Star. — London, England, 1830-05-13 00:00:00

1 F ~: CHARGE OF FRAUD. TYLER V. DRAYTON. . • • • • • .• LAW INTELLIGENCE. ROLLS' COtRT, MAY VI ily FAIMENTo•-ellA ROE OF FRAUD. 9'l'A: 4 4l.n' F. ROBINSON. The Mmer r R of the Rot.i.s stated, that this was a bill Sled by the plaintiff, calling on the defendant specifically to perform an agreement, and to deliver up possession of certain lands in his possession. It appeared that the de fendant's father was the lessee of certain lands, which at his death were purchased from his representatives by Sir Thomas Stanley ; under this purchase, Sir Thomas en te•cd into possession, and it was agreed between the par ties: that Robinson, the present defendant, should continue to be tenant of a certain field, called Hay Field. The rent of the first two years was paid, but Sir Thos. Stanley refused to take any further rent. In July, 1824, the defendant was requested to attend at the mansion-house of Sir Thomas Stanley, to make some arrangements rela tive to this piece of land, and the defendant's claim ; the defendant accordingly attended, and when he got to the ir.ansion-house he found two gentlemen there, who after wards turned out to be in the law, and professionally con cerned for Sir Thomas. The bill alleged, as the fact was, that the defendant agreed to accept 101. for the rent and interest in the field in question. The defen dant (as it was supposed) was afterwards apprised that this was not a binding agreement, and wished to waive the contract. To this, however, Sir Thomas dissented; and the result was, that an action of eject ment was brought by the defendant, to recover pos session of this piece of land ; in this action Sir Thomas Stanley was successful, and a verdict was found for the defendant. The Learned Judge who tried the cause was, however, of opinion, that there was a miscarriage, and a motion was made for a now trial. No new trial had, however, yet taken place. The present bill was filed by Sir Thomas to compel a specific performance of the agreement of July, 1824, and evidence had been gone into upon the point of the contract thus entered into by the present plaintiff with the defendant. In this respect, the evidence of Blunt and Ashurst was very ma terial. The defendant was told that 101. was all he ought to expect, and he was ultimately induced to accept that sum, although 501. was claimed, and to 121. the defend ant was clearly entitled. It was to be recollected, that there was not a soul present during this conversation, to assist and protect the defendant. It was in evidence that the defendant dined on this day in July with the coach man and groom of Sir Thomas Stanley, in the servants' hall. It was clear, therefore, his Honour thought, that Blunt and Ashurst were mistaken in their law—for by no means was it possible that Sir Thomas Stanley should re sist the payment of the 121. When, therefore, the de fendant was told that ho could not possibly recover the amount, although there might be no intention to deceive, it was at least clear that these parties had completely mis taken the law. There being, therefore, a clear title to the 121. and a doubtful claim to the land itself, how could such a proceeding as this be sanctioned ? How could a Court of Equity decree a specific performance of an agreement made under mistaken representations His opinion, therefore, was—that Sir Thomas ought to be left to his remedy at law, if he could make anything of it—for equity could certainly afford no relief. It was clear that an ignorant and unprotected person had been taken by surprise, and his HONOUR said he should dis miss the bill with costs. VICE-CHANCELLOR'S COURT, MAY 12. MARTIN V. NICHOLL. The VICE-CHANCELLOR on taking his seat, gave his judgment in this cause. A bill had been filed, and a de murrer had been put in, and the single question was, whether a foreign judgment was binding upon the parties in this country. The point had been discussed in several cases ; but had never been fully and satisfactorily decid ed. Lord Kenyon and Lord Ellenborough were of one opinion, and Lord Mansfield differed from both those Learned Judges. One of the latest cases was that of Kennedy