The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-19 00:00:00

LAW INTFLLIGENCE.

COURT OF CHANCERY, TursDAY, JAL 18.

•
PESIDERTOW r. WAND,
This ease occupied the whole of the day. It involved points and
calculations of great intricacy, and related to the working a colliery
in Caermarthenshire.
Mr. HORNE, for the plaintiff, moved for an injunction to re-
strain General Ward front working the mines, to the injury of the
surface, and the great danger of those who work them.
The arguments of Counsel occupied the Court till nearly four
o'clock, when his Lordship adjourned.
VICE-CHANCELLOR'S CI)UItT, TUESDAY, JAN. 111.
His Honour wan occupied in hearing eases which possessed no
filature of public interest.

COURT OF KiNG'S BENCH, MoNnAY, JAx.l7.

TANNER t.. BENNETT.
This was an action against the underwriters at Lloyd's, on a
policy of insurance to recover the lOW loss on the ship Elizabeth,
which hail been wrecked on the rock called the Three Sisters, in the
mouth of the harbour of St. Thomas, in the West Indies. It was
a second trial. granted by the Conn of King's Bench last Term.
The only material question was, whether the ship might have been
hovel off the rock and repaired.
On the part of the plaintiff it was contended, that every effort
had been made by the Captain of the vessel to get her off ; but
that afire two surveys by the Agents at the Island, she was con-
demned art being quite unseaworthy.
The defence was, that she might have been repaired, but for the
negligence of the plaintiff's agents at the Island.
Evidence having been called on each side,
The Loon Curve JUSTICE, in summing up, said, that if it
appeared to the Jury that the vessel could not have been hovel
down, then they were bound to give their verdict for the plaintiff;
but it otherwise, then fur the detendant. There were, however,
two other points he should wish thent to attend to—that if they
thought the ship might have been hoved down, but that it was
owing to the conduct of the persons in the island who were em-
ployed by the Captain, that then they should find their verdict so,
in order that that point might be inquired into hereafter ; or if it
should appear to them that the ship could not be bored down by
reason of the Situation of the plate, in that case they should find
for the plaintiff upon such circumstances, that the question might
come before another tribunal.
The Jury withdrew for an hour, and returned a verdict for the
defendant, as to the total long on account of the negligence of the
plaintiff 's agents; and for the plaintiff for an average loss, but as
no evidence was before them, they could not tell the amount.
Some discussion ensued between Mr.IIIAHRYATT, the plaintiff's
Counsel. and Mr. SCARLET T, who was for the defendant, as to the
effect of this verdict, but no arrangement being come to by them,
The 1,051) CHIEF JUSTICE suggested to the Jury, that as
they had evidence of the average lose. they should find nominal
damages of Is.
The Jury accordingl;sdid so, with 40s. costs.
There was only one other cause tried, and that also a second
triad, of no public interest whatever.

OLD BAILEY,_ TUESDAY, JAN. 19.
t/hfore Mr. Sergeant A anium.l

WlMant Kilpatrick, aged 19, was indicted for stealing three gold
seals, and three gold chains. the property of Alexander Macbesth,
a jeweller, residing in Ryder's-court, Leicester-square.
Mr. llaorsr.gics: conducted the prosecution, and stated to the
Jury, that the prisoner at the bar had been the shopman of the
prosecutor, who had reposed great confidence in him. Hut the
loss s havirg been very considerable. a watch was set upon the
prisoner, the property mentioned in the indictment had been
clearly traced to hint, and the indictment was therefore laid capi—
tally ; but as there right be a difficulty in proving that the prisoner
had stolen property at any one time to the amount of forty shillings,
the capital part of the charge had been abandoned, and now, there-
fore, if the Jury should find the prisoner guilty, their verdict would
not subject hint to capital punishment.
Mrs. Marbcath, the wife of the prosecutor, stated that the pri-
soner had been lawman to her husband : that, on the 16th of
December, a small desk, belonging to the prisoner, which was in
the parlour adjoining the shop, hating been accidentally struck,
Yew open, and displayed various trinkets and other things. tier sus.
picions were by these means awakened, and she immediately made
her husband acquainted with the discovery which she had made,
and they then proceeded to search the desk. They found in it seve-
ral articles of jewellery belonging to her hosband. and also a great
many pawnbrokers' duplicates of similar property, which had
been pledged by the prisoner,
' A shoptuan of M r.l-1 arrison, a pawnbroker, proved that the pri-
soner had pawned, at his master's, two gold seals, a gold key, and a
I locket, which he produced.
- - - • • • • •

