The British Press; or, Morning Literary Advertiser.
London, England, 1826-04-17 00:00:00

William% v. trait

Norton v. Bentley
Alexander v. Copland
Barn. v. Croxford

Bimvon v. I.! Creel
Benjamin v. Cylbl
Ibutwyche v. bl'Oregor

APPOINTED tor
ichilesel—Tharsday,
May S.

L'ondon—Frlday, Apri
c,

Middlesex—Wedne4day, April 191 Weeffleaday, ARM. %; and TUestay‘
May Y.
London—Thursday, April 20; Thursday, Artlt 27i and Waduasitryi
May 3.

COURT OP EXCREQUER.
.T.IIIR rut, APRIL 17.
The Chief Rerun sits at IT o'elne%
Fisher v. /.ord (knee, Redford v. Illatithen, RI Alen of Cirlisls v.,
report Petition . TII3III
Chliden v.Workman,do Jones v.lltorons, peth. R'olia4pn v. mush
Davis v. Evans, decree Pritchett v. Roney- Godden v. c hathurn
nisi bodrne Day v. Mend
In re Bishop of Ches. Ripley I. Stocitley 111Pdcalle v. Medcalfe
ter, petition Meteor v. Nivea Partrldee v. Flecknovl
Expnne Row Church Ward v. Rovill Gale f. Luthsll.
Act, do. Reid v. Rotertsoft 1

- - ---
LONDON ADJOURNED SESSIONS, APRIL U:

IMPORTANT APPEAL,.

NIL 11. H. BROWN, WARDEN OF THE FLEET, APPELX.ANT,
AND THE CHURCH-WARDEN!{ AND ovLasztos ot THU
TARIM OF ST. 'mines, RF.SPONDEN ta.

Mt. Borrastri stated the cede to the Court, and obsetved that
this was an appeal or, the part of the Warden of the Fleet Pnann,
against an assessment sought to be made and levied by the Perish
Officers of Saint Bride's in Fleet-street. In making this appeal.
Mr. Brown by no means wished to he captious, nor did he wish tr.
avoid paying a fair and equitable proportion of parochial' rases; but
situated as he was, it was incionbent on him to take care that het
guarded against innovation, and that his successor should not have
to complain that he had quiescently yielded to an impost, with
which his predecessor was unacquainted. The property upon which
this levy was made consisted of a great Marr of looms, consti.
toting the Fleet Prison, the H'arden's house and other nects.sry ofa
aces and buildings; and it was for the Court to obsdrie, that Mr.
Brown, as the occupier of these per miens, (for such in fact he was),
stood in a situation widely different to any other person in the pa:
rash. By a clause in the Act 39 Geo. 111. It was 'rot:tied that
the Parish should be relieved from certain liabilities, *Mai might
be consequent upon tbe locality of the Fleet Prison, aft that, as he
(Mr. B.) apprehended, no particular burden could he brought
upon it. The great question for consideration was, is Mr. Brown
fairly and equitably rated, or ought he to be' liable to s heavier
impost ? For 43 years past the assessment had been upon 2601.,
which the Parish now wanted to advance to COW. The beamed
Counsel would call witnesses to prove that the income arising from
the premises in question.but barely exceeded 3011!. a year, out of
which the Warden had to provide and pay a Chaplin and other
00Icer., and also to make other expensive provisions for the con.
venience and comfort of his inmates. After making some remarks
upon the hardship, he had almost said injustice, of the measure,
the Learned Oentlenian called witnesses in support of the ap.
peal.
Mr. Wm. Wondroffe stated that he Is a iipstaft to the Barns of
the Exchequer, and had been for twenty years clerk of the papers
to the late Warden (Mr. Nixon), and coosequenity In possession of
full knowledge relative to all particulars relating to the present in.
quiry. There are 109 rooms in the prison, and the Warden is re.
etricted from taking more than 15d. a week for each. abe her they
are occupied by more than one person or otherwise. Supposing
they were all let upon these terms, which was not the case at some
seasons of' the year, the annual rental would-not exceed 310/. which
was subject to (oases and deductions. 'fhe witness then stated that
the Warden had to pay a Chaplain. Clerk, &c. which was an ex.
petite of about 6111. a year, and he had to provide fuel for the public
kitchen, and to light the prison, which, by a report laid before the
Commissioners in 1016. was estimated at 1;0/. a year. Supposing
the rooms all to be occupied, losses frequently arose owing to the
poverty of the prisoner, or from other causes. Beyond the tooms
alluded to, there was the dwelling-house for the Warden's separate
residence, and a public office. as also a public coffee-room, tap, and
other offices for the use and convenience °, the prisoners.
By Mr. BRODERICK—If the al arden had no other advantages
than those derived from his dwelling-house and the room rents, his
office would be • very poor one. The prison would doubtless
fetch mush more were it brought into market. Does not know of
his own knowledge that wine is sold in the prison. There is a pub.
lie tap, and perhaps three butts of porter may besold weekly. Only
knew by report that Mr. Brown appealed against the land tax.
Mr. Brown, jun. examined by Mr. BoLsastri--Witness hi the
son of Mr. Brown, the Warden, and has acted as his deputy since
his appointment. There are 11.09 rooms In the prison subject to
rental, and the current account for the last eight years are in Coon.
Mr. Marshall—ls private tipstaff and clerk to the Warden.
Witness produced an account of twelve months' rental, including
part of the year 1822, it was 320/.145. 4d. the folloving 317/.2.. 3d.
and the produce of last year was 21331. 13.. 9d. ; forming an overage
of 307!. 16s. 9d. Beyond the outgoings already stated, there is
18L a year paid to the New River Company, for a supply of armee
to the prison. . _

