The National Register. — London, England, 1818-05-04 00:00:00

1 1.1 Li Jr INTELricLATF. COURT OF EXCILEQUF.R, APRIL 25. SIU wArsAN 1.1 NI - 3 v. 3. MORGAN. This came, which Lis been in litigation 40 years, has at length cot .... to spimr..ing like .t termination. Mr. Morgar al t ead I ontere.: on appeal lit the !loose of against C:e late it: the F.%cheyit.r. and the Deputy Renton. I roilicer has to iita.se t 1 genei.il report on the subject. Sit 'SS ;non has also pt.t. in 411 alis%t er to interrov.atotiett on th, p;tit of Mr. Nlorgan, which till hos% een t and 400-folios. Mr. Daiiimey etc t;:t pat't of Mr. ' , lto gttla moved for post ponement of the order to pay into Court two-sums he hail re ceised on: of the estate, one 0f4,0001. to poy oil' a mortgage of his nephews. ;red atibtlier of 4,1Pr01. neither or which had beea so a l ipiied. Mr. Blake on the part of Sir Watkin observed that accord. itlg to the decision of the :it iter, the mortgages were paid oil in 1407, an , l yet since that pet ind Mr. Mu: gan hail continued to rercise the profits of the estate. Mr. Pluincey intimated tlr.rt the object of his client was to secure rise balance lie foetid due to hint, on the final settle ni ent of this account. Mr. Anion Garrow reeolurr.entled the parties to come to a mutual understanding, and in consequence it was deter mined, "that Sir William should be pet into immediate pos session of his t states ou condition of pitying into Court 4001. per arouse; one half to go to Mr.Murgan, and the remainder to Veep down the interests on Wilder:: mortgage. This sum to be paid until the whole accounts - are made up and the ba lance settled ; and the agreement to he entered isito by Sir ii atkin without prejudice to his own case." COURT OF CHANCERY.-TuESDAT, APRIt 28; ?INFEST V. ORD. At an early hour the Court was much crowded,by persona anxious to hear the decision of the Lord Chancellor in this interesting ease. His Lordship took Ins seat at about 10 o'clock, and addressed the Court to the following ettect - " This matter first came before me, by a petition presented on the 11th of the present month; and it is a material duct,. short, being a petition sent by Mrs. Taylor, and supported by n affidavit, which rendered it lily duty to make an order, ac. cording to the common course of the Court, to restrain Lord !Stewart from contracting matt bonny with larrly Frances Vane Tempest. or having any further commuoication• with her upon that subject until my further tinter. I narrlly disposed of that petition by making such an order, when another pc titton was presented by Lady Frances, which petition prayed au immediate reference to time Master to receive proposals of a settlement upon a marriage, of which the approved. The first petition having given me notice that one of the guardians approved of the mars iage,andthat the other totally disapproved of it, tiro order that I was to make upon the t:ecoad pennon was obviously tor the attendance or it parties. Soon after this a third petition was presented, more in the regular course of business, from Lard Stewart himself, praying that he might go before the master to eats. hlish the fact that this v: mild be a tit and suitable marriage ; and that in case the M ter was of opinion, that proposals of settlementmight he lain before blur, and here I remark npon the expression ot settlement,. because in considering the question, whether it would be or not .intuitable marriage, it cannot be tho roughly investigated without attendance to the circumstance, whether proposals could be made for a proper settlement. It is due to the interest of the %%aril of the Court to give the parties an opportunity to be heard, by directing a separate report to be made by tl:e Master, to take the opinion of the Court upon the propriety or imptopriety 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 maw reduced to two questions-Ist, whether Lord Stewart should have what had been called in the course of the argument the sisreal reference to the master. The second question which it is my duty to determine, is, whether that order, which has been prayed tor to restrain Lady Antrim from any communication with her daughter, exceptiug in the presence of Mrs. Kay, until the issue of the reference to the Master shall be Loosen, shall he granted. I have thomght it my deity upon this occasion to endeavour to ascertain what has been the situation of the ward, and of the oature of the go.n'dianship of those intrusted a ith the care alter, appointed on the death of her father, which took place in August. 