The Sun. — London, England, 1819-07-31 00:00:00

LAW INTELLIGENCE. 'COURT hF CHANCERY, JULY 80. ROVVE V. WOOD. The Court was occupied to-day till half-past 2 c'clocic in hearing Counsel on a motion in this cau.e. The subject of dispute.between the parties i 4 the lea , e of n mine in Cotnwall.; and the object of the prevent motion was to diselprge an attach nieut which the plaintiff had issued against Alder -111411 IVuod, the defendant. The circumstances oi:the cag e , as derailed by the Learned Counsel, are brief!) , as follows •--=The plaintiff filed his bill several years ago, and an action At law being soon after brought against hint, in which the defend ant lid a common interest with the plaintiff, it was agreed that the former should not file his anse.ers in Court, hut should loike them in the Mnster'sOffice. The object of the parties in this proceeding was to prevent their common oppo'- nent from having access to Mr. Wood's answers, which contained some statements that might have hurts prejudicial to the right of Mr. Rime. In the year 1318, an agreement was drawn up be tween the plaintiff and defendant, in which they hound themselves to drop all proceedin?‘ both at law and erptity ; and it WAS not till the 9th of the present month that the defendant received notice -to put in his answers immediately. Relying, how ever, on what he conceived to be a valid agree ment, he did not comply; and on the 14,11 inst. the plaintiff issued an attachment aga,inst which was executed last night. Mr. lIKALa Hntl Mr. SIDPBOTTOM, for the de fendant, contended that the attachment i,hould he .taken otf, the);round that it was unjust and irregular : unjust. because in violation of a con tract; and irregular, because the time, between the notice and the issuing of the attachment had been unconEcionably short. The A7TORKPV-GreNCRAL, for tide plain:iff. nrgned at great length AgHiiist the motion, and was followed by Messrs. MONTAGUE mid SHAD WELL.. The LORD CHANCELLOR reffißrktd on the case 'in general, that it involved several very important - points, and perhaps the circumstance that he con sidered them important might induce the parties to pause before they referred them to his deci sion. '1 he nulj► questions, however, for the con lideration of the Court et present were, whether _ir not this attachment was oojust ; and, suppos-, in;; it not to be unjust, whether it had been te gularly or irregularly executed. On these two points he should give judgment to-morrow morn ing, after having carefully looted over the papers. NESTOR V. PeGOIJOAN. Mr. WETHERELL applied for an injunction to restrain the defendant from accepting or issuing any bills of exchange in the name of the plaintiff, or i / ntertering in any oiliest-aunties with the plain tiff's concerns. The Learned Counsel stated, ;lint his client was a respectable army-agent, re siding in Gracen•strect, in tl►e Strand. On en tering into business, he had engaged the defend ant as his clerk ; and, as a stimulus to hie exer tions, had agreed to allow him a certain share of the profits. The defendant•, having become in volved in debt, was at present confined in the Fleet Prison ; and in this shuntion he had threat ened to draw bills on the concern. His Lord ship would see, that under these circumstances it was of importance that the injunction ►lrould be i3sued without loss of time. The Lunt) CHANCRLLOR granted the motion, anti directed the injunction to be served imme diately. VICE-CHANCELLOR'S COURT,Jv LT :O. THE DUKE OF SOMERSET V. SIR THOMAS TCRTON. This was a bill originally filed for the specific performance of an agreement, and pray►ng R re ference to the Master to take an account of the wood, &c. on the estate, and also to inquire what SIIDI tie plaintiff was entitled to receive from the defendant, for the non-performance of an agree. Aleut, and that an injunction might issue to re strain the defendant from proceeding in an action at law. The facts of the case are as follows : Ili, grace the Duke of Somerset had put up to sale, in 1814, an estate, for several lots of which Sir Thomas became a