The Statesman. — London, England, 1820-11-25 00:00:00

\~ ~1 / . _:: ~~ LAW INTELLIGEACE. COURT OP CIII — NCERY, Nov. 24. This morning, previously to his Lordship coming! • eta Court, John Henry Cry, Esq. took the oaths of rlirp-iassee, &c. as Clerk of the House of Cumulous, io ! tlic private chamber. The case of the Attorney-General r. the Mayor and Corporation of Bristol, was, on the motion of Mr. 'l'rower, ordered to stand over until Tuesday next. 1 he case of Pullin v. the Regent's Canal Couipany, wh . .ell stands over for judgment, was ordered to be put in the paper for that purpose on Tuesday next. ' The Master was ordered to proceed, de clic in (lit m in the cause of Pinnock and Maunder. L'IRD 111 , SION r. sIR pA•rKI'LIKIVESI. Mr. MArrnaws, in this case, moved that the vene rp! le defendant should stand comtoitte s i to the custody of the IVarden of the Fleet Prison, fur a cuntatupt of (hurt, in not having put in his answer. sir W. Las; es addressed the Court at some length. Ile reduced a certificate of the answer having been put in, and expressed a hope that he had not been guilty of contempt. :Sir. 31 ATTII EU contended, that as the defendant had sot paid the costs, he had infringed the order of the Court, and consequently stood in contempt. Sio W. Lawns urged the hardship of being called on to pay costs, when the failure of putting in his an swi r dl4 not rest with him, as he had given instrne thins to hare that done within the time specified. If, he were ordered to pay the costs, he trusted an early fl.ty would be named for hearing the care, as in the mein time he was in prison; " and why," said the rt:rreble gentleman, " am I there, when it is well known that 1-10th of the money that is in Court, anal h:i.la I claim, will pay my just debts and set me at liberty i" Ile also noticed the fact of there being 11:1,11001. in the Court of Exchequer, while he had two judgments in his favour. With respect to the termination of the suit, he could entertain but very distant hopes, when he remembered the saying of the Noble Lord, " it is in your favour today, but it may he in ours to-morrow I" lle had been represented as entertaining a wish nu t to pav his debts, " but," with • . . emphasis, he observed, " my Lord, I assure that I shonld hare more pleasure in paying them, than the persons to whom those debts are owing would hare in receiving them." Lord Mansfield had said that one year's imprisonment was sufficient to pay any man's debts, but he had been incarceratetifor f wisest years, 'I he Louts ettasteewia, noticing the established practice of the Court, said, that where an answer was not tiled in time, the costs were always paid, anti in this case his Lordship thonght the rule ought to be adhered to. With respect to the observation ralitive to the Court of Exchequer, be should only say that he had nothing to do with its practice; and as regarded the House of Lords, be should only remark, that he never would consent to bring forward one case in pre ference to another, bat if any Noble Lord tlo•nglit fit to move to that effect, it was his duty, to .anbsaia. .With respect to this Court, be was determined nut to injure one party by giving him an undue preference, but if Sir Watkin and the other parties could agree between 11:eniselves, he hail no objection of sacrificing any day on. which the Court did not sit to the hearing of the ea , e. Ills Lordship would give the venerable defend the full credit of being entitled to a very large property, but haying bad the humanr •f being counsel for him thirty thirty years ago, he could not help re .marking., that hail he (Sir Watkin) been advised by 1 's Counsel, the cause would bare hoer settled at least twenty-fire years since. His Lor d ship again repeated hits willingness to hear the case an any day not appoint ed for the'sitting of the Court. and Sir Watkin hiving expressed his thanks, left the Court. COURT OF KING'S RENO!, Nor. 24. Trig KfNa r. W ILLI M N•.'R\H. Mr. OVINEY prayed the jwigment of the Court against this defendant, who emivicted 'm a second trial. at the Sittings in West: • ster after last Term, bt•f•re the Chief Justice, of unlawfully negotiating th- sale of a Cornetcy in the lancers, below the regu -11::.en price, whereby the prosecutor, a young gentle von named Lorraine, was defrauded of 90111. without obtaining the commission. The particulars of this t ions transaction were laid before the public at the ti e of the trial. Gunxi:v spoke strongly in aggravation of pn • r.'