The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-26 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, TI nsttax," Jimw 25.
WELHAW r. ROWRING.
On the LORD CHANCELLOR entering Court this morning. an
elderly Gentleman of the rame of Bowing presented himself to the
notice of his Lordship, and addressed him as follows :—N 1 beg to
remind your Lordship of the appeal case of Welman against Bow.
r'ng, which lies been standing in the paper a long time. lam one
of the parties in that ease, and as I have been detained in London
at great inconvenience to myself end family, I would wish to know,
my Lord, ween it is I may expect the judgment of the Court ?"
The LORD enaweEttou—Sir, I have not forgotten your case
but the more you sat fot judgment, the less you arc likely to get it.
hlr. llowring then expressed a hope that his Lordship would dis-
pose of it on an early day.
The LORD CHANCELLOR-If you think, Sir, that these things
are to be as easily settled as you wish, you will find yourself mis-
taken. . .

MiXAT n. 11071ERTSON.

Immediately before the rising of the Court,
Mr. lticxErtaTETH, addressing the Vice-Chancellor, begged
leave to remind his Honour, that in this cue (which was a question
of copyright) the defendant had undertaken not to publish the work,
which was the subject of the suit, until the plaintiff should have
brought the matter before the Court, at the then next ensuing seal.
Now, as two days of that (the present seal) had passed over, with-
out any motion on the part of the plaintiff, he (Mr. nickerstetb)
begged leave to state, that his client (the defendant) held himself
no longer bound by his undertaking. '
It wee here, intimated to the Court thit Mr. Heald (who was
Counsel foe the plaintiff) was ready to proceed, but that he was
engaged in the Court of Chancery.
The VICE•CHANCELLOIL said, that at that hour of the day
(three o'clock) he could not enter upon the case, and here the sub-
ject dropped. _

INSOLVENT DEBTOR'S COURT, TUESDAY. JULY 23.
Henry Butler, steward to a ship, applied to be discharged from
a debt of M. Ile stated that he had been afflicted with a fever
and ague for several months past, and had no other means of sup-
port during that time but the produce of his wife's industry; that
he had offered a hill fur the payment of the present debt, after his
return from the next voyage, but it was refused.
The Cm tEI ComsttsstowEn asked him what means he had to
defray the expenses of the present petition.
The insolvent said that the attorney paid the expense out of his
own pocket.—lle was discharged.
John Kyan, a wine-merchant from Cheltenham, was brought up.
The titter CommisstowEn having examined his schedule,
read from it the following remark, made by the insolvent, viz.:—
'• I attribute my inaolvenry to the feet of having been supplied
with inferior wines by my creditor, No. 2."
Mr. Coox said that the cause of the insolvency ought to be
erased from the schedule.
After some observations from the Chief Commissioner, the in-
solvent was remanded until the 4th of August.
Charles biliott being brought up,
W. Spenser, the Keeper of the new Debtors' Prison stated, that
he had received an order in the afternoon of yesterday to bring up
the insolvent to-day : subsequent to which he received his discharge
from the detaining creditor; and as he thought it was irregular, he
brought the pi loner up.
The CHIEF COMMISSIONEE censured the spiteful conduct or
some yindictive creditors, who in several instances, for a debt of
a few shillings, keep a debtor for seven or eight weeks in prism,
until the fees amount to a c .nsiderable sum ; they then send the
discharge of the debtor, having gratified their spleen by puttirg
him to expense which, in many cues, he is unable to pay. Alter a
few imitable observations, the insolvent was discharged.
Mack Marks, a slopseller of Romford, was opposed by Mr.
Richardson, an attorney.
Being examined by Mr. COOKE, on behalf of the opponent, he
said that he had been in the King's Bench rrison since Novena.
bar lnst ; bad been part of the time unwell ; had m •de some
money in prison by selling milk, and letting out his roam, which
enabled him to support his wife and seven children.
Samuel Levi also appeared to oppose him for a ee'at of 2al/.
The insolvent, he said, had induced him to buy some slops for
him, and accept bills to the amount of the debt. Ater he had l eel
attested for one of the bilW, the prisoner sold all the property the!
was in his shop, came to London, and rendered to a a art no, in
which witness was his bail. Under these circumstances be h sped
the Court would not discharge him.
The Cuter COMMISSIONER, however, was of a diffe-ent
opinion, end said he did not see sufficient grounds for detain-
ing him.
The indictment was disehargal.

