The Sun. — London, England, 1817-07-22 00:00:00

LAW INTELLIGENCE. COURT' OF CHANCERY, JULY 21. SIVi•hIARK %.toOD V. EDMUND GRIFrITH . 3, ESQ. Mr. GRIFFITtis, in addressing his Lordship in respect , io this case, complained that he bad been kept nnder,duress for a considerable time, in' co►►- selluence of an improper stamp having been placed upon the deed ; he felt considerable alarm about the costs, and the attachment which would in consequence issue, and prayed his Lordship's in terfetence, to ease his mind ; he also rectified a mistake ‘vlrieb he had made.on Friday, he having s;tid that the bill was filed on an award, whereas he should have said " on an agreement." Mr. COOKE said, that the cause of alarm arose from the over anxiety of the Solicitor ; Mr. Gra fi-Ls had no real cause for uneasiness, and with respect to the cost, he expressly declared, as he had bn Friday last, that no proceeding should take place until the decision of his Lordship had transpired. • The. LORD CDANCELLOR expressed himself sa tisfird that nothiug would take place, and inti mated that he would give judgment on IVeduei thy. THE LUDDITES—MANUFACTURE OF LACE. lIEATHCOTE V. WOODHOUSE ANO ANOTHER. Sir S. ItomiLLY, on behalf of the plaintiff," 'moved for an injunctiOn to restrain the defendants from making and selling* certain machinery for the manufacture of bobbin net lace, for n . hich the plaintiff had obtained a patent. The plaintiff alleged that by the nefarious practices of those persons called Luddites, he I►ad lost 10,0001. havilg incurred their hatred 'by his invention ; and that he was eventually obliged to leave the county (Nottingham). - An action was now pend ing in the Court of Common Pleas, but the de fendants continued selling the machines from 150/. to.to 2001. each, by which be, the plaintiff, sustained great injury. - • The LORD CHANCELLOR --" 'fake the. injunc tion, and let the defendants be served inmedi- atel " y. Sir S. RomILLY then moved for the Injunctions in two other cases, at the suit of . the saute plain tiff, which were accordingly-granted, and similar directions given. THE" ATTORNEY-GENERAL V. THE MAYOR AND BUR- GESSES OF FONVEY. The, Lotto CHANCELLOR in giving judgment, went into this ease at considerable length:- It appeared that by the Judginent of the Court of: King's Bench, the Corporation of Fowey had been disfranchised, and that an application to the Prince Regent was Miw pending for restoring the Char ter ; it therefore was clear that at the present time the Corporation was not in exiSience. 'rite fact of the Corporation having . teased to be one, was proved by the granting of af new, Charter by after which, bye-laws were made by the Corporation for letting the estates in question in fire best possible manner, but which have not been acted upon nor the last sixty years. The principal question in this ease appeared, in his Lordship's opinio0;: to be, whether the Court would slitter proper) y.left for Charitable purposes" to be con verted to ‘‘ Corporation purposes." It was a (la: vult question to solve in respect to whether the landlort) and tenants were in existence; as the churchwardens .could not be considered as such, nor was it right to stiffer property worth ;2501. per ann. to be let for eight pounds. His Lordship, in . ctinelusion,direeted the appointment of 411.vcciver, wit hoot prejudice to any applicant, observing that the difficulty which would at ise, would be got over by following the instructions of the Court, and, should the Attorney-General advise the re establishing the Corporation, they might make airy application to the Court that might be deemed beneficial in regard to the Charity. COURT OF KING'S BENCH, JULY 21. London Sittings after Trinity Term, before Lord ELLENBOROUGII, alld a Special Jury. IMPORTANT CASE. WARD AND °TITERS, ASSIGNEES OF DUNKIN V. GOOD.. HART AND OTHERS This was an action upon a policy of insurance efficted by the Pheeuix Fire Office, to recover a loss of 330.0/. upon a house, the property of the bankrupt, occasioned by fire, in the month of Jane, 