Star. — London, England, 1821-12-06 00:00:00

LAW INTELLIGENCE. VICE-CHANCELLOR S COURT, DECEMBER S. HOWARD AND GIBBS'S BANKRUPTCY. The VICE CHANCELLOR this day gave judgment in this cause. He dismissed the present assignees, and directed that a new :hoice of assignees should be made, but the time of making it to be stayed, to give Mr. Carroll an opportunity of presenting a petition, for the purpose of establishing his debt under the Commission. COURT OF KING'S BENCH, DECEMBER S. ROBINS V. BARTON. This was an action brought by that very eminent and respectable auctioneer, Mr. Robins, of Warwick street, Golden.scivate, for the amount of his charges against the defendant for surveying and putting up to sale an estate in Gloucestershire. Messrs. SCAULETT and G. MARRIOTT were Counsel for the plaintiff, and Mr. GURNEY for the defendant. On the part of the plaintiff, it was proved that a Mr. Beale, who formerly acted as 'attorney for the defendant, communicated to him the amount of the plaintiff's charge, which was £BB, including £25 for surveying the estate, and £lO for travelling, and that the defendant promised to pay it. Mr. GURNEY, however, insisted that the plaintiff had limited his demand to a much less sum, by an express agreement; and that the defendant had ob jected to a survey, on which occasion the plaintiff said he was going on a visit very near the estate, and would just look at it. The defendant pleaded a ten der of £5O, and paid that sum into Court. The LORD CHIEF JUSTICE left it to the Jury to say, whether this was sufficient, observing that they would probably doubt whether travelling expenses could, under the circumstances, be fairly charged. The Jury, after a short consultation, gave the plain tiff a verdict fur £7O. ss. The plaintiff having de nied the tender, the defendant had a verdict in his favour on the second issue. COURT OF COMMON PLEAS, DECEMBER 5. STAFFORD V. HAMSTON. The Court had not proceeded far in this cause, when Mr. Langley, a Special Jury man, was suddenly taken ill: he retired from the box for a' short time, but as he did nut appear to be recovering, a motion was made to put off the cause for this Sittings ; to which it was objected, that the proper course would be to strike it out of the paper.altogeiher. A crimi nal case on the Western Circuit was alluded to, and some discussion took place between the Attortaes and Serjeants engaged in the cause; but ultimately the Cut E! Jun= said be would discharge the Jury at present, and leave the parties to move the Court next Termaan the subject. HARE V. PETO AND ANOTHER. This was an action brought against the defendants for having, by the erection of the new buildings in Furn . ival's Inn, obstructed the light of a house in Gre sille-street, the property of the plaintiff. After some evidence had been adduced on both sides, a verdict for the plaintiff for £2oo.was,taken by consent, subject to a reference. COURT OF SURROGATES, DECEMBER S. BEST V. BAST. .Sir C. ROBINSON stated, that this was a question arising out of a suit, instituted in this Court, by Mrs. Elizabeth Best, against her husband, J. Best, EA. for ci (mita.. This suit %%as met by a responsive alle gation on the part of the husband, denying cruelty; and, among other articles of accusation, in bar of his wife's suit, charging her with the crime of adultery, and praying to be divorced. The suit, it appeared, had miginally commenced in 1818, and the wife being called upon to deliver her answer to the alle gation of the husband (which contained nineteen Articles), the present proceeding was upon objections taken and argued, as to the sufficiency of those an swerc, on the ground, that the wife had not answered specifically and fully, as required by forms of law. The objections taken by Dr. LUSHINGTON, fol lowed by Dr. DonsoN, on the same side, as Counsel for Mrs. Best, were shortly these:—ln answer to the primary articles of the husband's allegation, which set forth, that she had, without just cause, quitted his house, and gone to reside at the York Hotel, Dover, on the 7th, and did not return until the 11th of January, ISIS, pretending that she went to Dover, to consult with Mr. M.. Kennet, a Solici tor; her absenting herself from her husband's house at such time, being for the purpose of extorting a settlement from him, and refusing to return until such settlement was made, as the conditions of her return. That she had repeatedly declared " the only married him for what she could get out of him."