Star.
London, England, 1828-11-03 00:00:00

.%Istk, &lath Ditto, r•kri-iia
kitslish thus • 14517 KJ Fluor. sacks
Foreign Ditto BAl5° Anivriven ditto, bete. •
MAKKICE. Nov. 3. • •

1,2119
16,4:7
1141

. . CaliTLI AT Al A isblT. • •
3,5116 I Sheep ,23,titte I l'sgs 150 I Calves 160
Serf'. . 'Sr 114 to I. 04 Veal . .4. 11.1 to Ss 44
Manua
'.31 64 4. th I l . . Se 04 Os Od
May per load, All 154: to st 4 4s. Clover JC3 ISt to XS So. Od.
Straw /it Its. to .E 1 104.
1.1V1;1114N)L, Nov. 1.
Coke Ma avel—The infposts 41 Grain 47'cit this day week have
not hien large, our have the local deliveries of Wheat been 'phew
heavy as ssi latet .41n i'araday au advance ul 44. to Ilk» per bushel
...5 Wheat, anj ld. per 451 b. .w Oats, was obtained on the rates at
the rici/0.411 Nat lirday% with a wall sniprostenseed in the vidue of
most nth. r articles, and ato isk demand. The trade has since been
lege active, and mostly confined to the purchases of the Oilers, wbu
have bought eery cautiously ; and at this inerning's market, thanes
the tnipur ten. Were generally km, aukour 4011,creissts remain am
that day, the advance was scarcely sudainitd. (Joe Of Iwo Large
parceh'utturelgu Wheai under lo.k-have iseen sold sines this day
selusight at Dr. 3d. to Va. 6d. per 701 b. but the present bigS average
rendering Ile release highly probable at the lowest rate of duty!.
to Consespotbies Itiattlbilly enhanced in valve, and no ssilern. Parley
ist bowl has eloi attracted speculation ; keno to 3,000 twain bate
'chastest h amh'at 4.. A. to 45.'341. pet tio.b.
Corroe—The import Ibis week is 13 Siff tags, and the Wei ice
16,340 bagel at way fall priests: Thee* are lin bier sdelees front
New Volk Seat thus, of 64th Staymeolver, winds quote the price*
ul Upland. Si to 114,, and l'rensiusgatslienbasse $O4 ; • •
&can. Ate—illett Colonial Prothro market has been stauswilly
dull shin weal. ' B. I'. Sugar, wily 400 Idols. have been silsksitst
of at steady rake% anti'l So bags Alsoritins of SIVa. SOO plsicheops
of Molasses Mtn lieri„aold at 235. 64. to lits.lAmintemidlfitt Mr
Demerara. Awn latie been sear.. piing gtooleMe. 111 beim
Pepper, and in Rice anti ginger. 9tlo pomaceous Aim bin t;
dfiTboof of at 25.3 d. fur cuatmoo 'Leeward:up to 36,0d;* situ
1)r
•
1 assmions—.lVe base eSpiniesseed a very thtft :64,7b1i
of liuttee and piton. are Isom s. Op. lower see 41VS•1111,
Cork's tew sairehave hewn made ; new 4111 AAP ben 11044.,. fOrr
tipsily fur ships' stotts, Irons foie. to 10Ss..pir tiereettailoti
Pork. of fivskilitsg.spolity, lies' been geld at-70.. per Same; print
ouPP43olofirior i neerkilttfost Weed selling /*Pim 465. ti. 504
per cwt. bat these priests lire nut ezpeeted to be supported when
the supplies locreuee. Both Uladdeted and nrkiu Lard races-
' Neely OYU.

