The National Register. — London, England, 1816-12-16 00:00:00

• COURT OF OF CHANCett I', TUESDAY, Dec. 10. Tux C4.3IIUISIONERI Or STAMM r. LAZE AND OTHIIMS. In this case the Lord Chancedor have an elaborate judg ment, gtdue over all the acts concerning the legacy duty, and explaining their hearing on the tuestion. His decision was, that there w4e In this case an approhrtion of the legacy— that the executors had 41111 satisfied their trust— s/id that the fund in court was no longer a Iceaey, butt a sum of money:of which th• Aecoutotant-Gencrat was trustee, not more liable to duty than any other food that arose front a dif ferent source. Appropriation precluded any retrospect of legacy acts, whatever operation they might have In cases where, though their wills may be made prior to their enact ment, there was no appropriation till afterwards. The name) should therefore lsc paid out of the Court, without the legacy deduction. COURT OF KING'S BENCH, THURSDAY, Dec. 11. HARDING AND CO. O. COOPED. 'Phis was an action by the payees of a bill of exchange against the acceptor. 'floe Attorney-General, for t h e plaintiff, contented himself with proving the,signatures upon the bill, which was for the sum a 250. at twelve months. The defence set up by Mr. Gurney was, that the considera• tion was Mega', and there:Ore that the plaintiff conld not re cover. Its origin was as follows :—A person attic ranee of Wandsworth had run :sway with the daughter of the defeud ant (a. fernier residing not far from London), and had speeu laird in various businesses, in all of which he had been unfor tunate, and had been the occasion of great losses to his father in-law, who had also had his 'distresses aggravated by the geherul pressure of the times; had it been possible fur 1 ' to pay the bill in question, he would not have set up the defence with which he was famished, and will which he had only lately became actrainted. After opening business as a gro cer, and closing it again with the same ill-success as had attended Mtn in other schemes, Wandsworth was put into prison by his creditors, and, after the lapse of the usual time, Efts liberated under the insolvent act : he obtained his free dom, however ? by fraud and perjury, for he had given no no tice to the plaintiffs. to wham he was indebted in a large sum, althongif in M Schedule be had sworn to the contrary. For this crime the plaletifts prosecuted bon at the Middlesex Ses sions, and while it was pending, lie made an offer to them of half a croWn in she pound, and the pa,s meta of costs, which they ,consentell to receive, and to quash the indictment at the Sessions. To raise the necessary sum, Wandsworth again had recourse to his father-in-law, not communicating the offence with which be was charged, and snch was the consideration for thebiMnf4t.i6l now before the Court. If Ise made out this ease is evidence, the learned counsel submitted that it would spawn to a complete defence. The witnesses were then called, but the proof failed in mime of the minutise, avid a verdict was in coasequeuce found eir Uto plaintiffs, MA 11I9R COURT OF DELEGATES, SmearArri-lia. DEC. 9, 10,11. RENSHAW li. ATKINSON. These three days were occupied in the re-hearing of the above cause, the circumstances of which hoe been already stated. ' The Court haring on three firmer he:lrina been equally divided, a sew corninission of adjuncts issued, and the mem ber-a who assembled on Monday were, Mr. Baron Wood, Joss. diem Dallis, Park, Holroyd, Abbott, and Burrongh, hir C. Robinson, and Mrs. Arnold, Parson, Melberg, Phiiiiniore; Gostliog, Dodson, Creswell, and Merrick, who foriningsm even number, Drs. Gostling, Dodson, and Cres well, alter some deliberation, withdrew, and the argument commenced before the reaming deli gates. The 'cause, as our readers will recollect, related to the validity of .a will and four codicils, executed at interval; of seierid mouthy by die late T. Henshew, Eaq. of 13Iakeley, clear Malichester, and involviog the disposition of a property of above 140,001. All these papers were supported uy the exi•cutors John Atkinson, Eaq. of Maple Hayes, near Lich- trill, and Hr. Joseph Atkinscn . , a respectable Quaker, in Cliot.hire and they were all opposed