The National Register. — London, England, 1818-05-03 00:00:00

14,1 LAW INTELLIGENCE. COURT OF EXCOEQUER, APRIL 23. SIR WATKIN v. J. MORGAN. This cause, which has been in litigation 40 years. has a. ;length come to somethinl; like a termination. Mr. Morgai lbas already entered an stisweitl in the House of Lords. againsi the late decision in the Lschequer, and the Deputy Renton. brancer has to make a geoeial report on the subject. Sit lkilliam has also put in au answer to interrogatories on tin part of Mr. Morgan. which fill hetet evil :1 and 100 folios. Mr. Datineey Oct the part of Mr. Mot gall moved for post. iponement of the order to pay into Court two sums lie hail re ccived out of the estate, one of 4,0001. to pay off a mortgago of his nephews, and another of 4,91101. neither of which had been so applied. Mr.4llake sw the part of Sir Waikin observed that accord ring to the decision of die master, the mortgages were paid oft is 1807, and vet since that period Mr. Morgan hatlcuntintied to receive the prof ls of the estate. Mr. Datincey intimated that the object of his client was to secure the balance he timid due to him, on the final settle ment of title account. . Mr. Baron Garrow recommended the parties to come to a mutual understanding, and in consequence it VAS deter mined, "that Sir William should be put into immediate pos session of his estates on condition of paying into Court 4001. per annum, one half to go to Mr.hlorgaii, and the remainder to keep down the interests on Wilders mortgage. This sum to be paid until the whole accounts are made up and the ba lance settled ; and the agreement to he entered into by Sir **Atkin without prejudice to his own case." COURT OF CH ‘NCERY..--TIMSDAY, Apna. 28. TI pkaT V. Gap. At an early hour the Court was much cro a tied by persons anxious to bear the decision of the Lord Chancellor in this interesting case. His Lordship took his seat at about 10 o'clock, and addressed the Court to the f•ollowing effect - " This matter first came before me, by a petition reseeded on the lttli of the present month; and it is a material duct,. tuent, being a petition sent by Mrs. Taylor, and supported by as affidavit, which rendered it my duty to make an order, ac cording to the common course of the Court, to re.,traia Lord htewart from centracting matt Imony with Lady Frances Vane 'Tempest. or having any further commtittication with her upon that subject until my further order. 1 Hardly disposed •ef that petition by making such an order, when another pe tition was presented by Lady Frances, which petition prayed an finmethate reference to the Master to receive proposals of a settlemerit upon a marriage, of which she Improved. The lint petition having given me notice that one of the guardians approved of the marriage,audthat the other totally 411%4pp:eyed of it, the order that I was to make upuu the second petition was obviously for the attendance of all parties. Soon after this a third petition was presented, store in the regular course of business, front Lerd Steuart himself, praying that he might go before the mister to esta blish the tact that this would be a fit and suitable marr iage and that in case the Master was of opinion, that proposals of settlement night he laid before him, andhere I remark upon the expression of settlement, because in considering the question, whether it would boor not asuitable marriage, itcannot be Mo sul:01y investigated without attendance to the cire 1111 l stance. whether proposals could he made for a proper settlement. It is due to the interest of the ward of the Court to give the parties an opportunity to be heard, by directing a separate report to be made by the Master, to take the opinion of the Court upon the propriety or impropriety of the marriage, or as to the justness of the Master's report as to that question. '" it appears that the ease before me is new reduced to two questions—lst, whether Lord Stewnrt should have what had been called in the course of the argument the 'usual reference to the master. The second question ?which it is my duty to determine, is, whether that order . , which has been prayed for to restrain Lady Autriiii lions any communication with her daughter, excepting in the presence of Mrs. Kay, until the issue of the reference to the Master shall i.e known, shad be grouted. I have thought it my ditty upon this occasion to endeavour to ascertain what Las been the situation of the card, and of the nature of the guardianship of those intrusted will' the care of her, appoiuted on the death of her father, which took place in August. 