Star. — London, England, 1818-04-01 00:00:00

LAW INTELLY:ENCE. COVRT OF CHANCERY, MARCH :11. CONTEMPT.--CUMMINO V. CUMMING. CrrSOICSI, itOIILLY, in reference to this case, elat an order of the Court had been directed ved on the Solicitor of Mrs. Catharine Cum an affidavit having been made that she could found, calling on - her to produce and deliver ,tin children, Wards of the Court. That order accorlinely been served, to which no attention paid. Ile was therefore instructed now to an attachment might issue against her for contempt in having withheld the children in de of t he said Order. ,LORDCHANCELLOR--I would rather alter the make a fresh Order to be served on' 66 ,,,i0r, which will be held as a good service, 4 on her to appear and produce these infants C,;.,0n Friday morning next. GCNZALES V. MAITLAND AND CO. an application to stay proceedings at it the production of certain books, papers, &c. ;; :se in Spain, relative to six bills of exchange to have been given for a certain quantity of riae years since. the LORD CHANCELLOR, after ig Counsel at great kngth, and observing on a plicated nature , said he would give judgment on Thar , day next. Sir Samoa , ROMILLY, in the course of his argu - quoted a case, some time since before 'his lip of a similar nature to the above, as a ground ring the proceedings, and remarked on the xis character of the bills in question. ;hich the LORD C HANCEL LOR replied—" Sir there seems to be a great deal of cheating ming with respect to Spanish wool." OP ERA,HOUSE.—WATERS V. TAYLOR. Tie SoLiciroit-GENERa r. said, he had a short lon w submit to the Court, but he should post ' till Learned Friend, Sir Samuel Romilly, ,e The Loan CIIANCELLOR-1 hope it is not about e Opera iloase. ta e S o uclroß-GENErt.ir.—lt is, my Lord; but is only respecting the drawing up of an order for Treasurer passing his accounts, and which order ir Lordship formerly granted. The LORD CIIANCELLOR—Since it is so, you may well amuse us, Mr. Solicitor, with the Opera as there is no other motion at present likely made. _ _ The SOLICITOR-GENERAL then proceeded. He ed. that it was a Petition from _Mr. James iley, that the Register might be directed to up the order, by which he (Mr. Bromley), as rarer of the Opera-House, might be allowed to ais accounts, and be discharged from his re v:lances. The order, if he was not mistaken, formerly drawn up by his Lordship himself, but e objections had been made by the defendant's Lorin CHANCELLOR—What is the matter, ? '!r. Mir.r.s—When we went, my Lord, to Mr. ..astord, the Register, for the Order, Mr. Duthie, c:!si S licitor to the Defendant, objected to the bereficial being in the Order, and wished the 'AI necessary to be substituted inits room. Mr. Ithie liciag-no longer Solicitor for the Defendant ; understand, my "Lord, the present Solicitor denies at such an Order was ever made. The LORD CHANCELLOR—Take the Order, unless Samuel Romilly, on coming into Court, spews to the contrary. Sir SAMUEL Itomiu,v then came in. The LORD CHANCELLOR-1 am glad to see you, Samuel, as we have had another touch at the era House again. sir SAMUEL ROMILLY said, the application was the Court as a mere matter of course, for i iurpose of more money being. allowed to Mr. tiers, as Manager of the Theatre, than had been lied him by the Master. That money was daim on account of the dressing•rooms and other things icing cost a very great sum. if such an order was :.aae, why did the other side not take it? At all e;cnts this application should have been made on triOal grounds, and not as a mere matter of course. rhe LORD CHANCELLOR—The other side declare tit such an Order is in the Register's book. Tae SOLICITOR-GENERAL said his Lordship had rtmoved Mr. Bromley from his office, but he had been able to take up his recognizances, his ac r.:.iis not having yet been passed. He understood an Lordibip had not only penned the order, but had ::err - ards corrected and revised it. fne LOP.D CHANCELLOR—I think I did. Sir SAMUEL ROMILLY said, that it occurred to him there was a great deal of diffe:-cnce between the words beneficial and ncceiary. Ile contended that the sword necessary should be inserted. The LORD CHANCELLOR-1 am sure it is quite im possible, even in the Opera-I leu,e case, to recollect that passes, but I think the word beneficial was inserted. At all eve nts ta k e t h e Order, and let us go out of the Opera-llous:i, for alas day at least. Motion granted. LORD CHARLES TOWNSIIEND V. THE BISHOP OF NOR WICH AM.) OTHERs. NV : HART moved on the part of the plaintiff, that fie Bishop of Norwich should be restrained, by in- Irom making pre , entations to certain church viags until the healing of this cause on its merits.