The Statesman. — London, England, 1821-10-24 00:00:00

1 , ' ,L. relative ision In Esq. Har !gustss ihee. the respects.- , ariety house- Al packed Heyli these in no meats ,the Messrs. ag and Co, of for a claim of 2521. to them. Messrs. Holditch, coach-makers, of •orr-acre, whose attachment was the last issued of e;ght or nine, accidentally got information as to the correct christian name of Captain Heyliger. and filed a second attachment in the name of Peter Augustus, al the other attachments describing the defendant as Peter Heyliger only. By this piece of management Messrs. Hoklitchls attachment, from being the last, became the first, and from the value of the property attached, there appeared every probability of their re c ivering the whole of their debt. The garnishee, however, was advised to try the case with them, upon the ground, that the goods were not delivered to her in the name, or as the property of Captain Heyliger. On the trial in the Mayor's Court, the Jury found a verdict for t* e validity of the attachment, thereby de ri-ling the property to be the defendant's. Notwith standing this decision, the garnishee persisted in go ing to trial upon the same point on every other attach ment against the goods to the amount of eight or nine ; the verdict in each case was the same as in the first. Messrs. Holditch now looked upon themselves as secure from. loss, when the garnishee put in bail to their attachment, and the goods were publicly sold by auction at Mr. Murrell's room in Skinner-street, in august last. Though the sale purported, according o the printed catalogue, to take place under an at tachment, no precept of appraisernent, it appears, had I-en returned, and the property, which, according to Ai re. Ileyliger's statement, bad been recently purchased at an amount of nearly 2000/. produced at the sale b-tween 500/. and 600/. only ; among other articles, worked cambric handkerchiefs, which had been in voiced to her at three guineas each, sold at the sale for no more than 9s. a-piece. Captain Heyliger is, it seems, at the island of St. ('ruin, but Messrs., flolditches seeing the property thus sacrificed and themselves thrown out, gave informa tion to Mrs. Heyliger at St. Omer's, who immediately furnished them with- instrnctions to put in bail on be half of the defendant, to all the attachments thad bad been issued against the property. As the bail in these cases must be freemen of London, Messrs. Holditch applied to their iron-merchants, Messrs. Daly and Kip ling, of Upper Thames-street, London, and through them, procured as bail, Mr. Quint, of Bush-lane, and Mr. Bickerman, of Tower Royal. When the bail ap peared before the Lord Mayor at the Mansion-house to justify, Mr. Andrews, as Counsel for the present plaintiffs, and Messrs. Reynell and Ogle, attorneys fir the garnishee, opposed the acceptance of them, tot on account of their insufficiency, the solvency being undoubted, but upon the ground that they had not been applied to by the defendant to become his bail, Mr. Andrews contending, that under such circum stances, the bail could not, in conformity with the practice of the superior courts, be received, and the Lord Mayor, not choosing to take upon himself to de ride so important a question, the care was referred to the next sitting of the Court, which took place at liitildhsll yesterday. Mr. Nott.roN, as Counsel for the defendant, now ten dered the above-mentioned bail. Mr. BOLLAND, upon the part of the plaintiffs, put in the affidavits of Mr. Ah:op, one of the partners in the house, which stated . that he had written to Captain lieyliger, at St. Croix, giving him information of the whole transaction, and although sufficient time hail elapsed, no answer or instructions whatever had been ceived from him, nor from Mrs. Heyliger, nor their WM. to both of whom he bad likewise given notice; and he verily believed the bail now tendered had not in any way been applied to by the defendant, or autho ri!scd by him to become his bail. The bail were then called and examin:d by Mr. lialland, and in answer to the questions put to them, stated, that rimy had not been applied to to become bail, either by Captain Heyliger or by Mrs. Alchorne, the garnishee ; that Mr. Kipling, of Thames-street, had proemeil them to be bail as the friend of the de f.ntlaws, and had undertaken to bear them harmless. '..rhey had Keen introduced to Mrs. Heyliger since her return from the Continent, by Mr. Kipling's brother, ;:s the persons who bad, as he said, kindly under taken