Star.
London, England, 1811-06-05 00:00:00

OLD ILILLET, JUNE 4.

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LAW lATELLIGENCIL

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COURT OF EXCHEQUER CHAMFER, JUNE s.
PACHELLOR AND ANOTEIRR 4. DOWCRA.
This was an action on a bill of exchange for €268,
drawn by a person of the•name of Kirby, upon and
accepted by the defendant in favour of the plaintiffs,
made payable by the defendant, the acceptor, at No.
8, West Smithfield, being the place where Mingay
and Co. carried on business as bankers.
The hand-writing of the acceptor, drawer, and in-
dorser to the bill'was proved, but it was shewn for the
defendant that the bill had not bez.a presented for pay-
ment at No. 8, West Smithfield, on the day,it became
clue, nor for nearly a month afterwards. At which
time Mingay and Co. with whom money to meet the
bill when it should fail due had been left by defen-
dants, had become bankrupts. It also appeared
from the evidence 01 Mr. Kirby, the drawer of the
• bill, that the plaintiffs, with whom he kept an ac-
count, on finding the bill in question returned on them,
intimated the same to Kirby, and placed the' amount
to his debt. That they had since struck a balance nn
the account between them. including this bill as an
article of charge against Kirby, in which he had io
far acquiesced as-to overate on the account, as con-
taining a correct balance against him, and to reduce
it from 82,180 to £4OO or £3OO, the'account being
still current.
Mr. DALINCEY contended, that the plaintiffs; must
nonsuited, en two grounds. First, The accep- I
circe of the bill was conditional, and made it incuni-
bent-on the holder, to demand payment. of it, on the
day it became due, at No. 8, West Smithfield, where
funds were lying ready. for i/S payment ; and, 2dly,
it appearing that this bill had been charged against,
and in fact, had been paid by the drawer to these
plaintiffs, who could not be entitled to .recover a se-
cond time on the same debt. • _

Mr. ADROTT, for the plaintiffs, contended that the
addition of a place of paymuut .to the acceptance of i
a bill, did not lim't the universal liabilitv of the ac-
ceptor ; and that .the entry against Kirby in the
banking bn. k, which he kept with.the plaintiffs, was to
►e considered as evidence...not of a sum paid, but of a
NM charged ; 7:na which, being improperly charged,
-Its the drawer was clearly not. liable to pay it, Mr.
Kirby was eati-led, at any time before the final settle-
mem of his balance, to refuse' to. allow.
The LOAD CHIEF &sank conenrred as to the uni.
venal liability of acceptors, notwithstanding the in-
troduction of any particular place of payment, and
was, therefore, in that point decidedly with the plain-
tiff. The latter point, however, he thought one of
gre4t importance, and of considerable doubt.—lle
asoillel, therefore, reserve it for the consideration of
the Court.
A verdict was accordingly taken for the plaintiff,
subject to the opinion of the Court on this latter point.

