The Statesman. — London, England, 1809-06-28 00:00:00

Ait -.so— COURT OF KING'S BENCH. .~ . LAW INTA:LLIGENCE. • CONSISTORY COURT, DOCTOR'S COMMONS, Tuesday, June V. PORTER AGAINST TATLOR, VALIUM LUISE* REUEL/ PORTER. . 4- This was a snit of Nullity of Marriage Ilwefight by the husband avainst the wife, and it emirs en before the Court by Pdon. It appeared In this case, that the parties were married by banns, the lady assuming the mine of Elisa Shepherd, instead -of Hannah Taylor; which was her real and true Same ; the reason assigned for this was in order to deceive the father of the husband, in case be ehould hare any objection to such marriage. Sir Wm.Soutt was of opinion in this cue, that under these circumstances it was a sufficient ground for him to pronounce the marriage to be null and void. 4 IrOWILSIND • N D MARTIN, ESQRS. D. PEN DOCK SARIS Y I` LA I.E, E.SQ. This was an action brought by the Windsor Herald, and the Blue Maude of the Herald's Col. beget against the befetadant, a young gentleman of family and fortune, residing in the country, to recover the sum of 980 L. 1 ls. bt•ing their charges fur an investigation into the Defentlant'a pedigree'. The charges were fur tracing it through 9,36 de• scents, by which it appearod that the Defendant was descended from Kings of Ireland, Wales, and Jerusalem, at 58. a descant ; fur-deriving-the coat of arms through 426 coats, at ss. a coat; for making sketches of the,- arms, and for travelling eapenees, to visit the Defendant, at his house in -the country. Mr. Arvoasele GIISIMAL, for the Plaintiffs, said, that if a man chose to purchase a fool's-cap, he must pjiy for it : 'goitre stalltitiam facies isle *pos." The Defendant ought to have bona' contented with his riches, amid sot to have sought the dignity of blood ; for, nowatiodsys, " stem. rata quid lacuna." The Learned Attorney- Geueral read several letters, to prove that the Defendant superhsteaded the research into bis pe digree, and saw how it was proceeding ; and the Attorney-General undertook, could he but te pin the draft of the pedigree, which the Plain. tiffs ted delivered to the Defendant, and which the "Defendant bad destroyed, to prove that not a llegis one of the descents, the tracing of which had been charged fur, was suppositious, and riot warranted by evideece. It was proved, that the references to the hooks of the college iu which these descents were traced, Were made on the draft pedigree, which the De. faidientrhad destroyeJ ; and that it would be cc. usury to go through the whole research again, to order to prove the reality of the descents. Mr. GAfteow, for the Defendant, adverted to the emphasis with which his Learned Friend had talked of his client's fool's -cap, and had heard it laid down by all the Learned Judges, before whom he had the honour to practise, that when a young num came to De fitted with such a cap, it was the duty of the providers of it, if they did not at. quite a character as something else than fool', to caution the young man against so expeisive an ornament. That the blood of one of his client's fingers was that of an Irish King, of another that of a Welch one, and of a third that of a Jewish one, was something too ridiculous even for a Windsor Herald, or a Blue Mantle to cram down his throat. "The Gentleman Woke at me," coo. tinned Mr. Garrow, 66 as if I did nut treat him With proper respect ; I assure hint I have all the rispect for him, which the Learned Mr. Justice Gould had, when he sat down upon a Herald, mistaking him fur an arm-chair." The Learned Counsel had not the least doubt, but that, if any body were foolish enough to wish it, a Herald could make hid related, in au equal degree, to either Shem, Ham, or Japheth. Ae remembered a Learned Friend of his, who came into Court one day, prepared to trace his client's descant lilt neatly from Adam : 66 Spars yourself half the trouble at least," said the Judge who presided ; le we'll be quite coisleht to take it from the de- Inge." The fact was, that by the help of mo dern antiques, a Herald could prove any thing : old deeds, old wills, or old tomb-stones, were the principal materials