... • • .
. . .
LAW iNTELLIGtgat
!COURT OE CpANCRity.....,. I.
.
. ,NEW.V.CLARICIt ' •
•
114 er.e.ii;in in thus itupoit au and long-pendi.. stall
forneJ int she validity It the will ( 1 Mr. Eli Sto,t, it
being contended, that the testator: was of new ur, mina
estllfetisi!V he nrWl: his will. The sie ject was first
discussed in ilie Pielogative tnurt of Can:ethurtr.misi
8.1 John Nichol decided egainstthe validity of the w.lls
Appeal was then made to the Conic of Delegates. and
lice question was again agitated t the lodges toot Woe
to emasider. and. io the end, confirmed the judgment of
B,e ',Com Niches!. The parties then petititn ed the King
en Council for a Chron.ission of Rorie* skids was te-
l.-fled vial,. Laid Chatirellm, that he might advise die
King uptri the subject. Court lbn eat h side wet* heard;
and thy whole merits e f the ease again opened and dis•
cuss-di doting seseral days of Vaborate argninent
The Lotto Cnaseert.Loa. in delivering his :lodgment;
(Asti ved, that a Commission of Review was not a mat.
tt of rittht —it *as an indulgence of the Csown. His '
I.otdship took an elaborate view of the case; and rut
terred tat the judgment of Sir J. Nichol; In respect of
ti e insanity of Mr. Stott, the testator, who cobaldered
that he (Mr. S.) had displayed partial insanity. Said
is L :Ashy. he says ellstinctlr; It .seldom happens that
peewit. insane display insanity with veletence to all tut..
1 acts; st metittses at Weis io only one. snmetimes to more
than one t and all he meat tto say by the phrase " pat.
tial insanity." was, that it was an objection to the am-
piato,inn of unsousidne.l te,nt it mainfested ittell with'
relation to one particular toric;• or . one p.irticulat
Pet silt. For the putPuse of avoiding misappeehension,
Ihehas explained; is distintt terms, what he eteant by
IN
pal teal insassity.. " 1‘ All 1 meant was (Sir J: Nichol
remarks), st at the delusion May exist on one or more
; articular subjects, and, on th.s welly sense the very woods
are employed by Lord Hale." 'I his. I think, i. sulli•
tient t • s now the meaning of the Learned Judgi. and
in this explanation I et.t ?el, concur. I thrtefin a ant
Of o, in on, that on that which appears to me tbctonly
tiling lake a quest on of 1a w, there has not beee-'any
it• rot in the Court below, and consequently that silk'
them is no ground ~f if the Commission of •Rivi •
I say, that I am satisfied with the result. es a.q s..
tHir
ti en or tact. via. that at the time the Will was or de
the testator was in an unsound Rate of mind. . Bill.
though it is not necessary to go Ming)e particulars of`
the evi knee; 1 f el myself called upon, with reference to
Mn. dew, and the testimony as it applies to her and
to her character. to say a few words. It islupi.red that
she was dismiseed'from the school of Mr.. ivers, et
Hackney. for indecent and improper Conduct. and
afterwards that she was sent away five another aching
for the same reason. U oder that impression lipois the
mind of Mr. Stott, it is supposed that heniadeldi will.
I must absolve, that on looking minutely int.s the evi•
dente, I do not find will& nt to warrant any imprission
unfavourable to the character Mai. Dew bore at a date
considerably anterior to the dine when she went to
school to Mts Rivers.—(His La rdship hese adverted
especially to the test;mony of Mrs. Rivers, Ms Dew-
means, and Mrs. Desormeanx, on thii subject, and .
eoutinued)—l am very anxious to state, that the isle.
pression •ur .my mind i.. that WI- t passed at Mn.s
Rawer:sac aal bas been mi-taken by Mrs. Desortneattt
as Mrs. Riv r. and Miss Desoreneaut hive no mallet.
titan of it. blis.Desormeaus seem. to me to hale aim.
founded what passed at Mrs.Engli•h's school, when Miss
IStott was only IS years old. Mrs. English mei*
says that she was found using some indelicate amoeba
ito her schoollellnws, but she adds that it was * very
Itrifing affair. Nevertheless—(l ere his Lordship was
,deeply affected, and paused for a few seconds)—it has
been made the foundation •of the grossest a tacks opus
sitar character, which filled me with giiet at the time,
but I admit, under the circumstance-, the Learned
Counsel Were justified in blinging it forward. 1 tepee,
that these was art error in point of law, and accbrding
to she best view I have been able to take of the. Am
dence,l think I can go so far as to Mir. that had I had
to &tide- the qnektion of fact, I should have determined
is conformity with the judgment of Sir John Nichol.
Tneietore it will be my duty to recommend bis Majesty •
not Iti grant.the Commission of Review.
Mr. Suomi eapiessed his'gratificatien at the Manua •
in which Iris Loedship had vindicatel Mrs. Dew from •
the charges against her.
• To wq..ession from. 'the A reinter/ Gesell/1h his
LORDebtl4 said, that he gave rio costs against the un-
successlul patty in this proceeding, as it was brought on
by Memorial t a the King in Coun.-4. •
COURT OP KING'S BESCII, %enslavers% Nov. I.
•• • la the case of SMITII v. Joust, reposted in oar
P/1 era (Saturday. we stated that the Jury, when felt
Paper went topless, had nit issoirned a verde,. They
remained in con•uaation tall fiat o'Clock 'on Saturday
etteenooo,-when Viey remined a vet &et II r defendant.
. - PATTIioN v. JOlltt.
Mr. DENMAN (with whom was Mr. PLATT) stand,
that this was sin action brought for compensation in de.
usages for alibel which, as the plaintiff dinged, the
cla tendert had published against his chit octet.
Tote plaintiff was x man of humble station in life, and
had been bu ler to Mr. Jones in 182.5. The defendant
was an officer of this Conti. and well known ai the
Niue-hal of the King's Bench Prison; the plaintiff had
heen in his see vice as butler fora yeaa, and had been dis-
n.i.sed is AP. i'; 1b26. with every arrearange a if rod
iss sasisr Oil the patt*ti Mr. liiieb.. Toe def adjutt.had
occupied a house on Puma y Heath, and pont that • had
'moved. in the end of 1825 or beginning of 1826, to a
to use in Putney town, and hid some disputeabout the
c.rniture of one . f the ba nses With a Mr. Mornay,
an American Gentleman, oho also te.ided at Fumy.
When the plaintiff was disti.i-sed fawn the service of
Mi. Jong* be applied for h situation in the house at
Mn. Mornay, oh i was then its want of a butlee, and
'elated hint to Mt. Jones 1 at hiecharacter. Mr. Mornay,
however, did not apply imitiethately to Ms. J .nes, pro-
',ably on account of the little disputes between them ;
wad if a Gentleman tine to takes servant into his em•
; laymen' witha ut apPlyidg to his former smote for a
character he had a right to do so. But Me. Jodie
thought proper to volunteer a chatacter, and atter&
ingly, on die 28th of April, 1826. he wrote'to 'Gabler.,
tie', stating. that as he ern ii f lined that Mt. iMbrnay
had an intention to take into his service the plaintiff,
whom be had dismissed for misconduct, be cottidaot
justify himself in-tecommending to Mr. Mornay toes.
gage hint, and that he was rather surpiised that Mr.6l.
ahad not sent to him to inquire into his' character,
Mlle
oaf Mr
observe. ibat ad ueiticia. bad been
asked of Mrr.loaes. The amsegiencqe of this was,That
Mr. Moo nay'doillnet engage the plaintiff; that be had
men out of place tot two years, living on the indostry
71 hiceofe,and that he was ruined; and he had brought
,abis accents to endeivoor, by the verdict of a Jury, to
retrieve his character; The defendant had put no pea.
iitAtioll on the ticard,and only pleaded the.geneial issues
a•!;tlettaitassi Gitritilsired the bead *ramie,. tbeate-
andatit tolhe letters. . . •
The letters were thin read, aod were as. follows •
04 Stu—iiashis been informed dist you bad en Wands, et Mktg
my Wu into your sense, I red it Incumbent apes rase, sea

