The Statesman. — London, England, 1812-11-27 00:00:00

• • : : , 1 i 1 tf • r j 1 it 1 ; I, I , , . ; , i , t ... . :., l i! ,i i' .. I 1 I , I ' •i ?,! , ~ 1 , ; 1 k i i , . ,; ii i f l, l 1 , . . :. i . .., 7 , . ~, , :0 ).., I ,i . , , II try mal information should not be filed against them for challenging and posting Mt. Edwtrd Parsons, mer chant, of London. The Prosecutor's espurtestate. ment of this case will be recollected, as reported when the motion was made; and the Defendant's Counsel now produced affidavits of Mr. Bell, who is also a mercantile man, and of his partner, Mr. John Clarkson, in answer to the Prosecutor's affida vits. They stated, that the Prosecutor, who is a Centleman ia years, and of consideration in Bat son's Coffee-house, loudly sod to the Defendant, Bell, in that place, after the discussion of tke mer cantile dispute which g ave rise to this quarrel, " I shall have nothing fur ther to say to you; your con sluct is unlike that of a,gentlemau or a merchant, in not answering my letters ; and I will have nothing further to do with you. if Mr. Clarkson wishes to ;peak to me, lam at his service." Upon this the Defendant asked for an explanation; but the Prose cutor replied with equal violence, "I have nothing to say to you: you have behaved like any thing but a gentleman." Upon the Defendant's quitting the Coffee-room, the Prosecutor called out, " You ought to be ashamed to show your face here;" up oil which the Defendant asked, " What is that you say, Sir ?" in a manner which might import a threat. The Prosecutor then called, 6 . 4 Waiter, turn this loan out of the room : he is going to make a riot." The Defendant then replied, " Now, Sir, you've settled it." The learned Counsel attempted to re concile this statement with what had been deposed by the Prosecutor and his witness, who, it will be recollected, swore to the words " rogue, scoundrel, and coward," as proceeding from the Defendant. — The Prosecutor's affidavit, said Mr. BIIOUGMAM, ad mitted that he complained of the Defendant's con duct, and that he meant to administer to him a mode rate rebuke for his unmercautile conduct; and nei ther his affidavit, nor that of his friend, negatived the conversation which was now sworn to have pass ed.' The latter expressly said, that he was not near enough to hear the whole. The SOLICITOR-GENERAL, in support of the rule, was stopped by the Court. Lord Etassertoeouotr.—Really it is high time to put a stop to this spurious chivalry of the conipting house and the counter. The Court has been for these two days occupied with cases of this sort : yesterday it was an angry linen-draper of Bristol, who had been a little time in a Local Militia, long e,too;11 to . imbibe all the worst prejudices of the army, that thought proper to post a practising stir- geon for not accepting a challenge; and to-day we j have a mercantile man in the same predicament. In stead of posting their books, these tradesmen are posting one another. The Court desires it to be un derstood, that it is not necessary for the party ap- Vying for a remedy against such an outrage as this, tutotne perfectly unblemished before them; and that if it shall be sliewn to be necessary for public quiet and justice, they will interpose the remedy sought for. If the challenge in this case had been sent co f atoll/ opal the Defendant's quitting the Coffee house, the Court would have contemplated it as ma wait% from the venial irritation of the moment; but it appears that he at first applied to the Prosecutor for an apology, •spoii the refusal of which, his friend, the other Defendant, was sent upon this mischievous and malignant mission to the Prosecutor, in the coun- I try; and then, because a man refuses to be hunted down when dining out at a friend's house, and chat lenged at six oN:tut:Lin the evening, he is to be posted for a coward at Lloyd's Coffee-house the next morn ing. —Rule absolute. Tux um %RITA / NTS OF WESTMINSTER IL THE COMMIS SIONERS GP LIGHTING AND PAYING. Mr. PARE showed cause a i ;ainst the Rule obtain ed in this very interesting case. A Rule had been obtained, to show cause s by a Mandamus should not issue, to be directed to the Commissioners of Light. ing and Paving, calling on them to enforce the parish, in whose district it might happen, to repair the pay ing and roadway of Picdadilly. lie had appeared OR the part of the parish on a former occasion ; and the Lord Chief Justice (Ellenborough) was pleased