Star.
London, England, 1829-05-27 00:00:00

THE ARMY.

The Colonel of the Beeman of Royal Horse Guards ha. laud
orders for the bead of the above regiment to attend Lessingtos
Gardens every Tuesday and Friday during the prverot swoon. Yes..
tacky the band tool their station near the P.l ice. and °outlawed
playing favourite airs front four to Ns o'clock in the afternoon, to
the extreme gratification of the numerous sintenim who were en-
lowing the delightful promenade.
kalloOftluX of TUB Marna Starr.--Ie conformity with the
regulations alladed to by Sir Hauer Haasomem. fa the House of
Gammas. to reduce the Maids Stet. a Beard of the
Commissioners of a Hospital was held this day. for the put
pose of awarding pensions to Psrosansin Sergeants Oche Mersin
apostles in England. according w their services; the number of
whom. amounts to 1.400.

Tama TM$ statearei CMSIIIt/CLI4 war SG.
This day the Ira division of the Seth depot, consmanded by
Cartels WiLtanonso, arrived here from Lanford. en a rouse to
replace the 11th depot at Cork. The route of the depot is shoo mgh
Ballyesalon. Addams, Plebe... Bier. Burreakette. Nana", Melee,
Limerick, Brut. Charieville. Fenno,. and Cork. The de=
lists of two companies, two Captains, two Lioulesants, two
els Serpents. fore Corporals, and eighty-two privates.
The bead quarters of the 9Sd Highlanders arrived at lilkeeny
Os the likh battens, under the convened of Liesteeset Camel
111•Dostaus, frees Forestay. Oa their march they met a division et
the Scotch Greys, on their route to Coe!. In pawing. hot* regi-
ments struck up &neck airs, and when opposite the colours they
eautually gave three cheer., frees the recollection of their combined
and gallant charge at Waterloo.
The beadiaartere 9141 Highlanders are new ander the command
of linauseassa-Colottel Al•Denald, at Kilkenoy. tßiletre at head.
jaartero—Major Winchester. Major Kase ; Cassius
Forbes, Winced'. Tkurold, George 111`Donald, and Campbell;
Lieutenants Sl' Weald, Buckley, Bayley, Sawbridge, his Cons..,
ming. Sutherland. M9durdo. Gordon, Philips; Ensigns Mg,
°sleety. Pringle, Onweby, Lockhart Campbell; Paymaster Menet.
jam, and Ur. Aotiersoa. At Atby. Captain Neel, Lieutenant
Gorse. Mateigo Morrison. awl company. At Alerybutoosh. Capt.
Stewart, Lieutenant Hullo, and canipany. At Carlow, Captain
Devotes', Lieutenant klackreS, Ensign Loft, and company.
The lead-quavers or the 75th Regimes/J. metier lJesstetwat-Col.
England, are now lard at Galway—they farm s very Soo body of
men.

The head quarter. of the 17th Regiment, tinder Calomel Maclaine
have married into Rochdale.

The inn division at the lit of King's Drage= Guards has ar-
lrived at Lialikuobe, to replete the 3.1 Light Dragraiot.
The First Division of that gallant naps, the 17th Lanters,quar.
toted ib Dundalk for the law twelve nso tbs. snatched ins 'Fisilay
for Dublin. They are to be replaced by the ath linttiabilka
Dranoens.from
The Scotch Greys. just arrived in Cock front Dublin. were in.
eted on Wednesday. at Udlinculig, by Wales Geuered Ws G.

NAVAL INTELLIGENCE.

Wow Assn= TaissDay—Diiblia I—Waterford 1-Fraete I

liambergh I—Jansalsa I.

The Janet, &nekton, of sod from Hall, fooodeied of Censer
so Monday--crew saved.

The Noitingbant. Way, and the Providence. Bolt, trees Wey.
mouth. were driven eo ewe on Monday night near Portland, bet
expected to be got of.
bleosees.sr. Mae 26..—A amp-rigged vessel sank en Hasbro'
land oa she g3d Instant. On one of the Gads taken from the wreck
S. tharbuck. Gravesend."

Mw Wind 247.16—Throughout last night sad ibis
day It continued a gale. The Mary. ilootlisesitiab. has gone, it is
supposed. for Portsmouth, with low of anchor and cable. Tbe
Mitchinson. from Demerara. was applied wish an awing mad
cable yesterday, and remain. The two gam India yachts remain
one of them bus driven coasidetahly. Several pints of wreck are
floating pad t we lager some foreign gaWet, from their appearance,
may have liven lust. The gale, however. has somewhat abated
this evening.

