The Statesman. — London, England, 1821-12-08 00:00:00

'r7. 4 Lary IifrILLIONNCIL —ie.-- 11ANCELLOWS COURT, Die. t. - AND Slane BANK RI/FITT. /LIPARI% IRINSTIA D. Warr atated, that this was the petition of Joseph 'sleet* Grimaced, and prayed that an early day might be fixed for the hearing of his petition, and that the order for the choice of the Assignees might be aubled untilibe hearing bad taken place. He should w ab more than merely open the petition, as the Cositinalesionen always gave a fortnight's notice, and as the day for thawing the petitions was the 20th, the Commissioners would be able to inquire as to the pre poaderating debt. That of his client was 32,8211. and whieb bad been admitted wider the former commission, though it bad been rejected mates the new one: The Vice Cnancst.zos noticing the prayer of the peiitipn, said, the course be was disposed to take, was net 16 interfere at the present occasion, but to give as opportunity to the party of proving the debts before the choke of Aintree's took place. Mr. Hosus—Then the order made by your Honour for a sew choice of Assignees will immediately issue. The Veen CaaxceLian.—Yes, my order will of course immediately Wee. The importance of the case was not so mush to the feet as to the principle of the practice under the Bankrupt Laws. Let the petition be put at the bead of the paper for the 20th. The order for the new choice of Assignees, as di rected by his Honour on Wednesday, was then made absolute, and of course losses accordingly. COURT OP KING'S BENCH, Dm. 7. ~. The Jury found the defendants not guilty. Middlasts Sittings after Illebeehues Tenn before tbe Lord Chief Justice sad Comae Juries. enemy V. HULL. nil was sa action against the defendant for negli gently debrisg a gliy. whereby tbe horse and cart io which the plaintiff was riding was injured to the amount of 51. 14s. Mr. M4SSTATI' and Mr. HUTCIINSON were for the Plaintiff; and Mr. Brawny for the Defendant. The transaction is question took place at Wands worth late in the evening. There was contradictory evidence on both sides, and the question was to when the blame of Its accident was attributable ? • The Jury, under the Learned Judge's directions, found thdr verdict for the Plaintiff—Damages 51. 141. allie• V. TOWNSEND. This was as atilld,btought by a respectable silk mercer, in Pall umil,aided a disearded shopmen for a libel, imputing to the Plaintiff that he bad given in formation to the Board of Customsafai est Mrs. Decima Barber, a milliner in Pall-mall, that she bad smuggled silks in her house, whereby the Plaintiff sustained peels' damage is he loss of Mrs. Barber's and other isilliuers' custom, the foot being that the Defendant himself had given dotinformation, and being dismissed by his 'sestet bailiff& a vslisatary affidavit before the Lord Mayor, alleging thet the Plaintiff bad insti gated him ao to do. Mr. Ouaxse and Mr. ANDSIWS conducted the Plaintiff's cue, and Mr. Cum:7 the Defendant's. • The seams was Weight merely for lb* vindication of Mir. Blaeweltraotor. who bad suffered is hie trrie mut veratatioala eeaseqsesee of thrtailiarke eoasolaed is 114 allegedlibeL Thew ease was eked: made MK la *Alsace. sad The Airy, soder ibe Leproed Judge's directions, found their verdict for the Plaintiff--Damages 201. TDB NINO •. RUSPINI AND OTHIRS. This was an indictment against Mr. Ruspini, the dentist, of Pall-mall, Mr. Powell, an assistant of the inner, and Mr. Davy. a Solicitor, for an alleged con spiracy to defraud Mr. Temple, a pawnbroker, of Pan ton-street, Haymarket. The gist of the charge was, that the other defendants, knowing that Mr. Ruspini was a bankrupt, and that a Commission bad issued against him, had pawned certain articles of plate with bim, and received thereon 201. in order that they might afterwards be taken out of his hands by virtue of the Commission. Mr. 001IPIRT. Mr. Bow.ann, and Mr. CoMYN con. ducted the prosecution; Mr. DINMAN appeared for Mr. Rospioi. Mr. WALroan for Mr. Davy. aad Mr. ABRAHAM for Mr. Powell. There was net the slightest evidence to affect Mr. Davy ; and epos the whole of the transaction, The Lona thugs JUSTICZ charged the Jury (the defendant's ease not having been heard), that they must find the defendants net guilty, there being no evidence to support the charge on the record. For any thing that appeared to the contrary, the motives of the defendants