The Sun. — London, England, 1819-07-29 00:00:00

LA NV I NTELLIGENCE. COURT OF CHANCERY, JULY 28. CONTENIPT OF COURT. Ti - r.r- NewToN PELLows, V. THE EARL OF PoursAtouTit AND JOHN HAtVsON. 11seT stated that this was a motion for ennimitt lug the defendants for a breach of an in janc.ion 0-anted to restrain them from cutting down eerteio trees, and also from pulling down the beildings belonging to the mansion-house, and frien destroying any fixturea in the latter. The defendants had not denied that they had felled the trees, and therefore it woold prevent the neces sity of big going frilly into the merits of the case. 'the plaintiff's affidavit stated, that some °ma in. ntel trees hail been felled since the order for le e injunction was granted, and that lie, as the trustee et:d tl,e heir sit law of the estates now oc cepiof by the defendant (Lord Portsmouth), saw, that this wes Ole case, especially as far as frier - teen fir trees and a very fine oak, ell of which were in view of the house, and the reliciees of which were visilleithough kitten pted to he eoneeel,d by teeth and eras. fle was Also informed by a labourer that he (the labourer) had ctit them down, and eet they were marked for the purpose by order or the defer lam's bailiff, who bad finite so by the direction of thedefendatit. The Ishonrer eoeldnot make an affidavit of this, because by dol,rig, so he would have lost his present employment. Even the bailiff was so much under the influence of the defendants. that front hint also informs ion could not he obtained. The breach of the injunction, so ter troll) being occasioned by accident, must be attributer! sob lv to a contempt of Court. The very pulling down of one tree was as much a con• tempt of tie Court acs if 111- whole had been de-, tooli-thed in the Valk. On the other side, it was attempted to make an apology, by saying that a lodge had been recently erected for the game keeper of the Noble Lord, and it was therefore necessary to fell certain trees which essentially retarded the game-keeper's view of the country fuom his lodge. it was also said, that the removal of a saw-pit nearer the mansion-house occasion ed the entring down of sortie timber. Wit &such apologies were admitted, the aothority of the Court was rt en end, so far as related to injenc ;ions ; - and stick, be hoped, would be the conduct of his Lordship, as to shew the Noble defendant that tnis,Court would not he trifled with. Messrs. WE - rim:mu, and BALL followed on the 3atne side. The ATTORNEY-GENERAL, for the defendants, edont red that the oilier side were so far right in lehst they had said, but it could never be meant that the injuuction was to extend further than ornamental timber, the defendant (Lord Ports womb) being only tenant for lite, and besides, lie was so without any impeachment of waste. I'l is Lordship would recollect, that the in junction was granted in 1814, and the ,Noble Defendant swore positively that never be tore nor since the injunction had be cut down any trees in the park or pleasure -grounds, except two fir-trees welch were between the saw pit and the garden-wall, which, so far from being enneewer a l, were totally the reverse, as by their aitnation they totally obstructed the growth of the fruit-trees on the other side of the wall. The defendant, [Dawson. had most positively sworn that he never gave directions to any one to cut down trees, and if they had been cut down it was contrary to his knowledge. Tee bailiff made an ;affidavit, in which he declared it was necessary foe the mansion•bouse to be repaired, and that he accordingly had cut down fourteen trees for that purpose, which were growing in a clump nearly one mile from the house, and which trees had been marked for cutting down some years !Afore this took place. Another free bad been felled, but it was so rotten as to be fit only for firewood. None of the trumps of the trees had been covered over with grass or e ar th t o hide them, and for 29 years had he acted in the same way as be had done. Such was surely sufficient evidence to hew the order was not violated, and he (the At torney-General) hoped the *notion would be dis missed with