The Sun. — London, England, 1816-08-01 00:00:00

LAW INTELLIOENCE. COUtT OF CH S:: Y, JULY 8.1. WALKER V. CONGRNVE. Mr. BLEN:AANN, Counsel for the plaintifr, ad dressed the Court, and einoted the Reports of the ''BOard of Ordnance, respecting his client's inven— The l a nguage of these Reports had been, att'first, that the invention was impracticahle, and cculd .not be carried into effect ; and afterwards, that it was no new invention, but one which had been long known. it was not lair (the Learned Counsel contended) to turn round in that manner upon 11..4. Walker. But the in vention of his client went in fact to change the whole system of supplying ships of war with gun : powder ; and the barrels of the defendant bad ver been, used till 1814. four years after the invention of his client ; that plan of supplying patios with powder was now universally adopted, the' idea had been taken from Mr. Walker's invention. NVhet her 111 r. Walker should succeed or not succeed in establishing his patent, he bad introduced a moot important improvement into the public :service.. The first .distinction attempt ed to he made bet wi t t the'barrels of the plaintiff a.nd defendant was, that the bait els of the de fendant wile made of wood lined With lead, and not made of brass like'th use of the plaintiff; bitt that was a distinction without a difference, and only a colourable pretext, as both .were barrels for keeping gunpowder, It was also ,stated, that the. defendant's barrels had a copper ban ' d, but that was neitherinore noriess.than a hoop, as in the machines of the plaintiff.. The Loa o CnANCELLOR observed, that the ques• tion was, what kind of a vessel.had been made by Sir W. Congreve and, secondly, whether the in junction had breu violated Mr. LEACH, for the defendant, stated, that only two vessels Ji l ted with copper It ad been made, which had, been sent to the East Indies. -The Loon CHANCELLOR stated, that an Hone . tion had beets wanted, and perhaps he had not 6cteil with sufficient caution in granting the in . junction before the other party had been heard. plaintiff honestly thought that he had made a new invention, and as to the question, whether he had or had not, he should give no opinion. From the afiidavits and bill he should have s a id, there was enough to make him pause till he had heard both parties ; be had, however, granted the injunction first. But (and he said so with every degree of respect for Sir W.. Congreve) no in junction of that• Court was to be violated; and if the Injunction should be Wrong, application was to be- madeto the Court itself for redress. He thought the injunction had beep violated, and the yioladiott,of Inionction was to be :treated as the circtimitances of the care might repine. ,Where ~tliere was no stitched contempt of .the. Court, it was tally a queqion us to the costa of the mo tion, ',The question here was, - would a-Court of h o ld the plaintiff's patent to be a good one? :andlte thoughtotil that question should be tried, (.iovernment should keep, an account of all ; the _hotels made by the defendant, that, in the event of .oe, plaintiff's Tighc bring established, he might have all the profits, to the costa of: the pre- Se n t mo tion., tie' shotdd recommend to.Governmeat to pay ; them ; .but, in the. event of his reeommen dation not being 'e ff ectual, they must be paid by .Sir W. Congreve... ,The injunction had, been viO .l4ted in sending the copper barrels to the East Indies, 44.0ne copper barrel must be an incitation of another, The initmetioo was .to be dissolvcd, if Goverratent would' keep go account' of the non - ibex of hatreds employed in the service, till the ph-tintiff'h claim shorild`be tried in Court of Law, for whieh he should direct an issue. ' '• Both the plaintiff trod: the defendant were in Court, where •site davrent barrels were produced', ,and :examined attentively by. his Lordship. iIpM,P .Clll.CpiT. 11,EliTFORD ASSIZES, .Tot,y.;lo. CROWN SIDE. Peter Pearocli.and Richard Peacock tVe. CA . toy 1011610 g Sot moo GsTell, Ott the ,King's highway, on the .2d of July. The prosecutor, 'ho was la poor labouring man, stated, that he 4'ilS going with his master's cart n'ear Mot's Hole, iii tin' parish) of ltidg'e, in this county, about II at