The Statesman. — London, England, 1821-11-17 00:00:00

r , !%101RZW *. C . .7- ' LIIIV INTELLIGENCE. COURT OF CHANCERY, Nor. 16. THE ATTJRNEY•GENERAL V. THE COOPER'S COISPANT - - AND DR. SZANIS. (For the circumstances of this case see our paper. of yesterday.] Mr. HART repliet. The LORD CHANCILLOR..--" Let tilis stand over 'for judgment until Tuesday morning next,' and if the Coopers' Company have carried in any scheme before the Master for the regulation of the Charity, let it be banded to me." Judgment postponed. THE SAM v. Till SAME. Mr. WETHERELL stated this was the petition of Ro bert Hudson the elder and the younger, praying that it might be referred to the Master to inquire and re port whether the rent of 4381. paid by the Petitioners to the Cooper's Company for a firm in the County of Essex, the property of the Charity, ought not to he reduced ? There was a long schedule attached to the petition, spewing that the rent which they paid had ben over estimated. The land generally produced po tatoes and drum head cabbages, which were cultivated for the London market, and that by the importation of them from Scotland and other places, the price of potatots, which three years back were siz pounds a ton, were now reduced as low as two pounds, and dram-head cabbars in an equal proportion, by which means the Petitioners bad lost 1,000/. in the year 1820. For these rations, and the general depressure of agricultnre, the Petitioners prayed that it might be referred to the Master to inquire whether the pre sent rent paid by them was not too high. Mr. CHING followed. r. Mater, counsel for the relators, stated that there was a vast deal of argument in the petition rela tive to potatoes and drum-head cabbages, but the peti tioners bad forgot to State to the Court that they had erjoyed the farm before the year 1818, at 2601. a-vear, aed it was considered to be so underlet that theCoop ers' Company was compelled by the Court to pay the d;fference to the Charity between that and the greater rent. The increased rent now paid by the Petition ers was their own offer. If the prayer of the Petition was granted, every farmer who held a lease for twenty one years might also come to the Court to Ince his lease cancelled, on account of the present exigency.— As to an inquiry before the Muter it could be only as to relief for the present_ exigency, for the Court would not order the lease to be given up on account of the reduced price of the drum-head cabbages. The Lotto CHANCELLOR—." Being unfortunately a sheep farmer myself, and a sheep may be considered as' a drum-bead cabbage, am I entitled to relief be cause mutton, a little while ago, sold at elevenpence per pound, and I see it marked up now in Long-acre at threepence halfpenny per pound ? I never beard of a farmer wite.lbe articles of produce were at a high price pay a greater rent to the landoteire_tban he bad etipelated for in his lease. This Cou r rt never went further than to order a reference to the Muter whether any and what reasonable reduction ought to be made for the present year. The petitioners may have this order, they paying the ;costs. I thiak it ought to be indorsed on the back of the order, that when produce _shall bear a high price, the petitioners are bound to refund any reduction in the rent that the Master may be of opinion ought now to be made to them." COURT OF KING'S BENCH, Nov. 16. TUE RING V. DAVY AND SNOWDEN. The defendants, whose case we mentioned yesterday, were brought up again this morning, at ten o'clock, pursuant to the order of the Court, to receive judg ment for wilful and cot rapt perjury, in swearing that Mr. William Davy, brother of one of the defendants, was indebted to them in several sums, amounting to 14,0001. Mr. SCARLETT addressed the Court in behalf of Mr. Davy, who was placed in the unhappy situation of ing be obliged to commence a prosecution against his Own brother. The Court had beard the affidavit of that gentleman, who would not have come forward but from a sense of what was due to the public. The de frudants owed Mr. Davy 60001. which he advanced in brotherly affection, yet from a wicked and abominable feeling of revenge, they bad endeavoured to throw him into a prison by swearing to a debt of 14,0001. — 'their object was vengeance, for his integrity in rot joining them in a design to defraud the rest of the creditors. The defendants, to the crime of perjury, added ingratitude towards their formerbenefactor. Mr. Davy find instructed the Learned Counsel to pray their Lordships not to confine the defendants together in