The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-22 00:00:00

LAW !7. COURT OF CHANCERY, FRIDAY, JAR. z►. The Court was occupied in•basering cause petitions until half.paat Mtn o'clock. In a case of bankruptcy, partly argued by Mr. Blontagu in the holidays, Mr. Home now wished to have it postponed, as full statements of the accounts had not yet been made out. It was oppo'vd by Mr. Montagu, who begged of 11r. Horne to keep his temper, and preserve the respectability usually to be met in this Court Mr. Horne denied that his conduct was ever calculated to lemma the respectability of the Court. After some further remarks of a similar aature— Thal/out , CmitalcELLon ordered that the accountant should make an affidavit as to the state cf the accounts, and he would then decide upon this application. "EI-PARTE HEAL. IN SE NORTdf• In this ease Mr. HART moved, that the petition should stand um as a long affidavit on the other side had only been yesterday tW, of which his clients had not as yet received a copy. Mr. HEALD observed, that Mr. Hart's own clients had done she same thing. The Loan CnAwcr.v ton—Had it not better stand over till both side are properly prepared ? I suppose, Mr. Hart, you can have a copy by paying for it. Mr. MALI) said; ,Mr. Hart could not have it now. The rip - anion was not in time. 't. HART observed, that copies were usually given by solicitors other. H*ALD-1 will not give one. e LORD CEIANCELLOE directed that a copy should be fur -1 on the usual WM. -•-•v•r .LOA'S COURT, FRIDAY, JAY. 21. vlication Mr.Fi to each Mr. I The Dished No case of any public importance occurred to-day. V COURT OF KING'S BENCH, JAx. 21. Sittings at Gaild/wll, London, before Mr. Justice LITTLEDALE, and Special Juries. 11000 AND ♦NOTIIIR, •SSIONEEB Or KENNING V. TREAKE. This was an action of trover, to recover certain bales of silk, and sane East India warrants, entitling the bankrupt to claim other bales from the warehouse of the East India Company, formerly the property of the bankrupt, and which had since come into the pos session of the defendant. The ATTORNEY-GENERAL stated the case to the Jury. Ile Add the bankrupt was a young man who, some little time ago, commenced business in the silk trade, with a small capital. The defendant was the uncle of the bankrupt, and a man of considerable property, living at Ratcliffe, and was a ship-breaker. The bankrupt discovering that his circumstancts were become embarrassed, availed himself of the credit which the occasional loans made to him by his uncle (the defendant) had assisted him to obtain, and got goods from various persons to a very consider able amount—got bills discounted, and then went to Bordeaux, and afterwards sailed from thence to New York, from whence he had never returned. shortly previous, however, to his leaving this -intry, and when in contemplation of taking that step, he bat received from the East India warehouse several bales of silk, all of which he, about a week before his departure, delivered over to the defendant. This was of itself suf. ticient to constitute an act of bankruptcy, and being done on the eve of his abs:onding from his creditors, the laws of England ad kaiged it to be an act of preference to one creditor, and fraudulent towards all the rest, and therefore void, and not capable of truce. ferring the legal possession out of the bankrupt, which now, by virtue of the commission, and the assignment, became vested in his assignees, *ho were the plaintiffs in this cause. Ile should be able to prove that those goods were seen in the parlour of the bankrupt on the evening of the 6th August 1823 ; that they were then removed into the passage • that the porter was sent out of the way, and on his coming on the premises the following morning, the bales of silks were all removed and gone. He should then trace these goods into the possession of tire defendant ; and having proved these tacts, he should, on the grounds he had before assigned—namely, an undue preference given to a creditor In the contemplation of an act of bankruptcy, be entitled to recover back Oche bales of silk, and the warrants, or their amount in damages. Vi'm. Gsdshy was in the bankrupt's employ, who carried on bu. nness in Spitaffields ; the last time hr saw him was last Midsum rrer.day twelvemonths, when he told witness he should return in a week, but he had never yet returned. If persons came to inquire about money, witness was to tell them that the banktupt would be home in a few days. Knows the defendant, who is a ship-bresker, and resides at Blackheath. Some days before the bankruptcy, Witness saw a great tunny hales of silk in the bankrupt's dining_ room • he afterwards missed many of them, and in a few days th e defendant, who is the bankrupt's uncle, ca/led at the house, and asked for the bankrupt ; witness told him he would not be home for a few days ; defendant said, why the man must be marl, for his cart came to my house in the morning, and brought thirteen bales of ailk, asking leave to let it remain in my back house until the next Friday. Witness afterwards went to deferdant's house with the officers, and there saw thirteen bales, which he had previously seen in the bankrupt's dining-room. Cross-examined.—Other things were found on the defendant's premises, when witness went with the officers. They did not at. tempt to take the things away. No papers or vouchers were pro duced by the defendant. Witness did not overhear the conver sation. About the time this took place, there had been coma. derable disturbances between the journeymen weavers and the masters. A Mr. Godfrey proved his going to the defendant to demand the bales of goods, who admitted having had them, but said that he had paid for them to the bankrupt, through whom he had lost a deal of mosey ; the defendant had since proved a debt of 1,6001. under the commission against the bankrupt. A dividend of 7s. 6d. in the pound had been paid ; the money to pay which was raised by the bankrupt being compeled to give up about 14,0001. after his shiest at New York, in consequence of certain criminal proceed fake taken against him there. A clerk in the bankrupt's employ was called—He stated that a dew days before the bankrupr absconded he desired witness to go down to Stamford, in Lincolnshire, and see his friends ; previous to witness going he had handed over sundry East India warrants far the delivery of silk ; upon these warrants one hundred and forty pounds had been paid. Cron.examined—There was a considerable balance to be paid at these India House on the warrants, and it was the custom of the trade that if the balances on the warrants were not paid on the very 44y they became due, never to allow a person making default to dial at the Company's sales again. •Re-examined—Witness fully expected the bankrupt to return, Sail be heard that he was in return-. A witness named Codd proved the value of the silk to be at the time about 2201. per bide. A clerk in the India House was called to identify the warrants, and to prove the amount paid on them by the defendant. It