The Sun. — London, England, 1819-10-23 00:00:00

LAW ELLIGENCE. rOUKT OF xi , ars Oct. 44. r.071d071 .4dientrne, , ,S'iliinzs O'er Triuitse 7'ernt, ttlore the Chief J u ,th., an d .s r ecial Juries. BLO XA NI AND oTi-IPIIS A SgIONFRS OF FOURDRINIER AND ANOTKEII, V. ELLI ,, TI'. was an action hrooght to recover the Pim of 751. being the amount of three quarters of yest': rent, for the use of a patent engine for the manufacture of paper. The defendant pleaded, firs', the aeneral issne, non a.snrnpsit ; Arid se cond. that the bankrupts had not duly enrolle d the peci fica I ion of the patent, pursumist to Act - of Par liament. The plaintiffs' case wa% conducted by Mr, So. I ICITOR-GP.NEFIAL, Mr. AIAIIRYAT, Filld Mr. TIN DAL, awl the defendant's by Mr. SCARLETT, Mu. GURNEY, and Mr. CHITTY. The case was of little general interest, the Ob ject of the defendant's resistance to the demand l'ei"Z principally to try the patent obtained by the bankrupts for the invention Of the paper-making engine in tplestion. A handsome model Of the in vention was produced, several scientific witnesses were examined. and the case being lett to the Jury tinder the Learned Jod,e's directions, they found a verdict for the plaintiffs—Damages 751. SMITH AND OTHERS. ASSIGNEES OF BARKER, V. DAVBVZ, P,CI This Wes an action (If 'rover by the assignees ot . . hrsaivor tit Streit fort, to recover the possession of certain goods, levied tinder an exectoioo by the Sheriff of Essex, at the instance of a judgment creditor of the bankrnpt. . _ Mr. GuRNgY and Mr. H. G. BAKER condneN4 the plaintiff's case, and Mr. SCARLBTT and Mr Cost YN the defendant's. The sinizlc question in the case was, whether Mr. Barker had committed an act of bankruptcy prior to the execution levied by the defendant.— Of the fact that he had, satisfactory evidence was given, and The Jury, under the Learned Judge's direc tions, fount 4 a verdict for the plaintiffs. AENNIR V. Vi'ALTON AND OTHERS. This was an action tor work and labour done by Mr. Rennie, the celebrated civil engineer, to re cover the slim of 1221. 1.5. 6d. being the amount of charge for his trouble in preparing plans and estimates for tie High Peake Junction Canal, in Derbyshire, of the Committee for carrying the sante into effect ; the defendants, were members. The plaintiff's case was conducted by Mr. SCAR• LETT and Mr. TINDAL, and the defendants' by 11 , 1 r. MARRYAT and Mr. E. LA.wss. The case proved its evidence was in substance this :—ln the year 1810, a plan was formed by a slumber of gentlemen in the county of Lancaster, for forming a junction canal from Derbyshire to Manchester. Two committees were formed, one in the latter town, and the other in London, for the purpose of carrying the plan into execution, ba soliciting subscriptions. Resolutions were trained for employinr , a civil engineer to ex amine the level of the intended canal, and for other ohjoets• The plaintiff waa, by a resolu tion of the London Committee, which was com posed of the defendants, appointed as civil engi neer, with directions to make his report to them of the practicability of the scheme, &c. He accordingly undertook the service, and his bill having amounted to 1221. 15s. 6 , 1., he sent it into the London Committee ; bite for a considerable time the payment was delayed, the plaintiff being referred from one member of the London Com mittee to mother, and from them to the Manches ter Committee. At length, lo the year 1816, he made application to Mr. Walton, demanding pay ment. That Gentleman wrote an answer, stating the hardship of his case in being called upon in— dividnally to pay the whole demand, the plaintif f not having beets employed by him alone. In the result it became necessary to bring the present action. The di fendants pleaded the Statute of Limitations, and one of them, Bankruptcy. The employment of Mr. Rennie was clearly proved, as also the Resolutions passed by the London Committee, of which all the defendants were act ing members. Mr. Walton's letter was relied up on, to take the case out of the Statute of Limita tions. Mr. MARRTAT, in his address to the Jury. con tended that there was no evidence to make the defendants liable, inasmuch as the Resolutions passed by them were after the plaintiff was em ployed, and had reference only to future, and not by-gone procettlings. The case, however, went to the Jury under the Learned Judge's directions, and they immediately found a verdict fur the plaintiff.—Damages 1221. Jss. 6d. There was no other case of public interest tried. 