costs. _ Mr. LIeALD and Mr. TnesseoYa followed on the same side, and seiti that the other side seemed to have forgotten that a Peer of the realm could riot be committed for a contempt of this Court. There' was, no doubt, an order of Parliament that a writ of sequestration might be issued, and this had been strewn in the cafe of Ewer and Lord Shaftesbury. Mr Heel., in reply, contended, that he was still right, for the Earl of Macclesfield had been commitred. The Loan CHANCELLOR, at great length, en tered into all the facts of the case, and pronounced his opinion, that the it junctiou had not been wilfully violated, and therefore he must dismiss this motion against the Noble defendant. He would at the same time assure the parties, that it could hot be too often repeated, that this Court Lad such a jurisdiction as would reach the highest Peer in the realm, were the slightest insult offered to the authority of the Court. CASE. OF ILLEGITIMACY. AERG!SON AND tIXOR v. MARIAN SRRLUSON, AN INFINT. It will be recollected, that about a fortnight ago this case was brought before the Court, and it was then pOStpooL:d for sonic time on account of t!)e absence of parties. Mr. HART was now about to open the ease, uhet he was interrupted by Mr. WINGVIRLD, who appeared on behalf of the defendant, tie said, that he had this -morn ing rete;ved a letter from the mother of the in fant, who was now resident at Livetpool, re apecting the order of the Court ; and he much wished a short postponement of the case. .111 r. HART thought that the present motion would have no effect upon any ulterior proceedings. The LORD CHANCELLOR said. that ibis was a very delicate question. and he thought the hear log of the motion ought to be postponed for a short time. Mr. BART remarked, that the question would be trkd by Jdry. IVINGFIELI) threw out tint it was intended to susinnid tk maintenance of the child, and the presnt jiscils - ilon might lia\•e gre,vt ii,floci;ce on the-oliiiii4te decision. Mr. HART said, tl►at tl►e mother, a short nine ago, lived only 25 miles front town, but now the lived at Liverpool. Mr. WINcriELD contradicted the assertion. Mr. HART.—It the motion is nosy postponed, there will be no time to bring it on before the long vi“ al ion. The LORD CHANCELLOR.----There will he plenty of cline to try Ole question at the Lancaster Assizes, which do, not begin until September. The motion was ultimately postponed until this day week. ASSIZE INTELLIGENCE. SALISBURY, JULY 21. CROWN SIDE,--FORGERY. THE KING V. THOMAS WEBB. The proseentors of,this indictment were, Messrs. Locke, Hughes, and Saunders, bankers, at the Devizes, in this county, and the prisoner was arrAigned tor forgery upon the usual counts. The tact• were stated, on the part of the prosecution, by Mr. 11.11) , eARD L.swvs,• Herm , &milder, is a partner in the house of Locke, lingbes, and Saunders.. Theprisoner had done business with the house. The transactions begin in June last year ; he had uo - regular ac count with - the house ; several of the • prisoner's checks had passed through the house, and evere regularly honoured ; understood the prisoner was a fellmonger at Wilton, in this coon y. In the first instance, the Bank made advances upon the credit of the neighbouring butchers. Richard Tuck. Deere is a clerk in the Bank of Locke, Hughes, and Saunders ; discounted the bill in question for the prisoner on the 19th of February, by direction of Mr. Saunders ; the pri soner indorsed the hill and received the money for it, deducting the discount. On his cross-examination, the witness said, that the prisoner was asked in the usual course of bu siness to indorse the bill. The bill was put in as follows ! London, 10th February, 1819. L. 47 10 0 Tiro months after date pay to my order the Sinn of Forty seven Pounds Ten Shillings fur value received. ROBT. JOHNSON. To Mr. Robt. Noyes, 16, Eagle-street, Red Lion-square. Accepted payable at No. 37, Chistvcll-street. ROBT. NOYES. _ (Indorsed) ROBT. JOHNSON, JOHN WEBB. James Sailgrove proved the presenting the bill at No. 37, Chisvtelkstreet, where he saw an elderly lady, and was told that they knew nothing whatever of Robert