Star. — London, England, 1829-11-18 00:00:00

20 Per Cent. - ‘•__ _ ....- - t -_. 1.4,5 z. ‘, 4iir r-- , -. 4 \Ti • ... • le t• ''': ~,....72 . :0 7 ., 01 • ~,, N. • / Z.: 4 • ' }:1 1 • ' THE MYSTERIOUS AFFAIR. ~'~', WESTMACOTT'S ANSWRR ON AFFIDAVIT. Concluded from the STAR of Yesterday. Mr. %Yuen...corr, in his answer, admits that in the month of N ivember last the complainant was in possesslen of tt.e documents in the bill mentioned ; but he does not believe that he (complainant) was rightfully entitled to the same, because he was informed by the complainant that he bad surreptitiously obtained those docu ments. b taking them front the house of Gen. Garth, a a tie when he y was con fi ned to his bed by illness, and retained the poms session without the consent of the General. He believes it to be true that the documents were of great value to the parties right fully entitled to them, but to such persons only ; and he believes that some of the documents did relate to the station of the com plainant. Some time before Vie month of November last the com plaivant informed him (Westmacott) that he had threatened to publish the documents, in the hope that the parties who were right fully entitled to them would give hint a sum of money to induce halt not to carry thlt threat into practice, and to give up the do cuments ; but he does not helieve that the documents related in any manner to the affairs of the complainant, or the claim which he made upon certain persons named in the documents ; or to the mode by which such claims could be enforced. He believed it is true that the complainant was at th it time indebted to several per sons in various sums of money, amounting in the whole to a con.i derable sum. His (Westmacott's) acquaintance with the com plainant commenced in the month of August, 1828, when the complainant called at his residence, and arterwards wrote a note to him, requiring to have five minutes' conversation with him; in con sequence of which be (Westmacott) called on hint shortly after wards, when the complainant informed him that he was greatly em wereont of his ebts, for which some of his creditors actually suing, and whic d h he had no means of discharging ' • and also on account of a quarrel in which he was involved with General Garth (whose natural son he raid he was)—and he also informed bim of his being in possession of the document above mentioned, and of the means by which he bad obtained them ; his threat of publishing the same was with the view abovementioned ; and he solicited his (Westmacott's) assistance in arranging with his creditors. and extricating him from his embarrassments; and he made him acquainted with so much of the nature of the documents as convinced him that to publish them would not only have been illegal and unjustifiable, but would have inflicted great pain and disquiet on various parties mentioned therein. And although he was willing to render complainant assistance to relieve him from his em b ar rassments, he determined not only to assist him, but to do all in his power to prevent the threatened publication from ever taking place; and he therefore represented to the complainant the imptopriety and iniquity of the conduct he had threatened, and wholly refused to take any steps in his affairs unless he consented to forego his avowed intention; and after some discussion the complainant agreed to follow his advice, and gave hint full and absolute authority to act for him in all his af fairs, and engaged himself to ratify and be bound by any engage ment he might make in complainant's name and behalf, as well re specting his debts as respecting the documents, which he shortly afterwards delivered into his (Westmacott's) custody. He, in con sequence, applied himself to the arrangement of the complainant's affairs. and with his authority made a communication to Sir Her bert Taylor, who, he was informed by the complainant, was de sirous of having the documents destroyed, or placed in safe cus tody, so that neither the complainant or any person should have access to them without his consent. And in consequence of such communisation, Sir H. Taylor entered into a negotiation with him on behalf of complainant ; and that Gen. Garth was a party to such negociatios. by Mr. Charles Frederica Williams, who acted as his confidential friend ; and several interviews took place be tween him (Westmacott,) as the agent of the complainant, and Sir Herbert Taylor, relative to the deposit of the documents in safe custody, the result of all which were communicated to the com plainant ; and frequently before they took place he discussed with complainant the representations which should be made on i con be half to Sir Herbert Taylor, and in which he always corred. And a meeting baying been appointed to take place on the 19th of November, for the settlement of the terms upon which the docu ments were to be wholly given up, he acquainted the complainant thereof, and requested from him an explicit and written authority, to conclude finally the proposed arrangement, whereupon the com plainant wrote to him the following note :—" Grosvenor-place, Thursday night. My dear Westmacott-1 ant most happy to au thorise your meeting Sir erbert Talor to-morrow morning, and trust to your seal and fr i endship ev ery