'WESTMINSTER SESSIONS, Oct. 22. At the opening of the Court this morning, a new Commission for hoMing the Sessions, and beating the Great Seal of England, was read. It was merely a renewal of the former one, which Was veiy much worn and obliterated. , ARTICLES OF THE PEACE. H. JOLIFTE, ESQ. M. P. V. COWLING. Mr. ALLEY applied to the Court this morning on behalf of 11. Joliffe, EA., 11. I'. a4ainst Theobald Cowling, and mnved that he be ob liged to give security to keep the peace towards Blr. Jolifte, who had exhibited articles of the peace against him. Mr. Alley stated, that the de fendant had made it a practice for about 3 years to follow Mr. Joliffe at different times, and in vari• ous places, soliciting, or rather demanding, pecu niary as,istance. He also wrote several threaten ing letters, some of which, particularly the last, were of a character that would justify an indict ment for a capital felony. He (Mr. Alley) however, confine himself to one particu lar circumstance. Mr. Jolifie had sworn, that on the Gth of October the defendant followed Mr. Jo!ittu in Jet myn-street, St. James's, and accost ed Innt to this effect :—" It is tomtit:lre for you that I have not met you at night, or you should be sorry for it. I tear nothing, and have nothing to lose. ' 1 tell you. 1 will be a Wllingham to you." From this, he trubted, the Court would Alai ttte defendant, or any man who conl.ll titter such threats, ought not to he allowed to go unrestrained ; he therefore hoped that be would be bound over to keep the peace. The CHAIRMAN observed to the defendant— " You hear what Mr. Joliffe has sworn against you ; are you prepared to enter into sureties to keep the peace / '[he defendant, who is rather a small and mean looking man, had listened very attentively to what was said. On being thus addressed by the Chair man, he took trout under his arm a large bundle of papers, ‘vlsieli he seemed disposed to read. Ile then said, Really, Sir, I am at a loss to know what offence I have committed. I have yet heard no charge against me. The Chairman repeated from the sworn articles the principal charge against him. The prisoner now prepared to read his defence. He began to an range his papers with some bustle, %%ie', Mr. Alley inter fered, and contended that he had not a right to be heard. If he wished to re new any invectives against Mr. Joliffe, the Court were bound not to hear him. It had been de cided ',mg ago in the Court of King's Bench, in the case of Lady Strathmore, that a person could not be heard in this manner, when articles of the peace carte sworn against him, but should be im mediately called upon to give proper securities. The Coot t azented to this opinion, and called upon time prisoner to find security to keep the peace tokyfirds Mr. Jnliffe for one year, himself in .501., and two sureties in half that sum each ; and or dere,' tin, to be elletaincd ...ii•totly until tie could procure it. The Pri , •oner—ls it possible, Sir, that I shall not he heard ? CuAlltMAN—You are not upon your trial here. You are only called upon to find securities to keep the peace, and you must find them before you are suffered to go at large. The prisoner stilt repeated his wish to be heard; he said that he could not call that essential justice, and protested against the whole proceedings. CASE OF SWINDLING. Anthony James Jones was put to the bar, charg ed with having, on the 18th of September last, obtained, nutter false pretences, from Wm. Taylor, two coats, value 121.; three pair of trowsers, value 51. ; and one waistcoat, value IL, by falsely assumiog the name of Carain Thomas Bligh, of the Coldstream Guards. The prosecutor, William Taylor, stated, that be was a tailor by trade, residing in Bury -street, St. James's. On the 18th of September, prisoner came to him, and representing himself as Captain Bligh, of the Coldstream Gnards, said, that he wanted some clothes to be made immediately.— Ile added, that he was recommended by another Officer of the same Regi►nent, whose name he tm►entioned. Witness replied, that he did tiot work for any Gentleman of that corps, and was not acquainted with any of them. Prisoner replied, it was no matter, he wanted the clothes (black) ire a hurry, as his mother was dead, anti he would give ready money for them on delivery. fie also obsers;- ed, that he was well known to Messrs. Meyer and Millcr, wh►o were his boot-makers. Witness went to Meyer and Miller, to enquire respecting Cap tain Bigh, lie was there told, that Captain Bligh was an excellent customer, and a highly respectable man—that be was the son of Mrs. Nigh, of Grosvenor-place, and a relative of Lord Darnley. They also said, that he was a tall, thin, dark complexioned young man, about , 30 yeats of age—a description which exactly cor- responded with the appearance of the prisoner, who looked what would be called a modern fine gentleman. The clothes were malt, and sent to the prisoner's lodgings next morning. Richard Kerrie! (we thick), the foreman of the last