The Statesman. — London, England, 1821-11-12 00:00:00

~T~ 0 . A LAIr INTELLIGIIIMCE. COURT OF CHANCERY, Nov. 10. MR. TRELLUSON'S WILL. ODDT V. THE IMHOF Or NORWICH. The LORD CHANCIILLOR immediately upon his com ing into Court continued his judgment in this case. lie adverted at some leogtb to the remarks and opini ons of Lords Loughborough, Alvanley, and Rosalyn. and expressed on various occasions, when the con struction of Mr. Thelluson's will was discussed. The conclusion to which be bad brought his mind was, that the property bequeathed by the testator could only be enjoyed by a male descendant, through a male line. The gondola which had been submitted to his decision was certainly one of the highest importance —the most important he bad ever contemplated, and /sappy should he have been if the duty of determining it had not falleh upon him. Considering, however. the nature of the question, be thought he was bound in justice to use his influence for the purpose of giving him the benefit of an appeal to the House of Lords, where proceedings would take place, and where ques tions could be put and resolved, which could not be done in this Court, consistently with its established rules and practice. He was aware there were many persons who bad said, that au appeal from the Chan cellor in the Court of Chancery to the Chancellor in the House of Lords was a mere mockery. Those who were actuated by suet a notion. gate very little proof of the correctness of their judgment. For himself, 'he was now approaching the period of his natural life, and although, during the course of it, be bad been hampered with doubts and difficulties, which men of stronger minds might not have entertained, yet there was nothing be bad ever held more disgraceful than consistency in error. The suitors, who had submitted their interests to him, bad uniformly bad whatever benefit they could derive from the most anxious and careful attention he could give to their respective cases, and he would assure the plaintiff, in the present instance, that when his appeal was brought before the House of Lords, it should have his most dispassionate consideration. COURT OF OF KING'S BENCH, BATURDAV. WILLS?? V. UMIKETT. TMs was an action brought to recover the value of a horse which belonged to the plaintiff, sod which was charged to have been killed by the negligent driving of the defendant. The defendant, who is a coach pro prietor, was driving his carriage through the town of Lichfield, when he met the plaintiff's servant, leading a horse that be had been taking to the farrier's. The plaintiff's horse, being young and high bred, was alarmed at the rattling caused by the defendant's ap and began to plunge violently. The defendant perceived the restiveness of the animal, and the ina bility of the servant to hold him : be drove, however, straight forward; and the horse throwing himself sod denly round, came In contact with the pole of the coach, which entered his .lank,' injured him so much as to occasion his death. The , eause was tried before the Lord Chief Justice at the last Anises for the county of Stafford. The Jury found a verdict for the plaintiff. Mr. TAUNTON Com applied that the verdict should be set aside, and a Wet-trial granted. The Lord Chief Justice would recollect that at the time of the trial he bad told the Jury that he thought the defendant ought to hate polled up his carriage, when be saw the plaintiff's horse approaching; and that he bad di acted the Jury, if they were of the same opinion, to find a verdict accordingly. He (Mr. Taunton) now humbly submitted that his Lordship's direction had been wrong; and that such a doctrine ; if adopted, would be attended with great public inconvenience, from the delay it would occasion to travellers and casual passengers. The Lone CMS/ JUSTICIII remember, Mr. Taunton, that I told the Jury that I thought the coach man ought to have pulled up. I have since considered the case, and I feel that I was wrong : I ought to have told the Jury positively, that the coachman was bound to pull up. Mr. Justice Bavvey and Mr. Justice HOLROTD con eerred.—Rile refused. "TIMMINS V. 111100 MIN. Mr. SCARLET! ;moved for a rule to show cause why ' the inquisition of damages in this case should not be set aside. He moved this, not only on the ground of excessive damages which bad bee. given in an scdoa of assault, but also on the ground of the particular circumstances under which the question was brought to trial before the Sheriff's Jury,as well u es account of some circumstances which bad occurred in the course of the investigation. The Curt! JUSTICE.It is an action of assault; what were the damages? Mr. ScARLETT.