Star. — London, England, 1811-03-07 00:00:00

COURT OP aUfo's BINcH, MARCH 8. DAMIVIY O. DAUSZNY. This was an action for a breach of comas% the daina;es of which were laid at 440,000. The two plaintiffs, who were the sister and the widow of a brother of the two defendants, had, on the Bth of April, 1806, their father being then living, entered into a deed of covenant, to divide all the property their father might leave to any or either of them, equally among the whole of them or their children. The father afterwards died, and left the bulk of his property to the defendants, his executors, who refused to perform the covenant. Lord ELLINSOROUGH held such a covenant legal and beneficial in the case of a probability of a captious disposition of property ; but the present plaintiffs were nonsuited, because the action was brought in assmiuit against the defendants jointly, his Lordship holding, that they had not promised jointly, and must be sued severally. Mal V. RASIILTINIL This was an action to recover 43000, upon a Bill of Exchange, drawn by a person named Goodhere, and accepted by the defendant. The facts of the case were as follow :—The drawer of 'the Bill, a distant relation of the defendant, resided at Manchester, and being a young man just commencing business,the de fendant had given him permission to draw on him to a certain amount; and the mode of transacting bu siness was, that Goodhere having drawn upon the de fendant for any specific sum, say £5OO, previous to such Bill becoming due, another acceptance was given by the defendant for any sum which Goodhere might want for making up the payment then becom. ing due; this second acceptance was usually forward ed to oodhere, at Manchester, and he procured it to be discounted at the Preston Bank; and the money so procured was forwarded to Mr. Haseltine in town, to be applied by him to taking up the bills then be coming due. This proceeding had existed between the parties for some time, and was well known to the plaintiff who was the most intimate friend of Good- here. In the course of this dealing, however, Good here had become considerably indelited to the defen dant, and a Bill for £2,900 being nearly due, the acceptance in quest:on was given by Mr. Haseltine, to enable Goodhere to remit money to take it up ; but when Goodhere attempted to get it discounted at the Preston Bank, his credit having received a shock there, they refused to discount it. This circumstance he communicated to the defendant, who, being alarm ed, immediately dispatched one of his clerks to Man chester, with a messae to Goodhere, desiring him to return the £9OOO Bill` immediately.; during the inter view which took place between Goodhere and the clerk of the defendant, the plaintiff was present, and ca Goodhere desiring the clerk to assure the defers. dant the £3OOO Bill should be applied to no other purpose than raisins cash to take up the Bill for 42,900. The plaintiff repeated what Goodhere said, and also desired the cleric to inform the defendant, Goodhere would do very well, and all would be right. Notwithstanding this, Goodhere afterwards paid the £3OOO Bill over to the plaintiff, who now sought to waiver upon it. The defence set up was, that the plaintiff knowing the purpose for which the Bill was given by the de. fendant, was mot entitled to recover. The Jury were of that opinion,. sad satamead a verdict for the it. indent MARCH 6....KOLDRX V. "%KATZ Mr. PARK stated that this was a feigned issue from the Court of Chancery, to try the legitimacy of the in fant plaintiff John Golden, who was unquestionably the child of John and Elizabeth Golden, both demur ed ; and the question was, whether the parents were legally married ? Mr. Golden was in his life-time a ' stone.mason, in Upper North-place, Gray's Inn-lane, in the parish of Pancras, who bad amassed property to the amount of 5e30,000, and who died suddenly without a will, leaving the only child, the present plaintiff, whose legitimacy was the question of this issue, itad the defendants his next of kin. The other facts which Mr. PAKK opened will come out better in the course of the evidence upon which only Ap pended the truth of the present question. Mrs. Neesham deposed, that the was housekeeper n Sir Philip Francis, for 3.years, and knew the late Mrs. Golden who had been an attendant to Sir Philip's two daughters for some time before the witness entered the service, which they both left in Tune, 1800 ; the I witness to be married, and Mrs. , Golden (then Mrs. ' Langrish) to