The Statesman. — London, England, 1821-08-14 00:00:00

- • • . : . , .. ••••• a tlAtiti RR ASAP BS. -.141......:- , '' • • YORK, Tnuassev. Atre. 0. *MUTT Or All OLD WOMAN.--DOD 11. LtGIITOWUR. Messrs. BROUGRAM, HARDT, and Penn, were GOD set for the lessor of the Oiled,: Messrs. Scanai and *reams, for the defendant. Mt. Baonemast began to open the history of t ease. An old woman, Sarah Clough, who had be warded to a sae named Wilkinson, died is 1819, amlf left in heir at law of the same name, who was married to a was of the same of Whittaker. The fact was, that is extreme old age, Mrs. Wilkins. lost her tenses, and was got to make s disposition of het pea lee heir the prejedke if lser cumin; Mrs. Whittdter , r at law. Isms cowmen foe bete arse between Mr. BROUGHAM sad Mt. Scitarare, respecting the ground on which the - deeds were to he assailed—whetber on the ground of lasanity at the latter period of Mrs. Wilkimoou'l life, or en the grated of a deed of gift is favour of Mrs. Whitaker, is 1813. Hr. SCADLITT thee addressed the jury. The, might not, perhaps, have perceived the meaning of tin iell which he and his learned friend had jar • Nis learned friend could not set up any other sat went, estsblishiag the deed on whic h the de at went, bad his learned friend reasoned too wel Mde this, and therefore he went upon the right o isle at law. In 1813 or 1814, Mrs: Whitaker, know leg that the old lady would leave her nothing, hat Stet possession of her title deeds. Mrs. Wilkinson ge s 'errata for recovering her papers, and the magh trete (Mr. Lister) thought her then not quite settled probably she bad drank some rum and water, an, therefore consigned the deeds to the custody e the constable at Bradford. Mrs. Whittaker had psi toadied at the same time to have • deed of gift of a Mrs. Wilkialsa's property. Mrs. Wilkiesen, therefor to prevent all risk of having her property thus fora sway from her, made a sale of it to idr. LightoWlet as Mr. Wainwright. The former paid 301. in haw Massy* a promissory note for the rest, being aboi lOW. The latter paid 251. and gave a promissory no for ififil. This subject had been tried at the last assist when Wainwright was defendant. None of the des were the* before the Court ; and Ile. Rains, who w then opposed to him (Mr. Scariett), very properly i sisted - that no consideration appeared to have be given, and the jury found for the plaintiff. But be w • now prepared to show that Mrs. Wilkinson was remitter Willy Leconte in business. She made a will which dill .=of her property according to her wishes , and after exiell her property by sale, in order to defeat -1114 prewfWons of Mrs. Whittaker. She afterwards Wade a second will to dispose of the securities given to Stifle tioeseqnence of the conveyance she had made. ife *field peeve her competency when she made the Iltede is qaestion, and it would be for the plaintiff to dispute her appetency. If it was a competent and vo- 1 l'inatary ceavtyance it fould sot be set aside. If his' laestied relied shoots attempt to set up an opposite weeveyanee. he (Mr. Scarlett) would then turn the t ables hipita his. I- Whimsies were then called to prove the competency l of the p arty to execute the deed in question. 1 hey were . simian and Bross - examined at great length and with much strictness ; after which— . Mr. BDOIAMAM addressed the Jury. The case of .wittell they had now bet an imperfect idea, he mold show, be flattered himself, to be bottomed in [easel on the p. art of the several persons who came before them as parties and witnesses I- that this old woman had sot bees in her senses it was not necessary for his to prole i hut he would prove that, from age or other bodily infirmities, or without any infirmities, she had gradually fallen into a state of mind on which no re ' limit* could be placed, and which rendered her quite ittettapetent and incapable of knowing what she was alioik :It this state the persons now before them had got possession of her property and of her person. sad obtained a fraudulent and fictitious transfer of bee pre peel. This transfer they next attempted to bolster tap - by a last will. There had been two wills, one OR 20th March, 1813. She bad then her senses; that he 'clispited not. But that will gave the heir at liw a share of the property, and