The Statesman. — London, England, 1821-07-13 00:00:00

LAW INTEhLIGRACS. COCO OF CHANCRItY, Jinx It. Ibe Lord l'hauseelloe was tbis , day occupied until nelr four o'clock is the bearing of Appeals, bat so • thirst occurred worthy of public make. VICE-CHANCELLOR'S COURT. pro. I.I.Ik• PG', Rag. r. WRIGHT ♦NO MITT. It will he in the recollection of oar readers that the 'a;ntiff had obtained an injunction, restraining the 1 . 1 fondants from proceeding in a certain action which . been commenced in one of the Conn* below, for iLe recovery of the amount of certain post obit bonds ven by the plaintiff to the defendant, Levy, for the purpose of raising money on them. 31r. Weviisnatt. now, on the part of the defendant, !Jr. Wright, moved to dissolve that injunction. The fallowing is a brief summary of the facts of the 'the plaintiff, who was (notified to very considerable property on the demise of his Whet, Mr. James Fos, h tying occasion in the year 11320 to raise a sum of money, applied to the defendant, Levy, who suggested the execution of post obit bonds, which the plaintiff agreed to, and such were accordingly drawn up by the plaintiff to the amount of about 40,000/., and given by the latter to the defendant, who applied to %Ir. Phillips, the respectable auctioneer of Bond street, to sell the same by auction. They were ac cordingly advertised on the 17th of January last, and the defendant, Wright, attended the sale, and was de cl.ired the purchaser of one of the bonds for 201101. f.er the sum of 4115/. Oil the 7th of April following t',e plaintiff gave as a collateral security to the hood bought, a warrant of attorney, and thus matters s'ood until the decease of Mr. James Fox, the father of the plaintiff, which took place a short time after wards. Mr. 0. L. Fox having taken possession of the of his father, the bond became due, and eveatitally legal proceedings were commenced for the recovery of its amount. The plaintiff suspecting col lusion, applied to the Court for an injunction to stay the proceedings at law, which he obtained on the re presentation that there bad been collusion betoren Wright and Levy, and that the defendants had con certed together for the purpose of taking advantage of him, and also that the purchase was not made loins fide by Wright. but for the benefit of Levy.— At'lle answer now put in to those allegations, on the pert of Wright, denied them in lobo. It was aloe aworn that lie, Wright, had not. previously to the sale in question, any connexion or dealings with Levy, but having seen the sale advertised he had gone to it, and made the purchase in question, and assigned as a erase. for not buying more of the bonds that be did not like to sink any larger sum at that moment. Mr. Wetherell having guue over the various allegations made in behalf the defendants, proceeded to cite various cases in support of his argnatest that the sale of post obit securities could not be effected in a Court ui Equity ; because, as in this instance, the party had come i-ito possession murk earlier than he had expected ; and then contended that an adequate value Lad !teen given for the bond at the time the sale took pace. It could not be maintained that the price aught to be fixed by the calculations of an actuary in :s counting house ; that, he was of opinion, must be decided by the sum they would fetch in the market. Ilene the sale had been wade openly, and the price ;'aim was considered to be the fair market price; in atidition to which, there was the strong fact, which VAS of great importance here, namely, that nut of the c•ht•le 40,000/. worth of bonds, be, Mr. Wright, had F archaised but this one of 2,0001., notwithstanding he rai_ht have obtained the whole on the same advanta geous terms. Under these circumstances, therefore, •! trusted the injunction would be dissolved. Mr. Wanartra.n, on the saute side, censured the conduct of the plaintiff in applying to a t ourt of ia!ttity after having, as he contended, obtained the ► :sue of the bond. Mr. AGAR defended the conduct of Levy, whom he ti•-scribed to have acted with the insist honourable in tections towards the plaintiff, he not having received y remuneration for the trouble and interest he had taken in the affairs of the plaintiff; and, in this in s:ance, to have done all in his power to