Star. — London, England, 1821-06-20 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, JUNE 19. GORDON V. GORDON. Mr. HEALD stated, that the plaintiff, Mr. Harry Gordon, was perfectly satisfied with the minutes in this cause, as delivered out by his Lordship. The only point, then, chat now remained to be settled, was the costs. Mr. Gordon, the defendant, said, there was a great deal more to be done, as his Lordship had been im posed on; and he was convinced he had never read the evidence before he had delivered the minutes. He was sorry to be obliged to say so much. The LORD CHANCELLOR—"You ought to be sorry; for I am not to act according to your notions of the practice of the Court, but trom my own judicial knowledge. There never has been more ignorance displayed of the rules of the Court than in this case. • I will in a few days deliver out my minutes, as they respect the costs."--Further consideration postponed. IN THE MATTER OF JOHN WRIGHT, A BANKRUPT. Mr. Bi. KERSTETH applied to the Court to order Mr. John Wright to be discharged from the custody of the Sheriff, he having been captured while under the protection of the Commissioners of Bankrupts. Mr. WAKEFIELD denied the allegations of the Pe titioner, that he had been , taken into custody after shewing the protection of the Commissioners, but ad mimed that he had said he had a " stinger" for the officers in his pocket. The LORD CHANCELLOR ordered him to be dis charged by the Sheriff, observing, that he would give him the benefit of his " stinger," but without costs. ROWE V. ALDERMAN WOOD. Mr. SIDEBOTTOM said that the plaintiff had issued an attachment, for want of an answer; and he had to beg his Lordship would order that it should not be enforced until he should have an opportunity of being heard against it. On the part of the plaintiff, it was answered, that it was not their intention to proceed until the de fendant's motion had been disposed of. APPEALS. An application was made by Mr. HART to have a cause put in the paper for immediate rehearing, the party chiefly interested being upwards of 86 years of age, and the cause having been/Kir/4 decided during the Chancellorship of the late Lord Thurlow! The LORD CHANCELLOR—It is my determination. during the remainder of the Sitting, not to hear any thing but A: peals, as, since the 29th of October last, I have been. engaged entirely on Motions. I mean to except those on the regular Motion-days, relating to Appeals, and similar causes; but I cannot any longer hear the reproaches that are made in Appeal Causes, and suffer them to be superseded by new Motions. I will speak to the Master of the Rolls and the Vice-Chancellor to hear them, and I will then confine myself entirely to Appeals. COURT OF KING'S BENCH, JUNE 18. WITHERNEY AND OTHERS, V. TRIMNIER AND OTHERS. This was an action for breach of contract. The defendants, Messrs. Trimmer and Sharpe, of London, employed the plaintiffs, who are merchants at Ali kant, to purchase a' cargo of dried fruits for their account. The conduct of the fruit trade in Spain has one peculiarity : it is usual to contract with the grower, beforehand, for his crop ; but the price is not fixed until after the gathering, when it is regulated by the scarcity or abundance of the harvest. It was early in the year 1819 that the correspondence com menced between the plaintiffs and defendants. At that time the grapes were young, but the season pro mised a plentiful crop; and Messrs. Trimmer and Sharpe requested Messrs. Witherney and Co. to pur chase a given quantity of baskets, intimating that they should charter a vessel forthwith, and strongly recommending such early shipment as should place their goods first in the London market. Owing to some unexpected delay, the John and Elizabeth (the ship chartered by the plaintiffs) did not arrive at Alicant until the sth of September: at that time there had been a long course of wet weather ; and Messrs. Witherney and Co. knew that prices would be high. On the 12th of September they wrote the defendants to that effect. The John and Elizabeth completed her loading, and sailed from Alicant on the 24th of September; she put into Gibraltar, how ever, where she was placed tinder quarantine, and did not arrive in England until the end of December. —At that time the fruit had suffered considerable damage from long keeping and stress of weather; and the defendants refused either to accept the cargo, or the bills (for account of it) drawn upon them by the plaintiffs: it was