Star.
London, England, 1803-04-20 00:00:00

Cilßi_r, a' Z,CS..):AS

Verierday rt'ilnigl,t, the tniite. of Carlow
menced before the Right
when Thomal Ro:l2e, of 1.,.4g.:1!in
dr iper, Wag pin •` I ;41, leo iuLi i;or..
fetiion fa) Cie n
John lied, Elf. a Niagtitittte for 0,2 Lottr.t;• of
I)ablin, itated, that in confetps-ni.e ut lniei,e in-
form:Joon he went to Carlo,. ai..l Applicti to the
Rev. John Whitty, 4 M tgo.•:.oe fot county.
kilo,‘vi,) tun other Cr..:l:.li.ourli, !!!1):4!;i: .••i
hitrt or. the .1,;,11 ult. to tht: ptio.tier's honk; in
I Olt fearciiitv ti;,/
loot J in .1 g tr t or c•,..t. ht•ti.,...,:tt
e thvor .:!, Icvc!:,l thiplerr...l Ts
for coiri:.?,, Al 6111 denied :my
t.nowledg. bit at'ivr he confellt-d
11.4 t they u:,O for t!a: purp,L: of coining, 411(.1i.x.
plained the tile of tilt: J.J...:re;:t Article. 'rimy
th,at pro.:Lcded to tench 0,-, tp•ri tn oiihe prilbrlCr,
V .10 detired pdi .4} itt.. coat ftr that pur-
-1 otc, Le took mt., I Its the B kbk
lion: pocket, A v. 111,1 i A guinVA 11,1tC.
Nvli;,.:) wt.:re tht.fe Ltd in th,

Nir. Nen amt. It el ;.d, proved
the two ❑otc% to be t•ii-ge:io • and fir a m• it
impartial charge fictni pi i-
roner WAS loinici i;n;h.y. hie wai icntencird t
inipri;oned two gram, to pay a pcnnl!v of 501 and
t•i (land one hum in and up nthe y tv,;ce in
Car;ow, and once in Ltiglihn and, at the
expiration of if:, impritonnicut, to give lei. ni .ty ter
ins gond behaviour.
.

,holm lkylwa was nest put on his trial, for tit-
teting a forged Guinea Note, porpot ting to be a
note of the Governor and Corn:tany t,l the Bank
of Ireland, to a ihOpkeeptr in CAriow. There was
Another count in the indittment, for having forged
notes in hi, poifetlion.
The Jury retired for about half an hour, and re-
turned a vet dia of Not Guilty of uttering—but
Gulty of having the forge-ice in his poifeffion.
l.)rd KILWARDEN then fentenced him to be im.
prifoned two years, and whipped three times thru'
tits town of Carlow.

.I.mr..V.

Several forged Bank of England Notes for 51.
and tool. have been pallid lately in the neighbour.
hood of Christchurch; and a petfon refident there
being ftifpefted to have affilled in circulating them,
the Rev. Mr. WILLIS, of Sopley, iffued warrants
on Thutfday for apprehending him, and for fearch-
ing his houf,:. Three forged Notes were found in
the houle, which the man confelied to have re.
cei red from one Sylvefter, alias Jones, in exchange
fur imuggled gnu ds.
On Saturday there was a meeting of the Credi-
tors of the greet Jew Speatzlor Vao failed about
a month fence. A dividend of deem peace in the
tom: oprears to be all that is likely to be obtained
trom debts th it are owing in the Stock Exchange.
The whole of the failure was 127,00 d. flerling.
COTTON MA NUFACTURII.-.-A mifconceptionhav•
ink nrilen mongit the trade, upon the views of
Mr. HARR')CK s, in the notice he ha% given of the
Motion he intends to ftibmit to Parliament upon
the Cotton Trade ; we have authority to fay, that
' Mr. liOltIl:"CkS has no idea of propofing any new
' tax, his intention being metely to remove the duty
noon the im in station of the rawer/now, and place it
upon the exportation of twill ; the confequence of
which will he, completely to relieve the trade
thi, country, as if the foreigner nutjf have the tty
to make them pay at leallfinar duty for it. Cott=
Ta•ift is exported from this country to the follow;
ing places, viz. Denmark, Ruffin. Sweden,'Prthind,
Prtiffia, Germany, Holland, Flanders, France;
Portugal and Madeira, Spain and Canaries, Italy,
Turkey, States of America, Btitifh Continental
Colonies, and Bgtifh Well Indies. •