the same prison. No reformation could be expected if they were suffered to remain associates. Mr. WVLDE also addressed the Court in aggravation. The defendants being asked if they had any thing to say, complained that they wanted pecuniary means to procure affidavits, and applied for further time. The Loan CHI EP J us rice asked whether they had re cently obtained pecuniary means? Snowden said they bad not, but their intention was to try their friends or the public at large. The LORD CIIIEF JCSTIOE---" We cannot give time for application to the public at large. The utmost the Court can do is to allow you until Monday sell/might to procure the affidavits of your friends. The defendants accepted the indulgence offered, and are to come up again at the time appointed. The greater part of the day was occupied in special arguments. COURT, Nov. 16. RESTITUTION OF CONJUGAL RIOUTS. VIIIIILOW V. TIIIIRLOW. This suit, at the iastance of Mrs. Maria That-low, against bop husband. for restitution of. Conjugal 'ights (on oµ plea that be bad, without just cause or provocatims, compelled her to quit his house in 1816, under a deed of separation), was met by a responsive allegation oa thw part of Wm. Thurlow t Esq. charging &dither, in bar of the wife's suit, and , praying in con sequent*, that the Court would prowonsee sentence of divorce. • The Wiest question was as to the admissibility of this allegation. which contained . 17 articles. The chief of Oise were now objected to by Drs. Phillimore and Dodson. Counsel fur Mrs.Tiserlow, on the ground, that they were expressed in a wanner which was too tscersl, rape, diffuse, and irrelevant. These ohjee- none were atismeted- Dru Jenner awl Lasinures• and argued at considerable length. los Sir C. Row - Mask prof:eaud to gitopdgesellawn the several !fillet's is Os their admissibility. It will coin petent for the husband to plead the adultery. of his wife, in bar of her snit against Wale% notonly to oppose her claim of restitution, bid to avail himself of a divorce, which the law allowed. Aelseire die adultery should be proved ; so that, in fact, this became a suitl of - adultery, by means of thOusband's With-regard to the husband S pleading- the marriage, the birth of children, and a deed of separation, by which, in 1816, he ceased to cohabit with her, as al leged, on the ground or unhappy differences between them ; there was no solid objection to his pleading those facts, although it was admitted a deed of sepa ration was no bar to a suit of restitution of conjugal rights, unless founded on adultery as the cause of such separation. Those pleas not being attended with ad ditiotail expense or detriment to the female, were yet material to the history of events, and therefore the Court would admit them to proof. Likewise as regard ing this agreement, by which the husband was to take the children from their mother's charge, allowing her eighty pounds per annum, which the allegation further evened, was regularly paid. To the sth article, Itbeing objected. that no act of adultery was charged to have taken place till 1820 ; yet it set forth, that the said Maria Thurlow resided at Sudbury, in Suffolk. and Braintree, in Essex, after the separation, such specifi cation of residence having no object in this snit. The Court, however, determined this was a part of the res fiesta, as connected with the more substantive facts charged, namely, that the said Maria Thurlow after wards resided in the neighbourhood of London and I Southwark, at Paradise-row, Lambeth, West-lane, Ken nington, and other places, whereby she assumed va rious names, and became criminally connected in adul tery with sundry strange men, whose names Mix com plainant cannot set forth ! The Court observed, in an iswer to this generalcharge, it was not likely to find out the names of all, or any of such persons as might be connected with a woman Using separate from her husband in a state of public prostitution, as this ar ticle set forth ; but being connected with the history of what took place in that of more substantive charges of adultery, that article should be admitted, as it might tend to more satisfactory evidence of specific facts which might afterwards come before the Court ; and especially where it was charged in the nature of confession; though confession of adultery was not admissible evidence in itself, yet as decided in the case l of Mortimer v. Mortimer, under the peculiar circum stances of the case, it might be evidence connected with other facts. This allegation in the 6th article pleaded, that the said Maria