The Sun. — London, England, 1817-11-21 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, N0v.20. BRYANT, in the matter of BRYANT, a Bankrupt. The Loan CHANCELLOR--" The first petition hold in my hand is the one presented by the father, the bankrupt, relative to the seizure of his son's goods by Air. Stewart, the assignee of him (the father), under the commission of bankruptcy. It was amended afterwards by my order, as I fought that in a petition referring to goods a) , hich were alleged to.be the property of the son, it was proper that the son should petition in his own right. This was the case, I believe, at our last sittings here, and I sent the case to his Ho nour the Vice-Chancellor. I understar4 that it Ayeut to the last Sommer Assizes at Surrey, -and was there tried before Lord Chief Justice Ellen borough, at Nisi Prius. It was an indietylent, which alleged that the defendant, Stewart, had broken into the house of Mr. Bryant, the -Bank rup:, and brc.ke, destroyed, and carried away the furniture of Charles William Bryant, the son, and put the Bankrupt in danger of his life. It lips long been established by the Court on the other side of the Hall (the King's Bench), that if a man proceeds both in a criminal and ci vil action for one assault, the Court will find the means to stop one or the other of them. I know this was the case when I was more immediately acyminted with Law Courts. It, is difficult for me to- say when the gout is below first did this ;' isit it has been their practice. When the indict ment went to Nisi Prius, an order was made by -that Court, of which I have got three copies, to 1.71 accurately informed before I read it. 1 will ottly say that I have considered the case, first of all to see whether Mr. Bryant, the son, was really a p.irty, for if not, then the order of Nisi Fritts could not he obligatory on him. I am, however, satisfied that he is a party. I told you all again and again, that sooner or later you would find -something done as has been done at Nisi Priui, namely, that the differences between the parties should he amicably settled. I for that purpose nominated Mr. Were, but this advice was not at tended to. The order made at Nisi Prius was, that one of the Jurors should be withdrawn, and all matters in dispute to he referred to Mr. Den man, and that all the parties abide by his decision, if he makes his award in writing on or before the fourth day in the present Term. Probably that Learned Gentleman has extended the time." " He has, my Lord, for uo The Bankrupt— report is, as yet made." The LORD CHANCELLOR—" I withdrew the prohibition about the papers, as will be-recol lected, as I thought the assignee had a right to sie them.---•-The only difficulty I have is to know whether the reference to Mr. Denman includes the whole of the case that was before me; if it does not, I don't know what I can do, I wish the papers to he given to me again, and I shall hear Counsel to-morrow, if they have any thing fur ther to say." Sir SAMUEL ROMIL LY—." I understand the or der in- the same way as your Lordship." Mr. MONTAGUE—" . I hope your Lordship will make some order in the second petition, as Mr. Stewart, the assignee, has indicted the bankrupt for peikay." The Lotto CUANCELLOR^" When I bear this said, I must own it is an accusation of such a se lions nature, that, as'a mere accusation, I cannot listen to it. Furnish me with the papers, anal I will see what I can say on it to-morrow." WILSON V. DAVIS. The LORD CHANCELLoa—" This is an appli cation made by the plaintiff, a farmer, residing in Wales, to redeem a mortgage which . the defen dant,held. He applied to the defendant, who is a Solicitor, for a state of the accounts, but could not get them, and he had therefore very proper ly applied by bill to this Court to regain his . estate. The - defendant, without consulting the persons who had the superintendance of the plaintiff's affairs, employed his son, who got the plaintiff to sign an instrument, by which the writ of attachinent against the defendant for his Mis conduct,was agreed not to be executed for some time. lam sorry this was done, as it militates powerfully against the defendant, especially as the poor unsuspecting plaintiff' has sworn that be did nit know what he was signing. The defendant now comes to me to ask me to do away with the writ of attachment, and grounds the application on the circumstance of this agreetnent. I must, however, inform him, that that agreement is now , done away by an order of this Court. The Defendant is charged with a gross fraud in the affidavits of the plaintiff. I shall, therefore, give him time to reply to.them ; but I shall not in terfere furtlwr at present. lam astonished that it could be thought so careless as to allow any order of this Court to be frustrated for a fraudu lent purpose. Let the defendant reply to the affi davits it he can, and till theu lat least shall be indulgent." PRIVATE HEARING.