to Billow time to his Clients, to ascertain whether there were any disposable funds in the possession of the parish, which could be appropriated to repair the paving in Piccadilly. It was now ascertained by all parties, that the parish had no " disposable funds" for such a purpose; hut as application was about to' be made to another place (Parliament) for an exten sion of their means of raising money, to enable them to make such repairs, he now applied for the Rule Nisi to be dismissed, ns that was understood to be necessary previously to any application being made to Parliament. Sir W. GARnow could not but consent to the dis missal, as there were no funds, and as Piccadilly must remain in its present condition, till Legislative authority was obtained for raising more money. Lord ELLENROROUGH observed, that as' such was the case, the Rule must, of course, be dismissed.— Rule discharged. The Court did not rise till after four o'clock. :Coverages 23. THE KING V. M.G. Mr. Nor,or prayed judgment against this Defend ant, convicted under an indictment before Lord Er.- tt:xuoeoocn,atthe last Surrey Assizes, of publishing, in thz first number of a periodical work, called" Town Talk." a libel upon Thomas Best, Esq. who had the misfortune to kill Lord Camelford in a duel. The Orel :I'...ensetl the Defendant of barbarity, ignorance,' profligacy, unfair gaming ; and asserted, that he had wantonly killed Lord Camelford, and had been de s:rted by his wife for a more deserving object. The Defendant had refused to give up the author of the libel, saying, that be was already a liristuer within the rules of the King's Bench, .and had no money to pay costs. The Prosecutor put in an affidavit, which stated continuances and justificatiptis of the libel subsequent numbers of the 44 Town TOO" The . Court treated the Defendant as a systematic and trad— ing libeller, and adjudged him to pay a fine of 501. to the King, to be imprisoned in Newgate for nine calendar months, and to give security for his good behaviour for three years afterwards, himself in 1001. and two sureties iu 501. each. COURT OF COMMON PLEAS, WIVITIIIIISTEIt, Nov. 46. VEGEE V. ROLM. Mr. Serjeant SUEPHERD showed cause against a Rule obtained on a former day by 'Mr. Ser,ioant Best k~ ~~ , i ~~1 ;~ 1~ THE STATESMAN . . for setting aside the award in this case. The Plain.. l of had Sethi the purchaser of a ticket in the " City Lottery," t aad had been so fortunate as to obtain one of the prizes, which was represented by the V.. fendswt .(who was an agent for the disposal of tickets), to be worth 17,0001. but en the Plaintitrs application for that sum, it appeared that the sur veyors appointed by the .Defendant, had estimated the premises to be north no more than 45001. upon which an arbitration was agreed upon, to be made by Mr. Sevjeant Remmhigton, who had accordingly ex amined into the merits of the case, and, on hearing theopposite evidence of the Plaintiff and Defendant with respect to the estimated value of the premises, had fixed the award at 8,0001. with a view, however, to the final decision of the Court. Mr. Serjeant Sextant], now argued in support of the award, but the Coed deferred judgment till a future day. mew( a. JONES. This case is so far of interest, as to involve the construction of the 46th of the King, commonly P p .called the " Southwark Act," and was as follows : The Plaintiff had proposed to the Defendant to enter into partnership with him, if he should like the bu:)' . mess which he (the Defendant) carried on, and had a lvauced him the sum of five pounds, as a sort of earnest, which was to be returned in the event of the Plaintiff not approving of the business of the De fendant, which happened to be the case, and he accordingly, on the refusal of the Defendant to re fund the sum advanced, brought an action on the agreement, and obtained a verdict ; but Mr. Ser . jeant Lens had, since the commencement of the pre sent Term, applied for a Rule, to shew cause why ,a suggestion should not be entered on the record, that the Defendant was entitled to costs under the Southwark •Act, by which it was enacted, that such actions as the present should have been brought in the Borough Court, instead of one of the Courts at Westminster. The Court were unanimously of opinion that the application was well founded, and the Rule was made absolute. EXCHEQUER CHAMBER, N0v.26. SITTINGS IN EQUITY. promissory note to her niece, and submitted, that