The Statesman. — London, England, 1818-08-07 00:00:00

r . 1 LAW 11 4 1.7'8.41.1GENCE. COURT OF CHANCERY, Ace. 6. the LORD CHANCELLOR this morning took his test at three minutes after nine, and gave three judg ments of not the slightest interest, except to the par ` 'ties concerned. EX-PASTE FIRKINS ) IN THE MATTER OP DIETER, A BANKRUPT. Mr. HART said, he had formerly mentioned this - 'ease of great distress to his Lordship, and its facts lay, as he thought, in a very narrow compass. The Applicant was a Dissenting Clergyman, possessed of little knowledge of the world, and much less of Courts of Law. His little all was embarked in the hands of the bankrupt, sod be lost it. He came he:. fore the Cominissioners, to whom it was represented that he was a partner of .the bankrupt. On this point he underwent a vary strict examination'; but his mind being totally confused, he was unable to :answer the questions with any accuracy. His claims to be a creditor were .of coarse rejected. Ile stated his ;Metros cue to hint, mod he (Mr. H.) feel. ing its truth and its importance, voiuntarily; without fee, advocated his cause. Would his Lordship think it proper to send this before the Commissioners again, to examine the case further? He could assure his Lordship that in bringing it forward he did se from a regard to humanity, and he would cheerfully sad gratuitously do Ali utmost to serve the poor an in any way. The Loen CHANCELLOR was afraid be could not do it, unless an affidavit wss made. What were khe means which this Reverend Gentleman pos t essed ? Mr. Mat said he had none; and he had further to say, hecould not provide a Solicitor, unless his Lordship was pleased to appoint him one. The LORD CHANCELLOR was ellll afraid he bad wet that appointment in his power, unless, some of the Gentlemen at the Bar stated to him, on a proper Certificate, that this was a case of such a nature as to require his granting the request. He had no doubt that any of the Gentlemen -behind the Bar would give this person every.assistance, on a proper statement .of the case being made before them by that Gentleman. Mr. HART was of course most ready to give his lusistance gratuit pasty to the Applicant, as he thought it 4 very bard case indeed ; but his Lordship was aware, that whatever he might do es a professional man, he could not in any way prepare the case, as a Solicitor must do so. The LORD CHANCELLOR thought that followed of course from Mr. Hart's situation. Mr. HART suggested, thet probably his Lordship , would allow the Secretary of Bankrupts (Mr. Pen . sani), what, diligence and very sound talents were every where acknowledged (and not more than justly), to write ,o the Commissioners, and make the ptoper enquiries on the subject. :The LORD. CHANCELLOR could have no possible objection, as he was sure Mr. Pensam would do so with pleasure. This was probably the better way of settling-the question. Mr. nuts.tm intimated to his Lordship that he ahnuld do every thing he could for the Applicant with the greatest pleasure.. Mr. HART.—I was sure you would. The LORD CHANCELLOR.--411PD you may mention this some lime to are before I finish the present Sittings. Mr. lh at.—We are much obliged to your Lord chip for your kind indulgence. The LORD CHANCELLOR.—Not at all. It is my ' I duty. The other business of the day was of no interest. The Bankrupt Petitions in this branch of the Court seem to be very slowly disposed of, as those in the other Court are quite the reverse. The important case of the Bedford Charity will be first heard to-morrow. STORES AND ANOTHER V. NICHOLS. This was an application for a writ to prevent the Defendant from leaving the kingdom. In 1815, the Plaintiffs and the Defendant agreed to send out the ship the Mary Anne to Sierra Leone, with a cargo, and the begirds of the adventure, as well as the pro fits of it, were to be equally shared between them.