arrangement necessary to bring this affair to an amicable conclusion. Truly yours, J. Garth." The meeting was held at the house of Sir Herbert Taylor ; and Sir H. Taylor and Mr. Williams being present, he (Westmacott) stated to them, at the express desire of 'the de fendant, that his debts and engagements did not in the whole 'amount to £B,OOO, including the sum of .6'3,ooo—which, since the negociation had been begun, and in consequence of the proposed de livery up of the documents, arid that the contents should be kept secret and wholly suppressed--bad been paid for the purpose of re. lieving complainant from the pursuit of some of his more urgent creditors, vix..C2,000 by Mr. Williams, as the agent of Gen. Garth, and. £lOOO by Sir H. Taylor. And he (Westmacott,) with the au thority and consent of the complainant, that on the payment by Sir • H. Taylor of one-half of the remaining sum of £5OOO, and procuring an annuity of £1,500 per annum, to be settled on the complainant for his life ; and on the understanding that Gen. Garth would ad vance the other half of the said suns of £5,000, (the whole of which was to be applied to the liquidation of the complainant's debts,) and would endeavour to make a similar provision for him, by way of annuity, for his life, that the whole of the documents should be delivered up to Sir Herbert Taylor to be destroyed. A discussion thereupon took place, and it was ultimately agreed, that upon Sir Herbert Taylor's undertaking to procure the moiety of said sum of £5,000, and to secure to the complainant for his life an annuity of • £2,000, and promising at the same time to endeavour to procure the said annuity to be extended to £1,500: and on the understand ing that General Garth would concur in the .gement, and make a similar provision for the complainant, which Mr. Williams expressed his belief the said General Garth would do, although he had nosufikient authority to undertake for hi to that effect, the documents, and every extract from them, i f any such existed, should be given up to Sir Herbert Taylor to be destroyed ; and the complainant and General Garth, and every other person who had by any means become acquainted with the contents thereof, or of any part thereof, should pledge themselves. and should enter into as solemn an obligation as could be devised to maintain a strict silence respecting the same; and it was then further agreed, as a preliminary condition, that until the proper instruments should be prepared for carrying the above arrangement into full effect (one of which was to be a deed, securing the payment of the annuity to he procured by Sir H. Taylor to the Earl of Glengall, as a trustee for the eomplainant,) the documents should he deposited under lock and seal, in the hands of Sir J. D. Paul, R. Snow, and J. D. Paul, the bankers of said Westmacott, in the name of Westmacott and Sir Herbert Taylor. And he (Westmac ott ) at the same time . promised to obtain from the complainant a correct list of his debts, and undertook that he should exert himself, as far as was possible. to reduce their several amounts below the sum at which be had already stated them. And he denies that any such agreement as set forth in the bill, or any other than the above-mentioned was at complainant,e entered into • and which he immediately communicated to who Wholly approved of and confirmed the same, and very warmly expressed his thanks for his (Mr. Westmacott's) exertions on his behalf, and his satisfaction at the success of the ne gotiation. And another meeting being appointed betweeu the same parties for the 25d of November, he informed complainant thereof, and on the morning of that day, received from him the following note ;—" Dear Westmacott—l have sent the gig early. as I should like to see you ere your interview ; for that purpose I shall be happy to see you at breakfast at nine. Yours truly—J. Garth." In consequence be breakfasted with the complainant that morning, when he repeated his concurrence in all that had ben done at the f or m e r meeting, and proposed that the box containing the docu ments should be given up on the following day. And after break fast he (Westmacott) went to the house of Sir H. Taylor, where he had an interview with him and Mr. W. when he was informed that the purport of the agreement entered into had been com municated to General Garth, who had in no respect objected to the same, or any of the terms thereof ; and he communicated to Sir Herbert Taylor and Mr. Williams the complainant's confirma tions of the agreement made on his behalf, and appointed the fol lowing day for delivering up the box containing the said docu ments to Sir Hetbert Taylor. in order to its being deposited with saidlankers. And he (Westmacott) does not believe that the complainant ever believed that such an agreement as in his bill is mentioned would be or ought to be carried into effect; but the complainant had good reason to believe that the agreement herein before meniioned should be carried into effect as it ought to be, and as he believes it would have been, but for the violation by the complainant of the principal stipulation in said agreement. The complainant stated to him (W.) that the s.id be: contained mn only all the said documents, papers, and correspoudence, and