Star. — London, England, 1821-10-31 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, OCTOBER its. LANGRIDUE V. DY.RVILLS. This was an action of assumpsit, tried before t he LORD CHIEF JUSTICE in London. A verdict was taken for the plaintiff, subject to the opinion of the Court, upon the following facts: The ship Zenobia, the property of the plaintiff, was lying at anchor in the river Thames, being bound for Smyrna. A Norwegian ship, homeward-bound, called the Caroline Matilda, ran foul of the Zenobia in going down the River, and did her considerable injury.— The owner of the Zenobia took Admiralty process upon the spot, and detained the Caroline Matilda at Gravesend. The defendant then, as agent of the Ca roline Matilda, gave the plaintiff, by letter, au un dertaking to the following effect:—" Give up your claim upon the Caroline Matilda, and. allow her to proceed on her voyage, and I will indemnify you for the Zenobia's damage, as far as the sum of £180." In consequence of the above letter, the Caroline Ma tilda was liberated, and immediately departed for Norway:: the plaintiff subsequently applied for his damage, but was met by a notice, that he must prove a legal right to claim compensation against the Caroline Matilda or her ownets. Under these circumstances the case went to trial, and the Jury, at Nisi Prius, found the defendant liable, as far as his undertaking for £lBO. It was af terwards urged before the Court, in 6ineco, that under the Pilot Act, the 52d Geo. 111. the owners of the Caroline Matilda could not be liable to the owners of theZenobia. By the s'2d Geo. 111. the owners of a ship having a Trinity-House Pilot on board were ex empt, while such Pilot remained on board, from making good any damage done to any other vessel or vessels. The Caroline Matilda had a Trinity- House Pilot on board at the time of the accident. Mr. Pet.xeri (this day), in support of his verdict, was relying upon the undertaking give n lr by the de fendant, when the Court desired to what could be said by the other side. Mr. Poccocx then submitted that, according to decided cases," Tooley v. Windham, " and" Morley v. Nott," a promise to forbear suit here, in law, no action could lie, was a promise void for want of con sideration. In the present case the plaintiff had given ..no consideration to the defendant for his promise as to the £180: he had abandoned no right, because, in truth, legal right he never had any. Mr. Justice Besr said, the defendant's promise' ' amounted to the every-day's case at Guildhall— " Verdict for the plaintiff, damages referred." There could be nothing illegal in such a promise, unless there were illegality in settling a suit, and, in that ease, the Court of King's Bench, which had already quite enough to do, was likely to be favoured with a great deal more. Verdict affirmed for the plaintiff. Damages— 'those really incurred—the same not exceeding £lBO. OCTOBER 30. The JUDGES sat this day in the Sessions House, Westminster. HATFIELD V. THORPE. This was a special case, arising out of a will : the Court had to decide upon two points; first, whether the will was duly attested ; and secondly, whether John Hatfield, the plaintiff, was entitled to any estate? It appeared that a real estate had been devised to the mother of the plaintiff, who by will left it to her son. The husband of the last devisee, and the father of the plaintiff, was one of the attesting witnesses, and the question was, whether that circumstance did not make the will a nullity ? The Statute of Frauds, it wascon tended, would not suffer a father, who was interested in the estate through his son, to become an attest ing witness. Mr. COTTERELL argued in support of the will. It was not void, he contended, unless it came under the Statute of the 25th of Geo. 11. which regulate; the at testation of wills. According to the Learned Gentle man's argument, it was not a case within the range' , of that Act. Mr. READER contended that a husband, according to the decision of Lord Hardwick, could not be a wit ness for or against his wife, and that his interest, in a case like this, rendered him wholly incompetent to stand in the situation of a witness attesting her will. The Court postponed judgment. BOWATER F. PARR AND OTHERS. _ This was a question arising out of an indenture, made