The Statesman. — London, England, 1809-07-19 00:00:00

i 1 1 i i . 1 f . , i i 1 r 1 , 1 i 1 1 ~1 ~, ....: . ... LAW INTELLIGENCE. COURT OF COANCERY. Tuesday, July IS. Ritaisairaw v. 1111211 MOOD. • This was a motion on behalf of the Plaintiff, to remove a Mr. King from being his solicitor, and that he should pay the costs of a former and the present motion. The Plaintiff, who is a man in very humble cir cumstances, had, some time since, filed a bill, claiming an estate under an antiquated family set tlement, the discovery and production of which was prayed by the Defendant. The cause and the upon= of it were undertaken by a person of the name of Newton, upon a stipulation that he should receive 5001. per annum out of 'the estate, if recovered; and he employed Mr. King as soli citor to conduct the suit. In the course of its progress, a brother of the Plaintiff interfered a good deal, and, upon a disagreeineut. with Mr. Newton, made au application to the Lord Chats. cellor, in the name of the Plaintiff, to remove Mr. King from being solicitor in the cause, upon an imputation of delay and misconduct. In order to counteract this, Mr. Newton prevailed on the' • Plaintiff to make an affidavit, disclaiming all kaowledge or approbation of his brother's con. duct, and that he was highly pleased with the con ? , duct of Mr. King as solicitor in the cause. The , Court, upon another motion, grounded on this at. fidavit, discharged its former order, natured Mr. King as solicitor for the Plaintiff; and fixed the brother with the costs. To support this second application for the re moval of Mr. King, and for saddling him with the costs of the present and the former suit, the Plain. tiff put in another affidavit, in which he deposed, that he had been persuaded by Mr. Newton to swear the former affidavit, without being aware of its extent and effect, and imputing to him a design of defeating the claim of the Plaintiff ; but not charging Mr. King with any misconduct, but merely as having been employed by Mr. Newton, and therefore praying his removal. The Loan CHANCELLOR said, that as the eh". racier of the Solicitors of this Court was of es. wind importance to their respectability, he was always anxious to mark escry dereliction of those principles which ought to actuate them with the must exemplary severity ; he was obliged there. fore to wake the former order upon the imputa.- lion made in the affidavit against Mr. King ; but, was exceedingly glad to recal it upon the second application. Upon the present occasion, how. ever great the Plaintiff's cause of complaint might be against Mr. Newton, there was not a, parti cle of blame imputed to Mr. King's conduct. • The Plaintiff certainly had a right to remove Mr. • king from being his solicitor whenever he pleased, paying him his costs as well fur the former appli *cation as the present. HORROCK V. SUPPS. : • . - Mr. Ificr.o, on behalf of the Defendant, .put in another affidavit, as directed by the Court on a former day, in which he.denied, in the must poi tire terms, all knowledge or consent of any in terview between his daughter, Clara itrpp, and Ilorrocks, the infant. lie particularik declared . , his ignorance of Mr.• Hurrocks's intention of vi. siting at Mr. Esdale's, in Haker.street, in the month of May last, until he saw the young gen. tleman there, when he took an opportunity of re. monstrating with him upon the impropriety of his conduct in continuing to pay his address'', to his daughter, and earnestly conjuring him to discgn. tinue his intentions. He again repeated his ,e 0... approbation of the match, and complained of the dangerous saltation in which his daughter was placed, being hourly threatened with the horrors of a prison, on the slighter intercourse • with the minor, ‘sho was at 'this moment hii own master, and might go at any time where he pleased. Ile therefore prayed the Court for some restriction upon the actions of Mr. Ilor. rucks, similar to that which existed against his daughter. Sir S. Itomixxv deolined making any comments, when The Loup CHANCELLOR said he would take the affidavit home with him, and give his opinion to. inurrow. PIZUCE