also ail such copies of or extracts from the sante, or any of them, as were then in existence, which statement he has since discovered to have been *belly untrue. And up to the time of his making such discovery: be had been, and ptofessed himself to he, the triend or the mid•complainant ; but since lie made such a discovery he has neither been, our pro fessed himself, nor is he the friend of the complainant. And he bad, fur more than two months before the period of said interview, been actively engaged in endeavouring to arrange the affairs of the complainant, a... 1 had expended several sums of money on his behalf ; and had composed and written many letters for hint, and had otherwise bestirred himself in the endea vour to extricate the comp:sit...tit Irvin his eutbartassments ; and he only undertook so troublesome a task on the express agreement that he should be fairly compensated for his pains, and reimbursed all the expenses he might be put to, when he should succeed in bringing the affairs of the complainant to a conclusion ; and as a proof of his earnestness In making such promise, the complainant soon after his interview with him, deposited in his hands the box containing the documents, which, upon the complainant's request, he afterwards permitted him to take away ; and which again, and mote than once before its being deposited in the hands of his (Westmacott's) bankers, was placed in his possession ; under these circumstances, he submits to the Court whether he has not a lien on said box, so far as the complainant may have any right to the possession thereof, for the amount of such compensation as i.e may be fairly entitled to, as the agent of the complainant ; but be dis claims all title to or interest in any of said documents. Ile admits it to be true that the complainant, upon the day of the last-men tioned interview with Si, Herbert Taylor, did meet Sir Herbert at his ( Westmacott's) house, but denies that it waif by appoint ment ; for, on the contrary, Sir Herbert Taylor had frequently expressed a strong repugnance to meeting, or having any personal communication with the complainant, in consequence, as he said. of certain circumstances which bad taken place at a former inter view he had with him ; and he bad expressly refused to have any dealing or interview whatever with' him personally, which he (Westmacott) had communicated to complainant ,• notwith standing which, he expressed a very earnest desire to be present at the delivery of the box, and when Sir Herbert Taylor arrived at his (Westmacott's) house, the box and its contents were in a room on the first floor, and the complainant was in a room on the second floor, and Sir Herbert Taylor, at the earnest desire of him (Westmacott). and on his assurance that the complainant would only address him en the mere delivery of the box, costumed to see him; and the complainant came into the room, and brought with him the key of the box. which he opened, for the purpose, as he stated, of verifying the documents. And immediately before the arrival of Sir Herbert Taylor, he (Westmacott) bad carefully in spected the contents of the box, for the purpose of ascertaining that they consisted of the whole of the documents which had been in it when he first became acquainted with it ; and be found that all such documents were then in the box; and as the basis and chief stipulation of his agreement with Sir Herbert Taylor was, that all the documents, and copies, and extracts, if any such had been made, should be delivered up to be destroyed, to take out of the power of the complainant the means which the p ion of the said papers gave him, of wounding, as he bad threatened to do, the feelings, and raising imputations against certain individuals, to whose private and personal affairs the above related, he asked the complainant if the box at that time really and truly contained all the said papers, documents, and correspondence, and every copy or extract from the same, that had been made, if any such had ever been made? in reply to which the complainant solemnly and re peatedly pledged his honour, as a gentleman and an officer, that the box did contain all such papers, and that no copies or extracts from the same had ever been made; and that no document in any way connected with the subject was in the possession or power of the complainant, or was in existence. And the complainant, after having opened the box, assured Sir Herbert Taylor that all the documents relating to the agreement were then contained in the box, even to the letters of Sir Herbert Taylor, which he held up in his hand, and explicitly and solemnly stated that nothing whatever connected with said documents had been kept back, for the truth of which statement he again pledged his honour to Sir Herbert Taylor ; and he (Westmacott) giving full credit to those declara tions, assured Sir Herbert Taylor that the fact was so. Com plainant then locked the box and put the key in his pocket. The box was immediately tied round with tape, and sealed by Sir Her bert Taylor, complainant ' and himself (Westmacott); but the re taining of the key of the box by the complainant was not spoken of, nor in any way called to the attention of any of the parties pre sent. And after the said box had been locked, Sir Herbert