The British Press; or, Morning Literary Advertiser. — London, England, 1805-11-27 00:00:00

LATF IYTFIT MENC&. mmordialmen COURT OF CII V.:I.:MY, :4J. 26. WITT EC V. WILLIAMS. To this case, which our leaders will recollect to have been frequently before the Court, Mr. RI. CHAIIDA prayed his Lordship for a decree in Le your ot the 'defendant. la a speech of neatly two hours, he went over all the material circumstances of the ease, and represented his client as a young man. the nephew, heir, and representative, of Mt • W. White, whose West India estates had been, for six and twenty years, in trust with the Defendant, for the payment of his debts. This young gentle man, on coming of age, very reasonably thought himself entitled to call for an account of this trust ; but the trustees, instead of giving him an opportu nity of examining the books, refused to let him have a copy of them, but at his own expence, which he was not in a situation to afford. He dwelt, at con siderable length, on the interest the trustees had in keeping this property in their hands. One was a banker, and was supposed to have kept considerable sums of the trust-money in his hands. Another was a sugar-merchant, and took such consignments as he pleased, for himself, instead of offering them for open competition. A third was a man of great eminence in his profession, as a lawyer, and afted as law•solicitor, as well as trustee, un.ter the deed, by which his hill of costs amounted to considerable sums. When the Plaintiff applied to these gentle men, they warned him against the enormous et penees of a suit in Chancery ; and, at the same time, took what should seem the best means of pre venting him from having recourse to that remedy, by stopping the annuity of 4001. which they, through a course of several preceding years, had paid for the subsistence ()Ibis mother. Under all these circumstances, he hoped his Lordship would make a decree by which the trustees would not only be compelled to render an account, but also to aff'rd his client the means of prosecuting, with effeet, an expensive suit, into which they themselves had driven him, and to pay up Mrs. White the ar rears of her annuity. The Loan CHANCELLOR —a I shall give jut ment in thi' case, on the second day after the seal." In the course of the proceedings, while Mr. Alt ns was in ging the propriety and justice of the trustees giving an account of the money paid for in surance of cargoes, the Loan CHANCELLOR used these remarkable expressions: " I nrider.tand, that the Court of King': Bench has held, that if a man be liable to an aetion, or arrest, for not making an insurance, he may charge to the amount of the pre mium, whether the insurance was made or not. I mi_tht have been misinformed; but. if that Court has deterrnin.Al it so, it is, to me, a most surprising decision." lit j. ight ILIA 'lli 'irk Ad. ent. aim be one lon. en)„, by the •p. chi thu r)m era r LT. red r of 110111 rick the •q COURT OF KING's.BENIII, Vtrasrmtvercit, Nov. 26. Tilt RING N. LOWTHeIt, KN. • The Defendant, in this CAW. who had been con *idled of writing a 1-tier to the Magistrates of the Chtinty of (docks, tending to libel and vilify their charaders as Just;res of the Pelee, and particul trly mentioned in our paper of Friday last. was this day brought up f u r final judgment. Mr. Justice Gaon, in pronouncing the senten-e of :he Court, animadverted. with great severity, rot the condo& of the Defendant, through the whole of this transaetion ; who, from his rank M life, sod being once a Member of Parliament himself, should have been better acquainted with the deference due to the m igistracy of the country, and one of the last men whom he could suppose would be guil'y of such a violation of the laws and constitution of this kingdom. After adverting to the se veral prominent circumstances of the 'cage, and the necessity oaf a due tespeet to the ma gistracy, the Learned Judge concluded by observ ing, " But the letter complained of 'vas written by you, and undoubtedly is considered by the law an offence It imputes to the Magistrates a want of ability, or desig , ing, under the cloak of magistracy, to give you a personal offence. In mitigation of punishment, we have been told the awful truth, that man is stilled to error, and that you are but a man. We all know, in some cases, a delay of