Star. — London, England, 1820-01-10 00:00:00

. ''y e .it • . *Mr ARK LAW INTELLIGEWCI. but not finding Mr.tevy - or Mr. Kinnear there, hei went away. Before the goods had been delivered, - - Mr. Dixon himself had gone to the house of , Messrs. COURT OF KING'S BENCH, JANUARY 11. Coles and Galpin , to inquire furth er about tne bills, DIXON V. COLES AND ANOTHER. land he was then told b; a clerk, that the bills were This was aro action upon three hills of exchange, ! accepted by Mr. Galpin, but not for any partnership dated iii Decenher, 1:-,17, drawn by J. Taylor, upon, purposes. Soon after these transactions, the intended and accepted by. the defendant Galpin, for himself fraud upon Mr. Coles the el‘fer was discovered, and and partner, and indorsed to the plaintiff a very large quantity of the bills having got into dif- The case proved on the part of the plaintiff was feient hands, a bankruptcy was the consequence, and this :—ln January, 1818, a person named Eastman !he case coming before the Lord Chancelor, the called at the It +use of the plaintiff, who is a respect A- proof of debts founded upon these bills was ordered by , ble warehouseman and wool-merchant, awl repre his Lor d s hi p to b e struc k out of the Commissioners' seated - himself to be the broker of a Dutch merchant, Minute!. In the mean time, Mr. Galpin and Mr. named Philip _Joseph De Brune, who wanted to Coles, jan. absconded to America, where the latter, ship woollen and other goods for Holland, tendering being reduced to the gratest distress, was obliged to in payment the bills in question. The plaintiff , who return to England, and having arrived since this had had some knowledge of Eastman, as a broker, cause was put down for trial, he would be produced agreed to supply him with goods upon being satisfied as a witness to prove the circumstances in which he of the goodness ('f the bills. For this purpose, East- .had a part, as above stated. The Lem nod Solicitor In to agreed to leave them with him, alai accordingly 'contended, on these grounds, that the plaintiff could th- plaintiff sent ore of his clerks, with the bills, to not recover : first, on account of the usury between Messrs. Coles and Galpin's hour, stationers, in Fleet- Mr. Kinnear and the other parries to the transaction; street. The clerk saw only Mr, Galpin, who told and secondly, because the plaintiff had not taken the him that the bills were regularly drawn and ac- necessary steps to satisfy himself of the honesty of the cepted. Upon which the clerk went away, but was transaction before he negociated the acceptance.— desi. ed ag-tin by the plaintiff to make further in- For this Litter purpose, he relied upon the facts quiries, not being quite satisfied that the bills were stated, and v artictnarly urged the circumstances of regularly drawn. When he saw Mr. Galpin again, Mr. Dixon taking a bill indorsed by Eastman, merely the latter affected considerable astonishment at his an Agent of the Dutch merchant, which was quite second visit, told him that it was time enough to in- contrary to the usual course of business; of his never quire whether the bills were regularly drawn when inquiring who the Dutch merchant was; and of his pesented for payment, and the clerk went away, not ascertaining wheher the bills had been accepted perfectly satisfied of the goodness of the paper. In with the knowledge of Mr. Coles the elder. consequence of these inquiries, two separate invest- Charles Barker Coles, the son of the defendant, ments to Mr. Eastman s order were made out, of prove d t h e transact i ons between him and Kinnear, as woollen and drapery goods, to the amount in ut e above stated. whole of £2447 Is. which, together with about £l2O James Taylor, the drawer of the bills, proved that in cash, paid to Mr. Eastman,' covered the three he had drawn them at different times, as stated, at bills. Samples of the goods had been sent at first to the request of Mr. Galpin, who, on the first inter- Mr. Langworthy, the packer, for the inspection of view, had plied him plentifully with wine. He -had Mr. Eastman and Mr. De Brune, the latter of whom no other connexion with the defendant's house. He never made his appearance during the whole transac- was an attorney, now living in Elizabeth place, tion ; awl, in the result, the goods to the amoun t Lambeth. aboveme'ttioned, were delivered to Mr. Eastman 's To prove the other parts of the case, were called,, order, in pursuance-of authority sent by the plaintiff W. Poutt, shopman, in the defendant's employment; for that purpose. When the bills became due, they Mr. H. G. Key, a wholesale paper-merchant ; Mr. were not paid, for reasons which afterwards appeared Langworthy, the packer ; Mr. Langworthy, Jun. in defence. Jacob Jones, a Jew, who admitted that his real name The Sotactiant-GENERAL offered two grounds of was Jonas, that he was a broker, and did business defence to the action.