Noyes. John Owen, the occupier of the house No. 37, Chit well -street, a public-house, never knew or heard of a person of the Mime of Robert Noyes. Thomas Sut!low had made inquiries at every house in Eagle -street, Red Lion-square, and could not hear that such a person as Robert Noyes lived there, or hail ever lived there. The Collectors of the Moors' and Watch Rates for the two di3triets in which Eagle-streer is si tuated, proved that no such person as Robert Noyes was a householder in either of the distric!s. Mr. C. F. Wituttiss, for the prisoner, sub atitted to the Court, that no case had been made out ; but the Learned Judge (BEST) was of opi nion that there was enough to go to the Jury.— Witnesses were then called for the defence. Robert Johnson acknowledged himself the drawer of the bill, and stated, that be knew Robert. Noyes, the acceptor; saw him accept it, anti enclosed it to thepri,ooer in a letter by post from the General Post• Office in Lombard-street. The letter produced was the letter sent with the bill. The Inspector of Franks, being called in, proved that the letter had passed through the London Post-Office on the lith of February last. The letter was addressed to Mr. Webb, at a factory near Wilton. Mr: Johnson underwent a long examination and cross•examinatian, during which he still persisted in the reality of the existence of Noyes. The witness was ordered by the Judge not to leave the Court. Sudlow vi s again called by the Judge, who said, that he had called at every house in the street, but could hear nothing of Robert Noyes. Johnson being called again, said, that Noyes was a person in debt. Air. Justice Ilasr-- , Then, Sir, you have been instrumental in defrauding these bankers. The Learned Judge summed up the evidence in the most perspicuous manner, and accurately de fined the clime of forgery, which, he said, not only included forging the name of a person actuallyin existence, but Also applied to the use of the name of an ideal person. If the Jury believed Johnson, whose evidence was of a most doubtful nature, they must acquit the prisoner ; but if they did not believe him, then they could nor hesitate a moment in finding him guilty ; it was for them to decide, and the question entirely depended on the credibility due to Johnson.. The Jury, after a very short consultation, re turned a verdict of—Not Guilty. THS KING U. THOMAS Wiebß. The same prisoner was then arraigned .onder n second indictment, of a nature • simikirs, , though with a variation in the circumstance; for in 'this case the prisoner was himself the. dr awer of the bill, by which he had slefrauded tine same-prosecu tors as in, the last indictment. The bill' was follows :- 1.1:1. 9s. Wilton, Wiltshire, Dec. el, 1819. Two x after date pay to my c.nlie,r one linadred and fifty-L ur pound. nine shillings, for valuc received on Lakoce of account. , JOHNWEJ3I3. To Mr. Tharam: Bowden,'baize-manufacturer, Itonifyr4, 4ssex. ; • Accepted ptyahle wben due at No.4o,C4stle-street, Holborn. Indorseti---J4:l Webb. • ! • The same 'course ,of proofs were gone through as in the last case, to shew the tittering of tile bill, and to prove by the Parish 'Officers, both 'at Rorntord and St. Andrew's Itiihorn, that norsotii , person sa Thomas Bowden was known at 601'0 . place. There was, however, this additional evi dence offered on the part of the prosecution by - Mr. Tilby, the Attorney, who put in notice served upon the prisoner while i n pri son , ca lli n g upon him to disciote Who Thoarsis Lowden WAS, arid where lre was to he rnuna ; and Aso c,oll.fz h ins to produce the accomrt_ bet.wcen then), &c. &c. The Learned Judge interrupted the reading of ihis hill in eculTy, as he termed it, and observed i •.. upon the great impropriety of the proceeding,, cautioning Mr. trilby against a repetitiOn on a si-, milar occasion. Mr. 'nib)/ observed, that he followed the vice of Counsel ; not those at present engaged. The Judge observed that he was satisfied those,. now employed would never have advised such a: measure against a prisoner while in custody. The prisoner being called upon for his defence, left it as before to his Counsel, who called his witnesses t--- Thomas Bradshaw was partner with Thomas Bowden, the acceptor of the bill, for fourteen, months, beginning May twelvemonth. The ac ceptance is in the - hand-writing of Thomas Bowdcn. Coos-examined.