The Statesman. — London, England, 1818-07-29 00:00:00

?, .1 NJ^ • . F ; . . ; ;:c.".IA ~. - . L. 4 IV !NTH L LIG IflvGE. • • COURT OF CHANCERY, JULY 98. The LORD CIIANCRLLOR, on coming into Court, loafed, that he was boand to inform parties, that as the Sittings were now coming to a close, he would live judgment every morning in six cases of which had been beard before him, but not disposed of. CASE OF THE BANKRUPT CRAWLEY. Mr. Rosa said, he had an application to make to the Court. It appeared, that soon after the Com missi..n of 1815 issued, a Petition was presented to this Court to supersede it on the part of the bank rope, and the ground upon which it proceeded, was the existence of a prior Commission in 1808. His Lordship thought, at the time that Petition was pre . 'voted, that the best mode of proceeding would be to bring the matter before a Court of Justice. The• is sue was accordingly directed, butmeveri prosecuted, end now another Petition had been presented by the bankrupt, and it was in the paper. The application he had therefore to make was, that the Petition of the assignees might also stand upon the paper. The LORD CHANCELLOR assented to the motion. LITERARY PROPERTY. • e. TOR Ray. WK. PRITCRARD. - MRS. GTE . _ In this case, as we fortterly mentioned, an In. l onction was obtained by the Plaintiff t o p revent the * Defendant from publishing certain letters which silo had sent to him in confidence. Mr. HART this day showed vans* why the Hone tion should not be dissolved. • The Court was much crowded, and tire ease occu pied the Court till half-past three o'clock. The Learned Counsel, after going through' , the particulars of Mrs. Gee's affidavit, which we for merly gave, contended that she had net stated the facts of the case with that precision which became her. Instead of the Defendant being introduced into her house as the adopted son of her husband, she knew him so be the natural son of that husband, and abe received him accordingly as inch. This the De fendant stated most positively in an affidavit he had made, and he stated strongly in that affidavit that he was provided for by Gee, who died in 1815, leaving his widow the interest of 17,0001.. which sum was to come to Defendant at her death, unless she saw cause before that to mite a different order. Snob after her husband's death, she altered her conduct to Defendant, treating him no longer with respect, nor. allowing him to all her mother; bet, on the cee.l trary, showing him every mark of disrespect, al letting at the same time, that neither the deceased nor herself ever gave him any reasonable hopes of enjoy. ing what he now claimed. The Defendant further alleged in his affidavit, that he had never done (or at least was unconscious of hiving ever done) any thing to induce her to change her conduct, he being at the present moment Rector of the parish of Walton.on- Hill (as we understood), in the county of Surrey, and that he felt it his duty to publish a series of letters she had sent him ice the most affectionate terms, not fOr the sake of procuring any profit, but the vindica tion of his moral character. T 3 publish secrets was t shin& be Certainly di!!, not wish, but his character was too valuable to be trifled with. Such was the affida‘it of the Defendant, and he (Mr. liars) would humbly submit, that the question now before his Lordship was, whether the Plaintiff could restrain the Defendant from such publication, or not. In the eases of Pope's Letters, and Lord Chesterfield's also, Injunctions had been granted; but there the Court acted on • principle quite different from that in this case. Lord Bathurst, in the case of Lord Chester. field's Letters, seemed much to doubt how he should proceed, and therefore, when he gave his judgment, he said there was no right to publish the letters with. out consent, and he granted an Injunction ; but in doing so, he recommended the executors to allow the publication of the letters. Since that there bad been other cases decided; and one to which he would now allude was that of Pere/mat v. Phipps, before Sir Thomas Plume', Vice.Chancellet, but now Master of the Rolls. 