POILTSAIOUTS, Maw It—Wind N. N. IL to E. N. L—Arrived the
Eden, Mader. from Jamaica; Ealing Grove. Falconer, from Do-
etialea ; and Anthony. —, front Mauritius; she hle Mipety's
brig Onyz. from Coruna&
Mar id.— Wind N.—Arrived the Breton, Town•
send. and Britannia, Ruby. front Messina.
Faiscoevit. Mae 115. Wind N.—Arrived the Frolic packet,
from Cartkagena—salted 14 April. from Jamaica 14th. and front
Crooked Island 14th; also the Nimble. Hutchinson, frost Seville.
Sailed the Shaine packet. for Rio Janeiro and Boum Ayres.
Cowes. May ft—Arrived the Huskissoo. from Rio
aeiro—sailed 17th February.
LrrearotsL, MAY 14 —Arrived the Splendid, M'Pherson, from
New Orleans; Cur, Rowell, from Savannah; New York, Ben.
nen, frost New York ; Thomas. M'Cready, from St. John's. N. B
Julia and Zr.., from Terceira; Dash, Craig, and Traveller—,
from Trieste; lileastor, irons Alezandria ; Via° ;Orel&
from Marseilles ; from liarbadoes ; and Rosebaak
Boyd, from Charleston.
Mar Ma—Arrived the Saguenay, Conwithig, from Mime Video,
sailed 14th March; and Aids!, —, from Alnandria.

There is no truth in the statement which appeared in
a Morning Piper of the arrival of dispatches at the India
House. announcing the death of Lord Wu. Bairrocit,
Governor-General of India. The latest accounts are
horn Calcutta. through France, dated January 29. His
Lordship was then at Moorshedabad, and his health
had considerably improved.
His MAJMITY will give a grand dinner to a nnosereas
party to-marrow, at his Palace in St. James's. The same awning
• Bail will be gives to the juvenile branches of the Nobility and
Gentry.
The Duchess of CLAMMIER. the Duchess of SAXE-
Wasms, sad the Prises and Primes' of Sass. Wensaa, Asked the
Princess AMMO yesterday months', at her reddened in the PJee's
Palace. St. James's. The whole party afterwards protiesded us Me
Adult Orphan's Concert, at the Zing's Concert Ihismaj li
UsaaNgtol_
Prince .L&OPOLD entertained the Duke of NLEASH{
and the Duke de CHARTILIS at dinner OD Sunday, at Maiihomugh
Home, Pall-man. There were mien to meet Weir
the Ltd Chancellor and Lady Lyadhunt„ the Dohs etlitemaing:
tea Earl Grey, VINDOOD Melville, Lord HIS, Last and Lady
Durham, Mr. Secretary and Mrs. Peet, the Mugger el the BY
defer, and Sk Gawp Murray.