by Mrs. Heushaw, the widow, and Mrs. Hadfield, the niece of the deceased. The Cognise! In sappori of the will and codicils were Dm. stoJdirt and Lashington, and Mr. Cross. The Counsel on 1 , 113 other side were Mr.Warrcn, Drs. Swaby and denote, and Mr. WilMires. Dr. Otoddart and Mr. Cross declaring an intention, after' so many bearingi, Ca reserve what they had to say for a reply, if twee/mail to the arguments ou the other side. Dr. Lush-', segton alone s. as heard in support of the sentence below, estab,laking.tbe wits and the codicils, and condi:milieu the oppouenta in costs. He began by stating, that as this Court, as well As tha Concts below, had decidedly expressed an opinion in lissom of the will executed in OM, the two codicils in Ino3, and the codicil in July edit, he should solely apply himself to the cutheil in May 1809, to show thot ttwas theoct of a capable testator. formally executed in the presence of witnesses; and having 'to done, he submitted that the codicil' must ue valid, unless the opposite party could snake out a use of fraud and eaTu.nvention In the party benetitted, -or unless some rule of the Ecclesiastical Court were Mown, dif fering from that of the common law, by which latter execu tion and capacity are holden to infer kuowledge of the eon. tents of all instrument. The learned Doctor then entered into a ninuta and able examination of the evidence to the deceased's capacity, first on the plea propounding the paper in petition, which NPs clear and unimpeached; then on the'' adverse allegation, which he contended was supported by nothing but the mug flimsy and contradictory testimony. • Mr. Warren end Dr. Jenner were heard on the following day in support of the appellants, and contended that the balance of evidence inclined towards conclusions immediately opposite to those drawn by Mr. Laishington. • ' Mr. W.liiitas on Tlin•sday followed ou the snme side, and cited the cases of Bridgman v. Green, Mittman v. Baseley, and Ferries v. !ferries, in order to shew that the Court of Chaneory bail always acted on the principle ache possibility or / amine inimenee, nod bid frequently wt aside deeds upon the ground urtheir having been so outaioed. • • Mr. Jaitice Burrough inquired whether there was say em's rep , . tvd of a will set aside op the ground of crime in i t uroct , ' as the casts cited, teasel red. only to deeds. Mr. Williams was not aware of any, hut submitted that' the analOgy was cumplete. • • Mr. Justice ilib.lUtt *liked, whether It was possible to tic coma fur th recital of the gift of 3,0001. in the codicil supposing it isesei to have learn intended that the deemed should kstow the costentr, when et *veld have been ao Runk NATIONAL more 'easy for Mr. Atkinson to hare given him,cit the cutter min et mice, Without any referetiee to site 3,0001. Mr. Williams submitted that it was impossible fur him to know What was passing in the mind of Mr. Atkinson, and that lie had sufficiently made out the fact that the deceased dad not know the contents, by chewing that the recital was incorrect. Dr. Stoildart rose to reply; hut after some short deliberit thin, the Court intimated that Ito reply on the part of Mr. Atkinson was neeessury, and proceeded immediately to record its judgment, counrining the decisions both dr Chester and York is support of the will and ail the codicils. It however el:titivated the widow and niece froin the costa with which they had heed saddled at York, but left thou tu pay the whole of their own expellees, and refused the application of Dr. Jeuner to tube them paid out oldie estate. LORD MAYOR'S coma, GUILDIIALL.