— A Captain was appointed for the ship, but the adven. tars was conducted entirely by the Defendant, who kept the accounts, paid the debts incurred by the ship, and received the produce of the cargo. The ship went to Sierra Leone, and returned in 1816 ; and the Defendant having finally arranged the ac counts, nothing appeared upon them due to any of the partners. The Plaintiffs, however, made oat an account, from which it appeared that the Defendant owed them 2591., and this balance they stated on affidavit to be still due to them. The Defendant re cently declared his intention of quitting this coentry, and in consequence the present application was made. The LORD CHANCELLOR ordered the writ to be issued, and to be marked fur the sum stated. i Ats VICE-CHANCELLOR'S COURT. Atm. 6. The VICE-CHANCELLOR took his seat this morning precisely at a quarter past ten, and proceided to give some judgments. They were of considerable im portance to the parties, but not at all interesting ta, the Public. TILE LORD MAYOR AND CORPORATION OF LONDON IL, THE LORD BISHOP OP LONDON AND MR. BLOUNT. This case was argued at great length on a former day before his Honour, but the facts may be detailed in a few words. By an Act of Parliament passed a few years ago, a certain sum vralfgr,nted (150,0001. Ire believe) for the erection of sonew. .Post.office.— The scite chosen for that building wai it? St. Martin's le•Grand, near the corner of CheapsiWe. The Cor poration of London were the Plaintiffs, and the prq. prietors of the houses in that district were the De. tenants. The Corporationilloweverif were, it should be observed, merely nominal Plaintiffs, for the sum to be paid to the proprietors and lessees was ictually paid by Government, in virtue of the' recent Act of Parliament. The Lord Bishop of London had nine houses in that district belonging to him, not as so in. divides!, bat as the pro tempore holder of the See of London. These nine houses were consideied part of the ground which it was necessary for the new Post-office to occupy; and accordingly they were de. mended by the Corporation of London (the nominal THE STATEgMA N. Plaintiffs) for that purpose. The case came on to be heard before the Recorder and a London Jury, when the Jury were of opinion that the sum of 98951. was an equivalent sum for the purchase. In his address to the Jury, the Recorder had directed them to find the verdict so. Mr. Blount was the agent of the Bishop of Lunden, end the question now was, whe ther the sum iihould not be expended in purchasing new lands for the Bishop, he, at the same time, to have the power, as given to his predecessors, antiquo ju►e, to grant leases, with the usual reserved rent? The Recorder had held the leases of the Lord Bishop of London to be not binding, in a certain sense; and the agent of the Bishop brought this before the Court of Chancery; by a hill MO for the purpose. The Vice-Cuarrcmon took an able view ofthe facts of the case. His Honour then went into a long review of the provisions of the Act of Parliament, and contended that that Act, by the 23d, 27th, 29th, 30th, and 31st clauses, gave the Court of Chancery sufficient power to act in this case. The Act was a special one, and so were the powers it conferred. — lie thought, therefore, the claim of the Lord Bishop of London was fair and equitable, and must of course be granted. Let therefore the money be expended in purchasing to him new grounds (that is, for him, as the Bishop of the Diocese), with powers to grant leases ou reserved rents, as anciently aid recently done by the previous Bishops. He (the Vice• Cha ncellor) thought this the most equitable decision he could give in the case. There was a minor point of 2851. which had been paid to the Bishop, but this should, he thought, be repaid by the Rev. Prelate. Mr. BELL then stated some points (of however no public interest) relative to how this would be settled in event of the Right Rev. William Howley, D. D. the present Bishop of the Diocese, dying. The VICE•CIIAUCELLOR— That, Mr. Bell, is a question on which I am uot now called to enter. — The question, as a mere point of equity, will lie be- tween the present Bishop and his successor, but I am sure you will not expect me to touch it. It is not oow before me, and therefore do not go into it. Here the case ended. Hie Honour having gone through the business of the Court, will adjourn to. morrow at three o'clock, and on Saturday morning he leaves town for Dover, being then to remain for six or eight weeks on the Continent. This is the earliest period of this Court rising for many 3 ears, and proves the remarkably improved dispatch of bu siness. 