The Statesman. — London, England, 1809-11-14 00:00:00

r ..." .__ laL_ ... rr , I NTE LLIGENS.. • f • COURT OF CHANCOW , IRc. , - est C, k te. , .111wed , t,y, Nooeintlbt Oa; At 7 • MA asit A N n (erases v. kailitax. This was a que , siou relative tit Bill and incloaure of a common callivi . BittierhifikkiMout, iu Yorkshire. 'This Moor was enjoyed•egu.conbli Mon by a number of adjoining Pripprietcraomo of whom wished for its division, and others did not. By art old deed, it hid been agreed,, that if the 'Common should" be divide:l, the division and allotment should be made in shares, nut accord ing to the extent, but the value of the adjoining properties ; and it sv:is,nuw cuntentled by Sir S. R ILLY and Mr. , that as this ratio was quite uncertain au f ca►iahle in its nature, such di vision couid tin( toescibly take vise's. The tilt value of the adjicent properties never re utained the same one day together, and of necessity Nrl t s qoite diff e rent t o th.: opinion and estlinatu of any two individuals. Ttiey contended, therefore, that : the Conrt monki nut order a division upon the principle lakt down in the deed, on account of its uncertainty and variable nature. On the other baud it wto contended, by Mr. jest.t, and Mr. AG tu, the the Quirt, in ordering •• a division of this kind, load often overcome equal or greater diffirultim than the present. Of this kind was the division of Celdbath-fields, °mitred by Lord Hardwick e, where the ground was inter sected by water pipet belonging to the New niter Company, of did. rent dimensions, and Ott liberty of laying which, was paid for according to the size of the pities. Notwithstanding the great ap. parent di silty of dividing this ground into pro. portionati stares, yet by tha interference of tide Court4his division Was at last accomplished. After bearing the Learned Counsel on both sides, the Lono CHANCELLOR rose at two o'clock to be present at the nomioation of Sheriffs its the Exchequer Chamber. t. fri'l2^r", '•• rtflttet,i 14. A.743 14Efier.r.r, COURT OF CO&IMO* PLEAS. THE eabsegoentlitlAsibilikag; and that in every latch' roapeihe writ avAtit tiri•etterned, and the special *atter indersid uptkrit, in order that the Court wp9a4etermine whether the individual, who is the libjegt of it, sh3H be discharged or remanded — arid therefore this motion was refused. slxrl:l,Cl i. RIINT. Mr. Cr.' 'FORD She 40 missile pilot this Rule, 'which .w.is to set aside the inquisition its this ease. 41 was an inquisition 'had u; on a writ of inquiry before the Sheriff of the county of *site, when it appeared ttrit the Defendant, on horse hack, followed by his tinge, came on the gruuud of tae Plaintiff; a hare was started, which hare was . killed by the 'Defendant's dogs. The De .tidant alighted, went a few yards on khe Plain., 'tiff's ground, and look tip the hare, upon which . 4 this action was brougltt for a trespass, and the Defeo taut suffeeed judgment to pass by ,default. Upon the execution of the writ of inquiry, it appeared by the evidence of the witness, 'Richard Mortimer, who came to support tfic ease, that the Defendant had not•ilone one far_ thing's • worth of damage ; and the Jury had found accordingly. Upon which, Mr. C.slimmers ,had obtained a Rule to show cause why this inquisition should not be let aide; and Mrs Cuero's!) said, he was now to chew Cause against Rule. Lord ELTiEMBOROUOII " Is this the casein which the Jury have found, •No damage Haute to the Plaintiff,' in a case in which the Defendant suffered judgment to pass by default ?" Mr. CLIFFORD.—" Yes, any Lord; but am instructed to submit, that although letting judg ment pass by default WAS .= admission of the cause of action, yet it was not an admission of any quantom of damages, as stated on the face of the •declaration. It was an admission of trespass, but nn admission of damages." Lord Et.i.avaonotion—" But although it be not an admission of damages, as stated in the de. daration, yet it is the admission of some da. usages." Mr. CLIFFORD- 4 g Bot the execution of a writ of inquiry is for the purpose of your Lenlship's knowing that, which, without the assistance of a Jury, you cannot know what the damages are.