pursuant to an Act of Parliament, bet%seett the Commissioners of his Majesty's . Navy, and John Bowater, by which the latter demised land in Wool wich Dock-yard, for the public service. The objec tion was, that the lessees had not covenanted on their atom part. but in behalf of his Majesty, against whom the lessor could have no remedy. After the arguments of Mr. Cs ITTY and Mr. LAWES had been heard, the Lotto CHIEF Justus and the Judges decided that the defendants could not execute a counter part of the lease to bind themselves, and consequently the instrument was bad, ab OLD BAILEY SESSIONS. Yesterday, George Simmons, a lad only twelve years of age, was indicted for stealing a coral neck lace, the property of James Scott, from the person of Diary Ann Vernon, a child only three years old. By the evidence it appeared that the yothrg culprit was seen to unclasp the necklace by a little girl, who immediately told the circumstance, and pointed out the lad who stole it, to the person who had the child in charge. The Jury found the prisoner—Cuilty. The parents of the prisoner appeared to be honest people, and had set a good example before their son. The CounoN SERJEANT admonished the lad on the wickedness of his conduct, and told him he should be severely chastised and kept to'bard labour. Henry Harris, aged 14, Richard Prendergast, aged 12, and Michael Anderson, aged only 10, were in dicted fot stealing from the person of a child a coral necklace, the property of Peter Wright. The prisoners seemed to be hardened in guilt, although so young in age. They accused one another of the theft, but each asserted his innocence. They acknowledged that they ran away, but gave as a reason that each thought one of the others had hurt the child. The infant was ob served to be crying very much as the prisoners ran away from IL—The Jury found them all Guilty. The masters of. Prendergast and Anderson ap peared to give them a character, and promised to tale them back into their service. The Court ordered the lads to be well whipped, and then discharged.. Prendergast and Anderson were given over to their masters, and Hares seas ded; tamed at the request of his mother, until she was able to send him to sea. This was the only means left to restrain him from his wicked courses. Two more lads, of the name of Coghan and Harris, the one aged 13, and the other 14, were indicted for stealing a coral necklace• from a child, the property i of Mr. Syder.—The daughters of the' prosecutor, were walking out with their brother, who was nine months old, when Harris came up behind the child, and loosened the clasp of a coral necklace which was round its neck. This was observed by a person who was passing by, and he immediately took the boy into custody. The prisoner Coghan was in his com pany at the time.—The Jary found Harris Guilty, and Coghan was acquitted. The COURT told Harris that he was an old offender, and promised that he should not have another oppor- ' tunity of appearing at that bar. John Jacobs was indicted capitally for assaulting, Ellen Anderson en the King's highvoy, and violently taking from her person a shilling, a bonnet, and a silk handkerchief. The prosecute' was passing along Rosemary-lane, on the evening of the 18th of October, with a basin and a shilling to get some soup: She met the pri soner, who attacked her violently, snatched the shil ling, tore her bonnet, and beat her severely, until two watchmen came up and took him into custody. The prisoner strongly protested his innocence. His employer was called, and gave him an excellent cha racter for honesty. The Jury found the prisoner Guilty, but recom mended him to mercy, on account of the good cha. ratter he had received. The COMMON SERJEANT said, he would certainly forward the recommendation, but when the dreadful state the streets were now in was considered, by the nightly tbbberies of such men as the prisoner, it was necessary to determine what steps were requisite to be taken to put a stop to these continual depredations. This was a most.brutal assault, and might have been the cause of the death of the prosecutrix, had not the watchn,en opportunely interposed. lie advised the prisoner not to depend upon the kind recommenda tion of the Jury, but to prepare for his awful fate. Sarah Castles was indicted for stealing a sheet, the property of Rachael Benjamin, in her dwelling-house. The pawnbroker, with whom the prisoner had pledged the sheet, was not in attendance, and his recognizances in consequence were estreated. The prosecutrix said he had attended every day, and had left the sheet with the person at the door. The door-keeper accordingly brought forward a sheet, which the prosecutrix said was not her's.