The National Register. — London, England, 1822-04-22 00:00:00

Is 6 L.IIP 1A• TELLIGENCE. COURT OF CHANCERY. TEESOAY, APRIL. RYDER AND OTHER/ V. PEMBERTON. 1 4 Ir Hart moved for an injunction to restrain the de fendants, Thomas and Edwin Pemberton, from transfer ring certain bank annuities standing, in their names as executors if their father, the late Samuel Pemberton. — The testator died in I eO3, and left to each of his were eight in vomiter, the sum of to be in 'mud RI batik annuities for their use and benefit ; and he iwpointed as executors his widow and the two defendants. 'I he defe n dants were now the only executors, %heat mother Fav Mg died in IS IT. The plaintiff was a daughter of the testator, and she complained that her brothels, the exe cutors, refused to account to her for the interest of her 4,0001. It might be areces..ary to infoum the Court, that at; injunction of a similar nature to that now prayed fur lied Oren granted at the suit of a sister of the plaintiff.— The parties, however, lied now come to comprt ~,, I,le, and were about to diasolve the injunction which rendered the present applieation necessary. fits Lordship granted the injunction. COURT OF KING'S BENCH. TEESOAY, APRIL 18. 1111143 AT, V. KING. This *as nn action to recover 2,6001. upon a bond. cood.iion was this. it aas not to be obli_utury in Ci:"l' the diteorlaiit discharged, vsithio one month alter the date of the itistsanient, a bill of Exchange. purporting to be sighed by a M r. 'fy u r It 11, fur 13001. pa yable m I welly months Ft Near,. ISM, which bill had been discounted by Ihe ;Oslo ..tr. The Bill was not paid, and the bond became Mr. Manniihr, the pI iiiititro agent, having proved tae evlPl'lltion of the bond, was asked a hat consideration was i•eit for it ? Ile .tiled, that bills china nby The defendant to the °mouton of 7 or 80001. were discounted by the plain t ith, and large interest taken. The allures did not know boa much was given for the discount of the 1,1001. bill. Mr. Scarlett, for the defendant, elideavoured to vitiate the Tried, by comiecring it with usuriou• transactions; but the List .1 Chief J uotice was of °pillion the evidence in proof of u•ui y did nut, in the wed kaolin phrase, " hit the bird in the eye." 'file Jury found a verdict fur the plaintiff for ISCOI. the penalty of the hood. SHIRRING AND RICHARDSON V. THE ZIECVTORS OW HAERI•ON. The plaintiffs sought to recover 6581. M. the amount of damages sustains(' by the plaintitfo in consequence of u breach of trust nod violation of duty. It appeared, that in June, 11111, Harrison war master of the ship Frattcrs and Elisa,belobgeste to the platutits, a hid) esiled from London to Piety South Wales with convietr.— A `ter lauding the convicts at Sydney the ship was carried to Natalia, %lucre the Captain took in a cargo of coffee. part of which he took out of the hags nod stowed it lease.— ihis ails a •iiilaiion of the Act of George the Third, and a tolatani on the part of the C yutuin, itiaseuich as it rendered Tif on tiers liable for a breach of the Exilic laws. The Captain died it; his voynee home, acid the ship arrived, in ISt?, in the E .st India Docks, wluu rill the loose coffee was Aiter several memorials to the Lords of the Treasury the coffee was given back, uu the p aiutilla paying ss. per hag. Mr. illeArlett, for the executoro, repreusiited the removal (~f the coffee 7: , 2 1 dune by the Captain in ignorrioceof the law, and for the mere r4l - 1 , 11 , t . o. awing Li. nor tiers. by awn tug more toffee on boatil. The pl.:int:ln received 13, per litintred freight, and by the iuereased enmity oft offer briar r,tit home, must at least have gained as much 114 the Inss occasioned by the seizure. The Jury, under all the circumstances, found a verdict for the plaintiff., for £O3l. b.. DUI, ON THE DEMISE OF REID, O. GOIMIN. This was an action of ejectment to get possession of a Licrhulii house, No. 41, Skinner-street, in the occupation of the defendant, a hose tetra tinder a lease hat expired. After the service of notice to quit had been proved, filr. J. Evans, tor the defendant. objected to the lease, and con tended, that the plaintiff must be notisitited.— The premises in question were part or the city pi opts ty diloseil of by lottery. 'file Act of Pat !lament made the Loud Mayor and several of the Col potation of London ustico, and Mr. Evans submitted, that although the par• ties had joined in granting the lease, thi y had duly exe cuted the Luse, on an to make it a valid instrument. '1 lac Lord Chief Justice %sunlit not allow the e load been a breach of Nast, but reset red some of the legal objee- Liiii• of Mr. Evans fur the fit:me opinion 0: the Court. Tire Jury tumid a verdict fur the plaintiff, daina;es Is. EDNESUAW, APRIL. 