live as housekeeper to Mr. Golden. Mrs. l Langrtcli objected at first to take Mr. Golden's shim.' tion, as hc bad lived with his former housekeeper, Mrs. Rockets, in a state of concubinage i • but the witness removed het scuples, i and persuaded her to accept she place. While she lived in the family of Sir Philip Francis, she conducted herself modestly andi with reserve, and was greatly esteemed by the fa, MAY. In the spring of 1801, the witness called upon Mrs. Langrish, at Mr. Golden's, but was told by the; servant that she did not know such a person as Mrs. Lab — trial - I upon which Mr. Golden came out of the parlour, and said that Mrs. Langrith was then Mrs. Golden, asking the witneu to walk in. She did so, and when Mrs. Golden told Mrs Golden who the wit item was, he expressed his gladness to see her. Mrs. holden told Mr. Golden that if he was satisfied with , ' her ass wife, he might thank the witness for penes- I ding her to come and live with him. Mr. Golden re plied that he should be glad to see the witness at any time as a fiend of Mrs. Golden's. The witness had alen Mrs. Golden before, since her leaving Sir Philip ' Yrancis's ; and Mrs. Golden now told her. that she less married when she called upon the witness then,l mod bad her ring, though she did not tell the witneu Sam In all the visits she made to Mr. and Mrs. Belden, both then and afterwards, they appeared as Irian and wife. Mr. Golden seemed very much hurt at the death of his first chili, particularly as it was a 107. 'The witness learnt from Mrs. Golden, that Mr. golden always took her wages to the Bank, while she 'was in his service. The witness had met at Mr. golden's, Mn. Few sister to Mr. Golden, Mr. Foot, "sad Mrs. Edzazol e his niece. She well remembered sae birth et tile plaintiff, to s*.'m Mr. Golden ap-1 and Muth attached ; there was a third child also, o was dead. Upon her cress-examination, this witness said that Mrs. Golden's first vis t it to her was in October or overober. The reasons she afterwards gave for not vowing her marriage then were, that Mr. Golden vas a p served pact.teigir Math tholia. tree au; veil `.. ► ate had Ist they aia aet,wish tlll 114 10114fy.a.■;1 Ha. Golden told the witness she had been in the anatry ; but the witness did not ask where the was =Med. • Mrs. Lettice Beal, sister to Mrs. Golden, residing *Weymouth, said, that she heard of het sister's ant!' riage soon after she went to live with Mr. Goldeste,W wrote to her about it, to which letter she got an anew + . fres Mr. Golden himself ; which her husband, who was now on a voyage, had long since destroyed. She rnmenvbered, however, that it ran thus--"'llitsibeth Langrish that was, is now my lawful wife s I was snarned in June (or July, the witness did not recollect which) : I did not see any necessity for comißg to Weymouth to declare our marriage, as I knoll r no person there but Mr. Russel, Mr. Richard Weiods, OM Mr. William Langrish." The letter was sirnad ''' John and Elizabeth Golden." The witness Clime to London four years afterwards, and was at her sister's house two days and a n*ht. Mrs. Coldest was in every respect treated as Mr. G.'s wife. Mrs. Foot, whom the witness knew long befere,caned while she was at her sister's. She always directed to her sister " Mrs. Golden," and was answered" Elizabeth Golden." Upon Upon her cross-examination, this witness said that she and her sister never talked about the of her imstriage ; and that Mx. G.'s former never went by his name. Upon her re.examination; she said that her sister died of a decline; and, in answer to a question. from 1 the Bench, she said that it was in the same year with her letter of inquiry that she received Mr. Golden's answer. Mr. Pearson, clerk of Mr. Hayes, attorney for the itintiff, proved the register of the baptism from the parish of St. Pancras, of " John, son of John and Eli-' aabeth Golden, born March 14, baptized Nov. 14," and of " Robert, son of John and Elizabeth Golden, born July 5, 1802, baptized July 29 ;" and also the register of burials from the parish of St. George the Martyr, Queen -square, containing the name of " Eli, . ['sixth Golden, 27th of June, 1807." i Mr. Benjamin Mason, stock-broker, said, that on, 1 the 21st of January, 1804, Mr. Golden, whom the I ran' ess had known many years before, and who had• before apprised him of his intention, brought Mrs. Golden to his office, as his wife, to transfer her four `per cents. into Mr. Golden's name. She was de scribed in the transfer ticket, " Elizabeth Golden, late Elizabeth Langrish, now wife of John Golden." The witness met Mr . Golden some time afterwards in , Holborn , with a little boy in his hand : he said, "this is my son." He always called Mrs. Golden by that name. The witness also saw Mr. Golden three or four days before his death, when he came to *MO his stocks together, and to transfer some stock, as he described it, belonging to his wife's sister Judith, whom he was executor. [ Mr. Mark Hanger, clerk in the Bank, produced the transfer ticket., signed by both John and Elizabeth Golden. - 4,3* and bad !Vette:9ly met him at . 