give satisfac tion by employing so respectable an auctioneer. Mr. Brit. (with whom was Mr. SIDIFISOTHAM) sup pu• tetl the Injunction, and dwelt at some length on the vecessity of the Court interfering in cases like the present, to protect the property of persons, who might c.itenvine get into the hands of unprincipled persons, c•ho, taking the advantage of their temporary embar rAssments, obtained from them securities to an amount ut so great a magnitude, and for a sum so trifling and iredequate in compari.on to it. Here security for no less a sum than 2111101. had been obtained from a young gentleman, at the time only 27 years of age, to pay 4.61) the decease of his father, then 64; and could It, he would ask, be said that it was a fair transaction, or that advantage had not been taken ? He 'blended the propr ety of the conduct of the plaintiff, in applying to the Court under the present circumstanres, and con cluded by subiniting that the Injunction ought to be continued. The Vice-CitaxcatLott, toting into view the great :toportance of the present question, expressed an opl- 1 'lion that it ought to have the most mature considers time, and be decided on the hearing of the case. The general role of a Court of Equity was, that the sale by private contract of a post obit security could not be esta blished and maintained unless the full value were given tor it; but that rule did not apply here, for this nes a Male by auction, and the Court never interfered in such cases, unless the vender was in the power of the pur chaser, and the price paid was nut the fair market price. The cases cited by Mr. Wetherell were decided on this principle; but here the bonds were to be sold witbont reserve, as it was stated, and the plaintiff • Lad not the power of employing any person to bid for • them, in order that they should not be sold for le-s AR the market price. If that opportunity bad been afforded him, the plaintiff, be, the Mire-Chancellor, • thought be would not have suffered them to have been knocked down for so small a sow.. Under all the cir eonstances, therefore, it would be difficult to say that Cie vendor was in no sense in the power of the pur chaser, and that the purchase money paid was the fair mari,tt price. However, for the purpose of hav ing the case solemnly decided on, he would continue njunctiou, on the plaintiff paying into Court the of 424/. with the interest due oit that sum. ~..: - the 4 40X1 0 ALL The- present state of Westminster, and the of the Sessions at the iodated the Judges to defer the Sittings after term in Middlesex until after the Coronation. The Cate► JVSTICI, puns. ant to that arrangement, held the first Sitting this day, at Guildhall, and tried several Cosmoses Jury causes. , provided tbe Defend close indictment, i recognisance, of the Prosecutor. which had been estreated under the cross indictment ; *hick being consented to, the Defendant bowed and retires!. A 14 Oneyell.—ffilliem Archer, a well-dressed, athletic fellow, was indicted for an assault too bru tally revolting to be stated, and fund Guilty. Mr. ALIA, said there were five other indictments against the prisoner; but be would take tune till to morrow to consider whether he would offer any evi dence upon them. The prisoner was ordered to be taken to prison, and brought up again to-morrow. His demeanour was most hardened and insolent. James Al'Car* and Wm. Levi/cid, two very young boys, were indicted for picking the pocket of a Mr. Laing of a handkerchief. Mr. Laing was passing down St. Martin's-lane, when he felt a pull at his pocket, and at the same in stant he found be had lost his handkerchief. He turned round and saw the prisoner hangfield, who made a dead stop, and stared him full in the face. He seized him, and found the handkerchief in his bosom. The other prisoner was in company with him lAngfield was found Gnilig, and M'Carthy was acquitted. CONDLCT or CONSTARLIM.