V. WATSON. The Plaintiff filed his bill in the character of Patentee of a particular process for the manufac ture of soap, and praying the Defendant might be restrained from the violation of his patent, by using the like process. The Defendant, by bill , answer, denied the Plaintiff was the first inventor of the process, and his consequent right .to te ex chime exercise of it. The Court, upon this, di. reeled an issue, by the Plaintiff bringing an action against the Defendant, for the supposed breach of his right; and, until that was_decided, restrained the Defendant from the exercise of his claim. The action was accordingly brought, and a Special Jury struck, at the instance of the Plaintiff; and Open the cause being called en at the present Sit tings, oily three of the Special Jury attended. The Plaintiff declined to pray a tales, and the cause went off without trial. The Defendant now applied to the Court, to dissolve the injunction, on the +ground, that the Plaintiff had not obeyed the spirit of his Lordship's order, by being the occasion of the cause nut be.' hug tried, and the injury the Defendant would sustain, by being thereby put over the long Tacit., thin, without a chance of using that which he claimed a right to, in the mean time. To this it was replied, that if the Plaintiff refused to pray a taes, so did the Defendant, who was equally the cause of the delay in trying the issue ortterwl by the Court, and therefore he had no cause of cum. plaint. l i tte LORD CHANCELLOR...." When a posses. 'ion is claimed under the sanction of a patent s this Court does not suffer it to be violated without sufficient grounds, and under this principle the Issue was ordered. The Plaintiff refused to pray a tales, and the Defendant did the like, thereby distinaly admitting the propriety of having the cause tried by a Special Jury. How, then, can I, under these circumstances, dissolve the injune. tion ?" The motion was refused, but without costs. . . THE STATESMAN." ` •. SIMMS V. *LAND. His Lordship gave judgment open the motion In this cause, for dissolving the injunction, restrain ing the Defendant from . cutting timber. His Lordship, after stating the facts of the case (as already before our readeri), declared there was no foundation for continuing it, upon the ground on which it was originally granted, namely, the Isaistence of an agreement that the Defendant should not cut. If the cause was to proceed (which his Lordship hoped it would nut, by the parties coming to an amicable agreement), it would be necessary to amend the bill, in order to enable the Court to adjust the rights of the several par ties interested. COURT OF OF KING'S BENCH, Tuesday, July 18. SITTINGS barons LORD ELLENDOROVONI, ♦ND ITECIAL ,IVRIES IN OVILDMIALL. .DINGSTON V. ANDREWS. The ATTOR T.G ts mat. stated this to be an action against the Defendants, Messrs. Andrews, for nut delivering to the Plaintiff a certain quasi. tity of what is called English Spanish wool, con tracted fur in becember, and to be delivered on the 20th of January last. The Plaintiff bad the highest opinion of these Defendants, believed it wa., not their fault that this wool was not deliver ed, fur they depended upon another, who had dig. appointed them by the want of supply of that ar ticle; but the Plaintiff had no remedy except this action, and the Defendants would, afterwards, have their remedy over against the person who had undertaken, but omitted, to supply that article to them. The quantity bought by the Plaintiff of the Defendants was 120 packs, amounting to 28,8001 b. and the difference upon the price of the article at the time it was bought, which was the price at which it was agreed to be delivered, and that of the time when it was found that it was not to be delivered at all, was upwards of 30001. which he the Plaintiff now sought to recover. Mr. Scrjcant Bast took an objection to the charge being. made to this extent, fur that the dif. ferenco of price in wool at the time of sale, when it was agreed to deliver it on the 20th of January, at that price, and the actual price it bore on that 20th of January, was the standard_ to