were honest and bona fide, the object apparently being to raise money in order to avoid the ruinous consequences of bankruptcy. If this was tbe sole object of the defendants, as it appeared to be, the indictment could not stand. WRIT V. FRANCIS. This was an adieu against the defendant to recover a compensation in damages for exposing to sale cer tain piratical copies of prints representing certain me )9-dramatic characters, without the leave and license of the plaintiff, who had the copyright, contrary to the statute. MARRTAT and Mr. RI&DKR conducted the plaintiff's ease, and Mr. Dartatete the defendant's. Several witnesses were examined, who made out the plaintiff's case, as alleged, and The Jury found their verdict for the plaintiff, da mages one shilling; subject to the opinion of the Court upon a point reserved, whether the case was 'within the statute. COURT OF COMMON PLEAS, Due. 7. •ERR AND °TIERS V. WAND, CLERK. Thir cause again oscupied the whole of this day. Mr. ScsearrT opened the case of the defendant is a very long and elaborate speech, which lasted nearly two hours; after which much evidence was gone into, '•ief object of which was to establish the fact of of Mr. and Mrs. Cotton subsequent to the two eldest children, and in support of certificate of marrisge was produced, purporting deed by Mr. Sweetapple, a Clergyman ; usually entered into upon the occasion married by licence was producsd, and seve ... called to prove the hand-writing of Mr. Coto., sad of a Mr. geynold, who was for steward of the Duke of iiimistost, and who had ihe bond jointly wish Mr. Cotton. , ceptietts were - taken by the plaintiff'. , ... 1 , F t i :.,: • , . j , F 4 . ; 4 , 1 . i chief objec the marriage birth of the ti this, a certifies to bare bey alio the bond of persons ma ral persons ea William Cott( mer)y a stewa I 1 4 were,. into tI &renal exc `! It • .0 111, M f T v' ~ Counsel as to the jeflof potties and inn& We understand mere witnesses ibis OEN IRAL wiH reply, and before the sloes of Ardis,. day the cue will most likely be 494094 The Court did not break op until after 7 o'clock. CONSISTORY COURT. FILIDAT e Dec 7. OPPICS OP YDS JUDOS P. DII. CLAMS. Os the sitting of theCond this nsoraing, the a Defendant being in attendance, the stacks exhibii against him by Archdescos Weellaston were mad Dr. Adams. Them articles set forth the alleged 'malmsey of the defendant towards the Archdeacon, in refusing bim admission at the great south door ; as likewise at the chancel door of the parish church of Great Wal tham, Essex, over which the promoter is Archdeacon, and the defendant Vicar, on Tuesday- the 12th day of June, 1821, when the promoter, by virtue of his of fice, attended at the Spring Visitation, thereby opposing and obstructing him in the execution of his datraforesaid. These articles concluded with the prayer of the promoter, Nat this Court would ad judge and punish the defendant as the law dine* ; and further, that the Court would restrain the de fendant fresh the repetition of such offence in future ; and that he should be directed to pay dm COW of this suit. Dr. CLANKS here aerial to read as *diens be the Court in Latin; but was interrupted by that Jadlts, who begged to call to his notice the expeiteacy that the line of defence which the Rev. Defeudant most to advance, should be cossidered by him, with the assistance of Counsel, whether his interest was to make an obstinate defence, or to adopt the milder course of excuse or apology. Dr. CLanse—ln other Cowls I have bees misled by Professional Gentlemen, and therefore I think I can myself best explain my motive's and feeling to the Court. The Ju Doz—Be assured yes will not be misled bete. Dr. Caagen—Certaialy not; for this is one of the most learnd Courts is the Kingdom ; and I have only to say, Sir Christopher, that I meant no disrespect to the Archdeacon. Dr. SWAIIET, as Counsel for the Archdeacon, inti mated, that as Dr. C. be undertood, was prepared to deliver in an affirmative issue, the Learned Counsel was authorised to state, that it was earnestly wished, on the part of the Archdeacon, that the judgment of the Court might be as mild as the law would admit under the following circumstances. Dr. CLaaaa--Sir Christopher, I beg to plead an affirmative issue, since it is the wish of both parties the Court should proceed to sentence. Sir C. Rontesotr, in pssslag