The Statesman. — London, England, 1821-12-12 00:00:00

•4 . , f' , it NM rditir INTELLIGILWC :le • •••• ' VII COURT. Dsc. 11. NAPA RD •ND Anus' BANKRUPTCY. DXPARTI CARROLL. This vial/was again brought forward before the Court this day, on the petition of Mr. OeorFe Carrell, prating that a debt of 13,2071. claimed by Lim to be due from the bankrupts' estate, might be decreed to be admitted by the Commissioners. The Vics-Csurtcat.Lott, after considerable arirument, dismissed the petition, bat gave liberty to Mr. Cat roll to again apply to the Commissioners. --..dee,..-- COURT OP KING'S BENCH, Dec. 11. Aliddlesex Ackjoerned Maims eller 1111ebeeboes Tem before the Lord CldefJeeft, end Cameo Juries. 711.1.13111 V. WHIM FOOTS V. 'OWLET. This was an action by the indorsee aiainst the in dorser of a bill of exchange for 501. The defendant pleaded a set-off. -Mr. (immix and Mr. D. F. Jonas conducted the plaintiff's case, and the SoLictioa-Ozpsuat. the defend ant'. The plaintiff had been Secretary to the Norwich Union Fire and Lift insurance Oilee, of which the Pedant had been an anent. It was admitted that the plaintiff wee ,trustre for the other members of the So noty,and that the &Pedant, as against diem, had a set off to the amount of the bill of exchange in question.— Before the nese came t 6 a conclosion at the suggestion of Llama Judge, it was agr eed refer it to arbi tration. SRINIIINAN v. HACK. Thin was an action for money had and received to the plaintiff's use. Mr. Owlet mad Mr. Lone were fen the plaiatiff. The defendant-trade no defence. The case proved was, that the plaintiff having lost 961. in bank notes, the defendant found them, and ap plied them to his own use. The fact reaching the plaintiff's knowledge, and belag about to commence 'hostile proceedings, the defendant wrote to inform him that he had found the money. and from urgent necessity had spent it, bat was ready to pay it, and offered security , for that purpose, which being deemed unsatisfactory. the present action was brought. Upon the defendant's own letter, The Jury found their verdict for the plaintiff— Damages 961. This was an action against an apothecary for words of slander, importing 'that the plaintiff had mar demi his own child, Mr. GURNST and Mr. Lowe were for the plain and Mr. Scsai.err for the defeatist. . The plaistiff s. infaat daughter having ;Sight the mall-pox, the 'defendant attended her daring the ill ness, bat she unfortunately died; and it was alleged, that because the plaintiff did not suffer the child to swallow Is much of his physic as he prescribed, he (the defendant) circulated the slander alleged in the declaration. On the cross-examination of the first witness, it ap peared that the child in question was an Illegitimate ; upon which Mr. SCARJATT, for the defendant, submitted that Vie plaintiff mast be nonstited, there being no state ment in the declaration that the child was illegitimate, fur as the declaration stop* up"asy.cof, ilas child was tern in wedlock. The Curse James dirseght ite • venom well • .taken, and as the same time said, that supposing the declaration free of objection in this particular, the ac tion could not have been, sustained, .for the question v•ould be in what sent* the words were used, and unless used in a felonious sense they would not do. As the case went off upon this preliminary objec tion, the case of the defendant was tot beard—Non suited. • SMTTH V. OWEN AND ANOTHIR. This action was brought againstthe defendants, who Are two of the inhabitants of the Hundred of 03901- stone, to recover 201. for damage dune to the plaintiff's house on Piccadilly Terrace, by a tumnltnone mob out the eight of the 17th of July, when Lady Smith illu minated for the Coronation. Mr. bIARRTATT 11114itd, that a very large mob col lected inconsequenee of he Coronation, and having attacked several houses , t hey thought it right to de molish the windows of the .plaintiff. They destroyed the plate glass in the library, and broke a candlestick which stood fur ornament on the library table. Pass ing the house they took offence at the illumination for the Coronation. The amount of damage was 201., which the hundred, under the provisions of the 57th of George lit. , were liable to pay. Benjamin Wright, Lady Smith's butler, proved the damage done; thirteen