bidder, at a price of 8,5501. and for which he paid a deposit of 850/. into the bands of Messrs. Llleasdale, Alexander, and' Holmes. Considerable differences having arisen, the case was referred to arbitration, and the ques tion now turned upon the point as to whether the award of Messrs. Roupell and Shad well '(finding the Duke to be entitled to a sum of 1501. of the deposit, the defendant to pay 'the auction duty, ►and the plaintiff to allow five per cent. interest for the money deposited), was binding on the Duke, or whether, from their having made a mis take, which they afterwards acknowledged, that *Ward ought not to be set aside, and the plaintiff declared entitled to a sum tantamount to the loss Le had sustained. After hearing Mr. MiiRRIVALH, Mr. AGAK, and Mr. BELL, The VICE-CHANCELLOR said, the case resolved itself into the mere question, as to whether the Duke was entitled to relief under the award.— if the award was binding on his Grace, the general demurrer was good ; but if it was not binding, vice verso. It was clear that both par ties thought, in referring . the case to Messrs. Roupell and Shared!, that from their peculiar knowledge of the facts, both being Counsel in the suit, that the question would be immediate ly set at rest. It was clearly .settled, that where arbitrators decided contrary to law, the Court could not interfere; but that was not the point in the present instance. Here the present question was, could any Court interfere in a CASC where the award was founded in mistake, and in which the Consequences might be most ruinous. The Duke of Somerset, in all probability, prayed t.er a great deal more than he would obtain, for his Honour held it an erttremely difficult under -I,,king to say that the Duke would be entitled to performance of the agreement. His 11,,uour baid, in conclusion, " I think, in this ca.e; the Duke is emoted to relief ; and a s the fir w u r r e r curer too much, it must be overzrulcd," ••1.4ie1; was sseurdingly o:derrd, POLICE INTELLIGENCE. MANSION-HOUSE. REQUITAL OF PUBLIC SERVICES.—YeNtenlity R person of gentlemanly appearance and address re quested the Lord Mayor's assistance under (lim eades against which be bad been long contend ing. lire object was to obtain charity, or the means of working, to provide against starvation, which the petitioner said was rapidly pressing up. on him. It was a story of great disaster. The applicant, who appeared , about 35 or 36 years of age, by his own statement, had entered his NlFt jests's service a' a very early age, as Ensign in the 27th or Enniskillen regiment of the line. He had served in Egypt in every campaign, particu larly in the engagement in which Sir Ralph Aber crombie lost his life, and obtained the rank of Lieutenant on the field, and was presented by the Grand Signor with a gold medal, ..outiterparts of width were conferred upon the Officers of that Army, as tokens of gratitude' for their ser vice.. lit the war - that followed -the Treaty of Amiens, he served in the 28th regiment of the line in the North rtf Germany, under the coders of General Lord Cathcart. Subsequently, the Lieutenant was obliged, from the, pressure of u do-mcstic calamity, to dispose of his commis sion. A combination of unfortunate circumstances. • onfnreseen and, inevitable, compelled him to enter site service in a situation but little 'adapted to his habits, education, or choice : be entered the 24th regiment of foot as a private soldier, mud in that butOble - and laborious capacity served in the whole, of the - Peninsular War, up to the period of the ratification of the Treaty at Paris, in 1 . 