Star. — London, England, 1822-12-12 00:00:00

LAW INDELLIGENCE. 'COURT OF CHANCERY, DECEMBER ii. • Rift V. WARD. _ Mr. ilnaT concluded his reply in this case. The LORD CHANCELLOR said that the length and imprtance of the proceedings required that he should have some few days to consider of his judgment. This labour had been increased by the evidence of the trial having received the sanction of the Judge, as it must therefore be considered to possess the same authority as the notes of the Judge. There were some observations to he made upon the evidence which had not been made at the trial. He by no means wished to reflect on the exemplary conduct of Chief Justice Dallas during tht proceedings: but frequently points arose from evidence which were not observed on the trial. The lunacy commenced in 1773 ; all the sub sequent proceedings had been conducted .on wrong grounds, which had been kept up by continued mis representations. Had be seen as much of them be fore, it might have become the duty of the Court to interfere and prevent the parties from contradicting each other, -after having constantly misrepresented the facts. The possession of the estates in that'case should have been delivered to the parties who were alleged on all hands to. be entitled ; and if they were not so entitled, the other parties shoutl have been referred to the Co3rts of Law for their remedy. He hesitated to say whether or not he would now do so, but he was not without a strong,inclination towards adopting that course. Having . then informed himself that the business bad been carried on in the office of Master Coureenay, he caused the affidavits to be handed up to him, and said that he hoped to be able to give judgment on Monday nest. VICE-CHANCELLOR'S COURT, DECEMBER 11. TUE ATTORNEY GENERAL V. THE MASTERS AND WAR- DENS OF THE SCNNERS' COMPANY. In this cause Mr. BELL moved, that the Master should report what were the rents and profits de rived from certain lands and tenements in St. Pan cras Parish, under the coutroul of the Master and Wardens of the Ski.mers' Company, for the benefit of a Free School at Tunbridge, endowed in the reign, of Elizabeth, and that the proceeds of the said lands and tenements should be applied to the support of the said charity, according to at scheme to be formed by the Master. Mr. BELL, ca }visa . of Mr. Knox, the master of the school, now prayed tin, Court to direct the ap plication of the proceeds of tl.e Pancras estaw sepa rately to the use of the charity. Consider:l'oe diffi culty, it appeared, existed about ascertaining or fixhig the extent or value of the property in the City belonging to the scho(l. As, however, the value of t!:e property in St. P:u and its. produce were il,c`;t:ened, and as the income from it, above 12500, was fully sufficient to carry on the school, it seas proposed to apply that sum according to a pro visional scheme, until the value of the other pro- Tett) , was a•certained, when an order might be made for the application of tic whek. The value of the proverty in Gracechw . ch-street had not been yet as ce:taked, and probably never could be.. It was sub mitted that it would be ultimately necessary to direct a commission to form an equivalent, to be paid by the Company to the solicitor f:A , this propeity, of which the value could not be at.cui rained. Mr. HA RT said, he appeared on behalf of the re- lators in this case, and was directeJ by them to sup port the application. It was certainly quite unrea sonable that the master of the school should remain unpaid, whilst there was a large income sufficient for the Court to give a reasonable endowment to the charity. A separate report of the St. Pancrac pro• perry ought certainly to be made, and the Grace church-street property to be lefi: for future disposal. Mr. HEALD, who appeared on behalt of the de fendants, said, that they were not actuated by any lit:gious spi!it in opposing the motion, on the con. trary, they were most anxious to carry the Decree pronounced into strict execution, although they might have appealed to the House of Lords against it, but they opposed the application because it was con ceived to be irregular and premature. At the fire of -London some of the houses belonging to the school, and others adjoining belonging to the Com pany were burnt. He therefore submitted to the Court, for