Thurlow frequently called upon a Mr. Parsonson, with whom she had formerly lodged at Sudbury ; and confessed to him that whilst she lived at Paradise-row, Lambeth, she was regularly visited by two young men, who were in business in Bond-street, on Saturdays and Sundays, and that they • • *int 'and allowed he.e a weekly support. Thii, was a coofenion of a- singular nature, wick qr the Conte felt reluctant to admit, until it should appear nutlet what circumstances this Lady had made Mr. Parson son her confidant, so as to possess him of such a mi nute disclosure of her being engaged in an habitual adulterous intercourse. And with respect to the ob jection that both these young men might be in ferred as sleeping with her at one and the same time, the Court thought it more probable that by Saturday and Sunday night, was meant. that one passed the Saturday night with her, and the other the Sunday; although this confession went on to state that they staid with her till Monday morning, and then went to their business. The names of these young men were not introduced, and the Court was desirous to know how it commenced, and what gave rise to so singular a conversation between her and Mr. Parsonson, before it admitted that arti cle, especially as it set forth no date or specific act of adultery ; it might be difficult for the party to make a defence to such a general charge, specifying no one particular day, but Sunday's and Saturday's generally, In consulting books of practice, the Court was parti cularly cautious to admit evidence of confession, in order to guard against collusion ; for purposes of vo luntary separation and divorce the Court would at all events require that article to be reformed. The deci sion of Sir W. Scott in the case of Mortimer and Mor timer, drew the line of distinction, the evidence in that case of confession being of a special nature, and such confession having a connection with substantive facts proved. The seventh article was more specific, in charging her -with carrying on . an adulterous con section with a Mr. Ferguson, who lodged at the house of a Mr. Anderson, No. 9, Tower Royal ; that on the morning of the 14th of September., 1820. she called there and enquired for Mr. Ferguson, calling herself by the name of Taylor or Turner, and being shewn up stairs to the first floor, she breakfasted with him that day, and remained taking her meals with him till the next morning. The servant went up about ten o'clock on the night of the 14th, and found the-room door fastened, and the key-hole stopped up with paper. This was the very jet of the husband'a allegation, and therefore should be admitted. It was further charged that she lived with the said Fergu son in the King's Bench prison, passing as his wife.. by the name of Mrs. Ferguson, and that meeting a female with whom Ferguson had cohabited, by Red dent, on Fish-street-bill, she 4 , 4, dessed to her that she was then living with the said Ferguson in the prison. The COURT admitted the objection as to the infer- 1 once, that this confession implied they were living is adultery, since it was for the Court to draw the is •farence from the whole res gesta of this eunfessios. The iuference could only be admitted by way of inuendo. IVith respect to the 13th and 14th articles as re garded repetition in the summer in which identity was pleaded, the COURT held that was not a material ob jection ; if it shoultlappear there was a sufficient iden tification. The COURT admitted the articles to proof, with ex ception of the 6th, aiml some trifling reform being di rected in other articles, Private information being given that an Illicit dis tillery was carrying on at No. 6, Oroetrei•hall-court, Poultry, the .officers of Excise, accompanied by some officers of the City Police, repaired thither . yesterday morning, and seised upwards of 6EO gallons of nio lasses-wash, and all the Utensils for ekrrying on an extensive distillety. The parties concerned had pre viously made their escape. I .- ,1 , Ar : • ; 7 POLICE. Maatatoitoutinexam.—Five persons of %tah • sexes were apprehended yesterday, bx Plank, Jeffetdez, and IFalett, and, codcrwent an examination, charged with& burglary and extensive robbery in the housed/dr. Ord% a gentleman of fortune, residing in Berkay-square.