The National Register. — London, England, 1822-08-26 00:00:00

f I'MOM TUESDAY GAZETTE. BANKRUPTCY ENLARGED. J. Rider. Wincile.ter House, Broad Sum, mention. from ♦ug. tit to Oct. BANKRUPTCY SUPERSEDED. J. Peyton, bbrisichuteit. Southampton. draper. BANKRUPTS. H. 3. Ellis. Norwich, linen draper. Solicitor, Mr. ling, Sergeant's Inn. Flest Street. W, Wycherley, Trefneat. Shropshire, farmer. Sol. Mr. Baster, Gray's bin Place. G. Par.-ens, Liverpool. sail maker. Solt. Messrs. Adlingion and Co. Bedford 11 ,, w. I'. Moore, Paddington, salt merchant. Sol. Mr. Donne, Prince's btreet. Spiralhelds. G.. C., and G. Rie, Manifold Place. Newington Buns, corn merchants. Sul. ilr.Jasues. Walbrook. DIVIDKNDS. Sept. 17. R. Fenner. Paternoster Row, bookseller-4C A. Prentice and T. Shelley. Manchester. muslin manufacturers-. IL T. Llaridann and J. Milligan. Liverpool. tiierchants--16. H. Lowe. Mae.ciodield. hatter—lD. P. Forster. tacat Yarmouth. buokscller-24, A. J. Smith and I. Shepherd. Brierley. Stafford ohne, iron maitets-16. T. Moore, &monsham. Herefoidslaire, farmer—t 2. J. Moore. Kingabrompton. Soinersett.hire, dealer Ist, T. Hotricks, Hippondale, Yorkshire, bleacher. CKIITIF.CATKS to be granted Sept. In. T. Whitehouse. Westbromoich, Staffordshire. miner—U. Finch. Cooper's How. Crutchedfriare, wine merchant—J.. R., and J. slimmer, Birmingham, button makers—S. and H. An drew. Nlickletteirat., Cheshire, wooden manufacturers—E. Chit • tendert. .441iibrd. Kent. itonnumger—T. Utley. Clare. Suffolk. ineaster—J. Watson. Tothmain. Westmorland. dealer—G.Bell. Brampton, Cumberland. grocer7-G. Lowe and B. Coben, Man chester. Moan manufacturers. LAW INTELLIGENCE. COURT OF CHANCERY. NOSDAY, AUGUST 19. rII ACTICR OIP TILE COURT. Mr. Hart, as soots as the LoritChancelior took his seat this omitting. requested his Lordship to hear a 00000 into, although he was aware that Isis Lurd►hip, about a fort night ago, had announced his intention to hear nothing but banks opt petitions until the Conn lose for the holy days. The Lord Chancellor said, be had no objection to hear this or any other motion, but his attention had been so ninth ha d dnring the last ten mouths, that he feared lie should not be able to do justice to those cases if Ile should hear them. He had cositioued to sit farther intu the long vacation than ally of his predecessors; hat it was a duty he owed to suitors nut to apply his attention to the divalch of bestow, if he knew that he could not duly perform it, and really at present he had not sufficient strength to enable him to do so. Besides, he had an al fectiouate regard for the lives and comforts of the gen tlemen at the bar, and he remembered that when he was at the bar Isimself,he had no inchuation to be put to death Sur the want of a holyday. _ DISISHAN V. OTREET. Ottr readers will recollect that a short time back two young men, named Horatio and K , were coal mitted to the Fleet Prison, fur a conteuipt of Court, in the case of Miss Drusilla Stree tile loonier by having car ried off a ward of the Court, and the latter by haring lent him assistance in the entei prise. One day last week, Mr. Hart asked leis Lordship to appoint a day fur hearing two petitions he this case--thefir , t from Mrs. Street, the mo ther of the ward, praying that she aright have access to her daughter, which had been prohibited hy an order of the Court; the second Irons the brother of Horatio, pray ing to ire released from confinement, on the ground that it had produced and was producing the mast fatal come smelters on his constitution : this petition was backed by an :thdavit front a medical gentleinan. The Lord Chan cellor named to-day fur the hearing of the petitions, and, by the desire of the cosine' on bulk sides, the case wa. argued in his Lordship's private room. The result we uuderstood to be this.—ihat the petition of Mrs. Street was rejected, and the prayer of that of the brother of Horatio granted, upon condition that the petitioner was to have uu communication whinever with Misr Streit L. IN THE MATTER OF BOYLE, A BANKRUPT. Mr. Montague, in moving that the co 11111 l fission of bank ruptcy which lied been issued against Mr. Hoyle might be supeiseded,stated the following rather surpii-ing facts:— The bankrupt had, chiefly by has own exertions, paid off debts against the estate to the amount of 910,0001. There were now only two iniclaitued debts rensioultsg, ilasount tag to only 14,011t11., to satisfy which the assignees had wine than sufficient effects in their hands. The Lord Chancellor said, t h at if the commission were to be superseded, it must be without prejudice to the two ouustanding claims or to the acts which had been does by the assignees under the commission. Mr. !shadierll. on the part of the assignees, said, he was Instructed not only nut to oppose the motion, but to state publicly Mat his clients considered themselves under the swamis alsltgattuu to Mr. Boyle, to who., exerlious It was owing, that after satistying all claims against the estate, three now remained a surplus of 600,0001. The Lord Chancellor, on granting the inution,observed, that ti.i‘ was worth all the bankruptcies he ewer heard oh ha his lite. IN Tlll BATTBU OP TUB BARI. OF PORTSISOUTM. 