7. The Lori Cbarteellor sits till Saturday, the 15th. ~ p ZiErrat e lTLE ASSIZES, Alla. 3. , I GUILDHALL. Mr. Justice BAYLEY sat here this morning, in order to try both civil and criminal cases for the City and County of Newcastle. There are only four Prison ers for trial in the City Jail : three for burglary and thefts, of whom two are husband and wife; and one for petty larceny. Ilia Lordship expressed great sa tisfaction that the number of Prisoners for an entire year was so small. There was nothing peculiar in the few cases to he laid before them. If the wife I should appear to have acted in the presence of her husband, the law presumed that she acted under his controul, and was not, therefore, to be tried as a free agent. The Grand Jury 9000 found true bills against three; against the wife they found no bill fur the burglary 'and theft charged. The.three were sr raigued, pleaded not guilty, anti are to be tried on Wednesday morning. There were four moles entered for the City, which were all disposed of before 12 o'clock. They were 111 quite unimportant, unless the following be entitled to some importance from the extreme insignificance of the original sum; for which an enormous eipence of litigation was incurred. Lordship, in summing up, laßletited,-that ne cuun. not find any gronod of doubt in the evidence,. and suggested m t e o n t d h e h i J m u r t y o , m a e s r t c h y e . o n ly i‘he thing ary left .bt iand t o a them , ter diet of Guilly, , hot recommended Ma!' to , mercy in consideration of his youth and former glind character. Mr. John Lambert also strongly recommended him to mercy. The Prisoner's unhappy father sat in Court during the trial. William Clark, aged 37, a well-dressed man, and apparently superior to his imputed ,profession, was convicted of stealing 20 dozen pairs of stockings, from Royston, a carrier, the property of William and John Turnbull, stocking. manufacturers, in Lang. holm, North Britain. The Prisoner was found to claim some stockings, which the Ternbulls identified as theirs. But the principal evidence was Naylor's, an accomplice.—Guilty. CIVIL. SIDE. In the cause list there are 16 causes, three of them for Special Juries. There was nothing interesting to-day. The Court was occupied from two o'clock till seven with the folloWing rather curious case :-- BROWN V. J9IINSOS. The Plaintiff, who is brother•in-laW to the De fendant, claimed payment of a bond for 1601. exe cuted in 1781, and interest from that tithe, making in all 3201. For the Plaintiff it was urged, that the bond itself was quite clear, that snendo.rsement upon it in 1801 proved the payment of interest that year, and that the Defendant, a man of 84, ackpowledged to the clerk of the Plaintiff's attorney, on 'hues.. day last, that be had never paid it. For the De fendant it was contended, that it had beep paid, although the distance of time made it impossible to show when it was paid. The endorsement was a fabrication ; it . happened to be so dated, that it was nithin 20 years of the date of the bond and of the (late of this action ; but it was not writ ten in 1801, for a copy given to the Defendant by the Plaintiff since the action began Contained it not ; further; it referred to an accoent whichespessed nothing of interest, and could not . iny ray pep°. nected with the bond. As to the pretended adMis sion of the Defendant, the Jury were to 'consider that the clerk had gone to the Defendant's house on pretence of subpoenaing his nepheiv, *horn they did not call, but in reality in order to purhp a confession oat of the Defendant. Neither life nor property was safe if evidence like this could be received. But the Defendant had only denied that he had ever signed such a bond, and with the belief that he had not, a want of memory not surprising in a man of 8), he must have said that he had never paid it. The strong. est circumstance, however, was; that the Plaintiff had never demanded payment till 37 years after the date, while he was so poor that he was supported by the parish, and while he lived for many years on the worst terms with the Defendant.' Messrs. Serjeant HOLt.ock and v OLLOCK, for the Plaintiff, and Messrs, SCARLEIT and RICUARDSON for (he Defendant. Verdict for the Defendant. ..:`~:+. IL- CORONER'S INQUEST. •~ An Inquisition was taken •on Vi'ednesday afternoon, before T. STIRLING, I sq. which fated from four o'clock till midnight, at the Hog in Armour, Great Clerkenwell, on the body of an illegitimate child, the daughter of a woman named Ann Londe:, alias Watts, which evidently died of neglect, After several