314. In the course of these campai;ors, this pooravanderer served in the follow ins; battles and sieges :—Vi meira and Roliea, Talavera, BIISSCO, Almeida, S lamanca, Vittoria, Pyrenees, Ecballa, Orthes, Thoulou.e, Elva!, Ciodad Rodrigo, Burrgos, and Pampelona. Upon the termination of hostilities his regiment, which was a becond battalion, and a mere skeleton, from the v-igour, and va riety of its services, was disbanded, and he was disciarged. Thus, thrown upon the world, without pension or remuneration of any kind for what he had done for his country, he was determined to obtain the precarious aubsistence afforded by attending schools as an assistant. In his search lately for a situation of that kind, lie - bad unfortunately failed, in conse quence of the great number of applicants, who were perhaps as needy, and more eligible, than he was, but who could not be more zealous in at tending the duties of any situation, by which the means of an honest livelihood could be obtained. Under all these circumstances, he had presumed to call upon the Lord Mayor, in the hope, as his Lordship was the friend of rtio.e who detested idieness and dependence, some opportunity might be afforded to prove that all unfortunate soldier was actuated by an honest andmanly principle.— The Lord Mayor expressed some surprise at the great extent of those unrequited services ; took peculiar interest in the poor soldier's case, and assured him that, if he could procure testimonials of his conduct from those under whom he bad served, a supporting - arm should not be wanting to hint in the .hour of adversity. The applicant was extremely gratified; he was ready to procure testimonials from Sir E. Paget, Colonel of the 28th, and of Sir J May, of the Royal Horse Ar tillery. He would embrace the most menial em ploytnent by which hottest bread could be earned ; was conscious of his inability, from early habits . , to fill a laborions situation as well as many whets, burr his assiduity should compensate other defi ciencies. The Lord Mayor gave him the means of present support, anti re-assured his hopes, by stating that the case should be laid before Lord Palmerston. BO W-STREET. DARING OUTRAGES AT WEST END FAIR.-Yes• geniis y the men who were examined before Mr. Portal P. on Tuesday were re•examined before the same Magistrate. Riclord Harris and Samuel Dickenson were adniitted to bail, they giving a satisfactory account of themselves, and respectable bail being offered for them ; their being found in the company of Walter Ellis, who was one of the principals in the outrages, was, it appeared, by accident, they all being on their return to Lon don at the same time. On Walter Ellis was found , the skirts of two goOd blue coats. He was com mitted for trial on a charge of stealing the two skirts, the property of some person -or persons unknown. He will be brought to the Office again, to give those persons who have been robbed and ill-treated in the fair, or in the neighbourhood of it, as opportunity of seeing hiui. TOWN HALL. DIEGRACEPUL CAse.—A most disgraceful case occupied the attention of the Alderman yesterday. It was a charge of assault, made by Mrs. Cannon, the keeper of a notorious house in St. George's. fields; against Jemima NVeMon, in unfortnnate gill. Complainant occupied several houses in or about Dover-street. St. George's-fields, which she converted into receptacles for abandoned girls, whom she charges at the rate of thirty shillings a week, allowing them a small room each, and com pelling them to , find themselves in food and every thing else. She purchases a quantity of cheap gin, and binds them down to expend a co rain sum daily for this pernicious article : and when visitors come, they are charged half-a crown fur liquor which costs the landlady threepence halfpenny They are compelled to pay their enormous rent at the expiration of each week, and if they should fail, they are imme diately driven out ! Two of the girls, whom she brought to prove the charge of assault, confessed that none bad been committed, but that it was a pretext of Airs. Cannon's to get rid of the pri soner, who had rendered herself rather obnoxious to her interests, and that they were to swear to what - Mrs.Cannon said, so much did they stand in fear of her authority. The Worthy Alderman felt disgusted at such depravity, and wondered how a human being, capable of such infamy, could expect redress_ if realty injured. They who were hourly acting in contravention of the law were but ill entitled to its protection i and with regard to the case before him, he thought it should have ..been revelsed.