The Statesman. — London, England, 1815-08-29 00:00:00

INSOLVENT DE87 7 64i nt , 11Uc. 28: PRICE AGAINST GREEN. Mr. PRINCE SMITH applied to the Court to be RI liberty to oppose. the Defendant by calling a witness to prove a fraud aoinst him as to 91. and also as to committed on nr. °Price, hit landlord. Green Itadoformerly applied before Mr. Serjeant Palmer, . when Price appeared and • oppoied him, and Ms. Serjraut Palmer in his notes Wrote that he WAS of opinion that Price's debt ought to be excepted. The • : Defendant did not take his discharge, and his Peti tion on another day nes dismisred,• no order being made as td Price's debt, except •the opinion so ex pressed. On Thursday last Mr. Smith stated these . facts and required time to produce the witness, the •• attorney having neglected to summon him, rel)ing on the note in Mr. Serjeant Palmer's book as a .;„ complete order. The Court then•said that it should stand over to examine the orders, but did not give - . leave t o cell wititesses. The Counsel now said that • he 114 d a witness ready to prove the fraud again. . . Mr. Por.LocA, for•the Defendant, objected to go ing into evidence non, and • Mr. Serjeant RUNNINGTON Paid that the Plaintiff • basing had 21 da . ssmotice should have been ready to prove his case on the first day. The Petitiorrbe. ing entirely on - a new matter the Court could ' pot now look to Mr. Serjeant Palmer's notes, and the Plaintiff should hart been prepared on the earliest • day. - At the lidos of the Court, Mr. Serjeant ltortstrxGron said, that it was ne. • cessary for the convenience of all parties attending . there to make some regulations for the future sittings • of the Court. The much-lamented death of Mr. •. -Serjearrtf Palmer happened on the 19th of April ;- on •• the 27th of May he himself received liis appointment en Saturday morning; nn Monday the 29th lie first 'sat in ('port, and commenced:- the hearings, which ;.;had lasted, with only . a little necessary intermission, the.presvnt time. ' Whert he undestook the oilier there urre 132 Petitions that had been appointed for hearing.by Mr. Serjeant l'almer, 283 waiting for or ders of hearing to be made by the Court, and in the country 178 wailing for orders, and 63 ready to he discharged in ihealiftf rent gaols, making in all 656 inses. Of this arrear every case has been heard and adjudgrd, and-not in auy one day have the cases been sulr,red to stand erier without hearing. On the 14th of 'June all- the cases that had stood over before Mr. Serjeant Palmer had been decided either by the Court of Westminster, or the Justices at Sessions. In set. Ling down the Petitions the Court never interferer!, 1! was left to the management 'of a most honourable, diligent, and impartial officer, Mr. Clarke, And the list was never seen by the Court till the morning on eetering oron the business. In this way 51, 46, and 41 Petitions were beard in a siogle day. Thus the business proceeded from the 21st of JUIIP till Satur day the 8•11 a July, harlot; disposed of every Poi. lieu befrretbe . Court, It was then the regular time for the Qiartor Sessions BA the Circuits, a•,,1 out of conserrieric,y to the Gentlemen of the Bar, vvlrose •. toort sn ee was neces.yro for (Ire assistance AS well of the prisodrers as of the plainlifis, a short rece , s was a'lnased to give those (; , -•:11 [omen at , m; n un:ty of • sr ;ending st the Sessions, w Lere indeed thoir ante bright be wanted for the couritry casz•s. On this t aarati - on . hoing over the Court sit and I)r:weeded to business, diirus,ing every case as it was entered iir the list, and leasing none undecided.„lt is right now to state for the information of those who practice here and of parties residing in the metropolis, at least what has been done. Since the 27th of May, the r/av of my appointment, 1102 Petitions have been of which 800 have been heard and derided by the Chief Court or the Quarter Sessions. The remaining 31)2 will come on to he heard in the course of the mouth of September, either by this Court or the se veral country Sessions. This dispatch has been ow. lug, in my own opinion, to the exertion of the dif ferent officers of the Court, without even excepting to 'mace the diligence and dispatch of the agents and parties employed iu the individual cases before nie. But in the midst of all this celerity of proceeding in Court there are other subjects to be considered which are necessary to the dispatch of business. Its vain may the Court sit from day to day and decide cases with dispatch, if the judgments and orders upon those ' cases are not drawn up afterwards with accuracy and caution. If the officer who attends the Court and takes the minutes has not time allowed to arrange the papers and settle the orders, all this haste will pro. duce only confusion. In consequence of this dis patch it becomes necessary to allot a greater proportion of time for the business which is necessary to be done out of Court.