—DEC. 4. THE CITY OP LONDON V. HENRY u.taEn. This was an action brought at an adjourned session, before the Recorder and a specialjury,involving aqueStion us to what compensation should be given to the defendant. proprietor of the Horse-shoe tavern, in St. Martin's-le-in:laid, fur the lo:4 of his business for a certain space of time • the lumae in which, Before the cause was guile into, Mr:Reynolds addressed lie resided being situated on the spot on which it was intend ed to erect a new Post-office. the Court, stating, that although he hail no instrnetions, he felt it his duty to remind his Lordslii.i, that there were four counsel, called common pleaders, nfto were specially sworn, and retained for the city of London; lie felt persuaded that his learned friend would be fully conscious that lie meant nothing unfriendly by what be was about to suggest, but he had been 10 years a barrister, and for 1.1 years he had had the honour to have a place in this Court, but never had he seen any gentlemen placed in this Conrt who were not spe cially chosen and sworn for the purpose. Under these cir cumstances he could not bat consider his friend, Mr. Ser geant Best, a foreigner, who was nut emitted to act. • Th. Recorder overruled the objection that Mr. Sergeant Best was not entitled to plead, but directed that a brief should be given to Mr. Reynolds, as he was determined that the laws of the city should not be infringed upon. Mr. Common Sergeant, ou the part of the city of London, stated, that an agreement bad already been entered into be tween the parties, with respect to the price to be given fur the lease and fixtures of the house ; for the fornier 10001. was to be given, and for the latter 2321. 4s. The only question that remained was, as to what compensation ought to be giveu to the defendant for the loss of his business fur a abort space of time. The enormous sum of 4,5001. was demanded, car rulating a three years' purchase, at 1,5001. each 3 ear, but this could not be listened to, and city were obliged to resort to the present expedieut, in order that the damages might be fairly valued. The learned Sergeant contended, that three years, or even one year's purchase, would be too high an estimate of the loss that would be sustained, us it vas to be considered, that the moment the new bnilding which was intended to be erected was finished, the business of the defendant, if he re mained in the neighbourhood, would be greatly increased, from the circumstance of the clerks, and other officers of that great establishment, resorting to his house fur refreshment. This, it would be recollected, was not a compensation for the good-will of the house, in which case the whole business would lie taken away, but it was a mere suspension of trade for a short time only. Although no witnesses would be called oil the part of the plaintiff; yet he had no doubt, but that in the reply lie should hove the opportunity of making those onset.- rations as would convince the minds of the jury of the impro priety of the claim.. Mr. Sergeant Best, for the defendant, after having ob served on his new naturalization, and complimented the team n od Counsel who bad stepped forward in so manly a seamier to assert the rights of the city of London, contended, that the sum demanded was far below the proper compensation Mr. Baker should' receive, and that the City of Londou would have attended to their own interests better, it' they had at once given the 4,5001. The que,..tion wa)., whether time year's purchase -was too lung a time to allow; it might be urged, that Mr. Baker might get a house in the neighbourhood, and increase his already flourishing business by the great es tiblishatent about to tie erected ; but this was mere idle con , jectiii e,• and unless the defendant could be ensured a corner Lin the Paradise, all that ttttt cut iiiust fall to the ground. 'He asked for jiedice only, and that individual interest sho u ld '' not be saeritice,l to pubaic purposes. Another question was, who would grata a license ; could taht be ensured by the plain tiff to the defendaut? He had uo doubt but that those who 'possessed the power would be very ctrcgmspect in granting it, considering what nests of vice and debauchery the public houses of this metropolis were turned into. • Agreat vae toy of witnesses were then called on the part of the defendant—the brewer, the wine -merchant, the but cher, and other tradesmen, who proved the greatsuins which Mr. Baker was annually, for the last three years, accustomed to pay 'them, amounting, in the whole, to many thousand pounds. • Au accountant, who had been employed to make an estimate of the,protits arising from his business, proved that the gross amount of sunual profit, the average of the last three years, was 2,0i;41. from which was to be deducted 2311. 