Star. — London, England, 1821-11-19 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, NOVEMBER 17. ,I Mr. HEALD, this day, proceeded with his ergs. anent in the cause, , 'the Attorney-General v. the. skinners' Company." Mr. SUDDEN followed, oaf , had not concluded at three o'clock in the aftersooa, when the Court rose. VICE-CHANCELLOR'S COURT, NOVEMBER 17• COOKS D. COLLINGRIDOL Mr. HART said, that this case, although compre hending a great mass of narative and accounts, lay. in a very narrow compass. The facts were these:— John Cooke, the plaintiff, was the residuary legatee of his father William Cooke, deceased, and the de fendants, Collingridge and Co. were co-partners in trade with the sad - William Cooke, and had subse quently to his decease carried on the business of coach makers in Liquorpond-street. The object of the bill filed by the plaintiff was to shew, that the partnership was not so concluded upon the decease of William Cooke, as to deprive the residuary legatee of his fair and full participation in the profits and capital of the business after his father's death. The testator, William Cooke, in 1805, entered into busi ness as a coachmaker with Thomas and James Coiling ridge, and Messrs. Rowley and Mansfield. The ori ginal agreement took place in 1803, and on the 15th of. September, 1812, the partnership articles were re newed for the term of seven years, to commence from the Ist of January, 1811. The capital for the trade, to be equally supplied by the partners, was £40,555, and the profits were to be divided in equal propor tions. There was also this stipulation, that if any one or more of the partners died during the copart nership, his or their representatives should, for the remainder of the term, enjoy the same interest as the deceased would have enjoyed during his life-time.— It was at the same time arranged, that the capital should not be broken in upon inconveniently for the general purposes of the business. The VICR-CEIANCELLOR asked, what .stipulation was made for adjusting the affairs of the copartners at the expiration of the term of seven years? Mr. HART replied, that everything was to be sold, and the produce equally divided. The profits of the trade were estimated at £14,000 a-year ' or £lO,OOO, as had been subsequently mentioned. The testator, on the 22d of August, 1815, met with an accident, which be soon after died. He made a will on the of the same month, by which he ordered that ten thousand pounds should be vested in the 3 per cents. for the benefit of his wife, and the remainder of his property, whatever it should eventually prove, he devised in shares of 1-Sd each to his two tons and one daughter. The partnership was carried on as usual, in Liquorpond-street, until the 31st of Decem ber, 1817. The plaintiff, one of the sons, was em ployed by the firm ; his brother, William Cooke, was also there : but the latter, having married the ' daughter of one of the surviving copartners, was' kept in the concern ; the plaintiff was not so forto nate as to retain his situation there. When the ar ticles of partnership had expired, the copartners gave notice to the plaintiff that they meant to sell off the business, and they stated, the valuators whom they meant to employ ; but he dissented from their plan; they, however, pursued it ; and when the sale was made, the ho iness was transferred by the copart ners, who became the nominal arrangers of the trans action, to William Cooke already mentioned. Now, he' did not mean to say that the claim of property which the plaintiff had was at any time in jeopardy, quite the reverse being the fact, as all the parties were solvent; but what he complained of was, that the sale was, in point of fact, a transfer of the business to William Cooke, in such a manner as to deprive the plaintiff of the full benefit which he should have de rived from his share as residuary legatee, bad a dif ferent mode of disposal been adopted. In September, 1719, the late firm stated that they had made great exertions to collect in the debts due to the partner ship • they had collected in 1:01.8,000; and there re mained due, £.55,000 good debts, .C3OOO bad, and 1.9500 doubtful. The whole question, however, 'turned upon the right of the parties to sell as they had done, so as to give the benefit of that sale to William Cooke. The VICIrCIIANCELLOR asked whether in the sale anything was set down for good-will ? Mr. HEALD (for the defendants) replied, £ll,OOO. Atter some further