The National Register. — London, England, 1819-07-26 00:00:00

JULY 16. • TMINN* Chancellor.—Was Triphook a party to the supple mental bill ? sir A. Piggoit.-I'a, my Lord, and he has made no answer. Your honour will recollect that trc applied for time through his Gnu's 4. Mr. Wakefield, until the an-wer of the I hike of boroogli shoahl be put in. lie haa 11-ei an °marmot - my tie what the Duke has said, and he can shape Iris atfidava to cad answer. The Vice. Chancellor.—l am only considering how I can reach this vise with most safety and least delay. You are entitled, fano the Duke's answer, to the immediate delivery of some of these articles—l mean the gold plate. the gold knik and fink nerd spoon, which he admits to be in Iris pussrssion. These I shall order to be immieiatcly delivered to the Master. If Mr. Trip book has been served wadi the injunction ordered by the Lord- Chnncellur, as I Ares he has been, he will of not ven ture to disobey it. it these things shculd nut be forthcoming, I think, in a ease where they may have been retuoved by a party entitled to the profits of this estate, that a Court 1* Fttuity hi the power of making that person restorothem out of those profits. You will take your iuuucat.r to order urea. the Duke to deliver the articles, which he admits he has in his posatesion, to the Master ; and that the plaintiffs shall have time to amend riteir supplemental bill, for the purpos:: of enabling the Court to•urt air such a man ner as to enforce the restoration a tits property oat of die accru ing rmts and profits, which I cannot do as the bill is now framed, Mr. Belk—Your honour need not make a t rural order, as I am sure the article; of plate alluded to aril be immediately de livered as you may direct . . I am not an are how the Master's office may be provided tier the sate custudy of such 01'6(1(.4. The 'Vice Chancellor.—They had better fur the prcsaut be de posited with the bookers of the trttAee! , . It was finally ordered, that the plate, knife , fork, and spoon , in the Duke. f Marlborough's po.-ession, should be (I( livered up, and that the plaintiffs should amend their bill, without prejudice to the injunction already granted by the l'hancell.,r. Mr. Ttiphook now have to account tiir the statement whirls he has made, so much at variance with the answer of the Duke. COURT OF CHANCtiVi, SATIRDIT, .frI.V 21. TUE EEETOU INHABITANTS 01' ST. TILOBIAS'S THE APOSTLE. Mr. II art moved on the. pact ci the Rev. Harry Bristow, the Rietorof the palish of St. TI 000000 the Apostle, in the city of Londum, that the CIIIIITIMIttICIIS and rzrei al of the p •.ishioners, (rosters of certain lands and tourineol.u, of the rests solid profits of attach they were in the receipt, might be ordered to produce and chow to the plaintiff the m aliments and title deeds under which such lands and te nements were held. 'lle bill alleged, that although the defendants, 11w trustees, had unquestionably beim in WM sebbion of this property for a very considerable per iod, yet the plaintiff insistoil Cut there hail been a cation of 11w rents and profits; they hail applied thein to wards the relief of the poor, whereat' they might to have Bien applied towards i lug the living of the Recto... The plaintiff insisted that his rights could nut be affected by any len: th of time ; that he was not bound by the neg. ligroce of his predrtessuis clainuieg the que t:oo i and that there was such a privily br tweesi him and the defendants, that hr was entitled to see the unsoinients. The farts of the ease were these :—A pions man of the name of William Citampness, before the Statute of Wills, but by vi, toe of his privilege as a freeman of Lunidom vigil's-it to devise lands in niortmain, in the year IMO, in the 31111 Edward 111., gave by his wit eight marks, arising mit of the tenements of St. Thomas's the Apostle to the Rector fur the hale beiug, for Site purpose of saying masses for the repose of his sonl, and in case of the lodine of issue of John Atterville and Isabella, his wife, he gave the rents and profits of the tenements to the Rector. The ontitigeucy having happened, the Rector hemline entitled. In the year 1317, In the reign of Henry VIII., an Ail of Parliament massed giving to the King all the property which had been devoted to superstitions uses, and tooter that act these tenements had been seized, and aftervioids granted out again iu the same parish. In the yea: 1641, one William Cooper, by order of tile Lords and Commons, who, at that period, were not gloat encouragers of Lectors famed for their loyally, again