jus. tice is equivalent to a denial ; but of what infinite importance is it to mankind, to proted Magistrates, who give up their rime for the benefit of the public. Our endeavour must be to teach men the necessity of obeying the law, and the persons who are the mihisters of it, that reined which is due to them ; and to proteft persons, who, without any emolu ment, give up their time to the public gond. Im pressed with these sentiments, and wishing to make you sensible of your error, the Court. do order and adjadge, that you pay to the King a fine of 1 hOl. and be imprisoned until that fine he paid." This penalty was immediately paid by the De fendant, And he was discharged. Tile RING a. Y N CI INT DOkilelt, A criminal information had been filed Against the Defendant, for sending a letter to the Prosecutor, Robert Knight. EA. (his brother-M-law), in order to provoke him to fight a duel. The Defendant suffered judgment by default, and upon motion of Nit. %V , was this day brought up for judg ment. The affidavit of the Prosecutor, Mr. Knight, set forth, that in the year 1791, he interm a r r i e d w i t h F. Dormer, one of the daughters of Lord Dormer, by whom he had two daughters, the elder, now about 11 ye.,rs of age. Having some reason to sniped his wife's fidelity, but unable to discover, at t h at time, soy real proof of her criminality, they ruled ; yet nhiwithstanding this separation, his affedion still contiatted for her as strong as ever, he made a set tlement of :30001. and 8001 per annum upon her, and, as her cruidutt to the world still combined pro per, he permitted his children to remain under her care. In the month of Oflober following, he ish reived a letter flora the Defendant, informing him, that he was to leave Grove tare, on the tollowing d.ty, in consequvoce of his rea'incnt being ordered Itom Dover; mating that he was under some dis agreeable pecuniary en.%artits,roz•nts, and apolm4is ing for requesting elm tr, join in a bond for 30hal. The Dermoent ar!.. 'X 414, received another letter on the sante subjed, is consscluence of which the De fendant called on him. 1 hey were, at that time, strid habits of intimacy as.d friendship, nor did the Defendant itiodwe my blame sh at , ..ver to this I/- ph:lent, with teepee to his cmiutt towards his wife. ,Sonte tintd-After, the Dapenent platted biaigdest (taught& at Mrs. Piece ' s Bo ar din g S c h oo l, and lately having obtained sufficient prdof of his wife's comma W m ; infidelity, he deittrisined to commence a civil ion against the {ashy; and, under these circum stances, thinkin4 it improper that his wife should have access to his eldest daughter, now at such an age that she might imbibe improper l and immoral notions, by a continuance of any intercourse with her mother, he gave dire&'Uons accordingly; and having taken his second daughter away, he sent Mrs. Knight h letter, inclosing a bank note of .501. as a compensation for die board of the girl, which letter was returned to him unopened. About this time, on Tuesday - , the eeth of November, 1804, he received a letter from the Defendant, dated from the house of Mrs. Knight, nearly in the following terms : " Ilow, vet imprudent my sister, Mrs. Knight, has been, I ran now inform yon, her cooduft since has been shift'' , carrel in the eye of the world. I beg to declare myself her Winner, sod Awll give her all the 5441.4(41103 in my power ; your treat. meut of her is unbecoming a geOlth . Man sod a man. You are now act:palatal."( with my sentiments. I shall !rave town this morning, but am to be found at Kirkmaii s Hotel " j E. P. DORMF.R " This letter the Prosecutor thought was intended to provoke him to fight a duel ; and, circumstanced as he then was, he thought the wiser method would he to apply to this Court for redress ; but, before be had done so, he received another letter trim the Defendant, nearly as followee " Since a oar are detemined to coinntence a criminal. prose• eution against nit, I :ieg t., hat the Court know my pre+ • it 0001011 of your character, that of bein g a coward, a liar, Rod a scoundrel. (Signe') "E. pretotee." Considering the last letter as an aggrasetion of the Defendant's former one, and it evidently ap pearing that it eves meant :o cease him to a chal lenge, to fight a duel, and commit a breech of the peace, he immediately applied to this Court, rid