— Her answer to this being, that she did not quit his house for the purpose of extorting a settlement as articulate; but the only time she did quit her hus band's house, without his consent, was, when, from the cruelty of the said James Best, she ceased to be under his protection, an& went to seek the protec tion of her father. It was, objected that this denial was not suffi• ciently explicit, since any party might deay a fact as articulate, if it varied in any way, as to what was stated in the allegation. The second and third Articles went on to state, that whilst the said Elizabeth absented herself from her said husband, in order to extort such settlement, she wrote two several letters from the York Hotel, at Dover, to him, to the effect that he should make such settlement, demanding this as the conditions of her return to him ; and the third Article stated those letters to be her proper hand-writing, and exhibited the originals; likewise pleading the identity of the parties. Her answer to this was, that she had never written to her said husband for the purpose of ex tortins a settlement from him as articulate, or de manding it as the conditions of her return; but that her said husband, upon their marriage, had promised to settle upon her L:700 per annum ; and that she had only applied to him for the fulfilment of such pro mise. With respect to the article pleading the letters in her own hand-writing to her husband from the York Hotel, at Dover, her answer was, she cannot, and hopes the Court will not compel her to answer that article; she requests the protection of the Court, co that the fact pleaded may be put to lawful proofs. It was here contended that she ought to answer specifically whether she wrote those letters or not. - • Sir C. Bows:sou, in answer to the objections argued by his Learned Friends, submitted, that the Court would consider the answers sufficiently explicit. Diu SwAnalt (the Juidgie) finally determined,-that tlle party . sliculd answer More specifically the several articles objected, and to which the answers were di• meted to be reformed, with the exception of her an swer to the direct affirmative charge of adultery.— The Judge further observed, that as this case had been a long time delayed, the Court would allow only one month for the husband to bring proofs in support of his allegation, in order to bring the case to a conclusion within the time the practice of the Court prescribed. OLD BAILEY SESSIONS. • These Sessions commenced yesterday at the Justice Hall, in the Old Bailey, before Mr. Justice BAYLEY, Mr. Baron GARROW, the LORD MAYOR, &c. Henry Thontpsox was put to the bar, on an indict ment charging him with uttering as true, a forged check for £l7. 6s. well knowing the same to be a forgery, with intent to defraud Mr. Francis Pontet, o.i the 18th of May last. Mr. Ponta, jun. stated, that on the day mentioned in the indictment, the prisoner came to his father's shop, in Pall-mall, and directed a quantity of snuff to be sent to a house at Black water, by the Exeter coach, and in payment tendered the check in question, which purported to be on the house of Messrs. Jones and Lloyd, of Lothbury, and signed by " Hew C. Lloyd." No suspicion being entertained, the change was given. The check was paid into the house of Messrs. Drummond, andlay them returned to the wit ness, in consequence of its being a forgery. Mr. Thomas, butcher, of Charing-cross, stated, that on the 15th of October, the prisoner came to his shop, and having ordered meat to the amount of two pounds, he directed it to be sent to henry Lloyd, Esq. l 23, Devonshire-place, and for which he tendered a check for sixteen pounds on the same banking-house, and signed in a similar manner to that for which the prisoner stood indicted. The witness having some doubt, took the check to Messrs. Drummonds, and, in consequence of the information he teceived, had the prisoner conveyed to Bow-street. William Hook proved taking a check of the pri soner for. O. lOs. in payment for a load of hay, which he ordered to be sent to H. Lloyd, Esq. Clarges-street. A clerk from the house of Jones and Lloyd, proved all the three checks to be forgeries. The prisoner, on being called on for his defence, said, he had nothing farther to observe than to throw himself