<' went. The defendant addressed tho Cottrt in mitigation fi 4 ;rl3 written statement, in which he attributed per .. sec/tie:l to the prosecutor, and even perjury to one of tb • witnesses. The Court were obliged to interrupt Lim in some rar:s of his stetement. • Mr. Justice BAYLEY, in delivering the of the Court, commented with merited severity on the er.:rmity of the offenre, and 5111;!:eatetl, that bad the • defendant been indicted for a fraud at common law, i.:stead of a violation of the statn:c in question, be trivia have been transported. The -sentence of Ike Court was, that he should be imprisoned in the King's — lSeP•li Prison for twelve calendar months. Tail KIM; r. 141 AC SF.NDALL. This was a conviction fur an outrageous assault by - tile defendant, a young mall of twenty, upon—a Mr. li:ehardson, a man of sixty. The defendant less tried • at the last Somersetshire Assizes, before Mr. Justice lie.t. It haying bee' arranged that sentence should IwVassed without the defendant's personal attendance. The Coctur, after hearing Mr. F. Williams and Mr. • I::skina for the prosecution, and sfr. A: Moore and Mc. Mans for the defendant, under all the circuits. •stir.-es of the case, adjudged him to pay a fine of 1001., a:•(.1 tsvo sureties in SO!. each. ISFOIIMATION. Mr. Scstn.rer moved for a rule to 'hew cause why tnforilationshould not be filed against a gee ,. f lislitag, *Mosq name we maderstoo Ito be Matthew Thaekray< Bsq. au officer in the King's Own Magoon., kr* wriiis.g. loiter to Sir Thomas NO. of ibeshire, teritlincso provoke Islam to Gest a • ..'dui!. x ' fortb; , r gentleman had been prosecuted by .. .014telhointkafox 'Noe ofOurys against the (tame taws. On the 19th of Octobt:r last he sent Sir Thomas a Wm., animadverting upon his eunduct in tfiat pro -134114. The letter, aawnhst other reproachful im. potations. charged him with being one of the nieonest and dirtiest muds-worms that ever crawled upon the face of the earth, and added, that be was no gentle man, &r. The affidavit on which the motion was made, stated, that since then 31r. Thackray had said he had sent Sir Thomas a challenge, and that if he did not give him a meeting be would post him. The Court granted a rule to spew cause. THE RING C. It out•. Mr. tiort.nrur communicated to the Court, that in this cafe the parties had consented to go before the \laste•r. IN Tint MAITRIt nr JonN RICH %RD PrtATT. Mr. WI Lux moved fur a Habeas 'orpns to bring np the body of this person, who was counnittatl by Com -5501..4.11er:: of liankrul:t, for not answering certain questions touching assignment of his property to uue of the creditors. The objection to the commitment a a•, that the questiobs put to the bankrupt were fir the purpose of extorting from him evidence of an act of lia iih ruptcy. The l'oußT, after hearing the questions complained of, ritlel that they wu re such as might base been le g.tllr• put, and therefore refused the writ. TUC ICING V. JANE CARLILIR. This defeinirtit came up and pleaded Sot (Why to the intwmation mentioned a few days since, and she received notice tli.a she would be tried at the Sizti:ssa after this Term. COURT OF CONI NION FUR IS, \•)Y. ?S. SORRA') WA: AND DiDElts r. ft NN AND tNol HER. This was an action commenced under the folluning circumstances ; Gilchrist and Co. of Liverpool, were the siwners-of a ship called the Christopher, on board of which they shipped a cargo fur Calcutta ; its;„ as they were in want of money to a considerable amount, they gave the hill of lading for that cargo to Messrs. horradsiile and Co. of London, u lio thereupon ad vances! the sum of 60u11/. The cargo was consigned to John Pennington and Co. of Calcutta. Three of the plaintiffs carried on trade in London, under the name of llorradaile anti Co. and in Calcutta under the firm of Pentsington and Co. Pennington being only, a partner in the latter house. A few slays af:er the Christopher had sailed from Liverpool, Gilchrist and Co. mortgageshher to the defendants. IN her arrival, at Calcutta, it was discovered that it would be neves-• sary to repair her, and, fur that parpose, Pennington and Co. advanced the suns of ISHII/. with which they debited and Co. out of the proceeds of the outward cargo, they not being aware at any time that any change of possession of the ship had taken place. 