windows were broken, besides the library candlestick. He knew both the defend ants to be residents in the parish of St. George, Hanover-square. which is within the Hundred. of Vl 'oilstone. • _ _ _ And►ew Hipster, the glazier employed to repair the damage, said his bill amounted to 201., The library pacer were large squares of plate glass. The witness also repaired the candlestick. The Jury found a verdict for the plaintiff—Damages 201. : • . ALLISON V. DEWIR. . The was an action of assault and battery. Mr. DEN:•IA% and Mr. PLATT coodected the plaintiff scase, awl NIL U. Piii t.t.i PS she, defendant's. The case for the plaintiff was in substance this : Ihe plaintiff is a bookaeller, and the defendant a Laker, both carrying oa husiness in New !tend-street. In August last Messrs. Itodwell and *Martin, the book sellers, had received i present of some grouse from Soofland. They sent the plaintiff a brace, but the moment the latter received them be sent •thew by his air" astisont over the way to the defecJaut, with his 'ropes's. The young man delivered Ilse* a.t , the de fendant% shop, with daa inverege alluded tp. It .seeinad, hwwever, %hit. the defendant did . not take t!i4 compliasseet in the, tense iatendell- .11ir grouse hAng fit adannerd in the program of. dieseLutior, ha : considered the present as a .Fwar.ticel. impish, and desired the messenger to say to . his, .master that be eouldnot *end tact his tespeots la taunt.— Ttse.nseaseawer,4laowerer, left the present on tirveette ter. and delivered tbe answer fro his ntester.:—lvilise earyn'ti 'the defeinitstft,"Who had beets tlifftutliiti' at . bit 4 II n It? :by thetri? Olin of the un:ivOrryiiiefiPit. 'thee went' ilk. .• gmat jia,s;:an with it to sore of Ilia neigh* Ors , to stsiw in whet esiOrlff the plaintiff . ..4l4o trP ore alp. Ore. We related to his *bop, h. foam& time plsiotlff there, Wm:, en srae're?reseeted, bed rile tki- Cher to , undeceive the 4isfendaest, is Its seppositioa that he had intended him awe Iseult. Conceiving that the plaintiff came to add fresh insult to' wins Sad Lappeacil, he seised a whip which stood in the wart of the shop, and began belabouring the plaintiff most unmercifully. Verdict for the plaintiff—Dansages 251. COURT OF COMMON FLEAS, Dsc. 11. Sittings before Mr. lattice PARE and a Special Joy. DIXON AND OTNltill V. WAITIIMAN AND OTBIBIL This was an action of trover brought by the plain tiffs, as assignees of William Adlington, a bankrupt 4 to recover from the defendants, late Sheriff of Middle. sex, the mould of some goods on which an execution bad issued at the suit of one of his creditors. Mr. Serjeant PELL, stated the case to the Jury.- -He understood the act of bankruptcy was to be disputed, and he should therefore state that the bankrupt was a baker at Tottenham, and being in embarrassed cir cumstances, bad left his house. and bad declared to Mr. eope, a solicitor. that unless the witness. procured a person to become bail for him, he dared nut go back to Tottenham, as be feared he shouldbe arrested. Sub sequently to this the execution bad issued to realm the value for which this action was brought. The Learned Serjeant therefore contended, that the act of bankruptcy having beta committed, the exeretiee aces in fraud of the commission which bad ofterwords 4s sued afrainst the bankrupt. The petitioning creditor's debt be understood was to be disputed as forming ear l of the objections to the present action i but it would be proved that the petitioning creditor had &erupted a considerable number of bills for the accommodation of, the bankrupt, some et which bad been paid to above the amount of 1001. Tlse Learned Serjeant first call ed several witnesses, who proved these facts, and then three brokers, who proved that they had valued the goods which had been taken in execution. Some of the latter witnesses differed in their calculations of the valne of the goods. Two valued them at above 7301, and the third had only estimated them at 6991. 