6 es Ares. He recommended his wife and -.sr to deal at the witness's shop, whither he had accompanied them. He once told the witness, that one oi the ladies at his house was ill ; the witness asked Which ? and he replied, My wife." Mr. Samuel Keld, acarpenter, had also known Mr. G. for 20 years. He sent for the witness, August 15. 1804, to make a small deal coffin for his intent son, un ornamented, as he meant to inclose it in a stone coffin. The boy, he said, should be buried as near to his father as he could bury him for the present, and if any thing happened to him or his wife, he should be re-interred in vault which Mr. G. meant to provide. The inscrip tion was, " Robert, son of John and Elizabeth Gol den, Upper North-place, died August 14, 1804, aged --." On the rld or 23d ofJune, 1807, Mr. Golden seat for the witness again, to bury his wife; he said he did not want any thing ostentatious, only plain and neat. Mr. and Mrs. Foot were to attend the funeral. The violets then got a piece of ground for the vault, whither the son was removed. The inscription on Mrs. Golden's coffin was, " Elizabeth Golden, died so and so, aged so and so." He seat for the witness .4 third time, on the last day of the same year, to bury his wife's sister. He said, " I and my son, and Mr. , Foot, will attend the funeral." The witness asked, Shell I bury her with Mrs. Golden ?" To which Mr. G. replied, " Damn it, no ; that's for me, ms boy, and his child, if he should have one." He, on occasion, iatroduced his wife to the witness's mo ther-in-law, in the street. He told the witness to con sult his wife what gloves should be given to the ser vants upon the occasion of his son's funeral. This wh ites' also remembered a sale of Mr. G.'s goods, after his death ; the linen was marked " E. G. John Renshaw, workman of Mr. G. said that be was ordered by his master, a fortnight or three weeks :Were his wife died, to apply to St. George's burying ground, Queen's-square, for a place for the burial of his family. The witness was also ordered to make a tomb-stone " To the memory of Elisabeth, wife of John Golden, and also of Robert their son." Mrs. Golden was then in a dying state, and Mr. G. then frequently saw the stone, and upon her death marked the age " 42," in the blank which was left for that purpose. Mr. Golden died suddenly, at the age of 62, upon which the witness fetched Mr. and Mrs. Foot, who remained in the house the sane night ; Mr. F. till the day following ; and Mrs. F. three sinks afterwards. The wittiess was ordered by Mr. William Ulyate to remove the tomb-stone, in order to bury Mr. Golden his uncle. The grave lay open six weeks, and was then put together. Several weeks afterwards be was ordered to erase the whole in scription from the tomb -stone, and to inscribe the grave to his lat. master only. Upon his cross-examination, this witness said, that six weeks after his master returned from the country, he told him Mrs. G. was his wife. It was known how ever a fortnight afterwards among the servants. Mr. Burroughs, surgeon and man-midwife, atten ded Mr. Golden's famil 1800, Mrs. Rockett being Elizabeth Paring, ladies' monthly nurse, remem- , _ ..ar. ty in bored that about six years ago, Mr. Golden called en then his housekeeper. He attended Mrs. G. upon her, and said that his wife was dangerously ill, and her confinement with her first and second child, and the witness must attend her immediately. She had had no reason to believe she was not Mr. G.'s wife. been before applied to, to attend Mrs. Golden as The Plaintiff's Counsel then called several trades. nurse, but this call was six weeks sooner than she ex- men, to whom Mr. G. introduced Mrs. G. as his wife, petted. She went, and continued there ten weeks, with orders to trust her accordingly ; and among them j ig during which time Mr. Golden's third child, Robert , Mr. Wi , who said he always thought Mr. Golden wee born. He