—They carry on business es defilers in wool and cloth, in Miles's•lane and Crooked-lane ; knew Bowden had a house at Rumford ; they never manufactured baize ; did not see Bowden write this acceptance; never knew Bowden accept any bill payable , at No. 40, cnole•street. It was not a boitiees ; saw BOrvdell r,r Nn. 40, Castle-street,, in December last ; celled with him there„witb Mr. -13' igg . his attorney ; he neither livet6lor,had judgings,t here ; called relative to a n act i on % . shich Bogg was de fending flit 'Bowden Bowden _s noc her,c l to the knowledge of the a itness ; witness came to Salis bury with Nlr. I3ogg ; as not se;-ii 13o,v:len for six weeks since l a st S atur d a y. — W4ness cannot get Bowden to sign a dissolution or ti.e partner ship ; Bowden 'is embarrassed ; he is about five feet eight inches, fair complexion, about 35 or 36 years of age, light hair, rather bald ; witness has known lion,;; at the same house more than year; there is no other No. 40, in the stree: ; Boge's name is not on ,the door.; witness lives at Newington ; has known the prisoner three or four years ; sold him some wool and cloth. 14-examined—The connection with Bowden was very.untortonate to the witness ; conceives Webb *nun have known that lio%slen was not a baize-manufacturer at Rumford. John Bog lives at No. 40, Castle-street ; bas lived one year and a half there ; witness bought the last tenants out ; knows Bowden ; the ;Ac ceptance is his writing; remembers the bill being presented. Witness said he was surprised at Bow. den's taking the liberty of making it payable at his house. Cross-examined—ls not an admitted Attorney, but managing clerk to Mr. French ; told the No tary that there were no effects; said to the Notary he Was surprised at the bill being presented at his house, and never heard - of Bowden .carrying on business at Rumford. Mr. Warden, the prisoner's attorney, was ready to prove subpoenaing Bowden; but the Learned Judge would not permit it, saying, that the re gular way would have been to have moved in the first instance to put off the trial. Lukin made inotriries by direction of Mr: garden to find out Bowden, and saw him on Sunday week in the Fleet Prison, and served a copy of a subpoena ; Bowden was not a prisoner. James Rogers, the Notary, again called—Had no recollection of any conversation having taken place with Bogg when the Bill was presented ; cannot swear that a conversation did not pass. The Learned Juoca summed up the evidence, and told the Jury he.. should desire them in th'e fi rst place to say, whether there was such a per son as Thomas Bowden ;, and if they wete of opi nion that there was, still he should Advise them to find. the prisoner guilty, and be would then re serve the matter for the opinion of the Twelve Judges, uponjhe point of, whether the wilful mis-direction in the place of abode was or was not a forgery ►vithin the meaning of the Act. The Jury, in a very short time, declared as their opinion, that there was no such person as-Thomas Bowden, and upon being told that they must find the prisoner guilty, they returned a Verdict of Guilty., In the course of the second trial, the Judge or dered the itnmediate commitment of Johnson, the witness on the first indictnri;nt.. There were several other indictments against he prisoner, the trial of which was of course ren- (Wed unnecessary by the present conviction. CIVIL SIDE. The Cranborne Chase Cause way postponed till he next Assizes, from the non-attehdance of the Special Jury, neither party being willin g to pray a talea. CHELNISFORD, JULY 27. FAIRCHILD V. GRAHAM. This was an action for words alleged to have been maliciously spoken by the defendant, a sur. geon and apothecary, practising at Rochford, in this county, against the plaintiff, a resFectuble practitioner in the same place. The facts of the case were these :—The plain tiff bad been called in to afford his professional assistance to an unfortnnate woman, who laboured . under an ephemeral' hernia, or rupture, ,the dan-, gerous - state tit which,'on his being first called in, dictated the necessity of an operation being per- ,. 