1813, at the t' • this young lady was about 13 years of age." Ills Lordship then referred to the Master's report of 1814, settling a plan for the education of this young lady ; accord jog to which, she was not to reride with either of her guar dians, but to be placed under the care of Mrs. Kay, a lady of the highest respectability—it was 10 1 tMl!‘e settled, that except to her guardians, Lady Antrim and Mrs. Taylor, she should not be allowed to make any visits without their con ramtoor should she otherwise receive any. In const.quenee, however, of repeated applications to the Court. the you rig lady obtained pet mission for the benefit of her health. to ;to forsoln , time to the sea side, where it appeared, according to the atfolasit of Mrs. Taylor, that propositions of marriage had b..en made to her it, the !ludic, of I Mit, with the Colic tur letite of her mother Lady Antrim, although in consevence of her, Mts. Taylor's remonstrances, they were afterwards broken IX. Not long after this traissaction an application was tnatle to the Court, anal indeed it was high time an applica tion should be mode, to vary the plan of cdoeatiao wltieli had tenor adopted; and it now appeared upon a report whirls the 1k I aster hail not been enabled to make until !Oh March, 1810, Boat, it, li,s opinion, all alteration should he made with refel - sue:: to this young lady's eiliteati , ni. And the Master, it, his t•i•port, h a il declared that by agreoment this yoling lady mist° intro:hart al at Com t be Lady Amami, and to visit with Mrs. 'J'as : u nit Lady Antrim; boa add:ot. thot if any ineouveni. be telt by this at rut:gement, a notice by each of vie petite, •voirld operate. HN a lit.e.,trgr 0f his opinion. Ibis 1. their ;viva rtt al to the proposal of :marriage which hid been ma de by Lord Strout, ;toil accepted toy Lady I ranee, on the toll :limit. That haviog been communicated t toe ali e n the 18th of %pi it, it pruiloced 4 petition foam the lady, implicated by 4 this affidavit "Irs, for had stated the gaogn,ls :twin whirls she opposed this ninon, •• that, ree.illeetin:: the plait formerly entersol into by the Countess t t etrean. a 1 , 1:111 . 142T. met amen her daughter ah.l a 111)i.:V.11113111. %%WWII( has it,; CO11'0.1:101 limo is istlrfs of the plailatel, toe ilepothaut bee one ;I l ya eheosivo lest a similar prnr•ia have ail ithoUt the knotti" 11.1. Of the i.:.11 , 1*.4d . ." airili‘ it thou pi oCeeiled to ems. ry•l pei• mot o' , ieetimrs to Cord Stewart, and .• tit d IS 10 7,, at . , ~ 1• or tliereatunits." His Lord slaap would lei ^7 y •.ais et age in Ili; month of May next; altar again, " altar lie is a , viii , w,•r, with it sou, not many Your, younger thou t;ie his Lordship Misery ad. ass a very :meet mml mac \Ouch might illustrate tale aux•Oy which t act ru emit of doors penal respect to Luis TIM. NATIONAL IVEGISTrIII rase. The next statement in the affidavit was, that Lard Stewart "is the younger son of an Irish Peer, without any torture rr provision." In the bailie affidavit it was also alleged, that Lord Stewart was In embarrassed circumstances, and that his habits were dissipated and irregular; and that then! were other ciren ins' a ores objectionable w Web ought not , 0 I c mentioned in open Court. First, then, with respect to the allegation that Lord Stewart was 40 years of age, the in. ibrination was nearly correct, and the belief was well found ed. It wasa cireuniiitance in his • judgment, which should he attended to. In the letter written be Mr. Whitton for Lady Frances, it had keen treated lightly ; but it was a fact de serving great consideration. That Lord Stewart was a vvi• dower, with a sou nut much younger than the plaintiff, were circumstances which u'so required consideration. With re gard to the imputation that Lord Stewart hurl no fortune, and was in embarrastee circumstances, he conceited that the assertion was groundless, mill ought to have no eredeteer, considering the manner in which it had been met by the offr drn•it of his Lordship. Ile had no less a sum than 2t 0001. in personal property, and sea, free from all debts. The next point in Mrsr Taylor's affidavit was, that Lord Stewart was in tiitsipated-and irregular habits. What the habits of Lord Stewart were he could not say ; but he could with great truth affirm, that he knew• nothing against the ptivate character, and every thing in favour of the public- character of his. Lordship. Whether this was or• was notithe fact, it