was christened the Sunday before the a sin ar man, although he did not think him capa witness left, his sponsors being Mr. and Mrs. Foot and ble passing the woman for his wife who really was Son. Mrs. Golden was churched before the chris- not. telling. She was treated in every respect as Mr. G.'s Mr. Herbert met Mr. Golden in September, 1807. , wife, who was very attentive and well-behaved to her. at Hastings, when he introduced Mrs. G. and a little She was quite a modest woman. The witness recol- boy, as his wife and child. lected, that one day, as they were discoursing upon ' The ATTORNILY.GISERAL then addressed the Jury the custom of newly-married couples to take a trip on behalf of the defendants, intreating their attention into the country, Mrs. Golden approved the fashion to the above dates, and laying before them the fol and said, that she and her husband went to the Isle lowing case : of Wight for six weeks, in a post-chaise. Mrs. Elizabeth Boardman said, that she kept a i i Mr. John Wilson, surveyor of Dou hty . street , knew lodging - house near Cowes , in the Isle of Wi g ht, and ' , Mr. Golden more than 20 years : e often met him remembered a person of the name of Golden lodging at the King's Arms public-house, C apel.street, Bed- with her for three weeks, towards the end of the sum ford-row :he recollected his going into the country mer of 1800, with a lady who passed for his wife.— and his coming home. After this he asked the wit- Mrs. Golden did not go ont at all, except once to ness home to introduce Mrs. Golden to him as his Carisbroke with the witness's servant, who proved the wife : he was accordingly several times at their house, parties were not married then; Mr. Golden went often when Mr. G. always treated Mrs. G. as his wife, to Cowes. Nothing at all was said about their mar which the witness had to reason to doubt she was.— riage.. There was no levity in her manner • and Mr. G. al- Anne Mitchell, servant to Mr. Golden, remembered ways spoke of her as his wife in her absence. The Mrs. Elizabeth Langrish coming home on Saturday witness had heard Mr. G. joked at on account of his i the lath of September, 1800, her master having at.- ' marriage at last, at the King's Arms, which however ; rived the day before. She came, as the witness sup. he never denied. • The witness saw him constantly ; posed, in the capacity of housekeeper. Mr. Golden about with his children, particularly the plaintiff, of ' said, " Well Betsy, now you are come to stay with us whom he seemed remarkably fond. He was also very for a continuance." They at first slept in separate beds, touch affected by his wife's death. I on separate floors ; but one day they went out very 1 , Mr. Thomas Hight, stationer, in Holborn, had also I privately, as the witness thought and told her mother been acquainted with Mr. Golden more than twenty `at the time, for the pqrpose of being married. This years, having been on the Court of Assistants of the was at the beginning 161 October, and they staid four Carpenters' Company, and dined regularly once a ' hours. They did not say any thing when they came month together, and the witness having succeeded back, but had their dinner as usual. Mrs. Langrish him as renter:warden of that Company. The witness did not take her left hand glove off for some days ;1 I had met Mr. Golden in the street, with a lady; whom but at lan seemed anxious to display the wedding-ring be introduced as his wife, and having sometimes called upon it. The witness perversely refused to notice it, 1 at his house, although he had never eaten or drank although Mrs. Langrish took every pains to induce 'there, he had no doubt Mrs. Golden was his wife. her to do so. Within a day or two, Mt. Golden called 4)n one occasion the witness found him very low, her up into the parlour, and raid, " Nanny, I have , having just lost his sister-in-law, who, he said, went got something to say to you. This is your mistress off just as his poor wife did. The witness knew of (pointing to Mrs. L.), and you are to obey her as his absence for two months, when he went into the such, even though she should countermand what I country, as he did not get his balance as renter-war- order." The witness replied," I thought so ;" upon den paid him till his return. , which Mr. G. asked, with a violent oath, " what busi- Dr. Sandernan attended the family of Mr. Golden, ness have you to think r' Mr s. Golden's pregnancy and remembered his calling upon the nitness and say- was then rather visible, but