Star. — London, England, 1823-06-17 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY—THIS DAY. • THE EARL OF PORTSMOUTH. This matter being called on, • The LORD CHANCELLOR asked Mr. Wetherell whether be was in it ? ' Mr. WETHERELL.—" Yes, my Lord. It is a Pe tition that it may be referred to the Master to inquire and report what are the debts- chargeable on the estate wad effects of the Earl of Portsmouth—whe ther the demand on which this action is brought (for there is an action now pending against him) is a just demand or not—and whether such action ought to be defended or not? In short, the object of this Peti tion is to inquire into the debts of the Earl, with a view of ascertaining what his estate ought to pay on tit- charge of debts. It is quite of coarse." • HEALD.—" I appear and consent, my Lord." Lone Ctraxera.Loa.—" Be it as prayed." APPEAL IN THE HOUSE OF LORDS, JUNE 16. LOYD V. TRISILESTON. This was an Appeal from the Court of Chancery in Ireland. Some years ago, the late Lord Trimles ton, who had in the latter part of his life married a second wife, namely, Miss Alicia Eustace, a young Lady of considerable beauty, now married to Gene ral Loyd, died, leaving by his will the bulk of his estates to his widow, to the exclusion of his son, the present Lord Trimleston. The validity of his Lord ship's will was consequently questioned, and a suit instituted in the Irish Court of Chancery. The Lord Chancellor directed an action to be brought in the Court of King's Bench, to try the validity of the will. A trial at Bar was accordingly had before all the Judges of that Court, in which it was urged, on the part of Lord Trimlestoo, that his father had been prevailed upon by the undue influence of his Lady to execute the will in question. The trial lasted for four teendays, but the Jury did not agree, nine declaring in favour of one side, and three on the other. A trial at bar was then had before the Judges of the Court of Common Pleas, which lasted for eleven days. A great many interesting facts were sworn to as in stances of the influence which his Lady possessed over the late .Lord ; while, on the ether side, evidence was adduced to justify on probable grounds his Lordship's disinheriting lei; son ; Lord Norbury charged in favour of Gen. Loyd ; and Mr. Justice Fletcher (lately dead) and Mr. Justice Moore in favour of Lord Trimleston. Mr. Justice Johnson did not sit upon the occasion. The Jury, after considerable deliberation, found their verdict in favour of Lord Trimleston, against the va lidity of the will. A motion was made to the Lord Chancellor to set this verdict aside, asteing against t:re weight of evidence, and to grant a new trial. His Lordship refused the motion; and against that deci sion General *Loyd now appealed to the House of Lords: Before, however, the merits of the case were gone into, the Attorney- 2 General, .on behalf of the appellants, urged, .as a preliminary objection, that Lord Manners had refused the motion without having the Judges' notes of the trial .before him, which ren dered it impossible that his :Lordship could pro = nounce an accurate decision as to whether or. not the verdict was had against theweightofevidence. After some .discussion of this point, the House.of Lords yielded to the objection, and directed that the Chan cellor should procure the Judges' notes of the evi deuce, and rehear the motion. VICE-CIIANCELL.OR'S 'COURT, JUNE.I6. PHILLIPS VOSAYLEY. Mi. BELL applied to the Court to direct a new trial in this case. He stated it was the case of a Ventleman of considerable Property, setting up a skim against the Spiritual Rector for a portion of the tithes, or a modus of 4s. 10.1. for certain lands called Slip Shades. His Honour had directed an issue to be tried, and the Jury, under the direction of Mr. Justice' „Park, had found a verdict for the plaintiff. The Learned Judge's notes of the trial having been read, Mr. Bell proceeded to argue in support of the motion. like Court was aware, that down to the period of the aiisairlution of monasteries, no lay proprietor was per mined to hold tithes. But as the Crown was enabled, -subsequently. to•that period, to grant out ecclesiastical property to laymea, it was incumbent on the plaintiff to shew a grant at the time when the property was separated from the monastery. The Learned Counsel' then cited a variety of cases, and dwelt at