----Complaint .dismissed. ASSIZE INTELLIGENCE: HOME CIRCUIT.—CHELmsroItn, JULY 29. SMITH V. ILSEE. This was an action of trespass against the de fendant, for pulling'down a shed belonging to the plaintiff, situate - in Epping. • It appeared in evidence that the plaintiff, from being an humble journeyman carpenter, had, by his industry and good conduct, become a master carpenter in a small way. lie had obtained per mission from the Lord of the Manor to erect a shed and sink a saw-pit on part of the waste of Hainan!' Forest, of about ten or eleven rods in length, in consideration of his surrendering to the Lord a small piece of land in his. possession. The defendant, who is a man of considerable fortune and substance in the same neighbourhood, being dissatisfied with this supposed encroachment upon the waste, in the year 1316 he attempted to re move the pinintiff's shed ; but then failing in his purpose, he renewed Isis proceedings in the year 1817, and with the assistance of a horse and cart, ai'led by other persons who complained of the alleged encroachment, he milled down the piles which supported the shed, which was itself demo lished in .the end.—Fir this injury the present ac ion was brought. The Jury foun . rl for the plaintiff—Damages 1501 SAME V. SAME. This was an action by the same plaintiff against the same defendant, for assaulting and falsely-im prisoning him for the space of three hours, on a malicious and unfounded charge of felony. It appeared, that pending the last mentioned action, which was a remanent from the 1 Assizes, some of the fences and gates of Hainanlt Forest being nut of repair, the plaintiff was em ployed by the Deputy Steward of the Forest 'to do the necessary repairs, and for this purpose he was authorised to cut down some timber io the forest, Which he did accordingly in the month of October last, in the most public manner, drawing the timber to his premises, for the purpose of -pre paring it for the object in question. The defend ant, not knowing the authority which the plain tiff bad received, discovered the timber on the premises of the latter, and, supposing it was stolen, went before,a Magistrate,' named Layton, and laid an information against the plaintiff for felony, and under the defendant's representation of the case the MagistrAte was induced to issue his warrant for the apprehension of the plaintiff. The defendant directed the officer, who was en trusted with the execution of the warrant, not to apprehend him until six o'clock on the following morning, when he himself could be present to see the plaintiff taken into custody. The plaintiff, under these circumstances, was apprehended in the morning, about six o'clock, the defendant being present, and taken before the Magistrate, who, bearing the plaintiff's statement of his case, dismissed the complaint, as being perfectly ground less. The defendant insisted that the Magistrate should detain the plaintiff in custody until the case was represented to the Commissioners of Woods and Forests ; but the Magistrate rejected the ap plication. Under these circumstances the present action was brought. IVitnesses were called to show that the de fendant bad reasonable and probable cause for the .act complained of. It appeared, however, that almost all the witnesses were friends of the de fendant, and hail assisted - him in pulling down the plaintiff's shed, which constituted the subject of the last action. Mr. GURNEY replied on behalf of the plaintiff with his usual, ability. The Jnry;bafter hearing a very eloquent charge from the Learned Judge, found a verdict fur the plaintiff.—Damages, 5001. There was nu case worthy of notice in the Crown Court to-day, the business of which finish ed this evening. WESTERN CIRCUIT.—WILTSHIRE ASSIZEc. SALISBURY, JULY 29.