'The bill filed in that ease stated, she had written private letters to a Mr. Milford, on the understanding that he was not to publish them, or permit them to be published ; but one appeared in the Paper called The News, and the Court will prayed to restrain their further publication, though there the letters were not published for profit. The Vice-Chancellor gave a most elaborate, and indeed important judgment, stating that the general ground on which such Injunctions were granted was, that letters were literary property ' • but feeling these let ters were not for profit, bet for vindication of chit litter, he did not cause to interfere. The LORD CHANCELLOR—Very true; but you have advertised your letters to he published, and you have done so in a public Newspaper. Mr. HART—Yee, my Lord. hut not to be sold. The Lon° CHANCELLOR—Why advertke it in a Newspaper if you did not intend to have profit ? What did the party intend by doing so ? Mr. HART then stated the further contents of the affidavit made by the Reverend Defendant, and con tended the Court could not continue the Injunction on such grounds. Mr. WE.Ttatittu. followed on the same side, and in a most able and.lnusinous speech, more than an haw long, contended that the point which this case involved was one of supreme importance. It in ♦olved the general question, whether lettere written by parties in time of friendship,coeld or could not be published when that friendship ceased to exist ? The case now before the Court ought to be duly ex amined, for his Lordship would hod that there was not a single statement made, that the Defendant was bound to return these letters, or that the retention of them was-a criminal charge, 'or a breach of trust. In looking rover fludrois's 71-enlist on the Powers of the Court of Star Chamber, he found that that Court had Do jelsdiction, and:lndeed never interfered in the poblttation of auk letters, except they contained • metters'of f: 6 ' The LAIRD CIAWCIILLOIL tbeeght Mr. Wenittren might save hionott the trouble of going into that point, for the of libel was not in his jurisdic tion. Libel - Wes a crime, and he certainly could not prevent, bylrla injunctions, any person from com mitting a crime silo chose to do it.- The power of punishing in criminal tales lay only with•him in the case of infants, wards of tiniCeert.- It-should alto be remeinberid, ibit distention:me of friendship between parties did not by any means give this Coact any addillooel power. . ' . • • . 6 IP. • Mr. WrrHEUELL contende d that it had not been , argued here that the letters were literary property.—t!: Whether the person who wrote them had the ',snit}; of thinking them fit for publication he winald . not say. It bad been said that Pliny wrote his for publication, and hence arose that stiffness which was said to mark them. The LORD CHANCELLOR-4 am afraid that my dull predecessors never thought on the vanity of an author in publishing his letters, when they gave their decisions. Now, in 1818, I mustoey that my de cided opinion is, that I must and v.lll submit my judgment to the judgments of those who preceded me, for I can never agree that the doctrines of this Court are to be chaliged at the will of every Chan cellor who sits in this Chair. Mr. W MICHELL contended the power of the Court had not been extended far enough here, for it mere ly prohibited the publication of the work, but not its being generally read. The Lotto CHANCELLOR said, that was all that a common Injunction could do, for any man had i right to read a book, and then tell its contents after wards. The Court of Chancery had no right, and indeed never could interfere with a man narrating what he had read; and, in fact, it would be below the dignity of the Court to interfere. Suppose any ridiculous staff was drawn up in the form of a song, and this nonsensical song was declared to. be literary property, the Court might grant an Injunction, bet would any man say the Court could prevent a person , from singing that song ? Certainly . not. Mr. WETHERELL contended then, at very great length; that the present case was not sufficient to justify the continuance of thi Injunction. The CHANCELLOR, however, was of a different opinion, and at the same time assured Mr. W. he did not willingly stop Mr. Wetherell's argument, for the more be heard him the more he was highly delighted with him, as the more he was pat into the furnace the brighter he appeared. Mr. SIDEBOTTOK followed. Sir S. ktostit.cv then addressed his Lordship for the Plaintiff, and said she had