—' The burglary and robbery took place on the 10th Octobei, and 'twos then supposed the thieves had effect ed an entrance with pick-lock keys, but now the eel. dente goes to excite a suspicion that they were let in by i a woman servant, baying charge of the house in the eh- Bence of the family. The property stolen is to the amount of several huridired pounds. in costly apparel, linen,' watches, diamonds, pearls, and other jewellery, together with glasses and other furniture. Scarcely a portable article was left in the house. This robbery is coupled with estrum-slimy circumstances, which cannot at pre sent be stated. The prisoners were remanded. 11flb,.r-Lz-nosiz Oevice.—Mr. James Littlewood , o f the Inn of Littlewood and Lewis, linen-drapers, resid ing at No. 156, Oxford-street, attended before the Sitting Magistrate, pursuant to a summons, on an information under the Metropolis Paving Act, wherein be was charged with neglecting to remove an obstruction after notice being given him by the surveyor of the pavements. Tim nature of the obstructions specified in the informa tion was proved by Mr. Smith, also a linen-draper, and living next door to the defendants, which ogie, that the said defendants bad for tieing* of time beedin the prac tice of exposing shawls, pelisses' and other articles at their shop-door, whiCh satiltirticles projected on thefoot pavement about a foot, and consequently formed an ob. stroetion within the true intik and meanies of the Act of Parliament. Mr f Littlewood contended, that the articles placed at his door were not an obstruction, and be thought it was a very hersh proceeding against him, as several of his neighbours were daily offending in a similar way, and the ecesplaint was instituted from motives of malice, by demi th, his neig it le. strata at the offence had been p roved, TlFOOkeri and as be had no lit that Mr. Smith, the complain ant, would nut area for a conviction, he would give Mr. Littlewood a week to iJlscontinue the practice, and if he did not then desist be should enforce the penalty. INION-liALL.—Thoithes Beesley and Was. Fiddle, 0 brought up for a further examination ,on a char g e vr eMefitefiding Messrs. Specie and Copeland, porcelain and eass manufacturers, of •property to a large amount. Joshua Benyon, a servant to Messrs. Spode and Co. stated, that on Saturday morning last, he was put into the possession of the house and stock, at No. 170, High.street, Borough, and remained there during the whole of the day. In the evening, Beesley and Fud dle, with a Oentlesuan named Cook, came in. and asked by what authority be was in the house. He informed them ; when one of the party produced a constable's staff, and desired the witness to walk out, Beesley came forward, and said if he did not go, he would ere him in charge to the watchman, and he in conse quence left the premises. On Monday afternooa, be tween three and four o'clock, he went again to the house and found it shut up, bat Mrs. Beesley and her children were in the upper part of the house. On , looking over the shop lie missed a dessert service and / sev eral other articles, which he believe d to be the pro lisertylot lireenteinpent. having been in the imbit of re ceiving the produce of the sales in the shop weekly. Cross-examined by Mr. Haasiza—He never saw the private agreement between the parties. He took what money was offered to him, not knowing whether it was right or wrong. Ile knows that all goods delivered to Beesley were chargeable to his debit. Examined by Mr. TURTON—Beesley was treated in all respects as a servant. He never had any conversa tion with him on the terms upon which he was put into the house. Mr. William Copeland, jun. proved that Ise left a written notice on the premises, on Saturday morning. for Reesley to deliver up the stock and preullees. Cross-examined by Mr. HARMIII—A paper produced, which was said to be a debtor and creditor account be tween Beesley and his employer, was admitted to be in the band-writing of Mr. Copeland. On it there ap peared a deficiency against Beesley of upwards of seven hundred pounds. Sutherland, one of the persons set to watch the premises, saw a man named Hitchcock, and the other two prisoners, remove several parcels of goods, between ten and twelve o'clock on Sunday morning. They were taken to Hitchcock's house, in Mermaid court, in the Borough. James Bland ford, another watch upon the prisoner's actions, deposed to the same effect; and also that he stopped Fuddle with one parcel of goods, when he said he was going to take• them to a Mr. Garrett's, who bad bought and paid for them. John Hitchcock, of Mermaid-court, in the Boroughs. stated that he was introduced to Beesly on the Wed nesday preceding last Saturday, and was asked if he wanted to purchase any earthenware. and, as an in ducement for him to become a purchaser, be was told that be should have what he wanted at the cost price. He fixed upon a dessert set of china, anti bad paid for it 21. his. In consequenceof their not being delivered as soon as ordered, he went to Beesley's house on Sun l l day morning, and assisted him and Fuddle to take them to his own house. Cross-ezemined.