The National Register. — London, England, 1822-01-27 00:00:00

swore that I)enny acknowleged himself to be the master of the yawl, and claimed one.third salvage, which Wits paid to him and the crew. About 19001. worth bad been saved of the cargo. The greater portion of the remain der was stolen atter it was got ashore. Witness spoke to Denny about cutting away the life boat, and he said he bad dune a legal act, and would do the same again. 'This closed the case for the prosecution ; and Mr. Gurney complained that all the witnesses named on the bock of the indictment hurl nut been called ; upon which Tlr. Jervis ollered to put them lino the box, in or der that Mr. Gurney might, if he chose, eaill111111: 111011. ''hi , wits done. John was then called, and swore, that he wah in I he life-boat, and that he tioaitglit the yawl rcmuiurd l'h•tily lima enough aliona,iile for the crew to hate got 41100ilfli of her. She mem:tined, he though', longyr idiom urita. pru dent She was much slow, amid hall inch :moan r blow would have smut her to the bottom. 'flic yawl bears time Ilsg of Lloyd's. Henry May, it Trioity Pilot, swora.—lt was n prevailing militia on the coast in such cases as this, that " first conic, list be' vtd." Mr. J et via objected to ►his question. 1 to d Stowell said be could Hut sutli.r such a notion to go abroad, w law or right; ■od as this conic hefore the Cow t of Ad ' •olty, he had nu hestta ion in saying that nut uoe farthing saliage would have beet' allowed. The owners were very til-udvised in paying the salvage. May coutinued :—The yawl nu, solficietit to have brought the brig to the heath, and it there hall it. en to water in her, she could have brought her to au anchor, :aid then towed her up in the roads. yawl remained alow4side the brig a great deal longer than she ought to have done. Crooweitamined.—Vr nen the life boat payseil the bi ig, within a few yards, neither party hailed the other ;for it the brig's people laud wanted any witsvaire, they could have snug othl. - • Matthew Coklman swore, that the y awl's men made known That !hey had left some o l the brig's crew aboard ditecily t'ley landed. • - • - Mr. Gurney rose at half-past four o'clock to address the Jury for the defendants, contending that the evidence for the lit useculion negativerdevery pretence for charging the men at the liar 14'11 b a conspiracy ; or if it supported the charge, it must be one of the t ntrucious kind ; namely, con• spiring to droll II the unfortunate crew, rod snit merely (as was charged) 11/ deptive the crew of the life-boat of their share of the salvage n oney fur the bah; aad her riiro.— hlr. Gurney was proceeding with a review of the evidence, %shell the Court interfered, and expressed an opmium that the evidence was tint sufficient to bear out the charge of cimspivicy, and the Jet) would therefore twilit the de fendants. The Jory of course retuined a verdict of Not Guilty, and the defend:on, Here disehaigcd, Stebniogs, the male woo cut the rope, heigig hound in hi, ono recognizance of :Ol to npper, if railed upon to:Hower to any other charge that might to plct%uat agnimt tom. LAW INTELLIGENCE COURT OF KING'S BENCH. MONDAY, JAN. 21. The Count this day sat in the private room adjoining the Westminster Session Court. STEPHEN. V. BRUGDEN. This was an action brought il;Ttil;llliiintiff to recover damages for an ivisault committed limier aggravated cir cumstances. The parties were goldsmiths, and ..)11 the Ist of June a meeting was held fin the purpose of consider ing matters connected with the (jade. The plaintif f un that occasion used some explesions, which induced a Mr. M'Oregor. who was present, to suppose he said Mr. Brogilen was an informer. The defendant being informed of the circumstance, invited the plaintiff, by en extra ordinary civil letter, to come to his house. The moment he entered the defendant's counting house, lie was charged with saying Mr. Brogdeti was an informer, and hetine he could say two words in explanation, the defendant beat Trim with a chaise whip, and intheied a wound upon bits head, which appeared by the evidence of a ,urgeon to be estren daugeruns. It afterwards appeared, that the visitant had nut charged the defendant with being an tn'oruner, but merely repeated the words used by a Mr. ll.sitay. Tito defendant afterwards sent a letter to a frirud, offering to submit to the dec 'ion of any gt•uile. min, to whom the transaction might be referred, pruvid ed the plaintiff dropped all proceedings against hill' at kW; lint it did not appear that the plaintiff ever saw that Ir tter. The action having been commehced, the de fendant macre(' judgment by default, and toe Jury, int painielied in the Secondaries' Court, asse , sed damages at SoUl. Mr. Scarlet', on a former day, obtained a rule for a new trial. Mr. Phillips this day •hewed cause against Mr. Scarlett's rule, and The Lord Chief Justice said, if the Court could see that the verdict had proceeded from a a tong impression, it would be their duty to set it a-ide; but upon the affida vits he could not