The National Register. — London, England, 1808-11-06 00:00:00

19. ly t to. ; sist to crc [•. t ro- he; the of di- , tdc toti m- old for ich rail ugh our ex• hz,t cad the t Le war p!i- -• h- cot ttk the un- nee lall no to hat tote trot bite tole are our r. hiic neJ 6.- not to shrink, in apy wax, ti:Otn‘lite proposed inquisition s nor will delinquency be spared, ,ben once facts shalt bare been f i i r ly ascertained: LAW REPORT. COURT OF KING'S BENCH, GUILDHALL, Nov. 3. WoLE AND WORKMAN V. TANTILR AND TONLINSON. This was an action to recover the sum of 22,0001. for money advanced to the plaintiff's uuder the following ' cumsfances :—The defendant, Tanner, was a ship-builder at Dartmouth, who was in the habit of building ships by contract fru. Government, and by adeed, executed in 1804, Tomlinson, the other defendant, joined him in partnership in ail the Government business.—The plaintiff's, Wolf and Workman, were Merchants in London, whO negociated their money matters in London, such as receiving their bilk from the Navy Office, getting them cashed, and an •a ering drafts drawn by the defendant, from Dartmouth, is the course of which they had made advances to the amount claimed, and also tor a 1/. per cent. commission upon the sums paid, provided it did not fall short of 3001. per annum. The defence set up by Tomlinson was, that it was an usurious contract, and that there was no partner ship between him and Tanner. In support of the first it was contended, that the I/. per cent. charged for commis sion, was but a cloak to take more than 51. per cent. for the money advanced. In respect to the second point, an affidavit was read, sworn to by the plaintiffs in another e3use, in which they both deposed that they knew the deed of partnership was but a cover to conceal other usu rious transactions between Tomlinson and Tanner, and that it was intended to secure 5 per teat. above legal inte rest, on a sum of 10,0001. advanced by Tomlinson to Tan- ' ner ; and it was stated, that this action was now brought by the plaintiff in hopes to recover against Tomlinson, who was solvent, their advances made to Tanner, who had be come bankrupt. Lord Eilenhorough told the Jury there were two ques tions for their consideration ; first, whether the defendants were rightly sued as partners ; and, secondly, whether the I per cent. commission on Ihe money advanced was a pre text to take more than legal interest. With respect to the hrst, he said it was clear that the plaintas had, in their i.ari affidavit, stated, that they knew the partnership-deed mls but a fabrication to cover other purposes; and he inti %arca that his opinion was, that the transaction was alto t;ether usurious. Two or three of the Jury, however, inch was a spevial one, stated that it. was a common prac tice in London for merchants to take a half per cent. corn loission ou money transactions, as a compensation for their trouble. The Jury withdrew, ane, after a long consultation, found %erdiet fur the plaintiff:. NA UT (('A L INT ELL((: ENCB• The Havre gun-brig is arrived at Yarmouth. She sailed nom tiottenhurgh upon the 2Sth oh. on ss ltieh day Sir J. Saumarez ar errived there in the Victors . . The w hole of the lirish fleet has left the Baltic, and may he shortly expected in a Wi I iOl port. !.!ioul , l His R o yal Ili g hnes , the Duke of Clarence hoist his flag as Commander-in-Chief of the British fleet, in the Mediterranean, awl the Wegtern Coast of ts.nrope, to Cape Finis:erre, Admiral %ewes wilt accompany His !Loyal highness, as his Captain Of the Fleet. I'he tioliah and Calyre, belonging to the Baltic squadron, arrived at Yarmouth on 'llinr:das, but the surf was so high, that no communication could take place between them and the The Swediili fleet has returned to Carlscrona in a very sickly qate. So great a mortality has prevailed on board it, during the last six weeks, that if even the season were favourable, it could lint po“,itilv have kept the sea much longer. On the '46th ult. a convoy arrived at Gottenbiirgh, from the flaitic. Several of them have been a-grotind ; three of the fleet Lurnt by the Danes . one . orthem, a Itu. , sien vessel, has run e: .hure at Eissburgli, by the terrible storm we Wire hzl.l. TIIE RATIONAL REGISTER. POLICE. SINGULAR CIIAROE. . 1301V-STlLEXT.