The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-25 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Jung 24•

Before his Homer the Mast en of the ROtelsts
SATES • JENKINS.
The question in this case has arisen on the last
will and testament of the Rev. Or. Joseph Hoare
Jenkins, deceased, who was a Master of one of the
Colleges, in the University of Oxford. He devised
a sum of twenty thousand pounds in one of the
Stocks in the Funds, to one of his brothers, and to
another brother a sum of seventeen thousand pounds.
in another fund. lie then disease' that all his
rights, does, and proportions of income, accruing
from the Cathedral Church of Westmin-ter, and
four or five other several Churches, should be vested
in Trustees for the purposes of the trusts of his will;
and he further dire red, that all the rest, remainder.
and residue of all his real and personal fortune, as
well as tile revenues and profits arising from the
several Churches, in his will mentioned, should be
applied to charitable uses, such as his Trustees
should approve of. This last clause excited some
sure ise, from the indefinite terms of it ; for all be-
quests to charitable uses must be made in conformi-
ty with the Statutes of Mortmaia, as now settled.
This case excited some interest, bsiug very iin-
portant in value; but
His HONOUR, with his usual clearness and con-
ciseness, stopped all arguments for the present.
until
the Master shall report the amount of the fortune.
SCOTT Iv FRINSEIP aid SCOTT.
This was a bill filed by Mr. Scott, a minor, and
heir at l ise, against Alderman Prlnsep, as trustee,
and Mrs. Scott, as personal representative of his tie.
ccas -d father, praying, among other matters, an ac-
count of the property of the deceased, and in parti-
cular, of the. Motley arising from the sale of the
hoasehold furnitirre and effeN of his father, situated
in York-street. in the city of Edinburgh, which were
sold by the Trustees lately, and the money produ •.ed
by the u.tie, lodged in the bank. The deceased
in the East tidies, at and before the time of his
death, did in 1805 or 1903 send an authority or
power to his nents,persons of great credit. requiring
them to ~pproi ruse a sum of
or 50 or 0.000 dollars
in the tir...ee per cent conolls, in any outer fund
or put chase more beneficial, to his three illegitimate
children, pecifical:y named in his instrinse or to
set aparts and appropriate to such arse at
sum of
15,0001. tO be equal:: divided to and amongst such
iii. gtum.ue childrrre, share and ,bare Alike, which-
soever should be found most beneficial to them. 'Die
13,C001. was preferred. as more advatirageous, from
the then state of the funds. The 'deceased likewise
desired to have some eligible house and domain
purchased for him, at a certain price, within forty
miles of the city, in a sporting country, but he did
not live to return. The Trustees are charged with
no fraud or miscntietutt, but it is supposed that some
question may be agitated about the provision for
the three natural children, and ether parts of the pro-
perty. when the minor comes of age, or when the
Master shall have finished the inquiry before him
under this bill.
His H °sou' ordered that a certain sum, remain-
ing in the Trustees' hands, by their own admission in
their answer, should be paid over to the use of the
Plaintiff.

COSTA V. COSTA.
Ia this curious case, though trivial in vahae,
the Heads of the 114 t, to their honour, chewed some
zeal on both silos.
The question was, whether the DeFendant, as exe-
cutrix to her husband, a poor firma, slould, in her
accounts with her eldest son, the Plaintiff, he allowed
any m're for hi, niaintenance, for ten years, than a
sum of 421. which she produced receipts for before
the Isla-ter, as for monies paid for divers articles
for the s .:-.'s use ; or whether she should be allowed
a sum of 2-301. for the son's board, lodging, and
washing, for the ten last years before he came of
age, as site, by her answer on oath, stated herself en.
titled to. She has but 101. per annum as her share,
and the son claims a balance of shove tool. the
value of stock sold by her : he also claims compen-
cation for his work and labour in those rars on the
farm, wink she swears that he only did work when
he pleaseJ, voluntarily, and so little of it as did not
amount to the sums she gave him from time to time.
a, pocket-money, endeavouring to support him as
the eldest son,she having several other children. He.
by his bill. claimed no specific sum for his work or
service, and no witnesses were examined in the

cause.
His Hovnua lamented the great expense of send-
ing the case back to the Master; but it was his in-
tention, in the Decree, that the mother should be
allowed to charge for the son's maintenance, al-
though she had not written accounts or vouchers;
and the Master is to inquire further, whether the
sou be entitled to any. and what compensation. for
his work, in this case ? which Mr. It Ica A ern, his
Counsel, contended for; while
Sir Samuel. ROMILLYS for the mother, on the
other side, strenuously argued, that this bill should
be dismiased out of Court, with costs. as unnecessary
and improper ever to have been filed. For he
stated, that although the Court had been bound to
make a .leci et is the cause for the Plaintiff. owing
1 to the illegal ad of the executors. in obtaining a re-
lease lease from the son on his coming of age, which
must, for example sake. have been set aside; yet
there was nothing wrong or erroneous in the ac-
counts, in fad and substance.as the final result would
I prove. mil seems to be his Honour's inclination.
___.....