--Bight hundred pounds, my Lord,. .11r. Brogden, the defendant, was a manufacturing jeweller, a gentleman , he believed, of fortune, wen karma aitd reepseeed by these who were engaged ik the same bullion& The Cuter Joartcr.—Where was the inquiry exi• cuted ? Mr. Scannarr.—ln Loudon, before the Secondary. The Learned Omitlessen, ,in continuation, observed., that be was anxious to submit to their Lordships this, evidence by width this ease bad Wen supported; for it would appear that 'be jury had given their verdict, 'upon the evidence which bad been laid before them, but upon a notion that the defendant maths' to call witnesses to answer all the imputations which been- cut open him in a very eloquent and . .labors speech which bad been addressed to them by the Counsel. for the plaiatillf; and which they appeared to haven assumed as feels. The Learned Counsel proceed ed:es state the partfiselars of the assault, as sworn to ia affidavits. The Alma, lumens--Take a rule to eliew cause. Bregden mete to make an offer of compromise. but•Mr.-Stephens would not accept of any. In cob- , vignette* of. this refuel the proceedings went on, and dl r. B. having suffered judgment to go by default, net wishing in pet the plaisdif to unnecessary trouble. tte Writ of Inquiry in question was executed. It miff wow be necessary to state, that or that inquiry, wk. Brogdets bad no counsel. He made no complaint et this, as the attorney was a gentleman of considershke' respectability aid talent. add was not informed, that Oeuasel Was to he retained on the other side. until It was too late to 'apply the iletieleacy, When the care ass stated before the Jury, it was *stet, with grefit TW ST, eloquence, and with considerable skill and higeanity ; but all the circumstances Were aggravated. It was expressly stated, that no offer of reparation bad teen made. This vs not true, as the letter to Mr. Lam bert would most distinctly prove. The Cuter Jorrlca.—l think you have stated enough, take your rule. Mr. Seawall. was desirous of stating another fact. which he thought not unimportant. The Counsel who conducted the plaintiff's case (Mr. Phillips) stated in his address to the Jury, that Mr. Garland, the Clerk to Mr. Brogden, was present at the whole transaction ; and that if he overstated any part, the defendant might call that clerk to contradict him. Bat the Learned Counsel did not venture to call Mr. Garland himself, although subpanaed on his behalf, content ing himself with calling Mr. Taylor alone, who saw nothing of the assault, and who could only describe what had occurred subsequently. It was also stated, as an additional aggravation, that Mr. Brogden re mained brutally insensible to the situation in which the plaintiff was placed; whereas he had made fre quent inquiry respecting his health, and expressed the strongest anxiety for his fate. The Cams JusTice.—Take your rule to spew cause. LIABILITY OW COACH PROPRIETORS. Mr. &ARUM` obtained a rule against the decision of the Chief Justice in the case of Horne and Hell, by which it was held that the printed notices given by the proprietors of stage-coaches not to be answerable for packages above the value of Si. is sufficient, unless the parcels are entered and paid for accordingly. HIGH COURT OF ARCHES, DOCTORS' COMMONS, SATURDAT, Nov. 10. [Before the Right Hon. Sir Joan limn, Judge, dee. ON ADMISSION OP ARTICLES EXHIBITED AGAINST • NE. VEREND DIVINE OP THE CHURCH OF ENGLAND. This was in the nature of a criminal proceeding, in stituted against the Reverend defendant by sendry per sons, his parishioners. The articles, thirteen in num ber, charged him with habitual drunkenness and gross indecency in repeated instances, to the great scandal and abhorrence of the whole parish. The chief of the articles admitted by the Court (after hearing arguments of Counsel as to their admissibility) were, the charge of his coming to church to perform divine service in a state of inebriety from excessive drinking and intoxication. Also to a Vestry meeting at the parish church of —, where be officiated as curate, particularly on the 24th of April, 1821. so that he could not