on the mercy of the Court. He appeared to suffer fiom indisposition, and was very dejected. Mr. Justice Hamer summed ap the evidence, and the Jury found the prisoner Guilty—Death. Mr. Pontet recommended the prisoner to mercy, on the ground that he was not aware that he was com mitting a capital felony by uttering the notes. Aaron Isaac stood indicted for stealing a gold seal from the person of Rowland Turner, ou the 29th of October last, in Holborn--Guilty. Mr. Baron GARROW asked on what grounds the prisoner's trial had been postponed from last Sessions? Mr. CLARK said, it was in consequence of an affida vit, stating that a most teaterial witness was absent, having been made by the prisoner. Mr. Baron GARROW said, there had never been a clearer case made out, and informed the prisoner that he might depend on the sentence of transportation for life, which would be passed on him at the end of the Sessions, being carried into effect. Thomas Foy stood indicted for receiving one block of tin, value 15s. the property of Richard Wilson, well knowing the same to have been stolen. Richard Buck produced the record of the convic don of the person who had stolen the property. Jonathan Bundon, clerk to Mr. Wilson, wharfinger, stated that George Fletcher, the person who stole the property, was sometimes employed by Mr. Wilson, and that he saw him in the act of taking away the property on the Bth of December, 1818. Robert Key proved seeing George Fletcher with a truck, on the above-stated day, at the wharf, and that the prisoner came up, and turned the truck round. Thomas Garton, an officer, proved taking George Fletcher into custody at the shop of the prisoner, and that the latter ran up a ladder and escaped. The block of tin was found at the bottom of the ladder. Mr. Richard Wilson identified the property, and stated that the house. at which it had been smelted had stopped for some years. The prisoner, in his defence, denied all knowledge of Fletcher up to the time in question. Several pet sons gave him a very good character. Mr. Justice. BAYLEY again called Robert 'Key, who swore positively that he had seen Fletcher many times at the prisoner's house previously to the day in question. The Learned Judge summed up the evi dence,and the Jury having retired for twenty minutes, on their return, found the prisoner Guilty, but re commended him to mercy, on account of his former good character.—MrJustice BAYLEY said the recom- ' mendation should be attended to. Thomas Deakin stood indicted for burglariously breaking and entering the dwelling-house of Mr. Robert Ray, in the Parish of Edmonton, on the 30th of October, and stealing therefrom a great quantity of wearing apparel. The prosecutor stated, that the plan now produced was a correct one of his premises. The laundry was within the wall inclosing the eastern side of the pre mises ; the drying ground was also inclosed ; he did not know anything further of the robbery than what he had been informed of by his servants. Sarah Bramwell had been washing on the previous day ; was the last person there, and on leaving the laundry locked the door. The property stated in the indictment was there at the time; could not say whe ther the window of the wash-house was shut; the laundry window was shut ; part of the things belonged to herself and fellow-servants, and part to the prose cutor; the premises must have been entered through the wash-house door, which witness had left secure. John Hold, another servant, found the Lodge gate 'open, and when he went to the passage door he found it had been broken open, as well as the wash-house door; witness found a colter of a plough, by which means the doors had been forced ; there were iron bars to the windows, so that no entry could have been made in that direction. Thomas Austin, an officer, searched the premises of the prisoner, and found the articles now produced. The prisoner was present. The marks on the various articles had been cut out. The property having been identified, Mr. BRODKRICK, who was retained for the pri soner, submitted that the charge of burglary bad not. been made out.