The Statesman.
London, England, 1813-11-17 00:00:00

7

THE STArklig*Abt.

•
' • eections of .
the canal, of which the Plaintiffs were proprietors. e;
Mr Carver, which refletted.,the current M-fr.........11:'46004. that *et Gaywooae gime
te tttaster+r, by which an eddy was is t 4 Math; alift,1110; of
,*•artimits 1 bui
The Act of Pailiantent, which was framed in the to the (ppm+ or Us ern,
occasioned, arid ill velocity of the stresei being ree, ; two's Am MOOS ifiiill.ftt ?$OB.. 1 4'4 . itip__*-4
sieth year of his present Majesty's reigne authorisedb inhke.
which occasioned a.. city, *bete they. coltahltept tngethol4 liamaq a watt
thew to receive a toll of three halfpence per ton upon duced, water
A made a 'deposit,
nother,incenvenience was, that vessels ' aad had Nalco tWe
,Chjislithie till 410, ,when
.111101
all grinds whkh passed one measured mile along their sands a
uneasily in consequence of the eddies. The , Given quitted Sidly,for Melba_ acid after residing
cane?, distinguishing timber and light bulky com- rode
.une y
of 'carver consisted of a wharf, pro.itheie a short fintersbe eafteirfor itngland, and 45..
mmlities from heavy goods, by enacting, that 64 feet 1 premises Mr.,.
of squared timber should be held equal to one ton l'ecting into the channel 130 feet rem
f high water :rived .in .411; soon lifieiswhiCh she became ee-
-1
I j mark. The stone-work hewn, did not reach to . quainted with Mr.eGeorge 'Wielder, and a criminal
weight, and so en of other commodities of the like
' edge by several yeas but was continued intercourig took place betweeer them, and they passed
description, under which, no doubt, hops, wool, and the e ater a
cater mark by a Wooden stage.erected las mu app wife at canons lodging' in and about
teasels, were included. The Plaintiffs, however, las far as low
)wing , ..
- 1-examined, be said that the ;town; abd 'went sphte.by the name of Mr. and
cros
maintained, that a clause in the Act wholly relating i upon piles.
to the freightage, and not to the tonnage, authorised 1 merceat , ,
I et ships chose toile off Mr. Carver'. wharf 1 ,
... Mmereette and eV! •by the name of- Mr. and
teem to make farther regulations concerning the ins the m . ost Commodious rotds. He had often seen Mrs. de tillor#: ;It: appeared also, that ern Mr.
price of the toll of all light goods, and, therefore,*1 iliaevil Waned by Mr. , Greestell fir JI. ie. 'Ali coantre,;'' from Sicily, be
I transports ili.tif6 also . tale _
'arf was Ulf-considerable. I hrnsghl ea( ;Orion" aping Mi.. Merder in the Cora-
they were entitled to more than three halfpence pet Carver's wharf 1
Civil c
d ed cb ;mob- 144 COurt nd obtained et'eerdiet of small
, a
',Kinser, epos CM
ton for goods of that kind described, as they mire- Mr. Jelitt Reno t„._.. ;
bearded, in the Act of Parliament. That clause,, to the same effect air the first wetness, with regard to . damages only, in corniseuence df the' wife'tdeprared
-water and tbe creation character.
as their Lordihips would observe, related wholly 1 the obstruction of the beck -Kates
to the pre. I . The fact of adultery being 'so clearly proved by
to the freightage, and authorised the proprietors *fief a small tan& built...lft
.& oppositemunoting ta any that this =the evidence produceol the Learned Judge (Sir Wise
boats and vessels to make by-laws for filing an ape !irises in question;
did
--
meats
Carver's wheel sctrer)pronouncedthat the husband was entitled to
Me by Mr.
proprlate price upon parcels of light goods of shelf was occasioned enter
t._-- A., ~.
not more than one hundred weight. This claim ; but it undotd:tedly added to •ittosemi Y« tit
.. .
__l___.. ~, ... •
i see eilltay he
*prayed; and accordiegly decreed the
old collie* IMP Iglu being resisted, an action Was brought, and the i-sence were removed the evil ls ; , - . Y e ...
Jury were desired to consider, whether they deemed imputing. Cross-essmined, be said that is .... • '• .444411.1"..''