Taylor wrote a memorandum, purporting that said box was deposited for safe custody with Sir John Dean Paul and his copartners, and was to be delivered to Sir Herbert Taylor and Mr. Westmacott, or their joint order, which they both signed ; and Sir H. Taylor then requested him to get a receipt for the box from Sir J. D. Paul and his co-partners, in similar terms ; and he having promised Sir H. Taylor that the box should be deposited in the manner agreed upon, Sir 11. Taylor left the house; and he denies that more than one re ceipt was ever proposed to be given, which we, to be given in his (Westmacott's name) as the agent of the complainant, in which character alone he bad acted throughout the transaction. And he denies that it was suggested that the name of the complainant should be used in two receipts, as untruly alleged in the bill; and he also denies that the reason the receipt was not given in the coin.- plainant's name was, as untruly alleged in the bill, lest some co lour or countenance should be thereby given to the rumours in the bill mentioned ; the only reason being, that the receipt actually given was given in his (Westmacott's) name, because he had acted throughout as the complainant's agent, and had been recognised in that character by the complainant, and by all the other parties, as well as that Sir H. Taylor had repeatedly expressed his de termination not to have any direct or personal communication with the complainant. He admits it to be true, that immediately after the meeting of the 24th of November, be proceeded, in company with the complainant, to the bankin, -house of Sir John Dean Paul and Co. but he denies that the complainant did there, or at any other place, deliver the box and its contents into the custody of Sir John Dean Paul and his partners, or either of them, in the joint names of Charles Molloy Westmaeott and Sir Herbert Taylor ; for the complainant did not, on that occasion, enter the banking house. That he (Mr. Westmacott) in whose possession the box end its contents had previously been, did, having first locked and sealed it, deliver it into the custodyof Sir Jobn Dean Paul and his partners, in the joint names of himself and Sir Herbert Taylor; but he denies that he received any more than one receipt for the box, which receipt he acknowiedges to have handed over to Sir Herbert Taylor. On mentioning his intention of so doing to the complainant, be at first objected, but upon the representation that Sir Herbert bad a right to insist on it—u a proof that the preli minary condition of the agreement had been fulfilled—and that not having the box of papers in his poundal, he could net tarry his threats into execution, he appeared to be convinced of the reason ableness of the delivery of the receipt, and accordingly consented to it. Mr. Westmacott goes on to state, that he does not know. nor does he believe, that the complainant ever made, or caused to be made, a Mt of his debts, to be furnished to Sir Herbert Taylor, in order that they might be liquidated, although be knows that it had frequently been asked for by Sir H. Taylor; but on the con trary, he believes that the complainant did, after the deposit of the said box, contract additional debts, in the hope that he should get them paid by Sir Herbert Taylor and General Garth; and that with this view, be did all in his power to prevent an accurate account of his debts from being procured. That be does not be lieu the complaisant bas made any application to Sir H. Tay lor, for the purpose of entering into the anticipated agreement, tor the performance of which be believes Sir H. Taylor was always ready, and which, he believes, would long since have been com pleted, but fur the complainant's own conduct. He denies that it was stipulated to pay the debts of the complainant beyond the sum before sisters, viz, £5,000, He also denies that it was stipulated that complainant should receive an annuity of £5,000, to commence from the time of the provincial deposit of the box, or from any other time in consequence of such deposit. He states, that a few days after the deposit of the box, the complainant went to Melton Mowbray, from whence he wrote, thanking him (Mr. Westmacott) for his attentions, and expressing his entire satisfac tion, adding that he left all the affair in his hands, and that in fur therance. of the agreement, hr endeavoured to procure an accurate account of complainant's debts, and also made an effort to settle with complainant's creditors, but that he found great difficulty, as some of the debts were disputed by complainant: some had been contracted after the agreement, and the whole sum far exceeded the amount stated to Sir Herbert Taylor. That difficulties arose in settling the debts, from the circumstance of the complainant living at the time at Melton Mowbray, in a very expensive style, which induced his creditors to believe him capable of paying their demands forthwith. That be went to Melton Mowbray to re monstrate with the complainant, previously to which lie had an in terview with Sir Herbert Taylor, whom he made acquainted with the fact of complainant's debts far exceeding the sum stated, and of his intention of going to Melton Mowbray, when Sir Herbert Taylor authorised him to tell the complainant, that if he