15s. The goods bad only fetched 6191. at the sale. The witnesses admitted that goods sometimes sold for more, sometimes for lesolliwts their valuation. Mr. Serjeant LENS, for the defendants, contend'''. first, that no act of bankruptcy had bean proved, far it appeared that the bank Apt had absented himself from home for the purpose of procuring bail to a par ticular action, and not to avoid or delay any of his creditors. Bat even if the act teas sufficient to found a commission of bankrupt, the petitioning' creditor" debt was not good, for the bills had been admitted to have been only accommodation bilis; and as many of them bad not been paid, they could not be takes to have formed a bona fide debt, on which to found a com mission. kir. Justice PARK then charged the Jury, explain ing to them, that in this case the defendants were only nominal parties, the action being really defended for the purpose of deciding the question, whether the commission could be supported. The Jute' corsidered for a short time. and then re turned a verdict for the plaintiffs—Damages 6191. • OLD .84ILEY,Dec. s is die Mine of the esord itaa, two:of the witseesei for the prosecution against Mr. --Baxelby, for the al- . leged forgery of a will (reported in oar paper of Mon day) were introduced by Bushman, the+ attorney for the prosecution, and made application to the Court for their expenses. The COMMON SERJIANT slid he could not attend to the application, for he did not try the case, sad the request should have been preferred to the Ltireied Judge who presided on that occasion. Bushman said lie had been with the applieottglifet) fore Mr. Justice Bayley that morning, and that beamed Judge had referred him hither. • Mr. ANDREWS, the Barrister, thought it proper the Court should be informed that a similar application had been made before by the same parties, and thev were told the expenses would not be allowed except en affidavit. Bushman said they were now prepared with the ne cessary affidavits, which had been read over by' Mr. Justice Bayley. The COll - M 41,4 SERJEANT.-1 shall not frant the ex penses until I have looked through the affidavits, and taken the opinion of Mr. Justice Bayley from himself. Bushman.—But are the witnesses to remain in Low don till you decide the point, my Lord ? The Colmar*/ SERJEANT.-11 shall certainly take care, Sir, that any expenses which may be allowed shall be paid to the witnesses themselves, and soother person. With thie answer Rudman and the wits's*, with drew. ' Mr. Arrneews said he thought it proper to 'observe that the witnesses were not allowed their expense• at' the trial at York. ~. MIDDLESEX SESSIONS. . Yesterday Elijah Pinkney for enticing: Wm. Goodwin and John Brown to coins:tit a robbery. William Goodwin deposed that be was in the habit of electing the prisoner at the Rose and Crown, pnblic house, in Bunhill-row. On the Bth of September last, the prisoner told hilt and a friend of his, named John Browne, that he knew a good job that coil,' be done at a warehans.• in Grubb-street, where Vie Strom! waggon set up ; that he would V1111)1011 a man and a boy who had the care of it, by taking themout to play timings, anti in the mean time they conld easily get the screws (keys) and load a cart with hsoad cloth, of which there was a considerable quantity in Cie were house. The prisoner repeated this proposal about a dome times, and said the thing must be done, as money he wanted, and money he would have. Wit ness gave information to a Police Oificer, and after ward* before a Magistrate. 0°4)4 oross-exstnination the witness admitted that he has sometimes got his living by thieving; that be was 'iritkl in ! 8111, and hit, and was in consequence confined eh months in Neogate, and five years and , balf WNW' Hulks, and was then pardoned one pine bed foee thW enpi entitle of his time. • t riot . J•liitllirowne deposed to the proposal mode* 4W prisoner in the Lame terms as the first witness. ' cr.grs-examination he admitted that he lad ;hes* tried-and convicted along with Goodwin; 'twit 'be had:retinal the tame sente..ce and pinion. •-ffe said. he hail ever since lived honestly when be could ; bat he meld not starve. and sometimes stole a little to prevent . preve ft. Joscpb (hays stated. that be eOu the friend of the two lint witnesses,and ib September last bad beard the prisoner say to Browne that be mast pay grist at.' tendon to the job in Urubb-street, for money be wanted and mast have. This witness, like the two former, admitted en his cross-examination, that be bad been convicted of tea bony and sentenced to transportation, bat served the time at the Hulk', and has since