madean affidavit in re ply, to which he must allude. In that she stated that her late husband, William Gee, by his will gave the Defendant 4,0001. and also the interest of 6,0001. for life, with remainder to his children. He left her 17,0001. of which she was to have the interest, .and unless she saw cause before her death, the said 17,0001. was to devolve to him (the Defendant) at her death. By her means the Defendant got a Church Living, of 4001. a year, in Surrey, and she advanced him a con. siderable sum, he informing her by letter that he would give her no trouble, nor make any application to her, if she would resign to him the interest of a certain sum, or if she did not, he would publish her lettets. By a letter of the 15th of April last, he sent back her letters, begging her forgiveness, and saying it was but justice in him to restore them. He (Sir S.) must say that the complaint of Mr. Hart, re specting this Lady desctibing the Defendant as the adopted son of her husband, was not well founded. The LORD CHANCELLOR-Mr. Hart, I suppose you have seen this affidavit ? Mr. HART—Yes, my Lord. Sir S. ROMILLY proceeded. If the Defendant did not mean to sell the letters. why did he publish the r advertisement in the N.wspapers ? Besides, his con. elect was e.sily to be ittlged of by his not giving his DOD name on the front of the hook. but taking a "came more adapted for a novel. The Plaintiff placed In him the most unbounded confidence, and her letters contained some important family secre . s. —WSre these to be published abro , d ? Let it also be remembered, th tt the doctrine of the Court laid down, or to he laid down in this case, would form a future precedent, and therefore more attention should be paid to it. Sir Samuel concluded his speech by Impressing no doubt relative to the Injunc tion being continued. Mr. Itoortsc, on the sense side, felt that the case was so strong on behalf of his Client as to require al. moat nothing to be said. He woeld ask, could the publication of the lettere justify the Defendant's con. duct ? How could that be done ? 'I be letters were, written during the life time of Mr. Gee; and pray were the letters then written to be thought capable of justifying` any thing which might subsequently have happened ? The LORD CHANCELLOR—Ho says he meant to give the letters only among his friends. If such was his intention, I must tell him he acted very strangely in advertising thins in a public Newspaper. Does the Injunction wend to Anderson, the bookseller? Mr. RotteELL—lt does, my Lord. The Lean CHANCELLOR-110w many copies did he mean to give away ? Mr. HART--I believe about 50, my Lord. Mr. HART then replied. The LORD CHANCELLOR at very great length went over the original bill filed by Mrs. Gee, and the subsequent affidavits. The doctrines of the Court on this 'abject were so ably laid down, that it sac too much to espect he would disturb them after they.fied been 40 years held in the Court. Those who chose to do so. must go to the house of Lords ; for certainly he would not, on any account, by his own authosity disturb them. The present case had no analogy to that of Perceval and Phipps, for the Defendant, by sending back the letters on the 15th of April, there by renounced every right to publish them. He would not go into the question of literary property now, but would nit-host doubt,• say, be must continue this In lenction, for the publication was certainly most its proper.—lnjunction contineed. 'fhe Court was crowded to eaten during this dis cussion. ---...—. COURT OF REQUESTS, Sorrowaal, Jeri SC NEWTON V. SUTTON. Thw Defendant in this case was Summoned for the som of 11. Bs. the sum pAd fora gold ring set with pearls. The Plaintiffisshoproan to eminent linen draper, and pays his addresses to a young Lady, who holds a situation of equal importance in the establiih wont of a ,fashionable milliner and dtess.maker, in addition to which they are each of them votaries of the drains, .and occsionally fret and strut their hour 1 upon the stage at a private theatre in the rprighbnur hood- of.. Bank-ski!. From the statement now glide by the Plaintiff, it appeared, _that be hiising under taken to play Antonio, la the Mere/tan; of Venice, Iwhilst his Lady cut 'O . sapPoit 'the cbantetdr of Portia, he determined on taking this opportunity of . if -7 • • •4 ... r - _ _~~- 'presenting her with a handsonte ring. an opportunity which one of the situations of the:play Afforded bim. very intimate with the Defendant, who is a working jeweller, he mentioned in' him his wish to have each *trinket, and I his friend immediately volunteered his services to procure him one at prime cost. The ring in question Ives accordingly provided, and 11. 