The British Press; or, Morning Literary Advertiser. — London, England, 1807-12-07 00:00:00

l i'lli 171. AIM Lite pair nt on Saturday le and Ti g. ▪ 04 Was Dart &tile ; nise from a is Bearitifid :1, were ea. ▪ Reivide -GARDEN. Hood, WAS Id the beau. good ARir.g performer., The ne ed, and the R story, And e eoivessal to attend a point of ear various ['riper is the ey my ►euu. Ire praise is t degree, to hint Opera• led tl,e Sins 'o girell LA; End a Ballet expression, CT SO correct re. in the tx id of this as. excellence. int, a young ay. In the I Jordanian gaiety tat a wq she di,- ist rank her cul when we lent adtrebs, 'test tacility, 6t promising errant. )ISEAVEII. ', Princess's s„ attended atoseatva 11.Dasattow. )'cloak, f, not 1, and hentd An the 13:k tnmans, and ) Frograara, eck. 41)on, the in. LAND. the fire was in Berkeley. :he Cooney n.itreet. wn, this day; ) pau the ceeded Irma d, the seat of N. .r -)ere until the night, after Tate, at e going the esterday. for to oliven his Society hell Greatjloom, Ir. W steam, try. writes in The a scarcity at 'applied with ice ? Cw•at. OTIS bterday. wen ORLAND Mid L, aad Several le Park. . to-morrow, it. 'f he rr pried, and lit occupied by •MU FULTZ- General Mule• n District. ant to Et.tas Kent, Gent. at be and his e surname of a cousin JOHO Icrt of Hight, ',rd. of SILL looks into the and unitorm. a mast elegiac :It. we under• ate ex oeons-:-• e complete I I that it is Her inripfnr ther , s Ind Gertry, Ia party of seta . LAW INTELLIGENCE. COUILT Of CII 5. WEST INDIA EST 41TE. •itting•ll 5515 LV smelt tad entts. Fir Airmen Poor r moved to dissolve the in. joillion in this ratite, granted no a hearing at the ;lolls. He grounded his motion an the Plaintiff's h oe ing no interest in the estates, which are sir uated i n G r enada, she having parted with her moiety by s o agreement, which was afterwards confirmed by s decree of that Court. Defendants were the con wgnees of the whole estate, appnin:ei by all the ow ners, who were the children of the Plaintiff. and are new in Franco, and not under the jiarisdiftion of that Court. The Defendants had advanced cossiderable sum to the estate, and also to Plain tiff's children; there was at the present time a quantity of the produce of the estate in port, consigned to Defendants, hut they could not receive it, on account of the injunction. Sir a•uueL ROMILLY opposed the motion, and stated, that the Defendants had been only appointed consigners of the Plaintif f 's moiety of these estates, and she had given them a spesiel notice that they were not to consider themselves any longer so; this notice was given before tie Plaintiff agreed to part with her tide in the estates, the agreement had DeVOT been carried into executi-in. She was to have received a sum of money, and Mi. a year, as an an. nutty, for her iife. She never has been paid eiiner; for it was found, after the decree had been granted by that Court. the annuity could not be secured by the West India estates. The Defendant, on hearing she was about to part with her title t t these estates, wrote to the manager of them in Greeada. that he was appointed thi. consignoe of the children. and he so continued to act. although such appointment liner did exist but in the brains of the Defendants. They had now a quantity of the produce of the estate lying on their hands ; he would not say it was a good time to sell West-India p-ndoce ; but the Plaintiff, who bad not received a shilling for several years, might think it better to sell under every disadvantage, than starve ; he twuld not see what tight or title those self-appointed consignees could have in the estate. and it it was not the most imprudent thing he had ever heard of, it certainly was the mast impudent, to bring such a claim. and make such a motion to that Court. The Plaintiff certainly was entitled to a moiety, if nor the whole of the estate ; she was the only claim ant that could come under the jurisdittiou of that Court. The Loan Cnasecetit.ot said, he could not think of dissolving the injunaion ; he wished there might be some equitable arrangement made he. tweets the parties, as to the actual produce that lad arrived; and if brought before him, at any fu ture period, he would be, happy to interfere. COURT OF OF ZINC'S BENCH, Wastittsarts, Dac. S. —._ sating, et Nui Pries,. brine Lard Ecctosootirlioli and aSprcial Yary. IL, LOID MAYON mai COIPOK•TION of caroms v. reersur LOSS. EAR. Tatalloilit of the customs noec corp..