The Statesman. — London, England, 1822-06-07 00:00:00

. LAW INTKLLIG EA CM. COURT OF KING'S BENCH. Juan 6. , DOE, ON THE DEVISE OP JOSEPH FUMES, V. R. LOVELL GWATEIN AND THISOPIIILA OWATKIN. This was an action of ejectment brought by the • bele at law of the late Marchioness of Thomond to recover posseselon of a hoese situate in lieorr-street, Westmtnster, which the defendants claimed under the will of the Marchioness. Mr. MAIIRTAT was about to address tterjury for the lessor of the plaintiff. when Mr. SocauLegs rose. and said that be would admit the prime fade title of the lessor of the plaintiff, and would at ones epee the ram by which he should render it of no wail. The simple question for the levy to try was, whether a paper, purporting to devise the house in question to the defendant, had been dely ea-rotted by the Marchioness of Thomond as her last will. Her Ladyship, at the time when she began to make her will, resided at Tsplow court; hat having *iron sip her hoes. there to a friend, she came to London, where, in the year 1816, she began to con template the final settlement of her affairs. She was desirous of consulting the Bishop of Winchester and lois lady on the subject. and requested them to whitess the execution of' her will. The Bishop, oaderstanding *reload property was to pass. informed her that three wise could be necessary, and accordingly Mr. Smiths was sent foe; mod she them, in the preemies of pll the trite , signed the last of several sleets lying together, or retraced the letters of her signature, sad declered the whole to be her will. The other sheets were not fixed together at the time; but they would he found to have reference to each other, and hy the last memorandum, to which her final signature was immediately subscribed, she stated. that since writing - the previous' papers 7,0001. of her motley had hero semitted to Madras, 1.0001 of whilst' she be. reatlicd to John Ofratkin. and the rest she directed skald hi 'applied to the uses of her will, which proved that it was not the I:st sheet only that sbe intended to publish, because in that sheet there were so uses f pacified to which money could be applied. The question teas, w hether she intended to execu t e all the imams ss,ons will, or only the last of them; fort per. eon. might begin his will at any period of his life, and continue it ,on until be felt the propriety of finally executing the ?hole, which he might then publish as his testament. Other sheets were signed by her, bat hot attested ; mood, •sherefore, unless her last ant *mounted to • republication of the whole, the defrost!. ant. derived me title from, the will ; bat be had little doubt that the Joy weistid arrive at tile contrary con clusion. • It was proved Par" produced in court as the will of the %totems* o Thomond had been sent toy her to her attorney.,hlt. blortimer, and had been kept by him until opened after her death, in the presesce of her relatives. They were paged throughout apparently in the writing of her ladyship ; but were not fixed toge ther until after her decease. Mrs. Towline, the lady of the Bishop of Minchealov. who with the Bishop set an the bench at *ill& load of the Lord Chief Justice. was thee **sm, film re. membered wing Lady Thomond at her mini logic in the year 1816 or 1817, in a state of some agitation, when else said that she had a favour to ask of the Bishop.— Mee. Towline, thinking that she was ebout to request Um to become her executor, replied that she was afiaid i.e would not accept that office, as he had refined to do so for other friends. She inquired, after a pause, whe- Iler he would object to witness her will, to which Mrs. loni:ine replied that she bad no doubt be would wit yeas it, and that he would wait on her on the next day 'or the day after. She said she wished to go to the 'Bishop's house to execute the will; and accordingly ?came thither a day er two afterwards, and brought the will in her mud. There were several papers, bat Mrs. Tomline could not recollect the exact number. After she had signed the will, the Bishop recollected, that in case freehold property were devised, it would be neces sary that the execution should be attested by three wit ceases ; he suggested this to the Marchioness, who ex. pressed her gratitude for the information, and said that the house in lleorgemtreet (that in question) was free- Lold. Mr. Smith was sent for; and she either wrote her name or retraced the signature, and said it was her sill!, on which it was attested by the three wit in /Ai . presence. On her crow-examination, Mrs. Towline said that the Marchioness only signed one of the sheets, nor could ale identify those others produced as the same which accompanied the paper attested. 