The National Register. — London, England, 1820-07-23 00:00:00

acted from motives of self-defence, under an apprehension that his own life was in danger, he would he entitled to a general verdict of not guilty ; second, it they were of opi• Dion that the discharge of his gun was not roily not necessary for self-defence, but a wanton act of malice towards the deceased, then they would find hum guilty of the whole charge of wilful murder; and third, if they were of opinion, that lie acted under the impression that clischargin4 his gun . . . was necessary for his defence, but that he did en incautiously and hastily, then they would fled him guilty of manslaughter. The Jury, after hearing the whole of the evidence reca pitulated by the Learned Judge, deliberated for about five minutes, and found the prisoner Guilty of Manslaughter. The Chief Justice, in passing sentence, expressed a hope that the awful fate of the deceased would be a wholesome warning to gamekeepers, iii the discharge of their duty, not wantonly to deal with the lives of their fellow creatures, even though they might he engaged in an unlawful pursuit. The Court, taking into consideration the imprisonment which lie had already suffered, adjudged him to be further imprisoned in the County Gaol for the term of nine caleudar months. This was the last case in the Calendar. TIMMERLAKE, V. Slit THOMAS NRATZ, DART. This was an action against the present High Sheriff of this County for a false return of Italia bona to a writ of flea fa ciae' issued ut the suit of the plaintiff, upon a judgment ob. tatned by him against the goods of William Pole 1) limy Long Wellesley, Esq. The case was this :—Mr. Wellesley finding his affairs greatly embarrassed at the beginning of this year, and his person being an longer protected by the privilege of Parliament, lie determined to convey his life interest in Notated-house, and moveabies therein, to trustees for the benefit of his creditors, to whom, about 20 iii number, cir cular letters were sent, inviting their attention to the terms of the deed, fur the purpose of signature. The trust deed was executed on the II th of May, the principal provisions of which were, that all she property above-mentioned was to be conveyed to the trustees, a il!I the power, at the expi ration of two years, to sell the same, or sooner, if required, by Mr. Wellesley, for the purpose of dividing the proceeds rateably a fffff opt his creditors, according as the dividends should be received ; that in the oilcan time the creditors were to engage not to molest his person until the Ist of June, 182 d. About thirty creditors, whose debts amounted to about 25,0001. signed this deed. On the miming of the day it was executed, the plaintiff, whose debt amounted to shoat 30001. received verbal notice of the meeting of the creditors, but he dechued attending without the advice of his attorney. 'f he draft of the deed bad been executed by Mr. Wellesley at Calais, whither he had gone to avuid ar rest. Under the advice of his Attorney, the plaintiff, nut withstanding the execution of the deed, proceeded in his action, and obtained judgment. and a writ of *Hilda, was put into the detendinit's hands to levy the amount ut the effects :it AVanstead House. The Sheriff' instead of executing the fleet father returned nulla bona under an iiidemnity from the trustees, and the question now was, whether the deed above-inentioned was operative against creditors who had not signed it. The Chief Justice ruled, that if the deed in qnestion was Irma fide executed for the benefit of all Mr. Welles ley's creditors, those who refused to sign it si etc barred front levying upon his effects, because that would be giving them a preference in prejudice of the other cre ditors, and his Lordship, according to decided authori ties, was of opinion, that want of notice of the execu tion of the deed was no objection. Tbe bona Jules of the transaction was a question fur the Jury, and his Los &ship was leaving that question for their consideration, when Mr. Nlarryatt preferred being non-suited, and the plaintiff was accordingly nonsuited. There were four oilier actions of the same nature, at . the suite of other hostile creditors, and its all these, ex cept one, the records were withdrawn. In that one the the plaintiff preferred being nonsuited, in order to take the opinion of the Common Pleas, out of which the re cord issued, npou the Chief Justice's decision its point of law. We report this case not from a feeling of co 1111 l iise ration for a worthless fellow, who with a princely fur tune is obliged by his misconduct to become a beggar, for forbearance from honest tradesmen who have been duped into giving him credit : but from the novelly of the law laid down by the Lord Chief Justice, which is certainly at variance with what has heretotare been deemed law. Does his Lordship mean