The British Press; or, Morning Literary Advertiser. — London, England, 1806-08-19 00:00:00

717"' LAP . INTELLIGENCE. (BURT OF CHANCERY, I.m:out's-Ins, linsurr 111. Afore the LORD HIGH CIIANCILLOR, and Hi s H o . sour the MAstea of the 'ROLLS. •JaCILL V. MACNAMAKA• This being the day appointed by the Lord Chan cellor for pronouncing the final judgment, in this ease, his Honour the Master of the Rolls, who tried t h e caus e along with the Chancellor, attended for that purpose. To go Into a general statement of the various transatlions between these parties, or the arguments of Counsel on both sides, would greatly exceed our limits; hut we think it neceseaty to give a short sketch of the case, before we proceed to state the final judgment The Plaintiff, Frances Purcell, spinster, by her bill charged• that she, together with Margaret and John Put cell, were the only children of john Pur cell, Esq. deceased, late Deputy Governor of the Island of Tortola, who, being pesse.sed of consider able estates and property in that Island, devised the same to his son, John, for life; and, in case of lawful tsetse, in fee, but, in failure of issue, to go to his sisters fot life, to their issue, • or, in case of fail ure of issue, to them in fee. He also, among other things, bequeathed a legacy of 14..1001 to each of these his daughters, leaving Dr. Mecnemara, the uncle of the Defendant, with other Gee tlemen, his ' executors, and appointed the for mer gentleman the' gUardiati of 'his said child., ten, then minors. Upon the death of Dr. Mac. ; samara, the resent Defendant, from his inti-s micy with the Purcell family, became the manager ; of their fortune, and rrenseeled all their business. The bill further charged, that the son, John Purcell, who is since dead, being a young man of very weak intellects, and imbecile habits, was witch inclinvd to folly and dissipation, and was pa , ecielerly partial to the use of spirituous liquors, in all a hich he was in dulgiA and encouraged by the Detendaer, who ad. 'sliced him large sums of motley to setisty his dissi pition and extiavagance. till he became so habitual drunkard, that to this his death was chiefly attri butable. He had married very young, hut had no ehildren, and was cepasated from his wife till his dea:b, when the estate became wholly vested in the Plaintiff and . her sister: I'he Defendant also ad vanced sums of money to vie Plaintiff and bee sister, but nothing like what was stated in 'hit icecastts. The bill farther charged, that Defendant's payments to them were in such Mall and scanty sumo, as were scarcely sufficient to support them; and that, by threats, and keeping dolt in a stets of absolute want and misery, tie Gardoltotly compelled them, at different times, to execute &eds. by which he not only secured to him self the sums be had advanced for them, but bound them to_ guarantee the payment of the several sums be had advanced tothely brother to feed and support him in his extravagance and dissipation ; and. in the end, prevailed on them to make a' absblute convey ance of the vehole of their property to him, by which they became entireily dependant upon kis bounty, and were reduced to the utmost Want and misery. The hill, after various other charges relating to mu tilated books of account, and alleged fraudulent demands against the Plaintiff, prayed, among other things, that these deeds should be set aside as frau dukat that an account might be taken before the Ma r. &c. Dakeldlaat's answer to this bill contained an et wises trassaetions between these parties, stating that he was their only friend and pro letter; that their turn for extravagance and dissipa lien WAS without bounds; that he edvanc id large sums of money to them nut of his own pocket, mere ly through friendship, end frequently to rescue them frour a prison, where their unaccountable extreva hgame would constantly have plunged them. but for is kind irterference. Tee wnele of their prtyiity was valued at about 30,0001. need it wohld be s , !•:n, upon al investigation et tee a: venire that he lied silsseced t • them upwards of 41.,00 1 0'. and leaving a large handy of les van, he teat it his duty to secure the ref eyswnit of those advances; amt, ender these eiteurratances, the deeds in question were executed. Me denied fraud. railluvon, eke &c. 