The Statesman. — London, England, 1819-10-28 00:00:00

LAW ZPITBLLIGENCB. COURT or WINU'S BLUM, OCT. a FLANIGAN V. WATISINS. Thil was an action of debt upon s bond which • lino• date the lids of March, 1811. nit bond. after crating an indenture by *hick Mr. Watkins sups. Weil to pay to a Mr. Martin. for • ipeeified co" sideration. an annuity of 3101. a covenant on the sett of Mr. Flatdiem, to pay Marlin the same sal t in rase Mr. Watkins did not, and a proviso, resetsinn to Mr. Flai.imen and Mr. Watkins • power of ri• rleratiog the annuity at their own pleasure, conteltiod a clamp in click Mr. Walking, the Defendant in At present action. wood himself in a pecuniary penalty to Indemnify Mr. Flagigen fur any losses which he might harm from this guarantee es aeon as he should be rolled epos se to do. The declaration rutted, that three distinct breaches e 1 this bond had taken place ; fitsi, that when on March 5,181% elle payment of the annuity had heron* dee, Watkins had been enable, and the Plaintiff, Fissile's, had been obliged to pay it ; secondly, that at a subsequent period, when the annuity for four years and a rpm. ter had become doe. the Plaintiff had been obliged to pas Martin 12751; thirdly, that he hod trdeermil the annuity for 9.911% bet had net writer! ally in. &witty from the Defendant, either for that or the two sums previously mentioned: It slits that as the bond by these breaches had beeewso forfeited, the Defendant bad become liable to pay the penally of It. TO this declaration upwards of foot teen pleas were pleaded, the majority of which originated from circumstances connected with the Bankreptry of the Defends". Demurrers were entered to several of them, sod the question which case before the Coed ots the arguing of the dente was this—whether, under the Act of the 49 , h of Geo. 111. e. MI. the sore's under an ottotoisy deed, when the annuity was redeemed after the bankruptcy of the grantor, may en may not make good a cl4int against the grantor of an annuity span an Indemnity bond, sotwididand ing thegrentee of thin onrush, has pored the valve of the annuity under the C-mmiasion of Baokroptcy. Mr. TINDALL, on behalf of the Plaintiff, main tained, that the sorely under such circumstances could make good his claim. sad relied .p.,n the con. streetion of the Bth and 17th section of the Act for the defence of his argument. The case had also bees decided before, sad tom precisely similar to dot of Welsh and Welsh, in Mettle and Solwyst's Report% iv. 333. where it had been determined, that a messy in an annenity deed,who is compelled by the annuity creditor, after the bankruptcy god allowame of the . ceding", of the principal, to pay 'emit ewes fee ▪ sloe after the issuing of the Commissioo, is out within the *mete of 49 Geo. II I. e. 121, and therm' lure may have es action against the principal for midi soma, and bold him to bail. There Lord rough had said that the surety mold not compel the stingily creditor to come In mid roes that it was not a debt, pow, the surety, astil be was i• a condition to be &moiled by it. Mr. LITTLEDALI, en the other side, contended, that the bankrupt sae barred by the certificate which he had obtsined. The °fiend grantee having proved the valets of the annuli!, lireteght the me within the operation of the Bth section of the Act, and bed that discharged the grantor from all demands. it be IMO ant borne out in this doctrine ht the Sib, be moat undoubtedly was by the 17th section. the words of which ran shoe s—" It shall be comp,. tent for soy annuity creditor of soy person aphid' whom a Commission of Bonk rapt shall issue, who. titer the sem shall be secured by brood or cove. pant, or by bend and 5, or by whatever as. latrinee or assurances the Miss shall be secured, god whether there shall or shall not be soy arrears of such annuity at or before the time of the bank. 