witness, proved the delivery of the clothes. He went to No. 41, Bury -street, Saint James's, and inquired for Captain Bligh. The servant girl, said he was not then at home. Witness left the clothes, and called - the next day, when he saw the pretended Captain, who appeared satisfied with the clothes, hut did not pay for them. Witness did Rot bring a bill, nor did he ask for the money. Sntithers, the officer who apprehended the pri soner, said, that he looked atter him fur another business—for a forgery. Richard Grego, y knew the prisoner for 5 years. lie was in the tailoring business with h is ~►other. Prisoner•, on being called on for his defence, said, in a very cool and collected manlier, " admit, Sir, that I did go to the prosecutor and order the clothes. 1 said my name was Bligh, as I had a particular reason for it, which I shall explain ; hut I must positively deny that I used the word Captain,' or mentioned the name of any regiment. I had the misfortune of having an at- tach►neut issued against the from th►e Court of Chancery for 6.0001. F;►r this I was confined for 22 mo►►ths in the King's Bench. I got out at length by a compromise with the parties, and giving them a warrant of attorney for 6001. I was afraid at the time I gave the order to Air. Taylor tbat the war rant would have been put into execution against me. On the evening that the clothes were sent to me, I thought I perceived a 61)i:riff's officer and his follower on the look-our for me, and I knew that if I was arrested I should not be permitted to go down to ponces; er, iu Yo►kshire, where I have some property, and where I expected to receive some money. 1 therefore changed my i►au►e to avoid pursuit. I was brought into Chancery by the executors of my father, who charged me with having got possession of 8,0001. in India bonds, which, however, they afterwards found was not the ca , e, and I was suffered to go out of prison. 1 have 3001. a-year by my father's will, but toy mother has the power of withholding it if she pleases. It is, however, paid very, regularly. certainly intended to have paid ready motley for the clothes, if 11r.Taylor had sent the bill, but he did nut send it." The CHAturL summed up the evidence, and the Jury, without hesitation, returned a verdict of Guilty. The COURT, after a very short deliberation, VD tepee(' the prtsonrr to seven years' transportation. The prisoner lett the bar evidently thunderstrock at such a defeat to his plans as thesentence imported. -- Cromwell was 'indicted and found guilty of a gross assault upon his father. He was sen tenced to a year's imprisonment. GERMAN PA PERS. YROSINONI, SErr. 13. (totlimitnicated by a Gertniai Travelle.r.) I arrived yesterday will some friends in this town from Tivoli, and found the whole toast of military detachments. We have visited the town of &mines, the demolition of which is pro ceeding with great speed. It is situated upon a mountain, and contains 3000 inhabitants. As soon as a fancily quits its abode, military carpen ters pull off the roof, and tl►en the masons de molish the walls. The Town-hall will not he demolished. It will be converted into barracks for a bligade of carhineers ; in a few weeks the town will be entirely rated to the ground. The Government assists the inhabitants as much as possible in their emigration; all the indigent are transferred to lime. This expulsion front their native soil and their paternal roof occasions many affecting scenes in most of these families. WAHZBURG, OCT. 13.—Though all is now tranquil here, and further excesses of tl►e po pulace are fully guarded against by tl►e wise mea sures of the Government, the Court banker, 111. Solomon Hersch, will retain only a counting house here, and go himself with his family to Munich, where he has already hired a house. fiis loss will be severely felt by many poor Christian students, to whom he gave a weekly allowance, as well as by many indigent families, whom lie used to assist in the winter time with fuel, money, &c. ocr. .e.---Some persons pretend to know that Count Month°lon cattle, wiih his wile, from St. Helena, on hoard the same ship, and that he is in our neighbourhood. Whether he came in disguise as a servant, or with or wt•ithout the knowledge of the Governor, can, of course, not be detelmined. It is added, that Miltlame Month°lon has brought several important let ters trom Buonaparte, concealed in her clothes, and that she has also the manuscript of the first three volumes of Buonaparte's Me►uoirs, which ate stated to come down to the year ISO-I flow they are to be injured was not yet decided ; it is believed that they will be sent for that purpose to Joseph Buonaparte. Ile would then have them printed at New York, and also get the English translation finished which Madame Bertrand be gan. It 'is vet y possible these are mere reports, such as are common at these places of public re sort, but as they are not- improbable, they seem worth mentioning. FRANKFORT, OCT. 13.