COURT Of KING'S BINCH. Wins°intim, Just 24
Sittings la Hai Pries, before Lord Chid' jastice
Um's soaouou, sad Spcial Jatriss.

MALICIOUS PROSECUTIoN.
PURCZI.I. DIACMIIII MI a.
This was an aaIJII brought to recover compen-
sation, in damages, for a Deft proseciition tor
perjury, instituted by thndant against the
noun ff.
Ur. (U IN IT opened the pleadings on the part of
the Plaintiff, stating the nature of' the aAion, which,
he said, arose out of as indiAment, instituted by the
Defendant, upon *mid anignments of perjury,
alleged to have been committed by the Plaintiff,
upon an affidavit made by her, in a cause pending
between these parties in the Conn of Chancery ;
reports of whicts we have laid bef
furth ore o
eur reader
tbin
toupee pers. The declaration r stated,at

1
. I

upon that iedidrnent the present Plaintiff' was
fully acquitted, and she new laid her damages at
50001. vs which declaration the Defendant pleaded
the general issue of—Not Guilty.
Mr. Tome°, for the Plaintiff, then stated, that
this anion was brought by Miu Frances Purcell,
who was one of the daughters of a Gentleman, who,
in the year 1770. was :appointed Governor of 'Tor-
tola, and possessed very considerable estates in that
island ; on his departure from this country, he took
along with him his only son, John, leaving the
Plaintiff. and her sister Margaret. under the care
and guardianship of the late Dr Munamara, a most
respeCtable Gentleman, and uncle to the present
Delendant. Governor Purcell soon after died at
Tortola, leaving his son John his heir at laws and
residuary legatee ; and in default of issue, the pro-
perty to be divided equally between his t.vo daugh-
ters, to whom he left legacies of 700D1. each, and
appointed Ds fslacnamera, and Surgeon Boyd, his
Executors. Alter the death of the Governor, John
Purcell returned to England. formed an unfortunate
matrimonial connedion, and soon after died with-
out issue. The Defendant being in the habit of visiting
at hi; uncle's, became acqnaieted with these young la-
dies. He was at that t; me a young Inn, and aStedere
of Uncoln's Inn, but having acqueed a splendid for-
tune, he afterwards gave up that pursuit. In the
year 1775, a Mr. Travanoion, a gentleman of high
charafter, was appointed consignee of these ealueele
estates inTortola, and the Defendent connived to
have this trust afterwards conveyed to himself.
John Purcell having dead without issue, made his
will, leaving the whole of his property to the De•
fendant, except mow small trifle to his sisters ;
and Dottier Macaamera having died abet:: this
time, the sole management in their affairs de-
volved upon the Defendant, who advanced these
ladies various unlinteed sums of money, at dif-
ferent times, until they at lest mertgatned the
whole of their property to enn, and even antie their
legacies of ;Odin. sub ) e.t t.. his demands, and by the
year 1806 they hail an isle an Absolute conveyance -if
the whole of this itnni:nse pieperty to the l)ef •rs -
ant, in lieu of which. the one ( Vlargaret) was to re-
ceive an annuity of tesnl. and the PlaMtita' 9,591. per
annum ; wlsich latter finding this a very scanty sum
for her sopnort, retired into France, in the hope
of liegig snore ecooomically ; but in this she was
mistaken+ for even the annuity was b.sdly paid, and
she was obliged to go into debt,
.end in the sequel
returned to tnis country, in the hope of procuring
payment of her annuity. when she fortunately fell
into the heads of Mr. Whitten, the Attorney, who
has been bee chief support since. Mr. Whitton had
an interview with the Defendant, after which the
annuity was more regularly pis!, for a short time.
This, however. did not last long; Mr. Whitten was
once more obliged to threaten, and the Defend/hi
filed a hill in Chancesy, to prevent the Plaicsiff trom
proceeding to reeever her annuity. Upon her an-
swer being put in, tha Defendant thought it pru-
dent to dismiss his own bill, with costs. Mr. Whit-
ton, aging under the best legal advice in this
coun-
try, then filed a bill against the Defendant, praying
an account of all the sums of money he had ad-
vanced to the Plaintiff, securities ezcuted, &c. to
which he put in his answer, and the cause came to
be heard before Lort! Chancellor Eldon, who di-
'retied that the Mister should take an account. The
Defendant's onjett being to drew out all he could
from the Plaintiff, in the mean time, exhinited in-
tertogetories, which sbei was to answer within a li-
mited period; but being then cue... aed to het bed. in
an ill state of health,- the time fur answering that
enlarged until the 4th December, 1805. .1) pon that
day she was wrested, AL the suit ot a milliner, to
whom she became indebted in consequence of the
nen-payment of her annuity ; and nom her sick
bed she was drageed to the lock up-home of one
Laver, a Sheriff's Officer, in Chancery-lane, when
she was put to bed in a wretched condition. Hero
she was visited, at ten o'clock at night, by Mr. MAC.
namara, accompanied by her sister Margaret. He
who had, from the year 1800 to 1805, neglnfted to
pay her one farthing ot her annuity, and had beets
at daggers with he: ever since, no..v came forward
to proffer his friendship and services ; he told her
she had been sleceieee by Mee Peter, her friend, and
Mr. Whitton, her Solicitor ; and said, si she would
only relinqnssn any further proceedings against him
in Chancery, he would once more becosne her
friend and protedoi ; this offer she refused with
indignetinn; upon which he dew jaw the most
violent passion, and abused her and her Itiends
in the grossest manner. The Learned Coun-
sel here observed, that he did not, by any
means, mean to insion Ate, that the Defendant
had caused this arrest to take place ; but he could
aot help observing, that this early visit of the De-
fendant after the arrest, and his subsequent cnaduet,
compared with his former neglect and hostility
towards her, was rather an ea reordinery
circhm-
stance, and that his charity, which had so long lain
dormant, should now be awakened. In the course
of the cause it became necessary fur the Plaintiff to
make an affidavit ot the occurrences in the luck-up-
house, and the proceedings were going on in the
regular way, when the Defendant found it necessary
intake some steps to prevent the further proceed-
igs of the cause. for (the Learned Counsel ob-
eeeee d) it could be no honest or honourable motive
that insioned him to prefer the indidrnent in ques-
tion, charging the Plaintiff with having committed
perjury in the last mentioned affidavit. When the
assignments of perjury, he continued, were com-
pared with the affidavit. it would be found they were
of the most trivial nature. ;fairing all the material
parts of the affidavit totally out of the question.
the indiCtroent. however, being preferred, the
Plaintiff, anxious to have the nutter investigated,
and her chetader released from such A imputation,
finding the Defendant net inclined its prosecute,
made up the record herself. served notice of trial,
and CAllitAl a Special Jury to be summoned. Thu*
the cause stood for Oat in the month of June; the
Jury appeared. the Prosecutor's Counsel were all
ready in Court, but the Prosecutor WAS no where
to be found; although he had ventured to go be-
fore the Grand Jury. and tell his own story, without
the bosom of a croes-exasninatieu, to did not then
dare to come into Court, where he knew the truth
would he investigated,but he withdrew himself
from the casaba ; and upon the same morning was
erwe in his chariot and tour horses, driving down
to his elegant :tunnels in the county of Bub.
lire Plaintiffs Miss Nucall, wes consequently ac-