—Yesterday a charge Of a very noiel ii tire. was exhibited against Mid Sarah P. a maiden lady, of chnsi. derable fortune (for robbing her own servant) who keeps house in Barnard-street, Russell-square, and.a number of ser vants. It appeared that Miss P. suspected that some bottles of brandy had been stolen, and on Thursday, between one and . two o'clock; she was going over her house in search of the brandy, partkularly the servants rooms and boles; she called to Alar tha Kent, one of the servants, anti asked her forthc key 'of het box t The girl said she had it, and was very readily giving it to her mistress, but Miss P. observed, that she need not do it. a,,. when she was moving the box by the lid, it came open in her hand, and she was satisfied the brandy was not there. Martha Kent returned to the kitchen,. but it immediately struck her, at her box was open, to ascertain if all her things were safe, and on her examining the box, she found that the lid had been broken open, and that all her clothes were safe, but that cash and notes, to the amount of 16 guineas, had been stolen, whith she saw in the bqx the night previous ; and Mary Dixon, the Cook, saw the box safe, and not broken, a short time before I%li•s was at it. It was urged by Miss P. the improbability of her taking the money, and that all the servants, as well as a bait-- dresser, who had been at her house that morning, bad access to the room where the box was. Mr. Rend, in reply, observed, that the servant had lived with her betweeu five and six years, consequently site had approved of her conduct, and as such her testimony unimpeached. It was dear the box bad been broken • open, and she (Miss P.) was the only person found near it, and ; ' she acknowledged to have been at it; with these facts before him, it was impossible for him to discharge her; bon evez, c qi the application of her Attorney, she was not committed, he e,.- gaging for her appearance on a future day. ACCIDENTS, &c. CORONERS INQUEST.—An Inquisition was taken yesterday at the Bush public house on the Enfield road, on the body of Francis Herd Bingham, whose death oils occasioned on the preceeding day, whilst contending with a man of the same of James in a casual combat. The parties had disagreed on the road in consetmerce of Bingham who was a driving a cart not having given suficl.•nt room for James who was driving a single horse chaise, to Some words arose and according to the testimony ofa person of the name of Kemp who was in company with James, Bingham struck him with a whip, and a tight ensued. The combAtains beat each other severely, and some heavy fails were given, and it was the opinion of a medical man it was our of these fall►► that occasioned Ilinghams death. lie survived the combat 24 hours—Manslaughter._ _ _ The fortune teller Joseph Powell, who is sentenced to one years imprisonment and u hippiag, on Thursday underwent his sentence, behind the tail of a cart from Mutton-lane, Clerken well-greNi, to the end of A!A,bury-street. lie had been four times convicted of the same offence ; he endeavoured to evade his sentence by pleading ill health, but his plea was not attended to. Jacob Moses, a sable son of Ham, was also accommodated with a whippinx from the Sessions liouse to Back bill, pursu ant to his sentence, for defrauding several tradesmen. The scene of punishment was crowded by spectators. On Tuesday night a servant of Messrs. White and Co. Choco late-makers, in Greek street, Sobo, fell from the street down the area which had been incautiously left open. Hewn &cad full:i lacerated by the fall and is not expected to recoil*. 131 fail. On the IA just, at Lindley Hall, Leicestershire, Lady Caro line Capel, of a daughter. M RR/ ED. At Elloughton. in the county ►,f York, J. W. Lenthal, q. of the Third, or King's own Dragoons, eldest sem of J. Lentt-ti, Lsq. of Burford Priory, Oxfordshire. to Frances Mary, eldest daughter of the late Thomas Terry, Esq. of Beverley. DIED, On the 6th ult. at Aberdeen, Mr. Charles Reid, many "ears Collectors Clerk of the Custom:, Montrose. On Saturday morning, in Park-steeet Westminster, Mu. White, the wife of Georg() White, Esq. On Monday last, at Rails', tnowlsaiteratty vgiettdd M.s. Alanit, wife of Admiral Mann, r • ,~ ~..- ... . p PPG - 4 A. '~ i~ a- i" ,~ . .~:... tit