Star.
London, England, 1821-12-05 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, DECEMBER 4.
The LORD CHANCRLLOR, in the course of hearing
Bankrupt Petition, took occasion to notice that he
had been applied to out of Court, relative to the in-
terference of Attornies in the choice of Assignees
under. Commissions. • It had been suggested to him,
that it would be proper to apply to-the Legislature
for an Act of Parliament to make it &lot? for an
Attorney to interfere,' but in his opinion to do that
would be to send more Attoroies to Botany Bay than
the Act of Parliament relative to the county of Nor-
folk had done.
- COURT OF KING'S BENCH, DECEMBER 4.

CHRISTI' V. CLARK&
This was an action of deceit, to recover a compen-
sation- in damages for a loss sustained by the plain-
tiff; in consequence of having given credit for a quan-
tity of African wood, to one-knight, upon the repre-
sentation of the, defendant that he was a person in
solvent circumstances, whereas, in fact, he was at that
time indebted to the defendant in a considerable sum
of money, and had given the defendant a warrant of
attorney, which swept away his property. •
The case went to the Jury, under the Learned
Judge's directions, and they found a verdict for the
plaintiff—Damages £A44.

ADMIRALTY COURT, DECEMBER 4.
TILE DUNDEE.

The hearing of arguments of Council upon the ac-
cident by which the Princess Charlotte Berwick smack
was run down by the Dundee Greenlander, was re-
sumed this day. Dr. JENNER, for the owners of the
Dundee, followed Dr. ADAMS Oil the same side (on a
forager day), in answer to Dr. ARNOLD, who was
heard in support of the claim to damages on the part
of the owners of the Princess. Charlotte.
Dr. ARNOLD replied, observing upon the fact that
the Pi incess Charlotte having been struck on the star-
board side, negatived the facts contended for by his
Learned Friends, that the accident was occasioned by
the smack having ported her helm.
Dr. Lostrisorox, on the same side, observed, that
this was a question of serious consequences• for the
parties for whom he appeared, the value of the pro-
perty lost being no less than £9OOO.
Lord STOWELL concurred with the judgment of
the Trinity Masters, Captains Isaac Robinson and
Stevenson, who were present, in decreeing damages',
against the owners of tl:e Dundee. The amount of
damages was directed to be referred to the Registry
of. lerchants.
COURT OF KING'S BENCH, DECEMOER 3.
DAVIS V. lIINDLLY.

This was an action of deceit, the declaration al-
leging.that one Ford had applied to the plaintiff for
credit in the way of his business, as a cheesemonger,
and that desiring a reference, he referred him to the
defendant, who being asked by the plaintiff whether
Ford was worthy of trust, and paid his bills regu-
larly, and whether he owed hint anything? the de-
fendant repreeented him to be a- person worthy of
trust—that lie paid his bills regularly, and that he
owed him nothing but for two tubs of butter ; where-
upon :he plaintiff, confiding in this, gave Ford credit
for goods considerabie amount, but he turned
eet to he a person unworthy of credit, did not pay
his bills replatly, and, in fact, owed the defendant
upwat ds of .C2OO at the time the reference was given.
The defence set up was, that the plaintiff could
net be deceived by the defendant's representation,
for he ha! gives Ford credit for several sums before
the reference was given to the defendant, and that
be had in:lll4rd of anntber person as to Ford's
solvency before he spoke to the defendant.
The CznEr Jusrice charged the Jury, that they
intm be satisfied that the defendant had made the
representation as to Ford's circumstances fraudulently
and deceitfully. If they should be of opinion that
those were his motives, they must find for the plain-
tiff, but their damages could not exceed £l5O, the
sum which Ford was indebted to the plaintiff; but
they might give any lesser sum that the circum-
stances of the case would warrant.—The Jury found
their verdict for the plaintiff—Damages £121..

COURT OF COMMON PLEAS, DECEMBER 4.
CRIM. CON.-.-PENNINGTON V. LOWS

Mr. Fitkoutiot I'OLLOCK opened the pleadings,
from which this appeared to be an action brought
against the defendant, to recover damages for crimi-
nal conversation with the plaintiff's wife.

