The Sun. — London, England, 1819-08-21 00:00:00

- LAW INTELLIGENCE. COURT - OF CHANCERY, AUG. 20. THE BEDFORD CHARITY. The LORD CHANCIILLDR, adverting to this case. which stood for judgment this morning, said, that about live minutes before he came into Court, a petition had been presented to him on the part of the Trustees. He had not of course been able to read it, and must therefore postpone his judgment ti!; to-mot row 1110111 i g , as he'would read the pe tition this evening. INFORMATION By THE ATTORNEY-GENERAL. TIIR CoMMISsIONERS of/ BANKRUPTS V. BRUCE., This was the Petition of Mr. Wrottesky, Mr. Diutiy, and Mr. Iptw, praying his Lordship to lOltiMit the BEtUkrupt to the custody of the War den of the Fieet Pii,oo, for a contempt, or that such order might be made as the Court might think case hat been so often before the that a very brief report of the proceedings 'wil! suffice.] _ _ Mr. CULLEN having been beard on the part of the Commissioners, and Mr. Mortiaoua and Mr. BEALE', on behalf of Mr. Davis, who was also,in chided in the prayer of the Petition, and Mr. Bruce for himself, Mr. CULLEN replied, contending that no answer bad been given to the Petition; that the Court was here imperiously called on to support the au tbnrity of the Commissioners, and thereby ensure regularity in future proceedings in cases of back= ruptcy. A Gentleman, a friend of,Mr. Bruce, sail, that be (Mr. B.) was extremely sorry for the impro 7 prie:ies he had fallen into. lie had never enter ;ained an idea of AiVing personal oftnce, anti was willing to submit to any order the Court might, under all the circumstances, think proper to make. The LORD CHANCELLOR, in giving judgment, said, he. hail given the fullest consideration to this no. extraordinary case. It was One of great im port ante, as it related to the liberty of the subject, and to the. 'administration of justice. Mr. Bruce ti,Ul not denied' the allegatiOns contained in the affidavits of the CoMmissiotiers, nor had he been able to - justify himself for what he had done. His Lordship would have given judgment long since, but that had been delayed by the conduct of Bruce, who hsd instituted too less thau five bills of indictment for perjUry—three against the Com niiisioners, one against the Solicitor, and one against the Messenger. IVltatever his Lordship's opinion, respecting the propriety or impropriety of instituting such'proceeding under such cirdtim stances, might be, his Lordship's respect for the law would preclude him from making any obser vations on it, until a July bad set the question at rest. His Lordship expressed his regret thAt the Grand Jury bad not been more competent to judge of the weight to be attached to the evidence adduced to the filing 'of the bills of indictment in questio' ; fur he was sure if they had been, they would never have found true bills against the par ties. The Commissioners bad expressed their duidsts as to whether they were competent to Com nolo f o r contempt, under the circumstances, but 'if the indictments in question bad 'not been pre ferred, he would have put that' question at rest, for he would have applied to .Parlisits entfor some legislative measure on the subject. In conclu sion, his Lordship said, " Looking at all the facts Of the case, and - considering - the extraordinary Conduct of Mr. Bruce, I shall order all the papers to be laid forthwith before his Majesty's Attorney- General, fdr him, as the LiSsitiOffieer of the Crown, to take such steps as he shall think proper in re spect' to them." ASSIZE INTELLIGENCE. BRIDGEWATER ASSIZES, AVG. Is. VIOLENT ASSAULT. VALE C. O'BRIEN AND SIMPSON. Mr: Serieaut Pat.t. stated, that this was an action brought against the defendant, Captain O'Brien, an officer in the navy, for a most out .rageons assault. The plaintiff was his servant. In March last, a quarrel took place in the kitchen. Mr. Simpson, use other defendant, was at this time residing in Mr. O'Brien's house. The latter thinking that Vale had conducted himself ill, or dered him out of the house. This was about 11 or 12 o'clock at night. Vale insisted on his clothes and his . wages : it may be that this was done for the purpose of inflaming his master ; and certainly I admit readily that Vale in this may have behaved ill. Much