— ' For that purpose, the Sheriff calls twelve men to. gether, to ascertain what damages the Plaintiff has sustained. How can the Jury state, upon their oaths, the amount of the damages, in a case where. Fitt the only witness who proves the fact, states 'they do not amount to, pne farthing ; and why should they give damages iu such a case ?" Lard'Eeennuosoueu—" Because the Defend ant has Attfered judgment to pass by default to be sure ; bflivl k ich the Defendant has admitted the Plaintiff lies sustained some damages. Let the Rule be absolntn." Rule absolute. [Mss thi‘qu;.stion of dansagesotskact again be submitted to ' a Jury—powihly, nay probably, the nest twelve mi-n taa) he *Macs:tate op.uiou with their predereason—llow then ?:`, Saturdag, Nor. 11. Lord Ei.r.rmaoitocou said, that the newirials which took place [retort: him, should come on for discussion on this (Lay stennight. 'MC KING V. MIT.I.rII. Mr. Serj ,, irnt StrevllEltn moved for a rule to %hew cease why an attachment should not issue aapAst We Defendant, for not performing certain termiinfa which he entered on a trial' at the last Agsilre4oibr tberrittitt) of Surrey. Mr. 111iller had ercetiikbertsiar buildings on a priblic•path in the ti&irourhood of Camberwell, for which be was i ir. Int (led, and was acqukted on undertaking to re. store the path to its ancirnt state, for *length spe cified; instead of which, Mr. Miller stood charg ; eel with betting let the lease of his premium to anti ; ther, who had not dome the riling undertaken, lover Which Mr. Miller pretended he had on Con. troul.—it ulu granted. - • . . At twelve o'clock Mu Lordship set at Nisi Prigs, bet took only undefended Caused. Monday', Non. 13. RARE. OS LEICESTER V. TIII PROPRIETORS, &C. OT . THE SIisILNI VG lISRAtrs. tSir 3 AMES MANS?, aim read parts of the (loch. ' rati (((( , whereon this trial wet had, and observed that the verdict could only refer to the two last counts in the declaration, u tho Plaintiff abau. dolled his first count on the trial, and those eottuts which were depuudant on it, must be abandoned of conies. Mr. &Wiriest BEST acceded to what the Learned Jetta° had stated. . liig JAMS, MeststisLo then - said, that any ob. jettien whist • the Defenttaisre—essetssul had to', make to the verdict, must therefore apply to it as thus restricted. And he suggested, that the De. fendante Connsel (Mr. Serjeant Manley) should take • rote for se arrest of jadgmeut. To this' suggestion the Counsel un both sloes acceded, and Ilmo rule was granted. SUAW V. sawron. . ' Mr. Serjeaut BE:f said, that this was a case of very extraordinary fraud. His application to the- Court, was fur a rule to thew cause why judd. ment upon a warrant of attorney should" put be arrested. Two Ladies residing in the neighbourhood of Maidstone were desirous,to dispose of their nit. rest in a school ; a man of the name of Sheitua applied in order to become a purchaser, sand refer. red to Mr. Matson, in Tower-street, for a charac. ter ; there certainly was in Tower.atreet a very respectable gentleman of that name,' but unfor. Innately for these young ladies there was silo. ther gentleman (tie begged pardon of the Court. for calling him.• Gentleman), a person of the same name, in the same street. This was an artifice 104 common, he was afraid, with swindlers bearing nr assuming the names of men of respectability. ' This other Mr. Marton of course gave the best of r‘ ad potiible characters to his friend Mr. Shelton; iittitielsese young ladies confounding him with the respectable person of that name, the unfortunate result *as, an implicit confidence in the honesty aud solvency of this 5h , ...1t0n, thu Defendant ; ac. cordingly the school and premises were given up •to him, os his muskies far a sum klie+ I *ad COU 1 OF KIN BUN