'i'he Bishop of Winchetter, being sworn, expressed Lis distinct recollection of all the circumstances stated by his lady, as attending the execution of the will. Mr. Smith, the other witness to the execution, gave the same accouut of all those circumstances which took p' ,ce after his arrival. 'The papers endorsed " Last Will and Testament of Marv, Marchioness of Tloomond," were put in, and partly read. The passages at the beginning and con e] :sion of the sheets were evidently connected in sense, sed there was no pecuniary bequest in the last paper to which the GAOL, alluded to in the last paragraph,could be applied. Mr. SI ARRTAT, for the lessor of the plaintiff, submit. led that the whole case resolved into a question of law. It appeared to him to differ (coin any cases which had heeu already decided, although they were many reseed). fir eit in prlncfple. Certain it was that an ill.execnted would not be Made good by a well-executed codicil: and here a will ill executed was to be made valid by a 4:e tiversstion, to show that the testatrix contemplatid a -d ev ise of the freehold when she executed the last paper. If tliis were permitted, it would destroy all the benefit intended by the Statute of Frauds, by substituting the peak declaration of parties for those solemnities which .st was most important to observe. The LORD Chic, JUSTielt said, that, in his judgment, it wee entirely a question of fact for the jury, whether the Marchioness re-published all the papers produced as her will, or only the last of them. Mr. httestear then proceeded to contend, that the evi dence d.. 1 soot sufficiently prove the identity of the papers. The Loa!) Cuter JUSTICE felt no hesitation in leaving the whole case to the Jury. Unquestionably a person might write his will on different sheets of paper, with out attesting every sheet. Unquestionably, also, it was unnecessary that these papers should be united by wax or string ; it was enough if they were all published as one entire will. Whether the papers in question were so published, the jury would decide, from the potrport and connexion of the cloruments themselves, and the highly respectable evidence which they had beard; and it they were of opinion in the affirmative, they would find a ver dict for the defendant. The Jury immediately found a verdict fur the defend- ants. I ~. E' 1 ,...,-.1.. , I I G. IVAKELIN V. PIGOTT, KEMP. AND COTTON. Mr. WALVoRD stated, that this was an s..tion for a law!, published by the defendaots, imputing perjury to thtylaiatiff. Mr. Somcyrou-neweast said, that the plaintiff had the misfortune to hr an illegitimate child. Hr came up T• g7-79r WE STATMM, . - - early is life to,Loadou, to obtain a livelihood by his es-1 ertiOns, rod mitered into the office of a Me. Pullin. a m. licitor, where be remained two years. At the illutor this period be left this situation ; and uttered the eau/ where he served on board the Quern Charlotte. for its years, and was present at the bombardment of Algiers: When his ship was paid off, he returnedso the legal pro (onion, and went into the employment of Mr. Lieremb Price, where lie bad conducted himself with great is dustry. regularity and honour. lie became atiqualstsff with a benefit society, called " The United Priem,/ Society;" became one of its members; and regale/V I paid his subscriptions. In consequence of an ateidele. he wes prevented from 'Molding his duty, and milers claim to which be had a right. on the society's These, however, were withheld, and he summoned two defendants Kemp and Cotton, the officers of the SIM ciety, before the Magistrates at Worship.sireet, by whom the complaint was heard.' They then alleged that he had deceived the Society by misrepresenting his age, by stating that be was 23 when he was only eo, it being a Imolt that no person under the age of 23 should be ad mitted a member. lie then, on his oath, stated that he billued be was 23—not that he positively was so—for the misforitior of his birth might render his age in some degree uncertain. The Magistrates, however. after homier the whole matter, made an order for the pay. /Seat of the arrears, and for his restoration to the list of iesiehers. This decision gave occasioo to the libel, which was in the form of a circular addressed to the members, signed by Kemp and Cotton. and printed by