Star. — London, England, 1811-08-08 00:00:00

SPORTING INTELLIGENCE. OXFORD RACES.—TUESDAY, MIGUST S. The Gold Cup of 100 go. value, with 100 gs. in specie, the horses of all Ages. Four miles. Twenty-out Subscribers. Marquis of Ely's Poulton, 6 yes - - 1 Yr bt rattan's Cambric, 4 yrs • • 4 Mr. Lownde's Witch of Endor, 4pa - - s The Town Plate of £5O for horses, Etc. of all ages. Four-mile heats. Mr. Taylor's Hopeless 1 1 Mr. Faulkner's Starlight 1 2 2 Mr. Amlirose's Tombo r 3 3 3 Each heat for this Plate was well contested ; after the 3rst heat starlight was muck the fkvounte. Owing to the unfavour able state of the weather, the Course did not shew Its usual dita play of company. HUNTINGDON RACES.—TUESDAY AUGUST e. The Postholm Stakes of SOgs. each, half forfeit, for three and. four years old.—Three years old carrying Est. four years old, 41b.—Starting at the Judges' Stand, and going once round the Course.—Horses having wan one Plate or Sweepstake, in 1011, carrying Sib. extra ; if more, 7lb.—Fillies allowed 21b. Lord Grosvenor i Barrnsa, 3 yes old, Bst. Sib. 1 Major Wilson's bay colt, Bolter, S yrs old, elst. 511,.. g Sit John Shelly named the Duke of Grafton's Whalebone. 4 yrs old, 91t. 41b. - • 3 Lord Suffield's chesnut filly, by Eagle, S yrs old • pd Sir Charles Bunbury's bay cult, Rival, S yrs old • pd Lord Lowther's Farmington, 4 yrs old • ' pd Lord Hinthingbrook named Mr. Elwis's Magus, 3 yes old pit Lord Kinrraird was a Subscriber, but did not name. Whalebone the favourite.—A good race between Barrosa and Jiolter. Same day.—The second and last year of a Sweepstake of Ten Guineas each, for three years old, carrying 6st. 91b. tour years ehl Bst. I lb. five years old 84t. 101 b. six years old 9at. and aged 211). two miles, starting at the half distance post. The win ner being sold for 300 gs. if demanded within a quarter of an hour atter the /ace. The owner of the second horse being first entitled, &c. &e. General Gresvenor's eh. c. Copenhagen, S yrs old - 1 Lord Suffielei's h. h. Ambrosia, S yrs old . • 2 Sir Charles Bunbury's Cressida, 4 yrs old - - • Lord Sandwich's, named Mr. Poyntz's, b. f. Hannah,3 yrs old 4 Lord Hitichingbrooke's ch. h. Juvenal, 4 yrs old - pd. Mr. Ftllowes', named Mr. J. Fletcher's, Esculapius, 5 yrs old pd. Lord Sackville, Mr. Fanner, Mr. 'l'. C. Browne, and Mr. ♦nnesley were subscribers, but did sot name. Copenhagen the favourite. The heat well contested between Copenhagen and Ambrosia, and won by half a length. Ihe day was extremity untavourabe, raining the whole, or greatesrpart of the time the races were running, so that the company (nf which there was less perhaps than ever was wit nessed on the first day of the races here) were eoufincel to their azai hazes, or the stands. BARNET RACES.—WEDNESDAY, AUGUST '7. The 'town Plate of .E. 54 for all ages. Four-mile heat.. 4114 winner to be sold for Mr. if demanded. - Prince's cit. b. Cuntly VT. Goothson's b. h. Patriot Air. Owen's ►. h. Arthur •- /tlr. :smith's br. g. Gaiety - IvTr. Vl',•atherby's br. h. P'uscus 14: Sadler's Bramble i 1 3 3 4 4 3 S 4 2 Even betting on Gandy, and t to 1 apt Patriot ; 2 to 1 oaths whiner attar doe hear. ---- ---- - The Hunter's Sweepstakes, rode by Gentlemen. Mr. Smith'. Gaiety - I 1 Mr. burgh% do. g. Strideaway - - 2 ‘..t Four others started which were not placed. Even betting on the winner, And 2 to 1 art Strideaway. Mr. Pwiee's lain (Gaunt was beat in a 200 gt. match by fitrideaw ay. Tie Course was well attended in numbers and respectability. LAW INTELLIG,ENCE. COURT OF CHANc.FRT, AUGUST S. NUISANCE. Sir SAMUEL Rohnt.Lic begged, in the case of the nuisance as to the soap work at Battersea, which stands for judgment, to direct his Lordship's atten tion to the case of the Benchers of Gray's In v. Doughtie.. He was aware that his Lordship was fully acquainted with the case, but he mentioned it now, because it had net been alluded to in the course of the argument on either side. The bill of injunc tion was filed by the Attorney-General on the infor mation of the Benchers of Gray's Inn, to restrain Mr. Doughtie from erecting certain buildings behind the wall of Gray's Inn Garden, which would have the effect of obstructing their prospect. The Lord Chan cellor refused the injunction, being of opinion that to obstruct a prospect was not a rµ►iss.uce, but, if it had been a nuisance which he was called on to restrain, it was clear that he would