it was not pretended that the heir at law ever parted with that share. and that share would be sufficient to maintain this action. Be would show, however, that there was, not a revoca tion of that will, hut a deed of gift that same year to Mrs. Whitaker of the three houses which formed the property in the will, and that operated as a complete re vocation. If his Lordship should hold that that was not sufficient, he would then recur to the higher title of heir at.liw .. . v . The witness Lee, bad pretended to ban been taken by surprise last year by the plea of insanity. Yet, how could that be correct, when theylsad bad then Drs. Mammon and Fletcher, who could speak to nothing else but the,sanity of Mrs. Wilkinson? From this they could judge what credit was doe to this witness. They Koala remark, too, that lie had first sax ~ that the sale was froptted to in consequence of the -opiniop of , counsel; then lie said there were two opinions; next he stated that the first opinion was in 1815, or the very end of 1814, and. the resulatiou of sale long afterwards. Yet they saw him acknowledge that the advertisement in November, lt(14. for a sale of the property was drawn up by him. There was not a tittle of evidence tn. est t ubliall the validity and honesty of the 'promilsbry note, oittentitew that it had ever been out of the possession of Seri, who was so mixed up in the ti4nsaCtisst ibilY libi evidence must be received with .._?-: grestmeiciiiii ; esr :rhe giving of the papers to the con .qsjr Fete trantaeffir that spoke for itself, and proved ;be r osper4,lttle il l giseit!!'s opinion. lie would lay evi aileeste befeeelhe .Ivry thai this old woman quite lost ber d useorry, demanded aopey where none was due, offered . 19 per whet+ she liaspet indebted, and wandering far ) • frost ion own'bonsoisches she meant to return to it, and then within telly . few yards of it. If they were satis fied, that MI Iris Asir and honest, sod that she was not in 4 situation lobe inadiflost•tool of a conspiracy, they Troirrid glie . iheir verdict for the defendant; if. on the othet tailY they should : BAm that things were as he ;fated, be confiaeotly eipected a verdict for Mrs.) W UW/WILICI. :nselearned counsel ihen_called his witnesses. who underwent as 'severe in Oiliest" as the preceding set; •. after which • SCARIATT addressed The jury. His opponent ha failed, in every point. He had done the hest that .cattlsi ,deps in'sndi a case. and with such evidence beet st was intpossible that illeakt sould exile on use' gametal uteri's of the Case. Hither she had been , • lIIMIIMMINom ,I % .~ gift was sot good; if fit, thee diesel, and Ai of her property wire pod, and her telliagi sretion the effects of old ago. As old perms mould • near to a series of events, and trace tts ea ttite rately t sad then ask a qiestion which some imply a total failure of memory.. He amid refer hi !tarsal friend to a case which be well kairer,. sod which illustrated in its finest form the mind lookia back on periods of life ea which the sin ilk brightly, and feeling a hue hang ever seater mates. The distinguishing penes to whom he elliVisa. to whom he had had the pleasure of lattedeeleg lii learned friend,—it • was Baron Masser's—Asa re- Fated whole passages of the classics, and seen after asked a question as if be had lost all memory. He would trace the whole history of the Royal Family, and state their several characters,and boa tura mead and say, "1 bars some notion thatthe late Xing wall ill for some time before be died." This was tiol character of old age. The learned gentleman adrenal rlat great length to the several Witnesses called , and thi nature of their evidence. ' Mr. Justice BATLIIT sasses tip evidently with all ' impression, that the old lady bad been compet ent who she executed the deed in question — Verdict for di, ' defendant. : This ciese occupied the Court from oto 4. SATURDAT. James Hoyle. who, on Thursday was charge of ihdatisig the person of as is tender age of 10 years, was tried for an assault the child, sad feted guilty. His Lordship was him to confinement in the Castle of York for *e of three years. " At a fall Court of Mayoralty. held on Monday, at Norwich, it was ordered that the poor in the (great Hospital and Doughty's Hospital do saver in the respective beds allotted to them in the said Hospital, on pain of being discharged. It was likewise ordered, that all persons found in the streets of this city ber ging IN TIM assax-wcax should be apprehended and dealt with according to law."