Pigott, imputing perjury to Mr. Wskelin, in his reply to theqmstioa respecting his age, and charging him with " as impious. unprincipled, and disgraceful impositios.". Rerchis imputation there woo no pretence; for !di. giskelio had never spoken positively to his age; and; if lie had he would probably have spoken truly, for he OM entered in the navy books es 15 years old whets he began to s-rte eight years before, and his appearance then corresponded with the statement which be made. Tie Jury knew the value of character—to men engaged in trade it was most valuable—in the profession of the law it was absolutely essential—and they would, thins fore, he able to fairly estimate the compensation to whit& the plaintiff was entitled for so atrocious a libel. which the defendants had not dared to justify. The articles of the society. the situations beide. by Cotton and Kemp. u clerk and steward; aid the.ah mission of the defendant as a member in Septet's 1819, Were proved. it appeared by the book. that he obtained admission as " a mescliant's clerk." The manuscript from which the libel was printed wee proved 4 be in the keedwritiag of Conan; and after some .difficulty, a sufficient presumption was raised. of the concurrence of Kemp in thelsiblinatios. to seed the question of fact to the jury. , Mr. Liscomb Price deposed. t h at 019 Ofalaillf had been nearly three pan ist ,his service. I V*, wits p* saetat the discosalos ,bePre the magistratis, as 4 cos membered that Weltaiie only swore to the best, 7 • belief that be waa,4s. The plaintiff had mime ' oms simian) , is a coach to his office during his Mime* . - - which bolo to pircsr, had stated, • satiety's ..,.. preferred at sessions for the unto libel. The plaiatiff was nos present articled, bat be would be it Le came out of this cause with honour. On his cross-examinatioa by Mr: GURNEY, who ap-i peered fur Pigott, Mr. Price admitted that Pigott gave evidence on the trial of the indictment oa as, understanding that he should not himself be prosecuted criminally, but not that he should be releases, from the action. Upon this. Mr. SOLICITOR-OENIRAL said that, at Mr. Pigott might have given evidence under some mist*, he would consent that the jury should find a valet lei him at once, which was accordingly taken. Mr. SCARLETT addressed She jury for the other de fendants. They would not fail to observe that the plaintiff bad originally introduced himself inks the society by a fraud, calling himself a merchant's clerk. when he usqurstionably was in an attorney's oast. This he did, because there was a role of the society. that no lawyer should be admitted a member--a pro vision now shown to be most wise. for the p Odom admission of this attorney's clerk basaght ea them no less evils than a summons, an iodic:Miele, and an action! The LORD Cuter limning inquired whether there was not a late act. by which in was empowered to cer tify in an action for a libel. so as to prevent trifiirg damages from carrying costs; but received ao sneerer in the negative. He then observed that be might cer tif r under the statute of Elizabeth. Mr. Sc %SUITT proceeded to argue, that be should be entitled to a verdict, because all the counts in the declaration set for b that the plaintiff was a member of the society, wh his false representation mode his admission void. The LORD Cuter JDITICI thought otherwise, and that he continued a member de facto until his eget*. sion. . _ the ant. coateaded, , 4,4 4 ,4 sod sot that .elsey were 01111- butt the reams, for ihey • the defendant was still law then'on which alone possibil the plaintiffs' claim being well founded, nothing had appeared either in proof or In 'Moment to slsew, that at the time of assigning these deeds the Unkempt believed himself to be in volves*. Indeed le bad stood to one of the plaintiffs' witnesses that his clreamstancee were embarrass ed, bat that he had enough of property to pay all his debts. It was clear trim all those fasts that the whole was a good and bona fide transaction. Lord Chief Justice DALLAS charged the Jury, sad left - It to them to my, whether the deed of assignment 'was exesutod in contemplation of bankruptcy, in or the to give an unfair preference to one creditor in pre jadim of the rest. If they thought so, then be was boned to mate it was fraudulent and void, and being so would afect the right of the , person who held under it, and their verdict must then be given for the plain tiffs. If they did not believe it to have been executed with that intention, they would find a verdict