Star. — London, England, 1821-08-07 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, AUGUST 6. THE HON. NEWTON PELLOWES V. THE EARL OF PORTS. MOUTH AND OTHERS. ' • .The LORD CHANCELLOR this morning called on Mr. Hart to mention this case, which our Readers will recollect was stated in the STAR of Wednes- day last. • Mr. HART intimated that he had not - at present any further general considerations or arguments to submit to the Court, but he understood that a letter had been written by Mr. Justice Best, and addressed to the plaintiff, in which that Learned Judge ex pressed an opinion that the appointment of a general receiver had become necessary, in order to save the trust estates from ruin. Mr. TRESLOVE remarked, that Mr. Justice Best did not consider himself to be acting as a trustee: his appointment had taken place subsequently to the original execution of the deed, by which Lord Ports mouth, on his first marriage with. Miss Norton, the daughter of Lord Grantley, had made over his paternal estates to the whole and sole controul and management of fOur trustees. The LORD CHANCELLOR observed, that the first material question in - the case appeared to be, whe ther the trust-deed on Lord Portsmouth's marriage was still legally valid, or whether it expired at the death of the first Lady Portsmouth ? They were all acquainted with the peculiar circumstances in the Noble Lord's situation ; but no considerations relative to a commission of lunacy would induce the Court to set aside a deed by which a party had knowingly and voluntarily thought proper to fetter himself.— He wished to see Lord Portsmouth's bill in the course 6f that day, and, after reading it, he might be ena bled to draw up some special order which should have the effect of compelling the trustees to adopt a different course of proceeding. Whatever had been the conduct of Mr. Hanson, the Court would cer tainly not allow the present system of management to continue. It was probable, indeed, that the case might be again mentioned to-morrow. BERKSHIRE ASSIZES. THURSDAY.—Nothing of more than ordinary inte rest occurred, except that, after the conviction of Wirdhaut, for stealing six pigs, the witness, a very respectable-looking man, who had purchased them from the prisoner the morning after they were stolen, as he was driving them along the road, re quested that he might be allowed his expenses, and that the money which he had paid for them, about £4, should be returned to him. Mr. Baron GARROW—I certainly shall not allow a single farthing, Sir; for your conduct was extremely reprehensible in purchasing the pigs from a man whom pm must have suspected could not have come honestly by them. If, instead of bargaining for the property, you had detained the prisoner till inquiry could have been made into the transaction, you would have -done no more -than'your duty-you would have ac:ed die part of.a good neighbour and a good mem ber of society. But where persons like you are so ready to huy from strangen, and out of the ordinary course of lini,iness,• they afford facilities to thieves and bad characters for the consummation of their criminal designs, which might never have been com menced but for the prospect of turning their wicked-. ness.to account, as this man did, by your culpable, perhaps I might say dishonest, dealing with him ,. • As to the money which you paid for the pigs, and was taken from the prisoney, I shall only say that the constable, I have no doubt,. will do what is right ou the subjeCt, FatnAy.-His Lordship commenced business this morning at eight o'clock, and about eleven the nt trial of Ilameak hoax!! and Grorge Gyles, rr rta setting flue to the premises of the former, came on. The indictment consisied of twenty counts, charging the offence in different ways upon the pri soners, as contrary to the statutes of Geo. I. and Geo. ILL made expressly for the protection of property against the crime of arson. The act was also charged as an offence at common law. Mr. JERVIS detailed the particulars of the case, cautioning the Jury against receiving their impres sions of the guilt of the prisoners from hi; address to them. The indictment which they had heard was of considerable length, and might have a little em barrassed them, if they had attempted to-keep the whole of it in their memory; but he wished them to confine their attenzion to the circumstance of Gyles having set fire to the premises, and Howell having instigated aud procured him to do so; their object being, as charged upon them, to injure and