Star. — London, England, 1820-01-03 00:00:00

LAW INTELLIGENCE. COURT OF COMMON PLIAS. • THODIPSON D. 0101/211. Mr. Serjeant ONstow stated to the . Jury, that this was an action brought by a Gentleman of the name of Thompson against Miss Emily Glover, to recover altogether upwards of £BOO due, to him upon A note of hand for £lOO, an account comprehending items to the amount of £5O, and a general charge of L7OO for board, lodging, end. maintenance, during a .series of years. He observed, that it was a case which had reference to unpleasant family disputes. The LORD Cilia , JUSTICE here interposed, ando6- served, that if it was a case that developed family, quarrels, is had, if possible, better be referred to a, more private tribunal ; but the Counsel for the &fail dant not consenting, Mr. Serjeant Chinos,' continued his address.—He stated, that undoubtedly the defendant was entitled, if she thought proper, to have the cause publicly heard ; for his own part, he thought the discussion was one which had better not be brought before the Public. He stated, that the more considerable part Of his client's demand was for four years' board and lodging at the plaintiff's seat at Henley Castle, in the county of Worcester, where the plaintiff at that time resided, in a state of very considerable affluence and prosperity. The defendant, who was a young Lady of high hopes and expectations, remaided at his house during the period in question, enjoying all the ad vantages his rank in society afforded her. She had the use of his carriages and horses, went to all the Places of fashionable resort—in the summer to Chel tenham and other watering-places, and, in short, lived in the style of a young lady of fortune an 4 fa shion. It was not more than she was entitled to from her birth, and the former situation of her family; but it was unreasonable she should expect to enjoy those advantages at the expense of the plaintiff. He should have considered her as a Lady of too proud a spirit to be indebted to, any individual whatever for her support. The plaintiff had married her sister, and by a strange reverse of fortune, had fallen from a state of affluence to one of adversity and distress; he was no longer able to support his former establish ment, but, on the contrary, had been obliged to retire, frcan economical motives, into France. He naturally expected, that upon this change in his condition Miss Glover, the young Lady whom he had so long be friended, would, when she had it in her power, have paid the debt she had contracted. She was perfectly able to discharge the debt, for she had sipce married a Gentlemareof a very large fortune. It was not to be contended that the plaintiff was bound to main tain the defendant in a style of extravagance, for no other reason than because she was his wife's sister.— With regard to that part of the demand which con sisted of the note of hand, he could not conceive any possible defence that could be brought forward, and as little answer could be given to the account, which had actually been settled liy herself. A Gentleman of the name of Benson was called, who proved that this' young Lady had lived with the plaintiff at Henley Castle during the period stated by the Learned Serjeant ; that she lived in a very gen teel style, and lie had heard her express her anxiety' to iclieve the weight on her mind, in consequence of the expense to which she had put her brother-in-law. This- witness conceived that the charge of 1150 a-year was very moderate, taking his criterien from the charge usually made at boarding-houses.---On his cross-examination, he said he understood that Miss Glover's father had been a man of fortune, but had previous to his death become involved in difficulties. He had never heard that Mrs. Glover, the defendant's mother, had been maintained by the different branches of the family. He knew -the young Lady, the defen dant, had at times been in distress, owin to her fa ther's affairs not having been.arranged. Witness had lent her money, and had had recourse to harsh means to recover it; but this, he stated, was because she had published certain libels against him, for which, when they stood for trial, her Counsel, at the Assizes for Worcester, had apologized. It was upon this apo logy that he had withdrawn the action, and consi dered all variance with her and her family at an end. A servant named Lowten also proved the style in which Miss - Glover lived at the plaintiff's house. He said she , had a horse, gig, and a servant or groom to ride after her; but, upon his cross-examination, he admitted that the