to became bail in the business. From this examination Mr. Bou.axo contended, that according to the uniform practice in the superior courts, this bail could not be accepted, as it was now in proof that they bad had no communication what ever with the defendant, and consequently did not offer themselves to become securities at his instance, or by his authority. Mr. Nnazost urged the peculiar nature of the Foreign attachment, as taking the question out , :f the reasoning of the rule of the Superior Courts. In the Superior Courts the defendant had always personal notice of every suit against him either by arrest, or service of the copy of the writ, and etmsequently can communicate with his intended bail ; the offering of bail, therefore, with whom the defend nt has bad • no communication, was upon the very lace ,of it objectionable and suspicious. But in foreign attachments it is necessarily implied, and indeed gene- 1 • rallyis the case, that the defendant is out of the king dom. in the present instance the defendant was at St. Cruise, and his wife in prison in France. How then were tit 7 to communicate with freemen resident in London? indeed had Capt. Heyliger been upon the spot, he. must have employed some such friend as Mr. Kipling to procure bail to these attachments, as from his habits and sitstation,an Officer of Dragoons, be was not likely t i hive much acquaintance with freemen of London. 'The rule laid down by hi 4 Learned Friend, i ; str i c tly acted upon. %%wild therefore prevent, in iliell"M"e""lll!".79"Ltiii It ' S COURZ GUILD •'. .. --a --..........___- L a b. YeSterthly a question of some im 'o the adnassibility of bail, canoe on ze, relai the 3layir's Court, before NewnuiV .r decisim the Com mon S erjeant , in the c asry ' Knnwlys, I ding and others, plaintiff', spy of Anthony t Ht y iger, defendant, and Sarah` a/rs. Heyliger, the wife 1 Jet Peter Antral.%)rs. Alchorne, garnish d-tentlast, a gentleman of f . Captain Heyliger, hi:fry, had obtained ft. ortune and great revise of goods, consisting off hold f urn i ture, att.. several tradesmen a vari chorwe, a respects wearing apparel, books, hot .iich had been sent to Mrs. "P. in Od or tot per, th en t e packer in the City, to be pac a Sy goody, seh Jr being forwarded to Mrs. He i e k r i . Omer's in Prance. Against it less that:"Or" were i ts from their quantity were contained it garnish y-six packages,several foreign attachnto Hardjr d while in the hands of Mrs. Alchorne, . 'IN, Je, and among others by the plaintiffs, ire 2 'rug sorkl'.o*3l,ol' most eases, the possibility of giving bail at all. The rules of the Superior Courts were not necenarilybind lag, especially upon a process that has no similarity with any of their proceedings, upon a Court of local jurisdiction. In this case the bail were authorized by Mrs. Heyliger, and a wife, under sack circumstances , ought to be considered as the proper agent of her husband, especially as the greatest part of the pro perty in question consisted of her own wearing appa rel ; and she was ready to swear, if necessary, that she has acted in the arrangement of her husband's busi ness since his absence; and that he his a jut defence to action. No injury could accrue to the plaintiffs by accepting the ball ; they were acknowledged to be solvent to the amount, and the rapid progress of pro ceedings of that Court would render them liable for the payment in a very short space of time, in ease of a verdict. Mr. BOLLAND, in reply, said the acceptance of bail would place the plaintiffs in a worse situation than they stood at present, inasmuch as they now bad their remedy both against the goods, and also the person of the defendant ; whereas if bail were taken they would lose one part of their security, viz. the goods, and get the personal remedy only. The CO3IMON-SERJEANT, in giving his judgment, said, that as the rules of that Court differed from those of the common law, it was of importance to take care that they were not improperly extended. The Conrt was therefore bound in its decisions to keep strictly to the custom. By the custom the defendant and the gar nishee were entitled to give bail within tike space of one year and a day, even after judgment had, and after the goods had been seized and the appraisement made ;1 and the plaintiffs were boned upon payment of their claim to restore the goods, or the value to the de fendant. The defendant's claim to give bail, there fore, was undoubted: and the only question was, whether bail was now properly offered. The