Star. — London, England, 1825-03-28 00:00:00

"7110 . . . I 1 LAW REPORT. . - ....M1011.... COURT OF CHANCERY. MARCH 26. REAL DEL MONTE MINE. . The LORD CHANCELLOR was twain attended by Lord Lauderdale, who sat near him during do? greater ran of the discusion of this case. Mr. SHADWELL proceeded with, and ciascluded the observations he commenced with ) esterday ; he was followed by Mr. SUDDEN, the g eneral scope of whose argument was, that the plaintiff's bill was bad fur want of proper parties ; and that if ever there was a demur ter which ought to prevail'it was in the present instance. Mr. B:ostensrarn was the next Counsel in order to address his Lordship ; the Learned Geralenian,however, sAid,.he was-satisfied with the manner in which the case II id been argued ; that h: felt it quite unnecessary on his part to add anything to what had aheady been urged ; and the more partionlarly as lie was extremely ansious ta have his Lordahip's judgment this day. The Loin CH A NcELLoa—You need not save yourself on that account, for I shall certainly not give my judg ment hef' re Tuesday. The Scoaceroit-GeNettm. replied at considerable length, and the pleadings of Counsel having terminated, The LORD CHANCELLOR said, this was an application, originally es-parte, for an injunction, and he thought that what had passed hail gone a lung way to prove that he was right in debiting the defendant to be before the Court. There was one point, he said, with which he had no concern—that was, that it was alleged on the one hand, that Mr. Kinder did very properly' retain to himself fifty shares in the first concern; and it was alleged on the other hand, that he had no right to any more than twenty-one. Tile parties dife feted very much on the conduct of M. Kinder. He apprehended that a Judge had nothing to do with con siderations of that nature. It was not for him to make observations upon points, with reference to which he was not entrusted, unless such conduct formed a bar to the relief which was asked. He had nothing to do with it, and should therefore dismiss from his considoi ration all that had been said on each side, with refer ence to Mr. Kinder or Mr. Taylor. The question tyros the demurrer was a mere question of law ; for in a de sputter, all the circumstances stated in the bill must be taken to be true, even if there was not a word of truth in them. One question was, did the bill state a suffi cient cause for an injunction, taking all the facts to be true? or was there not a want of statement of a parti cular sort ? that point of itself, even if the parties had been heard cx parte, would have called upon the Coutt to have said it could not grant au injunction, and he was dismissing from his attention altogether the question taised at the bar; he meant the question with respect to the legality of the present undertaking, and ninny other undertakings of the present day, in which many men of rank and fortune were engaged, and who he was sorry to say bad not been apprised of the em barrassments in which, one day or other, they and their families would certainly be involved. He thought there were many of the Companies of the present day that would be nuisances at Common Law, though they might no; fall within the meaning of thestatute of the 6 Geo. I. so as to subject the projectors to the heavy pe nalties imposed by that Act; but if persons formed themselves into Companies, never intending to continue Members of such Companies, but raising, upon the love of gain, very large sums of money, it would be for those who understood the law better than himself to say, whether, if persons should happen to be en gaged in a Company, not meaning to perfect it, and selling their shares in the meantime, whether that would not amount t a fraud? He hoped he did not travel much out of his toad, when he said that he humbly thought it did very much concern individuals, if the reports which had been given out were true, and it would become them seriously to consider in what si tuation they stood. He begged to have it understood, that it was not upon any such principle be applied his consideration to the present case. With regard to the question, how fir a Company of this kind might be viewed as coming within the description of a nuisance at Common Law ? it was a question which required his most attentive deliberation before he ventured to express any decided opinion. It was not necessary for him to say more at the present moment upon a point which required such accurateinvestigation; there were other points upon which he would be well pre pared to give his judgment at this instant, if his cape- . sieoce had not taught him that it was next to impossible for a Judge to be quite sure, when he cast his eyes over the multitude of papers in which such a case as this was enveloped. It eras for