the purpose of bringing the suit to a re gular and speedy termination, it would be most ex pedient to allow the case to stand over until the ar rangements had been made. Mr. BELL, and Mr. HART would not accede to any further delay. The property in Gracechurch-street could quite as well Le disposed of in the course which was proposed. The VICE-CHANCELLOR, after having heard a fur ther conversation upon the point, directed that 4 se parate report should be made of the Gracechurch street property, and ordered that the Master should approve of a provisional scheme for the application of the St. Pancras property alone, to the purposes of the charity. But his Honour directed that the order should not be drawn up for a fortnight, that the Company might in the meantime have an opporto 9ity of suggesting anything to him that arose out of any arrangement that might be made. COURT OF KING'S BENCH, DECEMBER 11. THEATRICAL CONTRACT.-BEDFORD V. BUNN. Mr. MARRYAT stated, that this was an action l brought by Miss Green (now Mrs. Bedford) against. Mr. Bunn, the Manager of the Birmingham Theatre, for the recovery of a sum of Er, which was due to bar out of the amount of an engagement secured to her by Mr. Bunn. She was to perform for 34 nights at Birmingham, and to receive £lO a week, and a benefit secured to produce £5O. The benefit unfor 4unately produced but tla: for the balance, this ac tion was brought. Mrs. Green, the mother of the Actress, proved the contract on the part of Mr. Bonn to give her daugh. ter a benefit, which was secured to produce at least ICA and which only produced In her cross•examination, she admitted that her daughter was taken ill at Birmingham, and in conse quence her benefit was postponed, and that which was substituted for it was unproductive. Mr. Scanutrr, for the defendant, said, he was • prepared ta prove that Mr. Bishop, not Miss Green, was the real plaintiff in this cause; and he assigned as the reason for the reduced amount of Miss Green's thexixcumstance of her indisposition, fur whisk it wild as eareastiable the Messer should, suffer, icedditiou to what he liad alteadteuffeted by ' her inability to sing on seam of the other evenings of her engagement. . . • •- A letter from Mr. Bedford, the husband of Miss Green, to Mr. Bunn was read. in which Mr. Bedford said that his wife had no concern in the present ac- Jinn, and that it was altogether Mr. Bishop's, through whom Miss Green had been engaged at Birmingham. , The writer also warmly con_g ratulated Mr. Bunn on the success of his 44 famous Tom and Jerry?' Mrs. Ingram (formerly Miss Fisher) said she was engaged at Birmingham in the season of 1821. •She remembered Miss Green's engagement at the same 1 Theatre, and her illness daring the greater part of' ' that period, so as to be unable to sing, except with great pain. She could not play for several nights, and apologies were made for her being unable to perform through illness. When Mi-s Green's benefit was announced on the last night of her performance, and an immense house was expected, to see Guy Mannering, her illness caused the postponement of the Play, and Warlock in the Glen was substituted for it, and there was, owing to the disappointment, a miserable house. Witness . was to have played Meg Merrilies, in Guy Mannering, on the night of the postponement. Mrs. Waylett said, that she was also engaged at the .Birmingham Theatre when Miss Green came there, and remembered that Lady's indisposition, and inability to perform on particular occasions. Richard Collier, Proprietor at the Birmingham Theatre, and occasionally performer, proved Miss Green's illness, so as to be unable to admit her per formance on specific nights. Apologies were often made for her, and he remembered a Farce being changed to Fortune's Frolic, as she could not sing.