'spicy, to prove under such Commission as • credi tor for the vale* of such annuity, which valet the Commissiooers skill have power and are thereby re gaited to ascertain ; and the certificate of every bankrept, under whose Commission sod proof shall be or might have been mark, shall be a discharge of such bankrupt spied all dements whatever in re spect of such tinselly, and the arrest' and Were payments thereof, in the same manner as such cord firsts would discharge the bankrupt with respect to any other debt proved, or which might have been proved. seder the Commission." He argued that this section, by giving the Commissioners power to ascertain the WOO of the annuity, considered lbw surety for the annuity is the ammo lighttos a surety for debt, and thus isee the bankrupt all the *dna totes of the eighth send'.. is which he was espied, liberated from the demands of all sureties for debts compacted befalls his bankruptcy,• after he bad ob• tained his orttilicale. He concluded his argument by observing, that as the Act to gintillos was made for the protection of bankrupts, it might to recelee the most liberal construction is their &vote. Mr. TINDALL in reply costended. that the whole strength of his friend's argent" coedited Is Ratios the value of an annuity a debt. New, this sae or toseoes. The Act had espeemily yarded against its befog considered as such; and it costa mot be mood. dated so at Common Law, kir its being uncertain in its nature and dependent opens co aaaaa I. There certainly was greet difficalty is the window ;..but the diflicul'y arose from the defeidsoness of the Act. The Judges consulted together fors few moments. when the LORD CHILI JUSTICE said, that they we'll consider of the subject before they gave their opinion en it. FATAL ACCIDENT —Aboot Eve o'clock oss Toes. day morning last, es the Ripnn moo wagon Wee OrPeding 10 YOlk, and was within aisle miles of he Weer place, a woman, named Mary litrkvatih, of Galley. near Ripon, who was seated Is trent of the womtoo. onfortoostely fell with her face to the groom!, and the wheels passed over her back. 'rho /Wm not observing the dreadful circomstsote. pro• ceeded until Wormed of it by a person who was fol. Prolog with a cart, when the poor woman was taken ts,) speechless, duvet alive, sod coat.) ad to Flitch. er's N•ty lon, at Ship bridge. Medical advice was Immediately solicited ; bet before Mr. Howell, the ',aspen, of Green llomontton, who was soot for, could possibly arrive, the anforlowato women was fir he) and the reach of Wean psis of of earthly 11,11:1111• i THE STATENAN. MIDDLICSICX SICSSIONS, Ocr. 27. INHUMAN CRUELTY TO A CHILD. Anne Taylor was indicted far assselihig, boa. and creelly treaties( S. Chard, a child of eight yeses of age. Mr. BASIL, who was merit forth. preepeaties, vapresseti his wish that the twitter had not been htimobt Wale the Court and the Jary. It wet psis fel in him to be obliged to state a case of each Ilya sated erectly, bet he would end to perform what he bed undertakes. The Defendant, it sli mmed, was the hoesekteper of a man of souse re spectability, residing Is the east end of the town, end the child, on *hews treatment the prosecution was facade/, was his daughter. Funs souse ceases, which it wee set necessary to 'spiels, the wife of this man, whose wean. was Chard, separated herself frees him ; tied of fear children, which were the ronsequeoce of their onion, three were under the Carp of the .ether, while the fourth continued to lire with the kilter in his bees*. Ffeel the treat ment which this limit girl eaperlenced from the U.. fondant, who bad the seperietesdaerip of the father's hato,e, the pers... whit resided is the neighbeer bond were loitered to attend to her vibration. On cis 31st of last Judy, the tkreadallt was sees Wel bag the child in a gunner which would be folly ez• pleltied by the witnesses. INprired as the soforte. sate Mil. girl then was of maternal protection, it enald out prove satittfectory to say of the parties, that the eats shield be made knew, to the public, bet he world mot shriek from the lies; which doily pointed out to him. Mr. ADOLPIIIII who appeared for the Defendant, addressed the C ourt, and said, that he en his port had so objection, bet rather a desire, to the with. &swim of a Jun,. It would present much espies sant drscessioo. Mr. BARRY basing conferred with his Client, the grandmother of the child, said, that he felt himself hound to proceed. The mother, when informed of the situation of her unfortunate child, caused it to be takes beet, the Magistrates of the district, who ordered the present prosecution to be instituted. 