The Sun. — London, England, 1819-08-13 00:00:00

LAW INTELLIGENCE, COURT OF CHANCERY, AUG. 12. THE LOI;D BISHOP OF ELY r. LORD KING. The ATTORNEY-GENERAL said, that he was in orncted to ask for the judgment of the Court in this case. The LORD CHXNCELLOR said, that he should endeavour to prcpaie to give judgment to-ruor -30%V. IN THE MATTER OF STEVRNS, A LUNATIC. To this case, which related to a Commis ,ion of Lunacy, issued against a Gentleman of respec tqhility, and which had been fully argued before the Court, The Loan CHANcect.on alluded and observed, be should be prepared to give his decision on Sa turday; but that, in the interval, he should be glad to have an opportunity of consulting the medical gentlemen who had attended the lunatic. GORDON V• GORDON. The different persons interested in this long li tigateil ettse, attended the Court this morning, in expectation of hearing the judgment, which had been promised to be delivered to-day. They were disappointed, for the Lulu) CHANCELLOR postponed giving his decision until Saturday. THE BEDFORD CHARITY. At the request of the ATTORNEY-GENERAL, this case was ordered to stand in his Lordship's paper for next Tuesday ; not for the purpose of further argun►ent, but in order to have the judg ment of the Court for 'the satisfaction of the parties. The Court was occupied during the day in at tending to the arguments of Conri•ei on Bankrupt Petitions, which were nor of general interest. INSOLVENT DEBTORS' COURT, AUG. 12. Ralph Sandon (well known as a party impli cated in the famous huaX practiced on the Stock Exchange) was opposed on his application to he discharged, by Mr. Battey, on behalf of Mr. Za charieb Shipwood Brown, on the ground of hav ieg fixed his bail with a certain debt ; the Learn ed Coiiosel, however, being unable, in the eb sence of Mr. Brown, and the other witnesses, who woe expected to have been in attendance, to substantiate the fact, abandoned the opposi tion, and proceeded to oppose the it: solvent on eccount of John Peter Holloway, on twn points; the first, that the insolvent had fraudulently sold a galliot, the property of the opposing creditor; accent!, that the insolvent bed fraudulently dis posed of a cable to a Captain Watson, upon whom he 1. ad g iven the complainant an order for 1091. 7s. the proceeds of the cable, but that no sorb person could be found. Mr. Poeeoote likewise opposed the insolvent, on behalf of a Mr. Dawson ; as aid Mr. NORRIS, 1.1. Mr. Ftam:ie., Stayers. The debt said to he due to Mr. Holloway, not having been inserted in the schedule, the claim of that gentleman was made preparatory to his tl p r no ion. Mr. BAV2v proceeded to examine the insolvent. --Insolvent knew Mr. Holloway ; he had never o! a cable of kis in his life. In 1812 Mr. Hol loway purchased a vessel called the Herman, with the rigging, cable, &c. which was delivered to insolvent, and was in equity his property ; the vessel stood in Mr. Holloway's name, but did not bona fide belong to him. Oct the 20th of Novem ber, 1811, insolvent gave un order to Mr. Holloway neon Captain Watson for the payment of 1091. 7s. addressed to Watson, at the Transport Office, John's Cot Tee-house, or the Baltic-walk, Royal Exchange ; the money was to be received for the benefit of the insolvent, aed not for the private use of Holloway. The cable was sold to Captain Watson seven years ago; insolvent had often seen Watson at that time, but thought it must be seven years since he had last seen him, nor had he ever received the money for the cable. In the spring of 1516, insolvent was indicted by the city of London for a nuisance in permitting the vessel to lie before his premises on the river Thames ; the trial took place at the Spring Assizes at Maid stone, in 1816. At that time insolvent had re eptested Mr. Holloway to appear as owner of the vessel, which he declined, and insolvent was found guilty and was fined. The galliot having been declared a nuisance, insolvent was com pelled to sell her, which he did for 1001. Hollo way purchased the- vessel in the fitst place, and delivered it over to insolvent, debiting him with the purchase money. He had endeavoured (or thirteen years last past to obtain a statement of the accounts in vain, and when insolvent and Hol loway were confined in the King's Bench prison, for that unfortunate affair, (the Stock Exchange hoax) he had pressed it without success. The vessel cost 3801. ; insolvent had used it to build on, and bad erected warehouses on it at bis own ex pence, and for five years, while it was in his possession, had not used it for any other purpose. Cross-examined by Mr. IIEATU.