Star.
London, England, 1810-11-22 00:00:00

wine, were lost, on Fridays near Penzance. 11- 1=
The Amity, Mzuks, Hull trader, was driven oft
shore on Saturday se'nnight, on the Overfall,-near
Lynn, and went to pieces. The crew, twelve in num-
ber, including Mrs. Mellon and her daughter, took
to the bo :t, and succeeded in gaining the shore near
Snatihant, almost deprived of the use of their limbs...
The Speedwell, VINT, sailed from Donaghadee for
Port Patrick on Thursday.sennight, with about thirty
passengers, black cattle, Etc. When at sea, a gale
tame -from S E. and after, in vain, attempting to
make the harbouh of Larne or Curbendun, they were
driven before the wind along shore. Off the Fir
Head a tremendous sea broke over, drove the-man
from the helm, and washed the Captain and four pas-
sengers overboard. At this critical moment, the ves-
sel making a lurch, the Captain succeeded in regain-
ing are deck, by seizing the rigging. The passengers
*ere seen no more. After this the vessel continued
to drive furiously along shore, and, when opposite the
Smiliery Port, dropped anchor, in hopes of bringing
'ber. up ; but., the gale increasing, it vats expected every
ipoment they would have gone to the lowa, when
four 'fishermen ventured out In a boitt;atsairias 'great
frfficttlty succeeded in towing her into pot*.
: -

LIR' INTELLIGENCE.

COURT OF ARCHES, DOCTQRS' COMMONS, NOV: 21

BEAVER V. BRAVER.

This was a cause of divorce or separation from bed,
board, and mutual cohabitation, promoted on the part
of Mrs. Beaver against her husband, by reason of
cruelty and adultery.. On a former Court day the pro-
ceedings were opened by the Learned Civilians oss the
one side and the` other, when the Court (Sir J9grt
Mcnot.t.) observed it would recommend the parties
to endeavour to compromise the matter. This day,
the cause again came on for hearing, and after enter-
ing. into a part of the evidence, the Court was of opi.
mon the husband ought to be dismissed from the suit,
and accordingly pronounced for the same.

COURT OF KING'S BENCH, NOV. 20.
THE BISHOP OF DERRY.
• The ATTORNEY GENERAL moved this day to make
the rule absolute which had bees obtained against
Messrs. Jenkins, Lynch, and }levies, proprietors of
the. Cambrian Newspaper.
Mr. leant, sheaved cause against the rule. The
pan aph in question, which stated that the Bishop
had long speculating in trade, and was at length
put into the Gazette, appeared in the Cambrian of the
9th of June. There were two grounds of mitigation
in the present case. The first was, that Jenkins was
pot a determined libeller, but was led into misrepre-
.sentation merely by -accident ; the second, that the
anament he had found out his error, be had made ap-
- t *cation to. the Bishop, with every acknowledgment
tr=
.From the mode in which the libel got into
, it was to be hoped the Court would nit
thin n necessary to visit the defendants with the,
' usual strictness of punishment for libel. Jenkins had
for some 'fears past vorrespon'ded with a Member of
the House of Commons, who frequently sent him
paragraphs. On the Bth of June, Jenkins received a
letter, containing the statement in question, with some
others. From such a source, he could not doubt the
authenticity of the information. It was put in the
,paper ,of the 9th ; it remained uncontradicted for
nearly three weeks ; when from some paragraphs in
the Bath and Chester papers, it appeared to be with-
lout foundation. At this time he had received no no-
tice of any prosecution against him ; but with the'
spontaneous honesty which became a respectable and
peaceable man, he inserted a contradiction of the pa-
ragraph, with a suitable apology. On the '22d of
September, it came to his knowledge, that an address
_had been preseNted to the Bishop by the Derry Grand
Jury, assuring him of their respect, and alluding to
I the subject of the libel. This he immediately inser-
ted in his paper. - On the 22d of October Jenkins re-
jceived a letter from Mr. Chambers, of Dublin, the
1 Bishop's Solicitor, from which he had the,first notice
of the prosecution. This letter recommended it to
him to go to London, wait on the Bishop's Solicitor
there, and by throwing himself on the Reverend Pre-
late's clemency, try to avoid if possible the conse-
quences of a criminal action. On this, Jenkins in-
stantly wrote to the Solicitor in London ; but not
feeling satisfied. with merely writing, he came on the
third day after to London, and waited on the Bishop.
He then stated to his Lordship, that he got the para-
graphfrom a Member of Parliament ; but, on his re-
turn home, he recollected that in the anxiety of the
interview, he bad omitted mentioning the name of
the Member. He then immediately went down tc
Bristol, where he had heard that the Member in ques-
tion was, and got under his hand an acknowledgment
of his being the author.
Lord ELLENBOROVVH here interrupted the Leirned
Counsel, and observed, that as the libel was traced to
its source, it would be for the discretion of the prose-
cutor to consider, whether he would proceed with the
present prosecution.' ..
The ATTORNEY GENERAL said, he would take an
opportunity of statiag something on that subject to.
their Lordships hereafter.
Lord ELLENBOROUOII on this said, that no excuse
was furnished for the publisher, by any thing which
had now come out. The Court had merely offered a
suggestion to the prosecutor's discretion.
The Arroaxer GENERAL replied, that all those to-
pics would be attended to in the progress of the busi-
ness. They would all have their weight in due time. 1
Mr. Je.Km wished to know what his Learned
Friend meant by due time ?
MT. ATTORNEY GENERAL.—" I will tell my Lear-
ned Friend in terms which cannot be misunderstood.
Let Mr. Jenkins suffer the rule to be made absolute,
and let judgment go iix de(atilt ' • let us know ..whin
evidence be can furnish for the detection of the au-
thor ; and It will be then foifits to determine otl the