was the duty °film Master tn decide. With respect to the teference to the. Master, he wishid here to observe, that, to posing that should be his deteirdnatlon, that reference would have no Oft ct in deciding the question. The question, be observed, was then redured to this ;wird—whither Lord Stewart's con duct in the negociation for the marriage had beemsuch, that Irr that reason, and that alone, the reference ought to be re rimed. Under all the circumstances of the ease, he could sec tin objection to the reference being made to the Master ; nor did he see any cause for delay in the present inquiry i• on the contrary, he thought it would be most advantageous for all parties to have the propriety of the union inquired into. It' the Muster should be of opinion that this is a proper marriage, it would be by no means a matter of course that this Court would confirm that report. With respect to the other ntotion, whether Lady Antrim ..hould be continued under the restraint to which she had voluntarily submitted herself, he felt no difficulty in saying, that paying no regard to the high rank in life, looking at what had passed with regard to the transac tions oldie year lisle, anti tr the present affair, it did appear to hirn•to be proper to order, that ,until the Master's opinion should be grven, the restraint should be continued. It' Lady Antrim felt uneasy at thearestraint, she might have an oppor tunity of applying to the Conti whenever she thought proper, and of giviug any explanation she might think expedient ; but there were circumstances in the history of this transaction which did not appear to Win to be quite consistent with the duty of a guardian. • Monday scon:eht, en inquest sat on the body of John Darby, of Birchington, near Margate, found drial on the shore near the latter place, on the preceding Saturday, and brought in their verdict--Found dead on the rocks r withont any evidence how he came by his death. The deceased had come from France with a French smuggling boat, and when he lost his life W 4% assisting in landing the goods, and had re. turned in the small boat to the larger one, to obtain mine : this is the last known of him alive. (n inspecting the body there was found a lathe cut on the head, and the scalp sepa rated from Orr skull,. with heavy bruises across the fingers and from the cirrninstance of its being known that he haila watch, a pocl, et hook, and a 51. note with him, all of ss Weft are missing, strong iieprehensions are entertained that he was robbed and murdered by the Frenchmen, who are at present unknown. Another suspicious circumstance is, the Fi coch• men sailed away soon afterwards with the large boat and part of the cargo, and do smaller boat drove on slime. Ile has left a wife and seven children at Birchington. Three of his brothers fteriNlied on the roast of France, not many months since, in the same delusive traffic. Amongst the many astonishing feats of pedestrianism which have been pertorinvil, there is notlong on record so great as that which was undertaken by C . aptain Woodford, of walk. ine 70 miles per day for three snceessive days—a task which no burse is competent to. lie started over alO mile piece of V' *lnds from Longwood., Wits, after the cluck had struck 12, on Sroiday night, and he did six miles an hour for seven !vain,. He completed 70 miles at 11 o'clock at night, and altilungle fired. he was not distressed. On'Fuesday he walked 10 hours, taking rest only four. lie started on Wednesday moaning the moment the clock had ,truck 12, much rediteed and fatigned. He did 10 miles by six o'clock, hot he hail no appetite for breakfast ; be pursued his journey again at seven o'clock, and did L 5 miles by 12 o'clock, just hall the distant c, in 12 boars. At tit a o'clock he uas so much worn down, that he was enable to proceed, having performed 12 miles more ; his feet were inticli blistered and both lees swollen. A f''w days ago a distress was levied on the goods of a mnn named ('organ, who kept a ettflae shop in Nionr•strret, 4even l i Dials. tar a quartet's rent of 131. s. lid.