plaintiff did not keep a horse or carriage on purpose for the defendant, nor had he added to his establishment on her account. She had, the general accommodation of the house. Charles Ferguson stated his having visited at the plaintiff's house, and he described the way in which Miss Glover was accommodated. Ho had frequently seen the defendant at Cheltenham and other water ing-places. His Grace the Duke of Devonshire was called to prove the terms upon which the plaintiff inferred the defendant had been an inmate in his house ; but his opinion was, that she was living with him on the footing of friendship and affection. _ The signature of the defendant to the note of hand was ',toyed, as well as to the adjustment of the items contained in the account. Mr. Serjeant LENS addressed the Jury on the part of the defendant ; and he submitted, that the den and attempted to be made by the plaintiff on the defend. dant, was one which was not originally intended to be considered as a debr; but it was a desperate at tempt, by a ruined man, to extort money from his wife's relative, and to assist his own affairs by pro bably bringing ruin on another. The plaintiff, though his cause had for many Terms stood toady for trial, had always postponed it, because he knew that the evidence of the mother would put an end to his hopes of obtaining a verdict. The mother had lately died, and it was because her testimony was now removed 'that the plaintiff had ventured to bring his cause into Court. The Noble witness who had been called la* on the part of the plaintiff, had proved that she was living in his family on the terms of a sister, and that she appeared to be one of the family. With respect to the note of hand, it was not only signed by the defendant, but by her sister ; and he should shew, that so far from having been giAn for any actual consideration paid to the young Lady, it was a mere note of accommodation, for the purpose of raising money through the medium of the mother, elho had some property of her own. use real history of the. ttansactioa was this :--Upon the death of Miu Gio ver's father, who left a-widow and a large family , consisting o f sons and several married- and unmarried 'daughters, upon the discover/ of his affairs being embarrassed, there was a meeting of the different members of she family, for the purpose of arranging some mode of providing for them. It would appear that the plaintiff, who had married' the eldest sister of Miss Gloster, had received with her a portion of! net less than £3OOO, and this was the only daughter who had received any portion, the others neverliav in'g had a shilling of their father's estate. The plain tiff by this time having himself fallen into difficulties, was unwilling or unable to refund to the family any part of the 1:3000 fortune he had received with his wife, but he agreed to take charge of the youngest' daughter, who, for some time previous to her father's deaut, had been on a visit to hishouse. According'y, he received the defendant into his family precisely on that footing, and, but for his distress, it was impos sible he could have resorted to the expedient of charging her with a debt which he must have been sensible was originally gratuitous, and the subject of family arrangement. He would spew, that long after the period- when this young Lady was supposed to have expressed her anxiety to discharge the obliga tions she had to him, he had written her letters, en treating her to use her influence with the person whom she had since married, in order to induce him to advance her the sum of £lOO, on his account, to relieve his pressink necessities while he was at Paris; and in that letter he had made no mention whatever of any debt due frcm Miss Glover to him, or any demand he had upon her—a circumstance wholly in credible, if any debt had actually existed ; for it was not to be supposed he would be urging her to bor row money for him from another, when he might have avoided his pecuniary difficulties by calling upon her to pay him the debt she owed him. The first of these letters was dated at Paris, May 11th. 1816, and was to this effects:—" My dearest Emily, save us from our state of misery, and shew the en closed letter to --. It will interest you more than ever in his esteem," This letter enclosed the one that was to be Made use of by the defendant.