-COLEBROOK2 V. LEE. In open Court, Sir SAMUEL ROMILLY, on the part of Lady Colebrooke, said, the application was made ta his Lordship respecting the guar -dianship of some infant children. Mr. HART said, a counter-petition had been presented, which must be necessarily disposed of first. it was altogether a family dispute, and the : business could therefore afford no interest to the 'public. He therefore slioul request his Lordship would hear it in his private room.. The Loan CHANCELLOR had no objection, if they were all villing that he should do so. Sir SAME.. ROMILLY said he could have no par ticular wish on the subject. His Lordship then, attended by Sir S. Romilly, Messrs. Wetherell,•Hart, &c. went to his private room, and for several hours was occupied in hear ing the case. The case has already acquired no inconsiderable degree of public interest. from the proceedings in the first Division of the Court of Session in Scotland, where the five Judges una nimously deliv,ered the same judgment respecting the guardianship of the infants, and also from the statements which have since been published in the London Papers. In consequence of the private hearing occupying so great a part of his Lord ship's time, the particulars are nut yet known. COURT OF KING'S BENCH, Nov. 20. NEW STREET.-MANDAMUS. Mr. Set jeant ONSLow moved for a rule to shew cause why a Mandamus should not be directed to the Commissioners under the New Street Act, commanding them to issue their warrant to the High Bailin' of the City and Liberties of West minst.e, to his Deputy, or to the Coroner, di rectlog him to summon a Jury, for the purpose of inquiring what remuneration slrotdd he awarded to a person of tl►e name of Leader, the occupier of certain premises iu St. James's Market, for the good-e,ill of his trade, and various losses sustained by him, by reason of the New Street Act. The Act in question was the 53d of, his Majesty, c. 121, entitled " An Act for making a more convenient communication be tween Mary-le-bone Park, and certain parts of the Metropolis ;"—and the 22d clause was that which applied to the present case. That clause set forth '' that if any owners, proprietors, occupiers, bodies politic, corporate, or collegiate, or any other persons interested in any house which the Commis sioners for executing the Act find it necessary to possess themselves of, shall refuse to treat, or will not agree to . the terms offered to them, that then the Commissioners shall issue their warrant to the High Bailiff of the City and Liberties of West minster, or his Deputy, or, if they are interested, to the Coroner, directing him to empannel a Jury, to inquire into the damages sustained by, and to assess what recompenee and satisfaction shall he made to such owners . for, loss of good-will, im provements, and all damage whatsoever." By the affidavit of Mr. Leader it appeared that he was a bittehet;, and rented a shop, a dwelling-house, and other premises, from the Doke of Leeds (who was himself a lessee of the Crown), situate iu Market-lane, St. James's Market. The dwell- ing-hoose lie took with a condition of int provetuent, he being promised a lease of it,. if he put it into perfect repair, in consequence of which he laid out large stints of money on it, and fitted it up as a lodging-house. With respect to his shop and other premises, he there carried on a very considerable buSiness, turning about 4,0004. per annum. After the New Street Act was passed, the Commissioners purchased of the Duke of Leeds his Grace's interest in the premises—and the deponent received notice to quit, not from the Duke of Leeds, under whom he held, but from the Commissioners. In the year 1815, he turned 4,0001. in his business—but, in 1816, his trade was seriously injured by the operation of the Act of Parliament, and he did nut turn more than 2,6001. The Commissioners having pulled down all the premises round him, and given hiM notice to quit, he sent in his demand to Mr. Milne, their azent, who offered him 501 as a compensation for the injury he had sustained, which he rejected. He then called on the Commissioners to summon a Jury to assess the damages, which they refused. By the Act, no Jury • can be summoned, but by order of the Commissioners, and,• therefore, he prayed for the intervention of the Court to com pel them to do him justice. The -Cantu., after intimating a strong doubt whether the Commissioners, having purchased the interest of the landlord, had ,a right to do more than to give a tenant from year to year regular notice to quit, granted the rule. JUDGMENTS. THE KING V. SHUN MEREILS. The defendant was found guilty before Mr. Justice Abbot, at the last Assizes for Suffolk, of an obstruction of an Excise-officer, by means of . which he secured some smuggled, property he was conveying. - He was now brought up for judg ment, and put in an affidait, stating that he had a wife and ten children dependent upon him.