Star. — London, England, 1806-03-10 00:00:00

U IMIIIMIN! LAW .NTALLiciKirct. COURT OF CHANCERY. MOW V. ROY. In this cafe, which was one of the highefl imp or " tance, both from the value of the property at Rake, and from the quellions involved in it, Cnunfel, corn• prehending almoti the whole talent of the Chancery Bar, were heard before Lord ERSKItit for fix days. On Friday his Lordhip, without taking time to deli berate, bat after hearing a very able and eloquent reply front Mr. Peiceval in fupport of the Bill, pro nennced his decree. The enieftion teemed principally to refolve into this, Whether a purchafer of an ellate, over which be was truflee s was bound, after a great lapfe of time and without any fpecial fraud on his part being %hewn, from which inadequacy of value or any other improper concealment could be inferred, to prove that he had communicated to his client all the know - INlge as to its value that be himfelf poffeffed :—in tuber words, if, from the circumftance of his being wince, the Ma prohandi lay on him; or whether, in confequence of the long time which had elapfed be tween the purchafe and the agitating of the queßion, alto in confequence of the death of the purchafer, Cy burden of the proof of inadequacy of value had rer reverted on the Plaintiff? Lord EIMINK faid, that the cafe had been argued very ably nn both fides, and he had acquired great and valuable kunwledge from the fix days argil. ment which had taken place. It might feem to foam p• t fun that in proceeding at once to give judgment in importance which cafe, he did not feel it to be of that whith be expreffed. He, however, was confeirnis of a cttnttary feeling. He knew it to be his duty to give judgment, and he felt he would do fo with more effea while the luminous arguments, and the valua ble information which he had received from the Bar, were frefh in his recolleition, than he should after re tiring to his own Rudy, where he flould only have the affinance of his own ideas and knowledge. His, L irdthip declared, that it was impoffible to look at any of the cafes founded on and determined by his sohle and Learned predeceffor, without perceiving that the decifions proceeded from a mind deeply learned, and of the higheft information on the point he was difcuMng ; that his opinions were e preffed with the greataa perfpieuity, and that no ambiguous phrafe which • equld occafion doubt as to the real import of the meaning intended to be conveyed un the point then in agitation, was allowed to remain. But it was hard.:' lv conreftto fuppole that that Noble Lord's opinion on cafes which might be foppored to be ;analogous, &quid Dg colleifted from the exuberances dins mind, where be, like other Learned Judges, allowed himfelf to introduce cafes having an analogy to that under con- Aderation, as illuflrative of his argument in any par titular cafe. In general cafes his Lor4(hip bad laid it darn, that a truftee might purchafe the. efiate of his client, provided there be it diaina and clear contra& And could any aranger purchafe in a dif ferent molter t If any perfon, whether wake or not, withheld any information which he pasta from • perfon purchafing an caste from he could not maintain his ground in that Court, hardly in h Court of Law. Inadequacy of price went a great way in conflituting fraud. If, for iollartue• perfon pal:tired of a precious (tone carried it for tale to a jeweller well acquainted with its value, but who thought proper to give col. innead of cool. be ing the fum the diamond was worth, Inch a man would he difaired out of Court with infamy. The Rite would he the cafe with a perfoa felling a fine piece of Art to an eminent painter, at as inedequate juice. The very mention alba circumfiance envy proof of the deception pridefed. His Lordihip had only one other prefatory remark which went to the effea of the term Confirmation. He did nqt wins to lay it down tbat tech a thing could not cliff ; or that a perfon after being once defrauded might not, with his eyes open, enter into a tranfattion by which he might give effea to his former Improvident bar. gain. Wherever he, however. Mould fee a cafe which obvinufly originated in fraud, be Mould feel a (tong inclination to get it oat of the plea of Confir minion. The prefent cafe, however, perhaps, Rood on circumflances peculiar to itfelf. A Court of Equity would, tinquellionably, when it faw a truftee becoming purchafer ofthe ellates of his client, look to ham with more jealnufy than to a °ranger. The tarn and temper of his Lordlhip's mind, he declared went strongly spina fraud of every kind, and where he had laels to go on, he fhould be found to be fo.