these reasons he should defer giving his judgment until Tuesday morning. Ha I...nisi:4) then took a review of some of the leading facts of tt e case, observing particularly upon the man ner in w!iich this Company !lad been originally formed; adverting to all the matters of arrangement by which the Company had intended to carry on their operations, it would remain for him to consider, by a more careful ex imination of the papers and documents submitted to him, whether the defendant, Taylor, or tire Committee appointed for die management of the concern, could authorise any individual to deal with any other mines than those which constituted the subj •ct of the original sio culation, so as to render that auttiority assumed by them binding icon the Company generally ? It neither Mi. Taylor could assume the right, nor Mr. Taylor and the Committee of Man igement could delegate such a right, it came to this question, whethei the acts Mr. Taylor or of Captain Vetch, the agent, were acts with reter.rice to which their interference, if it was unauthorised, tl.e Company had derived an interest available for their own advantage is exclusion of the defendant Taylor, and those under whose authority he bed acted? Ills Lordship proceeded with a variety of general observatiqns referable to the course pursued by the Directors, and those w; o had assumed the manage ment of this speculation. lle then remarked, that there had b en one person taken to task for nut deciding more of a case than the necessity of it dernatuled. if the person so pointed at was himself, all lie could say upon the subject was, that when he retir.d how the discharge of his official duties, he should carry with hint the conso:ari.nr of having never pronounced his ultimate decision upon any case, without first fully vdeighing and considering it in all its possible bearings, and without having sat shed his mind that lie had omitted no view of the rail ct upon a hich his decision 'ought to be founded, for he considered there was no than for a Judge to determine necessarily fall within the range regard to the particulsr ca-e be ta any cam whatever. It was 'pit:ion upon all such irrelevant opeir for decision wlon the pecu called upon the Judge to decide them. His Lordship hveirg thrown out these ohm eat one, said he should deter what he had further to rem irk, and should endeavour to dispose finally of this question on Tuesday morning. LENT ASSIZES. YORK, MARCII Sta. Richard Huh/ernes:, aged 22, was indicted under Lord Eileteborough's Act, for maliciously shooting at, with intent to kill, Robert Manners, at Pocklingtnn. It appeared from the evidence of the prosecutor that he was a carrier between Pocklington and Hull, and had occasionally given a lift on theroad to the prisoner. On the 11th of December last, about twelve o'clock in the night, he was accosted by the prisoner, who re quested permission to ride in his cart,which he had been in the habit °fallowing him. The prosecutor stated, he consented, and they travelled together, and the prosecutor fell asleep in his cart—in that situation he remained until awakened by the effects of a shot, which he received under the right ear, and which traversed round the head until it went out at the left ear, but without doing material injury. Tile prisoner was not in the cart when the prosecutor was thus disagreebly awakened ; he, fearing whoever fired the shot, might fire a second, started off with his horse at a quick pace, and soon after the prisoner came up to him in some confusion. On inspecting the cart, which was a covered one, it was quite clear that no person outside could have fired the shot, as there was no hole or aperture made in the covering ; and from the direction the ball took or► the prosecutor's head, it must have been fired by a person close to him and lyiag in the same level.— The prisoner was apprehended, but nothing was found on him to warrant a conclusion that he had fired the shot. On searching about the place neer where the shot was fired, a bag contain.ng some balls and a detonating pistol was found concealed in a bush close to the road. Evidence was given, that a pistol similar to the one found had been In the prisoner's custody a few days previous to the circum stance, and the bag in which it was contained was fully identified as belonging to him. Verdict—Guihy. thing mote dangerous points which did not n of his judgment, in teg fate him, or, indeed, i better to reserve bas op points, le.iving them of liar nature of a case ci Pr - THREATENING LETTER. Mirk: Holder and David Gardener were indicted on the Statute 4 Geo. IV. c. 54. for feloniously sending a a letter to the Rev. Edmund Cartwright, clerk, threat ening to accuse him of a shocking crime, for the pur pose of extorting money. The indictment contained thirtrtwo counts,so as