- —f.-GBAND iffattarsa. _ _
There wuri-gtand teview 'an tl,di Park this day
in honour of illustrious visitors, the Doke** 011LiAell,
and the Duke de Camara's. His Grace the puke of
Wst.ttnessott commanded on the occasion.diegiband
being kept by a detachment of the Lift...Go ,rd.. That
the effect of this graild miliiert display might be as
perfect and imposing as possible, the 10 13 and 15th
Regiments of Hussars were ordered to town from
Hounslow and liiighton; and, quite a hovel thing in
ewe reviews, these Cavalry Regiments went through a
number of evolutions. The following fine regiments
were upon the spots—The Ist and 2d Battalions of
Grenadier Guards; the Ist Battalion of the Foot-
Guards; the Ist Regiment of Lite-Guards; the Royal
Horse-Goaid-, Blues; and t'ir 10 b and 15th Rep.
meats of Hussars. The weather being fine, and every
thing conspiring to render the scene interesting, a vast.
concourse of spectator. seer, attracted to the ground.
CHELIMIRTATNIAT2S.
•
At the present moment, this place may be held in
point of fashion, as " the West-end" of your City in
miniature. At the Wells, in the mornings, these are
crowd. of persons, from east, west, no and meth, and
among them a select number of the highest fashion:—
The weather is delightful, the scenery highly beaniitsil;
the hotels are brushed up; and all things Keen .ad-
asinisier to the pleasure and comfort of the visitori. At
face o'clock, it in the High-strei.t,one a,irhreasily fancy
himself in-Bono-street, the splendid equipages and the
genteel pedestrians bring so numerous. There are fresh
arrivals almost tinny hour. To.day, we have Lord
Somers, and Lord and Lady Farnham, Mr. R 4e Wilson.
the Bastion traveller, hi( Morris Xsmines, Colonel and
Mrs. Allen, Doctor Dyer and Lady, and many more
whom it is out of the question for me to attempt enu-,
mowing. The Duke of Wellington is shortly expected.
The Libraries are at 'resent the fashionable Ilunge of'
the dilletanii ; but as the Theatre coon opens: it will, of
course, prove the high place of mart. &mon, as
usual, shows his politeness to 'arty one.
To-day the mire's bate been thronged almost to
stifling.-..0r as the new law for Scotland call. it—
srnothesing," by the attraction of a Calidonian piper
—supposed to be Captain Barclay, of walking Noe. in
disguise. lie wears a coarse slate.coloured coat, fist
bonnet tied under his chin, and a pair of green spec-
tacles. Ile studiously avoids the gaze and scrutiny of
the innl itude, by turning away his held when one
wishes to look into his lace. Tue crowd was so great,
when he appeared to play his Scottish airs in the High.
street to.day, that he was obliged to give up piling,
and make a bolt into the Crown Inn. The crowd re-
mained a long time its expectation of his re-appearance;
bur, being a high tel lie disappointed them all. His
object is oupp• bed not to he instrenrental in amusing the
pebhc tee nothing ; for however little or snitch he may
obtain in his peregrination-. some one viii have r• to
pay the piper" in the end. In other words, according
to that infallible oracle, the gossip of the day, the frolic
is gone into for a bet of 5001. and that he will beg and
play throughout the country for a certain length of
time, together with defraying the expense of his main-
tenance. Here, he is certainly contriving to play a
good tine; and will probably soon betake hims•it with
his motes to London in the meantime, as there are
many sharps on the toad, it is to be hoped he sill keep
awe. so that he may mit in the end prove molt
The Loudon Paper. have, of late, been mating met,.
lion of many children at a birth. Here the thing is
dirtied wi h a turefi hand. A few miles distant. there
ate-four fine chldren, blunt at one time. all in good
health, and now like y to do well, for they' are kit years
f age. At an iher period-their joint mother hat/ e,
and at a thi.d tubs children. each tone—being nine
children at Otte period. only. The hour femaiesi' first
melitioned. at ose birth, all alive. of .good constitu-
tions. and of such mature age, will perhaps he hound
to be one of the retest tongs of the kin&in this m ai.y
other cousitiy.

:

•
We do not trouble ouisrlves much with politics in
hese pats. I may mention, however, that our cutretit
belief and hope is, that the British Cabinet well forth.
with intimate to the ambitious Autocrat of the N sish,
int his proceeds, as againit the Ottoman Porte can no
losi...er he tulesaied. h wi.uld be but right to.check
the groping views of the Emperor. He has enoogls—
mix .h .n enough—of this wurlu's sottace; and he
should nut be permitted to extend his
mistime. any
tuither.
f We have good reason to brow that the piper here spoken .fir
ad Captain Rama-ay. If our Correepoodent had told ti, hi. in. be.. '
wig think we could name the osam.—flue most likely the whole
Mks is a piece of store gossip. That there is w Piper, there is sou
doubt, and be is tight to let people speculate on his rank,— Ed.
D'spatches were recessed yesterday at the Foseitin '
Olie, from the Him. R. Gamma. dated Naples:the 14:11 Marmot.
They only state that our Minister was tormbark On the NI Ph. on
board the Revenge man of war. for Smyrn a. and that the French •
Ambassador, Coast Gusiutianive, would embark the same slay on
'board a marl of his nation Mr the same place.
• Viscount PgDaA BIANCA the late Minister ftorn the
Emperor of the &Amu so the Court of Prance, has arrived is
tows, hum Pans. The Viscount has been piesentid to the young •
Queen of Poseettat, and bad interviews both on Muoday mid yes.
nutty with :he Duke of OaLICANs.
DAUNT LAMS SSAThi•—The new hi-toeical Play
of the Partisans was repeated here last night, and; w .•
think, with much greater spirit and effect shalt n its
int performance; and the audience die ample j t ize
to the merits of the inimitable representative or Pope.,
lard.
Mr. O'Cossuacz. continued to exercise his privilege •
oirikanking letters teem after the writ for a sew elealoes was baud. Several ihusfrisaked were received lon Dublin on amnia), last, but A. ,
they were all charged fell p•mage. !
Yesto day a Cormier: Inquest was held on the body - •
a Mr, Pick, one of tI e utitoitusidie pet • • who was
eselroyed in the late calamitous fire in the Lmst:oismoti4. Thera
was some allusion made to various unfounded reputes winch were
meant In the neighbourhomi I Au the Coroner directed ,he Jury
So dkiales them from their aha a Theevideoce given by the
isksness was precisely the same as given as lb. termer inquest.
Mr. Sweed, a tobacconist, residing next door to Mr. Peek's. said.
t is about ten nitrates otter the alarm was guy a he WON DINS
,the roof of his boost, and saw Mr. Pack in hi. shirt, who ap.
paired frantic. reclaiming. "save my poor wife and chid.' At
this time smoke was leasing from the trapdoor in volume-. Sir.
lick promoted himself to give evidence, but as he cou.d add
Nothing to his former evidence, the Jut y thought it was quite uni.
necessary to giantism him, and they returned a verdict, " Acci•
de gully burnt to Death."

00111111417cCIUM01, MMAI&—LANE, hay
Our indit wMwady Miss owing to the son-
&mum el Om weedier sod oho hiessuß at our foreign supplies g
Barleyaloadag's prises tom kowayerougglintll kr Ise samples a Oats,
, sad Wheat.

siewavarsoss awe MONDAY.
Wheat, English (qrs.) . I.too Foreign . 1.400 •
Irish • ---- I Gets, ' . 7,400 • '
Foreign . . 1.700 Irish . . MOO •
Barley. &gilds . IWO I Fowl. . . 1.000
UM • • • 4---- I Floor (sacks) • . 3,4.50
COAL MA RIKBT.—Tate AT
As this.
nevem a wry pliostilial 'apply of the various descriptions of
Coal at market wilily. to new ap. laving arrived since Pilanday •
last, making a total a the week's w" of 114 •asiP% The Coot '
. gidIMIPI was oat Debeetottely att-odeA by bores and. the demand
was sot
Wall
sear equal to the soppty.
Beaag et eh .• • M. id. 34.0 J.
Mar sera . . SO. Od. She. et"
Sipa at. Market, 140 j.
i
•

• LAW ME filf, •
•
COURT OF CHANCERY, Wee 911.-
lestszewr V. THI'DUKI naatrealte.
Mr: Bitemea proceeded with his argument; 1w which
be was interrupted by the rising of the Corn; citt:Satiii;
day. and insisted on Mt. Wellesley's right to be present
at the taxation of the costs.
Mr. Swaserou said he appeared fort the Duke if
Beaufort, who had no interest in the matter, and sob-
snitmd to act as the Court should direct.
The LORD C.stancaii.oa said, that two years had
elapsed since this order was made, without Mr. Wel.
kale, having offered to act upon it. His Lordship ,
could not, therefore, understand why be was now so
anxious to go into the Master's office. •
• Mr. Beams replied in order to protest the interests of
the infants.
His Lordship thought their interests would be pro.
tatted by the Guardians when appointed.
Mr. Mamas said the affidavits raised a presumption
that the money bad been misapplied. sad it was there-
fore necessary that the costs should be taxed, in-order
to see what payments made to the witnesses were to be
charged against the estate.
Has Loaos*ir observed that Mr. Wellesley had made
no affidavit.
Mr. Beattie said, the same course had bees perused
by the Misses Long, who had sot thought fit to make
affidavits. The •Sdavit of. Mr. Wellesley's solicitor
proved, however, several important facts respecting
payments having been made to the witnesses. The
payments to O'Meara were admitted. and -the reason
for which they were made was apparent from the man-
ner in which that servant talked about "the glorious
cause.' and complained of the inkery which had been
done hint by having had his character traduced. Mrs.
Scott was another instance of the way in which the
Money had been applied ; and it was because he be-
lieved that upon taxation similar discoveries world be
made, that Mr. Wellesley now pressed for that inves-
tigation. . , 1
Mr. Ketone followed as the same side. He first took
an objection that the 'sestet did not, appear, and that
consequently the iafante interests were' onprotected ;
but that being explained by Mr. Stemmas, he proceeded,
to contend that nothing had bees alleged which could
weaker Mr. Wellesley's tight under the former order to
attend the taxation. He alluded to a letter of Mr:
Hutchins 41, the Misses Lange attorney, who, in *letter
' to Mrs. Scott, enclosing her two guineas, reminded her
that 100 i. had Already been advanced. which the Misses
Long would bare to pay out of their pockets, with the;
exception of such part as would be allowed in die tais•
atiod of costr. The letter concluded, with a reams-
mendarim to her " to struggle to Arai, a livelihood"
—a most extraordinary aeggestion. but one which let
some light on the matter. He denied that there was
any wish on Mr. Wellesley's part to get, through the
means of the taxation, a sight of papers be could not
Obtain in any other way. • •
Mr.eSIDWAOTTOU wasaboutOD address the Court OD
be)kallwf Lord Shaftesbury and Mr. &racy, the trustees
uwder the settlement, but was objected to es being too