1613, at the time this young lady was about 13 years of atte." Hie Lordship then referred to the Master's report of 1811, settling a plan fur the education of this young lady ; necurd lug to which, she was tint to reside with either of her guar dians, but to be placed trader the ease of Mrs. Kay, a lady of the highest respectability—it was likewise settled, that except to her guardians, Lady Antrim and Mrs. T o lur, she should not be allowed to make any veils without their eon aeutotor should she otherwise receive nay. In consequence, however, of repeated applications to the Court, the young lady obtained permission for the benefit of her health, to go fur some time to the sea side, where it appeared, according to the affidavit of Mrs. Taylor, that propositions of marriage. bad been made to her in the sprits of 1816, a ills the mincer fence of her mother Lady Antrim, although in conerqnence of her, Mts. Taylor's remonstrances, they were afterwards broken off. Not lona after this transaction an application wits made to the Court, and indeed it was high time an applies. tiou should be mails, to vary the plan of education which had been adopted ; and it now appeared upon a report which the Master had not been enabled to make until Bth 111arch,1810, that, in his 00114.11, MI allicintionsbuulti be :nude with rein'. trice to this poli o .; :stirs toltication. And the Master, in 116 report, had rim:tared that by illsetitent this yating lady vf.ts tm be introduced at Clout uy Ladyr Antrim, and to visit a ith .%Irs. Tavlor and Lady Antrim ; butt added. that of any Menus eat. tiler elion;d tie tell by this arrangement, a notice Lv rack of the parcii., would operate as a 41'5e:barge of his iipinion. Ills Lora shin then adverted to the proposal of marriage %%Men hid been made by Lord Stewart, and accepted oy Lady rewires on the 9th April. That basing been etentettinira tell to 'it e. To hoc ii pun the of April, it produced a pelitiou from the lady, itipported tiy t u t affidavit. In this affillavii Mrs. Taylor bad stated the grotto& upon wine!' she opposed this *anion," that, recollecting lila 111.01 formerly entered into by the Countess to efiect a marriage between her daiNlitri and a nobleman, without leasing consulted the wishes of the plaintitt,' the deponent became appreltensise lest a similar project might again fosse li?eti ad sited without the kiwis' ledge of the The .1114% it then proceeded to con meta, the 'ammo' persomel objection!' to Lord Stewart, and Ifirst,“ that he us SO years tit age, or theretruouts." His Lived' ship would be i 0 )ears a2e in the month of May next ; ant again, •• that lie is a Ni.invrtr, with a sun, Dal many years yawner than the Omuta" Titat his Lordship observ ed, was a very motet tat tact, and one a Inch inic,ltt illestrate thauelety which contest out of doom with respect to this 'THE NATIONAL REGISTF,III rase. The next statement in the affidavit was, that Lord etewart " Is the younger son of an Irish Peer, without any fortnne er provision." In the saute affidavit it was also alleged, that Lord Stewart was iu embarrassed circumstances, and that his habits were dissipated and irregular; and that then• were other eiremnstatees objectionable vehicle ought not to I e mentioned in open Cont. First, then, wills respect to the allegation that Lord Stewart was yeurs of ace, the in. formation was nearly correct, and the belief was well remitt ed. It was a circumstance in hie judgment, which should be attended to. In the letter written by Mr. Whitten for Lady Frances, it had keen treated lightly ; hut it vas a fact de serving great consideration. That Load Stewart Was a wi dower, with a son not much younger than the plaintiff, were circumstances which also required consideration. With re pill to the inr:mtation that Lord Stewart hied no fortune, mid was in embarrassed circumatances, he conceived that the assertion was groundless, and ought to have no credence, considering the manner in which is had been met by the affi davit of his Lordship. He had no less a sum than 26 0001. in personal property, and was free from all debts. The next ;rent in Mrs.Taylot's aft: davit was, that Lord Stewart was in dissipated and irregular habits. What the habits of Lord Stewart were he emel t , Het say ; but lie retold with great truth affirm, that be knew nothing against the pi ivate character, and every thing in favour of the public character of his Lordship. Whether this was or was net the