Araireir Fermat/iv, a Spanish sailor, was charged
with cutting anti maiming Cleare, on the Stith
ult. at Wapping. The prisoner had served on hoard :1
an East India "ess 1, and on his arrival in this coun-
try, being unable to speak English, and in a distres. ;,
sod situation, was sent tot the house appointed by the;
India Con/patsy for the reception of Lascars, where
he remained until the '...!6th ult. It was Olen ele.er I.
-
mined to send' him on board an Indiaman ar Graves-1
end. On his any thither, however, be ec,:::•-d, arias!
returned to the house from whence lie had beentakeit.!
Cleare, who wits one of the servants entreated with the
care of the Lascars, seeing him in the yard, went to-
wards him, with a view to ascertain the cause of his
• return; when he stabbed him in the thigh and arm,
an 4 ran off This fact being distinctly proved, the
pre over was found Guilty—Death.
He was again tried on another indictment, charg-
ing him with a similar offence, committed on the per-
son of R. Day, the same afternoon. In this instance
it appeared, that,having t soaped i from Cleare after his
first offence, he went to the Kettle Drum public-
house, in Denmark..street, whither lie was followed by
Mr. Gold, the -Superintendant of the As}lum, and
Day, another servant; on seeing whom, he instantly
started up, stabbed hint in the abdomen, and rushed
cut of the house, flourishing his knife with the great-
est fury, but soon fell, when the crowd dosed upon
him, and brand his arms. Of this charge he was
also found Guilty—Death.
Armstrong was indicted for stealing three cwt.
of tope from the Sovereign East Indiaman, value £5.
J. Evans, the Sin veyor of the Thames Police, stated,
that on the 17th of May, as he was in his boat off
Blackm:all, he saw the prisoner row away from 'the
Sovereign, and suspecting he had been guilty of some
misconduct, he followed him, and, on coming up
with him, saw him let goa line that he held in his
loind, which he was towing after hint, and to which
"It appeared something was attached. He desired his
than to, put down his boat hook, and at the first trial
a coil of rope was brought up, which the prisoner con-
fessed he had dripped ; two other coils were also
found in his boat, which proved to have been taken
front the Sovereign. In his defence he raid he was
dragging in the River, and found the ropes in question
at the bottom. Guilty—Death.
P. Rowell was also capitally ccavicted, for bur.
glariously entering the house of Ann Taylor, with in-
tent her goods to steal ;as was •
Aaron Solontons, for assaulting J. Cramar on the
highway, and taking from his person a silver watch.
-Ten were convicted of felony, via.
p. Povy, saw Pov.sh, fur stealirg one half guinea.
Eliza Roberts, for stealing a quantity of apparel.
Rebecca Jones, for stealing a pocket-book, containing AIS in
bank notes
. J. Bryan, for stealing three pair of breeches.
W. Cuter, for styaling two sheets. •
Are WUliants, for stealing a watch, a gold seal, sad sow
pound bank note.
W. Aleoelt, for stealing sibs. of cheese.
J. Cronin, for stealing sundry pieces of iron.
• Ann Sects, for stealing two plot pots ; and
T. Bromley, for stealing two saws.
And fifteen were acquitted, viz. •
R. Burkett. Mary Bryant, W. J. Jrfu, ides W. Rtebardson, C.
Crundell, J. lianunerton, Cads. Tenser,. Cash. Smith, J. Pros-
min, P. Fleggerd,Doretby Jacobs, Ann /*Donald, Marl Blue,
Wall, and :Sarah Price.

A tine Bill has been found by the Grind Jury for
the county of Middlesex, against giiers4l-for
escape from the House of Correction, at Clerkenwell,
on the prosecution of Mr. ARM

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itor4L 1N57711,774)N.