'lbis cause went through a very long and able discs-sinn before the Late Lord Chancellor IF.ldon) *tie after laming been occupied fei same days in hearing Ceunsel on both sid s, decreed that the deeds should all be set aside, t ..t an account shoild be taken before the Mister, sic. ate ilk.. A very fee dill after the present Cieeiceilor first sat in Lin co!n's inn Hall. a Petition from the Defendant was presented to hen, praying* to-heating of the Cause, and it again clime beim. the Cows, %hen the Lord Chancellor called u ien the Mister of the Rolls, for his easitance, an several days hail; taken up in heating the SolicittraGene al, Mr. Flarr, and Mr. t 1 gar. f the Plaintiff, and Mr. Fonbi.snquc and Mr. Thompson. fur the Defendant, the InrA Chan teller appuinted this day to pronounce final jadement. The Meri of the Rot es, who first proceeded to give his judgment, observed, that, after the able discussion which this question had gene through, by tee gentlemen of the bar, be did not think it neces sity to preface his opinion with many observations apes the various traileactions between these parties. The Plaintiff, Frances Purcell, had, by deeds. pledged er conveyed the whole of her property to the Defendent. blecria.nat this was elf& td to hive been done io seeLfy a large • deet. laid tr, be due to the Defendant; by her bro ther, heisel,f, znd her sister Maiga:er. It appealed, that hut a small part of that debt was due by her and ter sister, but chiefly consisted in advances made to het brother ; and to pay his debts, terteitily did not et - include the validity of the instrument, as against her; nor was ie binding on her, except as to that past of thi debt 'disc by herseit. It was said, that these deeds ;sere obtained by an abuse of coo pence, and in breach Of the situation he stood in to ▪ the • relative situation of these parties to each e;her, u All to be collected !tom the edmi..ion 4 1 biid.g4,rt Purcell. and from o th er Lees in the us-. At the time of the death of lat. Macnernara, I lan Defend a nt 'e l k u p on him the gtardienseip of knis'n , • ; a great degrce of intimacy fork pl ice, le ;re; red them with confidence and lei-nslsn;p, and astiated tamto t, e turn tut at his abilities. lte ae Dafesdent, said, he di' 1 a ir ko.ser they had met cabernet friend 4 this eon e•re. tut h:eseilt ties w e - 01 11 d ISM * ink `4ll ;bele Zeit • •• endi ela n their . : father's death, he was their only relation and friend He represented them as silly women, so illiterate as hardly to be able to spell ; their Mother, a weak man, who had a turn for extravagance and dissipa• tion, and lie certainly would have been a very im proper guardian to his sisters. It was evident Ise never could have made the estate a valuable secu rity, and they s'o'd rathtr in need of ptoteCti-n against him. In 1;76, toe Dilendant was invested with the agency of this property : and time chewed what implicit confidence these parties pet iii him. The situation in which the D-fendant was placed by the first deed, was rather an unusual one, and he was made a party for an unusual pur pose ; lie having nothing at all to do with the sith jrst of the deed, became the middle-man between the owners of the estate and the inLumbrancer ; covenants are made hr him as well as John Pur- cell ; and lie is to g t discharges to himselt, the snrolui being paid over. A power is reserved to John Purcell, to appoint a person to receive and Put ; but either by design or accident. n s such power is reserved to his sisters, who only could re ceive their surplus frem the Defendant, and nothing from M:. Grant, the incumbrancer, in Tortola These sums were to he paid to the Defendant, for some risen to be aponinted by John Purcell ; and this shewed the implicit cre:fidence they placed in the Detendint, and the necessity of having some. body to lo k after their aff sirs Such was the si tuation of these parties in 1780. when the first secu rities were executed, and when it did not appear in what state the accounts were between th, m, or what demands were not yet ascertained. The De fendant and ‘largar.l Purcell alleged, that the deed contained a false result, arid the debt might have been easily asceetAiiied ; hut the reason they gave, was wholly unintelligible, and to the pieserit day they never were Able to see what the account was ; bur there WAS some negative evidence to sheer what it was- in 1780 The Defendant had said, that he was cons in.is advancing motiey,but received