'folned:' To this, hoiveier, no perinasion conld induce the ithfortiinate woman to snbiuit ; and l after aim . plaint Of bad•applied every other species of remedy that is usually resorted to in such cases, be declared that nothing could save his pa• I 'elle but en `operas 1011. She Was, however, still ' obstinate in her determination, and the dsleudant was called in, who, without the plaintiff's know_ ledge, soon after perfOrmed the operatiOn, Orciar ing after it that the patient coup not survive half ,arr brio. , He came the next night, and inquired '.c what time she had 'died ;" but was informed that she was not dead. - He then expressed his surprise, and on being informed that the plaintiff hod been there, he burst Out into invectives against hiM, declating that he (the plaintiff) 'uev&r walked an hospital, or attended a lectute in his life, and ex'pressing his surprise that he was hot 'ashamed to spew his head in the place. The Otieot died Its ten days after the operation. The:most respectable medical characters in the co!nitty proved' the sound profession a l education tire pimiutiff had received. that the d r i en d ant h a d ' tleftrice . set up '';vas, uttered the wurds ii»kuted to 1141.0 repte-. • t l i 3l cPtitation; rf% tlie part cf - i t a he plainti ff h a d used terms equally detritnent''' bis profe3e-innal: character. wb The learned' Judge charged tLe Jury' () found a verdi c t f or the plainti ff —D:l[l lB g s ' -5 Guineas. Tfttut, 0? THE , lboTans AT LlVEll ,o °'' ... ; e d Friday morning the tri a l o f t h e person s coneel-01, in the riot which lately occurred at Liv er ,lT ies , • during the procession of the Orange Su c h- i e d came on at the Town Hall. The trial ore"P the Court front ten till half-past two " 'cicic ett • The Jury retired f or a f ew m i nutes, an d return with a v e r di ct o f G u il ty against all the pr",` ).- , (eleven i n num b er ) . Af t e r a short cons ultao ° thi the Court sent ence d a ll o f t h em to three --- m°° imprisonment in the House of Correction. le ttet HERRING' FISHERY.--.Ari- extract of a iha t front Fraserborgh, o f t h e 92d i nstant, s t a tes' i. e . upwards of 100 b oats h ive b een , try i ng the; or ring fi shery lot near ly t hr ee wee k s, and 0,1- b ne yet caught a d o z en o f b arre l s. ' Three Pdji. fishing smacks came to Fraserborgh on SO ° last, who reported the Dutch herring fishi,.. r t r y have completely failed as yet. The berriog n";; t h e‘umnenced at Lossiemouth on Mondavi, th e r,bil instant.. Oar Wednesduy thereafter, one (*. ii boats caught . upwards of seven cranes, :3 11 , (1 ' e ll . Thursday another brought in ten cranes or % 1 ,, - 4 rings: —They wre 'in 'great abondan ce in the • 3 1° ‘ " vi Frith, and of uncommon size and quality , hear from Wick, that the fishing season is ' l " e p t to commence. B ut num b ers o f Dutch fi shernldi have appeared near to the coat, contrary establ.shed la w.—(Edinburgh: Courarrt. Julg 2 " k ;; I i An Inqui,ition was yesterday „Htterno" " - n before Jr. Guns, in the King's Bench prior," -?s' view of the body of Eschtr Achards; control called General Von E.cher, a Frenchman, r y1 ; 1 0. had served under Buonaparte. It appetite"'.o tvidence, that the deceased had been for tlP` v i ni of two years A prisoner for debt ; h e had u4,,,eg tor- some tine pas' in an ill-state of health, ° l' received his principal support trum . the Mirsh.:, who not only supplied hint with a weekly all ots' ante of money, but contributed wine and for his support. The Tory returned a verdict 01 Di , Jl by the visitation of . God.'' of ACCIDENT.