Star. — London, England, 1818-01-24 00:00:00

1 • tne to comply with the intimation o f the Court, what ever be the consequence el ray re.n:sal. I cannot consent to resign my child to tech a father; the base ness of his conduct both to me and my child has been such as to compel me to extremities. He has not seen the child for the last three years, nor has he now any real motive of affection in depriving me of its custody. Lord Er.r.sseohourat.--Then you must be sworn to answer interrog.aories for your contempt. You need not be committed, as you arc already under re c•Jgnizances. Mr. RICUMIDSON said that the lady was already .ontempt, in not making a return to the Writ of 1::be,21 Corpus. Mr. Justice BATLET.--Not in contempt: she is not yet reported in contempt. Mrs. Dobin informed the Court that her bail were, inr attendance to continue their recognizance. She was then sworn to answer interrogatories, and Mr. Thomas Deers and Mr. George Walker were continued as her hail. - _ Before she retired from Court, Mrs. Dobin ex pressed her sorrow fer the trouble she lead already given: her situation was most painful, and she trus ted that their Lordships would do justice to her feel ings as a mother: nothing but a superior sense of duty to her child could compel her to abandon her duty to the Court. Obedience to their Lordships' mandate to deliver up her child was out of the ques tion, and she would willingly suffer imprisonment or any other privation, rather than be separated from it. She then courtesied and retired. Mr. SC:1111,1'1r, in another case of a family differ ence, (the wirnes of the parties not being mentioned), e . )served, that he was instructed on the part of the. father an,l the r.-ife. The matter was fixed for dis- Ossion on the 27th instant, but he trusted that some a-rangement might be made to prevent exposure. The Cenral. expressed its readiness to grant a pri vate audit if the parties sh4uld think it proper. Mr. SCARLETT said, that this intimation should be mentioned to them ; but unless both sides consented, the subject must necessarily be made public. COURT OF EXCHEQUER, JAXUARY23. SIR W. LEE•;IS V. J. 'S.tORGAN. Mr. BLAKE moved for a Rule to show cause why John Morgan, the defendant, should not be commit tdd to the Fleet Prison for a contempt of Court, and also why he should not be directed to pay into Court ail the rents which he received from the estates of the plaintiff, since the 18-1 of November last, the day 4:n which the Court made its order, prohibiting him to interfere with the same. This motion was grounded on two facts sworn to in die affilavits : first, the vio latian of the order of November 18. The Court would recollect that by that order, not only Morgan was restrained from receiving any part of the rents 'tut Sir W. Lewis was restored to the possession of his estates. Morgan was in Court when that order was pronour.cel, and it was settled in Lord Hard wicke s time, t"tat if a party were in Court when an order alTecting him v.-as pronounced, he was bound to obey Lt, whether he gat subsequent notice of it or not.. In direct violation, however, of this order, Morgan-proceeded to receive the rents by his agent. The secomi fact was, the separate publication of the opinion of one of the Learned Barons which was de livered last term. lie not only violated the order of t!te Court by receiving the rents, but also printed and circulated the opinion of one of their Lordships, who differed from the rest as to the justice of that order, as if. he was determined to bring forward the opinion of that person, in order to sustain him is receiving than rents. Mr Morgan could not plead ignorance; he was a veteran practitioner of the Court. It required re seat knowledge to see the gross violation of the dignity of the Court in which he was implicated.-- He was a Solicitor, an officer of the Court, and there was no reason why he should not be punished. The aldavits in support of these facts, stated, that Mer gan's Agent (ilemry Lewis) did, on the January instant, receive 5001. on account of rents, from the e l tates of Sir W. Lewis; and he produced a letter to the tenants, in which Morgan authorized hint to re oeive those rents, and also sent him a printed copy, pgrporting to contain an account of the opinion of Baron Wood, which he (Morgan) desired to be shown to the tenants. Rule granted against Mr. Morgan and Mr. Lewis. Mr. BLAKE subsequently moved for leave to have the time fur paying the money into Court enlarged for a week longer, as notice of motion had only been serrel on Morgan this morning.