The Statesman. — London, England, 1820-08-10 00:00:00

. • ' • 6.41 V INTELLIORNCE. COVRT OF CHANCBILY, WISDNEIMAT. Aye. 8. Before the Alaster of the Rolle. • JUDGNISWi. 11111111 CHOLDSDIONUAT IP. LOUD CLl7Toll.—hs this lvag pending snipe, Cs Honour gave judgment ow 'list...lay evening. • After many luminous observations, he said he wu•uld not now enter into the equity of the case, but •untent himself with saying, that he bad no objection to allow the party again to apply to a Court of law, a• he understood it was the intention to apply to a higher tribunal. He was decidedly of opinion, that he ought to decide in favour of the claim of Lord Clintoo, since both logically and grammatically, the deed would bear no other construction. VICE CHANCELLOR'S COURT, Au*. 9. TIIII PONTSISOCTII 11•NIII. EX-PARTS 01111101 X tM TIIR ISATTitSIOIP MINCHIX. A 11/ANKRUPT.-Mr. HART stated that this was a petition irons —Uibson and others, presented under the fol lon ing circumstaisees:—Thebanl. l uptey was one of the _ . partners in the firm of the Portsmouth . Bank, against which some time ago a commission of bankrupt had issued. It happened that at the same time that the I.IIIMiSPiOII was taken out, reparate commissions had been issued against the individuals who were part- errs in the fires. The petitioners in this case were the creditors of Mr. Nimbi% in his individual capacity, and they represented that a debt amounting to 6,9001. was suffered to be proved against the bankrupt's sepa rate estate, which belonged to the joint estate of the firm. They therefore prayed that his Honour would make an order to relieve the separate estate from this bnrJen. Mr. Rosa followed on the same side, and stated that there could be no ground whatever for charging the separate estate with this debt. It was very well known that each of the partners kept a separate and distinct acconnt in the Bank, as individual., just as any (lithe ostonsers of the concern, and that therefore it being ►tiith the pettily of the other partners that it was held, pretence could he set up fur having the separate i.roperty of the bankrupt, in this case rendered liable to the debts of the firm. Mr. Bonne and Mr. Moms...sure opposed the peti tion on the ground that it was necessary, in the first instance, to have the accounts of the firm clearly made out in order to ascertain the amount of property which toad be considered as the separate estate of each of the parties. The rice•Cnstscei.Lon, however, made the order according to the prayer of the petition. The costs of the petition, however, were ordeeed to be paid out of the separate estate. ISSIZ ES. SCARCT.....-nUILDFORD, AUG. 7. HANK OF ENOIAND PRONECCTIONS. The fifteen unhappy persons committed for trial at ti.ne Assizes on charges of uttering forged Bank of Eceland notes, hive accepted the clemency of their rosecuSors, and pleaded guilty to the minor offence f i,arinS, knowingly. keeled notes in their possession, ur 1 were set. r illy sentenced to 14 years' transports ti :n, pursuant to the statute. CIVIL RIDE, Ave Q. THE KM' V. C11•11L1111 61•ItTM •ND rite OTPICRII. —This was an indictment against six defendants. na led Martin, Western, Richardson, Bowden, Ben net, and Anderson, fur a iibel on Richard Roffey, at t .e parish of St. Mary, Newington, on the 10th of Fei,:a try, 1019. 't he p-esecation was conducted by Mr. MARIUAT, M- Susasst. and Mr. CURWOOD, and the defence by p... (I , ,essue, Mr. Cnrrev, and Mr. ANS ill All. 'ri.is prose. ration arose out of the disputes which fir pone time past agitated the parish of St. Mary. err'r;t on. By the usages of that parish the Rector h s the power of nominating one Churchwarden, and ti.e parish another. The Rev. Mr. Onslow, the Rector, has, romineed the prosecutor, Mr. Kerrey, as his warden, and the parishioners had chosen Mr. Martin, the defendant. as theirs, in 1819. It had been the praitice to hold Vestry Meetings in the parish church. s t live o'clock in the evening, but, as was suggested, in consequence of the disgracefbl scenes which some toprs toots place, and the very late hour to which the th-scussions at those meetings had been prolonged fir pane t:me previous to 