*narrow e ' .. . these commodities conveyed for the Defendants 'where there Knee. WO bows end ~
..
7= ' • A lrvetTßT, Neb. IS.
e
i
on Di 00 **coot- , . •albilenk.ut. Tem, stliSsint.
light good. or dot : they came to the conclusion, that there was a bat on the laside
ses'w ,
es
ss
Iv r . . .
some goo& were comparatively light, and others com- : side of the harbour. ''M periensouth .
this wolad la, Tbili wes .ail A rent the Vice-Admiralty
purativety heavy, which left the question btulecided ; the case, even' if illic.:Cinnb4 .11.4agf . heti net ex- . ettwrt•lst ham*. - 4tp being one of very great
but he eltreliended it was impossible for the jery to fisted. .-s: , vales, iililoileent Palmotith in the said Island to the
do colterivlete Tee Act Of Parliamewt fernished ite Mr. Whitb_74._Mistee laleedstst Id -
. elpanish ri.isiothe 'purpose of obtaining -a cargo
distindion teethe rate of toll upon heats', end light exactly cotpdded whit fdratenelpfe fin (wild ~
_of *eh* .W. urn was, twitted by the Cul-
pods, and therefore the Jory, having Al* inatrec. ;.specting the &rouge ; ence of ebi elletructioe art • lector of SW. • omattaMontego Bay, on the ground
thins freeiethe Act, and-having nninfornuttionen the.; tide. If Mr. Carver's premises were . _ . venom* the of agt 11.0 lulficient number of British mariners
G re owadar accord i 1 to the Navigation Laws, and the
:object by evidence, came to a conclusion, which, i tido• would led! be met by the western or imp _ d, ie .
though It had no weaning, Was the only one that could i shore, befit • would not be matorially__affee4ed, tzIsland.The
td
ship was (Bally(pally condemned in
be reamed. I the eddies sieuld not.be so strong.. When ctoSsi. - Court here,' bowerer, .sat clearly of opinion, that
Mr. •tierjeent Beer followed on the same side, and Anniuedehe admitted, tl at nearer the , moth' . .
Roints or *et were the seirsckfit number of British mariners
c'outeederi for the dismissal of the Rule, with his usual !of theltarbaur there was a laneinlividaYe+ eidird tht ese:hoard, and that the condemnation in Jamaica was
intelligence, eloquence, and ability.. tliwrsh belonging to the 'eines eloclieyard, wbich a. foinsfed iii error, sad therefore restored the ship to
Al r. Serieint Suurogeu supported his Rule at con.; twe feet .h.iglt, and extended bee otul toss %A ate r. r '. the owners, allowing them the expeuces of the
side; able length; and nraiutained that. the verdict, :This erootion , oven obstruction tit the influx Appeal.
being absolutely without meaning, ought to be set : efflux of the/Wee-but not. centilitre.,lle. He c.
aside, and a new trial granted. The Stafford and not tell is solsai.peoportion the %theft of the De.
Worrester.Caual Company, for ten long years, had dant delayed- *kw preinni of the AI •; be d 4 et
received more than three halfpeuce per ton, for die know if it worn. one sonlionoth-part of the w 1t
toll of parcel+ of light goods under an hundred body of wateeethat ran into the herbalist.
i
..
weight, and the Defendants were the only persons ' Mr. Huddert expressed himself of the same ep-
who bad refused it. nian es the preceding witnesses, end added, ou cross.
Lord Chief Justice MANSFIELD said, certainly • examination that much back-water had been with-
the verdict was unmeaning and unsatisfactory, there. drawn by the Meg up of s--.veral of she creeks tied
fore, the case ought to be tried again. The Act of other•parts of thehai bour, for the puopase of ersit t-
rarliament, however, was abundantly dark on the , ing a gun-wharf, and other public. works.
subject, and made no distinction between goods ' Mr. Bess gave evidence of a similar tendency.'
