The British Press; or, Morning Literary Advertiser.
London, England, 1824-02-02 00:00:00

LA IArrEt.LIGENCE.

COURT OF CHANCERY, S•TURDAT, JAN.3I.

EACH) GAHEICE V. THE RIGHT HOW. CHARLES EARL
CA
The Loan CHAICCEitoa, an caking his sent, stated that he had
read the affidavits in this ease, and he could see no reason why the
money should have been transferred out of the hands of the Ac..
countint-General.
Mr. ROSE read a letter from Mr. Bailey, the trustee into whose
name the money had been transferred, stating that he had no obiec.
tion that the money so transferred should be considered as standing
in the muse.
The Loan CHAICCII.TOR said, that the object of the Court
ass, that the claims of the pieties upon Ibis psi perty should he
ratisfied. If Mr. Bailey assent:4 to the money stantlir.!; in the
cause, he thought that would answer all [Almost% ; hut he ronsi.
dered the letter jest read to be only expressing a readir.ess to assent,
and not as a direct assent on his part.
Mr. HART expressed a desire that some order should be made
with respect to the costs of this application.
The LoaDCTIANCELLOR pOMpORCII final judgment until 'Wea-
-1 nesdrty morning, when he hoped all ditferenots between the parties
would nominate by some arrangement.

DELAYS OF THE COURT.
The lunatic petition, in the matter of Lord Portsmouth, having
been called on,
Mr. HEALD was anxious, before that ease was argued, to say a
j•few words with respect to a case which was of considerable import.
once. The petition In the matter of the Elephant and ( astle Cha-
,rity had remained in his lordship's paper for upwards of seven
weeks, and it was probable, for anything he could see to the con-
teary. that it would stand there for as many more weeks before It
was heard. The case came originally before the lice-Chancellor,
and the usual order was made to the Master to approve of a scheme.
I The report was made, and the parties took exceptions to the report.
The opposite party then applied to his Lordship by appeal but,
notwithstanding, the Master proceeded to review his report, It op.
peering that there was considerable delay in bringing the appeal
before li:s Lordship. The 3faster had made his report, and the
l'ice-Chantellor had been petitioned to confirm that report. His
Honour bed, however, declined to confirm the report, as he wished
I his Lordship to decide the case. The result was, that the whole pro.
ccedings in this Charity *ere suspended, and that the poor persons
who thrived their maintenance under it were compelled to go totally
unprorided. Under these very pressing circumstances, he begged
his Lordship. on behalf of these poor people, to hear the petition of
appeal in this Charity, and not to allow any ease to precede
excepting those row on the paper. Ile knew that his Lordships
dole was levnted to the public, and that it was of little importance
to him individually what causes were first disposed of; but he Cllr.
Heald} was induced to petition his Lordship, on the part of the
respondents, to hear the ease, which had been postponed day after
day and week after week, to the utter ruin of the parties concerned.
He hoped, therefore his Lordship would It= the petition with as
moth speed as possible.
The Lomb CdsxcEntona observed, that it was very hard inton
him that he was maileAnswerable for the delays which had arisen.
ILhe had explained once he had explained a hundred times, that
itnirm Dot owing to trim that delay had arisen, for he had always
been most anxious that cases which were ordered to stand on the
paper should be postponed to these which had already been placed
tittle. If there had been any deviation thorn this rile, it was no
fault of his. He knew well, that by the custom of England, time
att of MMd, the shoulders of the Chancellor of England were des-
tined to bear the evils complained of, and much more; and he
would only say, that that Chancellor ought to be able to bear a
great deal.
Mr. HEALD was conscious of the truth of his Lordship's re-
mark. He hoped his Lordship would direct the Register in future
to pay more attention to the book of causes, and to prevent causes
being set down before those which had been preciously directed
to be heart - _ .

The Lnen CHANCELLOR—Let nothing come on bebre the
El:phant and Castle Charity: Only recollect, 31r. Heald, when
the Lleplumt and Castle Petition is called on, I shall send for you.
Mr. H EALD—My Lord, I am never absent when a case is called
on in which I am Counsel; but gentlemen suppose I ant Counsel
in a case when 1 really have nothing to do with it. I know it
is very easy to say—l will move this or that case when 31r.
Heald Cottle' into Court— _ . .

The LORD CHANCELLOR—I only say, don't be out of butuour
if I send for you.
LORD PORTSMOUTH'S CASE.
IN RZ LOUD PORTSMOUTH.