17. Fatima to v. THE EAST INDIA COIIIPAN Y. This aas an action in trover, brought by Fleet:fan and Company, to recover the value of 42 cheots of indigo, sold at the East India Conripita)% salve. It appeared that the corm.; 'mils of the plaintiff, at Calcutta shopped the indiAo in quit ethos on 1111i1111 the Cerbe rut. On the voyage limier the vessel wits are, ked in Table Joey, and the goods saved were void by the Captain at Cape Town. questioii a us, whetter the Captain wasjustilied In aching the property before he brad corninuoierted wars the owner. Tire Jury rotted a verdict for the plaiutilf for the selling rice of the article. THE Al-lONLES OP SIARERLEY v. Loan ST4III. This was au action brought by the assigliees ul tt nahkrupt on tau bills of esetiange; drawn by a visors moved fOlqi• a, accepted by Lord Stair, made payable at the house of Lnutto aad Cit. and indoised to Metiberley by NPGra. The Ldls were dated May ti. lota stud 200,, lahG. 't hey had be.le received fur Cal sieges. Ater the bankruptcy had been proved. Mr. beurlett olij cued that the bills a ere dr . . .n in Eng land, Cornell purpot nog to he drawn in Bo woe's, and that they were not duly stamp il. line Jury found a verdict 1441001. the amount of oue of the b.ils. NNE KING V. EV/INS ♦rO CONKER. This was an indictment against the defend:nuts, who are augur brokers. grunren, and Its dealers, for willul HIM cor- rupt perjuty,tatelett to h•:ve been committed iu then answer tuu bull bled in tae EICIMpIEr to retrain the execution of prore•s from the Common P:eui. Mr. Scrge.int Yell, far the defendants. took an objection to the auto, Ality in the Indictment, which the Lord Chief Justice held to be fut.d, . IA the defendants were atcquitted. THLASU APRIL IS. 111131•Trit A • ro 0T1113.R4 V. TLXPLA The plaint, s wLo are hip-In °leis, litutigat :his a( tlon THE NATIONAL REGISTER to recover from the defendant 4071. the amount of their commission of one per cent. on the price of two East lu diamen which they had sold for hire. The defendant contended that lie was net liable to this demand, inasmuch, as it was not he, but the purchasers of the vessels, who had employed the plaintiffs to nego tiate the sale. The usual per tentage on sales of this description was admitted to be one per cent. and it was Atwell by several ship brokers, who were called, to be always paid by the seller, even though the negotiation should have originated with the purchaser, the htuker being considered as the 1111 l mat agent of both. From the deed of vale it appeared that 10,0001. had been given fur the beneficial interest of the defendant's contract with the East India Company, and 30,1921. for the skips, which were then iu an unfiiiish ed state. The Lord Chief Justice directed the jury, if they be lieved the evidence, to give the plaintille the per tentage on the pi ice of the ships. which iii his opinion could not , include the 10,000 1 . which was merely given fur the con- I tract. The Jury accordingly found a verdict for the plaintiff. —llamaces 3071. 18s. Dawson and another v. Longster and another. This was an action brought by Messrs. Dotson, ship wrights at Lime-house, against Messrs. Longster and Lecke, as joint owners of the ship Ranger, to recover 41471. for repairs done to that vessel. The defendant Longater suffered Judgment to go by but Leeke resisted the demand, on the ground that at the time the repairs were done, he had disposed of his share to Longster ; arid though lie had suffered his name to remain on the register, by way of a collateral security fur the payment of certain bills which lie had received for the amount of the pitichase-money, yet hav ing parted with the beneficial interest in the ship, and the credit having been given to Longster, lie was nut liable to this charge. It appearing, however, that the defendant had not wholly parted %WI his interest in the vessel at the time the repans were dune, hut had merely executed an agreement to ti aro fer his share to the other defendant, when the last of the bills should be duly paid, which was nut until the following year, the Jury found a verdict fur the —Damagi s 8471. _ GRANT V. SAUNDERS. This w; • an action brought to recover the sum of 40111. upon an alleged warrant) of a large quantity of herrings that were transported to the plaiutill's estate nt Jamaica, in the year ISIT, and Fold by the defendant to Aid. Atkins and Son, the plaintiff's agent. It was said that the herrings nn their arrival in the West Indict:, were unsound and unlit for the purposes intended; although other herrings of the same cure, bought of the same defendant by other persons, and p!so sent to the West Indies, turned out to the satisfaction of their purchase's. Mr. Lane, Alderman Atkins's cleck, was celled to prove hat the defendant warranted the herrings to be as good us any which which were in that year scut out to Jamaica; but on his cross-examination by Mr. Searlett, he admitted that Mr. Saunders positively refused at the time of contract, to warrant them iu writing, but that he did so verbally.