Mr. Serjeant Pet.t. stated the case, which was af
ter wards briefly proved by the witnesses.
• John Kilbington deposed to being present at the
marriage.
Mr. Raymond, the Parish Clerk, proved the regis-
try of the marriage.
Lieutenant Franklin, R.N. knew the plaintiff from
his infancy. Nothing could be move happy than the
state in which plaintiff and his wife lived together.
Miss Sarah Rix knew the plaintiff and bis wife;
the former from infancy ; saw them a short time be-
fore the separation, they seemed very happy together.
Mr. Francis Alvan is brother of Mrs. Pennington—
at the time of her marriage she was about 21 ; the
plaintiff appeared about 35. He was carrying on
the business of a coal-merchant. Witness's father
disapproved of the .match ; his father subsequently
forgave them ; believes the • plaintiff was a little em-
barrassed about 1813, but subsequently more so,
perhaps, in 1816. An application wasthen made to
his father for assistance, who refused, except on the
terms of separation. Plaintiff had at that time four
children, the youngest was named Ellen Lowe Pen-
nington. Defendant was a teacher at the school
where the witness was educated—he had partially
discontinued his acquaintance with the defendant
after he left school • but in 1811 or 1812 he met him
accidentally, and then their acquaintance recom-
menced ; a year after which he introduced him to the
plaintiff's house; never saw improper conduct of
plaintiff; has seen him intoxicated but very seldom.
Plaintiff and his wife separated as persons who wished
to came together again ; when they separated, he
brought his sister home to his own house in his
chaise, where she continued for about three or four
.weeks, from whence she removed to a house in Bat.
tersea-fields; she afterwards lived in a house atWood-
ford with her mother; that was about the year 1818;
Cross-examination of this witness was suspended—,
His father dial 10th July, 1818. Plaintiff after that
coatitmerl to live separately from his wife; kaerrof

no ad b? which .the plaintiff had attempted to .live
again with his wife.
'Jan Ditton, lived at Wandsworth ; on the 12th of
August, 1820, "defendant hired apartments at her
house, as a married man ; a week elapsed before he
came, when he brought a Lady, whom he called his
wife, he brought also a child, which he called Ellen;
they passed as man and wife, and slept together.
Mrs. Lowe was cohfined in September at her-house.
Mr. Macdonald attended her, the little girl slept in a
bed by the side.
Cress-ezamined by Mr. Serjeant BOSANQUIT—
Had never seen them In bed, but had carried up water
to them in the morning.
Re-examined by Mr. STORKS—Had carried up
water in the morning, 'the defendant having come
over night and slept there.
Mr. Alexander Macdonald—Knew the defendant;
had attended, in September, 1820, a Lady who.went
by the name of Mrs. Lowe, at a house in Battersea-,
fields. Understood from' Mr. Lowe that the Lady
was his wife; had seen her before, but did not re-
collect where; there was a child with them, called
Ellen ; did not 'remember where he had seen Mrs.
Lowe until about three months after, he met Mr.
Pennington on the Forest. Had known Mr. Penning-
ton in 1814 ; had attended the family then, in the
absence of Mr. Brown, the family doctor.
Mr. Thomas Briggs, Solicitor for the plaintiff, was
called for the purpose of proving the identity of
the defendant.
Mary Warby lived with Mr. Lowe and Mrs. Pen-
nington in the Wandsworth-road, and afterwards at
Thayden Boyse. Mr. Lowe first began to live in the
same house with Mrs. Pennington at the latter place.
He visited her before, while she was residing with
her mother, but more frequently while she was re-
siding
alone inWandsworth-road. At Thayden Boyse
Mr. Lowe lived in the house with Mrs. Pennington,
but he lived there as the friend of Mrs. Pennington.
When she left Thayden Boyse, on 22d August, she
said she was going to Southend, for the benefit of
her health. NVitness left the house herself soon
afterwards.
Close-examined by Mr. Serjeant Vaennaw.—The
three children were with Mrs. Pennington, and the
defendant was there as teacher to the children. She
could not say that the plaintiff knew of their living in
the same house. _ _

_ .....
Mary Hall assisted in the house after last witness
left it. Mrs. Pennington brought an infant child on
her return from Southend.

Mr. Alvan recalled.—Learned the unfortunate cri-
minality of his sister about the end of December,
1820, and immediately made inquiry into it, and in-
formed Mr. Pennington. The children were sent fir,
but Mrs. Pennington refused to give them up. The
children were then living with Mrs. Pennington in
the house at Thayden 13oyse.
Cross-exami?led by Mr. Scrjeaht VAUCuAN.—Did
not know Lowe lived there as teacher; the separation
was in July, 1817 ; was on bad terms with his sister,.
a suit in equity was now existing between them ; did
not know of anything improper in her conduct before
the separation, after that event she lived three weeks
with witness ; the dispute between him and his sister
arose from his having withdrawn her support, on ac-
count of this affair.

The affidavit of the defendant, by which the plain-
tiff had been held to bail for 4:100, the amount of
the maintenance of his four children, was put in
and proved.
Mr. Serjeant VALIGUAN addressed the Jury for
the. defendant.