v. Earl Cassilis, in " Suranston'a Reports," but that could not be considered as a decisive authority. The point was, he understood, about to be discussed in the Court of King's Bench, and it would have been advisable to have awaited the judgment of that Court, but the par ties were anxious for the present decision. Upon a com parison of all the authorities, and weighing the conflicting dicta of the Judges, his Honour thought the preponder ance was against the present bill. He would therefore allow the demurrer, but would give no costs. His HONOUR afterwards informed Mr. Crompton, who was Counsel in support of the Bill, that he would give permission, if the parties chose, to turn the bill for a dis covery into a bill for relief. This cause, which was in part heard yesterday, excited very considerable interest, owing to the nature of the case, the facts disclosed in evidence, and the parties in terested. The Solicitor-General opened the case on the part of the plaintiff, and it appeared that it was a bill filed by Mrs. Tyler, the object of which was to set aside cer tain deeds which had been executed by Griffiths Jenkins, tenant in tail of certain estates in Glamorganshire. The ground upon which the bill proceeded were fraud and in competency on the part of Jenkins. The facts disclosed upon the bill were these :—Griffith Jenkins was a young man of extremely dissolute habits, and had been educated by his grandfather, an attorney at Neath. It appeared that Jenkins had been kept in ignorance of the real state of his fortune, and of the interest which he claimed under his grandfather. He had been taught to believe that he was entitled only to the reversion of the estates in Gla morganshire, whereas it turned out that he was tenant in tail in possession of the property. It appeared that this young man and his grandfather had quarrelled, and from his earliest life the young man had been addicted to drink ing, low company, and vices attendant upon it. The young man at length determined to quit his grandfather's house, took the best horse out of the stable, and rode away, clearing every obstruction before him. It was in evidence that the young man entered the barrack yard of the 13th regiment of Light Dragoons, and en listed in that regiment as a private soldier. He then gave vent to his dissipated habits, and it uas proved that he became acquainted with loose companions, neglected his regimental duty, was often punished, and be came a confirmed drunkard. It appeared that having bad rather a better education than his companions, he was frequently excused, and was from time to time furnished with small supplies of cash by his friends and relatives. Ho squandered his money in the most ridiculous excesses, and spent his last farthing among his comrades, by whom he was also frequently supplied, under the expectation 'generally entertained that he would before long be possessed of a considerable for: tune. Griffith's boon companion and greatest friend was a man of the name of Peter Perry. By - this man he was frequently enabled to gratify his propensities to drunken ness and debauchery. It appeared that Perry had fre quently supplied him with considerable sums of money, which were spent in the moat absurd and ridiculous manner. The continuation of this conduct gave rise to many observations, and GriEths was generally called, '1 . r'• throughout the regiment, " Lunatic Jack." On one oc casion, it was stated in evidence, Griffiths being supplied with money by Perry, gave his comrades and others, in the neighbourhood of Wandsworth, where he was quartered, a dance ; and one of the fiddler's strings happening to break, a post-chaise was ordered to Richmond to fetch another.