Star.
London, England, 1828-12-24 00:00:00

gr-

his witnesses, who, he was convinced, would prove the
whaled what he bad stated with respect to Mr. Beech.
The publication of thealleged libel was admitted.
The Times newspaper of the 24th of August, 1827,
CODtaining the alleged libel, was then put in and read.
Mr. F. rota.• cz then put in the letter of advice, an-
nouncing the shipping the three bales of album marina,
and proved the post mark of Hamburgh on the letter.
The letter was dated J 017,1827, Hamburgh, and stated
that the writer had taken the liberty of sending him three
packages of album marina, and begged he would be so
good as to pay the Custom-house dues and charges, as
they were intended for a person in the interior of the
country ; and on his hearing of the safe arrival of them,
he would send-intelligence of the place to which they
were to be forwarded. The letter was signed M. Op.
penheimer.
A witness was called, who produced the bill of lading
of the three bales on board the Simeon, which was put
in and read.
James Hartley, clerk to the plaintiff, proved the facts
of the manner in which the plaintiff received the article
in question. He described the albino marina as a grass
growing on the shores of the Baltic, and as being used
for stuffing. bedding, &c.
Charles Webb, foreman to the plaintiff, said he was
employed in making matresses of album marina, and
be was accustomed to open the packages of that article
himself. He often put his band into those bales which
were sent into the country, to see whether they were
damp or not. He had never found any thing in the
packages but album marina.
By Sir J. SCARLaTT— He had commenced making
Manuel for the plaintiff of album marina in August
1827. After some time all the packages came closely
packed. They were sent away often without further
examination than putting the hand under the packing
to see whether they were damp or
not.
Thomas Barron, the porter f the plaintiff, stated,
that before any bales were sent from Mr. Beech's they
were opened and examined.
By Sir J. SCARCITY—It is not true that all the bales
sold were delivered unopened and as they were receisedb
but that they were opened and examined.
Another warehouseman was called, who stated that
the plaintiff kept his album marina openly at his place,
and any one could open the packages.
Mr. Arnott, a clerk in the Custom House, stated that
on the 14th of August Mr. Beech applied to him to
clear three bales of album marina ; Mr. Beech did not,
then appear at all agitated, nor did he excite witness's
.suspicions in any way. Witness drew up the warrant
for the payment of duties, and to give up the goods, &c.
This warrant was directed to the landing waiter.--The
warrant was tl en put in.
J. Beeston, a landing waiter at the Custom House,
wets present at the seizure of the packages; be sent for
the plaintiff. who came the same day to the landing
waiter's office; witness told him that some tea bad been
found in the packages of album marina, and asked
. Beech whether he objected to his premises being
. searched? he replied, certainly not. From the result of
this search directions were given to release the ship a
few days afterwards.
Sir datum SCARLETY then addressed the Jury on the
part of the defendant. He said that when a libel sp.
Read in a public newspaper for the purpose of wan-
. OAF injuring the private character of any person, a
Jury could not give too large damages; but this was
not a case of the sort. There was no newspaper which
stained mote front attacks on private character than
the Times newspaper. The limes had no inclination