defraud G. Dawson, Esq. the landlord, and the Phoenix Fire Office, or one or other of them. It was necessary for him to state to the Jury, that the farm was let under lease, for a term of years, to the husband of the prisoner Howell, which term expired at Michael mas last. The lessee, Howell's husband, died some time ago; but before his death he had given notice to quit the farm at the expii ation of his term. It was necessary that he should state this to the Jury, in order to slim that the possession had, in fact, re verted to Major Davison, the landlord, against whom it was alleged this mischief was intended. Accord ingly another tenant was provided, a Mr. Sadler; but there was a stipulation in the lease, that Howell should hold the tenements alter the lease was up, to consume the remaining materials on the farm. The in-coming tenant, Sadler, took possession of an out house, in which he put his carts and waggons, and that was one of the places burnt; he also occupied part of the stable; and on the day preceding the fire, Mrs. Howell had a sale of her stock, preparatory to her giving up the entire possession to her succes sor.' The Phoenix Insurance Company was also made a party in this prosecution, because she had insured her stock with that Office for -:1,000; and, as they undertook to make good, her loss by fire, the destruc tion of her property, by her own will, was a fraud upon the Company. lie then proceeded to relate the, evidence, which we have given from the mouths of the witnesses themselves ; and said he would also put in the voluntary confession of the prisoner Gyles him self, at the proper time, if permitted by his Lordship. The first witness called was 'Vary Butcher, who stated, in answer to the questions of Counsel, as fol lows :—I am the wife of William Butcher, and live at Arborfield. My husband was carter to Mrs. Howell, and (ivies was also in her service. The fire took place ou .1 koutiay evening : 1 du not liehow the day of the month. About three weeks before it hafpened, G yles, came to our house, and said, " I have something to tell you, if you will not tell." I told him I would not, except its on the savance of death. Ile then said,'•" Mrs. Howell has offered me £lO to set the place on fire ; and it is to be done at Midnight, the night after the sale." I said, " George, for Gon's sake don't do any such thing;" and he said, " Let someone else find of it, and not for us to find of it." He then said, No Mary, I shall do no such thing." I told him; well, to let Mr. Foster know; and he said he would, if he knew where he lived. I afterwards observed, it was well enough to get the money, but not to do the thing. He came again a night or two after, and said, " Mary, our old woman is on again like h—l about the fire ;" I said, " Don't do any such thing; what a sin it would be to burn the cOrn!" and he said, " I don't intend." On the Saturday before the fire he called again for a clean shirt ; said he going away, but should be that way again in three weeks, and he Would call on me. Crass examined by Mr. TAU NTON.—I was tenant to Mrs. Howell when 'she had the farm. My husband was carter to Mr. Sadler at the time of the fife. He had been carter to Mrs. Howell, but she turned him off about six or seven weeks before Mr. Sadler took him. Mr. Dawson lives in London, I believe, and Mr. Foster, his agent, in Yorkshire. I saw Mr. Fos ter about the farm on the Friday before the fire ; he had_ then been a day or two in the country. I said nothing to him on the business. By Mr. RIGBY.—I have lived there many years. I do not know whether Gyles is weak in his intellects. He is no scholar, and ignorant. He is a joking chap. William Burred.—l know Gyles. I remember the fire, on the Saturday, before I went in to breakfast. I was a labourer in her service. Gyles said to me, "I am going to have a row." Mrs. ,Howell then came up and said, " I am credibly informed that he kGyles) has been stealing the fowls, and conveying them up to the poor-houses." He replied, " Who ever tells you, it is a d—nation lie." After that she gave him some money, and he went away, about an hour from the time of first going in. Cross-examined by Mr. TELFORD.-.-I suppo . e the money she gave him was his wages, and she turned him away. By Mt. Iticny. - --Gyles was hard-working and in dustrious ; I never knew him guilty of any dishonesty. William Butcher.