Star. — London, England, 1819-08-03 00:00:00

I I t~ /' i 11 LAW INTELLIGENCE. 1 ft .~' _t }, I - COURT OF CHANCERY, AUGUST 2. TM PORTSMOUTH DANK. )Er-PARTE THE ASSIGNEES IN THE MATTER OF MIN CHIN AND OTHERS, BANKRUPTS. Mr. CULLEN stated, this was the petition of the Assignees of the Bankrupts, praying that the pro ceedings under a commission nf banckruptcy, which is.aed on the 10th of November last, might be depo sted with his Lordship's Secretary of Bankrupts, until an application which was intended to be made to the Court of King's Bench, was decided ; that ano ther commission might issue ap-ainst the bankrupts oa the petition of Alexander M'Leud, a creditor; and that the Secretary of Bankrupts should be at liberty to produce the proceedings under the first commis sion to the Commissioners under the second, if they should think it necessary. Mr. HORNE said, it was his duty to interrupt his Learned Friend. As a petition was presented to his Lordship to supersede this commission, with costs, he could only look at this . petition as a maiicerivre of the assignees to get rid of the petition of his client. Mr. Mos:raouE said if it was a manoeuvre he and his Learned Friend (Mr. Cullen) were the culprits, as it was presented by their advice. The LORD CHANCELLOR—I NVill hear this petition, at the same time bearing in mind that there is another petition pending. Mr. CuLLEN stated, that the petitioners were cho sen assignees by creditors who had debts against the bankrupts to the amount of £32,000 and up'. wards; that there were most important proceedings taken under the commission ; that there had been ten private meetings of the Commissioners, besides pub lic ones, and the bankrupts had passed all their exa minations. The commission issued on the petition of Messrs. Mastermans, bankers, in London, and the assignees brought an action to recover a debt due to the estate ; it was tried at the present assizes for Southampton, before Mr. Baron Zilraharn. There the defendant raised a question as to the vali dity of the commission. The Learned Judge was of opinion that there was a good petitioning credi tor's debt, but the petitioning creditor's Solicitor being privy to the acts of bankruptcy committed by the Bankrupts, they could not hold, as Messrs. Mas termans were answerable for the conduct of their Solicitor, and the Jury returned a vet diet for the de fendant. lithe Court of King's Beach granted a new trial, it could not come on till spring ; and although Baron Graham was of opinion that the acts of bank ruptcy were not good as to Messrs. Mastermans, yet he was of opirrion they would be good as to any other petitioning creditor, and of course would be valid as they related to Mr. M•Leod. lie had the affidavit of Mr. Bridge, the solicitor of the assignees, which set forth, that his clients had entered into con tracts for the sale of the real and personal estates of the bankrupts, and had received mortgages from debtors to the bankrupts estates ; and also had re• ceived several sums from other debtors, whom they had brought actions against for the recovery, but which were abated by the payments made, and that they, the assignees, had assets in their hands belong: ing to the bankrupts estate amounting to I.:35,000. He .(the Learned Counsel) could not conceive any thing more useful than that his Lordship should use the judicial power which had been placed in his hands, and grant the prayer of the petition ; and, in his opinion, there was nothing that could be so per nicious to the ends of justice as superseding the com mission. Mr. NlowritouE followed. Mr. HART, counsel for the petitioning creditors, Messrs. Masterman's, said his clients were ready to submit to any order his Lordship might please to make for the benefit of the creditors. Mr. IlortsE said, he was certainly put to great in convenience by the way this petition had been brought on, as his clients had not been served with it, although the assignees were served with the petition to supersede the commission. He held in his hand the affidavit of one of the assignees, made in January last, in which he swears that he did not believe there was a good petitioning creditor's debt. The LORD CHANCELLOR—From the little I have heard and seen of this case, the step that is asked to be taken by this petition is a most important one, and most novel in its nature. Many important matters may take place if the commission is superseded, and also if it is not. Hand me up all the petitions, for it is necessary I should be in possession of all the in• formation they contain. I however cannot help say , ing, that I doubt whether the acts of bankruptcy will support the commission. I will read the petitions and the affidavits this evening, and give you my opinion to-morrow morning, for it is a matter of great con sequence that it should be immediately known whe ther the commission is to be upheld or not. Further consideration postponed. ASSIZES.