to injure the character of Mr. Beech. They offered to
insert any explanation on the suliect; but this was re-'
fu ed; and Mr. Beech ii:sisteJ Vat the Times should
t put in an unqualifiud contradico.l), and declare that
dupe was nothing to surport even suspicion on the'
subject. The Y imes, on inquiring into the circumstance*
of the case, however, refused to make any such declara-
tion. The Editor of the Times had never heard of Mr.
• Beech until this transaction. The ship in which these
packages had been brought from Hamburgh had been
seized. On the evening of the next day a litter had.
appeared in the Globe newspaper, written by the Captain
of this ship, who in this endeavoured to clear himself, and
Mr. GURNEY here objected to this letter being intro.
du:ed.
Sir J. Scaatere said Mr. Gurney objected ,to his
showing how this case became public. Packages of this
sort had repeatedly been passed before at the Custom
House without examinat on. Was it not to be inferred'
from this that the parties were suspected of having dowel
something of the same kind before? If that were not
the case, why did they tench the plaintiff's premises?
Mr. Beech, in the first instance, commenced an action
against the Captain, for having written the letter to
which he had alluded ; but on his pleading a justifica-
tion, MI. Beech thought it inexpedient to proceed with
the action. He would call Captain Rome. the com-
mander,of the Simeon, to prove that the person who
hati sent these packages was in the plaintiff's brother's
service. He also understood that Mr. Beech was in the
habit of directing bales with patticular numbers to be
. *ent to his residence, and not opened at the warehouse.
He conceived that this was sufficient to justify suspicion,
and be had no doubt that he shouldLashe was emitted,
get their verdict. He repeated, that the Editor of the
Times had no wish to injure Mr. B eett ; he merely
published the statement as a tumour of the day.—
Although Mr. Beech might be able to prove that he
was not a patty to this transaction, yet he thought that
he (Mr. Beech) could not pit:meth; there was ns.t sofa-
cleat to warrant suspicion.
Jam Davis examined by Mr. Baononasc--Is a Cos-
toosticuse waiter. On the 17th of Aogust be received
a warrant to land three bales of album marina. After
receiving this warrant Mr. Beech came to witness's
office. Mr. Beech appeared very anxious-to have them
landed, and witness said that he would land them as
soon as he could. He called twice or more times, and
asked witness to land the packages of album marina.
They were landed by witness and examined. Witness
suspected that there was something wrong about these
ends on two grounds; first, that 111 r. Beech appeared
- so eery anxious about them ; and secondly. that they
were pressed in a singular manner, and thought some•
thing was concealed in them. Witr,ess was present
when the packages were opened. In the centre of the
bale a bag of tea weighing 14Ibs. was found. Each of
. . the others contained a bag of tea. The weight of the
whole aas 401bs. Witness then seized the bales. The
,nitip also was seized.
-Itaaatised by Mr. GURNRY—He never said he wal
ladoeed to examine the bales in contequence of I. pre'.'
vabits intimation made to him.
. Captain Rime deposed to the plaintiff's having a
brother in Hamburgh—that he had a lever inserted in
the (a/e& newspaper, which he subsequently avowed to
04 plaintiff, Who had hint served with a war, but the
ldaiatif anierwatdestopod the proceedings, paying sal
Abe C 04116
Lord TZUTUDIN summed up the evidence, and the
Jaryjound a verdict for the plaintiff—Damages 901.