took possession of these premises, and upon their being restored to tie parish, there had born a succession of Ite..tors down to the present time, who had uniformly submitted to the application of the fonds to the poor, without insistiog upon their own tide to it. The plaintiff, how. see, 0.44 not inspirited to relinquish his right, but insisted that the original iutentien of the donor ought lo be eat ried into effect in his favour. Mr. Wetherell, on the other side, obs,rved, that in ge neral it was the ditty of ii Rector to inter the dead . ; but the Rector of St. Thomas seemed more disposed' to rake up the ashes and disinter the dead, thou ho leave them to their repulse in the grave. lie had dog down through the generations of the dark ages to the year 1360, in order to discover this Wm. Champness, who hail given these eight marks fOr masses lot his soul. Now, in order to get at the estate ill question, though it might not be necessary to go through tire and mate', et it woulil certainly he ne cessary to go through lire; for with respect to the identity of the tenements, the great tire of London had destroyed every vestige. The deirndattia, by their answer, stated, that they were the legal feollei s of this property, mid limier that title had raised money upon it by way of annuity. _ The Lord Chancellor said, he would read the bill and zaue.yer, belute he finally determined uu the rights of the imittea. SCOTCH JURY.COURT, JULY 10. Ft 111101.73 DILIVIFO.—ALL•N V. 31 • 11.F.1811 AND OTHERS. This issue in this case was as follows: •• Whetlx. on or about the isth day of July. IRIN, the Wa terloo coach, of which the defenders arc proprietors or COlltr&C -tors, was overturned betwixt the North Qutensferry and Inver keithing, in consequence of the negligence or improper conduct of the coachman or guard, whereby the pursuer, Men a passenger in said coach, suffered Lushly harm." The damsges were laid at, fur medical expenses, 2001. ; for snlatintn, .1,0001. It appeared tiom the evidence in this case, that the pursuer, on the 45th July last, was an outside passenger on the Waterloo coach, running to Perth ; that after crossing the ferry. and between it a nd the old toll-bar, *here the road brandies off towards Duniferline, a one .horse having in It two Pettons , attempted to pass the coach ; the coachman vas excited by save cal of the passengers, and amongst them the pursuer, to keep before the gig, and put his horses to the I ,odlop. though desired by the guard to pull up; whilst drivir.i.; at tins furious rate, and turning a sharp tingle of the rorul, the coach upset. and the pur suer. with other pawengers, was dreadfully hurt : his ktt arm was dislocated at the shoulder joint, his leg dreadfully maimed. sonic hard substance about tile mach having perfortted it eirou t ,h and through near the calf, lacerating the tenuous and %dotal ves seise° much, as put his hle in the most imminent danger. and Dr. Thompson deposed, that even at this time he was not out of danger. and that lie thought the ainputi.tion of the leg must ulti mately tidlow. Mr. JeKry replied for the defenders, and called three witnesses whose testimony was iLtukled as a mitigatiok ci datk.tge:, and THE NATIONAL REGISTER. went to prov, the fact of the pursuer exciting . the coachman to pa the gig tby which the neettbrow was ocslestoted). One a it nets itatyl Ow the accident ocetirrc.l by the sheds prising ue,r a stone ; het o t cross exantinntion, being aelted the size of the scare, he said, it was tw xi : • of all. The Lord Chief Commies'ancr stetnmored up the case with his usual perspimity. et ref : e :..xsringe of the cetd,:mie ou each side, when the Jury 'ethyl her a shoe t time. and returnel a ver dict tor tile pursuer. Damages. fur medical expellees, 2001. and for sulatiant itoot The trial lasted eight hours. FARII SERVANTS' WAGES. IMPORTANT DECISION.-M WOLASIIAN V. THE DUNE OF aTiooh. Mseglashan engaged himself as a farm servant to • Mr. Moon, ter.ant of the Duke of MIA, for one near, from Madinnias, 1817, to , Niartininal, 1818. la August, .1818, the tenant's clop and stocking were seque,tein. for rent due to ,he landrurcL The servant applied to the Sheriff* of Perth to order the !Julie to pay his year A wages (lull out of the proceeds. The Substitute preferred the scream. but the Dep u te helc, the landlord's hypes. thee to be the preferable right. The servant appealed to toe Circuit Court of Juticiary. Lord the presiding Judge. was of opinion, that the servant ought to be preferred ; bdt as the practice on this point seemed to vary in