-Ist, That the bills were con- for Moseley Woolfe and Lewis Levy, and that, at totted in usury between the acceptor and the inter- the period in question, he was in the employment of mediate indorsees ; and 2dly, that the plaintiff bad Mr. Kinnear; John Page, an accountant, at the knowledge of the vice in the transaction before he time in question in the employment of Kinnear; parted with his goods, and, consequently, by his Wm. Beadle, the carter, who carted the goods from own laches, had destroyed his right of recovery.— the packer's to Kinnear's house, and Mr. Adlington, The case was this :—The defendant, Mr. Coles, was the solicitor. Before the evidence for the defendant a respectable tradesman of considerable wealth, who, had concluded, after a long life of industry, retired, at the age of The CHIEF JUSTICE said, that the difficulty on his eighty-five, from the cares of business, to reside at mind as to the plaintiff's right to recover on these bills his country-house, %mar Southampton, leaving his was, that before the plaintiff had taken them, he partner, Mr. Galpiw, to conduct the active part of ought to haVe ascertained whether they were the his concerns, in Fleet-street. Mr. Galpin had origi- acknowledged acceptances of Mr. Coles. When a nally been a servant in the house, andhad been taken man takes a partnership bill, either knowing that into partnership without any capital. At the close the acceptance is not for a partnership purpose, or of the year 1817, the latter, in conjunction with under circumstances that ought' to awaken his Charles Barber Coles, the son of the other defendant, suspicion, and chuses to remain in wilful and volun meditated a most extensive fraud upon his partner. tai y ignorance upon the subject of his own interest, About that time, an advertisement appeared in the he could not recover upon it. Papers in the following words:--" Bills discounted Mr. GURNEY, in his reply, denied that there was on moderate terms without delay ; apply to A. B. any thing adduced on the part of the defendants No. 9, East-lane, Walworth." Young Coles an- which went in the slightest degree to vitiate this swered this advertisement, and desired an interview case, as far, at least, as the plaintiff had been con with the advertiser, who accordingly made an ap- cer tied. pointment, by letter, to meet the applicant at the Tice CHIEF JUSTICE proceeded to sum up the case Percy Coffee-house, Rathbone-place. A meeting f or the Jury. He commenced with adverting to that accordingly took place, and it turned out that the as to the question of usury, and read the evidence of money-broker was the notorious Mr. Kinnear, who, Charles Coles. It had been truly remarked, he said, with Moseley Woolfe, and Lewis Levy, was lately that the conduct of this young man had been most convicted of a fraudulent mercantile conspiracy. A disgraceful, and the Jury would view his testimony negotiation was then entered into, and, after two or with great jealousy ; but still, if they considered him three meetings at the same place with Mr. Coles, jun. entitled to belief, and that the circumstances which it was agreed that bills to the amount of 875,000 he detailed were founded in truth, then the charge of should be drawn in sets, by one James Taylor, an attor- usury was complete. ney, upon Messrs. Coles and Gal pin, the latter of whom , The Jury, - after a short deliberation, found a Ter• was to accept in the names of the firm, without the dict for the defendants. knowledge of his partner; and that Kinnear was to Mr. Kinnear was in attendance to be examined.