of his fabrications. The Learned Counsel alluded to the ingenious old tomb -stone, which was deg up by an attorney, itm order to prove a title to the Angel estate; upon cross-examining this tomb-stone a little it ap. peered that though the sexton had been digging all day for it without finding it, the attorney took the pick-axe and dug it up directly ; and this was thought a decisive reason for disbelieving the old tomb.stone. There was nobody in the king dem who might not have his coat of arms when. ever he pleased, and cbuse to what great family he would be related : every body knew the story of the pawnbroker, who, when, upon going to the Herald's College for his coat, he was told to apply to the Rouge Dragon, ran away frightened out of Ms wits, and declaring he would have no. thing to do with any Rouge Dragon. The Learned Counsel contended, that the Plaintiffs ought to have proved the quatasughoweruil of every item of their demand, and he particularly 'with. stood the charge of 321. for travelling expences in their visit to the Defendant, at whose 'home they were sumptuously eutertairted on a shooting party for a fortnight. Lord ELLIXSOROUGM said, that if people would have luxuries they must pay for then • and that as the Defendant had himself destroyed the draft pedigree, he must suffer for the failure of proof which that destruction had occasioned. lie thought it advisable, however, to snake some thw duction from the Plaintill's charge; and hr OS descents that were traced were included tie 4t6 coats, the separate charges for the de: scents might be disallowed ; be also thought some didaction eight be made for the travelling ex po** of & journey, in which there was IN charge for business done, and proposed the allowance of Od. instead of 23. dd. per mile.--The Jury fused a verdict 'tut the Plaintiffs—damages If& lle• • THE . cotorrbr.oommom Make. . • ...:.., I 1',.. 1m . . i 0 i L t . .. .'• ' . • . "Tirtiderr June 27. S rin, Ili "I inelleanibefore Sir Jaws* M ANS -4..; ••;•, ~, -, • . 11 1!" ' ' MUD. • , . 44 Ittrame—that seta eitrevece should be, 'TN " 'Twiat iweidie-thiss slid Tweak-des." S. tjuttaur v. nave moon, AS EXECUTOR or Ma ~., ( I .ipare cox.. SIOTRINIRLL. The;Phlietilf is ran eminent musical composer and teaehieti mod, the Defendant ostensible exec'. tor of the hieoColoncl Bothwell. This was aft action commented to recieterfselm the Defeadhat a sum of above 6001, said in be due to the-Plain tiff by theleteColonel Bothwell, for instructions upon the German flute and other musical inure mesas, and for personaldittemitnce and perform. attce at private concests i gen lfy the Colonel sines ''' '• ' the year IBM. •• I me ti• The Plaintelr ini i cla *ere snpeorted upon the evtdence of several witnesses, amongst whom were three eminent musicians ; and the purport of their testimony was, that the Plaintiff•had been frequently in the habit of attending at the house of Colonel Bothwell, in Albemarle-street, Picca dilly, and also at his residences at Hastings and Bath, as musical professor sad instructor. .The witnesses themselves had performed' at those places upon such occasions ; and the concerts were always under the direction of Mr. Ashley, to whose masterly suggestions and direction mach of their eclat was owing ; and they were of opinion that his claim for inch services was fair and moderate. The witnesses on the other side maintained, that Mr. Ashley's attendance on Colonel Bothwell's coneetts was merely as an intimate friend and companion, Cud nut with any view of professional pay—that he was hospitably entertained at the , Colonel's table, and always received as a visitor rather than as a tutor. No demand for paysiMit ; was e'er made by the Plaintiff, from the WO. mencement of his ectittalotance with the Colorsiti until his death, shortly after which he sent in his bill to the executors ; and so far was the Colonel from considering himself under any pecuniary ob. ligation* to the Plaintiff, that on a particular oc. elision he presented him with 501. as a compli. went, conceiving himself sip indebted fur his polite attentions; but Mr. As ley returned the stun, std declined to accept ito. such remuneration.