—lf that is not done the progress of the Coutt will short. Iy be stopped, and the ends of justice disap pointed. In consequence of the mass of pap e rs i n the office, now increasing beyond all calculation, it lies been proposed, open consultation as well with the officers of the Court . as the Gentlemen of the Bar, who require some occasional recess, that, as the present arrear is tiot very material, some time should now be given fur the business which must-be managed out of Court. It has been proposed. Oat two days a week will he sufficient fur the public sittings of the Court, and upon dot consideration it appears more for the convenience of .all parties, counsel, officers, and agents, to bit four days in one week and to have a recess in the'succeeding week.— Thus every alternate week will he a week of public sittiegs, although the office will be open at all times for business. This arrangement ~will give the officers, nut forgetting the primaers' agents also, more time to arrange their business oat of Court, and if proper attention is had to it prospectively, no delay will be occasinaed to the discharge of any one prisoner, especially as the Court has been always ready to dis. patch the business of each day as iLoccurred. For the present, therefore, it is thought fit by the Court to adopt the regulation of sitting four days succes sitrly in each alternate week, but that regulation shall only continue so long as it shall be really found comlocire to the public interest. The Court then adjourned till the Bth of September. Ten yen Unicorns were tatelylilled on the coast of sPitzbergen, by the crew of the Lively, of Her eitlit of which had 'horns, thee of them fe males. Capt. KIitGSTON conceives that these animals csigr their 'horns ilke. deer, as, he sate alloy of them ‘‘ith*duien-y.'•: .t.:.. .. THE STA TESIkIAN. L4NG'4STER ASNIZES. ELFORE THE HON. Alit RICHAGD RICHARDS, EN t 111 CItIM. (ON. • POLLAN!) a. LUPTON. This was en action brought against the Defendant to recover damages for the injury he - had done the Plaintiff by hiving had a criminal correspondence n Hi his wife. Mr. SCARLETT, as Counsel foCilie Plaintiff , e.n. largerrupon the nature anal character of the injury, for which the Plaintiff sought a compensation by the present action. Ile described his client as a person filling a respectable and honourable situation in life. Ile was the master of an academy at Salford, in Man chester, having under his care and tuition upwards of two hundred scholars. He had married the lady, whose conduct liarl given rise to the present action, when she was little more than 16 )ears of age. It was a union of pare affection. They lived for five • or six years en terms of mutual, happiness; and in that period they were blessed with two children.— Their connubial felicity was uninterrupted, until tl:e Defendant, Mr. Lupton, an opulent brewer in the neighbourhood, was introduced to the family.— Very soon after his introduction, the atteutions of Mrs. Holland towards her husband and children were considerably abated—an evident alienation of her affections indicated that she had violated her con. jogai faith. It was some time before her crimina!ity could be ascertained ; but at length it was developorl, and it was towed to an intercourse with the De fendant, in a Nay which be would leave to the wit ness to detail. The usual proof of the marriage was given. It appeared that the parties were both under age w hen they married. Their union was not sanctioned by their parents, mud tie marriage aa3 sr:bne:zed in a retrisii distant front that in which either of thein re. It appeared upon cross.etantieration !bat the wife becrree a motlipc w ithin three months otter her union with tile Plaintiff. The vvitilev.es stated, that the always conduct«, themselves nfieelioniately to ss aids each other, until the hushatal from ctic,tm siancei sts-pected her chastity. Miss Roscoe, the siopr of M is. Itrillatid. stated, that ti , e Plaintiff ;vas in tiie habit of treating his wife with extreme cruelty and ; that he once strt.ck her in toe public srreets of Manchester, when she had an infant in her arms. Several Mi , nexce4 ..ere examined before any proof of ctirniettlity aas elicited beyond that of the D..