— There was not, however, any other sheet, and the prisoner was acquitted. Shortly aitet, the door keeper again returned, and said the prosecutrix no.'• said the sheet was her's, and it was accordingly given up to her. The COMMON SERJRANT desired, that if any appli r cation were made to take off the estreat of the pawn broker's recognizances, it might be made to him. About four o'clock (duce other trials having taken place) the young man came into Court, and said that he had merely gone to inform his employer that the trial was expected on. The COMMON SERJEANT.—Yes, and you absented yourself at the moment you were wanted. Your re cognizances are estreated, Sir.—The young man ' then left the Court. MIDDLESEX SESSIONS. Yesterday Jen:hag Mathews was convicted of a mis demeanour, in receiving a sheep's heart and liver, knowing the same to have been stolen. Mr. WALFORD stated that the indictment imputed to the prisoner the crime of receiving a sheep's heart r and lives, knowing the same to have bee: improperly obtained. The crime aas attended by. an unexam pled depravity on the part of the prisoner, as, by her instructions, children of tender years were instructed in the art of pilfering, which ultimately might lead them into the most ignominious situations. l'he pri soner's practice was to harbour young boys who had absconded from their parents, and encourage them to acts of dishonesty; by sending them out early in the morning to steal vegetables, meat, bacon, or any thing else they could get, for which they were re warded at night, when a valuation was set upon their Gaily plunder. It was also a custom of the prisoner to prognosticate the retult of the day, by telling the children their fortune with cards, which she always managed with that art as to inspire them with confi dence in their undertakings, and by such means in sured the greater probability of success. Frederick Clarke, a boy about 16 years old, stated she was taken into custody about three days after he became acquainted with the pi isoner, and she had been in prison about a fortnight. His father is a vat maker. About the time before stated he met his .brother early in the morning, who had been lost from his father's house about two weeks. His brother told him that he lived with the prisoner, with a good many other boys, and that they went out in the morn ing to get what they could, and at night they sold it to the prisoner. The witness consented to go and live at the same house. Examined by the Coom—He knew he was to go out thieving before he went to the house. On the morning of the 17th October last he went "on the look out, " and travelling along Whitechapel he saw a sheep's heart and its appendages hanging at the shop of a butcher, which he contrived to bear off. He took it home to the prisoner, who purchased it for sixpence, to be paid by his being provided with two nights' lodging, at threepence per night. John Tyrrel also had lived with the prisoner; he first became acquainted with her by her son coming to witness's father's house, and beckoning him out. His father. was a watch-spring maker. He had lived with the prisoner about the same time as the last wit ness, and remembered his bringing home the heart, which the prisoner bought of him. T. Hopkinson, a butcher, proved that a heart was stolen from his shop-door on the day above-named. 1 A Police Officer went to the prisoner's house, in Upper Kate-street, on Thursday, the 11th inst. The room presented a little banditti of seven boys, sitting promiscuously about the place, and the woman was actively engaged in preparing a meal of fried cabbage, and the other eatable gleanings of her scholars. On different parts of the floor there were straw beds, on which the boys threw themselves "like pigs." At the back of the room there was a door that led into a court, and a chair was placed there to facilitate ant easy escape, in the event of an unpleasant obtrusion by Police Officers. He was aware of this mancenvre, but was not sufficiently on the alert to prevent the escape of one of the juvenile partv. Frederick Clarke re-examined.