Wisne*A.s were examined, The mother of the deceased was called, and the CORONER told her that if she chose to'give es idenee, she,anight ;-bet she wits not bound to answer nny tine-tion which would , criminate herself. She, therefore, declined giving evidence. . • - The Comment; summed up the evidence.ke Said there could be no doubt in the minds of any who had heard , the evidence, that the deceased had been treated with very gross neglect ; but they should consider whether it was from the wilful conduct of its mother, or whether it was inertly frotis her ignorance how a child should be attended to. ,‘ If(said lee) you find that the de ceased Died from the wilful neglect of its mother, that verdict. will amount there has been some degree of neglect, though not With the wicked wilful intent to destroy the child, .you will more pro.. perly return a more indefinite or qualified verdict, and no doubt the parish will consider this case a tit • r..re t.ir a prosecution r.hen they are in possession of the evidence, and no verdict of your's will preclude the punish from instituting a prosecution against the mother." The Jury after one hour's deliberate consideration gave their presentments severally. eight found a verdict of " Died from the cross neglect of its Mother;" and five 'monied a verdict of " neglect against the Mother;" after further consulta tion the following verdict tea.: unanimously returned The death of the deceased was produced by the gross neglect of its mother." .111.4 RICE TS. CORN EXCHANOE, Ayr:. 7.—Wheat trade beaty nt lower Shea "is fllond.tv.—Onts 23. dearer.—li Barley, and tither articles no alter/alien. lIMITIIFIELD MARKET. Auc. 7. . To flick the Oral, per stone of Slos. Beef ....80. Sd. to 4s. Rd. I Head of Cattle thls dad t Mutton ..4s. ot. il. 5,. 04. Beasts Veal ... ss. Od. to ss. 6.1. Sheep and Lamb....... 8,60:1 Pork ._.54. tut. to ss. 64. Calves Lamb... sa. Ut. to 68. Od. Sri.) HAY-MARKET • - Nov .—... hl. Ox. ed. 1., N. NI. Ciwer Ui. N. to I. 0:1. Straw it. Co. ed. t.s 10, ud.• The single State of New York is represented by the Washington Gazette as giving full employment to 1271 lawyers. M. IVIONGe one of the greatest geometricians of the age, and a distinguished Member of the Fressc:t stitute, died a few days since at Paris, in the 70th year of his age. Ile was one of the men of science who formed part of BOYAPART'S expediiimt to Egypt. Annther case of drowning, attended with afflicting circumstances, took place on Wednesday evening.— Five young men were returning from Richmond, t wo of them got out of the boat to hatt►e below Chis wick, whets one named Jones suddenly disappeared to rise no more. His brother•in•law, a youth of 18, in getting out of the boat to endeavour to save him, unfortunately shared the same fate. They were re. opectable young men, who worked together its Water lane. The bodies were not picked up. The Assizes for the county of Sussex, held at Lewes, terminated on Tuesday, w hen seven Prisoners received sentence of Death, nemety—•Stephen Seal, Win.S'orrell., and Robert Jarrit, for horse-steeling Grarge Churn:an, for house-breaking; Jerentlah Wales, F. Aden, and 'l'. Standing, for burglaries. ICE Ist.Asters IN Tlt SOUTH. —Th. Albino, DAVIS, arrived at Amboy in 45 (toys, from North %Valets, saw June I lit to 18th, from let. 40. long. 40. to lat. 43. long. 62. upwards of 40 islands of ice ) many of them very 'urge. ..1 MANSTON-DOUSE.—;Mr. Nicks; the laidlord the Robin Hood public-house, Skinner-iireet, shopsgate, yesterday appeared to inseer the follie s iug complaints :-- Sansum, a respectable Ward officer Bishop, g a te. deposed that, at two, on the morning o f se'unight, he found upwards of twenty persoin drink. ing 'and singing in the 'Defendant's house. R e warned the latter of the con4equenCes of such El i,. duct, but no attention was Paid to him; and e a Sunday morning last, at the mane houri he found th e same number of loose and disorderly ch aracters. smoking and singing, end making a great disturb. once in the Robin Hood. Another officer said he had long noticed the troll manner.in which the Defendant conducted his Wile, Ile had forborn to lodge any complaint, in 0%1 6 quence of repeated promises of amendment from S u landlord; but the -house had at length become to had, as to be a complete nuisance to the whole neigh. bourhood. It was kept open at all hoar', in tha night; and thevery worst characters, whO had bes previously turned out of houses in Shoreclifeh, e ke certain of finding an asylum in the Rubin Hoed. The Defendant, with an air of the hint impadok assurance, denied that his house was at all disorderty ; and attempted to justify his conduct. The pe w " • spoken of by .Sansum were tradesmen, friends die friend, who bad met to enjoy themselves. He shoal, he added, do very well, were it not for the efitio wile'" pestered him to death." The LORD MAYOR.