1819, it was deemed expedient 1 y the prosecutor to change the hour fur the &Jaren b. . r of the Vestry, namely, from five in the afternoon to issue i s the morning. Soon after he came into of fice, it became necessary to make a new church rate, and also to take into consideration on what terms iron coffins were to be permitted for interment in the church-ya d —that mode of:serial having been recently suggested as proper. In order to take both these sub jects into consideration, Mr. Roffey caused notice to be given in the usual manner by the parish clerk. from his reading-desk in - the cburek, that a vestry meeting would be held on the third of February, at nine o'clock in the morning. The alteration of the time for holding vestry meetings, it seems, occasioned a great sensation in the parish, and accordingly, on t .e day above mentioned, all the defendants appeared at the vestry, and, as was charged, -proceeded to pro p se resolutions bighly._dafamatory of Mr. Roffey's cha aster. The defendant, Mr. Richardson. was stated to be an attorney, residing in London, having a Luau at Newts s the defendants , Messrs. Rug den, a.4An ' is, were apresented to be attorney's 44 ita& elerts, and li tl ia obithoto of that parish ; and the tem Wing. nts to fie tradesmen, some of them tarrying altainailleSll in'London. On the occasion in qusestiespMr.lltichardsotr was stated to be the framer of thegfrnelatiotts, the purport of which was to insi nuate Mat the prosecutor's object is altering the time for the assemblage of the vestry was to obtain a packed nveting of inferior inhabitants of the parish, wile ss•Juld be subservient to the purposes of himself and the Rector. 'lie resolution which was the principal ATuned of who prelim laildlooset professed to be a de el. ration of the oendoesoto of the vestry, that the eon dua of the poreeohlike.ii ottoomptiog to alter the time of the useetitA mho awldation of the rights of the t .-stri-niest, an issaikaolse parish, and a disgrace to she lieeter wisti.lassi appointed him. it further s:atrill, that he.wac Wasik Imisliethf of the . conlidence of the t, parishioners, and was an otjecl of their Just llx-' nation. It appeared that all the deflnidants, except Mr. Bennett and Mr. Andersen. wok Si active part on this occasion. Another resolution was pawed, that the other resolutions should he signed by the Vestry Clerk, printed, and circulated among the pa rishioners. The Vestry Clerk. it appeared, declined signing the resolutions, upon the suggestion of a so- licitor present that they were libellous, and in point of fact they were nut published out of the vestry meeting. The case was proved by the evidence of the Rector, who presided on the occasion, the Vestry Clerk and other persons who were present. Mr. tivasey addressed the Jury ,n behalf of the defendants, and contended that, as the resolutions in question were of and concerning the conduct of the prosecutor as a parish officer, and were nut published to the world at large, they were perfectly venial, and consequently that his clients were not criminally liable. The CHta► JUIIIICE charged the Jury, that the 4th resolution which was the sultjett of the indictment, was calculated to defame the character of the pro secutor, from its contumelious import, and inasmuch as it would be recorded to posterity by insertion in the vestry• books, it was faith the subject of criminal pro secution. Is. his Lordships' opinion the resolution alluded to was a libel hnt the .lury were nut to in bound by his opinion deti itively they w.auld exercise their own discretion upon the sith;ect, taking into consideration that the evidence ilia nut affect the case of two of the defendents. The Jury acquitted Mr. Bennett and Mr. Anderson, and found the other defendants-6,4/J. SPECIAL JUROIt4. In rooaegnenrr of the nou-atteu.lance of Gentle t+uurotooted as Sperial Jurymen, in almost all the Spe cial Jury causes entered for trial, 'the Toter Jt slice said, he felt it necessary to re prehend the apparent insolent' to the tlnties of lien denten qualified to rye as Special Jurors. He had observed, that in every other county on the circuit, the Special Jurors had berli m ost