— discount, and give the proceeds to Galpin and He was in the custody of an Officer, having been' ,, young Cwles, deducting a large bonus for his own trots- brought from Coldbath-fields. The SOLICITOR-GE. ble. For bills to the amount of £75,000, young Coles ?MEAL declined examining him, first, on the ground was to receive £.55,000 in goods and cash, the re- that he did not wish to raise the question as to the ad mainder to go into the pocket of Kinnear. In pur- missibility of his evidence; and, secondly, because he suance of this agreement, bills to the amount of thought his case was sufficiently strong without him. 1:56,200 were put into the hands of Kinnear, for SEWELL 17. LAWRIE• which young Coles received £2,500 in cash, and a This was an action in trover to' recover the amount nominal value in goods to the amount of £20,000. of a quantity of clover seeds,, sent by a Leith smack Bills, in the whole, to the amount of £90,000, had from London to that place. The amount was proved been drawn and accepted in this manner, but to be upwards of £l6O. only the amount above stated had reached the hands It appeared the defendant was apart-owner of the of Mr. Kinnear. Of those, the three bills in question Leith and Glasgaw attacks, trading from London. formed a part; and in order to avoid the suspicion Some time in April, 1819, the plaintiff, a corn-dealer, arising from so large an amount of bills accepted by agreed with him to wave,- this seed to Scotland, the same parties appearing in the market, it was upon no other conditions, as he alleged, bit to ware stipulated by Mr. Kinnear that they should be drawn house it there until a market would offer. Notwith in sets of four, five, and six, for the same amounts standing this, however, the goods were given in and dates respectively. In order to negotiate the charge to a person of the name of Arnot, who sold three bills in question, a Jew old clothesman, named them again to the British Linen Company, upon ap- Philip Joseph, was designated as a Dutch merchant, proved bills. Arnot subsequently became insolvent, by the name of Mr. Philip Joseph de Brune; and and it was now contended, that as the property passed one of the other dramatis persons of the piece, Mr. without the plaintiff's order, there was no legal con- Eastman, went to the plaintiff, as already mention- version of it, and the defendant, as the carrier, was ed, and represented himself as the Broker or Agent therefore responsible for it. of this respectable merchant, who turned out to be a It was admitted, on the part of the defendant, that pauper, lodging in a back garret, at the rate of 3s. the goods were put on board his smack; but his Coun per week. This respectable personage, however, sel (Mr. Gurney) successfully shewed that the plain never made his appearance on the b oar d s . During tiff himself had desired that they should be put az time the goods were at the packer's, he never under Arnot's care, and he put in letters from hien, came to see the nierchandize he was supposed to requesting remittances from Arnot when they should have purchased. The only person who did come be disposed of. was Mr. Lewis Levy, of notorious fame, and who at The Court held this to be sufficient to acquit the first announced himself as the Agent of Mr. de Brune, defendant of disposing of the goods without the and being pressed for his name, he threw down, with plaintiff'sknowledge, and no answer having been given great reluctance, a card on which his name was to it, he was desired to be called. Verdict, Nonsuit, written. These circumstances exciting suspicion in tits! packer's mind, he called upon Mr. Dixon, the __l COURT OF EXCISE, JANUARY 7. plaintiff, and told him he feared all was not right, The Court was occupied the whole of this day in aad desired to know to whom he was to look for Appeals for exemption from Fines, surcharge of Du -., N Di x+ . Mr. Dixon, however, was not at all alarm- ties and Penalties. ed at what he had been told ; but he desired one of J. Barfield of Ratcliffe-hig way, paper-stainer, h his clerks to watch to what place the goods were applied to the Court f or a remission of duty, which carried when removed from the packer's warehouse . he had paid upon 1,444 squares of stained paper.— They were accordingly watched, and instead of going The article, he said, had been destroyed by fire, and to the Custom-house, as was expected , the y were he had been charged duty as if the absence of it was traced to Mr. Kinnear's warehouse, in Green-Let- unaccounted for. tuce-lane, which warehouse had a back communica- Mr. Mayow, the Solicitor to the Excise, desired tioa with Suffolk-lane. On this occasion Mr. Dixon the appellant tp call his witnesses. himself was pre.ient, and went into the warehouse, Mr. Burfield said, he had no better evidence to produce than the Officer who had charged him with . the duty. The Officer, being pnt Into thetox, stated, that he had