occasionally lived by thieving. James Percy, the landlord of the Rose and Crown. stated, that he had frequently seen the prisoner and the witness in company at his house, bat never over heard their conversation. The prisoner had served the dace of parish constable. in which capacity he sometimes visited the Rose and Crown on a Sunday. Armstrong, a police-nicer of Worship-street, stated, that ho received information from Goodman and Browne, in consequence of which be apprehended the prisoner. Holt, deposed, that be had the care of the Stroud' waggon warehouse in Orobb-street ; that in the month of September last there was a considerable quantity of 1 broqd cloth in it. The prisoner was well acquainted will the premises ; no one slept in them, and at night 'they were only secured by a lock. Mr. IVairoan, f.r the defendant, contended. that so man could be safe if a conviction should take place oi the evidence of persons who unblushingly admitted, in a'Cnart of Jostler, that they lived by thieving. Pike person. gave the witness a character ; they had ill Sought cloth from him, and knew nothing bad of him. Tee CRAIRKAN charged the Jory, that the witnessrs *ere such as the law allowed to give evidence, and if they believed their story they must find the prisoner guilty. The Jury. with very Mt le hesitation, found the pri. soner The CHAIRMAN. in penlbg - sentence, said no one who heard the evidence could doubt die pris.oner's guilt; and the offence was so heinotts that hardly any punishment could be too great for it. The judgment of the Court was, that be should he imprisoned 12 months in the House (411:err's-Ann. Sarah Bishop, who was on Monday declared guilty of induelni the daughter of a respectable baker to com mit divers robberies on her own father, was brought op for judgment, when she was sentenced to twelve months' imprisonment in the House of Correction. POLICE. • -....,- BIANsioN-lumnis.—A middle-aged man, named James Smith, was brought before the Lord Mayor yesterday, charged by Mr. Forrsight, of 29, Princes street, with attempting to obtain money by a false pe tition for akorityia.His Lordship convicted him as a rogneutitivegitsenst, and ordered him to be imprison ed tw sip bard labour. Mai& 1 pilTßZET.—Yesterday Wm. Rivers and Jobtrkurgeo,ithe former a boy, were brought up in the castedybf Plank and Wales, the officers. charg ed with utterieg 101. forged notes, purporting to be E the Reek et iisgised. , _ _ •Agr. at systrti, 'OWL and Mr. Harslet, he the prisoner. Mr. Bolton, stationer. of oxford -street, deposPd, that on the. evening of the 19th of 'November. the prisoner Rivers called at the shop, and representing himself as serviot to Dr. Hough toe. of Bedford-square, ordered a quantity of quills to be se.ut to the house of the Doctor immediately, and requested change for a M. note. Witness received the note from the pri -soner, and not having sufficient change, he sent out for it while the Osamu remained in the shop. He at length procured the change and gave it to the pri soner, who gave his name Williams. On the goods being carried to Dr. Houghton's, it was ascertained that be had given no directions for such an order, and on inquiry the note wu found to he forged. Mr. Miller, Inspector of notes to the Dank, swore to its being a fortrery. Another charge was exhibited against both pri soners by *)r. Wedgwood, stationer, of Oxford-street. Morgan denied being concerned with the prisoner Rivers ; he bad not been long from the country, and was out of employment. The Bask Solicitor said there was s perfectly clear case against. Rivers, and there was a prohabilky of Morgan being concerned with him. He therefore re quested that the parties should be bound over to pro secute Rivers. and that both of •them should be brought up again on Friday next.- A great number of forged 101. notes bad been lately circulated, and perhaps some might be:traced to Morgan. His request was acceded to, and ithe prisoners were sent back to prison. Bow-STREILT.--hir. Richard Hefting brought be. fare Sir R. BIRNIL is a warrant issisikataisimOlof a Mr. W. Alexander Harvey.. • ) ' 1:•,• Mr. Harvey stated that be was requested kr Mr. lien, the proprietor of Bell's Weekly , Ales:ever, to wale a letter to the defendant, who •is 'the nephew of Mr. Rd!. Ile did write accordingly; hot is so deist, he acted merely as the amanuensis of Mr. Bell. and' did not insert a single syllable bat what be dictated. The letter so written was sent to the defendant, who shortly af:erwarda desired to hare an interview with hissa.