take•the chair. His expressing himself In private conversation to a respectable parishioner. named Evans, with great indecency:—" Give me a good horse and five shillings, and I will ride to H—II and back again in two days, against the whole parish." His having taken upon him, of Isle own authority, to change the hour of church service from eleven to twelve, to the great inconvenience of the majority of parishioners; and next, his reading the church ser vice with such rapidity, as to make it utterly impos sible to bear distinctly what he said. Sir Joust Mows. bersobserved, it might or aniglit not be shown, that it rested aritts-ehe clergy/wet* ap point his own hour. He was of opinion that Mu a matter which rested with himself. If it was found inconvenient to the bulk of his parishioners, they might complain of the isconeenienco to the Dispose,. With respect to the artiste a hiffiltall and drinking," the Learned Judge thought if several in stances could be proved that would bear eat the offence charged, and this article was admissible as couthlet highly indecorous In a clergyman in holy orders. the Court would credit or discredit the evidence upon the whole of the case. With respect to the language made use of to Mr. Evans, that certainly was an in decency of expression for which a person of his , call ing was subject to be admonished. The eleventh ar ticle charged conduct of a still more criminal and scandalous nature; namely, that the defendant, Losing a certain pupil in his house, a young geodes's& be tween the age of 14 and 16, suffered the said pupil to lay in the same bed with himself and his wife. That this was publicly and repeatedly witnessed by servants, and by every body in the house, and was notorious to an the neighbours, to the great scandal of religion , and morals. That be suffered the said pupil to go to bed to his (the defendant's) wife, and to lay is bed to gether, both being naked. That such had been ha bitually witnessed both , before the said pupil west to the university of Oxford. as& after. Isis return from college, where he remained three years, sp to 1816. Objections were taken to. the admissibility of this article, on the ground that it rested upon the evidence of servants, who, it might be sbewc, were discharged for some misconduct, and therefore it might appear had invented this scandal from motives of revenge. The Jesse was of opinion this article should be ad mitted to proof, when it would be for the Court to dr terabits the degree of credit to be gives to the wit nesses. There was this difficulty attending the ad mission of the 11th article, that it sobjected two others, the wife and pupil, to a charge of adatery ; lad it was doubtful whether The adosieffisa *old or •geeeti not snake these persons parties to this proceeding. Then whether they might be made parties to this, dot being a spit of adultery but of misconduct is the cler ' gyman. This article, however, went to charge bjghly eriining and indecent conduct in the defendant, In his being the pander to his own dishonour, and she dis honour of his wife; and should therefore be admitted to proof, The thirteen articles were all admitted, with tie ex ception of certain modifications for the sake of tech ieal form; which the Court directed should be re in those respects. POLICE. Outuntm....—Saturday no less than 18 individuals were brought up on charges of felony, and riglo-114 other offooces. Among the most interesting are+. SPEW yerrii, who was folly committed farkrisi for,eteaiinga watch from W. Porter. farrier-244r to the (Sth ifttssars, in Bridge-street, while he had his hand ton bit fob, as the Lord Mayor's procession wu passing on Friday. Two bays, named Miller and with picking a woman's pocket the procession eru passing St. fell en the, mond. and the wonsak, discovering her loss. Aldrrosin !Fait, time ivith an admonition, ressariking known saverat innocent persons , haunted; and narrowly, escaped TESM - . aioilae cams Wiiiiifiiiproperty was not toned oi party, and the person robbed did not a pp ear ; anti in such eases it became the Magistrate to act with ex treme caution. Thomas Clark, a respectable looking stout man, was charged with attempting to commit a robbery, while the procession was passing, on a gentleman in Cheap skis, who, haring his hand on his pocket-book, felt the prisoner's finger, and immediately missing his watch, secured him, after a stout resistance. Alder man Waithman said, when he saw persons so dexte rous with their fists, be always suspected they belonged to the Fancy, and asked the witnesses what they thought of the prisoner. They answered they did not know it, if he was so; but they did know he had the best of them. It was not thought he had taken the watch.