The Statesman.
London, England, 1809-06-28 00:00:00

IVICKSIIIRE IPM,SI' RIDING.

VoLUNTEtitk
•
Yesterday %%Telt this Corps was inspected by
tick-Colonel Sleigh; and went through their
‘culutions its their usual masterly style. After
the inspection, Col. Fawkes, (late Member for
the Comity) addressed the regiment id the follow-
ing terms •
Voi.tr %Treas.
" As a very meat and material eh.lege Me taken place io
110 Votary/4er Liutbliannent Were we Lie met, I
.thick it my
limy to address rim on the subject, mid to consut with you
respecting our future proceedin-s.
.6 The change to %%bleb.' allude, is that which has erlles
Itleinrequence of a late &Wrath:Wino 01. 1144 AtibegY's Cio•
verrenent ti Withdraw those allowances which heretofore
ceahted the l'eletiteers to put themselves, fir a limited time,
dente; the mere- of each year, npou perraetwet duty.
I •itier theee aircum,raaces, I should. I ceecetre, be
nhnsing tee coefidence von do nes have ever placed in me,
It' I did not expresi to you my Etta and decided cantle-
lion that the Vniunteen ore. of this aelisure, deprived of
the Indy meals' which can eraide them to ma begin that ditel -
idler, without St hich no body of t.en can be eiflter useful to
their country, or relettahle an the's uweestimatien.
" Another.. servicc, huwevor, Vc4unteerr, Is now offered -
Al yeti, that of the Local. Mtt.lrl A —lt ferV:ce which; kt my
hatable opinion, is calculated to make Met" who engage in
it, both dfdemand mea, better tokliers than they cue nest
ever expect to be older the V alerneer system,
"In decluting leis service mytelf, 1.4-ty mourn:ly he
asked, and. vou hAve • right to demand of me, why
I do net avail myself of the °pp/triunity which nu* presents
heft t
" rteronsere shortly th-set--I hair served ;lithe tti•
litiaa it VoLlneers for fourteen sears, end liurieg that thee
I hate made two itexinn-n the service of toy Country;
both of chick, I am happy to sal., kive beet, apProved by
those Officers w hose proviuce it ens been to repo t their coo--
dicier. Ido met, however, row -diai vista! .to einemd my
services, or to undertake .be arduout ta,k of errnixirg a
third Cisrps. I wish to reign my preterwioaz in favour of
thew who are more active, aid, therefore, more entope-
tent: In deciding open every subject 4.f Impel-Mum, it is lit
that the mind should be free from mu. idly. I therefert bec
that, in your determination 'pews this neension, yea will
leave me entirely ont of the ryoestiori--. on must allow me, .
(relenting you, at the same time. my no-t heartfelt theaks
for nil your real, and nil your attention, for the confidence
you have twee pleated to place in me, met the swi4 action
your acqulretnentb hate at ill his s ntivd<d mr)—zero most
111h31T Ea*, I se., here to release yo a films every perinea*
oblient,on tit.—Shauld, my Metric, either the whole, nr
any lent of vans, determine to become leicril
h.aFi ou may ere anxious to know a hat nay feeling* would
be no the occasion.
lam eager to inform you—l should he Most happy I. we
you cheerfully and voluntarily acalst the offer of your Go-
vernment ; I sh.,ttid he to see }au place yoirsrlves
in e situation in w ich you may continue to be useful to your
einietry area contented with yourselves.
" Fuerwierg what veil have been, sad what on are eapa-
ble of heirg, I should've proud to hear that, as Local Mi
yeußiaintain that character which you have so much
to your humour already argaired, but which, if you remain
Volumeers, you mast 'too unquestionably and unavoidably
forfeit."

