The Sun. — London, England, 1817-12-06 00:00:00

LAW INTELLIGENCE. 'COURT OF CHANCEItY,'Dec. S. The LouD CHANCELLOR tail morning'resttined `ids sittings in •Linctilo's-innhall. `On coining into Coinr, his lordship said Unit be had fully -prepared hinrself to Civelndgments in several rases to-morrow Thrirning, Along others that of -v.istell and . tfie 'CourmisSioners•of the 'Laud Tax, whirl. involved is greater number of curious and ibteresting points than he had been of first aware of. .I.le had. exatnined- the provi sions of the Act of 'Parliament 'empowering 'tire Commissioners to 'act for the - reilempttou of the Land Tax, and feeling the importßnre•of the case, Ire would to-morrow morning at full !row!) state the grounds on which he had formed it is opinion. There were a - few other cases, which he should order to be put in the paper for Monday. LX•PARTE HUGHES, IN THE MATTER 01 0 RICH- M ,, ND, A BANKRUPT. Mr. MostAGue, in this case (which has already been fully laid before the public), asked his Lord ship whether he was ready to give judgment, as it n•as peculiarly pressing. The Loan CHANCELLOR am aware of that, but the papers are so volominons, that it has taken me more time than I expected to read tl►em. I shall on Mondly morning dispose of it, as at pre sent I am rot aware of any thing to prevent me. Mr. Al 0 NTAGU E.--We certainly should not have presumed to trouble your Lordship, but the poor old woman is at the very point of death. _ The Loan CHANCELLOR—I recollect all the facts of the case, detailed so fully by Counsel on both sides, and on Monday I shall enter into it and give my decision. You would oblige me very much by handing up to me a copy of the order made on the 18th of August last, whereby, 1 be lieve, the principals and their agen's were re strained from proceeding in the sale of the furni ture and property on the farm. By seeing this, I shall be better enabled to judge what I should 'do. I cannot take up ally time to-day in giv ing judgments, as I am obliged to rise at an early hour to attend a Council for receiving the Recor der's Report, and taking into consideration some very pressing business. LX•PARTE DUNN IN Tao MATTER OF DUNN, A BANKRUPT. In this case, in consequence of a trial pending in the King's Bench, tie Lord Cbaucellur super seded a commission of bankruptcy issued against the insolvent in July, 1815, it appearing that no proceedings had taken place under that commk sion and also that a new cormnission had been taken out in May, 1817. lu the case of ex-parte Davidson in the matter of Boggau, his Lordship, after hearing Sir Sa muel liontilly and the ::..olicitor•General, consi dered the manner in which the Acts of Bankruptcy Were described as too loose, and the time in. which they were said to be committed as too general to go to a Court of Law; but he allowed a fortnight to amend the bill. There was no other case of any importance, and at twel►e his Lordship rose to attend a Cuuncil. COURT OF KING'S BENCH, Du.. 5. CRIM. tON. BOLTON versus WRIGHT. This was an action against the defendant for criminal conversation with the plaintiff's wife. The damages were laid at 10001. The case of the plaintiff was condacted by Mr. ToPriNG and Mr. ItiCiAARDsoN, and that of the defendant by Mr. SCACLETT and Mr. GuRNEY. The circumstances proved in evidence were these :—Th.e plaintiff was a man thirty years old, living as domestic servant with Mr. Maynard, holdiag a situation in the Custom-house, keep ing a country-house at Muswell-hill, in the neigh bourhood of Highgate, where he and his family re sided (luring the summer months. The defendant was a gay Lothat in, of 70, in very wealthy circum stances, by business a carpenter and builder, resid ing at Crouch-end, where he was owner of a great many houses. On the 14th of Aptil, 1813, the iff was married by banns in St. George's, Hanover-squate, to his present wife; then Mar garet Stevenson, and now about 26 years of age. It appeared that during the Summer months when the plaintiff 's master was at Mus well-hill, he re sided with his master, and his wife- lived sepa rately from him in a cottage at' Crouch-end, which he rented of the defendant; but that doting the winter months she lived with her husband in Mr. Maynard's house.