have entert.ined the appli cation coming before him in chat shape. A'fKINSON V. Sit:lief ASSIGNEIif. Sir SAWICZ. ROMILLY stated this to be a WI, Slel on the part of the executor of Mr. Richara Atkisson, praying that an account might be taken of the state dl the different trai►sactions between the deceased, and Mr. Hutchinson Muir, Robert Muir, and Wil liam Muir, who had been Iviv. Richard Atkinson's partners in trade ; that the sum admitted against the testate of Mr. R. Atkinson should only be his propor tion of the sum of 877,000, being the amount of the debts due by the partnership of Muirs and Atkin son, at the period of Mr. Richard Atkinson's death in 1785, and that an injunction should, in the mean time, be granted, restraining the assignees from mak ing a dividend among the creditors of the Muirs out of the proceeds of estates which were jointly the pro perty of them ail of Richard Atkinson. It appear ed that previous to the year 1765. Mr. Hutchinson Muir had carried on business as a West India mer hant on his own account. In that year he entered into partnership with his son, Mr. Robert Muir, and the deceased Mr. it. Atkinson. Mr. Hutchinson Muir, at this time, had two plantations in the Island of Jamaica, called Saxon and Caldwell, on account of which considerable advances were made by the company in the way of erections, furnishings, &c. by which a considerable debt was incurred, to secure which, Mr. H. Muir executed a conveyance of these estates to Mr. R. Muir and Mr. Atkinson. In 1781. a new partnership was entered into, Mr. William, another son of Mr. H. Muir, being admitted into the concern. The advances, on account of these planta tions in Jamaica, proceeded to increase. In the year 1785, Mr. Richard Atkinson died, and in the year 1793, the Muirs became bankrupt. In support of the present application Mr. George Atkinson, execu tor of Rd. Atkinson, made an affidavit, in which he ;Astore, that, to the b?st of his knowledge and belief, a considerable balance is due from the Muirs to Richard Atkinson, and yet that the assignees on the estate of the Muirs are going to make a dividend among the creditors of the Muirs alone, of the proceeds of those estates which belonged to the company of Muirs a nd Atkinson. Robert Muir, on the other hand, had made an affidavit, stating that the sale of a plantation, by the company, to Richard Atkinson and Paul Ben- jell, by which she balance was turned the other way, tad a considerable tem was due bt Aaiun* to the Muirs. He admitted, however, that no ac count had ever been taken, and ascertained between the parties; and he also admitted that it was from the property of Muirs and Atkinson that it was now ,intended that a dividend should be made among the creditors of Muir alone. In this state of matters the Learned Counsel had no doubt his Lordship would grant the prayer of the bill, and would stay the di vidend in the mean time. • 1 Mr. SUADWELL followed on the same side. - -1 Mr. RICHARDS objected to the extremely late pe. .riod at which the present application was brought, rout being till a farther dividend was about to be made, Mr. Richard Atkinson having died so long ago as the year 1785. He proceeded to read from the affidavit of Mr. Robert Muir, a variety of re ' ferences, and attempts at adjusting a balance between the parties ; also, that after the death of Atkinson, his partners had discovered that he had made pro fits of Government Contracts, and by shares in Go vernment loans, which ought to have belonged to the cornpaay. By a reference to Sir Samuel Hannay and Sir F. Baring, on the 12th June,l7BB, the result jscif the whole was, that on the 30th April, 1785, Mr. ' Atkinson was indebted to his surviving partners in 1 £31,.500, a balance, which, from circumstances stat ed by the arbitrators, might be increased, but could ' not be diminished. A suit was afterwards brought by the Muirs against the executors of Mr. Atkinson ' for the profits of the loan, but it was put a stop to, first, by Mr. George Atkinson leaving the country, ' afterwards by the failure of the Muirs. Various at tempts had since been made to obtain a settlement of taccounts, but the executor of Mr. R. Atkinson would " neither acquiesce in nor dissent from any proposals made for that purpose. Even when, on a suit brought by the creditors of Mr. It. Atkinson, the matter came first before Master Popham, and afterwards before .Master Thompson, t!