The Statesman. — London, England, 1821-12-06 00:00:00

LAW I.37II4LIGENCE. COURT, Dm: 4. • "10,1VAID'AND 013118 9 . latliivP7CT .— ~oDolltx?. The Vlca-CnaxcaiLon this day gave judgment in Ms cause. He dismissed tie present Assignees, and irectrd that a saw choice of Assignees should be made, but the time of making it to be stayed, to give Mr. Carroll an opportunity of presenting a petition for the purpose of establishing his debt under the Com mission. COURT OF KING'S BENCH, Dec. 4. ammo V. PARTON. This was an action by Mr. Robins, the celebrated Auctioneer for the amount of his charges against the Defendant for surveying, and putting up to sale, an "mate in Gleucesterehire. Mean. SCARLETT and 0. hliettinirr were Counsel for the plaintiff, and Mr. Otmeav for the defendant. On the part of the plain iiffit was proved that a Mr. Beale, who formerly acted is 11ttnettey ••• for the defendant, communicated to him .•\ I • lie amtint,„pf the plaintiff's charge, which was 891. Including 25/. for surveying the estate, and 101. for trevelling; and that the defendant promised to pay it. Xr.Guaxer; however, Insisted that the plaintiff bad iimited his demand to a much less sum by an express agreement, and that the defendant had objected to a pOrry, on whickoccasion the plaintiffsaid he was go .. • ling on a visit near the estate, and would just look at it. The defendant pleaded a tender of 501. and paid that smu into Court. The Loan CHIEF Jusnce left it to the Jury.. to say whether this was sufficient, ob serving .tbak.they would probably doubt whether tra velling. exPenees could, under the circumstances, "be fairly charged. The Jury, after a short consults ‘ti-On give the plaintiff a verdict for 701. ss. The plaintiff having denied the tender, the defendant had a verdict in his favour on the second issue. COURT OF COMMON PLEAS, Dec. 5. STAFFORD V. HAMSTON. The:Coert bid not proceeded far in this cause, when 111 r. rAisigley,x Special Juryman, was suddenly taken ill. 4figitetiiedirom the box for a short time, but as be eid'notxppear to be recovering, a motion was made to pat off• ihe cause for this Sittings, to which it was ohleeted: that the proper coarse would be to strike it *lava the paper altogether. A criminal case on' the'Wesiern Circuit was alluded to, and some di.• • cutsioil took Ogee between the Associate and the Ser jeantiongaged in the cause; but ultimately The+CHt•r• JUSIICIS said he would discharge the Jury at pretest; sod leave the parties to move the Coact' next Toile on the subject. • HARE V. MO. Tfiejillaiiiir, Wile is the proprietor of a house in firevllle•street, Hatton-Gaiden, sought to recover da mie.'s for injury his trade and family sustained by the 'new buildings erected by tbe defendant, in Furnival's inn fia . rdetts . .. The jet . of the sction was that the plaintiff had been deprived of tight, sun, and air. The Jiffy es*, a verdict for 2001. damages. PUTT V. PITO. This was . an action by another inhabitant of Gre . ville-ttreet, who complained of injury from the new LOLA% erected by. the defendant. After some con versation the dafenOant's Counsel submitted to a ver liktlor the with . 100/. damages. eoettl . SURROGAtES, DEC. & ~ • BEST V. BUT. Sir C. Rontmson stated, that this was a qnestion arising out of a suit, instituted in thin Court, by Mrs. Elizabeth *Best,against her husband, J. Best; Esq. for cruelty. This •suit was met by a responsive allega tion ou•the part of the husband, denying cruelty ; and, among other articles of accusation, in bar of his wife's suit, charging her• with the crime of adultery, and praying to be divorced. The suit, it appeared, •had originally commenced iu 1818; end the wife being rolled upon td deliver her answer 'to the allegatioa of the husband, (which contained 19 articles,) the present proceeding•was upon objections taken and argued, as to the sufficiency of those answers, on the ground that the wife bad suwansWered.specifically and fully, as re qiiieed Gy forMs of law. . Tlie.ohjwctlons takes by Dr. LUiIIINGTON, followed by Dr. Dgniots, on the same side, as Counsel for Mrs. Best. were;shortly these answer to the primary articles of the hastand's allegation; which set forth, that she had,' without just cause, quitted .his honse, and gone to reside at the York Ilotel, Dover, on the 7th, and did not• return until the 11th of January,l 1816, pretending that she went to Dover, to consult