—Some resistance be ing uttered to the looker and his men, they broke in at .the wintloWs; :tad Cargan, in attempting to get nut backwards to rail in assisaame, fell off the wall, and was pitched on •t beam of wont ; by which he was so seriously injured, that he died in great agony. NI:‘VGATE.I%c understand a most laudable improvement has diktat place in the management of the prisoners. Ma'. Brown, the present Governor, has deviated from an cid brit utritistiliable custom, that of placing manacles it pun every prisoner as soon as lie enters the prison. Ile very justly maintains, that es - cry prison committed has a rims to be considered innocent until the + eriliet of a fans decides to :ar contrary ; Ira therefore has now upwards of 100 prismiela tinder his charge that;:re not ironed, and `the City Magis trates have his sly appr es ed the piss. A very rare natural curiosity was picked op a few days ago at sea, elf Harwich. It is railed the Barr..::le tree, or tree bearing geese. shell is like that of a fireside, but lea sued or five parts, and attached to the plant by a 'leek resembling the windpipe of a chickeu, a!tout five inches in length; and notwithstanding the many Imuilteds whiell are pc:id:tar flow a few inches of tie tree, the resviablanee to part of a fowl may be plainly seam Irani each shell. This rail 'li nary prodoction ul the marine world is fully des scribed in Gerard's Herbal, pilliliolted in 15117. Go Wednesday o eek, Capt. Newtou, of the brig William, Stair.' in II forint r paper In have been committed to Haver fordwev.ga..l, on slispienni poisoned Captain Rider, the late master of the said vessel (who died shortly afier wards), and William flow.' n, the mate, who uecame much indisposed, was, in consequesice Of the iierital of Bowden Yrma Liverpool, re.exarnined, and finallyennituated to take his trial thei .teat Ailiairalty Sessions in Lvudon.—Glaratee POLICE. -0- MANSION-HM.ISr- a MAY 4. Mr. dale, chemist, of Cauell. appeared to answer tie complaint of. Mr. Wood, who result near him, upon a soh. jest which has excited no little alarm among the females in the neighbourbood... Mr. Wood stated, that on Smolay last, at 1:;' o'clock at noon, his female servant, upon going np stairs, cu all something very bad, but did nut know to what to attribitt.e it until si.e got to the top of the house, fremathe roof of which she saw a gnarl tity of human bones, partly scraped and hanging to thy in the sun, at the defendant's window. Upon looking again she observed rarioue separated portions of the human frame, and also the inntilated remains of the body to which they appeared to have belonged, and which was in a disgusting state of putrefaction. Upon a former occasion the com plainant had seen the 11(M5 of a child hanging in the same way, and the spectacle and sawn were a moat abominable nuisance. Mr. Vale said, he was st student at St. Thomas's Hospital, and found it essential to his professional pursuits to make certain preparations. To say the smell was a nuisance was quite a- mistake. In tact there was no smell-at all ; for the subject was beyond that state at which it affected the olfac tory nerves. lie denied that any flesh appeared ; for the bones had been scraped as clean as possible, and he hoped the obligation of attending the duties of his profession would be considered a ju4tification fur presenting to the eyes of those, who went to the tops of their houses for curiosity's sake a few bones. _ Mr. Itiggleswoltli, %rho lives in the same neighbourhood, confirmed Alf. %‘ood's statement. The stench, he said, as intolerable. Mr, Vale said he smelt nothing disagreeable, and he was oeuvineed nobody else eould, unless he put his nose to it. As to the sight,none could he annoyed by it, except they went to the loot's of their houses. _ _ The Lord Mayor declared, that if the nuisance was not immediately removed, the city solicitor should be instructed to proceed against the def'en►dant. His Lordship sent dr. Brown, the marshal, to examine the place. The intelligence brought by the marshal corresponded with that giveu by the complainant. The defendant consented to remove the nuisance. GU ILIHIA LL. Monday, Mary Heartless and B. Goodyear were charges with uttering a forged 51. note.. The female prisoner went on Saturday week to the shop of Mr. Guest, a pawnbroker in Fleet market, purchased two shirts for 11. Is. and tendered a 31. note in payment. The shopman look it toe neighbour, who said be believed it to be forged ; but in his absence she quitted the place; however, knowing her residence, he sent fur an officer, who apprehended her. When in custody, she thm.ribed the male prisoner as the person of whom she had the note, and he was also apprehended. At hi; lodgings a letter was found from a woman named Trencher, who had been transported for passing forged notes ; and on the back of the note in question the name of the woman was indorsed. Mr. Lees, one of the Bank inspectors, said the note was a. gross forgery.