Star.
London, England, 1811-08-03 00:00:00

nevee having been that same voyage before, was to-'
tally unacquainted with the strong current in that -
quarter of the world, but he was totally freed of any SALISBURY, lULY Sl.
voluntary error. This present action was brought to HORRIBLE CAUL—Sat:cud Tucker was indicted, for
recover the loss against the Underwriters. the wilful murder of Ann Tucker, hi, wife, at Brad-
The defence set up was, that the Underwriters had ford, in the county of Wilts. This was a case of the
only insured the ship and cargo to the length of Tar- most atrocious kind. It appeared in evidence, that
ragona, expressly excluding any port to the Northeast tile prisoner, who was originally a we3ver, and has
thereof; whereas she had deviated to the distance of since practised medicine, apd called himself Dow'
thirty-six miles. After bearing the evidence of the Tucker, many mouths since conceived the design of
Captain, murdering his wife, on accouht of the disparity of
Lord ELLENBOROUGH observed, that he did not see ages, she being about 25 years older thin himself.
a colour for the vessel being so far out of the limits That in order to effect her death, he kept her conti.
prescribed by the policy ; and that an entire ignorance nually confined in his house, without alloainy any
of a prevalent current was not excusable, for he ought one to see her, from the first of last January till the
to have been furnished with something to give him day when she died, on the Bth of March last, allaw.
instructions.—Plaintiff nonsuited. ing her only a small quantity of halt-boiled potates,
NONNEN V. KETTTRWELL. and barley bread and a little water. That he lie.
This was an action on a Policy of Insurance from quently left his house for two days together, durieg
Lanscrona, in Sweden, to Wolgas, in Swedish Pome- which she was locked up and without food; and that
rania. The policy was on she Tres Sisters and cargo. her room, by reason of the non-admittance of air, and
Three objections were taken by Mr. Garrow for the . certain offensive things left therein, was nearly suf.
defendant, Ist. That the goods were not put on board ; ticient to create putridity. By this treatment she
at Lanscrona, so as to be covered by the policy, but : became so greatly emaciated as to be unable to move
were put on board at Gottenburgh, bulk not having , out of her bed, during which time he still continued
been broken at Lanscrona, but only a small part pass. ° his ill-treatment, and she was actually starved to
ed over the side of the vessel. 2d. That this policy ! death. The Surgeon stated, that on examining ~he
was illegal, under an order in Council of this Govern- ' corpse, it was literally nothing but skin and bone.
ment, dated 7th January, 1809, by which all inter. , The chief witnesses against the prisoner were people
course in the way of trade was prohibited between of the name of Bytield, who were the deceased's dui-
COURT OF KING'S BENCH, AUG 2.
one port from which British ships were excluded, and dren by a former husband.
another port of the same description. 3d. That 1 The prisoner, in his defence, stated, that his wife
WARINE INSURANCE—WELLSFORD v. TUNNe. though this ship was described as being, along with had a disorder in her bowels, which prevented him
This was an action brought to recover the amount her cargo, the. property of one and the same Swedish from sleeping or associating with her, and that she
oflotal loss of ship and cargo, under the following subject, she was a British prize, captured from the had a voracious appetite which could never be satis-
circumstances : The ship Alfred was bound to Prince Danes, and wanted, at the time of her capture, the ; fied. The Jury found him guilty, and the Judge im-
Edward's Island, in the Gulf of St. Lawrence, and , necessary documents to prove her nationalization, and ' mediately passed upon him the awful sentence of the
insured.by the defendant and others out and home. as such, was condemned by the Prize Court at Dant. , law, and ordered him for execution on -the Friday,
She left England in good condition, and with a pro. sic, into which port she was carried. land his body to he delivered to a surgeonto be dia-