Lord Chief Justice DALLAS then charged the Jury,
observing, that he wished the question, whether a
husband separated from his wife could maintain this
action? should be brought completely before the
Corot. The amount of damages was for the consi-
deration of the Jury : but he would give leave to the
defendant's Counsel; in the event of the verdict being
for the plaintiff, to move to set it asije on the ground
that the plaintiff and Mrs. Pennington had been sepa-
rated at the time of the adulterous intercourse.

The. Jury retired from the box for about twenty
minutes, and then returned with a verdict fur the
plaintiff—Damages MO.

HATTON-G A RDEN.-.-Nesterda y , r. Gray, a hackney
coachman, appeared to answer the complaint of Miss
Macauley, who stated, that she hired the defendant's
coach from the Surrey Theatre to Chancery-lane, on
Wednesday night; that she had just received four so-
vereigns from Mr. llibdin, which she put loose into
her pocket, and that, on paying the coachman his
fare, she was positive (having no silver about her at
the time) she gave him three of the sovereigns instead
of three shillings. The defendant denied having re-
ceived more than three shillings, and the Magistrate
discharged the complaint, advising Miss Macauley to
summon the defendant in the Court of Requests for
forty shillings.
GUlLMlALL—Yesterday, John Brow, otherwise
Skippy Brow, a drover, was brought up on suspicion
of himsebreaking. It appeared that the house of Mr.
Pownall, of Highgate, having been broken open on
the 4th ult. Wert, one of the Bow-street dismounted
patrol, was called in to examine the premises; but
the only trace of the robber he could find, was the
dirty mark of a footstep on the staircase, evidently
that of a person with a deformed crooked-shaped
foot. Brett cut out a pattern of the mark in paper,
shewed it to his brother officers, and was at length
put on the scent to look after the prisoner, whom he
accordingly apprehended in Smithfield on Monday
afternoon. Brett produced the pattern, which, he
said, exactly corresponded with the prisoner's left
foot. Skippy Brow protested he was entirely inno.
cent, and begged he might be examined in the City,
where he had lived all his life. As the offence was
committed in the County, the Magistrate would not
grant this, and ordered him to Bow-street.
Bow-mum—Yesterday, George Wray, Benjamin
Moss, John otherwise Colonel Barton, Samuel Plivy,.
.larates Farthing, John Watson, John Milliard, George
Delfteld, Wm. Pardoe, Wm. Logan, Wm. Cos, Thomas
Duggan, Wm. Evans, John Carter, James Hawse, and
Fri, pi Jones, were brought up by a party of patrol,
who had apprehended them at a public-house, called
the Sun, in Bedfordbury, under a privy search war.
rant, granted by Sir Ricuann &am; upon informa-
tion that the house in quention was a receptacle foal
thieves. Upon ingniry, the Magistrate found that
the house had somehow or other got into the posses-
sion of a man who hae once bees under sentence of
transpostation, and who was still known to be coal

netted With thieves.—Wray and Eans were recoe:
raised by the officers as men who go about entrapping.
countrymen into the loss of their money at cards, &c.
Moss, Colonel Barton, Hawse, and Jones, were de-
dared, upon the oaths of several officers, to be
reputed thieves. Dudfield was said to be the keeper
of a brothel, and a notorious dealer in forged notes.
These seven 'were committed until they should find
bail, and the remainder were discharged. The land-
lord was told, that he might rely upon having his
license stopped at the next licensing day.
Mary Connor was charged with inciting a mob of
desperadoes to rescue a well-known character flout
the custody of Ellis, the Conductor of the patrol: The
man had been detained and given into custody by
Mr. Wise, a pawnbroker, in St. Giles's, to whom he
had offered a silver snuff-box, of which he gave.no
satisfactory account. On the way to Bow-street, the
officer was surrounded, and the man.rescued from
and the prisoner had been particularly active,
crying " Serve him out r "Don't let him be taken r
&c. She was ordered to find bail.—While this wo-
man was being examined, another, named Catharike
Taylor, presented herself, and, in the most impudent
manner, claimed the snuff-box, which she said she
had employed the rescued man to pledge. The box,
she added, was given to her by a Gentleman. Mr.
Wise, who knew this woman, requested the Magis-
trate to detain her, observing that he had no doubt
she was concerned in stealing the box. Mr. Min-
mutt. ordered her to be detained, and complimented
Mr. Wise upon his vigilance.
Yesterday morning, Davis, a constable, having in-
formation that a well-known character, living in a
court in Tothill-street, was concerned in the recent
robbery of the Dover coach, of a parcel containing
silver to the amount of 1:500, went in search of him,
and met him coming out of the door. He took him
back into the house, and was searching him, when he
suddenly slipped from his grasp and fled, to use the
officer's phrase, " with the speed of a greyhound."—
' Davis followed, but could not overtake him. He then
returned, and found on the premises several parcels of
silver, sixteen sovereigns, some notes, and a variety
of house-breaking implements. He brought away
Mary Anne Jordan, who acknowledged she was
living with the man who escaped. She declined
saying anything, and was remanded.