none ; and in 1183, we find an ACCOLIA by himself, where the whole of his demands on these ladies amounted to'Bool. being the debt contraaed by their joint nose of hand ; but, before the end of that year. the debt was male to Amount to 99001. and he al. leeward% stand, that after deditaing that 20001. :from le,ooo .tree ha f due to them 10,7001. odd; and this toe starem tit of 1783 corresponded with that of 1784, an t , by •he account ke;it by the De!en ant , from that the smal hAIAi ce reduced their cep,. Al to 10,0001 so that there was not more, th ugh there it be less, one foirn them to the DefendAet II at that tittle, thee 4001. And thus, 110711 the moment they execu ed this aced, of I Ith September, 1780, they could not eat a bit of brea I that was not the boon of the Defendant ; arid in this way they en tered into a contract to p:ty all sums advanced to Jahn Purcell. Margaret, or the Plaintiff her self. What then was this but coilverting their lega. cies to supply the extravagAncies of ill.. brother This unlimited prospeftive engagement left them nothieg for their Oifit dtscrett in 'Extiaerdinary as this deed was, the next wis ,such more so, by which they reduced themeelves to indigence for life, without even the benefit of survivorship; that they gave to the Deem:feet ; and in this manner he might have stripped them of all their preperty, and the nest moment thrown them into a prison ; and then he says they did all this in gratitude for his friendship, and he accepter} it as justifiable, for his own interests. How, • the Learned Jude asked, had be become isrefed to their gretim ie and remu neration ? And then he says, •• tf Toe don't sign the deed, you must starve." What more could the most rigid creditor exalt than 'this ? and yet he does it through motiers of friendship and regard. 11is Honour eetild nut then see what obligations the De fendant t,nd emiterred on any body. He should have thouein that,' from the deeds themselves, and all the trans:talons, that he was to derive some adsantage from the irn'oeeility of these women. He shoals: have interfered to prevent them execut ing such deed. to any o bee pee-on, had they made such a deed. By the deed of 1183, they eeipeAred tOONe2JOOI. ; by that of 1784, some Addition era. Di4d . ; hut in Melva, 11116, th.: debt Ltd mounted t:1 42 0.101 ; a ci hutted was charged against them, * not,only ;Or their oven advancies, bet those made to the brother. and compound nterest upon hat again ; acd each deed furnished fresh evidence that they were imposed upon. After al ludisig to some conthadiaions its the evidence. his Honour continued ; in all these tran.aaiows. it did not appear that the Miss Purcell, were ever ergs stilted upon the subject and when the Plaintiff sheered a reltatAnce to sign the last deed, at Calais, where the Defendant a,spointed to meet them, some expressions of contempteoas surprise escaped him With respell to the mutilated state of the De fendant's books of accounts, it pas not necessary to make any observations, the evidence not being sufficient to go into it at length. Atter some fur ther observations, his Honour, in conclusion, sub mitted to his Lordship as his opinion, that the deeds in question bad been improperly obtained ; that the Plaintiff'was entitled he her legacy, after All proper dedutions were made; and, uneer all the circum stances, he considered that the decree of Lord El don should be affirmed. The LORD Cn•iacestoa said. that he hid not sat in that place abore a week. when a petition was presented to him, to rehear this cause ; and recol leaing the important discussion whic:l had take!, place upon it beforehis noble predecessor, and the little acquaintance he himself then had with the pro ceedines of the Court, he thought'it highly necessar y to Ask the assistance of the Master of the Rolls, in order that whatever might be his final decision, it should be cimsidered es having the sanction and weight of so learned an authority. • lie had a fur ther reason than this, and that was • that a Judge should be a total stranger to all parties, and upon this principle, the great glory of our Constitution. trial by Jury, existed. The Plaintiff, who was a womAh, friendless and unprOteffed. was a total stranger to him ; but the Defendant he had known almost ell his life, being particularly connected with him, and was always his well-wisher ; and, there fore, for the charaaer of English justice, be wished to have the best assistance i.e could. But. notwith standing this, the judgment must still be his own ; and, in ease it should hereafter be reversed, he should state the opinion be had formed on this sub j ; and, in order that he might assume nothing, he did not bring the volumincus mat= he had taken in • the cause, but merely the deeds in question, which in ttiemielves were sufficient to decide the case. and • would be of the utmost importance, should it come to be heard hereafter before another tribunal.