The National Register. — London, England, 1822-04-21 00:00:00

196 LAW INTELLIGLNCE. COURT OF COANCERY. TL )AV, APRIL 15. R‘DER AND OTHERS V. PEMBERTON. ?4r. Hail moved for an injunetion to restrain the de fendants, Thomas and Edwin Pemberton, from transfer ' lug certain bank an unities standing in their names as executors of their father, the late Samuel Petuberton.— The testator died in 1803, and left to each of his childien, who were eight in units ber, the auto of 4,0 .01., to be in vested in bank annuities for their use and benefit t Nail lie appointed as executors his widow and the two defendants. he del emlants were now the only PM. Clltol s, Mei: mother having died in ISI7. The plaintiff Nasadaughter of the testator, and she complained that her brothers, the exe cutors, arfused to accumit to bier ter the interest of her 4,0,i01. It might be neces:ary to inform the Court, that sin injunction of a similar nature to that now inlayed fur had been granted at the snit of a sister of the plaintiff.— 'Flue parties, however, had now collie to compromise, and %vete about to dissolve the injunction which rendered the 1.11..Ae11i application ni cessary. His Lordship panted the Injunction. COURT OF KING'S BENCH. TUESDAY, APRIL 16. MURRAY, V. KING. This was an action to recover 2,6001. upon a bond. The cooditi 444 4 11miss 11 ails 11111 ID hp obligatory in ease the defendant discharged. within one month alter the date of the instrument, a bill of Et.cliange. purporting to be signed by as Mr. 'l') • r tell, for 13001. payable w lark. , months sifter Eehtuury. 1519, which hill had been discounted by the plaintiff. l'he Bill aas not paid, and the bond became valid. Mr. Manning , the plaintiff's agent, having proved the execution of ;:ie bond, acts asked a hat ronstderation was given for it I lie stated, that bills Brass aby the defendant ro the amouunt of 7 or bOOOl, were discounted by the plam lin; and large interest taken. The witness did not know boa much ails given fun the discount of the 1,3011. bill. Mr. Scarlet t. for the detendant, endeavoured to vitiate the bond, by connecting it a ids ustiriuu: transactions ; hut the Lord Chief Justice was of opinion the evidence in proof of usury dcl nut, iu the well knobs n phrase, " hit the bird in the eye." The hay found R verdict for the plaintiff for 13t*I. the penalty of the bond. HERRING AND RICHARDSON U, THE EXECUTORS OP staantsox. 'flue plaintiffs sought 111 mover 6581.55. the amount of ilaniagessiontim d by the plaintiffs in consequence °fa breach of trust and violation of dilly. It appeared, that in June, 1 al6, Harrison war master of the ship Frances and Eliza,heloogioe to il.e plahltiM, which sailed from Loudon to New South NVales a ith convietr.— After lauding the illlll/111% 111 i.4l.lsley the ship was cart led to Batavia, %here the Captain took in a cargo of coiree, part of Which lie took out of the hag. and stela ed it hmse.— This was a violation of time Act of (Waage the'r hird, and a violalnim oil the part of the CAplaill, illitl.lllUCll as it rendered his (inners liable for a breach of the Excise Laws. The Captain died ea Isis 1/I.llir o f home, amid the ship arrived, in 151 . % in the gist India !Jackie, a here all the louse roller wiis wined. After several me 1111 l rials to the Lends of the Treasury the coffee was given back, on the piaintith' piyiug 5-. per hag. r. Searlett, for the executors, represented the removal of the coffee into bulk, us an act done by the Captain in ignorance of the law, and for the mere purpose of serving 1115 Oa net's, by stressing more coffee on board. The plaintiffs r.veived per hundred freight, and by the increased nano ity 111 ' 1 eiffoe bri tight home, must at least have gained as much as the loss occasioned by the s. izare. l'he Jury. under all the circumstances, found a verdict fur the iii ii iiil for VO3l. not, ON THE DEMISE OP REID, V. GODWIN. This was au action of ejectment to get possession of a fieehuld house, No. 41, Skinner-street, in the ocenpation of the defendant, %hose term tinder a lease hail expired. Alter the service of notice to quit had been proved, Mr. J. Evans, for the defendant, objected to the lease, stud contended, that the plaintiff inti-t be nonsnited.— Tho premises in question were part of the city property disposed of by lottery. Art of Pal liantent made the Lord Mayor amid several of the Corporation of Londou t ustves, and 3.1 r. Evans submitted. that although the par ties had juioeti in granting the lease, they hail dilly exe cuted the trust, so as to make it a valid bistrument. The Laid Chief Justice would not allow there had been a breach of tlist, but reserved some of the legal objec tions of 31r. Evans for the future opinion of the Court. The July found a verdict for the pitiiitill , damages, Is. WEDNESDAY, APRIL 17. FREEMAN V. THE EAST INDIA COMPANY. This was 1111 1•C11011 iu glover, !nought by Freeman and Compialy, to recover the value of 42 chests of indigo, sold at tile East India Conspany's sales. It appeased that the correspondents of the plaintiffs 01 Ciill.lllla •Ilipped the indigo in goo Sllllllllll 110:1(11 the (strie -7,4V. Oil 1111 . • likilgel4,/1111 . Ihe ‘e,.