—They were represented to have lived on the most aTectionate terms until the pre sent transaction, which wis proved to have been discovered in the following manner :—The ‘le fendant h ad built some additional rooms to his house at Crouch-end, and on the 15th of Aptil last, the painters and plaisteters were at work, finishing the improvements for the immediate occupation of the defendant, who was an old widower, and kept a housekeeper for the management of his domestic affdrs. One of the painters was at work painting the stairs, when he heard tan persons entering one of the new apartments, which was separated front the staircase by a thin partition. Prom the motion of the feet of the parties he judged that they were of a heavy and a light person, the de fendant being a lusty corpulent man. He heard a female voice, say in a whisper, " don't, they'll see us (ruin the workshop windows." . The/wit ness descended a few stairs and beckoned to another workman named Curtis, who was painting the kitchen,- to come up stairs, which lie did accordingly, and both listened to the motions going forward in the room, which con vinced them that the parties• were engaged in the criminal act charged by the dealaration. He had 11() doubt that one of ;the parties was the de fendant, and in' order to satisfy their curiosity as to the other, they arranged their stations so as to make their observations when the amorous couple should descend the Stairs, which after about 20 minutes stay in the room they did, and the plain tirrs wife and the defendant were immediately identified.—The matter• was soon buzzed about the neighbourhood and reached the plaintiff''s cars, who in the July following commenced the present action. In the mean time the defendant had traced the report to Lucas andeurtis,and threatened topro mite tiefaniati4,if itey 6111 . m wlttiy the slander and make an aptdogy ; which, however, they refused to do, and hi a ved him to proceed It appeared, however, that the plaintiff did not finally part with his faithless rib until the last week in the mouth of October, though there Was no proof that they had cohabited tog'ether since tlw adulterous intercourse. Under these circum stances, MY. SCARLETT addresed the Int:) , on the pgrt of the defendant with great ingenuity, urgitg the obvious topics which presented themselves on the evidence iii the. case, for mitigated damages. Lord ELLENROROUGH summed up the case with suitable observations, and . The Jury found a verdict fur the plain —tiffDa tmagcs 2901. HOWARD V. COCHRANE, ESQ.. Mr. GURNEY stated that this action was brought to reemer compensation, in damages, for a mali cious prosecution which the defendant had insti tuted against the plaintiff, for assault and false imprisonment, at the Clerkenwell Sessions, which he did not think proper to follow up—hut, when the plaintiff gave him notice that he was ready to proceed to trial,' he perfected to appear, and the plaintiff was of course acquitted. M t . Howard was. watch-house•keeper for a part of the parish of St. Pancras; appointed by the Commissioners for pav ing, lighting, and watching. The defendant, James Johnstone Cochrane, was a Lieutenant- Colonel in the army. It was the duty of the plaintiff to -receive and keep securely any person charged by the watchmen with riot, disorder, or other improper conduct—and a strict direction was given by the Commissioners to the watchmen to clear the streets in the neighbourhood of Fitz roy-square, of women of loose charattor„About two o'clock in the morning of the 29th of May, 1816, the watchmen endeavoured to remove some prostitutes from the end of Charlotte-street They were, however,resisted.by !he defe:idant and a person who was in his Company—and Colonel Cochrane assaulted the watchmen most violently. With great difficulty they succeeded in taking him to the watch-Lowe, where he conducted himself very riotously;.---'life plaintiff was at this time in his bed, but, on hearing the noise, lie got tip, and endeavoured to restore order, Finding his eliorta ioelkectual, he seized Colonel Coch rane by the collar, and he was forcibly locked tip iu the strong room. He was, however, soon after set at liberty, on his .friend informing the watch-house-keeper who he was. At the usual hour the parties proceeded to Marlbo rough-street, when Colonel Cochrane preferred a complaint against Howard, who was ordered to find ball for his appearance at the Sessions to take his trial 'When the day appointed for the trial cattle, Colonel Cochrane did not appear, and Howard was acquitted. lo order to clear his character, and out with a view to heavy damages* he-now brought his action for this malicious pro sucntion. The indictment against Howard, and the record of hisacquittal, having'been put in, . John Monck, John Reddy, and George Evans, three watchmen, were called, who proved the violent conduct of the defendant, whilst proceed ing to the watch-house, and whilst in it. From their cross-examination by Mr. MAR RY ATT, it appeared, that Colonel Cochrane's head was cut open by :I fall on the' he,rth-stone, and that he had also a cut over his eye, in the course of the fray. • Mr GURNEY was proceeding to - call other wit noses—when Lord ELLENBOROUGH (who had previously in timated that the watch-horse-keeper WiP3' bound to preserve order in his prison) Unless, Mr. Marryatt, the facts of the -case are likely to be materially altered, we need proceed no further. I certainly think there was no foundation for the prosecution against the Officer. The defendant was brought into the watch-house for a riot, and he continued rioting there, %which was highly im proper. But I think, under all the circum stances, particularly considering the defendant's suffetings, that the damages ought to be very minute." Mr. MARRYATT.