would discontinue his expensive style of living, and withdraw to the Con tinent, so as to give time for effecting the arrangement of his af fairs, then he, Sir H. Taylor, would extend the sum originally pro mised on account of his debts, and provide a moiety of £7,000, 'which, with £3,000 already paid, would make up £lO,OOO, and that he would endeavour to procure the annuity to be £1,500 ; bst that if his debts amounted to more than that sum, and it should he advanced, then the annuity should be reduced in pro pordon to the surplus payment ; and to facilitate his leaving Eng. a sum should be advanced on account of the annuity. He denies that he ever made an offer on account of Sir H. Tsylor, that if complainant went to Scotland, he should have an advance of £5OO, and that a remittance of £250 per month should be regu larly made to him, making the sum of ZS 000 as set forth in the bill. Ile denies that he was seat to Me:ton Mowbray by Sir 11. Taylor, but stated that be did mention his intention in going to Mr. Williams (General Garth's agent) as well as to Sir H. Taylor, who was equally anxious that the agreement enteredinto should be fully carried into effect. He states that during the time the agree ment was pending, Sir H. Taylor demanded an account of com plainant's debts, which he communicated to complainant, who pro mised to furnish him with a list, and at the same time, assured him that they did not exceed £B,OOO. including the 41,000 already paid, 'kind which he communicated to Sir H. Taylor. On the 17th of pre. 'lB2B, Mr. Wesunarott addressed a letter to complainant (in closing one from Sir 11. Taylor,) in which he strongly recom mend, his trintitrz EnglAthl for a short time, until his affairs are twanged, and says that his debts will be arranpd wit his - ditors without in the slightest degree compromg his hono cre ur ; impresses upon him the necessity of complying with the wishes of his friends, and the anxiety, on the part of Sir H. Taylor, to effect the arrangement satisfactorily to all parties ; but he denies having written this letter with the authority or assent of Sir H. Taylor. He further adds, that since the deposit of the box, and in fur therance of the agreement, certain debts of the complainant have been liquidated by Mr. Charles Frederiet Williams and himself, particularly £6O to Mr. Robins, £9 15s. to Mr. Young, £316 Ss. to Mr. Lumley, and £561 to Mr. Nixon, which payments were made with the sanction of the complainant. He also says that the agreement he has stated—which differs from the terms set forth in the hill—was entered into by him as the Agent of the complainant, and denies that it was dose without complainant's authority or contrary .o his wishes; but that he concurred in it, and confirmed it, and even partly complied *with it by depositing the box • and he declares that but for the complainant having surreptitiously caused copies of some of the papers to be made, and his having in various places made disclosures relating to the contents of said box or some part of its contents, and having, by himself or his agents, in some degree and to some extent published the same, he believes that the agreement would have been performed on the part of Sir Herbert Taylor. He detries that the complainant did at any time revoke the authority given to him to act as his agent. although he believes that complainant wrote to Sir H. Taylor to that effect, and he de nies that be does, or ever did, threaten or intend to join Sir H. Taylor in demanding the said box, or that he t l any receipt for the box, as alleged in the bill to have been given to him, and therefore that he has not refused to deliver it up, nor has ever been required so to do. That be acted in no other right but as the friend and agent of complainant, until some time previous to the 26th December last. when he ceased to act, in consequence of having discovered that the complainant had violated the stipula tions of the agreement; and when he found it impossible, from the complainant's conduct, to carry its stipulations into effect. He states that he does not know it to he true, that Sir John D. Paul intends to give up the box to whoever presents the two receipts mentioned in the bill; nor does he know of the existence of any other receipt than that be has alluded to That he does not believe it to be true that Sir H. Taylor does intend to demand the box; but be has been informed that Sir H. Taylor does intend, under the circumstances, to prevent the complainant from regaining posses sion of the box and its contents. He declares that he does not be lieve that the documents and papers in the box are of great or any value or importance to the complainant, or that the loss thereof would be injurious to him. He denies all unlawful combination and confederacy, u charged against him in the bill, and prays to be dismissed, with his reasonable costs and charges. LAW INTELLIGENCE. COURT OF Ci — TaFfiitY, Nov. 17. ZIL.PARTZ /It TASTAT, IN TIER MATTEL 07 •••, A BANICROPT. Mr. Pitseaswron stated, that a Petition bad been presented in this matter respecting directions upon the trial of an issue. The order was made by Lord Eldon, but it was not obtained till after the period limited for the trial to have taken place. Under these circumstances, another