to bring the case,by proper inuen does, within the scope of the. Statute. This case excited considerable interest. The Rev. E. Cartwright deposed, that having some flower plants at Pulborough, which he wished to have brought to Arundel in a barge by water, about a quar ter before seven o'clock on Saturday, the 26th of Fe bruary, he sent for the prisoner Holder, who is a barge ' man of Pulborough, to make arrangements for carry ing them on the Monday following. The parlour door being wide open, Mrs. Cartwright came in, and then it was settled that the prisoner should go for the flowers on some future day, and he was sent away. A few minutes after seven o'clock witness went out of his house to go to the play, which had been bespoken by his wife, and wishing to make the prisoner some little recompense for the trouble he had given him, told his servant boy, C. Tune, to call Holder back. The boy immediately went after the prisoner and brought him back, and witness met them in the High-street of Arun del, and gave the prisoner a shilling. Witness then went to the Theatre, being then about ten minutes after seven, and remained there until half-past ten. About four o'clock on Monday following, his servant•boy gave him the letter now produced. The lettcr was put in and read. It was expressed in the worst orthography, and dated 4 , Arundel, 1825." It stated, that about eight o'clock on Saturday evening, the 26th of February, the writer saw Mr. Cartwright and Charles Holder, is a lane, conducting themselves in a manner too horrible to mention. Jt then threatened that if Mr. Cartwright did not give the writer satisfaction, he should write imme diately to Mrs. Cartwright. The letter then concluded in these words : You ut him about the Rev. that was houng, and the tad that lived with him. If you chews to satersfy Holder and me, we will keep it seared as though we was memos. ASlgned) " C MOULDER. 64 D. G." Mr. Cartwright then stated, that being unwilling to alarm his wife, he determined not to take any notice of the letter until early the next morning, when he took it to Mr. Richard ,Holmes, the attorney, and asked him what he ought to do in such an infamous business ? It WAS then arranged that a warrant should be taken out, that the witness should mark some money, and that he should send word to Holder for him and the person who wrote the letter, to call at his house at eight o'clock in the evening, when constables were to be in attendance to apprehend them. At eight o'clock the same evening the prisoners came to witness's house and were shewn into his study. Aimessage was then sent to Mr. Holmes to have the constables ready. When the pri soners came into the room, witness said to Gardener, " What could induce you to write such a letter, which you must know to be untrue ?" Gardener said, "It is all true ! I was close by where you were, and I heard and saw everything. After you was gone, I went up to Holder, who was crying like a child, and he then told me what had passed." Upon which witness said, " Although the charge is i untrue, b l should be very sorry to have it talked about." Gardener then said," If you pay us we will keep it as secret as the grave." Witness asked him what he expected. Gardener then said, " from any other Gentleman I should expect a hundred pounds ; but as I have a great respect for you. I will take only fi•ty pounds ; and added, that the same thing lately happened to another Gentle man, whom be, witness - knew very well, and was a rich man, and he gave h im; 501. and that he discovered it in the same way, being near the place where the parties were standing. Witness then told the prisnaers that he had nut so much money by him; but would give them the contents of his purse, and pay the re• mainder on Thursday. Witness then gave each of the prisoners a sovereign, a half crown, and a shil ling, which had been ill previously marked by wit ness and Mr. Holmes. The prisoner Gardener then said, " To 'hew you that I act honourable, 1 will give you a receipt," arid im !fled ately wrote the following words and figures on a piece of paper: That other Geatle.l , an gem me to keep the seckered— £so . 