The National Register. — London, England, 1811-03-10 00:00:00

ONIL REGISTER. 1-4 AT very respectable tnitifier, %rend The CottPAU ilq3erl'orto what I expected to meet; I may add, much so. As you will have suffi cient t ime, if; on the receipt of this, you will favoor rue with a fine, addr,. , siod to the care of•• Stephen Price, Esq. .96, Broad way,§ New York, North AMerica, it will be thankfully re ceived by, • , Dear Sir, your's, truly , " G." 1 7. COOKE. " You will learn at the General Post-Office, at what time the racket for New York is made up. Adieu. The compiime:a of the New Year to all the Family. § Broadway is one of the most charming promenades that we have ever seen in any country; it leads from the Park, in a gen tle declivity, to the battery, where the citizens walk, and corn :lmnd a view of the North and East Rivers, Governor's Island, Slaten's Island, and Long Island ; between which is a strait, called the Narrows, through which all the vessels pass and repass to and from the immense Atlantic ocean. Boston is the capital of the State of Massachusets, and contains about 30,000 inhabitants, but is surrounded by rich and po plin's villages.—The Boston Theatre holds 1200 dollars.— fhe present Managers are Messrs. Powell, Dixon, and Ber nard, the last of whom is a meritorious performer, and most entlenurnly man, who formerly played the Fops, with great success, at Covent-Garden Theatre.—The common prices for admission to the Theatres in America, is a dollar to the boxes, balf a dollar to the pit, and a quarter of a dollar to.the galleries. LAW REPORTS. COURT OF KING'S BENCII, MARcii 6. GOLDEN V. ULGATE. . This was an issue from the Court of Chancery to try whether the plaintiff was legitimately born, or in other words, whether a marriage had been solemnized between his parents at any time previous to his birth. The action was brought in the name of the plaintiff, who was . an infant only eight years old, against the defendant, the next of kin, and the property in question was estimated at about 30;0001. It appeared in evidence, on the part of the rlaintiff, that his Father, Mr. John Golden, late of North-place, Gray's Inn-lane, stone mason, previous to the year 1800, had a female house keeper, with whom he used to cohabit until the time of her death. Some time after, he engaged Elizabeth Largrish (who had been a domestic in the family-®t Sir Philip Francis) to be come his housekeeper, and in the autumn of that year, they went an excursion. into the country together, to the Isle of Wight, Haitingo, and other places, and soon after their return hpme Mr. Golden announced Miss Elizabeth Largrish as his wife, and Introduced her as such to several of his friends, neigh bours, and acquaintances. In the followin month, April,-Mrs. Golden lay in - of her first son, who soon " , ..vards died, and in the year IEO2, the plaintiff in this action orn. In 1807,Mrs. (;olden died of a consumption, and in the year following, Mr. J. olden, father of the plaintiff, died suddenly,without having made any will, leaving a very considerable personal property. A Pill was filed in the Court of Chancery by the next of kin, and the present question was to try the factot the marriage between Mr. John Golden and Miss Elizabeth Langrish. A great num ber of witnesses were called and examined, amongst whom were the family Physician, Accoucheur, and Apothecary, the Nurse, and Undertaker, some inmates of the. family, several neighbours, tradeitnen; and clubmates of Mr. Golden, from whose evidence it appeared, that soon after his return from their country excur sion, he introduced her and talked of her as his wife, that for several years she was visited as such, and obtained credit from the tradesmen with whom they used to deal. That at the time of the death of their first child, the plate on his coffin, and the inscription on his tomb stone was," Robert, the son of John and Elizabeth-Bohlen ;" andwhen Mrs. Golden herself died, he had a family vault built for the purpose in St. Pancras burying ground, where her remains were deposited, and the inscription on the•tomb•s:erie designated her as his wife ; and in speaking of his own dissuintion, he expressed his wish to be deposited beside his late will., It • alem appeared that soon after the death, the above - mentioned inscription was erased from the tomb stone by the diiection of sonic of his fandiy, from which it was inferred by the Plaintiff's Counsel, that a concealment of the fact was endeavoured to lee made by-the next of kin. But no actual proof ofilie marriage, either as. to tnne or place, was ad duced ; while it appeared upon the whole ot the eviednce on the part •Of the 'plaintiff that the deceased Mr. Golden had al ways singed the greatest affection • and regard for his reputed wife The AtrottzsEY-gIiNERAL,-01 1 the part of the defendant ad dressed the Court aini• Jury. The question, he said, was not wbether this lady pasted as the wife of the late Mr. Golden, but *• ..: s•-.