— Length of time timid not with him, where no limi tation was prefcribed, operate as a bar to invefliga lions of this kind. He fhould not fay, " I fee there is fraud here, but, from particular circumflances, you have 101 l your opportunity—you have delayed too long, I am furry for you—but now the door is (but againli you and you can have no relief." Such fentimentt would be deftruftive of the very foun dation of that Court. It would be giving to a Court of Equity all the defeas of a Court of Law. His Li r dflnp agreed, that a Trace in maktrg fuch a put chafe molt not have been guilty of any conoeal• meld, and that lie, in (uch a situation, ought to be watch.ol more narrowly than a granger. But, even in that cite the rules of evidence mull be aEted tip to, and no different mode id proof be fixed for him than for any other perfon. His Lordthip then proceededl to on through the cafe, in which he thought there w•as on proof of concealment. On the contrary, the coirri.o of t 785 having been entered into with the knowlage of Mr. Green, a Co-trustee, and o ho, at the fame time, nand in a near degree of relationfhipto the Plaintiff, being married to his filler, that an op polite prefumption fell to be formed. The debts and property purchafed were doubtful, precarious, and uncer fain, and even the right of the plaintiff, from the ignorance of the (Wed of a local law, was by no means fatisfaftnry. The fecund contrail, in the year 1791, by wl.iih it aispeared that the plaintiff becoming fen fible that he had not made a good bargain with Van Heeling, the preeleceff or of the defendant, goes to him, arid intimd of dating that he had been defraud. ed, only afics of him, as a friend, to releafe him from the contrail, and the fubfequent arrangement which rook place under the aufpices of Green, his Lordfhip declared, though he could nor view it as a confirma tion of the Mil contrail, he confidered it to be fuch as oompletelyezel nded the idea of fraud or concealment. If Green were it this moment to appear in the Court of F . ng's Bench, and (wear that the statement in that contrail was falfe, he fhould regard him as a perfon roworthy of credit, for if theft ilia rraerLite, the eo trullee, the confignee, and moreover the brother-in law of the r Uinta was a party in it. Hi. Lori& p begged it not to be fuppnfed, that be was a perfon who wouldwiflt to weaken she means by which frauds were to be detefted. Give him the fraud, and he would give the relief. But jibe ihoold nice attempt to do in without fans on which to leaorl, he agreed with the Solicitor General in the oblervati. n which he had made, that then the Colin of Chancel , v would become a nuirance. The other fafts in the cafe the Learned Lord conceivedall went to repel as evidence the charge of fraud. He therefore had 11.1 befitation in difiniffing the Bill, but without colts, as he thought the aftion not improperly brought, .hi that it might be ufeful and beneficial to remind truflees of the difficulties un der which they lablured, in b:coming porchafers'of the eltates of their contlituents. —., COURT OF KINITI BENCH, a/ARCH 8. CRIM. CON. GILLESPIS V. Lt ADIS. After the general nature of the declaration had been opened by Mr. Goaresr ' Mr. Gaaaow, for the Plaintiff, laid—" The Plain tiff is a refpatable petfon. engaged in trade. who was formerly a coil tailor, and was alto in eiten fi ve banners as a falefthan. He frime time ago lived in Wapping, where his bininefs was ccndueted, but as his emoluments increafed in proportion to his inte grity and indultry, he rethoved to Americaquare. In 1788 he martied the lady whole mil - condo& hrings 'us here. She it Of a refpe&able family, and at the time of their conjugal union was only twenty yeari I old, he being at that time of the age of 27 years.