---Mr. ALLEY, in the course of the day, had occasion to move the Court to discharge the recognisance of a respectable trade-man. who bail been bound over to prosecute two persons fur felony at the last Sessions. The affidavit of the ap plicant stated, that he was in attendance on the first day of the Sessions until the afternoon, when the con stable who tit es concerned in the case, told him lie might go home. and come again the next morning, fur he was sure the trial would not come on that day. He went away, and when lie came the next morning lie found, to his great astonishment, that the trial had been called on after he had quitted the Court the day before, the prisoners were acquitted, and his recog nizance had been ordered to be estreated. _ _ The learned Cuatam.sx granted the prayer of the applicant, and took the opportunity of remarking that this kind of practice, on the part of constables, had of l;►te been very prevalent, and it could nut be too strongly reprobated. He wondered thAt any constable should hare the impudence to tell a prosecutor hr might leave the Court at any hour, upon his own au thority. It was a gross interference with the course of justice, and he hoped there was nothing worse in it ; bat, it was remarkable that several old offenders had escaped lately in consequence of tucks of this kind. He woull warn constables to avoid this very carefully in future. Mr. ALLOT said the Judges had repeatedly had oc casion to reprobate similar practices, and constables someti►nes undertook to go alone before the Grand Jury, and mannficture all the preparatory part of a prosecution themselves Mr. Anot.rtt►.s said he had reason to know that constables had often very good reasons for this line of conduct. DasAnrct. FIRE.--Shortly after nine o'clock last night, a dreadful lire broke out in the house of Mr Clarke, furniture•broker, on Clerkenwell-green, and in less than half an hour the premises were completely destroyed. Ever effort was made to save the ad joining house; but owing to a scarcity of water all exertion proved fruialess. It speedily became enve loped in gators. which communicating in a few minutes with a third house, presented a most awful scene. .% gang of ruffians added greatly to the confusion that prevailed. a .. THE LA re Rao I 131 WiiTMlNSTllß.—Yesterday morn ing, between five and six o'clock, James MlCarty (the drummer), and the other four soldiers, against whom the Jury returned a verdict of Wilful Murder on the late 111 Liam Cogle, who was unfortunately killed dur ing the riot at the Ahnonry. in Westminster, on the 19th of June last, were removed under an escort of the Police from Tuthill-fieltls prison to Newgatr, prepara to:y to taking their tria:s at the Old Bailey Sessions, which cointsseu.e on Wednesday next. FATAL Misr taa.—An Inquisition was taken yes terday befute Thomas Shelton, Esq. Coroner for Lon don and Southwark, at the °gorge, %Vest-street, Smithfield, on tae body of Darien Palmer, an infant, four months o'd, n hose death, it appeared, wu occa sioned by its mother having, in mistake, administered to it some concentrated sulphurous acid, or oil of vi triol, instead of sweet almonds, and syrup of •iolets, the bottle containing the deleterious medicine being, as is too frequently the case, without a label. Verdict —Accidental Death. An Inquisition was taken on Wednesday evening, before Thomas Stirling. Esq. Coroner, at the Great Mogul, Drury-lane, on the body of a new born male' infant, which was found in the passage of a house in Wild-street, as we stated yesterday. The body was opened and examined at the Workhouse, by Mr.' Burgh, the Parish Surgeon ; there were no external marks of violeoce on it ; but it was his opinion that the child was born alive, and that its death was caused by strangulation.—Verdict—Wilful Murder against some person or persons unknown. ANOTHER GRILAT CAPITAL SOLIO ST BISII!!!—On Tuesday last, the 10th instant, No. 19,515 was drawn a' Prime of 16,000 i. Consols, which. with several other Ca pitals, was sold by Dish, at his fortunate offices, 4, Corn- Lill, and 9, Charing-Cross; who also sold No. 14.041, a prize of 21.000/. and several other Capitals in the present Lottery. The following is the present rich state of the Wheel all of which 'mast be drawn Next Tuesday, the 17th instant, and the Saturday following, being the final conclusion of both the Lottery and the Contract, when of course every prime must be drawn. 1....0f f 1.3.0110 COOAOIS .... ....... ......./25,000 2 *woo Cam!: 441.000 1 I 13,000 Consols 15,000 0 3.000 Consols 6,11011 2 4.1.00 Consols .... .... 4,4un Y, .. 2.100 Consols . 2 1.900 Consols 0 z ' lo Consols 0 2lO Consols. e 0 3O Money .. 1,000 41 23 Money. . 