punctual i n their attentlattee• in very few instances had it been found necessary to pray a Toles. Ile 11.1: : ed it to he dis tinctly understood, that the duty of Special Joirors was as inoperative as that of persons wino were impanelled to try common Jury causes, and in consequence of the unacconntable absence of tientl-men soommuned as Special Jurors at this Assizes, he ant ttttt need, that if, on any Injure occasion, when hr canoe thi• cite tit, be found cause of similar complaint, hr should feel it Ills duty to fine severely the absentees. In the five Special Jury t•lnses entered fir trial, there were n •t more than three or four tientleinen who condescended to give their atteto:ance. The business of this side finished at al t twelve o'clock this flay, when the Oiler Jo•svicz lent his as-istance to 31r. liaron Wont) in clearing the gaol. CROWN SI 1)K. ✓oAa &moors was indicted on the Coroner's !aqui %kiwi. for feloniously kiliing and slaying Jane Mar -1 gan, oil the 15th of April la,t, in the pati-ls of St. Thomas, in the Borough of Southwark. The primmer was the driver of a Chathatn stage roach, and about eight o'clock in the evening of the day mentioned in the indictment, it being dark, he was driving at the rate aright miles an hour, through the Borough, when the deceased, a woman far gone in prernancy, was crossing the road, and before she was aware of her danger, sloe was knocked down by the leader, when the wheels of the carriage went over her body, broke her ribs, ruptured her abdomen, and produced prenisaure parturition. She was tak e n up in a lifeless state, and carried to St. T1101112,1'6 Hos pital, where she died the next day, her infant surviving her two days. '1 he prisoner when spoken to upon his misconduct, behaved with great insolence, and in the most unfeeling manner. The Jury immediately found him guilty, and the Cruse Jvas ace, alluding to the hat too frequent careless ness of persons in his situation of life, expressed a hop* that this melancholy catastrophe would be a warning to others against a brutal indifference to the safety of their fellow-creatures, and taking into consideration the circumstance that he had been already confined for sixteen weeks, sentenced him to be fu'rther imprisoned in the county gaol for foul calendar months. At a late hour this evening the Assizes finished. LEICESTER ASSIZES. Joust r: WORMLEIIMITICS.—This was an action to recover the sem of 4211. due to the plaintiff for medi cine supplied to Thomas Worusleighton deceased, a small farmer of Lutterworth. It appeared from the evidence of several of the plaintiff's assistants, as well as of several matrons who had attended upon the deceased, that Wormleighton, who was advanced in pars, was for the 3 or 4 last years most Sorely aMicted with a complication of diseases, and tl.at, in order to obtain selief, he had been in the habit of taking from 6to It draughts per day, making a total of 5;7214 bottles, which were charged to bim.at Is. 3d. each. Besides these he had also been supplied with large quantities of liniment. and •of many boluses. It was no uncommon thing to send the deceased 9 or 10 in a day ; with pills, powders, Ike. in proportion. Added to the charges for medicine, there were items for bleeding, besides inoculating for the cow-pux. To chew that the tins charged, and the medicine sup plied, enormous as they might appear. were fair and reasonable, the plaintiffcalled several most respectable gentlemen of the faculty. 11r. Kerr, of Northampton, said he had looked over the bill, and thought all the charges reasonable. lie had been acquainted with Mr. Jones more than ten years, and, from what he had known of Ms practice, be thought him a judicious practitioner, and a man of skill and judgasoat. Dr. Freer, 15. D. Mr. Needham, Mr. Paget, Mr. Davenport. and Mr. Morpot, surgeons, also bore tes timony to the charge. being reasonable. The Jury retired at b minutes past 4, and returned with their verdict at 5 o'clock—Damages MC .• Malts. Juane tiltle.datilt small piratical teasel front Nino, wills SS wee du board, made her appearance of Ztnte, a few flare since, anti took tiro boats beioisgthr to that islaud,-• limo. 46... , ....... . 