with Ms, M. Kennet, a solicitor; her absenting herself from . ber.busband's hoise at such time, being fur the purposeitlf extorting a settlement from him, and refus ineso riturn until each settlement was made, as the eoffilitioNts of her !nun. That she had repeatedly de- , claled 1 ‘ she only married him for what she could get oui of ralm.” Her answer to this being, that she did not qui t : his-tonse for the purpose of extorting a settle 'scent as. prticulate.;lllt the only time she did quit her hubby mi'S !Muse:oo'9)9o) , gs consent, was, when, from ,he cruelty o the.said James Best, she ceased to he under his protectibirb and went to seek the protection ,of her father. It•wtiebbjacted that this denial was not sufficiently explicit, like atiy pirty might deny a fact as artieu• Wilted in any **rayon to what was stated in the. allegatibi. an 2. dlbirtlartlcles went on to state; that Widisttita,said iglixabetb absented herself from her •said husband, is order to extort such settlement, she w rote tota-ooveral letters from the York. Hotel, at Dover, to him, to the effect that he should make such settle- • inetit, deanantlinethis. as the couditionit.of her return _ _ _ _ _ to bus ; and the third article stated those letters to be her proper haed.writing, andexhibited the origin:►ls; li.iewise pl. adinpthe identity of the parties. Her an- awn . . to ibis liae;sthet she hiamever.wrilten. to her said, huskhoki for the porpdse of - • extorting a setttlement -from hi artietthtte;;oe demauding oo the conditions of her returtillnitlitat her skid linsheird, upon their , marsilte, lapCsomised to settle upon her 7001. per annum; auit.thartHe hid ouly apptiid to him fee the fnlfiltnent of anal iicuidie. With' respect to the aT tictepliatitio labors In her oWh lilind-rwiriting to her bisha Vat* tholForli 'Holt!, at Dover, her saver was. she cannot. ' and hopes the Court trill Mot coopel lite to iinineer that article; ob. iimorsto ties THE STA protection of the Court, so that the Net pleaded say be pat to.lawfsl It was here contended that she ought to answer ape cifacally whether she wrote these letters or sot. Sir C. Ronimaon, in answer to the objections argsed by his Learned Friends, submitted, that the Court would consider the Answers Isificiestly explicit.. _ Dr. Pam-mons followed on the same side. Dr. SWAIM (the Judge) finally determined, that the party should answer more apesifically the several ar ticles objected, and to which the answers were directed to be reformed, with the exception of bar answer to the direct affirmative charge of adultery. The Judge fur ther observed, that as this case had been • long time delayed, the Court would allow only one month for the busbalid to bring proofs in support of hi* ailega tion, in order to bring the cause to a conclusion within the time the practice of the Court prescribed. OLD BAILEY SESSIONS. --+-- These Sessions commenced yesterday at the Justin Hall, in the Old Bailey, before Mr. Justice Bayley, Mr. Baron Barrow, the Lord Mayor, Alderman, Ike. FURL! RT.—Newry Thompson was put to the bar, on an indictment charging him with uttering as true a forged check for 171. 6s. well knowing the same to be a forgery, with intent to defraud Mr. Francis Pon tet, on the 18th of May last. _ _ Mr. Pontet, jun. stated, that on the day mentioned in the indictment, the prisoner came to his father's shop in Pall-mall, and directed a quantity of snuff to be sent to, a house at Ulaokwater, by the Exeter roach, and in payment tendered the check in question, which purported to be on the house of Messrs. Jones and Lloyd, of Lothbury, and signed by " Henry C. Lloyd.", Nu suspicion being entertained, the change was given. The check was paid into the. house of Messrs. Drummond, and by them returned to the wit ness, in consequence of its being discovered to be a forgery. 111 r. Thomas, butcher, of Charing-cross, stated that on the 13 h of October, the prisoner came to his shop, and having ordered meat to the amount of 21., he directed it to be sent to Henry Lloyd, Esq. 23, De vonshire-place, and for tvhich he tendered a check for 161. on the same banking-house, anti signed in a simi lar manner to that for which the prisoner stood indict ed. The witness having some doubt, took the check to Messrs. Drummond's, and in consequence of infor mation he received, had the prisont.r conveyed to Bow street. William Hook proved taking a check of the pri soner for 91. 