—1 n the protocol of the important sitting of the Diet on the 20th Septem ber, the determination of the external relations of the Confederation in respect to peace and war, and also the report with respect to the fortresses of the Confederation, were adopted, for the pur pose of obtaining the necessary instructions before the Diet recommences its sittings, that these im portant subjects may be discussed and deiermined as soon as possible. Private accounts from Berlin say, that the Pros sian Court intends to send the Chiet President Von Bulow to Mentz, as Member of the Central CGlO mittee. A CAUTIoN.—A person, assuming - the character of a shoemaker, has been in tl►e habit of going to many houses in the neighbourhood of Ca►endish stluare, under the pretext of baying brought home a pair of new shoes far one of the family, for which lie demands payment. He delivers the Shoes to the servant who opens the door, and int mediately his hack is turned takes the opportunity of euteting the parlour, and stealing plate or any other articles of value which may happen to tall in his way. Tlie person above alluded to is rather a short Man, of a dark complexion, and na►tally wears an old black coat and black linen [Tim). CRURLTY TO ANlMALS.—Yesterday, a man who was driving a worn-out and half-starved horse it a waggon, down Tottenham•court-road, was ob served to treat the poor beast with much cruelty. At length, it was unable to proceed further, and sunk down, overpowered with fatigne. The brutal driver, with the Inmost barbarity, inflicted such severe blows upon the wretched animal with the butt-end of his whip, that the blood spouted from its nostrils. A Gentleman who had viewed thig conduct with indignation, on remnastratjng with the driver, was threatened with similar treat ment, and would probably have suffered, had ke not knocked the ruffian down.' A fight ensued, which, to the great delight of the spectators, ended in the victory of the Gentleman, who was very little hurt, while his opponent, to use a boxing phrase, was so heavily punished, that his senses were hit out of him. SUDDEN DEATH.--Tuesday last, a genteel dressed female, about 50 years of age, fell down in a fit in Oxford-street. A Gentleman of the name of Blair, of Park -street, very humanely had her carefully conveyed in a coach to fit. Ceorges Hospital, where she lay a few hours and ;Ixpired. Yesterday an Inquest was held on the body before T. Gat.t, Esq. when it appeared that the deceased had no paper* in her pockets whatever to lead to a discovery of who she was. She had nothing but 12 shillings in silver and a large bunch of keys. The deceased was a flue stout woman, and is supposed to have come from the couotry. The Jury gave a verdict ot—" Died in a fit of Apo plexy."—The Coroner strongly recommended the body to be kept as long as possible, and exertions to be made in order to see if the deceased was Owned. ATTVMPT AT Solctoß.----Nresterday afternoon, young woman, very genteelly dressed, about 23 years of age, was seen by some watermen, near the Red House, Battersea, to throW herself a boat, I hich was moored to sonic others, into the Thames. The men immediately ran to ex tricate her, which they succeeded in doing, but not without great di-diculty, it being high water. She was conveyed to a neighbouring house, and recovered. It turned out that she was the only daugliter of a Gentleman of great property anti respectability in the neighbourhood of Vatt;t11;11l, whith er the unfortunate female was carefully eon evyed hack. i t ap pe a rs that the y oung Lady had once before attempted to put a period to her exist ence , i n consequence of Et a love srAtN. [Prom d Morning Paper.] Advises from Cmlit bring down the intelligeoce front that city to the 2d inst. The yello \‘' te' er had not only become more malignant in its die t tss but more extensive in its ravages. All hind at business was suspended, the merchants' countl n i g: houses closed, and even the shops shut, so toil many of the inhabitants were rednee4 to „rest tremitics from the want almost of the necessaries of life. Such of the wealthier residents as haLl been able to quit the place either by laud Or W 3a ter, had done so, and the empty streets bore R most melancholy appearance. By the last noll . appeared, that the average number of dewhs 11 ' 8 7 69 per day, but we now find that it had risen . 