CA. Monday,_Norensber 13. ' MOUTON 0. soa(Kio4 Mr. Ganaow moved fur n Jidda to'shew caw, why the Defendant, who was an attorney of the court, should nut pay the lest* of the non-suit in this cause. Ile was instreetstil to tnoie far:beer, and call upon the Defentlest to etisiwer the mater, tern of the affidavit but that bit, shOulif not - do at present, for the Court that , matter herisafter, as ()make should appear to &squire. This was an action to recover four gnitseas for bread supplied by the Plaintiff,- a baker, to Oa fondly of the Defendant. , The action being pees pared for trial, the Plaintiff's attorney attended at Mr. Johnson's benne, for the purpose of serving with a sehpec.la two of the servants of Mr. John. soli, to give their evidence at the trill, for they bad witnesses! the delivery of the trews which the Plaintiff laid supplied the Defendant's rattily ; but the Defe.P;atit •aid, it %could he an iiiildrasaut tiling for servants to Inn , told, diet they were called . open to givo against their taster, atid therefore if the Plaintiff's attorney *dila give to tJkia the sebierna, he should taNeWit tervell till .erriatth at altat lime it would l;1: itetifierry fur them to attend at NVestminster.liall, to be eta. mined as witnesses upon this., al.' Acettediality the copies el the iubpoeaapinda Shiltiftstithoeecli ere given to Mr. Jelieseto he'untferritkislp id give lite necessary infer/Nlt on to thif' ifirtentsol and cattle then t t attend,,,The afti(larit thew iv on to state, that Mr-InhatOu told his servantiethdi this subpoena was for them. to go to Westmientet.' Hall, to give evidence upon a trial; but aided— 1 " You must not go there until I tell you ; and W' Mr. Bradley's clerk should ionic! to you to tell whim you arc to be there, say, ' Mr. John. son has told us when we arc to ge,' and then shut the direr lmmedi itely." They said, "it would be very sli.agrerablc to them to prove any thing against their master ;" he said, " they should do it." Mr. Johnson, however, Mr. Garrott , said, took rare that the time should ne ver arrive when his servants should appear to I petforni that disagreeable t isk. The consequence of which was, that these eitnesses being ca:l3d, and nut appearing, the Plaintiff was ender this ; Lecessity of submitting to a non.)iiit. Mr. Gat. row added, that this 11.•felisift ought to consi der this as a very lenient application to she Court, because a much mores rigorous course of pro. ceedin; might be adopted against him on this hec,ssion. • Rule to sh ew cause granted. .`f • M: Jenvis moved, that • writ of habeas Cor. pas eiortinandfsi; the Captain of • ship of war at Plymouth, te, log up the body of Jacob 40:twist, a Aailor, native of Sweden, to be his. 'charged, ou tee ground of his trot being a sub.! jest of the inipress service, should be quashed, on occount of l:3 having been insprovitienty issued. • The Court asked, whether this motion to quash, vat founded evere.// on the affidavit on which the writ issued' Mr. carts sail it eras not; but upon circuit). stoners which bed beeti disclosed since. Such as, that the inuividual who 4as the object of the writ was a prisoner of war, taken is a French ship in the East Indies; since which be had mitered into the service of thus country. The Court asked, why those rircurestatices might not be returned un thellibclas Corpus, instead of making this caution to tradslit 11" , Mr. hams said; 'Sire was so other ttian that of the e.rpence of btiviging the *fan up Geo% Ply-, mouth, which could Jut he avoitiod by a" t y i other • mode than that of quashing the writ. .T 4 he arn. e a Gentleman theti quoted several onsesi in, which • writs of habeas Corpus hatrheen quaked, under Circumstances anal:4(AS to the present ; but they were all cases, in which away:o4oon to quasb the writ depended on the ground on which it h( issued, not on circumstances disclosed after the issuing of the wilt. The Court therefore held, that a writ of Ha etas Curpess may trot be quashed for having beets itopsaiklisad,y, stn aoy grata disoignoi a saki r& A..