IC toasts rose to reply. bet,
s. • - • I
Inc LOUD CHAIuCILLOI said besought* fanneets.
oars. He was satisfied there was no necessity for pro.'
ending with the taxation at present, nor that 111..1
Wellesley should attend. When the guardians were.
appointed, they would attend the tacatiun; be therefore
granted the prayer of the petition.

.

Mr. Stfaaan felt obliged, with respect to the iosinia.i
ation that there bad bon some unfair dealing on
past of the Misses Longiwith the within's% to deny k
most unequivocally. ,
His Lordship saw no foitathiSies foe such a chirp
and added, that *tubing had beat proved us ovi
-before him which could in any way prvjoalke the chap
racier of those Ladies. or impeach their conduct ilt this
matter. aAaare 11. uaiau.

The Lain CRAINNILLOR Ottiftlltd the bill is thin mit
to be dismissed generally.
Mr. PaPTS applied for costs, which his Lordship,
refused.
-OOUltr OF X 141071 ',INCH. Weensainsa. Mir en i
&tdojs Is Biota.
The Court took the peremptory paper today, and'
were engaged upon it all the morning. In the case of
a' Doe, es dem. Carthew and others.... Brenton." a long;
discossiOn took place in the early part of the day. on
an incidental point which came on an application .
discharge a rule for suspending the issuing of a wait at
Adger* fides passeacioisein. The Court suggested a*
arrangement between the parties. and they took time
to consider it, but had not agreed at the rising of the
Court.
Tea KING U. WRATH.% CLINK.
Sir JAMBS SOARLITT, with whom was bit. Rogers.
showed cause against aisle obtained in the last term by 1
Mr. Sergeant Merewether, for • criminal information
against the Rev. Thomas Whitely. the vicar of Cook-.
ham, in Berkshire. The Learned Counsel observed, that
the rule bad been obtained out the affidavit of an un-
maniad lady of the name of Wells • Miss Wells, who
was about 74 years of egg, had stated that she was the
owner and occupier of a cottage and garden at Cook
bars, near the vicarage lions, of Mr. Whitely, and that
she claimed to be entitled to a small piece of land ad-.
joining the tonne ind vicarage house;, that Mr.Whate-
ly bad also set up a claim to the land.and that disputes
between them bad in consequence arise° ; that io 1
Idoveinher last, she (Miss Wells) having observed the
breaches of as elder bush. which Mr. Wintery had
pleated in his shrubbery, projecting against a wall
erected by hersend thinking that they scold injure Owl
wall, she bad them cut of; that a few days afterwards,
Mr. Ward, an attorney. called on bet, by desire of
Mr. yishately. with a lettn:from that Geetleman. ap
riaitilltbier that sba bad comasittedaeofisoceenslet the
maws.' Imps, Act, and that he (Mr. Whitely. who
was a Magistrate) should refer the case to the IlFneh of
Magistrates .at 'Maidenhead. where she must attend,l
unless. In order to save herself from a Dahlia gagossrei
die wished him to determine the case himself, which he
bad the power of doing; that having refused to olloW"
Air.' VI barely to decide the case.• she was afterwards
served with a summons requiring her .to. appear " her
tam him (Mr. Whitely), or such other Justices as should
be present at the Bench of Magistrate's at Maidenhead,"
to answer the charge under the Malicious Trespass Act;
that skis then. having been recommended by Mr.'Ward
so compromise the matter, acceded to a suggestion of
his to pay it• the attic:tint of the penalty awarded by the
Malicious Treipass Act, and to put up I fence to is-
roost the piece of land in dispute between her and Mr.
Whitely. This. the teitsidt.loassel observed, was thi
substance ot the cots lasi by this Lady, who
ttrostre
had. sworn that she Am the object of MI.
Whitely in *Wog aw be dose was to dew her
from proceeding wagons her right to the land; and
she stated as an additional facts'lltit it bad been falsely
*hod ill thasaityloeus which )18..ftseth tediiased,
Ilan isfortaation . et die offence cesamittati .b 7 he.
bra bons laid before hits (►Zt. Whitely) as oath. I