1816. The trial of .this cause excited a great deal of interest, as well on account of the peculiarity of its cifetimstances, as the nature of the defence set on by the Fire Office.. I~lr. GURNEY, Mr. BpI.I.AND„ and Mr. SPANK IE, conducted the case on the part of the plaintiffs. • The following is an outline of the case :—The act bot•was brought by the Assignees, of a certifi cated Bankrupt, who in the year 1816, and for e owe f e w years before, carried on the business of a tallow -chandler in Aldersgate-street. His fa ther had died in 1813, leaving him two freehold hou4eS, Nos, 34. and .35 in that street, the Value of which was estimated at about 40001. besides other prolierty of considerable amount, in the wayof•ty-alle, as a- tallow-chandler, to which busi ntsrtbe bankrupt succeeded on his father'S death. ,U :'So happened, that in the month of May, 1815, -these_ lionseS were destroyed by.fire, and the Fire Offices readily paid the loss, which amounted to about 9000/. The bankrupt having re-built..the Premises, resumed his business, -having disposed of one of the houses to advantage, both of which, including stock in trade, he insured to the amount of nearly 90001. at the Plixuix and other Offices. In the spring:of last Year th . e bankrupt married a young lady of • some ex pectations, and took a tip Paris with his bride, as well on pleasure as bnsi nesc. Since his father's death, he had been more than twenty times to France upon 'rosiness which cousisted in dealing s in hemp and other articles in xvhich.,..her traded, besides his business of a tal -low-cliandler. in the month of June, 1816, he returned to London with his' bride, bringing with bin) 4,54 void Napoleons, which he took in en cange for Bankof England notes, with a view li!ke ativantdl;e of the exchange, which was at that time hi favour of England, and by which lie expected to make three halfpence or t wo-pence baltrinipv profit upon each piece. Upon his ar iiv,sl in England, he took iris wife to see a. friend dampsbire, and returned immedi itely to town Uu the niiht of the 25th of June (the fire haviiig happened on 20th), he came home ' about eleven o'clock, and lie and his two shopaien . were retiring to bed, when they heard the dog in the shop barking most violen;ly, - it being alleged that the animal was never (except on one solitary occasion) known to bat k before. The bank rupt and his servants' became, alarmed at this extraordinarV circumstance, and immediately proceeded, to sear.ch the premises, but finding all safe they retired to rest..-. The following night.the bankrupt was seen, about nine o'clock,. to ge to his iron safe in his counting-house, where the 454 _Napiileons, .together - with about seventy-five pounds worth of • French silver, were deposited. What he did-on - that occasion was not known, but he immediately left the konse and did not return again till near eleven o'clock. At that time one of his men-servants was out. He went into the kitchen, took off his boots, called for .his. and was seen to bed by his other man -servant, who 'lit hiS rush-light as was usual. Before he had got to bed, the other man-servant came home, and the whole family, consisting of the bankrupt, the two men, and two female servants, retired to rest. He himself slept on the second floor, and the servants in the attic story. Between twelve and one o'clock the Bankrupt awoke in. a great perspiration, and under circumstances the most extraordinary. Ohe of the pillows of the bed was held by some unseen hand over his face, whilst a man sat upon his body, and kept him from stir ring from the bed. He heard voices speakine, and he concluded that there were two or three persons in the room, whilst lie was in this 'situation, two silk pocket handkerchiefs, which he afterwards found to he his own (having been taken from his dual potaket which lay by the bed, side)i were in:- troducedunder the pillow, and tied round his heat!, so as to prevent his seeing. The inaumpon his body kept his position, and presently afterwards he heard a voice say, " I have it''—which