discover that to be the case. His lord ship had no doubt that the tee hugs of the Jury were ex cited by the address of the Learned Counsel, but whet) he adv..' ted to the note by which the plaintiff was invited to the defendant*s house, and the testimony %Melt might have been given by Mr. Taylor, one of the aline:4es, who heard all that passed on each side, and who might base stated it; and when lie also examined the testimony of the bill genii, sheaving a serious injury to the plaintiff, be was out prepared to say the verdict was given erre tieun.,ly. It this inguity was set aside, the. Court could nut say a new Juty would give less damages, and there fore they could nut interfere. Judges llolroyd and Best were of the same opiuioo, and the tole was discharged. About midnight, on Tuesday last, a terrilale foe was discovered ill the stack yard at Newbold Lodge, belong ing to Mr. Clung, hanker. of York, which destroyed toe whole of the stacks, eight in number, the pro. duce of about '.:00 acres of land. Happily the stack yard was at some distance front the farm house, &c. and the wind was also ill a fat ourable quarter, else still more disastrous consequences might have taken place. There is reason to apprehend this fire was the work of art in cendiary. Tire flames was perceived by the mail guard, Pm after leaving York, and also by the watchmen at Hull, and at Griuisby. r_ • • THE NATIONAL REGISTER IMPORT,INT DECISION I INSOLVENT DEBTORS' COURT.—The Court was occu pied un Thursday from eleven o'clock to four, in hearing the case of WOWS,' Vide( hi, a chemist and hatter 10 Sud bury, who hail been discharged under the Limlveht Act in February last, and was now lir/night up fur mi a charge of 114Viug fraudulently übtained his discharge. Mr. Heath examined the insolvent on the part of the opposing creditors, and cautioned him that every word lie •liould say would be taken down, aril if lie swine falsely he would certainly be prosecuted ler pet jury. In reply to the learned gentleman's questions, the in solvent stated, that he was discharged under the Act on the 27th of February last ; that lie married about two years ago, and received 5001. fortune with his wife, 30ti1. in cash, and a promissory note for 5001. which he indorsed over to his father about neve 'mentos alter lie received it, in payment of a debt lie owed Ililll, his father giving him the haiatice lit cash. lie owed at the • !! lie was married 7 or Sated. I his brother Philip canes to him in the King's Ilene!' the muntli before lie was diseliai ; he did not tt.k Philip whelliec he hail brought the 2 MI. note, nor did Philip produce it to him. He stated in his schedule that he was entitled to a revisionary interest in one hundred act es of land, hitt lie lead before sold it to his brother Philip for bal. first verbally, end afterwards by a written agreenicut made while he W 414 It prisoner in tile King's lleueb, which has been burned slime lie was discharged under the Act. lie did not make any alteration in his books in prison, but might mark a few debts paid that were collected for his support, and also to pay sonic mo. ney to his mother, for which lie had given here bill before he went to prison. He marked debts paid to the amount of 1001. Some of them might have been paid, but can't say which. He never used spirits of salts to make altera tions in his books. He received payment of a debt from his uncle since lie was discharged : it was one of the debts he lead made over to his mother, and he received the money for her use. His (outlier carried on the binsh ness in his own name while lie (iusolvem) was in prison, but gave it back to him trit its being discharged. His tither itt.law joined him in a bond to his father fur a loan of zOOl. in the year Idra, cud paid 1501. in discharge of it while the iusolvent was in prison. He knew nothing of the transaction tpl after it was concluded. He did not give any furniture or other property to his lather or bro ther-its-law to keep fur him, before he applied to be dis charged moiler the Act. He had sold some furniture for 101. to his brother-in-law before he went to prison, which he had since let hint have back for the Sallie money. He did nut receive any other goods from hue, our any from his farther. John Yawner, examined by Mr. Heath, Sttt ed. that he was Is fellow prisoner with the ivanlveut in the Keg'. Ou the tat of Jimuary, , last year, the imulvent's brother Philip,came to him. lasulveut asked him win:titer he had got the uute from ho, father, as he lied destied Piety ,itidpie had, cud produced it. The note wit, for 200'. toil nut initursed. I . (vent entioired w lit then his brother had bruit„ lit him his lote father in-law's will, us he wished to make over his letersiumtry interest to hon. Pudil, said be would do evi ry thing to set toe the u eoperiy, uu I would take care no one should have the 200.. note but himself (Ike insolvent.) The next day tin agreement for toove) log the insolvent's reversionary interest to Philip nos du - amino by the witness, cud executed, being ante-dated a year. biome time after the insolvent', brother, Henry, calla on him, and said lie had been very lucky in C.l;leCtint4 his (insolvetit's) debts. The insolvent said be was a fool to have entered the date of any of tile payments in the books, and endeavoured to di:charge the enui,s by spirits of salt. lesulvent said his father would be made tesignee; he would then get the books into Ins own possession, and all would he light. A short time befute Ilse insolvent was heard on his petition, his father came to the prison, and asked him, whether he (the father) could be examined respecting the bond lie haul, — insolvent said au; tor he'd admit it. The father also asked hen why the note was Hot as safe id his bawls as in Philip's. 