conversation between the Coun sel, the Vtca-CHAnICvLLOR obseived. that he must have the articles of partnership out of Court, to ego,, mine how far arrangements for the disposal of good will were made by the original parties. If good. will was not specifically stipulated for in the articles of agreement, the plaintiff could not have a title to it. Mr. lICALD said, that ip this case everything had been done to make the sale realize the utmost for all those concerned. The case stands over until the papers are examined by the rice-Chancellor. COURT OF KING'S BENCH, NOVEMBER 17. The Court, this day, gave judgment in a case of some importance as regards auctioneers. The plaintiff in this case had purchased, at the Auction Mart, one of the annuities granted under the 56th of the late King, by the Waterloo Bridge Com pany.. The defendant was the auctioneer who sold the annuity in question. The pt inted particular only described the property as an annuity granted by the Company, and plaintiff purchased it under a suppo sition that it was an annuity for life. But after having paid his purchase-money, he discovered it was only an annuity for a term of years, or redeemable at the pleasure of the grantors. He then brought his action against the auctioneer , who, at the nisi, con tended, that he was not liable, as he was not bound to give the purchaser information beyond what the particular conveyed, and that it was the duty of the purchaser to have informed himself of what descrip tion the property was which he was about to purchase. The point was reserved for the opinion of the Court, who now decided that the auctioneer was bound to state to the purchaser aU the information which he possessed, whether required to do so or net, if be vias aware that his printed particular was s iz snake to theerfect, otherwise. he would be liable to purchaser any loss which he might sustain in conse quence of such information being withheld.—Judg- VIM for the plaintiff, The Court of Common Pleas sat till half past one, hut to motion of the least public intereat occurred. ~` CONSISTORY COURT, NOVEMBER 17. ADULTERY. PASTURR v. PASTURE. This was a suit of adultery brought by Mr. John Lewis Pasture against Ann, his wife. The libel con tained seventeen articles, together with exhibits, plead the marriage, which took •place on the 17th of arch, 1804. After which the parties lived and ca_ habited together at Stoney Stratford, and other places in Buckinghamshire, as likewise the birth of four children, issue of the marriage. The f acts, as detailed in a part only of the evidence in the cause, which was this day read in Court, were Wetly these :—The husband, Mr. Pasture, it ap poured carried on considerable business as a grocer, at Stoney Stratford, where, being unsuccessful in trade, he unfortunately became a bankrupt, in or about the year 1813. It was pleaded, that up to this period the parties had lived together in terms of the utmost harmony, uninterrupted fidelity, and affec des ; the conduct of the Lady being most exemplary. That in consequence of the husband's miscarriage in business, he, in the year 1813, enlisted as a private, soldier is his Majesty's .56th Regiment of Foot, then stationed in the East Indies; and on the 9th of Ja unary in that year, embarked with other recruits to join the Regiment at Bombay, leaving his wife to reside with her friends, at a place called Austen Booth, upon thirty pounds per annum annuity, which the wife possessed, and which, by the death of an uncle, was increased to fifty pounds, their friends assisting her in bringing up the children.— The sixth article pleaded that, whilst at the above 'place, she became acquainted with a Mr. John Brown, who was observed frequently to indulge in familia rities with her, taking his meals in the same house ; and that au adulterous intercourse took place between them, which continued to be carried on till Brown's death, in 1816. That during this interval she was delivered of a female child, which she acknowledged to be the fruit of an adulterous intercourse with the said Brown. It appeared, by the evidence of a female friend who resided in the house with her, that when this criminal intercourse came to be discovered, Mrs. Pasture shed tears, and appeared deeply affected with remorse; saying. " she could not ever after face her husband, and wished she might never see him again." This Lady seeing her in such great trouble and agi tation, did all she could to quiet her mind, but