The Sun. — London, England, 1817-07-23 00:00:00

LAW IN FELLIGENCE. COtltT OF COANC , EItY, JuLr 43. (lit / liCti N VOTHP.R9 V. THE OEAN ANT) CHAPTER OF WIN- CRETE? H An 1141111(.0(m having been obtained for re strainintf, no• tiffendants from cut tine down orna met) al timber o n a n t st a tr let by them to the! plaittoti, it n o oion was made by Mr. LEACH for dissokiee thatil'Orirrnetion. it appeared that the tiff anti his ancestors had fOr a lout; period held Iry lease, from the Dealt andampterof eh o ester, cry l an d :,rtilerl lloper Park, Lower Pat k Marmel Rows. stol Coppice. The riel't . ot entrance and of coifing timber was te te' ved to the defendants, but there was ;a cove moo that in the Upper Park and Lower Park trees should not he cut, except for •the repair of the cathedral.or other hnildings connected with the church. The rltintiff, for the purpose (if improv ing the proSpect on the erromds, had, at consider able expellee joinea Park Coppice, to the Lower Park, and Made various alterations, which opened is vie e to some line ash trees in the Park. These trees the Dean anti Chapter bad ordered to he Cot down; Mid to prevent the execution of that order, the injunction had been obtained. Sir Sstot)et. RostrooY, whoopposed the motion for dissolving, the injunction, stated that the Dean and Chapter had a perfect knowledge of the im pros.ements made by the plaivilf, if not in their corOorate capacity at least individually, for the -members of, the body had often visited Mr. Nll:hers, and had expressed their admiration of the alterations. Surprized therefore that the Chapter had ordered their woodman to 'cut doWn some oft the most ornamental trees in the Park, he wrote a letter to ascertain officially their intention. All doubt on , the subject was soon removed by the• woodman routing and pointing out the trees Ile trasowdered to cut. The plaintiff wrote again to the Dean and Chapter, remonstrating against the order given to the woodman : he reminded them of ,the hospitality he had shown them when he pointed out to them the beauty of the improve ments', and hoped they had not at that time the design of cutting down the trees. He appealed to their feelittgs as Gentlemen, whether they would proceed ; and declared that if they did, he would take' the opinion of the . Court of Chancery. This produccd an answer, in.which the defendants st ited, Or 0 they would save the trees in question, if the plain iff purchased them as wood to be - cut down.. Sir Smartie! Rotoilly, however,,contended ?ha+ trees were saved by the covenant of the lease from being cot down for .any purpose ex rept for 8(.0;41 repaits of the cathedral. They co , dd not he cot down for sale to defray the exr pliers of repairs ; and it - oeas clear the, ash trees iOr goy:riot) could not . hr applied to the purpose of rep:tiro:l any part of the cathedral. If any eoller construction than this were given to . the corer:raw in the lease, the tenant would have no seenr;ty at all. Lr4out said, the same covenant *respecting the Cottiogortimber, «hick Was inserted in the pi'esent lease. had existed in all former leases. Jo' the year 1813, the plaintiff had removed hedges and' iiiithe , , aod grubbed up unclerwood, in order o losio, a view of the ash trees ; brit it could not he contended that Path Coppice and the Park were one and the same ; for when he applied for a TIM lease he obtairted it io 181 . 4, in tire terms of the former. . Besides, the grounds to which the cove nant in the lease applied, amounted to only 70 acres, whereas, wlien Coppice Park was incloded, they amorroted to 9tl'aeres. But . he could see no object for the injunction ; for it his-Lordship de cided according to the construction put upon the Tease by the plaintiff, that the .13,:an and Chapter must apply the tirtiberobey cut to actual repaits, then they must so apply it ; but that decision Woultl not prevent theirs from' cutting it clown. It ; bad been said that tire Dean and Chapter had not acted with delicacy ; but, in his opinion, the cotkilort of the plaintiff was far from proper.' He ought not to Italic applied for a new lease without infOrmiog the defesolants that be had added . Park Coppice to the other part of the grounds. In the case of two private gentlemen it Would have been . very liberal had the one in the situation of the Dean and Chapter said, " it is true you have made a vet y film prospect here, hot I cannot give you the se trees. I will sell you them." This was what the Doan R11(1 Chapter had done. The plain tiff, howe‘er, was very much offended, because he could n o t have the trees w it hoot purchase; but it moo Id have been a siohitiott of duty in the Dean and Chapter to nave given them away. Pt:ivate individuals may tel on their feelings in such cases,. • bin public hod , es coultl not. Tire Loan CHANCFLLOR said, if this were a dues; between roan and nw, as to the degree . of del ctscy which had been exercised by the pat'- . ties,. he shauld beg to be excused from deciding 11C1 . 1 >a question would be coram min judice ; btu the only one tor which he had to give au opi nion %vas our of legal right. It it happened that.. thy. Dean tool Chapter of Winchester were en titled to cot timber, and warned it for the pur pose of repairing the Cathedral, they were per-. feetly justified in insisting that it should be so at' tied, On the other hand, he HMS( confess,. that wet e he the truant he shotdd be story to lose the•eojoymeot which the beauty of the timber af forded. Ile .knew not how tar the interests of Deans and Chapters cool(' be distinguished front thisseot other ecclesiastics ; but if no distinction cooJd-be tirade in their case from the cases of Bi shops, Rectors, or Vicars, then they had a right to cut <tom) the wood for the purpose of repairs. His Lordship then took a view of the law in this resoeet, and shewed that it had been settled, that it the case of Rectors alit' Yicars, no person . could control the cutting Of timber or waste, except" the proton. to like manner with regard to a-Bishop ; the.ottly illterterence that could be exercised was by the i ; ;tiorney-Genera' at the suit of the Crowu. loltad'accordingly been declared by a forioer Lord Ciniocellor,•that it was an inthilgenee if the Bishop '.vas exempted from using the identical timber cut dowo in repairs,. and allowed to sell it,,to make a fond For repairing ; the same thine he thought the discretion of an Attorney-General would be very ill exercised, if be did not grant such indul genee 'At :povrer of saini.; bzing of greit :4e iii the case of the Bishop of Durham cut ting dtiwn wood in Yorkshire, the sale of for repairs, served to preserve the wood near the CathearA. This was a questint4 however, into Mach lee had not to enter. It was sntficient that timber was stated to be wanted tier repa;rs. Nei ther should lee e n ta n g le_his decision with anv con sideration 'of the Ilitestiot; whether Park Coppice formed a part of the other grounds or not; he saw nothing ih that Which would authorise him to maintain the iitjunction.—lnjunction dissolved. QTR GREGORY PAGE TURNER 0. LADY PAGE TURNER. Sir SAMLIEL•RON,IILLY made or mod inn for the appointment Of a receiver of the rents Of certain estates, the lire-rent of 'which hird been bequeath , eel to Lady Tutner by her late husband r 0 join ture. The estates were described to be in a very ruinous state, and it has proposed to apply the rents in the first place to repairs, and then to pay over the, balance to Lady Turner. Ltidy Turner,. in her answer to the bill which 'had been filed by Sir G. P. Turner, stated, that several of the te nants had become insolvent, and admitted the re covery of various sums from them ; but set forth, that nearly the whole of these sums had been sWalloWed up by law expences, and that she had laid out far More money in repairs than bad come into her ,bands. The Lo.ab CHANCELLOR said, there was no stance of the Court appointing a receiver in a case of Permissive waste.