—The objection was over-ruled. The ytisoner declined saying anfthing in his de- fence, but called two persons to his character. One of them stated, that he kept the Glick Bull, at Ed monton ; the prisoner was at his house on the evening of the robbery ; he appeared to be the worse of li quor. The other swore, that he (the' prisoner) came home about eleven o'clock, he was very drunk, and unable to get to bed ; the witness undresed him. Mr. Baron GARROW summed up the evidence, and the Jury found the prisoner—Guilty—Death. belonging to the Office, apprehended Thomas &A A . at Islington, on Ft iday, on a charge of heip.g. (no , cerned with a gang of smugglers, in WOtillding venal officers eniployed in the Preventive The offence with which the ptisoner was charg e d. having been committed in the County of Kent, R oo d was directed to carry him into that County. Oa M. day the prisoner underwent an examination Lei - wet * Magistrates at Margate, when he was i.lentiEed 4 one of the smugglers found in arms on the 2J of s c. ,. tember last, at Marsh Bay, near Mat gate, wh o tacked a party of officers engaged in the Revea t i e Service, when Lieutenant Carr was disarm e d o f hi t cutlass, and received a wound in his forehead w h ile engaged in a struggle with one of the smuggi ett la this desperate afft ay two of the men employed 4 14 , Preventive Setrice were wounded.—The pri Eota , was committed for further examination. MARI sonoucu-sr REET.—A publican inthe nett.. bourhood of Portman-stiect Barracks (Mr. a F- gg,► was charp,ed by two Serjeants of the Guards With' permitting gaming in his house. It was s:oced, that the Adjutant had given ort:ers, front the inloiniatioo he had received, for the Serjeants to go round toth e public-houses and bring any soldier to hi s super i or! who should be detected in gaming. 111 this instatsee two soldiers were conveyed away for playirt a t cards at different pet iods on Friday evenii i last There were four sets of cards sworn to as being played at once, chiefly amongst j:atrncimen bak er , The defence was, that the publican was absent, and the cards he understood were brought into the b us , The Niagistrate Oise' ved, that the ttl.sence tlx publican was no excuse ; he was fined 49,. rind se• minded that the fine was I.:10 for the second offence. LAMBETII-STREET.— Yesterday, Mr. /.cry .41ern. der, a vender of Sunday- Newspapers, residing la W;ii;eciittpel-road, ap a .eared befire the sitting Ms• giArate, Mr. IlAttowicst, to a summons at the is. stance of the Churchwardens, wherein he was charge/ with eicercising his worldly callings on the Loa' Day. The defendant pleaded Not Guilty. Mr.lio, sisal, one of the Churchwardens, stated, that in pose. ing the defendant's Atop on Sunday last, heate d eleven and twelve o'clock, he saw his door open, pie sons passing, in and out, and a great ctowd coilectel round the sho i , , marling some large placards %hick were hunt. outside, intimating the intelligence c m . tained in ceitain S inday Papers which he bad f Q sale. The assemblave of persons was so inuneaiss as to render the foot-way quite impasse)le to per,ors going that way to and froar Ctinrch. MAGISTRATIL—Did you see any Papers sold in &kudos's shop by hint, or for him? Witness.—No it is not for the sAling of the Papers I care much, provided he sells them out a Church time, as fur L:,• nuisance caused by exhibiting these placards. Defendant.—The publishing of Sunday Newspapenis of necessity. The Legislature has Made no provisiun sgsii;•;!. A Bill has been introduced into Parliament to prohibit the e,t,,L ing on Sundays, but it being a work which returned sect La in. come to Government, the Bill was rejected. No Nl:Eierne can convict me—the sale must be first proved. AISUISTRATZ—riI put it on this footing; you shallbealeiral to sell Papers after Churchtime, provided you do re saillit the placards so much complained of; as I consider thv e ezlista ing of Sunday Papers a matter of great gratifitation :edam. port:ince to the Public, especially to the working classes, who cannot spare time to read on week-days. Defendant.—Perso. - 4 are allowed to tell fish and milk SO SW. days, and why not Newspapers as Weil? • • MAGISTRATL—Tic Legislature allows the sale of milk ad mackarel, as being a work of necessity; but looking oa thud Newspapers as only to gratify public curiosity, it made wpm vision either for or against their sale on Sundays. Defendant.—Although I'm of the Jewish persuasion, Trad dined to pay the utmost respect to the laws respecting Ways; but, notwithstanding, I'll keep my shop open in siite W rya?. position, on Sundays, and• seli what I think proper ao mipts• anises. 