'De child was then placed in the witeees'a bet, ekes she said that she was eight years old. As she appealed iucomprient to give testimony es nib, the first skims wes called, who was— Anne Stater, who stated, that she lived opposite to the house in ',bids the father of the child resided. lien beshand, for sue was a married woman, follow. ed the business of a shipo ;Wit. On the 31st of !sit July she was induced by seeing the Defendant treat. log the child very cruelly, and by the screams of the child, I. go door open sod the door of the parlour also open, she looked Into it sad sew the woman who Seeder house. keeper with Chard, the present Defendant, take hold of the child, threw it down and trample on it ; thee the child was forced to rum sway to the other sad of the room, towards some drawers, which it caught bold of, when the Whiniest again seised it s and best it oemercifelly while rotas. She bedsore, the same child receive severe slapping before. Cross-ezarahred.—She saw the child the day aftee,l on the let of Aegest ; she sow no person is the room bat the child and the Defendant, who stamp ed on It with her right font ; she saw sone of the marks es the child until the grendmother fetched it away. Mr. Chard belonged to the Tramped. elite. Mary Foster, es elderly wassail, resided also otp. posite to the heave of the child's father, obese leer children she bad under her care for almost use year and ten smooths. The little girl, who was the sub ject of the prosecetine, was the eldest of the daegh ters ; she NW net the child nor the treatment of the child on the 31st of July, bet she saw it afterwards ; it was le a most barb 00000 ly creel situation; its neck, its shoulders, its beck, were mere like col liver thee any thing human. On her erose.raantiestleo, wheels said, that the /Andrea were ender her Cure for oar year and ten wombs from the time elms their mother left them.— There were three of them owe the 31st of July ender the are of their mother sod their grandmother, who lived at the ether end of the town ; the ether child, who wee thew in Court, was also with thegrandomo , ober since August. Worn knew eel whether I. the house of the grandmother or of her acquaintance.— ' Witness bad net men the mother of the childrea since like prosecution bad been instiroted. Elisabeth Downie( lived neat door to the hewn of Chard, where As was mintinually disturbed by the cries of the child; she told the father of the treat ment which it received; triter.' limit with the pa. rich slicers, who took the as up, to Sharlwell Po. liat-olice, where she saw the child and the bruises. ft was ebeekieg to look at them: it was ten days after the 31st of July when she sew the child, and after it bad been at the grandmother's hoes'. ' Joke Wealy, as Acre belonging to Poplar dls trkt, said that the child was take, before Mr. Ben nett, the Magistrate, before whom it was stripped ; the whole of its little body, from the head to its ea. vet, was black and blue, end shocking to the sight, and on the eight groin was visible ate effect arising from a blow er bruise, which compelled the misera ble infant when walking, to lean on its great tee. The Magistrate ordered the parish Alms to carry en the presecetion. The care for the prosecution having closed, Mr. Ammeters rose to address the Jery for the defence. lie espattated hugely ow the castled of the mother of show children, who had left them is reside elsewhere. He commented in terms of severity, Hoch es we shall not repast, on the conduct of the greedasother, and said that the promotions was WO. toted for a particular purpose. The childree were, is was tree, ender her are; bet the smolt was to be dreaded. The t sestmeet of the child by the Defend. I set geoid be proved by its father, who