—l was carter to Mrs. Howell before the fire, but then I attended to Mr. Sadler's horses ; they were on the premises. The barn was in her poSsession. Mr. Sadler had some cans and a waggon in the hovel. I was in the stable at eleven o'clock the night of the tire, when all was quite safe. My house is a short distance from the premises. After I had been in bed some time, my wife gave the alarm of fire; I got up ; the night was dark but for the fire; I went to the stable to take the horses away ; the barn Was burning ; a shed joins to the barn and then, the stable : the e were btu in, and a hovel was burnt down, but I did not perceive that : it was on fire when I first got up. We got Mr. S.:dices waggon and carts out sate. A barley-rick was also burnt, and the, stables a little at one end. • George White (admitted King's evidence).—l lived servant with Mrs. Howell from Michaelmas till this job happened. On the 14th of February she said to me, " 'White, I want you to set the place on fire ; I - paid £6O for the straw when I first came here, and now they won't give me a farthing for it. I'll do' .Major Dawson and Mr. Foster as much injury as is in my power ; I'il burn the place down for them, and if you will dolt I will give you £10." I answered, that Would have nothing to do with it. This was in the passage near the parlour. I then went CO the •wash-bone, where found Gyles, and he said— “ What has Mrs. Howell been bidding you £lO for?" I told - him, and he said he wished she would give - him £lO to do it. Mrs. 110%711 at another time said, " White, you may as well do this that I want you, the £lO will be of service to you." I said, " Not at all to my like; but I have toll! Gyles what you said yesterday morning; and he knows all about it." She asked what he said, and I told her. The sale was on Monday, February `r6; in the morning of that day I went into the barn, between seven and eight kAlock, where I found Gyles lying in the straw. lie said, " Go and tell the old woman to send me some vic tuals and drink, for I have been here all night." I did so; and she gave me some for him in a woollen apron, which I took him. She said no more to me between that time and the fire. On the Wednesday after, she sent me with £lO to George's father, at *Choiley. I saw his father and sister, and gave £2 .ss. to his sister; the rest I took back, and told Howell I could not find George. She said, " For' GOD'S sake go and find him!" I did not say how much I had left, but she gave me £5 more to go to London and find him. I was to tell him to keep out of the way, for there was a strong suspicion of his setting the place on fire. I -could not find him in London, and I spent the money—part since I have been in prison. I was taken on the 1 Ith of March, on Tower-hill. This witness underwent a long and severe cross examination by Mr. TA I;NTo, and afterwards by the JUDGE, in which i.e prevaricated. Sometimes he 'stood mute for several minutes, and denied most po sitively several things which he had sworn to before the Magistrate who committed him. lie declared, that Mrs. Howell's proposals to him were not made in a whisker, or inwardly, but out loudly, as though there was not the slightest harm in setting the place on fire, or any fear-of being heard by any one. Elizabeth Gyles, sister to the prisoner; William Gyles, the brother ; and William Windcate were then examined. Their evidence went to shew the anxiety of the female prisoner to get Gyles • out of the coun try; she followed him to Landon, and advanced se veral sums of money for this purpose. In the course of these proceedings she seemed to have contented herself with the reflection that she did " not do the deed," though she feared the consequences of guilt. Gyles's confession was •then read, in those parts only which criminated himself. It stated, that he struck fire with a flint and steel, lighted a match, and set fire to some straw in the barn, and after-. wards walked off. Mr. TAUNTON, for the defence, took several objec tions, but they were overruled. The JUDGE then proceeded to charge the Jury with great impartiality, strongly urging every point that he could in favour of the prisoners. The Jury consulted for about an hour in the box ; they then retired, and in little more than half; an hour they returned with a verdict of Guilty against both the prisoners ; but recommended Mrs. nom ell to mercy, on account of die excellent character which she had received. His Lordship said he should have great pleasure in carrying their recommendation to the throne. Major Dawson rose to intercede with the Court on behalf of Gyles. He begged most earnestly to re commend the unfortunate young man to mercy. He