The National Register. — London, England, 1819-07-25 00:00:00

JULY 25. to ranee the necessary inquiries to be made. Some time after he sea:civet, another letter, signed " Palmer,' Ji rrcted in Mr. Snrcesann, which stated that the writer had been with E. Cunningham, nod hail been informed by hi r that Eliza Soircesson was neither the ollapting of Coluncl or Mrs. Stirgesson, but was the child tit a truant of the name of Dawes. t 4 Ito bad lived with them. *1 he plaintiff 's affidavit Woos :fated, that lie made (Mice 151 hey thy as to the tt nth sit this intormation. 4111 had s , I ay reasua to be brae it ems CCI, Sileis was the evidence runt anted isi the affidas it of now of the next ot: kin; and if it was not suffi cient to entitle them to an issue, more satisfactory proof of the circumstances of the ease would be laid before his I.ond:ship. Lord thancell. r.—You hoer done right, counsel, in not calling for other atlistaa its ; but as this child has h en bsouzht up as the child of the faitsit , I moat have somoilsior, more than hi:am:sot .... and I:alert'. I stiosdal hr. taking a very s. tong step, indeed, it 1 was to go a step towards displacing this child frsm her eimditi .... in life, trikss 1 have very good grounds for it. I refused the Tame trine of applicat un its the case of Mr. rulluises, who h a d ti r ed a dis n w,,,a.,0, and had S or 4 children crammed upon hire, which fumed out not to be hir. 11e was so fossil of ho•tig considered the fisther of this otiman'a eh. Wrest, that she Is id presented lion owls several, which some other person had given her. kir. 15 ishiersed, that Col. Stireessun had lived fire years after the birth of the child, and had uniformly ac knuwfedged her ar his own. The prepoodrrance ut the evi dence was iu favour of her legitimacy. 'file LOlll Chancellor •trated, that is lien of went to alter the state and condition of an Miaow, be sassted not de cide upon than a ishout being Mme that they corn a turd pro per ground Ile th erefore desired to have further prouf befs.re he granted as issue. TILE DUKE OF MARLISOHOUGWS GOLD PLATE. 1.01t13 FOAFTESEURY V. THE DUKE OF MAY LHORO Sir Arthur Piggott this morning called the attention of the Vice-Chancellor to the motion which was !wane the Court upon a former day, on the subject of the gold plate of the Duke of Marlborough. His Honour on that occasoun made an order, that his Grace should put in his answer to the supplemental bill tiled by the plaintiffs. by the next sand. His Grace had only put in his answer this morning, so that no opportunity had been af fordvd for con4dering its contents. His (Sir A. 11,44rit's) nhjevt in addrew,ing has Honour now , was to allow a s hort time for the plaintiffs to read fie answer, so that furthet nteansctiviu be taken lot obtaining the obicet they had in Tlae Vict Chimeellnr.—You misunderstood me upon this mat ter. I was desirous, in the view in which this case had been pre sented to the Court, that id( Grace should have put in an affidavit Hr had suffered the period for putting in his answer to elapse. Mr. hell apprehended that the answer would be found to ism twin a th,clostire as Lull and complete as could have been had by an affidavit. Sir A. Piggott wished die motion to stand till Wednesday morn ing. The V ce Chancellor said. that for the purposes of justler, it rn'ght he an well to have the answer read now, a* in all probaibi• lity the plaintitfit would hive to amend their supplemental bill before any order could he made. It would be wising time to have the answer tea I now. Mr. Bell then real the answer of his Grace. It commenced by admitting the title of die plaintiffs to file their bill; and elso that the late Duke was possessed of divers pieces of old family plate, and of other gold and silver plate; that this had been conveyed in told, in manner set nut in the plain till's bill ; ar.d that he, the defendant, was left heir at law, and customary , heir of the said Bloke. After sate other admissions as to the facts set out in the bill, the answer then admits that the defendants did, about three months ago, cause the whole of the gold plate to be removed from Blenheim up to London by Thos. Triphook. us his agent, fur the purpoe of raising money on this defendant's right and interest in rich gold plate tor ti few months only; and also for the purpo se o f hating the new aims of Churchill, lately taken by this defendant, engraved thereon and that this defendant intended having such anus engraved thereon, to hate suds