—The galliot was bought by Mr. Holloway, with whose per mission buildings had been erected upon it ; the buildings cost 9001., no part of which.had been paid by Holloway. Mr. Peter Holloway was next called.—He said he knew the insolvent in 1812; a bill of exchange for 801., accepted by the defendant, came into his bands, which was returned unpaid.—Witness took a Warrant of Attorney for the same. A short time after Insolvent called upon him and stated, thlt a Dutch galliot was to be sold ; it WAS worth 7001., and that it might be bought for 3801. In solvent -made out an inventory of the rigging, cables, &c. as of 4001. value. In November, 1812, the Insolvent was indebted to witness about 8001. Insolvent lead surrendered in release of his bail to the King's Bench prison. Witness took a War rata of Attorney for the amount ; at. that time Insolvent gave him the order upon Captain Wat son for 1091. 7s. but no such person could be found at the Transport Office, nor at John's Coffee hotike. The bill of sale of the vessel was given to insolvent, previous to the iedictment at Maid stone, upon an undertaking given that it should h. re! urned ; it Wes so returned, although Intol vent had subsequently become possessed of it., end list disposed of the vessel, without any right to authority so to do. lu 1816, Sandon owed she witness 15001. and 5001. for which he had be. come his surety: Questioned by Mr. HE/mi.—When the witness applied to this Court as an insolvent in 1816, did he state correctly the debt due from the insolvent Sandon ? Mr. HEATH. —Look at the schedule ; you therein state that Sandon was indebted to you 8991. for money advanced to him although you now say he owed you 20001. but I did not swear to it. Mr. HEATH.—lint it was prepared probably with that intent tad von been (leaned entitled. Mr. BARRI' then CAIICd .10b11 Dawson, who said that he was a student in the Inner Temple, and preparing . for the bar ; hu said he knew the insolvent, who in 1816 consn'teLl bins respecting the indictment. Witness was then in the Office of Mr. Setree, an attorney, in Bedford-row. The COURT.— Were you consulted profes sionally ? Mr. Dawson.—Yes. The Couur.—Then your evidence cannot be received. _ Mr. Poitocx then examined the insolvent `on behalf of i\lr. Dawson. Insolvent admitted thai,, be had a model of a ship, which to a connoisseur was worth 1001.; it was sold to Mr. Brooschoff, in the King's Bench prison, for 101. ; it was sold, not pledged. He did not consider himself indebted to Mr. De Berenger ; he had been to America about two years since, and received a power of attorney from a person to whom he had lent mo ney, for the disposal of some property ; he had no estate at 13ermud4 ; he landed at Dublin when he returned from America, when some nit - ling articles he had on board were seized by the Cus tom-house officers. Mr. Crowder examined by Mr. PoLLOcx : Three years ago witness had• some conversiition with the insolvent, who said he had pledged the model of the ship for 10/. and wished to redeem it ; witness did not purchase it, nor was any price named as its value. Mr. POLLOCK. said, there was a debt of 1201. he must claim to he excepted on behalf of Air. Crow der, who with a Mr. Tapp had become bail for the insolvent, and in consequence of his (insol vent's) going to t\merica, the bail had been obliged to pay the debt. Insolvent examined by Mr. HEATn.—Ile went to America at the request of Mr. Crowder, and actually took charge of Miss Crowder, sister to his opposing creditor. Mr. Crowder examined by the CotrßT.