per complement of men, and arrived safely at her des. Lord ELLENBOROUGH was much inclined to be with sected. The prisoner appeared totally void of agita-
*
tination, where her homeward cargo, which consisted
the defendants on the last two points, but agreed to tion during the whole trial, which lasted seven hours.
of timber, was ready for her, but the vessel no sooner reserve a case on the whole three for the opinion of, WORCESTER, AUGUST t. .
reached port than nearly all her hands deserted from the Court.
her ;in short, out of a crew which altogether consis- I At these Assizes, on Monday and Tuesday last,
The Jury accordingly found for the plaintiff, sub-
ted of fifteen persons, only the Captain, two boys, the • ,the risoners were tried and sentenced
following p :
ject to the opinion of the Court on a case embracing , Richard Lane, 36, stealing sheep, the property of 'l'.
boatswain, carpenter, and one seaman remained. In those three points.
this situation they continued from the time of her ar-
rival at Prince Edward's Island, in August 1808, COURT OF PECULIARS, DOCTORS' COMMONS. breaking open the dwelling-house of Nm. Croft, of
until January 1809, when, by the active and zealous SMITH against HEWSON, falsely called SMITH. Shrewley, a labourer, and stealing thereout three LI
endeavours of a Mr. Welsford, a relative to the plain. This was a proceeding at the instance of Mr. Henry notes, three guineas and one 7s. piece in gold, one
tiff, hands were with difficulty obtained from New- Staple Smith, of Croydon, to annul a marriage he shilling, one sixpence, and one fourpenny-piece in sil-
foundland and Halifax. Being in every respect had contracted with Miss Smith, of the same place, ver—condemned. John Hodges, 23, for coursing, with
again well manned and ready for sea, they set sail on the ground of minority and non-consent, the mar. intent to 101 l a deal., in the park of R. B. Charlett,
from the island on the 10th of January, 1809, with riage having been solemnized by licence. i Esq. at Elmley Castle ; and Francis Ricketts,-25, f'.r
very fine weather for the climate, and a very fine It appeared in evidence that Mr. Hewson, the fa- breaking into an out-house, with two others, and steal.
breeze. They left port early in the morning, and the ther of the young lady, was living, and Mr. Smith's ing a quantity of wheat---tranyforted seven year:. Wm.
weather continued perfectly fair and favourable till addresses to his daughter were sanctioned by his ap-
Baylis, stealing five pigs, the property of Wm. Har-
about eleven o'clock at night, when suddenly the probation from a conviction, as he frequently de. tell, Bellbroughton ; Thos. Baylis, 16, stealing four
wind veered, and at last blew a gale from the North dared, of his being an industrious young man, more LI notes and fifteen shillings worth of halfpence, the
East, so that they could not carry a sail. The storm likely to get forward in business than many posses-
property of Messrs. Preece and Lloyd ; and William
continued the whole of the next day, and by the fol- sing greater affluence, and that he should feel happy Parsons, 20, embezzling three guineas, the property
lowing night it became a frightful and tremendous in seeing his daughter so well settled. Mr. Smith of his master, Mr. I'. Baskerville, draper, Worcester
hurricane, which tore away the rudder, and with an accordingly visited the family in the character of an " —imprisoned six month:. • Wm. Yates, 26, taking ard
eddy and tempestuous hurricane drove them, in spite accepted lover, and induced the young lady a short carrying away Edward Smith, .a child of eight years
of all their efforts, among a range of floating ice, time afterwards to consent to a private marriage, of age from Northfield—aereence not -paned. Sixteen
and upon a lee shore, in that inhospitable and dreary pretending that his not yet being in business for him- were acquitted, and three no Bill.
climate, where, with the most astonishing intrepi- self rendered-secrecy for a short time necessary; the
dity, all hands got ashore, but not until some of them father being seized with a paralytic stroke did not
were for ever disabled from earning their bread, by long survive, and the present suit was subsequently,
the inclemency and intenseness of the frost. Even commenced.