- fecidan! los•ing Mrs. Holland's lips. The only eti &tire of the actual fact of adultery was given by a ; erson of the name of Mark o,bortie, and his testi nit ny was of a very extraordinary Ware.' We centiot Rise it in detail, but are crnstrained to leave much to the imagination. Ire stated, that he had heir(' from report of the infidelity of Mrs H. Holland; he was in the service r f the Defendant,. and it was his custom occasionally to repose himself in the af ternoon in a cellar in which the barrels of beer were deposited. On the day to which his evidence parti cularly applied, he had retired to this cellar, and had stretc:4r4l himself alOng three barrels, which care placed el , se toge!her. In this situation he was disposi; , ?, I:ol,cif to sl,e , p, about three o'clock in the aftereeon, when he heard the s 4 :141A1 of foosteps con.leg down the cellar stairs; the place was too dark 1-Jr any person to see him As he lay. Ile per (Tired the Defendant and Mrs. Holland enter the (Mar and app:oar Ii the barrels MI %%1101 he was ex tended. Thry came within the distance. a 'aril from hint. The renislitieg put of his .testimony ni forded the o est unequivocal proof of t. a deirasity and iml* henry of the climittal parties: Seen after the Defendant retired, and listening a while, whis pered to Mrs. Holland that the coast e as clie4r, upon which she quitted the cellar, and they both went away. Upon cress-examination the veracity of this witness becae.e very questionable. He admitted that he had told a number of persons he had beets ap prenticed to the house of Barclay and Perkins, emi . vent brewers in London, and that his father had given with him an apprentice fee of 500 guineas.— lie acknowledged Ibis to be a falsehood. He also confessed that, with as little foundation, he had stated that Mr. Perkins used to black his shoes. He said he had raised these lies in order to obtain credit for being a great and accomplithed brewer. Ile hod also reported that he had entered into a partnership in a concern in Ireland, with a gentleman of the name of Sullivan, whose capital amounted to 10.0001. and that the Marquis of Hertford and Lord North wick were his securities. This, too, was false, with the exception that those two Noblemen had, upon some occasion, become his bondsmen, on account of his having a vote for the borough of which they were patrons. He admitted that his real employ ment in Ireland was that of assisting Mr. Denis O'Brien in a speculation in which that gentleman was engaged for fattening hogs. In short, he ad. twitted himself to be a liar of the first quality, un , equalled even by Fernandez Mndez Pinto. ••Mr. Topetect, for the Defe e ndant, addressed the Jury with confidence upon this evidence. He ob served, that the Plaintiff, even if the fact of adultery had been proved, was not entitled to more (bait nominal damages—a man who had so basely de ported himself as to spike his wife in the public . streets, whil•A she held her infant, hail but little reason to complain if she deserted his bed and threw herself upon other protection. He insisted, how ever., that there was us credible proof beyond that of ordinary familiarity. With respect to the evidence of Mark Osborne, it was utterly unworthy of .Credit. Was it to be believed that in such a place as :.Manchester, where there were so many facilities for illicit commerce, two persons of the rank in life of the Defendant and Mrs. Holland would retire to a brewer's cellar, to which all the servants had con tinual access, and make it the scene of their cri. missal amour ? The thing was incredible ; was it to be credited that they could have come so close as within a yard of the place where the witness was lying rerdlie, without discovering him, and being alarmed ?