'f he insolvent replied; that it be (the father) should be ex amined about it, he could not save it as wed as Philip. The Either said he would do any thing he could to save the pro petty, but he would not like 11l be ex:memo on oath ter pecting the bund. When the insolvent aa- .11-r h aged, he engaged toe witness to transact busbies, tor Mimi in his hawk, at a 'mar) of 601. a year, in consequesiee of a Inch lie (wit ness) wcitt to 80.11111 i y, and lived a ith the insolvent two months. Wane tie WiaS tnere a large qiiicitity of valaulde furniture, outteria les Inc making Imes, patent medicines, etc. were hrimelit is the insoorent's by night, Amu his LULU', and Inothet.ill-luw's which tin: nesub.elit sold were all ha oa - li—there were chicit, glass, and plate. The hisolvint's father preventeti their being removed before midnight, lest they should be seen, and toot, lie said, would make a good jut; a very bad one. 01, the coming how: of one toad of goods, the insolveut rental ked it was very 'Mutilate that truly tine man passed while they were unloading the aagi,oti. This witness Dude' went a severe cross-examination by Mr. Cooke. He adinoteit twat It a its to be reveuged Ito the in solvent for nut his aigieement that he g..ve the inhumation ; but did nut vary to his account of ally of the facts. Mr. Cooke addi e,i•ed the Court in behalf of the hemlven Mr. Heath replied nu the part of the creilitoro Ile •aid, one moth of a hat the insolvent had been guilty im oula il ..e wilt him to execution under the late,pind tOnispoi tett him fur life under the presciit Bankrupt Act. After considerable deliberation on the Il^nch, the Chef C nth:dont, deliveted he jud.iment of the Court. II c said the Court could not regret one .rent length of tone the case had occupied when they consideied its great importance to the public. The insolvent had applied to the Court for the protection of n merciful Act of P it Imanieilt, at d in utter dim. regard of all it. pros isions, of every p,inriple of justice, uml tha awful sanction of on oath ; he had evidently, ft,,,,, the time of his application, unit even before, rontemnplated the 4rossest (mud on his Cred , l4its. Ills fate slionla hen wanting to those imishappy persolis who yield to the temptation of almsitig the mercy of the Legislatate b. injostice to their c. editor•; and they should lehro from the eviden e given by Ifitieller, how holow and de. eititil must ever he the profes sions of stsocintmos in crime. But without the evidence of Knelier the insolvent's guilt was manifest from his own answers, and the Court felt it a bounden duty vi•il ha conduct with the utmost extent of plods! •ut time Act al lowed. The judgment of the Court taerefoie aa•, that the insolvent's discliarge shout I be revoked ; and that tie shoot., not be entitled to any benefit under the Act until he should tt imprisoned thrme years from ;Inc present its). l' mI I ',_ .' 31 Loss Or THE LADY LUSHINGTON INDIAMANo-•• CALCUTTA, August 27.—The following melancholy de tails of the loss of the Lady Luthington is from one of the surviving sufferers, and we suhruit it nearly in his own language :—" We sailed front Madras on the sth, and having four passengers to land at Coringa, saw the light-house at midnight on the 7th : tacked about in hopes of landing the four passengers abovemeiiiimicd in the Horning; but owing to the strong cut rews, c wr••re considerably to leeward of the port by day•lignt. We endeavoured two days and a night to regain the wind ward, but finding we only lost ground, cast anchor on the northward of Coringa. The surf ran very high for two days, so we could have no communication with shore ; we tried ro weigh anchor, and drop down to Penticollah, when all endeavours were ineffectual, when di: cable parted and night had come on. The Captain gave orders to stand out to sea until twelve o'clock at night, and then tack in to the land ; the Chief mate took the command of the deck at midnight, and thinking we had sailed so far from the land that we could not possibly reach it before daybreak, the ship tacked—a breeze Navin; sprung up, we were alarmed by theship striking slightly on the sand about four o'clock in the 'notating. Nothing can paint the distressing scene ; the high land ww just perceptible, and every wave driving over the ship added to our