The Statesman. — London, England, 1813-08-19 00:00:00

r i AIM • VA LAW iNT Lt. COURT OF Clll. C Et-PARA EDMgADS, IN ir itAtyriViiiittAttans. The Loan CitAxee.t.i.oa 11;dil tli 41'540400r tion for superseding the commission,: a • , the "iititigen matter was Originally heard, bit trafftiship e U2l been of opinion that the cominissiiin Ought to I* soperi *Med. It having since been moved that this should be done with costs, his Lordship had cartietl home .pith him the affidavits, and after carefully'Perustug them, rern.iined of opinion that the commission ought to be supeheded, but that it was a case in which lie was not called on to give' costs: lie, therefore, ordered that the commission be superseded without costs. • EX-PARTE lIOLGATE, IN TOE MATTER OF MARRIs. In this case, which was an application on the part of the joint creditors of Morris and Nicholson, to be allowed to prove against the separate estate . of Mr. hlarris, a sum which Mr. Maris had 'withdrawn from the joint estate, by overdrawing his account, his Lordship also gave judgment. lie had carefully rend through all the nifidavits, and although it np. reared Out Mr. Morris had, on various pretences, overdrawn his account with the joint estate, anal that he might by misrepresentations of the proiperous situation of his brother's affairs have put his partner off his guard, and caused him to look less strictly into the actual state of accounts between Marris and the joint estate • yet, upon the most deliberate con- Sideration, his estate; could find nothing in these affidavits which brought this case within the rule laid down by Lord Thurlow, in the case of Fendall and Lodge. His Lordship therefore ordered that there should be a dividend of the separate estate of,Marris, without any proof of the debt claimed by the joint estate Against the separate estate. Ex-PARTE LADY - VANE TEMPEST. Mr. Hater moved that a manager might be ap pointed to superintend the extensive collieries be longing to the infant daughter of the late Sir 11. Vane Tempest. This Has a motion of the utmost import ance to the infant, as. upon his Lordship's immediate complisuce with it, depended the very existence of those extensive works. The Registrar had started a doubt on the subject of this application, alleging that it was not usual to make such an order till after ap. pearance. r.• Hart submitted ; however, that there Gould be no: objection to a person's asking that a manager might he appointed to take care of. this or her own estate; and that the rule alluded to by the Registrar could not apply •to ao application in be half of an infant, which .enly went the length of re questing that her property might not be suffered to go to ruin. Mr. MONTAGE; said he was instructed to consent to the present motion. • • The Loam Citaatemon. observed, that the rule alluded to by the .Registrar applied only to cases where there were adverse interests, ie which case there could be no appointment of the kind till ap pearance had been entered. But where this was asked on the part of an infant who had just succeed ed to estates in which there was property of this de scription, there could be no question as to the right tied propriety of making such an order. Ilk Lcird ship was perfectly well acquainted with the works in question, and was thorougAy convinced that to interpose a sinale _week's delay in carrying them ow, might cause their entire ruin. His Lordship there fore granted the order. EX-PAP.TE WATSON, IN VIE MATTER OF WATSON AND NELSON. Mr. Sit anwELL stated this to be an application on the part of Elizabeth Watson, on behalf of her chit eti, to be allowed to prove against the estate cf the mother, and her partners, a debt of 17,0001. due by the partnership of Watson and Nelson, to the chil dren of Mrs. Watson. It appeared that the deceased husband of the Petitioner had carried on business, first, in partnership with his father, and afterwards on his own account, to a very great extent; and that, at his death he lea a large personal property to his widow and child e After the death of her bus ba-nd, the Petitioner entered into partnership with the other bankrupts, the Nelsons), when the stock in trade belonging to the Petitioner's late husband was valued, and guild to amount to upwards of 30,0001. Five ninth parts of this sum was brought into the new firm of Watson and Nelsons, by the Petitioner, Mrs. Wat son, as her share of the partnership stock ; and the remaining 4-91hs, amounting to upwards of 13,0001. ava) entered in the books of the concern, as the pro peity. of the Petitioner's children, being part of the provision made for them under the will of their de. ceased father. This debt, with interest, amounting to the sum of 17,0001. the Petitioner, Elizabeth Watson, bad offered to.prove, in behalrof berchil dren, under the commission which had , since issued against her and her partners in trade ; but the Com missioners having been pleased to reject the proof of such debt, the:present petition to his Lordship for liberty to go in