Petition bad been presented, for the sub stitution of a renewed order, and the present application was, that that Petition miglr be ordered to be advanced. The LORD CHANCELLOR directed it to stand at the bead of the bankrupt paper. Mr. Pzantiayon had not given notice of the application. His LORDSHIP observed, that it should stand as he had directed, subject to any well-founded objection subsequently to be made by the apposite party. DUES OF ST. ALBANS V. 0110IIESS or ST. ALBANS. This case, which was pat tly heard yesterday, came on again for further hearing this morning. It was an appeal from a decree of the Vice-Chancellor. The question arose out of a singularly com plicated point of conveyancing, in which the Solicitor-General and Mr. Preston are opposed. The point had its origin in the peculiar wording of a clause in the will of Lord Vere, which was made up wards of 50 years since. By that instrument, the testator be queathed all his plate to trustees for his wife during her life, and to her sen at her death, and after the death of the survivor of them, then to go to the person who should bear the title of Lord Vere.— The plate was accordingly enjoyed by the widow, then by her son, and afterwards by two Dukes of St. Albans in succession, each of whom, it appeared, were in existence at the time of the bequest, or within 21 years after. The question which now arose was, whe ther the third Duke. an infant, who died in ISIS, did not possess that pl.te absolutely ; and whether, after his death, it did not go to his personal representatives? The SoLtctroa-GEwcsAL and Mr. Ronius, for the defendant, were heard yesterday, and considerable discussion arose as to the rulca of law respecting perpetuity. At toe sitting of the Court this morning, Mr. Potheavoli was heard at great length in reply. The judgment, however, was deferred. VICE.CH ANCELLOR'S COURT, Nov. 17. atmometa--aftowes e. CLAXTON AND ANOTUIDL. The question in this case turned upon the construction of the will of Lady Browne, whu died so late back as 1772. By that will she devised the greater part of her property to Sir Humphrey Morris. who was also constituted her residuary legatee. The De fendant', Claxton and Bennett, are the lineal descendants of Sir liumphrey. Shortly after Lady lirowne's decease, a bill was filed against her executors for the purpose of recovering certain kga des, amounting to £lOO,OOO. In the early progress of that bill, Sir Humphrey died, and his executors. the .present Defendants, were by reviver made parties. The matter was referred to the Master, before whom, however, the committee of the Plantiff, who is a lunatic, neglected to go and put in a claim respecting the le gacy. Under all the circumstances of the case, the Vice.Cban cellor, after referring to several orders made in the case by Lord Thurlow, said that he should he acting with great harshness to the Defendants if he called upon them now to account for the residen dary property of Sir Humphrey Morris, and that he therefore dis missed the bill, and ordered the committeee to pay the costs. MALL In DAVIS AND OTHIRS. Mr. Nimmons, jun. applied to the Court for an injunction to restrain the Defendants from transferring £6,000 three per Cent. Consols and £l.OOO Bank Annuities, now standing in their names. The Plaintiff was under 21 years of age, and was entitled to the whole of the estate of his deceased father, amounting to • considerable SUM The Defendants were the executors; the first was a cooper, much involved, and the other a common bargeman. After the death of the applicant's father the Defendants appeared as having become men of property, and purchased houses to a large extent. The parties being aware of their condition, entertained suspidous, and on enquiry at the batik ascertained that the De fendants (the cooper and the bargeman) had been making free with the property of the deceased, having sold out £5,000 stock. This application, therefore, was to oblige the Defendants to transfer the residue of the property, amounting to £7,000, into the Accountant- General's name.—lnjunction granted. In consequence of the absence of Counsel, several cases were struck out COURT Oof the pa perF KING'S. and his Him BENCH , ont rose at Nov. 1 eleven 7. o'clock. A CUSIOUSCOGNOVIT , WRIGNT N. /MILL Mr. Attestant° moved to set aside a cognovit on the ground that it bad been obtained by a false representation. The person who signed the obligation bad given it on receiving information that an action had been brought, but it turned out that 110 action bad been commenced against him. This was considered a very extraordinary proceeding, and the Learned Counsel was allowed to take a rule to chew cause. COURT OF DELEGATES, Nov. 17. sterneirrost V. WHIM In this ease Dr. PHILLIMORI appeared to pray the Court to allow the defendant who was monished to bring into Court the limited letters of administration of the unadministered effects of Thomas Nubbert, the party in this cause, deceased, granted under the seal of the Prerogative Court, but which had been revoked by decree of the Court of Delegates, to have such revocation inserted in the letters of administration. The case has reference to property of considerable value purchased by Wm. Thompson, Esq. late Lord Mayor of London, and Robert