Star.
London, England, 1818-12-18 00:00:00

„ ,
• -
• • • , IA” :INTELLIGENCE.
:•f„, • .'-` ------
TICEOCkie4I,OTI'S COURT, 15ECEIVIIER 17.
ZING'S couNsEL.
At the opening of the Court. this Morning, Girrsti
-Witsw,r, Esq. who was yesterday sworn in before the
LORD CHANCELLOR, as Ring's Counsel, came to the
Bar, when the ,Viec-CitaNces.r.on addressed him as
followst-4, Mr. Wilson, his Royal Highness the
Prince Regent, acting in the name and on the behalf
of his Majesty, having been pleased to appoint you
one of his Majesty's Counsel, you will take your seat
within the .Bar."—Mr. Wicsox then bowed to the
Court, and took his seat with the usual forms.

COUItT Or KING'S BEN6O, DICEMBER 17.
This morning Mr. Justice Btst - sat for the first
time in his judicial character since his appointment,
for the Chief Justice, and was received by the whole
Bar in a manner which marked their esteem of. a
Gentleman, whose distinguished abilities and cow*,
ous manners had rendered him a favourite during a
long career of forensic eminence. His debut, as a
Judge, was not only highly creditable to himself, but
gave assurance of a very valuable addition to the
dignity and importance of the Court of King's Bench.

NELSON AND OTHERS V. ALDRIDQE.
This was an action to recover from Mr. Aldridge,
an auctioneer and prciprietor of the Repository in
St. Martin's-lane, the value of a horse, under the fol.
lowing circumstances :—The plaintiffs, who had fre-
quently employed the defendant to sell horses for
them without warranty, sent, on the•preseat occasion,
twenty, to be sold in the same manner as before. The
dafend•tr«. sold nineteen, and paid the plaintiffs the
amount ; he also sold the twentieth, bus omitted to
take either the purchase-money or deposit-money be-
fore the horse was delivered. The horse turning out
vicious and unmanageable was returned to the defen-
dant. who refused to pay the plaintiffs the sum at
which the animal was knocked down. This sum the
plaintiffs now claimed, on the ground that they had
never authorised the defendant to give a warranty,
or• to receive a horse on return.
The defendant resisted the claim, on the ground'
that the plaintiffs themselves, by being parties with
hire to a handbill, (in which the horses were described
as. " twenty clever, fresh, active hones, just off work
od•the Essex-road, and full of dry meat,") had
im-
pliedly warranted them, or authorised him to do so,
and to receive them back if they did not come up to
the terms of the warranty.
A witness who was called stated, that the .horse
was vicious and unmanageable to the last degree ; he
• had not been tried as a leader.
-The Learned Jadge thought that this handbill
only obliged the parties to it to take care that the
holies had come off the Essex-road, and were fresh,
clever, and active; that the defendant was not, by the
handbill, authorised either to warrinit or to receive the
horses back ; that he had no defence, unless he
stewed that the horses in question had not come off
the Essex-road.
'lie Jury found a verdict for the plaintiff £59 1 7s.
the sum at which the horie had been knocked doves.
-rERCATSON C. CLARKE.
- This was an undefended action of assumpsit, on
fifteen Bills of Exchange; but a point of pleading
. wasstarted, to which the public would do well to di-
reet its attention.
In consequence of the conflicting dqisions respect-
ing the necesbity-of averring presentment of a Bill of
Etthange or Promissory note at the particular place
where it is made payable by a special acceptance, the
• declaration in the present instance (besides•the money
counts) contained thirty counts ;,---two on each 13111
of Exchange ; one of the tNiO, averring presentment
at•the particular place where, by the acceptance, the
bill was made payable ; and the other; omitting such'
averment. This swelled the record to an enormous
size, five skins of parchment ; and
Mr. POLLOCK, for the defendant, (in order to save
him the costs of fifteen of the counts,) argued, that- ie
fifteen hills only had been given in evidence, and 90
distinct hills had been declared on, (the second count
on each bill, calling it certain other bac) the ury
would not, without perjury, find a general verdict on
the whole declaration for the plaintiff, but must find
a verdict for the defendant on fifteen of the counts.
The Court overruled the objection, saying, that if
it were to prevail in this instance, it must also prevail
with respect to the greater part of the general counts'
inserted ton ards the end of almost every declaration
in striempsit and debt ; and that the rejection of such
counts or of those inserted in the present declaration,
would emltirrass the course of justice.
THE ASSIGNEE OF OKRLET AND "ENANS u.OARVZR
AND PRIM