—Committed. Joseph Benjamin vu committed for stealing a gold chain, from the neck of a lady, while standing on a chair in the door-way of a shop on Ludgate-hill, when the Lord Mayor was going to take water. W. Wright and S. Barkley, two boys, for snatching a reticule from a young lady; and John Hardy, for stealing a handkerchief, were committed ; and several others were discharged or remanded for want of evi- donee. John Oakley, a porter, was committed for robbing his master, a hosier in Milk-street, of four pair (AI stockings. His master observed him go to the cellar, found the stockings concealed there, and on charging the prisoner with the crime, he confessed it. The pro secutor said he bad lost property to a vast amount. R. Collard was brought up in custody, and Charles Crowder, a person of some notoriety in the police an nals, appeared voluntarily, to answer the complaint of the officers. It appeared a gentleman was rubbed near Bow Church, during the return of the procession, and the officers seeing Crowder and Collard coming away stopped them. Collard was soon released by his com panions and went to the assistance of Crowder, who got off. Collard, however, was again taken, and safely lodged in the Compter, in spite of a bold at tempt to rescue him. The officers swore to an assault committed by each of them ; but it was wished to get them committed under the Police Act. An attorney, who attended for Crowder, objected to this course, and a long discussion arose on the construction of the Ist and 2d George IV. cap. 118, be contending that the evidence of bad characters being merely together, if they were nut attempting to do mischief, is not suffi• dent. The Ipw did not permit a man who bad been punished fora crime to be upbraided with it, and therefore it could not be taken to say persons who had committed offences should never again spew themselves is the street, and could never be reformed. The City Solicitor and Magistrate decided however, that note -does characters, as these were, being in a crowd, and resisting a search, was sufficient ground for presum ing they had, or bad intended to have committed crime.---They were both committed as rogues and va• kiphands till the Sessions. r 1110W-STRUT:Mosee Levy, a notorious deter, Lass fully committed for trial, for a fraud on a =Gary um. gamed John Mow. The prosecutor had lately come from the country In the hope of "bettering his fortune," and as he was carelessly sauntering along the Strand, on Thursday, he saw the prisoner, dressed in the garb of a sailor, fa end by a Jew, mho appeared earnestly prevailing on the sailor to take 81. for his watch. The prisoner rejected his proposal. and " jawed" him for following him, bat at the same time winked at the country man to step on one side. The foolish fellow complied, and was thea told by the prisoner that be had given four teen guineas for his watch at Liverpool, on coming on shore, bat having ran aground, and being about Up leave:Ragland, bewsated the " brass" to take him to bit ship. The Jew, be said, bad offered him 8/. for it, bat the Jews were such a set of rogues , th at he &oral he should receive half bad money fog it; and concladei by offering it for five pounds. The country sae agreed that a fourteen guinea watch for live pone& must be cheap, and, without hesitation, gave the money; and, on having the prise inspected, its value was ascertained to be about 30s. By diligence he pro cured the apprehension of the prisoner, and the teeth, we have above stated. A WATCHMAN Suarasoce.—ln consequence of the statement of a young man who had had his trunk broken open on Wednesday last, it appeared that there was some understanding, or at least some intercourse.' between two suspicious characters, of the names of Terser and West, and a watchman of the name of Ro binson. Mr. Minshall suspended the latter for the pe riod of one mouth, ander the provision in the new po lice Act, empowering the Magistrates to suspend or dismiss watehasea on sufficient ground'. HATTON-camas.