— They lived together for a long while in a lute of perfe& connubial felicity ; hilt at the time when it might be espeßed that the ardour of love had ripen ed into friencithip, tome impediments were thrown in the way of their reciprocal enjoyment. IMR call ' a dentleman as a withers, whom I prefume to be perfally acquaioted with this interruption, but I lhall not think it neccifary at t his time to enter into the long uain of circumllances, which my Learned Friend, if he &ale, may extract from that withers. PerhaPerhaps the grievasice will be found to beS that the ps of the Plaintiff, marrying a young Gentleman of Whim] and fortune, houfes were crotaltifited. and equipages were conttrofted, which excited the lea loufy of the wife of the plaintiff, and futile ill In. rnonr was occafioned for four and twenty hoUrs, the painful effects •of which were, however, reamed, without the intervention of a third perfon. More le riot's difputes afterwards arole ; an elegant villa was the objet of her ambition, and a country refidence ieas provided for her. The plaintiff found his fre uent abfence from town to interfere with his cam ercial engagements ; he therefore in the topftl left rto enjoy her rural pleafures, while he continued intheaeiveqchargeof his duties,to provide the means f her accoinniodation, Poflerior to this time the fame eifinclination toilet together remained, and when he tefided in America ti mare, a hoofe was provided for her at the Weft end of the town, where he paid oc. cafional viets to her, and where the was attended by two old (errant: of the family. There is a decifion his cafe, (in Which I was Counrel)'by a Noble and Learned Judge : it was, that of abfolute reparation between the parties, and yet it was held. that any violation of the purity of the wife would fupport an aeon for ferious damages. Your Lordfhip will re coiled the cafe of Weedon and Timbrell. In the pre lim inflame, all the comforts of the conjugal Rate were not refigned ; there was a hope that Tome hap- Py circumllance, or perhaps, even fome common calamity, might reftore theft to each other. There was, it is true, a dedaelion from the connubial en joyments; the was (till, however, the protearefs of their offspring, and it would he barbarous to fay, that the door to their reconciliation might be clofed, with impunity, by any lawlefs prodigal. " The Defendant, for the fire time, hecame ac. quainted with this lady in May or June of the tail ineat. H. Was at that time a married man, and Was vited to a party *here Mrs. Gillelpie WAS prelim, in the circle aflame of her own relations. They dinned, I believe, and (pent the meats togetherond when the mummy was withdrawing, he propofed to fee the lady home, which was neither imminent with efia hlifhed cufbm or aria propriety. After he had at tended her to the hook, be continued a thou' time in converfation with her. and then retired. He fable• quently communicated the particulars of his inter. view to the common friends at whbfe houfe they had vitited, who, from motives of frieodfliip, gently cau tioned him on the referve that was due to that lady, as the had not the good fortune to be under the im mediate proteetion of her hufband. " Although," raid they, " you are incapable of intending to injure the peace of your own family, or to violate the pe . rfon of this unfortunate lady ; yet, there are fituations fo extremely delicate, that as much unhappinefs may arife from mifapprehenfion, as from the commilfion of actual crime." Soon after this vifit, the wife of the defendant died ; and if there be a period in which a man feels moll difpofed in indulge the moral fenfibilities of his nature, it is the time of loch an affliding event. We have been told from the highen authority, ait is bet• ter to go to the houfe of mourning than to the houfe of leaning," and this preference is to be given, be , eaufe, for an interval at hell, the unruly and irregu lar pailinns of man are brought into fubjedion, and the finer feelings of the heart are in full exercife. It was at this folemn fealon that the defendant, dine ! garding the awful inns oftionshe had received from the hand of death, took the opportunity to feduce and debauch the wife of the plaintiff. I fay the manner, the time, and the occafion when this excels was COM. mitted, point this man out to you as the fubjed of 1 your levere animadverfion. " The term allowed for the Midfummer holidays had doled, and Mrs. G. attended her ion to a fchool at Woodford, whither the Defendant accompanied her ; and will it be believed, that from the door of this lcminary, where fhe parted with her own child, that he might be inaruded in troth, honour, and vir tue, fhe proceeded to Epping Place, where the flept two nights with the Defendant, and committed the ' crime for which fhe is