allowance, how ever, must be made for a person who thought himself injured in being considered as more gui!ty than his fellow-servant. Mr. O'Brien, in order to remove Vale front before his house, where he persisted to continue demanding his wages, seta for a peace-officer. Unfortunately this wise resolution, solely to be guided by the prudent euggeitione of the law, subseiiiiently yielded w the irritation of the moment, and subjected Mr. O'Brien to this prosecution. Brooks and Filer, two peace-officers, attended at the request of Mr. O'Brien. The prosecutor continued too obstinately, most assuredly, to keep his situation, end refused to retire. At a moment :vlien Vale stood altogether unprepared for any such violence, the defendant struck him a blow so violent, so dreadful, that he snick to the ground in a state of insensibility. Horrible, indeed, have been the consequences of it A fractured jaw, a concussion of the. brain, leave this young man a dreadful object, a decrepit burden on society, a creature maimed in body and intellect. ' Should 1 he entitled to a verdict, what can be 'said as to the damages, but that they ought to be such as shall enable him to drag through the date of existence which remains to bins, (for - life it never can be termed, where idiotcy and helpless ness must for ever depress his energies both it eli tel and corporal), with the least irksomeness to himself—with the least derOand ispon his friends. The learned Serjeant then called his witnesses. Thoooss Brooks—ln March last 1 was sent for to Me. O'Brien's. It was 8600 half-past one . in the morning. Vale was the., standing before Captani O'Brien's house. in the road. I went into the houie: 6 I.li'aikert the it 1 was the e-n -sttsble, end insisted on my taking up Vele. I said, Call tuts take Lim up, Sir, without paying Liu' his wages I He said, Mr. Simpson and I intend to swear the reace of him. Brown, Filer, end I, then went to t aketim, as I thought, but Mr.O'Brien said." You three won't be able to take lom, so you had better take us with you."- When we got into the road, I said to Vale, " Mr. O'Brien sent for pie to take you up.' He Said he had done nothing to be taken up for ; but if 'Mr. O'Brien would pay him his wages, he would go. He was still very civil and quiet ; he said he had more clothes in the home. Mr. Simpson asked what things ; and O'Brien sent in for them, and put them into Vale's box, and locked it. lie then said he would go peaceably and quietly if they would give him his wages. Then the plaintiff gave up the key to his master, and said, " Yon have been a very good waster, Sir ;" and Mr. O'Brien said, " You have been a very good servant:* He, however,, still said, he would not go without his wages.— Mr. O'lltieu insisted that we should take hint up, and have him before a Magistrate. We then proceeded to take him up, and drew Up towards him. Plaintifff — dreW back a few y3rds, and said, " You five shall not take me, for I have done nothing to betaken up for." He then made a step or two forward. At this moment bir.O'lßriett struck him; it was with a stick nearly as large 'as the small of my arm, ab6ttt two two tees long. fle'strtickAtim on the head. Vale fell. O'Brien was doirn on his body instantly. Simpson held his head, Wbilst O'Brien tied 'his hands. Vale said, " For God's sake, do let meket up, or pull your fingers out of my eyes." His hands were tied over his chest. O'Brien said, * 1 Fetch the cords." They put the end of the cord be , ween his legs. James Brown took one arm, O'Brien took the other ; when he got op he was able to walk, brit he'said his head was very bad ; we led him nettily a quarter of a mile ; as be went • • • along he_romiplatned of his head ; we wean after. wards to Wells • ; 'we took hint to the Globe; we had him into the It itchen, and then let hint loose ; it was about four wiles he walked. Cross-examined.