seen the paper the day before, -as well as the day on which it was burned. The duty was not paid upon it until after the fire. There remained a bulk' sufficient to prove to him that the paper had not been disposed of in any other way than by the accident in question. The Court expressed their satisfaction, and was about to relieve the appellant, but Mr. Mayow obiected. The '26th Geo. 111. cap. 25, i equired, that, in order to the prevention of frauds, the servants of those who applied to the Court should prove that no use had been made of the article upon which the drawback was required. It was evident that the Officer had not been satisfied in this case, for he had charged the duty. The Court thought, that in all probability the Of ficer had an objection to the responsibility. Mr. Burfield immediately sent for one of his ser vants, who having by his evidence satisfied Mr. Mayow in the provisions of the Act, the Court or dered the duty to be restored. WESTMINSTER SESSIONS. Saturday, the Court was occupied the greater part of the day in hearing an appeal against a decision of the Magistrates at Bow -street, declaring certain abut ments and projections at present existing in front of the Two Brewers public-house, in Jermyn-street, St. James's, situated at the corner of Church-passage, a nuisance, under Mr. M. A. Taylor's Act. The con viction f the Magistrates was confirmed. POLICE. Wonsitte-STREET.--Saturday the case of A nne Von der Tressen, a pauper belonging to the parish of St. Clement Danes, came under the consideration of ROBERT BEVILLE, Esq. the Presiding Magistrate, MAURICE SWABEY, jun. and JOHN MILWA RD, Esqrs. who also sat on the Bench. This case occupied the attention of the Magistrates, at Bow-street, on a former day, and which being communicated to the Magistrates at Worship -street, induced them to issue a summons against Mr. Phillips, of Playhouse yard, Whitecross-street, the relieving Overseer for the Parish of St. Luke, calling upon him to answer for his conduct towards the unfortunate deceased pauper. The Office was crowded.—Mr. Phillips having appeared in pursuance of the summons, Elizabeth Payne was' worn and gave a narrative to the following purport :— O n Tuesday last, I made application to Mr. Phillips, for relief for Anne Yon der Tressen, who lived at No. 3, Coleman-street, Bunhill-row, where I was on a visit to the landlady. She was ab ove 60 years old. She was ill at that time, and had been so since Christmas-day. In con sequence of my application, Mr. Phillips came , to see her about five o'clock in the afternoon. He went into her room, where she was placed on a chair, being unable to lay down. He' asked her several questions as to her parish ? and she stated to him, that she be longed to St. Clement Danes, and that she wished for relief. Mr. Phillips said, she must be passed from St. Luke's, and as early as possible the follow ing morning. He asked her what were her wishes ? and she said, as well as she was able, that she wished to be taken into St. Clement's Workhouse. He ob. served, it was too late that night, but it should be done early on the following morning. Mr. Phillips, jun. afterwards came, and asked her what she wanted? but she was unable to answer him just then. He asked me if I knbw how long it was since applica tion had been made to St. Clement's ? and I told him I believed about five months. She then said, that they bad refused to allow her any thing out, but thought her a fit object to come into the house. He also asked, who would go with her to St. Clement's ? and, at length, I said, I would go with her. He said, I might wait upon him in the morning. Accordingly, on Wednesday morning, I went to his hodse, where I saw Mr. Phillips, jun. his father, he said, was not at home. He gave me two shillings to pay for a coach ; I wanted some order to take with me, but he said, it would do without one. I answered, per haps they would not take her in, and, in that case, I wished to know what I was to do ? He then said— " Don't be concmed about that, they must take her in ; and if they do not, take her out of the coach, place her en the steps of the Woikhouse, and leave her." (Here the witness burst into tears, and was so much affected, that it was some minutes before she could proceed). I said, I could not do that ' • but he answered, that they would take her in, and he then went out of the shop. I went home and got her ready, and got her into a coach, with the assistance of the