10s. in payment for a load of Lay, which he ordered to be sent to Henry Lloyd, Esq., Clarges• street. A clerk from the house of Jones and Lloyd proved all the three checks to be forged. The prisoner, on being called on for his defence, said he had nothing further to observe than to throw himself on the mercy of the Court. Ile appeared to sutler from indisposition, and was very dejected. 31r. Justice BAILEY summed up the evidence, and the Jury found the prisoner 6utity—Death.. Dlr. l'ontet recommended the prisoner to mercy," - un the ground that he was not Aware that be was com mitting a capital felony tube moment lie uttered the note. Aaron Isaac stood indicted for stealing a gold seal from the person of Rowland Turner, on the 29th of October last, in Holborn—Guilty. Mr. Baron Gaanow asked on what grounds the prisoner's trial bad been postponed from last Sessions? Mr. Clark slid, it was in consequence of an affidavit, stating that a most material witness was absent, having been made by the prisoner. Mr. Baron CiAnnow said there had never been a clearer- case tnade out, and informed the prisoner that he might depend on the sentence of transportation for .life, which would be passed on him at the end of the Sessions, being carried into effect. Thomas Foy stood indicted for receiving one block of tin, value 155., the property of Richard Wilson, well knowing the same to have been stolen. Richard Buck produced the record of the conviction of the person who had stolen the property. Jonathan Bundon ' clerk to Mr. Wilson, wharfinger, stated that tieorge Fletcher, the person who stole the property, was sometimes employed by Mr. Wilson, and that be saw him in the act of taking away the property on the St h of Dec. ISIS. Robert Key proved seeing George Fletcher with a truck, on the• above stated day, at the wharf, and that the prisoner, Foy, came up, and turned the truck round. Thomas Garton, an officer, proved taking G. Fletcher into custody at the shop of the prisoner, and that the latter ran up a ladder and escaped. The block of tin was found at the bottom of the ladder. Mr. Richard Wilson identified the property, and state that the house at which it had been smelted had stoppi for some years. • _ The prisoner, in his defence, denied all knowledge of 1 , Fletcher up to the time in question. Several persons; gave hint a very good character. Mr. Justice BATLY again called Robert Key, who l swore positively that he had seen Fletcher many times at the prisoner a house previously to the day in question. The Learned Judge summed up the evidence, and the Jury having retired for 20 minutes, on their retnrn, found the prisoner Guilty, but recommended him to mercy, on account of the former good character given Isim.—Mr. Justice BAILT said the recommendation should be attended to. BURGLARY.—Thomas Deakin stood indicted for bur glarionsly breaking and entering; the dwelling-house of Mr. Robert Ray, in the parish of Edmonton, on the :WI li of October, and stealing therefrom a great qiialititiof . , wearing apparel. The prosecutor stated that the plan nun produced was a correct one of his premises. The laundry was within the wall inclosing the eastern side of the pre mises; the drying ground was also inclosed; he did nut know any thing farther of the robbery than what he had been informed of by his servants. - Sarah Bramwell bad been washing on the previous day ; was the last . person there, and on leaving the laundry locked the door. The property stated in the indictment was there at the iime ; could nqt say whe ther the window of the wash-house was shat ; the laundry window was shut ; part of the,tkings belong ed to herself and fellow-servants, and part to the pro secutor ; the premises must have begin enterehltiongli the wash-housetluor„ which witipae 4411th : secure: John Hold, another servant, fount Has Isidge :gate open, and when be west to the passagVeliev, be found it had been broken open; as well e s o ge Kari ,house door; witness found a colter of a plunah.:- . 14 whirl, means the doo.s bad Wen :Weill ;: awn' wale itots.bor4 to the windows, so that so entry could have been made i■ that direction. Thome. Austin, ab officer, searched the premises of the prisoner, and found the articles now produced ; the prisoner was present : the marks on the various articles had been cut out. The property having been identified. • Mr. BRODERICK, who was retained ishidaspekeser, submitted that the charge of burglherwhhluitt heade out. . The COURT overruled the objection. The prisoner declined saying any Ling in his defence, but called two persons to hk character.