—Captain•O'Brien did not say ,any thing' to' me of Vale's conduct being violent before 1 eame. Vale is not more powerful than any other man. Vale tnaile use of no such etc pressions as—that he would cut iris way through a dozen of us. When Vale advanced, altliongh it was in a direction towards us, it was nut at all in a menacing posture to Captain O'Brien ' ; indeed, he rather drew near us titan ;him, as Captain O'Brien was on one side. Wi'ban' Yorke'keeps the Globe at Wells. Vale . was very ill indee d. I got hint a cup of tea, hut he could not eat any thing'; he coniinued with me lrom the 17th of March till tha26th of May, or rather to the middle . of June. I-le was attended, teight and daY, for three weeks by nurses and con stant attendants. Mr. 9 1 1.itien would not pay'the bill. Vale gave me what money he could fOr niy attention. Mr. Sweeting, snrgeon, called in to see Vale. Found him seated in a settle, his eye black, a wound on his neck, and blOod on his clothes. He complained of dreadful pain in his head. The fire was fr actured. There was likewise another in jury, Which I feel justified in considering a con cussion of the brain. Such was his appearance when I first saw him, that Ilhought him mad. I saw Mini surrounded with persons, whom I thought . to be his keepers, and 1- took his incohe rent account of what had happened'as a proof of his insanity. He complained of great pain in his head and of a sickneis on the stomach, the usual consequence of a concussionorthe brain ; violent starlings, delirium; dreadful symptoms, in short, appeared, and he continOel'extreinely ill whilst attended him, which was for six weeks. .1 con = sitter him still (and 1 saw him this mon - dog) as in a very deplorable state of health. The Wild'look, Which I mistook for insanity; is oftenri symptom attendant on the concussion of the brain. Had his jaw been broken before Air. O'Brien gave the 4)OT, it would have been impossible for hint to have had the conversation he is reported to have had with the constables.,'. Mr. Mootte, for the defence, stated, that Vale ha.i behaved with . such violence on rite 'day of this accident, that Captain O'Brien was fully justified in insisting on his going away. Captain O'Brien told him, that on his accounting for the plate, and sick things as were intrusted to tam, be would pay him his wages. The plaintiff, however, refused to go without them, or to retire to bed for the alternative was proposed to him. Alter some hours' altercation the plaintiff was induced to leave the house, hot immediately returned ant) attempted to force the door, which, as it had no bolt, the defendant was obliged to hold against hint with main force. Finding he could not induce Vale to leave his premises, thedefendant sent for the petee officers, Air. Moore insisted on dept. O'Brien's right to prevent "Vale's letup after he had once been turned away, as it was admitted that he was and urged that the sending for the peace-officers was a proof of the propriety of the defend'ant's intention. Mr. Moore concluded a most able and ingenious address to the jury.' with calling Anne llecle, who was•pruceeding - to depose' in what had passed before the viOlence in questlon, when such evidence of what had • preceded the constable's arriv . al was objected to. The assault 'could not be considered' as a continuation of 'any former violence after the evidence which' the con stable had Raven, that on his corning up he found the plaintiff most gentle and peaceable. It was held that the'eiidence - was not ashnissi , . hie, except in Mitigation of damages. Mr. 'Justice 13ssr, aunderstanding at this period of the causethat an agreement had been . come to between the parties, that a verdict Shcitdd be taken for the plaintiff tor 2601., declared that he agreed in thinking nothing could justify this violent . as sault. •dict (by consent) for plailltiff-Da mages 2QOI. MAD DOG.—On Wednesday last, as R Gentle man of the name of Jones was going towards Hounslow, he was overtaken by a bull-dog, which he has no doubt was 'mid; it bit at his coat, and tore a piece out ; proceeding- on, lie snapped at several other persons by Smallberry Green, and bit a poor woman's finger nearly off; keeping on at a great pace towards Isleworth, the annual molested several otherpersons, but we nave not heard of his doing any ivory. The wo man was taken to a neighbouring surgeon's, where she received every assistance. ITALIAN OPERA HOUSE. W ATEItS v. TAYLOR. Bow-STattET.