—Motion refused with costs. Sir SAMUEL ROMILLY then applied'to his Lord ship to order that- the money which Lady Page Turner admitted she had received, and not ap plied to the purpose ofrepairs, should be paid iuto Court. Mr. Mat observed, that none of the sums had gone into Lady Turner's pocket, except very small balances, against which rr ere to be set cif the larger shuts she had paid for repairs. It was not reas'onable that she should he requircd to pay into Court sums, the whole of which bad ht en exhausted hi the expellees of recovery. This would be to 'impose on the tenant . for life the whole butthen of repairs, for the sole interest of the heir in remainder. When Lady Tiltor.r came into possession of the estates the imildings were ruinous ; but as soon as good tenants could be procured, she was ready to pat them in a state of repair. The Loßn CHANCELLoR refused this motion, without costs. COURT OF KING'S IiENCII, JULY 22. Lorton Sittings after Trinit Tenn, before 4ord Ellen iorortgls, WARD AND OTHERS V. THE HOPE ASSURANCE COMPANY. This was an action upon a policy of insurance. to recover 'a . loss occasioned by fire, in the house per Son tiamed Dunkin, a bankrnpt of whose estate and effects the plaintiffs were assignees, sad which the defendants bad insured to the amount of 3,000 t. - The circumstances of this extraordinary case we stated is yesterday's paper, a►►d which it is now unnecessary to repeat.—ln consequence of • the result of the trial of yesterday, the case for the defendants. was nur. much contested, and the plain tiffs having pne through general proofs .of their case had a ver►lict for theTamouncof the policy, deducting salvage. In another action against another Insurance Company the plaintiffs were nonsuited, in conse quence of some defect in tlke notice of trial. About eleven o'clock - Lord ELLENBOROUGIL finished his Sittings, And to-morruw.(this) u►oru ing his Lordship•leaves town for Ilertford, the first assize town upon the Home Circuit. SECONDAItY'S OFFICE, COLEMAN-STREET. J. WILLIAMSi ESQ. V. EDWARD EINCII, ESQ. • This was an action of assault. The defendant suffered judgment to go by default, and this was wm it of enquiry to .assess therlamnages loetore Collinridge, the Under-Sheriff, and a most re spectable jury of merchants. Serjeaut BEST •aml Mr, BEATH conducted the case for the plaintiff, and Mr.-Sedeant ONSLOW and. Mr. CHITTY for the defendant. • From the statement of Serieant BssT, and time evidence examined in the cause, the : following ap peared. to be the leading circumstances of the case :—The plaintiff. was mcgentlenian of fortune, and of the highest respectability, having formerly" practised . as an .eminent Solicitor ; and : the de fendant, a native of Ireland, was Lieutenant in .the King's First .Regiment of. Life Guards. In the beginning of 1816 ,the defendant paid. his ad 41mlesses to a young lady', the daughter of. Mrs._ ,Browne, sister of -- li/hit-more, Esq. M. N. ttSen residing atßaih.. - fille'oui - ig lady had cOn liiWrable'pecluriary expectations, - and at the time !of her Marriage with the defendant - had 2001. per 'annum 'sertletinpon her in trust, the plaintiff be i.ing'one of her four most •respectable Trustees.— Vvry soon after the solemnization of the marriage, the defendant and his wife discovered symptoms of mutual.infericity. Scarcely had three months elapsed before the defendant granted a life annuity a his • wife's income for the suns of 1,3001. Added to repeated - acts of unkindness, it appeared that he had injured her in a manner too indelicate to mention with particularity. Her body became diseased and her health impaired. - The plaintiff, as One 'of the young lady's trustees, becans&ac-• quainted with her unhappy situation, and inter posed his authority to alleviate her - sufferings, and if possible to accommodate family differences. An impartial inquiry into the •circumstances of the case took place, and in the end Mrs. Finch deter mined upon a separation from her - hnsband.— The defendant, conceiving that time plaintiff had exercised an undue antimmity• on the occa- • sion, and imagining that Ike had taken pains to separate hint front his wife, became irri tated ; and ill consequence of time plantiff hav ing expressed himself in becoming terms of indiggion at the defendant's conduct towards his wife, he (the defendant) tvas heard to express a determination of assassinating the *intl. g , and blow lag his brains out. 