landlady,. and, about eleven, we set off to St. Clement's Workhouse. When we carne there, they refused to admit her. One of the persons spoke very harshly to me ; I told him she was dying in the coach, for her extremities were cold, and I thought she was in a dying state. He said, " Never mind that, take her to the place from whence she came." When I went back into the coach, I found her in a dying state ; I then left her. in the care of the coachman, and went into Fleet -street, to Mr. Kimpton's, whom I had known to be a friend of her's ; Mr. Kimpton accompanied me, and he went to the Overseers, but not finding them, he went to Bow-street. In the meantime I remained with the poor woman, for nearly two hours, while he was gone, at the door of the Workhouse. I had half-a-crown in my pocket, I got her some warm porter, but she could take very little. The coachman was rather irritable from re maining so long, and I gave him sixpence to get something to drink. Mr. Kimpton afterwards re turned, and said, he found it was impracticable to get her into the Workhouse of St. Clement. We then came back to, St. Luke's, about four' 'clock ; I de sired the coachman to drive to Mr. Phillips's on our way, and, when we called, I asked Mr. Phillips, jun. for more money to pay the coach-hire, which came to eleven shillings, and I had only two billings in my pocket. He said, in the presence of his father, he wondered bow I could think of that, and added— Why did you not leave her on the steps of the Workhouse, as I ordered you ?" He told me also, as I had not obeyed his orders, he would not give, me anything. We then went to Bunhill-row, and I went out and got the money, and paid the coach man. I again applied to Mr. Phillips, sen, and he ordered that she should be taken into Sr. Lake's Workhouse, where she was placed on a bed. I un derstand sh e was soon afterwards convulsed, and that she died about seven o'clock in the morning. I made inquiries after her the next day, and I v: as told by t.'7e nurse, named Gibbons, that she went off v' - ry easi;y. Mr. SEVILLE inquired if that was the name of the nurse?—Mr. Phillips—No, sir. Mr. BEVILLE—Has there been an Inquest on the body? Mr. Phillips—No, there has been no Irquest. Mr. Kimpton stated, that he had taken a note to the Coroner, from Bow -street, requesting him to hold an Inquest. Mr. BEVILLE very humanely remarked upon ti;e conduct shewu to this woman, and upon the rr..:nr.er in which poor people were driven about. Mr. Phillips said, he did not drive the poor peo ple about, and he conceived the Magistrate had no right to say so. The first time he heard of this woman he was attending his duty as an Overseer:- He went to Coleman-street, and saw her. He sairt the best thing for her would be to send her to he! Parish ; but, he observed, she was not in a fit state td be removed, and he proposed taking her into Str Luke's Workhouse, until she was better able to be passed to St. Clement Danes. He thought there was no occasion fot.being in such haste, and in the meantime he would gitre an order for her being taken into the Workhouse. The next morning, hev..- ever, application had been made to his son in his absence, and money was given fur the coach•hire. Mr. SWABEY said, in justice to Mr. Phillips, he must say, that he had acted very properly on the Tuesdays Mr BEVILLE agreed, that as far as Tuesday *ent, Mr. Phillips, sen. had conducted himself prOperly. " But," said the Magistrate, " how came tour- son, acting for you in your office as Overseer, to give orders that the poor woman was to be left on the steps of the Workhouse? Your son ought to have been present, for if he has been the occ:tsion of her death, he must answer for the consequences." Mr. Kimpton was also heard in his statement of the facts which kid COM, to his knowledge, and he confirmed the account given by Elizabeth Payne. He also stated, that be applied to Mr. Shepperd, one of the Overseers, in the Strand, and he refused her admission, though two medical men had seen the deceased at St. Clement's Workhouse, when one said she could not live above twelve hours, and the other thought she might live forty-eight hours. It was ordered that the further hearing of this easel* adjourned, and that Mr. Phillips, jun. and the nurse at St. Luke's Workhouse, be present on the occasion. It was also ordered that notice be given to f the Parish Officers of St. Clement Danes, requiring their attendance. CLERICAL IN TELLIGEA GE. OXFORD, JANUARY 