The *Maw. it which Mr. Wltately had made in answer
to the" sale stated.. that he (Mr. Whately) bid, foe a
long time past, found that trespasses had been come
mined on his peemises ;nand that his shrubs had been
cwt by somebody. who seemed to be actuated by milt-
cious•tnotives towards him; that having in •November
Ida iscertained that Miss Wells had cut two favourite
elder bushes. and believing that she was the person
whaled from dish-441'60ne injured his other shrubs, he
had requested Mr. Ward to call on her with the Mali•
clout Trespass Act, and to inform bet of the conse-
quences .to which she • had subjected herselt ; that at.
Oomph he had in his letter stated that he would, if
Miss Wells preferred it. determine the case by himself.
he had a* wish to do so ; and as he never sat with the
Bench of Magistrates at Maidenhead to determine cases,
•the party need have been under no apprehension that
'be should have acted in this•instance as a judge in his
OVA CAW. The affidavit further stated, that the corn-
gent which Mr.Whately had made against Miss Wells
kirfated not only to the cutting of the two elder bushes.
but to no less than forty-eight other shrubs, which had
been more or less cut and mangled, wantonly it not
maliciously. and Mr. Whitely had reason to believe
from the information he had received that they bad
Man est by Miss Wells. Tue insertion in the summons
of the words u before me." was a mere inadvertence.
The usual form of the summons under the Malicious
Trespass. Act was " before me or such other Justices
as shall be theta present ;9 and in this case it was
IMAM that Mr. Whitely intended to strike tut, and
thought he had struck out the words o before me,"
before he signed the summons. With respect to the
proposal to Miss Wells to pay five pounds and put up a
fence, that bad originated with as. attorney of the name
of Lee, who had been employed by Miss Wells herself,
to prevent the into nvemee.ce to her of appealing before
the bench of Magistrates at Maidstone. The S. had
been laid out in the purchase of coals for the poor.
Under these circumstances, the Learned Counsel trusted
that the Court would be of opinion that the object of
the party applying for the criminal information in this
ease, was craftily to take advantage of a slip which Mr.
Whately might be supposed to have made is the form
of the summons; and that they would discharge the
role with costs, it being sworn distinctly that he had no
intention of eaercissng his magineeirl authority in his
own cast. and that in what he had done hit bad nut been
influenced by corrupt moives.
Mt. Sergeant Manewxrueit. (with whom was Mr.
Manning), in sUppon of the rule observed, that the dis-
putes between the parties about the piece of ground ad.
raising the vicarage house had nrithing to do with the
question now before the Court. The ground on which
the rule had been obtained,and on which be now sought
to have it made absolute was, that Mr. Whitely had
exercised his Magisterial functions in a case in which
he was personally concerned. and on a charge which be
was unable to substantiate. The provisions of the Mali-
Clops Trespess Act (f and 8 GeolV. c, 30) did .not extend
to the case of a party who, in committing a trespass or
doing anjejory. bad acted under a fair and reasonable
sopposidos that he had a sight to do the act of which
hie accitser tomplained. The trespass. if such it might be
called, in this ease bad been committed by Miss Wells,
not because she wished to assert her right to the piece
of gtoond. but because she conceived that the branches
of the elder trees were. doing an injury to her wall.—
There was no pretence for saying that she had cot the
forty-eight other trees of which mention had been made.
Miss Wells, in making this application, had no vindic-
tive feelis to gratify; her only object was to have the
opinion tithe Court as to the conduct of Mr.Whately;
aid it was for their Lordships now to say, whether that
Gestlentan had or bad not acted properly in issuing the
sommone is a case in which be was personally eon,
earned. and making therein a false statemeat—namely,
that information of the alleged trespass had been gives
before hint on oath.