-

\,

~i

neighbour, to inform you that I have just discharged him for mis-
conduct, and that I cannot feel myself justified in recommending
It to yen to engage him. I have been ratbtr surprised that you
have not applied to me rot his character; but I shall not think any
more about k.—l am, Sir, your obedient servant, WM. JON. ES.
" have no hesitation in informing you that I discharged my
butler not only on acount of drunkenness and absence from Ms duty
is my bow*, but qn account of my hiving great reason to believe
that be bad made free with* treat deal of my wines, &e. in which
I found a 'very great deficiency. upon an examination with the
cellannan who packed it up to be brought down to Putney, who
took a regular account of It, which I have got. Pattison had the
audacity to open all those packages without any authority from me;
and he acknowledged that fact yesterday before witnesses. when he
was so numerous of his misconduct, that he said be would not take
any situation in the neighbourhood of Putney."
Witness Mai examined by Sir J. SCARLZTT—He was
gardener to Mr. Mornay, and had been before in Jones's
service ; he was never drinking late at night with Pat-
tison ; he had been in the house till ten o'clock ; be had
been taking a glass with Pattison between six and ten
o'clock, but drank no wine with him • he had been in
Jones's house on business, and had a glass of ale in the
housekeeper's room; he had draok a glass of wine with
the butler, perhaps more than one, in Mr. Jones's
bou.e; the home Thade wine had got sour and bad, and
he tasted it; it was home made wine, and he might have
tasted some foreign wine he did not drink a bottle
with him, nor a pint, except home made wine, of which
be might have drank a bottle or more; some of it was
soar, and some not; the wine, he understood, had been
given to the butler; lie understand from several people
that be was not to be permitted to come on Mr. Jones's
premites. •
Sir JAMS Sossizol then addressed the Jury for the
defendant, and erased, that as there was some little
diorite between Mr. Jones and Mr. Mornay, Mr. Jones
thought that this was the reason why he had not applied
td him for the plaintiff's character, and therefore he
thought it a neighbourly act to write to Mr. Mornay.
That was tote natural way of aecounting for this act of
Mr. Jones, who could have no reason to injure this man;
and as y the terms of the letter, Mr. Jones was a man
deeply Awned business, often of a nature to cause
= .;;" him gi at anxiety, and therefore the expressions which,
he use; ought not to be very strictly scrutinised.
•-•f Oakwood, at the end of December,lB2s. packed
up lope wine for Mr. Jones, to be removed from Put-
.; any tleath to the home taken by Mr. Jones in Putney
uteri. He canted over the brittle:, and gave the ac-
,
'eon* to the M,arshal. who took it down, and the witness
sped it—(Account lead). There were thirty dozen of
1. • some kinds of Wine, and forty-eight bottles of another
matt. The wine was removed by the plaintiff. In April.l
1626, be and Mr. Jones's son took an account of it,. andl
there was twenty-one dozen less than before. Pattison
whit is the boom, and present now and then while they
• way taking the account. •
*Elizabeth Dyson was in the service of Mr: Jones at
_ • Weems of um ; remembered Mr. Jones being absent
about Christmas in that year ; she saw Pattison in liquor
two or three times when be bad been in the village. and
be was sometinses. Waddled, but very little did it. She
setter saw him very drunk, or unable to do his duty ;
she was DM often is the pantry, and could not say what
the plaintiff did there.
*.--?"`• 14r, flbellison--Was acquainted with Mr. Jones and
Idefeasily, 'tied' knew that the sons had gone abroad;
witness was the medical man attending Mr. Jones's
family; be had attended Pattison about Christmas,
. 1825, trod thought the cause of his complaint was
in-
. teinperance drinking; the question was put to him
by Mrs. Jones at time Wiwi and he gave the same answer
gibe did now. as to the cause of the conaplaiot ; the
slas.vreie occasionally absent.
Mr. DRNMAN, in reply, observed that the real goes-,
• lion was whether Mr. Jones had stated the truth, as be
could prove it, in these letters? Had Mr. Jones done so?
He admitted that a master might make confidential
communications in these cases ; but Mr. Jones had not
proved the allegations in his letters. and the Jury ought,
under such circumstances, to presume malice. As to
. the quantity of the consumption of wine for the family
• there was ne proof, and therefore this 21 dozen of wine
mentioned by their witness, might have been, for any
tiling that appeared, consumed is the family, and there
was no proof whatever that the loss of this wine was
the cause of the plaintiff's discharge.
Lord Tawrasoon summed up the case to the Jury.
and stated that these communications were in law pd.
vileged ; but that, on the other hand. it was expected
that they should be fairly and honestly made. They
would, therefore. consider whether, under all the cir-
cumstances, the cionniunication from Mr. Jones had
been made honestly and fairly, and without any malice
towards the plaintiff ?
The Jury retired, and after being absent about half
an hour. 'returned a verdict for the plaintiff—Damages,
eighty pounds.
COURT OF COMMON PLEAS, Nov. 1.
00113 AND snornen O. GLADITONZ AND °THEN&