— allt did set appear the Pi tit!' bad kept any regu. lar account of the number or dates of his atten. dances, but had lumped his account In a gintor4l demand. Sir JAMES MANSFIELD summed up the evidence to the Joryiesarking the contrast between the ell deuce on both sides. He was utterly at a loss to conjecture upon what ground such an action could he supported. No evidence of contract spphared ; and it was, at, least, a fair presuctsp. ti t an, that the Plaintiff expected no payment for Ins services, whatever they were, after the refusal 'of 501. tendered to hint l . cs If, however, tint Jury could find therchad bean any speesfic contract, di rect or even implied, it would then be for them.,ta consider what damages they could sward. Part the Plaintiff's demand was fur..services rende seven Years ago, bet by the Statute of Limits. tion, be could only recover for what had been done fur the last six years.. 1 RATES S. RITTER:SION. the Plaintiff is an auctioneer and house agent tdiin 1V lbe it tepet C d* h 9 1, siding II t. -I ) *MI Do -square— Defendant a Gen n of fortune ; and the on was for a sumtteor63/. ss. the amount of ( %snimlision upon the *ale of a house belongs to-thti'Defehdaat, at Walton upon Thames, red for 30l$1::' The Elefodant had paid 101. Into Court. The cattle was sheillr this : The Defendant had entered upon the Plaintiff's registry books a de. scription of his house, and desired that persons applying should be referred to the premises. 4 consequenceof the publicity given to this descrip tion iu the Plaintiff's catalogue, a Mr. 'ruttier ap. plied, and was referred ; sad after some negocia. tion, in which, however, the Plaintiff did not ap pear to use any personal interference, farther thee by referring to the premises, Mr. Turner pur. chased them for 30751. It was proved, on the part of the Plaintiff, that's card of the usual coos. mission 'fees was shewn to the Defendant on bie first application, and that he made no objection. On the part of the Defendant, much stress was laid upon the excessive charge made by the Plain. tiff, who, it was contended, would have been am.. ply compensated by the ten pounds paid into Court. A witness for the Defendant also swore he was present at one of the interviews with the Plaintiff; that no card of commission fees was shewn to the former; but that it was mutually understood the . Plaintiff was to interfere no further than merely to refer applicants to the Defendant, who was to take the trouble of negotiation. The Jury found a verdict for the Plaintiff--Da. naps 301. . The defence was two.fuld. Ist, That a farmer of the name of Manning was in fault, who had Wrinkled* mooed receipt for the same upon • pre. tenet that he bed lost the first. 2d, That the Clergyman was inaccurate in his recollection, and had really not paid fur the you as he alleged. The Loan Cense BAILOti, in the course of one of the must distinct and accurate charges to the lay that ever woe pronounced, pointed out the Mae/ of the first, and improbability of the se. wad ilefea cc. the Jery reeked for some time, and then found a verdict for the Crown. Mr. Also?, In the absence of the Solicitor_ General, conducted the Prosecutinn ; and Mr. KsowLis, the Common Serjcant, the defence.— The case, bough short in substance, occupied the whole of the day. COURT OF EXCIMQUER. FRAUD IN COLLECTING TRE REVENUE. TUB ZING V. GRIFFIN. This was a prosecution instituted by the Board of Taxes against the Defendant, a Collector of the Property Tax in a village in Norfolk, for the penalty of 100 L incurred for his having fraudv. lently charged the Clergyman of his parish, the Rev. George Knight, with doubleitie sum which had beetkassessed for one year, which extra charge he had not paid to the Receiver-Genesis!, but had converted to his own use. rested evidence of the '"" ' . , 27.—A Mr. Jones charged stealing from his person a some loose cash, amounting He stated, that as he was )t, he was mat by the pri who accosted him, when, I near his pocket, he put to ascertain whether his ill.founded. lie found pocket, but one piece of she delivered op the mu. gave her in charge to • ..aiiveld the fire-pound note, re , bMwu •Lr •► id, be replied to , to auucipate.