‘it executor objected to the Mas ter taking the act aunt, on the ground that he had no jurisdiction in such a matter, it being a partnership account. The affidavit then went on to state the conviction of Mr. Robert Muir, that when a state ment of accounts shall have been made out, and Mr. Richard Atkinson shall have received credit for every. thing that hecnuld beentitled to from the Muirs,at the time of his (Mr. R. A.'s) death, it would appear that he was many thousand pounds indebted to the Muirs. Since the failure of the Messrs. Muirs several divi. ' (lends had been made among their creditors, and no' attempt to impede them had ever been made till now. Till this moment the Messrs. Muirs, or their assig nees, had never heard of any claim being made against them by the executor of Mr. Richard Atkin son ; on the contrary, the claims had uniformly been ' made by the Messrs. Muirs against the executor of their deceased partner. No claim, however, nor shadow of claim, had now been made out on the part of Mr. Richard Atkinson's executor ; and the Learn ed Counsel submitted that the mere statement of Mr. I George Atkinson could not be sufficient to prevent the creditors, who already had. as it were, a judg ttent in their favour, from receiving their dividend. Mr. HART and Mr. TROWER, on the same side, observed, that this bill had been tiled only within these few days, asking an account of transactions pre- vious to the year 17115 : and an injunction not for any period, or as applicable to any particular fund, but such an injunction as should have , the effect of stopping all beneficial proceedings under the com mission. What disposition had the executor of Mr. Atkinson shewn to bring these accounts to a 'cute ment ; and what obstructions had the Messrs. Muirs, or their assignees, thrown in the way of such a settle- I ment ? The conduct of the two parties had been I quite the reverse of this. Even before the Master, I the executor objected to the account being taken.— Why did he allow things to go so far, and then, when a dividend was about to he made, come with this bill ? If the present plaintiff had any good right, he should have come earlier, and by a petition In the bankruptcy, asking to stay the dividend. The Loan CIiANCELLOR asked what was the amount of the dividend to he made ? Mr. Timer said, one shilling in the pound, amoun- i ting to about Rsooo or £lO,OOO. The Lord CHANCELLOR asked, how much would be left behind ? Mr. HART said, the whole amount of these estates, this dividend arising merely from the proceeds. Sir S. ROSIILLT, in reply, begged it to be observed, ) that this was not an application by a creditor, but by the executor of Mr. R. Atkinson, warning the assig nees of the Messrs. Muirs that they were disposing of What did sot belong to the Messrs. Muirs, but speci. fically to the Messrs. Muirs and Mr. Atkinson. Phis' was the nature of the application. It was not like a I petition in bankruptcy by a person who was a credi- , tor, deairing that the dividend might be stayed, that he might have an opportunity to prove a debt, but only an application by a part proprietor of the plan tations called Saxon and Caldwall, requiring that the dividend should not be made out of these estates.— As to the lateness of the application, the present plaintiff could not know of the dividend till it was advertised. He had no wish, however, to stay the dividend, if the assignees could say there were other funds from which the plaintiff would be secured. It ' was a mistakcsto say there had been no step taken out the part of the executor to procure a settlement of these accounts. He was a party to all the references which had been spoken of. The result of one of these I references s!uewed a balance of 434,500 against Mr. 1 R. Atkinson ; but from this there was to be deduc ted £21,0n0, which had been paid by Mr. Benfield, and Mr. R. Atkinson's own share of the estate, with I neither of which sums he had been credited. The i objection to proceed before the Master was correct ; as, whatever had been done by him in a suit where , the proper parties were not present, must have been so much lost. The only question here was, if pro perty admitted not to belong to the Messrs. Muirs alone, can be divided among their creditors, to the prejudice of their executor of the deceased partner, be- l fore it has been ascertained, by an adjustment of ac counts, that