~o:

The Colonel then put the question to the Offi-
cers. Himself and Lieuleuant.Colonel Sir Heart
lbhertson, declined extending their service. Ma.
jor Han katvorth, on being asked fur his deter-
mination, addressing bimsull to his foliar-sot:
diers, said,—

" GCNTI.CII6/1
" As this is probably the last thee that ire 'nay Mmak
rtogetber as w Corps of V shutters, I caraot peesitfite Rath
peal to separate without tetanal% my gratelal Thanks
every lodivideal hi it, for the kiud witestion 1 MA* at all
times received as used its Field Olken. _

4irke " I bare had the hoaour to serve with yea date kit
enrolment, and I shall always bare the grade* la
reflecting, that our Regiment has, during this ti letalel4
as high .t degree of discipline's any ether corps of the gam
descoutimuti Yorlo,Mre.'
"-my Brother, Colmet Fawkes, Ana leafy maenad W
yon th.tt it wisi he imistwaible for as jo reserve Use chasm- •
"ter, fa fishier, if we remota Volanteen; I. Welehme, ut
my humble services to the Localllilitia. If vary Oaten 11/
Men of the Reghaset are of the same pongee, I shall be
happy to semi with thous is any skoatioa to which Iraq
be appointed."
"' About twelve Officers came forward and ten.
:Itened their services ; but the privates, strongly at.
Sachet! to the honourable 'character of Volunteers
-(which were, under the animating eloquence of
Mr. Fawkes, amongst the first corps in the king.
dom to embrace), ,wished for time to form their de.
cision, and declined, for the present to change the
nature of their service.

The Co!oval then again addressed the men,
shortly, and told them, that he was convinced he
could be of no further use to them as volunteers
constituted as that service now was. lie then took
his leave of them, repeating his thanks fat the kind.
ness and attention he had received from them, lied'
signifying to thorn that he should immediately 1111:
sign the command of the regiment. Betel* two'
and three hundred of the Wharsdale Volunteer*
have since enrolled their names as Local
and the number is daily increasing. •

Ait

-.so—
COURT OF KING'S BENCH.

.~

.

LAW INTA:LLIGENCE.
•
CONSISTORY COURT, DOCTOR'S COMMONS,
Tuesday, June V.

PORTER AGAINST TATLOR, VALIUM LUISE*
REUEL/ PORTER. .4-
This was a snit of Nullity of Marriage Ilwefight
by the husband avainst the wife, and it emirs en
before the Court by Pdon. It appeared In this
case, that the parties were married by banns, the
lady assuming the mine of Elisa Shepherd, instead
-of Hannah Taylor; which was her real and true
Same ; the reason assigned for this was in order to
deceive the father of the husband, in case be
ehould hare any objection to such marriage. Sir
Wm.Soutt was of opinion in this cue, that under
these circumstances it was a sufficient ground for
him to pronounce the marriage to be null and
void.

4

IrOWILSIND • N D MARTIN, ESQRS. D. PEN DOCK SARIS Y
I` LA I.E, E.SQ.
This was an action brought by the Windsor
Herald, and the Blue Maude of the Herald's Col.
beget against the befetadant, a young gentleman
of family and fortune, residing in the country, to
recover the sum of 980 L. 1 ls. bt•ing their charges
fur an investigation into the Defentlant'a pedigree'.
The charges were fur tracing it through 9,36 de•
scents, by which it appearod that the Defendant
was descended from Kings of Ireland, Wales, and
Jerusalem, at 58. a descant ; fur-deriving-the coat
of arms through 426 coats, at ss. a coat; for
making sketches of the,- arms, and for travelling
eapenees, to visit the Defendant, at his house in
-the country.