—The insolvent accompanied his sister to America, but previously had declared that tl►e action was settled. Mr. Poeeock,—Should you have consented to his departure from England had he tint observed to you that the action was settled I.—Mr, Crowder : Certainly not. The Learned COMMISSIONER said, that the in solvent is sd explained in a great degree the point helots the Court ; it had indeed been partially contratte;ed, but unless it could be supported by other evidence, he thought the insolvent ought to have the benefit of the doubts that existed. Mr. Noaats next examined the insolvent, on behalf of Mr. Francis Stayers recollected a letter being addressed to his wife, in ,•:hich was enclosed a bill of exchange for 331. payable to the order of Mr. Francis Stayers ; he had receiv ed the money and spent it. Ile believed the bill was intended for Mrs. Sandon's use, and not to pay Mr. Phillips for an organ. Cross-examined by Mr. HEATH-Mr. Francis Stayers, was the brother of insolvent's wife ; he was at present on the coast of Peru, and was en tirely ignorant of the present opposition. Mr. Crowder was a cousin of Mrs. Sandon's. 'Mr. Crowder examined by the COURT.—The letter enclosing the bill of exchange was address ed to Air. Sandon, at witness's house. He de livered it to insolvent, who opened it and t6ok out the bill of exchange. [Here the witness pro duced the letter.] The COURT—FIow came yon by that letter. Air. Crowder (hesitatingly.)--I received it from 111 r. Dawson just n ow. • The Cou RT-.1.1r. Dawson, from whom did you receive that letter ? Mr. Dawson-1 will explain. 'Jut COURT —Sir answer to the fact. M. Ddwson—There appears to nit an impres sion on the wind.— 'Flu Couxl—Sir, you have no right to say what impression is made upon the Court. You, a candidate fur the profession of the law, ought to know better than thus to conduct yourself. Mr. Dawson-1 received the letter from Mrs. Sandon. Mr. \mutts here proposed that the letter should be read ; hut on the suggestion of the Court, whether Mrs. Sandon, to whom the letter had been traced, could be examined, it way dotted. Mr. BARRY declined making any further ob servations. Mr. PnLLocK said, lie w►+s instructed to dis claitn the imputation that had been cast upon Mr. Dawson. Mr. 1-IF.ATit considered that the puppets that had been that chy raised to oppress Mr. Sandal), originated with Mr. Dawson. The Learned COMMISSIONER observed, that the respective cases had not in his opinion been suffi ciently supported ; he must therefore pronounce the insolvent to be entitled to his discharge. ASSIZE INTELLIGENCE. SUSSEX ASSIZE, LEWES, Auo. 11. MURDER AT BRIGHTON. Edward Broadbent, a private soldier in the 90th Regiment of Foot, was indicted for the wilful murder of William ‘Vatson, a serjeant of the same regiment, by shooting him with a loaded musket, at the parish of Brightlichnstong, on the 29th of June last. This case produced considerable interest. When the wretched culprit was put to the bar, lie excited feelings in all around, very unusual on similar occasions—pity and commiseration. — He appeared deeply affected by a sense of his dreadful situation, and his whole demeanour was highly creditable to him, citnsidering the nature of the crime with which he stood charged, and the inevitable certainty of his ftite. When called upon for his plea to tl.c arraignment, he exclaim eti in a pathetic manlier, '' I am but too guilt;-- 1 ant it would be only adding more guilt to my conscience if I were to say other wise." _ _ Mr, Justice PARK. urged him to plead Not Guilty, and take his trial, suggesting to him the inutility of the course he had taken, if he expect ed any mercy. The prisciner shook his head, and repeated that he was guilty, and expected no mercy. Upon which his plea of Guilty was recorded. The Learned Judge, however, again intreated him to plead Not Guilty, and requested the Com mon Serjeant, who led the prosecution, to speak with and recommend him to retract his plea. The COMMON