night, when be. Was stopped by two men, the on e 1 1 11 and the other shot t, resembling the pri. aoners at the bar. One of them stood at •the borse's head, and the other got into the cart, de. Wending his money with dreadful* imprecations, at the same time giving him a blow on the head with sa . band-bill. 11,e .put up his hands to, save bitiself; and got his fingers cut by a second blow. Then man then stripped off his smock frock, anti threw it to his companion, who was trawling at the horse's bead. They then rifled his pockets,. took from him a few shillings, his bag of victuals; and his smock frock, leaving him nearly blinded with the blood which ildwed over his eyes from the wound on his head: The Jury found both nichard ilowetwas jratieteil for stealing a brown hurt,', the property of Iliehard Cook,. of Nor wich, in the county, tyt Noriolk. In his defence, tic said hu was a little horic-dealer, and that he bought tilt horse from a Man on the road, but had 110 witness to prove the Thomas Paterson, . and Jane Paterson his mother, wereindicted for breaking into l Sbenley Church, and stealing two surplices, fourbibles,and,several tirayer-books. Wm. Rodgers, the : ;l'arish Clerk'uf Slienley, stated, that when he went - to: open the church nn Sunday, the tad of Julie, he found that it bad been entered bribe chancel-door_ in the course of the week, which, from his description, it kvati no difficult mutter to force, for lie produced a bit of a stiek had 'thrust back ri wooden bolt, its oniy fastening. Upon looking round he, found the thief had carried off the parson's two sprplieeS and the hinse hooks. - - - Guilty bOth. The other rases in the Calendar were, trivial offences, fur nettling fowls, &c. Mr. Justice B i tititOUGlU,finiSited at TOUT o'cioeK. ovii, SIDE. DICKENSON V. TILE GRAND .111NCT . ION CANAL COMPANY. This was an inquiry to assess damages, -which Lis - lasted tor several hunts, and is now pending (nine o'clock). The case was tried last Asslzeg, and is again trying. The plaintiff is a miller on the river Bitlborne, and coMplains of a stibtrav- Goo of water by the canal. lay the .Grand Junc tion Act, the Company were to make resen;oirs 10 supply the mills tin equal quantity of wa ter to what they might subtraci, but in lieu of these reservoirs, they have substituted a steam engine,, which, they say; ,restores all the water they take away. The opinion of persons of science differ on . this point, and there is a niasi of wit, nesses on both sides. The ease will probably.last some time longer. PROVOCATION TO EIGHT A DUy‘G. QUEEN•SQUARP,.---Ciiphtjil John MOM Field, of a regiment now lying in the East Indies, and Williamiligginsou, of the 57th regiment of foot, Were bought up by race, tinder warrant, at the complaint of Mr. James OrA,'er, Surgeon at the York' Hospital at Chelsea, for challengiogtira to fight a duel. Mr. Oliver said, that the transaction arose out of a case which oceiirted at this office on Mooday lest, wherein the servant. of Lieut. Iligginiqm charged Colonel Hedy, of the I Ith Dragoons, with as.uoili big hint. On that occasion he (Oliver) aecoMp•tiried the Colonel to the Office. On Toes day Mr. Iliggins i on came to his house, Na. 11, Belgrave-terrace, and told him that his servant had informed Mr. Dunn Field of his ex posing him on the preceding day at Queen-Square Office, by stating to the ..11agiArate, that he u as is most - dangerous .claaracter, laud that he was the same person who was at that Office a short period before, for . throwiug a bottle and glass upon the head of a servant girl at Chelsea, and though the statement might be true, yet lie (Mr. Dunn Field) had sent Iriot 'to deflOtati Satisfaction; 'and he ex peated.bito to name time Had place.—My. Oliver likewise said, he informed Mr. Higginstin that he ne)er spoke to the Magistrate, but it was nothing more than truth had he said so, and he should consult with a friend before he sent any answer to his message. 