81., the price demanded, was paid for it. The loser waited with impatience the arrital of the period when be should have the opportunity of carrying his gallant intention into effect. It wised, and the proudest moment of his life was that in which he placed the glittering bauble on the finger of his he. loved. The Lady, proud of the trophy, neat day exhibited it to her acquaintance, when, to het' great mortification, and to the still greater . of the Plaintiff, to whom she communicated the information she had gained, she learnt, that instead . of real pearl end sterling ore, the trinket was. composed of beads of the commonest description, set in a metal almost valueless, called jeweller's gold. The Plaintiff im mediately applied In the Defendant, remoustrated with him on his conduct, and demanded his money back. Rensonstranee and demand were equallislis• regarded, and the Plaintiff had been obliged to adopt the present course to obtain justice. Several jewellers were examined, who stated that the ling was of the most paltry description ; the material and workmanship together not being worth five shillings, The Defendant contended, that the ring was as good as things of this description usually were. lie observed it was a fashionable article, and people must expect to pay for fashion ; and further added, that with the large stock which jewellers were obliged to keep on hand, unless they get a moderately good pro. fit, they would not be able to live at ail. The Commissioners decided, that * the Defendant should return the full sum of 11. Bs. and, pay all costs of suit.. On doing this, the fashionable article was restored to.him. KENT SUMMER ASSIZES. 'At Ant n'clocCen .. Monday'the lion. Sir CHARLES A Becrr,* Knight,one or the 'Judges of the Court of King's Bench, enlererbliidstone in the usual state, to open tbe bilsitiess of the Summer Assizes of that district. The Learned Judge immediately proceeded to the town church, *hire he heard Divine 'Service, after which he repaired to the COurt.hoase, *here the Commission was read in the customary form. Mr. Serfeant LEgs will aisist in the 'absence of Lord Chief Justice ELLENB . OeOtIoti, who, from indisposi tion, is unable to attend the Circuit:* The business of thise Assize+ appears to he re markably heavy at the criminal side. The Calendar contains the commitments of 72 prisoner,. among whom are the following on charges of murder : William Hazleton. agent 18, committed by A. Constable. Esq. the Rev.' R. D.'iies, Clerk, E. W. Forman, Esq. and several other Magistrates, charged on the oaths of George Martin Bird and others, on a strong suspiCion of being feloniously concerned, and a party and accessary to the murder of George Bird and Mary Simmons, on the 7th February, at Greenwich, and also in the burglary committed in the dwelling-house of the said George Bird. Daniel Fitzgerald, aged 23, committed by the new. J Jones, on a certain writ of Cabins directed to the Sheriff of the county of Cork, by Sir William Cusack Smith, of and conceritiru a certain felony and murder, whereof the said Daniel Fitzgerald stands indicted at the prosecution of Daniel Byrne, and others.—(Removed to Ireland on the 15th July, for further examination, by order of the Lord Chief Justice.) Charles Hassey, aged 25, committed by A. Con stable, Esq. (and other Magistrates) charged on the oaths of George Martin Bird and others, on a strong suspicion, of wilfully and feloniously killing and murdering George Bird and Mary Simmons, on the 7th of February, at Greenwich—and also with hav ing, in the night of the 7th of February, hurglarioutly entered the dwelling-house of George Bird, at Green. wich, and feloniously stolen therefrom several watches, a silver soup-ladle, a aster strainer, and se veral other things, the property of George Bird. John Hogan, aced 25, Aterander Wardrobe, 27, 1 committed by the Rev. S. Watson, D.l). and other Magistrates, charged on the oaths of Cornelius Cra w. ley and others, on