—This was one of many l excesses committed by Griffiths ; and at length this man became so much indebted, that he was induced to enter into a treaty with Perry for the purchase of the whole of his expectations, for a sum of 2,0001. Jenkins at this time owed Perry 2651; and it appeared that, in conjunction with a man of the name of Norwood, it was agreed that 2,0001. should be given for the whole estate. —This happened in the year 1808; and it seemed that it was a sort of partnership between Perry and Norwood, to purchase the whole of the interest. Norwood, not satisfied with Griffith's statement, went himself into Wales to ascertain the value of the estates. He then found that the bargain was a good one ; and, on his re turn to London, reported the fact to Perry. At this pe riod, the defendant Drayton was brought into the case. Perry at this time seemed desirous of purchasing a pub lic-house ; and Drayton, who was an auctioneer, under took to advance the moneys requisite for this purpose. Perry wished to settle himself at Blackheath, and a pub lic-house was advertised to be let, which appeared to be suited to Perry's purpose. This happened in 1807. A treaty was afterwards entered into for another public house in Wapping, which Perry was desirous of pur chasing; but not having money enough for this pur pose, Perry mentioned the difficulty to Drayton, and the latter then undertook to make the requisite advances. For the purpose of making the requisite arrangements, a meeting was held at a public-house at Mortlake, which occupied about four hours. It was there agreed that Jenkins should have 7001. for his property in Wales. Jenkins was very desirous that his friend Perry should leave the regiment at the same time be did, as he had been constantly supplied with money, and he feared that these indulgences would not be allowed to him after Perry had left the regiment. All this was discussed be fore Drayton at the public-house at Mortlake, and it was proposed that Perry should assign to Drayton Jenkins's debt for 2651. Drayton was to arrest Jenkins for that sum, and thus would be removed from the regiment.— On the 18th of September, 1807, Jenkins was accord ingly arrested, and taken to the Fleet prison, where he was lodged within the rules. The debt was allowed to Drayton in settling the public-house at Wapping. A formal discharge from the regiment was procured by Drayton for 75 guineas, which was paid through the hands of Perry into the office of the agent of the regi ment. There appeared to be a second arrest of Jenkins, by a man of the name of Hollands, for a trifling sum ; and a third arrest for 201. for liquors, furnished at va rious times to Jenkins. It was in evidence that, in the latter end of the year 1808, Jenkins wrote a letter to his grandfather, and some offers of assistance were made, which were refused by the grandson, because the grand father had declined assisting him when he most wanted it. It was added, that a large sum of money had been promised him ; that he was going to India ; and that he did not doubt of his obtaining a comfortable livelihood there. He earnestly recommended his mother to the care of his grandfather, and subsequently left the coun try. It appeared that at this time Jenkins had not one friend, or legal adviser, except a gentleman of the name of Bevan, who bad offered his assistance, but it had been refused. If Jenkins had listened to this ad vice, the probability was, that all this disgrace and shame would have been avoided. It appeared that Jenkins subsequently left England for India, and sailed on board the Enterprise tender on his voyage to the East Indies. From December 1807, to 1815, when Jenkins returned, nothing was heard of this estate ; but the value of it had been fully ascertained. It was now estimated at 15,0001. for the land, 1,1001. for the wood, and 40,0001. for the minerals. The last conveyance, executed in October, 1807, valued the estate at 7001. and of this about 251. reached the hands of this unfortunate man. In 1815 Jenkins returned to this country in a state of complete destitution—poor, ragged, and miserable—and rendered incapable of work by a wound in the hand. During the interval of Jenkins's absence Drayton had set himself, to work to discover the particulars of Jenkins's for tune. A Commission of Lunacy had, it appeared, been prosecuted against the mother of Jenkins, and it was then discovered that Jenkins was himself the tenant in tail of this property. The effect had been to put an end to Dray ton's purchase, by rendering the conveyance inoperative. When Jenkins again appeared in England the bargain was renewed, and Jenkins was