to assume that the signatures to a deed of assignment of a majority in amount of creditors is binding on the minor ant , ,unt ? No LAWYER has ever held this to be the case, what ever the It corned Lord Chef Justice may rule—if this be law, the Bankrupt practice may as well cease at °ace. acquitted. BERKSHIRE. At the Assixos for thel7l;;;(louTty holden at Abingdon, Ir. fore Mr. Justice Beat and Mr. Justice Richardson, 14 prisoneis were capitally convicted : They were all reprieved b. fore the Judges left the town, incept one, who is left for execution. A Cause of Defamation of Character came on, in which the plaintiff alleged she had been disappointed in her matri monial views in consequence of being defanwd. The defend dant was a relative of the parties, and had said," l'd have yua take care, fur she is no great catch." The cldevant lover was culled by the plaintiff's attorney as a Whims, and oil his crawl-cxanimation acknowledged that said attorney hal read over the declaration to him, I had instructed him to be very particular iu explaining the word "catch ;" that lie imileistood it to mean she was übtit to heroine his wife; (he purport of this was given to witness, in writing, by the attoines. The witness on fin th. r examination ac knowledged, that had , he known plaintiff's age he should nut have married her. On this the Judge said there Wall an rod of the action, stud ordered the auto Hey to be committed. HERTFOKI)SHiRE. Joseph Ramsay, a buy, was convicted of stealing a 51. note, the property of Mr. Saul, ha employer, M ho is a far m r at Hitchen. The note, it appeared, had been left carelessly in a room, and the buy, M Ito had heretofore conducted himself honestly, was overcome by the tempt•'• thus presented to him, and pocketed the prize. When he hail giu it he did not know its value. Ile was fined Is. and discharged, Mr. haul promising to take him into his service again. suer 72.1:1:A11.1NG. Wm. Slough, aged 3i , and Thomas Young, aged 15, acre capitally indicted for stealing seven ewe ►heep and fora lamtp., the property of Mr. John Walt him, n farmer, of North Mimms, in this county. The only evidence against ilw pi isomer Young war, that he assi.tetl in conveying a• ay the sheep after they acre stolen. The evi- THE NATIONAL REGISTER. deuce was perfectly conclusive against Slough, and he was found Guilty Death. Young sus acquitted. Joseph smith was indicted fur stealing two sucks of oats, the property of NI r. George Tordham, of Kristian. He was WINCIIESIEIt, JULY 20. Davenport and others, Assignees, v. Carter and Curry. This was an action arising out of rather peculiar cir cumstances. The plaiiithis are the assignees of a bank rupt of the name of Hawkins ; and the defendants were the asJlguces under the commission against the Ports. month Bank of Minchin, Carter, and Kelly, which was slyer:Jetted on the ground of concert, and are also the assignees under the commission subsequently issued.— The bankrupt, Hawkins, was indebted to the Ports mouth bank in the sum of 2031. and being pressed for payment, under the first commission, gave a draught for the amount, which was duly honoured. Ott the bank ruptcy of Hawkins, the plaintiffs, as his assignees, upon the first cm 1111 l ission of Minchin and Company being set aside, called upon defendants to refund the money, on the ground that they were not authorized to receive it, and therefore could only hold it to the plaintiff's use.— To this the defendants replied, that, by the subsequent commission, the proceedings under the former com mission were rendered valid, and, therefore, that they were entitled to hold it for the beitelit of the creditors.— The question to be decided was, whether the assignees under the superseded commission were personally liable? and the learned judge (Mr. Baron Craham) held, at first hat they were not; but the further hearing of the case being pressed, the learned judge charged the jury in fa vour of the defendants, admitting, at the same time, that he mi ht be in error, but that his opinion might be re viewed by the (out above. The jury returned a verdict for the defendants. sunhurr SESSIONS, Jitly Yl. -...•....- Ann Williams, a young woman of very interesting appearance, was tried upon an iodictment, charging her with having feloniously become possessed of a large quantity of tea, the property of John Peers, tea-dealer, of High Street, in the Borough. Toe prosecutor said, the prisoner ordered at his house that a quantity of black and green tea should be sent to Silver Street, where she should pay for it on delivery. He sent the tea, but never received the value of it, nor saw the tea afterwards until he saw it in the possession of an officer. Forrester, the officer, produced a quantity of tea (the prosecutor identified it by his writing on the covers) which he said he had taken from a man named Foy, on the cJotli of March, at night, near Petticoat-lane. The Counsel for the prisoner contended that no case was made out The Chairman said, that if the prisoner never in tended to pay for the article when she ordered it, her offence was entirely felonious.