—We think this Court of Mayoralty remarkably harsh towards the poor in threatening to punish them for not sleeping in their beds, while many of them are as liable maths dub to be kept awake by anxiety and pals; but we are( pleased to find them so lenient as not to threaten them with punishment for begging at any other time of the year except is the Assize week. A singular instance of remissness in three or four persons, and ultimate honesty on the part of one, oc curred on Saturday last. A clerk, in ow establishment in Bristol, gave a 10/. mote, supposing it to be for U., is payment of wages to one of the work-people. who, under a similar persuasion, gave it to his wife, without looking at it, and she also equally remiss, paid it to a woman in High-street market, as a 11. note; nor did the woman discover the error, until it was traced Or her, when she said she bad but one note is her posses. Ilion, and insediately took it out of her pocket for ens.' initiation. It proved to be the identical 101. sete,which she surrendered to the owner apparently as joilsily as be accepted it. Oa Monday sennight, about six o'clock, p chiermey, sweeper. about 16 years of ape, whys ka# ipso op see the Glasgow Bridgegate Bell mitt. 410 .0. 46 : 0 7 4 0 _ • • pearanee outside the steeple. Wi hesitation he climbed so the top, with** teseiest esti fidence and agility, strode across the ship 'between the main and wizen masts, and waving a handkerchief, wheeled himself and it round several times, to the astonishment of a considerable crowd who were col lected beneath wondering at his temerity. In about five minutes after be dismounted from the ship. he crossed the Bridgegate to one of the back wynds, with about a dozen of the little sooty fraternity at his he' Is. CAUTION TO TAILOUS..--AbOUL a fortnight since a blacksmith of Psdstow bought a piece of cloth for a coat, which with the necessary trimmings, he had bound in a bundle : and being suspicious that the tai lor he meant-to employ was addicted to es:Mating, he hit on the following novel mode of discovering if any fraud had been practised on him. lie placed tbe bun dle in a well-balanced scales and carefully noted the number of pounds and ounces, it weighed ;—when the coat was sent home, he weighed it in the sanie scales, when be found the garment weighted 24 ounces less than the materials did of which it was composed. The enraged son of Vulcan immediately repaired W the ingenious tailor, whom he loudly charged with Crawl, and demanded the restitution of the esbbaged property. The man of the sheers iedignantly repelled the charge, and insisted that the loss bad fairly takes plate in the pairings, &c. necessary. The blacksmith is by no means satisfied with this explanation, and threatens to prosecute the tailor for a fraud. Soon after midnight of Wednesday kit, a fire broke out in the Engine-house of the Northuaberland Flirt Glass Manufactory in the Close, Newcastle, and in de fiance of all efforts, that extensive establishment, with the warehouses, and the greater part of the superb stock. fell a pay to the flames. The lalt,pars bets standing is the cone, containing the Tina*. &Le adjoining dwelling-houses, inhabited chiefly by labour ing people, were involved in the calamity. About 14 poor families have lost nearly their aIL Part of the glass stock was :brown into some keels on ths► river and eared ; but the loss must be very great. For tunately, the principal part of the account books were rescued. We regret to add, that Cleo. Brown, and Rubs. Craig. who were assisting to get the fire under, were sevetely injured. The former had his skull fac tored, and the latter was much hart by contusions ; bet had no bones broken. They are in the Infirmary. Three other assistants were hurts, but noels( very serious ns tore. The steam engine had been erected only a few wieks and was near the entrance to the premises from the ('lose. Wo hive been infortded that the etoek, which was worth at least 10,000LwaWinsared only to, the amount of 18001. . The glass-hoili banditti's' were the property of Jonathan Sorsbie, Esq.; the dwelling-houses belonged to the executors of the late Robt. Nicholson, Esq. of Brisilry. - and we uaderstaiat were not insured. Fears werseatertaised, at one time Ifor the safety of .the Paabsion-house, sad the soap works of Messrs. Doubleday and Nosterhy; *Mich are on each side of the buildings deattlyed ; bat, fArts• nately, they were • preserved. Great praise is due * the itb Fatileers, for Ca.