a criminal information was gra::t-d. Tee affidavit of the Defendant, in a:toffee, stated, that he was tineb"e to defend himself sufficiently to his satisfaction, as there were some mean:stances relating to the case, which could not, web pro priety, be laid before the Court. He admitted he had written those letters under g' eat irritation of mind, and upon the pressure of the moment, for which he expressai greet contrition and serrow, and declared most sincerely fei did meaitthe slightest dist - eyed to the Court. Ile further stated, that he had tl:e honour of holding the commission of a Lieu:tient in the 14th Regiment la Lteht Dragoons, now under 'eiders for foreign service ; and any imprisonment at this time, would be highly detrimental tai him in his present situation. Mr. EASKrvt, Peelle prosecution, observed, how much it was to be lamented, that be'ween such near relations. one of them /should he obliged to call upon a Court of Justice far assistance What eri tetion, and what presine of the moment could have induced the De.endant to write such a letter ? The affidavit of the Defendant was an aegraeetion of his offence. lie Jid not choose to disclose the Cause of his irritation; and w mld their Lordships accept of such an excuse? or was it any Answer to t`e affidevit of the Pros cuter ? He concluded needs , - • imieg, he hod no disposition to oppote any lenity the Court might be inclined to chew the Defendant. lift. Oatmeal , and Mr. W A %RCN followed at the same side, at some length ; the latter Cientlenien maie several observations, in reference to 'Tsking the first apelicatiou for an information ; he said, the Prosecutor was inclined to forego all the miseries of his situation, and meet the Defm lant upon his own terms, that he might have a ell ince of ending all his cares; but a friend happily interfering, per to riled him to suppress his passions, and adopt the more prudent plan of applying for relief to a Court ; of Justice. With respeet to that part of the Des fendant's affidavit, relating to his regiment being under orders for foreign service, he trusted His M ijesty was not in want of such Officers ; and he asserted the Prosecutor's right to call upon a Court of Justice for honourable revenge. The Soticeroit-Oesi en AL, for the Defendant, observed, it could not be said, that this cause had no', been heard in the extreme, nor was his client at all spared by Mr Knight; and he almost believed, diet gentlemen's spirit had been infused into his Cow.,el He agreed in his disapprobation of the contents of the letters written by the liefeudent.— lie did not know why the fist letter was introduced in this case ; but it was self-evident, that something must have occurred between the writing of these letters, which the Prosecutor had not chosen to dis close. An attempt was made to insinuate, that a collusion existed between Mr. Dormer and the gentleman who had injured the Prosecutor. That cause was set down for trial, the learned Counsel bee the honour of holding a brief in that cause, which he burned to state to the Court and Jury ; but the record was withdrawn; and, therefore, it something had not passed in that interval, it could not doubt. d that there was reason for the conduit puisuial by Mr. Dormer. He regretted that the Defendant bed written the tenet in question, and his iseieg Counsel for him, and even his duty to his ceent, wonld not prevent him from saying these letters were improper. Some punishment most ne cessetily be infleted, bet, he trusted, the Defendant would not be sentenced, as it in cullusion with the gent& man lie Abided to. Mr. GARKUVV, on the same side, thought that mien atonement had already been received, in bring ing the I refendent before the Court, and he was sur poteing was more gratifying to this Prosecutor, than an oppettunity of stating to the Court, in his own lenemige, the circumstances of this case The Defendant stated, that there were circum stances ef his defence he could net detail, hut the Omit might presume what those were. The Pro secutor cal rept' sented, that a friend had advised bins 1.1 coininence the present prosecution; he wished to ,;od he bad suggested to him the agitation of an affeetionate brother for an injured sister, instead of advising now he might apply fur a criminal ie. forme:ion. Their Losses:lips, he trusted, would nut believe he meant any disiespeB to the Court, in his last letter. Tee cit:tee:tame, it was remark* de, hid occu re I a long year since, and it was worthy the c:msideratlon of* the Court, that no new provo cat on ha I. ever slice taken plA.:e. the person of et . Knight, or the public, he was sure, was in no and he hot:A his semi would never be di ..us., but in the service of his country. Mr. :elegem VAUGHAN, on the same side, said, that every tope en the subjeilt had been exhausted ,• y his teamed niskssityiritis A hitch eloquence and Kessioa, as to leave histr&oppoitsoity of making I new obgervations. i Lord . Eit to eon ode it.