— . he The case rested chiefly upon the evidence of the of Clergyman, a venerable man of 70 years of ge l GUILDHALL, JUNE 27 'le who said, that he himself bad 01 for his tythes Mary Newman with stea 1e.. , fee one year to the Defendant;., it taken a rs- Ive.pound aute l lnd som kg but had found that sae t tenant% had to near seven pounds. /I in paid for one half of the sage t :SW *author reterning home last night Ic. for the other s hait.yglv s de* 4 N oat senor, seer Greed-lane, me from the rent. Upon b . ** Notis f • 1 . .14 he 1101teving fib felt her hand appliesito thabofendan• r , •his hand into his clothes rge nation s and the restores. ~ 'Mons Weft well or of bad hews tivertharged, but th, i t s• "",ifbthing semaining in his iry souidtkasestiay nothing at all on ‘) ti••• - se t •AA; he 'eked her, and ges other times wily treated hits with Li47 e expr T es Immediately .T irnprehiw lln language. icks i.ews t • ; who .produci re htllt know.. . •Lr;) • roalloti to . . CLERKENWELL SESSIONS. Tuesday, June 27. The cases of Jestes Isaacs and Elias Isaac', for perjury, in an affidavit sworn by them against a rule to show cause, stood for trial to -day. Mr. GURNEY and Mr. ALLEY, fur the Prose cation, applied to have the cause of Elias Isaacs flied first, be being the persoti principally insp. sated. The Defendant, Elias himself, who is an At. taiwey, strenuously opposed the trials changing pianos. In two hours he should be ready with b tritneeses, and he also, within that pitiod,, =st . l Mr. Serjeant Vaughan to conduct his At the same time, he mit slit an in deaden*, fur bailout hoer for the other Defendant, Jim Isaacs, his brother, who had been in Curt, bet who bad gone out a few minates ago, not sup_posling the case would come on so soon. Mr. Gomel- offered to postpone the case 61 Elias Isaacs for en hour, if fie would undertake that Mr. Serjeaut Vaughan should then be is Court to conduct his defence. He insisted, how ever, that the Defendant should, in the mean time, be=itted to the cognizance of the Jury. the Court was about to proceed in the trial, Mr. Isaacs pulled out of his pocket a Writ of Certiorari, removing the cause into the Court of King's Bench, which he immediately presented to the Court, and which, of coutse, operated as a complete suspension of its powers. Mr. GURNEY then insisted on the other Defend ant, James Isaacs, being called, avid, on his fail ing to answer, his recognizatices were forfeited, end fresh process was ordered to issue out against him. William Goodwill, a boy, of 11 years of age, ' the driver of a hackney coach, No. 1053, whi in for assaulting Patrick Crawley, a watch.. i at St. Giles's parish. The Prosecutor wit ilibble beat on the evening of the 2d of February Jot, io Howl.yard, leading into Hroad-street, St. Gile.i's, when a hackney coach came driving vin. hntly along ; the place was narrow, and he called et. The driver, however, drove on, and crushed in against the wall. He cried out, "Do you mean to kill me ?" to which he replied, " 1 don't mind killing a watchman ;" and drove on into Broad-street. He called out, and the coach was stopped opposite St. Giks's church, and the uullsher taken. The Prosecutor was very much imue bruised, and a considerable timc under the hands of the apothecary of the workhouse. The Jury found the I)efendant Guilty ; but reetememoded him to the lenity of the Court, on the ground d his youth, and believing the injury arose rather from carelessness than malice. The Learned Cum MIMI said, the frequency of each conduct made it a public concern, and called fur yu example. *rah Hayes was indicted for assaulting Sarah w idialle. a , The Prusematrix is a Jewess, and her hut. "be /Nap a slop-shop in King-street, and is what le a crimp. A black man had lodged iu F from which he went on board a ship, being taken ill, he was carried beck, on Good Friday last, to their house. The Prosecu. Iris, appreheasive of distemper, refused to take him hi, and he was sent to the workhouse, but died in the act of removal. The Defendant, a