The Sun. — London, England, 1817-11-29 00:00:00

exise*tit. , LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 28. wit.Lrams V. THE COMMISSIONERS OF THE LLD TAX. The 1.1,- , RD CHANCELLOR.--I think it proper to intirtate that I have considered all the points in ti►is (lase, which are of greater importance in so►►te respects than I was at first led to believe, and I ant prepared to give judgment. I have also deliberately considered all the cases which have bt.vn stated with so much ability by the Connsel bath sides, and as I think you may wish to ),;.n o w wy reas o ns for giving the decision I have Conte to very fully. I shall on Tuesday el►ter mi nutely.into thew. r think it proper to delay my judgment till then, that as this is the last day of . term, I. may alurd all the time that I possibly can to motions. . • Ilie.smccrott-GeNERAL.said, that the Com .tnisioiters.had.taken the opinion of the Law-Ofli t•ers 0161 y Crown, who had advised/theta to devour to the-bill filed by the plaintiff, but he begged lravemost solemnly in n,►tne to dis claim any wish .whatever to keep Alr. Williams out of his property, it indeed be had any proper to it. • The Loan CHANCELLOR—Let the case be pe rcmp,ordy fixed for judgment on Tuesday. HUG!TES IN THE MATTER OF RICHMOND. This caseovhich has undel-gone no inconsi dv.,,ble_ degree of litigation, both in .a Court of Equity and the Courts of Law, came before th e Lord Chancellor on'the present occasion, on - tLe motion of- Sir Samuel Romilly, for the cool iniltal to prison of a Mr. %Veils, for a contempt 4,f , Cou r t. The motio n also, prayed that the As -signets of Mr. Richmond might be ordered to mike such pecuniary recompense to Mrs. Hughes aizA (he Court might deem adequate to the injury she had suf:taitied, by the de:endant having seized and rakeit away the whole of her property.. The -facts of the case are briefly as follows 1815, a commission of bankruptcy was i.sued against Mr. Riehmond (but which was subsequently su rersedeel), and the defendants were appointed Ass . ignees. Being so appointed, they authorised Mr. Wells, an auctioneer, to take .possession of all the property on a .farm, held by Mrs. Hughes. on the plea that the .whole was the property of Mr. Richmond. Mr: Wells,..ac eordingly, accoMpanied by-a-number of persons, c ot possession, and proceeded to sell the property in (piestion, said to he worth 12001. An appli catioa, in consequence, was made on the behalf of Mrs. Hughes, to. restrain the sale, and an injanction was granted, notice of', which. was Nerved on Mr. Wells, who, on the authority of the Assignees, proceeded on with the sale, in ilirvet opposition to the order of the Court. Mrs. Hughes then brought .an action of trespass, and was nonsuiled ; bat in a subsequent suit - , she was declared to' he the tuna fide proprietor: Among agree affidavits, • cortoborative ot . the allegations conrained in Mrs. Hughes's petition, was one mule by Lady Congreve; which described the si. t uation of Mrs..Hugbes to have been the most de plorable.- Lady Congreve found, on going to the farm, the place at ripped of every individual article,. and the only bed left to Mrs. it then SO years of age, and labouring- under a most severe attack of rheumatism, and her three grand-daughters, was a (polity of straw ! Sir S Rom LLY, after stating the case, observed, that the necessity of a speedy decision was of the 'utmost consequence, as Mrs.. Hughes had on Sa turday last experienced a most severe paralytic . stroke, in consequence -of which her life was in t:le most imminent danger. . PoNBLANC and Mr. MoNTAGuE followed on the same side. Mr. LEACH, Mr. HART, Mr. WINGFIELD, and Mr HEALD, lespectively contended against the i:untediate decision of the ease, until a suit now pe , iding had been disposed of ; as also for a set off in respect of the costs that had been incurred. The LORD CHANCELLOR—" Before I proceed to decide this case, I will have all the affidavits beroie me'; I' now appoint Tuesday next, posi tively 10 give judgment. As far as lat present see, (bete. ecins to have been an extremely un necessary proceeding; for the