Star.
London, England, 1818-11-07 00:00:00

• COURT OFKINO'S Br.Ncit,

This being the first day of Term, the Court did
fit sit till nearly half after one, when the new Lard
Chief Justice (Assort) took his seat, accompanic.l
by Mr. Justice Bevr.ry and Mr. Justice lior.aoxv.
Shortly after his Lordship entered the Court, he ad-
dressed the new King's Counsel, Messrs. Cullen,
Owen, Wingfield, Horne, and Heald, successively in
the following form :—" His Royal Highness the
Prince Regent, in the name and on the behalf of his
Majesty. has been pleased to appoint you one of his
Majesty's Counsel learned in the law. You will,
th arefore, take your place within the Bar accordingly."
Few cases of any public interest came on.
Mr. NOLAN moved for a mandarins to the Corpo-
ration of Totnet, to compel them to proceed to the
election of a Mayor.—Rule Nisi granted.
Mr.Gasstrit moved for a rule to shell cause why
a writ of quo llamado should not issue against the
P. reorder of Nekton, on the ground that the present
Racorder was also an Alderman of the Borough) and
• that in his capacity of Recorder he would be called
cr. to do many acts incompatible with his situation
as an Alderman.—/ rule Nisi was granted.
Mr. Scarmerr moved for leave to file a criminal
trfortnation against Richard Stocks, a Magistrate in
Yorkshire, on the ground that he had employed his
authority in compounding a felony for his own
profit.. A Mr. Taylor, it was stated, bad an account
current with Mr. Bentley, the whole of which had,
however, been cleared at a settlement the parties
caste to some time since. A little time after that
settlement Mr. Taylor was surprised at being arrested
under a warrant charging. him with forgery. The
charge was, that he had given a Bill of Exchange,
accepted in the name of a person not in existence.---
Mr. Taylor offered to deposit the amount of the bill
as a security, if by such means he could obtain his
discharge. This, however, was refused, and Mr.
Taylor was kept in custody that night. The next
morning the parties concerned *ere told that they
had better settle the business together, and Mr. Stocks
stated that he had no objection to a ond being giveb
for the purpose of a submission of the whole matter

to arbitration. When the bond was brought for exe-
cution the nett day, Mr.-Stocks objected to one of
the securities, and asked for some other name. At
,that moment it was not possible to procure any other.
Mr. Taylor was remanded into custody, and Mr.
Bentley bound over to prosecute. Mr. Stocks after-
wards came to Taylor, and told him that Bentley
would consent to arbitration without requiring fur-
-1 ther security. Under these circumstances an award
was mule, and against Taylor. •
Mr. SCARLIITT expressed his hope that Mr. Stocks
would be able to clear himself. .

The Cures Jurrtce hoped so too ; but added, that,
enough had been stated to induce the Court to allow
an information.

COURT OF COMMON PLEAS, NOVEMBER S.
This being the first day of Term, Sir R. DALLAS,
appointed to succeed Sir VICAR! Gl/111S, took his
seat, for the first time, as Chief Justice of the floitut
I of Common Pleas.

MUSGRAVE •. MUDGE.

Serjeant CoII:ea moved for a Rule to thew cause
why the defendant might not be allowed costs, and
be discharged from execution. He stated that this
case had arisen from a dispute between the parties
respecting the costs of a sale. The plaintiff had con-
eigned property to the amount of £Bl,OOO to the de•
dant's father, then residing at Gibraltar. At their
first settlement, the defendant accounted to the plain.
tiff for £54,000 of the above sum, and the remainder
was to be retained in the hands of the defendant till
the costs of sale and other charges should be deter-
ined. After these had been defrayed, the plaintiff
maintained, that a balance of £4OOO ought to revert
to him, while the defendant stated the surphts to be
only £350. An, arrest was issued against the defer.
dant, and being unable to procure bail to the amount
required, he -was committed to prison. The cause,
-after every-possible delay on the part of the plaintiff'
had at last been brought to trial ; and, with the cos.
currence of both parties, it had been referred to the
arbitration of Mr. Tindal, who found that the 'clubs
sum dae by defendant amounted only to £364.-!..i
There was one irregularity on the part of the plait*
tiff which was particularly deserving of notice.—
While the defendant was in prison, a person called
upon him in the name of the plaintiff, and proposed,
• that if he would consent to pay £l5O in addition to
the sum of £350, which he had stated by affidavit
to be the amount of the plaintiff's claim; he should
he immediately discharged. He made the present
motion under Stat. 43 of Geo. 111. eh. 46. in which
it is prvided& that if the plaintiff do not recov?.r the
whole sum for which the action is raised, the
dant shall be entitled. to costs, after deducting the
sum overcharged.
The Cuter Jvs-rina...-:-Ilas the arbitrator /axed
the costs?