— application was only a part of a motion where an *'.auction was granted against the other defei. 'ants ; Fat if the 11.4.0 p of Norwi c h was not restra i ned by Court, .the living s m i g h t b e vacant s i x months, according to t 11:: Act of Parliament the presenta ...os would be vested in the Crown. The LORD CHANCELLOR-- Take your motion." .:!:VENILE GAN G O F lif)BßEßS.—Monday ni ht, 2).t.ta eight o'clock, fo ur rushed into the ;hop (;,: a poor old woman w h o deal-, in chandle r y, i n ..:d-street, Lambeth, each seized upon a separate and decamped in an instant. Three of them t . ' 7 etaken, but the only article of the stolen property was recovered was a brass weight. sat,irday, about t en o ' c l oc k i n the evening, as Mr. Nel on. of Dry:ford, was going home from the Ho ziiree villains, dressed 45 sktlors, came up to a%4:1 forcing him into a field .uljoining the road, ty , Do f them h e ld hi m, whilst the third rifled his p oc ket. C‘ Watch and money, with which they escaped. COV CON S A MI:I elar 3 " greed • an afl efound otain c I accor.li. • been pa :that al c outemp -.cc o f the Taelm u , ding. ' alliaa " 1 Co.';" 1 on 4 tj',S CA i : Nse 11 to hal 'I nine yl : wing COI 5 complic. .• it on Th . Sir SAMI bit quot ardship of staying . • icious o which Jel, the • ‘ifeecing The SoY ru.zon ta n s! im•ae ; came The Lni the Opera Vie Sot it is only re the Treasur TOl7 Lords] The Lon ac well ant fic;:ie. as t ;..e made. The Sot. &med. ti ?7)inley, t 'fir up the T:taiarer el „155 ais acc4 :Emizances as former' ,arse object' SAicito The Lose ".r..\lls.r asford, '.s:!y 5 lie fed bearf rrd necessi D.tthie hcia lunderstanm that such al The LC, R Sr Samuel taase to ths Sir SAMt LOA 1 1 ,.era- liou Sir SAM ade to thi w e purpose Waters, as granted his ed on :sera haling cos r.ade, tchi vents this gr - 'lie Lot bt such Tae Sot rtanoved nor: been a r not ais Lardd a:zerv-ard ! 6 .1. 611 insert go 01 M LORC I the I . :,nnct .v ial, . 7 un, i r e 11 1 ',-: e : 41s 111 t , .. ix w 0: l 1 : 4 7d. ttic; iet v ::4t' Sa lote rag it, n o , t:-4; ASSIZES. ronnEltv—The Kent Assizes terminated on Satur day. The calendar presented a list of 17$ criminals, 57 of whom received sentence of Death ; but only one, G. Dunk, for uttering forged Bank ( 2 f England Notes at Gillingham and Chatham, vac Icfi fbr execu tion, the remainder being all reprieved before the Judges left Maidstone. KINGSTON, SURREY, MARCH 31. The Judges opened the Commission yesterday i evening, and took their seats at ten o'clock this morn ing, Mr. Baron GRAHAM in the Nisi Prins Court, and Mr. Baron Wool) on the Crown side. In Nisi Prius, several cases of ejectment were disposed of. They r.ontained no circumstance of general interest. Lrwis Lynn, a watch-maker by trade, was indicted for feloniously stealing, on the 1 st of September last, at Clapham, three dozen silver table-forks, fifteen silver table-spoons, and other articles of plate, of the value of 501. and upwards, in the dwelling-house of George Hibbert, Esq. It appeared in evidence that the prosecutor, a wealthy merchant, residing on Clap ham Comm( n, had a party to dine with him on the Ist of September. The butler had laid the cloth, and displayed the plate in question upon the side-board and table, preparatory to the dinner at six o'clock. About twenty minutes before six o'clock, the butler missed the plate in question, having seen it at five o'clock. A hue and cry was raised, but no account could be had of the missing property. Next day, however, the prisoner went to a pawnbroker's shop, kept by a Mr. Price, in Whiteehapel, and inquired of the shopman if he was willing to buy some plate, and what he would give an ounce. He did not then produce any plate ; but the shopman told him that his master was not at home, and therefore he could not speak with any certainty upon the subject; that, however, the usual price for old plate was then 4s. 10d. an ounce, and desired him to call again. In about an hour the prisoner paid another visit to the shop, and then tendered a considerable quantity of plate, consisting of spoons and forks, some of which were broken, others bent, and others as if they had , been exposed to the operation of fire. The shopman said his master was not yet come home, but ►f the prisoner would leave the plate