— Mr. Chitty was heard in his behalf, and Mr. Ser jeant Blosset for the prosecution : the - sentence was, that the defendant should be imprisoned for six weeks in Ipswich Goal, and find security for his good behaviour, himself in 401. and two sure ties in 201. each. THE KING V. JOSEPH AND WILLIAM AINSWORTH AND SAMUEL MALL. The three defendants were convicted of an assault upon an Excise-officer in Cheshire. They were walking .along the road with guns, having been out shooting, when they were overtaken by Batley the officer, who wished them good day; they abused him, and one of theta observed; tha t he was only an Excise-officer, and deserved shoot - - log, and when he had passed them about 40 yards, a gun was fired, and some shot hit Batley in the back, but did not penetrate through his great coat. For this offence they were brought up to receive sentence, which was, that the first 41efendant should be confined in Chester gaol for six months, and the two last for lour months each. John Julian, found guilty of a similar but not so aggravated an offence, near St. Ives, was sen tenced to be imprisoned one month, and to give security for 3 years in 190/. Lord Ellenborough did not preside to-day, and Mr. Justice Abbot took some undefended causes at Guildhall for the Chief Justice. LONDON ADJOURNED SESSIONS. PUNISHMENT OF AN OFFICER FOR MISCONDUCT. —John Salter, a City Officer, was tried upon a charge of having assaulted and falsely imprisoned a respectable young woman, named Mary Anne Dewsberry, the daughter of Mr. De«•shcrry, of lioiherhithe, on the 29th of July. The .partien. lars of this case, which was discharged by the late Lord Mayor, have already appeared before the public under theheA of Police. The assault was committed at four o'clock in the day, and was of the most aggravated description ; the prisoner, having without the slightest provocation, dragged the young woman through the street, and accused her before a mob of being one of thoe loose fe males of whom he bad been ordered to clear the streets. A verdict of Guilty was immediately given. The officer was sentenced to six months imprisonment ; and the sentence was received with the loudest applause by a crowded Court. POETRY. ELEGY UPON THE LAMENTED DEATH OF THE PRINCESS CHARLOTTE. BY WILLIAM THOMAS FITZGERALD, ESQ.* vobis.Romana propago Visa potens, Superi, propria hmc si donafuissent.—Vittp. 1.6 If perfect bliss, without alloy, To wedded love be given, Th' Illustrious C►tn2LOTTE felt that joy— Her home a little Heaven ! There Fashion's idle slaves might blush to see Exalted Rank from vice and folly free ! In spring of youth, with hope elate, Exempt from pride as good as great, Domestic joys - her own ! _ . Blessed with the''Hushand of her choice, Her Father's love !—a Nation's voice ! The Rosebud of the Throne ! A second Eden made of Clarethont's bowers, Where Lore and Virtue passed the happy hours. From such propitious Union springs The hope to have her Line of Kings To Time's remotest date ! But Heaven that cherished hope denies— Her Child breathes nut—the Mother dies— Mysterious, awful fate ! ' Aghast th' Attendants stand !—The tidings known, Electric strike the Cottage and the Throne ! For she was loved by All—the High, the Low, Feel the same shock, and shudder at the blow t While the deep gloom, and general tear, Proclaim the loss of her so dear 'Po every British breast! Poetic strains in vain may try To raise the head, and check the sigh, Of those who loved her best! Condoling forms are trite and vain, To soothe the soul's keen sense of pain, When hope itself departs ! The Husband's pangs! the Father's grief, Frost One alone can find relief— " The Searcher of all Hearts !" When mortals blind presume to scan The laws by which God governs man, Their impious folly glares ! From us concealed that awful doom That sends the Mother to the tomb, Nor yet her Infant spares ! Let not the Sons of Error say, That be who gives and takes away, In Judgment smites the land— Those ills which, to our eyes, appear As dispensations too severe, His Mercy may command! For oft the evils mortals dread, He turns to blessings on their head. The Royal Grief's beyond compare— Lost is his Child !