agreed, therefore, on all hand, to sell the property, without prejudice; and for a loss of £9OO sustained upon such sale, Messrs.Wither ney and Co. now brought their action. The SOLICITOR-GENERAL, on the part of the de fendants, stated that the whole speculation had ori ginated in the advice of the plaintiffs, and that the instructions sent by Messrs. Trimmer and Sharpe were precise as to the quality and market price of the commodity. The letter of the 12th September bad not been answered, certainly not; the defendants knew that, under the circumstances stated in that letter, the terms of their order could not possibly be complied with ; and they relied, therefore, as of course, that no shipment would be attempted.— Besides, reply would have been useless ; because, from the length of post between ,Alicant and England, the course of the plaintiffs, whatever that might be, would be taken long before any letter could reach them. Messrs. Witherney and Co. were bound, as the agents of Messrs. Trimmer and Sharpe, to exer cise a sound discretion on their behalf; and it would have been obviously better to have sent back the John and Elizabeth, eren in ballast, than to have loaded her with goods upon which loss was more than probable, and upon which (according to the plaintiffs' own con fession) no profit could be expected. ,Witnesses were called on both sides. On the one band it was attempted to shew that the cargo had been put on board in bad condition; on the other hand it was maintained that the damage had arisen from the leaky state of the vessel. Depositions were put in as to the good quality of the fruit from the persons who had assisted in shipping it; and the Captain of the John and Elizabeth admitted that his vessel made great water between Alicant and Gibral much, indeed, that the pumps were kept con going. Upon the nature and value of the cargo, as seen upon its arrival in England, the wit nesses differed in opinion. Mr. Clark, a fruit broker, who sold the whole after it had been rejected by the defendants, said that it was not a cargo of best quality ; but, allowing for length of keepilig and for sea damage, it was a good ave rage cargo for the season. Mr. Fleet, a fruit dealer, examined part of the John and Elizabeth's cargo, and thought that, independent of incidental damage, it could never have been of even average good quality. Mr. Woods, a wholesale grocer, said that he had seen better cargoes of the same season. Mr. SCARLRTT, in reply, contended that the in structions of Messrs. Trimmer and Sharpe were to be taken as referable to circumstances. The words " Send fruit of the best quality , and at low pr i c e, " must be understood to mean, " Send fruit of the best quality that the season affords,'and at as low a price as you can possibly obtain it." Upon that interpre tation of the defendants' order (and surely such was the only reasonable interpretation which could be put upon it) the plaintiffs had proceeded. The LORD Cures JUSTICE left two questions to the Jury. First, did the instructions of the defendants, speaking of the best quality and low price, apply to best quality and low price abstractedly, or to best quality and low price of the particular season? Second, did the plaintiffs, or did they not, ship a good cargo, allowing for the particular season ? The Jury, after a moment's deliberation, found a verdict for the plaintiffs—Damages £9OO. - tar ; so sdptly HUNTER V. HUNTER. This was an action upon a bond for £2OOO. Mr. SCARLETT stated the case. The parties, it appears, are uncle and nephew ; they are both apo thecaries, and both, at present, residents in Tower street. The plaintiff; Mr. John Hunter, is the uncle of the defendant ; the defendant, from his childhood, was educated by his uncle, and in due time taken as an apprentice. Mr. T. Hunter's indenture expired in the year 1810, and at that time a compact to the fol lowing effect was made between his master and him self—that Mr. T. Hunter should serve Mr. John Hunter, as an assistant, for the term of seven years, at a rising salary, from £.lO a.year to £100; and that at the expiration of that period he should have a claim to a shale in the business. In case, however, that no partnership took place, Mr. Thomas Hunter was precluded, on pain of forfeiting £2OOO, from setting up as a practitioner in physic within two miles of his uncle's residence. The object of Mr. John Hunter was to retain his business in his own power, with a view to share it eventually between his