— One of them stated that he kept she Black Ball at Bd• women. The prisoner was at his house .° the evening of the robbery. He appeared to be the worse of liquor. The other swore that he, the prisoner, came home about eleven o'clock, he was very drunk, and unable to get to bed. The witness undressed him. Mr. Baron ()ARROW summed up the evidence, and the Jury found the prisoner Guilty—Death. • POLICE. --ri.-- Bow-emErr..—Yestertlay a man of respectable ap pearance, who gave his name James Csanington,was charged by Henry Swann, Esq. with assaulting sad an uoying him at various times by threats and otherwise. Mr. Swann stated, that be had known the prisoner for some years, he was formerly coachman to a gen tikrnan of his acquaintance, who, at hie decease, left an annuity of 3001. or 4001. a year to a woman. whom he bad kept. T.lss defendant, at the demise of his mas ter, joined company with bis ci-devent mistress, and they together hired a , farm on an estate of his (Mi. Swann's), in Huntingdonshire. When the defendant went into the house he paid 261. for fixtures: Witness found hini a very bad tenant, with respect to thezpsy ment of the rent, and after be had been there more than seven years, he was under the necessity of levy ing a distress, but though it was in harvest time, there was not sufficient property found to discharge the rent. At length the defendant entered into an agreement .to, quit the farm, and when he had done so be required that 261. he had paid on entrance for fixtures '.should be refunded. This he (Mr. Swann) refused, hut offered to pay him whatever sum an appraiser should then va lue them at, the defendant having had the use of them for several years. The defendant persisted in his de mand, and for the last two years had taken every op portunity of insulting him in the grossest manner.— When he met him in the street he pointed him out to the passengers with—" This is the Member of Par liament who was convicted of bribery—this is Swann, of the King's Bench ;" he bad carried his abuse to such a height sometimes, as to oblige the wit ness to take refuge in a hackney coach. The defend anthad also sought him out and insulted him in a similar manner at someof the clots-houses in St. James's street, in the presence of his friends, and had even threatened to make his appearance at the House of Commons and expose him, as he termed it, there.— That morning he met him is the street, and raps rienciti,E the same treatment, he walked to the o ffi ce to claim erroteetton of the Matitittrktes. The defendant, in answer to the charge, said he had a right to the 26!. or he should not have demanded the payment. Mr. Swann, he said, was as violent as himself, and had once at a slab-house in . Sc. James's street, seited the poker and threatened to anaiisilttp, him. Mr.. Mars Hula.; the sitting Magistrate, said dm tons plainant, must rerover his money, if it was due, in 's legal way, 'mid not insult a gentleman in the manner Mr. Swann bad described. His conduct was most gross, and he must give. bail.. The defendant was ordered into custody. In consequence of itiforaiation - , Bond, a constable belonging to the oiltekirieiskended Thomas Stokes, et lalington, on Fri charge of being con serned with a gang of ' • .wounding several mak officers employed i 9 • , it Service. . The offence with which the charged, having been committed in the Auii r t .1 &Rene, Bond was di rected to cci.vey hint intei that t Canty. On Monday the prisoner underwenran teamination before the Ma gistrates at Margate, when he was identified as one of the smugglers found in arms on the 2d of September last, at Marsh Bay, near Margate, who attacked a party of Officers engaged in the Preventive Service, when Lieut. Carr 'was disarmed of his cutlass, and received a wound in his forehead while engaged in a struggle with one of alse smugglers. In this despe , rate affray, two of the men employed in the Preven tive Service were woinded. The prisoner was owl mitted for further examination. MARLBOROVOII-STRZET.