'I he Captain had received nu intimation of the change, until his return to Liverpool, before which time Gil christ and Co. had become bankrupts. The plaintiffs: then commenced this action for the amount of the re.' pairs done to the ship, although they had debited Gil christ and Co. in their accounts, and the defence re lied on was, that that must be considered a payment so as In preclude the plaintiff from recovering the same sum against the defendants. At the trial of the cause, Me. JustSce Park left it to the Jur y to say, whe tber Pennington and Co. at Calcutta, Laving treWed I Gilchrist anti Co. without knowledge of the cireum-! stances which had transpired in England, might not , he considered as having dune so !...sy mistake. The Jury thought they had, and accordingly found a ver dict for the plaintiffs. Mr. Sergeant Lexs, on a former day in this Term, had obtained a rte.e to thew cause why this verdict should not be set aside, on the ground that Penning-, ton and Co. having an election to debit either kiilchrirt • and Co. or the defendants, had exercised their right by selecting Gilchrist and Co. Mr. Sergeant Vs' 611.1 X now sheaved cause, and in sisted that, as Pennington and Co. were wholly igno rant, that the defendants were the legal owners of the ship at the time the slim was paid for her repairs, they Mad by mistake debited Gilchrist and Co. and there fore that the legal owners w. re aloce liable, as the transaction had been fur their benefit. Mr. Sergeant Luis was heard in reply, when The Covitv saiikthey were clearly of opinion, that the plaintiffs were entitled to retain their verdict, on the griittntis, that the defendants were the legal owners of the vessel at the thue the repairs were -required, and that Pennington and Co. had debited hiilchrist and Co. under an entire ignorance of the change of possession ; that the master of the ship could not have hypothecated her at Calcutta ; and that she could ' nut have returned to this country, but fur the ad van..es m:t•:e by Pennington and Rule discharged. The Slarquess and Marchioness of Salisbury ap peared in person, and suffered a recovery at dal bar of the Court. SECONDARIES' COURT, CoLE3iBX-ITRZET, Nor. * Dirt:* C. This was' an action brought by the plaintiM a re- spet.table innkeeper, against Mr. Dixon, the auc tioneer, of Barbican, upon a contract of sale of horses between them, on which the plaintiff detuandeil the sum of 3901. upon the ground of having performed the whole contract. The defendant had allowed judg- ment to go by default, and a Jury was imparlied to assess damamages. Mr. CIIITTT, for the plaintiff, called Macioce to pro.--, that his client hail uerf.amed the terms of the contract. It appeared front this evidenoe, that the defendant had purchased several horses from the plain tiff, amongst which was a bay mare ; that all the ani mals were sound ; iltat sets of harness had also been purchased, and stable utensils: and that every thing named In the contract had been delivered, with the exception of the utensils, which, Mr. Chitty adutitteti, were not produred,berause there were none, observing however, that in case of purchase, the utensils were generally named. whether any were to he found or not. The amount agreed upon by Mr. Muni fur the put chase was 3901. which be had. however. thought proper to resist. The horses were not warranted. Dlr. E trot tsar, fur the defendant, cross-examined the plaintiff's witnesses, with a . View of proving, that the bay mare hid been glandered at the time of the parches.; that two of the sets of harness had not been accepted by the defendant, in consequence of being link for use ; and that no utensils had been delivered. Upon these grounds his client claimed a tle Ctiou of the difference between .411. which he kati d to pay for the bay tuare, tid 3 . . f.,r te,:is•lt the are had It. a"►'. '{ ; MAtr. INSOLVENT nEwroks . I OI'RT.