(Hr. Harvey); and upon his going to •his house for tbat•purpuse, defendant held the open letter to wards kilo, and asked " Is that your hand-writing ?'• Tuis having been answered in the affirmative, he de manded--•` Did you know snyikt4er f" Mr. H. re plied that be dill not, and defendant instantly struck him over the .shoulder with a thick aids . ))e bad in his hand, repeating the blow so furiously and so frequent ly, that his back was covered with braises from top to bottoat•: 'Oahe moreover received a severe contu sion on thelick of the head, by. bumping against the wall NFU was tryintiturree out of the 'Way of the seicit. •- .1 . Mr. Bell, sea. proved ►is having dictated the swatter in the letter to Mr. Have?. • The defendant, in explanation, said the letter con tained reteatiene upon bii father, who died fighting the battles of his country: 111 r. Harvey' acknowledg ed having written that letter, and, had be been Go liath bi:oself, he should have chastieed hint ibr it. Sir Rims*, I.ll.thin observed.thit he might' with as mule repriely have .beatea the gooselaill wiskl which It wss written l. and then held Isku to boil be an, wer t be. eeenflaints dt tite.Sreal wage - • Several hbobeey atatehowo ware 6 1 77 11/1.116 6 MSS fot obstrdetiat the Lai% highway in he m , of Covent Heiden Tbeatres ama rellisiag te a n% • when otdeied to do so by the police. Ailing shic was a al* fellow; well Ithdied to his kawil,., by ttte appellation et' 0 Bitches:l Amp 4;4 . Donaldson described at the most irtlll4l4seett 14 6. low that Over mounted a boat and is reply, hi told Donaldson he bad better Wad what h e ii i ii , about, or be wield And himself in the wresky hi t He was fined NM anti' gusts, which he M o w Ili pay, aid was commitied to prison. This man some years ago was takes* d m ' of wilfully cutting the traces of a eoseh op ie ' tent to let down the b o dy o f it.' He vi e 4 before Mr. Graham, then a Magistrate of tal l i k, Ace, and the owner of t h e coac h declining *paw cute, Mr. Graham ordered hi m to h o • carried ii board the tender, but before ha could be m ut there he gieseved one of his tbdmbs si ko na Ll that it was found necessary to Amp:Hate h i l i t Z , diately. This he did with intent to dila* mai self from serving as a seumati. Tbd , stratagem did net answer ; howeeer. for belui li a to the tender, asil there drafted on bear41,. 11 26: ship in which he serval som e y e .. ra . 770, • •.1 EXECU,IOX OF MRS. 311077'LR 1011 Tun wttanan Mr nett 111171111AXI. • Oar readers are aware that this day wg s A n a r ee l the execution of the unfortunate X argatet nodal, • convicted of the murder of her bostomd, Hoary * w , tleworth. The appalling apparatus of death erected yesterday in front of the geol—a s e w* . never before witnessed in this place. A bunt the bosh.' log of last week, a petition was transmitted t o his Majesty, signed by a number of respectable Ow of the town, praying for a commutation of ment, that the feelings of) the inhabitants riot h o , spared the horrible exhibition of a public euratio‘,... and that too of a female. An answer was last al* received from the Secretary of State, stating *ga g case of the prisoner bad already received the ik i d • minute investigation of the Privy Council, aa4 ih t the Petition contained no groneda upon which Is e Majesty's advisers could feel themselves warrawed recommend the isterpwition of Royal classi er . Provost Gibson, accompanied by the Rev. Dr. Net.; son, comninnicated the result of the petition utile id. fated woman. She beard the tidings which nth; goished the last ray of hope with great tenipmare ; and este.' that it was aching but what she expected.. th being visited by her mister the night before bee execution, eie spoke without any agitation eaten int( her unhappy situation and the dissection of her body, and reproved her sister for giving vent to the excess of her feelings. Dr. Paterson' remaiaed with her till *bent one o'clock of the morning,, assisting her in acts of devotion. After he left her the 'retired to bed, slept about two hours, and was up and drone( by six o'clock. Is the forenoon she was visited-het the Rev. Mr. Dodgems, of the English chapel, who oho ministered the sacrament to her. The steutables were, summoned to attend in the Town-ball, at twelve o'cleek from which they proceeded shoat one ell**. 