IVIIICOAITIPS *SIXTH AND CONCLUDING LECTORS.
Is ;pursuing the subject of the changes taking
place in the solid parts of the surface ot the globe,
Mr. Davy devot .-I the triacipal part of this lecture to
the consideration of the causes and effects of volcanos.
To persons who inhabit countries not liable to these
phenomena, they appear rather as accidents than as
essential eveets in the ceder et things ; but their ex-
tent, their constancy. and their intimate tendency
lead to a very different conclits:on, and shew that they
are even necessary and useful in the great series of the
phenomena of Nature.
Volcanos have been active in all times, and in all
quarters of the globe. A cons:derable part ot Italy,
el Sicily, and of the South of France, is volcanic.—
The Cordilleries of South America, the highest
mountains of .he world, .alretad in these fires, and in
1 Iceland, in the Asiatic Archipelagos, their effects are
constant.
The striking circumstances in all the great volca-
nic eruptions are, said Mr. Davy, great productions
lof elastic matter, by which the ground is shaken and
rent asunder, and earthquakes produced, and the
pouring forth of a fused and ignited mass consisting
of the earths in intimate combination.
Some persons have attempted to account for vol-
canic fires by supposing a central fire in the interior
iof the globe ; but this notion, says Mr. Davy, cannot
well he supported, for heat is communicable, and the
surface in the course of ages would have gained the
same temper:eine.
We can reason only by. analogy, from known con.
Icerning unknown phenomena. Fire on the surface of
the globe it usually a,result of chemical changes, and
it is therefore reasonable to infer that subterraneati fires
depend upon similar causes, and the idea is supported
1 by their cessation, renovation, and varied duration.
./nt what are the agents concerned in these great
aad awful elevations ? The discoveries of Mr. Davy
ve that the earths and alkalies consist of metals
United to oxygene or pure air, and these metals are
highly inflammable, sonic of them so much so as to
burn even in. contact with water. The mean density
of the earth, as determined by Mr. cavendish and Dr.
Maskelyne,.would lead to the conclusion that the in-
terior consists principally of metallic matter, which
may be alloys of the metals of the earths and alkalies
vith the common metals—and such an assumption,
says. Mr. Davy, would offer a ready explanation of
suinerranead heat and volcanic explosions ; for sup.
posing water from the sea or lakes to act upon these
inflammable masses, elastic matters would be rapidly
disengaged, the cut face would be broken, air would
act upon the metals, inflammation would take place,
and the result would be laver, the metals of the earths
comb;ned with oxygene. '
Even a general hypothesis in Geology might be
connected with the same idea. Rocks are decompo.
•srd and degraded by water, assisted by heat and at-
mospheric electricity. Es the operationftsf volcanoes
land is raised and matter new ly consolidated ; and it
is possi:,le to conceive electrical currents in the globe,
by which metallic virater may be separated. from
oxygen..., so as to preserve a perfect equilibrium hie.
tween all the parts of tile system, an order in nature
which may be coaceisTi to be represented by the an-
cient hieroglyphic of lac i'' ceaix rising from her ashes
The rears, nines (1.,: i,ef,l t. orn the consideration of
volcanic fires, rea e to he fnrure order of things, but
cannot with prtlpri-tv i: ~nplied to the formation of
prima-y 211.1 SC.'". 1..1 77 i _ks. As yet no lavas have
bteii tram.l In tit ~4-,.i.i i;-.:Hite or porphyry ; and
010101 .iii. Fri., ~• .t pp!, „if: may interfere, yet this
should rest i ! ,- .-•' ; ~..t mewed by experiments.
The obvious ate.: * . ..Bate effect of volcanic tires
is to increase the ex:ein of the surface of the globe,
and to raise land from the sea, and the soils produced
from the decomposition are generally very fertile.—
Some of the most beautiful of the islands in the Me-
diterranean seem to have been produced in this way;
and the fertile soil of the Neapolitan territory, of the
Aa:)res and of some of the Greek islands, is entirely
volcanic.

Mr. Davy concluded by some observations on the
general harmony and beauty of the laws of the sys-
tem of the globe, attesting the wisdom and power of
the Deity. The evil produced by volcanic eruptions
is transient, the good permanent. The lava which
destroyed Hercutineum has been for 15 centuries a
rich and fertile soil. The ashes which buried Pop.
peia have rendered a great country continually rro.
!ductive. The destruction is small aisd p irtial—the
benefit great and general. In nature nothing must
he judged of in moments, or from its immediate ef-
fects. Her operations are in years and in ages, and
the ultimate tendency the preservation of lite. It is
by events apparently destructive that her powers are re-
novated. By her mostawful and terrible agencies even
tie equilibrium of things is restored—age and decay
Are prevented, end she is preserved in eternal youth.

The following article is sent to us for insertion :
" The landed interest of England has nobly exerted
itself in support of the agricultural interests of the
country, in effecting the rejection of the Bill lately
brought before Parliament for the opt;onal use of
sugar in the distilleries. .Their further exertions,
however, are become more necessary than . ever, we
understand, in consequence of an Act, n•.w before the
House of Lords, which gives so large a draw-back
lupon spirits exported from Ireland to England, as, if
passed into a law, will give such a bounty to the Irish
distillers, as effectually to transfer all the benefit re-
suiting
.to agriculture from the manufacture of spirits
from corn to the sister kingdom, and cause the Eng-
lish market to be entirely supplied with corn-spirits
from Ireland."

