The National Register. — London, England, 1814-03-13 00:00:00

THE NATIONAL REGISTER. 174 LAW INTELLIGENCE. COURT OF CHANCERY, SATURDAY, MAECU 12. PRITCHARD V. lIFIVT. In this case, Sir S. Ronaldy app lied to the Conn on a former day f r en injunction, which lie obtaine , to restrain the defendant trom-pr , • ceeding upon a bond and warrant of attorney of the plaintiff,held ol by the defendant , which. it appeared, had been granted uidtr t h he-f ]awing circlitustatices 1806, plaintiff, at that time a young man/ of V. 3 years of age, applied to defendant for the loan of 6 ( 101., for which he agreed to pay 15001. six months after the death of a Mr. Butler, at that LiTht. 68 veers of nee, and at whose death plaintiff bad stern expectation:. Defendant ativatked the money, and received plaintiff's !mud for 1!)001. at the time mentioned. Mr. Boiler died in •October 1806 HAI defendant immediately applied for the payment of I the bond. necessities, however, still continuing, he ap lied to detentions fur further time, who agreed to gi v e hint fi ve years longer upon his giving a new bond and: warrant of attorney, and agree ing to pay the interest of 15001. half yearly. The bond and warrant et attorney were given, and the interest was regal:illy paid. The pre vent application, however, was made to restrain the defendant from acting upon the bond when it Ihuuld become due; to call upon him to account for the monies which t.e had already received by way of in kiest, and to ply back all which he had received above the principal aunt of 6001. and legal interest thereon, on the grounds that advantage had been taken of the necessities of the plaintiff, to induce Lim to nial,e an improper transfer of his reversionary in terests in the p roperty of / dr. Butler. Mr. Hart now applied to Irate the injunction dissolved, on the grounds that wlintever objection there might have been to the original transaction between the parties previetis to the death of Mr. Butler, those objections were all done away by the subsignent engagement tatter the death of that gentleman, and wLcn lie had the interest in possession and not in reversion. The Lord Chancell. , r observed, if the transaction bad stood hi its original shape, and on the original bond, he should have had no diffi culty in continuing the injunction; it would clearly have been a sale ef his reversionary it.terests under the pressure of distress and embar rassment. The only difficulty in the case was the new arrangement made alter the death of Mr. Butler, and which, it was now contended, swag confirmatory of the original transaction. He ti 011 1 .(1 take an op. yortunity of looking into the cases which had been cited, and give his *pinion hereafter. MARCH 13. But, sh ! I tuned it to my private gain. I }might my horses at a lesser rate, And charg'd my country to the HI amount, And ev'n the ti od those horses should have cat I savq, and plac'd it to my own account. 11, said the Learned Seijeant, •Mr. Montague Bui4oyne had been guilty of this conduct, he would not only have been Unworthy to have stood as a candidate to represent the county in Parliament, but he would have been unfit to sit in the lox from which he had just retired, administering' the justice of the country as a Special Ju r)man. Bnt this was not all ;it went on to add, Sworn to protect the soldier's lawthl tines, On all his dress a guilty price I laid— Cloaks, jackets, leggings, biceches, gloves and shoes— From his scant purse to me a pistole paid. This, forsooth, was only to .be considered as an electioneering squib, which thrust at the vitals of Mr. Burgoyne's honour and character. He was the last man, and so was Mr. Burgoyne, is quarrel with mere electioneering squibbs. There was one at the bottom of the very libel in question, which, if it had been all, his client would never have quarrelled with. It was thus :—Elections eering wit—" In times like these," said a freeholder, " we require men of energy and spirit ; in short we want fried men, and no up. starts." " Theu," said a wag, " choose Mr. B. ; he has been twice tried." TheAc sort of paper pellets Mr. Burgoyne would never bare noticed; but an attack upon his honour and character he wa• bonne! to vindicate. He did it from no vindictive motives—and he would now make this otter, if Mr. Kelham, the priuter, would give up his author, no evidence should be given against him, and Air. Burgoyne •.vould even be satisfied with a proper apology from the author; but if this oveiture was rejected, Mr, Kelliam must, here after, on the