0 0 2 7 0 47 13 0 The prisoners then quitted the house, but were iin mediately taken into custody by the constables, A nd the money found upon them, which witness identified. This evidence having been. fully corroborated by Mrs. Ca; turright and other uitnesses, the prisoners being called upon for their defence, both repeated the cha'ge, 4r: • and persisted in seating that the contents of the Wet' %vete true. They called no witnesses. ,The Counsel for the prosecution said, they were pos sessed of evidence to chew that, in point of fact, the prisoner Gardener was in bed at his lodgings, seven miles from the spot, et ethe very time when he repre sented himself to have witnessed the supposed transac tion in question ; but the Learned Judge said that such evidence was quite unnecessary, the utter falsehood of the charge having been demonstrated by the witnesses Arcady examined. Mr. Baron GRAHAM then summed up the evidence. His Lordship commended the firmness wiih which the Reverend Prosecutor bad acted, in resisting the atro cious threat of the prisoners, and the discre:ion mani fested in bringing them to justice. It was impossible for any man to doubt the falsehood and wickedness of the charge which the prisoners had made. The Jury immediately found the prisoners Guilty. The verdict produced satisfaction in the Court. Mr. Baron GRAHAM, in a most impressive manner, commented upon the nefarious conduct of the primers. He should not torture himself with endeavouring to find out language sufficiently strong to express his indigna tion at the horrible atrocity of the prisoners. Their offence demanded in a Court of Justice the severest penalty which the law allowed, and he should be guilty of a dereliction of his duty if be did notcarry the law to its utmost extent. Never was a case so satisfactorily made out ; and his Lordship must say, that the Rev. Prosecutor deserved the thanks of the country for the firmness and fortitude with which he had brought the case before a Court of Justice. The Learned Judge concluded by sentencing the prisoners to be transported for the term of their natural lives. The Assizes ended on Saturday afternoon, at one o'clock. At the Sussex Assizes, on Friday, George Daw and Edward Dow, brothers, one twenty-one, and the other thirty, were indicted for the wilful murder of Thomas Sawyer, a youth of nineteen, at Bexhill, on the 28th of December last. 'fbe deceased was a shepherd belong ing to Messrs. Brook, farmers, at Bexhill. Not return ing home at his accustomed hour on the night (28:h), diligent search was made for him, and on the following morning his lifeless body was found in a muddy pons, half choked with reeds, and not mote than three feet deep; his head was driven into the mud, and one of his hands was left sticking out of the water; there was a bruiskon his neck, and his skull was fractured. One of the deceased's dogs had remained a: the side of the pond all night, and was found at noon next day, seated there, and moaning, which led to the discovery of the body. It appeared that the deceased, a few years since have information against George Daw for poach ing, and he was confined in Battle gaol; since his li beration he had frequently said he would murder both father and son, for having caused him to be con fined. Both the brothers were seen walking with the deceased, towards Bexhill, on the day that the murder was committed, and George DAW, on the day after, offered the deceased's watch for sale in Bexhill. The prisoners, in their defence, protested their innocence of the murder, but George Daw admitted, that on the road to Bexhill, he boxed the deceased's ears, which knocked him down, and he ran away with his watch. Edward Daw was acquitted, but the other was found guilty, and ordered for execution this day. CONDEMNED SERMON. Yesterday morning, at the customary hour, the fol. lowing unhappy convicts were ushered into the Chapel of Newgate, to pay their last public act of devotion lu the sanctuary or GOD ; ViZ. John Ferguson, agrd 25 ; William Thompson, alias Lintott, 0 ; William Walker, 19 ; Roger Adams, 19 ; and James Dopey, 19. The Rev. Mr. Cotton, the Ordinary, read the Ritual of the Church, after the Morning Hymn had been sung, in a solemn manner. The unhappy men joined in the service with fervour, and appeared to sustain their severe trial with uncom mon fortitude and resignation. The discourse was extremely appropriate to the occa sion, and seemed to produce the desired effect, not only on those to whom it was more particularly directed, but also upon all those who are shortly to appear be fore an earthly tribunal. At the close of the Service a most affecting scene took place. Walker, one of the unhappy youths doomed to suffer, arose from his seat, and respectfully begged the indulgence of making a few observations. He pro ceeded with an ekqueoce beyond his years, and with a serenity of mind almost unexampled, under circum stances so appalling, to address his fellow-prisoners, but not those especially who, with him, are doomed to die in a few hours, but more especially those who await their trial. He pathetically exhorted them to attend to the discourse they bad heard (a great part of which he recited and commented upon), tor, perhaps, it would shortly be their unfortunate lot to be placed in a similar situation with himself.