seemed to be a poor ignorant wretch, who had pro bably been led into the crime by the artifices of others, without being fully aware of the dreadful punishment which it probably might bring upon him. He implored his Lordship to make such representa tions of his case as might call forth the Royal cle mency in his favour. He urged this more especially in consideration of his very respectable relatives, who had appeared in Court on this unhappy occasion, whose feelings he trusted would be spared the aggra vation of beholding their brother suffer the death of a malefactor. Mr. Baron GARROW could hardly express how much he was gratified by the eloquent addreis to which they had just listened, from a Gentleman who was known to , him in very early life, but who had since been almost out of his recollection. At the age of eight years they were schoolfellows together ; and to find that at this time of life they should meet as they then met, could not fail to make a strong im pression on his feelings. The motives and the recom mendation had his full concurrence • and he would not disappoint the hopes of his valued friend. POLICR. B3W-STREET Smith was charged with assault ing, with intent to rob, N. Galby. The prosecutor, who is butler to Earl I'oulett, was passing up Con stitution-hill, about ten o'clock on Saturday ever.ing, when the prisoner came tin to him, and, clapping his hand on his shoulder, said'to him, " You are a Gen tleman, and I am a poor man without employment, and I must have Eg. Witness said, " you are mis taken, I am not a Gentleman," upon which the pri soner exclaimed, you —, its no use talking," and struck him behind the car, which knocked him into the middle of the road. Ile recovered himself in stantly, and turned round to meet the prisoner, who advanced towards him in a menacing attitude, and before he could strike, witness hit him on the nose and felled him. The prisoner jumped up, and was renewing the attack, when witness again knocked him down, and he called out, " Bill, come along, he is doing me." Another man then came up, and they both attacked the witness, and a general fight com menced, during which the latter called as loud as he could " Murder! Thieves !" &c. but no one came to his assistance. He fought with them for a very con siderable period, and knocked them both down seve ral times, but he was at last overpowered, and they got him down on his back in the road. The poi, sorer got hold of his neckcloth, and swearing that he would knock out his brains, he beat his head upon' the ground while the other was rifling-his pockets, but could find no money. When he was fist at tacked he took his purse from his pocket and put it inside of his neckcloth. They then said " if. they could not have his blunt, they would have his life; when a boy came running - towards them, and the man called Bill ran away first, after stamping upon witness's stomach, and exclaiming, " There, you —, take that." The sight of the bey gave the wit ness fresh courage, and he got hold of the prisoner, by the throat, and after a hard struggle; he and thi boy succeeded in getting him up to the gate. Wit ness asked the gatekeeper why he did not come to his assistance ? and he said he had called the watch-. man, but he refused to come. A watchman then came up, and witness gave .charge of the prisoner, but the latter at the same moment accused witness of assaulting him, and the watchman was in doubt which to take into custody, when Jefferies, the pa trol, came up and secured the prisoner. J. Asbury, the boy alluded to, came forward, and stated, that he was going by the Park, when he heard cries of " murder!" and asked two boys who were looking through the railing to accompany him to see what was the matter. They climbed over into the Park, but the other boys refused to go farther, and witness went alone. This boy then corroborated all the lat ter part of Galby's testimony. The prisoner, in his defeAce, accused the prosecutor of crimes of the most horrible nature.