that was as much as ie. ing, " I have taken your advice at last ; I have mar- was. The witness paid particular attention to her, as tied a young woman of neither family nor fortune, she was herself privately married. She never heard but I hope she will make me a good wife." He then where Mrs. Golden was married, but she really and desired the witness to call and see her ; which he did, in her heart believed she was se. The witness and . and knew his children. Upon one occasion when he her mistress used to jeer a little about their marriages, called Mrs. Sandman was in his carriage, upon which the former saying, in allusion to her visits to her hus ' Mr. G. said, " 'Would it be presuming too much to band while she was not known to be married to him, a* Mrs. S. in to visit Mrs. G. I" The witness re- " Oh, Nanny ! how could you live with a man before plied, " By no means ;it was a cold day, and Mrs. S. you were married to him ?" and the latter replying, would willingly come in :" which she accordingly did. " I have never lived with him before I could shew my The witness had not the least suspicion Mrs. G. was ring and certificate ; here they are." bhe left Mr. not Mr. G.'s wife. He attended Mrs. G. in her last Golden's s 'rvice on the 16th of January. illness, which was a decline ;he also attended her Elizabeth Cawley was servant to Mr. and Mrs. sister, who lived with them, and died six months after. Golden for five months from March, 1804. She sat wards of the same complaint, which she had contrac at the same tabie with her mistress, who often told tr.l by her attention to her sister. The witness had a her she was married At Hastings on a Saturday, and ring sent him upon Mrs. G.'s death, which he had advised the witness, it ever she married, to select that lost. He remembered, however, that the inscription day on account of its good luck. When a reward of ran " Elia. Golden., died awls a day, aged so and so." SOO was offered try „the plaintiff for the discovery of Mr. William Scarlettt jewsPit. liad 411,10 Lawira Mr. and Mu. Golden's maniage•register s *Witold Mt , - . • • - atm. Golden had said, that he might -.cn in the sight - register, and obtain the rewardi... When the witness first went to her place, she thought her master and mistress were married, but as they saw no company but Mr. and Mrs. Foot and family, and as Mrs. Golden always went out of the way when any body called, she took up an idea that they, were not man and wile, and left the place. Upon her cross-examination, this witness said, that at the time she was in Mt. and Mrs. G.'s service, they never went out together at all. He called her "Betsy :" the witness never heard oo wife." He went out every evening. • The defendants' Counsel then proved search had been made for a marriage licence in the name of Mr. .Golden in the dioceses of London, Rochester, Chi , cheater (for Hastings) and 'Winchester (fur the Isle or Wight); but that no warrants for such licence could • bp found : and that the marriage-registers of the 14 parishes within the bills of mortality, of the parishes in the environs of London, of the parishes through' ; Surrey generally, of the parishes 8 miles round Hast lags, and of all the parishes in the Isle of Wight, from many years before the supposed marriage till the plaintiff's birth, but that no register of John and Eli zabeth Golden's marriage was to be found. Mr. Robins, the attorney referred to in the adver. tisement for the marriage-register, offering £6O for • it, proved that it had beta published in twelve dif ferent newspapers fifty-five times without effect. Mr. Pane then replied at length • and • Lord Ea.ureaoaovott recapitulated the whole evi dence, putting it to . the Jury, that the probability upon the evidence was, that Mrs. Golden was not mar riedtill after her return from the country, if she was married nt all, and that the ascertainment of her pr&- nancy induced the step. If she was married during the three or four ::ours to which the defendants' witness spoke, the marriage must have been solemnized . in one of the parishes. the registers of which had been searched. If the event of the marriage had been remote, od the proofs were to be established after the death of all the parties, considerable latitude would be allowed.; . but in this ease the transaction happened only teh years ago; and the question was, whether the defen dant's search did not, in a very considerable degree, repel the presumptive evidence of Mr. and Mrs. Gol den's passing as