—FRIPIT. (Held at the Sessions House, Old Bailey.) been subsequently sold for dog's meat to a knacker ; a deduction of 9/. for the harness, whirl' was until for use ; and he also demanded a deduction of 3!. or 4/. for expenses incurred in sending backward and forward for the hoses, which, he submitted, it was the duty of the plaintiff to send to his premises. The cross-examination made no change in the ap 'moronic of the case. Mr. ESPINASSK then addressed the Jury, and saiol, l that the amount of the demand had been offered to thel plaintiff, deducting the above-named sums, which he could prove the plaintiff had no ground for deinanding. The sum tendered was 3591. _ 1 Several witnesses were then called to pr.►ve that the horse was glandered at the time of the sale; but it ap peared, that until nine days after the sale, no disease yas discernible. One of the witnesses stated, that he tendered the 3691. which was refused—that machine horses were nut warranted, but that in all cases gian tiered hoses were invariably taken back. Ile said, in cross-examination, that there certainly ►s-as a profit upon the horses purchased from the plaintiff. Another of the witnesses said, in cross-examination, that horses might iu ii:ne days contract and arri►e to a bright in disease. A third swore that such a thing was impos sible--that the glanders lay concealed for months be fore it broke out. The ostler gare his evidence in the following man ner I thought first it was only a bit of a cold, bat I soon saw she had a Amuck vadtr. She was what trc calla a proper jollier ; she'd a hit oja riot at her nose, hut I saw she rat very well, and drialetd terry well." 'I he SzcoN natty, in summing up, said, it was one of the most improbable things in the world that Mr. Dibbin would try to impose upon Mr. Dixon, or that Mr. Dixon, who knew what horses were so wail, would suffer himself to be imposed upon. Even if theiv had been disease, he did not know that the de- f. 'Want would be entitled to a deduction, fur it had been proved that he profited by the bargain, And it would be rather unreasonable to throw hark the ob jectionable part of the bargain upon the p•aintiti, after having been a source of advantage. Tire plain tiff had fulfilled his contract, with the exception of that part which regarded Cm utensils, 1. r which the Jury would wake some allowance. Verdict for the plaintiff---4W1., deducting 4/. It's. fur t!,e utensils. Sophia Wisdom, a lady who was dressed in rather a II rAldiag at ylr, appeared before the Court for the pur pose of obtaining her discharge, but was ',mimed on tem grounds; first, that she had shout twelve ago taken the benefit of the Act ; and, secondly, that since her discharge. she contracted debts to a consider able amount. These facts being proved in evidence, the Court was of opinion, that these debts must have been incurred either through extravagance or fraud ; and that in either case she co4l not be discharged under the Act, unless three-fourths of the creditors in number And value should consent to the saute. She was therefore remanded to prison, with an admonition to be more honest in future. A person of the name of Harris was next opposed, on the ground of kis having incurred a debt, without having any. reasonable expectation of paying the same it appeared that the insolvent had justified bail iam an action brought against another person, and sworn that hr was worth 19001. sifter all his debts were paid ; he was not opposed at the time by the plaintiff in the ac tion, and his bail was admitted. The defendant in the action did not appear to satisfy the plaintiff's demand, and this insolvent as one of his bail was fixed with the debt. It was therefore contended, that be having made a false representation of his property on that oa casion, could nut be entitled to his discharge. • The Conxissioseas were of opinion, that this was not a case which came within the meaning of that van of the Act which precluded persons who should incur debts, without the means or prospect of payment, Loin having the benefit of the same. The prisoner, at the time he became bail for the other party, might have supposed that the party was able to pay the debt, although he did not himself possess property to the amount he had sworn to; and therefore it was not in curring a debt without a reasonable expectation of paying the same. If the plaintiff in the action had opposed his bail at the time he offered it, it would have been a fortunate circumstance for him ;.but not having done so, he could not now detain him in prison.