— The Defendant's case was opened by Mr. Fon blanque, with treat ability and address ; and, if, he . had entertained any difficulty or doubt upon any on fat, he should have sent it for. the considera tion of a Jury. But none such existed in his mind' the insirumeuts themselves were sufficient, and he WAS convis:ced neither the contents nor effect of them were at all understood by the parties.' He would do every justice ro the Defendant, of whom he had no reason to alter his opinion ; but these deeds could not stand the test of the law ; and, in his own opinion, if such in struments were permitted to stand in a Court of Equity, the guar tianship of the Court, in matters of this natu.e, would be completely cat down and destroyed. At the time of toe death of the De fendant's uncle, he was a young man, and had every reason for entering into the consideration of the Plaintiffs' affairs, not to seize on their estates, hut from m itives most just and honourable ; it straa a duty cast upon him, and they found a friend to whom they could resort for protection and ad vice. These ladies had another interest in these deeds, that of expediting the payment of their lega cies. It was impossible to consider the deed of Seoember. 1783, as a separate transattion from that of 1 . 784, and his Lordship put the case of a money-lender in th 2 city, advancing those sums of money to the parties, and desiring instruments si milar to those in question, whether these ladies had consulted with the Defendant, would he have suf fered them to execute such deeds? He wr.s satis fied he would have revolted at such a propotition. He gave Mr. Macnamara full credit for all the ad vance: 1 - . e had made ; he believed them all perfealy correa ; hut, however' he might admit the haft, be denied the law. The question then WAS, could these deeds, taking it for ranted that all those sums were advanced, stand in a Court of Law t most undoubtedly they could not. Under all. these circumstances, his Lordship desired it should he considered, that this case was decided upon the ptinciples, as stated . by the Learned Judge who as sisted him, and himself, bin not for want of evi dence; and, therefore, Iris Lordship perleftly coin ciding with his Honour the Master of the Rolls, gave it as his opiisinn, that the decree of the late Chancellor should he affirmed. Mr. Macs *ma a s, in person, then rose and stated, that he had no OjeCtion, not only to "cancel the ckeds, but hind o'er the estate itself, provided he was permitted to claim as the assignee of Mr Grant, the mortgag-e, as in that use his claim would amount to much more than the estate was worth. The Cuss: at LOR repli.d, that he had nothing to do with tha' part of the qu anion, t' at must be decided by the %taster, from a hove report he might afterwards appeal, it he thought proper. POLICE. 04 Al/11011.1110USE. Yesterday, the Clerk in the house of Glynn and Co. Bankers, in Birchin-lane, who has been before under examinati - in helnre the Lotto M.rvua, for em bezzling a theft for fOOI. the property of his em ployers, was again brought up. 0.. the part of the Prisoner, Mr. Humphries submitted to hi. IMr ship, that the indiament should be for resiiieins rather than for *kali** the draft, as the only evidence that could he produced was. that part of the rtrihey re ceived on it, was found in his possession fifteen days after the draft was missed. The Loa o Mayo. was of opinion, that the charge for stealing was correfl, as it would than remain with the Prisoner to prose how the holes came into his possession. The different witnesses for tie prosecution were then bound over to app ear at the next Old Bailey Sessioas, and the Pawner was fully etwittaifteJ fOr trial. Some guns were tired upon the river, last evening. off Vauxhall. The sound was supposed to have crime from the Pelt, and a