* actin!' and awful silertfins. The fire-engines continued N play on the burning Len the whole of the slay. POPULATION OP Baaarosso—ldaks Side, female 164 total 13,064..• . . . . °'' ---- ,~ . . maul. .........00.4.;. Ort tistattrwts Witte, ow et tit* Mp was ipon hie duty early • is Wee motalag. he k. a man, having the sprints* of a labeturer, t oat from the beck promises et the Guildhall C, house, King-street. Cheapside, which is at presets t ier fi eg tertit, with a bag oa hi s shoulder. sea • y very 'testily lades. • followed him at a little distal's, till be sawi hk r into a house in a Court in Love-lane. Whit walked in after him, bud went upstairs into his room. The fellow, by this time. bad deposited his load In a cupboard I bat. on White's demanding to know what t was, he aelocked the door and produced it, tries it toned oat to be between b. and $0 pesads of old lead. He begged hard of the officer to say pulsing aboutit, but without effect; and he was compelled to shoulder his load again and retrace his steps. On their return to the bailding, the fellow produced the key of one of the rooms, from which he said he had takes it, and hiving returned it to its place awing other old !wilding materials, was brotgbt in custody by White to the olice. When placed at the Bar; Mi. Samuel Hall, who has taken the Coffee-hots!, slated, that the prisoner was his confidential servant, and bad been in his employ ••z or seven years. Ha bad so much renews, on his honesty sad attention, that he had 'arrested him tq take care of the s trevakes, with directions to keep strict look oat to prevent tie numerous depredation of the workmen. The lead was his property, there was more of the same sort in the room which it bad been taken, of the key of which the peo roost had charge. The prisoner bad so deistice to offer, and Mr. Hall determined to make an example of him, be was coat• witted to Newgate for trial. Harrost-Oaavest.—Elien Cal* was brought Ili for final examination. charged with stealing a male iall fast four months old. the child of John and Norab Brady, of No. 13, Pield.lane.—We recently detailed the circumstances of this ease. The prisoner was fully committed for trial. bIAnLtIOROCCII-STRZIT..--O'DO/Inel and M 4 Certy were charged with assaulting the night guardians. and kicking up a riot at the wake over O'Leary, is Crown-street. O'Leary, our readers know, was killed in combat with Cooper last week, and there was the usual Irish wake over the dead body. The ease of riot and as sault was proved. In defence, 114 Carey said he was invited by the mother of the (lecessed to the wake. but when he got there, two or three of his country men said be was drunk, and it was not like a gentle man to come there so. 111• Carty declared upon his ho nour, that he and his companion only bad two quarts of ale, sod three half pints of gin, to cheer them, and be appealed to the Magistrates if that could make them drunk. Magistrate—" It was sufficient to put you in order for a row." " Why yes," said 'Marty, " we were just in good spirits, and we would join in the ceremony, knowing the deeeseed."—Witla the consent of the constables, the deksitots were liberated. I - Tan &rotes Cnit.ntsw,—We pee in our paper 1 Wednesday last, a mom distressing account of two children, a boy aad girl, named Benjamin sod Choir glass Hawthorn, having been obtained from their pa rents, Mr. and Mrs. Harrell, by a fellow, who assumed the name of the Rev. Mr. Probes, seder pretence of placing them in a boarding-scbool at kincoln,and pro- viding for them. We have now great pleasure in stating, that the publicity gives to this nefarious af fair, has been the meatts of apprehending the fugitive, sod of the restoration of the children, as will be sees by the following letter, which has been received by the distressed mother :- 0 To NIII nuaagLL, COOT AND SUOI.3IANID,3II I / 2 GOODGII