tact, it was the duty oldie Master to decide. With tespeet ►o the reference to the Master, he wide &here to observe, that, on ;posing that should be his detect's:elation, that reference would have no effect in deciding the question. The question, he observed, was then reduced to this poiut—evhether Lord Stewart's con duct in the negociation for the marriage had been such, that far that reason, mid that alone. the reference ought to be re fused. Under all the eiremustances of the ease, he could see no objection to the reference being made to the Master; nor did he see any cause for delay in the present inquiry; on the contrary, he thought it would he sliest advantageous for all parties to have the propriety of the union inquired into. If the Master should he of opinion that this is a proper marriage, it would he by no means a matter of course that this Court would ccufirin that report. With respect to the other motion, whether Lady Antrim should he continned ender the restraint ►o which she had voluntarily submitted herself, he felt au difficulty in a eying, that paper . : no re gard to the high rank in life, looking at what had passed with regard to the transac tiousofthe year Itll6, and ta the present affair, it did appear to him to be proper to order, that until the Master's opinion should be g.ven, the restraint should be coutinned. If Lady Antrim felt uneasy at this restraint, she might have an oppor tunity of applying to the Court whenever she thought peeper, and of giving any explanation she might think expedieut but there were circumstances in the history of this transaetion which did not appear to hint to tae quite consistent wed, the dory of a guardian. Monday seanight, an inquest sat on this body of John Darby, of liirehington, war Margate, found dead on thy shore near the latter place, on the preceding Saturday, and brauelit in their verdict—Found dead on the rocks, without any evidetier how he came by his death. The deceased had come from France with a French smuggling isoat, and when he lost his life was assisting in lauding the goods, and had re. filmed in the small boat to the larger one, to obtain more : this is the last known of hint alive. On inspecting the body there was found a large cut on the bead, and the scalp sepa rated horn the skull, with heavy bruises across the fingers; and from the eircitinStatice of its being known that he hada watch, a pocket book, and a al. note with him, all of which are missing, strong apprehensions are entertained that lie was robbed and murdered by the Fri nehmen, who are at present nal:flair it. Another suspicions eireninstance is, the Frenc h . meA sailed away soon afterwards with the large boat and part of the cargo, and the smaller boat drove on shore, Helms left a with and seven children. at Bireltington. Three of his brothers perished on the coast of France, not many months since, in the same delusive traffic. Amongst the tnany astonishing feats otpedestrianisin which have been pertormed, there is nothing on record so great as that which was undertaken by Captain Woodford, of walk_ hug 70 miles per day far three successive days—a task which no horse is competent to. lie started over a2O mile piece of ar , nod, from Longwood, Hants, after the clock had struck 12, ou Sunday night. and he did six miles an hour for seven hears. !lc completed 70 miles at 11 o'clock at night, and although tired, he was not distressed. On Tcesday he walked 29 hours, taking rest only four. He started on Wednesday morning the moment nu clock had struck 12, mach reduced nod fatigued. He did 20 miles by six o'clock, bat he had no appetite for breakfast; Ile pursued his journey again at 'even o'clock, and did 13 miles by 12 o'clock. just ball the distance, in 11 Items. At tire o'clock he oar. so notch worn down, that he was enable to proceed, having performed 12 miles more ; his feet were much blistered and both legs swollen. A few days ago a distress was levied on the goods of a man named Cargau, wha kept a cuff's shop ia Moor-street, Seven Dials, for a quarter's rent of 131.25.61.—50 me resistance be ing offered to the broker and his intai, they broke in at the windows ; and Corgan, in attempting to get out backwards to call in assistance, fell of the wail. and was pitched on a beam of wood ; by which he was so seriously injured, that he died in great agony.. Newnare.