son and the defendant : and Mr. Thomas Hunter, upon the conditions stated, executed the bond upon which the present action was brought. In the year 1817, the defendant's seven years of service were at an end. A partnership was proposed between the uncle, the son, and the nephew ; but Mr. T. Hunter de clined any participation unless he was allowed one half of, the profits ; the remaining half the other partners were to divide between them. To those terms Mr. John Hunter refused to accede ; and the defendant, who had obtained great influence among his uncle's connexion, continued for some time to act as an as sistant: on a sudden, without assigning any cause, he withdiew himself from the plaintiff's house; :led shortly after set up, a few doors off, in opposition. The LORD CHIEF JUSTICE, in the commencement of the case, strongly recommended arrangement. The SOLICITOR-GENERAL and Mr. SCARLET? con ferred, but no terms could be agreed upon. The real struggle was, whether the defendant should or should not remove. Mr. SC A 111.ETT was willing, if Mr. T. Hunter would evacuate, to refer the question of by-gone damages. The LORD Cotes JUSTICE observed, that every fresh breach of the contract would afFord ground for future action. After several witnesses had been examined, it was resolved that a verdict should be taken for the da mages in the declaration, subject to a reference, which might give the parties an opportunity to compromise. JUNE 19. MANSFIELD AND ANOTHER 'V. NATHAN. This was an action on a policy of insurance, effected on the ship Ap,enoria, from London to Quebec, and thence to Bridgewater. The case was in substance this :—The plaintiffs chartered the vessel from London to Quebec, for tim ber, and home. There was a clause in' the charter party, that they should furnish money for the use of the ship on her voyage, and accordingly the Captain received at Quebec £2OO, for which a bill was drawn upon the plaintiffs by their correspondents in that city. The plaintiffs then effected a policy on their in tcrest in that advance of money, in the event of a loss. The ship was in fact lost on her homeward voyage, and this action was brought to recover upon the policy the amount which the plaintiffs had paid on laccount of the ship. The SOLICITOR-GENERAL, for the plaintiffs, con tended, that although, if a ship was lost on her voy age, the owners could claim no freight against the charterer, yet where the latter had made an advance on account of freight (as this must be taken to be), that freight so advanced could not be recovered back, and consequently the only remedy which the plaintiffs had was upon the policy. Mr. SCAELETT, for the defendant, contended, that the plaintiffs had no interest which they could insure in this manner. The CHIEF JUSTICE said there was no doubt that freight advanced could not be recovered again after the ship was lost, but he thought there was a wide difference between money advanced on account of freight, and money advanced (as in this case by the plaintiffs) for the use of the Vessel on the voyage. Under such circumstances his Lordship directed a nonsuit, but gave the plaintiffs leave to move the Court.—Nonsuited. COURT OF COMMON PLEAS, JUNE te. CHAMBERLAYNE V. YATES. The plaintiff is a schoolmaster at Islington ; he brought his action against the defendant, a victualler, in the same neighbourhood, for having uttered VAOrds calculated to injure bim in his profession. Verdict for the plaintiff—Damages One Farthing. Mr. TuRNIR, the Bank Clerk, who some time since was apprehended upon suspicion of forging to a large amount, with intent to defraud the Bank of England, was on Monday night removed on a litter from St. Bartholomew's Hospital to Newgate. OLD BAILEY, JUNE 19. Sentence of Death was passed upon the following prisoners, twenty in number : Robert Hitchnulf, Thomas Cisme, Christopher Thorne, Eliza beth Webster, for forgery; Henry Williams, Robert Holding, Charles Wade, Henry James, and Cornelius Knight, for bur glary; William Clapperton, Mary Ann Bell, and Sarah Gillum, Tot' stealing in a dwelling-house • Joseph Lilley, George Taylo r, ' and John Ryan, for house - bre aking; Richaid Luck, and John Quittenden, for hone-steallng ; John Jackson, for rape ; John Blakeny, for highway robbery; and William ; Wilson, for re aming from transportation. The following, who pleaded Guilty to the minor offence of having forged Bank-notes in their posses sion,were sentenced to transportation for 14 years: John Salton, John