—his only Heir !. That hope to live again : May Heaven, in pity to his woe, • The comfort in his need bestow, He cannot find from Men ! If care to Sov'reign Rule's decreed, tenfold'When the heartstrings bleed! Accept, young Prince, this plaintive lay, From him who mourns thy widow 'd state; He !laird, with joy, thy Nuptial Day, ' And now in tears deplores thy fate ! But while we all lament that lovely Bower, So early rooted froM this sorrowin?, - land ; With resignation let us seek that Pover, That oft in Mercy lays his chasterling hand. On pure Religion let thy hope reposk, And shield thy bosom from that Fiend Despair-- Then call to memory that, in human woes, " The stricken Deer" is still the Alruighty's care And that from Lips Divine these words were given, " Gop's Will be done! in Earth as 'tis in Heaven !" " We regret that we had not an earlier opportunity of in serting the above Lines, which do honour to the feelings of a Gentleman whose talents are always ready in the service of oyalty, patriotism, and benevolence. THE LATE PRINCESS CHARLOTTE. At Newcastle, the new flag provided by the Corporation, in expectation of the birth of a Royal Heir, was.mounted on- the Castle, half staff high, on receiving the melancholy Account. The bells tolled, and gloom sat on every countenance. On receiving the melancholy account at South Shields of the death of her Royal Highness the Princess CHARLOTTE of WALas, the marks of sorrow were visible in every countenance. A muffled peal was immediately rung at the church, and the, colours of the ships in the harbour were displayed in mourning, and were to be continued so until after the funeral. At Durham, the bells of St. Nicholas' Church rang a mourning peal, and the great bell of the Cathedral Church was tolled a considerable time. The inhabitants of Sunderland had resolved, that, on the day of the interment of the lamented Princess, the shops should be closed, aad the usual occupations of business suspended the whole day ; that the colours of the,ships in the harbour should be hoisted half mast high ; and that the minute bell should toll during the morning, distinguishing the hour of interment by a muffled peal. SCOTCH BANKRUPTS. SEQUESTRATIONS. EXAMINATIONS, DIVIDENDS, &c. James Tait, merchant, Newton-Stewart, to be examined In the Sheriff Court-house, Wigton, 18th November and 4th December; at 18. Creditors of John Skirving,'corn-merchant, Musselburgh, meet in the Exchange Coffeehouse, Edinburgh, 17th Dec ceniber, at 2. Creditors of the Scotch Patent Cooperage Company meet in the Star Ins, Glasgow, 12th December, at 2. Creditors of James Miller, merchant, Glasgew, meet in the Lyceum Rooms there, 4th December, at 2. Creditors of Francis Garbett and Co. late merchants at Carron-Wharf, meet in the Royal Exchange Coffeehouse, Edinburgh, lOch January, at 12. Creditors of William William Baxter, merchant in Dundee, will receive a dividend at the counting-house of J. G. Russell, merchant there, 28th December. James White and CO. merchants in Glasgow, and John Galloway, merchant, Cupar-Fife, have applied for discharges. ATTEMPT AT SUICIDE.---Wednesday morning a man went into a shop in Drury-lane to see an ac gnaintance ; he soon after came down stairs, and went into the yard, where he tied himself up by a rope he had about him, to a large iron nail in the wall he hung in that state' until discovered by the landlady, who cut him clown. A surgeon was sent for, who .used all proper remedies, and the man was sent to St. Martin's workhouse. Tuesday night, John Sherer, of Flanders-ferry, Waltham Abbey, had about three hundred pounds weight of eels, of about 201. value, in an eel box, fastened with a chain to the side of the river Lee ; during the night some persons (supposed a gang of poachers who infest that neighbourhood) broke away the chain, forced open the lock of the box, and escaped with all the eels. ATTEMPT AT ROBBERY AND MURDER, A most desperate attempt at robbery and murder was made some days ago by a gang of four vil‘ bins, on the premises of John Beadle, publican, of North Orkeudon, Essex, and on the persons of Messrs. Beadle, sen. and jun. under the fol lowing circumstances :—Mr. Beadle had retired to rest some hours, and at the time every person was asleep in the house, except some lodgers whq occupied an apartment on • one of the floors, the villains, taking this opportunity, found means to enter, by forcing open the flap of the beer cellar door with a plough coulter, and made their way ' up stairs to the lodgers' apartment, where they explained their business and tied them to the bed steads, threatening their lives if they made any effort to alarm the house. They next repaired to the landlord's room, to treat him in the same manner, but the latter, who is a strong resolute man, made a desperate resistance : the noise that was made; and Mrs. B.'s cries, brought her sari to her assistance, who slept in another apartment; fortunately he came in time to save his father's life, just as one of the villains was in the act of going to strike bins. Two of the gang were guarding the parties they had bound, while the other two were effecting their barbarous pun. pose. The son of Mr. Beadle defended his father and mother's lives, but after a long and desperate resistance, be was dragged by three of the monsters down stairs to the cellar, where many things were packed up of considera ble value. As he still showed a spirit of resist ance, they beat bins about the head mkt body