- *.Motion granted. a forrr.er else ti'st of " .Austen r. Duncan. 1756," a natural datiliter had been appointed executrix. She was a minor, and there was no guardian appointed by the Court of Chancery. The Count' said it was entirely within its jurisdic tion to appoint a guardian for that purpose ; but granted the administration to the grandmother.— None of these cases bear exactly upon the present point : they are all distinguishable either on the ground of relationship or on that of interest ; but here the case stands on the mere and simple choice of the minor. The Court has undoubtedly a discretion to accept such a choice ; and it is not necessary that there should be an appointment as guardian by the Court of Chancery. If, indeed, such an appointment were made, it would doubtless be considered with great respect by this Court, and the administration would probably be granted accordinjly ; but, that matter does not now come under consideraer- The choice is that of an illegitimate minor; and though in this particular instance I have no doubt but that it is a very proper one, yet on geneni 7rinciple it mist be admitted, that such a choice is liable to be very injudiciously made. When the Cont has a discre tion, it usually considers, in the first place, where the interest lies : and as a general principle, it commits the management of the property to the person prin cipally interested in it, if otherwise capable ; consi dering that where the greatest interest is, there is the greatest security for good management. Now as to the property of illegitimate persons, the Crown has the sole interest in case of death : and the Crown too is the general guardian of such persons where no other is appointed. In short, the Crown stands to them• in the place of next of kin. I consider, therefore, that in a case like the present, notice should be given to the Crown officers, in order that they might see iehe ther the person nominated was proper, and might take care that due security was given. If upon such =ice the Crown officers did not object to the nomi nation, the Court would probably grant administra tion to the minor's nominee ; but if the officers of the Crown did object, the Court would hear on such ob jections, and decide according to the circumstances; and if it thought the objections well founded, it would either grant the administration to some other nominee of the minor, or else to a nominee of the Crown.— The Court therefore recommtuded, that on the pre sent occasion, and in all future instances where an illegitimate minor nominated an indifferent stranger, notice should be given to the Crown officers, and if no objection was made by them, the administration should theft be moved to be granted to the nominee of the minor. Dr. LUSHINGTON stattd, that his party wo'tld be happy to adopt the course pointed out by tie Court. RICHARDS V. CLARKE. In this case an allegation Wal given in, propound ing, as a codicil, a paper which the testator some time after its execution had torn, being then and afterwards, as wai alledged, in " are unfft state of; mind to make a will," and the admission of this alle- I gation being opposed, the Court, after hearir.g the arguments of Counsel, gave its decision, r.ear.y as follows: The first and second articles of this allega-' tion afford no ground for objection. Thzy are mk..rely narrative of the circumstances under which the tes tator died in the month of November, having pre viously made a will, and leaving behind him a bro ther, sister, and r2phews, and personal property to the amount of 16,0001. The third article states, that he arrived at Liverpool, fivm the West Indies, in the month of September immediately preceding his death, in an ill state of health. This article goes or. to state his conversations on the subject of his testamentary intentions, with his physician, Dr. Barrow, since