for the defendant. The Jury consulted for about ten minutes, and then returned a verdict for the defendant. give explattationit,spectieg liminess in which eli , h a d. ow e i n fdeater.as t i re , bees formerly emptied, hat he was enable to assigned in question his duties. and.raaaimstl so wilily. Pigott stated, to give bi o ; an sa f e ly pre f ers that be printed /AO copies of the libel. hiib! Pew' etfli creditors. The father bad Di order. Ultra ..K.astp came 'to pay Wahine, the mo. d ee d, to s h e d e f ea d aat for toy, la permutes of the order of the magistrates. be w igsh, thnirosa-csamiaatia rubmitiod that she .1141 was, kciblished with his sand- dr s w il l ow% graweassii tiP -Us 4tia ife-Pai , ilittjaant Para, istS-Ae_ appeared for Kamp and Cotton. the witness said tit that the plaiatiffs bad prayed the plaintiff cams to his office from that of Messrs. tied to claim the property, be Pollard sad Oats, with whom its bad served a your. had shown that in all justice As indictment had been preferred at Cleritenwell entitled to retain it. As tilts minions for the unto libel. The plaintiff was not at there timid be a possibility of . . POLICE. Bow-trresex.—Yesterday a man of respectable ap pumice was brought to the Office, and underwent an examination before Sir R. Blame, charged with as saulting and behaving improperly to, a ceutinel on duty in St. James's Park. The prisoner was ordered to find bail, or be committed I. take his trial at the Westminster Sessions. William Curling, a soldier belonging to the 3d Regiment of Foot Guards, was charged with feloni ously stealing a hat from the shop of Mr. John Per sica, the Strand. He very coolly confessed that be did steal the hat. His object was strongly suspected to be, that he might be sent to Botany Bsy.—He was semmitted for trial. QVISIC-11QUAIRS.—Yesterday Kendrick, the Black Pugilist, was committed, in default of bail, for assault ing a hackney coachman, mimed Freetbey, and Caleb Baldwin, jun. (the son of old Caleb, the pugilist and Bear-baiter) on Thursday night, in the Almonry, Westminster. Tkoa. AbraAams and Jas. Mallyieux, privates in the 3d Regionat of Foot Wards, were examined on a charge of having robb:d their quarters, the King's Head, James-street, Buckingham-gate, of 16 bottles of Mountain, Lisbon, and Sherry wines, a quantity of ale, and vinegar.—lteinanded. Yesterday rooming two fellows, in a most daring manner, snatched two pieces of bacon. weighing about sixteen pounds, off the shop window of Mr. James, cheeyernonger, in the Back-road, Saint George's in the East, with which they ran off; bat bring pursued. were, after a lung chase, secured with the property. They were soon afterwards taken to ban-both.streer Police Office. where they gave their names William Thomas, and John Farrel, and were remanded for farther examination. bane( I SVICIDS.-4 tinniest's', of great respectability fn® the country, pat a peri44 to his existence on Wednesday, at the tirtcklayers' Arun, Kent-road, by hanging biu&self. ~~ .L ft IRELAND; lims :aura, Joys l.—Thorectay, the nigh Sheriß of tNe connty'received an order to hawkish the fol. lowing comical to the Penitentiary Hodes., Cork, pre via., to being embarked fur transportation for life to one of his Majesty'. colonies. They were a ll convict. ed and sentenced to be hanged at oa r last Assists:— Robert Cussen, for heading • party of Whit e h o y a , an d attacking the house of Juba Shelton, Esq.; Thomas Kennelly, John Kennelly, James Ori&o, Michael Welsh. John Fennell, Patrick Falwell, Patrick Corbett, and James Domigline. for breaking into Sbanagoldies Postodfire ; John C.'oessore, Michael Connors, p. Al... Nannies, amid John Rorke. for breaking into Adam 3lilter's house, and taking a gas. On Monday, Mr. Kitty. Chief Constable of Captale Wilco c k', Police. proceed e d from Rathkeale, and epo preivenord Michael Donovan, Thomas Gunman, Th ee . N.M. James Brown, and Michael hostility, charged os.oatli with murdering Henry Sheba,. whilst cos. vecing the Shanagoiden Alai,. Mr. Mutes. Chief Cowatable of Captain Druogher Police, also apple. Omitted, on hoard a vessel is this river, booed fur ahoeseica, James Cleary, charged as principal is tie Ouse murder In Cleary's Item" Dear Itiebiseale, • pair ofnew shoes. which the. peat-boy had Is is ' roc k e r. wh e n be was inordered,was got. The activity of the different Police establishments, in the appre hestion of these villains, is truly orsisewortbr. Jolt Pine (stated is oar last to lave bees "ph. heeded is the county