- -It was impossilee--edd to this, that the witness stood self-coesici4.ll of being a nototii•us liar,' unworthy of credit. Under these ciccum- Stances, he trusted the Jury would return their ver dict in favour 4f the Defendant. If, however, they believed the improbable story of the witness, the smallest coin the country afforded, would, in his estimetien, be a sufficient compensation fur the I Plaintiff. • . . Mr. Baron IticnattnA summed up the evidence with great perspicuity, observing, that not only the credit due to the witness, but the ltunilurn of da mages were matters peculiarly within the•prosince of the Jury.—Upon those points he could afford them 110 assistance—they would judge for themselves, and decide accortlinc,ly. The Jury, after deliberating about ten minutes, announced their verdict fur the Plaintiff—Da mages 1001. ME LANCIIO LY ACCIDENT. On Sunday afternoon a most afflicting accident happened to one of a party of Gentlemen who were returning to London, after a sail down the Hirer Thames. J. 'P. Mitchell, Esq. a Planter, of the Island of Tobago, and of No. 6, Rockingham-row, Kent-road, was of the party. During the sail he was perpetually expressing his determination to have a bathe, and when near Woolwich, in particular, he persevered, and began to pull off his clothes for the purpose. The tide and wind being very strong, his friends, with much difficulty, succeeded in persuad ing him to abandon his intention for some time, but the invisible hand of Providence seemed to hurry on • his fate. Two or three hours afterwards, when about two miles above Woolwich, and after having corn ' pinked bitterly of the disappointment to which he hail been subjected, he expressed his fixed resolu tion of then bathing. Entreaties to give up the idea %Pre useless; indeed they possibly only selsod to strengtfen it. for being a known excellent swimmer, and of a high spirit, he ti.tspiced fear, and derided caution. lie further prided himself on being alsle to dive deep, aid keep under water a considerable time; avid after plunging into the river he did not re-e,tpear for several seconds. This imprudent ef tort must iroe exhausted him a good deal, and when he did rise nglits, it was at an astonish. log and an alarming distance from the vessel.— fit. called for the boat tottelv,.ss Oh a coe...,enance evidently filled with alarm. It had presiously hove to, and it came up near him almost immediately, but he would neither catch nt 'a rope, t:or lay hold of an oar---sonhappily relying ton notif y ' on Lis skill in swimming. The impetuosity of the tide and wind, at this point of the oiler, however, was such as to drive him rapidly to a great distance from the boat, in spite of every exertion, and his own increasing al,trnt impelling him to contend strongly against both, it thus contributed to his speedy exhaustion.— An oar was then pushed off to him, but he had not power to rest nn it. In the agony of the struggles which he was making, he called out to a friend in the boat (Mr. D. Campbell, also of Tobago, both hasing come to England together), " My friend, Pm drown'ti—Campbell, I'm drown'd !—Oh'! my mother!" Another boat came to his assistance, but when within a few yards of him, he ftontly disap peared ! Every succeeding effort to r''mder assist ance or find the body proved tinavailine, nor has it yet been found. He was only 20 years of age, and possessed much too ardent a temper. IV:.at increases the affliction attending so melancholy an event is, that h e was th e on ly and mach-loved son of a widow lady, now r esidi ng i n To b ago, who gave s!riet charge of him to Mr. Campb•ll. It mly not be an. interesting to add, that ine‘ioush to going into the water, while uriltriss.iit t z, be took a r•sluaYe gold watch from his pocket and gale it to Mr. a frieud who sat near him, saying, " Those. take tare of my watch—it will be no bad le g acy fur yet; Dnowtrt,tc.—Between the honrs of on and two on Saturday last, as some of the apprentices of Mr. printer, Took's-court, Chancery-lane, were g in the Thames, near Soinerset.house, o no of them, James Jervis, a lad of seventeen •ears, having ventured imprudently nut of his depth, im mediately sunk, on which Win. Maginth (a fellow apprentice) SWAM to his assi.tance, and made an at tempt to catch him by the hair ; but the unfortunate Jervis clinging to him, both went down together, and disappeared for the space of two minutes. At length Magrath succeeded in extricating himself from Jervis, and appeared at the top of the water, almost exhausted, when a waterman came to his assivance, and rescued him from his perilous situation. Every exertion has been made for the body of Jervis, but it has not yet been found. _ _ _ On Wednesday, es James Goddard, of Pnynings, was standing at the top of a cart load of clover, a hich he was about to remove into his stable, through the sudden motion of the horses he lost his foisting, and fell to the ground, when, dreadful to relate, the prong of a pitchfork entered his right side, just below his ribs, to the depth of eight or ten inches. The unhappy man drew nut the implement himself, and died in a few hours afterwards. A Coroner's Jury sat on the body—Verdict, Accith n tal D cull:. Swlvinivc.