* ~' P Q II i , . I 'AO • ..1 - lac . I II 11111 Pi II •► . - • sitiT r• , .1 .. _ .'.. • - • ,- 4001. at the eipiration of the first quarter. Shel. ton got it all the monies coning due from the pa reuts of the children, and all others ludebted to the establishment, and conveying all the furniture that could be conveyed away without exciting th. alarm of the neighbourhood, he abruptly quitted „Maidstone, leasing Mrs. Shelton behind him Short ly after down comes the Plaintitt, Mr. Shaw, 'with a sham Warranla Attorney, to etcetite the judgment against the rest of the furniture, and awing thus got them into his possession, cAr ries airs. Shel ton up to London, where they to•ik a latliney-costh, discharged it in the, middle of the .i,treet, and got into another to avoid being traced, and then drove to Westminster Bridge, where having ngain dismissed the coach, they took an. other and drove to Paddington, to which place his client hid the good fdrtune to trace them, and where they'have breik discovered. Matson, who gave Shelton the character, was sena a Prisoner in the Fleet, and of course within their Lordships' jurisdiction. This fellow had confessed to Mr. Richardson, his Client's Attor ney, that the whole business was a sham—that Shaw and Shelton were in collusion ; but when Nir. Richardson pressed him to make an affidavit to this effect, he refused to d o so unless he was first paid for it, which Mr. Richardson very pro. perly declined doing. They were, therefore, without this, man's affidavit ; but, as there was Mr. Richardson't to the trnth of this conversation having passed, and those of others to.the troika, the eircuinstaacn he had detailed, he hoped their Lordships would not refuse the Rule, ,because they had not Matson's affidavit. Sir JAMBS MATIVRILLDII4 They isbaitakt be all indicted for a conspiracy. Take a Rules".---Rule grpted. • •••••Ime.-. COURT OF EXCIIEQULR. Monday, November 13. Yesterday the Chancellor of the Exchequer, Lord Harroaby, the Thin . D. Ryder, Mr Dundas Saunders, the Lord Chancellor, and the Judges, sat in the Court of F.:chequer to appoint Sheriffs of the different Counties fur the year ensuing.— During the cerecnotty,' the poor lunatic ((link., Who had so lung disturbed the Court, matte several attempts to force herself' in . the presence of the Judge 4, but she was kept back by tate ushers, and consecyteotly raised a'great outcry. The Ring has been pleased to grant to the Rev. W. Howley, D. D. the Office of Regius Profeestir of Di►inity in the University of Oxford, toge. ther with the piace of a Canon of the .Catlitwlral Church of Christ in the said Unive-sity, both void by the promotion of Dr. C. If. Hall to the Deanery of the said Cathedral Chorea. The Re►. Edmund Paley, NI. A. of Queen's College, Oxford, is preferred to the hviug of (Jawthornr, near Barnsley. His Grace the Archbishop of York has 11. cimaed the Re►. John Atkinloo t Rector of Gate tlurton, in the Diocese of Lincoln, to the Lecture. ship of the Parish Church of Pontefract, upon the resignotion of the Rev. F. Drake. The Seatonian Prise has this year been ad jndgcd tq G. Prytne, Esq. M. A. Fellow of Trinity College, Cambridge, for the best Poem un 66 The Conquest of Canaan."• A fine new ship of 46.1 tons, named the rcent, was launched last week fr,tm the ship-yard of Mr. John Smith, of Gaitisbro'. On the same day, another flue vessel, called the Arcade, of 360 tons, tbc property of Messrs. Mesons of that. port, was lauticliethfront the ship-yard of Messrs. Pearson, Colibitum, and Co. of Thorne. The promise made to the Frcnat troops em ployed in the late compaign, namely, that they should not he sent to Spain, it appears, is to be kept ; but this indulgence is afforded them at the expence of the unhappy Germans who have fought side by side with them. All the quota of the lesser members of the Itheuish League hare received a route for Spain. On Saturday a bankrupt, who had been cum. 