—'s You feel annoyed, I lg. `pose, because the, officers do their duty, and ' , mi te . your to put a stop to your scandalous practices". 'Stich men as you are the cause of more mischief to society than any other class; and are, in my opinies, much more deserving of punishment than many pew wretches, who never would he brought before a Ma. gistrate, were it not for such houses as the Rob% Hood." lits Lordship directed measures to be taken fords indictment of the house forthwith Bow-sYnEyv--resterday a number of persons sp. peered before Sir N. CONANT, Mr. Biiale, and Mr. SKETCHLY, to summonscs issued against them by Mr. Dew, the Churchwarden of the Parish of St. Clement Dane, for non-payment of Church Rath. Several persons residing in Change-court, pleaded their inability to pay, and that they could not pay the Poor's Rates: they also pleaded that they con. 0 sidered that many of the alterations and decorations of the church were quite unnecessary. The Church.• warden being called upon to produce his rate.book, it was discovered that the charges against the person summoned were not signed by the Rector of Ai Parish, according to Act of Parliament. • 11 . ATTON-GARDEN.—Yesterday, a complaint id * very serious nature was made by the Pro l .rietors of the t I stars Stage Coach, stating that about sis o'clock the preceding evening, as the Times serfs coach, belonging to Messrs. Salmon and 8011, wain its way from Paddington to the City, keeping oats Hear side of the read, and travelling at a steady rim, it was overtaken by one of Moris's opposilioa coaches, driven by James Parrot, who, le ender to get first, and to cause injury to the other coach and passengers, traversed • the gravel, to the - near side. .drove on the foot path, amt.-thee with a &miff! crash fell hom the high bank on board the Times, and did considerable mischief to the coach and horses, * and very much alarmed the passengers for their livet. The Magistrates ordered a summons to be issued for Monday neat. • Mr. J. Poynter, builder, Coleman-street, woo charged with taking a part of the foot pavement from bgfore a house in Red Uoe.street, Clerken. well, without having liberty from the Surveyor or Commissioners of Pavements for that parish. The charge being proved, the Defendant was Cntirktall ID the mitigated penalty of 51., which be paid dotwn. MARLBOROUGH•STREM—A young women sis charged with creating a riot, and collecting a mai, • round the house of Sir S. --, in Charlesistrni, I. Berkeley-square. It appeared that the Prisoner sad one of the footmen had kept company for a length d time, and he completely succeeded in getting possa sion of her person; after which - he deserted her, and broke all his former vows. The Prisoner, suspecting that his attentions were directed to some other obje c t, came to his master's house repeatedly, and kept %spa. continual knocking, till on one or two occasions it wail found necessary to send her to the watch•bouti... She was held to bail. UNlON•air...—Thur.day J. Smith and M. Isaacs were ear misted fur stealing a tome ' the property of Mr. Hoy, of Heir' nal-green. They sold thehurse in question nod tuts others 111, Mr. Ilarrison ; and Mr. Halby. of Stoke Newington, stated, that th- two last-mentioned horses were his property. and wrat stolen from his premises on Monday last.