Corks, lep Colossi* &some, 01 the 40th) arrived at Ratlike:ay, on Tstrinley ; the fel. lowing day, lie underwent a minute examination by. Captain Wilcock% la the course of which it fully ap. pealed that the pistol got is hie possession was 04e property:of Rickard Going, Esq., who had it the day he was smoldered, Which. with other circumstaneesi not proPer,at, resent to state, tosied hint folly to be emanated for this foul crime. Pion lived at Capparh, of which ibe flee other perames, who arc also Indy elm 'tiara for Mr. Golng'S murder, Were in!ial.i.ants. A vrry eztessilie farm gunmen belonging to Paths k Shehas, os the Cowmen* Of Uathkeate, wrs mislioi. unity cup teed os &fund ty night. . . Col. Woreott bad desired that his regiment shosid dot purchideliotialOitietsig the present scarcity. ofiba 26 is alt, the betikilOP Wisgw formerly ioisihited ay Vest. Lenoutioeflorl'e Court, tear Balyneekin, was testi. etoosty.hortsed to the ground before tea o'clock. It is very herd to say, even under .the system of tett .r and revenge adapted by the rabble, whet ran have nrideLleill. Unison so marked an object of their fury —from 'ltch repeated outrages es bite before he changed Isis eseideoet, to ems more secure frets the at tacks of incendiaries. While Klieg at Bat yno•lim. his demeatiour I wo. moderate and kiad ; and mem under the impression of their violence, lie ghee,' tat the idealist Indication of a vindictive resentment. — (Chink/ lierdld ) THE RU.NsilffitY NEGRO! . 7 t CI 4, t,AI (ICON AN AMERICAN raves.) That hnwan being, who would ten the gauntlet fur freedom, so desperately as the poor Afrkso appears to bare done, whose story Is given below, should sorely never again be brought under the lash of a task-master. • The captilniif a vessel from Nortittarolisa. called upon the police for advisement respecting a slave he had onconscioisly brought away in his vessel, ender the following ctirions circomstances ; Three or four days after lie had got to sea, be began to be haunted every hour with tones of distresf, seem ingly proceeding from a human voice in the very lowest part of the vessel. A particular scrutiny was finally instituted, and it was concluded that some creature, whatever, or whoever it might be, mutt be confined down in the run, under the cabin r ; and ea boring a hole with an augur, and dentandin!. Who's there? a feeble voice responded, "poor avg. • . wee" It was clear enough then that some ins sway negro had bid himself there before they sailed, trusting to Providence far his ultimate escape. flar ing discovered him, however, it was impossible to give him relief, for the captain had stowed even his cabin so completely fall with cotton, as bat jest to leave room for a small table for himself and the mate to eat on, and as for unloading at sea that was pretty mach out of the question. Accordingly there be bad to lie, stretched at full length, for the tedious interval of thirteen dep. till the vessel arrived is port sad nu loaded, receiving his food and drink through the augur bole. The fellow's story is, now he is released, that b^irg determined to get away from slavery, he supplied him self with eggs and biscuit and some jugs of water, which latter he was just on the point of depositing in his lurking place, when he discovered the captain Si a distance coming on board, and had to hurry (WWI as fast as possible and leave them; that he tire.) on nothing but his eggmasd.biscuit, till discovered hg the 'captain, not ever getting a d.-op of water, escept what he bad the good fortune to catch iii his band. one day, when a vessel of water lu the cabin was spwt during • squall, and some of it tan down through the cracks of the floor over him. SHOCKING ACCID/LNT.—Wednesday evening a IA!: met with a very serious accident, while entleavourw: to climb behind one of the IM ckwall Stage Coaches, passing along High-stint, Poplar; one of the iron spikes unfoannately ran through his wrist, sad be was dr.gged after the coach a considerable distance before be was extricated. It is feared he must undergo ass' potation of the arm. MARRIED. On Wednesday last, at West Hsu Church. Mr. John Cvoper, of Wet Haw Abbey, to Elite, second deogitter cf the late We. Voce'', Esq. of the same pisee. DIED. On rue Bth lost., in Cheyoe-walk, Chelsea , Mrs• T e n"' In the With year of her age. On Wednesday morning, at her mildew s is Wob6l- place, Mrs. Hatless, in the 74th year of her age. On Wednesday last, Mrs. Whitaker, wife of Mr. Mink ler, solicitor, Broad-court, Long-acre, aged M. London : Edited, Printed. and Published at the Ode et " Tot STAT gill AN . ' and •• The Cosrr ITV VON" ( .B. a No. 297, Strata. by R. WARDEL, LI.S. L who all eissaatunlcatioas,, Orders, Ike. are repelled be addressed. • Mr. SCARLWIT said, that he bad witnesses the birth of the plaintiff in .11601, and that, if sot al- lowed to give evidence of the result of the indict ment, still, whether it was pending or determined, ft ought to reduce the damages, which be trusted would be a farthing. The Luau Gttar JUSTICE could not advise the jury toilful for the defendants, although he felt strong disapprobation of the conduct of the plaintiff, both la his means of becoming connected with the society, and in his institution of the double proceeding. Bet no one was entitled to apply to the conduct of another the terms used in the libel. The amount of the damages was entirely in their hands. The jury found a verdict for the plaintiff—Damages One Farthing. The L .au Cuter JUSTICE said he would tertify against the plaintiff under the Statute of Elisabeth, which would deprive him of costs. NON. LADY DROSILEt E. KINSEY AND This was an action by Lady Bromley and her sister, who reside together in Derkeley-square, to recover from the defendan , s, two inhabitants of the hundred of Ossulston, damages for the injury dose to their 1 by the mnb oo the day of his Majesty's sormsation. It appeared in evidence, that on the taunting date .lay is question, a crowd of persons to the sambee of ' 100 or more passed by the Wire, when prepays ...~. ~.~'✓✓sY iN ~~ roes were making for an illumination io the etreniop. add threw mopes against the wieduws. They broke iso wasp as respired 4281. 65. 341. to repair them, which 'the 'luster swore was a sable charge. Mr. tiaut.ez. for the defendants, submitted to the Jeer whether 41 7s. 31 a pane for plate glass was a sem which the hundred ought to psy. The LOllll Cut sr JUSTICII-ob. certaialy. It wield be too mash for the iojery of trade to say to the con trary. sad so (Rummage the use of those ornaments wisklt 'evasion the employment of so sassy heeds. There woold be no haosrieg where to stop, if we were to admit that the costliness of so article should de .prise its owner of the protection which the law gives to his property. We might restrain every one to the as. of mere aeressaries, sod the injory to trade would be inealculable. The Joty foand a verdict for the plaintiff—Dv sasses 361.65. 341. the foil motet of the bill. COVET OF COMMOS PLEAS. lone 6. wink awn tetarrineaxx r. nye'. ''This Wee as aetkio brought to recover the admen 'ef goads mild and delivered. The otaietiffs were tellers at the west-sad of dui town. and had disioleed partnership since the debt h wait contracted, which tnok plate is 1814. They had 11'0110 the defendant with clothes while hie father nos olive; but it was argued for them, that as the debt' was for necessaries, and the articles had bees or dered the &fondest JO/itself, and were imitable to his coadition, he was ii/111., For the defendant it , tgi Jontetided that his father, who died some time ago, had ordered the clothes, and ttat the eon of course/rho hot liable. A brother of the difindrot had stated in evidence. that he was present When 'one of the 6rm made& com plaint to his fatter that the defendant had exceeded disorder ;deem by Isis father, upon which his father observed, that the plaintiffs should not have allowed the order to be executed upon such teems; . The Lain Celle Juin-ice *aid, that if aa isfent bad no father nor relations to pay foe Idet t ibe would become liable for necessaries; but that i‘..brilt6 in reideseit that Use defeitlant's father was alive.at Abe time the order wan given, the responsibility was no meaos rested with the eon, who. 'whether bt betiff, had not given the order. could not be eetupelled lis say.—Verdict for the defendant. on4ka AND ANOINRII, ass:asses or itsciroin, • BANKRUPT, v O.CURTIS. L 'But. aerteaut *cation slated; that t his was an ac- Mee !nought against the defendant, to *oblige Via to ,ieliver op certain title deeds of the bankrupt% Petite. It Was contended Wilk plaintiffs, that the bankript in insolveat eireentstakes. fraudulently deeds in question to his father, in order preference *reedit test of his sure assigned the title a valuable conaideratiou, ionAL. este of the plain .aegingfd to the stun of ' r~rr;.• W } ROC 'rep Ma ad tar .111 i _ Ca via l kr.% alles Li, I kilt, le , 41 'led I Of 4, . "41 111 kr. lai r , I eer ~.fi ~' i / r i • O' Nor lid vhs dith e'cic wicl Hes, sere Bi few