This was a petitiO;Whelialiefil;eComntittee of hard Ports-
mouth's estate, praying that the trustees under the deed of 1709,
might be directed to pay the sum of 6,111.1 L, forming the arrears of
maintenance due to the estate. By a deed of trust, dated In Nov.
1799, certain trustees were appointed to manage Lord Portsmouth's
state for 07 years, and the trustees now appointed are Mr. N.
Farms, Lord Grantley, and Mr. Hanson. It is to compel these
trustees to pay the maintenance due to the lunatic that this petition
was presented.
.Ir. Sucinex, on the part of Lord Grantley, acceded to the
prayer of the petition, upon condition that Mr. N. Fellows should
pay over the balances in his hands to the banking.bouss of Mown.
Drummond.
Mr. HART opposed the petition, on the ground that there wife
no assets in the hands of the trustees to pay the sum now
demanded.

IrI;LTIRD CHANCELLOR asked, supposing slr. N. Fel!owes
was receiving solely, for his sole use, the whole of this mo,
was this a petition upon which that question could be agitate?
If Lord Grantley thought himself injured, why did be not present
a separate petition ? No question could L• 2 entertained, that Lord
Portsmouth ou;:ht to be protected by all the trustees for the time
being. If it were true that Mr. N. Failures, or Mr. Hanson, or
Lord Grantley, were setting up an authority to act as the sole trus-
tee fot the time bring, and receiving and paying the money, let a
petition be presented, and the fact proved, and it would soon be
seen what the fate of it would be.

Mr. HART, on the part of .Me. N. FeHawes, expressed his ear-
prise at the manner in ..vhich this case had been conducted. He'
had hoped that the matters introduced by Mr. Sugden would have
passed sub sikullo ; but, on the contrary, his Learned Friend, as
the curator, or Committee of the Solicttor.Geseral, had thought
fit to take up his quarrels, and to introduce all this irrelevant ,
matter. It had been said of the English nation, that when they
saw two men fighting they must light too; but Mr. Sugden had',
gone still further, and chose to tight when other men were most
peaceably inclined. The plain answer of Mr. N. Fellowes to this
petition was, that he had not the means of receiving any money,
and that therefore he had nothing to pay. As to the question,
whether Mr. N. Fellowea had or had not received the rents, it was
immaterial and irrelevant, where no petition had been presented on
the part of Lord Brantley. The matters which had been intro-
duced by blr. Sugden would make no impression upon his Lord-
ship's wind ; but the evil was, that they would navel out into
some newspaper, probably accompanied with great inaccuracies,
and it would be said, that the brother had inhumanly withheld the
support due to Lord Portsmouth. It was therefore fit that he
should here deny one or two statements; Ist, that Mr. N. Fel-
lowes had refused to make any payments to the Committee; and,
'ldly, state that he has sworn nothing upon the affidavit but what
way most true and accurate. With respect to the maintenance of
Lord Portsmouth, it was found that the scale which hail been
adopted was more m:pensive than even his fortune would admit.
Perhaps on some future occasion the Court would take that point
into its actions consideration. With respect to the appointment of
Mr. Ellis, it was well kne.wn, that at the et.d of the year that
nomi:.atioo c:ased, and it was referred to the Master to appoint a
new receiver. TiliS was a most simple minsaction, and he did not
see on what ground Lord Brantley had thought fit to interfere in
' that arrangement. Mr. Newton Fellowes ass prepared to pay
what was due with thy monies in his hands; but the answer to
this petition was short and simple, that he had at present no
assets.

further consideration. Then, secondly, supposing this to come
within the principle of the Marquis of Northampton's case, lie sub-
mitted that the defendants, in the manner of the publication, had
not brought themselves within it. Here the le:ellen, article merely
said, " Mr. Prince observed," so or no. Now this was not asu
cient description of %Ir. Prince to enable the plaintiff to find out
who he was, and seek redress ageinst him as the author of the slan-
der. The defendants should hale gone farther, and stated who
Mr. Pt ince was; in order that, if they meant to justify themselves
chi the ;sound that they had merely repeated what Mr. Prince had
'aids the plaintiff might be enabled to trace the source of the slan-
der to the original propagator.
r..luatire BAY I.EY—The plea is nothing more than that what
is sated in the libel is a true account of what was stated before the
I Lord Mayor?
31r. It t 11.111ns replied in the affirmative, and
The Cut at, therefore, directed him to take a rule to chew cause.

LAW V. POINTER.