man and wife ? was this presumption so strong as not to be repelled by the negative of the fact, which the defendants had adduced ? The Jury, however, found their verdict for the plaintiff, upon which a shout of approbation was sent up from the back of the hall. The trial of this issue lasted from eleven o'clock in the morning eighths the evening. Y • Yesterday the KING walked on Windsor Terrace from 12 to 1 o'clock, accompanied by Mr. DUNDAS, Serjeant Surgeon, the other Physicians being under examination before the Council. At 2 o'clock the KING came out from dinner, and walked from 2 till past 3 o'clock, attended by Drs. HEBERDEN and Wm. cis, and Mr. Dusnas. Yesterday the Archbishop of CANTERBURY, Duke of Motereosa, and Earl AYLESFORD, arrived at Wind sor Castle, and held a Council with her MAJESTY.— The Physicians attending his MAJESTY were prestos. Atter the Council, which broke up at two o'clock, the Members partook of a sumptuous entertainment provided for then). The folloWing is an exact copy of the Resolution moved on Tuesday in the House of Commons, by Sir JOHN NEWPORT, to be incorporated with the Standing Orders of the House : " That in order to afford to the people of Ireland an odesuate opportunity of communicating to Parliament their representations on the probable effect of Legislative Regulations sad Provision,, exclusively affecting that part of the Unked Kingdom, and thereby lessening the inconvenience and injury resulting from the distance to whkh the seat of the Legislature Is removed from them, it is fit and proper that a like interval of time* should be required to elapse between the secos.d reading and committal of all Publics Bill, exclusively affecting Ireland, with what is new directed between the first and second reading of Private Bills respecting Ireland, by the standing order of June 'ROL" a • 'lids interval is 21 days." The Committee of Irish Catholics having termina ted the necessary arrangements for the presentation of their Petition to both Houses of Parliament, have ad journed to the third Tuesday in April. Yesterday a Court of Directors was held at the East India - House, when Captain JOHN BLANCHARD, of the James Sibbald, took leave previously to de parting for Madeira, Madras, and Bengal. JOHN SPAN, late of Bristol, wai unfortunately killed in a duel, in January last, with an Officer of the gar rison of Trinidad. Last night the third Oratorio for the season was performed at Covent-Garden Theatre. It consisted of a Selection from the most celebrated Composers, and was received with distinguished marks of ap plause. Madame Caracas' gave some of her most . favourite Italian Airs in her best manner, and Mr. BRAHAM executed the pieces allotted to him with his usual skill. The boxes were but thinly attended-- , a circumstance Which every friendto the Musicalscitlice • .aatust sincerely regret ; but which - we trust was oeca T .stoned by thehadneis of the evenidg; rather than by , . any delay of taibe in - :the polite worieh- The Messrs. AsscErs deserve eeery - stegree of raise for the de. lightful treat .which . they have furnished for the pre.. . sent season. On Tuesday last, a bargeman, near the floodgate • on the river Lee, at Bromley, discovered part of a human head above the surface of the water. He ins. mediately hastened in his skiff to The spot. and ex claimed, gi Here is poor Mr. Flight I" The feet , am.l legs being deep in mud, with some difficulty be get ' the body into his boat, and conveyed it to his discon. iodate family at Stratford.—Mr. Flight was an eminent miller and. mealman of that place ;. and, nearly a month ago, he spent his evening at the sign of the Harrow, which house- he left late in the nihgt, in. =leafed, and is supposed then to have fallen into the River. Although frequently advertised and a good reward offered for the tecovery of his perv'n, no in. telligcnce could be okt.ined till the:above period, yet ' several men employed for some days trzether. This morning N. Ilegurn, late aniatsiga in the -army, and 7: /Rite, a drummer boy, were eiiecutA in front of Newgate, for an abominable crime. White appeared to he about 17 or IS years o f age , an ia sur d wildly tonna when brought ont.upon the sca Flepbuin was a miserable and squalid looking wretch, *bout 50 years of age, wiih nothing of the appearance of art ttißcer or a gentleman, and seemed extremely anxious to conceal himself from public view. Tb -r -were both launched into eternity after spending a few seconds in prayer with-the tlespana.