which to repair for the damsges upon this declaration ; which stated that the Defendant sold this wool in December, and agreed to deliver it on the 20th of January at the market-price it bore on the day of sale. It was true that the Plaintiff waited until the 28th; but that was not his contract, and if he chased to wait, and the price of wool rose in the interim, it was his own fault. lie could not re. cover any thing on that account, unless he had de. glared, specially, that the agreement had been ex tended for those eight days ; and of this opinion was Lord Ect.sunoitontin, and therefore, for want of that statement in the declaration, the Plaintiff lost about a thousand pounds, the da. mages given by the verdict being confined to the price of the ,article on the 20th—which was '2lBOl. -...400.-. MILITARY PROMOTIONS. SURREY QUARTER SESSIONS. • Tderday, July 18. . The greatest part of the morning was engaged in hearing assaults of no public interest. Mr. NOLAN presented a Petition, signed by niuety Insolvent Debtors, confined in the King's Bench prison, praying the Court to order an ear. Her day for their examination than that already fixed, alleging that the debtors in the county gaol and the Marshalsea prison, had already been libe rated, and those of the Fleet prison are to be Jibe. rated on the 25th inst. while they were to be con. tiuued in confinement till the 4th of August, to their injury, and contrary to the intention of the. Legislature; who, at the time of passing the Act, contemplated their immediate relief. The Learned Counsel contended, that the prayer of the Petition was reasonable and just, and urged the.propriety of fixing the day for the 31st inst. Mr. 8R0011511.111 appeared on the part of the Marshal, who ass then in attendance at the Court of King's Bench. He assured the Bench, that every exertion had been made to forward the sche dules and warrants of the debtors • the Marshal had eveff employed law-stationers to do that, which, at the time of passing the former Insolvent Act, used to be accomplished by his own clerks—in fact, no ode could be more solicitous for their speedy liberation than he was. Mr. Brookshaw, however, thought it probable that the neces sary arrangements might be made by the 31st, and the Magistrates unaninionly fixed that for the day. Shortly after this. determination, and when seve ral of the Magistrates had left the Bench, the Mar shal arrived, and declared it would be impossible to comply with their order. He said he would be compelled to the greatest exertions to be ready even by the 4th next, and begged the order should be rescinded. Mr. Nolan opposed this request ; and the Magistrates who had left the Bench were sent for by the Chairman. Upon the matter be ' ing explained, and it appearing that it was not for the Marshal's accommodatiun, but from real ne. cessity, the delay was required, the previous order was annulled, and the 4th of August agreed to. Thonsar Ventour, a broker, was indicted fur an assault on Ann Osborne, with intent to commit a rape. The girl stated that she is fifteen years old, and had lived servant at Rotherhithe-wall, where, her mistress dying, a broker was employed to sell the furniture. It was her duty to mind the house fill the evening, till Mr. Ventour came in. On the evening laid in the indictment, the prisoner invited her into the parlour, w hen he took several indecent Jiberties with her. She became alarmed, and screamed for assrstanee ; he bolted the door, and she cried "murder!" a Mrs. Barlow, hearing the cry, knocked at the door ; prisoner opened it, and pushed the girl into the street. This statement was corroborated by Mrs. Barlow and the girl's mother. The Jury, after long delikradion, returned their rerrliet—Nut BANKRUPTS. ' From the LONDON GAIZETTE, JUL► lg. AdairelipOjke, Jill is, Is®. Extract of a Letter from Captain Goate, Commander of hic Majesty's Sloop the illommito i sidelined to itear.Adtairal Sir Richard Simko. and tramanitted to the Hon. W. W. Pole, dated io the River Elbe, 9th July. 11109. I proceeded up this river with his Majesty's vessels named in the margin*, and anchored not of gun-shot of