'Thursd:►y night, about nine o'clock, a very alarm-
ing fire broke out in Mr. Stead's card manufactory,
at the foot of Leith Walk. It had a most tremen-
dous appearance, illuminating the atmosphere at a
great distance, for upwards of three hours. It com-
pletely destroyed the house, machinery, Etc. but by
the greatest exertions of the military, firemen, dec. it
was very fortunately prevented from extending to the
adjoining houses.

MARRIED.
Monday last, instiat Pinner Church, William Midwinter,
la* Captain in the Honourable the East boils Company's service
OA the &PO EVAlgiOniesto to Aunt rioadoeti dalier bf M.
Thom,.as of PlanerOtess,
On the 27th ult. in the Parish Church of St..AJlett,. Cornwall,
in the presence of a here concourae of people, Mr. Gawp Wide,
said 74, 1144 Mlas Cubed,' Andean,

SALES BY AUCtION.

_ _

Desirable FREEHOLD RESIDENCE, Mee:Acted, Piccadilly.
By Mr ROBINS,
At the adjoining House, Na 24, Davcr•litreet, Piccadilly, on
Monday, June 10, at Twelve, by Order of the Assignees of
Mr. Skase,

ADesirable FREEHOLD ESTATE, comprising
a sitbstantialbrick Dwelling-house, recently thoroughly re-
paired, 2nd in complete order, situate No. 113,`Dover-street, Pic-
cadilly, in the occupation and on lease to ---- Cumming, Esq.
containing on the upper fluor, four bed-rooms and closets; second
storey, two airy betLchambers, dressing-roomt, closets, &c.; first
I floor, two elegant drawing-rooms, communicating by inklinlVl
doors, handsomely finished, and a boudoir; grutird f. or, neat
entrance, dining-room, morning-roam, communicating by 11,11 r.,,,,
dom.., gentleman's dressing-room, water-closet and pas-age room;
lin the hactment, tbuiler's-pantry, Innitek.:eper's room, kitchen.
fitted up, pump of spring water, larder, scullery, wine, coal and
beer cellars, anti other convenienc.es.
I To he viewed by Tickets. Pat Oculars on the PremiNes ; of
Messm flay and Wedd, Solicitors, Cerrard-streetcSoho ; a, Gar-
raway's ; and of Mr. Robins, Warwick-street, Gulden sluv.re,.uf
whom Tickets fur viewing may be had.