deter mined no longer to live in the same house with her. IThat in the course of this conversation she observed that she had made every resistance in her power to the importunities of the man, but at length her pas -liions became inflamed to that degree she could no llonger withstand the temptation. The eleventh article pleaded that the husband joined his regiment at Boni lbay in 1813, and remained with it doing , duty as a private till the year 1817, during which interval he had never had access to his wife, but was absent from her beyond seas. That after the death of Brown, the said Mrs. Ann Pasture went to reside at Ascot, where she became acquainted with a person of the name of Keriey, a butcher, with whom she again committed adultery, and it appeared was .ilelivered of another child by this person in the year 1820. The concluding articles pleaded the identity of the parties. Drs. SWAREY and 3ENNER submitted, that as the evidence of the man iage and subsequent eohabita tion—the adultery of the wife and non-access of the husband from 1813 to 1817 was completely proved in all requisites, without the necessity of reading the whole of the evidence and exhibits ; they therefore prayed the Court to pronounce final sentence of divorce. Sir J. Moffat. observed, if the Court had not heard ,sufficient evidence read, it should have acted with that caution as to require the whole to be distinctly read before pronouncing sentence; but there was al ready sufficient proof of the facts of adultery and non access of the husband, lie being out of the kingdom, as proved by one of his brother soldiers, who accom panied him in the same ship to India, as recruits; by another, who remained with him during the years 1813, 14. 15, and 16, the whole of that time up to 1817, when it was proved he returned to Chat ham, and obtained his discharge'from the regiment. It being proved that whilst the said Ann l'astuie lived at Austen Booth she became pregnant of a child by J ihn Brown, of which she was delivered on the 13th October, 1815 ; the husband being absent beyond seas during those years, there was evidence that he could by no possibility be the father of this child. It further appeared, that the husband, being informed of his wife s adultery, on his return to Eng land, did not cohabit with her afterwards. lie did aot institute a suit immediately, because it appeared he had not the means. He merely called on his wife after his return to inquire about his children, and re mained with them but one hour ; therefore, there was no misconduct imputable to the husband, and the case being perfectly clear, the Court was bound to pronounce sentence of separation, on account of the husband's plea of adultery being satisfactorily made out in evidence, in bar of the wife's suit.—Sentence of divorce pronounced accordingly. ACCIDENT IN Sr. PAUL'S CATITEDRALe—Friday an Inquest was held on the body of H. Colley, a painter's labourer, who was killed by falling from a scaffold in St. Paul's Cathedral. George Plower, a painter, residing at the Black Lion and Apple-tree, • St. Alartin's-lane, deposed, that he was employed in ornamenting the dome of the aisle over the north western door of the church ; the deceased was at tending upon him till about half-past eleven o'clock, last Thursday, when he (witness) went below upon another scaffold, but not immediately underneath that on which the deceased stood. Witness had finished the dome, except a little spot at the end, and the scaffold was taken away, except a plank which ran along the sides, and two planks laid across them at the end where the men were at work. The deceased was the only person upon it, and witness told him not to move any thingtill after dinner. In a few minutes after he got on the scaffold below, one of the men there exclaimed, a Your man is gone over." On looking round, he observed that the deceased had fallen to the bottom, a depth of ninety feet. He was taken up in a stite of iusensi bait!, and carried on a plank to the Hospital, where, on his arrival, he was distovered to be quite (150. 