was suggested for the defendant, that if he advanced the ba lance on the warrants, for the purpose of preventing the silks being lost, he had in law a lien of them for the amount he had so advanced. Mr. Justice LiTTLEDALE was inclined to that opinion. Nr. NAAR YRT T, on behalf of the defendant, contended that the telnsactien between him and the bankrupt was not an act of pre. ference, nor any fraud on the other creditors. but a bona fide deal. irg : that the defendant had been in the habit of making advanm to the bankrupt of large sums of money, from time to time ; and that the thirteen bales in question had been deposited with him as a security. He had offered to give them up to the assignee, mixing paid his claim. The defendant had already been fully rwemined before the Commissioners, upon the circumstances now being inquired into, end there was not the least fraud in the whole mosaction. He then commented OR the evidence bf the plaintiffs' witnesses, and insisted that they had altogether failed to make out the right of the assignees to the thirteen bales, which it was now admitted were all they sought to recover. - Witnesses were then called, who proved that the defendant had Seatuently assisted the bankrupt with loans of money; that they he/Learn the bankrupt on one occasion repay the defendant I,OOOL, said had often observed dealings for silk take place between them, and an arrangement of accounts made on those occasions. It was elan shown that the defendant bad proved a very large debt against the bankrupt's estate. The defendant's daughter, Miss Freake, was called, and said, that she had oftentimes known silk brought to her father's house by the bankrupt, anti had seen her father lend him at two several MICR the sum of 1,0061. She thought the last goods were brought abdut the 6th of June, and after her father had lent the bankrupt the last sum of 1,0001. An objection was taken to the receipt of this evidence. Justice LITTLEDALE was of opinion that the evidence meet to be received ; for at the time of the bales in question being sent to the defendant, the bankrupt had not committed any act of bankruptcy; it was theretbre competent to him to dispose of his property even by gift if he thought proper. The plaintiff's could not be placed in a better situation than the defendant would have been in, supposing no commission had issued against hint, and basing once deposited these bales with the defendant as security for advances made, he could not reclaim them without paying the AVM they were deposited to secure, and it was very clear that the defendant was a large creditor of the bankrupt's estate. Slr. IlasayATT then put in two bills of parcels, purporting to he the accounts of sale of about six bales of two or three packages in the month of June, but which he contended were the same goods al the plaintiffs now sought to recover. Mr. 111•Itacarx then put in two bills of parcels, purporting to hethe accounts of sale of about six bales, and two or three packages, in the month. of June, but which he contended were the sante wtods as the plaintiffs now sought to recover. The ATTORNEY-GESERAL replied, and contended that the Gonda now sought to be recovered were thirteen bales, and not six, add which were delivered iu August and not June. The bills of parcels could not, therefore, be for the same bales as his clients were now entitled to receive back from the defendant, and that whntever might be said as to the fourteen bales mentioned in the ledia warrants, he thought nothing could be urged against the plea:tuft's right to the 13 bales brought to him by the bankrupt so early in the looming. Mr. Justice LITTLEDALE summed up the evidence at cond_ ilerehle length. The Jury having consulted together a few minutes, returned a verdict for the plaintiff fur the thirteen hales, but they could DOI assertam the value as they had no evidence what were the prices of the silk in the defendant's possession. tiadsby was thin recalled, and asked whether the silk had been opened before it had been taken to the defendant's ?—1 ' es, k had. He did hot know whether they were bales or pick veg. MiNiWkaza&llll; A diseassios here ensued between the Judge, the Counsel, and the Jury, for upwards of an hour, during which time various pro positions were made for arranging the question, but as many were rejected. His Lordship also again addressed the Jury at great length on the point of difficulty, when it was finally agreed to take a verdict for the plaintiff, and that a gentleman on the Jury, by the name of Smith, who was in the silk trade, to inspect the silk, and decide the quantity to he returned, or what was the value of it, on the 7th of August, 1823, when taken from the bankrupt. NEAT. AND ANOTHER v. ISAACS. This was an action to recover lift!. 14s. being the amount of goods sold and delivered by the plaintiffs to the defendant. The defendant pleaded his bankruptcy and certificate, subsequently to the debt being contracted, upon which issue was joined. Mr. COMMON SERGEANT rose to address the Jury for the plaintiffs, and observed that the plaintiffs were respectable clothiers, in Basinghall-street, and had sold goods to the amount stated in the declaration to the defendant, who was a slop-seller living at Chatham. The defendant had pleaded his bankruptcy subsequent to the debt being contracted, but he should be able to show that he had been previously discharged under the Insolvent Act, and had not paid Iss. in the pound on the debts written on his schedule, and that therefore firi certificate under the commission would not protect him. Mr. Gt• a NEY here interrupted the Common Sergeant, and said he thought it was irregular for him to begin the czar, as the affinna• tier of the issue laid with the defendant. Mr. Justice LITTLEDALE said, it would be better to avoid ir regularity, and that as the issue was with the defendant, Mr. Gur ney, he thought, should proceed. Mr. GYRNEY then stated, that all he had to do was to prove the commission of bankruptcy and the certificate, since the sale of the goods The commission and the certificate were then put in and read. The COMMON SERGEANT—I have only to put in the defend- I ant's runner discharge under the Insolvent Act, in the year 1815. James Treasure, a sergeant in the Marines, examined—lle knew the defendant ; first knew him in 1808. In 1815 he was living at Woolwich, and defendant lodged with him ; in the course of that year defendant borrowed of the witness !IL, and on the following day absconded. Ile understood the defendant to have been at that time arrested by sergeant Brooks of the Royal Marines. Did not see the defendant after till the year 1820. He then saw him at Chat ham, and was certain he was the sante person who carried on busi ness at Woolwich. Mr. Higgins, the keeper of the Castle at Lancaster, was called to prove the discharge of the defendant out of his custody in 1815. The witness put in the original order from the Insolvent Court in London. Cross-examined by Mr. Guast Y—That was the original order sent to me, but I