de ceased : and it is objected that these conversations cannot now be proved; but this past of the narrative is only introductory to the execution of the codicil, and seems intended principally to chew that that exe cution was a deliberate act. Now the Court does not usually look with a strict degree of minuteness into the parts of an article which are merely introductory. Dr. Barrow, it is said, recommended the testator to employ Mr. Miller to draw up the instrument necessary for carrying into effect the testator's intentions, which were of a very natural and reasonable kind, viz. to be queath legacies to his brother's children; to give di rections for the emancipation of one of the testator's slaves ; and to appoint the testator's brother as co executor with another Gentleman named in his will, and who was in the West Indies. These facts may, perhaps, be admitted in the answers; and at all events it is not worth while to reform the allegation fur the mere purpose of expunging the parts which may be supposed to have been known only to Dr. Barrow. The fifth ,n-tide continues the narrativ e, and states, that the deceased having sent for the sketch of his will, and communicated his intentions to Mr.,Miller, a new will was meant to be drawn up ; but in the mean while it was thought advisable to put the ad ditional matter into the shape of a codicil, which was accordingly executed by the deceased; and the sixth article pleads his hand-writing. The seventh article relates to the destruction of the codicil. _lt states, that two days aftsr the execution, Mr. Miller came again to receive the further instructions of the testator, when he found him in a state of great mm tal irritation, and after some time the deceased ask:d him for the sketch of the will, which was given to him, together with the codicil, which by accident was folded up in it, and he, it is said, tore the whole, not being sensible of what he was about. Certainly, such •earing, if proved as pleaded, could not revoke the because there was no animus repocanii. It is that he never afterwards was in a fit state of • execute ae. if]. I agree with t:.ts Counsel, in m to the alkgatirm, that this is not the usual )f pleading, and that it is highly important to to technical language in drawing up arega- 1 At the same time, it is not absolutely essential', ate to prove that the testator was really unfit re his will from the time of tearing his codicil death , for if the persons around him thought was not in such a state of mind, and therefore ei from bringing before him the codicil which torn sine anima revoaandi, that circurterteusce never operate to revoke the codicil. If it be hawever, to plead that he was of " unsound ' that expression, as being more technical, be preferable to the present expression, not in ite of mind to make a will. ' Counsel accedirg to ttis alteration, the allege reformed was immediately admitted. PRER6GATIVECOURT. T 1 CHF. GOODS OF HENRIETTA RHODES, DECEASED. Dr. LUSHINGTON TfIOYC , I the COnit to grant adnii -1,; ;tration, with the *ill annexed to A. B. the gu:u•- ean nominated br C. D. an ille , _;itimate minor, the ex !-atrix named in the will of :'.Jr:. Ithodm. The Court (Sir J. N.tcnoLL) said, this is an appli cation for administration to be granted to a person ou the mere clicice of a minor, and the person chosen a: guardian by the minor for thutp.trposeira stranger in blood to bet and is not at all interested iia the pro party in question. A case has been referred to as authorising this grant ; but there is no case in which t'te circumstance exactly comes up to those which I I..ive stated ; namely, where the guardian to whom the adninistration was granted on the minor's nomi- in II.PLUCY U., - • lifir..k in was both a stranger blood, and also unin- being sei • r t!rested in the property; doubtless the Court may a tearing grant the administration on such a nomination if it . .codicil, I I i !:‘ , es otherwise as sufficient reason for so doing ; but it alleged, tr.:;st exercise its authority under a sound and legal mind to di-scretion. The chief object to which the Court al- k:ect : iii" j .oi wa...