— ,, Let the Defendant stand committa l :in.' be brought up on the last day of Term." THE KING V. IA I.Plf SHELDON', eeq. This was a rule obtained by Mr. EIS/EIKE the first day of this •rerm (and fully reported in our paper of the 7th inst.), for a Criminal Information against the Defendant for writing a letter to Thomas Dickies, Esq to provoke him to fight a duel. The SoLiciron.Ge a neat. spewed cause against this rule; he stated, that the It t:er in question had been written in a moment of ;!cat and irritation, under the impresshe: of an insult intended to be put upon him by the Prosecutor,, Mr. Disking. It appeared, that Mr. Dickins had rode through the avenue to the gate leading into the high r .ad to Chiswick ; and, finds, :; it locked, I.e sent his servant forward to a neighbouring cottage to procure the key ; but, growing impatient, and finding the lock easy to be opened, he called to a mail passing by with some horses ; he got him to yoke them to the gate, the top bar gave way and broke ; he again yoked the horses, and broke out a second bar ; end persevered in that manner till he could let his car riage through. By this time, his servant returned with the old man who kept the give; the latter expressed a hope ha had not broken t. e gate, wen the Prosecutor seemed to exult r: what he fad done. He gave sixpence to the mall who assisted with his horses, situ' telling the boy who also helped•him, that he had no hallpt nee about him, desired him to take the broken gate• for his trouble. This, the Learned Counsel contended, was, to be sure. a very gteat provocation. The road was a private one, be longing to Mr. Shield in, through which he used, from courtesy, to permit Gentlemen's carriages to pass ; the high road was round his inclosures, and well known to persons frequenting that part of the country. This road had been repaired, from time •immemorial, by his ancestors and himself ; and was always considered orivai- property. Mr. Gomm, shortly followed on the same side. r•fr. ERSKINE spoke at length in support of the Rule. Lord EL tessowneoit thought it impossible, in this case, nut to make the rule absolute. He hoped. f swever, that Mr. Sheldon would let the granting this rule be the last of the business. COURT OF COMMON PLEAS, tam tn. The Court did not sit this day until a late hour. Sir JAMES MANSFIELD, and Mr. Justice H►ArN. were absent. BLENHEIM v. witireneno. Serjeant BEST, on the part of the Defendant, moved for a rule to show cause why the proceedings, no the warrant of attorney, obtained by the Plaint iff, should not he sot aside The motion Was gratinded on the Affidavit of the Defendant, which stated, that he, being in distress for money, went to the Plaintiff, and asked him for the loan of 701. The Plaintiff told him he would net lend him 701. but, if he would give his bill for 1001. he would let him have the 701. in cash, and the remain ler in goods. This proposal was gladly accepted by the Defendant, who gave his bill for the 1001. at two months; and, as a collateral security, he and his brother executed a warrant of attorney for the amount. When the bill became due, it was not paid, and the Plaintiff instantly proceeded nn the warrant of attorney. •1 h' affi ',twit also stated. that a moo extravagant price was charged for these goods, which, on examination, anpeared to he damaged. The beamed Serjeant, from the statement in this" affidavit, hoped the Court would grant his rule; the antra f, on the part of the Plaintiff, being evi dently usurious. The Court granted the rule, and ordered the proceedings to be staid, until cause :hewn. SAYS V. BRIDOES. Serjeant WILLIAM. moved for a rule to thew cause why the proceeding.: in th's case ►Mould not be set aside, with costs rite Learned Serjeant stated, as the grounds of his motion, that the De fendant had been arrested, in November last, at :Southampton, and being unable to pay the debt and costs, the Plaintiff agreed to stay proceedings, and take his bond for the remainder of the inoncy due, provided be paid bun down 201. to be deduaed from the debt, and 31. to be taken from th costs. Phis mo ney was accordingly paid on the 4th of November, and, on the 16th, the Defendant iir .ught th.