horrible situation. lo half an hour every mast was over the ship's side (to leeward): the ship had drifted into a tremendous surf, every boat was staved hi the attempt to lower them, and the land ball a mile on our lee; we had nothing to trust to but 'the waves, and to place our confidence in the Almighty. The scene of horror and distress then became indescribable. The cries of the females and children were heart rending. It was said that the bottom had parted from the upper works. Every person was naked and up to their middle in water, and the distress was increasing eve)), moment. —Three spars of wood were got over the side, on which six persons, including myself, providentially reached the shore ; but we were so much exhausted, that had not the natives come to our assistance, the return of the surf would have carried us out again e we found on the shore a sailor who had been washed overboard, to whom the safety of so many lives is owing; he fortunately spoke the language, and succeeded in getting four catamarana front the shore to the assistance of the sufferers; a large boat was got off, but could get no nearer than lon yards, and with difficulty was Sept above the water. At eleven the ship parted across the c.•nter, and all the crew and passengers were obliged to get on the masts to have the ship as a breakwater, from which many were washed away, being so fatigued they could not hold on. The catamarans kept at work until two o'clock, when the wind increased so that they could not get near the wreck, and had afterwards to desist, finding it impossible to be of any further use. A Frenchatan, his wile, and two daughters, with two of the crew, were seen on the wreck : at four o'clock the stern parted, on which the French lady . with her eldest daughter reached the shore; the father with the other daughter perished, as did the two sailors, one of whom was seen at dark sticking to the remains of the bows, which were held by the anchors. The shore for six miles was strewed with the ship and cargo. The number lost was 22, amongst whom, we regret to state, were Capt. Hampion Madras Native Infantry, Ensign Wright, Nlr. • formerly purser in the country service, Mr. Hossein' and his daughter, and Mr. Lyster, second officer of the I ady Lushinglun, The ship parted in two at I t a.m., and before evening not a vestige of her was visible. Airs. lioneeu, who was saved, was on the stein, when she . I parted. Major Weffierall arid his lady are likewise sate, and Mr. Carp:user, only son of Colonel Carpenter. The situation of the survivors is said to have been truly du . plotable ; all are nearly without clothes• The Coin wander is acquitted of all blame. RIOTS IN WILTSHIRII.-0o Tuesday morning the 22,1 inst. the Magistrates of Bradford having received in formation that the weavers were coining there in the se of the clay, to break the spring looms, itc. she gentlemen and all the principal housekeepers were sworn in special cosistables, being deter 11l ill ed to resist such illegal proceeditigi ; And between three and four o'clock, accounts were brought that a very large number, several hundteds, were aawatiritig, and within a mile of the town, and had began to break some looms to pieces in the houses on the road. Artie Magistrates and the Constables immediately proceeded to the spat, when the Riot Act was read ; they took into custody s.ich of the rioters, about thirty, as were pointed out to have been concerned io the mischief which was done, and eventually dispersed the rest of the num.—Upon exam'. ria.ion of the prisoners, before the Alagistraes, eight who were identified and sworn to as being the most seine, were co 11111 l itied and sent off immediately to the Devises Brine-Nell, to take their trials at Salisbury Assizes ; eight more were remanded lit further examination the next morning ; sod the rest were suffered to depart home, having entered into recognizances to keep the peace fur twelve months, and to appear to answer the charge when called upon. In the evening about 160 of the Wilt. shire Yeomanry, commanded by John Mown, EA'. CIIIIC into the town to assist in the preservation of the public peace ; and we understand niat regular troops will be stationed in both the towns of Bradfind and Trowbridge. %I r e hope this wid prove a salutary chect to those misguided people, and Mit they will return quietly to their work. On at irday se'n right a spring 4 un was found placed across the drive in Cowry Park. Ihe discovery was ihr t.itiaiely made betide any injury was clone. It is pre. sumed that this destructive etigihe, W11..:11 was devil'', loaded with large shot and the wire cat red directly acioss the path, was set by poachers, in the hope of killing or wounding the game.ke.:pers during th. night. To straw them to toe spot three guns were fired successively in the wood just beyond, lug the watch being on the hilly grostuds, crossed by a different row.•. Sir (*cow Jet rui6ll.ain has cohered a reward of nuta iistiueas for the tits (.o-ay ,of the lrerp.•traturs. • : • k 7,, 77:1- -.. ' - _ -~