SERJEANT accordiogly conversed with the unhappy man, and alter a great deal of persuasion, prevailed upon him to take his trial. The. Jury accordingly being charged, Mr. COMMON SERJEANT (with whom was Mr. Norton) stated, in as short a compass as possible, the case for the prosecution. It will he recol lected, that the prisoner, having been put under arrest by the deceased, for some act of miscon duct, on the day mentioned in the indictment, be was liberated to attend the evening parade in the Barrack-yard at Brighton, and that at the mo ment he got at liberty he levelled his loaded mus ket at the deceased, and shot him through the body. The deceased survived about 20 minutes, and the prisoner surrendered himself the moment the melancholy occurrence took place. The fol lowing witnesses were examined to prove the case : John Shannon, a private of the 90th, stated, that on the 29th of June, the prisoner was con fined under arrest in the guard-house at the Brighton Barracks. Whilst tiitness was in the guard-roono he saw the prisoner priming his fit e lock. It frevently happened, that when a sol dier wanted to light his pipe, he flashed some gun powder in the pat► of his piece, tc► ignite some tinder; Out as the prisoner dhl not appear to he going to smoke, witness laid hoid of h►s firelock, and asked hint whether be was going to injure hin►seif ? He replied that the firelock was his own, and he was not so mad as to injure himself. Wit ness took the gun out of his hand, shook the powder out of the pan, and laid the piece down, at a distance of about four paces front the . pri soner. The prisoner never touched the piece mi di a non-commission officer came to take him to the evening parade, when he took his firelock with him. Examined by Mr. Justice Panx.—The powder must be very small to find its way through the touch-hole from the barrel of the gun into the pan, the touch-hole being very sara-tl. Thomas Vizer, private in the 90th, stated, that the prisoner was put into confinement in the guard house by the deceased, between eleven and one o'clock on the 29th of June. Witness saw him in the guard-house, walking up and down, in a very agitated manner, flinging his bands about in a threatening and passionate manner, and heard him say---" If I go to the evening parade this evening it shall be worse for Serjeant Watson." John Thomas, a private of the 90th, said, he had just lett his barrack-room to attend the even ing parade on the 29th of June, when he saw the prisoner coming out of the guard-room with his firelock. Witness was standing six or seven yards from him. The deceased was standing in front of the company, with his back towards the prisoner, the latter being at the distance of about three or four yards from him. When the deceased was in the act of turning round, the prisoner raised his firelock to his shoulder, and discharged it at him. The deceased dropped to the ground, and ex claimed, "My God my God ! I am shot."— The Serjeant Dlajor came running out of the guardroom, and asked, " Who was it ?" The prisoner answered, '' It was I, I am the man," and said no more, but surrendered himself into custody. Corporal James M'Cabe said, that be came im mediately to the spot after the gun was fired, and lifted the deceased up he died in about 20 mi nutes. Witness took the prisoner into custody, and on his way to the guard-room said to him, " Ace you not a to.rtible man for doing such a •, thing as this .'the prisoner replied, " I am not, for the Seljeant was always tyrannising over me, and I was determined he should not do it any more." Mr. Isaac Silcock, the surgeon of the regiment, stated, that he was called to attend the deceased ; lie died in 13 minifies after witness saw him. The bullet passed under the right shoulder blade in an oblique direction through the body, and in its passage went within three inches of the tip of the heart. The deceased must have been stand ing s ideways, from the direction which the ball took. There was no doubt it was the cause of his death. When each of these witnesses were