the , bankrupt supposed to have rererence to the ing in his pockets the key Of his' iron safe in the counting-house. He then heard either one or two persons go up' and down stairs taco or three .'lie_ man upon ~his body sai.ll held ,hint down' upon the bed,, and pulling out a shaii in strument, told him not to stir or make a noise under peril of being murdered. He Jelt the ture of the instrument ouhis breast once or tWiCe'',' and lie was assured that if he kept still he sbould not be hurt, .. The_man hinted .that he and his companions had been in the house the nighi be fore, but Were distuThed: After a short time he!. vias taken from the bed by the -supposed robbers, and dragged out to the, lauding place, _where 1681 wrists were tied together with CordS, in Inch a man ner that he could not get loose. A rope was then put round his neck, and lie ‘'vas tied to' the barinisters' of the stairs. He was toldhy.one ofthenunt not to make any noise, under a threat of being mur dered, and he was cautioned 'not to' 'cry oat for help until he heard the street-dngr closed. During this transaction, one of ; the, men said, ." it, I took it for a bed---its is a light,!' alluding,.as the . bankrupt supposed, - % to something that had been set on fire in the loWer part of the' house: - The" robbers presently• left •him, and he immediately cried out for help - , gave :the - alarm of Murder Thieves ! &c. lo a few minutes the men•servants came down stairs to 'hiS assistance, .untied his hands, 'and released hiM from confinement.. Lie told them what had happened to bins, and one of them went to a window to give the alarm, When he saw smoke breaKing•ont ft om the cellar window in the lower 'part of the house. He imme diately exclaimed that the house was oil fire. No smell of fire, or appearance of smoke was, hoW ever, at that time, obseriable in the house;' but the bakkrupt immediately gave directions that the maid-servants should be alarmed, which was ac cordingly done, and, without any further investi- - gatinn, the whole family were seized with panic, made their way to the top of the house, and escaped by. a forcible entry through the t:ock-loft of the adjoining house (Mr. Cockerton's), and got into the street.' It was then raining very 'hard. The alarm of fire was soon spread through the neighbourhood, and in a very short time the house was in flames. Some; persons in the -street broke the fan-light of the door, entered the shop, and . then unlocked the dotir,. which it appeared was double kicked. All the other doors of the house (there being three exits from it) were also locked, and there was no appearance of any per son having recently'left it.. The windows were all . shut. During this time the bankrupt at , tempted to -get into the house, but was restrain ed by the watchmen and oilier persons who had assembled.', He appeared to be .in the greatest agitation; was much alarmed, ,anti fainted with fatigue and anxiety. ' Next morning, as soonfts the fire was extinguished,' the rubbish was re moved from the iron safe, and in it were found , some of the bankrupt's books and papers un touched by the fire. The . safe was unlocked and the Napoleons gone., There remained, however, the French silver, which was conCealed behind one of the account books, and witicir it was sup posed the thieves in their hurry bad not seen. In, consequence of several repOrts having gone abroad to the ,bankrupt's prejudice, he voluntarily ,ten dered his conduct for investigation by the -Lord Mayor; and the case was repeatedly inquired into by his Lisrdship and Alderman Cox. It appeared that at the time of the fire,-the bankrupt bad pro perty on his premises to the amount of near 5000/. uncovered by the policies ; that only the day be fore he -had purchased about 2001. worth of tallow and other articles, Etc. • The bankrupt underwent a very long and strict examiQation and cross-examination. He demean ed himself with great coolness and propriety. His testimony was confirmed by his male and female servants, in every particular, as far as 'they were concerned