now brought before you ? He afterwards repeated this offence on numerous occa -1 lions, and there parties are, at this moment, living together in a (late of avowed adultery." After lon e general ohfer rations, Mr. Canis, a gentleman at the Bar, and brother o: the Lady, was called. He laid .bat hi. fitter vas Married to Mr. Gillefpie on the jnth of April, t7BB, that they had had feven children, five of whom were now alive. They continued together in perfed hat mony until 5798; and as far as he faw, Mr. Gillef.l pie concluded himfelf as an excellent hufband. The witnefs remembered fame differences. at that time, not nothing conveying ,any imputation upon the Ito nour, or involving any breach of morality, in either party. Afterwa•ds they attempted to converfe with the witnefs on the propriety of a feparation, but he would never liden to any fuch propofals. Mrs. Fleming laid the met the Defendant and Mrs Gillefpie at Mr. John Cadet's in May lath. Mr. Cal fel had ordered his man to go home with the Lady, but the Defendant lent back the fervant, and at- Wide(' her himielf. In the courfe of the fame week, he informed the witnefs, in a manner of nnufual warmth and 'littera, that he was going to the play the fame night with Mrs. Gillefpie. The witnefs told him to take care what he was doing; the was a mar tied woman, and altlintigh the did not live with her lawful protestor, yet the was , cluathedivith a hull band.' The Defendant thanked her for her good advice, and withdrew. The Tuvalu,' at the Inn at Epping chafirmed the fait of the adbltery. Jane Smith depolitt, that the had been In the ter-' vice of Mu. Gillefpie for i t years, She raid the boys were, during the - holidays, generally in America- fguare, and the young ladies with Mrs. tillefilie.— The holland Tometimes came to 'drink tea at Park lane with the wife and daughters. She remembered pne of the young gendinien being taken to reboot at Woodford, about a month after the firk vifit paid by the Defendant. No one but the child went with her minters ' and no perfon retained with her. She let wend that the amulet be atifent one night, and the did not appear from the Wednefiay to the Friday fol. I iming. The Defendant aftetwards Was frequent in his Wits, and fontetimes Was at the twine When Mr. pillefpic called—in fuch cafes, he always went up Itairs to be concealed. The Defendant oceationally flept at Mrs. Gillefpiels. The chamber of her miflrefs bras on the fit 3 floor, and on the fame floor was the' apartment of the gentleman. a nattily/yr:2l4e inter vening. Before the was acquainted with the Llefen dant, the lady ufed to rife at nine or tea o'clock I the hours were afterwards altered to eleven or twelte. The Defendant repeated his vifits until the Plaintiff came to the houfe, and broke up the ettablifhment. While the Plairtiff was there for that p*rpofe the Etefendant fent up his name, was admitted, an alter ation caned, and he was•turned out of doors. One delay evening before, the Defendant was in the fe when Mr. Gillefpie was there, the former went 1 'hire as ufoal, and the witnefs underllood Mr. alter ation ' &Ask-looked through the key.hole, and faw hiss In die private apartment. On her croft.examination by Mr. Serjeant Beft, the raid that the did not head/ fee him peep, but , that the PlaintßY ratdter he looked through the door,. and law the Defendant. Her mikrefs, for Come time before, had a' refideace at Hamptead. Mr. Gillefpie ' often came to the place, and Cent for his children to another houfe. On the occafion of the death of their fon, the hatband and wife were reconciled, and lived r far' few Rniniths. After that, they lived asppinewnerethey were again very unhappy, in late of continual &finite, but they flept together pry night. Subfequently, fhe returned to Hamp d in 'Boy, and when he moved to America fquare, elived with him for a fltort time, but on the fame bid teens the had'eletie in Wapping. At intervals the went to Brikol and Brighton ' , but always when the was at home they were in the fame condition of reciprocal snifery. One night, they bad gone to bed 'at the What hour, and about two o'clock in the morn ing the witnefs heard her *Meets crying upon the flans. The Lady paid the had been'forted out of bed, and went into hyllerics. After this, the cond• mud in the houfe for a month, but they always occu pied feparate beds, and when that time was expired, the went to Park-lane. The witnefs laid, the had of. ten feen her mirtrefs in tears in the morning when the quitted the bed of her huthtnd. Mr. Gillefpie never endeavoured to foothe her under her aftliaion ; his condua was quite the reverie, tending to aggra vate her grief. Reexamination Ey Mr. GmtROW. Q„ .. I know it is very 'difficalt to fatisfy a lady's maid on the fubjeft of the conjugal duties. Do not tell me of hyfteric" which may be managed at say .time, but tell me of a tingle atiof unkindnefi of which the Plaintiff was guilty ?