and prove the debt became necessary. It was impossible, the Learned Counsel contended, not to see that this was a debt specifically set aside, and designated as due to these children, . from the very day of the formation of this new partner ship. It was entered in the partnership books as such, and had been uniformly considered as aalebt due by the partnership concern to the eight children of the Petitioner, Elizabeth Watson, and her deceased husband. The Loan CuANCELLOIt asked, was there any per. son on the oti•gr side? Being answered in the negative, ilia Lordship said, he thought the present debt was piovealal,e., It was to be regarded- as -t loan of sfs, muchilioney by these children, to a partnership- io whirii.their mother . was 'concerned. It appeared, from the moment of commencing that partnership to Itifie been separated.and divided in the exact proper thon,offeuraofive from what, till then, hasj con- , trneerLone corantoo mass, in which the moths! and children were isOntly interested, and while the 5-9ths were by the mutlfer threwn.into the partnershio fund asber shait , of the capital or stock iss trade, time re mining -3=olhe : were, entered .in the. books of partnerthiV es debt, due .a n d 'owing by diem to the childiels of their paranerddrs...Waison, and here deceasd busgand. i appeared since to have been done which could effect the right of these chit.. di.en to be considered as creditors to the partnership concern. Their interests had not been attended to • 1, . .‘ ;,.;•6 1 0.. id) , 0614 . so ef f ectua l ly s 'nay co i gns nave wets; pa they could now only receive payment in the saltiseiSpor- Hon with the other •ctedltore; whereas they might, had their interests been better attended. to, have lung since ceased to be creditors. This, however, was no reason aby they shoulditot be allowed to prove at all. It a ppearectthat acme 'of the children were now major. Let thi'proof be made'by the eldest ictn for himself and the other children. He Lordship hoped the mother would beware of again entering into trade. EX-PARTE LEE, IN TILE NATTER or LEE. This was a very unsual application indeed, being the Petition of Mr. Edward Lee, of Old Broad street, praying that the commission of bankrupt which had 'been issued against him might be su perseded, all the creditors having received payment of two several dividends of ten shillings in the pound, or twenty shillings in the pound of their respective debts. • Sir S. ROMILLY, in support of the Petition, having moved that the prayer of it be granted, Sir Aturnun PEGoorr, on the part of the assignees stated, that there could be no possible objection to the supersession of this commission. •It was possible, however, that there might be some of the debts of such a nature as to bear interest. That the assignees might be secured against any claims on this head, he presumed there could be no objection to sending it to the commissioners to enquire whether any and what of the debts formerly due by Mr. Lee were in this situation, to calculate the amounts of interest due on such debts; and to order, that, on payment of each sum or sums of interest the commission should be superseded. Sir Saituer, RONILLY had net the smallest objec tion to what was now suggested, and the order for the supersedeas was directed to be drawn up ac cordingly. PETERHEAD, Auc. 11.—The Master. of the brig Alert arrived here this clay ; his vessel was taken and set tire to ten days ago, between the North Faro ; awl Shethusd, by. the President. The Alert was laden with pitch and tar from Archangel. Rodgers afterward took the Greenland ship Lion, which he ransomed for 30001. after robbiug her of fishing lines, sails, bread, &c. and throwing her guns overboard. Captain Shand of the Alert, and his people, were put on board the Lion, and were made to witness the bond of agreement for her ransom. The Alert i was the ninth ship Rodgers had taken ; he had com plete information of the number of ships at Arch. l ' angel, from an American who had loaded there. GUILDHA Li.. —Yesterday George inkyte and Fre &rick Holland were brought before Alderman Coxe, the sitting Magistrate, on the following *charge:— George Godfrey, a constable, stated, that about three o'clock yesterday morning he observed the pri soners, accompanied by two other persons, convers ing together at the foot of Holborn-hill, and sus pecting they had some mischief in contemplation, he stationed himself in a convenienfsituatiou to watch them. Presently he saw a loaded cart coming down Skinner-street, upon which the prisoners,' with their companions, walked towards it, and George Whyte leaped up behind, and after having peeped under the cover of the cart ; he came down and spoke to his comrades, and-they separated, and Whyte and' Hol land went into Itedcross-court, in Cow-lane, whither I they were immediately followed and secured. Hol land lodgedsin the Court, and on searching his room a number of files were found on the table ) and about twenty skeleton keys, with a small•crow, were con ; cealed under the bed; a bag was likewise found, marked " Francis Hame, Plumstead." Whyte said he was a toll-collector, and had been carousing with his cousin Holland and others of his friends ; he was guiltless of the charge. Hollasd said he was a cos ; termonger; the files were his, but he knew nothing about the keys and the crow. The Magistrate or • dered them to be remanded till to-morrow, for the purpose of making enquiries concerning their cha '. meters. William, alias John Chappel, accused by William ' Evans, a Welch mariner, with swindling him out of forty pounds, in the Ben. Jonzon public house, was . remanded till Saturday next, when we expect this : curious case will be made public. SUlClDE.