The Statesman. — London, England, 1820-12-20 00:00:00

LAW INTRLLIGENCE. The plaintiffs, Severn and Co., had brought their action against the Directors of the Phenix Company, to recover 15,000/. on a policy of insurance. That sum was the claim they have on the Plornix, in con sequence of the destruction of their sugar-house in Union-street and Holywell-street by fire. The whole of the insurances in different offices amount to 70,110111. The claim was resisted by the defendants on the ground that the plaintiffs had introduced a new appa ratus for boiling sugar with oil, which was mote dan gerous than the old process, and which they dill not communicate to the Company according to the condi tions of the policy. The plaintiffs proved by a numerous body of wit nesses, that the apparatus was less dangerous than the old 'node of sugar boiling, as the new process was not so liable to ignite as the old, being by temperature less inflammable. A body of witnesses on the part of the defendants came to a different conclusion; they found it i n ure dangerous than the old process. After the Leaped .fudge hail occupied f ten in the morn ing to four o'clock in the day summing up the evidence, he delivered most aisle and appropriate observations on the bearings of the case. His Lordship after dwell ing (melee evidence adduced by the contending parties, said that he al Id not attempt, by any u; • of his own, to decide between so much conflicting testimony, though his firm persuasion was, that in a case where there existed su h doubt on Muth sides as to the merits of the new invention, the plaintiffs uu,6t to have the advantage of it, as they hail property to the amount of 70,00/. pen.ling, and had not acted with the must remote intention of fraud. Ilia Lord ship then expounded the point of law upon the sub ject ; and said, that if the Jury were of opinion that the new process was more dangerous than the ohl, they would find fur the defendants ; but if not, they would return a verdict for the plaintiffs. They would have next to consider in reference to the point of law : whether the plaintiffs had neglected to communicate ' t., the defendants any thing in the new process which was attended with material risk. If they hail, the PARKINSON V. LAVoIITON. policy of curse became void ; and he should so re- The plaintiff, is this action, is a farmer; the de. cord the verdict for the plaintiffs, that leave he given fendant a maltster and publican, living at S a ddl ewo rth, to the defendants to lIIOVV on the point of law, that it in Yorkshire. The plaintiff claimed the sum of 7"!. be set aside and a new verdict ettiered for the de lete. for malt aolil to the defendant, who admitted the fentlauts. This he would do in mercy to both par delivery of the goods to the amount claimed by the ties, with the view of avoiding the additional delay plaintiff, but stated in his defence that the sum Lad and expense of having recourse to a new trial. His been paid. . Lordship concluded by e plitnenting the Jury on the (Inc witness was examined, who stated that he saw,' patient attention they had given to this case during a while sitting in the defendant's tap-room, the money most auxiottsand labial investigation of six slays. paid to the plaintiff, being the sum of 45/. as the ba-i The Jury then retired to deliberate, aed having re lance of the account due to him. Two bills of ex., ruined absent till within a few minutes of seven, they change were also put in, amounting to 49/. 15s. which returned, when the Foreman informed the Court that had been paid by the defendaut to the plaintiff. I after tine consultation of the p o ints propoun d e d to Mr. Desna'', in reply, urged the extreme improba-, them , they decid ed, in the lint place, that the fire hail bility of the story tol d by the witness who had bees ; broken out in the fill-house, by the sugar Wiling over. examined for the defendant ; it was, he said, against : Upon the second question, they agreed that the new the usual course of human dealing for the defendant.', process was less dangerous than the old; and with r* who, it appeared, was quarrelling with the plaintiff.' spect to the point, whether the new process was for to pay him, without any voucher or any evidence e x.! really rot iiiii ttuicated to the insurance-office, they ceps the man who was casually in the tap-roam, net thought it was not necessary that it should he, as the may to the amount of his demand, but even over pay- Surveyor of the office had seen it oft the premises of tucat of nearly 15/. ; it was impossible