rule in the supe rior Courts was for the purpose of preventing improper bail, or such as might be put in for the mere purpose of litigation. In this case no objection was made to the sutlicievey of the bail, and the wife being a party to the transaction, it did not appear to him, that the object was mere litigation. His judgment, therefore, was, under all the circumstances, that the bail should be accepted. MID - 111 - 4, ; 5 - E - X SESSIONS. Elizabeth Drbikscater was indicted for assaulting Mary Povey, in her dwelling-bons.. The parties were losyth persons of rather respectable appearance, and were accompanied into Court by great numbers of their female friends. Mrs. Povey stated, that on the 10th of September, the defendant came to her house in Bethnal Green, and told her, that she was commanded by the Magistrates to break all the Windows in her house, and also to tear out her liver and murder her. She instantly pro ceeded to execute part of her commission by commenc ing a furious attack on the proseeutrix's whitlows, and after she had satisfied herself with the performance of • the task assigned her on that point, Ale towed the house, telling . the prosecutrix she would then murder her, and immediately commenced a desperate assault on her person. She tore the hair from her head by handfuls, and a beautiful lace cap the prosecutrix wore at the time, was demolished on the very first attack.— The prosecutrix produced the relics of this ill-fated cap, which appeared by her account, and the feelings she evinced, to have been a favourite ornament of her person. '1 he prosecutrix said, it was quite impossible to tell what might have been the consequences of the defendant's fury, had not a lodger in the house came to her rescue. The prosecutrix was cross-examined by Mr. Aw.ey —Pray Ma'am, did not the defendant go to your house one day and catch her husband in bed with you? She never did—but she sent me word she would be much obliged to me if 1 would accommodate him a little —she sent him to me for that purpose.—(The whole Court were convulsed with laughter.) Mr. ALLEY made a humourous defence for the pri soner ; but called no witnesses. The defendant was found Guilty, and fined 13s. 4d. on condition of repairing all the windows. DISTURBANCE AT BROMPTON. In the course of the day an application was made by Mr. AnoLrhus, on behalf of Mrs. Euphemia Mid dleton, who prosecuted several persons for rioting about her house in Brompton, and putting her in danger of her life ; the object of which was, to allow this trial to come on the first to-morrow morning, be cause the being above 70 years of age, was unable to bear tLe fatilcue of waiting in a state of uncertainty as to the time of its coming on. The application was opposed by Mr. ALLEY, and the CHAIRMAN said he could Dot, without some more sub stantial reason, take the cause out of its ordinary course. SURREY SERSIONS. Joins Donoran, a child, aged nine years, was in dicted for stealing a piece of printed cotton from the shop of Nlr. Jersey, linen-draper, Mount-street, Lam beth. The pris mer was seen running down Oakley street, with a bag. and on being stopped, he flung away the cotton, which was picked up by an accom plice. who, on the pursuit becoming hot, dropped it also. The prisoner acknowledged taking the cotton, but sail it was his first offence.—Gailty. 1 The CHAIRMAN said, there could be no doubt he was leagued with a gang of thieves, and to break the connection, sentenced him to six months' imprison ment, and to be twice privately whipped. No less than sixty-nine barristers attendee the late Assizes at Lan?aster. _ King-street, St. James's, exhibited a curious scene on Monday. Early in 'the afternoon a Police-officer went to take a young man who was charged with rob bing his mother. As the young man was resolute in his resistance, a strong possee came down, which he also beat. A file of soldiers at last reinforced the assail ants, but in vain. The Police-officers were much cut and beaten, and the offender also: he finally escaped them all by his agility in leg-bail. Yesterday morning, about three o'clock, an admitting fire broke out at the house of Mr. Papps, North-street, Lambeth, which threatened great destruction shut front the timely arrival of the engines, the effect Of the de roaring element was confined to this lionse„wiAch was entirely consumed. Mr. Papps, we unoertiqpgd, is she poprietor of some of the Woolwich coaches. and a lum ber of horses were on the prentiselt, the wiwle of which were taken away without injury. POUCH. . .Bow-evitak.e.