Mr. Arvoasele GIISIMAL, for the Plaintiffs,
said, that if a man chose to purchase a fool's-cap,
he must pjiy for it : 'goitre stalltitiam facies-
isle *pos." The Defendant ought to have bona'
contented with his riches, amid sot to have sought
the dignity of blood ; for, nowatiodsys, " stem.
rata quid lacuna." The Learned Attorney-
Geueral read several letters, to prove that the
Defendant superhsteaded the research into bis pe-
digree, and saw how it was proceeding ; and the
Attorney-General undertook, could he but te-
pin the draft of the pedigree, which the Plain.
tiffs ted delivered to the Defendant, and which
the "Defendant bad destroyed, to prove that not a
llegis one of the descents, the tracing of which
had been charged fur, was suppositious, and riot
warranted by evideece.
It was proved, that the references to the hooks
of the college iu which these descents were traced,
Were made on the draft pedigree, which the De.
faidientrhad destroyeJ ; and that it would be cc.
usury to go through the whole research again,
to order to prove the reality of the descents.
Mr. GAfteow, for the Defendant, adverted to
the emphasis with which his Learned Friend had
talked of his client's fool's-cap, and had heard it
laid down by all the Learned Judges, before whom
he had the honour to practise, that when a young
num came to De fitted with such a cap, it was the
duty of the providers of it, if they did not at.
quite a character as something else than fool', to
caution the young man against so expeisive an
ornament. That the blood of one of his client's
fingers was that of an Irish King, of another that
of a Welch one, and of a third that of a Jewish
one, was something too ridiculous even for a
Windsor Herald, or a Blue Mantle to cram down
his throat. "The Gentleman Woke at me," coo.
tinned Mr. Garrow, 66 as if I did nut treat him
With proper respect ; I assure hint I have all the
rispect for him, which the Learned Mr. Justice
Gould had, when he sat down upon a Herald,
mistaking him fur an arm-chair." The Learned
Counsel had not the least doubt, but that, if any
body were foolish enough to wish it, a Herald
could make hid related, in au equal degree, to
either Shem, Ham, or Japheth. Ae remembered
a Learned Friend of his, who came into Court
one day, prepared to trace his client's descant lilt
neatly from Adam : 66 Spars yourself half the
trouble at least," said the Judge who presided ;
le we'll be quite coisleht to take it from the de-
Inge." The fact was, that by the help of mo-
dern antiques, a Herald could prove any thing :
old deeds, old wills, or old tomb-stones, were
the principal materials of his fabrications. The
Learned Counsel alluded to the ingenious old
tomb-stone, which was deg up by an attorney,
itm order to prove a title to the Angel estate; upon
cross-examining this tomb-stone a little it ap.
peered that though the sexton had been digging
all day for it without finding it, the attorney took
the pick-axe and dug it up directly ; and this
was thought a decisive reason for disbelieving the
old tomb.stone. There was nobody in the king-
dem who might not have his coat of arms when.
ever he pleased, and cbuse to what great family
he would be related : every body knew the story
of the pawnbroker, who, when, upon going to
the Herald's College for his coat, he was told to
apply to the Rouge Dragon, ran away frightened
out of Ms wits, and declaring he would have no.
thing to do with any Rouge Dragon. The
Learned Counsel contended, that the Plaintiffs
ought to have proved the quatasughoweruil of every
item of their demand, and he particularly 'with.
stood the charge of 321. for travelling expences
in their visit to the Defendant, at whose 'home
they were sumptuously eutertairted on a shooting
party for a fortnight.
Lord ELLIXSOROUGM said, that if people
would have luxuries they must pay for then • and
that as the Defendant had himself destroyed the
draft pedigree, he must suffer for the failure of
proof which that destruction had occasioned. lie
thought it advisable, however, to snake some thw
duction from the Plaintill's charge; and hr
OS descents that were traced were included
tie 4t6 coats, the separate charges for the de:
scents might be disallowed ; be also thought some
didaction eight be made for the travelling ex-
po** of & journey, in which there was IN charge
for business done, and proposed the allowance of
Od. instead of 23. dd. per mile.--The Jury
fused a verdict 'tut the Plaintiffs—damages
If& lle•
•