— At two o'clock on the day fixed for her benefit, she had it - changed, owing to her illness, and the house was consequently a poot one. The house would hold two hundred pounds. Mr. Bellamy, an apothecary, at Birmingham, proved the fact of Miss Green's indisposition, which bad preirented her from singing at her benefit; could she have performed at that time, she expected a.very full attendance. She was also unable to sing on the night when her subsequent benefit took place. The LORD CHIEF JUSTICE summed up the evidence to the Jury, who returned a verdict for the plaintiff for Thirty-seven Pounds. THE KING, AT TIIE PROS/Mt/MON OF FOX, V. JACKSON AND JARVIS. This was a criminal indictment against the eferend- Ants for a conspiracy, its procuting to be issued a Sta tute of Bankruptcy against the younger Jackson, in order to defraud the prosecutor. This case has been already frequently before the Public, in various legal proceedings, within the last five years. It has been the subject i f two actions, a former indictment for per jury against the same par ties, but abandoned, however, by the same prosecutor —a Bill in Chancery still undecided—a former trial for conspiracy. in which there was a verdict against the defendants; but in consequence of' important evi dence discovered by the defendants subsequently to that verdicr, the Court on motion granted a new trial, which came on this day. The circumstances of the case were shindy these: The prosecutor, Mr. S. Fox, was, some years since an apothecary and surgeon, in' ilishopsgatc-street, where he kept a shop, and being desirous to dispose of his business to an eligible purchaser, he applied to a medical agent for that purpose. An advertisement was published in some of the Newspapers to forward this object, and in consequence, Mr. Jackson, junior, one of the defendants, applied; and was introduced by the agent to Mr. Fox ; a negotiation was accord ingly commenced. Mr. Jackson, jun. had served his apprenticeship to Mr. Jarvis, another of the defend , ants, at Exeter. lle had come up to London to at tend Lectures and the Hospitals, for his improvement, and was introduced to the prosecutor for the purpose of treating for the purcha.e of his business in the latter end of the year 1513. The prosecutor named his price, Mr. Jackson had the inspection of his books for the three years preceding this negotiation, in order to spew him the average profits according to what had been sold. It was agreed, in consequence, that after Mr. Jackson had consulted his friends, lie was to take a half share in the business with the prosecutor, fcr v hich he was to pay £l2OO, of which £6OO was to be paid the first year. Articles were accordingly signed. The prosecutor for some time iesided with him in the house, and aided in conducting the business. Mr. Jack-on, towards the end of 1514, expressed himself satisfied with the business, and a subsequent arrange ment was entered into between the parties, whereby Mr. Jackson was to take the whole of the business, and to r ay the prosecutor altogether a sum of 2,3001. of which sum he paid, by different instalments, 1,2001. which was advanced to hint by his father, another of the defendants, and he had passed his bond for the balance; but finding, in 1815, that the business fell greatly short of the produce represented to him, and tor which be paid so high a price, and that he should Ira be prepared to meet his bond when it should be come due, he wrote to the prosecutor; stated *the cir cumstances, and offered to pay him 4001. more in dis charge of* the bond, but the prosecutor refused to ac cept it ; and the defendant replied, that then he could offer no better terms, and that he must consult his friends and his other creditors. The prosecutor, how ever, entered up judgment on the bond, and put an execution into the house; but the other defendants (the father and the father-in-law of Mr. Jackson) struck a docker, and took a statute of bankruptcy against him. Under this statute, the whole of the debts proved against the bankrupt amounted to 86651.55. Id. out of winch the other defenclant,..lackson, proved a debt due to him of 20441. The prosecutor opposed 'this claim before the Commissioners, attended by his Counsel ; but the Commissioners admitted the proofs, and the bankrupt passed his Jast examination and obtained his certificate. The prosecutor subsequently adopted the several proceedings above stated ; and the point to be decided this day. .was, whetliej the debt proved at the bankruptcy by the elder defendant consisted of fair charges or,fraudulent: ones, for the purpose of founding it, surreptitious bankruptcy, to defraud the proaccutere—These charges consisted of sums advanced by the father, for the eon % accouot, and included his clothing, his. education, hi s appren rice fee of 2621. his expenses during his attendance on the