Serjeant COPLEY.--My Lord, he srns not autho-
rized to tax costs.--nule granted.—The Court ad-
journed after havagyat about half ar...ho=r,
PREROC.ATIVE COURT, NOVEMBER 5.
tioK AND ()TILERS N. I.ILATII AND OTIILItS.

This was a case of considerable interest. Mr.
Charles Heath (then residing at \VLetston,) wrote, in
the month of January, 1818, to his proctor in town,
requesting he would come down to bis nctis:., in or-
der to receive instructions for m:_king
.I!is v.-;1; hat

atat gentleman being prevented by indisposition, de-
puted his clerk to represent him. The facts which
occurred on that occasion with considerable accuracy
and clearness in a deposition which was read to the
Court, from which it appeared that the deponent, a
Mr. Thompson, on arriving at the house of Mr.
:Heath, found hint awaiting his art-4.z% and sitting'
at a able covered with leases, bonds, policies of i
surance, and a variety of papers necessary for the
dispositions about to be made by the testator ; he pro. 7
ceeded to prepare a draft of. a will according to the
,directions of the deceased, and when completed, read,
,it over to him carefully, clause by clause. The de-
ponent state t, that the testator appeared to be aged
and infirm, but perfect 7 aware of the nature and
importance of the will he had made, and that he
considered his crpacity fully equal to the act ho was
engaged upon. The deceased• expressed his entire
approbation of the draught. Tne funded property
bequeathed by him, amounted to about £16,000,
per cent. Consols, and Impe:i tl Annuities. After
leaving the interest of3ooo.pound stock to each of
his three daughters, and his son Edward, the princi-
pal of which was to revert to certain grandchildren,
lie declared, that, " as he had not fully made up
his mind as to the disposition of his freehold and
copvhold property, be should not devise the same un•
til he had more maturely considered the subject ;"'
but that " as to all the rest, residue, aad remainder
of his personal estate, he gave, devised, and be-
queithed the same unto his son, William Heati:."—
Deponent represented to him, that in the event of.
his dying before completing the disposition aided
to, the said William Heath would possess the whole;
of his freehold, copyhold, end person tl property ;
to which the deceased replied, that he was aware of
that ; observing, that as William was his eldest son,
and had large a family, he had the greatest claim
upon him. Finally, he made arrangements to come
to town very shortly, in order to give directions for
the disposition of his leasehold and other property,
and to complete his will, but in the interim he died,
without having execated any other testamentary pa-
per than the one in question.
The Counsel for Edward Heath, tl.a son of the
testator, contended that in the exceptive clause, after
the words " Freehold" and " Cnpyliold," it was the
intention of the deceased to have inserted the words
and Leasehold ;" and prayed that the Court would
decree the admission cf them accordingly, by which
the children would come into the distribution of his
leasehold estates : the case of Forster against Puke-
ney, in 1810, he maintained, bore strongly in favour
of such admission, and, on its decision a property was
pending of £600,000; yet there the Court held that
an alteration of a will might be permitted, although
contrary to the written intention of the testator..._
The Counsel on the other side insisted on the validity
of a paper, which there was the strongest evidence to
prove had been dictated by a man in a sound and
disposing state of mind ; and argued that from the
whole tenour of the deposition which bad. been read
to the Court, it was clearly proved, that he not only
knew the nature of the dispositions which be had
made, but that Mr. Thompson bad explained to him
the consequences of his death, as related to the resl-
duary legacy, if he should die before making any
different or more complete bequest of the property