the bill might be dismissed. The Lord Chief Baron, Sir AsantAnnua YlAcno st said---" The woman gave away the promis. sory note to her neice, believing that she possessed a power which, by the act of marriage-settlement, did not belong to her." EARNIAIV V. CLARKE. The Plaintiff in this case filed a bill In Equity, praying for a decree to cause an account to he taken of a promissory note for the payment of 1001. with interest, which had been given by the mother of the Defendant. It appeared in this case, that a Gentleman, of the surname of 'Walker, possessing a small inheri t tance near Leeds, in the County of York, left his estate among his daughters, Eliza, Martha, and Sarah. Martha, when she was young, married a person of the name of Clarke, by whom she had children. Becoming embarrassed in her circum. I stances, she borrowed the sum of 1001. from her sister I Eliza, for which she gave a note, promising pay ment on sight, being the note for which the present Bill was filed. Some time afterwards Eliza mar-1 ried Earnshaw, the present Plaiutiff, and by a mar-' riage settlement,' which the bridegroom has writ. ten with his own hand, she surrendered to his juris t . diction all and the whole of the money which she held in the funds to a considerable amount.—Mrs.l Earnshaw kept possession of the promissory note, and on the death of her sister Martha, she pre sented it as a gift to her children, without the pri vity or concurrence of her husband. In the mean time, the donor had become debilitated in body, and her husband anticipating the probability of her mind becoming feeble also, got a strict inquest made into her goods, chattels, and personal property, in the course of which, he missed the promissory note in question. The Bill was immediately, tiled' in Equity, and Mr. Hall appeared with Mr. 1 Martin to support it. These Learned Gentlemen ! maintained, that by an accurate examination which they had made of the marriage settlement, Eliza Walker had surrendered.to her husband, the Plain tiff, the whole of her money vested in the funds, re. serving for herself only the land inheritance, out of which 1151. was to be paid yearly to her husband,l in case that he survived her. Such being the na-1 tare of the marriage settlement, they contended, that the husband, according to an ancient proposi. Lion in law, became immediately the manager, the controller, and proprietor of all that money and in heritance which appertained to his wife, utiles.; that she had reserved it to herself by an express stipula tion. Under these circumstances, the woman inhe rited no power to diminish by extravagant gifts the property of her husband ; the promissory note its questions, though the Plaintiff had permitted his wife' Ito retain it in her possession, was, nevertheless, wholly his property, and he had the right to recal again, should she choose or be prevailed upon to squander it away, without his privity or concurrence. Therefore, they humbly submitted to their Lordships,. that such a giving away, and cancelling of the was an act null and void, and they prayed that the decree might be granted. On the part of the Defendant it was maintained, on the express authority of several affidavits, one of which was made by Sarah Walker, the sister of the Plaintiff's wife, that an entire jurisdiction over the property of Eliza Walker was not surrendered to her husband by the marriage settlement, nor had ever been in her contemplation. She gave him, it was true, an authority and power over what money she had amassed in the funds ; but surely a promissory note could not be said to appertain to the funds, being part of her own private pocket-money. Besides, from a conversa tion that accidentally took place, on the death of Martha Walker, between the Plaintiff and his Wife, it appeared, that he conceived himself by rio means entitled to the money due upon the bill. 'laving sa tisfied himself concerning some money that was due to him, he enquired if hirwife had received satisfac tion for the promissory note that belonged to her.