Mr..Bnonentcx said that if his Learned Friend inquired re.
lative to the outgoings, it would be for him to inquire about the
incomings.
Mr. Brown, jun., re-examined—His father's family consisted of
eight or nine persons. The house attached to the prison would be
a very inconvenient and improper residence for the female branches
of the family. . _

Woo'drofre4 to a yiestion by Mr. Baonkntca, said the
late Warden lived there, hut he had no family.
Mr. West. a collector of taxes and rates, proved that the War.
den's house was rated at 1:10/.; the proposal was to increase the
iii%%essmeta from 200/. to 6tlo/., and then it would not be rated at
half its actual value. Witness had some recollection that Mr.
Brown appealed against the assessment in 11122.
Mr. BRODERICK, for the respondents, contendetl, at great
length, that the parish were not to be guided in their assessment.
by the amount of the annual rental, but according to the actual
value of the property. supposing it a marketable article. The
Learned Gentleman cited a case from Barnwell's Reports, p. 500,
relative to the Birmingham Gas Light Company, where not only
the Lord Chief Justice, but Mr. Justice Bayley and Mr. Justice
1101royd, were agreed upon the subject. The only question for
consideration was, ought Mr. Bn•vrn, or ought he not, to be rated
according to the value of the property, instead of on the income of
which it is the source ?

111 r. Pitcher, a surveyor, stated that he hail taken a survey of
the prison, arid made an estimate of its value. The witness de.
tailed the mode on which he made his calculation, and its result,
Ile would himself give L2OOl. a. ear for the place in its present
state, and should thereby be enabled to clear 4001. a.year by it, ea,
after making every deduction, it would realise 1,6001. a-year.
11Ir. Deakea, another surveyor, had made his eatitnate, and he
coincided with the last witness as to the value of the premises,
Jr.l ROLLAND addressed the Court upon the evidence, and re-
plied upon the arguments advanced on the other side. His Learned
Friend had compared the Fleet prison to a gas factory and such like
establishments, but instead of their being analagous, they were as
dissimilar as possible. This prison belonged to Government, and
the Warden is an officer of the Crown; the comparisou of his
Learned Friend was therefore idle, if not ridiculous. That the pro.
petty was worth beyond what it realized, there was no doubt ; but
it should be remembered that the Warden was restricted by law
from taking beyond a certain rental, It was ridiculous, therefore,
to talk of 12001. when the realised income did not amount to 31111.,
and his Learned Friend, before lie made cnmparisons, should lint
show that the things were fit to be compared. He appealed to-the
Court whether the doctrine laid down was not fallacious, and
whether the principle proposed for adoption, would not, if carried
into effect, inflict a great hardship upon his client. Upon these
grounds, the Learned Gentleman hoped that the appeal would be
allowed.