—SaNarday, twenty-six men and state,* women, fees the parish of St. Luke's., Old street, ehargod with disetderly conduct, were brought up in lots of six sash. Pear young men out of the number, who gave a uldsfactory account were dis charged. Sin were ordered to find bail, and the re amiaintela belsorinteogniwed by the officers as 're puted thieves, were leiteaced under the Police Act to Aim mend* Itaptioeaureet in the House of Cottre ll**. Two of the wares were discharged, and the I remaining (menses wars nonweitted for various periods, sane less than a forliciekt. Among this nut bfr was • fellow named Wm. Herbert, who has only returned .•bost twelve *oath* age from transportation. This edema= immediately on his arrival in the metropolis, proceeded to regularly organise a young gang of pick pockets, many of whom, we are terry to add, are the children of repstable paresis that be contrived to se Alice from the paths of virtue and honour. Indeed live or six of the latter are now lying in Newgate, under the heavy bat just set oohs of the law. The custom if this fellow was ee take his station at the comer of .aikreet.."ln a large thoroughfare, while his juvenile gang, of Ala he was Captain. prowled in the vicinity 1 for their prey; mad en's', of them succeedingin pick. far a pocket or robbing a shop, the swag, i. e. stoles prof/it', was instantly brought.to him. Some of these *flows were discharged on procuring good bail, but lie NON/rieee Herbert and fatness others were com itted to the New Prison. Clerkeowill, for trial at the fen erile ce le ige W ra b it t e li H f o a rt r e ld t - r a e r et s eeandit to t her Prl there seised 30111 114 other fire-works. Mt. HARMERi on behalf of the fendant, contended that thisaineviedl, that efiycedl the defe dnotprov aile s the charge in the information, namely, mode and caused to be made the articles in who the possession was no evidence of the nianttfeetarier ; that if a conviction were to take place on this teed.' many, any gentleman who might have fireworks hew in his possession, although be had purchased aid iik tended to nit them for his amusement, might An. equal justice be amerced ; so also might the peep& tors of Vauxhall Gardens have their fire-works selied v and be fined as the makers. The Magistrates, ow some consultation, stated that they considered the Toy tion involved in some difficulty, and took uldll etif Saturday to deliver their judgment. UNION•HALLo—aINO O. FARLET:Mr. Jolla hp, ley, oil and coleurman, of Windmill -street, Hayrueb t , appeared at this office, to answer to an informali t y, charging him with having in his possession a queath? of illicit spirits, which had been unlawfully reso i g having paid the duty of importation; for which I t was subject to the penalty of 1001. Robert Whitaker, an officer of • the customs, wee% first witness. He stated, that on the morning Mh o 6th inst. be was waiting at the Bricklayers' Arno, la the Kent-road, and saw two coaches arrive Is lowa, one from Dover, and the other front Deal. It was tween five and six in the morning. The defeatism% ar rived by the latter coach, with a portmanteau, sad b ee mike which resembled casks belonging to palettes.. From their suspicious appearance, he asked the &Indult what the contents of them were ? The defendant had got into a hackney coach when he asked him tholes & tion, the two casks having been previously pat iota the same coach. The defendant replied the casks sm. tained oil colours, for painting ; and he said be wield chew him his mirth° convince him that he Was a pais* 'by profession, and resided in Wiadmilt-street, is the Haymarket. The witness then opened the casks, Ha found 'that they contained foreign spirits. He told the defendant that it was strange sort of colons., and each as he should seise. There was the name of Scarlet/ es each of the casks. Ile asked the defendant he he accounted for that name being on the casks; ad he replied that it was of no consequence ; that he bad been to Dover, and brought them up with him. The casks were deposited in the Custom house warehouse. There was another gentleman in the coach with the defendant. Ile (witness) asked him if he knew my thing of the spirits, and he said he did not, for Imam by another coach. The defendant insisted that there was not endears sufficient to convict him of the offence. Ile declared that he never said the spirits were his, and that their former would, no doubt, have charged theother gentle man with the offence, had he obtained his address.