....-n:

MOON Alin omen V. DUNDAS &ND iSVAN.
The plaintiffs in this action were private shipowners.
and the defendants the Captain and Lieutenant of his
Majesty's ship Sapphire, a frigate of 28 gums.
Mr. BROUGHAM, Mr. POLL
iffsACK, and Mr. ALDIRsON,
were Counsel for the plaint.
Mr. BROUGHAM stated the tare to the Jury Tie
plaintiffs were the owners of a brig, named the Rosa-
mond, of 179 tons, bound with a cargo of about 100
chaldrons of coals from Sunderland to Portsmouth.—
The value of the ship and cargo was between 1,4001.
and ,}4OOl. On the 21st of January, 1827, the Rosa-
mond was off the coast of Yorkshire, steering S. by E.
being close hauled upon the starboard tack, the wind
being S.W. by W. It was a moon-light night, and
though occasionally cloudy; it was sufficieotly light to
see to the distance of three-quarters of a mile. His
Majesty's ship Sapphire, commanded by the defendant,
was employed on that coast, and at the time described
was going free with her head due north, and much nearer
in shore than is customary for men of war to tun. It
was consequently the duty of the officer of the watch to
keep a better look out than ordinary, that the ship might
not run down any ether of the craft likely to be plying
or sailing so close in shore. It was the rule at sea, when
two ',awls met each other, that the one going fret
should bear up or make way for her who was close on the
wind. The Rosamond and the Sapphire approaching
each other,the former hailed the latter to put her helm up
or to port, but Lieut. Inman, the officer of the watch, or-
dered the helm a starboard. by which the Sapphire
came to the wind, and running foul of the Rosamond
between her main and fore chains, damaged her to such
an extent that she afterwards sunk. ibe man at the
helm of the Sapphire, when Lieutenant Inman bailed
him to put the helm a :miscue', evidently misunder-
stood him, and knowing what ought to have been done
in such a case, be put the helm down or to the star-
board, by which the vessels would have payed off and
avoided the contact. But Lieutenant Inman again or.
dered the helm apart, by which the Sapphire. which
was going between six and seven knots an hour; ran
foul of the Rosamond, and sunk her. Captain Dundee
came on deck, and ordered the sails to be backed, to
clear the vessel, and then to be filled. and run over her.
Whether the damage were the result of the negligence
or want of skill of the Sapphire, the plaintiffs were en-
titled to claim damages of her Captain.
The officers and crew of the Rosamond were called
to support this case, but it mined out that the misad-
venture arose solely from the fault of the steersman.
who mistook and disobeyed Lieutenant Inman's conn-.
mends, the conduct of Captain Dundasaod Lieutenant
Inman being seamanlike and proper.
The point was put, whether Captain Or Lieutenant,
not having the appointment of the helmsman, by whose
error the accident happened, any action could be against
either ? The Court ruled in the negative, but the case
went to the Jury.—Verdict for the defendants.
COURT OF COMMON PLEAS. Osmium., Dsc.
43.
lOULBY V. PICIVORD AND ()Man.
This was an action of goods sold and delivered,
brought by a widow against Messrs. Pickford, the car-
tiers, to recover a stun of about SOL the amount for
printing done by the order of the defendants. The
defendants had paid 111.11 x. into Court, and insisted
that they were not liable for any thing beyond that
amount. Evidence was given on the part of the plain-
tiff to show that the value of the work done far exceeded
the amount claimed ; but for the defendants witnesses
were called, who swore that the plaintiff had made a
contract for a specific sum, which was covered by the
amount paid into Court. It was then proposed by the I
plaintiff's Counsel to call witnesses to prove that a dif-
ferent contract bad been made to that stated by the de-
fendants witnesses, but this course was objected to by
Mr Justice PARE, who observed, that if it was in the
plaintiff's power to prove a specific contract of any
kind, it should have been done in the first instance. As
the Counsel for the defendants did not raise any objec-
tion, however, his Lordship allowed-the evidence to be
gone into; but as it appeared that, if it was proceeded
in, the case would turn upon the balance of contradic-
tory evidence, his Lordship askedthe Learned Counsel
on both sides if such a painful', decision of the carat
could act be avoided by sew arrangement among
themselves?
Mr. Sergeant Warm for the defendants, tepee...ll
bis williagness to consent to a reference, but
Mr. Sergeant Spasms, for the plaintiff, said he could
not consent to such a course.
Mr. Justice PARE again expressed a wish that the
case should not be reduced to a mere question of the I,
truth or falsehood of the evidence of the witnesses on'
either side, and at the same time intimated that the
Learned Counsel for the plaintiff ought to exercise his
own diicretion as Counsel.
Mr. Sergeant Seaman observed that his client would
not consent to a reference. .
Mr. Justice Pau said. that in such cases Counsel
should be guided by their own honourable feelings. and,
Amid not suffer their better judgment to be biassed by
their clients, the atiornies. When he was at the bar he
never consulted an attorney under such circumstances.
Mr, Sergeant Srannts-1 am afraid, my. Lord, if I
do not consult the attorniss they will not consult are.-r'
(A laugh).
Ms. Justice PARE observed with some warmth, that
he was convinced the honourable feeling of Brother
Spaoicie never had been, and never would be governed
by such a consideration. .He was only sorry that his
Lensed Brother bad made use of an expression so eon-
nary to the real rule of his conduct, as it might go forth
to the world and be considered as his real motive.
Mr, Sergeant SPANK= said that be bad merely made
',se of the expression in a jocular manner, and observed
with respect to the world's taking it for his real motive,
that men must live in the world as it was.
Mr. Justin Parax—Men should live is the world
with perfect respect and high honour, or theytad bet-
ter not live in it at all.
An objection was then takes to the evidence. which,
after having been fully argued, was held to be good,
and the witnesses in reply were DOS Ahmed to proceed
with their testimony.
Mr. Sergeant SPASMS then addressed the Jury in
reply, and
Mr. Justice PARK summed up, when. the Jury re-
turned a verdict for the defendants.