1 cannot sell the Papers without exhibiting thepurear. 3IAGISTRAIE.—The Miler:Ca is not sufficient at pronto warrant a conviction ; but if a repeti•ion of this takes place,rd that the Public are to be annoyed as descriaed, I will Utak fullest penalty. Defendant.— I'm not to be thus intimidated by the ow plainant. The premises are not mine ; but, at all svtrts, tie penalty is no more than five shillings, and should thatbe info/ will appeal. :11AGLSTILLTZ.—If this be your determination amd idea at de business, I'll convict the occupier of the premises. A short argument ensued between Mr. Marshaltal the defendant. lie said, let it cost him what it call out of his own pocket, he would institute proceeding; against him in another Court ; and thus the nu rests at present. The Rev. RALPH PRICE, Rector of Lymingt,i consideration of the depressed state of agricsksq has in the most handsome manner postponed dale ceipt of his tithes until April, then consenting toots a deduction of 15 per cent. . A curious circumstance, shewing the great numb , of female servants out (.1* place; occurred on Tuesds!. A Lady had advertised for a cook and a houseraaitt and, with the permission of Mrs. Appleby, a wide', who keeps a hosier's shop in Parliament-street, lal directed them to apply there, between the houra eleven and one; at eleven o'clock no less than 41 females met together in Mrs. Appleby's shop, 194 by twelve o'clock, the number amounted to 105! — The shop, the steps of the door, and the paveroc, were filled by these femalee. A constable was seat for, to protect Mrs. Appleby's property in het shop, and to disperse them. The Lady was there accord ing-to appointment, but was so perplexed by the number of applicants, that she could not engage any of them. BIRTHS. Dee. 1, at Bryn, Glamorganshire, the Hon. Lady Maniac' a daughter. Saturday, the LAdy of the Rev. Dr. E. D. Clarke, tf bridge, of a daughter. MARRIED. Nov.ii u 36, at Znoeeh: eldestste Kemp,,edapautagihnter,of the u oft t h e e D r. 55th uadtz, RtirO' to m of St. Margaret's Bank, Rochester. Slips it Unticet. 56 1 4 . NeM.::l , lle 81 Sun(!f:rland 1 Scotch Coal LONDON SESSIONS. - - William East was tried upon an indictment, charging him with having, in a contest for a passenger, as saulted another coachman named Kendal. It has been known that on occasions of the kind attempts have been made to overturn coaches. It appeared that the defendant tore a female, who [ was entering the prosecutor's coach, violently away, and carried her to his own coach, and after having placed her in it, he assaulted the prosecutor for re monstrating with him on such unfair conduct. The Learned Coun,el for the defence, assured the Jury that such things were considered quite fair in the warfare that was every day carried on between stage-coachmen : he mentioned a fact in favour of his case, which he said occurred the other day. A Lady intended to go to Pentonville by one of the stage-coaches which took up passengers at Bishops gate, but was forced by one of the Clapton coach men into his coach. She discovered that she was not going in a direct road to Pentonville, when she had reached about half way to Clapton ; but she called to the coachman in vain. He drove her the whole way to Clapton, and there set her down. What rendered the conduct of the coachman still more culpable, was the fact that it was night when the occurrence took place, and he refused to take her back.—The defend ant was found Guilty. The COMMON SEIUE AN T said, that to his own know ledge, and in his own per!onal observation, tl, prac tice complained of as ( ring among the drivers of stage-coaches, ha!' been Lataied on [peat) , to the an noyance of the Public. It was not to be endured dial the livesof lOs Majesty's subjects should be constantly endangered, and the peace broken, in the contests of those fellows for passenger . The Conanon Serjeant added, that the Court would take care, if any other case should cone before them, horn the examination of which it should appear that the observations I.e now made were likely to produce no good effect, that the offender should be punished in the most exem plary manner. SURREY SESSIONS. BOWDEN V. JENNINGS. Mr. James Bowden, lliuisterofthe l'aragon Chapel, Nebb•street, Bermondsey, exhibited articles of the peace against Mr. John Jenning , . It appeared that some years ago Mr. Jennings left his wife, who not hearing any tidings of her husband, was cmverted, re-baptized, and even married her Pastor. Mr. Jen nings returning to London, sought out his rib, and claimed her. In doing this he had been very violent at the exhibitant's house, and even at the Chapel, %%here he produced a pistol and threatened to blow out the Pastor's brains.