THE

. cotorrbr.oommom Make.
. • ...:.., I 1',.. 1m . .
i 0 i L t .
.. .'• ' . • . "Tirtiderr June 27.
S rin, Ili "I inelleanibefore Sir Jaws* M ANS-
-4..; ••;•, ~, -, •
.11
1!" ' ' MUD. •
, . 44 Ittrame—that seta eitrevece should be,
'TN " 'Twiat iweidie-thiss slid Tweak-des."
S. tjuttaur v. nave moon, AS EXECUTOR or Ma
~., (I
.ipare cox.. SIOTRINIRLL.
The;Phlietilf is ran eminent musical composer
and teaehieti mod, the Defendant ostensible exec'.
tor of the hieoColoncl Bothwell. This was aft
action commented to recieterfselm the Defeadhat
a sum of above 6001, said in be due to the-Plain-
tiff by theleteColonel Bothwell, for instructions
upon the German flute and other musical inure-
mesas, and for personaldittemitnce and perform.
attce at private concestsigen lfy the Colonel sines
''' '• '
the year IBM.
•• I me
ti• The Plaintelr ini i cla *ere snpeorted upon the
evtdence of several witnesses, amongst whom
were three eminent musicians ; and the purport of
their testimony was, that the Plaintiff•had been
frequently in the habit of attending at the house of
Colonel Bothwell, in Albemarle-street, Picca-
dilly, and also at his residences at Hastings and
Bath, as musical professor sad instructor.
.The
witnesses themselves had performed' at those
places upon such occasions ; and the concerts
were always under the direction of Mr. Ashley,
to whose masterly suggestions and direction
mach of their eclat was owing ; and they were of
opinion that his claim for inch services was fair
and moderate.
The witnesses on the other side maintained, that
Mr. Ashley's attendance on Colonel Bothwell's
coneetts was merely as an intimate friend and
companion, Cud nut with any view of professional
pay—that he was hospitably entertained at the ,
Colonel's table, and always received as a visitor
rather than as a tutor. No demand for paysiMit
;was e'er made by the Plaintiff, from the WO.
mencement of his ectittalotance with the Colorsiti
until his death, shortly after which he sent in his
bill to the executors ; and so far was the Colonel
from considering himself under any pecuniary ob.
ligation* to the Plaintiff, that on a particular oc.
elision he presented him with 501. as a compli.
went, conceiving himself sip indebted fur his polite
attentions; but Mr. As ley returned the stun,
std declined to accept ito. such remuneration.—
allt did set appear the Pi tit!' bad kept any regu.
lar account of the number or dates of his atten.
dances, but had lumped his account In a gintor4l
demand.
Sir JAMES MANSFIELD summed up the evidence
to the Joryiesarking the contrast between the ell-
deuce on both sides. He was utterly at a loss to
conjecture upon what ground such an action
could he supported. No evidence of contract
spphared ; and it was, at, least, a fair presuctsp.
titan, that the Plaintiff expected no payment for
Ins services, whatever they were, after the refusal
'of 501. tendered to hintl.cs If, however, tint Jury
could find therchad bean any speesfic contract, di-
rect or even implied, it would then be for them.,ta
consider what damages they could sward. Part
the Plaintiff's demand was fur..services rende
seven Years ago, bet by the Statute of Limits.
tion, be could only recover for what had been done
fur the last six years..
1 RATES S. RITTER:SION.
the Plaintiff is an auctioneer and house agent
tdiin 1V lbe it tepet C d* h 9
1, siding II t. -I ) *MI Do -square—
Defendant a Gen n of fortune ; and the
on was for a sumtteor63/. ss. the amount of
(
%snimlision upon the *ale of a house belongs
to-thti'Defehdaat, at Walton upon Thames, red
for 30l$1::'
The Elefodant had paid 101. Into Court.
The cattle was sheillr this : The Defendant had
entered upon the Plaintiff's registry books a de.
scription of his house, and desired that persons
applying should be referred to the premises. 4
consequenceof the publicity given to this descrip
tion iu the Plaintiff's catalogue, a Mr. 'ruttier ap.
plied, and was referred ; sad after some negocia.
tion, in which, however, the Plaintiff did not ap-
pear to use any personal interference, farther thee
by referring to the premises, Mr. Turner pur.
chased them for 30751. It was proved, on the
part of the Plaintiff, that's card of the usual coos.
mission 'fees was shewn to the Defendant on bie
first application, and that he made no objection.
On the part of the Defendant, much stress was
laid upon the excessive charge made by the Plain.
tiff, who, it was contended, would have been am..
ply compensated by the ten pounds paid into
Court.
A witness for the Defendant also swore he was
present at one of the interviews with the Plaintiff;
that no card of commission fees was shewn to the
former; but that it was mutually understood the.
Plaintiff was to interfere no further than merely to
refer applicants to the Defendant, who was to take
the trouble of negotiation.
The Jury found a verdict for the Plaintiff--Da.
naps 301.

.

The defence was two.fuld. Ist, That a farmer
of the name of Manning was in fault, who had
Wrinkled* mooed receipt for the same upon • pre.
tenet that he bed lost the first. 2d, That the
Clergyman was inaccurate in his recollection, and
had really not paid fur the you as he alleged.
The Loan Cense BAILOti, in the course of one
of the must distinct and accurate charges to the
lay that ever woe pronounced, pointed out the
Mae/ of the first, and improbability of the se.

wad ilefea cc.
the Jery reeked for some time, and then found
a verdict for the Crown.
Mr. Also?, In the absence of the Solicitor_
General, conducted the Prosecutinn ; and Mr.
KsowLis, the Common Serjcant, the defence.—
The case, bough short in substance, occupied
the whole of the day.