poor Irish servant in the neighbourhood, indig. ant at what she considered a cruelty, in refus ing to admit the dying black, upbraided the Pro. seemed*, and assisted to put the man into the chair in which he was conveyed to the work. house, wrapping his blanket about him, and placing his boodle under his head. The Prose. evade &wort, that upon bidding her mind her master's business, she struck her a violent blew on the mouth, and knocked out one of her teeth. She was supported by the swearing of another woman, and her brother, to the same effect. In ertradirtlon to this, six women, who wit. onsed tie whole transaction, swore that the De. fendaot merely assisted the miserable man, and that thereupon the Prosecutrix said she wanted to ' rob him; that the Defendant said, "She thanked God it was not from a Christian's door the black was turned away." That the Prosecutrix then spat in her face; to which she observed, that was what was done on the same day to Jesus Christ ; and, 'clapping her fingers, said, if it was not for the law, she would use her worse.. Tiny were positive she never struck her. Upon this evidence the Jury, without hesitation, acquitted the De fendant. The whole of this day was occupied in trials of ' assault ) wholly void of interest ur importance. , . POLICE. ~ 'ti witich was sworn to by Mr. dorms, and the pri. sorter was fully committed. Mr. Charles Malpas, an attorney, charged two women of the town With robbing him. bentects One end two o'clock in the morning, upon Lud gate-hill. Ha stated, that he had been spending the evening with some friends, and was on his re. tarn home, when he met the two Prisoners; he (M- I tered into conversation with them, and soon mis. sed his purse, which he had put into his inside coat pocket, for safety, containing about four guiaeas in cash, and a large piece of atiitkr. He was po sitive that he lent the purse n hen he first met them, and that he lost it while he was in theircontettet. _lion. They were take , ' to the watch.house, and searched, but no money or puree was foetid. Tne Prosecutor said, he suspected they might have given it to a man who came up at the time he tail. ed the watch, but who is uut in custody. The Prisoners were comtuilited, and Mr. Malpas booed over to prosecute. Elisabeth Site, a woman of respectable ap. pehrince, was charged with stealing from the shop. of Mr. Nicholson, hosier, in Fleet.street, a pair of stockings, value 3s. S.I. Mr, Nicholson's shopmau stated, that, last evening, about dusk, the Prisoner came into the shag, and asked to be shewn some stockings ; while she was examining the stockings, a gentleman came in to purchase 'a pair of dress gloves, awl he left her to wait upon him ; when the gentlemaig was gone, the Prisoner found fault with the quality of the stock. legs, and stooped down to pick tip her handker chief, which she had dropped uo the floor ; the handkerchief appeared very large, when she was petting it in her pocket, which gave rise to sus picion, and which was increased, by her making an excuse for calling again, saying, she was going to a shoemaker's in the street, to receive some money, and would call for the stockings upon her return. She was followed, and brought back to the shop, and the stockings were found in her possession. The Prisoner fell on her knees, im plored mercy, said it Was the first time her Oa- Teeter had ever been impeached, and that she had five children, and an infirm husband. Site was Putty committed for trial. A hackney-coachman was charged by Mr. Butcher, a solicitor, with an assault. Mr. But cher stated, that he took a coach, last night, in Hattcm-gartien, to go to Bishopsgate.street.— I When he was put down, he gave the coachman eighteeit.pence, the proper amount of his fare ; he demanded two shillings, which Was resiqed by the Prosecutor ; the coachman collared him, and a scuffle ensued, when the parties were taken to the watch-house. The it dug Mclennan mean. mended the coachman to make a suitable apelogy to Mr. Butcher, and the parties withdrew fur the purpose; but afterwards resented, and Mr. Butcher was bound over to prosecute fur the 44.