sentence, observed, the Court should attend to the wish If the pronaolaw, in pronouncing its judgment with its mach lasing, as the policy of the law would admit. The offence charged was undoubtedly one of enormity in a clergy man, especially whose duty it was, not only to assist s but invoke assistance to the authority of the Arch deacon. The object woe, that the Arelpdeacoit should insiieet the church, for the.platjeas ARAmishOgiat repsire were wanting, abd to reitenlyilaMtli si i t lea towards preserving the public propertjaprelb. If the clergyman refused to afford such it was not to be expected that parochial pergolas would do otherwise than follow such example. The Court would, without going Into the formality of the arti cles, suppose that the offence bad in this case pro ceeded from error, rather than aurdeliberate disre spect to the authority of the Archdeacon. The Court would content itself (without inquiring into the full extent of punishment which the policy of the law awarded in such case) with pronouncing that the de fendant be admonished to refrain from committing any such contempt in future; and that he do fnrther pay the costs of the present proceeding. ROTTKII V. COCKLE, PALSKLII CALLING Kin n/ ROTTIN. This was • nit of nullity of marriage, preowned by R. T. Rotten., against Sarah Cookie, otherwise Rotten, his wife, on the ground of minority on his part, and non-conseut of John Rotten, his father. The marriage, it appeared, took place at the parish church of St. Ann's, Westminster, on the 20th of Oct., 1816, by license, upon the oath of the husband, that be was then of the age of 21 years, and upwards, whereas it appeared, by evidence of certificate of baptism, and other proofs, that he was of the age of 19 years only. The fact of such marriage having been solemnised without the knowledge or consent of the said John Rot. ten, Esq., the father,, and his baying expressed much grief and displeasure at the same being tommouinated to him a month after. This was deposed to by the affidavits of several witnesses, and there being no defence offered on the part of the wife, the Coart proceeded to peas sen tence. Sir C. Roxixeow observed, this ink a firecaticlig under the Act of Parliament, which directs, that all par ties under the age of 21, not being a widow or widower, who shall marry by license, without cousent of paean! or other lawful guardian, such marriage shall be null sad void to all intents and purposes whatsoever. If any thing appeared to shew, that the party fleeting his re seedy in the present instance bad been guilty of such ,• _ _ perversion of conduct as to tame advantage of an act of delibemteperjury on his part, in sweetie* that be was upwards of2l, the Court would net he restrained from animadverting in strong terms, on an attempt, which was contriving- to abuse the law of this country, is taking advantage of the Act of IParlianment, ao void slut marring. ; bet such being the law, no part of hie con: duct, or its being his own act, cOnld Make this marriage good, from his being a miner, and wanting the consent of a lawful guardian. Under these ciainntstaaces, blow. ever, which had bees setiefecturily proved, 'lb* this marriage bad bees selanntzeefeeatrart the Act of Parliament, the Court had no altermitilea bet le pee pounce suet starellbse null and void.. MAOKD V. atAIIND. • This was a salt of divorce, brought by blaitad against her husband, James Maned, by roan of adultery. the _ The evidence Is ease having been read, it submitted! by Dr. LesatioTou, 'Mewed on the side by Dr. Deems, that as mpbsitive set of mitt Coati weelti amidst the mere eir ape* which - It - was sought to later trae htiperfeet sad idialEcieet. . commented upon the evidence at esasiderable length. The libel pleaded the matiiage to have taken place In 1895 ; silica which it described the hoeitemil SO have lived la one medalled series of adalr teresseollscourse. It int charged an adulterous inter comes whit a lady aimed Beaks, at Winchester; but the piety peometing the any Mad net relied upon that charge, so he as to examine milieenenspita It, further than a letter addressed to the defendant, because of the diffi culty *high presented . Itself. Beyond an iseereepted let*, that charge, therefore, was set samtleatly proved. The libel bolter went en to charge en adulteress an wlth a Mrs. Howard, esseaseacing where that lady ' lodged in North-street, Red Lion-square ; and wits the sane female afterwards, residing at Heater. The first account of the business was given by Mrs. Duncan, thelady's mother, which was, that in 1815, for the convenience of family arrangements, she, her daughter, and son-in-law, went to reside at dowries, where they ;eradiated to live with deponent for son e time. The husband, it appeared, was a traveller in the house of his brothers, Maud and Co. of London ; and although his habits of business would allow of his leav ing by four or five, be did not return home till nine or ten at night ; and on Sunday's he generally absented himself the whole day. The deponent, in 18'20, in con seepseace of an anonymous letter she received, went with a Mrs. Foster, who accompanied her to No. 19, Craven street, Hoxton, where she watched Mr. Matted bone, and be appeared to knock at the door, as if be was maim of the house. This was the house is which Mix Howard lived. Thee then approached the front parlay window to watch low things went on. They ob served t he meeting was friendly and kind, but nothieg, of indecency; it looked like that of a wife re ceiving her husband. Mrs. Foster continued longer than last witness to watch their motions, and corro borated her statement, that they appeared as if very 1 fond of each other. She considered the familiarity between them exactly as that of husband and wife j but without deposing to any act ofadaltery. Hannah Brilliant lived servant with Mrs. Howard, who me* pied the house, and let the first door. There was not a day that Mr. Maned did not come there. usu ally came at four, and stopped till about nine the evening. On Sunday be came at ten/and %1 eta did not know bow long he stopped : h lie and she went to church. Deponent knew the have been in the bed-room together. He used to re to wash his bands, whilst her mistress put on ings. De ponent never found the bed-room door 1 d but once. The blinds of the room they used wer sometimes down: When Mrs. Howard's brother and uncle cause to see her, Mr. M. used to go out oftbe room, and secret himself in a room on the second door. She used to call him her brother, and My Dear!—Had seen them shake hands, but never saw any improper fend daritiesbetween them. Had deponent not thought, in reality, that he was her brother, she should have observed their conduct with more suspicion. Several of the neighbours, occupying premises ad jot' _ ___ _ _ _ sing, spoke of familiarities betoien the parties, by taus of overlooking the parlour Boor; the chief of *nee wev.., that of sitting on his knee, with her arms ;roilnd his neck, Ind kissing him. The inferential 'conclusion in the minds of other witnesses was, tbst she must have lived with him on the footing of a her mistress; but no positive set of adultery was deposed of llunt bee thus as nireametsedel. evislesen: The Court, however, upon the whole of the ;Arenas stantial evidence disclosed, together with inferential con clusions operating on the minds of witnesses, although matter ofornion, was by no means satisfactory evidence, yet it was, upon the rules of evidence observed in these Courts, from the facts disclosed, that such forensic in ference (in the place of positive evidence), upon which the Court would come to the conclusion hat the wife had established her case sufficiently to br entitled to the relief prayed. The Court accordingly pronounced for divorce. ga1112.141±44.1.4.m..my*"....1.64.61e TIMMArib Moe of the hao4ll-wathig of thou 1110 bowl 001'4 the COW a t lama distetsioo INA SW. ottoshuttisl Odense two* the 61,240 llamas to cell ahw tho athateroos intercourse a g, .wises s noosing, do Soucto Mt e ► ltoinssox cons __ --L- -1 . . c._ .___.... 'pc_ OLD BAILEY, Ric. 7. Charles Yates was capitally indicted for burglarionsly breaking and entering the dwelling-house of Robert Beacroft, with intent to steal.