—The fraud was practised upon Mr. PArick, linea-draper, of Coswell-street, on Wednesday lost. A boy, about 13, called and delivered a note from Mr. Lewis, who is a customer of Mr. Patrick's:— " Mr. Patrick—lle so gond as to send me by bearer twelve pair cf cotton stockings from 4s. to 4s. 6d. a pair, and six squares of muslin for cravats. I will call and settle for them on Mmlay.—Yottr's, " W I. I. W IS." Upon reading this note Mr. Patrick sent the atti de, mentioned. Soon after the lad was ,gone, how ever, it struck him as singular that Mr. Lewis should have mentioned caliing to pay for the articles on Monday, as there was an account in his name, nod time for payment was not yet come; he therefore ell to suspect all was not right, and determined on going to Mr. Lewis's to mike some enquiries ; he went, and, to his great mortification, discovered that the whole was a rubrication. Mr. Lewis being absent from town, and no order whatever having been given by him. There is some chant , es tint the writer of the note may lie traced by the writing. Several other tradesmen in sante nei,;libout hood have been defrauded in a similar way. FAIR PLA v.—The sexton of a parish church in Shropshire, insisted on ft poor man who had his leg amputated, paying sixteen pence for burying it in consecrated ground. The pauper appealed to the, Rector, case;r,who said- he co u ld not relieve him in the twee. bitt.m 001 ropsider it id his fele w when 1 remainder realader of his body carne to be buried POLICE. M A NSION-1101.73E.—Yestorda ‘ Edrcai d Garcia, Angel Ler . y, Abrahams, and I I uniphrey brought lip and underwent a charged %ilia violently rassaldth Richard Serf, of Tower-hill, Mary Axe, on Monday night ti The particulars of this case h$ the I'ro•ecutor being so far rec, juries he received as to be able sent occasion, his evidence was tt of the parties. In this respeci corroborative of that given by nesses on the former examin, Levies and Garcia were recoga being most active in the outrage At the instance, however, whole of the parties were again , evidence against all being expects Qtt• xCN-SQUARE.-leSterday, youth aged about 16, charged the Gas Light Company, with r since of about 1f cwt. of lead The Prisoner had worked as pany. In consequence, f)).wert trition - eviaced by the Ptkoner ment, and it being acre) tined before committed any ()Hence, resew(' a aHi that he might he that forgkeness in ti good than could be accomplishel tence. Mr. FIELDING agreed in the the Prosecutor, and after an im Prisoner was orrbrcd to be disci M t RI.BOROVGII-STREI:T.—,IL another c.) Arian, were brought robbi• g a gentleman of a sum night. It appeared that the the damsels at Charing-cross, and pressed thernsta take some of course they did not decline. olTered them a preTot if they home, and they accompzolyd Portman-square, when he' dic been robbed, as- he thou:oi, could positively swear to 1 31. secured, the other (Ca o.beir . ) ) soou after came to Vie %:1: , -11.iitru and was detained. The Nose(' was Camber:) , that had roll), I ' mender) for another esaminatior charged. CORONER'S I NQUEST.—Yesio, held at the Black Dog, in Df Honcsox, Esq. Coroner for NI of Thomas Connor, • whose den, cessive drinking. It appeared deceased was about fifty years of ' 4 tewart's-rents, Drury-tare, who two grown up daughters, and Covent-garden mat ket, where as la porter, and was in the hal state of irtoxication ; he view Thursday nigh , ; on Friday mni he went to the market, and wen find:bury about ten, and feta , Head, in Cuvent-g:.roen, shout in a state t.l intoxication ; it was to importune Gs , ..s.tienten or others, for something to d•ink ; he appli' nor to a Captain Davis, in (he hint a pint of gin to give to ssh, ceased tcnk the pint, out of whi but a sweep, to whom he gave he drank off himself; he then got! amongst whom 