included in the exceptive clause. They commented
also on the manifest injustice of setting aside the
declared and written testament of the deceased, in
favour of his presumed intentions ; which, he con•
tended, would be the effect of admitting the insertion
of two words, that there was no evidence of its ever
having been the testator's intention to supply ; and
he submitted to the consideration of the Court, that
great danger would arise from the establishment of
so mischievous a precedent.
The Judge, after recapitulating some portion of
the evidence, contained in the depositions, declared
his concurrence in the opinion, that much danger
would indeed result from a sentence establishing the
fact of so important an omission as that he was called
upon to remedy in a clear testamentary paper. But
he had no doubt in his own mind of the intentions of
the testator, vfthich were the same, after hearing the
whole evidence, as they would occur to every one, on
a prima flicie view of the case, to be. It was grati-
fying, he observed, to discharge a duty which he felt
to be in unison with those intentions ; and he therefore
decreed that the testamentary paper should be valid.

OLD-BAILEY.
Yesterday Daniel Short and James Markt:mil were
convicted orgrand larceny in breaking into the dwel-
ling house of John Black, and stealing two boxes
Containing a quantity orwearing apparel. The rob-
bery was committed, it was proved, in the night
time, at Enfield.

itoniaining

Tb COMMON SERJEANT, after the verdict had
been pronounced, told the prisoners that it was ex-
tremely fortunate that they had not been indicted for
the, capital offence of burglary. In that case their
lives would probably have been forfeited. lie was
very sorry to say that a very desperate gang had
lately been committing depredations at Enfield, and
he very much feared that the two prisoners at the
bar were a part of it. They might depend upon
being sen: out of the Country ; their characters were
much too bad to allow them to remain here.
John Harris was indicted for stealing an iron axle-
tree and en pair of coach springs, on the 12th of Oc-
,tober, the property or.rohn Atkinson.
The facts of the robbery were clearly proved, Tbc
prosecutor lived near Vincent-square, Westminster.
The day after the property uas stolen, the prisoner
was observed by an officer selling them to a Min of
the name of Ogle, keeping art iron shop in Strutton,
ground, Westminster. The. ()Ricer, accompanied by
an assistant, immediately went into the shop, and
laid hold of the prisoner: At this moment a shrill
whistle was heard, and in an instant a gang of
about thirty or forty persons rushed upon the orlic,-rs,
knocked them down, and rewired t prig:otter. He
was ufterwaris, however, apprehended bit another
thiirge, and taken to I lotsenionger-lane prison. .
la Ur -defence the prisoner.stud, that lie knew no-
tl;in, abcnt the matter. Four witnesses gave him
gx),7l character for honesty. lie was a shoemaker
I by traths, arid_ had worked very hard. at his

• The Jury found the prisoner Guilty without the
smalLe:t hesitation.
Costmom SanssAwr.—Prisoner, such a fellow as
yon are cannot expect mercy. You shall go out of
the country.
The officer stated, that the 1.-lati-ons of the rriconer
very much wishvd that 'le should be transported.

CoMMoN 571t.11: txr.—You see, Gentlemen of the
Jury, what kind of witnesses these were who gave
the prisoner a good character ; the relations them-
selves desire him to be sent out of the country.
Lucy Rice was indicted for wilful and corrupt per-
jury on the trial of Richard Wilkes, at the Old Bailey
July Sessions.
Richard Barclay, the first witness called, stated
that he was the prosecutor against Richard Wilkes,
who had been tried and conv,cted. Witness stated,
that on the 4th of July he VAS at Highbury-barn,
seeing the charity children, on the day the Duke of
Sussex dined there. He was then robbed of his
watch ; and suspecting the prisoner Wilkes, he laid
hold of him, and had him put into the watch-house.
On the trial of Wilkes at the Old Bailey Sessions,
the poisoner at the bar had declared that he (witness)
was drunk at the time. He most solemnly declared
that he was sober, having drank nothing but tea all
that day.
Catherine Barclay, wife to the last witness, was
within a few yards of her husband at Highbury-barn.
She heard him say--a Don't take my watch—leave
my watch." Wilkes was given in charge : her hus-
band was quite scher at the time. The prisoner now
at the bar followed Wilkes all the way from High-
bary-barn to the Half Moon public house. She re-
membered the prisoner being called on the trial of
Wilkes, to give him a character, and she then swore
that her husband- was not able to stand, he was so drunk.