STILZST AND OPPIN OOLI-STIMIT, MANT-LE-DONZ. " Billesdon, near Leicester, Aug4l2, MI. " Sia—Having seen is the newspapers that a Mrs. Harrell applied to the Magistrates at Hatton-garden to recover two of her children, who were surreptitiously taken away from her. I have to inform von, that I have them in safe custody at Billesdon anti have committed the impostor to Leicester Owl. if you, or any one duly empowered by yon, will come for them, I will deliver them up, and you must determine how to proceed a gainst the offender. My direction is, the Rev. Dr. Thomas, Billcsdon, near Leicester. (Signed) " EDWARD TUOMAS." Os the poor mother receiving the above letter her joy was so great that she fainted away, but unfortu nately she had been necessitated to make away with every article she was possessed olio order to defray the expenses incurred by her husband in travelling I. pursuit of her children, and she is now without the means of going down to Leicester to obtain them. • Betrstr, Auo. 6.—Yesterday morning an Warm ing ire broke out in the bake-house and *our store of Mr. James Law, in the rear of High-street. It was first discovered a little after six o'clock, at which OK its appearance clearly indicated that it had been for a considerable time making a silent, but extensive pro gress, in the interior of the premises, and was rapidly comnsunicating to the adjoining buildings. •An alarm was instantly given, anis one of the town en glees arrived is about fifteen minutes after the first discovery — about half as hour elapsed before a second ' could be perinatal. At first there was a deficiency of water, and a great want of ladders, but, in about an hour, both engines were brought to play with toler ble effect, the neighbouring houtes supplying water after the pipes were filled, and some ladders were ob tained, though is a very defective condition, nor were the engine by any means in a perfect state of work. By the great exertions of the people, however Ale effect of the engines was soon visible in the subiald power of the devouring element, and by nine o'cleft l it was eouiplagly got under. It was a provident* circumstance that - the fire did nut break out Want night time ; as, in suck case; the destruction of pea perry, and probably of lives, would have - _ bees taltel awful from the confined situation it was In, and, boa the etrettnistaace.o there being in a store closely 00. • ining the emstuused premises, a leer quantity *I tallow, whir& was fortunately got oat in tilos to pl. serve it from lostroo u too. A'Sonsiderable qalljy el flour was destroyed:with the baka-leesse and gore; sod also a part of Mr. WM. Miawell's dorm asijoliteg, but which were fortaustelf 'warm!. his not haloes tallow, bow the lire originated; it began With the apperlpart .-_ •••••••• A THE HAHMS7'. Samples of very las new oats wets la this lasts eoanty and Ia flaillonlohl llso wheat i la moral stands well, mulls Weaning us labs to hte, stud with Aim rrsathar ay box* width; present month': be. mid ?melba look reasika well asd healthy ; the fang the rottaleyolis ther appears so aaeosamenly rich and' laisrialt,. it is difficult for the observer la psrsude himself the Demos is so fu advanced se the wmath of 114 —la Northamptottaltire. sad Bath'lll wheat appears extremely luxurlast ;1 1 :72t quantity of rids which felt lam mouth, aid bid weight of the ear, as well as the washings aid 1. mess of the stem, the greater part of It Is loilgoki little hopes eaa be eniertilsed of Its, Mag. aq day that tree the teem fammealols weather mill sow set in, it 6 not &spatula that sae deli it fl. bounties will be ripe for eating before &paella* season is England arasually lAte.) The mops barley and oats seem to be batter fated, aid poi well. ~• Haaverr—Nonwica, Ara. 9.—Notwititstu the backwardness of the MOM'. we have Omni field of wheat begtta to be shore in the asigi hood of this city. A good portion of the very nearly ready for the scythe. and if there I screed to the valise • flow bet drys, the i tZ probably come on sore suddenly than is ticipsted. Mr. Hodgart, on &Amok farts, seer Lis N. B. began his wheat harvest upon Holiday, promises a lazarlant crop. TUX SIXTT 1111411-A-DAT iIaTCIO-411T. who started to do this snatch foe 10 =sees ?so Thursday last, was near York on Saturday having done each of the three days' work by o'clock in the evening, viz. Huntiariou the ima Macclesfield the second, &c. He will cross thee try by way of Worcester into the Bath-road, so is backed at 6 to 4 to win. iIoWIXO EXTRAOIDINAUT.