Assignees, the Uommis;iion having been superseded, could have had no title to the property, and even if thacCom mission had not been superseded, they could have had no right to it, for the verdict of a Jury had ituO ht•loug to Mrs. Hughes. The opplica ti,n made to me ih 18 6, was simply for the corn 0f Atr. We lls, but Os I had then some doubts to whom the property did belong, I let 'flit!, ease stand over, for the purpose of solving that daubt ; that has been done, and I shall there fore proceed to give judgment as 1 have stated. COURT OF KING'S BENCH, Nor. 29. MURDER AND TUMULT AT BRIGHTON: We stated in our,Law Report of last week that _Mr. Shepherd had obtained two rules, .one for a Certiorari, to bring into this Court the proceedings Letore a Cutonet's Inquest held at Brighton, on th e budy of a riti_n named Thomas Howles, who 4!ied of a bayonet tround, received from a soldier doting the recent riots at Bright .m, on the sth of November ; and the other for a Habeas Corpus, to b: in s ; up from Horsham Gaol the body of James D.y. a pritate in the Ist Royal Scotch Fuzileers, against xrhom, as principal, and two other per-, Eons named White and Williams, as accessaries, the Coroner's Jury hail found a verdict, charging thein ‘sith the (loath of thg.deceased, for the pm.- pose 01 these three pet,,ons heing admitted to bail, until the next Sussex Assizes. The three persons thus charged now appeared in Onat, and tie Coroner's return being read,liom which it app3red that there was no malice pro p, use imputable to them, Mr. ScitaLc - r:r tunved that theyibould be ado tnitreek . ,o I) ill. which • ' ''' ' The COURT aceordinilv arder . 6d, and the: de fe;,diuts who appeared to h. ,, spectah,le. Wen, having' acted on the occasion oc;estion ,as,,peAce,oflieers, forthwith entered ,ceurity, ;gn l!piTe.tir' at the Assizes, them stfi vcs OW: c4tcl.. and four sureties in 1001 .1' : C O cesfrtctiveiy, anti the othes erson, Day, •„ having given security himself in SQL and four sureties in 201. each, they we.re 'all discharged. CRIMINAL INFORM \TION. Mr. StattLETT now addressed the Court, and said, that 'l►e was ,instructed to move for a Cri minal information against the Editor of a -News paper, for having published in his Journal a state ment concerning' what occurred at Brighton on the day above alluded to, which was calculated to have an improper effect upon the minds of the Coroner's Jury. He was aware that ~ he could not make this application on the last day of Term ; but lie lequesred that the Court would receive the notification of his intention td apply to the Court for this purpose on the first clay of.next Term. Lord ELLENBOR9UGH.—I hope the Information will have the effect of making the Editors of Papers more guarded. for the future ; for 1 do assure the party, the Court will not visit the offence lightly. The publication of any thing which tends to irri tate the public mind by ex-parte statements, is most reprehensible. SCARLETT.—There is too much reason to believ e (without imputing any improper motive to the Editor), that the publications in this case have had considerable intluence on the minds of the Jury. Lord ELLENI3O‘ROUGH.—The Court consider that you have liberty to make your motion on the first day of next Term. REGULATIONS OF THE KING'S BENCH PRISON. At the sitting of the Court this day, their Lord ships promulgated the following order and rule:— " Ordered—'Thai :he Marshal remove horn his place any turnkey, or other officer, whO.shall per mit or connive at any unlawful introduction of spirituous liquors into the prison, or who shall be guilty ; of ross negligence, or connive at the breach o f any of the tides,. ' Whereas by a rule of this Court made in Trinity Term, 57 Geo. 111. it is provi►led, that the Marshal shall once at •least in every mouth per• sonally inspect every lodgipg-rooni, and inquire into t he. nuinber pipersous therein lodging, and enter the ,rosult of his - examination in a book, and siOt ittivitilrhis own name; and whereas a doubt bag., arisen as to the extent and meaning of the word lodging:room ;' to obviate the same, it is hereby deciared'and