A ferinus affray took place near Birmingham,
nn Thurfday morning lull, about one o'clock.—
, The fervants of the Canal Company, undetfland.
ing that tome perfons had opened the valve be.
longing to the Birmingham Canal, which had
been banked and flopped up near the Jundlion
'ridge, for the purpofe of widening the canal,
! and that they were letting the water off, went
down to prevent fuch depredations, and found the
men endeavouring to take the fifh n ith a net. A
violent Buhl: enlited, and Richard Brothers, one
of the Company's fervants, was fo terribly wound.
ed, that lie died in the afternoon ; feveral others
were afro feverely bruited. The Coroner's Joey
fat upon the body on Saturday, and after an .exa-
mination of ten hours, returned a verdict of Wils
ful Murder againfi perfons unknown.
Iwri.usaza.—An infulion• of Ground Ivy has
been recommended as an efficacious remedy for
removing the cough that accompanies this attack,
and for firengthening the habit after it. The plant
will be in flower towards the end of this month,
at which time, after two or three days drying, its
virtues ire fuppofed to be at their height.
liow.sritsar.—Mr. Grate, who was apprehend-
ed on Friday afternoon Inc (hooting at Spencer
Geoige Tnwnfcnd, Efq. was yefterday yearning
put to the bar to be re•examined before Mr. nos o
and fzir W. Pas soms. Mr. Tor:Wend was •attenti•
ed by his Solicii,r, Mr. Simplon, cf the Terii.le,
a-,cl Mr. Grant had the legal Alliance of another
proledional Gentleman. The examine:ion did not
occupy much time. as, on the past of Mr. 'l4iwn..*
fend, Mt. :Simplon apprifed the Magifirates ghat
the whole of the evidence was not collected. lie
was committed 14 farther examination on Tuef-
day next, when all the evidence will be adduced
In the evening Lady Elisabeth Smart attenipt•
ed to bring lore and a charge againll a girl of very
prepoileffing appearance, for having robbed her ,
whilli living with her Asia sir at ami re ; but diver
not being the Inialleti ground for fopporting the
charge. and the gii I living at prefent moll unit'.
peachahly, with a very refpcttabte family, Ilk v..te
difchatged with this humane obfervation from oil
WILLIAM PARA',It Se that after a very patient
minute inveitigation, nothing appeared :17 tins her,
and that therefore (he retired %stilt an un[.,llied
charafter." The girl intereficil every feettatt r. by
her fimpli:ity of behaviour and mudefty trf Je•
111C/1101.1t.

Lila' INTEL LIGRA7:I:.

COURT' OF KING'b APRIL 19.