and call again, he should have an answer. He laid the plate down, and seemed extremely anxious to have some money on account ; but the shopman said he could not deal with him, but must call again. Accordingly the pri soner went away, leaving the silver, and he after wards called three or four times, and the last time, Mr. Price being at home, he asked the prisoner how he became possessed of it, but he could give no satis factory account. He at first said he had bought it, but he did not know of whom. Mr. Price suspecting that it was stolen, sent for a constable to Lambeth street, and the prisoner was apprehended. Upon being again asked how he got the silver, he said he found it, but he refused to tell where. The next day he was further pressed, and he said he found it on , Mitcham Common, covered with grass. The prose cutor's butler swore to the identity' of the plate, . knowing it by Mr. llibbert's crest. , The prisoner said. in his defence, that he was as innocent as a child unborn. He called no witnesses. Mr. Baron WOOD charged the Jury, that the Pri soner's recent possession of stolen goods after the robbery was strong - evidence of guilt ; but the ques tion of guilt or innocence was for their peculiar con sideration. The Jury found the Prisoner Guilty—Death. Joseph Charringion, charged with having stolen a gold watch, gold chain, and gold seal, from Ann Gardner, 57, Elliott-row, Prospect-place, Southwark, was next tried. He is a very tall young man, and of an appearance far superior to what such a charge would lead one to expect. The Counsel for the pro secution stated, that the theft had beep& committed in , these audacious circumstances :—Ann Gardner had been a little acquainted with the prisoner's mother. 'The prisoner had on the 6th of January called on her with his mother's compliments. She asked him to come in and to take some refreshment, which he did. He saw the watch suspended above the mantle piece, and admired the flatness of the dial-plate, took it down, and did not restore it again to its place.— Soon afterwards he went out as if to walk in the garden, but the moment he got out he ran off, car rying the watch with him. Ann Gardner gave evidence to this effect. Richard Hinson, a sheriff's officer, said, he had known the prisoner since he came of age, when he had considerable property. He had occasion to call upon him professionally, and had found him a man of honour, that is, when he promised to appear he kept his word. John Smith proved that the prisoner had given the watch to one Cannon to be pawned. Cannon brought back 255. The prisoner would not take it, but called for the duplicate. He and Cannon went out, and came in soon afterwards on friendly terms. Cannon afterwards said to witness, " D—n his eyes, if he sends more to me for the watch, I shall tell from whom he stole it." The prisoner said, in his defence, that he had taken it for a lark, that is, in a frolic.—Guilty. pEVON. T. Shackster and J. TVay, were put upon their trial, charged with the crime of forgery. It appeared that Shackster had a lawful interest in an estate on the death of his mother, and bargained to sell the same to James Gribble ; the deed was accordingly made and executed, and the purchase-money paid ;, soon after, it was discovered that Way had signed the! deed in Shackster's name, and Shackster attested it as James Way. The Judge, (before the evidence was gone through) stated that if Way signed it for Shack ster in his presence, it must be with his consent, and therefore it could not constitute a forgery. They were accordingly acquitted. THE KING V. RAPHAEL.—This was an indictment for perjury against the defendant (a merchant resist ing in London), alleging that a commission of bank rupt had been issued against a person of the name of Samuel Hart, that the defendant being present at a meeting of the Commissioners, and examined by them, was asked whether he had, in 1812, any deal ings with the bankrupt? to which he answered " No." That he was then asked w'r.elhe:- he had any dealings with the bankrupt in 1813? to which he also answer ed " No." That he was then asked whether he and his late partner Solomon Josept, at any time, had ;any dealings or transactions with the bankrupt? to which he answered, " I never had, and I do not know that me and my r partner ever had any transactions I with Mr. Hart.' other questions were put by the Commi.sioners. In support of the indictment, several letters, deeds, and other documents, signed by , the