—We u n derstand a meat laudable improvement has taken place in the management of the prisoners. Mr. Brown, the present Governor, has deviated from an old but nuttistlfiable custom, that of placing manacles upon every prianter as soon as lie enters the prison. He very jitatly maintains, that every person cm ttttt itted has a right to be considered innocent omit the, verdict of a jury decides to the contrary ; he therefore has now upwards of 100 prisoners nader his charge that are not ironed, and the City Magis trates have highly aopio%ed the plan. A very rare ii lineal cariosity wan picked tip a few days aan at , it, on Harwich. It is called the Baronele trot, or tree Inorisis hest. The shell is like that of it muscle, not formed of rive part-, 01111 attached to the plant by a neck oese•naling the win !pipe. of a chickeit, ahoitt use inches in length; and notwittiltanding the many hundreds w Inch are peallam from a few inches of the tree, the rescaiblauce to port of a fowl may ho alailay seen taint each shell. 'Phis textrainillitary prodnrlion of the marine amokd is fully des. scriht r;..rtatt's /ferard, poliiished iu 1597. Oa fa eanesaay week, Capt. Newton, of the brig William, stated 1,1 a f.loss r paper to have been committed to Haver. ford wes _gaol, on suspicion of haring poisoned Captain Rider, the late utast, r of the said vessel (who died shortly afier. wards), and Witham Bowden, the mate, who became ninth indisposed, was, in consequence of the arrisal of Bowden from L:verpool, 1111 l .ttcd lit take his trial at the, ;scat Admiralty Sesstuus tu Loadon.—Gfireesiee Journal. POLICE. MANSION•HOUtiII. MAY 3. Mr. Vale, chemist, or Cornhill. appeared to answer the complaint of Mr. Wood, who eesidts near him, upon a sub ject w hick bus ckcited no little alarm among the females is the neighbourhood. Mr. Wood stated, that on Smithey last, at 12 o'clock at nom), his female servant, open going up stairs, smelts time; vei v bad, but did not know to what to attribute it until swr gut to the top of the house, from the roof of which bite saw a quan tity of human bones, partly scraped and haiwing to dry its the sun, at the defendant's window. Upcn •luo " king again she observed furious separated. portions of the human frame, and also the mutilated remains of the body to which they appeared to have belonged, and which was in a disgusting state of putrefaction. Upon a former °cc:Adair the com plainant bad seen the arms of.a child hanging in the same way, mud the spectacle and :null were a most abominable nui.-ance. _ _ _.._...._. Nlr. Vale said, be was a student at St. Thomas's Hospital, and found it ess.htial to his professional pursuits to make certain preparstiou.. To say the smell %as quite a mistake. In tact there was no sinc.ll at all ; fur the subject was beyond that stale at which it :Affected the olfac tory nerves. He denied that any flesh appeared ; for the bones had been scraped as elt an as possible, and he hoped the obligation of attending the duties of his profession would be considered a Justification for presenting to the eyes of those, who went to the tops of their houses for curiosity's sotto a few bones. . . Mr. lligglrsa of th, who lives in the same neighbourhood, confirmed Mr. Woud'a litatemrat leach, lie said, aus intolerable. Mr. Vale said he smelt nothing disagreeable, and he was convinced nobody else could, %Intel% lie put his nose to it. As to the sight, none could be annoyed by it, except they went to the tools of their houses. The Lord Mayor declared, that if the nuisance was not iminediat...ly removed, the city solicit( r should be instructed to proceed against the defendant. His Lordship sent Mr. Brows,, the marshal, to examine the place. The intelligenca brought by the marshal corresponded with that given by the co►nplainant. The defendant consented to remove the nuisance. (4.7 ILDII LL. Monday, Mary Heartless and H. Goodyear were char ged with uttering a forged I. note. The female prisoner wort nu Saturday week to the shop of Mr. Guest, a pawnbroker in Fleet market, purchased two shirts for 11. ls. and tendered a sl. note in payment. The shopman took it tors neighbour, alio said he believed it to be forged ; but in his absence silt' quitted the place; however, knowing her residence, he sect for officer, who apprehended her. When in custody, she described the male prisoner as the person of %Isom she had the note, and he was also apprehended. At his lodgings a letter was found from a woman named Treacher, who b..d been transported for passing forged notes ; and on the back of the note in question /he 'tame of the woman wins indorsed. Mr. Lees, one of the Bank inspectors, said the note was a gross forgery.