for him, not the plaintiffs ; and the Jury were therefore of opi knowing of the existence of this witness, to lay before . nion, that the claim of Ilatt plaintiffs could not in them any evidence to rebut the statement he had made, fairness be opposed. Under these circumstances they but• the extreme improbability of it wade him per. returned a verdict for the plaintiffs to the amount of fectly easy in leaving the case to the good sense of the 15,000/. JUry. ; 'f he Foreman then said, that he found it impossible blr.Justice HOLROIrn observed shortly on the pro. to leave the box, without stating that, during twenty bsbilities of the case, and I five years, he had regularly served on Juries, and had The Jnry, without a moment's hesitation, found a "seen Lord Kenyon, Lord Ellenborougis, and other verdict for the plaintiff.—Damages :!91. Is. Judges preside, yet in none did he ever witness so lII:NTEK V. KING. much urbanity and elegant courtesy as he observed in This was an action against the defendant, an ad- the Learned Judge whom lie now had the honour to yertising money-broker, and who acted as the agent • address. for the plaintiff, in purchasing an annuity for him, His Lordship bowed to the Jury in grateful arknow tor negligence in the performance of his duty. I ledgment fur the tribute thus paid to him, and then Mr. Scanner/ . shortly stated the facts of the case expressed his regret at being obliged to differ with to the Jury, the defendant, he said, was one of those them upon the question, whether it was material that persons who advertised to lend the- money of other formal notice should be given to the defendants res people ; be was introduced to the plaintiff to vest some pecting the new process. He was decidedly of opinion money for hint ; lie stated to the plaintiff that a Mr. that such notice ought to have been given in confor- Tuffnell would grant an annuity on very advantageous salty with the terms of the policy, anti the neglect of terms, and to make the security unexceptionable, the it was a sufficient ground why the defendants were Rev. Mr. Pyke, of llaythorn-park, in Essex, would entitled to move for a new trial. His Lordship now join with Tuffnehl in it. The plaintiff consented to I requested the Jury to consult among themselves whe *chance his money, and after a time the deed was pre- thee they thought it material that the notice is tines pared. and signed by Mr. TufTeell, the Rev. Mr. Pyke, ' tion should have been given to the defendants, stip end duly witnessed. The plaintiff paid 4991. for an posing their surveyors, Messrs. hockey and Cope, bad *acuity of 701. per annum, payable half yearly. At not been un the premises aid seen the new process the end of the first half year, Tuffnell decamped, and The Jury, after deliberating a few minutes, re- Mr. Pyke being applied to, he denied having ever j turned for answer, that they did not think a formal joined in any such security, and affirmed his signature intimation necessary, as the new process was less dan to the deed was a forgery. He (Mr. Scarlett) was gerous than the old, and that no such intimation was far from charging the defendant with any knowledge made. of the fact, that the signature of Mr. Pyke was forg- His Lordship then said, that was not exactly the ed, there was not the least suspicion of that ; but the i question he put to, them, though as they now stated. charge was, that being the agent of the plaintiff, he that no formal intimation was made of the new process, hid not made those proper inquiries respecting Mr. the defendants might move for a new trial; yet it Pike, nor exerted that degree of diligence which was I would be for them to consider whether they would act his duty to de. wisely in pa tlonging the contest upon the construction Wit . . were called, who proved the facts as of a point of law, after the case had been decided slue stated. against them upon the two questions of fact. .. . Mr. DENNAN, for the defendant, put forward seve- The Court adjourned at seven o'clock, aria the Yee- M) I technical objections, which were over ruled b y the dirt was received with loud acclamations by a large learned Judge who presided. The learned Counsel ! assemblage of persons on the outside, who waited the contended, that, on the ease as it stood, there during the day in ant us expectation of the result. was net evidence for the Jury to find a verdict against bis.client : for aught that appeared to the con trary, iESSIto, Taffnell might be dead, or might, as was stated, be absent from this country , and he mig ht have