... •
*4lO 6