The National Register. — London, England, 1818-12-13 00:00:00

DEO.- 18 ~ • Morgan Ries proved the bills; said they were given for goods, but that some of the goods had not been delivered. The clerk of Miles's house proved that the transactions between Miles and Jeremy were unknown to the rest of the firm. The acceptances were sent by witness to Chambers, who told him lie was well acquainted with the circumstance that the other partners were net privy to the transaction. He said, if the bills were not paid, lie should proceed against the partnership, and desired that Miles might be told this. When be was told it, he paid a part of what was due. The sense winless then proved Miles's private b ill-book, which was unknown to his partners. Miles bail bid witness entreat Chambers not to let the other partners know of this, as it would cause Isis ruin. On cross-exansination, he stated lie had received several stunriroin Jeremy for Miles, to take up bills that were due. The ether. partners were seldom in the shop, and did not knew of these bills. Mr. Alderman Waitliman stated, that his 8011 went into partnership with Miles in 1812. About the Ist of September, ' 1.8116, a discovery was made in consequence of a dislionustred bill. Witness shortly afterwards waited on Chambers, on ac count of transactions in which the house of Miles was involved: saw the bill that led to the discovery ; that bill was paid af. terwards. Witness saw Chambers frequently afterwards. Out the cireemsiances of the transaction with Jemmy beios related, Chambers was pretty frank, said " Ohs, I am up to Jeremy's tricks. I don't do my business US lie does his." He afterwards stated he had another bill for 2001. which he show ed after some hesitation.. Witness fixed Ins eye on the date. Chambers said, " I see what you are looking at, but I dual uteri that, I've got security." Witness asked him not to me aliles's house ; and Ilprill being told that Jeremy could pay, Chambers said he would make him. Witness told hini that Miles was only u manager, had no authority to accept bills, and that witness advanced all the money for the concern. Witness told Chambers that lie had been to Jeremy. and that it was the intention of the partners to prosecute Jeremy for usury. Chambers then said he would not sue the house, but would even advance witness 1,0001. on his note. Chambers said he knew the house could have no occasion to be supplied with goods by Jeremy, as witness could supply them. Wit • ness was afterwards surprised at Chambers commencing en action: and on remonstrating with him. lie said it was only a matter of course. and he should nut ;Amen'. Wits. ness had told Chambers that Jeremy had informed witness the other bills accepted had been cancelled, and the goods for which they were given put away in the shop ; that \Je remy, being remonstrated with by witness as to the rice of the goods, said, Miles was always euminacto we hi istress, mud I had a tight to get as :lt as I could. '. On cross-examination, the witness stated that these con versations took place with Cliambeis before the 4401. bill became doe. .„ Henry Miles was present at transactions hetween his . Deo.. titer and Jeremy I, they were kept secret from the titbir parts stemmed in a private book. Goods were sent to his brother from' Jeremy, and sold at a considerable loss. Miles sent to Je. remy for the goods ; but Jeremy kern' that the partners were nut in the secret. The 2001. bill was dated the Ist of July ; before it was accepted, witness had inserted a 2 before the 1, . to gain time. Jeremy came and remonstrated ; wUness told hint he had done it to gain time, as 20 days woaldhe of great service. Jeremy approved of this. -. llie learned Judge held the alteration to be intuiaterial after ' tide appruval. 011 cross examination, the witness stated that some of the goods furnished by Jeremy were entered on the books of the partnership. John Jeremy received two of the bills in question, with another of 4-11. since cancelled, for a parcel of goods, on the 9th of Ausg u st. The goods were looked oat three weeks before by Miles, for a customer of the moue of Scribe.. Smith called on the 17th of August, saying that Sciihe's bill bad been dishonoured, and that, therefore, they would furnish him with no more goods ; and desired to have no mote of Je. reiny for that purpose. Witness told him that Miles had gives a bill of till. for goods before furbished, and 901. fur awlsr lent him ; that the bills were then out ; but