—Late on Monday eiening, Mary Beck, one of the lowest order of prostitutes•, under went an examination before Sir R. Birnie; the Sitting Magistrate, charged with being concerned in a bur glary committed on Sunday last, in thedwelling-horise of D. Cameron, of the Strand, Pawnbroker. The pri. soner was apprehended in Druiy-lane, having in her possession at the time a' damask table-cloth and a pair of buckskin breeches, which were subsequently idea; tided by Mr. Cameron, as being part of the stolen property. The prisoner was remanded. MARLBOROUGU-STRIBM — The re-examination of the case of Wyatt, the sexton, and Howe, the grave-dig ' ger, of St. James's, charged with stealing inscrip tions from coffin lids, took place yesterday. Howe was committed to Newgate for trial, and the sexton was held in sureties to appear to take his trial. WOReIIIT•STRERT.—Jewima Matthews, whose con duct we mentioned on a former day, underwent a re examination yesterday before M. SWAREY, jun. and Jouri SlibwAnri, Esqrs., and the three boys who were employed by her to commit felonies were brought np from the New Prison, Clerkenwell, where they bad been detained fur the purpose of being witnesses against her. This case excited considerable interest. The office was excessively crowded. Amongst others who at ten.led were nine or ten parents who had lost their children, and had not yet been fortunate enough to find them. Little Bailey, in addition to his former narrative, stated, that be had been, off and on, staying with the prisoner for the last twelve months. He and the others were sent out every day under pretence of sell ing pins, but the prisoner told them to thieve. He had stolen apples and meat at different times. The apples he ate himself, but the meat he took home to the prisoner. He remembered stealing a piece of mutton in Spitalfields-market, which he took. home, and told the prisoner he stole it. The prisoner told him to take care of himself, and not get into a hobble. The prisoner often told him to go into the market and steal wherever he could. Frederick Clark said he eras with the prisoner three nights, and was sent out by her every day to rob. In that time be robbed three shops in Whiteeliapel. He remembered a butcher's shop, where he stole a heart, liver anti liabts, last Wednesday, and took them home, for which the prisoner gave him the right of lodging fur two weeks. John Clark, a little boy, brother to the last witness, said he was sent out a thieving. The prisoner had two boys of her own, Ben and John. Ben went out and thieved every day, but she used to beat John with her fist, and sometimes with a stick, because be would not g o a thieving. In coming to the office yesterday morning the prisoner doubled her list, and threatened the children, and told them to sly nothing about . thieving and the cards. John Tyrrell, another little boy, whose father had lately delivered him from the clutches of this mon strous woman,corroberated the story of the other boys. Ile said he remembered Frederick Clark bringing home the heart, liver and lights, when the prisoner said, " Go out one or two of you, and see if you can wet a bit of "Sawney," meaning a bit of bacon. The prisoner, in her defence, denied the charge. She said she was an unfortunate woman, and took the chil dren in out of charity. She was committed to take her trial for the misde meanour in receiving stolen goods, and the boys were committed to Coldbath-fields, to be produced as nesses against her. Detachments of the Bth, 28th, 32d, 85th, and 90th regiments, embarked on board the transport Aldbury, Cunningham, last week, for Malta. At the Sessions for the county of Stafford, on Wed nesday last, several vagrants were brought up; some of them were youths who travel about the country furl purposes of plunder ; one of them, quite a boy, but evidently an old offender, held up his hand when the first question was addressed to him, in a way which shewed his acquaintance with some of the forms of Court. He was apprehended on Burton race course, where lie was observed to take his band out of some person's pocket, but as he had brought no money out, it is to be presumed the pocket was empty. The va grant attributed the contact of his hand with the pocket to accident. He was sentenced to three months insprisontueot, and to be whipped. . At the close of the Sessions Thomas James, aged 13, and William James, aged 11, for stealing three bats from a stall in Newcastle market, the property of