would be call. led in evidence. to hove bees as comp as si o n at e and tender as that orbs mother. In corroboration of this statement, the father, Chard, was several times called, but Its did net sp pear. Mr. Bassy roam Isi reply. It was surprising to find that such circumstances should be alluded to without any proof. . Mr. Avoieutts said, that the fault of his ceedect by with his iastgatters. If he bad eel thought that At Hairnet weeld be established, Ise sbeeld -ewer info made it. The CHAIRMAN summed op the evidewee. It was a me of barbarous cruelty. for evety thine bet death bad been inflicted on the poor infant. With respect to the May, ten days. which was stated to have Sc.' cured between the Slit of Jul) and the time when 1 the unfortunate child was examined before the Ma. ' glair's', tbe centime, of the Defendant was mounted rather thaw encased by that circemstince, for the braises on Its body must hive been din.:nitlied rather than 'messed by the time. The Coed could not but express its surprise at the defence. which was brought forward without proof. The evidence on tho part of the prosecution was clear, for be had never seen obsesses give more fair or more deliberate tes timony. The Jury cossetted for a few moments and reform. ed their verdict—Grills. The CHAIRMAN then 'chinned the Prisoner.-- " 6 Anne Taylor, you have bees found guilty of a creel sod wanton smolt on a child, whoa. helots',, sitostios called for your pity sad protection. Whe ther it was the intention of your advieers, from the line of defence adopted fo► you, to obese end to vilify, and afterwards not to prove their a ions, it is met for the Court to determine; however, this rmn be said, that such a defence less not likely to tire your cause any assistance. The sentence of the Court It. that you, Anne Taylor. be cookeed sin months in the Hoes, of Correction." The Primmer was then retnove.l firms the Bar. George Nichehoe was indicted fur um assault on Mr. loopy, in September l►st. The facts of the ram were few. This Defendant was a distinguished 'military carer. who had worried the mother of the Prosecutor. A child sass suddenly token 11l in the hone•, and the Prosecutor went for a sa►poa, aimed Oliter, whose appearance, as well as the inatteutiou of the Prosecutor in soaring his hot in the peewees of his mother displeased the De fendant. whoa he struck him. The Defendint ass fosod Guilty. and ord►red to pay 61. as a fins to the King, sad to `lee his own rem/Osseo in 1001. to keep ife peso for a year. SURREY SRSEIONS, Ocr. 27. —rm.-- James &leased •as indicted for stealing fire cokes of soap from the Inansfactory of Mews. IVestlier. stnne and Woolley, Bermondsey r►+.road. Mr. Weathersiooe, pinny. with Mr. Woolley, said, Is Primate was in their employ ; tho snap produced gas their premed) ; h► kn.+ it, becalm. it was part of a particular boiling of soap then es sale. _ _ Cross esemined.—Sew Prisoner after he was in custody; *ever told him, if he confessed no hare should happen is bias ; did not say se at Union.ball ; knew • parses who had been pointed •at as Pri soner's father-in.law ; did not tell him he would not rewrote if she Prisoner would confess; but he said, if he chose Its d• so N wit well; h• had a soarers.• lion with D.eraan,ead they said, if Primmer tweed King's evidence he would sot promote, became be would rather pettish the many than the few ; he said, in a renal way, it might save hie from punishment; his partner, Mr. Woolley, might bout sworn to the soap, bet he was going a journey; shoes, was sum moned on the Grand Jury I. Monday, bet left is etvdistely after he bad given ►is ',ideate; the seep was net sold to the Prisoner; could met ray it had wet been sold to some customer ; a ton of the bailie( had butts ant •et to thlrereet people; Piisooer was prevent at a c•oversati.o relating to confenien, and endestook to tern evidence. Ft , reined by the COVIT.