engraving finished-, and the said plate produced at Blenheim by the 13th of August. that b e ing th e anni versary of tam battle of Blenheim, when the defendant intended, ow he had before done, to entertain his neighles e s. The answer then goes on to state, that in consequence of dtstresses arising from tinge tion, the defendant being greatly pressed for money, and par ticularly to pay the workmen employed in the grounds ut Ilk:aunt-house, he had instructed the said Thomas 'lniphook to deposit such plate with some respectuble silt erainith, to raise a sum of inanity to enable this eleflndar.t to discharge the arrears of wages due to the said workmen, anti for other pressing occasions; that the said Thomas Triphook undertook to raise sewn- nxiney tor this defendant in manner last mentioned. And this defendant solemnly declares that lie never authorized the. said l'ltomas Triphunk to sell, pawn, melt, or to dispose of the said plate otherwise than in manner antics:yid ; and that in case he bath otherwise disposed thereof, this defendant was not in any manner privy or consenting thereto, and would not on tiny account have permitted the Mille, or been in any manner instrumental thereto; and this defendant verily believes, that the said T. Triphook has been himself deceived, in case the same hath ever been offered fir sale, or pawned, or pledged, or melted down, or destroyed. The defendant then stated, that he had been intlinned by hook, that he deposited all the said gold plate with a silversniitli, (excepting one plate, one knife, one fork, and one spoon. which this defendant delivered to 'rlicimas Rentmett, a workin jew eller, who had i reviously engraved the wrote of th e Bl en h e i m silver plate, and which he had since gut Lack into Lis own pot. session), for the purpose of hiving his new aril,. engraved thereon; which silversmith lit ed in the neighbourhood of Lincoln's-inn fields, and had dettenited the same in the hands of some banker for safe custody. The names of this silversmith and banker the defendant could not of his own knowledge state; and Triphook lal refused to communicate the name to him. And this defen dant oath, that haring been informed that anne of the said plate seta offered for sale by persons in whole hands it had got, after it had been delivered to Triphook, he immediately ;sprite' to hint and stated to him such information, when the said Fs Triphook expressed himself shocked at the circumstance, which he said he had also heard, and awsured this defendant that he had. immedi ately upon hearing thereof, taken away the gold plate from the person or persons who had so offered it for sale, and deposited it ni other hands. The answer then admits, that in eon:sequence or tic defendant's instructions, 'rhos. Triphook had raised 1,2401. or 1,3001. on the plate, for the use of the defendant ; but lie de nies it to be true, that he dish by meant of T. Triphook, or any other agent or agents, intentionally ot knowingly cause any part of the said guild plate to be offered for sale to Alr. Guest, to Air. Aibion Cox, or to tiny other person ; and in case the said Thos. Triphook bath of ered the same in manner aforesaid, lie did so in itil Ilion of this defendant's instructions. agaitna his wishes, and without his privity. Ile added, that he was unable to inform the coniphunatos where the plate now is. that he did hot collude with the said l'lmmtir Triphook, mid that although he ellrinnt believe 6%101116W hOth been disposed of by the said 'f.Triphook, so as not to Le forthcoming side and uninjured, yet if it should appear otherwise, lie was most willing to submit to indemnity the tztarttor's estate Mr the value thereof: The Vice Chancellor.—Was Triphook a party to the supple mental bill ? SirA:i b il.:gott.—Ves, my Lord. and be brei made no on..r. Louour will rcuillect that 4tc wrplicd fur time thrctigh his THE NATIONAL REGISTER. Couniel,•Mr. Wakefield, until the answer of the Duke of Mari• borough altoilkl be put in. He now has an opportunity otieeing what the Duke has said, and he can *haw htv affidavit according to that answer. _ __ ..._ ..... .. _.. The Vice Chancellor.