the Captain himself, through his desire and praise- Onthepartof Mr•Smithitwascontended,thatthoughi
worthy zeal to save the ship and property, encoun- Mr. Hewson did not object to his addresses, there
tered such fatigue, and suffered so horribly by the was no reason to believe he would have consented to i
frost, that he now lies in the hospital at Halifax, hay-1 the marriage taking place when it did : indeed, the
ing lost every toe upon both his feet, and every fin-, young man not being in business, and many other
ger upon both his hands, a frightful and ever-to-be 1 reasons, afforded sufficient ground to presume a want
lamented spectacle. " of consent, where no direct proof of the reverse was
Mr. Jackson, the broker, proved the insurance. adduced.
Sam Pincher, a one-legged sailor of Dover, prov- On behalf of the lady it was contended, that a
ed all the statement above mentioned, as be went consent must be presumed from the addresses being
out and came home in the vessel. It appeared that I sanctioned, and that this inference was further sup-
when the crew got footing en the -desolate shore ' ported by a variety of declarations appearing in evi.
above described, Sam having but one leg (the other ' dente to have been made by the father, upon a sup- I
being taken off in boarding a Frenchman which was ' position of the probability of such an union, though
carried) his messmates, notwithstanding their own 1 there might not be very conclusive proof of his
sufferings, carried him upon their shoulders, alter-' knowledge of its having actually taken place,
nately relieving each other, until they placed him un- 1 Sir JOHN Niceota. observed, that the legal pre-
der shelter from the dreadful and acute inclemency °I sumption of a case of this nature was always in fa- I
of the weather, and they were all providentially S2V- your of the fact of marriage, and of the requisites of i
ed, though under circumstances of extreme suffering. the law having been complied with, and this pre-
The vessel and cargo were lost, as the crew had . sumption Was not a little strengthened by the suit
scarcely quitted her when she was overwhelmed with not being brought in the present case by the minor, "
ice, and rose no more. who must be the injured party, if any injury there
This was the case on the Fart of the plaintiff, as was, but by the party who had obtained the licence
stated by the Attorney-General, and proved by the for the marriage upon his own perjury ; for it was
witnesses. I not to be supposed but that he was aware of the
Mr. Serjeant BEST, for the defendant, submitted Lady's minority. His coming into Court then, with
some points, the object of which was, that the plain- I a suit grounded upon his own corrupt act, and the
tiff was not entitled to recover. He principally rest- : legal presumption against him, rendered it necessary
ed on the facts, that the vessel was delayed at Prince that the proof of non-consent to be furnished by him
Edward's Island longer than she ought, and being ; should be very strong and conclusive, indeed, almost
detained till the hurricane months and season corn- I amounting to a dissent ; he did not mean to say that
menced, the insurers were therefore not liable ; and a conditional or limited consent might not be given,
he further urged, that the plaintiff ought not to re• or that that consent might not be retracted, but where
cover, because he sailed at a season when r%in was the courtship is encouraged without any limitation or
inevitable. He urged these topics with all that zeal restriction as to the time or other circumstances of the
of which he is master. The first objection, however, marriage, a general consent was to be presumed. In
the Court quickly overruled; and the next, his own this case, the father being dead, could not prove his
witnesses could not substantiate. non-consent, but the brother and others of the family
Verdict for plaintiff, the full amount of his claim. prove the courtship to have been with his sanction,
TATE v. LEVI. and the witnesses who depose to the non-consent seem
This was an action on a policy of insurance upon to mean that it was not directly given with a know.
ledi sf the marriage being about to take place.—