lllr. Bowring bowed to his Lordship and withdrew.
WYNNE t. JACKSON.
Mr. Sucinnx applied to the Court, for an order directing that
the money which had been paid into Court by the plaintiff in this
case should not be taken ont by the defendant, until the appeal
which bad been lodged against a dccisiou of the Vice-Chancellor in
the cause had been heard.
It appeared that the order for paying the money into Court had
been obtained upon the representation that Mr. Wynne had be.
come the loser of a considerable sum of money to certain parties
whom he met at the house of a Mr. Callender. After dinner cards
were introduced, arid the game of whist was the order of the night ;
in the course of the play Mr. Wynne, somewhat in contradiction to
his name, bat 6808/. to Colonel Charity of the Life Guards, a Mr.
Fleming, and (as we understood) Mr. Callender. A bill of ex-
change for 2flOof. was immediately given by Mr. Wynne to Col.
Charity, as his share of the stakes, which was atterwarde paid by
the Colonel to the defendant Jackson. This bill of honour was on
us arriving at maturity dishonoured, and two other bills were given
to supply its place, which ultimately shared a similar fate with that
of their predecessor. The latter bills being held by Jackson at the
tirne they became due, he applied to Colonel Charity, who said that
he was going to France, whither Mr Wynne had gone before hint,
antlPie would procure from that gentleman other bills in lieu of those
which had become due. 'the Colonel, on his arrival, obtained
bilis from Mr. Wynne, which were drawn on French stamps, arid,
being in his own name, he on his return to England indorsed them
over to the defendant Jackson. These bills not being paid, Jack-
son authorized a Mr. Mansell to commence an action against the
parties in the French Court t hut the defendant did not succeed in
recovering the amount, on the ground that the bills did not express
fur what consideration they had been given. An action was then
commented in this country, upon which Mr. NVynne filed his bill
in Chancery for the purpose of haring the bills cancelled, and he
also applied for
and obtained an injunction in the Vice-Chancellor's
Coutt, to retrain the defendant Jackson from proceeding at law,
which was granted upon condition of Mr. Wynne'a bringing the
money into Court. Against this injunction the defendant had en.
teted an appeal. and the application which Mr. Sugden now made
was, that his Lordship would not let the money be taken out of
Coort by the defendant till the appeal had been heard.
Mr. BORNE and Mr. ais.NCE were in opposition to the motion.
Mr. StortEN replied. Ile thought it was very improbable that
a person of the high rank which Colonel Charity sustaiucel would
become the agent of Mr. Jackson, the stock-broker, in procuring
a renewal of title originating in a gambling transaction. The sup-
position was absurd. Why did nut Mr. Jackson, if lie was con-
scious that the hilts were given fee a valuable consideration, go to
the Tribunal de Commerce, which everybody knew was the proper
place for trying actions on bills of exchange.
The Loan Cttarecer.LOK thought that no case had been made
out which would anthorizehim to keep the money out of the pocket
of a gentleman who was 71OL reresented to be insolvent. If
the minim succeeded on the appeal, they might bring it in agein.
Motion refused.
ROTHSCHTLT) sottave.
The SOLICITOR.GENERAL moved for an order to dissolve an
injunction which had been obtained by Mr. Rothschild under the
following circumstances:—ln the latter part of the year 1823.
Mr. Rothschild entered into an agreement with a Spanish Ame-
rican merchant of the name of Alcedo, for the purchase of a quan-
tity of silver, to the value of nearly 200,0001. The silver was de.
Reeved, partly in Spanish dollars, and partly in bars ; for whicb
Mr. Rothschild paid Mr. Alcedo in cash and French Rearm.
Soon after this transaction'. Mr. Alcedo became a bankrupt, and
Mr. Solarte was appointed assignee of his estate. On applying
to the Rank of France for the dividends on the lisides, which had
formed part of the purchase-money for the silver bullion, it was
discovered that no milliliter had been made of dean from Mr.
l'othschld to Mr. Alcedo. Mr. Solarte, as assignee of the bank-
rupt, accordingly applied to Mr. Rothschild for payment of the
amount thus inadvertently suffered to remain due to the bankrupt's
estate. Mr. Rothsclifel being cpprehensive that if lie should pay
the money to the assignee without the sanction of this Court, end
the effects should be misapplied by such assignee, it would not
exonerate him from a lqal liability to the casalitors of the bank-
rupt, he therefore resisted the payment, and applied to this Court
for an Injunction to restrain the assignee from proceeding at law for
its recovery, which was accordingly granted. The Solicitor-Gene-
ral argued on behalf of the assignee, that the injunction ought to
be dissolved, and thist Mr. Rothschild should be. ordered to pry to
him the money remaining due for the benefit of the bankrupt's
estate. •
The LOUD CHANCELLon asked wilether the bankrupt had been
examined ? •
The SOLICITOnaGENERAL replied that he was not aware of
that fact.
Mr. Haat' (who was Counsel for Mr. Rothschild), said it was
not foe his client to examine the bankrupt.
The LORD CHANCELLOR thought that the bankrupt ought to
hate been examined. it thousand circumstances might transpire
from hie examination, which were at present wholly unknown to
the Court. Ile did not see at present that there was any thine to
justify him in sustaining the injunction. Let it therefore be this.
solved.
Mr. Rana. perfectly acquiesced in his Lordship's decision, and
he had no doubt Maßothschild would be quite satisfied to pay over
tie money to the assignee, that gentleman being required to hold
it subject to the usual trusts.
Till LORD CHANCELLOR said, that he had nothing whatever
to do with the assignee. Whenever the money should be paid to
That gentleman, no doubt he would discharge his duty by a proper
application to the bankrupt's property.
The injection was accordingly dissolved.