..

coming
printeati•thatisifit‘inif capitals, that he had said,
If aiibel-werecopied verbatim from one paper 'Rat)
arfotherrhe (the ATTORNEY-GENERAL) would be the
last man to press for judgment against the copyist
and that his opinion had been sanctioned by the Court.
In consequence of this 'publication, he had received
letters from several persons, now waiting the sentence
of the law, calling-on-him to. act on his own opinion,
and not bring them up for judgment.
Lord ELLEstioaouon said, it was nor worth while
to refute such an assertion; and, perhaps, if the At-
torney-General enlarged upon the subject, the sarrie
opinion would appear in some paper of the next
day, with the addition, that- had admitted it to be
correct.
The ATTORNEY-GENERAL then repeated the terms
on which Jenkins and the other defendants might ex.
pect clenseity. ' Let them suffer judgment to go by
default. But no stipulation would be entered into.
The defendants were to use their own discretisko; and
the Counsel for the prosecution would be giiided by
all the lenity consistent with justice. He must again
controvert the injurious idea, that the copyist was not
, culpable. There was scarcely a case, in which he did
• not consider the copyist as more profligate and wick.
ed than the original author.
Lord ELLENBOROUGH said, the publication had not
yet been proved a libel. But he recollected an appli,
cation fora similar rule,. in the case of a late. Noble
Lord, (he believed it was Lord Loughborough)
against the 'printer of a paragraph, stating that his
fortune had • been ruined by gambling transaction!.
The Rule was made absolute in that case, and the
Court would not hesistate to make the present Rule
absolute. .
Mr. GARROW 'moved for a similar rule against the
printer of the Morning Herald, and three others for
the same libel in the Morning Herald the 27th of June.
Mr. ABBOT sheaved cause against the rule. The
paragraph had not originated with the Morning He-
rald. Every thing that could be done as an apology
was done. A contradiction of the paragraph ap-
peared on. the 21st of July. Mr. ABBOT then read
the apology, which was very full and very submissive.
This apology might not amount to an excuse, but ap:
plications of this kind were always made to the dis-
cretion Of the Court ; and the Court would in its
wisdom consider whether any deliberate injury was
meant to the prosecutor.
Lord

Why did not the defcn.

dant make some inquiry into the truth of .tlie report
before he printed it ? It would have probabsy saved
him the trouble of the apology r'
The ATTORIOZT•GENERAL said. the stoology had

not the meritsof being original. It was aLso taken
from the Cambrian.
the

Lord ELLENIOROUGH.—.4, There is no excuse in .
apology ; all that can be said, is, alter first calumni-
ating the man; they then nauseate him with flattery."
The rnle made absolute.