— It also appeared that Mr. Grant had long since been paid in account for the and Ih a in fact this action was the worths alderman's, although he came into cow t under Mr. Grant's colours. The evidence for Ilia defence was in complete contradiction to the statemeut of Mr. Lane; proof tieing given that a war rants sviti es pre&sly named, and that the herrings appeased of the :inest quality. Tile learned Judge, in his charge to the Jury, left It for them to say which they believed —the " plaintiff's witneows or the defentlant%—and tit give their verdict accordingly. The Jury returned a verdict for the defeutlant. FIIIDAY, APRIL 19. wiettot.Ls v. TIII.IFORD. This was an actioi.cf troser to recover I:111. the valne of certain goods and fixtures which the ;deltoid alleged the defendant had improperly converted to his own use, under the following circumstances: — The plaintiff formerly resided at Farnham Hall, in Hertfordshire, but quitted that place about three yea's ago, leaving the fixtures in question in the keeping of a person named Knighton, who continued to reside there for sonic time, but ultimately let the house and most of the fixtures in question to the present defendant. The defendant, in reply to the plaintiff's ease, con tended that he hail fairly taken the house and fixtures of Knighton, and paid Min a higher rent iii consequence of having the use of the fixtures ; and further, that the plaintiff had left the fixtures ;silk Knighton in pledge fur a ranch larger stun one to him wait that now claimed. Mr. Gurney, on the mitt of the defendant, was about to call ss it ties, es to prove this fact, and called Mr. Knich'un; but Mr. Campbell, for • me plaintiff. objected to this coarse, and submitted, that Mr. Knighton wall nut a coinpeient ssitue s s; his intere-t in the te•nit was clear, he beim: himself liable to the defendant, if the plaintiff obtained a verdict. Mr. Gurney declining to release Mr. Kotigtoo, 'llll. • , under his Lordship's direction, found a ver dict for the plaintiff tor ;01. the value of the fixtures remaining on the premisess when defendant took lIUSSe6. sitir,, pall of them having been previously removed. OLD B.HLEY SESSIONS. WEDNESDAY, APRIL 17.--This day the Sessions com menced before the Recorder and Lord Mayor. George Reid, aged 14, was indicted for stealing a handkerchief; value Ys., the property of Thomas Rees. Ann 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 arm.—lie was found guilty. Michael Bateman was indicted for feloniously embez zling 4s. CO. the property of his employer, Edward NVorthington, who is a wholesale brewer; prisoner was in his employ, and was in the !Wit of receiving sums of money on his acco ttttt , which were handed to his clerk usually every night. The clerk deposed that prisoner tendered his accounts to him every evening ; there was a sum of 4s. 61 Owing by Henry 'Loose, stliic li prisoner lied nut entered in his . account as lacing teccircd.-..thi his cross-examination - 1 Z....... he stated, that he understood the prisoner had been a brewer, and had sold his master several casks, for which prisoner received a bill at two months,valere 251. 111 s. 7,1. which bill prosecutor had paid at two different times— the last payment kad heen made in February. Henry 'foose said he hail paid the 4s. 6 I. In question, and produced the receipt; had known the prisoner seve ral years when in his own trade ; owed hint a balance now (or that account. Mr. Ralph Lindsay, deploy bailiff of Southwark, and two other gentlemen, gave the prisoner an excellent dia. racier fur honesty, sobriety, and industry. The Judge, on summing up, laid the evidence before the Jury. with reference to toe prisoner's character, and the possession of property to the amount of V 51., leaving it for them to consider, under these circumstances, whe ther the ptisoner could be guilty of embezzling so mull a slim as 4s. fiel --Not Guilty. Joshua Reed was indicted fur stealing 21 sovereigns, two guineas, and other monies, in the dwelling house of Thomas Reid, his father. Gtolt,—Death. Henry John Naylor, George Adams, Edward Ward, and John Anson, were indicted for tenglariously break. ing and entering the dwelling house of W.Condell,Esq. anti stealing therein a clock, three silver forks, foul dozen of knives and forks, and other property. A great number of witnesses were called, from whose