—The prosecutor resides in Whitechapel, and is a coal-meter. On the 24th of November be left his house in the evening , and on his return, about nine o'clock, he saw a light in the house, and on looking through the key-hole discovered the prisoner and another man in the passage. One of them had a light. He immediately unlocked the door, when the light was put Get, and they ran away by the bask door. The prisoner was soon after discovered in a privy at the back of the house, and a phosphorous box, and a number of picklock keys were found on him. Guilty— Death. _ _ _ Frov. Baleen and Jayvee Jones stood indicted for stealing en the 23d of November in the dwelling-honse of Sir W. Adams, a box-coat, his property. The pri soners were seen to go down the area by Wm. Goddard, a servant of Mr. Lowndes, wbo resided next door, and who on seeing them with the coat immediately shut the gate and rang the bell. Wm. Hooper, servant to Sir Wm. Adams, corroborated the testimony of the former witness. iy of the The prisoners said nothing in their defence, bat Jones called two witnesses to character, the first of whom, a soldier belonging to the 88th regimen', to which ,he Lrisoner haCaloo belonged, said that his name was yons, as that be was a - deserter from the regiment. inseierlfirLxv.--Frisoner, do you wish that 1• should examine this witness for you ? Jones confessed that he was a deserter, and said the witness had some to apprehend him. Mr. Justice BAILZY summed np the evidence, and the Jury found the prisoners Guilty of stealing under the value of 40s. The following prisoners were also capitally convicted: William Page alias Warren, aged 21, for stealing a mare, the property . of William Hewett.' Henry Truer; aged 17, for a burglary, and stealing four sheets, flic. the property of Wm. Airly. 1• POLICE. • MAxstox-nousa.— Yesterday Infllant Josses, a porter in the employment of Messrs. Johnson, Stratton and Holeb, grocers, in Nicholas-lase, Lombud-strest s was brongbt before the Lord Mayor, on • charge of having robbed his employers of a large qaantity of tea and coffee. Forrester, the officer, stated, that on the night • of the 4th he saw the prisoner going down Petticoat , lame loa4ed with a bag; : be stopped him to ask what I be had got, sad where he bad it from. In consequence of the confused manner aid sesatisfectory answers of . thoprisonet, he took him into custody and lodged him in the watch house. Tile bag was filled with tea, and assettaining that the prisoner was a porter in the em ploy /of tin prosecutors, be went to the stables, of 1, whisk be had the ears, and found 14Ibs. d roasted litotes contealel. owe at the am stated, that he Liiie ve d L a; ar m. coffee Amid. - spoil the prieenei to be their do The prisoner bad th e eipportaaity .at pkig is l at pes o! " • from the open chests the warehosee. . ' The prisoner declined ateekadeg for the of the tea, further thin by deayiag that it eases ail of the stock of his employers. He was fully mined for trial; sad tbi earths bawl ofiat s e • cute. ► 64 appeared it tirle: talky, in essesey. violet a maim witch had bou t issued upon the leformstioa fit isms mew, charged her with obtaining mosey from them iiy fi a t The defendant was called Mrs. COoke, and ma w that she bad now the means of dlocharging debts. ' The Magistrate directed that her preseeitett elsig come forward with their charges. A gentleman present said, that he was a seld ie and had received instructions fromseveral ' some of whom he named; to prosecute the but be believed there was no evidence • against her, as she had found means to He thought it right, however, to mention, Cooke, her huband, was then outside the dfiri slag office. But there was no charge, he s a id, The Magistrate asked the defendant witilki*.i band's name was ? She replied, dames ces i x 4 . He then ordered an officer to go out and Ateh bra b~ Mr. Cooke immediately appeared, and Wi k g siva by the Magistrate, if be was the defeeihiers edisaite he replied, that be was not quite cartels ow let he eras or was not. , His doubts upon that sal* arose 'from these eircutittuces:—ln early life he laces, tracted a marriage with another woman; and at asst. eminent period, the former woman Wag still alive, it married the defendant. The latter, however, hati ag indicted him for bigamy, be was tried at the 04 Bailey, convicted, and sentenced to transportation Ir seven years: but his Majesty having been incises), pleased to grant him his pardon, he was now at a lest to know whether the defendant was, at preset, Zia lawful wife Or not. Not aware of the fact as to 111111. tber his former wife was living or dead, he rather be. lieved that, unless he married the defendant over agile, he was not, in point of law, her husband. : 4 ! Mr. MINIIIIIILL told him if he were to marry dale. fending again, during the life of Ms fret •ltr, he would be guilty of a fresh