do not know how and from whom it came, be yond what the document itself purports to convey. Mr. GURNEY objected to the reading of the paper. He said it purported to be an order from a Court at London, and if it was so, It could be easily proved by the proper officers or books ; but at present it did not appear that the order had issued from the Insol vent Debtors' Court, and for ought he knew it might nut be a ge nuine document. Mr. PoLLocx, who was on the same side, said, the last Insol vent Act made all the proceedings of that Court evidence, but the Act under which Mr. Sergeant Runnington sat so many years, had no clause to that effect. . Mr. Co st mos SEROEA NT called a Mr. Coote to prove the hand writing of the officer of the former Insolvent Court, to the order now produced. lie also proved the head-writing of Mr. Massey, the present officer, to the certificate of the proceedings under the former Act, which was also produced, Mr. Gumwey submitted that that evidence would not do. The Act of the s:ld Geo. 111. had expired, and the Court which it es tablished expired with it ; a new Court had been created by the Ist of Geo. IV., tinder which Mr. Massey acted, and he submitted that Mr. Massey had no more right to certify the proceedings of the former Court than he himself had. The Acts of Parliament were then consulted, and much discus sion arose as to the construction of the different clauses contained in them. Mr. Cosmos( SELIGEANT at length admitted that he could not see any clause io the present Act to keep alive the proceedings in the former Court, and he must therefore rely upon the evidence ad duced by hint as to the identity of the defendant showing him to be the same person that was discharged in 1815. 111 r. GU RNEY said, he should not dispute the identity, but de pend upon his legal objection, Ilia LoanaHle said, as it appeared to him. the discharge had not been sufficiently proved, and that the plaintiff must be nonsuited ; but he thought Mr. Common Sergeant should have leave to move that a verdict might be entered for the plaintiff. Plaintiff' nonsuited. BARROW V. BELL. This was an action on a policy of insurance, effected on the ship Latona, to recover cf the underwriters an average loss sustained by the plaintiff in consequence of the vessel having been stranded at Holyhead. Alr. SCARLETT said, the facts of the cue were not disputed, and the only question to be decided was, whether the circum stances under which the vessel and cargo had sustained injury did or did not constitnte a stranding ? The facts were these. In No vember, 1022, the ship Latona sailed front Liverpool for Gibraltar. A policy bad been efficted on the goods on board, with a proviso, that it should be free from average, except by stranding. When the ship was gone some way on her voyage, site was forced by stress of weather into Holyhead harbour in going into harbour, she struck against something, which was subsequently found to be an anchor; but no injury was then discovered, and the pilot having brought her to anchor, he went on shore. The Captain, who remained on board, soon per. ceived that she had sprung a leak, and upon examination he found the water increasing rapidly. He then hastened on shore for the pilot, on whose return to the vessel it was discovered that it would be useless to use the pumps, as the leak was gaining on them so much, that the ship wonld be inevitably lost if not brought ashore; the passengers were aceord,ngly gut into the boats, and went to land, and the ship was towed aground. It was then found that a piece of her sheeting had been beaten off: She re mained in the harbour a fortnight ; but havnig been several times very full of water, the goods were considerably damaged, and upon I a calculation being made, the average loss was about 111. 3s. per cent. The question was, whether this was a stranding or not P It had been said, that at Lloyd's there was a very great differed's* of opinion on the subject ; but to him, he must confess, there could nut be the least doubt that it was a stranding, within the meaning and spirit of the word. He remembered, many years ago, he believed it was before his Lordship was called to the Bar (and that reminded him too what an old age he was!arriving at), that a very similar question occurred, which was tried three times before three very intelligent Special Juries, by a person whom the present Jury, no doubt, all remembered, he meant the late Mr. Vawse. In that case the ship had struck moon the rock, and the question was whether that was a stranding ? It was at length decided that it was. He took the law, therefore, as settled according to the custom of merchants, that wherever the ship took to the shore by the perils of the sea, she was stranded. But he was told, that in the cue men tioned by him, the ship was forced on shore ; whereas, in the pre. sent case, she was drawn on shore by means of ropes and boats. He, however, conceived, that it could make no difference whether the ship was actually driven by wind and tide on the shore, or whether by the perils of the sea there was no alternative left to the Captain, but either to ran himself ashore, or be totally lost. He really thought they were exactly similar in their results ; for, in both instances. it was the perils of the sea that caused the stranding. The question was, then, did the Captain bring the Latona on shore voluntarily, without any adequate cause, and merely to suit his own purposes, or did he do it from necessity ? Suppose the ship had not been brought on shore, what would have been the conse. quence ? Why then there would have been a total loss, instead of a partial one. The Captain, therefore, was doing that which was beneficial to the underwriters, by bringing the vessel on shore, and had, by so doing, occasioned only a claim for average loss of 111. 3s. 6d. per cent. upon the underwriters, instead of 1001. per sent., which they would have had to pay had there been a total loss, as there inevitably would have been, had not the Captain adopted the course he did. If his Lordship should think this a question of law, he had no objection to consider it such, but he could not at present conceive what could be urged by his Learned Friend, the Attorney-General, in controversion of a point which appeared to hint so indisputably clear. The policy was then put in and read. The pilot had been examined by the the attorneys on each side, and his evidence taken in writing, which was agreed to be read, and was read accordingly. He stated, that when he went on board, he found the water increase from four feet to eight or nine feet in the bold, and that it was alaulutely necessary to remove the ship, as she was sinking. The ATTORNEY-GENERAL commenced his address to the Jmy, but he had not proceeded far when The Learned JUDOI asked whether it was not a fit question for the Court above, on a special case ? The ATTORNEY GENERAL said he thought so, and Mr. SCA RLETT assenting, It was agreed that a case should be prepared from the evidence of the. pilot, and argued before