> looks in a discretionary grant of administration 0 inde , of i.: the security of the property, for the parties interested. adhere t The minor has no absolute right as to the choice of a tinns. A ti ardian. It usually happens, that the person ap- i n th i s c , b p ~,, ' ,, ted as guardian for the purpose of taking admi- to make nitration is a near relation ; but where that is not the • till his d c4sse, or where a aifficulty is started among the rela- that he 1 tiara, the Court determines according to its own view refrain& (..,f what is fit and advisable under the circumstances. he had 113, in the case of " Lewer v. Lewer, 1793," the Ti could n choice proposed was not between strangers, but be- meant, 1 I l t i twen the father's brothel/ and the mother's brother. mind," 1.. -..':at case the Court said, " I am not bound by the would b cl.:•ice of the minor ; and as the parties are on bad a fi t star ' 'lsk , A, I think it right to exercise my own discretio n ," a-. ' nndrr all the circumstanees of.that easq,the Court .on so I The C gval.tA the administration to the maternal uncle. In u .! • • I i 4 .. _ OLD BAILEY. Yesterday John Itarclinson, the elder. Wet. henry Ratclineon . , and John Raraineon,"the younger, the latter two of whom were capitally convicted of steal ing silk and lace, un Wednesday, were indicted capi tally for stealing, on the navigable river of Thames, nine pair of boots, value 181. tile property of Edward -Sage, a lighterman. Daniel M'Gillivray, an accomplice, who was the principal witness against the prisoners on Wednes day, being called up, stated, that he kept a chand ler's shop, near the water side, at Limehouse: about nine o'clock at night, on the 3d December, the three prisoners came to his house with a quantity of boots: each prisoner brought some under his coat. One of them asked witness if he would buy thinit? Wiuess told them they were awkward things to purchase, and he did not wish to buy them. They said it was likely they should have something better for him : and he agreed to give either nine or eleven shillings per pair for them. He kept eight pair, and the el der prisoner kept one pair fur his own use. lie did rot pay any money for them then. On the Fi iday forowhig the prisoners met him at the house of Mrs. Backaway, the Horns and Chequers, at Limehouse. On the Sunday following they met him again, and the next day the prisoners were apprehended, and witness was taken into custody two days afterwards, and underwent two or three examinations F—fore he charged the prisoners with the robbery. - Mr. Sage stated that tke elder prisoner's name was Rawlinson, and not Jones, a fish-shorer and fellow ship porter, as he had described-hietself, and that he was a lighterman. The capital part of the charge was abandoned by Mr. ALLEY at an early stage or the - trial, at the sug gestion of the Court, in consequence of the indict ment having set forth that the goods were put in a " boat," whereas they were put in a lighter. The COMMON SeaJEANT summed up the facts, and added, that the commerce of the country would be destroyed, if goods, in their transit to vessels, were subject to the care of such men as the prisoners. It was a very lucky circumstance for them, that they were not capitally convicted. They might expect no less a punishment than transportation. Mr. ALLEY.—" The two younger prisoners are al ready capitally convicted? Mr. COMMON SERJEANT.—." Then the elder must be transported for seven years." Michael Lamb was found Guihy of stealing a quantity of articles of wearing apparel, the property of George Wells. William Storey stood indicted for stealing, on the 44 . e. of December, a trunk, containing twelve waist coats, and other articles of wearing apparel, the pre-- petty of Sir James Graham, Bart. By some questions put to the boy and to same of the other witnesses, it appeared that the night was very foggy and dark ; and the inference drawn was that the boy might have been deceived as to the per son of the Frisrner. The Jury consequently acquitted him. The RECOIDEB.--" lou have been in great lucl-, young man." Guitnirat.t.