The RECOUDER having combed the Aldermen on the Bench,
observed, that the Court had heard the arguments of Counsel, aod

testimony or witnessra on both sides, and were of opinion the pro-
petty in question sit.iuld be rated at 3001. a-year (a sum which the
appellant had offered), being • rate according to its value to the
Mr.
apprAline.
Mr. FinonE arcs said he should like to know the principle upon
which Pie decision wan banded, as the ease was an important one;
old he should like to have a cue, in order to argue the point befote
she Court of King's !tenth,
The RECORDER said the principle was, that property should
ndt be rated for more than it fetched. lie could not nee the tierce.
gain( a rise going before the superior Court .4 besides, it would
entail comiitemble expense upon the other party.
Mr. Ileonrwicit saki they would take the expenses upon them-
selves, and go in upon their own rink.
After the Court had consulted for a short time, the RECORDER
said he should not oppose the application the decision of the
Carat theieture was, that the property be rated at 3001. subject to
.rase.

POLICE.

At ARMIOROUOII-STREET.

The RECIZIIT-CIRCIIII IlooeTr.so-orrics.—Jmert Lancaster,
(`hark,(`hark,yun. and (`hark, Abd,t, were to have been examlneon Saturday
respecting Captain Audition's parcel, which contained the turquoise,
watch, and two ten-pnund notes • but the elder Lancaster, con.
tree" to the ,deice of his son's solicitor, brought a fresh charge
against Abbot, to prove him the culpable pony. Capt. Addison
and a room full of witnesses attended.