—Elizabeih Weyman, aged 50, put an end to her existence, at her apartments, 18, Mary le-bonne-lane, on Tuesday, by hanging herself with a cord, from the bed tester. The body was disco. vered by a woman W'hont she slept with, on her re- torn in the evening from her work. At that time tte'body was quite, cold; they' had breakfasted to-, gether ib the morning. The cause of this rash act is supposed to proceed from lowness of spirits. She took a chandler's shop near Fetter-lane about two ; • years ago,. and let it not more than six weeks since ; and after paying her debts, her little property was all gone, which is the only reason that can be assigned far the rash act. On Wednesday last Mr. C. Preswick, of Whitby,' lost his life ,in the, hemane attempt to rescue from !'tlronning a peAson *lions he observed in walking t alons the sand at that place, bbrne away by • cur-, !lent formed by the' outset 'of the tide &and a sand [tank, into which he bad been inadreiteirtly drawn 'the exercise of bathing. Perceiving him 'main raining an ineffectual struggle to get hOld of the stand 1, 'P. instantly stripped off his coat and and, rushing . into the water, approached . a so near the man as to admit of his taking hold of the 'end of stick which he held out to him for the pur pose. In the effort used by both parties upon this occasion s Mr. P. was borne off his feet into the cur. : . rent, and both unfortunatel y perished before assist-' 'eke dOeld reach then'. The name of the other un fortunate sulferer - was Pattl Stott , of . Kirby, late Of 'Whitby, brazier. The following truly affecting occurrence was com municated to us by a ; Donegal Correspondent:—At . Rooney's Island, near that town, on Sunday week, a young man, named Scott, while Walling, impru dently veptured in beyond his depth, althoughp,n inexperienced swimmer.. His brother, who was .11 spectator of his danger from shore, went in ts:llis assistance, and the tide advancing rapidly, they were both struggling with the waves, when; their a fine girl of 18 years old, imagined she might effect 'their deliverance, and rushing in, they- were all three lost, in the sight of their aged and agonized parent oa shore. ,isA ~ .~♦ - - LEWES, Atm 17. • OIVIL SIDE. Befgre i Mr. Justke HEAtkt. Tt.II ZING M. BREEDS. This was an informatioi filed byliis Majesty's At. torney-eneral against the Defendant, in inhabi tant of the town of. 'Hastings, in this county, and others, for an assault, or riot, and obstructing the Commissioners of the Income Tax iu the execution of • their duty. The case made out on the part of the prosecution was, that a great many of the inhabitints of Hast ings, chiefly fishermen, were surcharged by the Sur veyor of the hcome Tax on the amount df their in come. _ _ ~ On the day of appeal upwards of 60 of them as. sembled at the public-house, and were very chi. morons, and Mr. Challin, the Surveyor of the Dis trict, stated, that at length they burst into the room, and Mr. Breeds at their head. Mr. Breeds then used very abusive language, and told the Commis sioners that their notices of appeal were illegal, and not worth a farthing. The Surveyor also stated, that he considered himself in bodily danger, and was in fear of being thrown out of the window, as some of them called out to throw him out of the win dow. They, however, dispersed without doing any mischief. Several other witnesses proved that the persons outside the door were very clamorous, and at length burst into the room where the Commissioners were sitting. The Learned Judge observed, that there was no evidence to support the count for an assault, and therefore the case must rest solely on the riot and ob struction. kir. COMMON SERJUNT then addressed the Jury on behalf of the Defendants, and contended that there was nothing like a riot; that it was not to he expected 50 or 60 fishermen of Hastings, who had been brought together to appeal against an assessment on their income, would conduct themselves with the same decorum that so many persons of fashion would do in the long-room at Bath, with the Master of the Ceremonies at their head. But though they might be noisy, and, perhaps, clamorous, he should prove they exhibited no disposition to riot, and the ob struction complained of by the Commissioners ex isted only in their own fears or imagination. He