length on an opinion of Lord Redesdale , in the case of "Mead' v. Norbury," before the House of Lords. • Mr. InESLOVE followed on the same side, and urged the improbability of the proprietor's selling the land, and retaining a right of so vexatious a nature as that of tithes. The VICE-CHANCELLOR—There are two ways in which an adverse title may exist against a lay impro priatoso—by grant from the Crown, and by severance; one only against a Spiritual Rector,. namely, by the presumption arising from long and uninterrupted pos session. The evidence of possession and conveyance is in all cases evidence of legal title, and it is impos sible in any one cause to shy w the origin of the right, to a portion of tithes. Upon the plain and simple prificiple that the property in question has been the subject of conveyance and enjoyment for 150 years, I ground my decision.—Motion refused, with costs. COURT OF KING'S BENCII, JUNE 16. THE KING V. POYNDER. -Mrs SCA RIATT prayed the judgment of the Court upon the defendant, who was found guilty at the Middlesex Sittings after last Michaelmas Term, unon an indictment preferred against him for refusing to serve the office of Churchwarden of the Parish of St. Ann, Blackfriars. The defence set up by the de fendant was, that he was not liabli to serve the office, as he had only a wharf and counting-house in the Parish, and that his residency was in another Parish ; but the Court held that every person having a place of business in a Parish was liable to serve all parish offices. The COMMON SE/LISA NT, for the defendant, having stated that the defendant was now serving the office, The Coon? suggested - the propriety of referring it to the Master to say what ought to be done; and both parties adopted the suggestion. THE SING 9. POWELL. The Rule obtained in this case, calling Upon the defendant, a Magistrate for the County oi Hereford, trisliew cause why a criminal information should not be filed against him for publishing in the Hereford-News paper ..a libel upon the Rev.— Venafiles, also a Ma gistrate for the same County, was this day enlarged, upon the motion of Mr. PULLU, who read the affi davitalf the defendant, who swore that the Rule was obtained so late in the Term that k was impossible for him before the conclusion a this Term to peer- - the necessary affidavits. BISHOPS' COURT. Mr. COMMONSF.RJEANT moved for Rule calling upon the Bishop of Peterborough to shew cause why a writ of prohibition should not issue, directing to stay all proceedings upon a monition served - up 4 a Clergyman named Wetherell, to apppar 'at the 1$1 : shops' Caul t 'at Northampton, to ansanr to a cbm plaint made against him by his Curati.fur alleged arrears of Stipend. The motion was • Ilinnded upon the affidavit of Mr. Wetherell,• who swore that his Rectory was in the Bishop of Peterborough's Diocese, sad that he, a resident Rector, having engaged a Cu , rate at £lOO, per annum, applied to the Bishop for a license for the Curate, but the Bishop said that the stipend was too small, and ordered that it should be 'increased to £l2O, which was the sum to which the Curate was entitled under the provisions of the 57th Geo. 111. The Curate did the duty, and Mr.Wetherell paid him the sum agreed upon, and the proceeding in the Bishops' Court was instituted for the recovery of the difference between that sum and the sum ordered by the Bishop. The Learned Counsel this day con tended, that this was a common law agreement for £lOO, and that the 57th did not, under such, circumstances, authorise the Bishop to apportion the stipend; but as it did not appear upon Mr.Wetherell's affidavit that be voluntarily, and without any applica tion on the part of the Bishop, bad appointed the Cu rate. the Court would not upon such an affidavit grant the Rule, and time.was given to amend the affidavit. JUDGMENT.