VICE-CHANCELLOR'S COURT, TUESDAY, JULY 2t. her application, as she had ro mon y. He •nr: .
CITY TITHES. neighbourhood, she was directed to a countryn m.'..
m'nouciat v. 'WARIER. • Carrier-street, who told her to come to the office anti ,:. •
In this rate, a bill had been filed by the plaintiff, to compel pay. Magietiatem the following case :
meet of a tithe of la. 9d. in the pound, for premises situate in " Ann Hogan, 22, Church-lane, Ructeridge-strer,
the Rectory of St. Helen's; to which the defendant had answered, baring been abutted, insulted, and assaubcd so re, r
and . . Daniel Buckley, labourer, residing in the same house'::l‘i
Mr. Coe. now appeared for the defendant, to apply for leave to timed I that haviag been beaten by hint so often n: d u
file a supplemental answer. In his original answer, the defendant fully, and that he has threatened to take lor it.,.
~...'
had rested his defence on the non.emolment of the Act of Henry times, which has put the safes Ann Hogarrin path to ,:,!.; ,' ar
VIII.; hut since it had been placetton the file, the di fendant had she conceives her life to be in danger; and therefore I r
-discovered (by an answer filed by the Company of heathersefiers to 1 the aid and protection of the It Magistrates nt ii.;,.,
n
a similar bill tiled by the same plaintiff ), that there was evidence rough-street ; and she now attends in parson to take the n;,,'
to prove a money payment, Previotts to the Act of Henry VIII., in ' bind.the said Daniel Buckky to keep the peace, her Ists heir'
lieu of tithes for the premises in question which formed aart of a
In danger. As she has no means of ettoporti g he;F•lt 2
-
property held by the Lestherselfets' Company. The affidpavit on Den years old) but from hard work, she humbly pray. ~,
which the motion rested, stated the discovery of this new evidence the Court to grant her a poor warrant, fur which sit, wait,
in the manner above.mentloned, and that it appeared (from the the
answer of the Leathersellers' Company referred to), that before the 1 "sincerest watitude, and as in duty bound, nits (Ter prat,
To eg..‘Vorshipful Magistrates of illulbcrough-street
dissolution of the monasteries, in the reign of Henry VIII., and Police Of
previous to the passing of the Tithe Act, there had been a money This petition was evidently the production of one of dies..
payment of Bs. 3d. per annum,matie to the Prioress of St. Helen's who pick up a living in and about the gaols by writirc
(at the rate of two shilling* andthree farthings per quarter), in lieu and defences for Prisoners about to he tried, whom n,....,,
of the tithe of these particular premises. The affidavit further , thrm'elrcat nor pig a councillor. IlLif.a.erowa is ~., .
stated, that the defendant had reason to believe, that if allowed he 1, but Hogan told Sir George Tarrant the man ,t;,l
should be able to maintain this as a good sod sufficient ground in I She was into to go into the clerk's office, and six
resistance of the plaintiff's claim. The beamed Counsel therefore warrant without pay.
expressed his hope that the Court would grant his application, as,
so far as the justice of the case was concerned, it would not put the
.plaintiff in a worse situation than he was at present.
The VICE-CHANCELLOR said, the difficulty in this ease was
that the application was a seeking to commence the suit de wore but
that lie feared it came too late fur such a purpose.
Mr. Cog aiihnii!ted that as this was the case of a Solicitor of
that Court, who having become the madmen of the impropriate
tithes of St. Helen's. was now suing the inhabitants of that rectory
for the full tithe of 2s. 9tl. in the pound, he trusted his Honour
would accede to his motion, and so enable the defendants to meet
the justice of the case. •
The VICE•CUANCELLOR !aid that the quality of the plaintiff
made no alteration in the cue, nor in the nature of the application
In that Court: for if the plaintiff had a right to the tithes in
questions, his claim must, in that Court, be treated like that of any
other person wbo might put forward a similar claim. " I will not
say (continued hie Honour) that 1 ant not well-inclined to grant this
motion, but I cannot do that which would prejudice the
plaintiff's case. I must therefore refuse this application, with
, costs."