-0 aims a,erked iii Table Lay, and i br goods saved wore sold by the Captain at Cape Ton it. The gncslinu was, whether lie Captain was justified in senior the property in :Me lie had communicated with ii,'' cia lie's. 'fa , Jury found u verdict for the plaintiff for the selling pi ice of the al title. THE AL.I4.N LES OF NABERILEY V. LORD STAIR. This was all 01:11.,111311,1111ilot by the assignees of n bankrupt on tau bills of exchange; dra my a by ts pet sou named :11`Gi a, 111'1'1111Vd by Lord St•iie, made playable all the house of Gioia and Co. end indorsed to Mobbeiley b. M•Gra. The hill, were dated May the 10th and 20th, lalli. They had been received for cal doges. Alter the bankruptcy had been proved, Mr. Scarlett cued that tile bids *sere drawn in Eng land, though purporting to he drawn in Biussels, unit that they, view not duly stamped. l'he Jury brood a verdict fur 3001. the amount of one of the lolls. THE JUNG u. Aria AND MU/ER. This was au indictment neiiino the derimihoits, who are roi4:ir took. rs, grocers, and let dealers, for wilful and nor r•,pt p ri j w ).allogod t o hive been committed in their ;1111iNer tom bin tiled in the laeltetlaer 11.1 Matt Atill the execution of process fount the herueattt Pull, for tic Ji•lendants, took an objection to mime onurisiality in the indictment, h:eh the Lurd Chief Junitice held to Ire lava, mid the deroudmin, %e ie urquilted. THURSDAY. APRIL 18. ' , Mil Ea A .II WILILItS U. 11.1111PLAR, I • Le 1,11.0 Aa 6.vngia :Lis action THE NATIONAL REGISTER to recover from the defendant 4071. the amount of their commission of one per cent, on the price of two East In dianten which they hail sold for him. The defendant contended that lie was not liable to this demand, inasmuch, as it was not he, lint the purchasers of the vessels, who had employed the plaintiffs to nego tiate the sale. The usual per centage on sales of this description was admitted to be one per cent. and it was stated by several ship brokers, who We've called, to be always paid by the seller, even though the negotiation should have originated with the purchaser, the broker being considered as the aCtilt of both. From the deed of sale it appeared that 10,01101. had been given for the beneficial interest of the defendant's contract with the East India Company, and 'A,1021. for the ships, which wise then in an unfinish ed stale. The Lord Chief Justice directed the jury, if they be lieved the evidence, to give the plaintiffs the per centage on the pi ice of the ships, which in his opinion could not include the I e,OOOl. which was merely given fur the con tract. The Jury accordingly found a verdict for the plaintiffs —Damages 3071. Hs. Lawson and another v. Longster and another. This was an action brought by Mess's. Doason, ship wrights at Lime-moose, against Messrs. Lungste r and Locke, as joint owners of the ship Ranger, to recover 6471. for repairs done to that vessel. The deleuilatit Longster suffered Judgment to go by &laid( ; but Locke resisted the demand, on the ground that at the time the repairs were dime, he had disposed of his share to Longster ; and though he had antlered his name to remain on the register, by way of a collateral security for the payment of certain bills which he had received for the amount of the pm chase-muney, yet ;lav ing parted with the beneficial interest in the ship, and the credit having been given to Longster, he was not liable to this charge. It appeariug, however, that the defendant had not wholly parted with his interest in the vessel at the time the repairs were done, but hod merely executed all agreement to tiails ler his share to the other defendant, "lien the last of the bills should be duly paid, which Wils sal Ulltit the following year, the Jury ['timid a verdict for the plaintiffs—Damages 8471. GRANT R. RATNI)GII9. This was an action brought to recover the sum of intl. uf an alleged morality of a large quantity of herrings that ss ere transported to the plaintiff's estate at Jamaica, in the year ►sll, and sold by the defendant to Aid. Atkins and Son, the plaintiff's agent. It was said that the herrings on their nrrival in the West Indies, were unsound and unlit fur the purposes intended ; although other herrings of the same cure, bought of the same defendant by other persons, and alm sent to the West Indies, t u rned out to the sat , sfaction of their purchase's. Mr. Lane, Alderman A tkius's clerk, was called to prove hat the defendant warranted the hearings to be as good as any which whirls were in that year sent out to Jamaica; but on his cross-examination by Mr. Mcarlett, he admitted that Mr. Saunders positively refused at the time of contract, in warrant them in is riting, but that he did so verbally.