* v. This was an adion brought by the Corporation of Landon against the London Dock Company, claim ing, in various counts, t'-e privileg- ef appointing 14 dim, to fulfil the occupation of ganger of all wines. oils, aad other gaugeable articles, coming within the City of London. the port of said city, or the liberties thereof, alleging that the said Dock Company had taken from them this their right ; for this deprivation they claimed nominal damages, in order to entitle them to further recompense from the Commissioners of Compensation. • Mr. Artoasse-Ganaa•c, Mr. G•11110M, Mr. XPOWLY4. (the Common Serjeant). and Mr. DAM. PISA, argued the ease on behalf of the Plaintiffs ; Mr. Serjeant /err. Mr. Hot Roy D. and Mr. Hee *Ron, , upported the rights of the Defendants ; and from the multiplicity of evidence, and the yea. aainatien of ancient Charters and Ads of Pat liament. the Court were occupied in this investigation from t:nr;n the morning till two in the afternoon. Lord ELLFIOKOOIIIII. in addeming the Jury, abs d the Plaintiffs' plea was, that !bar right to the execution of this office was founded upon a char ter granted to them in the time of Edward the I Vth. when the Corporation of London paid the sum of 70001. which, no doubt. in former times. was reckoned very considerable, for that and other privilege., all contained in the same charter. TIA words of that charter certainly only mentioned the of of gauger "within the City of London;' but o her parts ut it expressed their intended privileges in d latent ways, such as " the liberties and franchises at the City of London," without mentioning the city itself, and sometimes e s . the city, and pert of the city." without mentioning the liberties and fran chises ; the question, therefore, was, whether the Crown, by these different phrases, meant one and the same thing i Under these circumstances, it was im portant to consider what had been the usage and custom in regard to the execution of the office in question, since the time of granting that Charter, either by written documents, or by the testimony of those who had long executed these duties. The oath of office ohich these gaugers were accustomee to take, exptessed, that they were " to give a true ac count of forfeitures on all tuns or pipes of wine, hoary. oil, *c. imported within the Ciry e deal I.4artiel of the same." It was to be supposed. therefore, that this oath had been originally imposed at the time of the creation of the office. so that it was a contemporary exposition no the part of the Crown. who granted that office, and tended to show what they meant in the Charter. Then, as to the usage, it had, perhaps, gone rather further than their right was maintainable, but it was material to consider it in regard to their various privileges, in order to show the disiinflion between those to be exercised only within London, and those within London and the liberties thereof. In is. gnd to one of their rights, that of r aeka g e of woollen cloth, skins, &c. which was extended to the liberties, franchisee, stud suburbs of the City, no particular meat was assigned to those liberties, and therefore they were lift to suppose that it was eo-eatensive with the funetions of those offices, not only without the walls of the City, but even beyond the place in question, where the docks were erefted. No Argument conld be draws from the I f tit clause, the Compsatatiou 441 a wing all the. rights of 4 1 % I tito MT of tondos 111.111111* of which were cer tainly drawn op very gesernll7, and did not allude re the right in question along with others ; bid in- deed it might be deemed unnecessary to look for saving words in an Aft, no part of whi,,h divested them of their r gist. This appointment to the office n' ganger seemed never to hive meant by the Al to be taken away, for it would have made particular mention of it, as well as other offices, such as that of tarble..po l te e , ticket-porter, Ste. The first Wit— aess (a Mr. Fowler) had produced the oath of office, which he bad been lung accustomed to take, and which appeared con emporary with the creation of the office itself, in the time of Edward IV. and seemed to give the grant a larger construftion than the charter; but he (Lord Lllenborough) t h ought it was not susceptible of that bro.id constrniflion. It was true that the Alt of the 6th of James gave a description of the boundaries of the city, and also described the boundaries of the pier, as extending from Yeast to Staines, but the Liberties of the city had yet no distirilf boundaries assigned them. Another witness (Mr. Strickland) had told them that he had been employed as city gauger at the Greenland Docks for thirty year., and no person had ever