Mr. Dmortart moved to make the rule absolute
against the proprietor and printer of the Morning
Chronicle.
Mr. JEXYLL declined troubling the Court, at any
length, after their opinion had been so fully declared;
but he must, in justice- to his clients, mmtion a
few facts.. The paragraph in the Morning, Chronicle
was copied verbatim from the Morning Herald of the
27th of June : it appeared in the Morning Chronicle
of the 28th. On the following day, the defendants
hearing_ that the paragraph was unfounded, an am-
ple apology was inserted in their paper of the 30th of
June. He (Mr. Jekyll) was aware that it was no
excuse to say, that from the long period of the ori-
ginal reports remaining untontradicted, they were
led to believe it true. and only inserted it as a matter
of common intelligence. But if the Attorney-Gents..
rat had looked over the Morning Herald, he would
not. have thought that the paragraph in the Morn-
ing Chronicle contained any additional sung, for it
was a mere copy.
Mr. RAINE followed, and. made some observations
on the shortness of the time which intervened between
the offenceand-the apology.—The Rule made absolute.
A similar application was made against the pro-
prietor of the Statesman.
Mr. READER said the paragraph was copied from
the Leeds paper.—Rule made absolute.
JUDGMENT.
Mr. JEKYLL moved for the judgment of the Court
on William Laing, who had been found guilty of an
assault on William Williams, at the late Hants As-
sizes. The prosecutor had removed the cause in
the Court of King's Bench.
Mr. Justice lismstv.before whom it had been tried,
read the minutes of the trial. From these it appeared,
that, in June last, a number of persons residing in the
neighbourhood of South Sea Common had procured
the leave of the Magistrates to amuse themselves with
a variety of rural sports; and the defendant, who is ,
a general merchant, was appointed one of the Com-
mittee of Management. At the time when the sports
were going fonvard, a very large ring was 1114de for
those who were actively employed, and several per-
ions, and among the rest the defendant, were exerting
lihemselves to keep the crowd from breaking in—by
-Some accident, however 4 the prosecutor, who is a
journeyman shipwright, was forced into the ring, un-
der the feet of a horse. The moment he got up, he
.tras violently attacked by the defendant wtth a large
knotted stick, with which he struck him 14 blows on
the back and breast, which incapacitated him from
working for a long time after. It appeared that Mr.
Liustice Bailey had, on the trial, mentioned a sum
which he thought would have been a sufficient remu-
Pnemtion ; but it was not attended to. The defendant
had also offered the sum of £lO to the prosecutor,
who would have taken it, had he not been advised by
a third person to remove the cause.
Several affidavits were put in, in mitigation of ps.
nishment ; they chiefly stated,that the defendant did
not strike the prosccutor on the breast, and that the
stick he usedwas not more than half an inch in diameter.
Mr. Gast LVE hoped, as the defeatdant had done
eve:y thing to compromise the matta, and as the

A :
ttelitaiiketitor' Wile ttiori
have ban gives! by him, that the Court would •
lenient in their jutt:ment.
hutyr.r. and Mr. Bopiotcat contended, that it.
. most crue} and unprovoked assault, and calleci
exemplary punishment.
Lord ELLEenottot)Gu reprobated the cdnduct of the
person who had prevented the compmrnise. merely to
sum of money into his own pocket. He thought
highly reprehensible to move the coda front
. Court which possessed a competent jurisdiction.—
As the parties appeared to have me.tsured of the
paeans of remuneration necessary, by their Original
compromise, which a niischievous friend had 'nevem.
ted, he was of opinion that the slum of el% whicf
then appeared to have been acceded tot would be vi
.sufficient tine for the defendant to pay.
The defendant was fined RIO accordingly.

COURT OF COMMON PLEAS:NOV. so.
DAWsON t. WOOD.
This was an action against the .Sheriff under the
following circumstances, which led to a decision that
must be generallrinteresting : •
Dawson, in addition to a public house in London,
occupied by himself, held another also in the City, in•
which the business was c,irried on by ow: Pike, his ser-
vant. The licence was in the name of Pike, tho re-
gulations of the Citt requiring that 'it should be in the
name of the actual *occupier, but the n.inie over the •
door Was Hindlcy, who had, before conducted the
business 9f the house as servant to Dawson. One
liutd„. a Creditor of Pike, having agreed to indemni:y
the sheriff, took the property in the house in ettecu.
tion fag his debt, upon which Dawson, the real pro-
prietor, brought his action for the value.
The Cum, JUSTICIII at the trial thought that
Dawson had held out Pike to the would !s the pro':
prietor, and of r.eeessity induced many people to deal
with him upon that credit, he ought*to bear the loss,
and a nonsuit was entered, with liberty to enter aver.
dict for the plaintiff, if the Court should differ frogs
the Judge at Nisi Prius.

After hearing argument by Serjeant Co rata is
suppott-of the nonstut, and Setjeant BEST agatisto it,
the Court decided in favcur of the plaintiff, thintiil
it would be going too great a length to say that the
propeity a_principal should in all such cases where
the business was carried on by a serrant, be consider.
ed as the property of the servant, relying.much whila
respect to the law on the stattite of James I. which,
under these circumstances makes the posaission a good
title in rases of daninotcs, and thereby determines by
implication that the law it otherwise iu other cam.
The nonsuit was set aside and 'a vtrdict entered for
the plaintiff accordingly.

SOUTH AMERICA.