The quantity of apples landed from Guernsey and
Jet soy at Dartmoath, up to the present time, is about
68,000 bushels, which, allowing sixteen bushels to the
brgshead, would make 4,250 Pogsheads of cider. A
large coantity of cider in casks has also been landed.
It is with ;egret we have this day to communicate
intelligence t.f the loss of a steam vessel, the Earl of
Rodeo, which traded between Liverpool and Dundalk.
This,regret,howeeer,is greatly dsmiai shad by the pleasing
it &mos that. through the mercy of Untwist GOD,
the passengers and crew have all safely escaped. This
vessel was lost near Douglas, la the Me of Man, on the
evening of Sundry week. She is now *a total wreck;
the machieery, however, is safe. The Cargo also, it is
thought, will be 'undyed...Newry Tslgrap+k•

WINTER HOME CIRCUIT. •
LEWES. Dee. 213.1011k1nt Mr. Baron Vixens.
At ten o'clock his Lordship t rok his scat con the
Bench. The number of prisoner whose names Appear
in the Calendar amounts to, thiity-five. None of ct fir
offences, however, are of a aer ions character.
Thomas Smith Bruce. a respectable looking y ung
•man, we, placed at the bar, on an indictment for steel-
ing, on the night of the 15th November, two cat, the
property of Th saw Whiting. • . •
The witn' sses proved that two cults had been plated
in perfect safety in a close immediate y adjoining the
prosecutor's house, on the night of tie day menu-ned
in the indictment. The next morning they wet e missing.
It was soon after discovered that the prisoner, in com-
pany with another man, had come to the shop of a
smith, about twenty miles distant trona the prosecutor's
premises, with the two colts, for the purpose of having
them shod. They were afterwards stopped, and takeal
into custody. The companion of the ps ironer managed
to make Iris escape.
lhe prisoner now sai,t, in Iris defence, that lie was
not at all awaie of the animals being stolen at the time
he fell into company with the man who had escaped.
The Jury returned a verdict of Guilty. •
Mr. Baron VAUGHAN directed judgment of Death
to be recorded against the prisoner, and intimated at the
same time to him, that although he should recommend
his Majesty to spare his life, that was all he colt. Id expect.
William Slaughter was charged with stealing, at
Brighton, on the 11th November, one watch, three hall
crowns, five shillings, and three sixpences, the property
of Daniel-Bishop.
The prosecutor was a working man, in the service of
Mr. Pocock, at Brighton, and lodged over the stable of
that Gentleman. On the morning of the llth Novem-
ber be had gone out, leaving the property in question
safely concealed in a part of the room in which be slept.
`,it en he returned it was all remosTd. Having some
suspicion el the prisoner, inquirie s were made about
him, and it was found that he bad offered tl.e prose.
Cutor's watch fur sole to a man named Blanchard, at
Brighton, for 7s. He was accordingly appiehended;
sod without either promise or threat, he contested hay.
lagrtaken the property.
The Jury found him Guilty. and
Mr. Baron VAUGHAN sentenced him to seven years
transpoitation.
Elizabeth Barrow, Eliza Leary, and Lucy vary.
were indicted, the two former for feloniously stesling
a silk purse, containing two 51. notes, and one 11. friar.
the property of John Pollard • and the last prisoner in
harbouring and maintaining :hem at 'Lewes;
The case was this—Mrs. Pollard, the sired the pro.
secutor, having occasion to go to Brighton, Wiled a cm
riage for that purpose. Having done what busines, st.e
had in that town, she prepared for her return home.
Fearing, as it was then approaching nine oclock in the
evening, on the 12th of December, that she might be
robbed, she placed her purse. contaiting the m rey
mentioned in the indictment, within 11:r stays, and got
into the vehicle. In stepping out at her own door► it
would appear that ihe purse slipped down oa the ground.
A reward was published the next day to any persin,
who having found the purse, would return it, but with-
out effect. It was, however, soon discovered that the
former prisoner, along with another woman, since ad
mitted as a witness for the Crown, had found the purse
near the house of the prosecutor, and appropriated it
to their own use. Lucy Leney, the mother of Eliza
Leney, it appeared, had shared in the contents of the
purse, which had been thrown away about half an bout
after it was found.
Mr. Baron VAUGHAN told the Jury, that unless they
were of opinion that the prisoners, at the moment they
took the purse, bad the felonious intent of appropriating
the property of another to their own use, they must
acquit them. The remedy which the prosecutor would
then have—and that, indeed, which in this care seemed
the proper mode of proceeding—would be an action
of ironer.
The Jury having consulted some time, returned a
verdict of Not Guilty as to all the prisoners.