--The effect produced by this address was wonderful. The Sheriffs, who were both present, could not refrain from tears, and the prisoners, and other inmates, felt the fcnce'ot his observations. At the close of the affecting scene, the five unhappy men were conducted to their cells, accompanied by Mr. Baker. Upon entering the press•yard. they, as if by mu tual consent, proceeded to its extremity, and simulta neously fell on their knees. and remained in the act of mental devotion for a considerable time. In the after noon the unhappy men were visited by their relations and friends, the major part of whom are persons of respectability. Accounts from Persia state that another destructive earthquake had taken place at Shiraz, about a month subsequent to the one already noticed. By this last visitation, that part of the city which had been hitherto preserved, was completely levelled, and the account states that a person standing at one of the gates may now discern the one on the opposite side of the city, the view of which had been intercepted by lofty buildings, not one of which now remains. A Catholic Chapel is likely to be opened at Tun bridge Wells, the ensuing season. At Goodwood, in Sus i e:, is the lion carved in wood, which adorned the head of Commodore Anson's ship, the Centurion, during his circumnavigation of the globe. It is set up at the Duke of Richmond Inn, with this inscription Stay, traveller, awbile,and view On who has traveled mere than reo, Quite round the globe ;. in each degree Anson and I hare plough'd the sew; Torrid and frigid Jones have past, And safe ashore arrived at last ; In ease and dignity appear,. He in the House of Lords—l here ! • POLICE . LYTELUGENCE. BOWAITICRET. . • • CAIMON TO COVIITRY MIOISTRATES AXIS Panama Civlndaaa.-..- Sir RICHARD Brenta has been mach necupied for several days pair in attempting to pat a stop to a•geeently discovered system of fraud (already noticed), by which it appears that, upon a moderate calculation, upwards of 410,000 are annually drawn from the public by gangs of men, women,and children, who travel about the country, levying contributions on parish olcers by means of forged Admiralty and War Office passes. This nefarious system was discovered by the voluntary conks glen of an Irishman, whilst under examination before a Committee of the Mendicity S ociety some days ago ; and investigations have since taken place, by which its extent has been partly ascertained. It appears that the system Itself is technically tailed reeding—pro bably because in every War Office jars the rode of the person 'bearing it is Lid down. The head-quarters of the miters are in St. Giles 's parish, under the direction of one ifece. likar4 a licensed: - hawker by profession--assisted by his secretary, a Mr. Norton.- whose office it is to prepare the forged passes, orfeakientis as ;bow are called. There is another bead establishment at Norwich, ant! regularly organized travelling gangs in every part of the country —r each gang under the centroul of a Captain. Mich. Mears and his setretary Norton, and several subordinate town agents, have beetf taken up, and are now in custody at this Office ; and among a great quantity of finished and unfirtishedfmkosents, or passes, a sort of re gister has been found, in which the route, or prescribed district, of the diffment travelling gangs, appears to be drily set down ; for in stance, there is" Yorkshire—Captain Thompson's gang; " Seat and Sussex—Captain Mahoney's gang ;" and so on. It is affirmed that one of these gangs obtained trona the Parish officers in the short distance between Chatham and London upwards of £42; and it is in evidence that the " Captains" in the more distant parts of the country are in the constant practice of transmitting theargatherings to head-quarters in St. Giles's, by lint-like asters, or, bankers checks upon London. M A RLBOROUG ST REET. Novix sum or CONJURATION.—A black female, fifty years of age, was brought before J. E.Cosstrr, Esq. the Magistrate, charged with a violation of the Police Act, in other words, with being a professor in the occult sciences. Her name is risobeth Build, and it was stated that she had been able to obtain a pretty considerable sum of money, chiefly front servant maids in families, by Inducing theist to believe that she could give them the information which is so desirable tw 3 spinster. viz. when she Is to have a husband, and what sort of personage he will be. This black w•man's fame having spteod, as a In:acres, of the black art, it 13 said that even titled Ladies have been so weak and foolish as to visit her incog. and pay her handsomely for her communications. Mr. Conan? told the prisoner that she had obtained money from a young woman by falsely pretending that she could discover stolen property or the thief, and be should send her to the House of Cor rection,to be kept to bard labour for two months. QUEEN-SQUARE Hertaic Brandon, a native of Cracow, who had