—Magistrate (.1. 3. Smith), "And is your simple asseveration, Sir, sufficient proof of that fact i"--Mr. Lees ' " The Jadges have so decided—they arc always satisfied with such evidence."—The Magistt ate said, bethought a more satisfactory criterion might and 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 guilty connec tion between the latter and I'reaclier.—Mr. Lees," Iu our minds it is a very strong proof of such counectiun."—The prisoners were remanded. BO Vi"..S'rREET. John Jones, a pauper, who had been frequently relieved at the office of the Society for the suppression of Mendicity, was brought up ocauesday, charged with an act of vagrancy, when One of the members of the society a.teisded, and stated to the magistrate, that the pti,oner had applied to the over seers of his parish fur further relief, and itad liven refused the same; and that as this man's case W;l3 one of distress, and not wanton beggary, lie requested that the whole•onie pro visions of the law, which permits a commitment of one day, might be put iii force, and that the rjward of five shillings might be ordered to be paid by the palish, which would pro- Irahly act upon the overseers as meatus of influencing flit in to a more efficient discharge of their duty. The worthy ma gistrate (Mr. Hiroo!) cum:stilted the man fur one clay, and granted an order un the uverseer for the rewat4 at five shillings, which lie will be obliged to pay ins presenting the same. Tu . slay, a young man, .falling hirase!f henry lloword, of derer t apt earance, and in the undress of a military a/Hal, was e‘amined btfere Mr. Birnie on several charges of fraud. The first was preferred by the mutual' the Key-brothel, in Chan dos-street, who stated that the prisoner, in company with another young man and two females, cam: to the Key at catered sut.per.— The prisoner's male companion, told hint lie mid only about It., and asked him it he had any objection to take a. bunker's check, to which the witness at first objected: but as had seen the young 13111t1 baOre. At lest agreed to take it. He gave his name 211 Captain Armstrong, of the Guards, lodging at the Clarendon. llotel is Bond-street, and ennwed the cheek, which was for 101. drawn on Sir John Lub bock and Co. Mansion-house-street; he assured witness it was a gaol one, and the prisonerobsened that he wishedit was for 5,000 i. hist( ad of ttiL Witness agreed to take it in the morning in payment hit the bill. Thiy both desired to he called early, as they must be upon due, or. the parade, which was accordingly dune: and after breakfast the prisnier . c companion, atter iliscLari:tog thtbill amounting to 31. It's. received:A. :2s. for his check. On Fending the draft to the hankers far payinet.t, the answer w.:s, *. re etfe:ts, nor did they know any such person vs the drawer ;" foutteen checks of a similar description had eLel presented for payment the prezeeding day. Mary Wood, who keeps the brothel, U. Lisle -street, Leices ter-, iti.ire, stated, that ors the evening •if Tuesilay sennight, the pi. soner, in company with a young man answermg the description given by the above witness, wearing a military great coat, military boots and spur, having initsmehius, came to her Louse, and entered the private parlour, which she thought a great liberty, as she :Anti:led no gentlemen to her house but those whom she knew, as she ttli: them. The prisoner, however, made very free, said, although she tha not know hint, he was an 4.6i:cc in the Mb regiaient, 51111 Cord flubeit Manners, Col. Quentin, and young Burdett, were his p.m.:id:lr friends, and lie wished to sleep in her home that night, .as did the prisoner, who was repres.nted as an otTicer belonging to the ad Inaction Givirtls. aid she conside:in4 [hem respectable, come nn ti their remaining in her house. On the mat morning, in pi . , nn et fur the bill the companion g . :Lvt• her a cheek for 101. tigind by W.l'. Samford, drawn ou sir .1. Lublwek and Co. ; she es pre-sed a hope that it was a good one assthorl dher it was a very j.kwal one. *ail asked her if she sum used lie would sacri4ce his eliatrieter in tie: reg.- nitnt for ltd. 'f lie IRONIC!' was not present when the check wits pre• scited to her, but ;he had nu donlit but tile prisoner knew•tbe clic( k was pea for nothing : it was mat paid. :Ifie prisoner et,dlikt cc:n liamini afterwards went to the Ittimtne;. sor Clittring-orrwa, where formation hall:wen reec,eod of Mrs. Nri. - •od having been swindled t'y