—They did not sell no. toil, 1111 smallest quantity was 14Ibs. ; the yellow was worth 78s. sod tie mottled 90s. per cwt. Rachel Solomon bought the soap of the Prissier, she pee ad. per lb. for the yellow, sad 7d. foe the whits; witness was a monied woman, her hatband was transported; she had bees take. iota celled,. charged with steeling the seep. Had we cossets,- i tine with soy person exceptiog Mr. Chards, to she. she told what she bed dew told Mr. Issues she would give evidence if she was retested ; sM re seised the soap from I.eansrd, sod not from Sole• mon, her father; Lessard told her be hod received the soap as part of his week's wars ; she cork part of the soap away about eight o'clock on Smithy esornistg, she was to fetch the ether often dinner ; ►he /sirs hiss 90e. sad wits to receive the change when she fetched the reeminder. Witness was stopped in the street with the soap; she boeght it from the Psi , loner. Crosikessoined.—Sh• ems osrried greaten; Mr. Cberrh tees Solicitor to tint prosecution ; Mr. Solo mon ass witeess's father ; he les, hot pretest tikes she bought the mop of the Prisoner. W. Creovey, a constable, took the Primer in Theses's-street ; be sow the lest site's' cone set of the Prisoeer's hoes.; had received igotrnsiien of the sespected robbery. She bed s bog is her possession, •ith Eve cakes of soap, sad be had kept timbal; sad sup eller SWIM. Mr. Weatheratene re.eessintd.—Prisoner was in their employ at the time ; the clerk generally paid the me• their wages ; be inneetiatire paid them Motel', bet could not say which paid on the day in wreath's. Prism, was mimed as a labourer, bat was employed in milting snap. Mr. TURTON. Coeurl for the Peiloner, roarreded that wo proof of the properly had bents sebstantlated, bet the Court over.reled the ohjection. Several witnesses were called, who gave the PA. alner an excellent character, bet he offered nothing In defence. The Cat Mae AN having summed •p the Me to the I Jury, they conferred together for a few minutes, when the FOREMAN said a dnoht esistnd in the minds of his brother Jurors. whether the snap might nut be a part of that which had been sdd . mad toot the property of Messrs. Weatlierstorte soil Co. ; be soul.l, therefore, with permission of to • C oo n, as k M c . Weathersions whether be ci.ohl swear to ha Wog theirs at that time. The Cuxit:star remsrited, that he had recapha.. Isted the whole of the ' , widow - it, ftsal th., molt joie from the facts. One of the witness' h..' beau s that tte Prisoner had told her that he had received the soap from bis emplorrs i• p.tt autst at Die tors. TOO FORZA •11.—W• SrO nut al •4611.41 ; •nd •s wish Mr. Westbeset's* eel be permuted tit assess the plestion. The Custains.-110 will answer it Of coulee, if you wish it. Mt. WI inert answer the gyration precisely. seam I could refer to sty nor , . b ...kr. Oar trade is chiolly with she cosotry, sod I carom es , that any part of the bodies bad hese said to our tow. COIROMeri• The FOILEMAII.—SIioaId you limey lb* diffo.oece between • bailing of soap made by 'osmium ,ed Soother haste, if essefutered et thetas* pe , t4 of dam T••, eartalsly Is w noels ditfareece as It, lettel.stritlasi. The Jery again conaslied tiagetbor, and after a few atiaates &liberation, ratersed a verdict of Rol Guilty. The anneencese feeling of malaise. of the verdict etched a stress PO LICK. -...15.-- MARION woust.—lES:lisin Adievit, e private ate filer of the Ist Regiment of Font Goads, was Yes• lords, ►rosght spun the foliating charge:— Peter Owes, 6, Rod Lim) stteet,Siiitel-ftelds, Is. bower, swim, that between the hosts 0 eight aid nine o'clock, on Tuesday night, he was pialleiag thinsgh Bishopsgste, and observed the Kimmel fol. lowing Me; that. et the corner of Uniois.glivet, Rio shopsgste.street, Pelvises asked him wires o'clistit It was, but, on his takieg oat his watch. Prisoner seised his hand, est the viand of the witch. and its. snediaiely ten off; Promoter powered sod cried, " stop thief," Prisoner was stopped by en /lacer who basil the cry ; Poi had the oath in his hand what Ptomaine am op to Me mid tier °favor. Joshes Gregory, Ilse dicer •ho stopped the Pri. 10tIff, corro►orated the erldeace, mud tart Primmer •as cominitled. DARING ROBBERY AT NOON DAY. CcILDNALL.