8. At an Ordination held at Gloucester Cathedral, by the Bishop ut that. Diocese, the following Gentlemen were ot dained : DEACONS. Jackson Forcer, B.A. Bene't College, Cambridge. John Jac lb. Arthur Browne. William I lewlett Trim, B.A. Wadham College, Oxford. Charles Buck, St. Edmund Hall, Oxford. Ellis Wade, B.A. Sidney College, Cambridge. rancsrs. Robert Jermyn Cooper, B.A. Christ Church, Oxford. Richard Jones, B.A. Worcester College, Oxferd. Benjamin Saunders claison, B.A. Worcester College, Oxford.. Henry Gordon ' M.A: Merton College, Oxford. William Coles Bennett, M.A. Queen's College, Oxford. The Hon. Frincis Jas. Noel, B.A. Trinity College, Oxford. Henry John Beaton, LLB. St. Peter's College, Cambridge. Robert Strong. B.A. Wadti:un College, Oxford. Thomas Lewthwaite. ECCLESIASTICAL PROMOTIONS. The Prince Regent has appointed the Rev. James Campbell to the Church and Parish of Traquair, county of Peebles, vice the Rev. James Nicol, deceased. The Rev. T. G. Tyndale, M.A. formerly of Trinity College, Oxford, Vicar of Wooburn, Bucks, and Tadlow, Cambridge shire, and Chaplain to Lord Viscount Hereford, has been pre• sented to the Rectory of Holton, Oxfordshire. The Rev. John Thompson, M.A. Vicar of Meopham, Kent, and Chaplain to Lord Hotham, to the Rectory of Lullingstone, void by the death of the Rev. John Kemble. Rev. W. F. Mansel, B.A. of Trinity College, Cambridge,. Vicar of Sandhurst, Gloucestershire, to the adjoining Vicarage ef Ashelworth. Epitaph upon a tomb-stone in a Church•yard in Wales:— Dust from Dust at-first was taken;, Duss by Dust is now forsaken; Dustin Dust shall still remain, .rin Dust-treat Out shall riseagais! MARRIED.. The Rev. Job* Davies, M.A. Rector of St. Clement's, Wor cester, to Selina, second daughter of Wißiam Wilson, Esq. of Worton House, Oxfordshire. , Jan. 3, at Ba th, the Rev. John llallwarda of Shotley.Par sonage, Suffolk, and Rector of Stanton-on-the-Wolds, Notts, to Emily Jane, daughter of the late Charles Powell Leslie, Esq. of Glasslough, Monaghan, Ireland, many years Member for that county. The Rev. David Willams, of Avebury, to Marianne, eldest daughter of the Rev. William Bartlett, Vicar of Newark and East Stoke, Nottinghamshire. The Rev. Henry Davies, LLD. to Miss Elizabeth Parr, only child of the Rev. Theophilus Edwards, of Exeter. Rev. H. Fardle, Prebendary of Ely, to Eliza Sparke, eldest daughter of the Bishop of Ely. The Rev. John Cawood, M. A. perpetual Curate of Bewilley, to Mary, second daughter of the late Rev. David Davies, Vicar of Mamble, Worcestershire. Tuesday, Thomas D'Oyley, Esq. Serjeant-at-Law, to Eliza beth, third daughter of the Rev. Nicholas Simons. On the 7th June, at Bombay, Ensign Thomas Coleman, of his Majesty's 56th Regiment, to Mrs. Sarah Donald, widow. DIED. Wednesday last, at his house in Cecil-street, Strand, William Winchester, Esq. in the 72d year of his age. At Hackney, in his 81st year, the Rev. James Creighton. In his 63d year, the Rev. Anthony Freston, Rector of Edge-, worth, Gloucestershire. Aged 54, the Rev. James Austen, Rector of Steventon, and Vicar of Sherbourne St. John, Vicar of Cubbingcon, and per setual Curate of Ilonningham, Warwick. Thursday se'nnight, in his 52d year, Edward Downes, oC Shrigley, Esq. Member and Graduate of the University of Oa. ford, one of the Magistrates for Cheshire. Aged 76, the Rev. Dr. Bingham, Vicar of Great Gaddestone, and Hemel-Hempstead, Hefts, Chaplain to his Majesty, and late Archdeacon of London. Rev. R. Fleming, many years Pastor of Eaton, Salop, and the neighbouring parish of Easthope. Aged 74, the Rev. David Lewis, Vicar of Bishampton, and Rector of Aberton, Worcestershire. • •A few days since, in Norwich, Mr. Parsons,, one of the band. belonging to the Norwich Theatres January 2, Mr. James Roper, an elderly person, resident is St. hiildrell's, Canterbury. While in the: act of shaving himself,. he suddenly dropped down and expired immediately. On the Ist inst. at F.riviatt, aged twO years and nine months,. Elizabeth Sophia, oily daughter of Lieut.-Col. Foulkes, • -it HIGH-WATER at. LON URN BRIDGE TO-MORROW. Witting - 28 minutes alter 9 Afternoon - - .s: II LONJA1)1); ; Priated and published by I:EV. - iCi2l7, Piiiteti- Place, Teinpleaar. N t iLopi adva Xter Won Out and Ad! Yen gyve wilt the in a 1 she Rey at 9 Ref 1 ins wit] 1 fror that 1 all la. 1 Is. day whi Pri fro: the tim the Ge dal 4au ea aft, affi sar el) ft T TI a R Ja Jc Jo J. Ji C I 11 ) 31. 1 r- oC* e, lf„ ts t t. IMINENN••••.