claimed that privilege, or &jelled to his officiating in thAt capacity. Another wit ness had said, he had been in the custom of gang. ing, for many yean,:between Blackfriat sl-bridge and Greenland Dock, on both sides , t the river, with. out ever experiencing any inter option. Another witness had known goods gauged as low down as Deptford, which was certainly even beyond what might be deemed the liberties of the City. The testimony of other witne.ses lied given equally extensive boundaries to the liberties, and the Charter, in speaking of the privilege of weighing coals, had also extended it from the Bridge of Staines, towards the west, to the Bridge of Lond,:n, and from thence to Yelden towards the sea.— On the part of the Defendants, many observa tions had been made that were fit for consi deration, such as, that the Docks were not in. eluded in the extent described by the Charter.— That the All of Henry 111. limited the privilege to the ganging of wines and oils, brought into the City of London, for sale, and if such a power as that claimed had been granted by the Crown, it would entirely defeat the oiled' of subsequent ails, which went to the securing of private property fro:n molestation and intrusion, by erelliug these docks, and imposing other salutary regulatio.a. It wee true that the Charter did not give more exten sive words than applied to such goods as were brought " within the City ;" but then the contem porary oath, and the su;,;:equent usage, seemed to extend the privilege to the liberties of the City ; which liberties were proved, by the evidence, clearly to comprehend the place in question. Although the statute of Henry only went to win. s and oils, yet the grant extended it to all gaugeable ar.ielea, and there did not seem to exist any impediment in the Crown to regulate the Custom-house and Excise. office in this respell, as well as in other fan,6ion*. where its power had never , been questioned. As to the power of the Crown to intertere thus with private property, it might be observed, that the Crown having also an interest in that property, had consequently the privilege to see that no fraud was committed upon the Revenue, and there fore it was noitssary they should have a right to appoint prams to ewe, into all Docks and legal Quays, M order to gauge all gaugeable comm.nii. ties. If, however, they were of opinion that the office in question became ex anguished by the sub sequeet Ads of Parliament, thou the Plaintiffs would lose their right of compensation. Nothing in the Dock Alt seemed to militate against their existing right ; and, therefore, if they. (the Jury ), united with him in this opinion, and as to what he had stated regarding the contemporary oath,and the parole evidence for the constructica ut the contra dictory clauses of the Charter, they would find a Verdict in favour of the Plaintiffs, for oub AS nominal damages, with costs. Verdict for the Plaintiffs, damages one shilling. costs forty shillings. which entitles them to lay Iclaim to compensation, under the Dock Act. sucoLey stursom. This was an action brought against the proprie tor and owner of one of the Nottingham stage coaches to London, to recover compensation, in damages, for an injury sustained by the Plaintiff, by reason of the coach oversetting. Mr. PARK, for the Defeadarit, made two o\jec lions to vie P! ' 'f's right of action. The arst was, that he had not sufficiently proved that the AC• eideat cock place by reason of the negligence or inattention of the driver; and, secomity, that he, the Deieudaot, bad already paid 7001. upon account of this accident. The Jury, however, found a Verdict of 1501. damages for the Plaintiff OLD BAILt Y. DEcgiassa S. The greatest part of the day was occupied in the trial of William tacker, a bankrupt. for having ab sconded from the Commissioners at the time of his examination. He now appeared to take his trial under the notice of the Commissioners. and was we rutted, in consequence or an informality in the notice. George Hedges. aged 16, was inditled for private ly stealing a quantity of diamonds and jewels, in the house of John Clarice. watch-maker, Great Sut ton—treet; and Watant Hedges was indieted tor re ctiving them. knowing them to be stolen. Joh', Clarke deposed he bad missed a great quantity of diamonds and boles, a part of a jewel which is necessary for the inward works of a watch. He kept them in a small set of drawers, on which he had a patent lock; tnat William had been apprentice to him, but s now free, George is still his apprentice; \Villiam worked elsewhere, and had lodgings ; George did, as he the Witn:ss thought it WAS right, spend his evenings with his brother; finding there were some diamonds missing, he counted them on the 17th of November, and on the 21st again, when he missed 23 diamonds and some rubies. He went ost, and brought Mr. Chapman, a Poilee Officer. home with him ; called the Prisoner. George, down stairs, and asked him, before Chapman, for the key of the drawers he had, by which means he stole the diamonds ? fie answered. he had ne key, and he had nit 'mica any Ci.suctatis. Chitinnui asaidbeel bie, • and found 13 holes In 111 pieta ef paper in Ns pocket! on being questioned where he got t! em ? sai I, he made them the evening Wore. WittiPss and Chapman went tip stairs. left Prisoner, George, blow, in the care of Mr. Maxwell, the shopkeeper ; before they had reached the workshop, Mr. Maxwell called to them, and said, George wonld confess; they went down stairs,and Prisoner,George, did confess, and said—[:-!ere the Coca, ir.quireJ if Witness had not mile a promise of mercy ar the Prisoner? Witness said he had. The Coulter then informed him they could not hear one word of what the Primner,George,had.told him.] —Wit ness went, in company of - Chapman. to Prisoner, William's, lodgings ; asked him what property he had belonging to Witness? be denied having any. Witness told him it was no use to deny, as he knew every thing about the affair from his bother George, and that it would be better for him to confess also; on which he gave the Officer nine duplicates, 23 diamonds, and some bugles, in a bus. [The Couar interfered, and said the Yery must not take any notice of this confession, as it was given ender an idea that no prosecution would take place.] William Chapman. an officer, deposed. that he apprehended both the Prisoners; took the dupli. sate, from William, at his lodgings; went to the pawnbroker's; said Prinner. ‘Vililiam, gave them under an isles that mercy would be shewn to him. William Lee, pawnbroker, deposed, that Prisoner, William, pawned with him 12 diamonds, on the 7th of °doom The Couar informed the Jury they were anry there was net 'widow. soli&iest is law to con vid the Prisoners. Mr Clarke having unfortunate ly held out to them the view of mercy, they could n t, according to law. find the Prisoners guilty. They were doubly sorry, as the guilt of the Prisoners could not be doubted, at the same time, they must be acquitted. Verdia—Net 'Nifty. - Tins Prisoners were again arraigned, for stealing in the house of Mr. Clarke a quantity of jewels and diamon . s. The evidence was nearly the same as nn t. e fig st indidtment, with the exception of Mr. George Pratmon, pawnbroker, who deposed there had been ten diamonds pledged with him on the bth of November, by two yong men, but he could not swear that the prisoners wet e they ; and gave, as a reason, that the young men who pawned them were very genteel, and dressed well. not by acy means appearing like the Prisoners. The prisoners. for want of evidence, were the eiarged The Conrt gave the pawnbrokers a very just and proper reprimand. and charged them to be very C 41160114 of appearing often, under slulllar circumstances, Worn doom :. 7 MIDOLLSEX st.yaloNS. CLERILLNWELL, Dec S. Wdfiaw Siina,r, a Constable of the Liberties of %Mon-full, was inchaed for an assault upon Lima beds Godhead ; also for another upon Th..insas Brant, on the 17th of Ofiober last. El zabeth Godhead stated, that, about tslf-pa , t nine o'clock in the evening of the 170, as Si,: was passing over Ssffron-hill. on her way home, she tits served the Defendant treating a poor old man very ill. Tne man had got two herrings, which Defend ant charged tin with stealing. the poor 014 man informed bun he had received them from a fish woman, who sat with her basket at a little distance. Skinner took the man to the 1.11-woman, to sausly himself; when the woman informed him, she gave him the two fish. He continued, notwithstanding, to use the man very ill; the Prosecutrie enueat ed Skinner to let the man go, as he must ue sa. tisfied he did not steal the herrings, whe■ Skinner abused her, said be suppused she was a common sirampet, and a pickpocket. struck hate , ueder the lett breast, and drove her rote. the middle of the eariiage-road. He did nut tier any furthis vio lence at this time; but, before she had proesieded far through tiLrtoo-garden,. she heard the Defend. eat call out to a watcaman to follow her, sad bring her to the watch-liouse. The watchman hesitated; when Defendant ran after her, caught hold of her, and began to drag her in the most vio lent manner to