—He was discharged. Henry Nathan,- a Jew, who bad followed the trade of a dealer is cattle, was opposed by air. ANDREW S on the ground of fraud. This man had been irofore the Court on a former day, and opposed by Mr. Barry on the ground of his having committed a gross fraud. The act charged against him was, that he had obtained a quantity of cattle on credit ; that home diately after the cattle got into his possession, he sold them for -lOW., the whole of which, sum he imme diately after lent to another Jew named Levi. lie was put into prison for the value of the cattle, and when he applied for his discharge, he put down Levi iu WI schedule as debtor to him in time above sum. Mr. Itattav now appeared as Counsel for the Insol vent, and when the opposing Counsel expressed sur prise at this circumstance, Mr. Barry observed, that it was not an unusual thing :or a Counsel to be em ployed as the advocate of a person whom he had, on a loniser occasion, opposed; but he thought it necessary to inform the Court, that although he had in this in stance changed sides, he had not changed his senti ments; for he had to inform the Court, that Levi, to whom his client bad lent the 4001., was now reatly to give up that sum to the insiilvent's creditors: lie would pay down one half, and give good security fur the remainder. After the conversation, the Court acquiesced is this proposal, and the insolvent was remanded until the 22d of December, in order to afford hitn anupportu nity of completing this arrangement. CONTEMPT OP COURT. 1:t THE MATTER or JOHN III'GHES. This wu a rule obtaiied by Mr. litany, calling apon the above mentioned John Hughes, to show• cause why be should not be committed, and otherwise dealt with according to law, for haring practised as .n .I_ , ent for In.cdvent Debtor. iv::hottt liatiag the perntis‘inn of the Coirt for that purpose. . - - Cause 1% as 3 !limn this day on his :Alai( I br x r. \minis, who put in an affidavit, and stated, th at *. defen . !lant had n -t violati if the orders or the authori ty of the Court ; but acted (roil A principle of charit y towards poor prisoners. Mr. II %RUT in support of the ruJe, .eonse li d e a that the aflidaslt in question only corroborated sad aggr o . rated the case on behalf of the prosetation. In fart s it admitted, dist the defendant in open violation of the Act of Parliament and of the Hides of the Court, had presumed to practice as an Agent withonf haring say pretensions whatsoever, not being an Attorney or not having and• permission to act as Agent. of otherwise from the Court. By which poor prisoners mere sp. pressed and others greatly oppressed and injured. The Chief Commissioner, in strung terms, reprohat.4 the conduct and the proceedings of those pretend e d agynts, whose sole aim was their own toNrantlizement, making the liberty and the safety of the persons who because dupes to their artifices, sacrifices to their ma chinations. And he added, that the Cann felt it in. cumbent upon them to mark this case as the first of the kind that cattle hefore it, with partienlar notice, hopinT that the example would deter others front odenilin i■ the like way. He senteuced him th •r;fore, to berm,. witted to the prison of the County of '.urtey, fur three Mender months, an .I to pay a file of 2th. and to be imprisoned till the said tine he pi,!. X.IUTICAL XTELLIGESCR. The brig Sisters, when sailing from Densarara, nn getting over the Bar, peered leaky awl was obliged to put back and discharge. The Pullin, arrived at Breenrork, passed en the 26:11 lilt. alhout 311 miles Iwhow *wiser, the Elisa, Barre r: .hr had been on stoner on the St. Lawrence, but eras r .i withnoot damae. (ht the 9th inst. is lat. IL X. los. tV. srooke the Prot% iolence, of Trigtomonoh, from N et . lon nollawl to Oioorto. mot 7 - olava, all. well. The oorora, Earl, from quelwe, arrived at Ports. mouth '1 looroulay, sailed on the I:nlo ult. Site enreon. treed a II ...mint' hurricane on the Banks of Newfound land, in wtoich the deck frrio : lot, boats, ;anchors, cattle., awl every thing on the ohmic were thrown overboard to , a-event her foundering. • The Hazard, Claxton,. from Sunderland, struck Of. West Pier at Itans‘gate, yesterday, carried away Int buts sprit, and sank in the harbour. The SIIITNS. fr ',motion to Boston, was run dawn near trkwall, l'hots•lay morning, hr the Mary, of