--Yesterday Alan Collins and Richard Coates, two parish constables, were put to the bar, when he following case was exhibited against them: Mr. ARABIN, the Barrister, addressed the Magi strate. He said he appeared there under the sanction of the Court sitting at the Old Bailey, in order to prefer a charge against the prisoners ; and certain he was, that a more infamous and audacious case could not be presented, inasmuch as it was an offence com mined with an intent to invade the sacred proceed ings of a Court, and to defeat the ends of justice.— The prosecutor (Mr. Tapland) was a respectable yeo man, residing at Drayton, in Middlesex'; and it had fallen to his painful lot to appear at the Old Bailey against two persons indicted for felony at the present Sessions, and who were convicted. To prevent such 'conviction, the prisoners had, it appeared, conspired to attend the Old Bailey on Monday last, the day on which the parties alluded to were to abide their trial and, under pretence of charging Mr. Tapland with receiving a quantity of stolen hay, dragged him from the Court. On the road, however, to his destined place of confinement, a Gentleman, known to Mr. Tapland, met the party. Astonished to see his un impeachable friend in custody, he demanded an ex planation. The prisoners were silent ; but their cap tive was not so. Mr. Williams, selio was his friend, pronounced the whole tcrbe a conspiracy, and intis ted that his friend should be instantly liberated, un- ! less the prisoners could exhibit their warrant of ar rest, or other authority. This they were unable to do ; a slight snuggle took place, and the prosecutor disengaged from the grasp of the prisoners, who fled. The circumstance being mentioned to th Court, it was suggested that the parties should be forthwith brought before one of the City Magic strates by warrant, and the prisoners in consequence were apprehended. The Learned Counsel said, it was not his intention at present to charge she parties with conspiracy—a fact which the evidence he was about to produce would clearly substantiate. lie would merely proceed against them for assault and false imprisonment. Mr. Taplind proved the case stated by Mr. Ara bin, and was confirmed by Mr. NVilliams, who m et Lim while in custody. The prisoners being called upon for their defenco, Coates said he was commissioned by a man. n:uned Kingston, ,Ao go to the Court, and bring Mr. Tapland from thence fur a particular purpose. For this he was offered. at first three shillings, and subsequently a country bank note for ore pound. He declared had no bad motive in the transaction. Collins was about to enter into a similar statement. but was stopped by the Magistrate, said case was too clearly made out against them. Ile regretted that such men were officers, and hoped that the parish, as well as the law, would notice their conduct. Had they been indicted for consi:itacy: they would meet with the severest pur,:shmert, bat as the Learned Counsel would not, at present, adopt such a proceeding against them, it was his duty onlv to cause them to find good hail, for the assault and false imprisonment of Mr. Tapland, at the Seisions. Bow-waxer.—": ire Magistrate yesterday decided the question respecting the right of placing carts fi,r hire mund the statue at Charing Cru , ,s. The cu.,tom of 60 years' standing was held to be nugatnry, and the nuisance was ora(cred to be abated uuCci the peril of !severe penalties. These, however. were nu' in this lira instance, ...t% the part.:er, have acted iu llai,wt Skellnu was charged IA ged bank note fur rive puunds, to coulectioner, in Tieliburn--,tit et, being Twelfth-Jay, is the c1..e.0.; a : cake, when he gave ;ter tilauge. :.c the name of Wise, No. 11, Golatn-s..juar.:. it has hoer discovered th..Lt the i;t: on making inquiries at :hat huu.x, it that no such person as Wi.,e lived ...t ner was ienianded. BA:lnsley Goodfuck was charged wit]. 1 sir..:; fence, and was alw rewanded. HALL.---Vestcrday Soma/ i'r;tcl, private in the 3d Cuard.