it is to be considered the property of the su.vivors alone? He was surprised that the assig nees should insist on going on, as they must be respon sible themselves, having had notice that this was not the property of Messrs. Muirs. He again said he had ' no wish to put the assignees to inconvenience, if they would agree that no further dividends should be made. and that they woul roc* to have the state of accounts take". The toRD CHANCIMLOR said, if ails had heed in application on the part of a creditor, after a delay of 26 years, he should at once know how to deal with it; but the present was an application of a very different I nature, and one, the object of which was to prevent the distribution of that which was not the property of Messrs. Muirs, but of Messrs. Muirs and Atkinson, among the creditors of Messes. Muirs alone. If assig nees chose to divide the property of Messrs. Muirs and Atkinson among the creditors of bluirsaione, it was im- possible to say that they would not be personally liable. If the state of accounts were ascertained, and a balance were found to be due to the Messrs. Muirs, then they would be entitled out of these estates to make good the deficiency arising on the other assets of Mr. At kinson, but not till then. The length of time could in this case make no difference. Let the dividend now de clared be made without prejudice ; and let it go to the Master, during the long vacation, to ascertain the state of accounts between the parties. If there was a demand on either side, the Court would give i the means of enforcing it as well as it could. ASSIZES. BEDFORD, AUGUST 5. WAnotte v. BAILEY.—This cause, in consequence of a nonsuit, entered at the former trial having been set aside, came on to be tried again before Sir JAMES MANMVELD and a special Jury. The plaintiff, who is a private in the Bedford Militia, sought to recover damages for having been arrested and imprisoned contrary to law. It will be remembered, that the mill had neglected to attend a regimental school ; and in consequence of ex&essions, considered of a mutinous tendency, he was brought to a Court Martial, and finally acquitted. After a patient heating of nearly eleven hours, the Jury found a verdict for the plaintiff.—Damages, Al 4. 10s. Si. It was proved that all due diligence had been used by Col. Whitbread in reporting to his superior officer the proceedings against the plaintiff. The cause, WARDEN tr. WHITBREAD, remains for the Spring Assizes 1812, when the whole question will be again discussed. loakfng Tvonttg223M, about 19 yetts of age, find ii as Apprentice to Messrs. Abraham, Dickenson, and Son. woolstaplers, iu Leeds. The prosecutria was only la years of it.;e at the time the offence was committed. - and, up to Sirnday I.tst, servant to Mr. Cummings. chilorm an, of the same place. The offence was stated to have been committed to the night of Good Friday last, in a stable b e longing to the master of the priso ner. The parties ware acjnainted with each other.... An attempt was made to assail the character of the girl in a part which was supposed t 3 be vidneraqe, and which has hitherto always had great weight in charges of this nature. But the Judo refused to ad. mit evidence as to any specific facts to the d.sparage. snent of the prosecutrix, which were mit necessarily c.inottted with the present prosecution. This determi. nation the Counsel for the prisoner cnniid .red as con. trary to the practice which had ~t late prevailed its Ciurts on trials of this nature ; and this part of the defer.ce of the prisoner was n cessarily abaed HERTFORD, TUESDAY, AUGUST 4. SAP 4..11 L L tr. WOOD. This was another action against the Berkeley Hunt. The Defendant in this cause was Major Wool, and the trespass alleged to have been ci , mmitted in a place called Hanging Wood, on the Plaintiff's farm. A witness of the name of Knowles stated, that on the day in question he saw Major \Vo.'d, ?h the nni f.rm of the Club, riding in the wood in pursuit of a fox. On the other side, three Members of the Hunt swore, that Major Wood was never in the pl.tee al. leged, but rode round a different way. The Hon. and Rev. Mr. Capel was called to speak to conversations he had with Snoiall, the plaintiff in the present action, which in substance WAS—that he was made an unwilling plaintiff ; that Lord Essex had influenced his landlord to compel him to give the Members of the Club notices