left ne throu gh. morn sofficient assets to satisfy all demands against resterday lie Sheriffs. A. him; for aught that appeared to the contrary, the ',weeded to pass plaintiff himself might have undertaken to procure (lowing persuis, ca, the signature of Mr. Pyke, aad, under all the eircum stances, he thought it was a ease upon which the Jury trees Farquhar, W. would pause before they found a verdict which wind! -queer*, for Is s. be ruinous to his client, on •-tie evidence which bad leen laid before them. Mr. Justice HotabyD stared up the evidence, hnd 'llse Jury, after a abort dephocition, found a rertact for the plaindli—Oasonits 5141. . COURT OF COMMON _PLIZAB. Goa . Doe. It COURT OF CHANCERY, Dec. 19. DICED AND OTHeRB C. PARKINS AND °TIMMS. Ale. HART, in bringing this case forward, said it a.i one of the many instances in which persons en- I red into contracts that they were unable to arm's)- ; :islt. The parties here were the Members of a Beve r t Society, called "The Helpmates," and the object mit was, on the part of the Learned Counsel, to free them from the liability to which they had exposed :hentselves. To do this he was instructed to move on the part of the plaintiffs, for an injunction to restrain those persons who formed the committee, from paying or otherwise issuing any monies belonging to the ge neral fund, and also to restrain those persons who acre in she nature of trustees to the society, in pos session of the invested property, from parting with it. the Society was founded in 1796, and had for its ob ...ea the provision for persons who should arrive to the period of Old Age. This was to be dune by those sub -I;ribers paying proportionally, and at the present time there were 2-15 persons entitled to claim 6,0 1 01. per annum. In the course of the next year an additional claim would, or might be made, to the amount of 2.410/., and in the succeeding year 120 more claim- ! ants would be entitled to an additional sum of 3,090!.; end is the course of live years, there would he no less , p. cum claimable than 16,6901. against the Society,l while it had but 15,000/. to meet the demand. This would clearly show that the Society, if it was conduct ,l on the same principles as at present. could not ex ist for more than two or three years, and therefore it became necessary, if possible, to put a stop to the mis t Mef that must otherwise accrue. The Loan eIIANCILLOH granted the injunction, at the same time expressing great fear that it was the ease pith many of the societies instituted, which held taut hopes that they never could realise. - --.1. COURT OF KING'S BENCH, Dec. lA. OLD BAIZE Z' SESSIONS. SEVERN, ZINO AID CO. P. Tlile.rosationt, ptisvaaarcz. - • omens. •-• . This important Insurance Causer which ham•ttetu piNi the Chief Justice of the Common r.eas, and She Jury no less than six days. n-u this day decided. John Clarke, Patrick Connell, Heorge Wright, Sarah Myers, E Lyons , P. Davis, J. Lovell, E. Tremor, Wm. Ai•cher, Charles Roach, John Saunders, John Clark, Thomas Jones, Charles Jackson, and Peter Malchin. The following were sentenced to 14 years transporta tion for passing forged notes : H. Herrington, Charles Cartsagie, %V. Whiteman, M. A. Platt, M. A. Kelley, Wm. Hudson' Henry Schrader, Elisabeth Denham, Biro. Preston, John Mason, Williams IFaulkner, and James Ilenry. Fifty-two to be transported for seven years ; four to be imprisoned in Newgate and other gaol s for two years; several to be publicly and others to be privately whipped, fined Is. and 'discharged ; and four hail their judgments respited. After which the Sessions adjourned to the 10th of January. The liavi4o Portuguese brig of war, from Pernam buco to Rio Janeiro, is taken by an insurgent priva- Leer. Mammy° our or Parson.—A few evenings bark some convicts, who were confined in the new House of Correction at Brixton, effected their escape in a very daring manner. The prison is not wholly finished, and this circumstance inspiring some of the boldest thieves with a hope of being able to break out by souse means or other, live of them leagued together for this purpose. They kept their design a secret from their fellow prisoners, and the better to disguise their intestines, seemed very arentive to their employment, and reserved towards each other. The absence of the wet-kitten was determined on as the signal, and as S.OOll as they went away, some of the prisoners seized on the builder's ladder, by means of which they scaled the wall. and got away. It is supposed that they crassest the fields, and entered town by a