—Mr. Williams, d Bow.said he purchased a horse of the Prisoners on the 29thollas and a, beams driving it in a gig on the Stratford-road, sal. tleman stopped bias, claimed the horse cis his property, statidg that it had been biuleti (lulu bin, and actually rude of with** horse. . Catharine Doyle and Martha Bullock a ere ordere►t to be to prisoned one day, for carr)inf, ►parils into the King'. NO& Pri,on. both bring igoota►u that it aas an °Bence. Sarah Robin-on was charged by W. Spears, a amidst a ith roolobill, him of a silver watch. Moot eve month. age, Pri-oner was waking along the Clapham.road at a late hoar. *hen £he was overtaken by a heavy shower. The Proscenia: invited her into his box. Ile went his round before the weatlet Cleared up, and left the Prisoner in the box. ()n his return OW Wits gone, and a silver %nick, a hieh he left hanging on a lOW had disappeared. He never saw her agaia until Wetlands,' when he met her accidentally in the Hoorongh, and gave hero coosiody. The Prisoner Confessed that she stole the watch, wig was committed. On Saturday. at Derlta, as the Prisoners Isere returning to j..... after receiving their sentences, J ohn Pratt, a young nog 21 ) ears of age, (t•ntettced to transportation for seven years.) suddenly threw labia handcuffs, and ran away from the conga tiles in whose charge he theti was. near IStvet•bridge. Althosgh the alarm was instantly given, he ran through he market place, hich was mach crowded with people, and got clear off. DII.D. On the 231 or:t at lllellwond. Perthshire, Henrietta Anna Jane Young, only ddsghter Of John Yoting,jun. Esq. 04) the ht not. ou bentrd the brig Alicia. us sea, aged 18, Maria, youngest daughter of the Hey. Y rancis Henry Barker, Rector of North Church, Herts. On the 4th inst, at his son's home in Great Coratnotreet. in the 7Sd year of his age, Nathaniel Austen 4 Esq. of Itaangatet for many 'onus an eminent banker at that place, and Vice•Coe• sul for sevrtul Foreign Powers. On the Sd inst. at his Mouse, Tower-hill, Mr. Wm. Edatnat many year. a respectable inhabitant of the Ward and Paris h A Id gate. Uu the 5111 inst. at Greenwich, in his 81st year, John Wens D.. L"Ntleiti IPritsted iniePobilabeti by J). tne Bt4eViiiin Orrice, No. Vitt sbotrteert, Flret•sre,t. / , ~}~ ISM ,3 • f bTI • oil Ii c 1 * I S 1 r 1 I - w: - JOHNSON V• PEARSON. The Plaintiff, a priming-press -maker, had made a machine, called a punching-press, for the Defendant, for which he charged seven guine4s. At the end of a twelvemonth the Defendant paid 51. 2s. He now con tended that the machine had been overcharged, and that the sum paid was sufficient ♦alue for it. Mr. TOPPING and Mr. TINDALL. were for the Plain. tiff; Mr. RiciunesoN and Mr. ARMSTRONG for the Defendant. Several witnesses were called on both sides. dies for the Plaintiff—Damages 21. ss. Ver , COUNTY COURT. Mr. Baron WOOD presided in the Crown Court till the Grand Jury, Sir C. Monk, Bart., M. P., Foreman, were sworn. Ile then withdrew to the Nibi Prius Court. Mr. Justice BAYLEY came to the Crown Court about one o'clock, and the Grand Jury having found some bills, proceeded with the criminal trials. Of the seven Prisoners, two were admitted witnesses for the Crown; five only, therefore, remained for trial. James llindhaugh, a youth of 21, was charged with the theft of more than 601. taken from his mas ter's desk. On his arraignment, he pleaded guilty. hut the Judge persuaded him, as it wave capital of. fence, to plead not guilty. The following facts were disclosed in evidence :—On the 29th of April the office desk of Mr. Anthony Lambert, and Mr. John Lambert, his son, Solicitors, in Ainwick, was L forced open, and upwards of 621. were taken out of it. The lock was found in such a state that the key could not be turned in it, and on examining it a Small piece of iron, like the point of a nail, was found in it. The Prisoner had on the preceding day, borrowed a picklock from one Riley, which be re turned the nest diy ; his pretence was, that he had lost the key of his trunk. The point was broken of this , pirMock, and the point found in the lock fitted it exactly. The Prisoner, after he had been coos milted, told the cook in the family, that the mew might be found in a stone bottle under a broke stone in the yard ; there it was found. The number , of the notes had not been taken, but Mr. Lambert had previously given ten of those notes, whirl, were of the Bank of Eogland, to Mr. J. Lambert. Those notes he had taken from a sum of 200 notes, whose numbers framed a regular wipe. Upon looking at the remainder after the theft had been committed, a chasm WWI found from No. 1380 to 1391. In the bottle were found the intermediate ten numbers.— The Prisoner had been the eldir Lambert`e footman, and slept in a room opposite the office. The office was part of the dwelling-house. The best character was given of the Prisoner up to this charge. His • - u- -MOM ~,:. , ~..