• bond t. the Plaintiff's attorney, for the remainder ..1 the money due ; but the attorney refused to accept it, stating, that as he had ►taid away so long, hr con ceived the compromise was void. and had therefore filed the declaration. Search was then made at the proper office, but the declaration had u:•t been filed until some time :After. This application was there fore made, and Serjeant WILLIAMS submitted, that, as the interval between the 4th and 16th of Novem ber wall Si) short, and as the declaration at that pe riod was not filed, he should take the rule. Mr. Justice Roosts observed, that the attorney's costs was the cause of all this, and instantly granted the rule. S=fernSlt Counsellor Hostray, the husband of d» late Lady Cu A SLO r T E Ho airsy,was also her first cousin, being the son of the Rev. Mr. lions sr, and Lady Luc v STANLEY, sister to the Earl of Dam, to whom the Earl, her Ladyship's father, presented the well. known refory of Winwick, the riche , t in England, being valued at upwards of fi,oool. a.year. Friday last HENRY BEARD, Esq. JAMBI Mama, Esq. 3IMIGEOUGE DONOVAN, Esq. were called to the Bar, by the Hon. Society of the Inner remple. On Friday, a► Mr. J. Banns', of Deice larva, Kent, was shooting, his gun burst, by which acci dent his left hand was dreadfully lacerated ; hopes arc, however entertained, that • cure will be effeaed„ without amputation. A duel was intended to have been fought on Mon day, on the liarrnw Road, between two Gentlemen of respetiability in the City Information of the ha, withant mentioning the names of the parties, .was given at Marlborough -,tree. Pnl•c: Odke. Some officers were dispatched for the purrs.: of prevent ing a breach of the peace; but the intended com batants were scary, and walked off %Wenn attempt ing to fight, or even producing a pistol. '~ I PoLiit. • Con-STII etT. We stated ofi Saturday, that .1' :m-s !;amount, .1 4 1110 P'il l etto and Arh James, were liberated by :' , .1 r. B.D.si- end Sir WIC I NSONS, or: Friday, in consequence of a failure in evi.lenee, to prove them concerned in picking the pecket of Mr. Treclaway, a farmer. of Harrfield; near Uxbridge, !011ie he was looting at the old trick of pricking in the. Kart tr, at King" stop fair. They attended at die Office yesteralay,, when the mute; tippets, and fur Rimming; found at their lodgings,were recognized 13 1 , M eyer and Pooch. in Fetter-lane; the trimming they identifictito be, what they had sent in a box, by - Simpson'. waggon, to Gloucester, 'en the I.ith 4 lait mouth. It leaf likewise recolleated, - that Mr. Allgood. to whom the box was sfireBed, bad writtA,, thet he had nor ti t i• ceived it ; arid, on enquiry, it smut dlsCorered • ' this,,, : the waggon had been robbed. - The Prisonets Watt committed for further erarninatiora malcioaouost.srarct.%is.. Yesterday, a Gentleman preferred a complaint against the driver of one of the Kew stage coishes. for impeding the passaga sear the Wilte Mrs: Cellar, by placing his coach alongside the fitot pavement. ' . . The Prosecutor stated, that he had brotight t . Defendant before the M A O is re, in order to coma tea an abuse which exi st ed, to t h e anno y ance of tbs. public ins-general. T he nuisan c e . vas so great, th. tne Complainant haie' leveret times been stopped his carriage, as well a; others, and font passengers . were conliouilly annoyed by the number of the s'..ort stage-coachmen, who continually assembled topether in the foot-way. ,i The Maoist a Ares observed. t i nt t h e fi nes fa4lo this growing evil had been n u mb er l ess , sa d yet chit- .. praCtice was continued. At the interference of the Prosecutor, the Defendant was fined in the mitigated penalty of I 0;. p .rt of which was return-4i to him. on his promising to cnrrett the abuse r,e 11 , iusekeeper of a lady of rank. in sl4 lll llPrt street, was