—CHELMSFORD , JULY so. OYSTER AND SOLE FISHERIES. THE KING V. WILLIAM SUTTON AND OTHERS. This was a case which excited a good deal of inte rest. It was an indictment against four London Fishermen, named William Sutton, Edward Fresh water, Arnold Freshwater, and William Sloper, for unlawfully taking two pecks of oysters, and oyster brood, from the oyster layings of the Burnham River Company, on the 17th of June last, by means of al certain instrument called a traul, contrary to the form of the Statute made in the 31st of the king, for the better protection of the several oyster fisheries siithing this kingdom. The prosecution was conducted at the instance of the Burnham Oyster Company, by Mr. GURNEY, Mr. ANDREWS, and Mr. BRODRIEK ; and the defence at the instance of the Corporation of the City of London, by the COMMON SERJEANT, Mr. BOLLAND, and Mr. JesSOPi., The object of this proceeding was to determine the right of the London Fishermen to traul for soles , vster grounds of the prosecutors; that the operation of trauling was roung oysters and oyster spat, the invent with a good deal of iron purpose of dragging along the and catching soles, and thereby same time, as was alledged, a ;oung oysters, which would be ht oithe machine. It was proved defendants, on the 17th of June t ii upon tn.ibuet n l og h u l t r oe ic he t e ed , O y y toh s t! s trawl being an instru work, made for the bottom of the sea, ar • destroying, at the s great quantity of y crushed by the weigh in this case that the ast, were seen traiiling for soles in the'Burnharn River, and that they brought up about two pecks of young oysters and oyster spat, which they threw overboard again, reserving only the soles. There was no - thing to shew, that the object -of the defen dants was to take oysters ; on the contrary, the whole evidence was, that they had come there exclusively for the purpose of catching . soles ; but it was insisted, on the part of the prosecution, that it was not neces sary to shew that the defendants went for the pur pose and with the intention of destroying oysters, in order to bring them within the penalties of the Act of Parliament ; for the bare fact of dragging their trauls over the oyster grounds, without taking (liters, was quite sufficient. - - he passengers, and said he treated himself with a p th in e t h o o f net. beer, Th and is b a o t u c g e h u t n la a u t i ed lf fer b t sl he iel de nt - lic h i e e a n n c s for yof 9d.—Remanded. SALBRURT, AUGUST I.—EXECUTION OF R. WAT KINS FOR MURDER.—This criminal (whose trial was liven in the STAR of Saturday) was removed early 'en Friday morning last, from Fisherton jail, to a place called Moor -stones, near Purton-Stoke, in the parish of Purton, where a scaffold and gallows were erected, just opposite to the spat where the murder was committed. This wretched young man was ac companied to the place of execution by Mr. BUTT, Solicitor (who officiated as Sub-Sheriff) by Mr. Dow ding, jailor, and by the Rev. Mr. HARRISON, Chaplain of Fisherton prison. At an early hour of the morn ing, and at the time of the execution, the number of persons in the road and neighbouring fields were im mense. That which was not seen in the prisoner, was evident in most of them—a fearful and breathless anxiety, a solemn stillness, and a deep expression of melancholy thought. There was in him a composure and resignation V orthy of a better cause ; and were not the proofs of his guilt striking, almost beyond example, his firmness of soul must have extorted compassion in all, and a conviction of his innocence. He was earnestly and feelingly entreated by the Cha plain, and Ly some who were deemed likely to make an impression on him, to disburden his soul of part of its guilt by confession ; but he was decisive in his denials of any participation in the deed, and only al lowed that he was close to the spot where the mur der was committed ; in every other respect than that of confession, his behaviour was proper and becom ing. Near to the fatal spot, the cart passed his wretched mother ; he looked steadfastly at her for