dithment counties, his Lordthip certified the case to the First Division of the Court. It was there beard fully ; and the Court have decided unanimously, that farm ser vants are to be preferred as creditors for their current wbges to the landlord, whose right of hypothee mud now yield through the whole of Scotland to this court:lLl...and preferable claim. Lord Ilenuand said, the crop w.rs created by the labour of the servants, and that it was the inter.tst of landlords themielves dist the watts of taich L,bovr should be made preferable. Lard Balonno concurred. lard Sta.:cud' r2triarkeel, that the rent is produced by the crop, and the crop by the labour of the serrints. laird Balray, and the Lord President, on more than one prin ciple. were of opinion .that the decision of tae Strcrril be reversed, sod the appeal sustained. The Court gave it/ivy-Dees to the servant. IfINCIALS7'EII aSSIZES. THURSDAY. JULY. es. CARTEWAND OTHERS V. EDWARD TOLLENVEV. Mr. Sergeant Pell stated, that this aas tau netioa brought by the plaint us Nsimiees of Thonme Andrews NI melon Wit. Grover Carta. and 'Arthur Kelly. bankrupts, Ltely trus ting as bankers ut rot 61110Ual, Wilier the lints of Godwin and Co..egainst the defendant, to recover die sous Of 54n11. ss. 9d. due oa balance to the bankrupts from the dependant, who is a respectable miller, 'it'll); at Etn*eurth, near Peiruniouth,and to whom they were thus rnnst.l,,r.drir in advance at the time of the issuing of their commis sion of bankrupt. The Learned Counsel stated, that the only (pies , non which he imagined the jury would have to try would be whe ther the plaintiffs wets the legal representatives of the bankrupt, since the debt itself the sultisict of the present action, lie beiieved, would nut be submitted to their inquiry. The trading, he un derstood, was admitted ; it remained for hint to prose the peti tioning creditor's debt and the act of bankruptcy. The peititioning creditor was the house of 3lasterroan, Miklretu, and Co. in London, the house miming:li that et Godwin and Co. drew to answer their cash ameems in town. . Tee • &limit ut Messrs. Godwin and Co. took plaza in November. lrevinusly to its deetif the house of Ma..tenelau said Co. were very consider ably in advance to it, being creditotsvot only few bills to a large amount, but glibt) upon 11 mortgage for 115,00.4. Let my learned friend reduce this to Inul. if he can, 'hat will still suffice to cup port the commission. The acts of bankruptcy 1 stall prove con sist, with respect to Carter and Kelly, in -abeconding from their home,; with respect to Nlitiehin, in secreting liitikelf to avoid the creditors. A, e... 00 persons have already proved undo this commission, the immense importance of the que.tion about to be submitted to the Jury was.meut obvious. The Learned Counsel then called evidence to establish the commission, and Mr. Casberd, for the defendant, called witnessed to invalidate it, in which he unlimited, for after Mr. Baran Graham had mimed up at great length, the .fury retired, an.: after mine little time. returnee' specially as their verdict, that Alinchin had committed an act of bankruptcy. but that the other partners, Carter.and Kelly, were not bankrupts---a verdict, a Bich, of course, destroys the joint commission wf.ich has Lame against this house.. The trial took up the time of the Court *row .1” o'clock a six. CROWN SIDE, before Mr. Justice Bzir. HIGHWAY ROBBERY. Wm. Bateman ;miPtit.to ihtiiT,cl:isrged with having, on the 13th day of 111ny last, at the parish of Ilunsborn Tarrant. assaulted William Wallis. and ti:lumously taken frum his persoa. against his will. notes of the Bank of Englund and emunry notes to the amount of 991. _ Mr. Pollen, on the part of the prosecution, stated it to be one of the most :•etious and anxious duties that had aver devolved on him. to lay tae particulars of this case before the Jury in such a manner, as should at the Sallie time answer the ends of justice, and communicate to them and the Court those feelings of rum passion and pity which not ca.ly the . per atlisr circumstances oldie CAW called for, but which the hunkutity art the prosecutor bade him MOIL earr.estly invoke at their hands. The prisoner was an officer in the navy : he is yet very yourw,lxtrely 11, of repeetable connexion& Although armed with a pistol, a threat appe?rud to be the only weapon he hail Lid any recourse to; nor hal- any violence marked hi- conduct throughout the unfortinusse circum stantial; lie was about to detail, except the first sad act, which, in its consequences, had been the means of placing him at the bar to-day. On the 15th of May last the prosecutor, Mr. Wallis. alto lives at Forman, near Andover, in returning front Newbury homewards, had occasion to pass through Hartley Wood, where he met the prisoner as he was walking by the side of his gig tip a bill, close by , Hurtsborn Tarrant. 