— Certainly such a question was rather rematkable, if the husband really believed that he possessed a power over the personal property of his spouse. The hus band, having drawn out the marriage settlement him self, certainly never contemplated a jurisdiction over her estate and pocket-money, when he particularly described that portion of the estate'which Was to appertain to him. They therefore maintained, that his wile had the power of making a present of the UUTROPIP V. LORD 11UNTINVIRLD. One of the Learned Gentlemen who•appeared in this case on the part of the Plaintiff, requested that their Lordships would be pleased to postpone the discussion of the case till to-morrow, inasmuch as Mr. Leach was bnxily employed in the Court of Chancery, and his other learned coadjutor, Mr. 8., their Lordships would be sorry to be informed, was confined with the'gout. Mr. DAUNCEY, who appeared for the Defendant, immediately said, that he was particularly sorry for the uncomfortable plight of his Learned Friend Mr. 8., because he was a sociable Gentleman. Be had dined with him yesterday, and he displayed signal activity in walking, about eight o'clock at night, at which period he parted with him. Notwith standing all that, the gout was a very convenient excuse. The Loan CHIEF BARON answered, with a smile, that he recollected when Sir Fletcher Nuivou was Speaker of the House of Commons, a curious inci dent happening respecting the apologies of friend ship. A meeting of Learned Gentlemen took place upon some very urgent business, and the Chairman 'enquired with much solicitude concerning Sir Fletcher Norton, *hose presence Was absolutely necessary for the arrangement of their concerns. Several Gentlemen immediately arose, and made a very cete monious apology for the absence of the Speaker of tee House of Commons. They had called on him that very evening, and they were authorised by him to say, that his professional duties were so multifa rious, and the situation of the Speaker of the Com mons had been that day so arduous, that he felt him self very fatigued, and unable to be present at their meeting. The Gentlemen had scarc finished their aplogy, when up started the herculean figure of Sir Fletcher Norton himself, to the great consternation of his apologists, and advanced towards the Chair.. He thanked his friends very courteously for the care they had taken of his reputation, and he hoped, that ever after, with them enquiry would precede apolog. Mr. y DAUNCEY said, smiling, " My Lord, I really dined and walked about last night with my Learned Friend, and his appeaaance will create no consternation within me." The case some time afterwards commenced; it was bill filed in Equity, by a Spiritual Rector, praying for a decree of tithes. In answer to the bill, the ATTORVEY-GEXERAL contended, that the Rector had filed his bill for tithes which did not appertain to him, for he claimed the tithe of Huntingfield pleasure park, that, ac cording to immemorial usage, had been covered from tithe of kind by a modus, along with many other fields belonging to the same estate. Having dis missed that part of the bill, he maintained that the remainder was wholly vexatious, inasmuch as it claimed tithe for grazing a 25 acre park for one month, at Michaelmas, the w hole tithe of which, according to most scrupulous investigation, could not exceed 2s. 9d. in the case of " Griffiths and Williams," tried in the y ear 1695, a bill was filed for the tithe of a cow and a calf, which came to a snm of threepence, but it was dismissed because it was too scrupulously minute and vexatious. lie hoped their Lordships would do the present bill a similar favour. Mr. DALTNczy appeared on the same side, and ob served, that the preseut case had depended for five years. The Plaintiff had tried his cause before a Jury and lost it, because they found that the plea sure park of Huntingfietd possessed a privilege of freedom from tithe in kind from titue imme morial. Another Learned Gentleman, on the same side said, that really the present Bill had been filed to recover a few shillings, and the whole proceedings would cost at least 6001. In the case of Baker v. Attey, in Groillian 493, a bill was filed, claiming Easter offerings of a family, but it was dismissed because of the smallness of the sum, and he had no reason to apprehend that a better fate awaited the present bill. Mr. LEACH appeared on the part of the Plaintiff, and maintained, that his Client was the Representa tive of the Church, and it became his paramount duty to protect its privileges, for he was not like an indi vidual that could surrender part of his means lest the whole should be disturbed. Re bad strictly en quired in . his parish concerning the immemorial usages of tithes, and he bad proceeded In the case ao- Cording to the information that he could procure.