—Jefferies said, he believed the pri soner and his companion were two men who had long been " wanted" for similar offences. The prisoner was remanded. His eyes and face were dreadfully bruised, his left arm was in a sling, and his clothes were covered with blood.' The prosecutor was also so much hurt that he could scarcely support himself. Turnlell, Crowder, and Beaton, charged on suspi cion of robbing the Dover van. of .1:4000, were dis charged for want of evidence. - James Payne was charged with a dating robbery in the day time at Greenwich. On the morning of the 11th ultimo, Mrs. Welding, who keeps. the house No. 12, Halford•buildings, Roan-street, Greenwich, answered a knock at her door; when a man made an inquiry as to a person who was lodging there. Ile then asked her for some money, saying he was in great distress; to which she replied she had none to give away. He then forced himself into the house, knocked her down, and beat her till she became sense : less. He in the most brutal manner tore the ear rings from her ears, and then emptied her pockets. Orrher coming to herself she gave an account of the attack, and a full description of the man.. Informa. tion having been sent to this Office, every. exertion was made to apprehend the prisoner, ate answering the description of the man suspected; and he was found on Saturday, at the White - Hart public-house, in Brookes-market, Holborn. On being beauf , l e lbe ! fore the Magistrate he asserted he had never at Greenwich. The Magistrate observed, if he. Was - an innocent man, he was one of the most unforturette thit ever existed, as he fully answered the descrip tion of the robber in every respect, even in his dress. The dark mark, like a - large red wart, on the corner of his left eye, is supposed to have proceeded from bilberries. To put the matter beyond 4 doubt the Magistrate directed that he should be taken to Green wich-for Mrs. Walding to see him, As she was not • sufficiently recovered from her wounds and bruises to be able to attend the Office.. MARLBOROUGH . STREET...--.Yesterday, a young Lady, neatly dressed, bet evidently much deranged in her intellects, came into the Office with a. Bible in At Rutherglen, on the 24th ult. Lieutenatt-General Jots Spens, of • Stonclaw. • August 2, at Roehampton, iq his 64t1s,yeaci-Joseph Alcoa, Esq. late one of the Chief Clerks of his Majesty's Treasury. Wednesday, at Belmont Muse, near liavarit, Lady Prevost, relict of the late Sir George Prevost; Bart. _ _ Thursday, at •Greenwich, hlrs.'Hurney, the widow of the late Rev. Charles homey, I).D. ficcsor of St. Peal, Deptford, and of cux,, Kent. •. Thursday, in the 75tli year of her age, at her haat in the. Circus, Salisbury, after a few hOurs' illness; Lad— ATourt, re lict of SirNY. Beres Ashe A'Court, Italet. of Heresbury Hesse; Saturday , sepnight,.. Mr. hires Sutton, of:Winchestemucet. Salisbury. He complained on•the pracedingday of being builds frieridtk felt no alarm. In the mqiniug of Saturday, bow. ever, he was heath to congh; and a f6vi nibuto after seven was found a corpse. Surday se'rinight,sat her house, Kendal, York, of au aperleris seizure, Catherine Cappe, relict of the late Rev. N. Cappe, aged 77. Donut et plareni tizoi. Noe. Thy house, and (in the cup of life, That honey-drop) thy pleasing wife. SOCRATES, by .his discourse on Marriage, so en. raptured his auditors with the subject, that the mairol men flew to their wives, and the bachelors hastened to be weds and " The Spectator" has affirmed, that the word " wife" isa most agreeable and delightful name in nature. The sacred institution, then, of marriage, compasses the de sideratum of ofir enjoyment; teeming not only with happiness on earth, but disposing the soul itself to harmonize with blip . hereafter. Previous, however, to entering into this hallowed obligati". it becomes an imperative duty, not only to regulate the pusica, but to cleanse the grosser nature from those impurities whirl the freedom of unrestricted pleasure may have entailed epos it. To the neglect of such attention are attributable many of those hapless instances, which, while they excite the commiseratia of the beholder, should also impress him with the fear of sell reproach. Luxurious habits will effeasinize the body—a residence in the tropics will relax the'elastic fibre—hut more especially does the premature infatuation of youth too frequently compromise the natural dignity into a state of inanition, from whence the age, ,sized sufferer more than doubts the chance of relief. To al such, then, we addreu ourselves, offering hope—energy—nws , cular strength—felicity ; nor wi ll advances appear quest's. able, sanctioned as they are by the multiplied proofs of twat, years successful experience. The easy cares of married life are sometimes disturbed by the suspension . 