till they left bins on the floor for dead. His fattier, although in a weak state from the usage, and having a guard placed over him, made his way to the assistance of his son, when he found him ia the manner described. He instantly ran up stairs, opened the door which the villains bad forgot to barricade, made the alarm, and procured assist• ance, by which his property and life were saved ; the villains, fearful of being apprehended, made their Way off, leaving the whole of the property. behind theni, and the young man, in their opi nion, dead. The young man, after some exer tion, was shortly restored to a state of animation, and the lodgers were released from their bonds,— The villains were disguised, but by their appearance in size, and what could be judged from their af fected voices, they are four fellows who lived at North Otkendon, and have since absconded. DISTRIBUTIVE JUSTICE. , --A CIItiOUS cast Ca:1113 on, on Friday last, before the Court of Police at Edinburgh. Some Gentleman, in a frolic, made a wager of 20 guineas with a waiter, that he could not drink a quart of brandy and run to a certain distance. The waiter won the wager and went to the Gentleman's lodgings at an hotel and demanded the money, which was given him ; but in doing so he insulted the keeper of the hotel, and was given into the custody of the Police. In the mean time •he became so very ill from the liquor he had drank, that a surgeon was sent for, and it was not till after great exer tions had been used, for upwards of four hours, that he was restored to his senses. The keeper of the 'Hotel brought the waiter before the Court for striking and insulting him ; and in the mean time the money was lodged with the clerk.— Atter hearing parties, the Magistrate ordered 21. to be paid to the surgeon for his attendance ; it. to the two wafrlimen that took care of the man when he was insensible ; the man himself was or dered to have 8/. ; and the remaining 101. forfeited as a fine to the Public. • SHOP- LIFT' NG.--On Tuesday night, about eight o'clock, a young woman of genteel appearance went into the shop of Mr. Rowe, 11, Black Prince row, I\rewington Butts, and purchased several ar ticles of a trifling nature, for which she paid and went away. Immediately after her departure, Mr. Rowe missed a piece of fine cambric muslin from the counter ; his suspicion_ faint) the person who had just left the shop (the elegant lady above mentioned), and he dispatched his shopman to bring her back, which he accordingly did. Ott being charged with the offence, she expressed her astonishment at the accusation, and protested her innocence in the most solemn manner. Mr. Rowe not being satisfied with her denial, sent his shop. man for an officer, that she might be searched. Upon her hearing him give these directions, she produced the lost property from under her petti coat, and expressed a hope, that as Mr. It. bad recovered his property, he would give up the idea of prosecuting her. She was conducted Wore a Magistrate,, and committed. In her possession were found one hundred and twenty pawnbrokers' duplicates. SHOCKING A CClDENT.—Yesterday morning, about eleven o'clock, as Mary Gould, a little girl about three years old, was walking near the Two Brewers, East Smithfield, by some accident it got into the road, and a waggon heavily laden passed over :its chest, arid crushed it flat, and killed it on the spot. HIGHWAY ROBBERY.—Tuesday night, about eleven o'clock, as Mr. Pardoe Davis, of th'own street, Soho, was passing along High-street, Bloomsbury, he was surrounded by a gang of fellows, six or seven - in number, at the corner of Lawrence-lane, one of whom made a snatch at his watch, but failed in the attempt. Mr. Dc instantly called the watch, upon which he was tripped up, and a second attempt made at his fob, but the chain broke, and they only got the seals, which were of little value. BIRTHS. At Chichester, on the 17th inst. the wife of Lieutenant Colonel Tidy, of the 14th Foot, of a daughter. MARRIED At Culzean Castle, on Friday last, Lord Viscount Kinnaird, son of the Earl of Newburgh, to Lady Margaret Kennedy, third daughter of the Earl of CaFSI iliS. Yesterday, at St.Geoi ge's, Hanorer-square, the Res% Henry Torre, of Trinity College, Cambridge, to Margaret, only daughter of the late Captain George Mangles. • DIED. On the 9th inst.•at Broxbourn, Herts, Mies Charlotte Eli zabeth Whitechurch, aged 27. On the 2d instant, at Edinburgh, Gilbert Bertram, Esq. merchant, Leith. ' At Gibraltar, on the 29th of October, George Bell, youngest son of the late James Bell, of Coventry-street, in the dlst year of his age. LONDON: Printed by J. B. CARSTAIRS, of No. 29, Great Ormond-street, Queen-square; . and published by NV. A• SCRIPPS, of No. 7, South i‘lolton-street, at THE Surs Office, No. 112, Strand ; where' Advertisements) Orders, Letters, &e. (post-paid) must be addressed.