1 , The Coroner having in vain endeavoured to procure from the witnesses m attendance an intelligible ac count of the state of the scaffolding from which the deceased fell, saggemed an adjournment, in order that the Jury might personally inspect it. To this the-Jury agreed ; and the inquiet; was adjourned. POLICL Coolie haste gOITZRRIONSrZatUnIaT it Crotch fad, the man who was detected dealing in counter-' fait sovereigns, underwent a final es:animation at the Office Marlborough - street . William Henry Pe ley, stated bad known the, Owner for several years, and met him by accident on the 29d of October last, when he informed him be was dealing in counterfeit sovereigns, and offered to dispose of some to him, .at the rate of 7s. each. Witness declined purchasing any then, alleging he had not sufficient money ; but I if he met him the next evening at the same place, he would purchase them from him. They then parted, , and the witness gave instant information to S. Furse man, a constable of St. Giles's, who promptly con ducted him to Marlborough-street, and he there re ceived money from Plank the officer, and on the next evening he bought one of the bad sovereigns from the prisoner, which be gave to Plank; at vari ous times afterwards he received several sums of marked money, which he paid the prisoner for the sovereigns. The witness then minutely described all his various dealings with the prisoner at different places in the metropolis, and at several public-houses at the west end of the town. The prisoner in all his various dealings with the witness never dropped the most remote hint as to where he got the sovereigns, but once or twice he said to the witness—" 1 am afraid you will betray . me." The last time he had any dealing with the prisoner was on the 12th of No vember, when he paid some marked money to him: on his leaving him he was taken by Jeffreys, the offi cer : the prisoner, by a counter-movement of the officer's, was taken in the Haymarket with the marked money in his pocket. Plank, the officer, proved hiving supplied the witness with money, at various times, to purchase the sovereigns. 'The prisoner de clined saying anything, and was fully committed. Bow.sraxer.—Wiilians Ladles'', the Earl of Glen gall's coachman, was charged with an assault upon a private of the Foot Guards. His master having attended Covent-Garden Theatre the evening before, the defendant remained with his Lordship's carriage drawn up in front of the Royal entrance. The con stable of the Theatre told him that carriages were not permitted to remain there and directed him to move on, which he refused to do, saying that he had his Lordship's orders to remain there, and he would obey them. The constable theh called some of the soldiers to his assistance for the purpose of compelling the defendant to change his position. But he still resisted, and struck one of them with his whip. In consequence of which, the constable had some diffi culty in restraining them from running him through the body with their bayonets. He was at length re moved, and bis whip broken in the scuffle. The de-. fendant was held to bail for his appearance at the Sessions to answer an indictment for the assault. In the evening (the defendant haring retained in cus tody in the meantime) one of Lord Glengall's trades men brought a note from his Lordship, requesting of the Magistrate that his coachman might be dis charged, and that he (Lord Glengall) would take care that he should be forthcoming at the Sessions. Mr. HALLS informed the messenger, that the de fend int having been ordered to find bail, he (Mr. HALLS) could not deviate from such order, even if his Lordship had made the application in person.— He therefore regretted that he could not accede to his Lordship's request. The defendant subsequently found bail, and was discharged. • David Green was charged by W.HoneybaU, a pub lican, in Rose -street, Long Acre, with riotous beha viour. Honeyball stated, that the prisoner was play ing at dominoes with some soldiers, when he drank, the immortal memory of our good Queen Caroline," , a toast which witness thought likely to create a dis-I turbance. He therefore desired him to go out, but he refused; some of the soldiers took the part of the defendant, and OR witness attempting to put him out, he struck him. Mr. HALLS discharged the prisoner, and told the publican he had been rightly served, for suffering any game to be played at his house. TILE CONDEMNED SEasioN:—Yesterilay, the Rev. Mr. COTTON, the Ordinary of Newgate, preached what it called a Condemned Sermon, to seven out of the eight of the unhappy men who are ordered for execution. Corbelia, who is of the Jewish persua sion, did not attend the service, it being inconsistent with his creed; but he was attended in his cell by a Jewish Priest. The chapel was crowded to excess, and the audience appeared greatly affected. Cad