1,023 36. 2l Memo ........ .. 1.41i0 1,011 1? Money .. 12,1611 1,100 ll-11s. Money .. 12.706 Every Ticket drawn the next Dar, is sure to be a Prize, and one-half of all the Capitals and other Prizes most be drawn that day; consequently, on the next day of drawing there will not be aim Blanks. A few war ranted *indrawn Tickets and Siam are still on sale at Bish's offices, 4, Complain. and 9, Chariot-Cross, Lon don. and by his arvnts ha the Country. . akilligag emosamm n, JuLT M weeld relialeish this proereatisati r, and the baldish( sot's Ceeaerl would withdraw the 1 ". sewsl to discharge the creepiest • • HOPS V. PEN/OLD. This waq an action on two bills of exchange ; one for 281., the other for M., accepted , by the De fendant, a cornfactor. The cause was of considerable interest to the parties, insomuch as it raised a ques tion of forgery. The Defendant, in answer to the action, said, the Plaintiff, by signing a deed of composition, had re leased him from the demand i• the declaration. In January, 1820, the Defendant called a meeting of creditors, who agreed to accept ten per cent. in full satisfaction of their debts. Several signed a deed of release, and, among others, appeared the Plaintiff's signature. The question in the cause was, whether it was really the writing of the Plaintiff, or a forgery. Three witnesses, who knew the hand writing of the Plaintiff, proved that it was his signa nre. The Plaintiff's father, his brother, and his clerk, said they did not believe it to be the *ignitere of the Plaintiff. The Com Jr ‘TICE pointed oat all the strong fea tures of the ease, and left the Jury to decide where credit was due. if they believed the signature to be the Plaintiff's, they ought to find a verdict for the De fendant. I f they u ere of opinion it eras a forgery, then they ought to feud for the PlAintifi, and give him 691. damages. The Jun• then retired from the box, and on their return fouctl a Verdict for the Defendant. %vaunt r r. anowN. This was an action for the price of a pair of bel lows: the claim was 201. 'f he defence was tw"folil —first, that there was a hole in the bellows; And next. that they were bought, not of the plaintiff, kit of his father. Mr. Sc AR LE rr contended, that the plaintiff's bellows would just hold breach enough to biuw his case out of Court, the machine• had, in fact, been bought upon special contract: they had been warranted sound, and they had turned out broken-winded. 'a he Jury, alter having heard witnesses on both aides, found a verdict fur the defendant. COURT OF COMMON PIA: Mi. GLILDUALL, JULY I 2 The sittings after Trinity Terns commenced in this court to-day. The only case tried was the following: KIENNISToN V. TIIE F:A‘T INDIA COMPANY. This was an issue from I:l,4twery to try shat has been the annual value, to let, of certain warehouses belonging to the defendants in Cutler's-street, and llaytion-square, from the year lbh4 to Ih:►0, with a view to ascertaining the amount of the plaintiff's claim to certain lay-tithes, which are subject of a suit at equity between the parties. Several surveyors were called and examined on both sides; thole for the plaintiff estimating the premises in question at about 110,0041/. a-year ; and those fur the defendants at about .7),0110/. The Jury fouo.l their valor to be 9,000/. alear. COURT OF EXCHEQUER. Yesterday a cause WS% decided in f.vour of the Crown against the Owner of a, vessel, which sailed from Liverpool, in the year IMI9, with one hundred and twenty passengers fur South-America, to join the Spanish Patriots, more than the Act of Palliament allows. The penalty for carb person, over and above the number allowed, being fifty pounds, the full penalty to he recovered by the Crown amounts to the large sum of six thousand pounds. On the trial, it appeared that the vessel sailed Irom Liverpool with her proper compliment of passengers an•t seamen; but that, in the night time, the extra number in question were put on board the vessel, while she was under sail. —The case was further aggravated b►• the ►uen having been engaged from Ireland for the service of the Inde pendents in South America ; and that there was not even a sufficiency of prevision• taken out fir the supply of so great a number of people, who were, when they lauded nt the first