— It also appeared that Mr. Grant had long since been paid in account for the ben iug.. and that in tact this action was the worthy alderman's, although he came into court under Mr. Grant's colours. ' The evidence for the defence was in complete contradiction to the statement of Mr. Lane; prim( being given that is war ' runty ss as cc oci:sl y re fused, und that the het rings appears d of the finest quality. The learned Judge, In his charge to the Jury, left It for them to say which they believed—the plaimill's it 'messes or the defendant's—tool to give their verdict accordingly. The Jury returned a verdict for the defendant. FRIDAY, ♦/ail. 19. NICHOLLA a. TRLYoRD. This %cis an action of troser to recover 1311. the value of certain goods and fixtures which the plaintiff alleged the defendant hail improperly converted to his own use, under the following circitinstances:— The plaintiff formerly resided at Farnham Hall, in Hertfordshire, but quitted that place about three years agn, leaving the fixtures in question in the keeping of a person named Knighton, who continued to reside there for some lime, but ultimately let the house and most of the fixtures in question to the present defendant. The defendant, in reply to the plaintiff's case, con tended that he had fairly taken the house and fixtures of Knighton, and paid him a higher rent in consequence of having the use of the fixtui es ; and further, that the plaintiff had left the fixtures with Knighton in pledge for a much larger HMO due to him than that now claimed. Mr. Gurney, on the part of the defendant, wa• about to call witnesses to prove this tact, and called Mr. Knighton; but Mr. Campbell, for the plaintiff, objected to this course, and submitted, that Mr. Knighton was nut a comperesit wituess; his intetest in the rr.•ult was clear, lie being himself liable to the defendant, if the plaintiff obtained a serdiet. _ . . ;‘lr. Gurney declining to release 111 r. Knigton, The Jo!), under his Lordship's direction, found a ver dict for the plaintiff for 701. the value of the fixtures reinaiiiing on the preinkess when defendant took posses sions part of them having been previously removed. OLD BAILEY SESSIONS. WEDNESDAY, APRIL 17.—This day the Sessions com• menced before the Recorder and laird Mayor. George Reid, aged 14, was indicted for stealing a handkerchief, value ts., the property Of Thomas Rees. • Alin Rees, the daughter of the prosecutor, deposed, that she and her sister were standing looking into a pastry cook's shop window, one evening in January last, and on hearing her sister scream, witness looked up, and saw the prisoner with the handkerchief of her sister under his atm.—lie was found am ity. Michael Bateman was indicted for feloniously embez zling 4s. (id. the property of his employer, Edward Worthington, who is a wholesale brewer ; prisoner was in his employ, and was in the hah t of receiving MIMS of money on his account, which were handed to his clerk usually every night. The clerk deposed that prisoner tendered his accounts • 1 to him every evening; there was a blllll of 4s. 6d. owing by [lvory 'roost-, which prisoner had not entered iii act milli as bavitto leteived.-0,1 hts cross-msunitta:lo:l he stated, that he understood the prisoner had been a brt wer, and had sold his master several casks, for which prisoner received a bill at two months, value 251.110.711. which bill prosecutor had paid at two different times— the last payment had hero matte in February. Henry Tonic said he had paid the 44. 6,1. in question, and ;outfaced the receipt; had known the prisoner seve ral years when in his own trade; owed him a balance now for that account. Mr. Ralph Lindsay, deputy bailiff of Southwark, and two other g entlemen, gave the prisoner an excellent dia. racier for lionesty, sobriety, and industry. The Judge, Oil summing up, laid the evidence before the Jury, with reference to the prisoner's character, and the possession of property to the amanita of 251., lest n 1.4 it for them to consider, under these circumstances, whe ther the prisoner could be goilty of embezzling SO small a s as 4s. Oil —Not Guilty. Joshua Reed was indicted for stealing 21 sovereigns, two guineas, and other monies, in the dwelling house of TitollhlS Reid, his father. Guilt--Death. Henry Julio Naylor, George Adams, Edward Ward, and John Anson, were indicted for binglariously break. Mg and entering the dwelling house of %V. Condell, anti stealing therein a clack, three silver forks, lout duet% of knives aud forks, and other property. A great number of witnesses were called, from whose testin ttttt y the following facts were elicited Cau dell has a country