413S1ZES.

me to read the whole Act to understand the meaning
and spirit of these particular clauses. Is it not a
question, whether this agreement be not an agreement
in the words of the Act," for selling chances ?"
Sir S. Ros(mt.,/ still contended, that the construc-
tion put upon the act was erroneous; but independent
of its construction the demurrer must fall to the
ground because it covered too much. They them-
selves had overruled their demurrer by their answer.
Their answer contained. averments, the discovery of
which could not be possibly illegal. The bespeaking
of the tickets wai not illegal—the payment of the five
shillings was not illegal—the admission of the con-
tract to procure the tickets in a conversation with
other persons, was not illegal.
Mr. LOVATT argued on the same side, and particu-
larly insisted on the informality of the demurrer, on
account of its covering too much.
The LORD CHANCELLOR was of the same opinion ;
but said that the over-ruling of it in that view did the
defendant no harm.
Mr. HART made some observations on the asperity
of Sir Samuel Romilly's language in speaking of the
conduct of the defendant. _ _ _

The
1. Loan CHANCELLOR was convinced, that it was
not the penalties of £lOO or £5,1 that the defendant
feared, but the imputation of rogues and vagabond:,
which the law deemed persons to be who carried on
these illegal transactions.—Demurrer over-ruled.

Saturday last, a lad, about fifteen years of age,
was put on shore at Plymouth, from one of his Ma.
jesty's frigates, and sent on to Exeter, and is now in
the county Bridewell. His coming on shore, it it said,
is in consequence of a most extraordinary and affec.
ting narrative, which he relates, viz 66 That he was
forcibly sent on beard a tender, about six years ago,
to prevent his discovering of a murder, committed in
his presence by his master, a Gentleman who then
lived in the neighbourhood of Liverpool, and who
had two daughters, one called Mary, and the other
Betsey ; the latter, a young Lady, of about nineteen
years of age, having absconded a few days, the father,
as he was riding in his carriage one morning, about
half a mile from home, saw her at the window of a
house of ill fame, and immediately descended from
his carriage, conveyed her home, took her into the
stable, bound her hands and feet, and after having -
masked her face, put a halter round her neck and
hung her ; when dead, he covered her with straw
under the manger, where. she remained .till twelve
o'clock at night, when he took her to a well in an ad.
joining meadow, threw her in, and covered her with
earth." The boy relates this account very distinctly,
with every particular of names and places, and says
he is very ready to prove the same to the face of
his master ; he further declares, he has repeatedly
mentioned the circumstance on board the ship, and
has many times written home to his friends, but never
had an answer..
.1. Montgomery, Esq. of Eyrecourt, has surren
dered himself at the county gaol of Galway, to
abide his trial at the next assizes, for the alledged
murder of his wife.
A few days since, Johanah Flanigan, alit:: Leacy,
charged With being a principal person in promoting
the disturbances of the county of Waterford, and
strongly suspected of being concerned in the murder
of Timothy Collins, and family, at Ballygarron, was
committed to gaol.
A few evenings since, a soldier of the Sligo Militia
was attacked near Killanaule, by a ruffian, named
Maher, who was accompanied :oil assisted by a
woman, both of whom knocked him down an,i plun-
dered him of his watch and money. With that na.
tural excess of ferocity that generally finishes the de-
gredatirm of the female character, when once the
bonds of modesty are thoroughly broken, the woman
was urgent with Mahe( to finish their exploits by mur-
dering the soldier. The " compunctious visitings of
nature," however, were fortunately too strong in
Maher, and the poor soldier lives to tell his story.
FEMALE COURAGE.—Yesterday morning, whilst the
family of Mrs. Elizabeth Record, of Mount-street,
Grosvenor-square, were at breakfast in the kitchen,
Mrs. R. was alarmed by footsteps in the parlour
above. Sarah Haim, the servant, being sent sr,
met a man in the passage, who had just lift the par-
lour, and who presented her with a letter, asking if
such a person lived there. The girl had the presence
of mind to look into the parlour, when, missing the
salt-spoons, she returned into the passage as he was
endeavouring to escape, and fastening on him, Eke
a true-bred mastiff, never quitted her hold till assist.
ante was afforded, when the thief was stf ly lodged
in custody. On him were found the lost spoons, to.
gether with a pick-lock and skeleton keys. After iin.
dergoing an examination at Marlborongh-street Poke
°dice, the prisoner was fully committed fur tri.d.

Ige 01 Lge . ag pi .:.
Upou the whole of the evidence, therefore, he das of
opinion, that the presumption of a direct or implied
consent of the father to the marriage was sufficiently
apparent to satisfy the just requisites of the law, and
observed, that if the conduct and character of the
young woman, only 17 years of age, could be judged
of from the letters before the Court, she was well
worthy of the husband's choice, and ought to have re-
ceived diferent treatment from him. The Court
therefore dismissed the suit.

Tuesday last, a son of Mr. Judd, in Terrace-row,
Hampstead-road, was looking Out something he want-
ed from a closet, in which about three pounds weight
of gunpowder were deposited, when the candle set
fire to some of the powder which had been scattered,
and tormed a train, whichcomniunicated to the mass,
and it blew up. The youth, tlthough yet alive, had
his head shattered in a manner which leaves no hope
of recovery, and one of his hands was nearly blown
off. There were three other persons in the room, wLo
were all injured, but particularly a little girl, who was
wounded on the head by a splinter.