This was an action to recover from the defendants
a bill of £7OO, for certain woollen-cloths delivered
by the bankrupts to the defendants, under the follow.'
ing cimumstances;on the ground that the transaction
took place after the bankrupts had committed an act
of bankruptcy :—lt appeared in evidence, that in
Sane, previous to the bankruptcy of the bankrupts,
• which took place on the 2d of July, a negotiation
for the sale of some cloth, by Messrs. Okeley and
Evans, to the defendants, took place, and a quantity
of cloth then at the dressers, Messrs. Rawlins and
Foy, to the valueof £9OO and upwards, was, by their
orders, delivered to the defendants, who gave to
Messrs. Okeley and Evans a bill for £7OO, at four
months after date, in payment. The difficulties Of
Messrs. Okeley and Evans becoming known to the
defendants soon after, they proposed to them to re-1
tern the cloth, on condition that their acceptance for
0700 was given up. This proposition was acceded
to, and the hill was given up to the defendants, who,
however, having got possession of the bill, refused
to give up the cloth, which they said they would re-
tam as a set-off in part against a large demand they
bad upon Messrs. Okeley and Evans. After tbfe,
bankruptcy of the bankrupt:, this transaction came
• to the knowledge of the Assignees, who brought the
resent action, on the ground-that the act of bank-
. raptcy had taken place before the goods were deli-
-vered to the defendants.
Mr. GURNEY, for the defendants, said he was not
instructed to oppose the plaintiffs recovering in this
action. They were creditors of Okeley and Evans to
a large amount; and thought they bad a right, in
self-defence, to make the best terms they could for
themselves. The law, however, would not allow of
their doiag so; and all they could now do was to call
evidence to prove that the cloth waanat worth, thel
bum it war valued at. The Leaned Genital cause

v:linesses to this point ; but the Jury found a verdict
for the plaintiffs.—Damages, 008—Costs, 40s.

COURT OF COMMON PLEAS, DECEMBER 17.
BEETHAM V. BENSON.
This was an action brought by the plaintiff to re.
cover damages upon a charter-party, on the ground
that the ship Benson, chartered to him by the de-
fendant, had not been sea-worthy when he sailed with
her from Blackwall for Calcutta.
IMessrs. Serjeants VAUGHAN, ONSLOW, Feta.. and
'Mr. GASZLIIB, were Counsel for the plaintiff ; Messrs.
Serjeants Loos, Coe Lai, and Messrs. Aaa n S, CAMP
ULT., and CHITTY, for the defendant.
The charter.party was proved and read. The do.
fendant warranted the ship good, tight, strong, and
sufficient ; the defendant was to pay 121. per ton, in
certain specified modes. The voyage was to Calcutta
and home again, with liberty to call at Madras.
William Thompson, boatswain of the Benson, was
on board five weeks before they sailed ; they sailed
on the 30th of July, 1816, she was 575 tons; before
they got clear of the Channel she began to make
water. They pumped every morning and evening :
they went first to Madeira : when she got to sea again
they pumped more frequently as they proceeded, till ,
they came to Rio Janeiro, to which place they were
obliged to go in order to get her caulked. They ar-
rived there early in October, and stayed eleven days.
Samuel Oeiatt, agent for the defendant, was always
on board. They arrived at Calcutta on the 15th of
January. She had made considerably more water
between Rio and Calcutta than before. They were
often two hours on end pumping. The wind was
capital. There had been no weather to hurt the
hull. They remained at Calcutta two months. A sheet
of copper extra, higher up than the oki, was put on.
The bowsprit was rotten, like the ship. Three days
after she had left Calcutta, the windlass was gone,
and it became necessary to get another ; the old one
had been bad and rotten. They sailed for Madras,
Which place they left in the beginning of May, and
sailed, as he believed, for their destination. On their
way a disposition to mutiny appeared, and they
sailed for the Mauritius. They had fine weather—
the vessel made a good deal of water. Early in July
they arrived at the Isle of France. When the outer
planks were taken off all was rotten ; he could put
his fingers through the beams, and take them like
snuff. All the stern frame was rotten. He saw it.to
he so when the carpenter had cut it optn. She was
broken up there. She had been under the examina-
tion of Mr. Piston, the head carpenter in that place.
John Corson, the Captain's clerk, proved nothing
material.
Captain Dent, of the Cadmus, had been at the
Mauritius at the time the Benson arrived there, and
was, with several others, employed in surveying her.
There were several surveys. In .each successive sur-
vey they had been obliged to lay open more of the
ship till they had discharged the whole cargo,,scad,
found a great pLrt of the sides and all the stem rot-I
ten—he thought the rottenness must have existei) for'
a considerable time. Some repairs had been at-
but tim'seams were so soft that they could
caulked.