—. The prisoner gene rally fold the boys their fortunes upon cards, An the morning before they left home. She used to shuffle them; and then lay them on the table; the picture cards had a particular signification—debt were un fortunate ; but hearts were always welcome. The prisoner, in her defence, said that the boys came to her, and represented themselves either as destitute `of friends,' or that their parents had turned them out of doors; she took them out of compassion; but, being herself unable to support them, she sent them out to sell matches; but she never encouraged theta in thieving. The CHAIRMAN, in summing up theevidence, said if the story was true as the boys had related it, he knew not what terms to give it. .Extreme profligacy was by far too mild, because she was initiating chil dren into a line of life that must end in their dis comfiture, and perhaps bring them to a premature . and disgraceful death. The Jury, without a moment's hesitation, pro nounced a verdict of Guilty. Mr. WALFORD said, he had other case; precisely of the same nature against her, which, if the Court thought necessary, after the verdict that had just been given, he would proceed with. The Cotner.—lt is quite unnecessary. The CHAIRMAN.—Prisoner, you have been con victed of a most abominable offence, and your per nicious advice has recoiled upolin yourself by the evi dence of these boys, whom you have so wickedly con taminated. The judgment of the Court is, that you be imprisoned for one year in the House of Correction. Mr. WaLeono.---This prosecution is by order of the Parish. The COURT.—And it is a very proper prosecution. Mr. Watsoito.—lf anything can be done for the e children, it may, perhaps, be the means of saving them from destruction. The Couer.—The Grand Jury have been think ing about them ; but I do not know what can be done with them. Let them for the present remain outside of the Court. Elizabeth Lane, a pretty interesting girl, about 17 years of age, came into Court attended by her father and mother, and exhibited articles of the peace against a woman of the name of Reardon. This IVOMMI, it appeared, being the mother of a child belonging to a Mr. Leslie, who had at one time lodged in the house of Mr. Lane, the exhibitant's father, a respect able man, living at Pentonville, and not havin. , seen this child for several years, since she was on ly five years old, strongly conceived, from some resemblance which she fancied the exhibitant bore to her, that Miss Lane was her own daughter whom she had been long anxiously in quest of. In consequence of this misconception, whenever the exhibitant went out, she was sure to be accosted by this woman, who up braided her with not acknowledging her as her ma. ther, and threatened to take, her away from Mr. Lane's protection, Mr. Leslie, and not he (she said), being her father. These addresses in the street being extremely troublesome, and the young Lady becoming terrified lest she might attempt to put her threats in execution, she was induced to make the present ap plication to the Court. Mrs. Reardon persisted in expressing it as her opi nion that the young Lady was her daughter, of whose features she had no doubt ; but being actuated by no feeling but affection towards her, and seeing that she was happily provided for, she said she would not give her or Mr. Lane any more trouble. She had had no wish but to be acknowledged by her own child. Mr. Lane informed the woman, that he could not say where precisely her daughter, for whom she had mistaken the exhibitant, at present was, or he would tell her; but he could assure her that she was placed at a respectable seminary by her•father, where she received every attention. The Court bound Mrs. Reardon over, in her own recognizance, to keep the peace towards the exhi bitant and her family. The Grand Jury, having finished their business, re ceived the thanks of the Court for their attention to their laborious duty, and were discharged at about three o'clock. The Petty Jury was also discharged in about an hour after, the Sessions having terminated. BOW-STRZET.