circuitous mire ; but their absence, and mode of escape being quit discovered, emissaries were dispatched after thesis in all directions ; tell out of the five were shortly afterwards recaptured, and to their great chagrin, lodged again in their old quarters. On Sunday last private information was received, that another of thr delinquents, named Ilaswell, who was cast for death at the last Assizes, was concealed at a public-house in Blue Anchor Lane, Bermondsey ; thither the officer went, and retold him as described, disguised io a rountryniass's smock fruclt. This mast being the most desperate of the whole, a violent resistance was anti cipated ; but the moment he saw the officers, hr tub. them that he Wll4 completely dispirited, and although it took give constables to apprehend him last time, y. t that he would go now quietly. He was on Nlottda conveyed before L. .then, Esq., at Unien 11.111, I. ) wh.on lie was committed to his old station. Ihe others have at present evaded all search. 'there sloe not appear to he any blame attached to the hreper ut the Prison, who is a very careful and active man. COIN ens I sot:ker.—Monday night au inquisi tion, which lasted several hours, was taken at tiny's Ilisapital, in the Borough, before Thomas Shelton, Esq., Coroner, on the body of John Nash, aged 35. M r. Searle, of Love-lane, Lower Thames-street, fish /longer, knew :1w deceased, who was in very respect able circumstances as a master lighterman, in John street, Horsleyslown. flu Saturday the flat of Octo ber, about font o'clock in the afternoon, they were proceeding along the Kent-road in a gig, and when near the Otto Cur, public-house, their attention was attracted try a crowd who were witnessing a combat between two lads who fought with sticks; the de ceased pulled up against the kirb to see the light, and they remained there a few minntes,when witness turning suddenly round, beheld a waggon, heavily laden with bricks, ramming in contact with them, and no driver or any ostensible person to guide the leant. Witness instinctively threw himself from the chaise, and the next minute the wagon came against and overturned it and the horse, and he saw the deceased under the wheel. When he jumped down there was no time to alarm the deceased, and it was only by the interposi tion of Providence alone that he escaped with his own life ; the deceased was taken up senseless, and con veyed to the shop of a surgeon, who declared his arm and lee, to be fractured, and reconsusended his being immediately conveyed to the hospital. The deceased hiss left a widow and six young children to lament his loss. Mr. Warren, of No. 414, Strand, currier, deposed, that on the slay in question he was driving a gig in the Kent-road, and the deceased and Mr. Searle in another ; they stopped to see the boys tight, and wit ness drew up his chaise fur the same purpose. The deceased could not well have seen the waggon as he stood, and the transaction took place so suddenly that no assistance could hare been afforded him. Witness assist I in conveying Mr. Nash to the surgeon's ; in the mean time the driver came up, who seemed much afflicted at what had happened, and gave his name and address readily enough. The cart belonged to Mr. Butterfield, of the Strand, and was heavily laden with bricks. Mr. Maingy, honse-snrgeon at Onyx Hospital, ex amined the deceased, and found his thigh fractured, Isis arm broken, and the extremity of the abdomen much injured ; the usual remedies were applied, and hopes were entertained of Isis final recovery,—but, about a fortnight a^o, symptoms of mortification ap peared, to connterart wisiCh every. thing failed, and the deceased expired on Saturday. The Coroner, in his charge to the Jury, took occa sion to remark on the number of fatal accidents which daily occur by the carelessness and inattention of drivers, which he thought might be much prevented, if - refused - employ any in that capacity but men diet TIIR STATESMAN NAUTICAL INTELi,IGENCE. The Vreeden en Vrientlschop. Nienween, from Rot terdam for Surinam, and the Vronw Bertrude, from Rotterdam to Bordeaux, put into Ramsgate on the 17th instant, having been ashore on the Goodwin Sand: they are very leaky. cargoes damaged, and mast discharge ; the latter has lust an anchor and cable. _ _ The Merchant, Halstead, bound to New Orleans, grounded in tieorge's Duch Basin, Liverpool, on Sun day. She was carried bark into dock• the following morning, with tell feet water in her bold. Carp dis charging. The Elizabeth, Ball, from Hamburg!, to Bristol, was driven on