induced to consent to certain accounts between Drayton and himself. In the result a fine was levied, and a fresh conveyance executed of the whole estate. This took place in Au gust, 1815, and a sum of 1,45.51. was the nominal amount given for the estate, not one farthing of which Jenkins ever received. When Jenkins first returned to this country, however, the greatest care was taken of him. He was supplied with necessaries, and even luxu ries, and Drayton allowed him a salary of 30s. a week until his death, which happened in 1819. Jenkins, shortly before his death, had married his present widow, and she had given her evidence in the present case, cor roborating the facts stated by the other witnesses. It was proved that Jenkins was not aware that he had made an absolute conveyance to Drayton, and he always spoke as if his property was held in trust for him, and declared that when a debt, with which he was charged, was paid off, he should have a large fortune. Jenkins had prepared a will shortly before his death, which had been subsequently destroyed. After Jenkins's death, Drayton went to the widow's house, and searched for all the papers he could find. These were the princi pal facts of the case. The present bill was filed against Drayton, Mr. Sergeant Wilde, Mr. Knight, formerly the partner of Mr. Serjeant Wilde, and other claimants. It appeared that the Learned Serjeant had not now any interest in the case. By their answers the defendant, Drayton, alleged that this purchase had been first made at the instigation of Perry—that there was much doubt as to the success of the speculation, and that large sums had been advanced to the mother, and as annuity had been granted to her up to the time of her death. It was further stated, that Mr. Wilde had retired from the bu siness of Solicitor, and had resigned in favour of Mr. K night, and had assigned all his interest for 3,3001. Mr. Serjeant Wilde, in his answer, disclaimed having any part in the transaction. It was proved further for the de fendant, that, at the time of this transaction, Jenkins was perfectly sober and collected. When the fine was levied, Jenkins was particularly admonished by Mr. Serjeant Wilde as to•the effect of the instrument. Mr. Agar and Mr. Girt!lestone were to-day heard on the same side with the Solicitor-General. The Counsel for the defence are Mr. Horne, Mr. Pepys, Mr. Knight, and Messrs. Sidebottoiu, Jacob, and Fleather. These- all remain to be heard to-morrow. COURT OF COMMON PLEAS, Ma 12. The Court sat in Banco this morning .at ten o'clock, and were occupied in hearing motions of no public in terest till one o'clock, when the Lord Chief Justice sat at Nisi Prius to try Common Jury causes. CROWE V. ORME. This was an action brought by the plaintiff to recover of the defendant the balance of an account for work and labour. The plaintiff is a bricklayer, and was employed by the defendant, who has built a number of houses in the Bayswate-road, to build a number of sewers. Evi dence was given of the work done ; and the defence set up was, that the claim had been settled ; but upon the production of the receipt on which the defence rested, it was clear that the whole claim had not been satisfied, and the Jury found a verdict for the plaintiff. COURT OF EXCHEQUER, MAY 12. The Lord Chancellor, Lord Tenterden, and Chief Jus tice Tindall, assisted by the three Puisne Barons of the Exchequer, sat in error this morning. LORD HUNTINGTOWER V. TRIMMER. This was a writ of error from a judgment of the Court of Exchequer. The case originally was tried at the Lei cester Assizes, when the plaintiff obtained a verdict with two thousand pounds damages. A rule to show cause why the verdict should not be set aside, and a new trial granted, was obtained, and came on for argument last Term. The details of the case disclosed at that period were extremely curious, and presented a most determined system of oppression on the part of his Lordship. The rule was discharged, and from that decision Lord Hunting tower, who had expressed a determination to spend ten thousand pounds in law, brought a writ of error; however, his Lordship appears to have repented of his determina tion