'l'he prisoner, who Was corumg down the hill, on nieeting Mr. IVallis, presented a pistol at his breast, and said he must have his money or his life. The prose cutor made some resistance, but finding him so earnest, he gave him a part of the notes which he had ahout I iai. 'l' ke psi so eq however. seeing that he had more with hirminsieted on his giving up the whole, e.xelaineing, that he was a distressed man. He then told the prosecutor, who had delivered to him, on his vehement entreaty. all the money about lint. amounting to fro!. in bank notes of different kinds, that lie should go on, and that lie would find his hotse and gig at the bottom. At the desire of the prose • tutor, however, lie consented that lie should proceed in the gig himself, and upon his arrival at home the prosecutor gave the alar.o to Henry Licktnan, a se.rvient of Lis, who soon arterwanls went in pursuit of the robber, whom lie was enabled to trace to Basingstoke the same evening. On his arrival at the Crown inn there, he found that a person answering the description his mat- ter hail given hail arrived there, and was retired to rest. Lickman immediately went to the door of the bed room, and knocked at it. The prisoner asked, who was there? Licknoin said, I want something in your moult" the prisoner pretended he could nut unlock it : Licknitut in-tautly broke it open. - The prisoner was standing by the bed. with his hands behind him. Liekinan saw a pistol in one of them, and seized it ; the prisoner immediately gave it up to him. 'to the question, it he was the person who had robbed Mr. Wallis, the prisoner replied, •• I am the man, there is the property ;" at the same ti. lie pointing to the pillow of the bed, under which, and in his pocket, were found all the notes missing. except a fractien of the change of a 11. note. which he had laid out in tome tiifitng purchase. These facts were most satisfaetority proved by Mr. Wallis and his servant. frot the paean., sevezul very reercvtable vimaees cloro3e.l to 239 the honesty of his general ,J meter, which indeed seemed never to have been impeached before this unhappy transaction ; to his great professional merit, which, unassisill by any extriithe support, had onset' him to the situation of master's mate; to some late dreadful visitation of distress ; to his sobriety. rnii.:rie s, and civility. t.yen his prnecutor most ho nancly addressed Jinm. tell to the mercy ef the ilout t in his favour. The learned Judge s'iortly addressed the Jury, who iinnictli istely found the pzisoner IZIOO, but strongly recommended hint to mercy—a pa,yer, which they wsr assured by the Innen should not be ultuttentlua to. BOXING.- Two great tneetingvtook ibce nn %Vethoiday, which attracted all the relitsavl this great metiopolis, namely,. the mob at Sinittiti.dil and tha miscellaneous ;troupe on Crawley Contemn', where Dninelly, the Ii tale Cham pion, t x,iibitrd in a fight with Oliver for Two !band I:unseits.—Withnitt. dereanting nn the rertlatriatilay of either, we poiceed to a description of the fL.itt, which w s originally fixu d w take place too miles lichi God stime,but the piques ti Inaglllit in the army oloccupolitits found some Cllelllltb win tirostacktd in that quarter. and to make safe :he spot o here the battle was fatlghl, eight nailer Gtr. her out Wilt fixed upon. Toe wetness of ;he morning was no damper to the ad mirers of milling peplos, and Smithfield, at least, did not thin the numbers, as the frenuenters of the prize ring. from the paiiiciao to the prig, hate but little taste for edification anon:art the C'ktromans ..sscut!iled so ite.r to Netvgate. This fight excited much interest by way of nationality, and Donnelly's provvets was pros erbiat, from Isis haves vanquished such a matt as Cooper. Hat it was complatitod of, that Cooper was not orwil fatly on the Ctirrah; but the best answer to that is, he did not chose to fight him in .EnalAtid,. and it is but t:ir to state, in respect to the IFISII, that the prejudice in favour of Oliver on Wednesday, in the I.ondon ring, %tit ,n 4 -1) as in Ireland would not be couniimaticed, and had Dol.