4 _ ,...........jetreer . - ..._ .. z 3 . f 4...Aw— ' A illtvating of 'tat itiViil , _ellAN l s tlb 100 gelttX. i Waddington, of Radical renown, appeared at the Justice-east', Unildhall, pusterdep,aad baring waited rOl I vary nmpettfully till a imilandePt appantan it/ 4 re. seated itself. addressed the Loot Mayer i bottom of the table. He said be had a serials plaint to make against some of the City Police Olken, and then thtew himself into an attitude which raised very high the public attention. The LaNDMAToIt asked him in a tone which proved that he was not disposed to hear a speech, the nature of the complaint, and upon what evidence it was to be sustained. Waddington then handed over a placard to the Lord Mavor,and begged his Lordship would read it previous ly to hearing the charge. '1 he placard contained a statement that the Dele gates from the Mechanies of London, appointed to wait epos her most tiraeions Majesty the Queen of England, had, in consequence of the lamented death of the Duchess of York, postponed the time of wait ing upon her Majesty with astir Address, which had been carried unaili.• tingly at tioswell-street. Waddington said, It wonld be peen that there web nothiug in violation of the public peace in that pha card, and that consequently the persom who held II conk' nut lie jusly charged nith an offence of that dew-ripe . Ike I.oao MAYOR said, hr haul seen the placard be. fore, and was aware of its contents. The words were certainly by' no means offensive, nor were they calcu lated to excite any turbulent feeiings amongst the people ; hut still the coLdnct of the person who exhi bited them, and his character, might cause, under any circumstances, a disposition to tlisordi:. Waddington then said, that he had, for the purpose of preventing ant- thing like disorder taken a Weill with that placard upon it to Iltdborn-bars, and held it up that all might see what was written thereupon.' ilis object was favonrable to the uublie peace; but notwithstanding that, the peace officers, as they were called, had set their fares against his endeavour, and ordered him to take down the placard. Not thinking it reasonable to do so, be refused, and the officers, per. titularly Itrinkwater and Matthews, rushed upon him. and having torn his coat and stripped him of the post. ponemeut, bore him away by force to the watchhouer of St. Andrew's, from whirl; place it was their inten tion to bring him oll' to another, called the Comore. A humane gentleman. however, interposed, and they thought proper to let him go. 7. utler thr•-e circum stances, be trusted, the Lord Mayor would see justice done : fur it was well known to hundreds that the ai• cred tiodsless, with the balance and s..ales, bad WWI violate(' in his person. The Loath Idsvoa imstediately asked, whether the' two officers then charged were iu attendance ": The answer was in the nertlite. The LORD MATOR then stated, that :Prom the account he had heard, he had every retool, to suppose that his present applicant bad been doing, at the time of the interference of the officers, an act in breech of the public peace. If that was the rave, the officers were certainly fully justi.fied in using their efforts to pea, veal any tetfortunate compliances which were likely ! to arise from the folly or insanity of any individual. Mr. Worthier, the Marshal, amid, that War Winglike had ass.•n,bled round him a very large collection of the lower orders, and was, as it were, the very point rotted which pickpockets and thieves of a more formidable description would rally with the greatest possibility St sit . The crowds were increasing every monseat o and the niters woulditave subjected themselves to a charge of neglect of duty, if they bad not requeNted Mr. Waddington to put down his standard ; when they did so, they were insulted most grossly. '1 hey, how ever, persevered, and took the placard and pole from the bearer hr force ; but in the effort endangered their lives. Mr. Waddington then went to the watch-house, and, without reason, called himself a prisoner there. The interference of the gentleman alluded to had been the subject of surprise and censure amongst