George Hand, of Burslem, to be transported for seven years. These youthful but hardened offenders had been respectively convicted at former Sessions. Thos. James had been imprisoned six months ; and William James one week and whipped. In passing sentence at the present Sessions, the Chairman addressed them in very impressive language ; and concluded by ob serving, that it was very painful to pass a severe sen tence upon two boys so young ; but after the punish ment they had received for furmer offences, which had produced no good effect, it would be trifling with the justice of the country to pass a lenient sentence on the present occasion. The Penitentiary, he was sorry to observe, was too full to admit them, but he understood that Government was about to build a hulk for of fenders of their description. Sentence of transporta tion was then passed; many of the auditors were vi sibly affected. Hannah Plant, a women apparently of weak intellect, was charged with receiving the hats knowing them to be stolen, (the punishment for which, if she had been convicted, must have been 14 years transportation) but she was acquitted by a merciful Jury. William Jones and James Hadley, for being out in the night armed, with intent to kill game, were sen tenced to be transported for seven years. (It appeased on the trial of these men that they bad maltreated the keepept who detected them, and beaten them severely with two heavy bludgeons, which were produced in Court. It was fortunate for them, the Chairman observed, that they had not to stand atthat baion a charge of murder. Whenever persons were apprehended for being out armed in the night, Sic. and surrentlered without any dangerous opposition, the Cowl were disposed to deal leniently with them; but .when they added to their offence by the brutal treat- Aunt of perinru whose duty it was to protect their mastery' propel ty, the Court marked their heavy crime , y a signal pn7 ishment.] , LONDON MARKETS. Ocr. 23. S RUM.BAANDY, ind HOLLANDS.—Tbere were fee . pnrchasei of. Pawky private contract last week; the prices were; hoiiever; maintained, except at the m i n e . *ale ' which west about Id. per gallon lower ; it cassis* of 104 Puncheons Jamaica.. he public sale this fin. noon went nearly at the same reduction we have toe* tioned, ghost ht. finder the market prices by prim e , contract; it consisted of 38 puncheons Leewards• aad 123 Jamaica.—Brandies are nearly at nominal quota: tions.--Geneia is without alteration. SPICES.—There is no alteration in Spices; the mob ket remaining heavy. • imEen • TOBACCO.,—The requeit for To las not beep so general and extensive as during the preceding week; the lute advance is, however, firmly maintained. SILK.—The quotations of East India Sills inusl be considered nominal, on account of the commence** of the India-house sale; the prices are going considerei, bly higher than last sale; Bengals at the advance of 8 a 10 per cent. HEMP, FLAX, and TALLOW.—The demand for Tallow continues languid ; a further depression of 6ft a Is. per cwt. must again be stated ; the market is heavy, at the reduction.—Hemp is in good request, and tile late advance in the prices Is fully maintained , there is little alteration in Flat.—Letters were yesterday re. ceived, dated St. Petersburgh, 28th ult. ; the Exch . ange remained nearly the same, lid. 011 S, Ikc.—The Oil market continues without brisk. nest ; there are several rather extensive buyers of Greenland at 211, but we believe we cannot find any parcels at that rate.—Seal and Linseed Oils are a shade lower. . IRISH PROVISIONS, Ste.—The arrivals of new Beef are rather anxiously looked for ; prices bid fair to be moderate, but are at present without alteration.— Pork remains at the late currency.—Bacon dull, bat no variation in prices.—Dutch Butters maintain higher rates; Irish Butters are 2s. a -Is. higher; Waterford 82s. and Carlow at 86s. COTTON.—The sales of Cotton since our last, par. ticularly East India descriptions, have been considerable; the request which was steady, appears however, yester• day and this forenoon, to have in a great degree sub, sided; the purchases exceed 23011 packages, and the great proportion for the home consumption, the Brazil and New Orleans for the French market, the remainder on speculation. SUGAR.