— Since reasonable grounds had, therefore, appeared for filing the present bill, he hoped their Lordships would not dismiss it with costs. The Lone Cent. BARON said, that the Rector had lived for twenty-five years in the parish, and ought to ha►e attended to his tithes. Knowledge of the fact was within his reach, and he should have en quired assidiously concerning the right that he pos. 'eased before he filed the bill. He had neglected to avail himself of knowledge within his reach, and he would be obliged to pay the costs of attempting to disturb an old immunity. The tithe for grazing a month on a twenty-five acre park at Michaelmas, could be so very little, that the Court could not,con. template the bill as having been filed for more than 4 few shillings, which was by far too scruplous and minute for the Court to entertain., Batons Tuomesou ) GRAHAM ) and Worn), were of the same opinion. On Wednesday morning eight young beautiful cream coloured horses were exercised in turning short round in the Court-yard of St. James's Palace. It is an undoubted fact, that from the crop of a partridge, found dead during wheal setting-, 16 score grains were taken. Now, presuming this to have been the consumption of 24 hours in the treed-time, who can compute the quantum of loss sustained by the maintenance of game ? The passion for preser vation is in truth running to the excess that the French Noblesse indulged under the old regime, and needs there a stronger or more salutary caution to be given to the English Gentleman? POLICE. 1 Baw - ornerr.—Thorsday John Drake was bran kt 1 Office, and charged with feloniously stealing i u .arr, 4 , m i :„: -* of we .ring apparel and linen, the property or ladV!inii,,,—.l Daniel Bailr:y, iSao. which had been ell rllSted tal M l• "'? • a ta rh a:d i tr f is, n in er C o h . n a a ltn e n m -s i t o r t i; ) ,r ed , Sutometakes ' e n t ir e n p . ropenv somp. hit rs. Ann Pli instead of that he a smirk' with it. He wat, subtilised in th lice and Cry, which was olissrved by the Polies.wh em , al c : ventry. who discovered thc Prisoner near there, sli d .. in appreliecd him. The Prisoner raade a thspeuiterui:, ~4 . which compelled tlw officer to produce p i s tol and ths eia ; 4 .4 blow his brains out, and in the atria) koked tiseur hi s teeth nut ; he afterwards brongbt him t o Lamina. Part of the property has been discovered to lot e been pl ? ,!, d by a woman the Prisoner cohabited with, and aaoth. p a it bits been recovered by th e same womaii ofii.ring it f r or aka r, ~ . and on her bein g quest i one d as to now she became pi . it, she ran away rin d left it iu the sh o p. sled 'lheihrisoner was committed fin further eraminatiiin. A man was charged with uttering forged h!auk of F'ackual notes, by selling them to Dickens, One of ill(' l'citrOle belo w ,: to the Office, and wa s comm i tte d f or trial. irag UNION-NAlL.—Chrisimpber kowtow! teas . yesterday bran. before Mr. KVANCE on an infer, ation eliargtmg Sion ss tilt nisi,. jug a private still. lame. Charles York, a l 'et im-houtet4- cer, Mated that , in con sequence of informatio n he had ris,a,,. d, he procured a search-warrant, and taking another other win ) him, went to the Defendan.'s h ,in Pro - peci.ph:ce, ',,, d., worth. After a short delay, they obtained admi...ion, aid in no inner room discovered ta II stills at work, one of them or th e ti. anensions of fit) gallons was charged with wmit, the inner. 4 .p gallons, was charged with low wine. ho 1114,4111 est , .1( !:,,, Defendant was on the premises. The Defendant when ri a. N I for his defence, said he was employed by a Mr. Sink,' Ann nets ed the house, but wbo he was or where he was to he finial ha could not tell. i The Deteadant was fined f . iol. and costs. SwrxDrANG.—Two genteel diesied men to o k op their abode a few days since at the Feather's near Cheshunt, attended by a servant in livery, slid by the •appenditge of self-made titles, they !Oar. (painted with some persons of consequence in tl • neighbourhood, purchased a freehold estate, Scc.l;:vl astonished the natives. Resides gettieg upwaids iir 2UOI. in ready money, they decamped with a aluti uso an. d ble pair of horses, i n a goo d c h a i se, which t:ley hired for a week, as w e ll as w i t h a h ac k ney for their servant, no doubt an accompli ce , an d h ave not since been heard of. They have been announced as db swering the descripti o n o f t wo sw i n dl ers who rhmot. muted frauds to a great am oun t i n t h e neio