hospitals and lectures in London, and various `other stuns advanced from time to date; And Mr t&etlett gootoodod that them disease were for this most put. iarpoobikio, osti Ammo& faro (at to make against his son, as a very great part had been advanced long , before he came of age, and more par ticularly when, for the last senrof-400/. advan•edr to his son, he had taken a bond, without having men tioned or demanded any security for any debt pre •iously in account. The evidence for the prosecution having closed, The .SOLICITOR-GERERAL addressed the Jury on behalf of the defendants, to the respectability and ho nour of whose characters he spoke in terms of high commendation; and in respect to the charges ad duced by the father .against the son, he fully ex plained, that.the son, at an early age, had a freehold estate Bequeathed to him, of which his father •was the occupying tenant; that he had six other children to provide for under limited circumstances, and it was but just that he should charge to his son the sums advanced to him for the purposes of his educa tion and outfit in life. Besides, those charges were' , satisfactorily proved, item by item, before the Com missioaers of Bankruptcy, and fully admitted, and therefore substantiated in law. It had also come out this day in evidence, that the prosecutor had re peatedly declared, in the course of the last five years, that he would spend the last shilling he possessed to obtain legal revenge of the defendants, only for their failure to comply with an unfair deception and ruin ous bargain to the injury of all the other creditors of Mr. Jackson; and upon these grounds, and what had already come out in the evidence for the prosecution, he would rely on the Jury for a verditt of acquittal, without calling any witness. The LORD Ciller JUSTICE summed up for the Jury, who, after a few minutes deliberation, returned a verdict of Not Guilty. COURT OF COMMON PLEAS, DECEMBER u. TROST v. BENGIOUGM. This was an action to recover the amount of a bill of exchange for 301. given by the defendant in 1815. The defendant is a member of the dramatic corps of one of the winter theatres. The defence to the ac• tion was the Statute of Limitations, by which the plaintiff's claim was barred t more than six years having elapsed since the defendant had admitted the debt. The plaintiff now proved a letter to him from the defendant in 1817, in which he stated, that if he succeeded at Liverpo.d, he sh uhf see him_ soomafler in Bristol, and that at all events he would arrange with hint as well as he could. The defendant's hand writing to the bill wa, also proved. Mr. Serjeant VAUGHAN, for the defendant, con tended that the evidence was not sufficient to take the case out of the Statute of Limitations, and there fore that the plaintiff could not recover. The Jury thought the letter produced referred to the bill, and returned a verdict for the plaintiff for the amount of the bill and the interest. ASSIZES.—HERTFORD, DECEMBER 10. Thomas Richeno was indicted for breaking and entering the dwelling house of Enos Durant, in the parish of Shenly, in the night time of the 12th of November, and stealing therein a smock frock, the property of William Osborn. The prisoner had formerly been a labourer in hus bandry in the service of the prosecutor, but had been discharged. Between six and seven o'clock on the 12th of November, it being then quite dark, the cen• tage in which the prosecutor's servants were lodged was broken open, by means of a fracture in the win dow, and a frock of Osborn's stolen. There were marks of blood on the window, as if the thief had wounded himself. Suspicion falling on the prisoner, he was next day apprehended at a public-house at Wheatstone, with the frock upon his back, which was immediately identified. One of his thumbs appeared to be cut, and the frock itself was stained with blood. These facts were proved, and under the Learned Judge's directions, the prisoner, who made no other defence than protesting his innocence, was found Guilty, Death. Joseph' Threader and John Threader were indicted for assaulting John Traveller on the King's highway, on the 18th November, in the parish of North Mimms, putting him in fear, and taking from his person twenty-two shillings in silver. M. JOSEPH was for the prosecution. It appeared from the evidence of