- sault, at the neat Quarter Sessions. i From Me LONDON B.IZ lITIT, 1CN1127. ....MOMENo4. BANKRUPTCY ENLARGED. Jalw MaWawa. Qom street. floletes—usaase, tailor, fro" July 8 to Asc. 17, at ten. at Gaildluill BANKRUPTCY SUPERSEDKO. Thomas Cox, Great Yarmslath, rtiro-merchant. BANKRUPTS. Thnmas Hawke. dun. Great Y.trui•outh. millwriatl, to ear render June 29, July 11, wad Aug. 8, at eleven, at the 'While Hone, Great Yarmouth. Anomie., Mr. 111%re. Norwich; and Messrs. Windu... Son, and Holtaway, Chaat• eery-lane, London. Richard Horton, Newport. Salop, timio -e.rnerrhant. July 1 5 1. at four, 19, and Aug. 8, at ten. at the Red Liao lust. New - port. Attornies, Mews. Baxter and Martin, Farnivai-v -inn, Londou; and Mr. Stanley. Newport. William Robert bilrester, ifradin, timber-dealer, July 17, 24, and Aug. 8, at eleven, at the Upt.er Ship Ina, Rea - ling. Attornies, Mews. Mandy and Sanders. Reading; and Mr. Hot nie4, Great James-street, Bedford-row, London. Jam-1 Partner. Hosglium, Lincoln ' d"nler, July 6, 7, and Aug. 8, at ten, at the Swan loots. M aneiield. Anomie,. Mr . W oodenek, Manvfield t and Messrs. Blakelock and Makin -4011. Elm-cnart, Temple, London. Edwrrd Knirbt. Harsieydown-lane, lighterrnan, Jelv I. F. and Aug. S. at twelve, at Guildhall. Attorney. Mr. Bruce. Billiter-square. John Heywood, Manchester. baker. Jolly 10, 13, and Sur. S. at two, at the Commercial IMO, Maaeloeseer. Attnniies, Mr. Hewitt, Manchester; and Mr. Ellis, Chancery-Pane. London. Ribero Swatter. Leeds. wno'rtapler, July 95, 26, and sap F. at ten, at the White Home Inn. Leeds. Ammar,. Alcoves. Lee and Ravnal, Leeds ; a d Mcases. Sykes and )(wales, New Inn, Con , lon. John Gray, Newcastle-upon-Tyne. merchant, Jaly 1, at ele ven, 7, and Aug. 8, at ten, at Guildhall, London. Attor nies, Mr. Grey, Gray's-lon-square, LUlliklo ; and Mr. Carr, Newcastle-upoi.-Tyre. Vomit, Minikes, Fencharch-hwildings, merchant, July 1,14 and Aug. 8, at tee, at Guildhall. Attornies. Messrs. Swaim. Stevens and Maple.. .Old Jewry. Alexander Geddes, reset errb-boildincs, merchant. July 3. l, and Ang. 8, at ten, at Guildhall. Attornies, Mews. Swain, Stevens, and Maples. Old Jewry. Andrew AI •Cullock. Upper Grosvenor-street. navy-agent, July 1. 5, and Aug. 8, at tea, at Guildhall. Attorney, Mr. Eyes. Chapel street. Bedford-row. Thomas Stantforth, RN:frit-IC(011er, July 11. 12. and Aug. 8. at twelve, at the Amt.' Inn, Siveheld. Attornies, Mears- Rimiwgton and Wake, Sbelleld ; and Mr. Mao, Gre- Ole-street, Ilatton-pirden, London. I William Hamill, Chepstow, money-serivener. July 8, 18,snd Aug. 8. at eleven, at theitesuivier Tavern. Bristol. al torniei, Mr. Stokes. Chepstow ; and Messrs. Pete:aid WU balm, Lincoln's-Iw, London - . I/1 Y WENDS. July 21. R.lPell and R. Heftier ' Newcastle - upon-Tear. woollen-drapers, at one, at the Queen's Head Inn, Nevecas tle-upou-T vise. Aug. 5. C. Nelson, Brixton, Surrey, coal-mercbant, at ele ven, at Guildhall. July 29. G. Richards, Corahill, bookseller, at eleven, at July 29. T. and N. Simpson, Northallerton, York, mer chants at eleven, at Guildhall. Sept. 30. J. Yhmest, Seething-lane, carpenter, at ten, at July It S. Sampson and C. Chipettase, Bread-street, silk ' wrens,* twelve, at Gulldbail. Oct. SI. W. Watson, Great Cambridge-street, Hackoey road, builder, at twelve, at Guildhall. 22 July W. S. W. Lam, Davis-street, Berkeley-square, coach maker, at twelve, at Guildhall. July 29. G. Savory, Southwark, victualler, at cleft!, at July 20. J. sad P.Januan. Uanehangel Brimpabran. Bre con, wool-dealers, at eleven, at the Hash Inn, Brecon. July 29. A. Hetherivou and J. &tackle, Drury-lane. per fumers, at elesea, at Guildhall. Aug.& R. Halton, Wunburn, Bucks, utaltster, at twelve, at Guildaall, London. July 19. D. Keeoe, Aldersgate- street, cabinet-maker, at twelve,at Gaildball. CERTIFECATRS—Jumr IF. J. N. Rainer 0:1, linen i taper. I I. Crowther , &I • il lt m m .. te n r T an ott • ott-spinner W. Goulton, 'Selby, York, linen-draper. • C. Wall, frith-.treet, Soho, mases-atemer. J. Tennant, Oxford-street, brandy-aserebtust. LONDON : Primal roml PliblWeeti by D. LoY ILL, at olte STATESMAN CPEVICS. $7, kink-an:CU -