the Judges in the Court of King's Bench in the approaching Term. —soda ARCHES COURT, FRIDAY, JAW. 21. THE OFFICE OF JUDGE PROMOTED ET MONTAGUE BUR. °DYNE, ESQ. AGAINST THE REV. DR. TREE. This was a suit instituted by Montague Burgoyne, Egg. against the Rev. Dr. Free, Rector of Sutton, at Bedford, within the Diocese of Lincoln and Province of Canterbury, calling on him to answer to certain articles and interrogatories, which charged him with fornication, incontinence, indecent conduct, drunkenness, cursing and swearing, neglect of divine service, and at with converting to his own use the lead over the chancel of the church, refusing the use of the church for the performance of the baptismal and burial services, and with various other acts. The PROCTOR. tor lit. Free, prayed that the Court should be pleased to allow the case to stand over until the next Court day, in order that Dr. Batton, the Vicar-General. and official prin. cipal of the Diocese of Lichfield, might be allowed to have the opportunity of tendering a pretest against the jurisdiction of this Court. Sir Jogs Nicnot. said, he was willing to allow the cue ta stand over, presided that both parties assented. Dr. LusittriGTON opposed any delay. Sir Jon • Nictiox said, the Court would certainly not wait for Dr. Batten, unless it was agreeable to all parties. lie wished to know if any practitioner of the Court could recollect an instance of a Chancellor of a Diocese interfering in this way. Several Counsel said, they never heard of such a circumstance. Dr. JESSE Amami was Maid on behalf of Dr. Free, end con tended that the party complained against was Doc ivmpelled to give 3 I -,_ , THE BRITISH PRESS. any appearance to the citation. The case came on by letters of re quest, signed by Richard Smith, M. A., Commissary of the Arch. deacon of Bedford; and the Learned Counsel said, the question which arose was, whether the letters of request should lie in the Court of Arches, or In the Diocesan Court. The letters of request should have been assigned to the Chancellor of Lincoln, and not to this Court. By the canon law there was no doubt an appeal lay from the Commissary of the Archdeacon of Lincoln to the Chan cellor of Lincoln, but not to this Court. The Learned Counsel cited several portions of the canon law in support of his argument. Drs. Leant xur ox and SIVAISEY having been heard in argu ment, Sir Joint NICHOL overruled the protest, and assigned the party to appear absolutely. HIGH COURT OF ADMIRALTY, JAW. 21. (Before Lard STOWELL. JUDO M EN T.—THE ZODIAC. Lord STovertt said, this case came on last Term, when he re ferred it to the Registrar and merchants to report thereon. 'l'hey had made their Report. and lie (Lord S.) hoped it would not be considered a departure from the general rule if bAtliaaented from them in some particular circumstances. The castivas relative to a bond of bouomry. This description of bond was sometimes occa sioned front absolute necessity, particularly in foreign countries where repairs are done to ships, and bonds are given, which con stitute a lien on the vessel. In former times. bottomry bonds were considered as a lien on the ships until the time of Charles the Se cond, when the lien ceased. In foreign ports, however, it is at times necessary to resort to this :on of contract, and du such cases bot tomry bonds have always bat held sacred. The present case was one which contained some peculiar circumstances, and although his Lordship had examined the ancient and modern writers on mari time law, he had not been able to find one that bore on the present question. The Court had always been extremely cautious and ten der in meddling with these contracts, but it was necessary to look carefully into them in order to see that no advantage is taken of the distress under which the vessel may labour; generally speaking, however, they are contracts in which both parties agree at the time of execution, and therefore, unless the contract be impeached, the Court would not interfere. This ease was said to be distinguished by specialty of circumstances ; one of which was for the services of a Consul. His Lordship did not recollect such an item occurrins in a bottomry bond before, but he was not prepared to say that it might not very properly occur. The circumstances of the case were these :—.The Zodiac sailed from Bristol in 1022 or 1023, with a cargo for Boston, United States, and during her voyage she met with misadventures, one of which was of a very grievous nature— , the death of the Captain, who was also the ywner. He was of course succeeded by the mate, the Captain's natural successor, a person, in many respects, extremely unfit for his situation, as he himself acknowledged. for he expressed his wish to return to his more humble station of mate. The cargo was consigned to Mr. Winslow, a merchant of Boston, who received the cargo and paid the freight, but declined having any thing to do with the concerns of the vessel. The Consul was applied to, and he undertook the charge of her, which be discharged very sedulously. Begot another freight for her to New Bruswiek, and proceeded in her himself. His exertions were testified to by the Attorney-Gen. of St. John's, N. B. as well as by associated merchants, who exercised an impartial judgment on the Consul's merits. The ship at length returned to England. That the Consul was, therefore, entitled to remunera tion could not be doubted ; but the quantum was objected to by one of the parties in the cause. The amount charged was 5 per cent., and it was charged on two grounds : one by a paper called a tariff; which authorizes a charge of 5 per cent. for the care of an in. testate British subject's effects. That the authority of this tariff was did not appear, nor whether it had been acknowledged by any competent authority at home. There was, however, no intestacy proved, and whether the deceased Captain made a will or not, was not known, therefore the charge on the Intestate person's effects could not stand, and consequently the matter of the tariff did not apply to the case. The other ground was, that 5 per cent. was the common mercantile premium for services of this nature done by merchants. Now, that aunt may or may not he a proper sum for the services of the Consul, but it was certainly a very dispropor tionate rate generally, because there might be but slight trouble regarding property of great s slue ' or considerable trouble with pro perty of small value; therefore the five per cent. would be too much in one case, and not sufficient in the other. " I tremble at the idea," said his Lordship, " of making five per cent. the standard sum on property of every value." Now the only ques tion was, what ought the Consul to have for his services? It ap heared that an old paper was found In the ship, which stated that er value was 4,0001. On what opinion that value was fixed, his Lordship did not know, but it also appeared that she had been pur chased by the deceased Captain at 1,800/. and since then she had . been sold for 2, 5261. at long bills, which