'ltse Attorney-Glencoe! said, that eel tutu affidavits had been tiled on the part of his clients winch he was devisouv that his Lord,hip should perms.. Time Lord Chaster-dor.— Send them to me, and then I shall be able to judge what time will be necessary to ena ble the other side to reply to them. 'fire Attorney-General thought that if his Lordship read the affidavits, particulasly those of four mechral Men, he would he of optuion that this wall a most import►nt case. Ise Lind thancellur.—l wish to God that any other prisms bad jurimlictsuo to try this case than noyNtlt ; I cannot tut stet what omitted formerly, when adi tasks outfit:tent to cuuviuce any roam of a tact were all die. proved, Mr. Heald complained that he had been farui•bed with copse's or only a part of the affidavits to which the Attar ney.Ovnetal had allotted. Fusin what be had Steil of Imre which bad come under hitossotice, however, he women it might be hill ditty to refer thew to the Master, aa us der to ascertain whether ceitain reflections which they coielaissed impost third pm ties its uo way coustected stss the mit, should nut be expunged. 11.. Wrists rehl was of upistassu that the conduct of third pudes would he foaud very sawterial to the cases The Lord Caeocellor said that it 'Mint be a (minims whotror the Amasser is *Web the Earl et rativaesta THE NATIONAL ItE(IISTER, lived with other persons was not indicative of the Maio of his mind. Souse desultory mud unimportant conversation here took place between the different counsel engaged in the nese, in the coarse of which Mr. Heald spoke of the Earl of Ycrtsmoatb es an alleged lunatic. The Lord Chancellor, who bad not heard the fo►mer word, (legged that counsel would not call the Earl a luu• tic. Hr knew well, that when be had formerly occasion to try whether he or the Earl were the best arithmetician, his Lordship beat him (the Chancellor) all to nothing. His Lordship then directed that copies of the affidavits should be given to Mr. Heald, and that 'the original. should be *tut to him or this day week. Volta. BOW STREET. THE Kiva e. Brioogs.—This case came on for a final hearing, before Sir Richard Biotic, on Monday last, and occupied almost the entire morning 'Flit office as on the former occasions, was crowded almost to suffocs two. Mr. Platt appeared as Counsel for the priinner, and at his request the whole of tile evidence already taken was read us er. Mr. Alley then shortly stated the grounds of his opi nion, that the crime charged upon the prisoner amounted to forgery, and stated that he 11.1 1 Considered the poinit more 113111114 . 1 y since the last examination, but he was still, amd should be it he considered until dootioday, of toe saute opinion, with respect to the law of the Case. Mr. Ward a tradesman, residing at No. 5. Clare street, Clare-market. depriaeil. that on the day before the prisoner was to appear upon a summons before Mr. Jus tice Best, to produce the check in question, he (Brookes) called upon witness, and producing a check, with " tt us. ("Lake" tailors d upon the back, as':ed him if that was Clarke's hand-writing, and he replied in the affirmative. Brookes said he understood witness was going before the the Judge, to be examined, and told him to mind What he said, for, " so help him God," Clarke had r. ceived the money for which the signature purported to be a receipt. A copy of the check, alleged to be forged, was handed to the witness; he said it was a copy of the one which Brookes shewed hun, when he asked respecting the hand-writing. Its cross.examtnation by Mr. Platt, he said that Clarke called upou him about a fortnight before his interview with Brookes, and asked him if he could prove his hand writing, and he said he could, having known Clarke for so years, and often seen I • vrite. Mr. Platt said it was imp:rative upon a prosecutor to produce the very lien evidence that could be found, and that had not been done in the present instance. A search ought to have been made for this check, and the other side had had ample opportunity of doing so. It was not enough to say that the check had been destroyed— evidence of that fact ought