'.• .

404.11.4111101.0":"7"ir .41144
~,
"V .i . ~
quitted. Rite this did not eaticry Vll. 7'.13- , ~tr 1,
and immediately after Lord Er .1;. e• -i.; •,:r. • -e
Chancellor, he applied for a r.-. •-e:'
cause, on on the grounds, no sionbt, of r• - : . : • • •
misapprehension of his Lordship's no)t- pi:-.,1,:, 7.
The cause was again heard. and Lor i Erskii,e, .• •
sisted by the Master of the Rolls, c ialirmed tte
former decree, and Miss Purcell was orchaed to be
restored to the inheritance of her ancests;rs. The
Learned Counsel concluded his statement by thserv-
ing, that the obje.t of the Defendant was no other
than to warp and observe the proceedings to the
Court of Chancery, and such as no man of hu-
inanity could make the subjee of a prosecution for
perjury. He was a man possessed of so independ-
ent a fortune, that he propo.el himself as a car.-
didate to re resent the borough of Leicestcr in
Parliament.
The original record of the indinment and subse-
quent acpsatni was then put in and read ; when
The ATTORNey-Gescß AL, for the Defendant.
objected to the record, inasmuch as there appeared
an incongruity bev,veen the ernire and the return of
the peons, the latter being returnable on a day
when Lard EllmScr-ugh tliO not sit at Nisi Prior.
The Court considering this to be A fad' objceion,
in point of law, the Plaintiff was .Non-erited; at
the same time her Counsel declaring that the record
should be amended, and the cause properly tried
ou a tte.Ure day.