would bring her under the value of 1,5001 . ; so that how she should be worth 4,000/. in the intermediate time nothing was known, and yet the per tentage had been charged on that sum. His Lordship's opinion was, that she was not worth above 2,0001. at the time alluded to. The per tentage on the value was not a proper way of remunerating a public officer, yet the Registrar and merchants bad so fixed it. His Lordship, after some further observations, confirmed the validity of the bot tomry bond, bur limited the remuneration of the Consul to 1001. LONDON SESSIONS. Yesterday the adjourned Sessions were held at Guildhall, before the LORD :MAYOR, the RECORDER, and Aldermen ATKINS, AINSLIE, and HEYOATE. Afichael Roach was charged with having committed an assault upon Mr. Wood, the proprietor of the Market House public-house, Fleet-market, on the pith of December, under circumstances rather remarkable. _ . . _ It appeared from the evidence, that a stranger went to the house of Mr. Wood, and told him he wanted a dozen of wine, and wished it to be brought to the White Horse Aniblic-house in Holborn, where payment would be given. Mr. Wood went into the cellar, and had the wine packed in one of his baskets, but the stranger said he had a basket, and that the wine must be transferred to it, as the landlord of the public-house in Holborn did not wish that so small a quantity should be seen entering his doors. Mr. Wood consented, but suspecting that all was not as it ought to be, deter mined to follow his man to see the issue. The stranger and Mr. Wood's porter, George Pennefather, went on with the wine, the prosecutor keeping at a distance. When they reached Middle-row, llolborn, the stranger told the porter to wait for a few moments, and le ft him ; and Mr. Wood stepped up to the latter, and desired him to have a sharp 100k -out, and not suffer any one to lay hands on the wine until it was paid for. The stranger soon returned, and accompanied the porter as far as St. Giles's, apparently ignorant of the place in which the White Horse public-house was. At length he entered a public-honse, in which was the prisoner Roach • and pointing to Roach, he said, "There's the man that ordered wine." Nobody, however, offered any money, and the porter refused to leave a drop of the wine, declaring that the ob. ject of the two fellows was to cheat him out of it, and that he would carry it back to his master's house. He accordingly left the place, but was followed by Roach, who swore the basket was his—en (immured several times to drag it away, wine aid all, from the porter, and threatened to throw the bottles into the street, if he per sisted in refusing to deliver it up. Mr. Wood, who had been at a little distance, watching these manoeuvres, approached the two, and told Roach that he was no better than a swindler for en. deavouring to detain the wine. Roach, who had been using the most offensive language in the street to the porter, told Mr. Wood that if he repeated the words he would knock him down. Mr. Wood did repeat them, and was immediately knocked down. The assault was clearly proved, as well as the attempt to de. fraud. The RECORDER was about to sum up, when the Jury told him there was no necessity, and immediately found the defendant Guilty. The RECORDER said there was no doubt as to the intention of Roach, and that he bad conspired with the other fellow to cheat 111 r. Wood. Roach was then sentenced to imprisonment for the term of nin months, POLICE. MARY-LA-BONNE. Yesterday Johlt Cox, a young man, who had been remanded for some time, being supposed to be insane, was again brought up on a charge of robbing a young man, named Clark, groom to Loll. Allan, Gresn.atreet, Grosvenor-square. It appeared by the evidence that the prisoner lodged with Clark in the Mews, and on the last day of December, got up early and broke open a trunk which lie plundered of 21. 6s. in money, a silver watch, and a variety of apparel, with which he was making off, when Clatk awoke and calling to him, asked what he was abort; be answered very coarsely, and left the stables and ran off; he was apprehended the same evening by Gibbs, the officer, who traced the clothes and watch to Mr. Williams, pawnbroker, Chive/street, Westminster, where the prisoner had pawned them. He was fully committed in Newgate. TOWN-HALL. Thomas Phillips, a leather-dresser, applied to Alderman J. J. Sam's, for a w irrant against a young man named Manning, under these circumstances :—. The simple, but kind-heartcd applicant, stated that on Saturday night last, a young man, shabbily dreat, but of imposing address, presented himself at the door of his house and solicited charity ; touched by the eloquence of his appeal, he desired his wife to give him sixpence, and went out on business. On his return, great was his astonishment at perceiving the sante person taking tea with his wife, whom his p:iant tongue had deluded into this second a c t o f kindness; after notate little time, during which he excited consider able interest by his superior manner, and well-told tales of woe, he departed. On Wednesday he came again, and showing them a letter, said he had just received it from his mother, at Dover, who therein desired hint to apply to a gentleman in King's Anns:yard, Coleman-street, who had prom tord to obtain for him a situation in the East India House, and ft rnish him with present aid. Unwil ling to deprive misfortune of succour he, at his request, assisted hint with the loan of a suit of deaths, to appear in before pa tron, to which his wife added the applicant's silver watch, since which they have never beheld him. On inquiry in King's Arms yard, he learned front the gentleman's clerk that he had been there for a few minutes, which he spent in frivolous talk with him as it former acquaintance. The applicant added, that a person whom he suspected to be a confederate, had °WeiA fur five pounds to discover him. Alderman J. J. S 311TH told the applies-t he hoped he would not add another foolish action to the one he had already committed, and ordered Kinsey to render assistance in discovering the cheat, and bring hint before him. The emissions simpleton then left the office, PREVENTION OF d D.UEL. Yesterday a merchant of the City applied to the LORD MAYOR, at the Mansion House, for his interference to prevent a duel which was appointed to take place at half-past three o'clock, at a short distance from town. The parties, he stated, had been long inti mate, and the rupture between them wan of such a nature that all that mutual friends could do proved of no avail in bringing about an accommodation. Mr. Cope, the Marshal, by the direction of the Lonn MAYOR, went to look for and apprehend the parties, who had determined to tight. He returned with Mr. John 'cycle, of the Old Exchange Chambers, in custody. The other party, Mr. John Rutherford, had already left town, he believed to make preparations for the duel. The two gentlemen were described as men of great re spectability, and are both mercantile men, and the dispute between them excited