Smith, Jane Carter, John Dart, Charles Field, George Kemp, Edward Smith, George Price, George ' Baker, Thomas Stevens Joseph Smith, Eliza Smith, Richard Lynch, Sarah Reading, Sarah Stewart, Sarah Appleton, Frances Grey, Eliza Pascoe, Catherine Taylor, Elizabeth Eaton, and Sarah Johnson. Fourteen were transported for life, viz. John Brooks, Thomas Jones, James Casey, Boniarnhi Furber, John Baker, John Jacobs, 'obi Jackson, John Johnston, Tho mas Burgoyne, Charles Sidle, Mary Smith, Robert Fowler, Thomas Williams, and Charles Lloyd. • • Thirty-seven were transported for seven years, viz- James Clements, Mary Ann Newland, Elizabeth Clarke, Hannah Noon, Isabella Smith, William Creed, Falward Grif fiths, Wm. Hanby, Edward Coombs, Harriet Holland, Joseph Eastman, Robert Watkins Pike, James Moore, Thomas Sutton, John Page, Susannah Jenkins, Charles Hall, John Morgan , Jo seph Perkins, William Nash, Joseph Wignell, F.dward Buck land, Charles Godding, Henry Penfold, William Martin, Wil liam Dimond, Mary Pimlett, James Nolan, Mary Smith, Sarah Austin, Mary-Davis, Elizabeth Brown, Wm. Gould, Elizabeth liatswell, John Pawky, James Tierney. and Ann Smith. Seven were ordered to be imprisoned in Giltspur street House of Correction, and thirty-one in the House of Correction Cold Bath-fields, for various periods, several of whom were to be publicly and privately whipped ; eleven were privately whipped and discharged ; four judgments were respited ; three fined Is. and discharged ; and 56 were discharged by proclamation. _ _ The RECORDER, in his preliminary address to the unhappy criminals, observed, that some of the pri soners were peculiarly the objects of commiseration, from their having been deprived of the protection of their parents at an early age, and turned loose into the streets of the metropolis, where, he lamented to say, they could not pass along without meeting, at almost every corner, some indecent print, or some blasphemous and seditious publication. Sessions adjourned till the 18th of July next. Bow-mem—Female Pickpodet.—Yesterday a woman named Foster. aged 6.1, was put to the bar, charged by Robert Duke, who stated, that on the preceding evening he was in Brydges street, and observed the prisoner put her hand into several Gentlemen's pockets, but did not see her take anything out. Witness, being struck with the appearance of the woman, watched her, and after trying various other persons' pockets without effect, she at last succeeded in picking the pocket of a Gentleman in a crowd opposite Drury-Lane Theatre. Witness then informed an Officer of it, and he apprehended her in Bow street, with a quantity of silk handkerchiefs in a bundle. liking asked where she had got the sang? she said, a man had given it to her in Bedford-court. She was fully committed for trial. The prisoner was immediately identified as being a common pickpocket. Yesterday morning, about eleven o'clock, the in habitants of George-yard, Whitechapel, were thrown into considerable alarm at hearing terrific screams and loud cries of Murder!" proceeding from a house in that neighbourhood. A crowd of persons immediately assembled in front of the house, when :in ill-looking fellow, brandishing a large rivetting hammer, made his appearance at the third floor win dow, who lifted up the sash, and made a desperate charge at the populace, letting fly at them various articles of crockery-ware and other missiles, which soon caused them to disperse. The near approach of the Police being announced, the man retreated from the window, when instantly a bursting noise was heard inside, and the cries again became loud. A most frightful scene soon presented itself. The wretch again returned to the window, out of which he, after a hard struggle, succeeded in thrusting a female, the features of whose face seemed disfigured from wounds and blood : she clung fast to the window frame, but the villain striking her several times with the ham mer on the hands, she was obliged at length to let go her hold, and was precipitated on the pavement. Foster, one of the Lambeth-street officers, accompa nied by Gibbs, Fitch, and Miles, belonging to the Bow-street Patrol, came up, entered the house, and, after a good deal of resistance, succeeded in securing two men in the room where the outrage was com mitted. A coach was procured, into which the un fortunate female was put, and conveyed to the Lon don Hospital, almost in a dying state, having both her thighs and arms broken, and with other severe bodily