house at Greenford, on the Uxbridge road, and about two o'clock in the morning of the Wilt of February, Mr. Platt, who happened to be sleeping there, was awoke by the barking of a dog, and the open ing and shutting of doors in the house—he got out of bed, and taking with hiin a double-barrelled gun, went cautiously down stairs, and saw, by a light front a tau ten', the tigut es of two or three men, tumuli:f iii a passage leading towards Mr. Condell's study. He immediately fired at them, and they ran into the study, anajomped front a window which opened upon the lawn in Irma of • the house. lie pursued, and as he saw them running lie pulled the trigger of the oilier barrel, but it missed tire. lie then saw three men tfistinetly, and pursuing very closely, drove them to a quick-set hedge, and they forced their way through it. As Mr. Platt was returning to the is e, he stumbled over a pair of shoes and a hat, upon the lawn. lie roused the servants of the house, sent for King, a constable, and oil examining the premises, it was found that the thieves hail entered by taking out a piece from a shutter of one of the windows. Among the small quantity stolen were four dozen of common knives and lurks, a clock, three silver forks, and some silver castor tops. Mr. Platt despatched King and the gardener of r. Cordell in one direction, and went himself in another on horseback. King and the gardener came up with the prisoners Adams and Naylor within about a mile and a half of the house, and Adams was walking without shoes or stockings. The gardener took Naylor into custody without opposition, but Ad tms, on being seized by King, made a violent resistance, and attempted to take a pistol from his breeches pocket. After severely wounding King ins the head, ht. succeeded in getting away, but was taken the same morning, and a loaded pistol, primed and cocked, found in his pocket by Plank, the Marlboroouti.street officer, who, on examitting his hands, (mind tleni much scratched, and there were several shot-holes in the skirts of his coat. He was still without shoes, and Moor blond by Mr. Platt fitted him. When Naylor nevi seaiched, three silver forks and some castor tops, part of the stolen property, were found. About ball an hour after the robbery, the prisoners Anson and Ward were seen at the (lid flats public house, on the Uxbridge road, and employed a man to procure some liquor and pipes, refosing themselves to get into the house. Their faces were partially concealed. They then bargained with the driver of a hay cart to ride to town, but were overtaken at Nutting-hill, and a centre-bit, which exactly fitted the marks in the shutter at Mr. Condell's house, was found stuffed into one of the trusses of hay. Their clothes had green marks upon them, and were very muddy, and their hands also were scratched. It was proved in addition, that all the four prisoners were seen on the road together the evening previous to the bur glary. Naylor and Adams received a good character from se veral witnesses. Mr. Justice Park summed up the evidence, and the Jury found all the prisoners guilty—i• Death. THURSDAY, APRIL 18.••-•WIII. Tilley WJS 11Plietril for stealth,: a mare, the property of J. Mullins, at Ted dington —Verdict guilty, death. G. Adams was indicted lor stealing a watch, chain and seals, the property of J. Spencer, in his dwelling house.—The prosecutor keeps the George and Vulture, at Hoxton. On the night of the Kith of March, the prisoner came and asked for a bed, for which he paid He then asked the latest hour at which the house was open, and being told eleven o'clock, he returned at that hour, got a light and went up to his room. Jn akw minutes he came clown again, and saying he would re turn in a half au hour, went out, kit never retormd. In conseqnence of a report in a newspaper, the prose cutor went to Guildhall, and saw bus watch iu the hands of an officer, who had the prisoner in custody, for stealing three sheets from another house. watch' was stolen from the room in which the prisoner was to have slept.—Verdict, guilty of stealing to the value of 394. Henry Lennard was indicted fur stealing 33 silver spoons, and 33 gold sovereigns, the property of Slade, in his dwelling-house.—Verdict, guilty, death The prosecutor recommended him to mercy, oil the ground of his haying lett 451. in notes, which were lying in the closet untouched. John Eden was capitally indicted for stealing a gold watch, the property of George Tomlinson, and a gold pin the property of George Flack, in the dwelling-hi :Fe of the latter —Verdict guilty of stealing, but not in the dwelltng-house of George Flack. Richard Smith was capitally indicted for cutting and stabbing Elias Doke, mill intent to kill anal murder hint. There were tile other usual cottitts, charintri tiic :tricot to ha to dia.abi.:, tut du aUalic ,4:%uilS