considerable sensation on 'Change, where, we believe, they quarrelled. Mr. Amos, a merchant, deposed, that he believed, from what he heard, that Mr. Tyrie and Mr. John Rutherford, both of whoni resided in the Old Exchange Chambers, were going to fight at half-past three o'clock, with pistols. He knew that the two gentle men had been long friends, and he felt deeply interested for them. He and other mercantile men to whom they were known were resolved to interpose, for the prevention of the consequences which might ensue if the meeting were suffered to take place, and all attempt at accommodation having proved unsuccessful, they were under the necessity of applying to the Chief Magistrate. Mr. Hardy, merchant, of Broad -street, said, lie came to the Mansion house for the purpose of being security the Mr. Tyrie, should the Lord Mayor think it necessary to bind him over as • means of prevention. The LORD MAYOR seemed disposed to do what is usual upon oceasiors of this kind—to take the niece promise of the parties, or either of them, not to parse their hostile purpose : but his Lordship soon perceived that he had to deal with a person who was not to be argued out of his intention. His Lonnsuie asked Mr. Hardy, whether he knew that the matter in dispute was not capable of being Reified by friends ? Mr. !lardy said he bad been with both parties, and with their seconds, and had used hts utmost endeavour to reconcile Mr. Tyrie and Mr. Rutherford, but It was all in vain; reconciliation was totally rejected. The Loan MAYOR expressed his surprise at the implacable disposition which spurned at the interference of friends. He asked Mr. Hardy (telling that gentleman at the same time that them was an obligation upon him to answer), who the seconds were? Mr. Hardy was reluctant to mention names, as he attended the defendant to the Mansion-house merely to bail him ; but, upon being pressed, he said that Mr. Thomas Edgar, of l%iUiter.lane, was to be the second of one party ; and Mr. Berry, of Cheapside, the second of the other. Ile gave his Lordship to understand that Mr. Tyrie was not the challenger. The LORD MAYOR said, that the course he had to pursue was a very plain one—he had merely to prevent a breach of the peace, and he was authorised to demand securities for that purpose. He trusted, however, that it would be unnecessary to do so, as Mr. Tyrie could have no objection to pledge himself to drop the thought of meeting for the purpose of a decision of the quartet by violence. 111 r. Tyrie Raid that it was impossible that he could make any promise of the kind. The I.oao MAYOR—Then, Sir, you must find securities for keeping the peace. Mr. Hardy, in answer to some questions from the LORD MAYon, aid that Mr. Tyrie was a married man, and had children ; that he and Mr. Rutherford had been friends ten years, and that the ap pointment to meet grew out of a few hasty words which might, in ninety-nine cues out of one hundred, have been done away with in a most amicable manner. The LORD MAYOR was sorry to see that so bad a feeling existed upon such slight provocation. He spoke of the strong domestic as well as other obligations upon Mr. Tyrie to end disputes by a refer ence to friends, by acknowledgment of error, if he was in the wrong, or by a Christian forbearance, if he believed his friend to be in error. He represented the impropriety of attempting to decide differences arising out of mercantile transactions by the pistol. Mr. Tyrie was silent all the time. His Lordship asked him whether he was ready to enter Into sure. ties to keep the peace towards Mr. Rutherford ? 111 r. Tyrie—No, my Lord, I shall not enter into sureties. It would be ridiculous for me to do so while Mr. Rutherford has it in his power to insult me. The Loan MAYOR—Then you must go to prison. Mr. Cope, you will conduct this gentlemen to the Compter ; and look out for 31r. Ruthetfo.d, for I shall take care to place that gentleman in exactly the same condition. Mr. Hardy and Mr. Amos here interposed. They represented to Mr. Tyrie me absurdity of opposing the law, antt begged that he would submit to the form, as the penalty of the law would un doubtedly be inflicted upon him if he persevered in his intention not to acquiesce in the alternative proffered by the Lord Mayor. Still Me. Tyrie was inflexible, and Mr. nobler, who said the Chief Magistrate's time was not to be trifled with by gentlemen who wished to introduce fashionable in novations upon Change, began to make out a commitment. The LORD blavoa again asked Mr. Tyrie whether he would consent to enter into sureties not to break the peace? and assured him that if he would make known where the meeting was appointed to take piece, an officer should be sent immediately to apprehend Mr. Rutherford, who shculd be bound over in the same manner. 31r. Tyrie refused to mention the place of meeting. The LORD MAYOR—You may as well tell me, for I declare to you that yon shall not go there. I have too much feeling for your family to permit you to risk your lite for a mere verbal offence. Mr. Hardy said, both parties had carefully kept that from their friends ; bat he did not suppose the information would be of any use, as he had sent word to Mr. Rutherford's second that Mr. Tyrie was in custody. The Loan Alavon, after having given Mr. Tyrie some time to consider, said Well, Sir; these gentlemen (Mr. Hardy and Mr. Amos.) are satisfied to be your securities; are you content to be security yourielf with them, that you will not commit a breach of peace towards Mr. Rutherford, or any other of his Majesty's subjects ?" Mr. Tyrie—To what amount are the securities to be The LORD MAYOR, after having consulted with Mr. Nobler, said, the bail should be proportioned to the exigency of the case. The two sureties should be for 500/. and Mr. Tyrie for 5001. Mr. Tyrie's friends agreed without hesitation to bail him, and he, with manifest reluctance, signed the bail-bond himself, and was discharged from custody. Warrants were immediately issued for the apprehension of Mr. Rutherford, Mr. Edgar, and Mr. Berry. coßoyißr INQUESTS. DIZADFUL Accumers.