the prosecutor, an elderly man, that on the morning of the 18th of November, about seven o'cli:ck, he was coming out of his cottage with two pails in his hand, to get some water, when the two pi i:oners rushed out upon him from a shed in his own yard, knocked him down, knelt upon his body, and rifled his pockets of 225. in silver. Ile ,was severely hurt ; the blood gushed out of his mouth, and be had hardly yet recovered from the effects of the assault. The prisoners ran off with the money. It was proved by another witness that the prisoners were seen going towards the prosecutor's house very fast, and were at that time about five minutes walk from it. The prosecutor was positive as to the pri soners' identity. The prisoners solemnly protested their innocence. Mr. Justice BAYLEY summed up the case for the Jury, iTcl they found both prisoners Guilty. The prosecutor recommended the prisoners to mercy, and begged that they might be transported. John Marshall was indicted for feloniously killing and slaying Samuel Paritt, at Sawbridgeworth, on the 26th October last. It appeared that the prisoner and the deceased were bargemen, and, with others, were drinking at a public-house at Sawbridgeworth, on the 26th of October. The deceased had been in an ill humour with a man named King, and the prisoner tried to ; prevail upon him to chink. The deceased refused;' the prisoner again and again urged him to do so ; but the deceased at last threw the beer in the priso ner's face, and then flung the pewter pot at him: the prisoner immediately rose, the parties closed, strug gled, and the deceased received a blow from the pal saner, fell, and lose no more. These are the facts proved. The deceased appeared to be the aggressor. An excellent character was given to the prisoner for mildness of disposition. The case went to the Jury, under the Learned Judge's directions, and they found the prisoner— Not Guilty. Saturday morning, Burley Old Hall, the residence of the Rev. T. R.W1 Loos, was consumed by fire, with the exception of the wing recently erected. Some of the furniture was saved, and 1,0001. in cash was rescued by Mr. Lzicu, at the hazard of his life. The firs is said to have originated in the laundry, ist.witiek some clot et befit Idt to dry. ronONE,RS , INQUESTS. 4. most strange and aMicting circumstance, wa s the subject of investigation on Manday, and 'atria b y adjournment on Tuesday last. The circumstance that gave rise to the inquiry was an anoo)mous tette; which Howell, the summoning officer of Mary.la. Bonne, received on Sunday, who instantly commenced an inquiry into the matter, An Inquest was accordingly summoned at the Sawyers' Arms, Mary-la-Bonne-lane, upon tuo bodie s one an old Lady, and the other a yowig wom an . named Mary role. Several witnesses were esaminel on the sitting of the Inquest on Monday, (tom whf , • evidence it appeared the old Lady died a rator,l death, and that the young woman (Mary i'ole) w as delivered of a still-born child on Sunday u eek, she died from the effects of the premature driive:r on Tuesday. It also appeared she hdd 'made lo,', bargain. of a very singular nature with a pan g Tr , dical practitioner, who attended her during time a c couchement, on condition that were the child ho dead, he was to have it for his attendance, m i d iF alive, one guinea and a week's medicine. On child being found to be dead, it was sent away in basket by the surgeon ; the young woman deceav• was taken in by the other, who aided deceased motives of humanity. The Inquest was then adjourned until TueFil;: night, after some strong observations on the coadt:::: of the seducer of the deceased and the su7 . eon. Mr. James Harvey, physician, proved hatiN evt. mined the child ;it wits full grown, and d d 114— nil In iris of violence, or any blemishes on the head or b()Lly. Mr. Cusack, the celebrated surgeon, to where school of anatomy the child's body wa, by the surgeon, that he might study from it, proved i 3 the same effect. The body of the child, in a mutilated state, it having been dissected, was here shewn to the Jurv, and given up by their command to the tleceitse,:, mother tor hue' merit. A Medical Gentleman gave the Gentleman attended the deceased the highest character, and Le well understood his protes,ion. The brother of the deceased proved 17e.