in the transaction. Several other witnesses were examined, whose testimony went to give the story probability in collateral circum stances. S. , Mr. CARIRTT addressed the Jury at considera ble length for the defendants, and wit,lt him were Mr. MARRYAT and Mr. F. POLLOCK. The following witnesses were examined with a view to shake the credit of the, bankpipt's testis mony, and that of other witnesses examined for the plaintiff:— Thomas Robinson, a fireman; nf,Vte Lo ndon Assurance O ffi ce. Found some rilat& on the third staircase of Mr. Cockertou's house on the morn ing of the girls June, in turning- the robbiili over xvhich tell frion the ruin of ttfe bhuse. It was found in, different places upon the third floor of Cockerton's hOuse. The . wall of Dun kin's house was about 12 feet above Cockerton's house. It was found between six and seven in the morning . . - Cross-examined.—There bad been seveyal,,fire men backwards and forwards during the !not:ping, over the premises, before the plate was found. The firemen were working with the branch of the ,engine. _ Cross-examined.—Cockerton's roof bad fallen in about an hour before the plate was found.. Mr. GURNEY admitted that the plate found was the plate which had been' locked up in Dunkin's bed-room. Samuel Larkins lived in Cockerton's house. Remembered hearing Dunkin's voice on the 'mor ning of the fire. Heari bins say, "Cockerton, Cockerton, fire, fire, get up or you will all be burnt." Dunkin was then on the top of Cocker ton's roof. Witness went into his room to get some clothes, and heard a voice cry, " open the trap-door:" At this time there was nothing to he seen but smoke, and no Barnes coining from Dunkin's house. Mr. DAWES, the SoliCitor, said that he had heard Mr, Dunkin describe the manner in which his hands were tied. Witness's son bad shewn hiM the way to do the same thing. ft might be done in such a manner, by a person, so as to pre 7 sent the appearance of having been done by a third person. - Lord ELLENBOROUGH said, he had known an instance of the case of a man named Smith,. who had been executed, and who had robbed hi, Lord ship's house, where the same sort.ot .thiug had been exhibited. It was matter of not mitt y that such tricks had been perforinetrin a variety of in stances; by persons who resorted to them tor the ptirpo: , e of. effecting robberies. Mr. Dawes swore, that he bad performed the C•xperiment, and he now attempted to exhibit it to the view of the Court, for the purpose of shew log the.: facility .with which it, might have been done, but the exhibition did not seem very Due cessfull kad. heard the evidence of tie witness Mr. Donald, and now contradicted the statement whiLh h e had made reipecting the stat e of Dun kin'S iron safe; when it was examined after 'the fire,: - .. . . Lord- ELLENEOROUGH said, drat thongh‘fthis night he a contradiction of the witness, it did lot much advance the case of the defendantS. Mr. HARMER, the Solicitor, said he had a meet ing with Dunkin on the 15th of August, and on that occasion. he told witness, in answer to a quisfion' fespecting the-Napoleons he had lost front the safe,. that he bad 80 of them from a moneychanger in the Palais Royale at Paris, and :01 the rest he had from Lieut. Decree ;—that he exchanged. with him at Parit, and gave him Bank of-England notes for them. At another time, in the October following, in speaking of the manner in which hiS hands had been tied by the supposed thieves, Dunkin said that the " parties;" mean ing the thieves; " had been with hint about five minutes befo,re he heard the watchman going his rounds, at he believed about half past twelie.— One of the men Wn oitei t t,ia time. 