'of those blessings which concentrate the rniptki wreath—for the female habit is often constitutionally wean-• yet it can be strengthened, and deficient energy improved WS functional power. In every case of syphilitic intrusion, as well as in every*: laxation eff• the generative economy, we pledge our ability tO cure speedily, and with effect. Earnestly solicitous to expel* unfeeling empyric from the position so presumptuously takes up, we deviate from general principles with leis hesitaiiontssi confident lei • our own honourable integrity as Members of do College of Surgeons, we refer the suffering community of oil sex (especially those entering into matrimonial life) at most our house, whar f daily uttesulance is given for personal ca sultatinn and letters from the coinary . are immediately* sivereitiAiiibeliitist contain a rereldiriCe Adiice and Me rintreititft% 'caddrbe fOrwardid tiihfiftik i . t e sisfilisr world, boo; aystrdlstatit.. • . GOSS and Co. IL M.o. illuzgaonS, it, ,Bonverie-stioseekersatert, Lai* . Jun Pubilitte4 (Tenth Edifice), The By Life &fad. liar*ctinuientaty on the above Diseases.' By 7 and 'CO. A .(IFeaed,to the . Youth and Naturity of both-Moses. May tom at 20, 'Paternoster-row ; . 59, Pas Mall „_.." 16; Princes4tWer Soho; 174, Fleet-street ; 40, We Smlthfiildr, and of as be' sellers. Palm COAL MARKET, Angus: 6. Ships at Market. Ships Sold. Price. 391 Newcastle 37e 554 6d to 441 4 It Sunderland 12 , 54s 04 to 43 1 g I Scotch, Coal 1 , 30s od______, MAILS THIS DAY.—ARR. DUG Dublin 1 0 Waterford 0 1 Guernsey and Jeriey 0 1 Holland 0 0 Flanders • - O. 0 Malta 0 0 _ ARR. so Lisbon 0 France 1 0 Hamburg ' 0 I Gott enburg h 0 I Leeward Islands 0 0 Brazils 0 0 HIG H. WATER at LON DON .13111DGE TO-NOU ROL Mcrning 54 trinutes after Afternoon, . • - • 29 -- --- LO N DON Printed and pllblistied by Lair hot+ Icily:v..4 f. . • her hand, which was covered with her white hand. kerchief. Addressing the Magistrate, she said, that once she could boast of wealth, and superior situ a ., tion in society; but in consequence of some design. ing friends unjustly gaining possession of her pro.. perty, which was considerable, and refusing t o d e , liver it up to her, she considered herself most grossly abused. She referred to several passages in th e Scriptures, which she held in her hand, and rea d them to the Magistrate, who listened with greatrp a , tience, to convince him that, « according to the pr o . phets," she was entitled to her property, which wa s unjustly detained from her, and requested his Wor. ship's interposition. Being informed that such a case did not fall under the cognizance of that Court, it seemed to offend her, and she intimated that she could compel them to interfere, and even in the event of their refusal, his Majesty would instantly recover her property, on being applied to. It was not until an officer told her that her case required three M. gistrates, that she could be prevailed upon to quit the Office. Information being received that gangs of robberi nightly infested •.he Harrow-road, and parts lead;ral thereto, Humphries, with a party of officers of Pair dington, proceeded, on Saturday night, about twelve o'clock, to watch their manoeuvres. On the arrival of the officers in the I farrow-road, they met a f midahle gang of desperate thieves. The officers suc ceeded in apprehending four of the party, the others decamped with all possible speed. The prisoners were taken to the Watch-house, but the officers in endeavouring to unlock the door, found the key-hole stuffed with stones and gravel, and the inside de stroyed' to prevent the do:a- being (Toned. They were, however, locked up and searched, when several knives were found on them, but nothing to lead to the discovery of any depredation they might have committed. — Humphries received two anonymoun letters. swearing vengeance against him, and threat ening his life. The parties in ctv.texiy were taken before a Magistrate, and held to bail. BIUTIIB. The 27th ult. at Castlecraig,the Lady of the llon. W. J. N i „ pier, of a son. At Stranracr, on the 16th ult. the Lady of Major-Gettral 11P Nair, C.B. of a daughter. MARRIED. — Saturday, at Stepney Church, Wm. Fergus, Esq. to Ms Cairns, daughter of Dr. James Cairns, R.N. • Thursday, Jonathan Ilayne, Esq. of. Middletontterrattoto Ann, only daughter of the Rev. Thos. Watson Ward, of Sham. brook, in the county of Bedford. Monday se'nnight, at Winchester, John Thos. Williams F4l. Captain in the 2d, or Queen's Royal Regiment of Foot to Frances Eleanor Cowper, daughter of M. Cowper, Esq. hu e d Gibraltar. t July 28, the Rev. Robert Todd, M.A. Vicar of North Cray, to Misi Alice Stickney, both of Hon. Mr. 'John Reeve, of the Bristol Theatre, to Min Ayktt, daughter of Mr. Aylett, of Nlourfields, Londor.