Mary Fitzgerald, an Irishwoman, swore that she was a widow
and servant to 'llr. Lancaster. jun.; that on Christina* eve about
ten o'clock. she saw Abbot buret open a brown paper parcel, se-
cured by a cord four times bound proud it; thee was with.' on
the parcel, but she could not tell its import, as she cannot read
(hit of the parcel he took a black velvet waistcoat and pair of
trowsers. saying, " Take these far off to pledge. and ask Sean" In
giving her the things Abbot let the waistcoat tall in the mud, and
an consequence the pawnbroker would only lend her &sovereign on
then); she is sure it was a sovereign, and no more. Ou her re-
aigen she gave the sovereign to Abbot, who gave her Iwo-Pence. to
t a glass of gin. The ticket he said she might do as she liked
with, and she took it home and mislaid it. The brown paper
envelope he gave her to light the lire with, and she did so next
morning. Her master was not in the office at the time. he was
gone to Twickenham for two days; she recollects having given
hip a clean shtrt sad handkerchief. She had frequently taken things
ta.pledge with Mr. Stevens, and ip Panton-street, for Abbot, but
never for anybody else ; never pawned for her master ; had often
beard her master abuse Abbot for breaking open parcels. Did not
think it wrong in Abbot to break open the parcel, though he said,
-"'Judy. take them far off."
Mr. Stevens, *legman to Mr. Aldoue, pawnbroker. recollected
the 24th of December. The last witness came in their shop with
the waistcoat and trowel, produced. Ile lent 225. on them. Ile
gave hers sovereign, a shilling. a sixpence. and teurpence in hilt.
pence. He asked her who they belonged to. She replied, to a
lasing man who lodged in the same house with her. He refused
her 203., on account of the waistcoat being wet with dirt. On
the Tuesday and Wednesday alter, she applied to hint for an Mil.
davit. oiling she had lint the ticket ; she then said the things be.
longed to her husband. He told her that a fashionable velvet
Waistcoat could not belong to her husband. She afterward contra.
dieted herself ny saying they were the property of a young man
who lodged with her. Suspecting her %tory, lie refused her the
affidavit. A few der, after, her sister's child came, and (as is the
practice with those wh.. cannot read) put several thipli, toes on the
copeoter, for him to mice the one that whirred to an article she
wished to redeem : among these was the duplicate the last witness
Said she had lost. This ticket he detained. Ile did not ask her
what name to put on the ticket, as he had known her seven years,
apd she always pawned in the name of Ann Itagget. she had
gowned many things of trifling value since the 24th of December,
such as an apron or a pair of stockinet,.
Abbot said lie had of en pawned his own thing. fur Lanceatert
he had even taken the east off his hack. and seer. d in the office in
his shirt sleeves, to make up the money for hnoked passengers. He
lent his feather bed for 31re. Lancaster to lie nn, who for rentehe
had slept on chairs. On one occasion, 3lr. Lancaster, jun. broke
open a hat-box, containing a hat, a pair of trowsers, and har.tker-
elle& ; the trowsers were now on his legs. and :he hat he save to
Jutir. to boy her a second-ha, d pair of shwa.
Judy—Oh Charles! what a d—d lie; it was to buy tea and
sugar.
Sir GEORGE FARRANT—(tO the gaoler)-31arselen, lock that
-woman up. She has prevaricated so much that I shall detain her
an a particeps it reminds me of the two thieves and the shoulder
of mutton : he that had it Mel not steal it—he that stole it had not
`of it.
The Minters 'Token of by Abbot were ordered to be stripped
from young Lancaster, and brought in ; but we the presence of
femeaster was required, the trowsers were taken bark in hint, to
enable hint to appear accordant with the statute providing against
indecent expo-41re.
Slr GEoROc remarked to Lancaster. sen., that his witness had
eta prevaricated, that little reliance could be placed in her by •
Jane.
Ohl Lancaster said he should he able to fix the charges nn
Abbot; he had paid Of since Christmet, for Inst parcels; there
bad.beco thieves in the office, no doubt. but his son was not one of
Wein,
Mr. Addiwee—You must expect to be robbed ; it says little for
the yeepeciability or your office, while you retain those in it who
bavq. been di charged for theft.
Dencaeter. sen., denied that he had such persons; the titan's
place had been searched, arid noticing lotted. Beide, lie was not
employed In offices of trust. If a piece was to be taken for a
pmateger, he gave him a shilling for the run.
Rpllard and Davis. two officer), of 31ariborough-street, deposed
to the man (Rogers) being still in Larcenists employ. Davie
had seen him sent with a parcel to Weennineter.
Young Lancaster was brought in. Ile tusked if he could be
bailed; being answered in the affirmative by the 31agistrate, and
smiled If he bail bail ready, the father of Lancaster said he hail nee
ntelde, but the wife of the other bad dissuaded her husband from
the retmoneibi I ty.
WO. Feneeete told Lancaster he should require him to be
bound is 2004.. and two sureties of 100 f. each.
Judy was brought in again, and asked if she ever pawned any
books In Penton...tree—if she ever offered any—whether she did
not take some books to pawn, and on being questioned. leave them
on the counter. and run out of the shop. She gave a pereitieelinee
viva to all the questions. The pawnbroker is to attend on
Wednesday.
'flue three prisoners were ordered to he locked up separately.
Tt/raauY.—Mare/mat. tor marrying three wives, is to be
brabght op on Wednesday. 37r. Morgan Dee ice, the proxecitto•,
Spade affidavit, that by that day he 'height he should be able to
go ace evidence sufficient for his convictior. Ile read a letter
21r. Robertson, the Town Clerk of Oxford, paying lie believed
the yarti a (brother and sister of the prisoner), able to prove Lis
eflariiage with Charlotte Norfon, on the 10di of Dec. 1810, at
Oxfore:, were purposely nut of the way.