—A Mr. Boyton, residing in York street, or York-place, Lambeth, stated that a few days since he had lost his pocket-book near the Asylum; it contained a security of upwards of £1,300, a bill upon Ireland for £250, besides several other valuable papers. On Saturday, a man called at his home, during his absence, and in a conversation with his wife, acknowledged that he knew the person who had found the book ; he, in consequence, told his wife, that if the man called wi th the pocket:hook s and its con tents, she might give him ten or fifteen shillings, or she might even extend it to twenty. The Magistrate told him, the man he complained of had been at the Office before him, and had stated his case ; and as to Mr. Boyton's conduct, he did not think it had been that of a Gentleman; fifteen shillings, which the man stated was the most that had been offered him, was too little for the trouble he had taken in making in quiries for four or five days before he found him out, in addition to the immense value of the papers. Mr. Boyton treated the value of the papers with indiffer ence, saying he could get some renewed, and others he could get the payment stopped. The Magistrate informed him he could reader him no assistance, and his only remedy would be by an action •at law, in which he thought he would experience considerable difficulty in proving that the man - was possessed of the papers. Mr. Boyton intimated that he should prefer applying to the Lord Chancellor for an in. junction, to that of rewarding the man, as suggested by the Magistrate. MaNsios-House,—J. Pearce was charged with' Lstealing a watch. Mr. Done statedi that about seven o'clock yesterday morning - he wasswalking up Lom bard-street, when three fellows surrounded him, and he Missed his watch. He gave an alarm, and' the prisoner was secured. The prisoner denied the charge in toto. He said he was a journeyman hair-dresser out of employ, and was walking for the benefit of his health, when he was taken for another man. The prosecutor, however, persisted in his charge, and the prisoner was fully committed. A man of the name of Patton, charged with utter ing a forged £5 note, was remanded. HATTON Iliac was fully committed, charged so n w se i lr oe r stealing ke ntv e a l ,s 1 where toc,o,c,p. Das eere rrreioniuuti brought r Constable, as evidence against a fem a l e pr i soner from u hose side the culprit daringly to o k i t. William Lewis and Geor g e =kW, charged by J. Litalastier, Esq, o f castle. street, Fitzroy-square, with picking his pocket o f handkerchief, near the end of Hatton -garden. R. Dutton, a shoe-maker, in Monurourh.str. M ary Boum*, and Hannah llullingt ta , werech44 4 2 by C. B. Bearcroft, Esq. on suspicion o f stealing portable writing-desk, containin g six sovereig ns , i t country El notes, and other valuable property. T ie two female prisoners were servants in Mr.lleat • house, and on Friday night it was ascertained thast the male prisoner slept in the same bed with d ie f e , males, and was let out about six in the w a i n . The same night Mr. Bearcroft was writi ng at his a and it was missing in the morning ; in con sea which suspicion tell on the prisoners, and they ae; taken into custody.—lternanded. M A ROUG •STk I? ET.—M r. EL-Sh et qf p ut* arrived at this Office before the Captain ul rlns had charged with obtaining a chaise inbisnarne,aod after a short interview with Mr. CO` Alit, set o g toir, sist on the immediate attendance of Mews. Com et and Co. In the interim, Brand, the Marslialnia; arrived with his prisoner, and not finding Mr. p u. kips there, stated the charge. Mr. Parkins's note is Messrs. Coates having been returned to Brand, now produced it, and it proved to contain an impliy declaration that he (Mr. Parkins) hall , self ligainst the prisoner. Marshall, clerk, said be was authorised to say, were satisfied ; and the prisoner urge was now no charge made, he was aboi ch irged, when the Ex-Sheriff returned, either of the pal tneis ; and on learnir things, he insisted the Captain ought to for the good of the Public. Mr. Co: Mr. Parkins's own note, and his orderi, tak.! the prisoner in the first instant— Coates, shened t h at they were the persons Pin kins conceived the injured party Coates were satisfied, and he could not [ant the prisoner—indeeJ, he ought to tion for false imprisonment against The