ordered, that it shall extend to every room, in the same prison,. used, or in tended to be Used, by any per Son Oonfined within the. prison : and it is further ordered, that the MarShal . shall carry. it into execution .. by himself, or by some person appointed for the . purpose, and previously. approved by the Court or one of its Judges. " Also, if any person or persons within the prison shall sell any commodity by, false weights or measures, and shall expose to sale any com modity not of due weight and measure, he or they shall, for the future, be prohibited from entering the prison. " The Marshal shall. also 'examine the weights and.measures used in the prison at uncertain times, and without notice, at least once in every,mouth, and state the result of hiS' examination in the said hook, to . be submitted to the Judges of the Court." 'l'l►is 't•as the last day of Term; but their Lord ships appointed the 19di January for sitti►►g at Seijeants'-Itin, for hearing ,argiuuents upon new • COURT OF EXCHEQUER, Nov. 27. SIR WATKIN LEWI3S U. MORGAN. This long litigated cause was this day again brought under the consideration of their Lord ships. It will be recollected by our Readers, that Sir Watkin Lewes, by an order of their Lordships, made in the present Term, was decreed to have the possession of the estates delivered up to him ; and that Mr. John Morgan shottld, on or before the first day of next Term, account for and,deliver up certain sums of money in his hands decreed to be doe.to Sir IVatkin Le►ves. • Mr. AGAR, in conseqntuace of this decree, moved, " that the Deputy Remembrancer of this Court he ordered to deliver up to the plaintiff, Sir \Vat kin Lewes, all the deeds, writings, documents, papers, &c. relative to the estate in question, and mentioned or referred to in the certificate of him, the Deputy Remembrancer, as well; those re lating to the parts in mortgage, as those not in mortgage, which hid been left in the office of the Deputy ltemembrancerby Mr. John Morgan " The Learned Counsel having expressed his opinion that the present was merely a motion of course, and the necessity that existed tor the order being made, in order to enable Sir W. Lewes to obtain his dis charge from prison, prayed their Lordsh i ps to or der the delivery as prayed for, Mr. MARTIN, on behalf of the Mortgagees and Trustees of James Morgan, conteudol at great length, and with intidl ability, that thepotion couLl not - be maintained. Mr..RATI-ev, on behalf of Mr. John Morgan, took objections to the motion on the ground of informality. First, that the plaintiff had not in his inti - tiOn specified a tlerrgtil the . cerafica-te of the Deputy Remembrancer.. .Secondly; that they were - bound to state the foundation on which they, grounded the motion, which he contended must be on the preliminary order of the Court. No or der had as yet been made, and unless the - plaintiff could produCe one, his motion must ,of necessity fall to the ground. It would be necessary to or der the Master to report what deeds related to the estates in mortgage, and what to those not in mortgage. The third objection' was, that Mr. Morgan was a judgment creditor, and there fore had a claim against the estate, as also a lien on those deeds which the plaintiff prayed to have delivered up to him ; he also had a claim in his character of Solicitor to Sir ‘Vatkin Lewes, and until those claims had been liquidated, he would' in this respect have a claim on them, ill support of which he quoted Newman r. Paine, 2 Vesey, jun. p. 199: After arguing at considerable length, he concluded by submitting that the motion should be discharged. Mr. AGAR contended that the case quoted by Mr. Raithby bore no analogy to the present .; there the defendant got possession in his charae 7 ter of Attorney, hut Mr. Morgan held them in his character of Agent to the Trustees. If Sir War-' kin Lewes wasknor to have the Title Deeds at pre sent, when was he to have them ? The Court, as well as the House-- of Lords, had decided that Mr. Morgan had no lien on the estate, and had ordered him to pay into Court the money tie had received subsequent to 1807. He