of Oxford a fora - months since, but unfortunately justice has not yet overtaken theta A 'Lady of good connections, and the widow of an Officer of first rank in the army, was taken into 'custody on Wednesday, charged with bivmy, in i n . termarrying with the said o , licer, her former band being still alive. The Lady was taken lr: 0 ; e a Magistrate, and held to bail, until a future day, when the case will be entered into, and much le,l discussion is expected to take place on the authority of the first marriage, which took place in Sit. land. Some heavy pecuniary affairs are involved is the question. Datum ATTACK. —Monday morning last, :-.1) , %nt ttfihh beenrereceived fired hour bsek l of three o'clock, a 'Limber of armed vi:. tains attacked the houte of James Sorahati, at Ger bally, near Du!.'ek, Comity Meath, steward to P treltienidlohoSrinwiitthh, a r' S ' l q e . d ; ge w , ' S i l e e r! i t iti the a a r c . t ... ( : ) ! l. trim ''lln l. l3'' 31 his .:`l., seised li m st t y h a l r e pi o . u tc :D i liii t cl e ed st a.. ) i i i ' Ori t i l or ‘) . 3 l' ' h ° 4 pitch-for k , the e r i tkihg,eaa th e irt d t , r ca es onud i s ti t wi e c i o l th e 1 :!I! a vs in a gal_ several ridTlllh s h otsh is i i r g s i e c hn r t tt e o : h t n t h ah t e i s el ,: h h o a bu t ie c st h ew : supposingeonw be t ween the 1 l l• h l e i f % l n . fi t w fi , ,l i l y e ;l2 extinguished by the exertions of the family. Sena. han knew all their voices, one of them he prace cuted some time since for stealing wheat, and for which the villain was publicly vitipped. 'his poor man merits every praise, and we hope he will be am ply rewarded for this rare act of valour. A Coroner's Inquest was held yesterday at Mr. Starks, the White Horse, Jaws-s'reet, Covent garden, on the body of Mr. William Freer, who was found dead in his bed on WAites,lay nif,rii:ag, at his apartments, No. 10, Hut-street, Coreal. garden. A friend, who had slept with him, left him in the morning,without being an are ori:is death, which was first discovered by his daughter. when she went to call him. He has left a family of nine motherless children. Verdict—Died by the ri>ita. tines of God. A few days since, a woman of rather respectable appearance, introduced herself to an elderly Lady at Newbury, as being perfectly acquainted with her relations in a distant county. Happy to hear of her friends, and pleased with the stranger's conversa tion, she invited her to spend the evening and take a bed there. After she had retired, it occurred to the old Lady that she saw something more than feminine iin the appearance of her guest. She communicated Iher suspicious to her neighbour, who was a consta i ble. They consequently repaired to the chamber , and on their entering the apartment, the guest buil dead), rushed down the stairs, and escaped. OR looking round the room they found a laznr open on I the table, and a bundle, containing a few articles of 1 apparel and a pistol ! I On Friday, the 13th inst. E. Fcrvson was exe cuted at Inverness, iu pursuance of his sentence, for the murder of Capt. C. Munro, late of the 12d re giment of foot. So uncommon a spectacle in that part of the country attracted a great concourse of spectators. About one o'clock the inifortunate man was taken from the prison, and I.?d to the place of execution, attended by the Reverend Mr. T. Fraser and the Rev. Mr. D. Martin. On arriving at the place of execution, after prayer and praise, is whitsh d. the prisoner appeared to join most fervently , be o dressed the surrounding multitude in the Gaelic lat• I g fo u r a g t e he c r ime il e a c h k e n h o a w d l edge d committed, himself deplored t he s in ea fo t i t ness of his conduct previous to the unfortunate event, which rendered him obnoxious to punishment, 1/1: pleated the ignorance in which he was educated, gad his neglect of moral and religious duties. On Tnes.day last, L. Southgate A u cic, 1 , .( 1 , of Woo/on-unit"' Edge, t;loocrotersitire, to Miss Hick.r, datiglicer of 11c.ary iliekst Esq. of Eastiogtorf, in the same counts-. DIED. On Wednesday last, In Curzon-street, May Fair, Min Elilav beth, second danyhter of the Don. 11. F. !!.S.anhope. On the 19th heti. she io:ltut daughter of Dr. Wright, of Nor. wich. Yesterday, Aire. Reynolds, at an advanced age, in Alois buildings, New-road. • I.ONbeN: Printed and Pi!blished by I). LOVELL 31 O f 11111‘49115 OviricO , $7. Mee:-weer. ryi ii i :r I ~. i • 0 • • A • W