13s. fur the rent, osc. la the course Of the evidence it was , proved, that upon many of the articles snore than 100 per cent. was obtaiued, and upon others considerably more than 's(t per cant. Sir. Common Sergeant, in his reply, contended that the evict... Lice not produced was much stronger than that which had been heard.; ispeat variety of articles had been huddled together, making an enormous sum but this was not eke fair and liononiable way vi conducting an inquiry like the pre sent. He would ask why wile not the receipts of the pro. perty-tax for the list three years produced in Court, by which lie in a inumtut ascertained what profits arose' trout this extensive business? lint nu, the Court sod Jag • were to he trilled with, and were to hear a uombor of wit. itesses exanined who Wight have been dispensed with, had the defendant thought proper to produce the receipts of the illemast 1411. He concluded rather a lung speecu, by ethos rug the geueemeu of the jury not to be led astray by such .ague and irrelevant testimony. The Recorder very shortly addressed the jury, who, after burin retired, returned a verdict - of damages 1,4001. Sutetcit.—A re.pcetable fern - ale, .., .!aney, wu taken out of the Serpeutine hooine to her residence iii Quell-Sr I Jeep missed tor nearly six weeks. on Iser finger. A of honour posed to honied to MI6 fatal - asfroatl. (1:6 On IVednesilay, another eSamination tools ; , !.t. r at the Mansion House, of the persons Ippretanded lui 'l, o : iu the late riots, or their conues.on with rise riot. •. • ~o• siderable number of witnesses' att. sided to ideate • • oori. /miners, aud to eurroborate facts already Ohle• . vms as crowded as the proper steps taken lsy t:ie Ly: it Mayor to prevent confusion would allow; and anion, :be spre;:dors, we obversed Walley al Highness the Holm of busses.-0a rude, Carter, Simmons a black, Hooper, and P, Atoll; were IN ea a mined, and remanded for further esau.a at ion on Saturday. It is undeniable, that so far as the evidence of Hooper goes, that young Widson delivered to bun the pair of pistols, en the nii i ht previous to the riots, in the presence of Preston* ti nth iw is hat terms, or WWI what purpose this fatal presto; WAS the prisoner refused to state. Preston himself, though lie de nies any hostile couuesion with the rioters, and scoot at the formation of any conspiracy for disturbing the public peace, seems to have recovered hiiiiiientorr a little since he was taken him custody, and fiediug his recollections aided by the 'es ls deuce of several persons who witnessed his conduct, con fesses that be was in the waggon daring the harautnie of the Watsous; that afterwards, tat the same day, he was among the rioters in the Minories; that he might have passed throagis Cheapside while the city • as ill alarm, front cariosity; that Its; committee, of which he was secretary, did arrange the de vices for ie colones ; and that he used a quantity of ribbed; given him in a present, for making tri•coloured cockadestai had nu evil design, however, in any ono of his actions, &N 4. use of the tai-coloured badges, he declares, was a therein*, gestioc of caprice. an innocent and harmless fancy t conduct of this man lichire the Conet indicated a strati; combination of (oily, effrontery, and enthesiasin. PUBLIC EXAMINATION OF Tffl RIOTERS. Nstoa-Hutum.—On Wednesday the perilous charged with having been concerned in the riots in the city were pub licly esaniined before the Lord Mayor. After the dismissal of two or three persons who were (pies. limed upon the subject of fire-anus iihieh they hud in theit possession MOD after the disturbances in the City, but w hick there was no evidence they bad obtained in any other manner than by accident, the prisoners were brought to the bar se parately. A buy, named Walter Vincent, son-in-law to a man flaw,* Drencher, who is known to the Akers as a very tailwind fellow, was charged by a pawnbroker, named Saddler, with having offered at his shop a pistol as a pledge. The boy's mother appeared, and said that her husband brought the pistol to her lodgings on Saturday morniug, here, after some quarrelsome expressions, lie threw it upon the table, and desired her to send it to the pawnhiuker's if she wanted any thing to tid.