—l am only considering how I can mach this case with most safety and least delay. You are entitled, from the Duke's answer, to tile immediate delivery of some of these articles—l mean the gold plate, the gold knife and fork and spoon, which be 'schema to be in his possession. These I shall order to be immediately delivers(' to the :Stager. If .Ir. Trip hook hal been set vAI with the injuriction ordered by the Lord- Chancellor, as I presume he has been, he will of course, not ven ture- to disobey it. if these things should not be forthcoming, I think. in a case where they may have been removed by a party entitled to the profits of this estate. that a Court of Equity has the power of making that person restore then* out of Muse profits. You will take you. immediate order upon the Duke to deliver the articles, which he admits he has in his posiewion, to the Nlaster : and that the plaintiffs shall have time to amend their suppleulelitili bill, fur the purpose of enabling the cSourt to net iu such a man ner as to enforce die restoration of tl.sr property out of the seem ing rents and profits, which I cannot l 0 its the bill is novaramed, Mr. Bell.—Your honour need not make a Eternal order, as I am sure the artistes of plate alluded to will be immediately de livered as you may direct. I ant not aware how the Master's office may be provided for tho safe custody of such article's. The Vice Chancellor.—They had better for the present be de posited with the bankers of the trustees. It was finally ordered, that the plate, knife, fork, and sisson. in the Duke of Marlborough's possession, should be deliveredup, and that the plaintiffs should amend their 15:11, without prejudr:e to the injunction already granted by the Chancellor. Mr. Triphook will now have to account for the statement which he bas wade, so muds at variance with the answer of die Duke. SCOTCH.JURY,COURT, Jrcy 10. Frit101:111 DRIVING.ALLAN• V. SPLIEISH AND OTHER s. This issue in this c .se wus as follows: -- •' Whether. on or about the u th day of July, 1818, the Wa terloo Goo ch. of a hick the defenders are proprietors or contra.:- tors. was.oyertumed ber..wis.t the North Queensferry and lover keithing, in consequence of the negligence or ianimorter conduct of the igsaclituan or guard. whereby tr.e t ts:rseer, Mon a p.,ssenger in said math, suffered bodily berm." The danttn,res were Led at, for medical expences, 2uol. ; for soiatihnt, 3,n0n1. It appearod from the eyinenee m this that the pursuer, on the 25[11 July last, was an outside passem,rer on the Waterloo coach, !tinning to Perth; the: after crossing the ferry, and between it and the old toll-bar, where the road brancoes off towards Dumtcrline. a one horse gig. having in it two persons, attempted to pass the coach ; the coachman was excited by sevc nil of the passengers, and amongst them the pursuer, to keep before the gig, and put his Isirsai to the .alloy, though desired by. the guard to pull up ; .whilst driving at CU, turious rate, and turning a sharp angle of the mad. the coach as , et. a.td the pur suer. with other pe:sengers, was dreadfully hart his left arm was dislocated at the shoulder joint, his leg dreadfully maimed, some hard substance about the coach having perforated it through and through t:ear the Ga s lacerating the tendons and blood ves sels so much. es ttl put his life in the most imminent danger, and Dr. Thoinueuts deposed. that even at title time he W. 1.3 nut out of danger. and that lee thought the amputation of the leg n,ust uiti utately Mr. Jdiary replied for the defenders, and celled three witnesses whose testimony was intended as a mitigation of druitages, and went to prove the fact of the ?tester exciting the coach nun to pass the gig thy which the thertkow was oecasioned).-- One wit ❑ess stated Mai the aezident occurred by the wheels passing over a stone t but on cross examination, being askutt'she size ut the stone, he said, it was an, size at •oil. The I .ord Chief Commissioner summoned up the case with his usual perspicuity, stated the beatings , ot the evidence ou each side, when the Jury tetired for a short time, and returned a ver dict for the pursuer. Damages, foe medical expenees, guts'. and for zoiasiton Ita tul. The trial lasted eight hours. FARM F.F.IIVANTS' WAGES, IMPORTANT' DECISION.