S..

*AI etc

ROlintßY.
Eliot Donovan. an Irish girl about seventeen yerri<
brought up 'root St. James's watch-house, for roblAP:4
Belle Goy 4e of two pairs of silk stockings, twit pairs of s•c:::-
logs, a pair of net sleeves, some gloves, and olier !h:nw. in
her box. There were other things missing, but as they ef WA not
be found, *ere not taitun. into the account.
Dlademttixelle Loyie stated thstsfthe bad lodgings at N. 14, in
the Quadrant, Regent-street ; that die prisoner s the serval* of
the igodhidy, but hal td look after the apartmentswa of the Inion
Oust a short tithe before the prisoner was discharged she missel a
till. net, and a sovereign from her tollette ; she *ceased the girl c°
• taking the money, when she return, d the 201. note, but denied ate
knowledge oldie sovereign. On Saturday last she was dismissed,
and en witne-s desiring_ to see the contents of her box. the prlstrer
gave up various articles belonging to the 'fitness, but refused to
bare her box examined. Not ante, fied that the prisoner hal returned
the whole of her things, whness hal the grl f !towed to her lodg-
ing, where the articles produced were found.
iloothma-•, watch-hou,e.keeper of St. James's said le :pyre-
hended thi pisoner at her lodgings in a'street in Holborn. lie
searched her I ox, and in it found the article" owned by the lady,
and 'four pairs of stockings belonging to a gentlemen resiling to
the some in use as Ma temei‘ell.
Tie gentlem in ieentitit d the stockings u his propetty, and ir.
qtaired of the prisoner fora black ai,:k handkerchief taker out of his
i room.

The primmer cried, aid Pad ale had nothing to say as to the
things four d in her be*, and knew nothing of the hanekachief.
Sir 0 FAQRANT said the gentleman's chine need to. be taken,
as then se of ,11a•W Ilf is He sral complete of heti,.
The paq es se:e tound ot er to prosecute, and the girl fully
committed.