'The plaintiff, apprehending that serious consequences - might ensue front the violence of the defendant's temper, applied to the office in Bow -street, and in consequence of that application the defendant was ordered to.find se. curity to keep the peace, himself in 2001. and two sureties in 100/. V....ach. On the 9th of Jkini , last; 1 after the period of the defendant's recognizances had expired, he met the plaintiff opposite St. Cle ment's Chiirch in the steod, walking arm in. arm Major Browne (Mrs. Finch's iincle), and withodt any previous notification,. aimed a blow at his head, with the butt-end of a heavy horsewhip. It ltappenitw to be a very rhiny day, the plaintiff had :his umbrella op, and fortunately the blow lighting on the umbrella, no serious effects ensued. lie then directed anothei; violent blow at the plaintiff's head, which the lattel• might between his fingers and thumb, anil produtetf' a very seere Wound. Major Browne immediately interposed, and retnnostrated with the cl&ndant *on the imprtidenct and intemperance of his conduct. The defendant then threw down his horsewhip, anti addressing the passengers, said, " This fellow has been endeavouring to separate me and my wife ;". and then directing himself to the plaintiff, said " Now you scoundrel and cow ard, I have given you a licking; you - may take me again before Sir Nathaniel Conant and the rest of the Officers, and be d--d to them." He then offered ,to box with •The plaintiff ; • but Major' Browne effectually restrained his violence, and the defendant went into a shoji. The above: particulars Were proved by Mrs. Browne, the plaintiff's mother-in-law, Major Brown, Mrs. Wynne, a female servant, and seve ral other witnesses. Mr. Seejeant Osscokit addressed the Jury with considerable ingenuity and eloquence, and railed some witnesses iantitigation of damages. • Mr. Setjeant BesT addressed the Jury with great energy in reply ; •and after The SECO&DARY summed up the case with the strictest impartialit he Jury found for the plaintiff - Damages !Mt. POLICE INTELLIGENCE. BOW-STREET. MATRIMONIALDIFFERENCES.—Yesterday morn, ing a Gentleman, in a high official situation, Was charged .with cruelty to his wife, to whom, it ap peared, he had been married 15 years, but that latterly he bad changed his conduct from being affectionate to violently assaulting and ill-treating her, which was proved by several friends and neighbours. The Magistrate observed, that be must call upon the defendant to find sureties to answer the charge in another place, at which he expressed himself both surprised and indignant. The Magistrate then informed him, that he cer tainly should protect the Lady, his 'wife, -and he nitw, therefore, find bail, which he refused to do, , and was detained in custody. PENSION FRAUD.—fOh/i Willinnts, alias Thorn s Parsons, a man of - colour, and Gusty/ . Dongreed, alias Daniel Green, were charged, the former with knowingly and falsely personating and assuming the character of being an out-pensioner Of Green wich Hospital, by' pretending to be a Man of co lour the name of Thomas Taco}) ; and the lat ter prisoner with aiding . and abetting him in the' perpetration of the crime. The prisoners were committed for another examination, when My. Bicknell pledged himself to prodticeniord evidence against Dangreen. MAALBOROUGTTRECT. HORSE CIIALINTING.—VCSterIitIy the final EXA.. , titillation of Pytqll and Savage, for fraud, in horse chaunting, took place. It seems, however, that detainer for felopy against Jones had been lodged against him, and the conductors of the prosecu tion did not deem it necessary to bring him to this Office,' the prosecutors being• at liberty to preter a bill against hint at the Sessions. After hearing Counsel for the 'prosecution and the defence, the Magistrate, Mr. BLYattows, committed Pywell and Savage for fraud and conspiracy. The prisoner', are bound to give 24 hoari notice of bail. • GUILDHALL. EXTIIAOiDINMIY y01111)g lad of most interesting'appearance and manneT, was charged with the following offence :—On Mon.; day, (hiring the trial between the Fit'e_ : oftice and Mr. Dunkin, a considerable crowd was assembled in the Court of King's Ben Ch. In it stood au eminent surgeon in the city, who imagined he felt some one pull at his watch-riband, to which were affixed three gold seals. In a short time he telt something and upon examining, friund his watch-riband cut, and seals gone. The prisoner, who stood close to hint, was , seized,. when the seals and :a pair of scissors were found in his hand. He refused at first giving any 'ac• count of himself, isn't at lenghth confessed that his name was Robert Anderson, that his family resided in Manchester, front whence he was en ticed him a Gentleman, who, however, had desert ed m since his arrival, and being-friendless _ and distressed, he was (trivets to the commission of the crime (the first) he had committed. MANSION , HOUSE. DISORDERLY House.