'flitted to Newgate for not giving a satisfactory ac., count of his property, underwent another exit. minationat Guildhall, when it appeared that he had sold a horse silica his bankruptcy. Ile hod nut, howuver, received the money for it. Several other suspicious circumstances attaching to his conduct. be was aga.st sent to Newish,. The Propriutor of one of the principal glass houses is Bohemia assorts, that he has discovered the secret of rendering glass medicable and duc. tile. The Bishops of loversd dioceses hare.issued 1 circular Where, ordering the incumbents of those chemises where the livings will afford it, to wig. inetat the eaingieb of their curates Co a reclaim tic , roe . DTA:NANNY, a pltyalrlan at Siinderlanti, has discovered and constructed s a lamp, upon philose phical priacples, which will effectually - prevent! 'lltplusions of the inflammable gas its coal snide*. A daring robbery wits committel iu the road leading front St. Anne's Village to Christ Church, at Stiliday night, ear Mr. Perkcs, a traveller in ! the Boil/nigh. lie was attacked a' Fort Bridge, by tau :ruffians, at eight o'clock in the who robbed him of 181.• his watch ; and even his' bridle and saddle. The robbers made off towards fliodharst. Mr. Perkerhad sonic valuable papers in his pocketbook, and bills of exchange, which the thieves ruturucd, and 'he had also 211. con. cealed. . The btst have marched into Portsmouth,. and embarked on heard troisports. This regiment, with theid battalion of the I lth, will sail bnme. (lately,. under convoy of the Ulysses, on their re_ turn to the bleed of 1V alchereu. NATIONAL DSEIT.—Au Account, shelving what has been iedeenned of the National Debt, the Land Taz, t end Imperial Loan, to the lit of Nov. 1809. Itedterned by Anneal Million. &c. - £76,691,173 DM° us &vaunt uP Loans - - tt1,n4.841 Ditto by Land Tux - 1.14801113 Ditto by 11. pr r Cost. pf.r Ana. on Imperial Loan 1,11/7.019 Trautirrod for purchase of Life Anuttiries - •19,90 Total - - 1C10,897,719 The som to be expended is the tinning quArter M 2 ; 800771. Ile. lid. • • i -p- ~. . ~ , ,:. . • --'~' `- POLICE. ~~ a GUILDHALL, Nov. 13.—Joanna Flynn was brought before the Magistrate, charged bv Mr. Newman, the heoper of Newgate, %tilt Insymg been aiding and abetting a capital convict, named sullivan, to make his escape front tits gaol, ou Sunday last. The ciretimitances of the charge were as fol low :—The Prisoner Sullivan, and his accomplice, named Fit:gerald, %sere ca:ntally convicted at the Old Bailey Sessions preceding the last, of a rape, And were under orders fur execiiti , in on Werinev day the 15th inst. The consists are both Irish. men, and during the %e hole of Sunday, their friends and actintintance, front all flouters, siva th. ed to visit these unfortunate men, in numbers, u Mr. Newman stated, scarcely credible ;. namely, rruna three to four hundred. Amongst a levee so very numerous, the dispo,ition could not be want ing in some of the visitants to contrive, if possi ble, the escape of one or both. Oii their trial, there wa no waut of hard swearing for that pur_ pose ; but failing in this, the forlorn 'tape of their friends rested on the success of the manoeuvre concerted for Sunday. In the eyenine, a number of those persons, men and women, si lid had been with the Prisoners ull day, came in a body to the interior door of the jail , as if •taking their but farewell of their friends, and were allowed to pas* through td the next door, the keeper at which thought it necesstry to be somewhat more Ammo,- speet, and suffer none to pass without being first informed whether the prisoners were all safe.