—A eta•t raMan.leollieg fellow, who gave his same Jews Price, was brought to th• odor yesterday about arse o'clock, by Ilessort, olio •f tbe city reastabler, for a daring street ru►bery, of raids the follooing are the circuostaaces:— Aa eldoely Gentletnan, of the name of Kew, a wine.meickaat, 43. Parliameut.st.ea, was passing in his ass frog Fleet.street to Clisocety.laue, through Clifford's sad Senna.' Laos, shoats/Ave o'clock yesterday ; sod, es he was going them* the door.tory which separates the too Ines Is the vette of which there is se upright Ines, bur, dividing the Doming into two, the Prisoner, though there was sondem room on the otiose side, rustled with great tiotence against him, and 'ere ho coeldfask his why he did so, Mr. Kew felt a straw leg at his watch ; fortunately, having a button to his watch.fob, the fellow woe partly disappointed of his booty, end Mr. KM/ preserved bill watch ; but by the Mama* of the jerk the gad chitin broke, and the fellow ran off with that, sod the gold we t on e key attacked to it. Mr. Kew immediately gave the alarm of " Stop thief," and a young Geittlemaa, of the name of Buford the brother of the solicitor of that aims, 1a King's Bevichewalk, who was coming In the opposite direction thresels Serjeowes' lon, hard the cry of "Stop thief," mad wing the Piisemee roosting, seised mod steered him. A Mr. Kaye, of Great Charlotte-street, Blackfrion'-road, *homed the robbery, and joined Mr. Kyro is the pintail, sod both those Gondolier° deposed that there were no other permits weer, and that they ease lost sight of the Psiaser till he was stopped by Mr. ' Bethel. The Prisoner was takes Into the Lodge, asst searched ; the properly, however, was not head epos him, but was subsequiratly discovered is • corner, close to 'bleb he had passed la his attempt to make his escape. !lenses produced the property before the Aldermen, which Wog swore le by hh. Kew, the Prisoner, who bad sable, to sly is hi deface, was committed to Knead* fee trial. SUNNING DVSTNEN. A Nerdy peg of floosie( dustmen. cousictiog of Edward Newman, John Warren K IVcwasms the younger, wad I loan liedansa , have lately haw pastier!, active is their enepatiee is the city of London, so eit.ch so as to reader the interfeceoce of the Commissioners of Sewers obsoletely owner, to put • step to their proceedings. An informative was secordingly rahibited at this nice agaitost this four mem • few dole ago, on the oath of Chafes Tees. a servant in the employ of Mr. Maras, of Iloston•ftelds, the soperitotendrot ender the Co.. missiesets. tame there is as molar ataractic* oceveager ; and yesterday Neonate the yeomen sad !hit were brought op by Read, one of lb. Helios. settle. °Seers, who bad appreheoded Ibeat is the county, end epos proof at oath of their basing re. coifed sad token away doss from the Meese of Mr. Dimon, of Casilmsteeet, Holborn, they wore War. rally convicted is the peaky of 10Lescb, ender the Metropolitse Paving Act. The Prisoners being amble to per lb. eforessid penalty. wets subsequently committed to bard lamer I. the Hoar of Correction for 30 days. soden the said penalty, together with all costa, bestow paid. Oil the 24th met. Is Mosehibery-tquare, !In. G. Hover, et a daegliart. tit A RlttEl). Oa the 254 lea. at Mari.le.lease nerd. A. Aewtard., Fog. of New gate... rear, to Mt.. Lhiusieth Itabeasea, Nettie wee!. • aq.equare. Oa she 36th last a , SI. Peter's. °lrma. Thema. Gitthee. 1: a. of ti 'Aare Care. Itawell-yetare. to Mary. yaangest daughter et Jesims4 Cache. E.q. 64 'fent. DILI). Oa die 27'b hi I. MI Castle-mist% llollroro, a, rd 71, Ms. ! Randall, of t heart...a tone. 011 the ad .u.k. wIJ. baste, at Paeliiiowtha. James I myna bay, F:•q tmm•rh at fatti.t..,k Oa the Vtitt itt.t; %Val:tam Maass k, (iilord's IW cowl , al •alr.ta. (la - .hi- i7ih 1.4,i, aged ;5, Mr. Richard Clifford, of gismo. Isar. Choigo.ids. COAte%IAKK ET. Oct. V. Alsip; ot Merkel. Shivs w.hl. IYre. :4t Newe. , sle .. 4.; 2i4 lutrrriasb.l .. Ili al. remit) o Ma' ••••• rt.( Utit,r. U. i t ‘t.ta.m4)•l win. I • . ..... .... ..-- t _ ji.H . I q J 4 ' t