o*ense. Upon sumo further investigation it appeared, that &nee Mr. Vooke's conviction, the defendant had be. come entitled to a considerable property, to the sesta of nearly 8,0001.; which circumstance having pee duced some effect upon his naturally forgiving dhp.. silicon, he became, notwithstanding her pretends, of him, reconciled to her, and, as she stated, occasioaally lived with her since. She also said that be condoled the management of his brother's estate, who vas gentleman of fortune in Cambridgeshire. Mr. Cooke having, with sotue difienky, suemefild' in satisfyiag the last of the eemplainaets,—* wean who talked of having been swindled eat of some plats, —nobody came forward to prefer say accusation against the defendant, who was consequently discharg• ed with a suitable admonition from the Magistiate. 111•at.nosoven-sTairmr.—The ease of threwilg Thayers oat of a wistiow.was-egala WOO*, vs,. serday v bed ire.pow "line Sig 40.11410. 'were fensanded, as Thayer stillAwniiins in a dowse state. Qusex-sousaa.—latroarsai Ire POSTAIMMILIon• Yesterday, Mr. Adams, a Possiaisitie, pieadcil w tes information., the first ander the 17th of Orarga the Third, charging him with nes hawing Ms Cistisfiaa and surname, together witlsbis plass of abode, paints& on a conspicuous part of a gig which he had for biro; and the second under the 25th of George the Third, for neglecting to enter in the Stamp Office weekly as count, thereby neglecting to pay the duty. 'He was convicted in the peneity of 101. fur the first charge; and being liable to the penalty of 201. fur the seeped, he would have had to pay it were it not for the Solicits of the Stamp Unties urging the dismissal of the ems THE FORTUNATE SURMISE; oit, A DUEL FILESZETIE. NEAR PARIS. each feeling of anger to smother With honor, by civilly shooting each other Two gentlemen set, one array'd in bright ROOTS REFLECTION'S Goo forms, like two mirrors, that bore; The other of seemilig lase tasteful pursuits, Saone, nearly emaceard by full pantaloons, wore. As neither to preference chose to aspire, 'Two settled that both the same moment should Orel Each waited the word then the trigger to draw, When lo l in the Jet of resplendent eclat TbepantoloonsW duelist saw with surprise, Two new and mysterious antagonists rise Of Welkin stature.—alertly awake To every proceeding, appearing to take Each vision its post in the Jet. and command Thus waiting. with pistol extended in hand ! " Yet stop!" be eiclaimed,—" I came in hither in right , " Of honor, wig only opponent to fight:— " And whence then is this. that against me I see el Oppos'd plies of one. even antagonists reinter His second approaeh'd him. afraid dwithis bake Some sadden derangement was doomed to sesta* When low'ring his min, he pereeit'd that such shoat GI mrisery, a shadier motion displap'4.l44. s - " &hold." be exclaita'd,—" they don eurteiimew " These Sprites, that adhere to the flo, e'sjedfcowl" 'Twos then in the Mirror-like Jet while es di gawk' Was thus of reflection minutely pourtray'd, That hostile intention gave way to delight, And Harmony hasten'd these foes to mite; No future esteem for each other thence lacking. Cemented ht friendship by %Vane en's Jet Blacking! This Easy Shining and Brilliant BLACKING, Prelate ( ' b ROBERT WARREN. $O, STRAND, LONDON; and sold in every Town la the Kingdom. 1.19010. In Bottle, 6.1. 10d. and IN. each. Vot Pure BLACEING, In Pots, (id. lild. and led. each. A Slid ling Pot of Paste is equal to Pour Is. Bottles of LiqIIIL *** .•.bk for WATotelk's % if; MARRIED. Mr. MkhaellAnyd, of Cross, near Newsy, aged 0 0 1° 44 to Miss Lerida. of Keggall, a pretty girl of IS At St. Miryfebone church, on Wednesday last, Joao, Wedmore. Res,. of Chapel-street. Paddiegiso, to i•"' Renrietis Robinson, of Alaida-place. DIED. Os Sunday lest, at Ripley. Sammy. in his tett leer. Robert Harrison, Esq., formerly of Mansieehouse - Oree t • banks,. Ida On Thersdav lest. In the ?Ist year of Ws age. et tatbet!* betas, the Rev. Caleb Ream, third sea of the Res. Dr. Evans. a most amiable and neeomplioleed yoeth. basted' and regretted by all who knew him. Loidose : Edited. Pritited. and Published it the °See of " Tans i ATIOU " Red Oenteurrortere( ). No. I 9&. Strayed. apposite St. Ctemeet's • Paper w.tangu., LI. R., to Wow all Cement Orders, Ste: are rtqesestea to idarewd. ' • .• W I ~~, ! I. , g p^'r • ,i- ~~ :<