sonic moments, and with a gentle inclination of head and great expression of feature, seemed to take an external farewell of her ; but soon after, on the cart stopping from some obstruction, she came up again, and he shook hands with her without losing any of his composure. On the scaffold he joined in earnest prayer with the same unsubdued firmness, and at his own desire, read aloud the 108th Psalm, " 0 GOD my heart is ready and afterwards said to the crowd— " GOD bless you all." On the hangman's adjusting the rope, lie observed, that it could only " kill the body ;' the action of his lips and hands shewed that he was absorbed in prayer till the moment of his death. He was launched into eternity exactly at a quarter past two o'clock, and he died without a struggle. Almost at that instant of time, and before the last convulsions were over, a loud clap - of thunder burst over the spot where the innumerable multitude had collected, and for half an hour•afterwards, re doubled peals reverberated through the heavens.— The crowd, who behaved throughout with great pro priety, then quietly dispersed. The body of Watkins, the: being suspended the usual time, was delivered to Mr. Wells, a surgeon, for dissection. Considering the shortness of the notice of the execution, the con course of persons who attended to witness it was truly wonderfull ; it is supposed that between 10,000 and 1.5,000 persons were present. Two hundred special constables were sworn in on the occasion ; and the awful ceremony was gone through in an orderly and quiet manner, making, apparently, a suitable impres sion upon the numerous spectators. Sunday se'nnight Cockermouth and its neighbour hood was deluged by rain arising from the thunder storms. In the neighbourhood of Messer a water spout burst and did considerable harm, washing a great quantity of hay down the river Ellen, and a cow, which was drowned. The lightning struck a house in the neighbourhood of Eaglesfield, known by - the name of Eaglesfield Cragg, which penetrated through the roof and set a bed on fire. A cow be longing to Mr. Hodgson, of Allonby, was killed by the lightning. Whilst a numerous family, of the I name of Birket, residing in the neighbourhood of Alston Moor, were sitting round the tire, the light ning descended down the chimney and threw the whole upon the ground ; they soon after recovered from the shock. A young girl was severely burnt and a boy much hurt, but the lest were little worse. The subtle element was attracted by almost every piece of iron in the house, extracting nails from the wood, and throwing whatever implements were made of that metal considerably out of their place. Considerable damage has been done in the West of Cumberland, by the late inundations of the rivers Derwent, Cocker, Ellen, Keckle, Calder, Tot, Mite, &c. Saturday, between twelve and one o'clock, the in habitants of Chamber -street, Goodman's-fields, were visited by a remarkable hurricane from the East. From one end of the street to the • other there was a continued cloud of dust ; in such of the houses as were open the furniture was blown down and scattered about ; sonic small houses were unroofed, and at the back of the Red Lion a two storey ladder was over turned which a man was ascending, who, fortunately, was not hurt. The people on the street kept with difficulty on their feet, and several were blown down. All this took place in about a quarter of an hour, after which the air became quite-still. James Fitzgerald, a stout bodied man, about fifty On the part of the defendants it was urged, that they could not be convicted unless it was clearly shewn that they had come " for the purpose of catch ing or destroying oysters." These latter words were introduced expressly into the Act of Parliament, and as all the evidence negatived any such purpose, the defendants were entitled to an acquittal. Mr. Justice PARK, after consulting with Mr. Ba ron GARROW, stated, that his Learned Brother and himself were clearly of opinion, that the words "for the purpose," over-rode the whole clause upon which the indictment was founded. As it appeared, there fore, that the defendants had not come for any other purpose than that of fishing for soles, they could not be convicted upon this Act of Parliament, of the offence now imputed to them ; his Lordship, there-1 fore, directed an acquittal, and the defendants were found—Not Guilty. MANSION House.—Yesterday James Mitchell was charged with stealing an immense quantity of goods from the shop of Messrs. Flint and Co. haberdashers, on Fish-street-Hill.