— The plaintiff observed in his letter—" It could nei ther be offensive to herself nor to him, but would operate favourably on his mind, seeing a letter writ ten with such sincerity, and apparently not intended to be shewo to him." Then the letter said—" He could not doubt the defendant's success in obtaining the money, and he desired her to keep £3O herself, and only send him £7O, which she might rely on his punctually returning within a certain period. Then the letter went on to state a great variety of circum stances, spewing the distress to which the plaintiff was reduced, and how his very existence, and that of his wife, the defendant's sister, depended upon her suc- , i ceeding in obtaining the money Car him. He de scribed to her the lodgings they had in Paris, the same he had in the preceding year hired in order to see the entrance of the Usurper. He expressed a with to secure them for the defendant ; but observed that all his hopes might be blighted, himself pliced in a prison, and her sister destitute of every thing.— He stated, that their rent was due, and bow to go on till he could even have an answer from the defendant, With the duns about him, he did not know. Fly again they could not ;'they had no wire: e to go; it was life or death. After much more to the same effect, he reiterated his solicitations to the defendant to procure tl:e moneyfor him, the want of which would be inevitable ruin. In all this letter, be never stated a single word about his having any demand. The enclosure, which was to be laid before the person over whom the writer supposed her to possess such influ ence, spoke of his high . character for beneficence, and made use of that flattering sort of language which be thought would be most likely to operate upon his mind. It praised him fia- his discernment in the se lection he had made of one possessing so much merit AS the defendant; and had recourse to that artful, kind of language which he thought most likely to make an impression upon the person for whose view it was intended. The sister, however, it appeared, di,clained to actin a manner which she very properly , thought would be unbecoming of her. She refused to interfere in the way the plaintiff had requested her, and wrote to that effect. And even upon this occasion the plaintiff never entertained the smallest idea of asking her for the debt she owed him, which undoubtedly he would have done, had he had any demand upon her; but instead'of so doing, he wmte her a letter, stating that seventeen days had elapsed since his last address, and it was only yesterday that he received her's in answer. He observed, that his feelings could not be expressed; that her letter had added a blow he never expected to have felt. He descried his distress and that of his wife, and repre sented her as destitute ok apparel and thrown on a bed of sickness, and himself scarcely able to hold his pen. Throughout this, and a great variety of other letters, still he never made the least claim upon the defendant for any debt due from her. Was it, there fore, possible for the Jury to suppose he would have so written if there had been any foundationlor the claim which he had now trumped up ? It was im possible they could consider th 4 an action which the plaintiff had a .right to bring igainst his sister; and he had no hesitation in persuading himself that they I would dismiss his action out of Court, and find a ver dict for the defendant. Peter Glover, the brother, was examined, and con firmed the circumstances stated by the Learned Ser., jeant. He mentioned, that upon the death of his', father, and the discovery of his insolvency, there.was a meeting of all the members of the family at Hen. ley Castle, at which the plaintiff, who had received £S,OOO with his wife, was present. The defendant was the younger sister, and had received no pmtion whatever; she had resided with the plaintiff some! time before. The plaintiff agreed to advance fi fty pounds, to relieve the mother s immediate necessities,, find Emily was to continue to reside with him as shit bad previously done, because Mr. Thompson said it was net convenient for him to return any-part of his wife's portion ; Emily should therefore live withliim e and be would take care of her. That was the an ! , ringement which, was acted 'poe. The plaintiff had expressly given hirn % the witness, to understand, that be would take 'care of Emily till her father's affairs were arranged. They never yet had been arranged, but very far from it. The witness stated, that his mother had attended twice, when this cause stood for trial, but that the plaintiff had postponed bringing it on. -The mother had been dead bat two months.