that he had sus tained no damage, not even a farthing's worth, and he had no objection to the hounds following a fox over his grounds. Another Gentleman of the Hunt deposed to the same expressions from the plaintiff, who had declared he was sorry to have been ind , iced to bring actions against his neighbours and former friends, and he had hoped Lord Essex woold have dropped them, hut it the action went on, he hoped it would be scouted out of Court. Lord alit/Isnot:gm observed, in his charge to the Jury, that if such WAS the Plaintiff's opinion dills own action, he need not to have troubled them with trying of it, but have taken a much shorter method, by releasing the Defendant. His declaration was, however, material in another point of view, as it went to the amount of the damages which he li.►d declared to have beau done. With respect to a tenant being obliged to bring actions by his landlord, such a co venant might be a very beneficial one to protect the inheritauce, when dismissed under a long lease, and if such a power were abused, it .14i not follow that it might not be used for very beneficial purposes. The Jury, after some deliberation, found for the Defendant. There was another cause of the same description. which wits withdrawn. SALISBURY ASSIZES. Jtan Lodi, a foreigner, was put to the bar, charged with having broken open the house of Harry Reeve, of Draycot, and stealing therein sundry articled of food, a basket of apples, a cotton handkerchief, and a clasp knife, the property of the said Harry Reeve. The prisoner has been in custody since last October, and was remanded at the last Assizes for want of an interpreter ; and although since that period several persons possessing a knowledge of foreign languages had been sent to him, no one had as yet been able to understand what he said, or make out who he was; at length application was made to the Transport Board, and a Gentleman from the Office was sent down, who soon ascertained that hr was by birth a Russian, who having deserted to Poland, was sent with the Polish Legions into Spain, and taken priso , ner. He had, it appears, made his escape from one of the depots for Prisoners of war, and atter wander ing for a few days, was driven by hunger to take the step for which he was tried ; he broke four iron bars from the pantry window, and took from thence a large quantity of food, which he devoured, and drank an immense quantity of wine•lees. It being washing day, the family rose at midnight, and Miss Reeve, a rang lady of ill, going down stairs with her mother, perceived by the draught of wind that something was wrong ; after a short search, they found him asleep under a tree in the orchard ; he was immediately sei. zed by Miss R. till the rest of the family came to her assistance,and he was finally secured ; when taken he drew a clasp-knife from his packet, and attempted to cut his throat, but was prevented. His real name is Ivan Koslova ; he was capitally convicted, but recei ved a hope of pardon, being reprieved before Baron GRAHAM left the town. TAYLOR 7. REINS. This was an action to recover damages for an RS.. Milt. 'Phe Plaintiff was a coachman to the Ware stage, called " The Volunteer," and the Defendant a tailor, at Ware. What the cause of quarrel between them was did not appear, except that it was steed by Mr. Serjeallt BIS; for the plaintiff, that the de fendant had written an abusive letter to the plaintiff's wife. The plaintiff went to the hause of the deten. dant on Good Friday to inquire for him. when he immediately and unprovokedly fell upon him won a stick, and beat him outrageously. There was no person present except a female servant of the defen dant's, whom he would not call, but prove the assault by . tlee defendant's own admission. Accordingly, two witnesses were called, who prove YORK ASSIZES. led that the defendant had said, at the public-house, T. Ripley was indicted for secreting and embezzling that he had given Taylor a d--d good heating, a letter, containing a ,E 1 Bank of England note, the . and he would give him another if ever he came to his property of John Hindle. I house again. John Hindle, of Leeds, proved, that in April last Mr. Bond, an attorney at Ware, proved • that the he wrote a letter to H. Simpson, at Londonderry, and plaintiff came to him immediately after the trensac inclosed a note of that value. He gave the letter to tion, and that he was very