—On Thursday evening, at nine o'clock, an Inquest was held at the Half Moon, Clipstone-street, Mary-la-bonne, before T. STALING, Esq. Coroner, on the body of Madame Bighicheff, a Siberian la dy, known to many foreign ers of distinction in this country. The deceased had been some years in this country, and had first come here attached to one of the Russian Embassies, and was al lowed, by a Nobleman of distinction of that country, for some years, 121. per month ; but owing to some bad conduct of her own, that was reduced to 71. per month, which she had up to the time of her death. The following was the evidence given : Mrs. Mary Anne Wells, landlady of the Half Moon, stated that she knew the deceased many yearn, and saw her for the last time alive, about half-past eight o'clock on Tuesday evening; the de. ceased occupied apartments in witness's house, enjoyed good health, and appeared between 50 and 60 years of age ; the witness's son served her with a pint of porter, and one glass of peppermint. At about half-past eleven o'clock, the witness was going up stairs to bed, and, as she paned the bed-room of the deceased, she wu assailed by a strong fetid smell, and immediately burst open the door, when a volume of smoke and flame burst forth so rapidly, that she was obliged to run down stairs to save herself ; she gave an alarm, and her husband ran up, and succeeded in extinguish ing the dames, but the deceased was burned to a cinder. The de. ceased had a monthly income, and always paid her bills regularly. The witness believes the deceased got inebriated in her room ; she asked her for a bottle of wine, but was refused • however, a bottle with some wine was found in her room, which she had bought, but had not paid for, in the neighbourhood. The deceased was habitually inclined to intoxication. The bed and bedding were partly consumed. Mr. Wells, husband of lut witness, on hearing the alarm, went up stain, and on entering the deceased's room, saw her lying on the floor, all her clothes being in flames ; the bed was also on fire; he threw a rug on her and succeeded in extinguishing the blaze ; but on looking more closely at the upper part of her body and head, he was horror-struck at finding her btrned to a, cinder; she was in other places also frightfully disfigured by the flames ; the witness found the candle on the table, nearly melted to the end ; the candle. stick was under the bed ; the witness cannot account for the de ceased being in that state or Low it oceured • she might have been reading and her head caught fire; a medical man said, on being called In, she had been dead some hours; witness thinks she wanted the wine to keep a national fast. The Coroner said it was a very distressing ease, but was clearly one only of accident, produced by the indiscretion, perhaps inebria tion, of the deceased woman. The Jury found the following verdict :—" The deceased was ac cidentally burned to death while in a state of intoxication." Another Inquest was held at the Middlesex Hospital, on the body of a young man, named William Hussey. who was acci dentally killed by falling front a house in Park-square, Regent park, while launching a beans of timber or plate from the back to the front of the house. The Jury . found a verdict—" Accidental Death." Another inquest was yesterday taken at the Hole-in-the-Wall public-house, Baldwin's-gardens, before THOMAS 6'l.l*u/to, Esq., Coroner for Middlesex, on view of the body of Bartolomeo Maratha, a native of Switzerland, who was found dead in his apartments at the house of A. Molteno, No. 13, Baldwin's-gar dens, on Thursday morning. The deceased, it appeared, was out on his ordinary avocation, as a picture-frame maker, the day pre vious to his death, and was in excellent health and spirits when he came home at night. The next morning, at a rather late hour, he did not appear asusual, and, the door being opened, deceased was found lying on his face in the bed, the hands fast clenched, and quite stiff and cold. A surgeon was procured, but nothing could he done for him, animation having been entirely suspended long before. The Jury returned a verdict of—" Died by the visitation of Clod." A new census of the people of Turin shows that popula tion has increased in that city, in a ratio eclual to that of London. UNIVERSITY INTELLIGENCE. CAmBAIDGZ, JAM• 21. We understand that the Master and Fellows of Peterhouse have recently augmented the patronage of their College, by founding two Fellowships and four Scholarships, the stiperds of which ;fa to be paid from the proceeds of the very liberal donation of the Rev. Francis Oiaborne, formerly Fellow of that hocivy , The Fellows and Scholars on this new foundation are to bear 0; name of the donor. The Rev. L. P. Baker, B.D. Vicar of Impington and Fellow of St. John's College, has been presented, by the Master and Fellows of that Society, to the rectory of Medbourr.-um.llolt. in the county of Leicester, vacated by the death of the Iter. w: The Rev. John W. ilubbersty, M.A., and the Reverend TGFA Sandys, 8.A., of queen's College, were on Friday last elected Fellows of that Society; and at the same time a petition v as ordered to be presented to the King, for a dispensation to quahry the Rev. Thomas Clowes, B.A. to hold a Fellowship ui the vau lt Society. PREFER3IENTS. The Rev. Adolphus has been inrituted to •he vicarage of Clint. with the Chapel of Worley Regis annexed, i t , the county of Stafford, and diocese of 11'orcester, on the preswa tion of the King. The Rev. Joseph Amphlett, 31. A., Perpetual Curate of W e . hall, and Curate of Kinsnorton, Worcestershire, has becT, pointed a Surrogate for the granting of marriage licences, the diocese of Worcester. SPORTING INTELLIGENCE. HUNTING APPOINTMENTS. The Cottesmere hounes meet on Monday at Uffington Wood, of, Tuesday at South Luffenhaun, on Thursday at Stockenhall, and a Friday at Owaton Wood—at a quarter before eleven. Earl Fitswilliam's hounds meet 0:1 31onday at Walcot, on Tue. day at Thorpe Wood, and on Thursday at Thrapaton Bridge- 4 , 1:n. Lord Yarborough's hounds meet on Monday at Waltham lage, on Wednesday at Immingham, on Friday at Ormsby 3111„ and on Saturday at Wrawby Mill—at eleven. BuRTOX iit'NT.—Sir R. Sutton's bounds meet on 31onday Blankney, on Wednesday at Gate Burton, on Thursday at Braz. ston Wood, and on Saturday at Swallow Beck—at eleven. MARKETS. CORN EXCHANGE, FRIDAY, JAN. 21. Our supplies this week CoilniSt nt li.701) WAS of Hour, 4.G., quarters of Wheat, 2,550 quarters of llarLy, and 20 000 quarter% : OarF„ 13:500 quarters of which are front Ireland. We had no Ira. terial %ariation in the prices of any article to-day ; th e ti ne taken off readily, but the inferior descriptions of grain were %,• heavy sale. [From the London Nes Price Current, Jan. 21] COTTON.—The Cotton market is quiet ; the sales are consic.ir. able, without the slightest variation in the prices. COFFEE—The public sale of Coffee yesterday went off wh much spirit ; the Jamaica descriptions sold freely at prices 2s. cwt. higher, the Demerara and Berbice at an irregular Mime,. meat of fis. a 10s. per cwt. ; the business dune by private contr.tt has also been extensive. There were two extensive public sales oi St. Domingo Coffee this forenoon ; the whole of the sound, in first sale, withdrawn at 605., no offers ; the other, good ordinwy, sold 5135. 6d. a 595. Foreign Coffee is not higher than last week; the qualities which arc advanced are those used for home consunip. tion ; and, as we have stated, Jamaica is 2t., Demerara and Be. bite 6s. a 10s. higher than last week. SUGAR.