----VIIICCUt was remanded. dandle!! was then put to the bar. John Curtis stated, that he sew dumbed at the Exchange, in Threadneedle•street, amongst the mob, but without tire- UIS. Abraham Samuels stated, that Gansbell had a goo on the riot day, near the Mao-lion-house, and that upon being ques tioned as to the place where he obtained it, he said he 'got it where he might have had as many more as he pleased. Gough, the officer, apprehtiided Gatubell in the Borongliu on the riot day. whet+ he had a musket in his possession. The musket WkIS produced, and identiked by Mr. Meekwitb. Carter was next examined. Mr. James Prince, who resides in Mincing-hiatr, said,. that at half-past one o'clock .ra the riot day he saw Carter vireo,* the Bank of England, with his bosom open, and to all npw pesrance in a state of intoxication. Outer cried out fre quently, • 4 I.)—n my b—y eyes, you may as well shoot me as starve ine ! Now is your time. Britons • now is the time iny boys!" The witness put him into the hands of John Brady, an officer. Mr. James Ewart confirmed' the evidence given by Mr. Prince. John Brady saw Carter under the above-mentioned cir cumstances, and thought Min either drunk or mud. Whew the two last witnesses g.ive Carter into his custody, a crowd Caine down upon him, bat he k Brady) presented a pistol at them, and swore that he would bluer the brains out of any man who would attempt a rescue. Carter went quietly alone wish hint. Nothing WAS found upon his person. Carter said he was very much in liquor nu the day of Isis apprehension, but had no thought of joini ng in any disturb ance. The Lord Mayor reminded him that he hid, at one of thsi private examinations, confessed having carried the flag. Some respectv.ide persons gave a high character of Carter, and mentioned tti.st drink had the etiect of making bfin riens. The Lord Mayor asked Carter whether belied not been before him upon some former complaint? Carter declared ilia he never bad ; but said, that be wee -lodged in the COmpter one night, in con.equenee of the lialnehed state in which be was from the immoderate use of Mr. Teeple said, the account given by Cotter, as to his drunkenness, was true. 'l•hie Lord Nlayor observed, that the character of Carter, and the circumstances just mentioned, might operate to his advantage in 'mother place. Richard S . wits, a black man, was then put to the bar. Mr. John flail, of the Circus. in the Miunries, said, that ho went amongst the rioters on the day of their exertions. The Minories was one scene of tremendous confusion. Sinunoni was in the midst of•tbe crowd, and was brandishing a sword, which he knew very wed how to handle. WiIIICS4 took three blunderbusses and a sabre from the linters, and was of opi nion, that if lie had received any assistance he could have taken half the multitude. 8' noes here said, that lie was passing through the Ml ' nories fur the purpose of going to Spa Fields, and was met by a buy who had a sword, wind) lie offered to him, teihug him at the saine.tinie that 'fle did not take it he would be silted by the timbers, who were galloping through the streets. Simmons said on this account he took the sword, but soon after gave it lip to a soldier, who rode up to him, and told him if he did not lay down his arms he should be tilled. •I'lte Lord Mayor titre observed, that he had positive infor mation Obit it was the intention of those who left spa Fields, ,ind advanced loco thorny in so menacing a body, to procure Nile who remained iv . dispatch, iy weste► t "fdriiiiitable induce. - Malaga& had ' daer was h- . .. the anus they could, and supply those who j r the place of meeting with the greatest dispatch, female, far advanced in preg- carry iuto eacyu , ion plans of the.mostsfitrotiduale Serpeutine River, and lorough ur. Heil proceeilvd as his cvls_lcuce. Stamm gegg.strect, Br u mpto n . .word iu his posse s sio n beloreMr. Mason's d*er reks. Sbe amid a valnaulc vin,, open. He . did noAldug Ike Wi s taria, ;was numr.iu her owe condset •trandl'ell meet • ' ga t astroo ht e , r h us b au d b eiot Mr. V. G..flowslag stated, that he wish in th • subactitteatli to tho brtallatti nitiltet M, &Ifs soon total ofor- rids, care d in r to I Me 'ken but • sa• g ": •