hEIDNE LORD ELLFNIIONMYGN AND A

SPLCIAL JURY Or NI

want M s. M.EVOY.
Mr. Ma!: s 1 l', who opened the pleadings, Rated
th.t: this was an Aron for money had and received
la: !lie Pl:Multi', ufe.
Mi. Gar ow laid, the Plainiiif, who is an Un
.!erwriter, hid been tinder the neeeffity of. hihinging
this anion, to recover back front the Defendant
the Cum of 20c1. lie had paid under eircomilances
shich he thould (hot tly lime. The Defendant
was formerly a tangent), but was now concerned
in Cane mercantile traufaaions, and had occafion-
ally (hips to infure If he had always been em
gaged in met cantile affairs, it was impaible the
jury would hive bent troubled with this cattle.—
This gentleman had very lately made his appear
ante at Liu) d's ; and it very often happened,
when perthns entered into new profeffions, t hat they
did n.it b:ing along with therm all the regular
knowledge and inbnmation. This Gentleman
found his was to I In) d's about the t ft of
.rnitary
IRO2, in order to infure a brig called the Nautilus,
tor about .45c01. nn thip arid freight. from Dema-
Tara. lie laid, he had a per ton who could be
called as a Wintek in this cafe, hecaule lie did not
underwrite on Lis ow n account. He had no into
tett in this fubjea, and therefore could Is.• called
as a witnefs. The Defendant plow-tied to chi.
peitbn to underwrite 2471 0 She is to fail is ith
convoy, I forrinte P' laid the Under miter. "1-e';
and the lad time I Beard of her the was (ale at
Demarara. That information was the Lift I had,
and was contained in a letter from the Captain."
The Learned Counrel fail, lie charged that the
Defendant fraudulently, knowingly, and wilfully'
concealed a fait which he knew, and found was c.ll
the ladfe importance to the pern with whom he I
was entering into that contrail. On the 3oth and
3 i ft of December. I Soo, this Gentleman had met
Mr. Dunbar, and was talking about the Nati:ibis,
dad tellingliim he was going toinfore her is the clia-
railer ,fagem ti Mr.O'Bt ten, the owner. Mr. Du-
nbar toldhint there was a lettcr iu town,among other
things, dating certain circumflances relative to the
Nautilus ; and that he ought to go to fee that letter.
(informing him at the fame time where it was)
before be entered into any policy. He accordinglt
went to the hoofs where this letter was, and read
it. He afterward, went to Lloyd's, and effeacd
ha infurance, without communicating to the Un-
derwriters a fyllable of that letter, and etre:led his
policy at the current price, which was to guineas
per cent. The perfun who was in poffellion of that
letter attempted alto a policy on the fame brig,
(hewing them the letter which the Defendant had
concealed, but could not effe& it under zo guineas
per cent.
The policy was her put in, and proved, as well 1
as the fubllance of the Learned Counfel's opening.
Mr. Eas Eras, on the part of the Defendant, ob-
Served. that his client was ti tally dinntweited in
this bufinefs. He conceived it was of the greateft
importance to the commercial world that there
fhould be laid down on this fubjea Come cloar,
plain, intelligible principle, by which all men
ought to abide. In the fie, place. he was ready to
mike this an unqualified admiffion, for the benefit
of the commercial world. If a man figned an ad-
lufitnent on a policy of infurance, and in mire-
quence of that, paid the money, he was in the lime
condition as Witt had not paid it ; and if it Ihould
afterwards appear that the money was received
from him tinder fraudulent circumflancts of con-
cealment, he was entitled to bring an anion to
recover back the money which, under thole frau.
dulent circtim fiances had been entrained from him.
A fecond admiffion was this, that if a man received
from his correfpondent abroad inftruaions to make
an infurance, and if he afterwards received more
letters connefted with that infurance, and mixing
themfelves with that rifle, and if he /elated a part
of that cotrefpondence, which he communicated
to the Under writers ; and if that part which
he withheld, even though it Will from ;nu!.
vcrtcnce and negligence, and not from frand-.-if
the part fo withheld contained fometbing fo ma-
terial as, in the opinion of a Jury, would have af-
fated the premium or rifle, the policy, on every
principle of law, ought to be avoided.—A third
propofition, to which he foliated the particular
attention of his Lordfliip and the Gentlemen of
the Jury, Was this :—Suppofe I have a letter,
as in this cafe, from my own correfpondent,
who is the owner of the fhip, fending me in-
firtations to make an infurance. If I have an-
other letter from the fame perfon, or from any
other authentic quarter, to contradict the faits of
the former letter. that ought to be communicated.
—This letter, which the Defendant was charged
with having concealed, was not written by any
pet fon on board that fhip—it was not written to
any perfon here who had any concern in that fhip, •
and for any thing that appeared to the contrary, it
might have h:en fent over to this country for
fraudulent putpoles. If the material parts of this
letter were Falk, he could not be accufed of con-
cealing faits which did not aCtually exact. Arnan
was not bound to communicate to the Under-
writers every idle rumour he heatd circulated in
the world refpeaing his own property. If what
he concealed turned out to be true, the policy was
void, becaufe that was the concealment of a fag.
But the concealment of a thing that was not true
was the concealment of a thintr that did nil csid,
and confequently could not po'irl,ly :die& a poiky
of infurance. The quellion was door, was thereat).'
material fad concealed.? Ile thouttht the pri:i
dole he had lark mentioned was found ; it was in
telligible, and the abiding by it was ctair.tteat wii!.
every principle of ;office.
The Learned Comet called the Captain, to:
the porta& of (hewing, among other tn:ngs, that
the ii.arerial parts "f the letter which the De!in
dant hid tevn, and had not communicated, were
not tote. 1 !e Ciii ,f, ~owever, in that proof.
I. 4.1 E.t.et NBA,' out, obit:reed, that this cafe
h:td turr.:d -.it, he c strt.mely clear. I Cis Lord
Q.. 1) r.i.i tilt I tw tube this, th it if a letter
ennt..ining falls :nat.:lA to the rills offered itfelf to

the view of a man under circurnßanees that entl.l
tied it to credit, and if that letter was concealed by
:iim from the Underwriters, his Lordfhip was of
opinion this aflitin might be maintained. In this
cafe, this letter came from a quarter that entitled it
w belief, and it was believed. Honeti y and good
faith were the whole of the law in moil of rhea cafes.
Verdia for the Plaintiff for 2001. with intereil
from the time the money WAS paid over to the
Defendant.