--Mr. T. Flint, jun. stated, that the prisoner was their h.ad shopman, and not only sold gorids, but was entrusted to buy largely, as their confi.lentiarl agent in the concern. Ile was always considered to be an unmarried man, and was, in consequence, admitted an inmate, and slept in the house. Some time since he asked permission to sleep at the house of a relation, who resided out of town, and where, for the benefit of his health, he proposed to go each Saturday evening. Leave was granted, but the prosecwtor, on more than one occasion, hap pening to meet him in a quarter different from that where he proposed going, suspicions were excited, and he was watched.—An officer stated, that on Saturday evening he was in waiting, and saw the prisoner at his usual time leave the prosecutor's shop. He fol lowed him ; but it was evident from the round he took, that he apprehended some one was after him. Witness stuck to him as close as he could, and of length saw him take something from his hat, which he appeared desirous to conceal, but still went on. After making numerous windings and turnings, he at length entered a haberdasher's shop, in Portugal street, Lincoln's-inn fields, where the witness followed close to his heels, and laid hold of him. Upon search ing him, he found in his possession a quantity of rib bons, silks, and other articles, which, after some he sitation, he admitted having taken from the stock of Mr. Flint without his leave.—Mr. Flint said, he came into the shop soon after the apprehension of the pri soner, and found, to his great surprise, that the latter was himself the owner, and that it was kept by his wife. He proceeded to examine the stock, and found the greater part of it to consist of his r•wn property— of goods too which he had never missed. In fact, he considered whatever else remained to be his property also, although he could not positively swear to tlfe articles. Upon his asking the prisoner to account for so much prepe ty being in his possession ? lie replied that he bought the goods of the house, and served himself, and elat he had paid for them as any other customer woild have done, by giving regular checks for the mon.7. The witness, however, had made very diligent search and enquiry, but was unable to discover that any such checks - had been given. A large pile of goods, consisting of scarfs, shawls, flan nel, hosiery, gloves, haberdashery, &c. of all descrip tions, and amounting at least to a cart load, were re moved from the house, being identified by Mr. Flint, as his property.—The prisoner was remanded. Bow-SrazEr.—Yesterday W. Brown alias Lintot, only twelve years of age, was brought up on the ex traordinary charge of stealing a hackney coach and horses. A charge of fraud was also made against him. R. W. Hebbard, driver of a hackney-coach, stated, that on Sunday morning he took a party to Richmond, and on stopping at Putney-bridge to pay, the toll, he found the prisoner riding behind his coach. He spoke to him, and as the boy pretended to be known to several hackney-coachmen, he per mitted him to ride on to Richmond. On his arrival there some of the party agreed to return with him at ' a certain hour, and he went to dinner, leaving the boy to take care of his horses, and giving him six pence to procure refreshment. On his return, some hours after, he learned to his surprize, that the boy having procured five passengers at '2s. a head, had driven off with the coach for London, and told the ostler that he was authorised to do so by the witness. years of age, who travels on a sledge, has been corn- The latte- came to town, and having got scent of his milted to the Ilouse of Correction, Kendal, for vagran coach, he traced it from one stand to another, until cy. During his examination, be acknowledged that he found it in the rank in Bridge -street, Blackfriars, he had been a member of " The dierrvari Opera," St. and the young Jehu on the box. Anxious to see how Gaes's—that be had frequently got from five to ten the boy would behave, the witness called " Coach !" guineas a week in Landon by begging—and that at and the urchin, with all the skill of an old whip, Lord Nelson's funeral he got twenty-five guineas!