CROSS CHARGES.
Two women were brought up on croae.warrants ; that is, eath
obtained a warrant against the other, for an assault.
Teey were both ordered to be locked up to End tail, which had
the effict of restoring bath to good lnimour in a eh et time i for
they mutually forgave one another, am! wittilrew the chalets.
'two girls driven out of the City for ismer-yea king, we% yester.
day ordered to find bail for the same thing in St. James's.
Sir G. Emmaus. remarked, " I suppose the Lord Mayor sent
them here for the benefit of the west.end gentlemen. I% e roust
drive them all hack again."
EXTRAORDINARY INVESTIGATION.
LAMBETH-STILLS:T.—Name days since, Capt. Monroe, a gen-
tleman of fortune, applied to the Slagistrates for tbeir asitbmert
in the recov.ry of his son, a young man 23 years of. age, who had
been far some time missing. Mr. Monroe rated that be had placed
his son, who was insane, with a person canted Bell, in Mile-end.
road, but he had lately received Information' without being apprised
of the circumstance by Bell, that he had been missing. lie had
made every inquiry in his power fur hist, but still no truce ceilidhs
found. The Magistrates gave directions to the Alerts to lead
every assistance in their power. All efforts, however, proved fruit.
leas, and on Monday Mr. Monroe agi In applied, sta ing that, hem
what information he was able t n collect, he had et ery reason ta
think that, from the sera ;e manner in eh oh Mr. lel h d tetanal
his son, there was but too much reason to suppote that he bad de-
stroyed himself. Ile hoped, therefore, tssat a 'anent wou!d be
granted for his apprehension.
The Alagistrate declined issuing the warra-t, but at the saute
time granted a summons for Mr. Pelt, and thort persons whom
Mr. Monroe avid could sugastantiate It:. el az.%
Yesterday, in consequence, all the pi r.es were in sttendance,
and Mr. Monroe recapitul ded his cl a g., ad i g, that his stnr
picions were strengthened by the c rzt t :nee of R. ststin4
that on the day on which his son was ms• d he k him out to
walk tcw :rds Batters's, while, in poi, t off at be w a a:en en the
evening of tha, day c string Into town tr on Co 1.
Mr. MARDWICK—What interest too d las hare in destroying
your son ?
Mr. hlomo—As to interest, I d k ow, but it way hare
happere It at whila they were out, •,1. who as. in the habit of
treating him milt cruel y, might, ins qaarri, h ye given him a
blow which Wiled him.

Me. HAI, writ a—Real y this is a most eat's° ins y vharge ;it
is pet f .ctly g:oundle•s and u supported. ire is n/ evidence for
me to act upon. I niu,t, therefore, dismiss the cow.
Mr. Dell, before lcav'nl the office, denied tl e cht rze of art.•lty
altogether, and said tl a- he never made use of greater coerdcn
than was abmlutely never. sr to nst•ain they u g Man from acs
of violence; he al. o Meted that Mr. 141..ar0e himself was tabjected
to the ume malaey with shl:h his eon wee afflicted.
No a cou t has as ye- keen received of t:e young man.

- -
ROBBERY BY A SERVANT.
Lirretoar HALL.—Yestoiday a young woman, recently in the ser-
vice of a genee nen named Simeon, residing in Pjckham, ors
bronght up to this office in custody, before the sitting Magistrate,
R: J. CHAMBERS, E.q. eharged with stcalin4 a silk ace. a silver
llC6l{t-box, and some cambric pozket hendkerc:iiels, the property of
I:er master.

Front the evidence it appeared that, about three we k ago, Mr.
Simson's house was broken into, aud re bbed of a to is:y of pro-
party. The thieves were apprehended in a few lieurs :taboo:rent
to the burglary, on the road leading from Peckham, and the greater
portion of the stolen articles found in their t o,ses,ion. The girl
at the bar was the chief evidence against them, she havirg xc g-
nised the two men on whom the property wa4 discotere.l, toitering
about her master's hnusc previous to its having been broken is o
and robbed. She was accordingly bound over as one of the wit-
nesses to prosecute; but previously a silk scarf belonging to Mrs.
Simson, which that lady had taken off htr shoulders and placed on
the drawing-room table, was missed from that. situation. The pri-
soner was the parson on whom suspicion rested, bur she solemnly
denied the accusation. However, on the trial of the men for the
burglary, it was discovered that one of them was so well kaolin to
the prisoner that he had been paying his athlreases'to her. This
circumstance strengthened the suspicion already formed, and en
examining her boxes, the scarf, silver sc.mt-box, and cambric
pocket handkerchiefs, were discovered therein;
Mr. Simson attended, and identified the above articles, and the
prisoner was fully committed.