defendant, were produced and read, the whole of which went to shew that the defendant had, In 1812 and lBl3, transactions to a considerable amount with ' the bankrupt, and particularly an account of sales of Anniscots sent by defendant himself to the bankrupt. The bankrupt was also examined, to prove several interviews he had with defendant and his partner on the subject of these goods. It was contended by Mr. Serjeant PELL, in his address to the Jury, that the defendant, at the time of his examination before the Commissioners, laboured under a great mistake, which, at his advanced age, could not be wondered at. He also contended that no wilful or corrupt mo tive could be imputed to the defendant, and that therefore his client was entitled to their verdict. Se veral respectable merchants of London were called to the character of the defendant, and the learned Judge, in summing up, put it to the Jury whether defendant, when he was examined, had any wilful or corrupt motive in withholding the truth—that if he had not he must be acquitted.—Verdict, Not Guilty. CARRICKFERGUS, MARCH Sl._ ABDUCTION.—SamueI Dick was indicted for felo niously assaulting and forcibly carrying away, on the sth of November, Elizabeth Crockatt, with intent to defile ; and also for an assault, with intent to commit a rape ; and for a rape on the said Elizabeth Croc katt, upon 6th November. Counsellor CORNY opened the case. The prisoner, Samuel Dick, stands indicted for the forcible abduc tion and subsequent defilement of Eliz. Crockatt, the prosecutrix in this case. She is a young woman of a respectable family in the county of Derry ; and upon the death of her father, she became entitled to, and possessed of, a considerable property, about 26001. iu her own right : this property, her youth, being scarcely 17 years of age, and her personal attrac tions, such as they were, had been the cause of two different atrocious outrages for the purpose of obtain ing possession of them. In the month of August last upon the Sabbath-day, while returning from meet ing, she was forcibly carried off, and taken to Ma gherafelt ; from Magherafelt to Castledawson ; from that to Portglenone ; thence to Ahoghill ; and finally to Ballymena, where she was rescued by her brother and uncle with a military guard. In that case, how ever, no violence was offered her person, and even her mother was allowed to accompany her, thinking to procure her consent to the marriage by gentle methods ; which, however, she steadily refused. On their return home, her mother, naturally alarmed for ' her safety, sent her for some time to reside with a relation, within a few miles of Stewartstown, in the county of Tyrone, a Mr. Mathew Fairservice, and she remained there for a month or five weeks pre vious to the 3d of November. On the night of the ! 3d November, Mr. Fairservice's family were invited to spend the evening at Mr. Henry's, where the pro secutrix met Miss Jane Dick, sister to the prisoner, and who is related to the prosecutrix, her mother and prisoner's mother having been cousins german. The prosecutrix, with Mr. Robert Fairservice, his sister (Miss Fairservice), and Miss Dick, then went from Mr. Henry's upon the car to a ball at a Mr. Park's, where she danced the greater part of the night. While at Mr. Park's 'Miss Dick invited prosecutrix to Stew- Artstown, which she declined Miss Dick said, as a farther inducement, she had her brother's house to herself, as he was from home, and by all means to come, as they would have some good diversion ; the prosecutrix still refused. When they had got on the car, witness did not wish to go to Stewartstown, but Robert Fairservice drove the car rapidly towards Stewartstown, without paying any attention to the remonstrances of the prosecutrix ; when in Stewarts town they drove to the prisoner's house, where she saw the prisoner; breakfasted there, and after break- fast Miss Dick asked Miss Fairservice and the prose cutrix to go to Dungannon with her, as she wished to make some purchases; the prosecutrix refused, and said she should be too late going home, but Miss Dick laughed at her, and said she would be back in good time. She was prevailed upon, and did go into Dun gannon ; remained shopping there until the evening ; returned to Stewartstown, dined in the prisoner s house; and about nine or ten o'clock, the pio • secutrix was asked by Miss Dick would she go out to the next door to assist her iu purchasing some thread ? and the distance being so trifling, she did not