at having taken steps to prosecute his writ of error. Judgment of nos. pros. was therefore entered. NEWMARKET SECOND SPRING MEETING. Newmarket, Tuesday Night. The races commenced at 12 o'clock, and terminated at half-past 1, in order that the Duke of Richmond, Lord Uxbridge, Lord G. Itentinek, &c. might get to time in time to attend the debate ap pointed for to-night. They will return to-morrow. Besides the 2 horses placed for the 501. ram (Clio and the sister to Sailor Colt) the following also started : His Majesty's f. by Moses, d. by Gohanna. Lord Taviatock's Custard c. Colonel Wilson's c. by Emilius, d. by Rubens. Lord Egremont's c. by Whalebone, out of Spree's d. Duke of Grafton's Abbot. Duke of Rutland's Lady Ern c. Lord Orford's Coventry. Mr. Pore's Laura. Mr. Batson's Suffolk Punch. The odds were 3 to 1 scat Colonel Wilson's, 5 to 1 apt Mr. Ro berts's sto 1 apt Lord Egremont's, and Bto 1 apt Clio. They came Off in a cluster, and kept well together to the Abingdon Mile bottom, where Mr. Roberts's colt came out. Till within a few lengths of home he was well in front, and would no doubt have won if he had not swerved to the left. This gave Clio an unlooked for chance, which he made the most of, winning by a neck, but not without some difficulty. He was rode by M'hcatley, and Mr. Ro berts's, by Goodison. Handicap.—Betting 0 to 4 against Spaniard, 5 to 2 apt Harold, and 4 to 1 apt Carthusian, who was on the waiting order till within a few strides of the finish, when he made a rush and beat Father Long Ls-gs by a head only ; rode by John Day, Long Legs by Co. nelly. Harold, by Wheatley ;_Spaniard, by Arnull ; Landrail, by a lad; and Canvas, by Pavis. Last Race-7 to 4 apt Discovery ;3to 1 apt Caradori ; and 4 to 1 agst Lord George : a severe run race, from the ropes, Caradori winning by a head only : rode by J. Day ; Discovery, by Wheatley; Nessus, by Mann ; Lord George's, by Pavia; and Emilina, by Co. nelly. The winner was claimed by Mr. Batson. A well-known betting man from Nottinghamshire made a slight mistake in this race. He was boasting that he had laid 7to 4 apt Discovery, 3to 1 apt Caradori, and S to 2 apt the Duke of Grafton, congratulating himself upon " what an excellent betting race it had been." His mortification may be imagined when he was told that the Duke of Grafton and Caradori were one and the same and that he had to pay twice over. The same gentleman made a similar mistake at Don caster last year by laying against " Bood" (Bud) and "Forth" (the owner of Bud.) Some changes have taken place in the betting since our last qua tation. The following are the latest prices : . 7 to 2 agst Mr. Chlfney's Priam (Cressida) 7 to 1 Lord Exeter's Augustus 8 to 1 Lord Sefton's Captain Arthur 10 to 1 Mr. Rldsdale's little Red Rover (taken) 10 to 1 Sir M. Wood's The Alummer 11 to 1 Mr. Petre's Brunsvricker 14 to 1 Lord Exeter's Mahmoud 16 to 1 Sir M. Wood's Cetus 20 to 1 Lord Cleveland's Wat Tyler 30 to 1 Mr. Ramsbottom's Zucharelli 30 to 1 Lord Sligo's Brine OAKS. 7 to 2 Lord Sefton's Mouche 6 to 1 Lord Queensberry's Maria 6 to 1 --- Lard Jersey's Charlotte West 9 to 1 Lord Anson 's Zillah. 14 to 1 Mr. Payne's Brown Duchess 20 to 1 Mr. Thornhill's Carmine (taken) ST. LIKES. 9 to 1 Lord Cleveland's Roby 9 to 1 -- Mr. Chlfney's Priam 14 to 1 .-- Mr. Petre's Brunswicker 14 to 1 Duke of Leeds' Lady Mowbray 16 to 1 Mr. Clifton's Moss Rose 16 to 1 Lord Queensberry's Hassan 20 to 1 Sir T. Stanley's Lawrie Todd. Wednesday Afternoon. The following horses left Newmarket this morning for Epsom : Lord Jersey's Donegan (Cobweb colt), Lord Sefton's Captain Arthur, Lord Sefton's Juryman--Derby. LorSefton's Mouche, 31r. Grestorex's Citron—Oaks. Derby—Captain Arthur continues rising, 71 to 1 being the last offers. His Majesty's colt by Master Henry, out of Orion's dam, has been backed at 18 to 1, and Colonel Wilson's br to Lamplighter at 50 to 1. The Mummer is still at 10 to 1. Oaks—Charlotte West has obtained the call of Maria, and stands at 1l to 2. Leeway has been talked of at lb to I, but nothing done. All the rest stand as before. The following races have been decided this afternoon : Match 30 sot's. T.Y.C. Mr. fit' s tars b. f. Landrail, 3 yrs. 9Ib. Mr. Hedley's br. f. Psyche, 2 yrs, Pt. 21b. Won cleverly. Handicap Sweepstakes of 10 sovs. each. Ab. M. Lord Worcester's Coulon, 5 yrs, 9st. . NIT. Rids& Franby, 4 yrs, 80. 