false report was spread that it was a royal salute, announcing a sraory by Admiral Cocoa ANC. A letter from Canton, dated Feb 25, 1806 (re ceived via America) states, that the first convoy wa. t 3 be dispatched on the 21st of that month, to come through the Straits of Malacca, and that the Dorset siper, Warren Haqinp, and Ganges, would be ready in about a month or five weeks. On Wednesday last, business was transafted, for the first time, in the Bank of Scotland's New Build ing, in Bank-street, Edinburgh. This magnificent edifice, from its situation and appearance, so orna mental to the city, is equally distinguished by the elegance and convenience of the dinarent apart ments. The last accounts which Government received from the West Indies, stated, that Min Arens had received such reinforcements, and, in spite of all the vigilance of the Spanish °dicers, such intelli gence respelling the sentiments of the people whose deliverance he is endeavouring to area, notwidi standing his late failure, as emboldened him to re new the attempt,in high spirits,and a full persuasion of success. He was then at Trinidad, making very active preparations for an immediate renewal of his :ii'venturous expedition. An amusing race took prz.c.: in Hyde Park, yes teeday, for 40 guineas. The distance was 140 yards. The parties were a groom and a lobster-merchant ; 2 to 1 were offered on the groom, but the race was won by the latter, who left his competitor 20 yards behind. If ever it was necessary to offer advice to the public, to be early in their purchase of rickets and Shares, it is in the present State Lottery, which be gins Drawing the 13th of 06tober next. The Scheme has a prier claim to any produced for many years past ; 10,0X1. First Drawn Ticket ; all other Capitals a;lost,• Many of which may be drawn the First Day ; and only 20.000' Tickets. A Warehouse is open at'No. 182, Fleet -street, two doors from Fetter-lane, for supplying families and the trade with Soap of a superior quality, and Tel low Candles, with waxed wicks, as very low prices, for Ready Money. A discount is alloced in pro portion to the quantity purchased at one time. and not less than 121 b. of Candles, or 1415. of Soap, will be delivered. Remittances are expeCted to be sent with country orders, as no credit is given. T ~~ . l CAMIMICIVELL FAIR. Notwithstanding the Mani'esto of the Surrey Magistrates, declaring this fair a public nuisance, and avowing their determination to put it down. the Lords of the Manor having signified their wish, that no interruption whatever should be given to It, i the Magistrates deemed it prudent titdepstt from the rum- of their resolutions, and to suffer the hu sioess of the fair to proceed as trona!, unmolested.-..- [he consequence was, that the whole of Sunday 1 evening was occupiesi•in preparing to renovate the annual sports of the fair ; and, yesterday, Camber- .. well Green appeeted once more, not only in all its ' wonted glory, but iii all that emulative stile of im provement which any unsucc •ssful Attempt to re press a favourite amusement is always sure to pro duce. ----- - The Gold Metal, the gift of the I,ite Colonel Pi. • rat MIIRRAY, to the High School. Eihnhurgii,has been adjudgi•d it: Master flee ey BIGGAR, son of the late Mr. RIOGA a, Sciennes, Du: of the highest Class. Inscription en the one side ISIOGAR, Purr. °paw Merpo Gnanr.p .1.- +um Dm. • Aim. Own. Pol.occcvt On the other side, Pnearrew Sch4la EoiNsumattot. On Friday last, the examination of the Writ' ing Class took pace, when the y-ung gentlemen • 1 1 attending it, exhibited many beautiful specimens of • penmanship, whkh met with the highest approba. t•on. A Silver Medal, the gift of Mr. NH( EAN, the • Master. was adjudged to M aster Geo mos ~° Jun. PI seance, and presented by one of the Magis- • trates to him, for his progress in writing, and pre prier! of com:uet Many partridges having beefi destroyed by the • mowers, in the tray !harvest, this year, it , would meritorious to vines: a method,by which this mode of dem-raffia:l, which is likely to take place every season, might in future be prevented. li• fore any grass field is mowed, it should be hunted by a steady pointer. In thja manner, the nests would be die.. covereJ ; and the spot should be m irke.l This being accomplished, a few sticks sriould be put round it, previous to the mowers beginn.ng • their - - work, which would