the parish officers of St. Andrew's, who, he understood, intended to bring a charge a•-alost him before the lord Mayor: with that gentleman neither the witness nor his of ficers had interfered. The Loan MAYOR said, he had apprehended the case being such as the Marshal stated it to Le, and asked whether Waddington had any witnesses to prove that he had been ill-treated? Waddington said. there were 20 or 30 respectable men ready to come forward to prove the fart that be had been illegally dragged about and deprived of his placard. one *etc, however, to be seen. he Loan MAYOR said, that any City Magistrate would willingly inquire into the circumstances, but that inquiry might involve the applicant in a disa greeable manner. The officers had no doubt acted properly; but if Mr. Waddington continued to be dis satisfied with them, he might go before some other Magistrate with the story of his disaster. Waddingnsn then bowed, and quitted the room. Otit.onst.t..—An additional decision upon a point in the Pawnbrokers' Act, of cousith•rable importance to the trade, and epos which much difference of *pi- I dea has been expressed, occurred at this other on Tuesday ; Sir Jssirs Snaw• being the Sitting Ma gistrate. A person of the name of James Joy had obtained a summons against Messrs. H. and W. (}ray, pawn brokers, in Fleet-street, to skew cause why they re fused to deliver up a watch unlawfully obtained frost him, and pledged at their shop without his knowledge Of • ensent. The complainant stated, that lie left Isis *etch at home for safety on the sth of June, while be went to gee some felons hanged, and on his return the watch bad been taken away and was nowhere to be' foetid. A duplicate for the watch was discovered some time a f ter i n a bag, thought to belong to a woman who lodged in the house, named Ts itchett ; but the pro perty had not been seen i■ her possession, nor could t h e pawnbrokers swear to her as the person .wko pledged- Joy bad subsequently seen the watch at Messrs. bray's upon paying the interest due, and both at that time and before the Alderman stated such particulars respecting it, as to leare to doubt that the property was bi- ; the only question therefore was, I whether the Magistrate was•atithorised under tiro Act in diced! the restoration of the property to d ie pbinant ? Reference was had to an opinion of Me. Lil o ., the Barrister, who had been applied to Ewer der circumstances. in the case of certain body lines wi t hi had been stolen from a laundress, and pur se d wil►. out the knowledge either of the laund ress ot . owner, and the Learned lieutlemaa had give s 6, opinion, that the goods having been naturist" s e i g. ed, the Magistrate was anthorised under the A e t to order them to be given up, although no p eosetetio , had taken place, and upon this opinion the proper!, was so given up at this °Mee, and the sane has In tl the rule of practice generally of the Sitting Alden ott o n t h e e ther hand, in the case of as ?linnet rot. bery some time since at Messrs. Makepeace's, smiths, in Serie-street. Lincoles-Ina-fields, apes ta application to the Magistrates at Bow-street, to di n " the restoration of a considerable quantity of the Ro ts plate, found in the possession of different p atew bookers, the Atturney.tieneral, and the Common Se e . joint, Mr. Knowles, bad given their *lies sh at ttie words of the Act " statasefielly obtained," dap . 11 mean felooslowsly obtained, but obtained by ss lawful moms short of a felony, and tar tlie felony being clear in this case, the parties ate no claim to ihe restoration of the property oth eee i v than order the Statute 21 Henry VIII. cap, it e h ki allows the restoration of stolen property to newsmen thereof only niter the prosecution and conviction et the felon. Mr. Denman, on the part of the applicants, hi, however, succeeded in convincing the Magistrate that the authority under the Act was petemptory aril cow plate, and the plate, after some delay, was delivered up. An action is still pending to try• the lambse is a superior Court. Sir James Shaw obrerved, that from the best em. sideration 1w could give to the subject, and the h e n judgment he could