the watch-house. Frightened by the treatment she received, and the disgrace of going to the watch-house, she screamed several times.. S 1 persons hearing her screams, and observing the manner in which he dragged her, inquired her address ; but when about to cell, Defendant put his hand upon her mouth, and pre vented her from speaking. When in the watch house be behaved in the most shameful mauner. When the Piosecatriz ►egged of him to use her gently, he cursed and swore she should go to Bridewell, and that he would send her there. Several persons who had been brought to the watch-house by her cries, offered to bail her, but the Defendant refused, saying no hail could be taken in a watch-house; when the constable of tiff night came, and heard the -large against her, he discharged her. The Prosecutes: being ■ubjeel to fits, from the treatment sue received that night, has not been well since. Samuel Howard corroborated the whole of the statement made by the former witness. S 1 other gentlemen, inhabitants of Charles. street, Hatton-Garden. corroborated the testimony of Miu Godhead, with resymet to the mannersbe was treated by Defendant. Mr. Watson and Mr. Scott, two very respectable housekeepers, awed to go bail for her, when in the watch•house. but were refused. Mr. Brant. when going into the watch-house, in passing the Defendant, who stood on the alt of the door, wiihoot saying any thing, or doing any thing. was 'knocked down by him. A defence was :IA up. that the Prosecuutz attempted to rescue a vagrant whom Defendant bad in custody. The ChM am po said he considered this as one of the most brutal assaults be had known by at:y person in the situation of the Defendant. The Jury found himgaitty on bath indiameots. 4kzender Ceekirro, a saddle!, Jean Leogiren, and 7 hemas Collins, his apprentices, were indieted tor an assault ■pon Elizabeth Whitaker, oA the liith of June last. • Elizabeth Whitaker stated, that she occupies the first floor of No. 7S, Gray's-inn-lane. which hoo.e belongs to the Detenciaat, where be keeps a sadJlcr's slop ; he also beep a pablie-hoese, at wUch " resides, in the same street. On the night laid the indiiment, she had been up lace; when the two app-eltices came home, .h. expostulated widathens for b i-,g etit satire, ar.d they lortuor:d in a very in solent manner.to her. Collins, the younger op. prenric; *lapped his hat in her lace, and said, they a:mold do as they pleased. About one o'clock. when she Ifi;f bodreesing, some person knocked at the door. Witness put on a bed-gown, and desilea the person to wait a bole Just as she had got to the door, Cockburn forced it againss,her breast, ard knocked her down. Cockburn asked what she had to do with hi. apprentices? When she said it was vary improper they should be allowed to stay oat so late ; he d---d I.er eyes, and said she skulls° to the 'watch-house, seised bold of her, dragged nut of the house, with brutal violence, and thr., her down the steps. There were four watchn waiting there, :o whom she was given in charge, al was by tLens taken to the watch-house, where also. remained from two o'clock until twelve next day. half naked.—Cockburn desired his youngest ap prentice to go and sleep with her daughter, a child of ten years of age. John Stone, a watchman, was broeght to Nos 72, Gray's-Inn.lane, by one of Defendant's appren• rites. He corroborated the former Witness, and stated, that when be came to the house, he was told he must go up stairs. He obeyed. and saw Mrs. Wt 'taker sittina in a chair near the door, pad D,tv.idant holding her by the wrists. Cockburn, in his defence, stated, that he had given his two apprentices leave to go to the play that eight ; they had supped with hint at 59, the public-house ; after they had eaten their sapper, be sett them to the house in whials Mrs. Whitaker lodged, to bed; they had not been long away, where one of them returned, and told him Mrs. Whitaker WAS making a great noise and disturbance, weed would not let them up stairs. She so frightened Collins, that be climbed over a wall ten fey high. Mrs Whitaker was of a most to.bulent and vicalei temper, and it was his only wish to get her out his house. Elizabeth Kempsten deposed, she lodges fe v. house with Prosecutris, remembers the apprentices knoaing at the door, on the night laid in the di* ment ; as she was going down stairs to open t. doer, she met Mrs. Whitaker on the stairs. who saic she should not open the door for any person. Wit ness did open it, and let them la ; alter cdong so dee went up to her own apartment, and remained them • She said she beard a great