suspicion of the wilful murder of Francis Lad, upon the high seas, within the juris diction of the Admiralty of England. James Clements, aged- 25, committed by the same Magistrates, on the oaths of the same persons, on sus picion of the wilful murder of John Macardale, on the high seas, Stc. Alexander Dewar, aged 38, Christopher hiustead, 29, committed by the same, on suspicinir of the ful murder of Lochlin M‘Learr, Daniel M'Cormick, and George Stevenson, on the high seas, &c. ; also charged on suspicion of the ,wilful murder of John Macardale... Dewar further charged on suspi cion of the wilful murder of Bryan Kelly on the high seas, &c. There are also Richard Beeching, aged.so, com mitted by the Coroner, charged with feloniously kill ing and slaying James Terry, at Teuton ;- lied James Bell, committed by the same, charged with having fe loniously killed and slain Wm. Delman, at Green wich, thelth May. The Calendar further contains a number of charges for burglary, passing forged notes, &c. A melancholy circomstance occurred at Carmar then, on Saturday se'nnight. Mr. Richard Biker, a traveller for the respectable house of Sutton and Co , Bow Church-yard, London, arrived there en the above evening faom Swansea, and soon afterwards went to bathe in the Towy ; he swam aerras the river, but on his return was seised, it- is supposed, with a fit of ;he cramp, shout the midst of the atteam, and sunk instantly. The body wee found at three o'clock no Sunday morning, and on Monday the Coroner's Jury returned a verdict of Accidental Death. The Duke of Bedford's porter cut his throat yPfe terdey morning, at his Grace's residence in llama tnn.place. lie was taken to St. George's Huspitel with little hopes of recovery. DEAL, Jut.tr the. whole of the out. ward bound ) except the Broxbournbury, Oich re- mains. f r • / • :4". 7 1614 7# - PO L IL. it. • y How-weisere.•••o2 Sunday and Moeda,' idb. Perry and Nicholls, the perish const a bl es , 4. 4 4 St. James's and the Green -Parks o f a newt , Will mad disorderly persons. 'They found sle e t j et in the chairs in the Mall of St. James's N i b, two in a dark part f it, one of %shorn proved to 6; • well..knosvit infamous character, who had be got corsets - fed and imprisoned in the Hour of Correed oi (or twelve month.. Re was convicted as a rep o * .vagabond. The man who was wish him, said 4 was a carpenter in the Commercialsroact,....R, nes discharged. The lacers apprehended twelve in the C ets Perk ; my@ of whom had been washing his shirt h i the pond in the grove, he remaining with his b o d y naked while his shirt was drying on the grass . Eight were found asleep nn the grass opposite ti le stables of Uvrlton-house, one of • horn had been prehended in the I'erk the preceding wesk, and by in consequence committed. HarroN•o•anen.—Mr. Joseph Bailey, o wn " end driver of a stage coach from London to Br ai d. ford, was che•ged by John Hanson, Esq. with car. ri l l 's 13 outs de pmsseugers, being one more than the number for which his coach was licensed. He ess' convicted in the full pensly of WI and coats. ' i rks M agis trates @slimmed their thanks to Mr. Homo * for his unwearesiintertinns in bringing suelsoffessis eg to justice, for which the Public at large are ma& indebted to him. Unicist•sa•Lr..—Yesterday, were brought Ware the Magistrates, Gienfield and Scull, two pugilirie heroes, who were to have fought a pitched battle, on Mond4y, at Galley Well Field, near Berm.ondsei; the Magistrates heard of it, aid issued a warrant to take the parties into custody, and to prevent a breach of the pence. The Prisoners were committed for re.esamination on a future day, when the oflirers will be able to bring up a number of desperadoes, who assaulted them on their seizing the Poisoners. .. Quncss-souttse.— Yesterday, Jrchiboid Stewart, and John S mirk, privates of the 3d it ig i m ,„, .01 Foot Guard', were charged hy. Mr. FOl*Pii, of Po. land.street, with assaulting him, his wife ► and daughter. On Monday eiening, es the Compisinant and hi, family were wm;king along the Strand, they wets attacked by the Prisoners, who, witl►net the slight. est provocation, knocked him down. Some watch. men who were near, took chatge of them, hut a Gentleman interceded for them, and Mr. Fos welt was, in consequence. induced to let them go.