Captain was then liberated, but rested for debt by Mr. Thorowgood and taken away in custody. Yesterday, an Inquest was held at the Bricklayers' Arms, James -street, Manchester-square, on the INg of Mr. Lewis, landlord of the said house. The ♦ ceased and three young men, about four o'clock,. Sunday afternoon, went from the deceased's isom Tichfield-street, where they drank half a jet if brandy, and then proceeded to Parker's -rents, Nur lane, where they drank four glasses of bra* ad water ; from thence to the Adelphi, where they ask three bottles of wine and two glasses of brunets( water. They were then put into a chariot, Walk arrival at the deceased's house, he was found dal at the bottom, and two of his companions lying him, quite insensible. Verdict—Died Jim Stiffoo tion, owing to ait of intoxication. George Thom, now lying in Aberdeen jail, unit sentence of death, for murder, has, with deep cow trition, confesseJ his guilt, and cleared his wife d having had any share in the crime tot which be is condemned to die. A private letter received in Perth from a Mena tile house in Madrid, dated September 24, says:— " The Spanish nation, by its steadiness and rimy will carry through its heroic and just unslookil, and consolidate its new institutions. It istnele knowledge here is . rrot universally extended,lntim is Nib iamin Jukes, the full possession of his mental faculties up to a very she. prior to his decease, and died as he had lived, in the bid* HEDICKMEIL, and in the exhibition of those airistian pi* which it had been his unremitting endeavour to adore. On the 19th instant, at Paris, John Astley, Esq. Pre.pridil the Royal Amphitheatre, Westminster-bridge, aged 54 Aug. 31, at Kingston, Jamaica, Mrs. Mary Mackie, the late Robert Mackie, Esq. Oct. 15, at Ormly, Caithness, Captain DonaldSincln►,l* 4 the Unit Foot. Oct. 9, at Manse of Deer, aged 81, the Rev. John Cr, Sunday se might, aged 64, the wife of Mr. W. 14 4,0 Ilalesworth, Suffolk. She was on a visit to her son stlo 4 and bad spent the forenoon in better health than of lab' but, after eating a good dinner, and whilst seated oa a sub, 4l Magazine hi her hand, she suddenly exclaimed that she wig see, and that she was dying, and expired in about an hot COURSE OF Amsterdam l4 14 C.F. Ditto at sight 12 11 Itotterd.dn... l2 15 St. Antwerp, ex-mo 12 7 37 10 211'. Altona 57 11 2i U. ' CXCHANGE. Seville .151 Gibraltu ...... Leghorn Genoa 45; Venice hal. Liv tr; 0 Malta Naples ....... 5 9 1 Palermo re- Lisbon 5O Rio 47 I)ublin li Cork. ...... sy's sight 25 60 U. Ditto 0 5 90 2U. Madrid, effective 36 Cadiz effect. ...... 56 Barcelona ......351 Rilboa, effective 351 PRICES OF GOLI Foreign Gold in liars . ... New DOILWA... ..... ......... Silver, in bars, standard.-- ANDSILVEL 3 17 Pi 4 0 4u w* I isbna 0 France 0 I Hamburgh 1 II Gonenburgh 1 I Leeward Islands• ' 0 • 0 1,. MAILS TRii DAY:-.1-Allll. inca. Dublin 2 0 Warerlin:d 1 1 Guernsey And Jersey o 0 Holland 0 0 Flanders 0 0 Malta 0 0 I Jamaica • HLGH-W ATER st LONDON Nit IDIE TO-10011' Ma Thing 0 frinutes ;fie 6 Afternoon - 2A ----- LONDON : Pruisod nd published by Lava Mei Ttniple-Bar. no chargerbi; Nlessri. C u e ; • his employe e 1 that th at bout to be 4 ed, but witho lt ing the stated I to be proseeind fi :ONANT rep j ering Brand h ante to Mess% Isons whom t t , ty ; but Messrs tot therefore& to bring Lisae. Mr. Parkins.. , I immediately* i and assista; 0 is good sense and morality. 'here are, nib will be, adverse circumstances within the tow and without, which will be overcome by finsais good and occasional bad moments. His Majelfs happy Omni contento), the peoile in perfect trarefi lity. All goes on 'well; new men at the Jodi public credit and of the finances are'theobjecsd most interest ; these will be found, and they wily sume a new aspect." Saturday, in Crosvenor.place, Lady Emily Dnuamallo daughter. fkt.l 4, at St. Andrew's,theLady of Capt.Wm.Playfair,sh Oct. IC, at Campbelton, Argyleshire, the Lady of the laic Alexander M'Larty, physician, Kingston, Jamaica, of a mous daughter. DIED. On Monday, the 29th of October, after a few days ilbtal West Mailing, near Maidstone, in the 89th yearof his agallo jamin Bates, Esq. formerly .a partner in the house of lias Jukes, Coulson. and Co. of Upper Thames-street. Herod wit. and pul most su 1 J A . A PI r a