—The Assizes closed to day, when, in addition to Robert Watkins 'the murderer, twelve persons received sentence of death ; but none, of the twelve were ordered for execution. One person was sentenced to be trans ported for life, and two fur 14 years. Mary Tilley, who was charged with the murder of (I, r bastard child, was acquitted of the murder, but found guilty of concealment, and was sentenced to I we've months' imprisonmen►. Several others were sentenced to short imprisonment, and six were acquitted. The case of John Webb, whose trial for forgery is fully reported in our Paper of Th u rsd a y, was, upon further consideration on the part of the Learned Judge, reserved for the opi nion of the twelve Judges. DARING ROBERRIES.—Hai:kney and Kingsland still continue to be infested with darin! , gangs of robbers. On Wednesday morning, about eleven o'clock, as a youth was going down King's toad (commonly called Dirty•lane), Kingsland road, he was knocked down by a short thick set man ; a fart ier, who lived close by (which the villain did not seem to be aware of), hear ing the boy cry out, went to his assistqnce, but unfortunately the robber escaped.—On IVednesday night following, about half-past ten o'clock, as a gentleman was crossing Ilack ney-fields rather intoxicated, he was knocked down by a gang of right or ten villains, who rice:l(ll.'lly hint by beatin4 him with bludgeons, Btc. The Gentleman had a large cut over the eye - with one of the sticks : they robbed him of his watch, and about five pounds in notes, and some silver. —Yesterday morning between two and three o'clock ! the house of Mr. Whittingham, grocer, opposi/e St. James's Church, was broke open and robbed to 'a great amount. The family retired to rest at a late hour, after having care fully fastened all the doors and windows. On the robbery being discovered, Pepper, the con stable of St. James's was sent for, who, on exa mination, found that the thieves had made a pas sage for the admission of a boy, near the kit• chen-window, and who must have entered and admitted the thieves by unbolting the (loots, which were all found open. They robbed the till of all the money, and attempted to break open a safe containing property to the amount of 500/ , but fortunately failed in thvir attempt ; they, however, made their escape with a handsome booty. A watchman's box is exactly opposite the house, DREADPUL .ICCIDENT ser i ' On Thursday eve n i ng l ast , one of dose, , b e dents which to o freptently occur thr n "P ' ,ear furious driving an d misconduct of stage-co ach " took place in the New-road, under the follow ' circumstances lieor s, Two stage coaches, th e one b e l o nging to 0 1 Morrison, and th e o th er to S a l mon and B i t 0 the New Ro a d, we r e o b serve d runn ing W ri 7 b r a most furious r a t e , rac i ng aga i ns t earl' (i r i v il op on their return hom e t o L on d on ; o n t heir ar , near a turning, the coach belonging toe ir/10 and Bull got rath er a -h ea d o f t h e ot her, "4, tv coachman, in an atte m p t t o p reven t hint o o t found first, drove his horse against the (nb er d 9. oo brewer's dray w a s p ass i ng b y at t h e t ime, " w i t h wheels of the st age coac h came i n c ontact t h at the wheels of the dray with such violence' the dray was compl ete ly overturne d, soh t hat the shaft-horse l a y some time on his " a c ot the stage coach was overturne d with' gwretg violence, and th e w h o l e o f t h e passen ger s d ,o, precipitated from the t o p of the coacht.",, l4 l, with those inside, w ere dangerously • and were t a k en h ome i n a shocking s s dit.on. The coachman, and a lad win 7. te t r sitting on the box, wer e t h rown off, the was thrown several yards with much violen ce 'ilr, injured also. O ne o f t h e h orses belonging t°,,,clf James Morrison, whi c h was attac h e d to thec b with others, in th e t urn i ng over o f the C ° "" i b; came against the dray, and was thrown ground with the most tremendous violence a~, killed aeon the spot, and the coach was nnie'„"t aft waged. Several persons n a rro w ly ware" with their lives. Yesterday morning Mr. Martin, nernu e ,",,o, Parliament for the C ounty o f G a l way , ed who, together with his groom, narrowly es c3P v with their lives thr oug h a s i m il ar occurrence' 0 ,1 feuded both at Hatton Garden Police-olN ee Marlborough -street, to know what mode he ce' l l be purple in punishing the parties who drove above manner, as he was determined, it lu" s} elr to make public exam pl es o f them. He a that he was ridi ng a l ong t h e New Iloildf,-„ci very spirited P ers i an p ony , wh i ch t h e f r ' o s Regent had made a p resent to hi m, an d b e . 