-THE KING V. SAMPSON ISRA EL. - . Mr. ADOLPHUS prayed the judgment of the Court upon the defendant, who was found guihy at the Middlesex Sittings after last Term, of having, upon the trial of an action in the Palace Court, in which his father, Abraham Israel, was plaintiff, and Wm. Clarke, of the Cider Cellar, Maiden-lane, Covent garden, was defendant, committed wilful and cor rupt perjury. Several affidavits of respectable persons in the neighbourhood of Maiden-lane, giving the defendant an excellent character, having been put in, The COMMON SERJSANT briefly addressed the Court in mitigation of punishment, and trusted that, if their Lordships had the least doubt of the propriety of the verdict, the defendant would have the benefit of it. Mr. ADOLPHUS addressed the court in aggrava tion of punishment, and contended that there was not the least ground. to doubt the propriety of the verdict. Their Lordships consulted together for a few mi nutes; and Mr. Justice BAYLsY proceeded to pro nounce die sentence of the. Court. He reminded the defendant of thetnormity of his offence; anciobserved, that of the propriety of the verdict no one who ivodld read the evidence could entertain -a doubt; but, in consequence of the excellent character -given to the defendant in the affidavits which were put in, the Count did not feel inclined to go the length of their power in awarding the punishment •for the crime of perjury; but so injurious to the interests and the morals of society was that crime, that the Court could notpass it over with a light punishment. Taking all the circumstances bf mitigation into their consi deration, the Court ordered and adjudged that the defendant should pay to the King- a fine oflOathat he be imprisoned for twelve calendar months in his Majesty's House of Correction, Coldbath-fielsis ; that during his imprisonment he be kept to bard labour ; and further, that he be imprisoned until the tine be paid. The defendant vas then taken out of Court in the custody of the tipstaff. COURT OF EXCISE,. JUNE 16. Mr. E. Edwards, an oilman,. residing in the New Cut, Lambeth, was charged with having purchased a quarter of a hundred weight of soap, knowing it to be smuggled, whereby he incurred a penalty of 1001. The first witness in support Of the information was a man named Connor, who swore, that on the'4th or 6th of May last he called-at the d efendant's shop, and told him he'had some "ran" (smuggled)- soap to sell, low. Witness offered to let him have a quantity at 465. per ewt. die pride of map on which duty had • been paid being then 565. per cwt. lie asked for a, sample. Witness called again on •the liith of May,J and•shewed him a sample; but he refused to give more than 40s. and to take a quarter of a:hundred -weight on trial. Witness sold , him.that‘quantity. The Omar—NSW It senaggluil7 Miessese--fies. The Couar—How de yoe know dialect ? Witness—Became I made ittaiyallf. The Couae—lt is a pity that the °lacers had sot touadelteut. Did you sell much of iti? Witness-440: -t was ruined nitwit illrineas ago by pa* selling smuggled soap. A man named Joseph Champneys, iwho said he as sisted.in making the soap, deposed, that he carried the quantity ordered-by the defendant to his shop, where it was weighed, and the money paid to Mr. Connor. The defendant, in his defence, admitted that he had purchased the soap at the pike stated, but he denied, in the most positive manner, that he had been told by Connor that the soap was smuggled. He bad only commenced :business ,three days when the sale was made, -and other dealers in the neighbourhood gild soap openly at a price aslow, therefore he could not infer from the price that the article was smug gled. In contradicuon of Connor, he called *his bro ther, who stated that he was present when the fbrmer came in and offered the soap ; he never said a word as to its being smuggled in the whole conversation. . The Counr were of opinion, that the defendane must have presumed the soap to have been smuggled • from the price at which it was sold ; but under the particular circumstances of the case, and of his being a young tradesmaa, they mitigated the peinihy from £lOO to £5. They cautioned him and other trades men from having anything to do with grub persons as bad come forward in the present case, as it might be depended upon, that the profit to be gained was by no means ade.quate to the risk encountered. Itss Row.—A Must ICuzsto.