if Smith would bring the money, Fitness would recall and pay three. Smith said he would examine the hooks, which hating done, he came next day and said all was right, but begged witness'. assistance. Witness then told him what bills might he pro longed and what not, and cancelled the bill for all. the goods not having been delivered. Nobody ever famished him will. money to take up the bill fur 2001. It had been placed in Chambers's hands as a security•for bills that became due the 26th of August. Witness was indebted to Chamber. iu other respects. Lloyd, Chambers' clerk, stated, that one of the bills was deposited with him by Mr. Chambers, and one by his 8011. George Edwin's, Miles's clerk, being called again, said be saw Mr. Jeremy on the subject of some ut the bill.. lie said, "The whole ailments to nothing ; I have cancelled the bills, and glut the Knolls upon the shelves." Upon this evideirce. Mr. Searlett, fur the defendant, con. feinted!, dui as two of the hills fur tool. each embus two the hands ut Chant hers immediately from Jeremy. atter lie knew all Ilse me Ullistali ces attending them. (having becii intimated by . the coon-Anion et Mr. W minima:lN he could not recover as to thew two ; and the Lemont Judge put this to Mc Jilt, as lien% the quostion, alter telling them that the pLavitstr mast recover oil the Din. 1011, and 11141 they 11111111 judge of Um credit due to the iiitiercat nonuser. The Jury found a %eg diet for the plaintiff as to time '41.1u1. %ill ; and fur t:.e deft:admits as to the utbera. ----- COURT OF EXCHEQUER, DECEMOFR 7. situ AITOHNLY Cr:NI:HAG V. H. Corti The Attorney Genet:lt stated the information against the defrtidant, which impaled, first, that he, being a tea dealer, had in Ills possession it large quantity of culolc ed haves, it, imitation of tea ldly, that hr had a simitar 411.1 ble 1.1:1) wt .ettlout ed leaves in it s possession, made ti/ 414CC0 j and, lastly, a quantity of roasted peas, or OIG. r ;;)ails, in imitation of culler, whereby hr hint lAtesine liable Ia pay large penalties to the King. Wittiest* wt IV exantitted and tally establi , hed the ehar;e. —1 he Jury It tilt itii a sertlict lot the Cowan for the ftolow penaltit s Otte thousand one handed anti twenty pounds fur 1121 b. of isetit.dise tea, at 101 .p rr l b. ; 100 i. fur imitative cutlet. ; and 2001. tar tiuitatie tutiaceo; total of 1,12L1. AIToOLNE% GLArlt.%4 T. T. AND O. TIF./.IION. This ods an naturals lion mg.:111.1111e dricoeaort, grocer* al blanch' stet, tor having itowaitve tea au t etlitt ill their posaission. . . Thele was no di:fillet, mill a set diet was fund for tit , Cilium of a pritiolly of 14Ui. having & a dult, 0 1 ith barn; giant la their iom-vssion, and 2001. tat has mg o.3.lutitt d tea iu their kUiNft!,6ll. .. _... ~ THE NATIONAL dEGISTEL• Tfit ATTORNRY ORNERAL Y. HALL.. This was an information against the defendant, a coffee. dealer, io Old Gravel Lane, for having imitative coffee in his possession. —.The fact was proved by the officers—Convicted in the penalty of 1001. THE DINO V. J. DELANO. This was an information against the defendant for a fraud on the Customs, committed by him ander the following circurn stances defendant is a ship-master at Liverpool, and applied to the officers of Centime of that town, on three se veral occasions, to be permitted to ship.for America three cases, each containingloo pieces of handsaw' Inindkerchieti, which had not paid the duty. Permissiou being granted, an officer was sent to accompana the boxes in question to the docks. Upon the way, however, Delano tried to inveigle the officer into a public-house, to give him his allowance; and in this interval the changes were rung upon the boxes ; those containing the silk handkerchiefs were taken out of the cart, and other boxes oft similar appearance substituted.; the silk handkerchiefs were conveyed to the house of a ship-chandter, named Duncan, by whom some of them were purchased. Suspicion having afterwards arisen us to the transaction, search was made on board the kat jeall, by the Custom House officers, and the three lioxL% being examined, were found to contain only brick-bat► and ,mats. In the defendant's house 60 pieces of l3andann•as were afterwards discovered. The defendant was convicted in penalties to the amount of six hoindred pounds. PREROGATIVE COU*T , WenetzsDaT, Dec. 9. MATO VUTCLIVIIIIL. The testatorin this cause, Mr.'ffinothy Sutcliffe, deceased, . was one of the Quaker persuasion, and married in 1803 a Miss