much bruised, and had hit J. Richardson, a boy, to be put into the Post-office at face badly cut and wounded. that place•on the sth of April. He did not take the i Mr. GARROW, for the defendant, said, this was number of the note, nor could ht identify it. I the &tat time he had ever heard an assault pr>ved by J. Richardson proved the putting it into the Post- confession, and hoped the Jury would not believ e a s ' office immediately. i as sault so preyed, J. Anderson, Clerk fn the Post-o ffi ce at Leeds, said 1 Verdict for the plaintiff—Damages ,120. ) the prisoner was under-clerk in the office in April last; ! Me Silas Storier was indicted for stealiug ett)3 in it was his business to take the letters out of the box : Bank-notes, the property of Levi Cowan, inemedie and stamp them. Witness was not always present ately from his person. avben the letters were stamped. Witness found a letter 1 The prosecutor was a travelling hawker and ped la laid open upon a shelf in the office, without the stamp; , l ar, w h o , in the month of July st, put up at she and upon reading it, it appeared to have had inclosed : Black Swan, at Ware. The prisoner had resided in in it a fel note. Witness learnt from the pris o ner the same house for some days, and slept in an adjoin where the note was, having promised it would be bet- ing room. On the 26th July, when the prosecutor ter for him if he told all he knew. lle directed wit- went to bed, he put his breeches, containing his mo. ness to look under a sieve in the office ; but having ney, under his pillow. Some time afterwards his swept the office in the morning, the sieve had been wife went to bed, and found them lying across his removed, and the note was found among the dirt lace and the pockets rifled. She immediately gave under the tire-place. Witness laid it on a shelf ; and an alarm, when the landlord came, and as the pri. Mr. Temple afterward retained it. sorter was suspected, he was searched, but none of Mr. Temple produced the note. He said the pri- the notes were found. The next day she saw him toner had been in the office, under the witness's pre- going tc London, on the censide of A coach, she decessor, four months, and in his employ eight. He followed in a chaise, and at Cheshunt he wars stopped gave hire an exce.ilt..nt character ; he had never been, and taarched by an Officer, when the notes were to his knowledge, an hour absent the whole time.— found tied up in his neckcloth. She identified three Six or seven respectable farmers from Cowthorpe of the notes. (where he was burn), gave him a good character. A little bey, e son of the lendlord, aged nine. who The Judge, in summing up, observed, that a clerk slept withahe prisoner, deposed, that when fir carnet in a post-office embezzling a letter was a capital of- to bed on the night of the robbery, lie lihartiy after. fence ; but Govenunent, nut of humanity, had aban- wards of up again, and he heard him open the cloned the capital part, and only proceeded for Larceny. latch of - Cowan% door, and when he came back be The Jury foural him—Guilty. sat up in the bed in the dark, and by the rustling he WiWans Hed;;son was charged with committing •a appeared to have got SORW papers. rape on the person of Harriet Halliday, of Leeds, The Jury'founahim Guilty, and he was sentenced single , woman. This trial occupied the unremittei to be transpdrted fix life. The Assize► cadet attention of the Court the whole of Saturday. The At the Ipswich town Sessions a bill of indictment Judge was nearly two hours recapitulating the eel- was found against the Churchwarden and Overseer dente to the Jury. The Jury. after miring an hour of St. Mary Stoke, fi* a conspiracy, in sewing irk and a half, delivered in a verdict of Guilty ; but beg- orphan pauper to a cliiiinney-weeper and nightreen ged leave to recommend the prisoner to mercy. The in London, after the Magistrates had refused their Judge said, he was directed by the law to inquire the consent. The boy was only eight years of age. yeeson on which they founded this recommendation i Mr. Baron Tnosisov, before leaving Lincoln. re. when the Foreman (without consulting with his fel- grieved the four men sentenced to die, namely John lows) said, they had no very substantial grounds for It'dsd 1 the recommendation. The p r isoner is a respectable lal e 1 and Daniel Cooke, for sheep stealing; awl the two ailters, for robbing the Made -