that were heavy and goods that were light, the' M-. Brown, Master-Attendant a. nypiooth Dock-
meaning of those who framed it remained a mystery, yard, suited, that he had fotterly been five or
and the Court. *theta direct illumination from six years Master. Attendant et Portemouth. He
Heaven, willed neverbe able to unravel it. Though was acquaintedwith the wharf in question, which,
the Court were opabte to understated the Act, yet in his opinion, was productive of evil to - the bile
the members who framed it migfit ; therefore, it . boar. Instances had occurred, while Ae vias at
Would be advisable, to procure an explanation from Portsmosth, at drips driving from the wharf, and
Parliament, bees*. -Smother action was brought, breaking the mooring chains of ships with their en.
without which no peeper decision could be even.— chefs. He was of opinion also, that a sediment
It was impossible that an tiotheaning verdict unlit' would be formed in the harbour by the obstruction
stand, and tettyit again without ezplenhtiOn would which the wharf preseuted to the influx and reflex of
only orcnsion fruitless etr•pence. The Cot had the tide.
herd conversation concerning it for * whble hour ! Mr. Robb, formerly a Master-Attendaht at Ports.
without coming any wirer their purpose, he could mouth, gave evidence to the same effect..
not well
,deteimine what 'tole; howevei, the Bute : • The depositions of Mr. Myine, late tlsil ',mg/-
might be made absolute.—lii WI opinion' the other ' neer, and another witness, tame dead, were read,
Judges, ITEATit and Culinitete cepticnrrett 1 which contained opinions similar to those of the wit-
!nesse. whose evidence has been given. . .
COURT OF EXCHEQUER.—TRIAL AT BAR. 1 J. Brown, a pilot of Portmouth Harbour stated,
Tat ATTORNEY.GENERAL V. WILLIAM CARVE*, AND t that within the last nineteen years the depth of water,
• lIISOWNLoW, BISHOP OF WINCIIrsTER. lon one part of the bar, had diminished three feet,
This was an issue directed to try the questionr . while in the middle of the bar it remained the sane.
whether certain premises held by the Defendant, : The place where the depth had decreased, 4,as
Carver, ender the Bishop of Winchester, on the • •
about 400 fathom without the harbour. He con-
western side of the entrance to Portsmouth harbour, ; trite(' any projection in the harbour to be an evil,
were or were not a public nuisance, by obstructing and that the projection in question was) therefore,
the efflux and reflux of the tide, whereby seed banks mischievous.
we.re formed, and the harbour otherwise iujured. '
Admiral Knight said, he had been acquainted with
For the more satisfactory determination of this ,
' the harbour of Portsmouth for a considerable peviod,
queetion, the decision of which was of great import- '
:as that so early as twenty years ago he had pots.
twee, a Trial at Bar, before the four Barons of the
,' ceived the projection of the mbar( in question ti be
Excheqiier, was ordered.
' a nuisance, and had committed bit thoughts on the
Mr. W. Anus stated the question upon which the I subject to .;lager. These wharfs forming an. ob.
Jury was to decide. I wooden in the fair way of the tidee.threw the cur-
Mr. Serjeant Lees said, that it had-accidentally ! teet,, which untered the harbour, across to the eppo-
devolved upon him to open the case on the part of , site shore, where it. formed an eddy, by whit% the
the Plaintiff. The fact to be decided was of greet water was thrown back towards the mouth of the
magnitude to the whole nation, since it affected 'harbour. By these means less water entered the
the security, and even the existence of -one of the harbour. During
.high winds the water which en. I
principal harbours for the reception and out-fit of , tered the harbour from. the channel contained it j
tint navy of Great Britain. The Jury was in all large sediment, besides which much-mud cants from
probability aware, that in nearly all cases a consi. the back water which could only be cleared hi the
derable difficulty was experienced in keeping her- strength of the current. He had struck. en the 'barboors clear from sand banks, which in time would of the harbour in the Victory, but had no attest
render them unfit for the purposes to which they had knowledge of the diminution of the depth of water
formerly beers applied. This object was attainable , thereon. . . 4 •
by no other means than keeping the shores of the ' '
Admiral SrSi linger Cord toil
was examined save
harbour so clear, and by allowing assailers of the . evidence much to the,.eame effect. ' • e
water to• beers free, that the Side iv 'ebbing, carried ; ydr„-hiteit 40044,0 e jatiMi ,
_Mxtim a Zagsllo-
- with it, the mud and sand which it hokbrought -,
glneer Jai , he iiiiresent et •tho-aurlasy
in with the flood. The various heavy-particles- were mouth harbour and agreed in the opinion witkit had
kept sutpended in the water by the re'pidity of the beegii veil bv'Mie 'Rertniee' :Hee Itb view, aeletso we
stream, and If _that rapidity were diminished, the • led 01,:eirdss.esamtuatioN OM the wharf% Tees.