noise, but as she nine" left her room, she could not tel what it was. Benjamin Spriggs, 'keeper .f Gray's lnn-lane watch-house, stated, that on the night of June 16, Mrs. Whitaker was brought to the watch-boose ; she appeared to him and the Constable of the Night, to be drunk. Defendant charged her with making a riot and disturbance in his house, and heating his apprentices ; she was locked up to a room, artiory rogues, vagrants, and persons of the lowest deur!, tion. On his cross-examination, he said she was very much alar m. d and frightened ; could not say who. tier it was the fright which made „her appear as if she was drliA. It was the opiuion of the Con. at ttde of the Night, as well as his own, that she was in that state. The t PI AlRse me observed, this was a most gofer made of ejectment; because those two boys - came home at Ig o cl-ck, Mrs. W. foolishly inter feres. whim Cockburn drags her out of her own house, her cabtle, where she had as much tight to be es ele Defendant. The apprentices ailed under the orders , if their master, he had no right to order them. nor they to obey. in any thing not justi fiable. The Jury immediately returned a veal& Ceirly agaicit Cockburn, and acquitted the appren tices. frith - am klwarti Raierts and Bohr: Brows, . - were committed by the Magistrates, at, Marlborough.. street °lice. cur conspiring with art intent to de fraud several tradesmen, were brought up to be ad mitted to bail. The persons who tendered them selves not bring what they described themselves be, were rejeflei. The Prisoners were ordered the custody of the Warden of the Fleet. POLICL. SFIARPERS AND ?ICI-POCLETS. It is extremely to be lamented that this country more infested with the above dssaription of dangers, ous robbers, 'Stan any other. The public cannot possibly be too mach upon their guard against house-breakers, highwaymen, foot-pads, he. but these miscreants are still m°re dangerous. They mix with the moss respeftable Hawse of society, the streets, and in public places, and are not . peZted, owing to their being genteelly dressed. Ann ther instance occurred on Friday of the credulity a respelhable fern de, with a sharper ; Irons ignorant conduct it might be supposed that _ never read a news-paper, or that she lived closely in a cave, and never heard the passing events the day. A Mrs. Crowcher. a widaw lady, o, Bromptcm-row, was passing. on Friday, between eleven and twelve o'clock, near the gate os HT park, in Piccadilly, when an old man. who dressed as, and had every appeiaraucc cat . , a farms:, aCcostA het, by saying he had jag come to tow', and was surprised to see the alterations and proven:bents which msde in London. hiving been in it for seven years ; Le cent.nxed eonversation with her, till they came opposite to tl Ranger's-house, in the Green Pa: k. *awe ire a,ked het what house that was? She csaissne believeu was the Ranger's ; and as they were walking as t:ts opposite side of the way from the Rangel s-douse. he stooped and picked up a brown paper parr • She told her new acquaintance, that she wished right owner had the parcel ; and he replied, , had net picked i. up some other person would ; said she should like to know what 'the ;mica r tamed ; he Observed, they would go into some . place and see what was in it. *Fney tnen crossed the way, and when they came to a hencb, near tt water-work, reservou, he opened the parcel, which t proved to contain a red Morocco Pritket-book and a. cro.. in red case ; there was also alwritten pap_: the podtes-boott. which pur,lated us be a receipt for the.,4int of elui. kV, 4 til4llloHd At eh,s trtsirlet a man Came u t r. who sat 04 the bea:h, and aplina . red to be a stranger to the - I .l7Nown 71 4 ~. . . ) i Le I ia IVO lens in- hey ek. l at hid • It to ard , .. had. 1 (:".. ~ woo; M A i; ., J i it . , of 0 to • t., r" ' i re aF w the, day. op- bild Nos I ten.. . and told Kra. ) thse. bad play 1 .. the , Iwo aker • rhea .4 aker and -$ ear d tee. ' to ilet.t ..:- is et of "v • time ~ e in- , 1 th. -.,:. A,. - • said . ! r. Wits. .i a • idle i here. *Mr 4a,s• I el 6. see ; .ght, king g his irp t {lt,. very whip i as if I Con. t she sin- boye - neer- i own ht to . lades ~ order ~ justi- • Et or pron. who rush. o de. * ad- hens es to' i into IT. try is • lger. tom* ;Rind . but They y, in I sum- An"... • ity of I her she °sell n. ,i . y, of wren iytl.-. 1 Sk:. a rime, owe., I in-- nut ed en , 4 Lc de • , '.. ',lced vrd it ' • • . , In 4Je lOW. marl. id the doe ; side i coo- r bye- 3isst d at te 1 ! which ••'• and a: - _.."., . . Pa P-r be it Cross. ors the t tow-