'Theotherof them had said,," I have got it,” and 112(1 'gone down stall's. Just_before.the man said " l have got .it," they secured his bands and blindfolded him with two of my handkerchiefs. Witness a sked him why be had not called out, and he said, " It was 50 feet from Shaftesbary place, and nobody could have heard me. I was not in a hollowing humour." Lord ELLENBOROUOH thought this not a mate rial contradiction. • Henry Harrison was passing the end of Al dersgate7street. on the morning of the fire ; went to - the spot ; was there 20 minutes before Mr. Dunkin came. There were 20 0r.30 people there before, and they were knocking at the door, cry ing " Fire ! fire !" Witness got into the house by the fan-light, and opened the door, having previously borrowed the watchman's lanthorn. The street door was double locked, with the key in side. Dunkin then caine up and said, " o . ,_good God ! I don't know,what I have done to be served so." On the Monday following, witness was present when Dunkin was examined before Alder man Cox, and he asked the witness if he was the young man who got in at the fan-light, and upon answering /n the affirmative, he said, " Good Gld ! were/you not afraid of the dog ?" Witness examined all the doors of the . house, and they appeared to be fast.. George Lovell saw Mr. Dunkin about twenty minutes after the fire broke out. At asubsequent time he said that he did not know but that Har rison, who got in at the. fan-light, might' have been torn to pieces by the dog. John Mackey proved, that after the fire broke out, all the doors and windows of D u nkin's hou se appeared to be shut and fastened. Gre . t siim culty,was found_ in opening the doer which had been entered. . . • .; Here the evidence for the defence closed. Mr. GURNEY was heard in reply. Lord ELLENBOROUGH Bulimic ( ' ►►p the case for the Jury, witTi strong-observations upon its extra ordit►ary circumstances. The Jury retired. for about half an hour, and found theik verdict for the plaintiff—Damages, 3,0261. deducting salvage. The trial laSted eleven hours, and was. not over till past eight in the evening. The Report of the Portsmouth, Portsea, and Gosport Humane Society, just published, is high ly pleasing, and states, " That during the last year several cases of Restoration of life have oc curred ; that sixty persons have been rescued instrumentality of impending death through the of this Society : and that fifty-five Claimants have been rewarded for their successful exertions in preserving the "above nuroher of persons from a premature grave. The Right Hon. Lord MEL VILLE has been pleased to accept the office of Vice-Patron of the Society, and has made a hand some contribution to its funds, in consideration Of the benefits deriied from the Institution by men belonging to the naval sei vice of his Ma jesty. LONDON MARKETS. PRICE OF BREAD . THIS WEEK. The highest price of the best Wheats' Bread throughout the Metropolis is stated by the Bakers to be ls. sd. the dim.. tern Loaf, being ayeduction of Three Halfpence since last week.—Some Bakers sell the Quartern Loaf from one penny to three-pence lower. lb. oz. lb. oa. Peck Loaf to weigh .. 17 6 Quartern Loaf to weigh 4 5i Half ditto.. dittu 11 Half Quarteru ditto 2 21 SEEDS. Retiehirer (Foreign) Ditto English sos —s to 100 s Whiteditto... Rye-Grass . ' 2os —s to 42s per qr. Turnip, White Red and Green .. lBs Od to 22s od White Mustard Seed Us Os to 9s Od • I3rown ditto I2s Od to I7s Od Carraway. Seeds Cinque Foil] 2ss od to 40s Od per qr. Coriander do. Trefoil ltibgrass ... 2os —s to 52s Canary (new) Ditto (old) Linseed Oil Cake at the Mill, 101. 10s. per thousand. Rape Cake 91. Os. to 101. Os. Corn-Inspector's Return [DGE. I.—Thursday, July 17. Wheat per Id. 171 Os to Al Os Beans 37s Od to G3s OA Barley, per. qr. 3os Od toilt4tOd Pease ...... —s Od to --s Od Oats ...... .. 23s Od to 44,0 d Rye —s to —s ad , F HOPS. New Pockets. Kent t 4; 17t I7q to 101 100 IUS,t9( 131 13s 171 tOS 19164' ESSCX .... 161 Os to 171 Os Farnham.. 01 18s to 251 OS PRICE 0 New Bags. Kent Sussex 11 9; Its u Isl Us NE GATE AND LEADENLIALL MARKETS. By the Carcase. Beef 2s UM to 48 Oil -Veal :is 041 to 4s Mutton3s Wt. to 4s O•; { Pori: 4s 4 L I t o 5s Osi Lamb, Ss 4d to 4s Btl ST. JANiES'S HAY MARKET, July 19. Hay 3l Os Od to 51 1.5 s Od--Average, 41 7s Gd Straw Clover 5l Os Odto 71 lOs Od--Average, GI 54 Od WHITECHAPEL HAY MARKET. Hay 5l Os Od to Cl. Os Od-Arerge, 51 lOs Od New ditto.. •01 Os Od to ill -Os oil-Arerage, ol Os Od Straw ll 18s Od to. 21 2s Od-Average, 21 Os pcl Clover 6l: Os Od to 71 OS OdAverage, GI lOs Od PRICE OF LEATHER. }NUS, 50 to 561bs each - per lb ...... 