—" If your Lordship thinks this action is not maintainable, I certainly will not press the matter further." Lord ELLtiNBOROUGH.—" I think it is main tainable—hut I also think that nominal damages will be sutEcicnt." Mr. GURNEY. 7—" The prosecutor has no object in view but to vindicate' his character." The Jury, under the direction of his Lordship, returned a verdict for the plaintiff—Damages One CONSISTORY COURT, DOCTORS' COMMONS. CRUELTY AND ADULTP.RY. ANNE PARTRIDGE, THE WIFE", AIIAINsT JOIIN VIONAS PART- RIDGE, HER HUSBAND. This was a proceeding on the part of Anne Par don Partridge against her linsb onl Thomas Pat t tidge, for a separation, on account of his infidelity and harsh treatment of her. The parties were married in August, 1810, the wife being then only 19 years of age, an►) bad 3 children, since dead. In the summer of 1812, Mr. Partridge commenced a criminal intercourse with Susan Oley, a servant maid, in the employ of his cite, acid soon afterwardS took lodgings for the girl, vi ho in July 1813, was delivered of a child, for whose s►►pport Partridge gave a note rf hand, upon which he was afterwards sued, and in Feb. 1815 was committed to the King's Bench Prison for debt, where he remained till the month of July following : and during his confinement cacrie►t on criminal connexion with one. Sarah Sawyer and other women. The conduct of Patridge to his wife was marked •with a degree of brutality naturally to be expect ed from the other circumstances stated il% this case. He gave no appearance in the cause to re sist the sentence of separation,' which was ac cor►iingly pronounced, after the evidence substa►t tiatiug the facts had been read, and shortly re marked upon by , the Counsel for Mrs. Partridge. COAL,INIA REEF, DEc..5. • Ships at Market. - Ships sold. Price. 8.1 ; ,f Newcastle .......5U..... 4ls. 9d. to 48s. 3d. 8 Sunderland ..5.......... 345. 3d. to 455. Gd. i Stone Coal I Cu1u1...•::•.....•....• 1 ..... ...• 335. Od s to —s. Od. ToLi) B.\ll,Ey.—bic. 5. CHAROE 'OF RAPE. Maiere was fair baying forcibly viulated Eliza `lay This trial decitilied a izerY considerable portion of the time of the Vi3irrt. The prisoner is a soap 7 boiler, and the prosecarix was a girl living in his service : she had., howeVer, left his service before the present transaction, ,vhirt took place On the 511) of November last. TM; examination of the prosecutrix las:ed for afro hOurs and a half; and adthritigh the facts of the ease were distinctly prov ed, yet Upon the cross-eXamitratlort the case took a different turn. It was IKOVed that she had on many occasions suffered most indecent liberties to be taken with her. Itihileia the prisoner's ser vice, she had suffered her master to take her upon his knee, and to kiss her. On this account She had been turned away by the prisoner's mother, who had watched and seen what had passed . . On another occasion she suffered him to act still more indecently, but still she withheld all information, and suffered the prisoner to continue his caresses. Previous to the sth of November she had seen the prisoner in Goswell-street, and. then an ap pointment was made between them to meet at a Certain spot at a certain hour (10 minutes past . seven in the evening). The prisoner at the same time gave her a 3s. piece to boy her_ a pair of gloves. More than once, she confessed, she had joked with a woman with whom she was ac quainted, of the name of Adams, about her con duct with the prisoner, and had several limes call ed him by the familiar name of Billy Moore." She admitted that on one occasion she had been surprised, while in the company of the prisoner, by a rinairig at the bell, and that at the desire of Mr. Moore she just. stepped into what was called the do:„i-hole, to get out of the way of the excise man. She was now 19 years of age; had been one year at service, during which time she might have been dismissed five or six times. She had lived in the service of a Captain Fuller six weeks, but denied that she was turned away because she and her master were too familiar. With the pri soner she admitted,-however, she had frequently been alone—that he had taken liberties with her, and that she had, in answer to a question from her friend Adams, said, " Yes, I think it would be a good thing if I could marry hint." During the cross-examination a great deal more came out, which it would be highly improper to detail ; but it was most distinctly proved