—Yesterulay was the first direct appearance of the above long litigating parties, at this Office, although various charges, arising out of their disputes have been brought to the Office. Mr. Waters, at the commencement of his gaining possession of the Italian Opera, was brought to the Office on a charge preferred against him by Mr. Williams, who was then Mr. Taylor's prin cipal door-beeper, for assaulting him, by forcing him out of the house, in order to gain possession of the premises himself, and a warrant having been gramed against Mr. Waters for the same, he gave bail for his _appearance at the Sessions. Yesterday, we believe, the parties appeared in propria persona, for the first time since the com mencement of their long-contested legal disputes. On Thursday, about twelve o'clock, Mr. Taylor, accompanied by Mr. Tarant, his Solicitor, Mr. Harrison, the coal-merchant, who was Treasurer of the Italian Opera-house during the manage ment of Mr. Waters,' appeared, when Mr. Taylor addressed Mr. BIRNIB, and stated, that he had been most violently attacked by a man who made most horrid threats against him, and by his ges tures, also said he would do for him, he would have him, &c. ; that he considered himself to' go in bodily fear, and that he considered his • life to be in danger front him ; he described the person who had thus attacked him, and he had received the threats from, to be Mr. Edmund Waters, arising out of the following circumstances : The parties passed each other in Queen-street, Windmill:street, Mr. Taylor on foot, and Mr. Waters in his carriage, without taking any notice of each other ; Mr. Taylor pursued his course on foot down the Haymarket, on his way to Pall-mall, tit dine with the Chevalier Ruspini, in Pall-mall ; he haul occasion to 'stop at Mr. Adams's, coach maker, Haymarket, where the attack and threats of Mr. Waters took place. Upon this statement the Magistrate ordered Mr. Taylor fo'havera peace Warrant' ag,ainSt Mr. Waters. Mr. Taylor, in re lating the particulars to have the peace warrant made out, it turned out that the charge was for an assault, as well as' for a peace warrant, Mr: Taylor stating that Mr. Waters had Seized him violently, and held him by the Coat for some time. A, warrant was in consequence issued for hot} charges. After Mr. Taylor had finished staling his case, he requested that Mr: Waters might not be taken into custody af bight, so as to put him to personal inconvenience ; which request he was promitied should be attended to, and Bishop, the officer, was entrusted with the execution of the warrant. Twelve o'clock yesterday was the time appointed for hearing the charge. At a quarter before 12 o'clock Mr. Taylor, accompanied by Sir john Ladd, • Mr. Tarant,'his'ittOrtiey, and Mr. Harrison,'his late treasurer, were in atten dance. At 12 o'clock Mr. IVatera entered. Bow street in his chariot, accompanied by Mr. May hew", of Great Marlborough-street, when he.sur rendered hiniaelf tdßitihOp, the 'officer. The par ties were accommodated with seats near the Ma gistrates' bench., On Mr. STAFFORD, the Chief Clerk, reading the warrant upon 'which Mr. Wa ters was.hrotight to:the OffiCe, 'on the charge of Mr. Taylor, the Magistrate desired that the par ties might take their stations as in common cases Of assault ; they were accordingly placed in the fOont of the Magiitrates • tahle, when Mr. Taylor began his statement previously to his being sworn. He said he had been attacked most violently by a man who bad injured his character, and Seized upon his property; and he was at a loss to know What more be wanted with him, except it was his life. He was desired to point out the person who , had acted thus towards him ; when he (pointing to Mr. Witent; who stood very near him "said, " That is the man, Edmund Waters." The Magistrate desired that Mr. Taylor should be sworn, which was done. Mr. Taylor then deposed, that on Wednesday last he had an appoiritment . with Sir John Ladd, at . Mr. Adams's, the coach-maker, in the Hay= market ; and just as he was entering Mr. Adams'i coach warehouse, Mr. Waters attacked him, by calling uPon• him to tell his 'mime ; to which he replied- - --" You infernal villain ! you know my name as well as Ido myself. What do you want with me now ? Have not you got all •yon can of me ?" Mr. Waters . answered lie would do for him; he (Mr. T.) then proceeded into Mr. Adams's premises, to meet Sir John Ladd by appointment. On his coming