- nelly rolled shout and picked his •plares to lie dawn upon, (in the inaniter Isle of Wight Hall did) when fighting with hint upon the Cnirah, the ring would soon have been broken. Obs..r is the very gonna of our brave men, but his action is slow, and at 12. w. lie was matched agaitivt a mate dowse. man 14 some.— Ile signalized hintwil in tlete..tio; both Cooper and Painter. The ( onveyarreers were divided between Smith field and the than, but those rresent equalled their antipetle brethren in dexterity , and in da they were as fist as .iny who ever said " stated" to a traveller ; but Copihernos, who know so well the tame of good Hot-. lands, witnotst a permit, armed ti.eurriver wail darning undies, in elf.defence, and saved the tisez. . . . . Cribb W3ll engaged by 3 Noble Lord to second Ins adopted Oliver, . and Shelton was the Locale-ho:tier, Belcher and Randal seconded Donnelly, whose chief backer was the sport.'ng Colonel, and the peat patron of Randal aad the Hibernian Millas.—Bctiing 5 Lo 4 ou I),ainclly. R OL'N D 5. 1. Donni•lly put himself tato goo I attitude fir hitting, with the right shuuldet level ii 'tip lac hit in paralit I is ills the club, lie let lie w ith the lift hand ;La ay twin distance, wlin hi nught the men to a close, and Olivt r received some tuts, but Damien) disen ; aged himself hi giving his advessary a heavy nil. His superior strength 1111/11uppdt cal, and he was backed ai 7 to 4. Y. Glover h:t the hit's u ith th, lets trawl a la Randal, hut without the forte, and Donnelly rushed in with much &nett minstion, and Inn ebe Ora ett x a ant of sc:eitee. There was some hugging hitting iu the close, :Hid Dannelly threw aga to. 5. Donnelly missed his Int. tool anotaer (lure rnlioned, and Oliver the best of the i raring anJ lie hi, a civet sary upon a balance on the lit e.er rips s tan• and Doonelly wets undeunust upon the glißlitol. 4. Oiisitr unrested to ate ropes, a here Dannelly sheeted light, and kale; ed his head :status( the stoLe trail threw law heavily.—Bath a ere bleeding. 5. Donnelly placed alt ft handed hit upon the eye, sad it was ei u: red by a sharp &nit hit uliori the mooc h. a hick freed:, and b) aay n(rumphw nt Danitelty gave 11411 t rust'. ing fail, and %sent Joan upon him. 6. Oliver begs.' to show aunt of condition. and he bit short a itit the tat hand upon the buoy, Slid lie 'revised 4 bill/111 kit upon the head, such which he snot down s. but it w.ts not considered by the umpli es a knock down blow. 7. Donnelly placed a hit upon the tezthi he left-band, and a,,aiti flirt ir lois into. SOme diki•s tour occurred between the seenil. as to the manner hi which the n an were entangled un the g round, nod Randal threatened lu•gtst Shelton a Lick. on the head a ith the watt r bottle. 8. Otive r had evidently sutured !easily from the 14.111, und lie liled too oftwely. kr was thiuis u again.-lievea so fear on Donnelly. 9. I) .unelly plated a hoary fight hand. , (l-1slort• arm his adversary's side, and the murk. was Lod in p siose Oliver went down from weakness. 10, and II Oliver was thrown ;n huth emends, nfier struggling closes, without not hiving of eunwqururr. It. Oliver broke has ground from weakness, wed they were ul,ke ilistrewtd, and both were down, Iwittl the Itilr round. in each of w hid Dunn ii) . 5 strength served him in the throw. Oliver fought al worst until the ISi h round, ultra he tot what is technically termed second o iad s and I.d Kula, and became the favourite at odds. 19. (Miser phit, d twu hits. meeting Iti4 Ildvrrsar, up , u Ow rush, uad Wntirll) appeared taucb diotres-cd, and unot thrown. Until the 22d mind there was bat little fighting, Oliver's head was mach sant:cu, and he sins ;tinting ul escry %IC lit gl I best. la this room, he 4 10 W U. Rotolo. to the ad 11l i l mum of the ring, by tilting himself in defetsive attitudes to the cu tier of the ring, ahi r. he gallantly fought himself out in huil.dog ty It.. gad hurt bill , adversary. t:J. A bite six-clown uf science sins he r di.i.lay tat —lteih let fly al tie same inotaeot. tied the cauttter I.sts held wit..n the bull of fill 11, and but If a fill .I.twn ht v r ra I feet di— lanceCuse each was r a ith the effects of the hploccs, also lc olwrotrd.tr. ugly mem. the krill. and both hod.. ,Zl/ ill du fur several rounds culla urge the dal et. Y 4. 0 ever received .t kit- handed hit upon the throat, as/ wuo throe n iu the rinse. V 5 Oliver thened some extraordinary manhood. Ile went to work at the muzzling sstent t but although mot h reduced in sir. ngth by °seri:once ng hr placed t tto Bush hits upiun his advemars s head, and tore te hon.-1;cl fin:: 2 to I Igloo Other, (ion his know n gaine, No. the gamma s hkla kis abet ar3 L.bilund uu , lL s.