consequence would be that the sediment was depo- i tiou was not tialierniciiioe es a wharf projected at
sited, and by degrees the harbour might be rendered ' low writer-mark "would -have been higher up asst-the;
wholly useless. To a certain exteut this unfortenttle i same side. • A.' hard for the' convenience of landing
result had been experienced at Portsmouth, and since front boats existed at this place which formed en ins-
the year 1724, the channel, which had originally pediment tee the tide, but an exceeding small one, use
been 60 feet deep, had been reduced eight feet ; and i It
'scarcely rose above the -mud. The effect if the
if proper precautions were not adopted, the port i wharf was tolorta such an eddy u to send best the
would be entirely destroyed. The question was, , tide in a direction neatly parallel to • that Wield& it
whether a certain wharf occupied by the Defendant,
' entered. '' • -,-e e .
Mr. Carver, projecting into the channel, was or was Mr. Walker -rive -evidence nearly toelliketlevne
not an obstruction to influx and efflux Of the sea, 50 I
effect. jib stated, that the hard which •Slidelteen
as to prevent the water from carrying meal the sand ' mentiontiliretild 'hive produced on effete' differing.
and mud it had introduced. Upon this point he hot- only h
gined that little doubt would be felt, since the tes- *haret./4144k froth that prodoced at present fey the
•
_ie. • ing the latter did not exist. I
simony he should adduce would place it beyond Mr; - 9-i was proceeding loan Mr. Jessup as a •
question. It was not the dues, of the Jury to decide witness , whit '
iu what degreethe erection of Mr: Caner prodece& Sir V: Glens (the Chief Baron) observedi .it
this detrimental consequence ; all they had to do wee ;would be impossible at that time (ha * vet
to decide %Arabes-in any, even the slightest respect, ~.....s.
. **deck) to go throogh the cage dial • •
it obstructed the torrent of water; if they were of leeeeeere adjourned- the remainder og dogroollegha.•,. Ilse lb.-
opinion, the verdict mast be given la ,eoo. (this day). - • ......5e.k"4.7, .... deny-ha
Plaintiff. . i • '' • --swats--- . ,„.. „...; e
.e. ~. • eekthew
.
tness was Mr. John Grantham, a 'lava ComsiSTORY ooußT.uocres r cammageditot: ' air- mho : f - father Ave.,
years ago had made a plan of the .-• • : •• GIMES V. eaten. ~..; ,':. , (rata a Uelle4l °Meer telei.
described the situation of Mr. Car. This eras aesek of divortee-or sewed e gegimitot. , This'ette..• lido,
being on the western tide of a nips*, y George. Henry' Greta, Estlidie MlAs**, t Proallie/Illot to dinlisr4
.! 411114,.111.11', r*.-
*tar
' - which the tide; on entering, ten :Seralrfilshet Green, bitewlfte br rtioseastadeltiryt fir it. In antirettellllllllll'mri7PwrieOlibuo,
'-- • • Va.* ' - •
velocity ;It wits- there met-by the .alleged 441 baie • been cornaittlbd with Mr,. God"- . --- -- ' I' -• • 1 • ~. ' -•- fil•-•0 ... -

ITho miserable wretch, IVilliani Glover, whe was
1, lately committed to Monmouth goal, for the shocking
i tourer of hit father -mad mother, destroyed bintielf
!in that prison on Friday morning. lie was confined,
during the day, in a'room with two otherprisoners,
i to•whom the turnkey, as asualy-delivered:their por.