out, he found Mr. Waters was Waiting for him, and" his noise bad collected a number of persons about the premises, to whom Mr. Waters pointed him out as being a prisoner in the King's Bench, and that he had broketi out of the PriSon. After some altercation, Mr. Wa ters seized him (Mr. T.) by the coat, and threat ened him violently, and he expected Mr ; Waters would do him some bodily harm. On Mr. Waters being called 'Upon to answer the charge, he denied assaulting Mr. Taylor, but a& milted he might have touched him. Mr. Taylor was about to call witnesses in sup port of his charge, when Mr. Blume retninded him of its being unnecessary; as he was not trying the case; he was only investigating it, to asceic tain it it was proper to send it before a Court and Jury to try the question. He presumed Mr. Wa ters was prepared 'with . bail. The Magistrate observed to Mr. Taylor, he thought the assault was but a trivial matter. Mr. Taylor, in reply, said, he was not . a man capable of grappling with Mr. Waters. He had some difficulty •in extricating himself from Mr. Waters when . lie seized him and held him by his coat, and he thought he would have thine him shine .. bodily injury; he now thought his lite in danger. He added, he conceived the Magistrate did not believe what be said. Mr. Blasts, the Magistrate, in answer, said, if he had riot believed him . , should not have Called iipon'Mr. Waters to find bail to answer to the charge. This appeared to appease Mr. Taylor, who said, he thought it'absolntelynecessary that he shoul d have ieemity against any future personal attac4s from Mr. Waters. Mr. Mayhew, the'Gentlenian who had accom panied Mr ~ Watersto the Office, offered himself as" one of Mi. Waters's bail. Mr. Taylor objected to this, observing, that he thou& him - a bad wan, aorl baviu6 (nice told bun a falsehood, be b,,Atl Fl7lcF th on g " ifell of him since. p l Mr. Mayhew repelled Mr. Taylor's ioSinuattb.. against him with much indignation and %:Illrkm;),% , Mr. Taylor called upon the Magi§trko ! CP ' 7 ,10. if be had.any thing more to say to bilg, ceiving a reply in the negative, .:4.o he b the Office, accompanied'hy . bi s friends. 01 . 5 Mr. Mayhew, and Mr. Lees, the princill vi eto nager for Mr. Waters at the Opera tiplpc , ',;,i. then admitted bail for Mr. Waters, for his 0 . 1 3 1 ) 14 ii ance at the next Middlesex 'Sessions,•o3 the charge of Mr. Taylor. met Previous to Mr. Taylor'sleaving the 0.1-7 1 . - t jits said, he was a very old man; and could P° ro the many years longer; but `be shOuld not like by the hands of an. assassin. Mr. Waters admitted that be hod aft ,4 mistake, not knowing that Nir. Taylor 110 S .! t l ei $ the Marshal of the King's Bench Prison, -04 obtain a release troin being in his custody, gr , s 4 be was very glad to find since was the WC° would be a good thing for him. THE AIRTHRIE WHALE. 1 4 No circumstance has occurred for Wall - 1 s # l6 so highly interesting in Natural History j a to t discoiery of the skeleton of the Whale, Whirlantle found the other day at Airthrie. This 0 - 01 animal, which must have been one of the ilf t het of its tribe, was buried in the soft mud cs ,' d oi i Forth, and covered over with a thin couunishee mossy soil, which, by means of draining sod °t ,if , agricultural improvement, is now in the prorg. of being converted into highly valuable arba:ia land. It is to this improvement we are iod e t . ia for the discovery of the skeleton, as it vi „ l letF deepening a ditch that the workmen of 54- 1 1 0 1. Abercrombie discovered the bones. The C g c cr• lion of so . large a body would have led us are pect that some slight protuberance wo uld ' at marked the spot where it was laid. Th is :', l e r the case, however, On uniform flat surfac e did tended all around, and, if ever its gra y ! , If marked by any undulation at all, time, tUa. ' mighty leveller, has completely worn it ou t ' o tt Since the discovery of the mammoth booeso/1 t*Phio, we know of nothing in Natural liistdir at all to compare to this ; and to us it is rePisjOlf ed more interesting, as . it proves, that en 0,,i 01 0 the species of which, we presume, we are si" o ld acquainted with, lived in a situation which 100 not have been accessible to it,•at-any pet its' I - the commencement of the Christian