0 0 followed by his groom. Two sta g e co aches d i r be rt along at a most furious rare against each t o which startled hi s p ony , anti they still 101).,,„0 their pace. On their arrival near him h e o il caught between b ot h coac h es, and, i n f ac t, 11 , e , his groom were n ear ly k li e d . H e w i s h e d t° hi. t he how they mi g ht be brought to justice, f °r public safety. e Mr. Dyer, the Magistrate, told him Ohio Act of Parliament Was ineffi9ient to p ttois a ,i t 4 coachmen who drove the coaches, and the P ar o ch connected with th em genera ll y acted withlest cunning as to eva d e t h e en d s of justice, 111' the coach and coachmen were well known. hat Mr. Martin s a id, i t was a sharequl thing -IA such nuisances sh ou ld h e su ff ered. Ile ibyl,tiglif there should b e a S o li c i tor to eac!i Off i ce to ,if them in order, and h e wou ld certa i n ly his business to s p ea k to Lord Sithnouth - subject. i'ecg Mr. Dyer said, th a t i t certainly was a s"l e , worthy of attention, an d Le was haßpy I," un 'of stand the pa r i s h o f M ary -l e• h one were uslng erC exertion, and had employed certain officers , ") ite press such dangerous circumstances, %illi cit 0 himself had the p a i n o f w i tness i ng every ").' the imminent danger of the public. cti Mr. Martin quitted the Office with the 51 111 e termination as he entered it.—(British Press') Hose FLlES.—These troubl e s ome lith T e h sects may b e e ff ectua ll y d estroyed without i use of potion :—Take half a tea spoonful of b pepper in ponder, one tea spoonful of b i l i o sugar, and one ta bl e spoon f u l ofcrram, i» 74 1 ;1 1 well togethe r , an d place them in the rt)ofn °off plate where the dies are t rou bl esome , or a l will soon disappear. COAL MARKET, JULY 30. Ships at Marl:et. Ships sold. 'ince gil , 64 Newcastlo. . . . .61 . , „ 21 Sunderland l7 32g. ad to 4 0 „ 04, I Cannel' Coal At Perry-street, Nortlificet, Mts. Macleod Robit" °itP of tkitLgliter. NIARVIED. by the On Thursday, the 29th instant, at Croxton Church , Rev. G. A. Itro‘stie, Fellow of Trinity College, the lie Henryvutt Elliot Graham, of Hendon. NI iddlesex, second g r;bter the lute Aaron Graham, Esq. to Eiji:Meth, eldest di !!,:;-' 6 ,04 of Sit George - Leeds, hart. of Croxton Park, in the of Cambridge. DIE 1). , Or On THesdav last, after a few days' illness, at DiePP"'ol l Re.r, Robert Mark Delafosse, widow and family were in hourly expectation of h ig . re clA ing home in health, when they experienced the meld r of Richmond, in SurryP tu rte and afflicting shock of his lifeless corpse being 1 .1,,,,b0 0 Brighton on Thursday, attended by his eldest son, wit h he had been making wthree weeks tour of France. __ t o LONDON: Printed by 3. B. CARSTA IRS, ut ISt , 29 ' iv, e A." Ornimici-Atrect, Queen-silurive; and published SCRIPPS, of No. 7, South Moltoo-street, at 1,11 6,, , ,e1 oitice, No. 114, Strand where tlitr : citisementip Lyme:is, Sce. (post-paid) must bc aliirosed. ;` .2; I *(4 tUf:, .1 10 1 , 1 tar A tA e %At 1 -...., ..i 4 . ; . ?fee *,,, _ 7 . 1 / 4 14 1 :? 9, 1 P 543,4 c 4 ,ty (e 4: 4, Irk< 3) ( 1 ' \G-.' ki [ IJ a 14g4 ,trt „ 6 . • 2 , ehij :.; OURSE - OF EXCHANGE, FRIDAY, duo' 30,- Amstet dam Ditto, at Sight Rotterdam ll 16 q op of Antwerp II ISE:,z.' 44 (4. Hauthorgh 35 8 I#. Altona CP Paris, 3 Day's sight 25 0 i ll,. Ditto 0 1 Bourdeaux, ditto Frankfort on the Main Madrid 3 61 . k gstec t4 : Cadiz . Stii r ., e ,nt Bilboa ' stif x"' Seville Gibraltar Barcelona Leghorn @OS Genoa.. 45 -Venice, Ital. Lir 26 Malta. . ..50 -Naples ...... Palermo . . I Ita Pe r Lisbon 1 Oporto . Itio.hmeiro Dithlin.... ..... 15..... C0rk..... la per Ceut. Agio of the-Bank on Holland.... 2 per Cent. BULLION. 0 0 Portugal Gold, in Coin 1..3 IS 0 P er New Dollars 0 5 4 _,./