—Guilty.—Seven years' transportation. Monday, a gentleman, who stated that he resided many years at Pentonville, came before the Magis trates in Hatton-garden, and gave the following information :—that between ten and eleven o'clock the night preceding, he was attacked in Spa-fields by four men, who knocked him down, and robbed him of 20s. and some other articles he had in his pockets, which they cut open with a knife ; and after beating him unmercifully, one of them at tempted to cut his throat, which he prevented by putting up his hand, which was cut across ; the assassin then gave him a couple of stabs, and left him for dead ; he gave a good description of the villains, and said he should know them again. TROTTING MATCH.--The match of sixteen miles and a halt; in an hour, having been trotted in har ness, last week, a gentleman named Hardinge, un. dertook that his groom, a light weight, should drive the same distance, and the match was attempted on Thursday, on the Colchester road, for 200 guineas, in a vehicle constructed for the purpose; and although the horse was faster than the other, he had not the strength.—Half the distance was pertbrmcd in twenty-eight minutes and fifty-two seconds, but the horse lost ground in the next four miles ; and the owner, rather than distress the animal, ordered him to be pulled up, when he had five miles to do in sixteen minutes. FREEHOLDERS op the course of MO days, there have been registered near Seven Hundred Freeholders. And, we expect, in the course of the next fortnight, that the number will be trebled. This is a fearfill consideration for any future candidate that may start up on the Orange Interest. For though these Freeholders cannot come in during the next election, they will form a dormant power, ready to spring into activity at any moment after six months. Tuesday night, as a gentleman going towards his residence near Vauxhall, was walking across the road (late a field) at the back of Lambeth-walk, leading towards East-streer, he was surrounded by five or six desperate fellows, who threw him down, and covered his head and face with a piece of carpet or rug , and rifled his pockets of his watch and seals, and a lso r of his pocket-book, containing 71. in notes, and valuable tuemoninduins. A Protestant Clergyman, at Rome, has written to his friends on the banks of the Rhine, stating, that the Pope har permitted the public exercise of the Reformed Worship, in an open temple, ia the Raman Capital. SHIP NEWS. -ow WO On Monday last, about ten o'clock in the mlrn - ing, Mr. Henry Wigg, a deputed mariner of th e Ranger cutter, in the berviee of the Civita at port, seised, on the beach near Hi:nacre Sluice, in Suffolk, 41 half ankers of Geneva, at the seine time observing an open boat lugsails at sea, about one hundred yards from the beach, he boarded the said boat, and found her to be the Chance of Folkatonc, having five persons on board, and having landed the Geneva above mentioned, he made seiatire of her, with her tackle, apparel, and furniture, and brought her and her said cargo into Yarmouth. WIUTBY, JULY 17.—Last night, during a thig fog. three brigs, with coals, got on shore on our coast. They are said to be got off. and proceeded. FALmOUTII, JULY 16.—Arrived the Camden Packet. with mails from New York—sailed on the 9th ult., and from Halifax on the 21st. Oa the 9th, off Staten Island, spoke the Magnet. Mackey, in3o clap from Bristol, with two masts sprung; on the 17, found at Halifax his Majesty's ships Mersey, Rear Admiral Griffith.; Phaeton, Castillian. Drake. and Swift. The Princess Elisabeth packet lett there fur New York on the gist. Also arrived the William, Stewart, from Tetragon*, in 50 days, for Guernsey. Arrived off the port, the George, liibberts from Ana tigua for London—sailed on the let ult. ; and the James. Lang; Golden Grove, from Jamaica'. About Su sad of vessels passed up yesterday. Extract of a letter from the Agent to Lloyd's at Gibraltar, dated 96th June.—" By the arrival of the United States' vessels of war Peacock and Spark, from Leghorn and Algiers. we learn. that information was given to them at Leghorn 19 days ago, by the American Consul, °fan Algerine squadron being at sea. con sisting of two sloops of war, two brigs. one schooner, and ono row galley, and that war had been declared by the Regency against Tuscany. The Peacock and Spark went in consequence to Algiers, and ascertained this information to be true, but could get no tidings of the course the squadron took. although they boarded every vessel they met on their way down here. It is the opinion of the American Officers that the operations of this force are directed against Tunis, with which State the Algerines are in houility. I am much inclined. however, to think ' that their plans are direeted against the weakest of the Italian Stales, and that we shall shortly hear of numerous captures." Extract of a letter from Valparaiso,-dated March 25.