41b }dead heat Mr. Turner's Benedict, 4 Ps. 7st. 1016. Mr. iillson's c. by Tramp, d. by Shuttle, S ps. est. 61b. 4 The oilier rice not About four o'clock yesterday morning a fire was ob served to burst forth suddenly, with great violence, from the house of a widow lady named Wyburn, in Chester.terrace, Borough-road, Southwark. The inmates consisted, besides :31rs. Wyburn i of het niece, a gentleman, and a servant girl, all of whom ,had retired to rest, before 19 o'clock the preceding night, and were at the time in a pro found deep; and most probably (from the astonishing rapidity with which the flames extended) would have perished, but for the provi. denial eircarastance of the man employed in extinguishing the gas lamps having, in the course of his round, arrived at the ssppoott at this critical moment. Without hesitation he instantly plated his ladder against the house, ran up it. and forced open the sash of a first floor window, through which he entered the house, and roused its inmates. By the time this was effected, all hope of escape down the staircase, and through the strevt-door, was (from the progress of the fire) cut oil; and the only chance remain. ing was by the ladder. No time was to be lost in gaining this, and'the brave fellow who had thus ventured himself for dteir re lief hurried the women there, and, aided by some persons from without, succeeded in safely landing them in ti:c street. Such was the haste with which they were obliged to escape, that they had nothing on them but their night garments. A coach was speedily procured, in which they were conveyed to the house of a relative, residing in the neighbourhood. The gentleman in the mean time had made his escape down the ladder. By this time the house was one general blue of fire, and most serious apprehensions were entertained for those on the other side. Several engines, and a strong body of the police, had, however, arrived. Water was plen tifully supplied. and, while the firemen were engaged busily plying their engines. the police, by forming a comple te line around the ' spot, kept off the crowd—thus preventing the firemen being impeded in their exertions, and affbrding perfect security from plunder to those goods which the neighbours were busily engaged in bringing into the street from out of their respective houses. Within about two hours after its commencement, the fire—notwithstanding its formid able appearance—was wholly extinguished, and without having ex tended beyond the house in which it burst forth. The whole of the property in that, however, is totally destroyed, and, to aggravate the calamity, Illrs. Wyburn Is not insured for a penny. POLICE INTELLIGENCE. bIANSIOICHOUSE. —A poor woman, named Mary Walkinshaw, the wife of a ro N ..• plate printer in Addle-street, Aldermanhury, applied to the I t Mayor under eircumstarces of peculiar hardship. Her hurti:and had, she said, taken the upper part of a house in Bishopsgate.str e ,. and removed his furniture thither. They, however, had nut bet five days in the house, when a broker distrained upon their g c .. for rent due from a former tenant. The Loan Ilawoa said the case was a very hard one, and J. rected Mr. Cope, the Marshal, to proceed to kir. flight., of Hunt! court, Walbrook, the landlord of the premises, and repreunt it, circumstances.—Mr. Cope, on his return, mentioned that Flight, the moment he was informed that the printer and his *lee were the tenants, and had nothing to do with the rent to which he (Mr. Flight) was entitled for a considerable time, sent to the broke orders to make immediate restitution of the effects to the pour ple. The furniture was in consequence at once returned—Th broker, however, insisted upon the poor people paying h 6 pences. BOW-STREET. Yesterday the summonses against Mr. Lister, solicitor io I Morning Journal, for arrears of wages due to the comp rot or , which were applied for on Saturday, came on to be heard baize 3lr HALLS ; Mr. Adolphus attending for the