•
Mr. PHILLIPS, in cross.examining this witness, asked how he
could take such valuable articles, being quite new, from such a
lad as the prisoner, without questioning him as to where he got
them.
The shnpman said, that the prisoner had been in the habit of
coming to his master's shop with articles to pledge.
Mr. PHILLIPS said, that on that very account the shopman
ought to have been more cautious.
Mr. Macheath swore to the articles exhibited as being his pro-
perty.
Several respectable persons were called, to speak to the prisoner's
character.
Mr. Sergeant Attains; observed, that before the case proceeded
any further, he wished, for the sake of the public and of justice,
to do what it might not be so convenient to do at any subsequent
period of the trial. Ile understood that the prisoner had been in
the constant habit of pawning his master's property, and that
there were then many pawnbrokers in Court to whom the prisoner
had paid his visits. Be therefore desired that all those pawn.
brokers should come forward and produce the articles which they
had received from the prisoner, in order that they might be in.
trisected by Mr. Mscbeath.
On this intimation, eleven pawnbrokers advanced, and exhibited
a quantity of gold chains, seals, rings, keys, brooches, lockets, &c.;
ell of which were immediately identified toy Mr. Maebeath as his
property, and restored to him by the desire of the Learned
Sergeant.
Mr. Sergeant Allan's then charged the Jury ; telling them,
that if they believed the evidence, he feared they must find the pri-
soner guilty.
The Jury immediately returned a verdict of" Guilty of stealing
under the value of 40s.
A former master of the prisoner then stepped forward, and ad-
dressed the Court. stating that the prisoner had purloined several
articles of jewellery from hint, while in his service, and which he
bad also pawned. The pawnbrokers who had received the property
were present, but refused to deliver it up. A bill of indictment
had been found against the prisoner, and he was now prepared to
proceed with it.
Mr. Sergeant ARAN,' said, that if the pawnbrokers did not in.
stoutly restore the property, the prisoner should be 'rut on his trial
for the offence.
Ale. Yu tet rs raid, that in that case the prisoner would save
the Court the trouble of going through the evidence, by pleading
" Guilty."
On hearing this declaration from the Learned Counsel, the pawn-
broken immediately consented to give up the property.
James Aylward was indicted for stealing in a dwelling-house
sundry articles of wearing apparel, to the value of la, the pro-
perty of Frederick Llewellyn and John Aylward.
Frederick Llewellyn stated, that he was married to the prisoner's
sister, and that he kept a clothes shop at NVapping, in partnership
with the prisoner's brother. On the evening of the 7th December
the prisoner had been visiting at his house, where tie staid till ten
o'clock. On the morning of the 11th he discovered that his cellar
had been broken open, and clothes to the value of la. stolen there-
from. Ile procured a warrant, and had the prisoner's lodging
searched, when part of the stolen property was found, and the
remainder at a pawnbroker's, where the prisoner had pledged them.
Mr. Sergeant Anastm, in charging the Jury, said that there
was a detect in the indictment, whi:h did away with the capital
part of the charge.
The Jury immediately found the prisoner Gei/ly.
Mr. Sergeant ARABIN observed, that his baseness in robbing his
relations, with whom he was living on terms of intimacy and friend-
ship, could hardly be paralleled. Ile certainly should not be al-
lowed to stay in the country.
Hobert Hayes was indictial for stealing a suit of clothes, the pro-
perty of %Vm. Browne.
The prosecutor stated, that he and the prisoner lodged in the
same house, and were on terms of friendship. A suit of clothes
I belonging to him had been stolen, and on the following day he
received a letter from the prisoner acknowledging the theft, and
enclosing the duplicate of the pawnbroker where lie had pledged
them. The letter stated, that the prisoner bad pledged the
clothes to tit himself out for sea, as he could not procure employ-
ment at home; and assuring the prosecutor that he would remit
the money for which the clothes were pawned, as soon as he
could obtain it.
The prisoner was found Guilty, but the Jury strongly recom-
mended hint to mercy.
Mr. sergeant Alums/ said, that their recommendation should
be attended to.

On Tuesday ae'nuight, as some workmen were employed
in craning some Bath stone from a barge lying at Twyning
Fleet, near Tewkesbury, the matt who was at the handle
of the crane let it go; when it immediately went round
with great velocity, and striking the head of the man who
stood near, killed him on the spot; the upper portion of
his skull was found several yards from the place where the
accident happened. . .

Mt LANcnoc.r ACCIDENT. A distressing accident
occurred at Stranracr on Saturday last. A number of
labourers were employed in clearing away the gravel
and sand from beneath a sloop of ordinary burthen, when,
melancholy to relate, the spare which supported her sud-
denly gays way, by which accident the vessel heeled so
quickly to the one aide, that one man was crushed to death,
and another so severely crushed, that his recovery may still
be considered a little doubtful. The unfortunate deceased
has left a widow and • numerous family to deplore his
lots.—Edinburgh Paper.

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