Farren, Esq. situate in the parish of St. Maty Magdalen, Bermondsey. Dr. P. prayed that the caw may come before the whole Commission. The Cause was of opinion that the letters of admininistration, revoked by the Court in July. which had been ordered, must be delivered, and the Court would we its orders fulfilled. In answer to a remark of Dr. Punt:mons, as to his being misunderstood, Sir H. J said the Court must not be contradicted. If the Proctor for the parties did not undertake to bring in the letters of administration, the party would be pronounced in contempt. After some discussion, the Solicitor for the Defendant was pro nounced in contempt, hut with the understanding that the cern& cavtt should not issue for seven days, and that the case should be beard before the whole Commission. VIM V. 3111110011111. Dr. Faze applied to the Court for an order instructing the Re gistrar of the Arches t ours to allow him to copy his (Dr Free's) private papers which had been delivered in under the title of Re ceptive Allegation. He had been asked 415 for having such co pies, and he thought it eltrentely bard that, after having been drained of £1,200 in the cause, be should have to pay for copying his own papers. It was as much as to say he should not have justice, as the papers were important to his case. Ile hoped the iodulgence would be granted. Dr. Putitistoaa said the Court most proceed in this case as in all others. The Registrar of the Arches Court said Dr. Free bad demanded copies. This the Doctor, however, denied, Tile COURT could make no order on the subject, and Dr. Free again loudly complained of the hardship.. The Court then adjourned. POLICE INTELLIGENCE. BOW-STREET. Yesterday Edward J. Hargrave, a Post-office letter-carrier in the district of Brunswick-square and neighbourhood, was brought up in custody, charged with the following offence : On the 9th instant, a letter came addressed, through the Post office, to Daniel Waters, Esq. of 14, Marchmont-street, Bruns wick-square, and the postage, Is. 3d. marked " paid" thereon. The prisoner, however, on delivering the same, run or struck out the red ink mark, and inserted is sd. in black ink on the back of the letter, and claimed that amount for postage. Mrs. Waters proved by ber evidence, which was confirmed by two other witnesses, that on the day mentioned the prisoner deli vered the letter and claimed Is. sd. for postage, which was imme diately paid to him, and the fraud was not discovered until the arrival of Mr. Waters at home. Mr. Benjamin Critcbett, one of the letter inspectors at the Ge neral Post-once, said that it was the duty of the prisoner to de liver the letter in question according to the superscription thereon, free of any charge, as the postage mentioned was paid at the once where the same had been put hi. The prisoner was fullyeommitted to take his trial for the offence. An old man of the name of Flynn, Thomas Mitldkren, and a woman, their associate, were committed fbr trial upon the capital offence for having in their posession moulds for the purpose of manufacturing base and counterfeit cols. Two men, named Musses and Reilley, with a woman known by the name of Robisuon, were committed for trial for the minor offence of having base and counterfeit coin in their possession. MARLBOROUGH-STREET. Sunday evening last, a most daring burglary was committed in the premises of Messrs. B. and S. Baker, tailors, 215, Piccadilly. by forcing the back kitchen window from some old houses leading from Jermyn-street. A great quantity of property, consisting of I4L in gold and silver, coats, breeches, and other articles, were carried off. Information was immediately given to Avis, an active officer of this establishment. who, after inspecting the premises. was of opinion tbag the attack must have been made by one or more in dividuals well acquainted with the premises ; and suspicion was attached to John Thomas Hayes, a man In the employ of Mr. Baker, who assisted in the shop in the day time, but did not sleep in the house. Avis accordingly went to Hayes' lodgings on Monday, and apprehended him ; and on searching the room, two pais of braces belonging to his master were found. He was re manded until Thursday neat, to give the officer time to make fur ther inquiries. THI BVIIGLASY AT STULTZ . II,—Mr 4 iliandfeni, the mother of Sandford (who at present lies under sentence of death in Newgate, for burglariously entering the premises of the celebrated tailor Stultz, and for having presented a pistol at the head of a watch man who attempted to stop him, but which fortunately flashed in the pan) yesterday waited upon the Sitting Magistrate, J. E. Co- NeXT, Esq. and presented a Petition, praying fur mercy for her son, and supplicated the Worthy Magistrate to sign it- Mr. Coxes: replied, that the prisoner Sandford had been com mitted by him, and it was highly irregular for the committing Ma gistrate to sign any Petition in commutation of sentence. Who ever advised ber to make such an application must have been aware that they were misleading her. The unfortunate woman then withdrew. A woman named Stephens, who has been for the last week in confinement, charged with being implicated in the burglary at Stultz's, was brought up for re-examination. The case was very slight agalest the