think even of putting on her bonnet. When out of the hall dJor, she was forcibly seized by some person, whom she did not know, and put into a chaise in which was the prisoner, who caught her by the arm, and pulled her, while the other pushed her in ; when in the carriage she found her cloak and bonnet had been previously placed there, which was sufficiot.t proof of the preconcerted plan. The Prosecuttix, the prisoner, with Miss Dick, and the other person, wheat you will find by the evidence to have been a bricldayer, of Stewartstown, hired for the purpose of assisting in this nefarious transaction—these four persons were driven from Stewartstown to lairgan without stopping, a distance of twenty miles, when they stopped for some telreshment, before day-light in the morning, the prisoner Dick guarding the pro stecutrix with a pistol! After some time she was again put into the chaise, and driven through Moira, to the house of a person named Swayne, where, after having wept and fasted the whole day, she was pre vailed upon to go to bed with Miss Dick. From the fatigue she had suffered the two preceding nights, joined to the anxiety of mind she had undergone, yon will naturally judge, Gentlemen, that she would fall asleep ; and you will also imagine, with what horror she found, on awaking in the morning, that in place of Miss Dick being her bed-fellow, the prisoner at the bar was.—l will not pollute your ears, Gentlemen, with the disgusting recital of what passed on the occasion ; it will be sufficient to hear it from the witness herself; nor do I conceive it necessary to arouse your indignation I against the abominable pander to her brother's lust ful and avaricious propensities. The next morning,' the prisoner attempted to soothe the prosecutrix by promises of marriage, and went to Dr. Cupples, ofi Lisburn, to procure a license, leaving his sister and the bricklayer as :her guardian, or rather to watch over her, till his return : in spite of them, she contrived to make her escape to the house of a Mr. English, where she was protected until delivered into the hands of her uncle. I will not trespass on your attention by further details of the circumstances; the evidence will be before yott, and you will dispose of it according to its merits. Elizabeth Crockatt was called and gave a detail of the whole circumstances, and of the way in which she was treated, confirming in every particular the statement of the Learned Counsel. Thomas Swayne was examined for the prisoner.—, Eliza Crockatt did not tell witness that she hat been carried away against her will. Went to Lisburn fur a license; took Eliza Crockatt into the room, and asked her if she knew any reason why she and Sam Dick should not be married? she said she did n t. and desired him to go for the license, and he went by her directions; when witness came home, she had run away. The Learned Judge summed up the evidence, shewing what degree of credit was due to the several witnesses, particularly to the uncorroborated te:i mony of Swayne, Ic.sving it to the Jury to say what degree of guilt attached ro the prisoner. Guilty on all the three counts. At the Tipperary Assizes, an interesting case was tried before Baron Gramme, wherein Mr. BARRY, Coroner, was plaintiff. It was an action instituted to recover 1001. reward, being a sum offered by THO. 11AS MOORE, Esq. cf Ardmayle, for the apprehension of a robber who broke into his house. A verdict was returned for defendant, it being laid down that the person entitled to such a reward should not only ap prehend the robber, but also prosecute to conviction. We learn with regret, that the typhus fever is in creasing in several parts of Ireland. The prevalence of this distemper in Kilrush, in the county of Cla , e, has made It necessary to postpone the Sessions from the 6th of April to the 11th of May. - A letter has been received at Whitehaven, dated at Toula, Jan. 13 (0. S.), respecting the progress made by the Miners who were lauly sent OA from the former to the latter place, at the particular re quest of the Emperor of RUSSIA, CO search for coal. Before the EMPEROR left Moscow, on his journey through the Provinces, Mr. LoxominE, the principal engineer, presented his IMPERIAL NIAJESTY with spe cimens of coal from five different places in the pro vince of Toula. The Sicilian city of Catania, which has just suf fered so severely by an earthquake, lies at the foot of Mount A:tna, as is implied by its ancient name, kat inna. It was destroyed in 1699, by an irruption of the mountain, during which the lava ran over Cie walls of the city. The following phenomena were observed at Ilull on Wednesday the 4th ult.