Cross-examined- On the last survey they had cer-
tified that she could be repaired. He knew that there
were good workmen in the Mauritius.
Captain James Jordan, Alexander Ramsay, car-
penter of the Musquito, Lieutenant Evans of the
same, gave evidence to the same effect. The two
,former had been among the surveyors.
Joint Dciuttp was at the building of. he Benson, in
*e St. Lawrence, Patrick's Hole, New Orleans, in
1811. The timber used was green; when launched,
'site admitted so much water that it was necessary to
!wave her uprand let the water go out. He refused-
-4.8 a month to sail in her to Jamaica, and thence to
Illngland, because he thought she would be leaky
mild troublesome. She carried timber to Jamaica,
and sugar thenCe to London.
John Ward, rigger and lurnper, was foreman of
OS job of unload'ng the Benson, on her arrival from
-*maim She brought sugar
.and logwood. The
lowa e tier of the hogsheads was in water, and part of
the second was damaged. She shook like an aspen
leaf, or a man with a palsy.
°ther witnesses gave evidence to the same effect.
In order to avoid the necessity of going into evi-
dence on the damages, it was agreed that, if there
should be a verdict for the plaintiff on the sea-wor-
thiness, the damages should be subject of reference.
Serjeant LENS addressed the Jury for the defendant.
Captain Thomas Thanker was sent out in 1811, to
take the command of the ship when she was built.—
The materials of which she was built were seasoned
and selected. She leaked no more than usual with
new ships. The account given of the damage to the
sugar, on her voyage from Jamaica, was all .untrue.
None of the consignees complained. He commanded
her up to January, 1813, when she was transferred
to the transport service. He bad never seen any de-
fect whatever in her. _ _

. .
William Hooker, Quarter master of the shipwrights
in the Dock-yard, Chatham, was in Quebec in 1810,
and saw tEe framing of the Benson. She was a very
fine ship.
Captain Phillip commanded the Benson in IBIS,
and sailed on several voyages with troops. In August
of that year he gave up the command to Turner.
Captain John 'firmer sailed with troops to Quebec,
and the Benson was selected by the Governor, Sir
George Prevost. and his family, for conveying them
to England. She was Under his care till the 12th of
July, 1816. He never saw a finer vessek
A great number more of witnesses were examined,
who all declared they never saw any Mark of un-
soundness. At the Isle of Prance Mr. Oviatt could
not at once get money to repair the ship. The Preach
Vice-Admiralty Court ordered her, to be sold, and
the cargo to be conveyed to England iwother ships.
She was, in fact, sold for the repairs previously done
to her.—Verdict for the defendant.
.

This cause occupied the Court front ten in the
morning till half-past ten at night.