Ilion of bread and cheese for breakfast, and gave to
ens of themias usual, a knife to divide it, which was
Ito be returned after breakfast. This man cut amid
gave Glover his portion, end: then sat down on a
bench before 'the fire to toast his cheese, placing the
' knife under him, which be Sat upon. Gloveryseeing
I the knife pushed the 'man 4nrward upon the 'fire,
I snatched it' op, and with a violent stroke.eht his Wien'
I throat. The other prisoner immediately seized his:
Iband which held the knife, when he raised the other
`to his neek, and tearing the wound with great vie-
; knee, became most dreadfully agitw.ted, and shortly
I after sunk from the loss of blood, and expired. The
:'Gloucester Journal, from ti hence the above is ea-
,: tooted, adds, that horrible as the latter deeds of this
,wretch were, he hitd, within the last twelvemonths,
given his parents 1001. the whole earnings of hiiilife,
to set them up in n small pot tery : his master also, it
fie 'visit gave a good character of him: whether, there-
; fore, he as afflicted with occasional lunacy, or the
tictim of violent gusts of passion, cannot now he as-
certained.
Swint:a.m.—Friday morning, about eight o'clock,
i a young man, about 23 years of age, of rather a
!genteel appearance, although shabbily dressed in a
i blue coat, white waistcoat, military pantaloons, and
' 'Wellington half-hoots,' and of a dark complexion,
representing himself to be Captain Warner, or
Warry, and al nephew of a Member .of the House of
Commons, entered a house at the West end of the
town, stating that he had just arrived in London by
`tile Liverpool coach, and wished to go to bed, which
. he accordingly did. Ile left the house during the day,
and did not return at night. On Saturday morning
Ihe went there again, taking with him a trunk. On
Sooday the landlord had reason to suspect him, and
sent his bill to him, when be acknowledged that he
I could not then pay, bat Would the next day, but
I which was refused. lid then took himself otf, say.
lag he would send the next day and pay his hill,
and in the mean time his trunk we-old be good secu-
rity for the debt he had contraelek. Yesterday, a
very disagreeable smell and smoke was discovered to
. proceed from it, which caused the iOrtants to sus•
pect it contained some combustible matter, and there
being only a cord to fasten it, the trunk was opened,
when it was found to be filled Only with horse dung,
-.tea% and chalk. _
• 13011.tai firr.—About a fortnight ago, aolufant,
;seven months old, was found at the door of a poor
woman et East Acton. It was taken under the care
-of eirpiparish officers, who offered a rewarl of five
gaimiesler tke discovery of. the• person or persons
74...-Jaeiemi444akati
seenai-ese.
r
.... le i;elglittiilivisekthie the tithe; and from the p.
ptien • n(*theitilllt. Lirnberict , the conductor*
.mie•Dow.streetpetrelo,-treced them out to reside
itos Recliketer-raw, muster. .'On Monday he.
.t.kooghtuiithe Woman and the man, -who is a shoe.
i maker •in 'that neighbourhood ; also the. woman at
whose door the child was left, the parish officers of.
I Acton, and the deserted infant. On the woman see.
ing her infant she tear (*it, etembeaced it most at--I
fectiontitely, and appeared to be a 'true penitent for
her past conduct. 001111 investigation of the circum4
stances, it appeared thst she was the- wife of a
raymaster-Serjeant, who Lad been abroad: On his• I,
. Muni to England he folnd his' wife bad proved in-
I constant, and Wei fai'''Suirinied ha pregnancy.;, on
this discovery he deSetted heriqtkking with him hist
(wo chihirest to Guernsey. • The child ilte.droppedl
at Acton was what she was pregnant with at tho time.,
heuliasband reamed to England, and the *wean
iilo.4ltouso allele it at had nursed the two children'
:ibe hid by herlitsakaisti.. The ma who Mss with her !
lilt tin' lime of Mr theta* the child, she said; way i.
the raft"( of its lie,,lsi answer to dill,: dirroltot i,
'deny ha eiwg been intitaista' with her, but refused to'
erfhttowehltnielf tfolirikeicir, and defied her .tts.
' sir who' the • father W 14040611 hid received •.vitits
tram a Ge'llaild Meer belonging" to her - buibanil'e.
litleral,aa• . .This theotelitseirtedged to be tree; iiiiti
Promised' lioe to 4liistii4is ekiiid ageby. hot ,tp Pork,
-ft.it. In callatliflitat ii-11011- uo proceeding* 1•91r1
.owe 'gawk her.. .

an afllrasallve a ii
&tam Of lita Pia
fi4i'vritnel
•fy r, whrwme
-harbour. He dm
ver's wharf as beii
channel, towards
w.th considerable