to oe adduced. The next ob jection which presented itself was; as to the nature of the instrument : and he should contend that it was not such one as came within the statute. It was not a rikeipt, but merely a memorandum. The third and last ohjection was, that the other side ought to have produced the Banker's Clerk who paid Inc check, in ostler to prove whether or not it bore the indorsement of Witt. Clarke on it at the time it was presented; because, if it did, it would be strung evidence iudeed its favour of the prisoner. Sir It. Birnie observed, with respect to the first objec tion urged by Mr. Platt, that he was aware there had been cases, particularly that of die King v. Scott (cited at the last examination), which had failed on account of the :ion-production of the original document, but then it was because the doctimeitt had been destroyed by other hands than those of the accused.—llere the instrument was alleged to be destroyed by the prisoner himself, and the evidence to that point was his own declaration. Mr. Alley said, he should give notice in the usual way, to the prisoner, to produce the cheque upon the trial, and on his failing to do m, the copy which had been produced would be sufficient evidence. He there fore prayed for the full commitment of the prisoner. Sir R. Birdie ordered the prisoner to be fully committed to Newgate to take his trial, and the wilness.s are bound to prosecute. An application to admit huh to bail was peremptorily refused- MARLBOROUGH STREET CAUTION TO LICANSKI3 VICTUAL Mon . day last a licensed victualler was summoned to appear before tt.e magistrate (Mr. Roe), charged with infring ing upon the act of parliament relative to the licens tug system. The act specifically states, that publicans must not encourage Opting in their houses, %wither are they to allow distotrbatices, or getting drunk, under pans of' losing their licence. The complaint was laid by Frost a constable of St. Georges, but this being the first offence, the case was dismissed with a severe admo nition to the defendant. MANSION HOUSE. A boy not 16 years of age, named Ilaskett, was charged by a Mr. Lovett with has lug iusulted him toe day before in the streets. It appeared that the defendant, who is marker at a billiard table, had got d k at a very early hour in the day, and after in some degree recovered his senses by sl,eping about the streets, took it into his head to show fie ht to the gentlemen who passed by. The complain ant, at whose hall door the marker had been s • g for souse time, having observed tots disposition in him, en deavoured to prevail upon bins to leave the neighbour hood, but instead of going, the defendant threw oil his coat and waistcoat, threw t self into a fighting attitude, and made several severe blows at Mr. Lovett. Tile defendant dented he was very drunk. and Com plained that the gentleman had used him roughly. the Lord Mayor regretted that this odious Tom and Jerry system had tanned the youth of the metropolis ge nerally, and that it was not an utitistial thing to see boys, who ou g ht to be at school, tai a deplorable state of dissi pation. His lordship ordered hint to pay a fine of 55. fur being drunk, and to bud bail for his good behaviour • Au catrauidtuary child, about teu years of age, of the name of Edward Turner, who had a roving fancy for a length of time, was brought before the Lord Mayor, charged by his mother with having robbed her, and was from home for several days. The unto ate child had long since %hewn a hatred of all contrail, and was in the habit, when tits paredts corrected him, of atoseetiog himself day aad mots. — The fields near the Slitphenl and Simla:cakes were 115414 ally the place of his repose, and he generally con rived to take with hiss. from his father's house a great part of a loaf, and as much mousy as he could lay his hands upon. The mother of the child said, that all attempts to correct his propensity were useless. He had been uut the other day found by an officer, almost naked, altliu' when he went out in the wonting lie was dressed au a very decent manner. The Lord Mayor thought the only correction that could beistfii the boy was confinetisent and hard work, and accordingly com.nitfed hint to pris o n for a month. WORSHIP-STREET. Tae Rey. WEE. EYRE =fiic prisoner was on Thins. day brought to this office for final examination. A slut one o'clock, G. R. N11'11.11%111, El. tine of the police rim aistraies of Bow-street, arrived, being also a magistrate fur the county of Buckingham. Ihe examinanote then took place in the parlour, be fore this and two other 'magistrates, S:llllLlCl'rwyfoul and John Mi ward, Et..cps. Mr. Willis, as solicitor, appeared