-MAVOLARUAN T. TIDE DUKE OF AT U 0 L. Macglashan engaged himself as a farm servant to a Mr. Moon. tenant of the Doke. if Athol, for our year, from Martimoas, ittt7, to Martinmas, tat& In August. Dila, the tenant's clop and stocking wereseqiumered for rant due to the landlord. TM servant app li ed to the Sheriff of Perth to ord e r the Duke t o p a y his year's wages Dol.) out of the proissls. The Substitute preferred the servant, but the Depute held the landlord's hypo thee to be the preferable riot. The sei yam iiiptaled to the Circuit. Court of litaiciary. lantl the presiding Judge, was of opinion, that the servant ought to be tirefencd t but as the practice on this pot IA seamed to vary in different counties, hi, lord-hip cer6fiesl the case to the First D:rision of. the Court. It was there heard fully ; and the Court have decided unanimously, that farm Stl vants are to be prefir.red as creditors for their (Intent sages to the landlord, whose right of linoti,re must r.ow Yield through the whole of Scotland to this equitable and preferable claim. Lord Ilerinand said, tile crop was erected by the labour or'the servants, and that it was the interest of hualleres the rast.lv; that the wages of sitch labour sla.uld be labile preferille. I.nal Dalmuto corcurretl. Lord Succoth remarked. that the rent is ptoduced by the crop, and the crop by the labour of the seri ants. Lord ii.dgray, and the Lord I'reaident; on more than one prin ciple, were of opinion, that the rircistun of the Sheri:V . should be reversed, and ti.e appeal auatainetl. The Court gave expellees to the story:int. According to accounts from Berlin, an anony mous letter has been presented to the King. of Prus sia, in which his Nl:o4y is ternestly ailvietl not to permit the celebration to the memory of Kotzebue to take place at the Berlin national theatre, on the ground that the results may prove very serious. A deputation from the Female lit thrmers at Blackburn paid a visit to Manchester on Munday. They paraded different parts of the town ; but part i cularly the neighbourlicod of Newtown, is the costume which made such an impression oa the late Blackburn meeting. Tney afterwards :minded a meeting of Female Reformers at the Union room,, in George Leigh-street. We arc informed, that at this meeting, Mrs. I—, Mrs. W—, aad other radical Amazons, harangued the audience on the usual topics, and at considerable length. During the heavy fall of rain on Tuesday even ing, the drains which convey the water from llyde Park, aad the upper part of Piecadil:y, to the Thames, were overcharged, and all the rooms in the lower part of Buckingham-house were inundated, some of them to the height of more than two feet. The kitchens of several of the houses mar Back ingluan.gate were filled so high, that tl.e water put out the tires in the grates. It was not till midnight that the water had entirely subsided.. BOXING. Two great meetings took place on Wednesday, which attracted all the refine of this great metropolis, namely, the mob at Smithfield and ihr miscellaneous grcope not Crawley Common, where I.Nitinelly, the Irish Cham pion, exhibited iii a fight•with Oliver tear Two Ilundre. si thsisreas.—Wilhout desrantirg on the respcauliidy of either, we proceed tars descr:ption of the light, which •was originally fixed to take • place two tunes fremi Cod .stone,but the pirgueis belonging to the army of occiipa:mn found some enemies WllO tiversacked in that Twit!, and to nude safe the spot where the biotic Wab ine4tit, eight nines limiter out was fixed 11100. The wetness of the morning was tio damper to the ad mirers of millmg genius, and Smithfield, at least, did iun thin the numbers, as the frequenters of the prise ring, front the patrition to the prig, have but little taste for edification a ttttt iwst inc Cice; onions assembled ter near to Newgate. This tight excited touch interest by. way of nationality, and I)onnelly's prowess was proverbial, Imin his having vatuptished such a man as Cooper. But it was complained of, that Cooper was not used fairly on the Ctirralty but the hest answer to that is, he did not chuse to fight Mtn iii England, and it is but frit to stint, in respect to the Irish, that the prejlithre in favour of Oi.ser on IVednesday, in the London ring, wai acis as in Ireland .would not be coumenanced, and had Do;•- tielly rolled• about and picked his places to lie dowa upon, (in the 'neither Isle of Wight Hill did) w hen tilOtitig with hint noon the C drab, the ring would son.) hive he'en broken. Oh% er is the very gamest of our brave men, but his action is blow, and at lust. 711.. lie was matched against a man of more than 14 stone. — Ile vgitalized himself in defeating Loth Cooper and Painter. Tne Conlyuancers were divided between Smith tield and the tight, but those present egnalittl their antipede brethren in dexterity,and in daring they were as fast as any whit ever said " stand' 10 a traveller ; but Coptlumers, who know so well the taste of gorid lambi, without a permit, wen, in !