-3onday morning the whole neighbourhood of tmay's-londone, was thrown into the greatest state damn, in coosequesicoof two coatending factions of Irish men, femnibe two centime of Cork and. Kerry, meeting to de.. dde M socket vapid that originated between their swears some ages ago, and of which none of the present generation can tell the muse ! At ao early boor in the morning some of each pony, armed with shift:tabs, began to assesablis from 3t. Ones's, and the vicinity of 3mirroahillosplimuty a Wedge= was brake on the heads of the anatondlog parties. The women appeared wattles in the affray as the moo. Many persons were knocked down and trampled on. The report of a man being killed, dia. , ittned a somber of the sisters; sad the Approach of the Hann:l aird= Parr, punk. sad Mestaidro, pet the rest to eight, except a men of the anus if Flpftme SCCirthy, who being desperately unbend* was placed on a shutter, and carried to St. r Dartlitdotr.cw's I.tospital, wbure he died tr. a few utinuto atter. • * INOIITS'IN THE PENITENTIARY. ~ . .4n. l oquest was held yesterday afternoon, at the General Penitentiary, Millbank,on the body. of Re becca Price; a convict. Mr. B. Chapman, Governor, stated that the de ceased was tried in the city of Worcester, on the 13th of April, 1821, found guilty-of shop-lifting, and sen tenced to seven years transportation; which was com muted to five years: confinement in this prison. She was received here onthe 25J of Me y,1821, being then in a good state of health, and of the age of 18 years. Mr. John Pratt, surgeon of the Penitentiary, stated that Rebecca Price was removed to the Infirmary on the 11th of May last, compl.iining of diarshcea, and violent pains in her head. The diarrhoea was greatly relieved, and also the pains in the head, by medica ments, till the beginning of last week, when the pains increase,' in a most violent manner, accompanied by those symptoms which always take place in conse. quence of an effusion of fluid on the brain, of which she died. She was attended by Drs. Roget, Litham, and witness, daily. She died on the 13th instant. Juror.—Do you think the deceased's first illness may be ascribed to the low diet of the prison, previ ously to the alteration and increase of food which took place at the recommendation of a Coronet's Jury ? Witness.—The low diet, when meat was not al lowed, might have produced diarrhea ; she did not die of that disease, but of water en the brain. Coroner.—l have a minute about me of the date when meat was allowed to the prisoners in this Peni tentiary ; I had occasion to refer to it this day before a Committee of the House of Commons, which is in (wiring into the state of this prison and the cause of the late extraordinary mortality. It is four months ago since a regular supply of meat was ordered for the prisoners. The Jury were informed that another convict had just died, and they went to view both the bodies.— One of them, a man, named John Lampard, was brought down from his cell in a shell ; the eyes were open, and life appeared to have just escaped. The Go vernor said that. the man had been dead 40 minutes, The Coroner ordered the eyes to be closed, and the following evidence was taken on the body: Mr. B. Chapman stated, that the deceased was SO years of age; he was tried at New Saturn, on the Bth of March last, and found guilty of feloniously buying stolen goods, knowing them to be stolen, and was sentenced to seven years' transportation, which was commuted t., five years' confinement in the . I'eniten. tiary. He came here on' .the 25th of March last in perfect health. Mr. J. Pratt, surgeon, sworn.—The deceased was removed into the Infirmary on the 15th of April last, with an inflammation of his left eye, and a glandular swelling on the right cheek. The inflammation sub sided, and he became very deaf, and soon afterwards a quantity of purulent matter was emitted from the rightear. In the.beginning of May diarrhoea attacked him, which he sank under, and died this day. He had the prison aliowahce ever since he came into the Penitentiary, viz. six ounces of dressed meat free frim bone, one pound and a half of bread, three quarters of a pound of potatoes, and a pint and a half of thick milk daily. 'This is the quantity of food given to every prisoner. Witness had himself exa mined the bread ; it is good white bread ; he had examined the milk; it was pure and unadulterated, lie had every reason to believe. It was examined on its being brought into the prison, and again by the matrons and task-masters on being given to the pri soners; Witness could not say what quantity of milk was brought daily to the Infirmary, nor the number of prisoners therein. Juror.