— The witness, bit cross-Mansiustion, said, he bad Or. gone by a different name from his own,'bnt it was to ' avoid an arrest at the suit of the plaintiff, who, he Weir, bad a writ out against him. He stated, that the plaintiff had arrested his mother, when she wa; between seventy and eighty years of age, and had brought her from Badmen Jail, in Cornwall, and at , her advanced period of life, had lodged her in the King's Bench i but the result was, that after having kept her confined, she had a verdict in her favour., The witness concluded his testimony by observing, that his sister origipally went to the plaintiff's house by his invitationMtnd, as he conceived, continued with hiin en that footing. Mr. Jervis, a Sheriff s Officer, stated, that be was applied to by the plaintiff to arrest Emily• Glover. He received a very accurate description of the Lady, and was informed that she resided at Putney. He was ordered, if he found her,. to he very cautious what bift he took, for she would endeavour to impose that kind of bail upon him. which would ultimately be the means of fixing him with the debt. He ss is instructed not to take the bail of Mr. Benson, and several other persons whom he could name, though he knew them to be persons of the greatest respect ability. He was particular)y urged, if possible, not to take the bail for Miss Glover, but to persist in con fining her ; if he did so, the plaintiff was sure the moner_would be paid. The witness went to Putney, but did not succeed in finding her there; he stated the expense that would attend his frequent journies out of town, but the plaintiff told him not to mind, as he would give him fifty guineas for his trouble, if he succeeded in taking her. This was the evidence for the defendant, which was followed up by reading the different letters which had been referred to by the Learned Serjeant. Mr. SerjeantONstow replied at considerable length. Lord Chief-Justice DALLAS, in addressing the Jury, went over the whole of the evidence. It would be for them to consider, in the first place, for whom the verdict ought to be—whether for the plaintiff or the defendant. If for the defendant, the cause would terminate upon their pronouncing their verdict ; but if for the plaintiff 4 -then it would become a question how much he would have a right to recover? I: did appear to him, that, as far as respected the note of hand, the plaintiff was entitled to recover, notwith standing what had been inferred with respect to the motives which induced the defendant and her sister to sign it. This was no proof of the fact. The same ohservation, in his opinion, applied to the account stated. There were in that account several items of sums of money furnished to the defendant: she appear ed to,have admitted her liability to pay the several Reins of the account : however the might consider --herself discharged by these circumstances, Witt. 1 which, though she herself might be well acquainted; there had not been sufficient proofs of them laid be fore the Jury to warrant their conclusion that the money mentioned in the account was not due. His Lordship therefore repeated, that it seemed to him the plaintiff was entitled to recover to the extent of £150; but the most important part of the case re lated to the board and 1, - Aiging. Upon this point, there was no proof whatever of any previous con , tract, or agreement, by which the plaintiff's sister in-law promised to pay for her support while she remained at her brother's house. It appeared, on the contrary, from evidence which was indisputable, that the plaintiff had received the lady into his family upon an express arrangement and understanding, that he was to provide for her at his own expense, till her deceased father's affairs should be adjusted ; ;tad it had been proved by several witnesses that her father's affairs never had been settled ; in fact, that there was no probability of his debts being paid. It did not appear that her residence in his family at all increased his expenses. With respect to the note and the account, his Lordship repeated his opinion, that the plaintiff was entitled t them. The Jury retired, and glliter consulting nearly an hour, brought in a verdict fur the plaintiff for £l5O, being th t e amount of the note of hand and the seve ral items, rejecting altogether the claim for board' and lodging. POLICE. _ __ TOWN . Hart, SountwaaK.--Saturslay, a fellow named John Edwards, was brought before Sir Jona Vaisma, the presiding Alderman, charged with caus ing a riot at St. Thomas's Hospital, assaulting Liam Bull, the porter, , breaking his ribs, giving him two black eyes, and dangerously hurting the cap of his knee.