era. 01 The situation where it lay was within ti f ria i short distance of Dunmyat, that hill which ° ,, i ed so prominent a feature in the landscape, as b 0' f from Queen-street, about sun-set. It it. au° oo mile from the Forth, and that maoy miles el e ct, the point, at which it becomes afrith. . In ~ii,lo in its nearest neighbourhood, the river is 5° ' t oil low as to he fordable at low Water, and t i c) .ol circumstance the direction of a RoMan fOa t ' / 0 be attributed, which Crossetithe riiter"liesi, spot, and was protected by a camp Orf° l 'ioi: which was established on the NOeth Bank (1. Forth. ~ ,bl, These well•known circumstances are vai,t/-00 data upon this occasion, as they afford us l u t iog potable proof of the Forth having fl owed °toile, time in the same channel it does now, and 0 14: that the banks of it must have been of r ;44 51 * consistence, ere they would attempt w le oll- fat• across that part of the country, or establish a iliv i • tress in the midst of a swamp. This eoul ci*S tA tion we know to be a process of time ; anr i , ‘ s ir, period when the industry and ingenuity o f 7 .; d kind bad not yet suggested the a dvautaglte draining, we may readily .believe. that the m oll mans found them, in respect to firtnoesaf ~:iiii‘ in the same state they now are, conseque"7jitr is to some period much beyond, that of hist?? it which the mind must wander, in the vain e s , - "t' 6 of forming a conjecture as to the time A b e tide, base of the Ochil Hills was washed by th e and accessible to the inroads of this. root ) "' - ie the ocean. ' The discovery of this skeleto° Tilt; all question upon that fact beyond a doubt., iiv itir finding of a few oyster shells in this kind 9 1 : -4. a circumstance' of very common -oceurreaW il ' forded room for speculation, but now nO til-flto tion can be entertained as to the fact °log sea having covered the whole of this distriCt ' after the creation of living animals. O Ol5 - . learn that some single bOnes of t he . iii . ct sre::. have been'Occasionslly fOund in the (11041 of ti.e Carse of Falkirk, and Ave hOpe . tc l ni eja' more infOrMation on the subject 'shortly i . '.";kele' time, we may observe that the only other, :..'cie ton of the whale tribe, found under sin . .lh s , i iiti, cumstances, that we know of, is one w hir , es ter discovered in the alluvial soil of the Po, at '.„ 7 5 "or Arquato, near Piacentino, where the retoaL" s it• two whales were dug up. They are both derivii• ed in the museum of the Councill - Of Woes a c aiti lap, and were sent there by Beaubarnois, .‘"liiie Viceroy of Italy. One only is in anith i l 'ad a state of preservation, the head 'end righ; J./ or' are entire, several of the ribs remain, 8 1111' " 1 , d . 0 11 41 ticulations of vertibrm, but its length is ''O'''' n 'alf third of the Airthrie skeleton, as it meastei n );l o 21 feet. Two other skeletons of thivtrueri tribe are exhibited in the same place=-x' l1 17 ' in the illuVial'soil of the Po. From the appearance of that country, 11° „,, & A 5 it "; 0; can be entertained of the sea having once ipti a mach higher . level. The enormously- 101 1. 1 40 5f variety of shells which Occur in v arious r we' now removed tar inland, and far above th e i rt aig sent level of the Nlediterranean, will not P f i is' of a doubt on this bead ; but, that that 1 90, tended somewhat beyond the limits of 1411 seems to be somewhat con fi rmed by 'chits. e -00 discovery. ucieto6 We learn that the spot on which the 9 , - ,i g tre: t was found, is exactly 20 feet above ll'e,''„Te ye level of the tide in 'the river in its IMlll e".. ciet e cinity. It has been accurately levelled b.f .° ' o rd tific gentleman of Edinburgh. The boo" n ow exactly five feet tender the 'surface of 'beg r-3th, and 221 above the tide on Thursday tie.,,ii q which, though a spring tide, was not 60 111 OW 4 feet as it has been occasionally kno , c9 1 ' ) - i 1............... (4 (V S'S LONDON: Printed by J. B. c.tasTAlßs of Nu: ~,' sV.:,;; i Ormond-street, Queen-square; an pu blished ,7. 1 0 1 " " SCRIPPS, of No. 7, South Alulton-s-treet, •at .- 00" - . Office, No. Ile, Strand ; where Advest6 e mentit • Utters, &c. (post-paid) must L 3 aliircsacci. 4 erin A Orte6, eben fitt,, - tb ( 11 1% Ste., T, II; kss li„ ,t,, t r ,~ ,