—lf we knew what quantity ofmilk was sold daily to the prison, we should know, by comparing the quantity of milk with the number of prisoners, if there was a pint and a half for each prisoner. A loaf of bread, at the request of the Jury, was brought for their inspection. It was remarked, as being very sweet bread, though rather heavy. Witness—This bread is ground by the prisoners, and baked •in the prison ; it cannot be adultelated. 'The deceased died of diarrhea; this is the disease which has occasioned such mortality in the Peniten tiary. The deceased, during his illness, had been supplied with fish, fowls, wine, and everything that was likely to render him any service. JUD7CP.Y.O/1 visit every prisoner daily? Witness—l am informed, every morning, by thk ward-keepers, what prisoners wish to see me. After I have breakfasted Igo to see them. If it is a trifling ease .I order medicine, and they remain in their cells; if very bad, they are removed to the Infirmary. Some prisoners make themselves ill to get into the Infirmary. A man last week . plunged a sharp chisel into the calf of his leg, to get into the Infirmary to join a cornpa iiien. and he was sear losing his life in consequence. Juror--Do you think that diarrhoea is contagious?' Witness—lih not considered to becontagio-ns.. Juror—What is your opinion? Witness—l Itad rather not give it. Coroner—The witness is doubtful as to his opinion. After some discussion upon the propriety of exi. mining some of the matrons and prisoneri, for the purpose of discovering the cause of the havoc the disease called diarrhoea has made amongst the unfor tunate inmates of this jail, the jury, on being in formed that a Committee of the House of Commons was making an inquiry into the subct, declined ex amining any other witnesses,. and returned a verdict in one case—" Died . nf4iarrbcca," and in the other— " Died by the visitation of Gon." OTHER INQUESTS. An Inquest was held yesterday afternoon, at the Prince's Feathers, Dean -street, Westminster, to in quire into the death of Edward Curtis, a waterman, It appeared from the evidence, that the deceased 'used to ply for fares uear Mr. Sullivan's, Millbank. He .was last Sunday afternoon conversing jocularly, in apparent good heahh, when he suddenly fell down in a lit, and some time afterwards expired. The deceased had been very subjeit to fits. Verdict,;-. "Died Ly the visitation of God." An Inquest Was held at the*Coopers' Arms, Tinier.. hill, on the .body of a porter, who on ThuridaY was found on the Toss er•Quay, lying by the side Of a pipe of•whiskey. Upon his person was a tube generally used by gaugers in tasting spirits from c as k s , w i t h which it appeared he had drawn sufficient spirit to throw hiin into the senseless state in, which he was discovered. He was removed to theworkhotise of Alllallows - 13arking,• where be died v ery wards. Verdict—" Died from cloc4sive ikinking." sm . " , til&st#3.4lzot, The second reading 'or the Silk Nfaitt to repeal the Regulations embodied - fields Acts, 'being fixed by the' Unnse yesterday, as early as four o'cloCk in several tlsottsands cf the Weavers inter, fate of this Bill assembled in New 1 3 , front of the entrance to the House of Abingdon-street. By five o'clock, at w Lords commence public business, it wa:, that. there Were not fewer than ten thousan , in the neighbourhood of the }base of All the open spaces were completely tin ° , them ; the crowds were far more numerous than wi n asscmbled on the second and third reading s i n Commons ; but their general demeanour w as as respectful and orderly as when they lined rit e bies of the Lower House, on the second readi nu the Bill, on which occasion we had th e satistictios of bearing testimony to thei r decorous cond They thew up in line in the road-way, .so as to agar their Lordships carriages room to pass, and di t , took off their hats to the Peers as the carriage s 0.4 ceeded. Under the piazza, whe r e th e Lords 4oit t i t carriages to enter the House, deputation s of t i e Weavers, most respectably dressed, were drawn n , on each side, backed, however, by many hundresdial their brethren, the piazzas being crowded to encl. Those in front handed to their Lordships, a s th t i passed into the House, two papers very nemiypre ite d . The first was an address to their Lordshi,,, '" the Journeymen Silk Weavers of Sontiela sio d its vicinity," setting forth the advantage, that they had derived from the Acts sought to be tem*, and earnestly entreating their Lordships to :allow ther o at least "tire same privilege that was granted to ts Master