—J. Donoughoe, the keeper of the Grapes, public-house, in_the Old Compeer, Cheapside, was charged by the night officers with entertaining disorderly characters of both sexes at unseasonable houri. T he evil com plained o( was not confined to the honse of the publican—it extended itself around the neighbour hood, by the party retiring from the scene of dissi pation in tumult and riot. Fights between men and women were the constant results in the streets, and a few nights since, in one of these affrays,, feniale'had her head laid open.—The publican in his defence said, he held the house under Iris fa ther7in-laiv, and that beiing much distressed of late for the, want of business, lie had established' what i 3 Called a " Cock and Hen Club," fo r t h e sake of . custotn.—The Loan MaYdit said, be thought . there did not remain in the city a house so bad, and he should exert himself- to the utmost to keep such places down. WORSHIP-STUF,F.T._ II A CR, E\ C C - r - ILNIA (WO Freeman, owner, and driver of the hackney chariot No. 1,09, was summoned to this office, to answer the contl>laint• of Miss Margaret Dew, the daughter of a respec table tradesnsan in Shoreditch, for extortion and improper-lconduct. The Complainant stated, that on the 7ili instant she took the defendant's chariot frotuthe stand in COrnhill, near to Graceehurch-street, to take her to Star-corner, City-road. On arriving there, be fore she came- out of the chariot, she offered A • know •' rend:Jut Is. o,l.ing the tilstance to 4e abort a mile. Defendant refused to take it, declaring. ' she should not leave the chariot till she p-sid and behaved in a most insoient,mankr, till Coat- Plain:4dt submitted ; and as she had no more change, she offered him a pOtind note, but .he fte44l to Change it till she would give hint another shilling td drink ; but , on her insisting nit his giv ing the full Oninge, he consented to take sixpence, His language cin the occasion %vas •utifit for the public eye. The detendant, io defence, said be-has a coach; a chariot, and one pair of horses, which he work; with only. one number, changing it alternately . as occasion may retilire, add brought for Ward his sta ble-keeper to prove the chatiot had not been out on the day_stated by the complainant. • Gitrc'dan, the sitting Magistrate, expressed his surprise that the Commissiouels would grant a number to be transferable lty any individual from a coach to a chariot, at their pleasure, where by that individual 'has, it in his power frennentif ' to. deceive and defraud the public. It was only prOmoting a collusion rithongst coachmen which should not exist. it was the first time such an in famous practice ever came td Ilk knowledge, and now be would take care it should be reported to the . Comm ssioners, as he doubted whether they were aware of the grievance, and probably they would take away his licence altogether, and fur- Aber, he 011 e Magistrate) would represent the case to thi Member who brought forward the Act its the House, in :order to remedy the eviL. The de-_ fendant had from Thursday last to bring forward evidence to controvert the charge, but batitr't . failed, it sufficiently -proved his guilty conduct therefore be must- be fined 20s. for the extortion!„' ;IA 51. fur lewd and improper cimversation Ics toMplaintint.—Convicted accor'dMizly.. SPORTING INTELLIGENCE. EDINI3t7RGH RACES, AND NtISSELBURGII MEET- ING, 1817. THURSDAY, JULY 17. The All Age Stake of 10 guineas each, p. p. six subscribers.. Two miles. The Marquis of Tweeddale named Mr. Bogue's Si a- JOU, 4 'ears old,Sst. - - - _ Mr. George Dawson's gr. c. Albyn, 4 Yeats old, Sat - Mr. Michaelson's hr. f. Lotta, 4 years old, 755. Ilb - A most excdlent nice. 