- !o conceal her state, and the iefilsal of the surgeon :u inform him where the ail .'s body w After sonic other conversation the Jut y thel 7?- tited for about twenty minutes, and on tt.eii the Foreman said it was the decided Op;1.1011 I t h e Jury, that Mt s. Plumber (the e.derly :t natural death, by the visitation of GOD, Lila, At u •y Pole also died by the visitation of G. D ; and the ;:t -tant being still bo u, they did not iii;rute ilia • e the Medical Gentleman, but extieniety cen•itic.: for having ii.ade a contract to have the child fox t hi s . section it stilt-bore, instead of his tee. This verdict being registered by' the Coroner, tl.t business terminated. Yesterday an Inquisition was taken in Yotk street, Westminster, n the body of Mr. lei bcrt (*air. mas Richardson, surgeon to Westininstei deposed that the deceased was brought into the ILT pital on Saturday evening; he waiked. Des:eased said he had run against a post. o.i examhung witness found that he was rupoited. wai given him, and he walked to sits home in oviaeacc. buildings; on the following day tSulida went to his house, and found him very id ;11 ue_!, atui thought it advisable that he should he t e rucved back: 'to the Infirniary, which was done, and tho deceased • continued getting worse till Tuesday mornin, when he expired at ten o'cicck. Witness has since exa mined the body; the abd , men was much swollen and bruised. Witness has no doubt but that the blow he had received was the cause of his death. William Carr, son to the decea ed, deposed that on Saturday evening, about eigh: o'c,ock, he was at home in Providence-buildings, when I.nher came home; he appeared very ill, and groaned deeply ; deceased was nearly bent double; he told w _mess that he had nearly killed himself by running against some posts in William-street. On the following mormng his fa ther was removed to the Infirmary, and con.inued very ill till Tuesday morning, w hen wimess heard of his death. The surgeon in!'ornied witness that num bers of men had been ruptured by the posts that had caused his father's death. The deceased was of sci›er habits. Verdict-6 , Accidental death." Saturday an Inquest was taken at Dover, on the body of Elizabeth Thompson. It appeared that the deceased, a young woman, about '23 years of age, was sitting by the fire-side on Friday evening, when her brother, Wm. Thompson, a lad about thirteen years old, came in with a gun in his hand, which by some accident was discharged, and thecontents lodg. ing in the head of his sister, occasioned instant death. Verdict—" Accidental Death, by firing off a gun riot knowing the came to be loaded"—a deodand of was levied on the gun. At a Meeting of Magistrates, held not long since in Somersetshite, a very respectable farmer was sum moned before them for killing game on the manor of one of the then sitting Magistrates, and convicte3 in the penalty of £5. I'he farmer pleaded very I•i:.! against the conviction, but all in vain ; he then sta:e.l that he had an information to lay against a respect. able person then present. He was ,equested to lay it on oath ; he did so, and had the aforesaid Magii. trate convicted in the penalty of £lO for killing game, he having neglected to take out his certificate. COAL MARKET, DEC. 11. Adair's 43s 6d—Burdon 42, 9d—Charlotte 42s—Coilodge 44s 9d—Dean's Primrose 45s—Heaton 445 6d—llebburn Maio 455—Hollywell 435—Killitigworth 44s 9d—Oki A siker 41*-- Ord's Read& 39s—Percy East 395 6d-I'elaw Main 45s Pontop Windsor's 425 6d—Tanfiehl Moor 47,—Wy 41: c.l —WaUsend Bewickc 45s 6d—Wallsend Brown 43s 3.1—W.:11.- end Russell 45s 9d—Wallsend Northumberland 44s 5d Wil!send Riddell 45s 3d—Wallsend Lanibton 46s 9.1—W 4110 e" Walker 46. a 465 6d—Tanfield Trader 47,-liurratou 11Id hi:- lingworth 44s 6d—Barrington 37s—Elgin Main 405-11a1):. 1 th 365—Scotch 28 - per ton—Whitelee 43s—Iledworth dlaia 3:4 WaWend Stewart 46. 94.1. . 57i Ships at Market-44i Ships sold --1S unsold. MAILS. ARR. nU s. Dublin 1 0 Waterford 3 0 Guernsey and Jersey 1 0 I.W)ori • 0 1 • RS. Dos. France 1 0 Hanthurgb 1 2 Flanders (;) 0 Holland 0 0 Leeward Tslands . 0 0 - -------- . Malta 0 0 Gottenbutilt 0 2 Brasil 0 0 cajun ve A kit at L.oe4 UON to-A:tin o• Morning - 40 rranutem _tter 1 Attenionn - 0 minutes After 3 I.ONDON: Frisitta.and putgashuil by 1411*Iiiirs; . .1 161 ' 4 " plakc, fcatple.l3ol.. . . . i~ 'I I 1 i