-;--A publican in the neigh -bonrhood of Portman-street .Barracks (Mr. Fagg) was charged by two Serjeants of the (inert's,- with permit ing, gaming in his house. It was stated that the Adjutant had gin orders, from the information be had received, for the Serjeants to go round to public-bosses and bring any soldier to his Superior who should-ise detected in gaming. In this instance two soldiers were conveyed away for playing at cards at different pert**a Eri 4y evening last. There were four sea of cards sworn 'to as being played at once, chiefly amongst journeymen'isilt&s.: The defence was, that the publican waoldesent,•and the cards he understood were brotight into the house. ' ~ The Magistrate observed, that the abseoce of .the publican was no excnse ; be was fined 401. and re winded that the fine was Wt. for the second' offence. SUNDAY PAPERS: ' '• • LeVy Alexander;a vender of Sunday Iliewspapers r in appeaved • be fore the. Sitting Magistrate . , Mr. HARDWICK, to a NUN-- mons at the instance of "thetlinichWardens. ;Therein he was charged with v;xereising hirworhilroallinga on the Lord's day.-I'he defendant pleaded not gailty. Mr. Marshal, one of the Churchwardens, stated that in passing the defendant's shop on Sundiy'last, between eleven and twelve o'clock, he saw hit door open, per. 10111 passing in and out, and a great ,crowd collected tunnd the shoe reading.some large placards which were hing outside, intimating the intelligence contai'ned to certain Sunday pipers which he had for sale. The as semblage of persons was so numerous as-to render. the foot-way quite impassable to persons going that way to and from. ,Uhurch. • Maiistrate.—Did you see any papa% sold tiefend swt'a:alrp hilt). or for hiss? . - t4s. .* Witstsim—:Ko; it's stet fottile selling onto mink. , provided. he _sells tblll, 01 1 4• P time r ,as for, tir .nuisance Canied by 114 )11 - t's. plaiiiivas: • • ' Defeldirit.g.7lte publishing of ikttelil iimositiqtera t weds of. oteeasity. Jrhe legiskitaip fosimoo, psi 1 { vision against it. A Bid le bipo -------- T i i .........1111111 M - . tr e i, Bement to prohibit the vesitteg •11 as bath a work which returned satiblaiielboluo to • • - the Bill was rejected. Ne liargietiolle sat tort* the sale must be first proved. Magistrate—l'll put it on this footing i yea I 'V allowed to sell papers after thetch-tiase, pevl44:o, do not exhibit the placards ail amok tamo safte d, si r I consider the publishing of Sunday panelsaki great gratification and importaitee to the p a d • . many to the working clesees ir who eaaaot; spare wi devi read on week-tloye. Defendant—Persons ate allowed to sell fish em, on Sundays, and why not Wiwi:Wipers as well? Biagio rate.—The Legida4sre allows the wile el m ai and mackerel, as being a work of nem* but 1.,. lug on that of newspapers as only to grad pula s = osity, it made no provision either &toe ijd 7 7 6 l * a it on Sander'. . ..r 64 Defend ant.—A Ith ough rptptgpe,kersisi the' I'm inclined to pay the ntmat Teipect to th e l ift , petting Sundays; but, notwithstanding, 111 shop open in spite of any opposition on Sas i ii i : e : sell what I think proper on my premises. I el ast a g the papers-without exhibiting the placards. lifagistrate.—The evidence is not suffieisit-sp, * to warrant a conviction ; but if werepetitioo of place, and that the public are to be annoyed a 5 41 7 411/ I will inflict the fullest penalty: Defendant.—l'M not to be thus ititimidard lii ii ii complainant. The premise's are not mine ; h i ck di events the penalty is no more thafi 35.. mid 'bag thi be inflicted I will appeal. Magistrate.—lf this be your deteratioation sad Wei of the business, I'll convict the occupier of a l e p rein h e. A short irguesent ensued between Mr. Haag aid thedefendant. He said, let it cost him what it tarry out of his own pocket, he would institnte proc ef e ep against him in another Court ; and thui the salter rsa at present. • On Saturday morning between six and seven e'ela t k an alarming fire broke oat at theQuetn's Head lOU house, Brouspton, which, from a heavy gale of ulcer at the time, appeared to threaten destruction to tie la a rounding neighbourhood. The fire originated ie the feller, where it is supposed to have mouldered the night, as it Karst into a flame the tit the doors were opened. The landlord •bitial tered on the premises only the day before, riil inmates, including the appraiser, who step. Who house, with dithenity escaped with their lives. Oen praise is due to the inhabitants and military, mils bled on the spot, for the judicious arrangensents c nni gre it exertions used to stop the progress of the souring element, which, after destroying the pea dos in which it broke out, extended only to the app, part of the adjoining house. 