on the part of the parish of St. Luke, and .Mr. Alley, as counsel. attended with Mr. Harmer's clerk on the part of the prisoner. Mr. !Hirst hull expressed how set) , unpleasant it was for 1 to appear at this odice. Ibis duties were so many, and of such reopons.bilily at the office for %%latch lie was appointed. that he would have gladly declined tire disagreeable task he had subjected biussetl to opals tile 'acacia occasion. Still, in nulberatice of public justice, and its due and convenient administration, be compiled with the reque►t for his attendance here as a Rucking ; namshire magistrate. The whole of the evidence takeu ou a former day ht fore Mr. Twyforil was then read by the clerk, and ail the w►taesses, except Johanna Quntilair, the little girl, confirmed the to y they had before given. The little girl was then exalts:tied de owe. and her es idence, with some variation t her soren test . wean to prove the crime alleged a.faiiist the prison. i. She cried very much. and seemed very sensible of the judicious remarks which were made to her, preceding her taking the oath. After some oiscussion which took place between Mr. Walks and Mr. Alley, as to the nature of the offence, whether it was a capital offence, metier the statute of Elisabeth, or only a misdemeanour at common law, Mr. Minshull said. he should request that Mr Willis would withdraw with the representatives of the parish and de liherately consider whether it was their isiteistion to in dict for the capital offence or tor the au.silentranour. They were entailed to indict according to their own determination, but, as a magistrate, it was RIM to commit according to his own discretion. Mr. Wilks then retired with the churchwardens and overseers of the parish, and smut afterwards returned. Mr. Nlitisholl.—Have you, sir, consulted with the persons on whose part you are employed; and alier deli berate consideration, have they decided, with your ad. sice,whether they intend to indict for tine capital offence or for the misdemeanour Mr. Wifks.—l have consulted with the churchwar dens and overseers, and, concurring with usy advice, however painful it is to their and my own feelings, the determination is to indict fur the capital offence. .Ir. Alley ruse, and expressed his regret that he should have been applied to professionally upon a 11L111. ject of this description. lie would rather have given twenty guineas than have been employed as counsel ott the present occasion. It was ►rue, that every 111411 was pres 1111 l ed to be tonticent mail imamd guilty; and there fore it was his duty to defend 1115 client. and he must say, upon his honour. he did not clunk the evidence bUiliCiellt to Mr. Mitishull observed, that after hearing the deter mination of the parish, with the advice of their solicitor. so competent to direct this prosecution, that they had decided to indict for the capital offence. he bad tir• crew:in as a magistrate but to commit for tt offence. Mr. Minshull then proposed it to the cl-oice of the prisoner, whether he would be committed use county gaol of Buckingham. or to remain constant& • prison in Middlesex; and, after consulting w tit Mr. Dyer, jun.. the prisoner stated his wish to be cominiusd to New gate. Mr. Minsholl said, that its case of commitment to Newgate, he could only commit as a Middlesex m nuis trate, and therefore lie trusted that Mr. *lwyford would sign the co 11111 l ninon. Mr. Twyford said, he still reinsined unconvinced of the legality of his c ttttt initiate to Newgate for an tidence done tit mother county. to winch his c ttttt ntission did not extend, but he would, on titisllCCJllloll. comply. on account of the practice so long used, and acted ',groat at the police offices. The prisoner was then committed to Newgate for . CIILLD DROPPING.—A fine chiid, about five years old. was the other evening found at the cod 14 Fano - Italia-pas age, Lisle . ..street, Leicester•square, halfwit been deserted by its unnatural parent. It had on sit old shawl, two lilac gingham frocks, calico shirt, two caps, toe one linen and the other c •lico, and wrapped up in a square piece of flannel and a blanket. It was a female multi. aim apparently healthy. Toe day alter the above child was found, a fine boy about tau y, ars of sge, was mond iu Qiteen-street, Sono-square, with blue eyes and light hair, fat and whole. , and with only tour toes on the right loot. He had Oil a 111,,C 51111Wii lillldiOre, old spotted dark blue frock, a black tuctiat, a pair of old slays, a coarse knell blurt, and all Old rof elather Clots. they IVCIC canted to Si. Ant's % ol k• house, where they 110 W remain utiowtted. and there is uo clue whatever to whom they below.