Osborn, himself being 25 years older than that lady. It appears, that soon. after their union, the deceased looCallit • jealous arid sass igloos of his wife; and accordingly, under the influence of ibose feelings, had made a will, dated is the year 1804, by which he cut her off without a shilling, and left the whole ofhia Personal and freehold property to his nephews and nieces. His will was deposited with Mr. Memo, his bro. ther-indaw. residing in Essex. But shortly after, finding that hie suspicions were totally groundless and unfounded, Mr. Sutcliffe's affection for his wife returned; and the peace and hameny of the parties were completely reestablished ;- the best understanding prevailing between them down to the day of-his decease,. which happened on Nov. 5,181 T. In that interval deceased frequently expressed to Mrs. Sutcliffe, as well as to many of his friends, his fixed intention of altering the will; and on one eecaaion made a particaler appointment with Mrs. Sutcliffe to accompany him to town, viliitlicr-be was going to receive his dividends ; and after transacting his linsines at the Rank, to proceed into Essex, in order to pro -1 cure the will from Mr. Must°, fur the purpose of 'making alterations in her favour. Many domestic contingencies, however, happened to prevent Mrs. Sutcliffe from accompa nying him, or even, as in that event he bail directed her, from following him to town. Mr. Sutcliffe returned home to their residence at Henley-npon.Tlsiones, without going en to Essex ; awl on that occasion the proposed journey into that county was postponed until his next going to receive his divi dends, which he took twice a-year. Soon after, on. the morn ing of the 4th of November, 1817, the deceased was taken extremely ill ; and the parish schoolmaster, a Mr. Chapman, was gent fur, to take instructions for making out a new will, which was iet now on behalf of Mts. Sutcliffe. The depe• skim's alleged, that oil the arrival of Mr. Chapman, deceased was extremely ill mid debilitated ; lie was informed by Mex. Sutcliffe of the nature of those dispositions which testator had so frequently expressed his intention of makiog—that is, in her favour; but neither then, nor throughout the long ante cedent period, which had elapsed since the making of the first will in 1501 did Mrs. Sutcliffe appear over forward or importunate au to a new one being made ; she always declared her eonviction that her husband would properly provide for her. On Chapinati's objecting that he could not take in strections ihrmigh that channel, she addressed her husband in this manner, " Are you willing to make your will?"—to which deer timed replied, after a pause, "- Yes ;"—" Have you made your peace with God ?"—to which he also replied, " Yes."—" Are you willing that the will shall be made as 1 like it ?" to which, after a considerable pease, lie also assented. Three instructions were taken, re.wrltten, and erad,over to the deceased ; approved of, but not Mord by him, being taken away by Chapman to he more fairly transcribed ; and a few hones after, on the sth November, before his return, testator died. The principal dispositions of the will were those:—The whole of his personal and freehold property to Isis wife, for her life; and, after her deeds, 10001. with au additional interlineation of 5001. to the children oilier brother Thomas ; and 10001. with a • •lar interlineal addition of WI. to the children of his sister, :Mrs. Moto. The Learned Con noel for the widow adverted to the open and ingenuous manner which the proceedings had taken place—the to. spertability of the witnesses—the declared intentions, prior to the itisirnet s, of the deceased—his solemn and deliber ate assent to the will—the fact of its having been read over to undawibted competency and sound mind at the lime —and to the long habits of reciprocal alli.ction which had 'twee:led the transient irritation under which the first will IVAS, made ; &toil prayed th.it, Consideration of the.. ei ream. ' stances, probate miglit be decreed to ter testamentary piper, ilaittl Stls November, 1817 ; whose eseeinien was prevented by the interventimi of death. The Counsel un the other side cool& tided, that Ifild paper contained rattier the diet.