'The next day he met Mr. Dunn Field at the Orange Coffee-house,•Clielsea ; he came up to hint in a most outrageous Mantier, and said he had sent hint a challenge by Mr. mg ginsots, and to useltia own words —t` You are a d—d coward and scoundrel it you don't fight me ; and I wilt tell you so wherever I meet you ;" until flourished his cane over his bead, threatening to . chastizehitn. NIL Dunn Field said, the cause of his sending hint the challenge was in consequen c e o f hi s hav ing previously said that he would meet him at any place he would appoint. - Mr. Oliver Said,' he never promised to meet hint ; he had advised with his friend, a Gentleman who knew him'.well, anti he informed him that ever since the Captain had been drafted to tie East Indies be had acted most ontrageonsly, nod in different hotels tie had challenged a whole room full of Gentlemen to gght, and that it was , but short time since he was held to bail for challeq ' ing an . Officer at Chelsea. . • Mr. spike to - the prisoners of the enormity of their offence, and th.st they must be aware of the excee , iing . 'impropriety of their coti duet ;.• that he must •be rtuder the necessity' of holditooltero let responsible sureties , to :answer Mr. Oliver's charge at the ensuing Sessions, if he persisted in pressing the...case; but he Would be ff their advocate with him, and sec if sn apology svould be sufficient; 'They said . they would make any apology Air. Oliver tleiire(l. ' _ _ - - Mr. Oliver said, that be was determined to pro secute the. ease . , nut 'entirely upon account of, the injury be had sustained by them, but for' others, and the phhlie gimd. Pii%l.Dittlo Said, he was .sorry ,that young turn should sO . commit thetnselves ; that he must do a , paimifnl duly, which was to send them to prison till they produced ; two . persons in bonds °lda etioh, and'themselves in 801, each: DREADFUL AUCIDENT.-7Yelterchy afternoon, about one o'clock, the funeral of niss Buattowiti, of BA . LiOn-street, (lc:Ate:ma, came to St. james's Church, Clerkenwell-green. The grave Was ordercd to be dug twenty feet deep; when the body ennui, to be lowered the Undertaker foinid some fault with the depth, awl the grave digger and his assistant went .down to throw Up a few more shoyels of earth, when, unfortunately, owing to the great pressure of the people and the ground composed of loose , earth, the 'shores gave way and the earth fella in nd buried them tinder its wei•Alit ; several men were immediately set about shovelling away die earth, which.iept con stantly falling in ; but in about an hour after. the body of one of 0(1114 the name of Butcher, ap parently dead, was found, immediately citified home, and by the meant prescribed for restoring persons apparently suffocated, he was' restored to life, and at nine o'clock last night there were great hopes entertained of his recovery. The hotly at the other man was not then dug out, although there were several navigators employed in shovel ling away the earth. The crowd ot. people in and around the chUrch-yard was beyond conception ; the constable were not able to .keep them away. The'body of Miss BURROWES was-,deposited in a vault under the church. ASIOTHIMDARINO RIVER PIRACY.--On Sunday morning Atm, about three o'clock, the ship Chap= matt, lying at her, moorings in the Buoy; Blatk was,boarded, and forcibly broken open by •hust:s crew, and•rebbed of a considerable quan tity Of Eas,t India sugar; coffee, &c. in bags; When the gang was breaking into the bold, the Mate was alarmed, and: immediately' ran forward; and saw aotan of the name ut Neck, a notorious cha racter from Deptford; he collared him, and said, " You rascal, I have caught you. at last," anti a great scuffle ensued, but in which Neale got dis engaged, and jumped many feet into the water. In the mean time the boat's crew; with their booty, left the ship. The Mate again endeavour ed to stop their progress, and threw -a copper tituncheon, 14 lbs.. weight, 'overboard into the 'spat, which, from the cries heard, must have done some injury. lie then threw another into t h e w a ter after Neale, but which did no damage. They :A. with (heir plunder, InAdt`iolf, and have uut since been heard of. ono'Ntrts INQUgstt. At eight o'clock on Tuesday evening an in— quisition was heldnt the sign of the Marlborough A Fins, 'Jhornhanghl-street, Bedford-square, be fore Mr; StutelNG, one of the Coroners for, ;he county of Middlesex, on view of the body of . Cwt.. T. Garland Murray, of the Hon. East India Company's service. The deceased lived for.up wardS of 12 years. at No. 1, Upper Gower-street, in a house furnished in the first style. The Jury, after viewing the body, which 'Was in a leaden coffin, returned to (heir aury-yootn3 and took the inflow ing depositions : Matthias Ralph, being stVortt and examined, said, I am a watchman in Thornhaugh-street and Francis-street : as I was calling . half-past one o'clock on . Mobday morning, I heard the cry of " watch, watch," and J accompanied the watch man in Gower-street to the door of No'. 