'tit the front of tbp person. Abates a goad* pie* k ale criminal ws brought oat, alisesoiAtilrtAns. , . Mr. Winos, Dr. Paterson, and Di. Woo. A. part of the 51st Psalm was sung, begianiag at the seventh verse, in which a part of the audience pito& The Rev. Dr. Paterson then delivered a most knell and impressive prayer, daring which the inferno* woman kneeled down, and joined with the great 1 fervour. At this time the scene was awful and appah long beyond description. The criminal was Neatly dressed in black, with a white apron, and altogether appeared in a clean and hAmisome manner. She *Ow came forward with a Orin pace; and after the each: tioner had adjusted the rope, she addressed the awn ence is a strong and audible voice—protested her is nocence of the crime for which she was to safer, sad cautioned the spectators against the vice of &sakes. ness, and the sin of Sabbath-breaking. Her last wools were—'• I die innocent-1 loved my husband-1 love my life—Jeans Christ have mercy en my soul"— Abont ten minutes before three the drop fell, and she closed her eyes on sublunary objects without any sir sibie struggle —After hanging about 50 minutes, the b.ulv was taken down, and put into a box, to be wet to Edinburgh, pursuant to her sentence.—(MostreW' Review.) l v CAUTION TO INNKEEPERS, &c —Persons are `►ia` . about, pretending to be very ill, and re►luesting to be shetvn to the water closet, with a view to pilfering. farm of genteel appearance, dressed in a dark ee• loured frock coat, top hoots, and white hat, os Se' day week wade use of the above pretence to ester & *aura in Ili•hopsxrtte-street, and sto;s from the sits• board eight silver salt spoons, marked with the paw poi the house in full, and also the silver tops of a set of Jaiken, and decamped unsuspected. This notice ti mitres to the public that they u►ty be on the Wed to prevent a el petition of such practices. • M A RRIEG. Monday se'nuight, at Carlii.l4., Mr. Willlsw Theses, r lebrated is •` the !Veterloo MATCH 'maker," fit MI" °I.II (*e know not which) Mary Iltarle)mont. The Loy, It M whispered. has paid her devotes to II ) me w less thin threw • times before, although of the tender are of eigh" e • Mid yet has not hail the grief of weeping over the &wise of say of her husbands . Ail her former watches were •& at. Gretna, and this, probably., amply accounts for stability.—(Ncrecaatk Chroaiatj 4 .: : . ..- . Abirma • 11 _ W 44 Th tbit; ' ; • 4 1 4' Ai m a se To s;MI iamy .11 ISei. Jit 400 On Saturday last...fter a long illness, Minor, stile dila Joseph Fisher. 2. Leicester-square, aged ed. At his house at Clifton, ou the Ist instant, aft er a psisrol nod lingering illness. borne with lunch I.4.ielice suit forti tude. Lieut.-lien. John Lees. On the 20th ult. at Avalon-under-Lyle. Mr. Jame s ton, aged SI New' possessed of an independent property. Never f iss i o n eider yenta. He was an eccentric ch ars* ter, and stake innovied state, he lived in a small house *lose. La . Wage through add the various avocations Wailed./ 0052,13 -keeping himself. indeed lie would n ut al ow either Wife or female to enter his dwelling. swiie solitary in isz e lad. }lin property. which was c.oisitterahic, gradually' . lor he never kept any books of account. a . nd h 4, , 01PtiA4 became tentemarded. it remained so, as ali enquirer' IMO' them received short answers. and the dour w" s groat' If abut against such it visitor. About lh.ee y , ars Ntio his Wide was broken into, in the night time, and front 11 . 141 P e. Illid 4 he never slept in a bed, bill lay on a sofa, with sit was °Milo bilfuttsg throughout the WO, both in s ummer whiter. • 6.4 *FPI Los:teat FOtrd. 'iod, sod Published at the Odle" " Tog likraTsom AN" Mid "TA' ComsTrrtirto• - ( 81•01110 Payer). No. 104. !Went. op i posite 4t. el, t 4 t;:•Fen• by IC "WARIVI.L. 1.f.. R., to whom *Li V. 1. an ati::l, Orders, dm. aro regaestad to we adressed. 1 es ter J Joao dig Yee 9 4 girl char Lae ter! pelt !en siva .Call bee auk) -- ~B •1 •! atr p t Amid Ow . Pt 1 111 4 1 Su aeli Ike. V vt V 1 I 3 h I .1