—At high water, about SO minutes past four o'clock in the afternoon, the wind then blowing from the south-west, with moderate weather, the tide flowed at the Old Dock Gates 18 feet 6 inches. After the tide had fallen from one to two inches, the Dock Gates closed as usual with the ebbing of the tide, which then began again to flow to the height, as near as can be calculated, of four or five inches, thereby opening the gates again ; and con tinued flowing a :-,ufficieut time to allow one ship and several small vessels to pass into the dock, before it again began tofall. The tempestuous night of-Wednes day ensued; it blew a heavy gale still from the S. W. and at high water, at five o'c.ock on Thursday morn ing, the tide flowed 11. feet one inch ; being four feet five inches less than on the preceding evening; al though from the spring tides having put in, the water ought, according to the usual state of thing., to have flowed higher than on the Wednesday evening. No particular remark was made at the time at the Hum ber Dock Gates ; but from the Tide-table kept there, it appears that the difference in the flowing of the water, between the evening and morning tiles, was much the same us at the Old Dock Gates. As there circumstances can scarcely be accounted for by the tempestuous state of the weather, it is probable a great convulsion of nature has taken place, in some distant place, of which we have not yet received any account. Wednesday afternoon the daughter of Mrs. 5.17 SANNA JILKS, of Vinegar. yard, Drury-lane, took out an infant si..ter, four months old, and walked as far as the end of PaEker's. street, where she met a man and woman, who pretended to know her parents.— The woman took the child in her arms, and gave the girl a penny .to buy cakes for her: she ran and pur chased the cakes, but or, her return, both the man and woman, with the child, were gone ; and though the girl gave an *mediate alarm, no trace has yet been discovered of the offenders. Its.—TWO PERSONS BURNT.—Monchy morning, between eleven and twelve o'clock, a fire broke out . _ at the house of Mr. JONES, Blacking-manufacturer, Somerset-place, FLlCkney•road, which in a few hours destroyed the whole interior of the premises. By the prompt arrival of the enginn front various parts of the metropolis, and the exertions of the firemen, the adjoining premises were saved and t!e Haines were subdued. We are sorry to say that the unfortunate circumstance did not end here : two persons - ere burned in a shocking manner. They novi languish in the most indescribable agony. CORN EXCHANGE, NIA4M-LANE, APRIL had but few arrivals since Monday, fine Wheat met ready sale this morning at Monday's prices ; and Barley was in brisk demand at an advance of Is. per quarter, for such as was fit for malting. Peas, Beans, and Oats, sold on the same terms as on Monday. AGRICULTURAL REPORT FOR 3IARCII.—The con tinuance of wet and variable weather has had unfa vourable effects on cold and wet soils, where the ope rations of husbandry are in consequence backward, and the spring sowing will be late. Bean -owing was for sonic time suspended. it bring iml to o;k k the land, and water standing on those already pat in. A genial April may yet recover the thin-planted and sickly wheats, and improve them, PS has often hap pened, into the heaviest cropc. Opposite reports, fortunately, are received from the most forward and best cultivated corn districts, where tie wheats have a promising appea"ance—the spring culture is toward, beans, pease, oat;, and barley, are well above ground. Never a more plentiful turnip and potatoe season ; the fine quality of the latter has helped much to economise the stock of bread corn. The' alarming progress of the rot in sheep has at least hal one iTcod effect—that of inducing persons unaccustomed to such excellent practice to draw their tot Mrs from the water-toiden soil, and so feed their sheep upon a dry layer. It may be relied on, that the periodical rot in sheep under which the nation surfers might he, with great propriety and little exception, termed pe riodical teant + . l care. Lambing has become general, with various success, from the state of the weather. . ft . . li ; i • 1 .V • . •I s , 1 i ft i , 11 ).• 4 1 A i ' ) • 1` ' i, , e. • ' . i f ) : • ' 1 t I ! 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