—He bad fixed upon the things he wanted before Sunday morning. Mr. Benyon proved the dessert service to be the pro 'perty of Spode and Copeland. Mr. Oarratt proved the value of the service to be V. 95., and that Beesley was not authorised to sell it for less. Mr. Manning, a neighbonrof Beesley's, had seen pars eels taken to and fro from Beesley's house to the Mar shales prison ; and the impression on his mind was. that some one was coming oat of the prison to lodge at his house. , Joseph Rutland. the Deputy Marshal of the prison, said, that in consequence of instructions be hid re ceived from Mr. Garrett, he stopped several parcels' of goods that came from Beesley's house. Some property also claimed by Messrs. Spode and Copeland had also been found in an apartment of one of sh ► prisoners. Mr. Tuirrom said this was the case against the pri soners, but that he should not press for the committal of Fuddle. Mr. CHAS/MRS:HIM you any defence to make for the prisoners ?. 'Mr. HARMEW said that be was convinced that in Us; Beisky mold not be convicted bat as the Magistrate 'had taken an impression that a felony had been cosismitted, he should reserve the *ken for a future occasion. Pt 1-4 ,0 Mr. Cuaisuuz?'—l uriloabtedly think there are .strong eircamstanCes. against ;Boesky. but I. %see my doubt as to Fuddle. If Fuddle will give secs. :W..4•••• , Vf-i"•••••• • 7 4.!••Urti."•••• • ••• rlty.to as a witness, if he is requ i red, t . wn arid send the other case to the d b i e sc forthcomingrgs him, Sessions. Mr. HARKER wished him to be committed to tale his trial at the Assizes ; and, addressing himself a s Beesley, recommeded him to prefer being tried bef ore a Judge in preference to the Sessions. It would, h e said, subject him to a longer imprisonment, b a t h e was decidedly of opinion that it would be better for him to be tried before a Judge. Beesley assented to the proposal.—He was a n fully committed for trial, and Fuddle was ordered Wh o confined until be could find bail. Usetow-HALL.-1/. J. Crew, a man about 40 yea r' e r age, residing, in Lock's-fields, Walworth, was app; bended upon a warrant granted at the instance of t number of the inhabitants of Walworth, and mould y esterdayY before the Magistrates, charged with ads o f the most shocking brutality towards his son, a h e , only 7 years of age. Mr. Maynard, a gentleman h , siding at Walworth, stated the particulars of thcF l , sonees conduct towards his child. He said that the risoner had very frequently alarmed the net Rood by his inhuman treatment of the boy. saner was in the constant practice when he was of beating the child with his clenched fists, and lathha i him about till he could scarcely stand. Ile ha i l e h,. when the child offended him, thrown him into a wa s bath, ana compelled him to stand in his wet clothe, he was in a shivering fit. The blows given ae th e child, and the child's screams, had been heard alm a . siderable distance from the house. The prisoner lwa kept the child for a day or two together without UK . locked him up in a room, and this in the depth et s i b , ter, without fire; but the climax of his brutality wets chaining up the boy against the wall with a chalk thick strap, and a padlock, and in such a manner sh a d e 'could scayeely ease himself by changing his pain^ and he was kept in that place for a day together 4. ‘ott food. Somn-of the affighbOUri had thrown foals him tbron4ll the window. • A nutnbei of witnesses `came forward and deposed la the facts above itafest; one of them produced thetheik strap, and padlock, by which the child 'was fastened w the wall. Another deposed that on Friday last 140., saner beat the child till he could scarcely walk. The prisoner in his defence said, the child was a led boy. and had robbed him, and was obliged to chaislin up, because be was in the habit of running away sea joining a gang of juvenile thieves. Several-of the witnesses said, that the prisoner'setete inent was a complete falsehood, and merely an Weide of his to avert punishment. The prisoner's wife admitted, that her lute& used the child in the horrid manner ab o ve , she attributed his conduct to excessiv e p assio n sad de toxieation. The Magistrate said, he should take the boy eat of the hands of such an unfeeling wretch, and send hints the workhouse; but after a consultation with the milli officers who were present, and did not wish to nu ke boy chargeable upon the parish, the Magistrates gas up the boy to his mother, and committed the prison to Horsenionger-latmgaol for want of bail, for his ap pearance at theSessione, to answer for theoffenee which he had committed, and for his keeping the peace tomb his child. On his way to gaol, such was thefeeliag of the crowd assembled round the of fi ce , that h e nartente escaped personal violence. LONDON NA lIKSTS, Mr. it, • - market has COTTON.