man, un to the time of uttering the forged note through extreme distress) for which he is to suffer, had a most excellent character, and is of very re spectable connections. He is also a young man of considerable ability. He produced, at Sadler's Wells Theatre, a translation of the French piece, entitled The Fondly of d'Anglade, and a still more successful piece, called The Father's Curse. He is yet a very young mar„ and it appears that his conduct has al ways been praiseworthy, from an early period up to very near the present time. He has served seven years in the Royal Marines, and received a severe wound in the engagement at New Orleans. He was employed as clerk to the Adjutant, and gained the confidence and esteem of his Officers, as they have testified by certificates which have been forwarded to the Secretary of State. Since his quitting the Army .up to February last, he was in the office of a Solici tor, in Clerkenwell, where he was remarkable for his industry and punctual habits. He quitted this situation in consequence of promises which were made to him of a better, but which were not per formed. Want of employment plunged him into distress, which was heightened by his wife falling dangerously ill. He was without the means of pro curing her the necessaries of life,wben temporary relief was offered bias by passing forged notes, which is edi t fee shop-keeper in Drury-lane furnished him wide. He had committed this offence twice only when he was detected. Committed to prison, he immediately and voluntarily disclosed to the Bank all that he knew of the nefarious traffic : the BanbOlficer Miss received his communication, told him, that although the Bank made no promises, yet be might hope foe, ' the best, as he was in the hands of honourable lien tlemen. His trial approaching, be had no defence to make, as he had placed the means Of convicting him in his prosecutors' hands, and he pleaded gniltt 1 Relying on their mercy.—We have been induced to make this statement public, in the hope that some exertion may be made in his behalf during the short interval which remains. His wife; who was also convicted with hint of the same.offence, visited him yesterdar e and the interview was most affecting. INTELLIGENCE. The Univenity and King's College of Abersieea h ensuing mai monsly re-elected the Earl of Aberdeen, Lord Rector fre yea:. • CAMBRIDGE, NOVEMBER 18. The subject of the Norridan Prize Essay for the preses t ...k The internal Evidence of the Divine Origin or*, c c: dan The Cambridge Philosophical Sockty held their kit for the present Term on Monday evening last, sea m u hf I Rev. Dr. Wood, Muter of St. John's College, In d ni Leti Ely, took the Chair as President. This Meet* e ra , 7.7 inerously attended. His Royal Ilightiese the Dok e e ll e :: was elected one of the Vice- Pat of the Saeleti. Aft e ed ea. kw many other new members, and readying from Various inners, a paper wassread by Mr. uncommon malformation of the ureters and its a ---''rte. The Rev. Hinny Fardell, of St. John's Cuilege. --- 42 of Ely, has been presented, by the Bight, finds Dieree so , Rectory of Tyd St. Gike. in the We of 14, va , 21 , 4 bole death of the Rev. Timothy Matthews. The Rev. Valentine Mils, Rector of Barendistent l ega l was, on the sth instant, presented , by the Lard anneellsr,* the living of Walton, iluckinghamsbire. The Rev. J. Stod dart, M.A. late Fellow of Qare IN on the nd instant, elected Head Master of the Free Gram* School at Bolton, in Lancashire, by the Governors of nu, Foundation. The Marquis of Salisbury has appointed the Rev. CBs. vey Vachen, B.A. of St. Peter's College, to be me dins Lau ship's Domestie Clopiales. OXFORD, NOVEMBER 17. Wednesday, the following Gentlemen were shaft* 31ASIIIRS or ALM The Err. Iles ry Boucher, Wadhsm College. Robert Mown, Merton College. • James Allgood, St. ?dart Hall. The Rev. John Hobson, Magdalen Hall. The Rev. Thomas Gar bet, Jesus College. ZACHNLOIII OP ACTS. Edward Buller, Esq. Oriel College, Grand Caraprasks. George Coates, Esq. University College, Grand Carps* Peter David Foulkes, Exeter College. John Warren Hayes, Wadham College. Humphrey Allen. Worcester College. William Taylor Peter Short, ditto. WlNun Birkitt, St. Edmund Hall. William Astky Browne Cave, Esq. Thasennose Col*, '.161.• Calvert, Oriel College. Robwt . William Bosanquet, 13al iol College. Richard Temple, ditto. 