— cried out, " Yes ' your honour !" and drew up to the He has travelled frequently through every pa r t o f th e pavement, to let his passenger in, little dreaming who kingdom, and has been committed for vagrancy up it was. He drove him to Bedford-street, Covent- wards of eighty times. He complained grievously of garden, where be got out and asked the boy his fare? the trade being so bad—that somebody had spoiled it and was told Is. 6d. He then gave him in charge. both there and elsewhere—and that begging was above On searching him 7s. 3d. were found in his pocket. a hundred a year worse than it used to be !! The boy said, the prosecutor when he saw him at The Proprietor of the Hark-forward Coach, which Putney-bridge, hired him for the day to look after runs between Halifax and Wakefield, has met with the coach while he staid at Richmond : and when he a most extraordinary, but lamentable misfortune. went to dinner, he desired him (the prisoner) to en- Symptoms of surfeit having made their appearance deavour to procure four passengers in addition to upon some of the horses belonging to this coach, a those who had promised to return with him—that pretending farrier was sent for; he immediately pro having done so, and waited long after the appointed' seeded to rub them all profusely with a strong pre hour, for the prosecutor's return, the Gentlemen be- paration of mercury, which has proved fatal to every came impatient, and at their request he consented to one of them. No less than nine useful horses have drive them to London, knowing that the prosecutor; thus fallen victims, in two or three days, to the des wouldiollow. Hebbard denied hiring him, and said perate ignorance of this empiric. he gave him money merely from compassion, as he • A negro, named Roger Hope Ellitson, died on the seemed hungry. The boy declared that Hebbard did 31st of May last, on Hope Estate, Jamaica, at the hire him, and had done so before, and knew him very astonishing age of 140 years and upwards. He was v, ell. Hebbard declared on oath, that he never saw a father at the time of the great earthquake at li the boy until Sunday.—When questioned by the Ma- maica in 1692, and had his last child, a daughter, gistrate, the boy acknowledged receiving 10s. from born when he was nearly 100. L~ '~. SIERRA LEONE QUARTER SESSIoAN, In the beginning of Al,ril, a Maroon, namc'i: 1 ~ was tried for the wiiful murde r o f Diana 81)••,1,1 whom he had been intimate upwards ‘,16;; 11 . ‘ :• • ' ' 4 The prisoner's connection w i t h t h e victiri '.'" ). -- jealousy originated in the We st Indies, "herer.l6-' NET quarrelled and separated. Ile manied 411 1 ...--- .......• the Isle of France ; she a West Indian, Dian:s,:‘ had a family ; the children were grown nn, 4 ,,4 ' 7: llct of them were married, but she was still ...1 wises , T attractive appearance, and had sever a l sa:tra..i-,- e the death of her husband, Webb renewed l i i. cr „ . `' Pa Lion with her. It was continued, wills e :A4; te 4 0e3 1 : ruptions, arising from his jeal o u s y, unt il eh -En - i•Jat w ill I sion of the crime. He became jealoo, ~f O rl r rn : Jarratt. The latter, on the '24th of Fehiam, , e ''• izajo ..,th, fasted with the deceased at her farm, a',. k c:' ,-,g D close to his, and on returning home, saw iht:-.; On with a gun in his hand, a cutlass by his side, t I : :Ins, On bag slung round him, going toward s t'h e lara if.„4„ deceased. Shortly after Jarratt 'heard Old itp., n6 . mon a gun, and was immediately struck w i t h t h e - , Gil that the prisoner had shot Mrs. Spence, h:,O , • rsc him frequently threaten to dostroy he r . U pon J i -,,, , Al: to her farm, he found her in the front o 1 the h. lying on her faces dead. Upon her forehead th , i... , were some slight punctures, apparentl rradet Os i l .i sharp instrument, and a large and &co T i , ,, , „ ef wound under the left breast, through 14;6 1 heart could be felt. Webb was not to be s=ea, b, had been met soon after the shot was fiied, In . ' ti ' n Maroon women, who spoke to him, but reeeit'ed , .poi: reply. Jarrett then ran off to tell the brothers of .. ,ip..i deceased. One of them, named G. Cummings, 7,811 with a determination to shoot the murdeieii. tie , '..47- often remonstrated with his sister upon the im, , .tn• piety of cohabiting wi:h Webb ; but she reba . him, said she was the biggest, and would iii - s as , • • .;r :.: pleased. Accompanied by another brother of th e . . 1 ceased, and two other relatives, Cummings wen .111! pursuit of Webb, whom they traced +1.40 • .' country to the native town, called Fur.kia, ard 1.:: ‘ Whale River, on the way to Cape Shilling. The:i . p!-.