compositors, raid 31: Hamer for Mr. Lister. The question to beriecided was, whether Nlr. Lister was or s, not the agent of the proprietors ? and, after a long discuttsion, ti magistrates decided that he was, and granted the complainant, ..:. order, directing payment in twenty-one days, when, if not complied with, summary process will issue. Charles Smith and Sarah Tomlinson, who were char! 077 Saturday with haring robbed their master, T. Dymocke, hsti. of Lincoln's Inn, of plate and linen, were brought up for re.ck amination. A number of pawnbrokers produced a variety of articles ex wearing apparel, which had been pawned by the female prison.r at different times. Many of these things bore Jr. Dymocke's name, and this circumstance led Mr. HALLS to repeat the obscr%.. tions which he had felt it his duty to make at the former exiiiric tion, in reprobation of the conduct of some other pawnbrokers. lle had received a letter, since that examination, signed "Josco Clarke, Esq." in which the Esquire described himself as a retind pawnbroker, and threatened to bring an action against him ix slandering the pawnbrokers. " If," continued his Worship, " could be deterred from the performance of his duty by such threats, he would be unfit to sit u a magistrate a moment longer . Pawnbrokers who would conduct their business with discretion a:.: honesty, might be termed blessings to society instead of being, .t• some of those to whom he alluded were, a curse, and, as he had so: before, worse than the thieves." The prisoners were committed for trial. HATTON-GARDEN. Yesterday Sir Edward Burtenshaw Sugden, n cra . was summoned to this office to show cause why he refused to pr. certain fire rewards. Mr. Coulthard appeared upon behalf of the churchwardens of S. Pancras. Mr. Senior, the Solleitor.Generall chief clerk, appeared upon h,. half of his master. Aaron Orme, of 66, Great Ormond-street, stated that about half-past four o'clock on Saturday afternoon, the 24th of April. while he was in Queen-square, he saw a quantity of sparks i-suing from a chimney of the Solicitor-General s house, Guilford-stmt. Russell-square. Henry Burwell, chimney.swetp, said that upon seeing an engli On the afternoon in question, opposite the Solicitor General's door. he obtained admission, and found a small quantity of ignited lodged at the bottom of the butler's p a nt r y c hi mne y. Joseph Mills, conductor of St. George the Martyr's engine, prove!. the fire; and stated that the last witness sent for cloths toettiingui.lt the fire. There were four engines promptly on tic sot--St.Gsorgc the Martyr, Protector, St. Giles's, and St. George's, Bloomsbury. Mr. Senior, upon the part of the Solicitor General, called witness, who stated that he was in the butler's pantry, but us no fire.—The Magistrates (31r.RonEas and alr Sergeant SCLLON) convicted the Solicitor General in the penalty of 21. Hs. and 3s. 6d. costs. UNION•HALL Yesterday a young man, dressed in sailor's clothes, named Joh', Popfry, was brought before the sitting magistrate, charged with al attempt to break into a house in the parish of Newington. The it,. vestation of the case excited very great interest, owing to the sc. cusa having been the means of saving the lives of 40 persons, who were landed on a desert island, near New Zealand, in the month of August last, from a vessel called the Cyprus, the crew of ',hie mutinied on the passage between Hobart Town and Macquarrie Harbour. It appeared that the man had been drinking with a messmate, and had gone into an empty house for shelter; a policeman, finding sharp iron instrument in his possession, which turned out to be what the sailors call a marlinspike, he took him into custody. The ma gistrate, after listening to his account of the mutiny of the Cyptu%, the particulars of which we gave some time ago from the Van Diemen's Land papers, discharged him. QUEENSQUA RE. Yesterday, Thomas Gardner, an out-pensioner of Chelsea Hos pital, late of the 19th RVlnept of Foot, was brought up in custody of Lewis the officer, aad placed at the bar beforelllr.WHlT E, elhargs Li with the murder of his wife, Ann Gardner, a female about 6.1 years of age. After hearing evidence as to the prisoner's cruel treatmert of his wife, he was remanded In consequence of the absence of a :la:. gem. MARLBOROUGH-STREET. FlAUDS.