shore on the Home Sand, near Lowes totfe, on Sunday night. Cargo discharging, and it was expected the vessel would be got off. The Martha, Martin, from Miransichi, which struck on the Bank sib inst. off Maryport, and got a I, was stranded next morning half a mile otf the Priestliede, on the coast of Annandale, bilged, and was abandoned by the crew, anti afterwards completely pillaged by the country people. The Diana, Cleghorn, from Liverpool to Riga, struck on (laza, off Oland, IN, id:. and had between fo►r and five feet water io liw hold, but was got off by as sistance of the Diving Company, after discharging part of her cargo, and carried to Buda, near Calmar. wit re the cargo would he sold. YARMOUTH. Oct.. Is.—The Kitty, Anstiel!, from Rotterdam for Doll, got entangled in the Sands tqf this place, and was assisted out by the boats from the shore, without any damage. BOXING. The calendar having been gone through . the Court adjourned at 3 o'clock until 9 resterday morning, in Renee of the Absence of the Sheriffs. A short Ire l atter nine, the Recorder proceeded to pass the lawful sentence of death on the following persons, capi tally convicted during the Sessions : James Long , Henry Herrod, James Farquhar, Wm. Platen, John Head, a.nd William Lawrence, fur bootie -4 breaking in the day-time; John Marl,. fit. Chaadler, John Davis, Edward Burke, Gesiryre Maws. John Col- Ma. Joseph Martin, Henry Tobin, J.tho Reteves.Joseph I.White : Matthew Colte r , Joseph Johnson and James Hunt:for highway ro b beries Joseph . Anderson. Samuel Jones, William Dunn, and for s - George Mien. Elizabeth Holland, Parker, William Polder, and Catt Wielding in direl/hts•-homws ; • ..teggligie pawl, Abraham Hemasinr" The following, wets inrdned life:— James South, 3. Hanlistv, W. Fttrl•vrlets.• May. S. Davis, John Donn, 'facie Lyon, R. Greenfield, B. Pattrrson. C. Johnson. Henry Brooks, William Hall, so Mr. derL horses poor A trementlitits battle was fought yesterday morning in Kilburn-fields, between John Edwards, the Hunting don drover, and Matt. Crisp, a umigator. It was made 1111011 the preceding light at a piildic-lionse in the Edgo are-road, for 'll/. as well as love; it was a match unknown even to the fancy. Crisp was seconded by hia brother, alit) George Hooper officiated for wards. Five rounds were fonglit in an limit- attd t ;,:ilf; it was all slaughtering milling. The first nor ;41 Listed 22 minutes; both men were hit to pieces, to PMr t h e slang diction. At the close Crisp was thrown, and the ring resembled a crimson line in the real %Vaterhiii style. In the second round hoth were piping at a distance. Crisp made play, viol flattened the bridge of his adver sary s nose; the drover shook his head, awl went vs ry sulky to work; like the first round, the give and take was the time of flay. After a manly bout, Crisp was floored by a tee np in the triad. In the 0:4.1 pound both were hit blind, and there were at least twenty exchange blows. The men fonglit until they rolled against each other, and ;,ii as helpless as babes. The fourth round brat Crisp, by Lis atlyers try crack ing a rib, hot he fought the round out without appa rently knowing what had happened ; be had the be“ of it, and hit his adversary down by a round blow iu the throat. In the fifth round Crisp was brought to the scratch doubled nor, and his action gone, when Edwards hit Lim down, and won the fight. lion. Demur el pieces& exor. Thv house, and (la the cap of life. That honey-drop) thy pleasing wife. QOCRATES, by his discourse on tuarriage, so en -173 raptured his auditors with the subject, lbw the married men flew to their wives, and the baehelem hastened to be wedded : and " The Spectator" has 'Airport. that the word wife" is the most agreeable and delightfld name in nature. The sacred institution. then. of marrisge, rompesseo the desideratum of our enjoyment ; teeming not mealy with hsp piness on earth, bait disposing the soul it elf to harmonize with bliss herrefter. Previous, however, to entering into this hallowed obliga tion. it becomes an imperative duty. not enly ro re7;nlatethe passions, tint to cleanse the grosser nature from thoettlisi purities, which the freedom of unrestricted pleas ire may have entailed upon it. To the neglect of such attention are attributable many of those hapless instances, Wadi. white they excite the commiseration of the beholder, sleAld.alm impress him with the fear of self-reproach. Luxurious i.abits will effeminize the body—n ;wildest, in' the tropics will relax the elastic fibre—bet more especially lines