port, Tobago, almost in a starving condition. WESTMIASTEIt SESSIONS. The General Qnarter Sessions of the Peace for the City anti Liberty of N'estu►inster commenced yeoerday, at the guildhall. before W. CONST, the Chairmal, and a full bench of Magistratex. TIIE KING C. JOAN COOKE, ►OR AN ASSACI.T. In thi• ease the Defendant, a young Gentleman of respectable appearance, w4s indicted for an assault upon his brother-in-law. It appeared that tke Defend ant was a managing clerk in a Solicitor's office, and on the commencement of the proceeding 4, Mr. Alley, as Counsel for the Defendant, suggested to the Court the propriety of arranging this, and also a cross prose. cation instituted by the Defendant against thr Pro secutor, when the Counsel for the prosecution requir ing an apology from the Defemlati:,lic rose u it 6 some warmth, and stated that he trotild make no apology, considering that he had a good defence to this prosecu tion. Prosecutor's Counsel.-1 hen, Sir, as yon will not apologize. I will not now compromise, and the indict ment against you shall be tried. Defendant then put in a plea in abatement, which stated that he was a gentleman (he beinE indicted as a labourer.) Mr. ALLar then rose to support the plea, and sub mitted to the Court that the description was bail, and the Defendant calling fur a replication from the Pro secntor to his plea in abatement. The Prosecutor's Counsel submitted, that be had a right to reply oretenus, which he did, that the descrip tion in the indictment (nut being material) ought to be over-ruled. Defendant.—" Give me a replication, to which I may demur if I think proper. I have put my plea on record, you are therefore bound t.► reply on re: wd." The CHainseas stated, that in his opinion the De fendant should have been indicted as a Urntleman, and that he had no doubt (addressing the Defendant) that theilescription of labourer hail been given fur the per pu4of insulting him. he Counsel fur the Prosecution then stated that hr Sties. , uts.—lrire females, of evost appearanat. OW gave their names Catherine Mantras and Mary Hart; elklerweat an eaasoloat los before Mr. Alderman Smith, charged with shitiolifting Mears. Todd and Co. habettlasheri, Pore-aereet. Miss Wawa, one of the shopworn's, statil, that the prisoners cams into the shop at about half-Ott two in the afternoon, and purchased a small quantity bf Persian. They thee desired to look at some lace, *hide she aeeordiogly sbewed them; aid after tittering the contents of two boxes, at length purchased thke qeatters of a yard. During the time that they were tkantitiing the late, is order to suit themselves, she perceived the pritoner, War, rigan, privately withdraw from the box three cards of lace at separate tunes, and drop them into.the lap of her companion, who was sitting in a chair at the counter close by her, anal communicated the feet, ',observed by the prisoners, to %Vm. Cocklestone, one of the shopmen. Wm. Cocklestone said, that on receiving this inform. don be immediately seized Hart, and charged her witlt having the property. This, however, she denied; but he felt, while holding her, the cards of lace ander her arm. She tried several times to drop them, but be kept her arms close to her side, and thereby prevented her. Both the prisoners were taken into a back room, when the three cards of lace were taken from Mary Hart. No property was found upon Harrigan, but the testimony of Miss Watson was positive thst she had removed the pro party and conveyed it to Ilart. Hart said nothing in her defence; but Harrigan declared she knew nothing of her companion hut as a nei s rhbonr; that she requested her to go with her to buy some hear for a child's cap, that the removal of the property was quite acci:lemal, and that she must hare hrosheti it off the rounter with her elbow. The value of the lace was stated at 101. With the prisoner. were fully ccituonitted for trial. l'es!erlav Thomas Packman, of Marylebone-lane, Lit ery Stable-keeper, appeared before K. tltaile, Ecq. the Sit ing igistrate, to mower a summons obtained ag aiost him io eons•quenee of ea informatioa 'barg ing him with neglecting to enter certain particatavt respecting two horses and a baronclie, let out on hire tby him, in the Stamp-Office weekly account, as re quired to be clone by as Act of Parliament of the 57th Geo. 111. 