—A. My millrefs did not explain to me the fource of her anxiety. Q A Then you donut know whether the eaufe of her inflow was the want of a gay equipage, or a fplendid villa, or what uecalioned this fobbing and pouting ?—A. I cannot tell. In reply to Tome queltinns by the Chief Jullice, (he laid, that the motive of her lady's velatinn was never explained to the witnefs, and that the never knew the Plaintiff employ, either courfe reproach, or perfonai violence. Mr. ThUmas was extremely infirm, and attended the Court in a fedan chair, in which he was examin ed. He depofed like Mrs. Fleniming, to the animat ed eologium, viz. the Defendant delivered in compli ment to the beauty and take of Mrs. Gillefpie ;—and received from the winters the fame caution, as the lady was " cinathed with a hufband." The anfwer I of the Defendant to the admonition, was expretred in terms of ridicule on the condu& of Mrs. Gillefpie.— The witnefs was then interrogated, as to the pro perty of the Defendant, which being reflated in the fpeech of the Learned Conflict in reply. we than not notice it here. Mr. Serjeant BEST, for the Defendant, Paid, that eonfidering the whole of the evidence, he was fully perfuaded, that the Jury would be of opinion, that it was an aft of great indifcretion, to difclofe tilde family differences in a Court of Jullice. The cafe had been opened by his Learned friend, as if the de fign of the verdia were the punithment of the Defen dant. His Lotdthip would tell the Jury, that to in. flia punifhment, was no part of their duty; the only objed which (tumid occupy their minds, mac, to allign to the Plaintiff a juft retribution for any injury he had fultained. By the fads it appeared, that he had ftiffeted no privation of conjugal happinefs, be eat& he *felled no portion of that felicity, and therefore the fmallefl coin would exceed the compen- Cation he deferved. When parties live together in the full exercife of connubial love, and in the fond interchange of natural affellion, no tom, however extravagant that could be ailigred, would redid*, Y 1111 ea Mats - the loft the hufhand fulainet by the ennatta of die profligate who violated his bed. But when note o there joys fubeilled, and when, as in the peefent tt 1 Rance, the hatband was himfelf inntwriental to his own dithonemr, he was neither entitled to private companion, or to public remunerati in. On the evi• dence of the brother of the tsdy, it appeared, that, ever fence the year 1793 they had been living in a hate of utter hatred and AM 11011 towards each other. Under what ciecurnhances it was determined to fepa rate, and what were thole melancholy difputes which kd to fuch a reparation, the Jary were not informed, but one thing was certain, that this Lady was turned out of the bed of her hatband ; and if a man drives a young woman of thirty frt,m his embrace, out of his own bed, he ought n..t to be flisprifed if he finds her in the bed of a &anger. With thin provocation the left the honfe, and, with the knowledge of her hatband, lived in a faneinnable part of the town. In that fituation flie met with a young TAU of her own age, accidentally, witfiout any formal fe,inaion ; the Lady afterwards accompanies him to the Hay, asid fetmed willing to join in all his projee‘. It tl:r f: ,;• fall without plucking, the hand which reer;ve., it commits no theft. In the examination of one wieners% it was attempted to be flew% that the Defendant was pofieded of a large Preterite. what was the fit!) f With his wife the Defendant acquired two thoof.f pounds, and itt her death he became poffeffed of , ner thoufand pounds by an inform= on het life: Thed in the whole; with the improvementi made id si cot tage ornee, he had pool. and his Learned Friend, Mr. GAttorl, knew as well as arty inns i how itrap plicable loch eMbellifhmentswere to anthe r the dithers of a vet dia. Then it was raid, he had been felling plate, carriages, and furniture. as if this timid bri an indication of his Wealth, althongh, in every other cafe, it would be an unqueflionahle proof of pow; ty. The Defendant had been educated in the navy, where the fervice of his country had precluded the opportunities of early infiruelion. OA the whole, the Learned Counfel trailed, that the jury would find the hatband defetved no retribution • that the error of the Plaintiff was venial, and that the fdialkft de* mages ought to be affigned. Lord Ecteraotouom, after flitting the nature of the affirm, and the law as applied to it, commented . on the various parts of the evrdence.