1, in Upper GOwer-street ; the street door was wide Open, and two women at the windows of the third • floor calling nut " watch, watch," the other watchman and m y lelf entered, and fearing there Might be robbers in the house we passed the first second floor, and went" Up to the third floor, where the 'servant maids vvele, who told us that there were pistols fired in one of the rooms under neath, and that they feared their Master, Captain Murray, was unordered. We then took Our light, and went down to thesecond - floor, on which was the deceased's bed-chamher anti dressiug-room the door to the lobby was unlocked ; but ltitit doors of the bed-room were locked on the inside, and to our knotking and calling . we could get no answer. We observedsome blood on theyarpet„,netti• the room dont. ; the papering'OriAllewall between . the door and window was also much stained With blood, and the short white window. , ettrtaiw - tvas clotted with blood, as if grasped in a bloody hand, and was shut in between the.sash and v..indowitil. The footman - went for at surgeon, who lives in Francis-street, who came in as few minotes ; and on his arrival ordered the other watehruan and me to tweak one of the doors, which we did,. and I was the first person who entered, followed by the other watchtnen, the surgeon, and the footman. There was a lighted candle stood on a stand at . the toot of the bed, oti Which the dec.'ased lay on hit back, weltering in his blood his throat Cu,d his face and both cheeks very much torn and lacerated, and he quite dead, with a double•barrelled pistdi . lying M) his breast, - which he lick! grasped bet Ween both his hands i it appeared to be it eently fired, as the cock was down, and the pan open, .We searched both rooms for_the instru ment with which he cut his throat, hut we could not. fins! it. I have no doubt, therefore, but the . explosion of the pistol was' the cause of hi s death, and that it could out be dude by any other pe'Vscin roan hinr:tlt', tiS both dOOES Were seeorely, fastened On the inible, the door leading to' the' lobby being locked, and the key on t* . i,ie" inside, and the door into the di essing•rooin hutted on the inside, 'so that no person coolif yin admittance Until this door wits forced open. Williath Henry Acret, being sworn 'and exa mined, said, 1 ant a surgeon, and live in,FrenelS'- 'sfreet ; frequently seen the deceased he, fore, but was not:actpetinted with him ; he ap pe:Lred to he between 40 'and stt years of age. About two o'clock`. on Monday morning I was sent for, and - Went to No. - I; in Upper Gower street ; rehear learning the suspicions of what . had happened, I ordered the watchmen to force open the door - , both being fastened as `described by the last witness. When I entered! the . toom, I found the deceased lying on his back`iii bed, quite dead, with 'a diMble , harrellcd pistol 'on liis breast. which 'h e h e ld with; both hands 3 it appeared to have b ee n recet irly dischai get{ into his month, as the cheeks and 'fare %vete much torn and lacerated, and the tetils appeared to have passed through the roof of tilt moat b and hraiu, and Caine out at the.top Ot the head. I on die nodouht but the pi,- . t o t wa s recently fired,' from the Strong smell of the guppowder, and both the pans being Open ; and that it was fired by the `dereasedhimselt, as no persons could hav'e ente . ted the room without foreiug the door, I found there was also a laege - Wound on the titre part of t lieneek ;hitt it waS nOt . deep enOugh, nor in a p h we to cause immediate f deatb it appeared to be indicted razor; or 0411 C Other Shoip, in strument. I caused both the hell-rrrom..and dress: ing-room to he well searahed, but we could find neither knife 'nor searching the bed room. 1 discovered blood' on t.