* ti oils of ampthei pas ty than the testamentary Mt entions of the deceased ; that he WA, iu fact " iu Agnelli° mortis" at the time, and that this being an unexectited, and ilie former will a formal and valit 4 paper, this bole....quoul oviesliulitd be pro nounced against. Sit Joliet Nichol!, utter recapitulating the principal features of the evidence, said, that though it behoved the Court to look will rotselite caution en such cases as these, and to gnarl doing persons from having their mere acquiescence taken fur nn act of volition and final! will ; et hese the former intentions of the testator, the tact that the first will was made unite, an imp' essiun of jealousy, %illicit he aftei o aide nekllloWiellged to be groundless; the harmony winch had.so „tong sidisisted beinerit tutu and his wile dos,' to Ili, drids; Inv declaied and repriced wishes to make •tieil a pro visiou as illol ruiraitted in the paper now prupountled ; its.. aaseilee or our thing like siispietotis uu 11:e part of Siitthrfe; the ;imposts tu make Ibis *id having psi. retried hem g 1.c1A041, sand idle dearness of tie. 111.110• sit ions :—all these wl., e vilin hi:inert. au •AI coat Weem s Thal exttaint AA are e 11, lie lissial ~ 1 •01114. g• lot the lgr•lluctioam as 4•olll•.migq, a • • or last the dereu•til. As lot ibis W 1... lisle° lit • 4.sdt •u , us ill AWL Al,ll 5001.:ittl ta , ,bra al ill.j . .• , : 41,1•,1, IsAbilgA been elle.- . !is it•sh and u• f•dh.ing a ;!altiit • , t!S pishi Of the lei •• .t.i 1/1•,4:11t fv. ON*? gets...du/ok ,, I la • TN Y. STRICKLAND Vs PEAIUIOW• This was an action to recover .591. funeral expellees. IS appeared! that Charles Chinner, a coal-merchant, well known in the Coal-mar ket, hadlik with reputation. and falling into poverty in passed tidate ra , u tt ri e coal-merchants generously made a sub scription, for the purpose of buying an annuity, and making him comfortable so long as life should last. There was no provision made for his funeral. Under these circumstances. be did not live until the fund w raised was expended, but wheo he died, there was in the hands of the plaintiff 141. and 491. in tbo hands of the defendant.— Both were liable to render an account of the balance to the sub. scribers. Strickland, who had been active in procuring support for Chinner, undertook to see him buried. lie was anxious to see him decently interred. With this humane intention, he applied to Fee. ron, at his house near Horneey, and Fearon appearFtl to consent to the proposal of a decent funeral, by saying. " There is racncy eneagh to bury him like a grndsman, and pot a stone over his grave."— The plaintiff accordingly paid for the interment, sad erected a tablet with the following inscription 3. " Sacred to the Memory of Mr. Charles Chinner. late of th;s parith, coal.merehant, who departed this life the 4th of Atil, I bl3, aged 79. latter days were made comfortable by the li berality of the Gentlemen of the Coal-market." The expense thus incurred the plaintiff sought to recover out of Cie fund in the possession oldie defendant. The defence was, that the subscribers were not willing to apply the money to she funeral, and that.the defendant was not persomlly liable to pay any part of the charge. The Jury found a verdict for the; plointiff. Damages 23L, in . addition to the 141. in his hands, making in all 391. From the LONDON GAZETTE, Tuesday, Dec. 8. BANKRUPTCY SUPERSEDED. BILLIARD R. West Markham, Nottinghamshire, Eimer. BANKRurrs. GROVES W. and DuresJ. Bath, grocers, Dec. 17, lb, Jan. 19, at Bath. Att. Mr. Highmoor, Scots's Yard. Ntaxsuar J. City Rood, brewer. Dec. 19.26. Jan. 19, at Guildhall. Atte. Rowland and Co. Lincoln's Inn Fields. Jselsoft E. Castle Court, Birchin Lane, merchant, Dec. 15, 22, .Tan. 19, at Guildhall. Aft. Mr. Farren, Threadneedle Street Hocstsw W. Totness Devonshire, ironmonger, ; Dec. 17. 18. Jan -19, at Totiftes. Att. Mr. Alexander, Carey Street, Lincoln's Inn. JONES J. and J. Lecnninstc2, Hereflardshire. linen-drapers. Dec. 12, 19. Jan. f. 9, ,at Guildhall. Att. Mr. Moddowcroft, Gray's I I:n. Buniows S. Miles's Lane, Cannon Street, wine-merchant, Dec. 15,26, Jan. 19, at Guildh all. Mts. Pritchard and Co. Exclulaze Buildings. GotirnEY 11, Kent Road, merchant, Dcc.l2. 