examined in chief, the prisoner being without Counsel, was asked if he would put any questions to them, but every time he shook his head in a melancholy manner, and said, " No." Being asked what he had to say in his de fence, he said nothing, but shook his head in like manner. Mr• Justice PARK, in his charge to the Jury, said, it was always of great ilaportance - that the proceedings in cases of this description should be as public and notorious as possible, it being mach more satisfactory, for the purposes of justice, that the grounds upon which the Court and Jury de cided should be well known ; and it was there fore that his Lordship was anxious (lust the un happy man at the Bar should have the opportu nity of having his case fairly and impartially tried, by urging him to retract his plea of guilty. As there could be little doubt of the result of t%e case, it would hardly be necessary to sum up the evidence, still less necessary for hint to make any observations upon it. Without making any fur ther comment, it would be sufficient to observe, that the crin►e of murder consisted in taking away the life of another with malice aforethought.— There could be no other inference drawn from the evidence they had just heard, than that the plisoner was pay of such a crime. The un hahl►y man at the Bar scenic(' to have had a mind extremely seosible and iiritable ; and because the deceased, in the faithful .dischar4a of his duty, had put him under arrest, he meditated the fatal te%enge wLich ttui catri.cd into exteution, as de• tailed in the evidence. The catie ;.ras befoe Jury, and they would dispoae of it according their consciences. The Jury immediately found the prisoner and he struggled with his feelings i° P rese ru • rs- some degree of firmness during tl4e sole mn P ceeding which followed. to Mr. Justice PARK proceeded with diffi culty discharge the melancholy duties of his office, 011,_ the tide of his own feelings, greatly excited u the demeanour of the priser himself, frequent): on or ly paralyzed the power of utterance. Advertlit;', to the prisoner's unfeigned sensibility, be sa !` . by should not aggravate. the distress of his mio (1 ) for enlarging upon the enormity of the which he was about to suffer, conceiving that tl was duly impressed with a consciousness of dreadful sin he had committed ; but in die 16 5 linage of commiseration and entreaty, be [lr t g b - iii him to employ the few short hours left him world, in devout application to that Tribunal frog which which alone he could expect mercy. flis crime a ship pronounced the dreadful sentence, ants,-i• tiered the wretched culprit for execution on ' r , day morning, and that his body should be d eli" ed over to the surgeons to be anatomised. .0.1, The prisoner, during the Learned Judge' d, pressive address to him, was dreadfully al- 111Ed r bt; and at the conclusion he fell into the arms o' „ gaoler and his assistants in a paroxysm of grist' The Court was crowded to e:zeess. • CIVIL SIDE. Before 3lr. Baron GARROW and Special Juri,s. THE KING V. PAGE AND OTHERS. This was a criminal information filed ", hv „ g e hh Majesty's Attorney-General against John 2 1,c and 15 other defendants, for a riot and an ass fit ' r y on one Charles Saunders, on the 27th of Febr 113. last, at Selsea, near the celebrated watering Place called Bognor, in this county. q tr; Mr. Serjeant . OnsloW, Mr. MarrYer e A Gurney, Mr. Nolan, and Mr. Debaney, .e°"`" le N ir; the prosecution, and the Common, Serjeant' Coorthope„and Mr. Bowen appeared for def It ence. . 0 0 1 rs it appeared by the statement of the L e • rl by the .r King's Serjeant, and corroborate, iy t- t I b Ol loony of the witnesses sub,i qaently callel! , 0 in consequence of the prosecutor, wilt ) '`" o - r a butcher, residing at Selsea, ha in recently ne ',. - ,i the riot in question .been subpceiiaed to att t the Court of Exchequer, in a prosecution 4 g',. one of the defendants named*Reeve, for being : - o f gaged in a smuggling transaction on that Pin . 