—There was a steady and considerable de tnand for good Sugars last week ; the brown •continsett neglected : no alteration whatever in the vices by pri• vate contract could he stated. The public sale of St. Lucia Sugars on Friday consisted of about cub; the proportion sold went a shade hillier than the pr.. vious rates. There was very little business done in Mnscovades this forenoon, the buyers waiting the event of the public sale : thefe was no alteration in the prices by private contract.—The grocers continue to be the chief purchasers of refined goods, and such has lately heen the demand for fine parcels, that the prices mint be stated a shade higher; the inferior goons are with out alteration. There is some request for single loaves for crushing. COFFEE.—The quantity of Coffee brought forward by public sale last week, alter Tuesday, was 11;37 casks, and 2077 bags; a great proportion was taken in, the demand being languid; no reduction in the prices wa•, however, submitted to till towards the close of the week, when middling and good middling Jamaica and Dutch Coffee gave way 2s. a . 3s. per cwt. There were three public ashes of Coffee brought forward this forenoon, consisting 81.374 casks and 743 - bags; the whole went off with great heaviness, but no reduction iu the vices can be stated.—tienerally the market since our lastwxy be stated heavy, and the biddings at public sale languid. yet no reduction in the prices can be quoted, except the middling and good middling qualities, which are fully 2s. a 3s. lower than on Tnesday last. The best legs of mutton and pork were sold last week at Plymouth at 30. per lb. and inferior joints considerably lower. Then, as to fish, with which that market was last week abundantly supplied, particular ly in soles and plaice—a pair of the former, weighing eight pounds, were sold at one shilling, and a plaice, then in its highest perfection, weighing 15 pounds for 9d. The following lathe total number of Beeves, Cahn. Sheep. and Lambs, slaughtered in Glasgow, from N September, 1821 :—Beeves, ; Calves, 9,166; Sheep, 39.825; Lambs, 42,935. Being an increase on the consumption of the preceding year, in the city, of 69 calves, 9,065 sheep, and 2,756 lambs, and a dr crease of 456 beeves. The statement is our Paper of yesterday of Mn. Duff, of Great Ormond-att.• et, having been di livered of four children, appears to be wholly unfounded. The paragraph came to us apparently authenticated, and the same imposition was practis-durm other journals. By a sudden storm, as stated on firmer occasions, no fewer thin thirty persons of the same neighbour !tool (fishermen and pilots) pe-i•hed, nineteen of whoa have left widows, and sixty children to deplore their loss; and are totally deprived of every means of Dor porting themselves, having lost their property a well as their friends. The loss of tin it boars an d n ew is estimated to be upwards of 1,2001. • A numerous and highly respectable meeting held at the Guildhall, Exeter, on Thursday INN George (tallowy, Esq. Mayor, in the Chair, for th, purpose of instituting a sahscription towards allay sting' the distresses of the destitute widows sad sit" plans of the Clovelly Fishermen, who lost their lives and property by the late storm. A subscription Wu immediately begun, and very speedily &gouged to 1251. • Burtut.aay.—it has been already stated that the house of Mr. Solomon, in Poland-street, Was vel, lately broken into, and that notes, sovereigns , 2 " other articles of value were stolen. From some else re ceived, a search warrant was granted, by virtu of which two coats, With fresh buttons, were fogad is the house of Ingram, of Bedfordhary. He was ea' sequeatly taken into custody, and held to bail t• Br pear again to-morrow. MARRIED. Oaths Ilth instant, at Gaernsey, the Rev. ThaiMlS WO Fanshasse, Vicar of Dagenham, in the cou nt y of OMR 10 Catherine Stephens, ehlest daughter of the late /410 4 7,_ neral Le Merchant, the first Lieutenant-000010f "' Royal Military College. On Satahlay last, at Cheltenham, A. Rosenhagem, Frances, daughter of the late Fleet wood Parkhurst, ER. Ripple, in the County of Worcester. DIE D. At aogher, on the lath instant, the lion. George heell ik , i fourth son of the late Earl, and brother to the pm t "'"" of Rodeo. Os Sunday last, at Marshails, near Romford, Ig.ort Mary Eliza, wife of Mr. Rowland Steph enson, of Iota " street. talid2ll: Edited. Priated, end Pahlished at the O fee "Tie STRATIOII4II74" and " THR CONSTITUTWN" (901‘410_ Papal. No. 194. Strand. opposite St. cliettenese tivn " by K. WARDELL% W Barrister St Lair: to wilo• all Coonesanieatioas, Orders, d.e. art [Neest•d 19 be 44- dressed. if p r. it 'r ti i• to ly .11 le ti , e it id. he Ily ut nti pit og ce, 411 4d 6; es ;ft, de.