testimony the following facts were elicited Ceti dell has a country house at Greenford, on the Uxbridge road, and about two o'clock in the morning of the ;10,6 of February, Mr. Platt, who happened to be sleeping there, was awoke by the barking of a dog, and tile open ing and shutting of doors in the house—he got out of le:d, and taking with him a double-barrelled gun, went cautiously dowel stairs, and saw, by a light from a lan. tern, the figutes of two or three men, moving in a passage leading towards Mr. Condell's study. Ile immediately fired at them, and they ran into the study, anti jumped front a window which opened upon the lawn in trout of the house. Ile pursued, and as he saw them rutinitig he pulled the trigger of the other barrel, but it missed gre. lle then saw three men distinctly, and pursuing very closely, drove them to a quick-set bedge,and they forced their way through it. As Mr. Platt was returning to the house, he stumbled over a pair of shoes and a hat, upon the lawn. He roused the servants of the house, sent for King, a constable, and on examining the premises, it found that the thleves had 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 torks, a clod:, three silver forks, and some silver castor tops. Mr. Platt despatched King and the gardener of Mr. Condell Mope 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 tvalkmg without shoes or stockings. The gardener took Naylor into custody without opposition, but Ad ems, on I);:itig seical by King, made a violent resistance, and attempted to take a pistol from his breeches pocket. After severely wounding King on the head, he succeeded iu getting away, but was taken the same morning, aid a loaded pistol, printed sill cocked, found in his pocket by Plank, the .Marlborot;,:h. street officer, who, on ex conning lit hands, found 'bent much scratched, and there were several shot-holes in the skirts of his coat. lie was still without shoes, and those found by Mr. Platt fitted him. When Naylor was searched, three silver forks and some castor tops, part of the stolen property, were found. About half an hour alter the robbery, the prisoners Anson and Ward were seen at the Old Hats public house, on the Uxbridge road, and employed a man to procure some liquor and refusing themselves to get into the house. Their faces were partially concealed. They then bargained with the di leer of a bay cart to ride to town, hut were overtaken at Notting-hill, and a centre-bit, which exactly fitted the marks tin the shutter at Mr. Comlell's house, was found stuffed into one of the trusses.of hay. Ttleir clothes had go. co marks upon them, and wero tery 'nudely, . and their hands also were scratched. It was proved to addition, that all the four prisoners were seen on the read together the evening ;actions to the bur glary. Naylor cite! Adams received a good character front se veral witnesses. Mr. Justice Park summed op the evidence, and tile Jury foood all the prisoners guilty—.. Death. THURODAY, APRIL 18.-WRI. Tilley was indicted for stealing , a mare, the property of J. Mullins, at Ted &ileum —Verdict guilty, death. G. Adams was indicted for stealing a watch, chain and seals, the property of J. Spencer, in his dwelling house.—The pr , sectuor keeps the George and Vultore, at I loximt. Ou the night of the :tits of March, the prisoner came and asked for a bed, tor which he paid He then asked the latest hour at which the house was open, and being told eleten o'clock, he returned at that hour, got a light and went up to his rootn. In akw minutes lie cattle down again, and saying he would re. turn in a halt an hour, went out, but never returned. In conseqnence of a report in a newspaper, theyrose color went to Guildhall, and saw his watch in the hands of an officer, who had the prisoner in custody, for stealing three sheets from another house. The watch was stolen from toe room in which the prisoner was to have slept.—Verdict, guilty of ',waling to the value of 394. Henry Leonard was indicted for stealing 33 silver spoons, and 3a gold sovereigns, the property of %Wham Slade, in his dwelling-house.—Verdict, guilty, death -- The prosecutor recommended him to mercy, on the ground of his having left 4.1. in notes, which Weft tying in the closet untouched. John Eden was capitally indicted for stealing a sold watch, the property of Grurge Tomlinson, and a gold pin the property of George Flack, in the dwelling-hoot e of the latter.—Verdict guilty of stealing, but not in the dwelling-house of George Flack. Richard Smith was capitally indicted for cutting and stabbing Elias Duke, with intent to kill and molder hint. There were the other u3tial counts, charging tile intent to be to dtvable, or do some gr:evous bodily harm ".