Thursday the action, at the instance of Lord
ARCHIBALD HAMILTON, against the printers and
publishers of the lately deceased newspaper the
Beacon, for printing a false, calumnious, and abusive
libel on his Lordship, came on to be discussed at
Edinburgh, before Lord I'ITMILLY, when his Lord-
ship sustained the action, and remitted the case to the
Jury Court.

Thursday, a Gentleman and .Lady (the latter very
young) passed through Carlisle " in breathleivhaste,"
for Gretna, where they were made one. The parties
came from the South, and most carefully. concealed
their names; but judging from the very handsome
sum (.C100) which they gave the holy man who per-
formed the ceremony, the fair one is no mean prize.
arlays of horses had been ordered at the different
inns ; and at Penrirh, on Wednesday night, the post-
boys slept in their boots and spurs,that no time might
be lost.

A LA ROE Eet.—A few days since was caught at
name NEB, by Mr. BODDINGTON, a silver eel, mea-
suring nearly a foot in circumference, and one yard
and six inches in length
A Pam TABLE Cow.—A personresiding at Scawby,
atr llrigg, purchased a cow twelve years since, for
which he paid twelve guineas—he kept her twelve
years, and she bore twelve calves, all of which were
carefully reared, and sold; and, what is remarkable,
sold her a few days since !or the same money he at
first gave far her.
In consequence of the mildness of the season, a
yellow-hammer's nest, with three eggs, was found in
the neighbourhood of Alresford, last week.
John Doe was committed last week to Ipswich jail,
for stealing six geese; and a man of the name of
Richard Roe is in custody for receiving them.
Monday se'nnight, John Stoneir, a dyer, at Mat -
chester, while at his work, fellinto a large boiling
cauldron, used in his business—he was quickly taken
out, but imprudently put into cold water: he lan-
guished in great agony for some hours, and then died.
Coronet's verdict—Accidental Death.
Monday se'nnight, a boy, 14 years of age, son of
Mr. T. Houghton, of Preston, met his death in a
most singular manner in a weaving shop. The youth
having found a piece of cord, which he observed had
been lost for some time, playfully put it round his
neck, whilst it was hanging on something above,
when his foot slipping, the cord came in violent con-
tact with his throat, and caused hisdeath.
FATAL ACCIDENT AT LORD DARLINGTON'S SEAT.
—The following is an authentic statement of• a most
awful and melancholy occurrence which took place
at Newton House, the seat of the Earl of DARLING.
Ton, near Bedale, during the violent storm of last
Friday night :—Between three and four o'cloCk on
Saturday morning, the family were alarmed and
called from their beds by a most dreadful crash. 'On
flying to the spot, it was found that the. wind had
blown down a stack of chimnies, which had.fallen on
the roof of the room wherein Miss Rossini., the
niece of the Countess of DARLINGTON slept. The
roof and ceiling having been thus driven down into
the room, chocked the whole up, so that the door
codld not be opened, and no entrance was obtained
until the pannels were broken away, when Miss
Rasseu. was found covered with the materials of the
roof and ceiling; and on removing them, she was
brought out in a lifeless state. Hopes of resuicita-
tion were for some time entertained; every means'
instantly resorted to, and skilful medical aid pro-
cured in a very short space of time; but notwithstand-
ing which all proved fruitless, although every hope
, was not abandoned until nearly twelve o'clock at
noon. It was most wonderful that no mat kbr blow
appeared upon the face or person, but the features
and countenance were most placid and serene, as if
she had passed from sleep to death. Thus departed
from this uncertain and probationary state, this
amiable and interesting young. Lasly—blessed with
the brightest prospects, and in the bloom of life,
being in the 20th year of her age. To add to the
mourners in this sad scene of sorrow, Newton House
was full of visitors at the time ; and it may be some
,consolation to reflect, that ao other person :unlined,
thts slightest injury.

BIRTHS.
On the ad instant, at Bedford IliU, Surrey, the Lady dJ.
Fasset Burnett, Esq. of a son. •
Sunday, in Grosvenor square, Lady Elizabeth Brignve,da
daughter.
Nov. 29, in Dublin, the lady of Captain andel Gap
Stanhope, of a son.