Manufacturers, of being heard before a Com. mit:ee, in order to produce such satisfactory evident ; as they humbly conceived could not but consists their Lordships that whatever had been as,eased against the invaluable Acts was not founded either ia justice or in truth. Therefore, they sincerely aoi humbly hoped, that they wool.' not stiffer tliedread. ful measure now before their Lordship, to pus ilk, a law." . ---This document was' decorated with their coat of arms, and their motto:—.' Wizen itm WITH TRUST.' The other paper was from the Matter Silk Msai. facturers, Btc. signed by about one hund.ed ail twenty names,with the period (several upwards of fifiT years) during which each manufacturer had bee is trade. Amongst other things it said, that the ing Acts " prevent differences and disputes betafta the silk manufacturer And the journeyman; put it out of the power of the journeyman to exact fromthe manufacturer a high rate of wages when the trade happens to be in a flourishing state; secure to tbr journeyman a fair and equitable price for Iris labour, and consequently prevent the manufatturer boa taking advantage of his weaver, under - st temporary depression of the trade; give encouragement to is. genuity, the weaver knowing that in proportions he is skilful his earnings increase, the skilful weaver working with greater facility than the ordinary hand, and consequently is rewarded according to his 'skill; prevent an exorbitant increase of the poor rates; keep the districts in which'tbe silk trade is the staple sr. nufacture, in a. state of quietude and repose; *I have effectually arrested the progress of pauperisa, which produces moral degradation in every point ' view, represses industry, engenders negligence in tie management and economy of a family, increases di,. affection, has a tendency to riot and outrage, greats injures the landed interest, produces a general demo. ralization of principle, and endangers the State User Their Lordships received these papers in the most condescending manner. When the crowds heard the proposition that had been made by the Earl of Lt. vzarooL, and that the operative classes were to la heard on Wednesday, they were, as may be Imo. gined, uncommonly delighted. They remained * cheer the Lords as they left the House; and theta* separated in the most orderly manner. BIRTH. . • On Saturday, June 14th, the Lady of Watson Alma. kit othtsclito&uponlTees, of a daughter. Sunday morning, at his Lordship's house in Albemade;seto, Lady F. Lesson Gower, ofinairtwins. NEW 0 ATE Aim LEA D EN 111 A LL AMEN IiTS. JUB&K (Ey the Oortaie;) Beef 2s 8d to os blptreal awed soh .111 Mutton.. ....as Sd to 54 Sd I Pork is 4d lo Rr id PRICF.S or HAY ANSI S' 4 * IT. rastites. Hay 31 41 Od to 41 as Od I Straw. 21 as Od so 51 .0* Od I Clover 3115 s Od t 0.41101 Od ;TrßAvi vitinifiktot: waveickam. Hay... 31 Ws to Al Its 4 •Straw 21 Os .to 4111,1 Clover 31 12s to 41 14s 04 7ttfa t e tifiegt..lll::: 117 , n the si b at . LATIV 4 the - a f t . reiested in. ',date yatd,. Lords, al „ l .a t•hich bo ut 1 IN vas ca l c ,, vs nand W ' ii 3f Parha m% throoppA ...:. • L ( PRICE °, TALLOW, Town Tallow 4os Od Yellow Russia s6s Od White ditto Soap ditto lleitiog Stuff 27s 061 SOAP, &c. per 110. Ditto-rough Yellow Soap Mottled Curd Palm' PRICE OF CANDLES—From Tallow Chandlers' MU. candles, per doz. Is 6d—Moulds, Ws Od; Id. per &Is allowed for ready money. PRICE OF HOPS. limit SACS. WV ?SCUM. Kent Sussex 2l 16s to 31 104 Sussex 3l 4s to 41 ts Essex Foreign ... 01 Os to 01 Os Faraham 7l Os to II y RAW lIIDES. I Best heifers and Steers (per Ordinary... Its . 2d IS Sts 4 stone) -.s Od to 3s 2(l Market Calf Bs od to Os el Middlings 2s 6d to g.• LI Eng. Horse Os 04 1 1) 6 " ' COAL MARKET, JUN S 16. Burdon 386 6tl-13ea3 mont 35s—Pontep Windstit fit"' Wylam 35$ 6d—Wallsend Brown's 395--Wallsend Radium, berland 386 Od—Wallsend Russel 416 ad—Liddell. 11111116+. Hedworth Main 336—Lyon's Main Ms ad—Hartley MO' WaUsend Lambtoa 423 64—Walisend Stewart Cis 664 774 Ships at Market-65 Ships sold.—l2l Vass& DAY. -MA I 1.3.--! • 1111. DV& 1 0 I Franc* Alm 10 . 1 0 Dublin Waterford 101 Harnburgb Guernsey and Jersey 0 1 Randers Lisbon 0 4 Malta • • • Holland A merica O 0 I Gottenburgb , 0 1 O 0 Una 0 ril H. NA'i'fiMat LON DON II) ON TO-MOH ROW. Mensal( - • 42 min:.te• after Alteinixs a • - 1$ missile* ages it • LOMEroNt Trfsted acid Dace; Tempke-bat. •