'John Bosky, ditto. The Bishop of Chichester has recently ordained Will lazed the following Gentlemen neacoses. James Justus Tucker, A.B. St. John's College, Combridge, John Scott, A.B. Lincoln College, (Word. John Horton, ditto. MRS?. Alexander Wm. IPNish, A.& Queen's College, Oiled. ECCLESIASTICAL PROMOTIONS. The Rev. John &obeli, has been instituted to the flectold Soethover. The Rev. Thos. Raynes, to th.: Rectory of Waldron, *egg H. Poole, Bart. On the 9th instant ' the Rev. T. Gretton, M.S. d Old Church, Oxford, was elected one of the Vicar Choral stiller ford Cathedral. The Rev. Joseph Bardgett, to the Rectory at Wmly e ;amberland. The Rev. Hugh Morgan, B.D. Protector in Dietary is lis. reford Cathedral Church, has succeeded to the shoe of Can Residentiary. The Rey. Charles Taylor, M.A. Head Master of He* Cathedral School, to the Living of Medley with Tim (annexed. The Rev. Denis Browne, Vicar of Santry, is tie Diocend Dublin, to be Rector and Vicar of the Won ef Latent& The Earl of Clanricarde has appointed 3k. Browne his De mestic Ctaplain. The Rev. Janes Jenkins, of Biaenafen, to &impetus! Ca. racy of Cape' Newydd. Rev. G. R. Gleity, Curate of Badfieneete,has bee sp. pointed to the perpetual Curacy of Ash, vacated by tin tnignr tion of the Rev. C. J. Barton. . Lord Archibald Hamilton, C,onunittioner for the Dukes( Hamilton, has presented the icy. John Black to the Modal Parish of Shotta. • Thursday se'nnight, the Presbytery of Paisley met is & Gaelic Chapel at Greenock, when the Rev. Avis Wm A.M. was ordained Minister of that Chapel. Tuesday aennight, the Rev. - Dr. William Meek was masted from the Pastoral Charge of the Parish of Torphichen to titif the Parish of Hamilton, vacant by the decease of the hah. Alexander Hutcheson. BIRTHS. Lately, at Crockaden, Tamerton, the Lady of Liam Brown, of a daughter. Nov. 7, the Lady of the Rev. John Fisk of a daughter. MARRIED. - - - Thursday, at the New Church , St. Mary-b-Biane, the Rs. George Ernest Bowman, of ShipLke, Oxfordshire, to Jane Sink Wightwick, eldest daughter of the late John Wightwickiiists ley, Esq. of Offcburch Bury, in the County of Warwick. The Rev. George Biggs, Rector of Upton Warren, Woes tershire, and Vicar of Baks-owen, Salop, to Mary *MA eldest laughter of John Bree, M.D. of Stratford-upoo-hol and of Beansale, Warwickshire. The Rev. Richard Martin, to Emily, fourth daughter of Jake Kirwan, Esq. of Leeson -street, Dublin. The Rev. It Wigleswcirth, of Townhead, Rector of burn, to Mary, eldest daughter of the late T. Brown, Fski Grassington, Yorkshire. The Rev. F. B. Grant, Curate of Southwold, to Ball" daughter of the late Rev. George Drummond. The Rev. Edward Ilenby Acton, of ShMingstone ilea shire, to Lenin, eldest daughter pf Edward Polhill; Fa} d York.place, Portman-square. The Rev. E. G. Beckwith, of TilUngham, Estes, to ago Jane, el only daughter of Joseph Banbury, Esq. of Layton," _ . NOT. 7, at Manchester the Rev. Thomas Ainsworth, J of Trinity College, Cambr idge, to Eliza, youngest daughter the late Michael Bentley, F.sq one of his Majesty's Jusdcesi be Peace for the county of Lancaster. t At &ranbtlar Church, the Rev. John Sweeney, Ikea Clenhh, coonty of Fermanagh, to Miss Charlotte Liltingo ll4 daughter of the late Sir T. Lighton, Bart. of Mcrae, coal of Dublin. DIED. • The Rev. Thomas Wells, Vicar of Prestbury aid IMP worth, and perpetual Curate of Shurdington, Glounitentat In Compel, the Rev. Richard Carey, Master of the Ss School of that town, and Rector of the Paid' of Ratko"' the Diocese of Waterford. Oct. 31, at Reading, almost suddenly, the Bev. Monks nold, fornunly of Walwth, in his al st year. Nov. 9, at Brighton, or after a Ungeriag Mom of melts Yowl. Eliza, the wife of the Rev. N. Bind, Bator at DP winford. Sunday oe'nisight, the Rev. hobs& Brookes, years. Mk Gentleman had • 'performed the Marlow def,! Alternate Chaplain of the Collegiale Omsk 2dambeinri 31 yeas. Sept. 47, at a deans, on his 'palmy from the Wind d to Rogland, laientemaat Jones Femme, B.N. In his 27th Th r u a i t o Wm**, asddenly, bMe 54th year, Jobe JO of F Ea+ RBA. Wicker. Bed ,at his met, Foge.lieuee, pear Dartmomb. dy minnight, Charles Bayne Beg. oged the North Devon Militia, Lid the halm of that torl all .. Labs& 0 France 2 I Hamburglt 1 0 Gestenbargh oi s Flanders Leeward Islands 0 - Ada 0 0 . _ A Jansaloa. 11IGR.WATIR at LONDONTIEIDGE TO-1 011110° Morning ' • .61 whams ins 10. Marione *. 7 ............r . J i l l . L0141)014 : Printed and pabllstsrd-by Lim Karr, PO . Place, Tamp's-Bar. Winn AM mom I 0 Wooderd 1 0 geswari and 'wry 0 o Maiwnd o o 0 0 N 1k