41,

The American Papers contain the following ac-
count from she Spanish M4in:
44 Accountsa have been received from Carthagena
by a ship which sailed towards the middle ot Septem-
ber. It appears that the inhabitants of Sant* Feehave
disagreed among themselves respecting where the
sea of Government should be formed. The diseon.
tented persons had separated themselves from the
revolutionists, and were joined by a party of troops
with arms, &c. from the Archbishop of Mexico, who
lekis loyal to
,the King of -Spain, Ferdinand VII.
iatalhtints of Santa Fee, friendly to the new order
ings, had mustered their whole strenztli, and march- '
id out to meet the enemy 2or 5000 strong. The
battle ended in favour of the Republicans, v.ho ake.-
wards celebrated thevietnry in honour ot Ferdinand
VII. The Mexicans lost many men, and fought en-
ihe dtit colours iif the King of Spain. This has, it
Madded; quieted for a time the commotion', and the
w Governor co:anilines to maintain his authority ;
but it is apprehended . that ere Ipiig.fresh .iittempts
-will be made open the place and inliabitants by the*
people of Mexico, who call themselves the loyal is.
habitants of New Spain."

• PROM MLXICO.
" We have seen a Gentleman from Vera Cruz
who informs us that the Vice-King of Mexico had
supplied the Governor of idaracarie with military,
arms, and ammunition, for the purpose of resisting
the rebels of the Caraccas, whom it was determined
to bring to submission.
The Bulwark, 74-gun ship, 'was on'tbe eve of
sailing for Spain with the Deputies cal board front
Mexico to the Spanish. Cortes, ani was to touch-Ist
the Havanna to take on board the Deputies from
Cuba. The Mexicans had . dispatched tWo vesse4
laden with gunpowder (manufactured at Mexiccq, as
a present to the Spanish Patriots. and had it:bid-a:4d
20 millions of dollars, to be sent to them shortly."

". ,

• --
On Tuesday last a Comfit/&teal was held at Porte+
month, on board his . y'a ship GLAUIATOit• era
WM. BURNHAM RIDEa• •
• CORlTlldader of .ois.Ma-
-5
jiSti'li*StoOp CH ALIAN'oEte or disobedience ofpiciers,
Ili hiving 4itturned titan 'the West Id to England
with dispatches fram the Lieutenant-Governor of the
Island 9f Curacoa, without having the previous au-
thosiernf the Commander in Chief fur that purpose,
By the sentence olthe Court Ciiptai 1 RIDIR was ad.
judged ta be dismissed his MAJEtTY'S service bui the
Court being strongly impressed that in the commission
of the offence. he was misled by error of lodgment,
arising from the best motives for the welfare of his
Sing and country, earnestly recoummended Captain
Runts to the favourable consideration of the Lords
CoMmissioners of the Admiralty.
Friday night, three French prisoners escaped, by
some means at present unknown, from one of the pri-
soh ships in Gillingham Reach, and succeeded in et-
ting possession of a small skiff, in which they rowed
theniselres down the river as tar as Vandret Creek,
where they bearded a filing vessel, the master of
which, with his apprentice, were asleep. The master
made a desperate resistance, and found himself ca-
pable 9f contending effectually with two of the men,
and repeatedly- culled his boy to come to his assis-
tance, but the „hay was so alarmed that he would not
turn out, is consequence of which the three hench-
men overpowered him, and after being most unmer-
cifully beaten, he jamped overbnard and swam to
shore. The Frenchmen afterwards set sail, oats;
the boy with them, aed have as yet not been heard ot.
from a MO.
dims to the

- ~.
. - .
.. • LLOYD% LW . ,: , - vi6-4011Whirls*- 444 'Jai
. 1 . Algetil . . . 4. .
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taken and earriedwinta:C44-', .' • ••• . - 'l4l° ' '--iialyk,i..,..ekirerred t
.otacc-ilaitliet 14141 Say:. I be leh;'
• . it .. 7:-.1:. :.-: .. ..,..., .„
:7..4 kiffikisaypT, imailthiccaloympes '-. 7.-. ,vt.l.-inta.,l4.c*T-Cduct-41i.w Mr.
. - . . . ..
' Ighgy had teen; it wan' rrte• itirtiect.
!i.,iiii;O: Itse: '
. - .
ytrt4;it; mkt amted.l ii7rhe,,-,./y...
for ei
- - . :,, 4P4rt. 1eta—,..)14r.. tiny, few. _ , .7•'___cp` '
..t9s-,4arts --a.4": fey these
tvithsevenmoyena:;: but they only Interlined-
L'un
totally lost near Aveirci. . *reitc,ii
..4._t, joie4-1 :.., • ... Air' •
Thp Rambler, atummdim,'Etitili new s arE3O 4.1.•! I al- •
romar-Qement. saki . he'.could not pass. person
verpool, is lost at Carnarvon. - ' ,„ , r . 4,11 opportunity DE:animadverting on a statement put asi
' '*" : ' O inewspaper. , ita.:o6. 'What. he had said on the last it was
The Clio; THoIIPSON ; and another shipiladen with coming- or this case 'before the Court. It had been a Cour
•

Tuesda a journetinan plasterer from
storey ladder in Whitechapei, and was Wean
London Hospital in a most desperate stew