the battery of Cuxhaven, on ttte 7th inst. and as it was too strung to be attacked by his Majesty's vessels, I was determined on binding and taking it by storm, having previously made the necessary preparations fur that pur pose. At day.llght on the morning of the Bth, I dis. embarked with Captain Watts, of the Ephira, and the commanding officers, seamen, and marines of the respective vessels; the first boats that landed were fired upon by the enemy's advanced post, atid they then retreated to'the battery ; we marched on to storm, but from our apptaratiee the enemy thought proper to retreat, about eighty in number, sb that we took the battav (which had sus guns, twenty-four pounders, and surrounded by a wet ditch) without opposition ; his Majesty's colours were then hoisted un the French tiag-stalf, and 4f. terwards those of Ilamburgli on the castle of Kilsbuttle; we then dismounted the guns and put them on board of the vessels lying in the harbour, as well as severaf other swell pieces uf. cannon, with all the shot Ain! military stores. The battery was then undermined, and, by a variety of explo sions, blown up. I then gave the town of Cuxhaven in trust to the Civil Governer, and embarked all the seamen and marines. Two French gun.boats, with two guns each, which were lying in the harbour, were also taken possession of. Although we did not meet with the opposition that was expected (u the French hid someti►nes five hundred men, at other times about one him. deed at Cuxhaven), yet I think it my duty to in.. form you of the activity and gbocl conduct of the commanders, commanding Ace - , and marines, on this occasion, .as it wits partly from their regularity in forming and marchisig; that in. duced the enemy to retreat. 1"'• Captain Pettett, of the itristikoiimasosanded anent, and got that vessel Utidet iltll4lllll a►sist, had it been necessary. • !Busgeito (sloop). Briseis. Ephirs,:ltribter Centinel, Blazer, Piucher, Bastlak, Patriot 3iclisi)t). Arum cutter. -• • . Whitehall, July 18. The King has been pleased to grant Oa digai. ties of Viscount and Earl of the United Kingdom of Great Britain and Ireland, to the Right Ho nourable Dudley Baron Ilarrowby, and the heirs male of his body lawfully begotten, by the names, styles, and titles of Viscount Sandun, of Sandon ; • in the County of Stafford, and Earl of Birruw by, in the County of Lincoln. Commissions signed by the Lord Lieutenant of the C.mnty of rife. Ist Battalion of Fileshire Loral Militia. James BalGnar N'emyst, to be Lieuteoatit-Colunel- Contmawlant—dated Sept. 21. 180 S. George Aitken, Esq. to be Lieuttaant-Colnoel—da above. Andrew Jameson, Fag. to be Major—dated as above. Jolla Raitt, Esq. to be ditto—dated as abuse. 2d Battalion of Fife%hire Local Militia. September 21, Robert Ananotber, Esq. to be 1808. Thomas Melville, Esq. to be Lieutenant above. George Forrester, Esq. to be Major- dated as above. 9d Battalion 14 Fireal►ire Load Militia. Robert Dangles, Esq. to be Lieutenant-C dant—dated September (21, 1906 Gilbert Bethune, Esq. to be Lieutenant-C, above. Robert Es 9. to be Major—dated as above. Richard Oswald, Esq. to be ditto—dated as above. rbsain Muster. Some — rtoa ;inmenet plumber. 10 , urren ler A.g. 2, at live. 3, aad 29. at eleven, at die Mermaid, Yeo vil. Attendee, Mr. Baser, Sherburne; and Meisrv.Pear, son. Vamp-court, Temple. Daniel Irrlwad, Partsea. tallow-chandler, Aug. at one, 3. at twelve, and 29, at mw, at the 1P re-hone, Parade l'oe-ho, Portsmout.. Attornies, M eer;. Naylor, Great Newport street. lam-acre; and Mr. Glendenning, and Mr. Potable*, Portico. George - — Stu - bhs, Sheiheld, edge-tool-maker, kng. 1,2, and 29. at eleven. at the Tontine Inn, Sheffield. A unmet, Nlesm. Parker and Brown, Sheffield & and Messrs. 'lllagrase and Walter, Sported's-inn, Chancery-lane. William Russell, Liverpool, mer.-hant, Aug. 7,10, and 29, at twelve, at the Globe Tavern, Liverpool. 