AssAui.r.
w‘r rs .v. T.( SON.
Ti%'i was an Am.'ilt,a3 far an assault and trespass
committed by the Defendant, u.ion the Plaintiff, in
the month of May last.
. Toe parties in this case were Attorneys in the
county of Somerset, and Members of the Yeovil
Volinteer Associetion. The Plaintiff was the
Paymaster of the Regiment, and the D dendant the
Maj ,r. Collnet Fane, their Commander, having
died, a meeting of the corps was co.vetied at I lches-
ter, in order to eleft a Colorel in his room ; alter
time election was over, they proceeded to the other
li:is.ass of the corps, and the Plaintiff was called
upon for his accounts. He replied, he did not
know that he owed me regiment any thing, and if
he did, he could not settle it with them, bet
with the representatives of Colonel Fane; hav-
ing had a letter from the Earl of Westmoreland. to
that purport ; to this the Defendant replied, that
this was all a pretence, and he only wanted a hale
to creep out of. The Plaintiff saswered, that be
had bean treated in a very nnhandsnme manner s
and the Defendant rejoined, saying. that when a
Gentleman had public mosey in his hands, be should
always he ready to pay it when demandel ; some
further altercation then ensued, and the Defendant
struck the Plaintiff a violent blow.
Mr. G•11110%Ve for the Ddendent..smosidered
this a case wherein the parties might- dame Mies
spared the trouble of coming up-to try it is UM-
don, at an enormous expense. when they all rai-
sided in Somersetshire, where the circeintames
between them were perfealy well; k!.osirn. H.
thought he had his Lordship's sanaion for making
this oosterration, as it was in his tecrillillion what
his Lordship's opinion was in a similar cam upon
a former occasion. He then made some general
observations upon the nature of the ttansealos be-
tween these parties, and trusted the Jury would
thistle nominal damages quite sufficient for the ieiary
complained of.
L,rd ELLEMIOROI/0111 said, he could not well
apply the observations of the Learned Counsel to the
present case ; for as AM, COOTS was composed of see
vend Members, who, pethar,is, were all more or
less interested in the business, And all of them being
persons of respectability. the probability drat, that
some prejudice might have existed, and the chance
het~ g that sntriz of them might be chosen on the Jury.
his Lordship thought t'tc pat ty right in coming here,
where there was nn prejudice. There was a blow
gven by one person, in a respectable line of life,
to another ; and persons in a military weeny
were more tena:ious of injuries of this kind than
other people might be. The Jury would consider
what the provocation was which led to the set.
Had Mr. Tilton confined himself to expressions
kroperly applicable to the subject. the parties might
have been saved all this trounle ; both. however.
were blameable, hut time tirmt offensive words were
made use of by the Defendant. The blow was not
violent. but the feeling of a gentleman. receiving a
blow in a public company. called for a liberal
compensation; the Jury, however, looking at all
the circumstances, would give such damages as
they should think reasonable.
Verdict for the Plaintiff, damages, '2Ol.

USURY.
catswaLL v. WILSON.
This was an aifti in opm a bill of exchange for
5001. drawn by Mr. W. Sharp, upon the Defendant,
at six months after date.
'the Artoansif-Ges ill A 1., for the Plaintiff, said,
he understood that the defence to be set up to this
bill, was, that it arose out of an usurious transaition s
arid however vitiated it might be in point of law,
yet, when he should shew that his client was an lc,
nocent holder, fur a valuable consideration, and that
both the drawer, Mr. Sharp. and the acceptor, Mr.
Wilson, had personally represented to him, that the
bill was a good one, and should be paid, he trusted
he should be entitled to a verdie for th: whole
amount.
William Butler Hurst. shopman to the Plaintiff;
who was a woollen taetor, said, that his master had
received the bill from one Wimp ; he took it to
make the necessary inquiries, when he saw bcth
Wilson and Sharp, who told Fins it was a good
bill, and would be regularly paid. Is consequ:nce
of this, the Plaintiff gave Wimp goods to the full
amount. Upon his cross•examinsitioo, he admitted
that Wimp was a person of no visible means of live-
lihood, having formerly kept a woollen-draper's
stall, in Whitehorse-yard. Drury-lane, but latterly
living in an obscure lodging in Duke street. Lin-
colns-ion Fields. He could not idet.tify Mr. dtvrp ;
but admitted that he was cautioned not to part with
• the bill or goods. until he should bear from one or
other of them. 'llse goods, however, were delivered
to Wimp the next day.
The bill being proved in the regular way.
Mr. Gaaaow, for the Llefewdeot, said his defence
arose out of two different causes, the ow was usury,
is the formation of the bill. and the ether was. tbat
an alteration had been wade is the dew of the bill.
subsequent to its being incased. bk. Wass"