—The defendant was ordered to find bail. A fellow was convicted of having circulated bad shillings. I appeared he had engaged pretty exten sively in the Borough ; twelve bad o:tes were found in his possession.—The Court sentcnced him to be imprisoned for twelve months. The Counsel for the Prosecution—" Now, pri• sorter, let me give you a few words of advice. You know that you have been only a month out of New gate for a similar offence. Now, when you come out again, take better care of yourself, as you will the nest time be prosecuted capitally." ' Prisoner—" Now you're wrong for once. It is two years and a half since I was last in Newgate. I thank your Honour for your advice, and shall, I hope, benefit sufficiently by my experience, and manage better to keep out of your way for the future." BOW•STRlET.—Yesterday A man of respectable ap pearance, who gave his name James Cunninglon,was charged by Henry Swann, Esq. with assaulting and annoying him at various times, by threats and other-' wise. Mr. Swann stated, that he had known the pri soner for some years, he was formerly coachman to a Gentleman of his acquaintance,who,.at his decease, left an annuity of £3OO Or £4OO a-year to a woman whom he had kept. Tht defendant, at the demise of his master, joined company with his ci-devant mis- 1 tress, and they together hired a farm on an estate of, his (Mr. Swann's), in Huntingdonshire. When the defendant went into the house he paid £26 for fix tures. Witness found him a very bad tenant, with respect to the payment of the rent, and, after he had been there more than seven years, he was under the necessity of levying a distress, but, though it was in harvest time, there was not sufficient property found to discharge the rent. At length the defendant en tered into an agreement to quit the farm, and when he had done so he required that the £26 he had paid on entrance, for fixtures, should be refunded. This he (Mr. Swann) refused, but offered to p,ay him what ' ever sum an appraiser should value them at, the de fendant having had the use of them for seven years. The defendant persisted in his demand, and for the last two years had taken every opportunity of insult ing him in the grossest manner. When Ins met him in the street he pointed him out to the pas;engers witb—c , This is the Member of Parliament who was convicted of bribery—this is Mr. Swann, of the King's Bench ;" and he had carried his abuse to such a, height sometimes, as to oblige the witness to take rouge in a hackney-coach. The defendant had also sought him out and insulted him in a similar manner at some of the Club-houses in St. James's street, in the presence of his friends, and had even threatened to make his appearance at the House of Commons, and expose him, as he termed it, there.— That morning he had met with him accidentally in the street, and, experiencing the same treatment, had walked into this Office to claim protection.— The defendant, in answer to the charge, said he had a right to the £26, or he would not have demanded the payment. Mr. Swann, he said, was as violent as himself, and had once, at a Club-house in St. James's -street, seized the poker and threatened to annihilate him.—Mr. MINSUULL, the sitting Magis trate, said, the complainant must recover his money, if it was due, in a legal way, and not insult a Gen tleman in the manner Mr. Swann had described. His conduct was most gross, and he must give bail. The :defendant was ordered into custody. In consequence of iafornuttion ) constable COA L MARKET, Mc. 5. Ships S.:11 37i Pn:e. 554 (S,J 144'4 . 76s 6.1 to 4i , ! 1 371 od to 0_11". - • MAILS Tli IS DAN.....-A RR. DUE. X 1456 1)1: . ./ e il 1 0 ',Mum 0 WatLrford 0 3 France 0• 1 0 $ 6 urrn4ey anti Jersey 0 tit liaanburgh lion:rid 0 4 Gittenburgh 0 $ FLTlLiers 0 0I I zew•ad hilands 0 0 Malta 0 0 1 Janu -- ica 0 $ - 111G1 " ATRIC i LOW 00:1 I;1111) 1 ; li 10. JUN itir name - - 0 -.lint.:* 4 bra Afternoon - 32 --------• 0 ---I -- _ LONDON; Plaited and published by LPL& NIA glace, Ttanyle-Jilt. \ r~ .": ,11 Ix II Si r ra. Ili u