• had swelled greatly, and the pursuers were convi , . ?,!; that if the murderer's conscience did not urge hix . i t• • plunge amidst the waves, to get rid of life, hew. „ not attempt to cross, and that they should soon ... him. The next moment, on turning a corner, met the prisoner, and all levelled their muskets - him at the same moment. He gave himself ~ begged that his life should be spared, and said, • oi! reference to the murder, that he was sorry iiir ‘i.* : a") he had done, but that sottething had come over h : d„1 and made him do it. ( . .,i After evidence to this effect had been given, . sant confession of the prisoner, without induceinta • Is) ti promise or threat, was read. It agreed with his i in h fence, which was, that he had been at aplay with ; of neighbours, where the deceased and Jarratt were p . Lavi sent, and conversed together; that next morning •• Mai quarrelled violently with her in talking en the , Wa, ject, and was struck by her daughter; that on . ' v 1 day of Mrs. Spence's death he saw her sitting t tl ~e breakfast with Jarratt, placed himself behind a :A. Yet and heard him ask her to live with him, i•i ..i . ho she seemed to have no objection, provided he i••: il large house; that after Jarratt had gone ay.. • (the prisoner) went from behind the bush and . . Xi. 2 after I.im,and then resuming his position, leveliedi t o gun for the purpose of frightening her, but, by sot d misfortune it went off upon her starting.—Tiepi soner was pronounced Guilty, and hanged on • I l6th of April. BIRTHS. • • Friday in Parliament -street, the wife of John Bowyer S .....: chols, Esq. of a daughter. At New Ross, the Lady of John Byron, Esq. Samerx i ' - Excise, of a daughter. July 26, at Edinburgh, the Lady of Lieut.-Col. James Inil, • ~. of a daughter. • July 29, at Coombe Ledge, near Reading, the Lady cf • . Rev. George Hunt, of a daughter. • Lately, at Blackhouse, near Wigton, the wife of Mr. Ihili . Clark, of three sons, who are all likely to do well. ';-. Friday week, the wife of James Harrison, one of the turnkey 1,. at the Preston House of Correction, of three fine girt,--Jse , likely to do well. 1 Wednesday sennight, the wife of John Theiwall, Police id cer of Liverpool, w.:s delivered of one male and twohew children—the male was born alive, hut died soon after. Ty The wife of Joseph Richardson, of Upton Warren, Won* tershire, a labourer at ten shillings a week, was &liven:Jaw •i , 27th of March, of four girls, who are now all alive. • ,! 1;14 ED. • . July 24, at Rockhall, Lady Margaret Grierson. Wedne,day, in Berkeley-square, Thomas Graham, rig. I I Kinross and Burleigh, N. B. and M. P. for the county of K:::::4 I] At Sin ylodge Ali,urne, Isabella, wife of Wm. Steel 11,:t- -' son, D.D. In Demarara, aged 26, Dr. Francis Power, eldest son die late Mr. Thomas Power, Assistant-Surgeon of the Ito : a C - F 6 • • of Cork Militia. July 2.1, at Dollar Fi.ld, Miss Margaret Wilson, daits! , :r% Andrew Wilson, Esq. type-founder, C;lavtow. Friday se'nnight, at Dumfries, Mr. William Putter, 07 1 .. well known Crown Inn, much respected. Friday, at Wells, Somersetshire the Hon. Samuel Kilt% late Lieutenant-Colonel in the 51st ' Foot. He was one ' l7ll kit the few that survived the glorious battle of Minden, aside k 4 severely wounded. Saturday se'mtight suddenly, a young man, in the Libc:A of Limerick, front Linking soar milk while in a rer.reatt R NEWGATE AND LF. A DF.NHALL MARK ETs, .11.'c; I (By the Carcase.) Beef ... .. ..... :...'s 04 CO 46 6.1 Veal 4, Od to . - 'i 11 - -oil Mutton 4s 4d to .5s Od I York 4s bd to ofd I e:1 Lamb, 5s Od to 6s Od. ..... ii; r - : PRICES or HAY Asa STRAW Y ESTE it D.: i. ~ -. ST. JAMBS'S. WHITECHATFI. A Cr Hay 41 0; 01 to 61 Os Od flay. . :',l .5s to el lii: ~ gt Straw II 168 Od to 31 Os Od 1 New c10..il 12s to 0 1 0 1 :" • e Clover 01410 s Od to 01 Os od Straw 21 103 to 21 us A .nsia i - it re 'sa l Town Tallow w CE or TAL 6 I 4 ,O s o W d , savOiotAvteerPr,o7u&lghc.O.sp..e.r.C.O.l.ll2.; .6.: Yellow Russia , ... ..... 61s od Yellow soap . ..... .....- ..ir I White ditto - . he Soap ditto Melting Stuff -----..; , ti . • :: COAL MARKET, AUGUST 2. 11 Ships at Market. Ships Sold. Prise. 50 Newcastle 27i 30s Cd to iXri sib 40sj.„,' 15 Sunderland 9 54s 3d to , e d --- MAILS THIS DAY.—AnR. Ill!k• 016 0 lit ( Duhlin 1 liLi i • t Lisbon o I Waterford 1 1 France 0 . k Guernsey and Jersey 0 1 I liamburgh 0 1 Holland 0 0 I Gnttenburgh s Flanders 0 0 1 Malta 0 ____.... .11. .7 , 11 ' HIGH-WATER at LONDON BRIDGE TO-Mt', “, .Mtniing - - - 37 m'putes after 1 : Afternoon - - 4 --- ---- .-1 ----- ---._. •j' i. ' r LON DON ; Prineil and published by Lint Ks: 1 . , Place, Temple-Du.