'llse charge being satisfactorily proved, the Defend Ant was convicted in the penalty of Ye/. Yesterday a wJenan of the name of [disarm% wives deeps a house in Alargnis-court, was brought to the odic, charged with ill-treating a girl who lodged it► liou‘r, and by whose evidence it appeared that the risom•r t a house of ill-hole; the girl paid her I, ee work for board and lodging. The 111a ;*str:rte ord, urd the vestry clerk of the parish to be • -reel for to prosecute Mrs. Lazarus. Receipts of the principal Religious Ckaritlls London for the year ending Lady-day, lb2l : British and Foreign Bible Society - .C 139,151 Society for Promoting Christian knowledge, about . . . . . . 4.100 Church 3lissionary Society . . . 31,2110 London Missionary Society . . . 210;4 Methodist Missionary Society, about . 21,30) Baptist Missionary Societe . • . 13.200 Society for Propagating the liompel, about 13,f1410 Society for the Conversion of the Jews 10.71141 National Society for Education, about 8,000 Religious Tract Society . . . ilibernian Society . . . . Moravian Magian', a bo u t Naval and Military Bible Society . . British and eoreign School Society . Prayer Book and Homily Society 7'.54 1 /.049 5" !MS 2,131 1.993 1'2113,102 fly the " New Police Act," which has just passed —" shop, roost', or place for the %Ale of, or under pretence of, selling ready made coffee, tea, or other liquors, shall he kept open after 11 o'clock at night, nor opened before four in the morning, between Lady.- day and MichArlon's; or before six o'clock in the morn• in;; between Jlieloaelinas and Lady-day ; under penalty of any sum not exceeding 10/.; or, for non-payment thereof, imprisonment and hard labour for any space of time not exceeding three months. Also, nu person shall blow any horn, or use any other noisy instru ment, fur the purpose of hawking, or selling, or di trihuting, any article whatsoever, under penalty of any sum nit exceeding forty shillings ; or, upon non-pay ment thereof, imprisonment for any time not exceeding ten days." Yesterday the London Police received information . of a gross untrage committed by ROW einogglers et Deal, on two Officers of Excise. The names of the snifflers are Payne and Smith, and the aggressors ap pear to have been extremely numerous.—The former had rendered themselves very obnoxious to the assail ants by their active conduct, and they became marked ohjects of vengeance. In the course of the latter part of last week, they were surprised by a body of armed men, who Ariz( d them, and having stripped them. and tarred and feathered them, paraded thew through the public streets in a cart, till at length they were rescued, half dead, by the police: The villains escaped, but several of them are known, and the officers are in active search fur them. An inquest 11311 been held on the body found its the pouession of Dr. Lloyd, on Waterloo-bridge. The Jury returned the following verdict—" That the b o dy of a man found on Waterloo-bridge,on Saturday even ing last, died a natural death, and that it was procured for the purpose of dissection." MARRIED. ...... Yesterday, at Clapham, Laurence Desboronuf. Esq.. of Furnivalts-Inn, to Francis, second daughter of Join Hari+. F:sq. of the former place. Yesterday, at Kensington, Henry Jeasopp, Esq., of air ford's-Inn, to Mary Pearce Goode. eldest daughter of Vs Geode. Esq.. of Urompton, and grand daughter of the late George Pochin, DIED. On Tuesday last, after a long and severe fillies,. Mn. Reeve. wife of Mr. i'harles Reeve. of Ilalf-moon-street. On Wednesday evening last, Mr. Robert Henget-mon. of Leman-street. Oooduian's-fields, solicitor, aged 45. His death was occasioned by a sndien fall from his horse. on his way to town, lle was a kind father, an affeetioriate hus band. and respected by all who knee. him. On IVednesday last, at Brampton, alter a few days illness, Mrs. Susanna Pope, in her 08th year On Mashy lut, at Tor Abbey, Devonshire. from con sumption, Edmond Peel, km. *WV° years, son of Robert Peel. Esq., of Ardwiek. LaaaLisire. Leedom: IdlIod.Int“. sod PubHAW .t tho emeo of "Too STATOOII to" amid "Ts. Coss-rtturtoo (udo, birPrj No. $4 Strand. sweaty itt.elookoor• , l e t. WARDZI.L, Jos.. LI.. tt.: to idiom pit C 0.,. oposioodooll, Onto", at. IRV Nq'tiested to b. '. I o I .%