—On Sunday IA ii 4entlemen belonging to the " Amicis Cutter Ohl' undertook to row from Westnainster•bridge t. Qs as& from thence to Twick•nbans, and dews spiel ‘Teatininster, a distance of 100 miles, in eight' boars. They started at hull-past three in the ma ieg, and reached the Fakon Inn, at biraveseri, at quarter past seven; when they partook of a heed breakfast. After resting' an boor and a half. tM were again afloat, and in three boors and a half * were through Westnsinster-bridge. At this plea boat put off with some refreshments ; during whi time they floated about a quarter of a ad* reached the Eel-pre House, at Twkkenhans-Alt, at quarter before three. At this place they were sell several of their friends, at a comilkortable dialler. I last they started to complete their Herculean taalt.se reached Westminster-bridge at twenty minutes pa eight ; having performed the distance is less than s venteen hours (twelve of which were occupied is FP iag), without the least apparent fatigue. They we steered by their coxswain John Loader, of Old Sirs skies.—This match, it is believed, was none scum plished but on one other *cos:slow • Act:. 10.—Ao illastriomt isillattoced by the social and generous qualities of nature. in one of his casual walks a few day, age, e tared a shop where a variety of sbewy &Moho we exposed for sale. The dignified character of d guest was not unknown to the shopkeeper, sad ti most sparkling contents of the depot were reseal exposed to him. Daring the cursory inspocdoo, Custom-house Officers, sans eerentonie, runt themselves—they bowed respectfully to the latter they were in the mere execution of their duty, a the " King's commands," they observed, and a seize of the greater part of the exhibited valuables lastaa followed. The scene was novel, and calculated surprise where no previoas suspicion had rested ..4 it did so—but it called forth no comments. At Northampton Assizes, which endel of Thati se'nnight, the prisoners who took their trials w sentenced as follows :—Jobn Darman, for highs robbery, James Cooke, for sheep stealing, Willi Smith, for burglary, Edward Collins, William Witt James Smith, alias Parnell, John Nash, and .h Dover, for robbing booths at Boughton tire's F severally received sentence of death, but were all prieved before the Judges left the town. Bonus r Lann.--A considerable degree of iota was excited at the late Salisbury Assizes, in at quence of the expectation which prevailed, that I bert Lamb (the Duke of Somerset's late Steel would be tried upon three indictments found agi him at the last Wilts Anises§ and upon two other dicorsents found ageism him at the present Assilln The three former indictments were fur hawing obtoli money from the Duke's tenants by false pretences,' the two latter for forgery. The dials, however.i not come on, Mr. Lamb haring absconded ; sad 1 bevies been taken although • reward efe afille6 Bored for his apprehensioo. The tecog ulasis" Lamb,and his sureties, were *serrated by tip 'sad in consequence of his non-appearance. g On Saturday, three persons, a fisherman,. his Ink sad sou, were taken op at Hastings, chargid on picios with having in their ponessioo property scribed to have been about the person of the ticb who souse months ago was prowned off Dover. I'M man, it is said, in trawliug had dragged up the loafs and after securing the valuables about it, agate_ _ J oe witted it to the sleep. The woman. report says,l ol 7, for sale, a wateb, o itikthe initials of the sol e Jew eugraven cot the case; the man had been is* 'mousy; and the bay, in a state of inebriety, Md tared words that were very suspicions. .The FAO on, it is nadorstood, were sent off • to Loudest fet 4 amisation. Ow Ilkil ['mu. look takaboth liustloy, wife of I *Assn. last. Mr. Uslleld, of Ill a mptos-srick, • gssr*f Ms's; s. ,_„,..1 Is Ostslior- plate . hfseklesPE *AWN Franeklis, of Us SWOP. : Okla Mastlleas e Esiliibli r... Ina Fur. PilPi - r) by It. WI J • - " Tow&moan/WV-PI . lisp•ofu St. Moog. IC LI. B.: to vrio• • 11 1. " I • A. • I • .11 ~, T , • 1 -, !,,N*7 ,• • ! t .