•
L. 419 INTELLIGENCJI.
• .
COURT OF EXCHEQUER CHAMBER, JUI
PACHELLOR AND ANOTDRA 4. DOWCRA.
This was an action on a bill of exchange ft
drawn by a person of the.name of Kirby, u
accepted by the defendant in favour of the r
made payable by the defendant, the acceptor
8, West Smithfield, being the place where
and Co. carried on business as bankers.
The hand-writing of the acceptor, drawer
dorser to the bill'was proved, but it was skew
defendant that the bill had not beaa presenter
ment at No. 8, West Smithfield, 'on the day,i
due, nor for nearly a month afterwards.
• time Mingay and Co. with whom money to
bill when it should fall due had been Lett.l
*lints, had become bankrupts. It also
from the evidence of Mr. Kirby, the draw
• bill, that the plaintiffs, with whom he kei
count, on finding the bill in question returned
intimated the same to Kirby, and placed th
to his debt. That they had since struck a
the account between them. including this
article of charge against Kirby, in' which 1
far acquiesced- as-to overate on the acerntre
taining a correct balance against him, and
it from £2,180 to £4OO or £3OO, the'acco
still current.
Mr. DAUNCEY contended, that the plait
lie nonsuited, on two grounds. First, 1
ciree of the bill was conditional, and made
bent-on the holder, to demand payment- of
day it became due, at No. 8, West
funds were lying ready. for i3s payment ;
it appearing that this bill had been charge
and in fact, had been paid by the draws
plaintiffs, who could not be entitled tO.rec
cond time on the SAM! debt. •
Mr. Antall., for the plaintiffs, cnntende
addition of a place of payment •to the ace
a bill, did nit lim't the nniv,ersal.liabilive
eeptor ; and that .the entry against Kit
banking bo. k, which he keptwithahe plain
be considered as evidencr...not of a sum pa:
sum charged ; 7:nid which, being improper]
-Its the drawer was clearly not. liable to
Kitby was entitled, at any time before the
aunt of his balance, to refuse to. allow.
The LOAD CHIEF BAaaN conenrred as
Ejj
venal liability of acceptors, notwithatant
troduction of any particular place of pay
was, therefore, in that point decidedly wit
tiff. The latter point, however, he thou
gre4t importance, and of considerable
iihould, therefore, reserve it for the cons
the Court.
• A verdict was accordingly taken for t
subjeet to the opinion of the Court on this
•••••••••••••••••••...w
•
OLD B.dILET, JUNE 4.
Arasteit Fernandez, a Spanish sailor, si
with cutting and maiming Cleare,
ult. at Wapping. The prisoner had servo
an East India "ess 1, and on his arrival it
try, being unable to speak English, and
sod situation, was sent tot the house appo
India Company for the reception of Las,
he remained until the '...!6th ult. It was
mined to send' him on board an Indiamai
end. On his oisty thither, however, be e'
returned to the house from whence lie hao
Cleare, who *s one of the servants entree
• care of the Lascars, seeing him in the ya
wards him, with a view to ascertain the
retiun; when he stabbed him in the thil
an 4 ran off This fact being distinctly
prisoner was found Guilty—Death.
He was again tried on another indicter
ing him with a similar offence, commute.
son of R. Day, the same afternoon. In
it appeared,that,having t reaped from Clr
first offence, he went to the Kettle D
house, in Denmark.street, whither he was
Mr. Gold, the -Superintendant of the A
Day, another servant; on seeing whom,
started up, stabbed hint in the abdomen,
cut of the house, flourishing his knife wn
est fury, but soon fell, when the crowd
him, and bound his arms. Of this cha
also found Guilty—Death.
J. ifrmstrons was indicted for stealinl
of rope from the Sovereign East Indiama
J. Evans, the Surveyor of the Thames P
that on the 17th of May, as he was in
Blackwall, he saw the prisoner row aw:
Sovereign, and suspecting he had been gt
misconduct, he followed him, and, on
with him, sew him let grail line that hi
hand, which he was towing after him, a
"It appeared something was attached. H
man to, put down his boat hook, and at I
a coil of rope was brought up, which the]
fessed be had dropped ; two other cot.
found in his boat, which proved to have
from the Sovereign. In his defence he
dragging in the River, and found the rope
at the bottom. Guilty—Death.
P. Rowell was also capitally convict
. glitrieusly entering the house of Ann Tay
- tent her goods to steal ;as was •
Aaron Solomon, for assaniting J. Cr
#;
highway, and taking from his person a
Ten were convicted of felony, via.
F. Povy, saw Pov.th, fur stealirg one half gaits
Eliza Roberts, for stealing a quantity of apparel
A Rebecca Jones, for stealing a pocket-book, cm
• bank notes
J. Bryan, for stealing three pair of breeches.
W. Colter, for styaling two sheets.
Are WUliams, for swathes a watch, a sold
pound bank note.
W. Alwelt, for stealing Sibs. of cheese.
J. Cronin, for stealing sundry pleas of iron.
N Ann Seat, for stealing two plot pots ; and
• T. Bromley, for stealing two saws.
And fifteen were acquitted, viz.
R. Burkett. Mary Bryant, W. J. Jeffs, dies W.
Crandell, J. lianunerton, Cub. Tenser,. Cash.
min, P. Eleggard,Doratby Jacobs, Ann IttDons
Wall, and :Sarah Price.
• A true Bill has been found by the Gi
t. the county of Middlesex, against. /64
escape from the House of. Correction, at
on the prosecution of WARM
. • -