serve as a sort of fence. sod' eff:anally prate& the news. , On Tuesday last, a match of Cricket was played, eleven of Sout:iarmenn against eleven ofStrukr. fee • as Mitly half guineas. which was decided is favoug of the latter. • . .! On 'aturday night, the Jew's Synagogue is •_ mingharn was broken iota, and robbed of several rouble articl;s of plate, &.c On Wednesday, the Right Rev. the Lord Bishop of Casettes' confirmed 210 e yOung wiring at fit. Peter's Church, Liverpool, viz. 984 males, and I 4i .; females. • Übe Duke of Noarni It and Viscount Lowrirtik: attended :the convivial Meetings at the late of Carbsle, 'and apteared to be o h very Hands terms. The Judges animadverted up-a the ' • vellience and meanness of the pr sent COu • afterwards eecompanied Viscount Enwraps, S number of coun•y Magistrates, to the Citalef, relies hi. Lordship point d out the several propn provements, at which they expressed their facti.n. A lebnufer at work yesterday in Somerset Up, tell -from the:seArolff. and was severely brat He was ca-ried to the hospital. The Calendar for the assizes at Lancaster. (which comrn'nced on Sittaday.) presents a dark pifture of the human heart..-We are sort* to observe, that there are no fewer than fifty-one p•iii soners committel Hue trial,' among wham are tare e'iarg J with murder, five wrli m in.slaughrer, twen ty.two with sodomy, four with Ingety. two with crret.hreakicie, seven with burelarr, two with pi 'ing pecker, and one with bigamy! A few days ago, i s the neighbourhood of Maida stone, i t s Kent, an oil man was committed by the • Magistrates to take his trial, at the neat assizes, for murder. The circumstances of the case were these: The son of the pnsoner bad, Some time back. sold the cherries on a certain tree in the prisoner's or• chard, without his knowledge, to the deceased.— When the cherles were ripe, the deceased entered . - - the orchard, got up into the tree, and was p 'fling the fruit, when the prisoner, with a gun in his'hand; came to the spot, and desired him to come down in. I stantly. The deceased refused, alleging, that the fruit belonged to him ; and the prisoner, after de claring that, if h. did not come 4 evil, he wou.‘ fire at hiM, atitilallv 'did fire, and wounded him sis severely, that helpirel some dais afterwards. An inquinttan_was taken on Satard ty, at a pub. lie hcuse, at Colebrook, on the b.bly of a, gentleman of fortune, of the name of Daemons, who met his death by the kick of a horse. It appeared in evil. dence, that the deceased, wh• resided at l'oulney, a village not far from where the accident happened, had gone from home in a chaise, with his lady aid three ch Wren, to dine with a friend, also it six mi:eil nif. ai their return in the evening, the deceased. alighted sear Colebrook, to alter the curb, and whilst in the aft of doing :so, he was kicked by a led horse in the lower part of the comacts, which caused almost instant death. It did nut ap pear that the servant who had the led horse was by any means culpable, he having slackened his pace from a trot to a walk, whilst passing the vehicle of the deceased. The feelings of the another and children we will not attempt to describe. Verdict— I Acridroel Death. ' At Kelso, on the evening of Saturday se'nnight, the storm of thunder and lightning was tremendous, with a heavy fall of rain, in violent as to cause the rivers Tweed and Teviat to overflow their banks, with almost unexampled rapidity - Much damage has been sustained in the cornfields or. the banks of these rivers ; a respeflable farmer on Tevirsosidet lost eight score of sheep, which were carviedaway by the rapidity of the current. A bridge near'fivik hillside was destroyed. A new kiln at Na town, near Melrose, was swept away, and the mill 'Materi ally damaged. Lord MII4 ro's house at Arno, has likewise experiancect considerable isjury from tbe' overfl wi tg of a rivulet near the housc. We have also heard of the destruaion of several cottages. and a great many trees have been torn hams the banks, ' and wiled away. 'Elie same evening, A. Kan we oIN - 'the Berwick carrier, in returning to Kelso with his • :am, was nearly lost at the mouth of the Ldert. It. al Mn. Hort. •L a:re, two Be. re. t WWII weer tmr rrhie • em• !o et/ tio2f 1 the eon ls at- ;r I , ll' a A HO/ met% !TTIMA s, Ste. tiood s it stand mt. 0a js tee some. it, this ly /Ft; 111* he e'l• end of DT me& ougb