'litanies ' Mr. Geoege Rowe, Liverpool; and Milers. Cooper and lAine, Southampton. buildings, Chancery-lime. William Sterdman, Bramwell's-buildings, Rose-street, Soho, cabinet-maitre, July 23. Aug. ti, and 29, at tell. at Guild hall. Attorney, Mr. Willoughby,_Clitfortl's-Inti. Jciepb Lines, V i iper Queen-street, Witherhitbe. smith, July 29, Aug. 5, and 29, at tea, at Guildhall. Attorney, Mr. Robilbou, Prospect-row, Bermondsey. John Calyer, Boltnh, Lancaster, cotton-manufacturer, July 26. Au x . 0, and IS, at stereo. at the Ilie,ll btu, Manchester. Attornies. lesers. Foulkes nod Fressweil. Manchester= nod Messrs. Foulkes and Longdill, Gray's-Ina. Joseph Morris, • Chepstow, Aloamonth, shopkeeper, Aug. 8, C and 29, at eleven, at the Rummer Taws, Bristol. At tornies, Mr. Stokes, Chepstow; and Mr. Platt, Tanfield eoart, Temple. Thomas Porter, Jun. Torshavn, Wilts, clothier, Jul, 94 Aug. 21, and 29. at eleven, at the Kings Anne, Melkiham. Al - Mr. Movie, and Messrs. Frond and Bhuldforti, Temple. Samuel Thomas Coulson and .Infin King Coraer,.l.snn seetlarten, July 22, Aug. 1, and 29, at ten, at Guildhall, lankier]. AUtirney, Mr. James, White Lion-street, Is lington. DIVIDENDS. Atte. 22. T. i.. Holt, Itrtuid, - p - rioter,at ten, at Guildhall. Aug. It. R. Naylor, Chigwell, Essex, mariner, at twelve, it Guildhall. Aug. 12. G. and II Pullin.'er, Rapley, Alresford, Hants, woollen-drapers, at one, at Guildhall, I.ooden. Aug. /2... W. Ilan' and W. Aust, Coircross-street, brass founliers' at ten, at Guildhall. Aug. U. W. Williams, Park-street, Islington, builder, at one, at Guildhall. Aug. 10. W. Hopkins, Lewm-street, Goodman's-Belts, silk thrower, at ten, at Guildhall. Aug. 10. J. Dutton. Berwardsley, Chester, cheese-factor, at eleven, at the White Lion Inn, IVhitehurch, Salop. Aug. S. .1. Firth, Bradford, York, merchant, at fiver, at the lintel, Leeds. Aug. 11. T. Stephens, Bristol, house-carpenter, at eleven, at the Bash Tavern, Bristol. Oct. 11. W. F. Ogilvy, Histories, druggist, at eleven, at Guildhall. Aug. IC. John Harrison. Stoke-upon-Trent, earthenware manufactuier, at elesen, at the Swan Inn, Hanley. Staf- furd. Aug. 9. J. Wright. Farm Wein, Salop, corn-factor, at eleven, at the Wbite Lion Im, Whitchnrcb, Salop. Auc. 12. .1. Willey. and C. Hobbs, Whiterimpel-road, dis tillers, at ekves, at Guildhall. Aug. 8. Sr: Ushorec, Christopber.atreet. Finsbury-square, merchant. at ten, at Guildhall. Lug. 19 . W. Peolsey, Back-Igoe, Deptford, victualkr, at too, at Guildhall. Aec. A N. Lanailawn. Bridgewater, iseakelder, at elevro, at the Mitre lan, Bridrs Ater. Aug. !9. C. Delahnyde, Istier, Surrey, rectifying distiller, at eleven, at Guildhall. CERTIFICATER.—Ants. B. J. Pinder, endworth. York. mender. J. Ranier, Rosamond street. Clerken well, watch-jeweller. J. Taylor, MickkiturA, cotton-mintier. S. xnd W. Colton, Scao by, Lincoln. corn-merchants. J. E. Lowe. Manchester, warehnusanno. J. Thomas, I,iverpoul, victualler. W. lie lop. Lung-acre, man's-mercer. D. M . J. a/A W. Beaton, Springfield, York, cotton-twist ',pincers. D. C. flow, Condirook. Manchester, brewer. J. Barn, Maio enamitaciurer. J. nod H . Abbey. leiceiter. hosier*. U. B. Tewiant, &Heat Alie-street, sugar-refiner. POLICE. ROBBERY. Gomm tr.t....-Yesterday Gcorge Simpson and Richard Wilson were charged with attempting to steal a quantity of printed calico, from the ware house of Messrs. Churchill and Bloomfield, in King-s►reet (the corner of Tramp-street) Cheap. side. James Rennet, porter to the house, deposed, that, at about 20 minutes after eight o'clock that morning, just as he had finished sweeping the warehouse, (the doer in King-street was or., ), he heard a knocking et the door in Trump.streei ; he opened it ; the Prisoner, Simpson, inquired if he knew where a Mr. Shaw Ii red ? Ur replied, he did not know sorb person its the neighbour hood. Simpson said he might be mistaken in the name, but he had the direction in his pocket, and [legal' to fumble for IL The witness heard a noise at the liitig-street door, and turned round, when he saw the Prisoner, Wilson, with a quantity of goods in his arms, going out of the warehouse. The witness called out, in a loud voice, " ,t arc you doing ?" Wilson immediately &opt the goods in the street, and came round to the door in Trump.street, and asked the witness which was Mr. Smith's house? He answered that it was the oppo. site