—The complainant stated, that on Tburs day night, about seven o'clock, an accident was brought in, and a considerable crowd (as is usually the case) followed ; amongst whom were observed a number of what are called "body-s-natchert," whom the surgeons had long discountenanced ; and as some disturbance was anticipated, witness was ordered to close the gates. In attempting to perform this duty, he was obsti dcted by the prisoner, who, with his body half through the gate-opening, declared his determination to enter, whatever might be the conse quence. Mr. Millard, the keeper of the Museum, ' then came up, and, with his assistance, he succeeded in pushing the prisoner out ; but was himself forci bly dragged after amongst the mob, by the prisoner's companions, who, crying out for assistance to the rest of the crowd , to beat him most unmerei-, fully. 'life prisoner, dui ing the whole time, was very active ; he gave the complainant two most des perate blows in either eye, which closed them up in a twinkling, and, when down, kicked him about the side and back, till he was so exhausted as to be un able to move, from the effect of the bruises he had received, particularly one on the cap of the knee. A posse of watchmen were procured, who succeeded in taking the prisoner into custody, and, after consider able difficulty, dispersing the rioters. Mr. Bull, who was almost insensible, was carried, in a helpless state, into the surgery. Mr. Millard, and a Gentle man, named Fletcher, who had vainly (although spi ritedly) exerted themselves to rescue the complainant from his merciless assailants, fully identified the pri soner, and declared, that they had never seen an out rage half so cowardly or brutal before in their lives. The prisoner, .in a most abject tone, attributed' his misconduct to the effects of liquor, and in a manner at once disgusting and humiliating, begged to be for. givenr---Mr. Bull declured Ms tlctermination to Ro secute, to which he was strongly urged by,the . Gen , tlemen belonging to the Hospital.—Sir Jona EAMIR observed, that dui mg the whole course of his practice, as a Magistrate, , he did not recollect to have met with any rase so waxiest, se very asievardly in its complexion, as the present.. Hew wai• a *ao, thy :errant of Al flub& • and very useful Institution, in the peaceable exercise of - a necessary duty, beset by a lawless and ruffianly rabble—beaten and trampled under foot, in a manner that would disgrace dni rudest native of Caffraria. Such outrages ought not; and should not, go unpunished, and he should, there fore, insist on having good and substantial bail for the prisoner's appearance, and that 24 hours, notice should be given of the same, in order that inquiry might be made into their responsibility.—Conimilcd. WORSIIIP-3TREET.—LIGHT Bit BA Ef.--Several in• formations had lately been exhibited at this Office against the sellers of light bread, and a numbei- of persons of that detcrintion had been convicted in mi tigated penalties for selling bread deficient in weight: It was, however, intimated to 'the informers, that their attention wild be more serviceably :applied to the conviction of the bakers, instead of the sellers,' who might in some cases err from ignorance. O' of the informers observed, that the bakersidgeneral were too sly for them. On Saturday, however, a baker of the name of John Boit:man, appeared be fore ROBERT BRVILL, E•.q. charged upon information' preferred by William Johnson, for selling tour half- Wartern loaves deficient in weight fourteen ouncei. William Johnson, the informer, stated, that he sent to Boroman's shop, and asked for four half-,inartera loaves, which were delivered to him, and he paid for them. He then desired the defendant to weigh thein in his presence. The defendant would have weighed them altogether, but Johnson insisted upon their being weighed separately. The baker went for the weights, and on his return-weighed two of them to gether, and observing that they were deficient in weight, he said, " I see now what you are, but I shall make up the deficiency," and threw in a roll for that purpose. Johnson told him that he did not buy the roll, but the loaves cjily. The hoiiest baker would have gladly persuaded him to take back his money i and not to have the bread, but Johnson having paid for 'the loaves, insisted he would have the loaves, and nothing but the loaves." The other two loaves were then put in the scales, but they were also foutai wanting, a! :d -itother roll was thrown in to turn the balance in favour of honesty! John'ou, ly:wevtr, swore he did not buy the rolls, but the lo.Lves only, and that Ire took the rolls merely because I.e con cluded he should rt:lt get his loaves s itheut them.