floor of the King's Beneh, answer for this publication. He had said, that the author had indemnified likm against all conse quences, lint be would find that there were cousequences agains; which the author could not indemnify him. A Mr. Hodges, an attorney, proved that he went with Mr. M. Hnrgoyne to the shop of Kellham, who acknowledged that he print ed and published the paper, but said lie was iaiunnified, and refused to give up the author. Colonel Burgoyne stated, that he formerly raised a regiment of Fencible Cavalry, wine* he conimandcd : that be was twice tried by a Court Martial, and was' acquitted of the charges brought against him; but he was censured for an irregularity in changing two horses, though the substituted horses were better. The libel btiug read by the officer of the Court, Mr. Nolan, on behalf of the defendant, addressed the Court at considerable length, and contended that this must be considered, as an ebullition arising out of the heat of a general election. The Jury found the defendant Guilty. POLICE. ...4,swobwm. Mastsroiv-itetist.—Alexander Mitchell, a wretched looking Cale donia*, was yesterday charged en suspicion of intending to steal some article of property in the counting•honse of Mr. Vermeil, in Timrogmorton-street. It appeared that he had frequently been seen lurking about the premises in qntstion, and bad once, on being in. tcrrnpted in stealing a door-mat, knocked down the young man who bad :.poken to him on the subject. The frequency of thefts commit ted in the counting-houges in the city, EIA well as the unsatisfactemy account which the prisoner had given of himself,, led to his appre hension. He was remanded, to bring some person to speak_ to his character. &writ ALL—Mary Bromley, a I'uphian Nymph, was yesterday charged with stealing a 51. note from Win. Jordan, a private in the guards. The prisoner, it appeared, had inveigled the complainant into a public-house in Fleet-street, where, by her attractive arts, she contrived to draw the note in question from the fob of the soldier, and escaped with her booty. The property was missed, however, and m.he was followed tea neighbouring public-house, where, .by the assistance of a constable, time whole of the money stolen, with the exeeption of eighteen pence, was recovered. She was sent to Bride .well for a month, as it was probable the soldier could not stop to town to prosecute. On Friday week, the bank of Messrs. Sheath and Son, at Spalding, wasentered by some villains, and robbed of nearly 14001 . This daring act was committed in the middle of the day, while the agent was gone home to dinner. The thief or thieves luckily missed ex amining:another drawer, iu which about 30001. were deposited. Three aen, called bankers ; have inell taken up on suspicion, gROVINCIAL ASSIZES. ESSEX.—CHELMSFORD, MARCH 10. THE KING e. KELIIAM. Mr. Heath stated that this was an indictment against Mr. Kel- Lain, a printer, of this town, for the publication of a libel on Mon tague Burgoyne, Esq. a gentleman of the comity. Mr. Serjeant Best then stated the ca , :e. lk said, Mr. Bnrgoyne, on the late election, was a candidate for the high 119nour of repre renting the county of Essex in Parliament, and during the election the libel against him was published, which was one of most atro cious malignity. His Learned Friend, Mr. Nolan, who was counsel for the Defendant, would argue that it was a mere election squib; Litt the Jury would judge .whether that was a proper Character of it when they came to hear it read, The libel was a parody of a well-known poem, beginning, " Pity the sorrows of a pour old man," and it began :-- Pity the sorrows of a fallen man, • Whose wounded conscience leaves him no repose, Whose honour's dwindled to the shortest span, Oh, deign to listen to his tale of woes! Here the libeller plainly told the world that,qhe Hau. Gentleman bad lost his honour; and the next went on to state those facts which he imputed to him as the cause of his honour having dwin- Should I a history of my crimes reveal, That goads :vtith anguish this afflicted breast, O'er your flushed cheeks resentments glow would steal, . And looks of horror could not be.represt. An honour'd name was my paternal lot, . And pure the joys of life's untaruish'd *min ; But, all! too soon their influence I forgot! My name now bringi me but contempt and scorn. My !leapt high beating for my counti3's cause, I fondly thought that cause would still **Wain, I rais'd a regiment to support her laws; _ . _ .~... r~Y ~ r s V lb • •4 1 It I, 4 ! • •