one; Wilson seemed much agitated; the 15... Prisoners walked off together. The Witness car. ried the goods from the street into the warehouse, and lucked both doors ; saw the Prisoner Simps in at the end of The street, near Cuteaton.street, standing, but soon lost sight of him ; followed •the course hn supposed they had gone; near Bow ehittch, Ire saw them walking with a Jew who l 'hid a lime in his •hand, they went into a public- Isoitse. •The -Witness went to Mr. Bloomfield, andbitorined him of the cireemstauces ; they g it an (Ade - rind secured the prisoners. Two Attornies attended on behalf of the Pri. Boners, and contended that the Witness might he mistaken as to the persons of the Prisoners. Mr. Ayaiws, the Sitting Magistrate, observed, it was his - duty to commit the Prisoners; one of them (Wilson) had been before him once before, -and was very near being committed for a similar offence; nothing prevented it, hut that the Corn. ptainant could nut identify the goods. As to the other Prisoner, he was informed he was writ known to be of an infamous character, and it eras not hiq first appearance at that bar; they vs' ru both hardened in vice, and it was his duty to pre. vent them going at large, to enable them to carry on !inch warfare against the property of their fel. low subjects. They were accordingly fully com mitted for trial. llArstox-Tiouse.-1 7 Myers was charged by Moses Levy with making an outrageous attack upon him, with a spade. It appeared that the Prosecutor had employed the Prisoner, they being both of the Jewish persuasion, to perform a day's work for him. He offered the Prisoner, in pay. ment, seven shillings, which he refused to take, alleging that he was entitled to nineteen shillings. The Prosecutor resisted this demand; the Pri soner seized a spade with which he had been at work, and raising it in a menacing posture, with dreadful imprecatioot, threatened to cut the Pro secutor dawn, if he had not, %bat he termed, his rights. A person of the name of French, who had Chanced accidentally to pass when the busiin-s was nearly ended, tiaid, that having himself eon had Isis head laid open by the vidlence of the Pr.- sopa, he was induqJ, from curiosity, to mine,' in ,the crowd, and to inquire into the circum stances, when he heard the Prisoner declare to a woman wins was remonstrating with him on his improper conduct, that he would cut any man down who attempted to deprive him of his rights. The Prisoner was ordered.to be committed. in de fault of his finding bail, to take his trial for t!;‘, offence. THREATENED INYASION.—A t no period of our history, has the efficient strength of our brave so!• diers and sailors become of mote importance than at this.eventful crisis. The wars of Venus. as well as Mars, have not unfrequentty obstruelo their exertions on the ocean, and in the " lent .fseld."—lt may, therefore, be deemed a national good, that a REMEDY is now discovered, which is an absolute preventive of Venereal Infective , , and is likely, in time, to exterminate it from the face of the earth.—The Aac A NUM, or MEDICATE , / Soar, according to the opinion of the most ie. spectable of the Faculty, will he found a rr fect SA FEG UARD in every climate, and is sold, wiln full directions, in boxes, at 4s. each. (wholes* and retail), at the Medicine Office, No. 8, Bed - ford. court, Covent garden. Any Gentlemen r• siding in me country, inelosing in a letter a pound note, may have five holes conveyed • small package (by coach or otherwise) to any of the United Kingdom. BIRTHS. On the litle of Jo at Out House, Scotland, the R.:;t Hon. Lady Jame Taylor, tor a s4nn. Ott Saturday last, the Lady of Isaac Goldsotid, F. 9 L: Spotlit-square, of a son. On the 13th of July. at Dalkeitb Ileum., Scotlam, ' > Connie*: of Dalkeitb, of assn. DIED. On Taeslav, at TANA. is the 87th TIW3t of his age, •' Ham Dent. E..q. one of his Majesty's Justices of the !ea, • for the North Ridnar of Yorkshire. On Sand.ti, the 9th instant. Patrick Claneey. El. for Scans an officer of the Good of Gnomon Pleas. Dublt:i LONDON : Printed and Piehli.zhed by I). L ov aij, t at the Ear sassuAi Onus, 87, Ilrefareetis