--. The Corn tlainAnt then proceeded on, but after wards the two Pri.ouers again came up, and in lal►Ruage the most horrid and indecent, %owe to murder the fe. men, whom they instep:ly knocked dovi it, as welt as !wo watchmen, shit came to their assistriice. kite cries of the Wooten and the springing of the watch. men's rattles having collected a crowd, the L'►isoners attempted to escape. One of them was apprehended whilst running, and the gather was, (mind at the step of a door in a pretended sleep.—They were ordered to find good hail, and committed in default thereof. MARLSOROUGU • STitEET...— Yeatetd-iy the Alight Hon. Lord Viscount Palmerston attended at this Office to prefer a charge of fraud against a man.— The case was not gone into, but the following, we U liderct and, a , P the particulars :--A person Called at 14• rd Palmerston' , house to request a subscription from that Nobleman ; but his Lordship, suspeviug a , fraud, sent one of his servants for the iaa isli hearlk, who took the man into custody, and brought him to this Office. . y • $i • BOXING. ABBOT AND JONES. The battle between these heroes of light weight took place yesterday,. on Wimbledon Cognition, Ab bot, who was the beavie.t, basing fought I went, -lite guineas to eighteen. Ile beat Ayres on the same spot, after Randal had disposed of Burke, a ' , heft time sine*, end Ayres, being a known good one, Abbot got a name iu the fighting list. Jones is a promising youth of 19, of known goodness The amsteurs were divided open this occasion, the fight having been fixed to take place in Pa.p.os .Nleatioas, on the Erigeware-rostl, but it was altered in the 'fief. noon or. M onday without its being sufficiently known. Many persons went on the wrong scent es well as the Bull, which was an exhildo last; Jones and Crap. ley seconded Abhut—iand Handal stud Weale, Jones. Betting two to one on A igl.ot. THE. BATTLE. In the fly t mend. w hich lasted nine minutes. these wee mach motion, and smart hghlisag. 'I he Itlell ClitSlll atter third dislinet rallies, is which Mere. was cOnside.ahle giving, and Janes went Minn repots the strength of a blow, alibusigai t ot a complete knock d .0 es. The toeCtilitt ard shirt room& showed thfi l A Abb o t was the hest fighter. lie me:mired Ills distance ;teem:m.ly, said jobbed Nis adversary about Me - mapper_ until itlf strenine agate. Jones made some hits tell, hut Abbot 'woke from him ant u hen in. he followed his left hand with his right at oar mottoes Both weirdoes% iw each round. Abbot continued to lead until the sth rotund. is whets be bladdered his antagonist's e c ; but in the tills rn nd J nes fought pert its, and behaved very gaWntly. strew hi's were raehahgeit stud Jane. had the best of. this aed the follow ing roma!, but he had neither strength nor science to maintain it. Abbot bad got.his adversary bi:okrri in die 15011 . So:tut. OS • ogles were yore/tit. his teeth chattered, and his head was dunned. the fought menfolk 'until the •:.0111 roiled, and he rod some execution, hilt in a I held stale. His brother chwed the light by taking him away, suiting that be atilt d a odd trapping. and lie laud got it. 'I he bank haled Ott minutes A second fight took place between I rustenatiTons aid ililldie Cnal-heaser, whirls het their travelling name-, These tutors distinguished themselves in row ittg at the late We. lien. The Dustman was beat after a Wooly struggle of owl . 11011M11411. The Bull came of best by mistake. COUR; F. OF EtCll 11N Amsl erdam. 3i tO 8.9 U. [lino, at aialt , „ 36 4 Amsterdam, 11 6C. F. at sight, n 3 Rotterdam. 11 7 2 U. Antwerp. 11 lu %. tno.. Ilataltureh, 34 1 si U. Altana. 31 3 94 U. • earls. 3 days% signs, 34 90 U Ditto, 24 10 2 U. lloordeaux. 94 40 Fronk on the Maine,l4:lez.mo Madrid, 39 ell - relive Cadiz. 99 directive Bliboa, 346 Sew ille. 3$ Gibraltar. J 4 - • -- • --- 'GE. Tlngsrav siViT 29. Leghorn. 511 riersod, Nla4a ss) Veni4, '25 Napit.A. 44 P.Jecno. 1/5 per ox. Lissom t•,S k Oporto, 439 it 10 .180E40, 6 7 I) it iv! i to. .11 per rent. Cur!. II b per Cent. • Agin of the Hook owlifolland.i Portugal (Odd, iu Cuiss, 41.11. . pre . oz. Ears, 11. 10. New Dollars. 6d. larotaststaliss 6 . 54 • • --- L"NDON Prlnt..l tale 4orbliab.-4 nv D. Loy STATaIIAtaN °mot, No. I, Salisbury-court, Fit ,t-trert. iirii ',llllll p ill . . a • , ~~ AC: - E • -• :~; :e `+ ~~~ ~' t• • i .:A* ..:2, ~~ ~. I ,