Wifli.im Owen, an officer, proved that he appre-
i'ended Wilkes at Highbury, on the day mentioned.
The prisoner at the bar followed Wilkes wherever he
rent, and waited is the yard of the Old Baley to
give him a character for several days. He heard the
prisoner examined, and she swore that Barclay was
so drunk at Highbury that he could not stand.
Henry Buckler, the short-hand writer to the Court,
was next examined, and send his shoot-hand notes.—
By them it appeared, that the prisoner swore that the
prosecutor appeared to be very much in liquor.—
Being asked by the Court, she said—" Yes, very'
much in liqlor, very much so indeed ; he smelt so,
he walked so, and could hardly stand." She after-
wards said, that 4, Barclay was so drunk,. he did not
know what he was about." She did not know where)
the prisoner Wilkes lived.—The Jury, after a short
consideration, returned.a verdict of—Not Guilty.
Robert Eir:sioZh was also put to the bar charged
with perjury, and Acquitted upon a point of law.

MDRDER AND ROBBERY.—Thursday the body of
a poor man, 72 years of age, was found on-the road,
lying dead, near Ware-bridge, in Herts. It was
taken to a neighbouring public-house, where it was
discoverzcl that a pistol ball had passed quite through
the head, and no pistol being found on the spot, there
is reason to suppose he had loeen robbed and murder-
ed; his breeches pockets were turned inside out, and
no money found upon him. The deceased was ser-
nv to a farmer in the neighbourhood, and had been
in the habit of bringing a waggon load of potatoes
twice a week to Spitalfields market to sell for his
1 master, for a number of years. On the above night
he was on his return with his team, having sold the
potatoes, but fortunately for his master he had not
, been paid for them ;he had only 15s. when left
I the market on his return home.

PRICE
WCW uos.

Kent GI 164 to 71 Os
Sussex SI ISt to 61 ISt
Essex Ol os to 01 Os
Forsign

aio A F
Toni
Ytiic
Vt.:
Cd—

PRICE or TALLOW,
Si. James's Market Ss 10d
Clare Market Os Od
Whitechapel Market Ss 7d
(per stone of Slb)
Yellow Soap, 112s—Mottled, 1
Candles, per doz. 14s

RAW HID]
Best Heifers and Steers (per I Ord
stone) 3a Od to is I'd 1 Mar
Middlings fts 64 to fis 104 Log
Sheepsktos—Polled, Ss Od to 6s Od.
Shearlings, Ss 0d to 6s Od.— La

flick OF LEA
Butts, SO to Stilts each ....»
Ditto, SG to ti6fus cacti
Dressing flides
Fine Coach Hides .......
Crop Hides. 55 to 4011ss rx cutdng
Ditto 45 to
Calf Skins. SO to 40Ibs
Ditto SO to ......
Ditto 70 to bulbs
Small Seals (Grecnktod)
Large ditto Per
Tanned Hone Maki
Spanish horse HMcs

COAL MARKET,
Ships a Market. Ships Enid.
601 litwcw.de 4.ce
70 Sundt Aim!
' 1 Elgin Alin
1 Stone 1

COURSE OF
Amsterdam ll 98.21:.
Ditto at siEbt 11 6

Amsterdam 10 CF.
nisi° at 5i;,ht...:..11 7

Itntterdani... 10 SU.
Antwerp, cr0046 11 11
Ilamlrsirgh 34 2 Sit.
Altuna 34 3 24U.
Paris, 5 day's date 24 C S Zi.•
Ditto .. 24 70 2U:
Bourdeaun du. CS
Fi ankfort •

AlAim ...... 1421ex-rno.
A(adri 1, effe..tive Au •

Fatiih tifect 4O

Darceluca

PRICES OF GOLD
Portu7.ll Gal in Coin, per on
Forel Gold In Lan
New booblemene
New Dollorer. .... •
Silver in Bus ....»».....»
New Louis en&