been examined at this Office on various charges of swindling, was on Saturday finally examined on an additional charge of swindling Mr. John Hutchin son, of W, Wellington street, Blackfriar's-road. During the inves tigation, which excited considerable interest, the Office was crowded with respectable tradespeople, who had been duped under similar circumstances by a foreigner, but they eould not swear to the iden tity of the prisoner, though there was a resemblance. He was fully committed. LAMBETH STREET. George Peat, a young man who had for many years lived as a grown in the service of the late H. Fauntleroy, was fully commit ted for trial, for stealing a box coat, the property of a perion named Ely, coachman to a ge.ntlemaa is Ponman.square, who had kept the prisoner out of charity. HENRY THEIRTRLL.Saturday, Mr. HALLE, the Ma gistrate of Bow -street, received a letter by the post,• dated " Norwich," from Mr. Alderman TIIVaTELL, the father of Henry Thurtell, thanking him for his kind ness to his son, and enclosing a remittance for the use of the latter, to be applied as should seem best to the worthy Magistrate. Henry Thurtell joins his ship• in a day or two. The report of the meeting at Lloya's, is, we are in formed, incorrect, as far as it relates to the vote to Cap tain Coon, of the Cambria. The Committee having taken the unparalleled circumstances of the case of saving the people of the Kent, into consider4tion, re ,commt•nded to the Subscribers to vote 1001. to Captain , Cook, and the same sum to the crew, and others who were on beard, for their humat:e and praiseworthy con duct, upon which an amendment was made to make the vote t - Captain Cobs 200 guineas, and 150 guineas to his comrades.—After some discussion, and with re ference to its being contrary to the custom of the House to reward parties who take out the crews t f vessels fallen in with at sea in distress, the priiposal of the. Committee was carried almost unanimously, and not negatived, as we have mentioned, owing •to the state of the finances of the establishment. MEETINGS OF CREDITORS TO-MORROW, •T UR COCIT Or COXXISICONTIS OW IIANICILUFTS, SaIIVOIMLL-STRWIWIL M. as. William Woodford Smith, of Holborn-hill, silk-mercer 3 to James Lock, of Baker-street, Mary-la-bonne, chemist 3 10 John P. Knight, of Counter-street, Southwark, top-merchant 3 1 Henry Smith, of Piccadilly, hosier 3 13 . . Samuel Smith Forsidth,, of Hackney, haberdasher 2 10 Wm. Lea, of Charlotte-street, Fitzroy-square, broker 2 13 Thomas Redshaw, of Fleet-street, bOokieller 4 1 Junes Gardiner. of Paddington, scavenger . • 21$ Wm. Haylett, of Hammersmith, victualler 1 1 George Street, of Dulwich, carpenter . - 111 John Hawke., of the Old Jewry, hardwireman . 1 1 John Frederick Haldy and William Norma, of Castle -street, Leicester-square, wine merchants. 1 11 BIRTHS. Thursday, at her house in Hereford -street. the Lady of Si; Jacob Astky, Bart. of a son. At Watley House, Essex, on the 22d instant, the Lady of Sir John Hawker English, of a son, still-born. The 21st instant, at Willian Rictory, the. Lady of the Raw. William W. Pym, of a daughter. DIED. At Glasgow, on the 15th inst. the Rev. Dr. William Tattles. of St. Enoch's, in that city, and one of his Majesty's Chaplains far Scotland. His loss is deeply and generally lamented. He was a man of the melt amiable and engaging simplicity of manners ' - the most gentle and benignant affections ; the most pare and ho n ourable purposes; and the most kind and affectionate, amidst the con stancy of his virtuous friendships and attachment. Sunday se'nnight, at Orford Hall, in the county of Lancaster, the Rev. E. T. S. Hornby, in the 434 year of his are. At Edinburgh, on the 9th current, Captain Thomas liamiltan. At Edinburgh, on the 21st ultimo, Lieutenant John Grant. At St. Andrew's, on the Sib current, Dr. Thomes , A/elville. Friday se'nnight, at Dumfries, Serjeant James Newell, aged 91, a gallant veteran, in active service tiering the whole of the Ame— rican war. At Arbroath, en the 15th current, Mr. John C.rtsal, builder, in the 47th year of his age. March IS, at Leamington, the Rev. Robert Bland, Quote of Kenilworth, in the 47th year of his age. The 19th instant, in the Commercial-road, Margaret. the wife of Lieutenant Bala. Saturday sennight, at Boulogne-stir- Mer,Mrsblielesta Romovidow of the late Ostend Robert Rest, of the Chatham Division of Royal Marines. ARIL bUIL 0 01 'HIS DAY. Trance Hamburg!' • 16 DOR. 1 6 0 0 Waterist4 2 0, Guerin+, and .1 emir 0 0 Flanerrs Holland 1 t o a 0 1 Gostenburgh 0 1 Malta _ 0 1 HIGH- W AMU u LOND4IS-. Morning - Afternoon - - Letiraid Islands 0 as Janisica 0 0. .............-... IMMO*. ,IDGIC Tab* 15 minutes alter 9 SO minutes An 0 L47 . aincr — s • Parged aid rilblisisof by J. F. gs.kr.v, at the alts Omut 241, Pacbetbirtnce, Tap*. Da i 1