accordingly called several witnesses, who proved that the people were only noisy in the expression of their dissatisfaction at being surcharged, and that it was true, in many instances, the notice of appeal was only'five days, instead of fourteen, required by the Act. The Jury found the Defendants Not Guilty. CROWN SIDE. James Knight was i n dicted for bigamy, in marry ing a second wife, his for Mer wife being still living. It was proved that in May, 1801, he married his first wife, who was now living, and that in the Au gust of the same year he married his second wife.. '6U cross-examination bx Mr. Curtwoon, it came out, that his first wife being pregnant, he was com mitted to prison as father of the child, and that the parish compelled him to marry her. As soon es lie came from church he left her, and never cohabited .with her afterwards 4 but that he had constantly lived with his second wife, by whom he bad a family, whom he maintained. . . Lord ELLENnottoucit reprobated the conduct of the parish, as being in part the cause of the crime committed by the Defendant ; but, at the same time he told the Prisoner his offence was not extenuated towards the woman whom he had deluded by a sup posed marriage; and the wrong done her offspring was very serious, inasmuch as it deprived them of the rights of legitimacy. But in apportioning his punish ment, be should not forget the wrong done to the Prisoner himself, by the constrained marriage forced upon him by the parish. He therefore only sentenced him.to one year's imprisonment. The business in both Courts pein g fi nished, the Assizes ended at seven o'clock. " ' SUFFOLK: - ROBINSON, cr.Eat, v. JELLS( VN, MAY, AND GOOCII. This was an action 'to recover damages for the in jury sustained by the Plaintiff's character, from the following Libel:— " The Rev. J. Robinson and Mr. James Robin " sou, inhabitants of this town, not being persons " that the Proprietors or usual Annual Subscribers " think fit to associate with, are excluded from this 66 room." These words were contained in the Resolution hung up in a public room at Southwold, called the Cassino, as also in a circular books containing the names of the Subscribers. Mr. Serjeant Famtt, in a speech of considerable length, recapitulated a long correspondence between the Defendant. Jermyn and Dr. Marsh, respecting the character of the Plaintiff, in which the Defendant characterized the Plaintiff as obnoxious to almost every individual in Southwold, and a species of oat -cast from their-society. After:several witnesses had been - examined to fix •the Libel on the Defendants, the CHIEF BARON ad vised the Plaintiff's Counsel to accept a nonsuit, the only evidence, of the Defendants hiving put up the libel being the taking iedown. Serjeaut Fume said, " we have more evidence, my Lord." Upon which the .Cuitr BARON observed, " Go L on, let Mr. Robinson expose himself as much as he , pleases." .. In summing up the evidence, the Cum BARON ob served, that the Plaintiff had the misfortune to he obnoxious to @twist every individual in Southwold, vend that every so.iety bad a right to exclude whom they please, but this should be done in such a way I • As the law ji ' llows ; — this, he thought, had not been observed in the instance before him. The Jury had, therefore, 1p consider the injury the Plaintiff had I * --- sustained. . r • • Mtn: • • The Jury gave a verdict against Jermyn and At Brighton, Caroline Loulloodelgtut daughter of FrAtic!o Goisch,. Oothing ,apliearing to implicate May) of (rote NN Instant, tit.Wittersitna r s . , Kent Harris , wire Jame" Harris, Esq. fled daughter to the late Mrs. Trimmer, The.C/lIEF " That is 491. too mud'. the .41.10 S i l i t o o t e h l i d ni hrgivelis very different verdict , bu tht — l.t ; t4 but 4 :. +,a—Published — Publi+,a — Publishedlt Y 1 0"" I s t " I is sigsawg °fetes, Si. Ifieet4t.-eet• • , ----- MAR RI ED. On the 15th ult. Ire illlam, only son or William (Istr" ) . of Bow-lane, Chewable, to Harriet, votinget daughter of Rich ard Mall, Esq. booker, of Ilertholostew4ane. Tilt K 4 NIV Vs PoilVd. . - 4:ii'r. ; —lllgiwtiian indictment for an a•mat l it,44.4 l , oa , gi VV. Clarke, whilst shot:Mug Upon 1444 gmlftelul retre pttion Of Mr. Cockerel!, lying /*er n t,,„ longing' to the Defendant, and for Chaiteogiag tZ„ t d fight. 'Mr. Clerke (the prniecutor) swore, .thitt; as h e was shooting on Mr. Cockereftrs 'lands, Si. 4eu . rite rode up• to him in a gteat hurry, aml, esisg much opprobrious language, etrtilenged. fityl tisfitht ; he then got off his horse,- Mod on Mr. C1e,114% rp: plying that his prcfession wit not fighting, trushid him with hiselbow. • • Ott the part of the Defendant, evidence *as pro. daced, tending to prove that he did not shall,. : the Prosecutor, but only declared that he would k ot him if he were not privileged by his profess en • and with respect to the assault; it was silo at the Prosecutor ran against the D..fetubnt's W a d, immediately, with apparent satisfartinu, pact ~0 , 1, " An assault—assault—now I have the law of you." -Nut Guilty. ELLINGTON V. RENTON. An action was brought against.the Deroodant, f or rescuing his sow, who, with certain of tiic pi4s, had committed a trespass on the Di'readmit's close.