dwelt with much pathos on the peculiar situation of Sir Wat kin Lewes, in his not _being able, for want of the Title Deeds,. to bring . the estate to market, and consequently being under the necessity of still re maining in durance vile. Mr. Baron GRAHAM, after adverting to the great difficulty which arose in the present case, particu larly that with respect to the motgage of Mr. Wilder, said, that, with respect to the objection as to the form of the motion, it might easily be done away, by amending it ; but here the Court were called on to deliver up certain papers, and the question was, did Sir Watkin Lewes stand in a si tuation to liquidate the whole of the incurnbrances on the estate ? It had been'the invariable prac tice of the Court to bold possession till that was the case. The motion, in his Lordship's opinion, went too far, and he did not think enough bad been shewn to warrant the Court in granting its prayer, or tielivering up the papers, until the whole of the case was before their Lordships, as it would be acting against the general rule to take from an Attorney the securities he held until his bill had been paid. 111 r. Baron IVOOD concurred in the opinion ex pressed by Mr. Baron Graham. Mr. Baron GAanovi dissented, and took occa sion to say oby he did so. After paying a high compliment to the other Judges, his Lordship con cluded by observing that be thought Sir War kin Lewes ought to be enabled to avail him self of the benefit of the estate.—Motion dis missed. COURT OF COMMON PLEAS, DUBLIN, Nov 20. CRIM. CON. BROWNE V. BLM E. Mr; GOOLD, 0!) the part of the. plaintiff, moved to set aside the verdict by the defendant in this cause., •and that the issue in this cause may be re considered by another Jury, inasmuch as said verdict was contrary to law and evidence, and to the charge. of the learned Judge; and inasmuch as the evidence given by the defendant, impeach ing and defaming the character of the plaintiff, was given by surprise,, and not relevant to the issue ; and which the• said plaintiff would have been prepared. to refute, if he had been apprized thereof.; .and also, inasmuch as one of the plain tiff's most material witnesses, altimagh duly served with a subpoena to attend and • give evidence in this cause, did not attend . thereon, through the interference and procurement of the defendant. Lord NoßnottY.—With regard to my charge, 1. do most solemnly say, J did not charge either for plaintiff or defendant : ,on• the contrary, 1 told the Jury that it was entirely a Jury question, and that I would not be dissatisfied at any verdict they gave in. Mr. _GOLD here read the .material parts. Fie said, although the defendant had been duly, served with a copy of this affidavit, hel)as not answered it to this hour. The scope of. the case was this : It was an action brought by the plaintiff against the defendant, Mr. Blake, for criminal conversa tion with his (the , plaintiff's) wifie. After the plaintiff had .examined his witness and ..closed his case, the first witness examined for the defendant was the Hon. Barry Bingham; he was produced, not to throw. any doubt on the fact of the defend ant having defiled the plaintiff's wife, but he went on the table to depose to ri certain conversation that took place, between him and the plaintiff; and the particular words, said the Learned Conn.: - sel, I consider too . frightfully indecent to repeat in a Court trf,Justice : but these words, if ac tually spoken by the .plaintiff, .should only go in mitigation.of damages,. and could not defeat the plaintiff's right of action. It was sweati by this witness that this conversation took place in pre sence of the defendant's brother ; yet they did not venture to produce this gentleman on the trial the plaintiff now swears that he is credibly in formed, that the. defendant's. brother does • not even assert a recollection of any such circum stance or conversation, and he is willing to abide the event by the testimony of this very man.