—Verdift for the Plahniff tool. -fiEVCod J • 10 1 • II I 6 Heaton Main, Hepburn Main Holywell Main Kenton Main Weft Kenton Percy Main loontop—Simpion'a Peartor--Windfue• South Moor Taiga Moot • Tem - Too* Main Wallhmils Moor . IVA* IWhlrt Poi Wan End - WIZ:A IDstzton rth illerut Main ark Mkt ND COAL. I:l4llll at e Edsh °IF au" 4 Newbottk Mew - Primrofe Maim Routledge Wu RaffuLl's Main . Total, stools l ! eh . 3 ' I 46 6 4 , 1 44 6 42 3 4S 3 449 44 6 44 0, 41 0 , 143 .4-7 9 111 4$ u 44 46 6 4! 9 1 419 43 6 46 6 4 8 3 48 6 46 6 44 0 47 6 46 I 44 9 42 o 43 6 44 3 I 46 o 44 0 47 9 45 6 ♦4 0 47 3 47 6 43 0 47 0 44 S) 0 ..13 3 4 6 9' 4* 9 43 r 4 B 48 0 41 6 I 47 0 44 47 e 47 SP 45 , 0 44 3 41 0 4 1 9 41 W 48 4 4' 47 u 6 4 6 9 44 Cr 64 43 1 43 ° On the sit► wk. et Norwell, Devon. Thoe.Heathfiedd. Ef+ At Paris. tbe beginning of left ntau►. the eekhrated M,4 de Mon mean, wife (though not acknowledged as filch) of the bite Duke of Orleans On the sSth ult. Lady Strange, widow of the late Sir Richard. and mother of Sir Thomas, Chief juftlee of Madras, in the Mk year of her age. In the north of Ireland, on the 30th ult. aged Re, the Rev. Rich. and Waddy, Ream . of Cumbery, and the oldeft Clergyman in an dinette ut Orrry. TO-MORROW. Sun rife, I Sun fets Moan rifes 14 minutes after 61 46 minutes after 5 I t 6 minute* after HIGH WATt It AT LONDON BRIDGE TO-MORI Morning •17 Mint after 6 Afternoon . - 44 fillititeq after 6 • HAVING dedicated myfeif tc the audy, and beck =ratified by the mat eosiderable pradlice in that branch ' which t thought (toper to Wet, I watt that 1 have not more intf • Mmioyed my time than thole who. In toe eateniiva field of the ?rerffion, are messanally laaimalett in utmertaluty, and cannot Away% attain that faeces wbi is acquired ty concentrating. the ir.tcliedual parer to one aids of di:ordci The &ewes of DitlifiLlTY are Tee:dbl.-4y &Aram*. for theg wing with tirmi a train of eimeomftcnt fynaptoms, and, by a dip. :4•450n of al vital energy, niftemee Wide becomes embitteraLsw Whether they arils from the omit= ce of in courohtaedearas. ' dee habits of fc .sol-boys, or the indu:gences of matiaity, they re. quire the molt 1613&101111 pro'Zional !kill ; ut hy tta iguaraua of unedueated turn, the lympteatt are aggravated, ang the Mb! Minn is deftmy La a MEM BEE of the ROYAL COLLICISo' SUROIEDIff, ground my pretadons on regularity of education =4 offeellg every privilege to maim I feel myfelf aidtled to that con9dencl with wtiek i have hitherto been libitraf y Loot oed in the Ord hinfations of local value's, arty opplimu" viriX prevent the calamity of a debilitated - rain; bat where • 1 , fear, from a contcioufnefs of the unmatilnes of the vie, .t• inured his mbifortuse. Is fearful of the centempt or Otritt , t o Iva ft mily phylician and broods over his infirmity with formai cos etabone it molt be bitiesetery for him to he *Glow l oat only gl , inability of treatment hut alfo of the mph invadable Comet/. And in recent Venscal i'omplaints it I. potbidi to prev mt pais, danger or &fires , In the moll eAttplictire.l elle* It is the acquire ment of exeluive experienee ht this hue to str4k a life, cu le. .ei (tardy melt:6lloomm I offer the advantage n t this esperPore to thole (lather fee who are sillided with any ►ind of DIIBILiTY, ot any lymptams cf VBIIIStRAL INFECTION, and In ail cafes thc terms of ramp send= are ftated on the tit* interview. Patkots in ale country are a:peeked to laden a link note, and ate :Nude' to (reify their age sod moor? o` Being. MARTIN BABB, Mamba of the Roial Collrge of Surgeons, In London. No. an, Aratulei-ftreet, award ntar Twee Bar. LONDON t hinted and Tebiegate by Li KtN OA Cat - tether, V•ec. I ambetb). at the eras OrtICI. I. Catty ltrect. age at att Stag LI: fICIt , rettria•lhe - .. I 1 1