~ . whether a marriage had actually takilti Vice previous to the birth of the plaintiff ; and, it was a circumstance w orthy of no • tiCe, that, until the lady's pregnancy no marriege Was hinted at, It was well !termini in the neighboured of -Gier's that Mr. Golden, who died at the age of 62, had been minty years in the habit of keeping a housekeeper' and, that 50101 after the death of the person Who last Weed with him in that capacity and with whom he cohabit al, he engaged the lady who wits the subject of thepresent - ihveStlgation, to till her place, and it Wei remarkable that ,he had no children by any of those-ivire heed hitherto lived with him, but immediately afterit was distoveeetli that this lady wasin a state of pregnancy, the marriage was declared, and etre was introduced as his wife to all his neighbour* and friends, and received as such; but that any marriage had ever taken place, he should shew, by the most positive evidence; that the contrary was' the fact. A marriage must have been effected either by licence, or a publication of banns in same parish church, or clandestinely. He should prove, front the most satisfactory and uncontradictory evitience,that no licence - was ever granted ; for he would prove, from the records of the Consistorial Court, were all licences were re,Atderty registered,that no licence was ever granted; and as to the pUblication of the banns, the ino,t diligent search had been mat to rim only in every parish hit London and Westminster, andlcir two miles round the vicinity of these cities, but id the Isle of WI/Pt, at Hastings, and inevery diocese where these parties could possibly have been, and no such publication could any where be found; and had they he.en married in a clandestine manner, although the clergyman 'per forming the ceremony would he liable to the penalties of the law, yet if that had been the case, some witness must have been present who could prove the fact, or some evidence mieht be adduced which would enable the Court and Jury to come to some conclusion upon it; but in this case there was a total ab sence of every thing which could lead to the slightest probabi lity of that fact. He should prove his case by the evidence of a host of witnesses, and upon the most incontrovertible-testi mony; and therefore, under al! these circumstances,he felt him self fully justified in saying, that no marriage had ever takes place between these pm ties. Several witnesses wet e the n called, who had searched in the Consistorial Court, and the several parishes sit London and Westminster, and for some miles round these cities, -and in ,the various diaCeses, in which kt,_was possible the banns of thrse parties might have been publi;liffl i but nn reg . ster of tl a marriage was any where to be found. After a most impartial charge from the Learned Judge, the Jury consulted for about five minutes, and returned a verdict fur the plaintiff; This cause lasted front before eleven o'clock hi the morning until past nine at night ; the degree of interest which it excited ha; been rarely equalled, and the verdict of the Jury was greeted. by a crowded Court with the strongest marks of approbation, In the,Court of King's liench, OR Tuesday, an *dim was tried on an issue directed by the Court of Chancery; W decide whether John Fairweather Harrison was a partner in the House of Brick Wood and Co whose extent of business amount -ed to two millions. The cause occupied the Court from nine o'clock to half past three, when the Jury gave a verdict for the plaintiff, finding that the defendant was one of the tinia of the House. In the same Court, and on the'same day—Thrnsenli v. Dattileny. This was an action for a breach of covenant, the damages of which were laid at 40,00C1. The two plaint;ffs; who were the sister and the widow of a brtither of the two defendants, had; on . the Bth of April, 1800, their father being then living, en red in to a deed of covenant, to divide all the property their father might leave to any or either of them, eoually among them or their children. The father afterwards died, and left the bulk of his property to the defendants, his executors, who refused to perform the cueenant: Lord tllenborough held such a cove- nant legal arid beneficial in'ease of a probability of a captious disposition of property; but the present plaintiffs were non- suited, because the action was brought in assunipsit wzainst the defendants jointly, his Lordship holding, that they had nut pro., raised jointly, and must be sued severally. • Tneschy, an application was made in the Court of Chancery, on the parr of Mil. Waters; to remove Mr. Tayhir frara the management of the Opera House, and to appoint all eiv cr. Counsel were heard at considerable length.