injuries. The prisoners were taken to Lam beth-street Police-office, before m --ATTIIEW WYATT, Esq. where they represented themselves as braziers, and their names to be Luke Smith and James O'Brien. The latter proves to be the husband of the woman, and is described to be the person who had thrown her out of the window ; the other is supposed to be his assistant in committing this dreadful act. They were remanded for examination on a future day. Their unhappy victim, who is far gone with child, is con sidered in a very precarious state. An affray of the most serious kind took place on Monday se'nnight, at the Fair of Tubberbracken, near Loughrea, county of Tipperary. Two men were killed, together with a horse, a cow, and an ass, and a man and woman were wounded. Saturday, just as the Royal Mail Coach arrived at Sunderland-bridge, about three miles from Durham, on the London-road, the horses took too wide a sweep in turning to go over the bridge, and the wheels grazed along the side of the wall, but fortunately the coach escaped without being overturned, and with out sustaining any damage; but the occurrence has, we regret to add, proved of the most tragical descrip tion : two Gentlemen, who were upon the roof of the coach, were, in consequence of the violence with which the wheels came in contact with the side of the bridge, thrown from their seats over the wall, upon the bed of the river, which in that part was dry, a depth of many feet. They were both killed. HIGH WAOES.—The last Congress sat 240 hours, and each Member received three dollars fifty cents an hour—handsome wages this for the valuable ser vices of some of the Members. Economy.—ln the Miscellaneous Estimates of the present year, there is actually a charge of £15,000 for a brilliant diamond plume, a present to the Per sian Ambassador: RIOT IN THE ALMONRY. Monday evening, the neighbourhood of Tod 4 street and the Almonry presented a scene of the greatest uproar and confusion. by the sadden app ea , anoe of a strong party of soldiers, who having d raek freely throughout the day in honour of the « mese. rable battle of Waterloo," before they separated h a d quarrelled with their comrades, and a general 00. flict ensued, which became so very alarming that shopkeepers were compelled to close their Loa n Information being given at Queen•square of th e dips turbance, a posse of Officers shortly arrived en t h e spot, under the direction of Gilmore; but their a ltc pearauce seemed to increase the tumult, for o n s , deavauring to disperse them, they were i nstantly turned upon by the assailants, several of who m h a l provided themselves with weapons to act on the d e , fensive, if attacked, when a regular bank con, menced, which lasted some considerable time; t wi ne this period, a number of individuals on both sid e ', were levelled to the ground, and while down, beats in a most unmerciful manner. About half-past eight o'clock, a party of the Fi rst Regiment of Guards, that were on duty, came toth e assistance of the Police, in order to disperse therunk which had then assembled in considerable numbe rs . and in a few minutes Mr. Rantsronn, the ?flag. trate, of Queen-square, was observed, at the haute of his life, rushing through the crowd to assist th e Officers to preserve the peace, and found it requi f i te to read the Riot Act, which he did with a loinlveh e in the Almonry, and requested the mob quietly disperse. The Police Officers, with the assist:meal the soldiery, were then ordered to clear the streetsof all riotous persons, and station themselves at them. nues leading to the Almomy, to prevent there from collecting again, which had the desired effect, and at twelve o'clock the peace of the neillbou:- hood was restored. Cooper and Gilmore, the Officers, were dreadfully maltreated. When Cooper entered the mob, he teas knocked down and trampled on ; and while he trK down he received a dreadful wound upon his shoul der. Several lookers-on were shamefully injured._ J. Aladdison, Wm. Cogan, Ann Smith, and another woman, were taken, dreacifidly mangled, to the West. minster Infirmary. Twelve of the party were ap.• prehended, and placed in the watch-house, whilst others wet e taken to the Horse Guards. FARTHER PA KTICIILA IRMARE.