11-2 pleased, whit hand to divide, but which, is is drank himself; he then stretches in the garden, and front that fell rently in a fit. William M.E I of his, got some water and w finding the dangerous state he w;. shutter and had him carried home tended by Mr. GIN., surgeon, of administered an em •tic and oflt effect, as he expired about hal the same e%ening. Verdict—Died Ilounin MURDER. AT BARNET the 25th inst., as an Irish la! who had been some time at ha Bell, Borehatn-wood, near Ba, their lodgings, a dispute arose bet to the disposal of 50s. which and which terminated in the mu in a mast dreadful manner. TI the hedge and took out a stake, her head for nearly five minute , . he had killed her, when he went A man at some divtance, by trail had seen the dreadful event, be , while the labourer was there, the poor woman, and finding conveyed her to the Hell public ►here she lingered about two fired. The murdcicr was imm, cusiodv, and w bets informed of only asked to see his dear nosc cared not living hung, as that V 1 it' botheration. He was Ci.MMiir Hertford gaol for hint. 111014 quest sat upon view of the hod• Wilful Murder was brought oga, A man named Connell, who Ii Covent-garden market for 20 Friday, for a wager of 11. to s' and nue quartern of gin. 'lids performed on the-spot, and won his life, for immediately after dri fell into a state of in-ensibility home upon a shutter to his hoc rents, Drury-lane. Medical aid emetics applied, but all in vain, being eight hours after the pet for he breathed his last. MAIZRIF.I). morning. at Newington Chssrcb, of Al r. K. Mu►ray. Nary A,ent, of to M. Plumley, of Islington. . LON DON • Pr snit Piedube b• ST IT MO If Oefair, riper:oo'e • ay, Drordecai Samuel Ju; übs. i Morris, we t « • another evirr., l ' ii:' ing and rohhin. ,rti Bury•stre7-,.. the '2.lst have already (cowered froar P to attend on the taken as to the ;derail, , ct his testimons- the three femal e ration, and t!n gaited by Mr. Se l f, 4 ;e and robbery. , of his Solicitor, 11 4 remanded, addition)! Feted to he pr r. Henry C u if un. • I by Mr. Nl . llitosh,,i rothing it some %se r i, broaghi c hrimo , er to flip C,. i or, th, Sint Pip t % r dining his rn e N, Ihnt he had e, the Ptoserutar q , di -charged, hint. : 1; • P 15 (mid effect ne t Led 17 Il.e serenest ta, 7 hi corcWsion rlrswob y r. npressive warning,4 n v iclia rged. • el Wry Galt:terry o h ] " 4 t up upon a c;:arptt 7 of money, on Surp!r, ilh Prosecutor net nd about nine n'clwi l .thin, to drink, *hi Prcsecutortbe l 1 ire souk] see him aff hint to Biker-ago, tic seorered that he IA of airout 501. hteir 011 e of the girls I t 7 ) made her est-limbs 40. to her compria neutor was pwitnet I hire, and she nn .n. Tile other was 1 orday an Ingamt re •. /rury-lane, before G liddlesest, on the b.• I : evidence, 11 weaTsenn:4, 41 t I of atm, that he Hot lucre he had a sifet , i was well known . he acted many }n 'bit of being ins drip nt to bed drunk a tuning after break's nt with a k ad to troutl to the Qeoli'i it twelve, apiurco . as his constant c•a . or hers, whom he kae plied in his u•ual tsr ' t P house, who ordeal It , ham he liked ; the& ; hich no person lei n a sup, and there( r m .:. ,t another piut to dirii i f ,: ich he took oat mail all. r supposed, he moll Mr ed himself on a In , k Mr. II on thiground; C. :ray, a fellr.w•po washed his face, Mr. was in, got a wind° Is ' t me, where he nate Nes of gussell.-treet, w r. Mr. Bk her medicine, . ilf.past eight o'6o o w. fed from inforicati• T. 1111. I:T. Oil Friday niOt Mr. ibourer and his err Mr, atvest work for Mr, • arnet, were goicl . I lii het sepia them rehn , T. I he had just rice; J. I order of the we lbw laushard , and struck herr . t w . .s, until he l')Fift 4 nt away to hi: Eery Mr, ,de a brick!ny at feared to Cn r iminerliee'y *te r t r are awtr the rear tta ET) . h i c io r us n e t:t boors and 1;:ril acre modiste!) , tikto ' hi: wife's death , cry once more, it as only half an y how ted on Sitinly day a Coronei ; et a ly, and a rerikt ere, aiwt Om Prisoner. lose had been a roft,:ri Jere years, UndflMl swallow Oro fore IA s disgustim! fiat son the wager, b'zt riaking the wogPc• F l 'y, and wa , Dr. arigings in Stews" Lori d was celled i::. :•• for at it tie rmance of the $l" • •dia, loth lip" I , .5 nee, PI:F.,; • thy Ch of tharcl-rut'. .; arti 4 by 9 Lave, t . • sole rorrne.. all I V i r 4t , ~~ J I A ~' , J ~~ e~~.