'd the coast near Selsea, a general detestatin" 4 : 1 ,8 hatred bad been excited against him, ad ifl i - of evening of the 27th of Febrvrary last, a i nui t o upwards of -200 persons, among whom we t L e - his defendants, assembled before his door,, bt"" e il ia windows, and with dreadful imprccations ''ea have torn him - out of his house, had it 0 0r- be ! - ri , that he presented a loaded pistol to them, ie c--- t , ing that be would shoot the. first ma° th at 6 . 10 tempted any. violence towards his person . 6 1 • order to excite a contempt as great as the ha :, r of they bore towards him, they exhibited all e';"'"' of : the prosecutor, clad in all the paraperina" 4 1., i his trade, and adorned with a mutton ch e ol) i ,Zjr button-hole, by way of bouquet ; which reo they were about to hang before his door , svi 3t , it was agreed that that exhibition should be r ) o f polled to a future day, in order that a I", rt Lp. smugglers from Bognor, which the Learned '.iii.. jeant remarked, was no less celebrated for O l 5 d cit contraband traffic than for the fashion to beauty that resorted to it, might be e nable d .e , attend, and witnesS the perfocmance of tha t C i e n i ot mony. In point of fact, the prosecutor ill° b a t been examined in the Court of Excheq'icr , „ te S the outrages complained of had been cotnin A " fe t by the defendants, in the present case, t ° l os es persons from appearing as witnesses in anY c3 n st where they or their friends were proceeded og3" for their smuggling transactions. 0 1 '1 The COMMON SERJEANT, for the defence , 1 0 0 an ingenious and forcible speech to the -1"qcoso afterwards called several witnesses for the puriutto of contradicting those adduced on the pa rt °' prosecution. lenc6 The Jury, however, after bearing the e v ", recapitulated by his Lortiechip‘ , found eiglit c). defendants Guilty, who will be taken up Court of King's Bench tor judgment, 11 I "'hi'' whey defendants, eight in number, we ll quitted. TUB XING V. SOUTAR AND HOLLES. „Of This •was an indictment against the defe"' IS for a conspiracy to obtain the condentn3o:eri • sloop called the Judith, William Williarns, [ll4 ; l o'• by falsely alleging that the said vessel . ' wa s its' ployed at Arundel in smuggling foreign 511. • This was another of those infamous which the Excise have been deceived by t he 11 ,0 1 unary statements of certain persoras, for 111 e o f pose of instituting informations in the C°llrbe Exchever for their own benefit, and loin 0 ' unfortunate victims of their depravitY. peared in evidence that the defendants hml information upon affidavit before Mr. Fsod ditltoe) ton, a Commissioner, that the vessel in q uesti o had beets engaged in smuggling at Arundel 011 n ro° 26th of June, 1816. Upon this informati°" rose ceedings were instituted in the Exchequer, "`)% vessel was condemned. It turned out upon siation fluent investigation that there was no fonn" a ( 0. for the information, and the Excise, beit l 4 11 . fled of the frauds imposed upon them, 00(1 complete restitution to the injured partice' ali directed the present prosecution. Thus; wo r " found Guilty. ralO rl On the Driver sloop of war belts.. latelY into Ardrossan harbour, a great crowdPC-`oy assembled to view her, and among the rest : or s weaver from the country. One of the an being ashore, and rather surprised to sce su 1) 6 assemblage, asked this wag, who chanced net' near him, what could excite so muc h w°llo among the people ie—" Oh, Sir," replied l' e ' ne rs) is the owners, conic to see the vessel !"--" 19vc ,,,, - re, Sir !"—" Yes, Sir, they all hold shares; soln e ".° some less !" ..........'"....."...'"'—..—...-----.."'---..----- t -.------- - a q •Orq , . LONDON: Printed by-,1. B. CAISI'AIRS, of No- —' St , - ' Ormond-street, Queen-square; and pubiighed bY 6 SIP . ' SCRIPPS, of No. 7, South Nlolton-street, at Tlyjti" Office, No. 112, Strand ; where Afiveitiserneut s ) Ltttgri 7 &c, (puit-paid) zitut be a:ld:l:cwt. ta,. ii NE end uit: nt- c :1; t. 1„, !, L t hat tv," ;n~ -~ . ~">r qr t , . 11. 'Atm "Si 11,' • 411 L 'lth tit 11 , 4 %h. ,01 11, 411 , " btr