that there was no foundation for the charge of violence, and that it was not until a fortnight or more after the trans ac ion that any information of_the fact was given before a Magistrate. The only• other witness called by the, Learned Counsel for the prosecution was a Mrs. Aldridge, with whom the prosecturix lodged - after her els-. missal from the prisoner's service. She proved her distressed situation on her return home on the, sth of November, and her declaration of the whole circumstances of the cafe. Upon her .cross-examination, however, it came out, that instead of informing a Magistrate, she went to the prisoner, and endeavoured to com promise the matter. She admitted ditit she. had asked him whether he intended to marry the girl, but denied that she asked burn for any money. The prisoner was indignant at the proposal,. and said he would have nothing to (!o with it.. She had allowed the prosecutrix to meet the prisoner at the time appointed, ahlintigh she was•aware , it was highly it - 11)161w. She advised her against it, but she said her remonstrances were 411 in vain. . The case here closvd for the prosecution, and Mr. Baron GAR ROW addressed the .Tory. He said, it their minds were not already made up on the case, he was most ready to proceed - with the trial; but he really thought, after irhat had been heard, that there could be no pretence for saying that the gentleman at the bar was guilty. The gentlemen of the Jury, however, might entertain a different opinion ; and if so, he world go on with the case, and call upon the prisoner for his defence. It should, however, be recollected, that charges of this nature were most easy to be made by wick ed.and designing people, and most difficult to be refitted by the innocent. It was, in truth, only front the circumstances of the case, and the facts which came out incidentally - during the examina tion, that the innocence ,f the prisoner could be collected. • The Jury immediately Acquitted the prisoner, and his friends testified their approbation by clap ping their hands, and by using other indecorous tokens of joy. .Mr. Baron GARROW was obliged to interfere, and desired that any one-who was found conduct ing himself so indecently should be brought be fore hint in order that they might be committed ; at the same time, he Complimented the Jury upon, the justness of the verdict they had brought in, and . the attention they bad paid during the whole of the trial. Ile had himself made up his mind very early indeed 'in the trial, but had awaited until all the witnesses for the prosecution had been examined, actuated by a sense of justice ; but after the declaration of . the last witness, that she went to the prisoner, and endea voured to bring about a .marriage, and that no in formation was given to the Magistrate until a fort night after the transaction, it was trifling with the feelings of the prisoner to continue the . exit mination. The prisoner had very properly refused to yield to the proposals of these ‘vomen, and bad chosen rather to be brought to justice than to an swer their purpose by agreeing to their sugges tions. On many accounts he felt pleasure that the Gentlemen of the Jury coitacided in opinion with him, as it not only saved the time of the Court (which, however, was a minor eonsidera . - dot)), but because strict justice was done to the prisoner at the bar, who had so properly acted rduring; the whole of the transaction. The prisimer expressed a wish to address a few words to the Court ; and with a faultering voice he spoke to the following effect : " It is true, Gentlemen of the Jury, that I have been too familiar with that ile woman, who con sented in order to ensnare me. Both the wit nesses who - have given their testimony against me to-day have endeavOnted to extort money , from rue, but I would not const.nt to be their dope. While 1 was locked up in prison they demanded of me 10001. as a recompence for the injury they . . asserted I had done ,n't. a - s'ettlerneri for life of 501. per annum. This 1 iefused to give and Atlifst they said ; they would let me for 160/.., I . t 1 tvould phytfle 'recognizancts, tvhic:l amounted to 1201. I teas recommended by my friends to go before a Brit ist a'nd to asseitury innocence ; and I persisted iti tensing to enter into any . comprainise. Finding, however, th,o they could not hked me, they uttered to let me o if if 1 would pay the recognitantes ; but eren this I refused.", The rritOnei was * then taken from the bar, and was again greeted by his friends in a similar man ner ==The prosecntriZ deli‘.ered her evidence i n 3 very faint.voice, and at intervals the Court were obliged to wait for a considerable portion of time for her answers to the,interrogatories put to her. She was seated dwing nearly the whole of het exaMination. tit AlloE or MuanEß.