11,te are sorry to add, that Mts. Junes, a widow, who kept the TivoSasucts. a few doors from where the fire broke out, was so alarmed, that she died about twelve o'clock at sem the same day.—(flochester Gortfte.) A dreadful fire took place on Friday night at Brii lington, its the house of Leonard Denton, iceman. It is not known !tow it originated ; and it - proceeded to an alarming height before it was discovered. la truth, the inhabitants of the town were apprised of ft by the sudden eruption of one general blase from the windows ; and the inmates, who were seleepip bed, •were awoke to a sense of the most danger of their lives: One old man Num hi. vs out from a door comtnitnicating with some back pig mists, anal a young fetnale.saved herself by ialtkt oat of a window. Her elder sister; a fine ping woman who slept with her, from ittxiesy, it is 'apposed,. 10 me a child frenn the adjoining room, let slip the op , portnnity of escaping in a 'similar way, and perished, along with the object of her tender solicitude, is de dimes; ~ ,The whole premises, with . the esur tiontif thchack wall and chimney,.were bunt .0 the grolind. The extremely high wind tended much .16 .the increase of the fire, though, most providestisk it blew from such a quarter . as to prevent its cornmeal.. eating to the houses in general, and only a butelawit shop, and half a beast .which it contained, was hart —(/hll Packet.) During the gale on Wednesd , y, a peter-boat be. longing to Favershatn, laden with stone ; sunk Wiitstable, and the hands, Thos. Elliott and Joke Pajp were drowned, leaving willows and children. The same Jay, a vessel called the Jane and Sarah, eked Faversham, laden with stone, lost her mast off Whit stable, the falling of which upon oae of the crew, ass nearly fatal to him. Tuesday night between nir.e and ten o'clock, as lr. Hall, Esq. who had just arrived in town by one of do Cheltenham coaches, was going from the Gloucester Coffee•house to Brompton, with a small paper parcel' hie hand of some value, he perceived himself dogged by an ill-looking man all the way from the office as far ac the dead wall on the other side of Hyde Park. corner; the fellow then snatched his gold watch with one hand, and struck him a violent blow on the face with the other. Mr. H. on recovering himself, gate an 'alarm, and the man was followed us far as theist , , when he turned into Hyde Park and eluded farther pursuit. An inquest was taken, on Saturday, before tag Coroner for Roelseatcr, on the body of Daniel (M•PIP who died on the 2641 ult. no board the brig &ler! lying in the river Medway, when • the Jiffy rrlte verdlet--Died by the visitation of God gireltrw" erosive driVriqg of spirituous liquors. DIED. 9n Tiiesday. the 90th of Nov. last. in the 70th yard his Ice. W. Hammond, Esq. of St. Alban"s-court, ia the MA T of Kent. Nov. 23. at North Curry. Mr. W. Burge. aged deceased was en r aged in his usual occupation of ligoruo_ watchris until-eight o'clock on the night of his deaths mu° after that hour he retired to his bed room. About dears o'clock. finding himself unw.-t!, he called to his wife, who slept in an adjoining robin. for assistance , but ss It wash's custom to taste/this chamber door. some time elapsed bad!! 'knee - lid-open its Ito thou expre,sod a cootiction that be was dyinc, and a wish to settle his atitirs. and expired little before eleven. 'The deceased' has left • rod' pos % Lloperly, amounting in tatiunto severa l thousand gooney and land ; but was so reinarkAbly penurious, he allowed his wife only 201. a year f.,r his houseettt lie kipt in his chamber a box fu ll of guineas, which .etturaldnall to display with ostentatious delight w Or' 'lrottvitt visitor. 114Matik: FAited. Printed. and Pahlatied at the 011 a ," TUB kfT %TES); AN" and "THE COgrrlTUTlthe:(9loloBo -7Pttper), NO. (os. Stravit, Opposite tit. Clemeat by RP WAS MILL. I Peost Ca.' s Orders, die. are requested to . lmasKlqauflad. . MARRIED. Thomas Forbes Reynolds, Esq., to FraacisSophiatfo daughter of James Daniell. Esq. On Sunday seltnight, at Trinity Church, Whlteltintsl4 W. Macready, Esq.. Manager of the Bristol and Wititabave Theatres ,:to Miss Desmond. R. 3 i