— Mr. BEVILL convicted the defen ant in the lull pe nalty of L7—ten shillings for every ounce deficient. MANSION ITOUSE.—Saturday, a sailor; named Pe.- tison, was charged by thb Church% ardetis of All, hallows, with having disturbed the Church, at the time the ceremony of the Sacrament was going for ward. He swore in the lobby that he would have his share of the wine ! One of the Churchwardens requested that he would conduct himselftlecently, or leave the Church. He was determined to do neither, he said, and continued to raise an uproar in the Church.—He was remanded. A Gentleman of Warwickshire, who has suffered 'severely from Gout and Rheumatism, has contain oicated, 'through the medium , of The Alonakly Ga. mete of Health (last Number), the means by %%hid' he and his friends immediately subdued Gouty Pita; rozysm, and has effectually detroyed the predi.poJ sitionof the system to the disease. This, and two other communications on Rheumatic Gout, and a .species of Rheumatism of the membranous.covering of the bones, which has escaped the notice of the Medical World : render this Number particularly in. teresting to Gouty and Rheumatic Invalids. a communication in the same Number, from the cele brated Dr. SPALDING, of New York, it appears that the Scull-cap Plant has effectually succeeded in pre venting and curing Hydrolhobia, in upwards of SOO ' cases. Among the other intelliFence of importance may be noticed, the cases of Locked Jaw, Typhus Fever, Scrofulous Tumours, Palsy, Dysentery, Fluor Albus, and Indigestion; cured by new modesef veg. , rnent, by Practitioners of the first eminence. The prescriptions—for Dinner Pills,' general Nervous Ir rit%tion, Dr. Di VALANGIN'S Balsam of Life, are very valuable. Mr. Rvsma's Specification of his Cardiac Tincture, and a Biographical Sketch of Dr: BIRKIIIiCK, will be found amusing. The Advice to. Visitors to the Cape of Good Hope, is an article of great merit. Indeed the subscribers to . this . Monthly . Work must allow, that its interest increases as the Numbers advance. Although only three years have elapsed since its first appearance, it exceeds all the .Monthly Publications of this country, bothin extent of circulation, and in the value of its original matter' MARRIED. ~. . • The Ree. Charles Arthur Sage, to Caroline, sixth daughter of the late James Quitter, F.sq. of Hadley. ,The /ter. William Carter to Miss Hill, of Loren.- Meier. E. Willes, to Emily, second daughter of the Rev.• J. S. Vigor. . ' The Rev. J. Coles, of The:diary, to Sarah, only daughter. of t Mr. Young, of Bath. • DIED. Saturday se'nnighto aged 55, after a long inners, S. Sellwood" Est F e llo w of Magdalen Col lege. Dec. VS, at Brighton, aged es, the Rev. Frederick Handllr ton, formerly Minister of the Independent Congregation asses* tiling in Union-street: Saturday sennight, at his residence lii New Inn-lane, Oxford"- the Abbe Senechal, one of the Teachers of the *moth Lan guage in that University, and formerly am of the Professori belonging to the College at Amiens. • • Friday, at Winton aged MI, Mrs, Qrifilds, rehet Rev. John Griffiths, la te of Hitchia, Herts. - Sunday sell:light, at the President's Lodgi • ma, is L College, Oxford; Mrs. Mary Bawler, aged 72 : for the greater part of her life she was the faithful upper servant is the family of the late Rev. Dr. Clare, of Rugby. Thursday, Agnes, wife of the Rev. H. S. Hopwood, }Thar tei of the WipLeyan Chapel oxford. Sunday se'nnight, at Mrs. Trollope's, St. Giles's, Oxfordr Susanna Ellis, ipwards of SO years a faithful servant is that family, and greatly respected for her integrity, Dec. 20, at Bury St. Edmund's, aged 20, Andrew Master* Bproule, of Jesus College, Cambridge. ,Of the prevailing fever in Bermuda, the 20th September last, in the prime of life, the Rev. James Ch almers , teacher. A few days sin ce, at 'Great Bartbn, aged le r . Mr. Jame* Tricker, training groom to Sir C Bunbury. Tuesday, at his father's residence, at the Royal 'Hospital, at Greenwich, Mr. James Edward Spearing, late First Clerk of the Agent VictuaLler's Department, at Portsmouth.; Dec. 18, at Tunbridge, aged 74, William Mminonds, I.qr The death of this Gentleman was occasioned by his foot slippimg in descending the steps into his garden ; he feh little or no in jury at the time, but a 'mortification =sued, which speedily term minattld his ex istence. HIGH-WATERat LONDON BRIDGE ToLlionnovr. sk r nin g so enlaces attar 4 Abernsen 4 5 - LONDON : Printed and published by Low *Mk Pislesrn; Ple!se, .7sentio-Dsre - - .. 5.,. ~_..a ~. w. r i , ,