— Upon enquiry, k was found that Sullivan wan missing. Another turnkey then came anti eism -1 ined all the parsons waiting between the doors Ur get out, but could not at first discover the missing convict among then. Ott examining a second time, he laid his hand .upon the arm of a person in woman's apparel, whit h was agitated by strong ' trepidation ; and passing liis hand down, felt some thing concealed under the pettiies, bulky and hard, which was foetid to be the irons of Sulli van, whom he instantly recognised, and a ho, big stripped of his disguise, was conveyed back to his cell. Some endenvottrs were then made to discover the person who Nrnished the prisoner with the disguise; and strong suspicion fell upon Joanna Flynn, who WAS observed ts come into the gaol with a bonnet, which she thee had not. She was accortlingly taken into custody, but positively denied the charge, awl said the dress was fur nished by another woman, whose 'lame she did not know. There being no positive proof to establish the charge against her, bhe was discharged. Maittnolioueu.srasts..—A charge was heard at this office on Saturday, instituted by Sir Wil. liatn Ahdy, arainst two female servants and a but kr, who had formerly been in his service. It ap peared by the te4timory of Sir William, that his house in 1:1mA-street was left in the care of the two women prisoners, the butler having been dis.. charged from his service six months ago. .011 this complainant's aryivul is London, he discus, til • a considerable (plenary of Champagne, Bur„undy ► claret, and other nines had been st.)lon from his cellar, and it turned out that No huller paid fro•. (pent visits to the female serv4iits. 'Chore nom Lothar strong circumstances of suspicion the prisoners, and they wcr: remanded feranotber examination. wiarserarlimememerse THE MARKETS. ' NOVEMBER L.I. • • PRICE OF HOPS. SACS. • roc' ET/. K. 11. yp, to G. 04. Kent, 41. 10.. to (0. 101. %toes, 41. lUI. to 51. Os. Stases, 41. 0.. to 51. Loin, 41. us. to al. os. FIIIIII3IIM, 81. 0.. to 101. is. Patois OF HAY AND STRAW YF.STERD 1 Y. Sls J A ass's. wutrEcu test— Hay, 41. Os. ad. So A. 14a. Hay, 51. tb, to d. 10t. Straw,ll. 6s. t011.6:5. QC Closer, bl. lbs. to ii. 15.. Strata, 11. to 81. 10s. METTGATE AND LEADNNHALL MARKETS. (lii the Carcire.) Beef .. Od. to 44. Veal 44. 041. to ss. 4d. blotto. Ss. Ud. to 4.. Bd. I Pork .s*. 84. to ti:. 41. PRICI: TALLOW. &c. N. Joiner's Market ;a Toni* Tallow 894 Od O 3 Od Clare Market 5l :id Veneto Rani,' Jbt Od Otts.ud Wiatecaapti Od • hlic ditto .. trJs Sid :Vase* per 34. of 81b. Soap ditto .... 9.ks lid 1.. d L6s 61 I biritiog Mae.. 011 Otis ..rd tvgrole ...... bs Lisl Dam mu* Ws 4d pr's 0 3 4 :raves Good Dregs Yellow Soso. 102s—Kottled. 11 is tit -Curd, 118 s. Prise of s...usilles, per,doze.o,lsskid--11tralds, lis Oil RAW 141 DES. - Rest Heifers and Steers k per Ordiasrpts. Od. to 20.4 d. stone) Is. Lid. is 44. )J. I Market Calf Hs. Od. ends. Atiddl.r.g, 2s. 'id. to 2s. tid. 1 Log. Horse lls. Od. loins. Mae, Star - sks. 6d. 40 4s. Od. 01 71 72ATHliR. Rut% 50 to frills. rails - Yid to 224 pat lb. Ditto to wills , . earn - owl to blertiauts . Hacks • - A oue. Dressing - Ha to 190 Moe Corea Hides -196 d to Tlpl. Crop Hides 45 to 401 la for tinting Ita4d to tit SJ to 441:11s. -18 d to 120 Cull lrltint 11.3 to 9cd to 906 Data 0.1 to 7Oihs.- 34d to 404 Ditto iU to Wins. - $ll4 oio 211 d bad/ Seals ((Ottaws-I) 0.1 to Large ditto an. to 1404 per dozer.. '1 aat.t r .13.w.m• Hides --4 to —d per lb. t—-- COAL MARKET. kblfw at Market. 911:01 sold. Price. AO New castle .lat .. . SAE. 4d. to Wa. id. Y Yorkshire '1 1 Welch 1 BIRTHq. On Monday morning. io itinorli-la.are o Ike Lidy of Wm. Burnie, E•q. of a daughter, • Out the Ilia init. at Cruue4 Lod, the Lad:. of G. Cowie, Soii. of a dtugLter. MARRIb;I). Oa Tentisty, Oct. 31. Fr.iw•is Lalion- lint.. fr,eq. of the Matdk Temple, t arrester kt Lary, to :titles Is , ll, Suatheep toet-ktirei, *mud. • Oa Saturday hat, at St. Ames, Aleterwite i , by the Ver. Jetha'ffittrhits. Mr. N4lllllll/14 W. SVMOokti., t 4 M s Mar? Pape, buth of Foster-hate, Wiesiopitle. ; . DIED. • On Fridav night, Mrs. E. flArrns of Pealeaville, sit Nl* early age of io. LONDON JPriated• aircl Publicised by D. Loir &Lt.. at toe STATIIIKAN Or fleet..igdtLi ■ , in I 1 , . N 1 I 1 1 . 4 i il l I I