204 -to 25t1 Ditto, 5G to 66lbs each d . to —4l - Dressing Hides • Fine Coach Hides IGO to 17th Crop Hides, 35 to 401bs for cutting '44d t, iga Ditto 45 to 501bs lBl.l to iOd Calf ,Skins.. 30 to 401115.. 1 6 ,1 to isd Ditto 5O to 701bs 23d to e 64 Ditto 7O to 801hs. 22d to 244. Small Seals (Greenland) Large ditto per dozen —s to --s RAN IDES. Best He; r , ••• & Steers, per st. I Ordinary .Is 8(1 . to Is 10d .. 23 6d to 23 Si: I Market Calf .. each .. is Ott to Rs 4d Eng. Horse Ss Od to Os ea SHEEP SKINS. Polled Downs —l.l to —d I Lambs 2s fid to 3s 9d PRICE OF FAT, 'lv stated by the Tall. Ateliers. St. James's Market .3. 1.1 Whitechapel Market 3s hi 6s 2d Average 39 Id PRICES OF TALLOW Town Tallow 54s 6d —s Od Yellow Russia 54s 6d —s Od White ditto —s Od —s Od Soap 'ditto... . - 52 s Od —s Od Melting Stuff 42s Od 42s 6d Ditto Rough.. 28s Od 29s Od PRICE OF CANDLES, from Tallow Chandler's Hall. Price of CandWs, per dozen, 10s Od—Moulds, 11s 6d 6d per dozen allowed for-ready money. SOAP, &c. per 1191 b. Yellow Soap SGs Mottled. Curd 9Bs Palm 94 Graves l6s Oct Good Dugs is 04 COAL MARKET, JULY 22. Ships at Market. Ships sold. Price. 54i Newcastle ....:344 33s. Od. to 435. Od. 7 Sunderland .6 355. Od. to 375. ad. 1 Welsh Coal.. O. .... —5. Od. to od. 1 Cinders ..... 0 Mr. LITTLE, of Hessenford, in COrnwall, has a cow, one of the fore legs of which was - acei• dentally broken some time since. Unwilling to kill the animal, which was tar from being rat, tie kg was amputated below the knee joint, and when sufficiently healed, a wooden one vas braced on it. With this the animal walks about, lies dOtin, awl rises with as much facility as a wounded seaman similarly circumstanced could be supposed to do. (Plymouth Paper) BIRTH. On Saturday lac,t, at Champiuu-lodge, Surrey, Mrs. Star- Benson, of a sou. MARRIED. On Monday, the gist inst. at St. Andrew's, Holborn, rer Hargreave, Esq. of Lincoln's Inn, barrister-at-law, to Miss Elizabeth Ratray, of Ashford, in Kent. On Saturday last, James Jones Reynolds, Esq. of London, to Frances, daughter of John Husband, Esq. of Northam, North Devon. On the 9th inst. at Mary-le-bone new Church, Thos. Nel son, Esq. of St. Petersburg . h, to Anna, eldest daughter of Mr. Turnerelli, the sculptor. On Sunday the happy pair l e ft town for Russia. On Wednesday last, at" Lymington, Mr. John Blake, jun. baker, to Miss Thompson, both of that town. . . .• . - -- :• DIED. ' On Friday last, at Seaford, Lady Prescott, relict of Sir George William Prescott, Bart._ On WednoglaY , the 16th iust• after a few hours' illness, at hi s s ci sa ) Somerset, John Beague, On the 15th inst. at Tor r, in D evonshire, Captain George E• e ag t e a d t 7H2.011am, near Dulverton Williamson, late of tl t e.Hun- East India Company's Naval at sea, on hi s passage to . Jamaica, Henry Service. • - yourlgeSt. son of th e Jat e Ri c ha F d 'o l lebar, Es eO : :. o Yt f l °) H e;ile it3ibtivhaircli of May, -h ou se, Bedfordshir e , aged . ] 8. On Sunday, the 6th inst. at his house at Malvern, in the 88th year of his age, the Rev.',lames•Stillingtleet. - . On Sunday last, at' Dorking, Surrey, Jane, the eldest daughter of the late Rev. Owen Manning, Rector of Poper Flare , and Vicar of Godalraing, in the same county. On Friday, the tStb inst. at-Bath; Thomas March Phillips, o f Garendon Park , county of Leicester, Esq. aged ,70 years. On the 13th inst. at EglintOn Castle, in the 7th year of his a ge, the Right Han. Hugh, Lord Moutgonserie. LONDON ; printed by .1. B. CARSTAIRS, of No. 29, Great Orrnond•strcet, Qtieen-square; and 'published by W. A. SCRIPps, of, Ica., 7, South Molton-street, at THE Sup Mice, N o , 112, Strand; where Advettisements, Orders, Letter s , s ‘ c. (post-paid) 'intiato addressed. per Stone of Ell). "Is stated 6y the Butchers_ `St. Jamees.Market ...as (hi Whitethapel Market Zf3 I d 6s id Average 3s 00