}..; floOr, and some blood on t he wall, as if squirted &on) 'the wound, from which I nit of opinion that the deceased had' preVionsly cot his throat in hii dressing-room but that, not doing it effectually,• he threw the razor out of the Window, as the apPearance..Of the curtain, being g,rttsped 'by at bloody hand in, raising or lowering the sash, warranted ; and then bolting hiMself in his bred-chamber he no - doubt effected his purpose with the pistol. . The Jury being perfectly satisfied that the ceased' 'came to his death hti . . his . own act, .the COroner called fOr evidence to prove what state Of, mind he had been in at the time. 'Milian' Cody, being sworn, said, I lived foot man with the . Ifecvased ; I have been in his ser vice 3.ytars and 7 inuntlis ; he was about 45 years (date; Was married, but had no children ; he and Mrs, Murray lived very happily together ; she left town ori - Satnrday . for her, country-house at edge, ware, where she generally went every Saturday ; tny master seldom went until lie left town for good in the season : he was a very regular sober man, and was never mit later than 1p o'clock ; he was a very mild man, and the - best of,innsterA ; I never kaew hint to be unwell, or any way deranged in his mind ; he took no Medicine, anti hint no medi cal man to attend Oti Sat urdtty,he , tva very well ; but all 'day on Stinday he appeared very ill, very melancholy, and very low spirited ; he never lett . hiS . bed-rooni all day; he'had no break fast, no dinner, no tea, nor no supper : I took bins lip his brealefast, which' he took from me at the room-door; he .wits dressed in his dressing-gown : did not ;46 ih: he might have taken a cup or.two of tea, but lie eat nothing: liegenertilly got up at 10 or leVery Morning, unless be was indisposed, and then he did not get' up until .five or . six - in the evening. lie frequently ruog during Sunday f or a 'glass of wine and warer, which was the only refreshment lie had. There' Wqe two female serys'uts and myself' io ti4e house, my mistress and the rest be ing at the country-liOtise. Tile Maid-servants • ' ' went to-Bell at eleven o`cioil 5 .1 . sitettilieti on my lied, taking off only thy coat, that I it4 . lg. be in- readine,s to A t tea, fiq 111 V master posed ; he said tie wowld the.ale, case he wanted me. A little atter one o'clock,. I teas alarmed 'tribe iepoit or tArti succeeded each other altuokt inslantaticon:;iy. ',/ alarmed the maid-set wants, ,who were so flight ened, that they threW up their windows and calloi the watch "I Went down and 'Opened the i,:rcct , door, and .railed the Watchmin. I was pret;enc when the room door was .forced open, and 1 ac companied ftetn in, and saw him as already dc= scribed. My master alWays kept loaded }iiytal's 11l his bed-room ; he had the pistols before I caint; into his service; he always shaved himself,. there is one of his razors now missing out 'of 1,14 dressing-caie. Here the evidence closed, and the Coroner c!: , plumped the cale,tothe Jury,:. he stated, that thee" was not a doubt but the deceased was the autha Of his own death, 'and it was . for them to Conside what State of 'mind .he was in when he committees the dreadful act there was no proof of his being in a deranged state of wind, only Irons, his being shut up in his room all day on Sunday, eating no' thing, anti being in a melancholy state. The .Jury were of opinion, that lie was in a deranged state of mind at the time, and returned• a verdict, of lunacy. Another Inquest ,was ,held yesterday at did Faliiiburgh Castle, Aldgate, liclote J. ‘V. wNI on the body of I.V.egoos Loughtim, bunt' flintier, who was found s - tispended by . a cord in 1113' IPdgipp 011.SUUdayinPrPipgi4St,+RObVil StetV3ed deposed, that he had seen the deceased On 4'.4.a.tor any evening between six and seven o'clock, ‘viit ) then. in it low and tnelancholy way; ittui tol d . that.hehad got the hprvtirs ; he did mit 49 , 0 Lis room on Sunday worniulio which, caused nlitrin, and a ladder teas procured, wlicu he tyi p is found hanging to a stro4.' nail in the %va l .! IV a cord, qttite ,dead.-- 71 Elizitheth 4 Arnold..deposed some ilicolierent COll UCI, the (ICC:MI*O. f Vel' ! 