—Thomas Dickens, alias Fray, was yesterday chargo. before H. Al. DTZI, Esq. with endeavouring by false and frauduler pretences to obtain money from Bartholomew Frere, Esq. of No 24, Saville-street. It appeared that the prisoner went to Mr. Frere's house, represented that he had the honour of being distinctly related t, him, and that he had been recommended by a gent lem an nantr Thomson (of great mercantile connections), to hint as a fit object of charity, especially as he was of the same family. On bevies th:, tale, Mr. Frere, who had reason to doubt any consanguinity hewer' his family and the prisoner. immediately gave him In charge of at officer. On searching him a " Court Guide" was found upon h.r.. out of which he ascertains the names and address of individuals before he claims kindred. Mr. DTra inquired what the prisoner's name was P—He replito that it was Dickens and not Frere. Mr. DYER said he had not a doubt that the prisoner was an el.' practitioner, and ordered information to be immediately forward,- ' to the Mendicity Society, as he, the worthy Magistrate, was of (Ti nton they would perhaps make a case against him.— He was : cordingly remanded. The Reverend F. Litchfield yesterday waited upon the 1113g: testes under the following circumstances: —A few days since a Greek was brought before the Magistrates charged with collect!r; crowd of persons. It was evident his motive could not be to exc::e charity, as he absolutely refused to take money which was thre.,-. to him. On his appearance at the Office, it was di.scovc-. that he could not speak a word of English, but he was well a:. quainted with the Italian and French languages. Sir Joss Sywera., who hap pened to be on the bench, interrogated him :• Italian, and his only reply was, that he was a great sinner. and d, - served to suffer. He refused all food, and having been inform,:' that lie was discharged, he bowed politely to the magistrates, and withdrew ; and the applicant having heard of the case, and havir; travelled through Greece, was desirous of affording the unfortura native some assistance, and had therefore waited upon the inag:t. testes to ascertain how the prisoner was disposed of. Mr. DYER regretted that he was unable to afford the rever,—. gentlemen any information as to where the unfortunate Greek was %) be found ; he had been discharged and had refused all assist:tr. • The application did honour to the rev. gentleman's feelings. BIRTH. On the 7th inst. at Mere Vicarage, Wilts, the Lady of H Cowan, M.A. F.S.A. of a daughter. MARRIED. On the 11th inst. at Bridport, Dorset. 0. Symes, Esq. \I.D. or'y son of J. Symes, Esq. George.street, Plymouth, to Mary. daughter of the Rev. IL Broadley, Rector of Bridport, and of t notock, Dorset.—Yesterday, at St. Peter's Church, H. Janpor., Esq. to Caroline, third daughter of Capt. Elliott, R.N. Elliott•Loma.. near Ripon.— On the 25th ult. at Bmum, in Moravia, Mr. J. Elmcnhorst, merchant, of Altona, to 3larie, eldest daughter of Czihulka, Es On Tuesday, the 11th inst. L. Levien. Esq. of S. Levin', Esq. of Walworth, to Cecilia, eldest daughter od 11r•. Anna Phillip*, of Montego Bay, Jamaica. DIED. On the 11th inst. after an illness of two years, which she bore w • • Christian fortitude, Mary, the second daughter of Mr. Edward 147.,. ley, of Dorking, sincerely and deservedly regretted by her ratt..k and friends.—On Monday the 10th inst. aged 03, 31r. J. Prieseb...... of the borough of Southwark, hop and seed-merchant. His men. , ' as a man of business is entitled to every respect, and as a lather I. • loss will be sincerely lamented.—After a few days' illne s s at Ner Brixton, on the 11t h inst. Mrs. Catherine Cross, widow of th e . .1. 1 J. Cross, Esq. solicitor , of Southwark.—On Tuesday the 11th Phoebe Elias, the infant daughter of Mr. T. Stooks, of 13ed:ora place, Russell -square. • Eli WATCH at LONDON-BRIDGR TO 310 R ROW Slnrning 8 ounutes atter 3 • Alttrriouo 42 amides after 3 • 1.01113011 : Printed and Published by Josue Moron, at the Seas throws No.i. Pickett-plies,Teruple Bu.