— He called upon the Magistrate to dismiss the Worn& tion. The Magistrate said, that be gave credit to these& of the Custom-house officer, and'convieted the dotted ant in the penalty of 1001. bat mitigsting it to 501., which thedefendant agreed to pay In & fortnight The Surrey Theatre was thrown into great mule sion on Friday evening, during the time Mr. Bemmegi and Miss S.Booth were performing in the most left* log scene of iferiette, by a fellow who threwaa tglle with great strength from the gallery to the stage. Miss S. Booth most narrowly escaped feeling the ernes( its force, the apple having been shattered into pith at her feet. Mr. Bengough immediately came forward, and offered a reward for the apprehension of the Asia. Smith, the officer in attendance, proceeded to the opt and secured the man, but not till after considetille difficulty in preventing the spectators visiting the este artily action with a summary punishment. Os heist brought to the office, the prisoner said that he had pat• clued the apple in the Theatre, and it being sasesedi he threw it with an intent to strike die man from when he had bought it, but that he had missed his ale, and it passed on to the stage. Oa his making an spoke to Miss S. Booth, Mr. Dibdin, and Mr. Bengeagh, it was discharged. morning, a female of hisi• some person and graceful figure, dressed in a fashion. able style, and having the manners of a well-edecatod woman, entered the shop of Mr. Bennet, linmsdrar and haberdasher, in Parliament-street, and asked tow some of the newest fashioned cloaks ; after ersolnial a number of them she purchased one and paid for IL On her expressing a wish to see the procession of the Lord Mayor's show, Mr. Bennet said she would bare a good view of it from his house, and if she woili walk up stairs his family would condnct her to one sf the chamber windows. She thanked him for his Fil• liteness, and after tbe procession had returned 111 water, she tame down to the *bop, and said that $ Bennet's treatment had been so very handsaws, tbet she would purchase more goods. She looked " g valuable shawl, a piece of muslin, and some stockish and said she would send a person with the mosey for them. Oa the lady leaving the 'hop, a silk *IA and a quantity of muslin was missed; sespiores. fe ll upon her, and she was brought back. and a im ", while Mr. Dovenport , the constable of St. %gal s '? was sent for ; on her person were fonnd the slant. muslin, and some stockings, and other Par t !' which slot had conttived to conceal abuse her pew . She was taken to Queen-square, anti traria/4i ea St' turtlay. She is the daughter of a respetahle sand man —She was committed for re-examinatm a oa a future day. the Sit ins.—Saturday an Inquest w as p. ag King's Arms, firm liath.street, Clerk 'ravages Stirling, E, Coroner, o n the blidy s:lawn& ImfG re Hinds., who couttatitt sq. ed sui%lALlV.titrowi ll ie ant of the window of tim houstaa which he 1 4 4 0• "" Verdict—lnsan ity BIRTH. Gr O e t: n th . 1 :51 5th ., h tn is sta m n a t i . ei a t t y :a c r onsa ls. t i h ottaers e lady L o op % 1 140 1 6. op t i l a daughter. DIED. &Ad lieeli At Shrewsbury House of Industry. Where. be WINO 0 g a about twenty years. Richard Chester. Woof hi. .. the 710th ult. it Wppears that a prop ert y , 1111 ‘," T 1 ral tbonsand pomade. bad been left hint t ti , " 1.-- ago. and that a wiliest* of hie dea t h lo LOodon. in order to e dbetantiate the c+i ill fiery. too rotelva the istoileY- a Lo*dos 2 ORM. Printed. sad Piroiisfird It " Tilt VIIMPItite " k. (%)11,4TITUT141§ (011""'"' Paper). N. VW Suva& opposite $l. Cassealio Cowl. it WARDELL. 11. L. 111.. %Wl* ill C • Gedesa,44. ate ratuestat- tar adesewd.: . _. , num • 'citi the of Ps Pe an sr • so of /a ac la 111 at fr ii .11 -r 4 I , • I twitted to the New rriooa, vieraeoweit, tor mat at the id Smith, wets tibtge4 &Wools. Aof &An - s o s a ce oblis BlaaLaasoutto-wrattaw.—Mrs. Catherine Etheirdin ;. Nes. micriret appea red eo answer eto_om information ehatgleg .her .omen west s *Moult with !Paling titafiela t TlAtr star. iwjalbo.• aad a Waithassedisch got' itblr fire:waiks, 64:W4 'fit entn oI tatting eatW b 51: • Ptietit'aid miatievabri; iititett 'thit they . e f eat s h e h a d sad* to the' dap of the , liMiiirMe, Is ISI*I44IPi-istatket o id wee!. UNA . feast I* a box 61114•16 al ilit alitt s visadti