Sorts TfIROATB.-At this season of the year, when
many people are afflicted with that dangerous and
distressing complaint, a sore throat, the following
simple recipe for its cure, whici; we have received
from a respectakle correspondent, may be very use-
ful :—Take a glass of olive oil, and half a glass of
spirits of turpentine, mix them together, and rub the
throat estenuily, wearing flcnnel round it at the same
tune.— It proves most effect:K.l when appied early.
Sweet oil will aaswer the purpose equally

INSOLVENT DEBTORS' COLUIT, DEC.II.

TS.VI'SDEN'S CASE

The case of William Twysden, Esq. eldest son and
heir to Sir William Twysden, Bart. of Boyden-hall,
lent, which has been so tepentedly before the Coto t,
awl postponed principally through neglect, in mat-
, te:s of form, was this day decided.

Mr. ANDRIWS interposed some further objections
in point of form, and succeeded in separating the claim
df a particular creditor from the present adjudication,
in consequence of the schedule served on Mr. Virgo,
the Solicitor, being without a date. There was a
blank before " November" in the schedule, and the
'particular date was accidentally omitted. This par-
ticular debt was therefore agreed to be excepted,
until a fresh notice in the particular instance were
complied with by Mr. Twysden.
The case was then proceeded upon, respecting the
'other opposing creditors.
Mr. Twysden was then examined by Mr. AND a sws,
in the following manner.
Q. Have you read o'er the schedule you have put on the files
of the Court?—A. I have.
Q. I find you state is it several large debts dm by you, as
bearing interest, without specifying the amount; Can you more
particularly state the sums including this interest ?—A. I cannot,
for I am not precise in the dates of many of the hills, and there-
fore cannot judge what may be their probable amount with the
interest. You will see by my schedule, that I owe Mr. lion/-
ditch a balance of £649 14 carriages—he has my bills of lip
change, bearing interest since 1813.
Q. Who is Mr. Keats, to whom you state yourself as fields
fur the payment of £2000?—.1. Ile is shatter in the City OW
whom I have had large dealings on account of a Mr. Waage.
But though I insert this suns to him merely to shield myself
from the liability, yet I know that the notes, on which my name
was signed, have been paid. The money was fur Mr. Walker ,
he has paid the bills, but in consequence of his being on the Con-
tinent I have not been able to get them, fur the purpose of era-
sing my signature.
• Wbu is Mr. George Pentland, of Perth, who bolds secu-
rities of yours to the amount of £12,400?—A. He is a coach-
maker, who has post-obit bonds of mine. Ile has my notes fur
,C 3,000, and a Mr. Crookshanks' for r 1200. With a view of
taking up these securities, I transmitted to him a bill of Lord
Beaochiunp's for £7,700. But Mr. Pentland has held the whele
since, in consequence of proceedir.obel..g stayed in Chancery to
prevent the recovery of Lord beauchamp's money, Lord B.
being under age, and an objection bring taken as to the consi-
deration given for the bill. It was a gambling debt. Mr. War-
der's debt of Chelsea, is i:700, for which he has a post-obit
bond. The value I got for it was a horse, and of by no means
the value it was represented to me.
Q. When did you come of age?---A. In 1809.
Q. Have you since your becoming of age received i regular
allowance from your family No, I here not ; I leave been
depending on the bounty of my family and friends.
Q. Have you any objection to state the amount of the allow-
ance you have received in this manner. I don't press the ques-
don, should you feel a disinclination to answer it?—A. I have an
objection to answer this question; my father may not wish me
to do so.
Q, I perceive your debts amount to 419,619. How long have
you bee contracting them?—A. Since 1809; very few indeed
have been incurred since 1 aka. They have been partly gambling