the premature infatuation of youth too frequently corn+ promise the natural dignity into a state of inanition, from ' whence the agonized sufferer more then doubts the chance of relief. To all such, then, we adores., ourselves, offering hope—energy--mossculer strength—feilcity ; nor will oar. advances appear qwestiouable. sanctioned as they err by the multiplied proofs of twenty years succe:.sful esperience. The easy cares of married life, are sometimes disturbed by the suspension of those Meetings which coneentrate the nuptial wreath—for the female habit is often constitationally weak—vet It can be strengthened, and deficient energy im proved Into functional power. In every ease of syphilitic intrusion, as well as in every relaxation of the generative economy. we pledge our ability Ito core speedily, and with elect. Earnestly solicitors to expel the unfeeling empy ric front the position so presumptu ously taken up. we debate from g I prieelpies with less hesitation ; and confident in our own honourable integrity as Members of the College of thirgeotts. we refer the anferlig community of either sex (especially those entering into ma trimouial life) at once to our house, where daily attendance is gift' for personal consultation ; and letters from the country are immediately answered ; thefe must content a rentittaere for Advice and Medieine. which can be forwarded to any part of the world. however diatant. GOSS and Co. M. R. C. Surgeons, It. Bouverle-street, Fleet-street, London. •,,* Private door round the corner. Just published (Tenth edition). The JEGIS of LIFE. a (miller continent? ry on the above Diseases. By OOHS and Co. Addressed to the Youth and Maturity of both Sexes. May he had at 90. Paternoster-raw ; de, PO-miff Prime-street. Soho ; 1i t, Fleet-street 1 and of all Booksellers. Price bs. M AR 11 IED. On the 141 h Inst.. nt St. elemener. East help, Me. Pune. Beckley. of Old Fivh•street, to Mips Reeve. ur Martin's lace, Casnoo-stroet. TED if masters refused to employ say in that capacity but I - - DIED. one through. the Coed men of exemplary sobriety and regular attentive I Soddenly. on Monday best, at his below in Windsor-ter- yesterday morning. in habits. rare, t;i4-road. Lintert kumpinning. Esq. many par* *the Sheri ff s. A short Old Broid.street. After a short consideration the Jury returned a T er. chief clerk at Messrs. Bannon and Co's, of • Adan's•ctooirt. fo p l roc low ee in d l e g i pe l trosopeass,scatphie-w- It " a e last og e in sor, '' On the lath inst. at his boom Ingeemi-emterr, Westin !diet of Mandated ra' Ueerir W4l th. I driver. ster. atter four do)** Slams. Joseph lloplins M.D . 10 Ile ms : , James Farquhar, Wm. i Windsor. who was in the room , accompanied by had be i en the aceuttcbear of nearly td.Oat h t fematis. mown it s with enneh eoncern we "nominee t e de a th of m Lawrence, fur bees.- i Mr. Butterfield, 14is master, thee came forward, and 1 Shipley. Esq.. West sea of the %rev Rev. the Dean of iii. hin Mavle. M. lismidler. ' declared that the accident entirely originated by the Aeaea. olgeb took place at Berens, la thelSeeth of nears% !ogre Mama. Jobe' Col- 1 horses toking frig ht at some neise in th es e c ro wd. The the nib alt.. amier the, fallowing c i rc umstance's —Ile tin. J. in Reeves. Joseph poor man seemed much distressed, and his wife. who was sktotialt. 'Beaded b a pommel of the phew , stZ slsa .ph Johnson and Jamesbed killed a bird. es- osepli Anderson, Samuel was also present. wept bitterly. Mr. Butterfield h ave sot earr iewr ied a g i ai bi l l i lr ib . y it lip I the man „ none ova ems. lam 11'511. for bar11:67.14 him a very excellent character. Um Sao .. eallatteisteip low ellf width". gir.er til, ...en lilbson. The roomier told Mat that time Wire colloids* tochic - E a . t tth et e t eel s 11 . 14 oherise hinedenabil. Ur doss which might Vag( avail is swede', plate, bat lie t d . ...tb i s . :l S . ,+. 4 ,Pi . 111 tie •411111ee to logualhoda: 4 4 for later , 4144 set sk to . alleins4 alai easetteeatly he alling 1 1' 40 411 ' as ••• : I: . . • so 4i a n,o a 1 estrrilesw, sot dile :114 vi n , le vi rrpinepouted Set . . . .11, iftsibsiessaidail4ol4o, lticirioi 0-144 'a ---. 4-imaftim- Port ...f . .. ay W. F„0,„1 e f . :161 , ,t,ti saint Assist% and souse gegtleasen in the pimp 1 - Piper) 146 In. littaa4. eppseite lie Lyon. K. iireetifieki. lerteil a littl e mone y among th e m, whirls they VA by lt. WARDELL. Jew.. LL. B.: I. Mien sit be- ry Brooks, William Hall, his wife. maaleatioast,Orders.lle. are raqueeted tie be eiletwod. .....NIMIM••• 2_