eha ged with cuahezzlingse s ,ms of m0i , e..., victualed to her to pay trade& en's bills. S,ie was remolded far saother tosuid.. I n :tion. • .9 ~j At a Pent Assembly, in Dablist, on Mesdey eels . night, an Address to His Ntv:sty was resole. el upon by the Sheriff assembled in the Commons, me_. the late glorious success of his arms. A melancholy circumstance happened on day last, to Mr. Baths, game.ke-pet to the Rigfit Horiourabio Lord icings., at his Lordship's Pare. at West.dran. Sussex. Being in pursed...4i some poachers. he called out, wh-n one of them fi.ed, end lodged the contents in the body. of tr. Basta, which unt .rtunately caused his instant death. The grand boxing match between Jew and the Game Cfiians, will take piece on F riday w. se'nnight. .1 few m i l es on t h is s id e lboiceviter. The odds are in fay, fir of the Chi e ken. P r i o r t o this contest, one between two Bien of inferior e take place, nearer town. The consesetate are O'Dovoiri, of pagihs6e nometiety, endive'''. a pi di. terer, who, it will he reenliitOod, bienthisoppnanat in a casual rencontre, some time since. trittereef is a scientific man, but he he. penned himself% 'Our s and no tiller coneecinestly-tlee eddy sue *ilea him. On Tuesday evening Last, •about seven •' the warehouse and wotk.hnps or Aimee Co. woolstaplers and yarnsmannEtio nett bottom of Westgate. Wakefield, seem f tee be on fire ; and, notwitostanding the readiness ales" alacrity which people of all ranks and descriptions ;hewed to render their assistance, as wet as the alarm was given, the premises .see., in two hews,' entirely burned io the ground. •! . .!e fire val. !nevi.' dent ally, prevented from enmmunic.Wrig to the neiglibaurin,.; premises. the property., Messrs. R. and Co. was insured. On Wednesday evening, about half 0 , 13 a mu o'clock, the extensive ClothisMill. at Armies, near •: Leeds, the property of BIM./ tr, Est. was is. covered to be on fire, and, at two o'cli.-ek in 'the morning, the building and o'oleitiraery were entirely destroyed. By the glen eriertions of the legion, eers. and inhabitants fit Leeds. and the villages, the corn-shill, and biti:elings adjacent. wee ,reserved. We hear that Le whole of the property .as is insured in tha San And !Loyal k-zehango Offices A most daring rethbery was committed o the eceni. , g of Saturday last, in .he neighboo.ho. d of N...vrtattl-. A young ma.t, namd tor at so, ern ve upon one of the conien.s belonging to the .vlarquis ot Lorin sit, rseettred a letter in the tore. noun, desiring him to come to N , battle, a. seen 0 ;c1I)Ck, at night, Wth w At money he had colleztA daring. the w • It. the let: r, it a , pears, wis a tan ; f r, upon coming to tne head of then..th. Cllbln I 140 was seized by some who bound him hand and foot, and i-d h;sn tip s tr.te. 'Grey then rifled his pockets, and ~ k tr,,m him 401 ster ling. The poor man must have perished, hail it not been fo. some c r passi,g, who, heay.,,g him crying, liberated him. He had hung rout ra hour. Yesterday after noon, the remains of Mr. Fir me, the King's coachman, and Mr. Poore s, his state were interred in St. Martin's bur);ng ground. The former's pall was held by six coa.'ll. , men, and the latter by six grooms. 'rile whole of Their MAJLSTIIe livery servants who could be spared from their duty, followed in their state live. net. F R , R , was 59 y ears of A i r, and lad been SO years in the service of His MArzor Y. The most splendid spetnacle ever opened, is at Pt,,. Coca's Royal Menagerie. Ere 's •:ange. that spacious building being compA , ely filled wi t h t he greatest num•wr of rare and beautiful living Foreign Beasts and Birds ever seen nigether in .Sur. .e. many ~ f them to be found in no other Cully tt , ss whatsoever ; and the whole so strongly swirled, that the slightest acciderd cannot possibly ha ~en. For t:,e information of the Publ;e we insert the list of a smal part of this truly adm'rable gel. ros e viz. the stupendous Elephant. nohie Linn, with his Lioness, Bengal tigers. Pantfers, American Lion, wrh his Li mess, lit inns, Be 'vers. Kangarnas, those gigantic Birds the Cassonarys, front nd the South Seas ; with numbers of other Qu tdra. pods, cad Birds, from different pa, of to We have thersTnre no doubt but eery vio or :a rho Royal Menagerie, Exeter 'Change, anand, wall return pettedly satisfied.