and partly real debts.
Q, I perceive that some of your securities partake of the same
characten—are you ready to deliver up to the assignees the whole
of your securities Most certainly I am.
Q, Have you any other bill from Lord Beauchamp but this
one for £l,7OO?—A. No; that is the amount of my whole
claim upon bins.
Mr. POLLOCK then examined Mr. Twysden in ex-
planation of his affairs, and reoeived the following
answers :—The annuity I granted to Mr. Ments was
in 1812, and though I am nominally bound for
£4,200 in this transaction, yet the whole I received
was £1,400, and Mr. Agents charges! me £lOO for
drawing each of three deeds. For the. annuity I gave
Mr. Virgo, I only received six years purchase, and
be also charged me £lOO for drawing up his deed.
was in the army from the time I was 16 years old
until I became of age, and during the time .of my
transactions I have paid away to different creditors
upwards of £14,000, for which I hold the actual re-
ceipts in my band, and I suppose I must have paid I
away £lO,OOO more, for which I have no vouchers." I
Mr. Arennews then addressed the Court, and con-
tended
that from the nature of Mr. Twysden's trans-
actions, as stated in his schedule, and developed in
his examination, he must have c:ther been the dupe
of the vilest .knavery, or the willing spendthrift of
the property of'bis creditors, in such a manner as to
preclude the possibility of his receiving the benefit of
this Act of Parliament.
The COURT, in pronouncing its judication, reviewed
the whole of Mr. Twysden's case, and observed, that
be was the heir apparent to a family of great rank
and consequence in the county of Kent. lie had
alien, it was quite clear from his own statement, a
lyoung man who had acted with great extravagance,
with great improvidence and indiscretion, is this and
other countries; but before the Court could come to
the harsh decision of remanding him to the walls of
i prison for five years, for gross injustice to his cre-
ditors, it must be conscientiously satisfied that it was
the intention of this young gentleman to incur debts
without any probable means of paying them, and to
cheat and defraud his creditors. Now in Al cases,
the law required that the creditor, who called for the
severe interposition of this penalty, should appear,
when he gave the credit, to have taken all pro-
per and diligent means of assuring himself of
the situation and circumstances of the patty with
whom he confided. Here 'the parties opposing
were annuity creditors, who were not likely, in such
a city as this, to advance their money without know-
ing the condition of the person who borrowed it.
.r--there were regular public offices for them to resort
to, in the view of knowing the particular encum-
brances (if any) which may have previously been
given, on any property
srepresented to them as good
security for the sum wanted. Mr. Twysden had
gone to these People, paid them their premium, and
given them the security, with which at the time they
were satisfied, for the advances they made. Had he
gone and represented himself as the heir-apparent to
a title and estate, to which it was afterwards found
he had no claim—then indeed they might justly com-
plain of fraud, and the law would afford them redress.
fliere had been here no false representation; Mr.
Twysden had stated himself to be only what in reality
he was, and whatever might have been his indiscre-
tions, she Court could see no reason to admit this
opposition as decisive against his appliCation ; and
from a full view of the whole of his case, was of opi-
nion that he was now entitled to his discharge. '
Mr.Vtano, the Solicitor for the opposing creditor,
here rose and said, that notwiths:anding the personal
offence be had received from Mr. Tavys,:en, he had
no wish to detain him within the walls of a prison,
by enforcing any further the abjection which was
id:rated by tke Coot t, for the cnui.;w4 of dm date