—The been exceeding ly for sonic weeks past, and we have at length to gated small depression in the prices; Surats of last sit hu been disposed of at a decline of Id. per lb. on Wet India-House sale prices ; Bengali have not bees tralist any reduction, yet the previous prices could sot.bet tained. The accounts from Liverpool this uwiliq state that market exceedingly heavy, but the prieesegs not lower. SUGAR —The demand for Muscovades this enk has greatly improved; the good and fine Sugars Wit be stated Is. a 2e. higher; the inferior browns us it more request, prices a shade higher have been obnisd, sod there is every prospect of a further improveuest is Surs. The prices ly h been exceedingly dr pres ga sed : the stocks on atel hand ave are inconsiderable. The Refiners have evinced some anxiety to effect sales pre vious to the winter setting iv a lower prices have is toe sequence been.submitted to : the shipping houses bate purchased considerably at the very reduced rate'. i considerable parcel of Crushed Sugar has been repuild to be contracted for spring delivery at prices higistikia the present market rates. The Refiners do rot ger inclined to enter into these contracts, owing to tore sent very low prices of the market. T he public WI Havanna'', 179 boxes, went at prices Is. 21.101114 yellow 255. 6d. a 28s. 6d.; 126 chests Brazil midge low rates, rev and ordinary white 28s. a 301. lifilotrim COFFEB.—The public sales of Coffee beeigbilit' ward this week have been inconsiderable; des have been fully maintained : at the public sale Mewl. fair quality St. Domingo in casks sold at lOUs. and 1111 s. very . ordinary 985.; good io fine emir Jamaica extensively 102 s. 6d. and 'Ms. FRUIT.—The arrivals of every description this wei. has been considerable; new Currants and Tarkey arc expected to begin landing in a day or two; too very large public sales have been broughaorwardi col" slating of new Spanish Figs, Prunes, Fre e and Muscatel's Bunch (the fin?st cargo that lolrr ,le a seen at market this season, and sold briskly" at prices): yesterday three cargoes of new MOW° Valentia Raisins, quality tine, consisting of 111110% about one-third appeared to have sold at boxes and.looo half-boxes, about half sold 625. a 655. per cwt. The sat RUM, BRANDY, end HOLLANDS7,_,.6--- for Rum by private contract has b een conziooraw"..„. market may be stated firm, and prices, aissr, The reduction in the rate of rent at .tibe 1 111 "' warehouses appears to give great firmness le& and will probably induce speculators to putcliti ll The as they can vow hold them at a reduced expense' pnblic sale this forenoon consisted of 141 tbe Jamaica Rum, of au uncommon good V`"° ear Oat' strength quite unprecedented; one lot, 45 1: * se i over proofs sold at 3s. ; average 45 poc yees generally strong Rums are higher. Brandies hyp o in more request, the prices are Id. a d. P r higher--llt Geneva there is no alteration. TOIS A ta .s'.. 1--.. ..,.i for Tobacco E I • 14 he , I he bigher•lP ealineY4 lIIVI - 13 as ... • ... . ...._ Towicco.—The demand for Tobacco Cou"'7-6 general avid e*tensive ; the purc hases are at 0 0 shade higher than the bite advance of Id. per 1b....... 71a. TALL OW.—The Tallow market is exceediegi/00 and purchases have been made 6il. below NO quotations. The town market is the sass as Itair k 465. 6d. , __----------".... ..., MARRIED. 1110 01. On Tuesday lest. et St. A lhaft'6. WW" 1.114 40 el Edward O. A. Beckwith. to Elizabeth Jose,. 0• 1 1 J. Hanbury, Esq. of Laytomtene, Esses. ' 0 ; • DIED. • . EdAwteardrigh6:44l'ewolool. ofWßetodelllrwdertYC(nimagateto.e.tfreti* r .. On Thursday last, Mr. V. Sells, of Esolside , aged 14. - , London : /Allied, ['tidied, au') • Wished 11 tt i " Till STAITIONAP:" and .', lipetiozorrrultlerwo, • Paper). No. 194. Strand, 6W:orate-St. CleclevisOi, by It - No. LL.B.. to %Isom addrosir ell Orders, &c. are requested to be • . .... _ .....,,,,,,,,..... .-... ....-----...:•••: -A-- •-•'- . -.— , M f / ~, i~ syri 1 I\ I i li