Bllth, boot was afterwards raked, and rettornrol. fly Volunteer, Monson, frets :New York, laden w hi t tothaern, prize to 11.31.5. Dotterel, arrived at Cork, on the 17th ins,. I he NitAmin, Walsh, from London In Britipert, nn nn shore Tlonriolay 'morning, near New Woolsey, and it 'vats .loonhtfol ehrtlier sloe could he got off. Ily irennnts from Reerhsvon, the Diligence, lien, from Oporto, having been repaired. would sail shortly, to deliver cargo at the Isle of 3lan, Chester, mid Liver pool. The ifenrr, Milne, of Yarmouth, for Leith, upset. sod smolt in a heavy squall off Dunbar, on the 21st inst. Ose man drowned. The Regolotion, Martin, from St. Johns, N. 11. in Glasgow, whack nrosirtraniled near .‘barsoeh, was cv. tied onto Pwilielfilarhotir, on the •.t.lnd inst. after dip: charging about half her cargo. The William, of Pk-month, Ilall, ran on shore on the .'` 4 th of September, in coining out of New London Harbour, Prince Edwards Island. and Wit% :11 , 111. doned by the crew on the 9th tilt. and would he sold.— Cargo and materials saved. The Phillip soul William, from ilavannah to itrisint, (A.) upset riff Charleston, September 10th. Only the Master and mate saved. The Juno, from Providence to Havannah, was wrecked September 7th, on Abaco. Crew saved. The Ann, Scott, of Liverpool, from Dublin for Qtveher, was stranded at Egg flarbonr, in the River Sr. Lawrence, between the 14th and 21st nit. The Peggy, Davis, fruit Bristol to Miramiebi, has been abandoned at sea, being leaky. Crew sin,..l the Marv, Archer, arrived at New Brunswick from Li verpotil. VIESMELS proKtm WlTlL—Colnuibine, on the 19th nit. in lat. 15. lan. 51. from Illermoda t.. T o b ago , a ll n dl, by the Margaret Bogle, arrived in the Clyde. On the let inst. in the Gulph of Finland, the Ann, of Portsoy, Slaker, frow St. Peter , burgli for Vrangenovatt . by the Amphitrite, arrived at Grangemouth. On the ath inst. in the Gulpit of Finland, the Brother*, Davidson, of Glasgow, from Grangemouth, bound in St. Petersbnrgh, out 31 days, all well, by the Isabella, a-- rived at tirangensouth. N VrlGATlON.—Extract of a letter from Urafrith, Shetland :----" I helleye I never Intl you a copy of paper which was found in a bottle, on the N. W. roast of this point about twelve mouth a ago, and u hick I received a few months &int-et-- (enm) " At sea, July 27, 1919.—Snow Romulus, Capt. Jobs Crawford, f :llirainichi, toward% Shields, Lit- N. long. 20.42 Mid-day." (•TTZSITATION. " This paper was Wand in a bot tle on a beach called the true-Air, at the north part of the Villains sit I've. bring nearly the N. %V. part of the mainland of Shet land, upon Sumlav, the lith of November (l 09), abort four o'clock in Wm afternoon, by my son Charles (Signeil) •• " . (ltuactir Mtn." " Now whether this bottle was carried so far to the N. ii , wl R. 'bp the wind or by the current, let P." Phit""Phervildge. Volt see it was three meaths and IS thy% from the time it was thrown overboard till it was found." NIARRIEIL - On Snfurday. the 'Sits hest., at Otristeitnrett. Liverpool. Wm. P. De !lathe, Evil., Shine in the MTh Light Infrotrv, son of the late, and only brother of the present. Sir Jaavei De Ratite, Bart., of litsightstown. roust} of Meath, fry:and. to Merv, eldest daughter of Thomas Earle, Esq., of Spr lands, Lancashire. Tnersday., at llornsey, Henry Mitbehisoa, Pvt. , e t ranonlntm -place, to Mania, second daughter of (horse Burkton, 1:.:111., of flornsey. On Tees:lay: the tilt last., at FrKtiJoa, MAIL t 111 . Rev. Robert Orme, Mr. George Palled, of Potters -bar, to Miss Eleanor IVra), of E,senslun. _ DEED. On Tnestlay last. aced /3, of • decline.. itlea"f• el ,' " , daughter of Mrs. Riehsed.on of Qnicitiestate. Vort• " ‘"", Lady in whom was combined all the virtues that . 0 •Iong rir sex, anil the urbanity of her disposition endeared her to fll who knew her: Kite entlitreJ her atiletion with truly Cie" tint resignation to the Divine Will. and has died erre./ tar!saatesi bg ktey paid I fell and die fh............,.........41:.............,.e......i5r -- ---- . L°94611 Igaltret. Muted. aid Poblistsed at the 010 0 . 1 'Nisoc sitarsem•y" and "Mg cerloseteurso2,- (wed. Paper) No. 194, Strand, opposite in.lleoseat'setoro s. by R. WARPELL. tan.. LL. B.: to who. oil tor suaicatiotss, Orders, Le are requested to be addreo-l. w I L_ S . - 7 7 I