'SAM F. LAY. Fifty Guineas, by subscription. Three miles: • Sir M. W. itidley's br. c. Lucifer, 4 years old, 84t. i lb.. 1 1' Sir IL K. Dick's b. us. Bella, 6 years old, 9st. i - 2 Mr. Pierce's b. c. by Remembranccr, 3 years 444 _ _ Gst. 12lb. - - - Mr. George. Dawson's b. f. by Betnembrancer, 3 years old, 6st. 121 b. - - - - - - - 4 4 This was a well-contested race, each beat being.won !.fr little more than a length. There was ti great (teal more company present on thig tbart• any of the preceding days. 3 S FLUDAY, JLTLY 18. Fifty Guineas, by the Right Hon. William Dund3s, 11: .1* Four miles. Sir M. Ridley's br. i;Lucifer, 4 yzari+6,l4 t- Mr. Taylor's b.. 11. Ned Lauder, 5. years oid, tht - S. Sir it. K. Dick's gr. h. Outcry, ti years old, - S An excellent race. There w.sc hat race., out it a aoryttli litt le 911.4. ' Tile races were. -id gene; at, well vootested, r;,2 4 and afforded capital sport. There wits.sidoe_ hei shuwei•s• ,- of 'rain on Monday and Friday, but the weather fur the reit of the week was remarkably fine. These races were still bettcr attended titan last year; rieß;if splendid equipages were on the geom. tt, anti the horsopteer4 and pedestrians were .extreme!y immerous; 'She ',course wl.s• kept in the very bebt condition, and it uodoubteitty perhaps superior, to any rave•ground. the soatia. Newmarket, -it is taarteri off into two, three, and four mitrii,„ *tad is.adapted for,any distance, so as-to suit either the gge„- speed, or bottom of the horse. Those of the nobility and gentry Who partake of the sportit of the turf, and who conti Mate so larg,ly to these aniuse-7. meats' in England, cuntit never be' induced to' facir - horses to our annual races so long .as they were held •on tree sands at Leith; but no sooner was tire scene stnacci to Sias.- selburgit, 'than they instactly care forward. to mettle of their steeds, and to render the spurt as intereatifq: as is• held tii.,be entertaining by the frequenters of - Meer , ntarket, York or Doncaster. The merit of this change rests in first place, we preittni4. with the noblemen and gAltlemen of 4,eCaledoniati tgo„nt,„ who last vear so rightly.evi!tc,ea 'ideir good taste in seletzt it this nrOihourhood for their annual- hunting dreetingoiyer , by evidOtting, in the sporting annals, .a new feature of our ancient metropolis. - Their example was hare.sertely• and 4d:- interestedly followed by our WOli by Ma k ;istrate444rotiikl: - ing their contingent ; and the liberality of the Ma4i-firAns of Nlusseltiorgh fulfilled their requisite duty in comply:l4w 'the course. The dignity of the city, on this occasion, was well and pro+ perly sustained : An elegant landau coach, with six matched dark-browns, conveyed the Lord Provost and gistrates, a-nd was drove by the Master add President of the, %VIA:), John Wells, with all his aexustomed science; otin4 coaches, with four horses in -each, were appri?riatee , lo. the other members of the Council.—(Edintifir3-A conradr,' i 9.) - COUItE OF EXCHANGE, 'l7u zsmr, JULY A nuterdam 37 G It. 2 Cs. • Ditto, at Sight 37 0 Anistei dans Ditto, at Sight Rotterdam • ll I f 2 lii. Antwerp - • ll 11F..x.Moner • Haaihurgh Altiniti Paris, 3. Day's sight..... - 24 34 Ditto Moinifeanx, ditto - —24 50 Frani; fortun tlio Main Madrid - 34 F.Cectivt 'Cadiz Sevilla liillma - • 311 , Gibraltar . LegliOrn •.• • .. 4Bi Genoa... 45A—Venjce , 27 : 47A —N apl us Malta... . 401 Palermo • 190- per Oz.' • • . 58 Lisbon ~ Oporto • •• • ' sa . Rio Janeiro . . Dablin_; ..... i 3;.. .Cur's..... 124. pc: Cent:" ' - . .. Agiu of the Bank on floliand_. 2 • . Portugal 'Gobi, it, Coin I.() 0 () per 0Z... FOieigli Gold, in liars..... Silvcr. in liar:;, Standard .. - 3! - ---- NlAltrtlf,D; . ~ , on the 9th, at Mary-te-hone Netv Church, T. N. Hints Esq. of St. l'ateribur4ll, Jo Aiwa,- eldest daughte-r of: F. T the sculptor. ' 2 Esq. 2ai nit. at St. Nlary-le.bone Nov Church: Join) tginiet the li Sont ltwell Brown. Esq. eldest sou 01 Jclut Soul It Well lico,ll, E q . a Mouot-Drown, county of Litutrich,' to AJargatet Aline, second daughter of the late Ilajor-L4eneral Joki." :fig= aloodiskitm Vem:y. - • . DIED. On Sunday last, at Epson), Mr. John F)iivps, if , his 40 th year, late sixth 'nate of the Hon.'east Ineia Conniany's.ship e•illeby Castle. - LONDON: Printed by 3. 13. CARSTAIRS, of No. C 9, eat 0m:told-street, (loom-square; and publiditil by 13'. SCRIPPS, of No. 7, Sontli Moltun,stre,t, at THE ScN Mice, No. 112. Strand; where Adveitisements, 01 , 1r:til t Lrttcrs, 3.:c. (post-paid) mast 40 addrusstd. -7 tq' 1).01 7 ttid e I r l ~i T t rl-1 hOR tIl LC the . !row To 1 SUP NE% to fist ~/ the pass late Pies