POLICE INTELLIGENCE.

+ -

GUI LDII ALL •
Hen Baker MIR brought before Alderman VnaaLn yester-
day, charged with felony.
Samuel Davis, policeman, stated that on Monday evening, about
eleven o'clock, he observed the prisoner in Cheapside with a bundle
(which witness produced), and he saw him open it, and cut a slice
of something, which he began to eat. Witned stopped him, and
Inquired of him what it was that he carried? Prisoner told him
that it was Canterbury brawn, and be was carrying it home to his
mailer. Oa being more closely questioned, the prisoner shrug&
from that assertion, and said the brawn was' his own, and that he
bad bought it of a man in Billingsgate. lie was lodged in the
watchluntse, and the Poilce.officer made inquiry of those who dealt
in Canterbury brawn, and discovered
Michael Myers, a Jew, in Peter-alley, who dated that the pri-
soner bad been earnestly soliciting employment for the last fort-
night ; and witness engaged him at Lt per week. Monday was
his first day of attendance, and he had borrowed 3s. and left earher
at night than the ethers. Half a collar of brawn was missed nrxt
morning. Witness identified the article as his, and said it might be
valued at 20s. He frequently suffered loss from his servants; but
still he would prefer that a minor punishment should be inflcted

on tbe prisoner.
Alderman Vistauss considered it an aggravated case. as the I
prisoner bad net been forced into the crime from distress. He
(she Alderman) could act in no otter way than sending him to
take his trial.
The prisoner said be had been in great distress. He was ex-
tremely sorry for what he had done; " but," says he, " I suppose
that is of no use now."—He was fully committed for trial.

BOW.ST,REET.
A young men, named Gone Brows, was charged with having
passed a number of counterfeit crown pieces. upon licensed vie.
Diallers. Mr. Thomas Dekin, landlord of the Cock and Houk, is
Bedfordbury, deposed, that on Monday evening the prisoner went
Into his house and called for * pint of porter, which was served to
him, and foe which he tendered a crown piehe in payment, and
received the change. After be had gone, it was discovered that
the crown piece was a counterfeit. On the following morning the
prisoner again called, and asked fur a glass of brandy. which wee
also weed to him, and k payment of which be tendered another
bad crown piece. An o6eer was thereupon sent for, and be was
given hi charge.
Several other licensed victuallers, to whom the prisoner had
pawed base coin, came forward to state that fart ; Ind Mr. Powell,
yes. en behalf of she Mint, said that the- prisoner was a well.
knows utterer. He amt been convicted at Sunbury for an offence
of the description committed at a public-house at fkalllass and was
sentenced to three months imprisonment, which expired only
fortnight ago.—He was contatltteit for trial.
• young women, of interesting appearance, with a baby in her
emu, was chirped by Lord, an Weer of Rube, with havii4
bees found in a home in Half Moon Crescent, Pentonville, when
there was a manufactory of soap which bad net been watered to
the Excise Mex. The witness and another (Neer stated that
they had seised six or seven cwt. of soap, together with the *tensile
foe itaislactiriii, sad a tiesitky of raw material. They-bad no
doubt thug tbp prism* lisswimoly aided aid assisted.
Mr. hisuenesa was at first inclined to discharge 6%; but it
turning out that she refused to furnish any clue to where her hoe-
' hood, ee Memnon, the owner of the ham, 'were to be Mink.
he oedema her as be daubed man her husband and two house
keepers should appear, to basin. enewerable for her appearance.
WORIMIP—STiI EST.
Yesterday George. Yang, a weaver, residing in Bttllnalliftlith was
placed at the bar, before & Twrroas, Esq. charged with stealing
one diver watch end two gold seas, the property of • Wm. Heather,
trios his
Cha'ar„ of Oklkteltff4U•St. Iliehawy• nod, stated as
farness i—Oa Thursday week last,abaitAis eidoeit is the otitis,
I was its" Pfeclney:road; returning Wise; when I came oppadte '
Jans4treet, a mace who was stadia; by the side IA Ws Mid'