'diet —LI y Yesterday an inquest was lichl „bcfarcH'l L. LEWIS, Esq. at the Green Man, fireen-street , p,o'svelior-tqure; on the body of i\l r. faint s (fns. —Jeffrey Woolley, of acid, bc went to take a Walk With Ole decreased 101110 Poitnon•square, when they ail :vecl at the end Viirinnin-street he euddenly dropped down sen.,eless state on the flagi; %I:lC[l6s becaloe alarmed and called a eoiell, wkieh he conveY l : ll hurt to Iris house . in,Green.,street, there "issistittite was soon 'obraitied:bnt without elfec,c; he expired soon afterwards.—Verdiet—'-Died,..V ihe, jot of OW. Another inquest was held by the sante c0r1,7 net., at thel'irinmphant Chariot, l'embrOke'-trkeivs, Grosvenoil-place, on the body of J 01) P udd ' ik " (Ilea nn :the pieeeding'llaiin 'St. GeOrge's'flospi,, tal. , It appeared from, the.evidenee of Elizabeth, Crawley, niece to the deceased, that he , wa s 51 years ot age, aril had 'been :I at.a fee""nEe iu Coventl.Girtien, which pl:tce he I►ti'l left about .six weeks hack, and 'irice that roadie' with her it her 11104,1)d 'tl HpAVtikigllo, Over stable in Selintonr-thers,, , ,%i'ell-street, JerinY 9,- street ; during that rime he antieared ill a rne[ 3l " eltoly state of mind, often expressing his fears Ito J110111(1 be redneed to a L Workhouse, :and. come "° rant ;on the rtitlay preceding his ileath,, ar peared 'verylciw ana desponding; often talking himself until about fire o'clock in the afteinnott l . he threw himself out at the window of the sec ond floor, into the stable yard, front which he 0141 removed . into witness's apartment, where he 1 1 . - Attained until about nine, when he was reinnved the,Uospital, where he died.--Nerdlet,..Littrtacy; FATAL AFFRAY.—An"affrply took place on 't t,ti!P" day last, in Great Boughton; near Chester;wfiicil terminated in the death of a yotiog wonoto of tin: name of Cook. The father,of the deceased, and a Mr, 'Bradshaw, residing to Boughton, ‘''sc l4 ', drinking on the above evening at the Wheat Sltel public.-houseth i raid eir'wive a daughter of fa c)t ' met at the same house, when some ill 130g" 3144 took place between the parties, which tendo ra** titer to irritate than allay tile differenCes 131bves followed words ; anti the tirrodfoki result was, that the young Immo) named received a violent blow from her opponent, Bray; 'haw, which occasioned her death. A Cor"n er' ' s t• Inquest was held on the body on Saturday I '' s Verdict—Manslalfghtfr against 'Bradshaw and her father. DIST RESsix O EVENT.--A most distressing. a!la melancholy event occurred on Sunday last. T`,` 4 ; young tutu, one of them. Josspit Iloortta,`"l`i oldest son of M r . cutler, o f Do by, "' 4e ' 25, the other JOHN HA FORD,' soh ot Mr. 1/Asl ; FORD, Reptoll, age , l 21, and en assistant t{ Mr, SOWTHR, draper, also of that place: Were 1 1, •fortfillately drowned in the river Derwent. went together early in the morning w ith the .iner tention of bathing ; and nowi tthstandinl th e rl ni , was considerably swelled by the hue:rain, ttnf Namely it (141 not deter theM from their put P, They entered the water at the usual hatbi::t': place in the old meadows, and it is supposed I ' ► tt i,. were immediately carried beyond their depth. t tile incresqed bulk and rapidity of the current, aOl, both drowned. COAL M AIIK ET, Juts 3L reit f• . Ships at Market. SH ps sold. A ga 3 (l ' 7sl Newcastle ... . .104. ...314. Ott. tn ~,; il4. 2.7 Sunderland.... .19. 955. Od. to .7,- 4°. " i Snitch etfai .0 . . . . —s. 04. Per "r°l'' o d, 2 Cinder* .O ....- . 4. pd. to - -5 * „..... ------ BIRTS. • - On Fat r urda; last, at Rrynbella H , the Lady ofJohn Saln' b Pi_otzi Saluabory, Eiti. of a datil - , titer. tliii • .I..ately, at 'Flavin, the wife of Mr. Barker , o f a . ' n Gentleman h father of 29 children-, • - Rai ED; , a ,lford' On Tuesday list, James Window, E. of 11a'place, to Cktroline, yop.ticect ot the hate Janie ristet, Esq. of Brunimck-pquaro. 11 CAP' At Stirlint-, Scotland, on )11 the 15th July, William lane, It. N. late Surgeon of his Majesty's shi p Crescent) /* se.misarsisrisais irrossimpwilworgareaP oo rjr • LONDON: Ptiotett by J. 0, Ai KS. No. 7 oi:, ; am i piiblislicti by W. A. SCRIPPS. of' ."' l 3 r l , 4 t i s t : , at the tioN- ()r ; where ere Au manta, Orders, Letters,Sze. (post-paid) must be utilresse