„ was lai,ught up in t . . tody of an officer, charged by hi uncle, Pritchard, hat manuf.u.turer, Caste -street, r, considerable property, with threatening tc Lakc his lite, and with attempting to stab hint w, bayonet. The prisoner was ordered to Er.ki ba: Between the 10th of October last and t'..c the present month, there have been export:se verpool 24,855,335 yards of printed calico, and cotton stuffs, and 960,544 pair of cot ings. Averaging the cottons at Is. per yard, stockings at 2s. the pair, the amou:lt I , i L . one million three hundred thousa A d pouiid AtICE OF LEATII2ii. Botts, so to !bibs each 2:d to trA Ditto, 56 to 6Clbs ealh g;d to Dressing 4 Fine L'o.Kh I Crop kitties, 35 to ;(its ct citting Ditto 4:: to !Aar. Calf Skips, to it.,:ht Ihtt.. 50 to 7(.1b, Ditto 70 to silt!. Small Seals ((irietibtitl) . lame ditto, Tanned Dors, llidt t Sranis!t Horse Hides. ~,~ .~ I7d to tit-1 to le,d 102 :0.1 2441 to ttstl .per dozen 6C to If d to ~. Tuesday sennight, a collier was pi cc ipi:: bottom of one of the pits belonging to of Gairbraid, near Glasgow, and kiiled 01 in consequence oldie rope breaking. ~ i. J JERStY - Dec. 20.—.1r soldier of ear-• found last Saturday morning litLr.ll.• he went' to bed violently intoxicate:, awoke no mare.—Mr. John Arthur, oia. . teniers of St. Mary's parish. preferred a Lc: into Court on Saturday last against b. , :s. • Christmas eve got into the belfry, and !,:•;. the bell violently at ten o'clock at rigl,t, ed all the neighbourhood 'for a chur,:h here at night is One of the signals for t:..• approach of an enemy, in consequence of •Lh:, whole of the people assemble at tneir The Centenier, with .s:.:rne other:, la:. •' and, by the help of a ladder,. got int., could Lind no one. Fortunately for , attendants, he had the }:recaution, lantern, to look before hc &aped ; h s pod down while the c:lictrs :ere seas Lt. and took away the laddir. Had the Cente:!::: : the step he was just going to do, he •..c:::,'_ Lye inevitabiy killed on the spot, and I:is • bly have shared the same fate. The C,41:.: the boys to be appreherdcd and brot:•,.h. to H. when they will be severely punished for . OTAHEITE.—Letters hare been rvccivel London Missionary Society, stating th i completely abolished in Otabeite and Er ..• a• considerable degree in other islands a King, Po!.t.sar, has sent all his farnil: Missionaries, dFsiring tither to det•.:::- :.•., send them to Europe, t::at the people r..t . may see what •• foolish gods" tllcy•for:r.,::.l.: NEW GATE *ND LEADEN (By the ed to es 04 Mutton 5l bd to 4. Sti the be ;HALL HARK:CT:I, Circase) Veal Pork ..4s Bst (:s •4 —4l PRICES or HAY Apo St. 'Amu 's. nay —3l Ss Od to a 15s Od Suaw 21 Ss Od to 21 11s 6d Clover!! 154 Od to 61 Os Od iTRA* yrs-tLari7 101 od .c Straw 21 *26 Clover GI Gs Cd 1:o OF HOPS. Writ' 'Act. P RI CI Kent Sussex ......2tA Os to :.. .$ Euez ......21 os 1,, :. , Fall= ....wi of to PRICE Ist TALLOW, SOAP, Alm CANDLES St. James's Market is 6el Town Tallow "s 01 Clare Market Wkitetbspel Market... ...as 5d White ditto (per stone of Sib) Soap ditto "s 'A Yellow Soap, Oes--Mottled, 108a—Cord, 1121--P& r., :lsi Candles, per de.z. its ed--Monlds, 148 Od RAW HIDES. Rest Heifers and Steers (per Ordinary. .. . ^_s od (3 .2c 'tune; .....ta ed to 3s ti 51:triu:t Calf 6. (c '. '. ... Middlings ...2s ad to es 64 I Err. Horse 9s C to L, Sheepskins—Polled, 7s Od to 9s Od—amr!. ": Cl to is .: Stssarlings, Os 04 to Oe Od—Lunbs, Os t.q.: to 1 .4 (4 dent 46! N to .191 N Sursot 0 51 IN to LW Or Lt.sex OW Oa t Oct Os 17d to ('DAL MARKET, J1\.33. Ships at Market Ships Sold sill Newcastle 3A At Sunderland 0 1 Coal 0 Cinders Price. Ms id to sii sd w: , .4 -S. 01. -s. cd. to —1 cautncs, J vs. 22.—Wh,.it, i..r 17 rd Bar!. c, ptr quarter, 7,u , to .:.—().ls :f.n. to -H. to rols—Pral, 4Gt to , - NPV.Ift RV, lilltlß, JAN. 1r2.--..—At . .( 7.0. to 414—Oats, 24, to 485—8,1 n., as to t.t,—P • to Ms.—Bread, Is 11 d to 4 .:s I , e. Fa C.. :Gr. thromn, r!ce c•fd Bubhel —Tile gum - tern Loaf, Wheaten; is 1 DANIA U2.—Wheat, ss Od Its ; to is bd—Vetch,.., 103 Od per bushel.—B.ol, (Ml to .;:s od per quarter-1l; , ..1 rekk—rlour, t 7; I r.,i sal. , I r i 'f i's. Stene:ay st.'rni,:ht. at ILtt.ta Iti.Ln•, at l.a:n!i•n:: I Li!), I..tribton, 0 ,Lbey, Sussex, tts PRICK (iF sTot... Bank stock I 290 Ityd. SI So2H Cons. Sat 79f 801 SO 4 per Ct. 99 981 i Navy tosi 10.3 Lang Anus. 10 16-16 -.I; lkftisa :.1.11 .110 Ital WATER AT LUX Morning Aftf.rnnon - .S YENTLit DAY. India Bonds P) Exch. Bills Ditto (`'2 d) '4l; Ditto (ad.) Cons. for Feb. Lott. Tickets :: e, int roco: 3. MiciUtra LONDON ; Frinud and ruM: 1 , 4 by Li Att. r, I' nac,