-- , -On ‘Vednesday the cause was again renewed, and the Cha:icellor delivered his *pi. Mon on some of the.poiuti, but gave no. tiec4in on the sithieet. On Friday a common informer, convicted last Sessions itrir extorting money, stood in the pillory in Smithfield-market i from one to three o'clock:. There were a great nun-AM-11F spectators present, but they did not pOt the culprit. He • - was afterwards conveyedin a . coach back. to prison o to suties tht remainder of his otntence. i •- • went an excursion. into the country together, to the Isle of until past nine at night ; the degree or interest wnien it excnea Wight, Haitingo, and other places, and soon after their return ha 7; been rarely equ a l led, and the verdict of the Jur y was greeted. hpme Mr. Golden announced Miss Elizabeth Largrish as his by a crowded Court with the strongest marks of approbat i on, wife, and Introduced her as such to several of his friend s, nei g h- . bours, and acquaintances. In the followin month, April,-Nlrs. In the,Court of King's Rench, OR Tuesday, ats acticel was (olden lay in -of her first son, who soon wards died, and in tried on an issue directed by the Court of Chancery; W decide . the year IEO2, the plaintiff in this actions orn. In 1807,Mrs. whether John Fairweather , Harrison was a partner in the Golden died of a consumption, and in the year fohowing, Mr. J. House of Brick Wood and Co whose extent of business amount- _ Colden,father of the plaintiff,died suddenly,without having made j ..ed to two millions. The cause occupied the Court from nine any will, leaving a very considerable personal property. A o'clock to half past three, when the Jury ga v e a verdict f or the Pill was filed in the Court of Chancery by the next of kin, and plaintiff, finding that the defendant was one of the firlia of the the present question was to try the factof the marriage between House. Mr. John Golden and Miss Elizabeth Langrish. A great nuns- In the same Court, and on the'same day—Dortsenn v. Daulleny. her cf witnesses wire called and examined, amongst whom were This was an action for a breach of covenan t, the damages of the family Physician, Accoucheur, and Apothecary, the Nurse, which were laid at 40,00C1. The two plaint;ffs; who were the and Undertaker, sonic inmates of the family, several neighbours, si,ter and the widow of a brtither of the two defendants, had, ois tradesmen" , and clubmates of Mr. Golden, from whos e evidence . the Bth of A p ril, 1800, their father being then living, entered in- it appeared, that soon after his return from their country excur- to a deed of covenant, to divide all the property their father sion, he introduced her and talked of her as his wife, that tor I might leave to any or either of them, eoually among• them or several years she was visited as such, and obtained credit from I their children. The father afterwards died, and left the bulk the tradesmen with whom they used to deal. That at the time of his property to the defendants, his executors, who refused to of the death of their first child, the plate on hiicoffin, and the perform the cueenant: Lord tllenborougli held such a cove- inscription on his tomb stone was," Robert, the son of John and nant legal and beneficial in ease of a probability of a captions Elizabeth Golden ;" andwhen Mrs. Golden hersel f died, he had dis p osition of p roperty; but the present plaintiffs were non-: a family vault built for the purpose in St. Pancras burying- suited, because the action was brought in assuyupsit a.fzttinst the ground, where her remains were deposited, and the inscription defendants jointly, his Lordship holding, that they had nut pro., on the•tomb•s'.erie designated her as his wife ; and in speaking raised jointly, and must be sued severally. of his own dissolution, he expressed his wish to be deposited --. 0 .-- • beside his late will; It also appeared that soon after the death, Tnes(ll- an application was made in the Court of Chancery, the above - mentioned inscription w m on the as erased from the tomb- on :, parr of Mil. Waters; to remove Mr. Taylor from the stone by the diiection of some of his fandiy, from which it was management of the Opera House, and to appoint a r", meivcr. inferred by the Plaintiff's Counsel, that a concealment of the Counsel were heard at considerable length.,—On ‘Vednesday the fact was endeavoured to lee made by-the next of kin. But no cause was again renewed, and the Chao.cellor delivered his *pi• actual proof attic marriage, either as. to time or place, was ad- Mon on sonic of the-point's, but gave no. tlec4in on the stibie43. lucent ; white it appeared upon the whole ot the eviednce on the part •Of the 'plaintiff that the deceased M r. Golden had al- On Friday a common informer, convicted last Sessions for ways 0 triaged the greatest affection and . regard f or his re p uted extorting money, stood in the pillory in Smithfield-inarketi wife aiitt - ch ild, -. from one to three o'clock:. There were a great nunibtAr . di • The kernitNEy.gaNEata.,.on the part of the defendant ad- spectators pre , ent, but they did not pelt the culprit. He dressed the Court alet• Jury: The question, he said , was not was aftewards conveyed in a coach back to prison, to stares then Whether this lady passed ac the wile of the late Mr. Golden, but i remainder of his iitntenCe. ."'" -.... a' .-: - A - - i ''. •- - , , . .-.: ;,...... •1. • • . '' • • . . • . \ . . .. N . 7 , ,•. . . - .. . . . , .