This wan an action on the case for an injury done to ,a horse of
the plaintiff by the cardamums and negligence of the defendant's
servant. On not guilty pleaded, it 'mitered nt the trial before
the Lord Chief Justice, at the London Sittings after last term, that
the defendant, being owner of a •baroitche, had hired a pair of
horses for the day of a livery-stable-keeper, and the carriage was
driven by a coachman (provided by the liveryman), whom the de-
fendant was to pay ss. for the job. The accident happened near
Rank-buildings, in the city, in consequence of the negligence of
the coachman, whereby the plaintirs horse was s:riouidy injured.
The question at the trial was, whether the action would lie against
the defendant, as the temporary master of the coachman, who was
provided at the defendant's expense by the liveryman, to drive
hired horses? Ott the authority of two cases, cited from sth
' i:spir•.asse's Nisi Prissy Reports, the Lord Chief Justice ruled
that the action was not rneintainable, and therefore directed a
nonsuit.

Mr. ABRAHAM now moved to set aside the nonsuit, and obtain
a new trial, on the ground of misdirection. He cited two case*
from Campbell's Reports, over-ruling those on which the nonsuit
had proceeded. Ile submitted that the defendant was liable for the
negligence of the coachman, though tl:e latter was hired only for a
temporary purpose.
The Coutur said, that the case must turn upon the question
whether the coachman was to he considered Cie detendant's servant:
they doubted whether be could be sa considered, but granted a rule
to *hew cause.

TILE CORPORATION OF HUNTINGDON.
Mr. BROUGHAM applied fur a rule to shew cause why a manda-
mus should not Issue against the Corporation of Huntingdon, to
compel them thelcct a new Mayor, in the ()Lux of the person row
nommen,' filling that office, in rursmince of a bye-law of the Cor-
poration, framed in the year Ifi A. By that bye-law it was pro-
vided, that if any Alderman became a non-resident, for the space
or six months, luz office became ipso
_Acta void, and it was compe-
tent for the Corporation to nominate a successor. The affidavit on
which be grounded his motion shell A that the.present Mayor was
a non-resident, and had incurred an Infraction of the bye-law. It
was necessary to make this application to correct the infringement
of the bye-6w. In fact, in the same borough the office or Coro-
ner belonged to Captain Montague, a post-captain in the navy,
and who was for a considerable time absent on his professional
duties in America, during which absence the office was executed
by two Aldermen, who bad no right whatever (legally speaking) to
perform its functions.
The COURT refused Mr. Ilrougbam's motion, on the ground
that no previous application had been made to the Corporation, to
require that to be done, whit+ the mandamus was intended to
enforce. _ _

On the motion of the ATTORNEY Orwritar., Robert Hyde,
who had suffered judgment to pass by default, for lighting a tire
no the ‘ca coast, u a signal for a smuggling vessel, was brought ur
tor judgment, and sentenced to two months' impruenment and
I ard labour in the gaol at Dorchester.

COURT OF COMMON PLEAS, VVZSTMINeriII,
SATVIIVAY, JAN. 31.

(Sinker in Banco.]

into a private room to Thomas Tlitartell, told him he had made me
acquainted with what was intended, and tbat as he had known me
for some time, Thurtell tired be under no apprehension of danger.
T. Thurtell then raid—" Mr. Hunt, I will satisfy you for any
goods you send here, and for which my bill is taken ; and if you
can get my acceptance discounted, you shall have a share." Thia
occurred about the beginning of September. and both of them said
tint no time was then to be lost in getting whatever they mold, as
he, Thartcll, would hare to go into the I inzeLte soon after the No-
vember term commenced. Another fortnight elapsed without
any thing being done, and then l'robert arid :—" Hunt, your air
purr-tic( is very shabby • I will get Thartell to give you his ac-
ceptance payable at ht bankers, in Pall Mall, where he keeps an
account, and no tailor will refuse to take such a bill for a suit of
clothes." Ile afterwards gave me a bill for 101. Ithi. and I tried It
at several places, but amid not succeed, and I retutued it again to
Thurtell.