prisoner. Her son, Philip Stephens, who is still at large, had been suspected of assisting in the burglary, and the mother's lodgings being searched, an article belonging to Mr. Stoltz was found, which she said she had taken front her son's residence. Mr. Wooler and Mr. Pitcher, the solicitors for the prisoner and prosecutor, consulted together, and the woman was admitted to bail. Lydia Lee, a woman of respectable appearance, was placed at the bar, charged with fraudulently obtaining a great number of dresses and other articles from the Nobility and Gentry under false and fraudulent pretences. The prisoner, it appears, had made herself acquainted with the names of several laundresses working for families at the West End, and by an representing herself had obtained articles from several families. She was fully committed for trial, but ordered to be again brought up to have other charges preferred. H ATTON GARDEN. Yesterday morning a man with a crutch, named William C,osulan, was brought before Mr. Sergeant Scums on a charge of highway robbery. Mr. Speerzien, of Robert-street, Bedford-row, deposed that be tween twelve and one o'clock yesterday morning he was proceed ing along Fox-court, Brook-street. when he met the prisoner ; wi: hout any provocation, and without speaking a word, the pri soner struck him a violent blow on the head with the crutch, aud knocked him down ; two girls were in company with the prisoner, and they held the prosecutor down, whilst the prisoner robbed him of four half-crowns, which be had in his pocket. Pri soner also kicked him severely when he was down. After be was robbed the prisoner went away. Prosecutor was very much alarmed, and as soon as he could get up, he went to one of the po. lice, and told him that he had been rubbed and ill used. Mead. police-officer 133, E. division, stated that the prosecutor came to him and told hint he had been robbed. He described the prisoner to him. He saw the prisoner about half an hour af terwards in Gray's Inn lane, and took him into custody. On searching him at the watch-km. 4 nothing was found on him : the prosecutor was a little intoxicated, but was quite able to describe the prisoner to him. Alacmanus, police-offica No. 164, E stated that the pro secutor was so drunk at the time that he did not think he could u curately swear to the person who had robbed hint The prosecutor said he had only drank two glasses of gin and water, and swore positively that the prisoner was the matt who bad robbed him ; he could also swear to one of the girls if he saw her. The Nlagistrate ordered search to be made alter the girls, and remanded the prisoner till to-morrow. 1311i1 US. Lady Conway, of a daughter. In Upper Grosvenor-street, the lady of Sir James Fitzgerald, Bart. of a daughter. At Wexford, the lady cf Lieut.-Col. Thompson, late of the 27th Regiment, of a daughter. MARRIED. At Edinburgh. the Rev. Andrew Milroy. minister of Craning, to Margaret, eldest surviving daughter of James Bryce, Esq. At Montrose, Henry Hone, Eaq. surgeon. Forfarshire militia regiment. to Margaret, eldest daughter of the late David Ogilvy, Esq. of Park Conuon. At Campbeltown, Argyllshire, Lieutenant Joseph Wright, R. N. to Miss Caroline Nugent Porter, daughter of Lieut.-Col. John Porter, of the late Argyllshire Fencibles. At Stoke Gifford. M. General Orde, to Elisabet O'Beyen. In Dublin, W. Graham, Esq. merchant, to Dili h ~ daughter of W. I. Bloomfield, of York-street. DIED. At Alaidstone, Kent, on Sunday, the 15th inst. Nice. Robinson, wife of Mr. Robinson, formerly banker in Sussex, and daughter of the late Admiral John Caner Allen. On the 17th August last, at Bardowle, parish of St. Andrew's, Jamaica. John Taylor, Esq. of Ballochneck, Stirlingshire, eldest son of the late Rev. Dr. Wm. Taylor, of St. Enoch's Church, at Glasgow. At Waterbeck, the Rev. Daniel Struthers, minister of the Re lief Congregation there. aged 42 years. On the Sabbath be dis pensed the ordinance of the Lord's Supper ; on Tuesday he was enjoying the best of health, when, in a moment, he was struck with apoplexy, and in a few hours breathed his last, leaving a wi dow and ten children to lament his loss. At Ids residence of Lincluden House, universally respected and regretted, Gilbert Young, Esq. Commissary General. At Yakntia, County of Kerry, the Rev. John Warburton, rec tor of that Parish. At Devonshire-terrace, Maris, wife of the Right Hon. Maurice Fitzgerald, Knight, of Kerry. Aged eleven years, William, eldest son of Wm. Henry Fetter, of Kildare-street, Dublin, Bag. In Britain-street, Dublin, the Rev. Michael Kinsela, of the Or der of St. Francis. At Lisbon, Henry Thos. Bayley, Esq. late of Lady-Wood, near Birmingham, in the 62d year of his age. COURSE OF EX a Amsterdam ...12 8 C.F. Ditto at sight —.12 5 Rotterdam 2 U 12 8 Antwerp l2 8 Hambtsrgh f U 14 1 Altona 24 U 14 1* - Paris, sda7'ssight 25 85 Ditto 2 U 26 10 Madrid ...56 Cadiz Barcelona ..56 Bilboa ..56 LANGE, Nov. 17. 36 Gibraltar .. 47i Leghorn 474 Genoa 25 90 Venice ...47i Malta Naples Palermo .. 19d pet us Lisbon 43 1 Rio Janeiro .. e4i Dublin Cork • • .. HI G W ATER at LONDON BRIDGE TO MOB HOW. Morning 12 azioute4 after $ Aftersoun 45 minutes after Looses- Printed and Published by bons MAVIS, at the Sloe - Orris NO. t. Pickett.phee,Tempie Bar.