Mr. Sergeant Wit.oz and
Mr, _ R RODRICE appeared
for the plaintiffs, and Mr. Sergeant T-ADDY and Mr.
Sergeant Jones for the defendants.
The plaintiffs were the assignees of it Mr. Halliday. a
surgeon in the East India Compartyls. Service, and the
defendants were the assignees of .Messrs. Bridon and
Mackenzie. who had practised as surgeons in this
enentry, and the present action was to recover a sum of
SM. 71. Bd. the value of 4 quantity of tea which Messrs.
Brides aild Mackenzie had taken possession of, by
means of certain bills of lading, which, it was alleged,
they had improperly obtained from Mr. Halliday. The
circumstances of t' e case were simply these—Halliday.
who was indebted to Bridon and Mackenzie, sent to
them from India the bills in question, as a security for
the payment of the claim. Before they used these bills
Halliday returned to this country, and having paid the
- debt for which they had been consigned here, obtained
diem from the consignees. Shortly after wards, finding
they woo not properly epdoesed, be earned them back
to Bridon and Mackenzie. to get the proper indorse-
ments. As soon as Bridon got them into his possession,
he said he bad been advised to retain them, as security
lot a further debt die from Halliday to him, and be
accordingly refused to re-deliver them. After the in-
solvency of these parties the bills were made use of to
obtaii possession of the tea. On the examination of
Bridon, it appeared that be bad retained the bills against
the consent of Halliday, bet that tact did not alOpeat
equally clear from the cross-ezansination of 'Wide,
himself. It was stated, that these parties stood in the
relation et *uncle and nephew to each other. The only
answer set op by the defendants' Counsel was, the im-
probability that one friend and relation should be so
glinted by another.
The Cutts JUSTICZ summed up the case to theJery,
who retired for a short time, snd then returned a ver-
dict for the plaintiffs—Daresaiet 886 i. 7s. Bd.

't

Cardinal bllnseatin.—This snagnifieent Prelate, at the
lessons of his MINT 111111111/13U. beaded mad .' plates lUsd with
A'ar, which hls geestspecketed like aline
ry the convention concluded with Spain. it is re.
ifriled that the Spasidi Gaverameet wets to adrenal 9000101.
al sit claims asade by pit MIK ialferen, sad glebe
y ler the masses of the mouse ; Moot. to be paid stair-
well, till the whole MIMI M diseharpd.