— Yesterday Jesse Mint It, Joseph Bradrhate, James Jones, Somme( iratelield, Jnies ' Lee, Richard lioneottom, William Hardy, Thomas Pope,' Mn Irp Marne, William Pullen, Samuel Pearce, and John Ilrenndt, wid others, were brought up to this Office, charged with bring cur. cerned in the above outrage. The (Mfice, during the whole the day, was surrounded by thousands of persons, to'view de prisoners, who were brought up at about one o'clock, eseteni by a strong body of Police Officers. Colonel Woonwam, Cap• tain DRUPAYOND, and Captain Brers.xr, to whose regiments dr various soldiers in custody belonged, attended, for the purpose of bearing the evidence. Several witnesses were examined, ohs confirmed the above statement. Bradshaw, Waterfield, &es. nell, Pullen, Pearce, ar.d Lapthome, were discharged; but A the others, except Minton, were ordered to find bail of re. sponsibility. 111inton, who received a good character from his Officers, &c. was suffered to depart, on a promise made to a. tend when called upon. During the whole of yesterday, a report prevailed that three persons had been killed the preceding evening at the above affray by the refractory soldiers. Every inquiry, however, has been made to ascertain that fact, but it proves to be erroneous. In the course of the evening several. persons were brought into the Westminster Infirmary wounded; but only two re mained, one of whom, a Mr. Poodle, presented a shocking spectacle, his skull being dreadfully frac. cured, and no hopes are entertained of his recovery: the other man has received several severe bruises, but is likely to do well. BIRTH. At Crossmount, June 7th, the Lady of Captain Stewart, di ion and heir. MARRIED. At Edinburgh, on the 11th inst. Dr. William Cumin, Physi cian, Glasgow, to Ann Johnston, youngest daughter of the 2e• ceased William Ker, Esq. of Kerheld. June 16, Arthur Maluny, Esq. of Woodstock, thfordthirri to Harriet, widow of the late Captain George Browne. DIED. June 5, at Inglis Maldie, the Hon. Alexander Keith. June 7, at Covtreend, near Bridgend, Glamorganshire, aged 102, Mr. David Phelps. Feb. 24, at Rio de Janeiro, Captain William Pearson, of tle ship Cheerful, of Kirkaldy. April 16, at Havannak, Gilbert, the second son of Alexander More, Esq. Collector of the Customs at Aberdeen, in the lib year of his age. June t 1, at Edinburgh, Major Martell', late of the 72d Felt. May 20, Charles Denis, Esq. his Majesty's Consul at Grit& Vecchia, much regretted. June 14, at the house of his mother, in Upper York-street, Montague-square, Lieutenant Henry Hawkins, R.N. April 6, at Fellowship-hall, in St. David's, Jamaica, Margaret Darby, a free black woman, at the advanced age of 130 yrnnt She retained all her faculties to the last nekment. June 14, at Tichborne House, Hampshire, in his 65th year, Sir Henry Tichborne, Bart. June 8, at Hawk's, Mrs. Ann Hardie, relict of the late Re. Wm. Moncrieff, Minister of Annan, aged 84 years. June 2, at Stirling, Margaret, second daughter of the late Ur. Alex. Jaffrey, writer, Edinburgh. Last week, three children of a labouring man of the same Lale, residing at Apse Heath, Isle of Wight. On remain from the burial of the first, another was found dead ; and ea rt• turning from latfffuneral, the third had breathed his last. Thell deaths were occasioned by the disorder called the croup. We lately mentioned the death, on the 11th ult. at Parr mount, near Belfas t ,of the Hon. Patricia Heron Gordon , wig, of the Hon. W. auk, M.P. for the County of Forfart lo l daughter of Mrs. Margaret Gordon, of Dumfries. Distills for every Christian virtue, her loss will long be severely Obi ben children, and deeply lamented by her relatives, and at knew her. Her beneficence was founded on sincere piety, ,, ; extended, not merely to the temporal wants, but to the souls of the poor, which she constantly endeavoured to pr eit s l t books and conversation. To every benevolent and relo.„ ciety, both in Edinburgh her latter, and at Brechin Cask a° former residence, she was a constant contrib utor , whether llo object was the relief of ignorance and wretchedness at hornet!' of idolatry and superstition abroad. As she lived to Goy, et: voted to his sertlice and aiming at the promotion of his gllB/t w she died, full of faith and hope, relying not on her own assess but on the consolatory promises of the in his 22d year, M AILS THIS DAlre..-ARIlt. VOL Aas• DII" 0 I Dublin 1 0 Lisbon 0 0 Waterford I 1 France 0 Guernsey and Jersey 0 0 Hamburgb 10 ° Holland 0 0 Gottenburgh Flanders 00 Leeward yar i lslandsL: Malta u o New HIGH- WATKit st LONDON 17: it! g TO- Me )1i IL" bl * Mcrning - 49 minutes after 5 Aftarnoon - - 3 6 LONDON . Prinied and published by Lau Kul, Place, Teutplt-ILtr. NI to fla Fes For pun 1101 Si se. thd tic