Lord TANTEADIRW. after a short conference with the
rest, of the Coati (blr. Justice Bayley absent), said the
Court was of opinion that the rule ought to be dia.
charged. Their Lordships could not approve of the
conduct of the lady on whose behalf this application
bad been made. It was admitted that she cut the
two elder trees, and there was reason to suppose that
she had tut the others also; and that this was an
iffiest* under the Malicious Trespass Act, there
cbuld be no doubt. As to the alleged injury dose
to the wall by the elder branches, that was a futile
pretence. If. the/afore, the ease bad rested here, the.
Court would have thought it right to discharge chorale
with costs. There were. however, souse circumstances
which their Lordships could not overlook. M..Whately
being the party complaining of an injury, should DCA
himself have issued the summons, but should have
made his-complaint to another magistrate. and left it to
his discretion as to issuing the summons or not. He
had stated erroneously—though, perhaps not iaten.
tiosally—that information had been • given before him
on with. He had erred therefore, in two particulars;
and although the Conn disapproved very much of the
conduct of the Lady in cutting. and destroying the
shrubs, apparently from vindictive motives, set as Mr,
Whitely had himself committed. an error. their Lord-
ships were of opinion that be ought not to receive his
costs..fte le discharged. •
COURT OP COMMON PLEAS. Mae err.
ZIMAIITT 9.
This was an action upon a policy of insurance, effected
in the Atlas Office by the plaintiff upon the life of a
man named Howse. Howse had resided at Warminster,
until be married a Lady of • considerable fortune, who
was some years older than himself. upon which be went
to resident Bath. At the latter place it appeared that
he was addicted to constant habits et intoxication; but
when at Wanaiastefe, no man could conduct himself
with more steadiness, sobriety, and general propriety.
He ultimately died in a fit of apoplezy. podium' 11
intempetaace. When applied to on the subject of Ids
11 health, he mentioned the same of a physician. who, be
said, had been is the habit of attending him; which,
however, was not Mae, although that Gentleman did
subsequently see acid certify him to be a good life. A
question, therefore, arose as to whether or a t Howse's
"misrepresentation, of which the plaintiff was not proved
to becogninabt, vitiated the claim if the latter I Mr.
Sergeant Merrewether having on a farina day obtained
a role to. show cause why the verdict should sot be set
aside, the ease came on for argument•to-day.
Wit. Justice GAUL'S, before Whom the cause was tried
at the Moises for thecointy of Somerset, having read
over his note' of the trial,
Mr. flergeant WILDS was proceeding to show cause
against the tut., whes-he was intercepted by the Court,
in consequence of the Lord dila Justice being called
elsewhere.
!MOT V. GOUDA. 3" OVARAL
This Will an action brought by the plaintiff to recover
compensation for the less he sustained iq consequence
of the improper. peeper io which. the &tendons, who
are' mouses of the New Jerusalem Chapel, iw ebel
-Waterlob-coed, pulled down the sehapei and proceeded
to Ostia'd it on a deeper fos pdettoe. wheteby the
plalertira houses which adjoined it, was materially'

injured. The 'cake was 'tried ha ors. the last Sarre?
Assizes. before the L. Chief Berea. who left it to the
Jury Way whetheree set the plaintiff bad received eaf•
dcient notice of what the defendants were about to dor
so as to call upou him to take sufficient care of his own
house. and guard against the consequences of the pro.
posed akerannn. The Jury found that the plaintiff had
receised notice of the defendant's intention, but not
sufficient notice of the coosequeoces of the intended
alteiation, and therefore returned a verdict for the pl. in•
tiff. A rule having been obtained,on behalf of the de-
fendants calling on the plaintiff to show cause why the
verdict should not be set aside and a new trial granted,
the case was argued to•day, when their Lordships were
of opinion that the point' raised by the ple4dings had
not been left to the Jury, and therefore there ought to
be a new trial—Rule absolute.