—Magisti ate (J. J. Smith!, " And is your simple asseveration, Sir, sufficient proof of that fact i"—Mr. Lets, " The Judges have so decided—they are always satisfied with suck evideure."—The Magistrate said, bethought a more satisfactory criterion might anti ought to be furnished to the public ; and added that he did not think the letter found at Goodyear's house any very strong proof of a ttuilty connec tion between the latter and (reacher.—Mr. Lees, " In our minds it is a very strong proof of such connection."—The prisouers were remanded. BO W.STRLET. John Jones, a pauper, who had been frequently relieved at the cifice of the Society for the suppression of Mendicity, was brought up ouTuesday, charged with au act of vagraney when one of the members of the society attended, and stated to the magistrate, that the prisoner had applied to the over seers of his parish for further relief,. and had been refused the same ; and that as this mares case was 0:10 of distress, and not wanton beggary, he requested that the wtia!esome pro visions of the law, which pt. witi.a commitment of one day, might be put in force, and that the reward of five shillings might be ordered to be paid by the pari.b, which would pro bably act opens the overseers as means o 1 influencing them to a more etfteient discharge of their duty. The worthy Ma gistrate (slr. 13irnie) committed the man for one day, and granted en order on the overseer for the reward of rise shillings, which lie will be obliged to pay oo presenting the same. Tu:saay, a young man. calling himself Henry Howard, of dec.!: t apt earancc, and iti the undress of a military officer, was examined Mere Mr. 'lntik on several charge. , of fraud. The first was preferred by the waiter of the Kcy.brotlicl, in Chan dos•street, who stated that the prisoner, in company with another young rnm and two females, came io the Key and ordered supper.— The prisoner's male companion e tohl him he had only about 21., end asked him if he had any objection to take a banker's clitelte to which the witness. at first objected: but as had seen the young man before, at last agreed to take it. Ile gave his name as Captain Armstrong. of the Guards, }edging at the Clarendon Hotel in Bond-street, and showed the chock, which was for tole drawn on Sir ;elm Lub bock and Co. Mansien-house-street ; he assured witness aas a good one, and the prisonerobserved that he wished it was for 5,1xX)1. instead of lel. Witness agreed to take it in the morning in payment fin the bill. They both desired to be called early, as they must be upon they on the miride, whieh was accordingly dune: and after Ineakfiest the prise - ma's companims, after discharging the bill amountitig to 31. las. received ed. 2s. for his check. On sending the draft to the hankers for payment, the answer :vas, "no iikets. nor did they know any such person na the drawer ;" fourteen checks of a similar description Lad teen presented fur payment the proceed: me day. Mary Wood, who keeps the brothel. No. 42. male -street, Laces. ter-square, stow', that on the everit.g of Tuesday se'nnight, the pi i— :e.ner, in «impiety with a yr oug :wan answering the description given by the abuse witness, wearing. a military great coat, military boots and spars. having mustachios, etc. came to her. house, and entered the private parlous, which she thought a greed 'liberty. as site I admitted no gcutleinen to her house but those ALUM al s o knew, «i she told them The prisoner, however, made very free, said. ilthough she did not kaow him. he was an officer hi the 10th regiment, Lnd Lonl Hobert Manners, ('oh Quentin, and yettrg Burdett, were his pattieular friends, and he wished to sleep in her house that nigl.t. av did the priimier, who was teems. need as an officer belonging to ;110 Draeonn Guards, and she rons.daing them respectable, colleen; 1 to their remaining in her hoitee. Cm the next morning. in payment fit the bill the companion gave tier a cheek for 101. signed by W. Stanford, drawn on Sir ,I. Lutitsceit mid Co. ; she expressed a bore that it was a good one: he assuresi her it aas a very good ere, snit asked her if she supposed he would sacrifice his character in the regi ment for 101. The prisoner was rot pa stet when the cheek was pte • seined to her, but bile bad I 1() t.ellbt hut the prisoner knew the k was good for clothing : it was not mud. The prisoner and ids pinion afterwuds went to the !throttle-. at Charing-cross, w':ete in termatiou hadibeea received of 2.1 r. Wood caving been swill:lied y