— Whatever, said Mr. Gould, may be the ultimate fate of the cause—whether the doors of Justice will be closed.frually and for. ever against my un happy client, or whether 'his wrongs shall meet with redress—l am glad this opportuni.y is : al fen-dedliim of putting on record his strong and. positive contradiction to - a charge, which, if true, would not merely cover the party with infamy, but would amount to a national disgrace. He swears that it is utterly and entirely false ; he swears that he never, in public or private, either to Mr. Bingham or any person, made use of the expression stated and sworn to by that gentle man. He states that Mr. Bingham having been called was a surprise ; and that had he been ap prized that Mr. Bingham would have been pro duced as a witness, he would have been prepared to prove circontances that would disentitle his testimony . to credit. Another fact, my' Lords, continued Mr. Goold, of extreme importance, as reflecting. on the evidence of Mr.. Bingham,' is stated in Mr. Browne's affidavit, and .on which he relies : it is thus :—He swears that Mr. Bingham, on his' cross-examination, did posi tive assert that he was not then indebted to Mr. Browne in any sum of money ; but he, Mr. Browne, swears- that Mr. Bingham was then actually indebted to him in a sum of 7391. 7s. +sd. ; and he refers •. to an acknowledgment for that SUM, in his possession. The:next witness produced for the defendant was Mr.' Thomas Co neys, -a member of the Bar : and the plaintiff cer tainly speaks of his testimony, and the manner in which he conducted himself in the transaction, in terms of strong reprobation. He.states, that Mr. Coney4 assisted.in preparing the. briefs in the attorney's office, knowing that he would be called on as a witness, and actually prepared the•brief of his own evidence in the office of the defendant's attorney; and further, thlit the evidence he gave on the trial was materially• contradicted by the testimony- of. another of defendant's vvitneiset. - He swears that the witness is under the imme diate influence of the defendant ; that he did nest directly or indirectly make use of the expres 7 sions sworn to by him ; and that if his evidence had not been given by snrprize, he would have produced Ak. John D'Arcy, a-gentleman of large fortune, and of the highest, respectability, at whose house expressions were sworn to by Co' neys to have been uttered by the plaintiff, to have contradicted him. The next witness, was . a Mr, Lyons, who took a very active part for the de fendant, and his evidence contradicted the testi mony of Coney. The next witness was apersolt of the name of Tully, a writing clerk in the eta' ployrnent of the fOrmer attorney, and active friend of the defendant ; lie was produced for the tier pose of impeaching the evidence of one .of the plaintiff's witnesses, and came on the table dressed up in clothes purchased fa him by the defendant's friend, Mr. Clare. His conduct excited general disgust. I recollect, said Mr. Goold, ‘a . santry that fell:from your Lordship op the (Jew sion. Lord NORBURY.-1 beg, Mr. Goold; yow %via not repeat it ; it • might have been good enough at the time, but my stories don't hear repetition. Mr. GOOLD.—Your Lordship is the only 411110 tharthinks 40. My Lords; Mr. Browne denies, in the most unequivocal and most solemn manner, the improper conduct and conversations attribuzea to him, and with regard to his behaviour tou - a,idi his wife, it is a remarkable' circumstance that all the witnesses produced on the trial have ;Tilted in this—that whatever might have been, his. folliet . or improprieties, his affection towards his wife was uniform, and his confidence in her was un bounded. Under all the circumstance's of the case; he said that justice would not be done if this verdict were allowed to bland, and lie hoped the Court would be pleased to order 11 neW Serjeant Joy said, he would merely oppose Ibis application, on the part of the oetendint, an the ground of irregularity, wiihout entering into the merits of the case. It was irregular, because this was not the time for the party to make such ail arplication. If the plaintdl was serious in look ing for a new trial, he should have come in be fore. The Court decided, that the application waii not irregplar.. Serjeant Joy then said, that he was not at that moment prepared to resist the application, as hi was merely instructed to oppose it on the ground of•irregularity. Tie Court granted a conditional order. SHOCKING ACCIDENT.