15, Jan. 19, at Guild. hall. Mt. Mr. Wright, Fenchurch Street. NORTH G. Sheffield, butcher, Dec. 22, 25. Jan. 19, at Sheffield. Acts. Tilton and Co. Coleinan.Street. MOORE J. Manchester, flour dealer, Dec. 21, 22. Jan. 19, at Man chester. Atts. Adlington and Co. Bedford Row. CHAMIERLAYNE W. and RAWLINJON G. Leicester, hosiers. Dec. 14, 15, Jan. 19, at Leicester. Att. Mr. Jeyes, Chancery Lane. DIVIDENDS. Coot W. Smith. Httotingdonshire,;ieiUaller, Dec. 30. W. Bishop, Yes/and-Conyers, and J. J. Bishop, Leighton Hall, Lancashire, merchants, Dcc. 29. T. Law, Lancaster, merchant, Dec. 29. J. Watson, Tothmain. Westmoreland, dealer, Dec. SI. W. Mac Michael, Bristol, merchant, Dec. 30. R. Wright, Hosgill Ilan, Westmorland. dealer, Dec. 51. A. Ilendy, Gower Street. Bedford Square, builder, Jan. 12. S. White, Liverpool, upholsterer. Dcc. 30. C. Bishop. High Street. Borough, Imeadroper, Dec 19. J. Rowlett, Charter-bouse.stpuire, merchant, Dec-29. J. Paul. Marylebooe Street, pawnbroker, Dec. 29. W. Spence and T. Jones, jun. Bishop. Wearuiouth, Durham, coal fitters, Dec. 29. J. Wilke, Bath. linendraper, Dec. 29. J. Hudson, High Wycombe, Buckinghamshire. linendraper. Jan. t. W. Lowe. Maeclestield, Cheshire. druggist. Jan. 2. W. Woolsey. Great Marylebene Street, haberdasher, Dec. 29. CRRiI VICATES—DEc. 29. W. Rhodes, gait baken—W.Morton. Worksop. Not. tingliainshire. parts[- M.--J. Donald.!Abbot.kxtge,Westinor land, eattle-d.—a. Hawkins, Rath, eolielpinaster.—W. David son, Little St. Thomas Apostle. wholeasle tuition's. CORONER'S INQIi CST. PAROCIITAL TwilnwaretTr.—.loreph a Carr 444 at the Landau Docks, having been previously tl4. was, on Saturday morn— ing, (se'nnight) about 11 o'clock, seized with 4 fit, and seemed to the by-sunders, and to Mr. Chapman,. en officer at the Docks, fast ap poaching to his last hour. Ile placed deceased under the lodge. mid applied to the adjacent poor-home. Saw both the churchwardens and the resident beadle. .They refused to 401114 hint. saying, W e know our duty." It was urged, without, effect, that lie was a pa— riihioner. During the conversation deceased ounestaggering towards the workhouse; application was renewed, but the beadle said he could not be admitted without en order from the Upper Warden.—. At half-past two, deceased had crawled back to the duck gates. Mr. Chapman applied to a neighbaurir.g.parish ; they sent their beadles, and conducted hint once more to the adjacent workhone, as their pariah workhouse was halls mile distant. Again suited that he was a parishioner, which was confirmed by the bystanders. The officer then replied, " lie eibild not help it, sleccared must be passed in the regular way." The Walks front the last mentioned parish observed. " You are acting with the greatmt inhumanity; probably before the deceased reacbes the other pitor-house, he will die." Deceased was then sliaking all over, and hall tlie appearance of a person in state. Finding their application useless, each of the beadles' took ati arni of the deceased, and supported him toward, their poor-house. On his arrival there he was seized with a fit, And instantly died. At r. a m01ie.4111140, found him affected with rigouts, front which, ;u other sytnptoins, he concluded it was a case of hydrocephalus. %Vert down to the first mentioned workhouse, lie ted the altercation ; the officer refusing adinis.ion. asked whether he considered deceased it: a very dangerous state ? Sahel that ha did so ; asked i: lie was in AT.. tninentdanger; replied he war not. The officer then ob. emu]. it !s really painful to me to refuse admitting hint, but the law will 1 of permit me to act otherwise. 'l' he (;crones said, that whatever was inhuman was illegal. IL was clear that every person iu extremity, whether &stranger or parishioner, trust, if uses ssury, be recevied nit° the nearest workhouse, and not removed thence moil it an he done with safety. An individual forcing a sick person into the reteet, and death ensuing, had been held to be guilty of wilful nitirt:er. case did not go to that extult. hut there was . sufliceot c round tin a charge of misd e meanour . ; that wisii for the commies:sum& of the iamb. Verdict—Died by the vt;tation of God. A m i a dj er , w h o is , plowed to call himself Captain Lang. late of the 0 4th foot, has exercioi 41 his calling with a };rent tic.il of audacity in t;l:t.guw of latr. ahl 1111 l ;tit the lather-othetc. *neve bcen in Ittriant of . ..mt. lie is a c,tioplete I hotly. Ti, one youvg matt fie 'omit a eroro,:ii for a !.sindling partnehliip, lit p,o l a-ed that Perth ' , heath! he the scene of the fra*.t l . They acre to litt.L. all to b agei.t., toe Sic Gtc.;or. Alaceteger ; to live 4.lec.,!any ; grata bias ; ec!un tie r , ,etuy Manila be iti,covelvo, to toots oir to stutter costs, 1101seb, :41:dI1CU, s tit tio be ut this Ti.e viasits wi.e forms such )latis i> very it Curate, MI( Air. locuit•l3, :• ,• • . ; o i t i rsatj _ ;:appce, ir,l continent:lit in L.t 1.14ir vo 04 (4lissom . .Jle J •••••••iii aii A " -