-
By T. Thurtell's desire, I ordered some expensive articles at
Dare and Slack's, in Ceckspor-street, which were sent according
to the order. There was about this time to be a great dinner at
the Cock; and about ten days before the dinner, John Thurtell
went to Probert's cottage on a shooting party for a few days to
shoot on the grounds of Major Woods; he returned the day before
the dinner, and at the dinner he took the deputy chair. On the
same day that J. Thurtell retuned from the cottage, he told me
C.st he had become desperatmc in love with Miss (a aline Noym,
thesister of Probert's wife; but that she had promised her hand
to a man named Wood ; he said, however, that he did not care for
that, he would continue his visits, and endeavour to supplant him ;
and I understood from him that he frequently went to the cottage,
until one Saturday when he was going down there, he met Mr.
Wood and Miss Noyes coming to town in company together. This
very much vexed and mortified him, and he then commenced
writing letters to her, which were either unnoticed or returned under
cover; this only served to irritate him still more, and he inveighed
most bitterly against NVood t Probert also joined in the abuse of
Wood, and said—“ Von know, John, I hate the fellow, and there
is r.o man of my acquaintance that I should like to have the girl
but yourself." Thurtell said no man In this world should ever
Marl between hint and his happiness, if he lost his own life in the
muse; and that he should go to Norwich the then next week, and
get his friend Harper to lend him his Mr-gun to settle some of the
gentlemen who had ill-used him. He said there were three or four
on the list, bat Wood stood first, because he was in the way of his
happiness. I understood from Probert and John Thurtell that Hiss
Noyes was entitled to some money on her marriage, and that if
she married J. Thurtell he and Probert were to go into business
together. J. Thurtell wert to Norwich at about the time the ie-
dictment was preferred against him and others for the conspiracy,
and he was absent two days. I met him in Fleet-street the same
night he returned, with the air-gun under his arm.
John Thurtell had written a letter front Norwich, addressed to I.
me at Mrs. Mountain's, wherein he informed me that he had got
everything he wanted—that all was right—and desired me to meet
him at nine o'clock on Saturday evening, at Temple-bar, at the
corner of Shire. lane. I was a quarter or half an hour beyond my
time, and found hint waiting; he showed me the air-gun and
double-barrelled pistol : the latter, he said, would be of no use to
him, as it would make too kind a report. It was a large-sized
pistol, and has the name of 31 r. Harper upon it. We went to Mrs.
Mountain's, and after taking something to drink, I left him. The
next week he gave me the pistol, which I pawned at Cotterell's,
in Shoe-lane, for Ss., and it is now there, either in the name a
Jones or Hunt.

The ensuing week the plan of shooting Mr. Wood, in Castle-
street, was determined upon as follows :—Wood, Probert, and
Noyes had lodgings in the same house together, at No. 15 or 38,
Castle-street, Leicester-square, and it was agreed that, soate night
when Noyes was down at Probert's cottage, Prober' was to go
home early at night and keep the landlady and her daughter drink.
ing below stairs after Wood was gone to bed, and when he was sup-
posed to be as'eep, John Thurtell, disguised in a boat-cloak, was
to enter the house by means of Prohert's key of the strxt door, pro-
ceed to Wood's room, and shoot him through the heart with the
air-gun. lie was then to place a small pistol that had been dis-
charged, in Wood's right hand, so that it might appear as if he
had shot himself, and he was then quietly to leave the house and
sleep in the city. Prohert was afterwards to have gore up stairs,
and found Wood in this situation, and given the alarm, order land-
lady was to have found him dead the next morning. An inquest
would of course be held on the body, and it was to be made appear,
that in a fit of insanity or despondency. he had shot himself.
Pro-
bert said he would attend before the inquest and swear that Wood
was much embarrassni in his circumstances and depressed in his
spirits, and that was the reason, he had no doubt, why he had de-
stroyed himself. John Thurtell asked a man, named Woolf, who
keeps a sale shop, and who was in the habit of using his brother's
house, the price of a boat cloak for the purpose, but I do not know
whether he bought one or not. The reason why this plan was not
carried into effect at once was, that the sir-gun was found to be
out of repair, and it was sent to a gunsmith's in Sherrard-street to
have a new valve. Thurtell told the gunmaker he had it for the
purpose of killing deer ; the repairs came to a shilling or two LLD_
der a pound.
The night Wood's murder was to have been perpetrated, he for-
tunately did not sleep at borne, and some accidental circumstances
afterwards caused it to be put off, and the idea of shooting him in
Castle-street altoge:her abandoned, although Probert was continu-
ally urging Thurtell to commit the murder, saying there could not
be a better time to s.!-roe him, as the landlady had no other lodgers
in the house. Probert often said, "If you mean to do it, why
once?
don't you do it at you know I can keep the women engaged."
Thortell replied, " D—n your great eyes, if you want it done, why
don't you do it yourself ? you are big enough and ugly enough,
and there Is the air-gun at your service." On which Probert used
to turn it off with a laugh, and say, " You know, Jack, I want you
to have the woman, and should rot like Wood to get her."
Th:: house in 31anchasta-buildings was taken for the express
purpose of destroying Wood, and making it a warehouse for what.
ever goods could be Obtained from tradesmen by fraudulent bills.
J. Thurtell took it from a solicitor in Derner's-street, and gave a
reference to Cousins, a linen-draper, at Kensington, to whom also
a great quantity of Thintell's valuable property was sent. Thomas
pawned one of the looking glares for 31 to pay for the agreement.
went with J. Thurtell and Mr. Asseretis' clerk to see the house,
and J. Thurtell told the dark he should not want the ll:tures, as
when his family ca e from Norwich, he must have all new fixtures
and furniture. When this house in Manchester-buildings wu
taken possession of, I went with a waggon, hired from Da.. n, in
Compton-street, to bring away a great many articles of fumiture
' and bedding, which had been obtained from different tradespeople,
and deposited in a cottage which T. Thurtell had hired at Kens-
ington for the purpose of secreting them. Some of these things
were afterwards seized, as I have bent given to understand, by the
creditors, at a house in Cumberland-street.
The next plan against Mr. Wood was, to entice hirn to the house
in Manchester-buildings, and there destroy him. J. Thurtell
borrowed a pair of dumb-hells, 61b. each, from a Mr. Hancock,
and it was settled that I should by stratagem get him to accompany
me to and enter the house, and when he was within side, I was to
shut the door upon hint, and go to Charing-cross, where Thurtell
was to meet me, after despatching him. And, in order to account
for his absence, a letter was to be sent to his lodgings, to say that
several writs were out against him.
(To be continued.)