—Mary Cooke was indict. ed for the wilful murder of Thomas Caynes nri the 26th of October, by striking him on the head with a hammer. The prisoner was acquitted. POLICE INTELLIGENCE. THE SPAN'S I'ATIHOTS, 11fAxsioil-HousE.—Vesterd a y a fine able 'MI.. low, 28 years of age, stated to the Loa!) i'vinYott, that, he. had been advised by a Alagistrate itr the county of Kent to apply to his Lordship as the iinly parson qualified to instruct him how to act in a case of much hardship. The complainant said, that be, and about 40 others, had gone on board the Britannia, now lyi ng at Graves e nd, destination South America, at the request of a Colonel, who proftlised them SO dollafs a man Upon their joining the cause of the Spanish Patriots. The pay was to commence from the day they. went on board. The offer of such a reward in stich bad times wag not to be re.• fused, and accordingly he, and II is companions ill adventure, submitted to all the regulations for the voyage, having complied with the direction to pot away their watin clothing, and substitute that which was adapted id a warmer climate, and to have their hair cut in the military style, as close as possible to their heads. The complainant hail been in his Majesty's sea Seri/ice 13 years 'and nine months ; had no objection to turn from that service to the field, where he was given to under- stand he might fight for the Patriots without any impeachment of his duty to the British Govern ment, and had such a reliance upon the Genile man who hired him as prevented all suspicion of disappointment. The Loan MAYOR asked whether the Colonel had entered into any written agreement with him and iris companions upon the subject of pay, and upon what authority he had been employed td tight against the Spaniards? The complainant .said they had no other security for the payment of the money that) the word of the Colonel, whir, he believed, took all the respon.. sibility of the matter upon himself; but, whether Government had authorised him or not to go to South Arnesiea to fight, :see seaman did not know.. The other day be and his Entry companions were , surprised with an order to go ashore, compll.- /Dented with a shilling a piece from the Colonel, who said they were not to sail, and here they w ere in town, without a halfpenny in their p,ickets, and dressed in jackets and trowsurs, through which the windi made 30d wor k wi t their limbs. The LonD MAYna mentioned, that in ail proba bility, the ltroclnnu had broken - the contraei, having rendered their dismissal Lordship COUCIMIed with mentioning, 'that his should write to the Colonel upon the subjecto and on receiving his answer, make some arrange ments fur disposing of the complainant and. his companions. The seaman thanked his Lordship, and' s a id. they were all able to work, and if they had co vering would look for employin6lt. EXTRAORDINARY INEWMANITY AND BARBARITY TO A GIRL. UNION-HALL.---On Thursday Mrs. Paton, who , was charged with ill-treating her niece, Jattec Paton, and was ordered to be committed until she found bail, by a subsequent application to the Magistrates was suffered to go to her family, upml her own, and her friends undertaking that she should attend with bait yesterday morning. She attended accordingly. The Magistrates were of opinion, that neither of the girl's relations' were fit persons to have the care of her. Mr. Camp bell, haberdasher, Kent-road, one of Mrs. Paton's bail, offered to take care of the girl for a month, until site could be sent to her friends in Scotland. The Magistrates :approved of the arrangement, and admitted Mrs. Paton to bail upon- hods charges of inhuman treatment of Janet Paton and assaulting Mr. Mat.—The girl went home with Mr. Campbell. COURSE OF EXCHANGE, FRIDAY, DEC. 5. Amsterdam ...., 37 6 13. 2 Us. Ditto, at Sight 37 0 Am4tesilant • ll 10 C.F. Ditto, at Sight II 7 Rotterdam Antwerp I 1 I I Ex.Mone/ Hanthurgh 34 7 2 Us. Altona Paris, 3 Day's date Mao , lionvileaux, ditto • - 24 60 Frankfort on tl:e Main Madrid Cadiz Sevin.; Ililboa - , Gibraltar . . Leghorn ... Cie: ma... 4q--Venice Malta... ..49 -Naples 42 Pitlermo Lisbon Oporto Elfo.Taneiro 84 per Cent. Agio of the B:mlionHolland.... 2 per Cent. Portugal Gto.a, In Coin 1 .0 0 0 per 0% hew• Dollar; 0 5 4 Silver, in Bars MARRIED. On Tharsilay last, Thomas Roprr, Eq. of tioble-stred'. Falcon-square, to Miss Eleanora Johnston, of Hampstead.-- DIED. On the 29th u:t. at Devon, Mrs. E. M. Sor rine, yoomyest daoghter of the Lite Hon. George Somcral" of Diode', Somerset. LONDON: Printed he J. B. r.ARSTAIRS, of No, 29, Ormond-street, Queerf-F.vntre; an,l 'published V‘% ; ,.1 SCRIPPS', of No. 7, South ;Bolton-street, at TETE Office, No. 112, Strand ; where Advertisements, Onto" Letters, &c. (post-paid) urust Inc addressed. I the to 8 `Par, 4117 Pe% ?ha .Ir e fur en) -11 ter I 2