- 64 A vessel from Lima arrived last evening and reported that Bolivar had defeated the Royal Army, and•Wtea the city of Quito, with a considerable fo ea It is stated, that no more English ships • are to be allowed to enter Lima, after this pedal." Extract of a letter from Buenos Ayres, dated 9th April.— v. When Lord Cochrane was off Guayaquil, he had a commu nication with Bolivar, who was at Quito with 8,000 men, and General San Ander°, with an advanced guard, was at Creuca, SO miles from Guayaquil."—ME wt. The Montezuma, Lord Coch rane, arrived at Valparaiso 6th March. front Valdioca. The Despatch. Simmons, from Boston to St. Sebastian's, was • stranded near Aveiro the 13th ult. -.. The l‘ary, - u - :l:‘at,irnrlT -- Waterfwed tot Quebec, was lost the 2.1 d May, near Cape Gaspe—crew and part of the materials saved. — We Good Intent. Harm. from linierpool to Wyburg. was totally lost on Falsterbo Reef. lot instant; crew and materials hand. . . The Louise, Bedrin, from Havre to Martinique. sunk near Cape Ortigal ; crew saved and arrived at Ferrol 4.34 ult. LOSS OR THE BRIG WILLIAM AND MATTHEW. 'From the Board of the New England Coffee House.] . 4 Barrington. May 19 1 gl auoci to. " Gentlemen,—l am sorry to inform you, for the ino of those who may be interested, that the brig William and Mat thew, Captain Evans, from London, was wrecked dot the night of the 14th instant, on Cape Negro, and what adds to the min. forte= is. that E. Winslow, Esq. the principal owner, in his anxiety to reach short was drowned. with one of the seamen; the vessel is now in chips, and from the continued violent:sof the easterly wind, and the nature of the place. very little has been saved • not a single article of woollen or cotton goods has yet appestat. I have, at the wish of the Captain advertised the few articles saved. for sale on the 23d inst. The body of Mr. Winslow has not yet been found, but L. hue offered • liberal reward for it. and if I succeed, shall carry him to Shelborne. and inter him with the respect due to his character and connections. Whatever appears to belong to him shall be faithfully taken care of, and transmitted to Si.. John'.. W. ROBERTSON. " N. B.—Not &letter saved.' WHALE-FISHERY. HULL, JULY letter from Bremen, waived here, . states the arrival at that place of the ship Bremen, from Green landovith 6 fish, and 120 tuns of oil. She left the ice on the 23t1 ult. The Captain states, that the other Bremen vessel, have not been successful, one of Clem having but two fish.—The following Hull ships we mentioned, viz. Elam, Lee, on the 17th ult.. with 8 fish, 150 ums; North Briton, Allen, on the same day, 7 tish, 100 tuns; Betfin, Scoresby, on the 19th, 4 fish. 32 tuns; and the Albion, Humphrey, same day, 4 fish, 30 tuns. Hum., Juts 19..—A letter received here this morning by Messrs. G. and J. Eggingwn. from Liverpool, from the owners of the Baffin. Scorcsliy, which Captain Scoresby sent by the re Bmen of iiteMell. MAWS the success of the following Greenland russets:— _ . _ H tri.t..—Albion, 2 fish, 3s tuns, 19th June; Aurora. 2 lir 3 fish, 6th June (stove); Cato, 9 fish, 36 tuns, 7th June; Cicero , i fish. Ist June • Gordon. 2 fish, 26th May • Duncumbe. 3 fish, let June; Elis a beth, fi sh. 7th June; Eagle. 5 fiXh, 7th June; Exmouth, 8 fish. 7u tuns ' 19th June ; Fame. 8 HA, 45 tuns. 7th June; Gardiner and Joseph,. 2 fish, 2u tuns. itith Junes Gilder, 3 fish (small). 2tl June; liarnaohy, 8 fish (large), 7th June • Ilighliyer, cliran e itli June; .lane, 2 fish, 7th June.; Laurel. x fish, 26th May; Lord Wellington. 2 fish, Vtith flay , Mafiehevtee. *fish, 7th June ; Mary & Elisabeth, clean, Ist June; Mercury,7utune,7thJune;Margaret,3fish,7dhJune; Neptune; 12 fish, 90 tuns, 3tl June; Prince of Brazil, 2 fish; Rachael and Alin, Bor 9 fish, 7th June; Shannon , 2 fish, 16th June; Thornton, 7 fish (small), 26th May; TrafAlgar, b fish, in June; . Unity. Bor 9 fish, Ist June; Venerable, 19u tuns; Walker, Li Lon:init.—Hope, loot, crew saved; Inverness, 9 fish; Ling George, 9 fish. WHLT,112...E.A. 2 fish, (small); harmony, ♦ fish ; James, 3 fish (small); ;Wm, 2 fish (stove); Volunteer, 35 tuns. Ltimaroot.--Ballin, 8 fish; James, 8 ; Lady Forbes, 9 fish. ABLADIE N.—Don, 4 fish; Jane, clean; Neftuna, clean. rEaucap.--InvitaiLle, 4 fish (tarp); Mary, lash; Per. IWVCTIDCI2, ash; Resolution, clew;. Supasine, t Ash. fhb. GREENocc.--Joha, 9 fish. Letters from St. Thomas, dated.lsth Junsi report . that the Independents on the Spanish Maim hay. agreed to the propositions of the Cortes, and haes . settled the differences between them.