POLICE.

BOW-§TREET.

Anotrcrrog.--A decently demised iemale, named Elizabeth
White, applied on Friday evening, in great distress, to Sir R.
Dime, stating that she had lived as cook in the house of a Mrs.
Blias, • lodging.house.keeper, in Norfolk-street • that in the be-
ginning of the week her trimness had pressed her to go to see her
husband, who was at a distance in the country ; she accordingly
west on Tuesday, and on her return on Friday bound her daughter,
a tine girl, thirteen years of age, had disappeared. She had
made diligent inquiry of Mrs. Bliss, and of the servants,
but was unable to gain any intelligence of her child, further
than that she had not been seen after seven or eight o'clock on
Thursday evening, and the complainant stated thar she suspected
Mrs. Bliss, and a Ilre. Mills who lived in the house, had conspired to
give her up to a tienetal Officer who was occupying apartments of '1
Mrs. Bliss; and that by their urinal contrivance the child was
taken away and secreted. Sir Richard immediately granted his I
warrant, and on Friday evening Mills was brought before him, and
ordered to find bail. Saturday Mrs. Bliss was examined before
Mr. Minahull, when she solemnly protested her innocence, and
produced her servants; and, after a very full and minute investiga-
tion by the worthy Alagintrate into all the circumstances, and •
close examination of the servants, there appeared no ground to stall
pect Mrs. Bliss of the abominable crime imputed to her. The
rise, however, Is still involved in great mystery. as no damp bare
been heard of the child ; and Ellis, an active officer, was directed
by Mr. 51inshull to mske every possible inquiry, and, if possible,
thud her, so that the !natter might be fully explained, and the guilt
or innocence of the parties demonstrated.
Ellis, one of the principal officers, and Blackman, were dia.
patched instantly to make inquiry, and it was in a short tune as-
certained that the object of their search was in a house in Villiers.
street, Strand. Blackman went to the house, where he found that
his information was corrsc; •' but the girl, learning his arrival, re-
treated to a room, locked herself in, and was silent to all his de-
mands for admittance. Ile at length burnt open the door with his
foot, and brought the unhappy child away, and in the evening she
was exar-ined before Mr.

She is extremely tall tor her age, has a fresh colour, beautiful
eomplrcion, and reinavkably fine face. She sobbed aloud upon
bring questioned, and it was with the utmost difficulty that a sin-
gle answer could be extracted from her. At length she admitted
that she went away with a gentleman, but here she again stopped,
and It was not until the question had been repeated more than fifty
times, that she was prevailed upon to name him. She did, how-
ever, finally mention his name, and related other circumstances,
which it would be extremely improper to state at present.—
It is sufficient to say, that upon her information a warrant was
issued for a very serious offence, and the officer desired to appre-
hend the person charged as soon as passible. The officer had been
previously to the gentleman's lodgings, but he was not at home.
Mrs. Bliss was Set at liberty, upon an undertaking to appear on
a future day, and the girl was left to the care of her mother.