—The demand for Aluscovades during the week Iss been steady, and the good and tire Sugars are becoming so scare, and the importers hold with such liminess, that the buyers are obliged to submit to still higher prices ; hut, though. the market still looks improving, it is not so decidedly so as to occasion ary alteration in the quoted currency ; no Jamaica Browns offer under 565., the others Lids. The prices of Refined goods continue to im prove, though the business done is not extensive • the low goals continue at arce ; few Lumps are to be seen at 78e. ; for the firer descriptions there is alas more inquiry, and generally the trede looks reviving and the market firm. Molasses remain at 265. fid. Foreign Sugars are held for higher prices, but there are few saies lately report d. Re3l, BRANDY, and lIOLLANDS —The Rum make, after the extensive business lately reported, has become quiet; Ell the advance in the prices is maintained. particularly for proof Lir wants, which are scarce, and the Learest quotation is Is. 61d.a Is. fxi. ; the finer descriptions of Jamaica are not held with d,C previous firmness, they may be bought on lower terms. Brandy is firm ; extensive buyers of the beat marks at 31., but no parcels can be bought under 3a. ld.—Geneva still Is. I ld. a 2s. DESI P and TALLOW.—liemp is steady at 421. In Tall., there is little variation in prices , but a considerable business doing at 40s. a 40s. 6d. SPlCES.—Nutmegs are more inquired after, ss. 2J. a ss. CI; all other Spices are !scary and rather lower. DV Eft 00115.—There has been a great revival in the demarl for Dyewoods within the last few days, the prices are consider. ably higher ; Jamaica Logwoods 81. a 81. 3&. ; Cuba Fusnc 101. 10s. a 11/. FRUlT—There has been a very lively demand for Denial. itt baskets, from 395. to 40,.. ; none remains in the importers' bards. Valentias are rather a dull sale at present. Pulled Turkey Figs, in drums, have been in considerable request, and the purchases made hy private contract were extensive, at a n a d vance o f f u ll a s . to s s . Flat Figs are not so saleable ; in the other descriptions of Turkey Fruit there has been a gond deal done privately at last week's prices. There was very little animation at tither of the sales, except for Pulled Turkey Figs in drums. IRISH PROVISIONS.—Beef and Pork are without variation. Bacon is lower. Butters are rather higher this week, but the mild weather checks the market. INDIGO.—The India sale opened at an advance of Is. 3d. a 2s. on the line and good, and Is. higher on the ()ude, compared with the October prices ; and the market to-day is again 61 advance on t he opening prices. On Tuesday morning, the 4th of January, about the hour of two o'clock, a banditti of robbers, about sixteen in numbei broke into the house of John House, Esq. of Tallagh, County Waterford, plundered it of all the money it contained, together with two watches and seals, and so ill-treated the family that they were near falling victims to their vengeance. Their savage treatment baffles all de scription.—Waterford Mirror. BIRTHS. Jan. fi, at Elgin, Lady Dunbar, of Northfield, of a son. On Wednesday, the 19th instant, the lady of Captain Bider), Hon. Company's ship Princess Charlotte of Wales, of a daughtm On AVedneaday, the 12th inst. the lady of J. Golden, Esq. of Knaith Park, of a son and heir. AIARRIED. On Thursday night, at hi. residence in Hinde-street, Manchrs ter-square, by special licence, Colonel Sir John Sinclair, of Dv:- heath, Bart. to Miss Sarah Charlotte Carter. On the ISth inst. at Drumsheuch House, near Edinburgh, rit David Hunter Blair, of Brownhill, Bart. to Elizabeth, seccad daughter of Sir John Hay, Bart. On the 29th ult. at Mary-la-bonne Church, George Lee, jun. Esq. of Lombard-street, to Hannah Coope, second daughter of John Coupe, Esq. of Le spring, Essex. On the 20th inst. at Greenwich, L. Leake, Esq. of Stoke New' ington, to Mary Aun, eldest daughter of GeorgelValpole, Esq. of Croom's-hill. On the 10th inst. at Bath, Samuel B. Barnett, Esq. youngest son of the late Hon. S. W. Barnett, of Jamaica, to Louisa, second daughter of the late Christopher Senior Lawrence, of Tripo the Came island. DIED. On Saturday last, at Eton House, near Liverpool, Mary, the eldest daughter of Peter Crompton, Esq. M.D. On Thursday, the 20th inst. at his house in Upper Norton street, the Right lion. Lord Herbert Windsor Stuart, son of the late, and uncle of the present, Marquis of Bute. At Caen, on the 25th December, 1821, Major-General Lord Muskerry, after a few days' illness. On Sunday but, at Gloucester, Camline, second daughter of John Wedgwood, Esq. of Kingscote, in Gloucestershire. On the 17th instant, at Hastings, Thomas Wilson iletheringen, Esq. of Waltharnstow. On Thursdai sennight, of a fever, at Eilmaganny, James Bran. of Kilkenny, Esq. M.D. At Smylitun Park, Scotland, on the sth inst. Sir Win. Honey man, of Ciro:may, Bart. At Limerick, Charles Ormsby, Esq. burgess, son of the late AT. thur Ormsby, Esq. and nephew of the Right lion. Lord Viscount Govt. On the 13th inst. at his house in Kensington-plate, Bath. J. Maeglashan, Esq. On the 9th inst. at the Cottage. Llanbedrog, Carnarvonshire, deeply lamented, Mrs. Coldicot, wife of W. Lloyd Coldicot, Esq. one of his Majesty's Justices of the Peace for the county of Car. narvon. She was the only child of Gilbert Coldicot, Esq. formed! Colonel of the South Lincoln Militia, and niece of Henry Dan combo, Esq. many years M.P. for the count!. of York. On Tuesday last, at his residence at Welham, neat East Bel ford, Samuel Thorold, Esq. in the 76th year of his age. He vat brother to the late, and uncle to tiw present Sir John Thowlt4 Bart. of Syron Park. On Saturday last, Mr. Nathaniel Arnold, bellhanger and wt.ite. smith, of Lincoln. His death ass caused by his running song one of the posts with which many or the lanes and narrow pare of New.road abound, on the Monday night preceding: the nigh; br ing dark, and the light of the lamps very insufficient, he struck th e lower part of his body, and lingered iu pain from the effects l death relieved him. _ _ -- WATER THIS DAY AT LONDON DRIIx , E. Morning 1 min. Mkt 4. 1 Afternoon 14 sin. atm 4. Printed at THE BRITISH PRESS Ofsee, by J.W.C.6svior • 18), agand, and published by E. C4lllOll, RIM reelle• „ y ~G re "- , •IBIE r~ • a • , AV; Sir Bart. Jobe H burn Jobs H Mrs. C. A. R. B. G. CUs. g Rev. r Richard Omar , Wm A, GI s,,Cha ?tg. lir. W. Mt. J ohn Mr. Sy k Mr. T. Mr. J. S Mr. T. A Ir. LiH Mr. W. 1 Mr. IC. A Friend M r. T. S Mr. T. 'I A Friend I'. Babin, Mr. John Mr. Tutl , W. Page borougl Mr. Cha. tornuat Bins. %VIII Ifr. Edwa Leicesu Mr. John Mn. Ales ball W. 11. Jnneph Ps T.-Pares. „Maori : G A Friend 31r..1. WI 31r. R. Hi Story Mallow At r. Newts rough J. Yardley Isaac Clarl R. P. alubaarip of Messrs. Sir 'Urban Sloan W quhar, and ber, sod C Mildred's-1 OY A A The Me TURES w two o'clock Season hay On GE( and on the WILLIAM burgh, Pro mence on S to be rul: hour, till ft On the I Manufactu Sec. Astrot atitution. at two .o'cl Thursday. On CO3 on the Ph February, succeeding On the DOM, con and Birds. species. I MONISM gularly con of M onday On the 1 Matemrs 3fareh, ant; rill further On POL Medical Jr, commence continued c when the C On Air: in the Ucit. SEELL street. to clear off I article full cured for. The folio the Public, NAPLES ' black and c shade, fron botuba.ines is. 9d.; at Nee veils, f cloaking.. with ever% The who mouth, and The Leas ~_i_ 1 . ) • = ►~ • rimira