—A fine youth, about 17 Yef ir rs „, age, in passing before one of the swings at "' t i:4 end Fair on T ues d ay , receiveda blow frool machine on the temple, which killed hits Otl I-. spot, On Thursday as a fi ne li tt l e girl, shoot 11 / 1 te. ,c' years of age, w as amusing herself on the p4 vetp ci li , in Nies}market Line. Ab e rd een , s h e nbtortoo9lo in her play, came i n tie way of a lo a d e d cart, ° 7 l „ of the wheels of which pas,inc over her ed her almost immeiliately - . Her agonized fol ic. ; %vim was within a few feet of his child, WO infant in his arms, witnessed the diStressi9g " C- 11 ' s dent, without the p oss ibil; y of retid ern), tira e°- assistance. h On Wednesday s e ' n t r i g h t , some persons p955J0 the old tower of Stapleton, shoot t wo ogles Annan, were s ur p r i se d on h ear i ng the beilotii°4; a cow, seemin g ly i n the air, and, On looking perceived o ne ver y-tteat the fop o f th at ruincnt's fice. Assistance was procured, and 'with' great ficulty she was rescued from her pennons situatit )l k t but that is m ost remarkable, is the manner of' b . e i' ascent, being up an o ld winding.; i a haiecse 40 feet high, and in several places many sieps are wanting, which makes it ditricjt t even a man to ascend. How long the an imal 4 4 remained there is uncertain.—(Ditinfr'ie4 Corie f i r. On the 7th June last, a bee-hive, helongil'l 4 , l ARcziiaALD SPIERS, Eldetshe, Esq. cast 3 11 ; StVelin in his gard en a t Eidetshe Huse, and no I Sth .11,11 e Cast a second SW111 . 1;(1 on the 1 , 31 '' July, the top swarm cast a fi ne swarm, att4 , are all in a fine thriving condition. BIRTH. , 7 On the 27th instant, a t Pancras lane , Backlersour;t Lady of Dr. Charles Maclean; of a daughter. ; • MARRIED. On Monday,. the 26th i ns t ant , at Aston Clinton.' OW 'Nutrias Tyringhain BernaEd, Esq. third son of Sir Bernard Morland,• Bart. to Sophia Charloite,' ihrly'datis" and heiress of the late Sir David Wi;l:aurs Bart. At Brighton, on the 9.7 t h in3t.Mr. Wright, (4 0) 4,, mercial-road, to „Selina, ,youngest daughter of Richard La' mar, Esq. of the forruer place. DIED. • On Saturday last, Mr. Thomas Havel!, plunOer, Kings tall : Surrey, in his sstit year. .....,r4P Ou Friday, the 16th i ns t, a ft er a lingering iilpess, -7 , • yotinget daughter of Mr. B. l'itaisliall,•Watlitig-mieer• ~~ PROVINCIAL BIRTHS, MARRIAGES, AND DBAT° Biants. Lately, at Frotne, the Lady of John Sheppard, Esq• ° f son and heir. Lately, at North C ra y Pl ace , K en t-, t h e L a d y of tionif Nieux, Esq. a daughter. Litely, at Stnart Hall, County of Tyr one , the 'Lae b- the Earl of Castlestuart, of a daughter. s Lately, at'Truro; the 'Lady of the Rev. Jolni daughter. .. , . mARniEn. t° On the 17thr inst. at fitintan, Kent, Mr. Thcmas Dud Susan Dann, both of that piece. • On the 14th inst. the Rev. J. F. Benwell, B.A. t 4 ' CLaniherlaino.hotivof C:oichesti r. Lattiy, at Axminster, Mr. Will. El:earthy, of Welliag i t ly: Somerieti-tolielkira, youngest daught e r of the' late "• Esq. of Hannon. ea Lately, at St. Mary's, Nottingham, Mrs. Ilivintan, a l t ers . Cu, to iLitthius, aigeki 410, iJettig Ike lady's .wereentl i. '` PP A great coneourse of pe o pl e w a it e d t o gree t tbe pair on their returirfrouChurcti. ' rizzn. Shddenlw, at Leeds, on the.. 2lst instant, James cloth-dresser ; he went to bed tit.: preceding night as o ° l3 P and,expited in the Light. ,1611, La Mteiy, at .atisfiri.4, the Rev: Josiah Towttend, ag e „a, fornitay:ginister of the Dissenting C u ngr t g a ti o n, at .6 ucat fla!ifax, sz,'lnti Yorkshire. w e st On Friday ght, Martha Reeves, spinster, of Broni,,vicii, aged :".:13 yLarb.—.lll,l, oti the fohowing inurri,"7lP Mr. Rid:aid nceres 11f the :1111/Ve iltre ve'lP Coach irtt-foinitiez, of. West ilroiLm ich, aged ti 3 vears• •,1 1 , at 0/5 the ith iit.st. Captain J'anles of the Itritoti . liallanian. Lately, atter:a shunt illness, the Rev. Thomas 'lector of Long Stow, and 1.1111., ut his jUS IiCd- Peace hir Cahihridgcsliii e. S l t g Lately, at "i:e ate+ den, Mrs. flyer, in an advanced age• ii had livt d for nratty years in a state of pover ty, hitt since disLovered that she died pc.i.,:sc4ied of c onsidera ble Pt iterty. ere° LONDON; I'rintet! 4.1. B. czuts . niir6, of• No. e9f A, Orntood-street. (aura-6,initue: anq published 1 " . ‘v .itfro SCNIPPS, of No. 7, So u th Moiton-strytt, at Tif, ‘ ,- ; f, 1 Strand : •Vill'Ett LretlVl*, (punt-patty twlll, Lc: altire3scii. „ „ f t- , ' .4 PI itt t le ; itor .•4, 1 , ay, 14, 1 1 \ : Nt. 4,,,,, tt,,' ti 4 Wi