•e:f-tleictice, and saved the busz. Cribb was engaged by. a Noble Lord to second his adopted Oliver, amid Sheliou was the bottle-holder, Belcher and Randal seconded Donnelly, whose chicf backer was the sporting Colonel. and the great patron of Randal and the Hibernian Millers.—Dettilis 5 to 4 on Donnelly. ROCK ns. 1. Donnelly put himself into good attitude for bitting, with the right shouldei level with the tbd iu paraliel with the chin. Ile let tly with the left baud assay from distance, whic - brought the men to a close, and Oliver received soine• hast e but Donnelly disenoged himself by giving his udveristry - a • heavy fah. His superior strength wasapparent, and he was- backed at 7 to 4. V. Oliver hit the hotly with the left hand a In Randal, hut without the force, and Donnelly rushed in with much deter mination, nod herr he shewed a want of science. Them was some hogging hitting in the close, and Donnelly threw agui n. 3 Donnelly mired hi, hit, and another close followed, and Oliver had the best of the weaving system, spiel he tiara w his adversary upon a balance on the loiter rupee of the and Donnelly aas tincierrntait upon the ground. 4. Oliver • retreated to the nip. 5, a here Donnelly Shea ed and knot ked his head ai,,liitst the stake and threw lain heavily.—Moth were bleeding. 5. Donnelly placed a left handed hit upon the eye, and it was returned by a sharp arab lilt upon the h, a bleb hied freel and by aay al complinsiod Donnelly gave hint a t Mg fall, and %Cali down tidoli 6. Oliver began to 1.110% wain of condition. rind he hit short a if:, the lett hand upon the- hody, and Inc received a stunt t hit upon the herd, with wleo h he a eat down ; but it was nut considered by theamaiii as a knit, k•duwn blow. 7. Dannelly placed a bit upon the head ait b the left-tmid, and ngain threw his rims Some diiG•re:n e occurred bet atiu the Fecund+ as to the manner in a laic h the men were entangled on the ground, and Randal threatened to h ive Sueltoo a lit it on the head a ith the water bottle. 8. Oliver had evideatly, suffered heavily from the fatlt, and lie tiled profusely. lie was 'Mown ilAilill.—Seven to fou► - . - P. Dinorlly placed a heavy right-handed blow upon his nitver-Air) . si.ide, nod the mark was vi,ible , uud iii a rin-e Oliver went don% from weakness. 10, nod 11 Oliver was in• bob rocnils, rifler struggling eloseii, vit how any hitting of cow , . Teen. e. 12. Oliver broke Irs .round from nenkne--, and they were al,ke distressed, mid huts we,e down, moil the Itols round, in each of is hit h thouistll) . , stivengtit betted loin in the throw,, Oliver fought at wori4 until the I•5Ih round, when he eiit what is lei:float:ail) 1 ruled 4 MCUIId M UNt, and lvd sputa, sm.! tne favourite nt 19. (Their pineett inn Lira , tneet•ng hh adversary up a the ru , ll, and Donnell+ appeared much diptrexeil, and ...et Oran n. Uotti the 12d rotted there was hut little fighting, Olive: . 1 head tvas much so °lieu, and he W3l uinung at esery sitantro site to get bra. lit this round he showed his itatute to the MiliWilktiOn of the ring, .by htirg himself in defrv•ise attitudes to the co ner of the riu:. a uere he rfillaiteiy fought himself out in hull-tliig•ty te, and threw iris adversary. 23. A tine •is•tilltell Or TClellee was he ellf-pl.oed•—hoilt let U. at tt.e i.ante rumnent, af.:l the curoter lilts told- Jima , the mouth ot each, trod hoth went down tat u vet • 1 feet dis tance films each other a ith tiw chest of the h:tsti r, %felt It. operated strongly ul the teeth, and both had enough 1,0 du fur ves el if, 14Plallds to 4;1 , 1 cc the claret. I. 0 !via reef:lv,', a lett-handed tut upon the throat, and vva• throw is in the close. ,hewed •oone es tranr,linary mde.bond. Ile went ia %%nr.. at the lautzling s%•tenl hni :inhough tit me, it redaced ii ti e Egtli b. isserpasseraig %el : Ala. hr pl.‘ced twt flush bits upon his adtersarS's hr4d. and tlire% 2InI ui Oliver, ferns kunst is game, and the &site ss Which his ad% er-ary Lebow ecl uud. r. DunnAly continued in a .r ak, stair, and nl,llOlOl Oliver was tae wont beaten, be lea in Iles renad, at t:,e close of which bath went down , l). surds antler. 27ta and filth %%err bin:ging t (stands, in fliseur of Mete,. but it the Tura were an I Art n eak state that it ...son% one's hauls., and Rand judges Ini,k the odd, shunt Doinn Ill's w et. coliceivuisg 1.4-clioh with any thing like e qual taus: h , .‘r bine Through the contest. Donnell% bad she.. is i s s Are points , and he qualified the app. oltioluott his ii rue,inaa :steads rktertatu.d ul 219