— Yesterday morninc. Win. Duncan, an apprentice to'S. Press, chimney-- sweeper, Green-street, Theobald's-road, was sent to 46, Bedford -square, to repair the bri ckwork one of the chimneys, b u t i m p ru d ent ly , got out trpota the roof of the house, where some bricklayers were at work, and being warned.hy them of the imminent danger in which he was placed, Ire sud denly looked round, smihng at their admonition 4 when losing his balance, be was instantly preei- - ,pitated to the ground. was taken up almost lifeless, and conveyed to Middlesex Hospital with out the slightest hopes of recovery. His mother states, that he• is the fourth child who has met with similar mccidents : one was btunt to death, the second scalded, and the third ao drench - 104f crushed, that -he was taken to Middlesex 1-lospi-!. eind expired in the same ward where the fourth now lies. - Fitts.--Between four and five o'clock yestc.;.- day motning. a fire Was discovered in the . etablem of Mr. - Williams, an opulent farmer residirg !- Quarry Hill, Essex, which in a few minutes hurit the whole to the gronud, with a great quantity of hay and corn ; rrovidentially the -dwelling and several ricks of corn that were in the haggard ad joining the stable, escaped unhurt. The fire ori ginated through the carelessness of a servant, wilt* going into the hay loft over the stable With a. lighted candle in his hand, he stuck it with .soorg -grease to the side of the wall whilst he went dowi to fill the rack with hay ; the candle tailing iii the mean time,•set fire to the hay, which cominuni . cated to the building. The man had -sotticiettit" presence of rnind to get the horses ont before tire reached ihem. COURSE OF EXCHANGE, FmnAY, Nov. :28. . • . Amsterdam ' . 37 68. 2 Us.. ' Ditto, at Sight ..:.. 37 0 Amster darn Ditto, at Sight Rotterdam ll - 11 2' Us. , Antwerp it 11 Ex.Monvy Hamburg!) 34 7 ii 1.T 5 .... Altoria Paris, 3 Day's date ;.—........— 24 40 Ditto fiourtkaax, ditto Frankfort on the Main . ........ 145 Ex . Moniey Madrid 971 Effect i,ee Cadiz Stviihr tlillioa 37k Gibraltar - . _ . •Leghorn • Genoa... 4(l4—Venice Malta... —49 —Naples 421 Palermo l24d. per OZ. , ' Lisbon 59 Oporto .49 . • . Rio Janeiro .. , Dublin.... ..... 0...., C0rk..... Sf per Cent. Agio of the Bank on Holland.— 2 per Cent. • Portugal Gold, in Coin / .4 0 ,6 per pz.. Foreign Gold, in Bars 4 0 ti . New Doubloons ...... New Dollars .. o 5 4 Sayer, in Pars ..... .... ... . 0 5 4. COAL AIARKET, N0v.28. Ships at Marhet. Ships :sold. Pri ce. 811 Newcastle ....27 4 Sunderland .. A. . . . .40s. Od. to —s. 04. I Stone Coal ... u —s. Od. to —s. I Cinders 0_...,b....—5. 6d. to -,s. 64. BIRTH. On the 25th inst. at his residence, Windsor s the Lady of Lieutenant-Colonel West, of a daughter. MARRIED. On Thursday; at St. George's Church, Hanover-square, George Stanley Repton, Esq. of Dover-street, to the Hon. Elizabeth Scott, daughter of Lord Eldon. DI ED On Thursday night last, in Burton-street, Albert statics, Esq. late Commander in the East India Company's service. At' Grenada, on the Bth ult Samuel Harrison, Esq. Deputy Assistant Commissary General to his Majesty's Forces, aged 21. Yesterday morning, Henry Topham, Esq. of John-street, Bedford-row, in the 74th year of his age. Lately, in London, in his 46th year, after a painful illness of many years, Mr. Melvin, Comedian, formerly of the Thea tres Royal Covent-garden and Lyceum. LONDON: Printed by .1.13. CARSTAIRS, of No. 29, Great Orn►oud•strcet, Queein•square; and published by W. A. SCRIPPS, of No. 7, South Alolton-street, at THE Sur: Otlie, No. 112; Strand ; where Advertisement', Ordeis, Letters,, ticc, (post-paid) .must be addressed. .1.111... ',lt 71, torec qttp p tEEI Jtsi yu; Per '.4 T ! 111114,4, Th tary" glary !dot aPee! Are *hall delft dam inak4 etitsu sy is the •1 perfi rece, Ell? QV, Fiery to ti ,}tc~~ ~~~i i 11):c Lie pal to .1. f ter Pt it" iTu ' 1 , 4 '