0 S 9, and it was supposed still to be on the w crease. By former letters, it appeared, that 01 Captains of transports. lying in the harbour, I°` fallen victims to this disorder ; and by the sc. e counts of yesterday, no less than live others Li g : added to the number. Whether any of these suf ferers are English is not Stared. •Of the ere' vs ' generally, only 30 have yet died, and the (lisp" ) : portion between the Captains and the men is P t ° bJbly to be accounted for by the tact, that ci te latter . were not allowed to go on shore, and the r e . tore did not so soon take the infection. Whet b i er the deaths have or have not increased among s military, we do not learn by these letters. Or course, all expectation of completing' . etvipment of the exrdition, so long destined f() South America, ha.i been abandoned, and order' had arrived from ihe Gu‘eriotbut at Aimirid, t h ' it the ships shoold go into dock, &e. for the wiW cr ; In conscquence, a notniter of the vess: of v ti ; had lowered their mas ts , Could the tirrnatner' have sailed even at the beginning of th • I)l . W ° month, it would hare been too late to give 1 1 assistance to the pr e sent enutpaign 5 0 '' t America. The virulence of the fever had, among 0 (11 0.5 ' eompt lied the British Consul to le a ve e a diZ. Ile had retired, with his whole family, int o the tetior of Spain. The following extract of a private letter rtort s Madrid, gives an account of the state of atl' ir • there, by which it should seem that the tora os t precautions are taken by the police, to pre"' 9 l, the introduction oldie yellow lever infil the capju i Some Ministerial changes are also spoken of. T ile accounts from Madrid are to the 9th inst. :--- " The Government here is not a little alarroe' at the rapid and uuresisted ptogress made by ' l4: yellow fever, ur, as some will have it, the plag e ' at Cadiz, and, I am sorry to add, at Seville.'" 11ow much further it will extend ilselt it i 5 inn' possible to say ; but while all travellers are errs' mined, and subject to a temporary quarantine entering this city from tire S. %V., it is tepor te `, that it has even made its appearance in our su b orbs,—The terrors of the last visitation fo al ( people especially anxious regarding any neer tection. After all the iuquiry I have been able tos I do not find that there is any truth in o ' l " Rumours areitfloat of changes in the C.1 17i ; net, and I am told this morning thlt the Minister will certainly resign his other, but I fi whose 'favour I have not heard, ne i,k er is ll' c cause of his removal made public. If he re inc i : it is certain that he will draw with him a ittf °l o her of adherents. Ile is•much ld t ed certain class, and but f o r the positiv e assuranc ,* have ieceived, I ebould very much &OA. w het" ). the statement is correct.'' The young: ()l o ees) of SPAIN is not more titan ' years of Age, it) petAoti grnteel, her face pre tt l i ;' awl her coniplexion very Liir. From her W it. , find depression of spirits whilst she rtiniiitted Tohlottbr, it bppeareti that the p; ospect • n did wit reconcile her to 'raving her trit'' country. COAL NIARKET, Om V 2. Shiisat I"4:Act. Ships sold. Prig's• 0J So Newzastlt . 1 Sanaa:la.% 1 . . 4K. sd. to 03' MARRIED. I Ph: On Thursday. the 21st instant, at St. Pancras Chur c3 '4o3- Willy, Esq., of Buchiogliain-street, Straiij, to 11r''6,,pri An. leans. wiiow of the late 111 r. Joi-eph Evans, of Tltaates-street; and DIED. Etis S g e Tnesday, the 12th inst., in the 81st 'tear o• Brice Bootiy, Esq., hanker, of Newbury. 1.-Jen t i On thy _.Bth September, at Cadiz, Mr. dor ,. Stephenson, Master of tl4€ ship Edward Ellice, of 1 1. )1 ,, i d...r 04 : tht Thursday, the 31st inst., at his ! l oose in Ete , "ors - Mr. John • Ella, in the 580 year of his age, matt;' NJ ember of the Stock Exchange, 60' 45 'LONIM Printed 11,1. B. CARSTAMS, of No. 29 : lc , ' 1 ; Ormottit-street, Queen-square; and published 1. : 1 , 4 ' 46 ,', SC:RIPPS, of No. 7, South Molton-street, °thee, No. 112, Strand ; where Advettisemen l,l (pos.t-paitl) mutt be n.itireliisd, +.. Thn To , Ott '4r L; G L„ , rcc~ u 1 ti.t tff (774; d.~~ ! ,~;; r 7C J o h l~r~ .; e COURSE OF ZXCHANGI4, FRIDAY, Orr. ta• j Antstodam . .•••• . .Ditto, at sigh • ! Rotterdam l2 0 Antwerp...... ... .. Hantimigb .. - totia •.....•• .. Paris, $ Day's sigiit es eo 0 ' fr . Ditto Fl , urdrao::, ditto '• 25. 50 . 0 L ig' i Fillnk tort on the Main , 0 $ Madrid ....:, Cadiz , , Zi; Etr e ‘,ie ll i bil/vt.a 3.5i Wri lc ` . Bernie Ciii,:altar 8 . .;•5--Ou-aa et., - hor a ....‘...... ..•• Q C il t , l 44 —Verice, .110.. Liv. 27 30 Malta... •:.0 —Naples ..... s - Pal er In° °‘'. Li,1)011 Oporto, Rio iaiteiro Dublin., .....111..... Cork ..... I 1;', : per Cent. BULLION. et °. Portugal Gold, in Coin 1 .0 0 0 p er Foreign Gold, in Bars 3 17 10i . New Dollars 0 S 0 Silver in Bars, Standard —.a BIRTH. Yesterday, in Sloane-street, the Lady of Capta i n - Salo gel P. Hurd, of a son. •