forms upon the Act of Parliament, hr was of opinion, that the words of the Statute were clear, and fully authorised the Magistrate to direst the restoration of the property, and directed that the watch should be given up accordingly. The person attending on behalf of Meson. tha t , consider it an eitresuely hard case, but as theasesset of the pledge was ugly 12s. he did not think it worth while to contest the decision, and the watch was Jr livered up to the complainant. .Y.11.71C1L IN TEL LIOLYCI. — m o o — Tbe Eliza, Strntler, from Montrose, arrived at Har wich on 'V nesday, leaky ; also the Frederick, Seen, from Sunderland, with loss of foremast. The latter an cornett in by two salvage boats. A loaded sloop, of about SO tons, with gutter board•, bright paint streaks, a topsail, torgallsat rota', and a jib-stay, upset and sunk off Isamu' Head. near Holy Island, Ist inst. Crew drowned. be Ll•re4, tie Doer, from Liverpool to Antvrerp,was lost on IVieklow Banks 31st nit. Crew saved. The Ninolai and ilaria, Rydahl, from Dantsic is Ronan, with wheat, put into the Teel 3d int. heist leaky, and must discharge to repair. The 31ereurins. Onweitaad, from Dastzie to Amster. slam, was abiudoued off the Doggerbanh, !7th it. Crew Bared. The Rambler, arrived at Kirkaidy from °remlNA with 6 fish, 60 taus ; left the lee 20th ult. at which time seven sail were beset. The Magnet, of Hall, had 4 fish, 10th July; she and six other Davis's Straits ships had been obliged to bear up for Oreeoland, sal were very indifferently fished. The Hero, of Ma ltose, had 7 fish, about 60 tuns. The Ilighllyer, Blenkelasop, of Hull, is lest at Ore nland. The Brothers, Mercer, of Hall, is lost at Dariet Straits. Crew saved. " Pernambuco, June 25th.—Ao armed vessel seat a boat's crew on shore to the northward of Sara, he • bullocks; they killed three countrymen, and es their return to their boat, found her unserviceble, when they were surrounded and taken, and 18 of thew marched offto Maranham, The brig rase to &arbor at the sametinie, and Laving parted from her cable west I on sisure, when the remainder of the crew, said Ivo 101 in number 46, took to their boats. The costatry pee ple assembled and proceeiled'along shore, with the ee -1 peetetion that in a day or two they would also fall into their hands." " St. Übe., July 27.—The Marston, wind ea the 2:itla lust. from London, was put ander taaraasias. because the Capt. omitted to bring a Bill of Health." VassaLs seottex wiru.—ln lat. 35. 37. We- II 10. the Scotia, from London to the Cape of Bail Hope, and in lat. 38. 52. long. 19. the brig Seeds. from Liverpool to the West ladies, by the Maw Castle, arrived off Falmouth. 'f he Hope, Smith, from Wisbeach to Soathaaptes. sprung a leak on Thursday, in a gale, and her Mar' being choaked, she was run into Oxford Hates to p( vent her sinking. Cargo discharging. The Bette Hibbing, Bea flottlenbarglib strut " the Red hock at Guernsey, 30th ult. aid received much damage; she was got off with snidest , sod carried into harbour to repair. _ _ SUITOR On 'rands), the Mb Instant, in Qualm-streets May FA. the Lady a Brook Kan Esq. ('outesaelec of the nee. (ow' pee) 's ship Marehioress esf Miy. of a see. on Itend” , the la Isaac at Sab. SerilliMPi'lltk the Lad) of Captain Grey, of the lab Heeterk e Ise MARRIED. Oa dwelt lastaat. at alargleleaoa amok aleastee Aeattb eldest sou of Aaron Moor. Esq. of ICl=la dme coal/ a si. wl oft omerset, to Miami Oar* Med James Retutett, Esq. of Culbert Dotter, la that tardy. tiro Yestercla), at St. peeve's. H q• lUNITIWZMIIN Mfmd Harris. Wllllarn Reirlee.4 e 7 Capita lit idayal 'ls to the Nos. Emma T eldest daaglitcal bat iseoa ..__ LL_,._----IPe merstoo , sad star to the reaeat. DIED. Om the Rh tested, Prase's, the oily MD ii Walls. ThowaspEsq..Chespaide. sped two yams and ill wiretbs. At Arableaide. *en Kendal. the Rh low. to Di filoP regret of a newerees amid mr Mom& awl moivermit Liset..Colesst Joint Illagdosibyldr. do 01 ". I:64c f ;rs forkoml. sad Pshibiadnithr DOW et Te N T.ea= Tout ." (mss Popo. l9ll. it- St. C a raeole• taws. by 111. WARDELL. he, L IL: to milmms all Or' mouliestmos, Driers. 19 mom ripperled to Ye addresisi. I i f