;.) the scheJole. Ire, therefore, al
of the objection.
Mr. 'f'wysden was accnrdinfa}
all the claims on the face of his s 4

Rowrsvexer.---fieary, alias '
brought to the Office, yesterday,
examination before Mr. Mime
the Sitting Nfegistrates, charged
ned with a number of smuttglers
der of six of the Revenue Officer
Fox Revenue Cutter, of Deal, het
years since. A bill of indictment
the prisoner at the time *rick al
cficted, who were tried at the Ad
Mr. EW informed ti.e pri.ot
take place on the 11th of Janu
Admiralty Sessicns commences.

MArtmaottouceit-sram.--Yu
Lion was exhibited against Mr. E
100 Stables, in the Haymarket, f
horses in the Haymarket and Pai
pose of breaking them in, on We,
.November last. Mr. Eames subs

a license of L 25 per annum ; if LI
cising young bases was to be pi
keepers must discontinue their
Gentleman be liable to have iris
and perhaps his neck broken. for
being properly trained.--The :
practice complained of was nor
compelled to flue the clefenda:
forty chilling and costs, which t
diately paid.

Marks Crecmer was charged
discharged artineryman, named
containing his all. The prosecl
left Brighton on Sunday List, d
service, and he was oa his roi
where he has a brother who %ma
ment. He was inquiring for al
town. on Wednesday night, an,
pence halfpenny for the same, su
The prisoner heard him make t!
t.pon him to return back
he could get 'him a comfortAl
this hope the soldier returned
ner pretended to feel for the tra
upon him to let him carry his bu
201bs. consisting of clothes and
and other articles, which the pro
as a present to his brother. '1
Giles's the prisoner said the hu
the end of the stick, and lie wan
in pursuit of the thief up
which, however, he sec.ired
him to the watch-house. The I.r

Tixtor-itAtt.--Richard Twai
William Davies, and Joseph Be
on Wednesday morning were al
ley with the dead body of a m-
were yesterday brought to this
thet examination, in con,equenc
against them having been prear
that on Wednesday eveningl h,
grave had been opened and' ph
Church-yard, in Kent. Mrs.
informed the Magistrate, that o;
her deceased hucband was it.
Church-yard. Having been
had been opened, she went to the
there observed the coffin in
been deposited open and em;.
quentlr been to the bone-house
had taen the hod), found in th,
diately recognized it as the cot
'husband. The Minister of P
prove the burial of Mr. Picibui
cers of Plum;ted were also in al
their determination to prosecute
'extent of the I-sw. The disinte
place in Kent, the prisoners wer
!ford Gaol, in order to tate the:
stone Assizes.

A l'itAuo.-,-Wednesday even
six o'clock, a person of very get
good address, vent into the al
umbrella-manufacturer, 34, L
pretence of purchasing a silk tm
'hewn' to and objected t
good in reality : at length he
superior kind, fur which-he agt
took out his purse apparently
paying for it, when he pretends
had "not sufficient change ; he,
of no conseqnence, as lie was
house, afew doors lower, and ii
send his boy with it, and a bill
pay him direcxly lie then ga,
lor,„ and proceeded immediate
don Cofee-house. A few mi:
Coventry's boy took the umbr
found the gentleman sitting in
told him to leave it, and go b
umbrella fit for a servant. T
his master, and returned with
of ten shillings value ; but in t
ler had decamped with his b
all known at the London Cofe

BIRTHS.
Monday, in St. Jarnees-squ=v, the
a son.

_
The 10th instant, at Knochdten,
Ireland, Lady I.eolrage, of a deoghtes
At Palace, Jiff, Ireland, Mrs. Bo
Esq. Member for t►e King's County

DIED.

At Tain, on the flth instai.t, in the
Akzandec Macleod, of the late 6th 1
At laves-am, on the •27th niche%
Lieutenant n. WCrimmon, 4th Re,
At Newton, near Editiatgh,
fever, 31t. David Matra,; and oa t
silicate, his sou, Mr. Robert Murray.

- PRICE OF STOCKS
Bk. Stock I Lc

Reduced 76j 77 78 71
Cons. shut
4Si per et.B6ifi
per Ct. 9*
• Navy shut_

HIGH "WATER at LONDON B
Mating
Aft ening= •

LON D. 12.7.: rrust
haw. Tone

. ... .1
. • -
4 ... •
. -
. ...
41. 0
...:
•
. : .
- • '
/
• 1.... •
I
0
i
I
I '...
• ..
i
-
1
.•
i
1 ,
I I.'
••
I 1 •
I
: ~
..
. .
• . •
. 1 •
• 11.
.. , . ‘
. ..
..•
;.".
I •
.. I
i
•
•
~-1.
$
1 ,1
1
.!.
I,
I ,
1 ' '
f
1 - ,
' t
1 i
. • i
. i
! 1
, 1
•
1
1 li 1
' t
: 1
1.
....,...
•.. ".
Ir. ik,
i A '
N,
+.,