—D o ., man o es l One Guinea. There is an order from the Home Secretary of ! State, for the permanent Non-commissioned officers . and drummers of the Local Militia, to raise vA un . '.teers for the regular Militia of respective cow', ties. They tire to give ten guineas bounty, and two guineas are allowed ftir expences. WONDERFUL PRESERVATION.--SOME days ago se -1 veral men were supposed to be lost in a mine by the falling in of a large quantity of earth. The follow ing letter we received yesterday an ' their al most miraculous preservation :- 1 " Wolverhampton, Ate. 17. tt The miners, &c. continued their exertion to re lieve the suffers, with increased activity, mid yesfer day (Monday) morning at four o'clock, having near : ly driven through to the stall in which they were, one •of them was heard to call out,' work more to the left," and astonishing to relate, by one o'clock at noon, eight.of the men, and the boy, were rotted ! alive !—John Keeling, whose body has not yet been i found, was the, only one missing ; and it is supposed the sand, &c. fell upon and instantly baried him.— When the circumstance became generally knoin that the men were living, many hundreds of per'oas assembled from the country in the vicinity of the work, and at half-pest four in the afternoon, the first man was brought up by the shaft of the pit, supported in the skip by Mr. S. Fereday and another I person ; and when three of the others were brought up, they were conveyed iii a coach, actompahied by two medical men, to their respective homes ; the lothers were also afterwards brought out and con veyed home in a similar mennes, except Hill, who Was carried home in a chair ; and thus, lifter :a idreadful confinement of nearly seven days, in con templation of which The mind shrinks with horror— withliut light, without the smallest morsel of food— : shot op .in the bowels of the earth, with• only the ! droppings of water _which fell from the roofings .01 [the cavity in which they way corifined, and which ! they alright in an iron pet, accidentally left in the pit, were these tune , hatean beings rovidentialiy preserved from a premature gmvel -7-Tob. mach .piaise I cannot be gleett to the neighbouring medical aris t other Gentlemen, ilia promptly assisted od this oc r i Cation. They arelikety to de well." • The produce of a single - potatne, planted whole, was taken up . in the gaidein of Mr. R. Richardso n, i at Everton Breck . , • oll, the . 10th instant, amounti ng I to one hundred and ninety, exclusive of some very small ones not counted ! Above one hundred were lof full size for the table. This . fahliible • oOidtite (early Lymii red) has been in culture foe 'ten land, I without any appearance of curl, and, may he vieeineit ,'a distinct species, as it sends out many stems - I'mM one eye; this single root produced forty. ski .!' Yesterday, Richard Bulk a carter to it, 1 monger in St. Giles's,• was . tii - oelfiV to Irciti-eireet s . .- charged with a most outrageous assault Roo a Gea r t lemon in Blackfriars-road'. The Minter's bone, ; it appeared, nearly ran over the Prosecutor, who ' struck the animal with a small stick. teCpteirent it ; upon which the Prisoner, in the most brutal manner, Cut the Prosecutor four or five times. with his whip, with the same severity and violence as if he was cut tiug a horse. He et is ordered to find bail. 1 Near four years since the house of Mr. Smith, of Bridgewater-square was broke opee, and a quantity of precious stones, consisting of rubies, chrysolites, cornelians, and emeralds, worth upwards of 1,5001. were taken away. The strictest search was made at the time for the depredators, bet without success ; and none of the property was .recovered. A few 1 days since, however, some men - hating been employ ! ed to clear out a ditch in the Kent-road, near where the house of Mr. Relies formerly stood, some chil dren who were looking on perceiving *hat . thev sup posed to be pieces of glass tircongst the mud thrown out, picked them up. They were found, however, to be pieces of chrysolite; this discovery produced ' '.a closer search, when a number of rubies, emeralds, corals, cornehians, and other -valuable stones woo found amongst the mud. Golf and Harris ' officers belonging to Union-hall, having beard of the cir cumstance, repaired to the spot, and on seeing the stones, - it occurred to them that they were part of Mr. Smith's prorierty ; and on some of theta being shown to that Gentleman, he was able to swear to their being a part of what he had loit. It is pro bable the thieves, after they had taken them, being fearful of offering them for sale, lest they should lead to detection, threw them into:the ditch, where they have remained ever since. Some of the stones thus fortunately recovered are of considerable tale. . ~ • 1 tiOU 11CeS 1,13 , -