The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-25 00:00:00

soar:.. II e

La Teneure •. A Omer
Cronsdaite V. Milli pe
Vanneek ♦. Rusting-

Nicholson v. Boote
Stevens V. John•Aon

LATV INTELLIGENCE.

COURT OF CIUNCERV, MONDAY, JutY 24.
RE ATTORNEY-GENERAL V. THE PEINNERS' costragw.
The Loan C HAYCE et.on, in adverting to this ease, mid that
torte appeared to be three questions which required his decision.
'floe fray was, whether or not the Skinners' Company could be
coronae*" as entitled to a beneficial interest in the property in
goer/ions Under the terms of the will of Sir Andrew Judd ; and se.
Lividly, if not so entitled, were the funds to be exclusively devoted
to,titeeinteity. On these points be had formed an opinion, which,
with the reasons for entertaining such an opinion, he would state in
a few day*. With regard to the third question. he had not been able
votionn eR opinirn satisfactory to himself. The question was, as to
tho orneerrwhich it was proper to adopt in the event of the Skinned
t:aspplarty.not being in a mutation to appropriate die whole of the
to in the manner which it had been contended was necessary.
io
4N to Limply with the intention Mille testator. The question,
.n strict, was. what was the nature of distribution to be made of the
property between the Skinners' Company and thecharity ? On this
point he had not found the authorities very decisive; but he would
e-consider the subject, and endeavour to dispose of the case se
as possible.
t' CF.-C[lA NC ELLOR'S COI7R T. MONDAY, Ju Ll' 24.
DELAY OF SOLICITORS.
Several motions were called on this morning, but could not be
Lewd in c-nsegoence of the absence of Counselun the opposite side.
I,i the course of the morning
!dr SeGDEN was proceeding with a motion, when
R ott Pre interrupted him, by observing that he had been
i-.9..ructed to oppose the motion ibut, in consequence of the brief
en: laving been delivered to him above ten toinutes' he was not
p. ireil to eider upon the case, and he therefore hoped hi, Learned
. viand weold defer making his motion for a short time.
lie VICE-CRANCELLOR observed that if this negligence 014
t par or the Solicitors was not'altered, it would be absolutely
e...stsary to take sane public notice of it. Solicitors were con-
: tat.tly comp Lining of delays arising from Counsel not attending
ti their briefs, in consequence of their time being divided between
the tan Courts ; and yet those very parties mr.de it tenrold more
N.:lffieult to proceed, by not delivering their briefs in time to
so.ow Counsel to become acquainted with the subject on which.
tiny were to treat in Court.
Mr. Rourae said, his Honour would observe, that as the
Rope of motion was but oae day's notice, which perhaps was only
served on the Clerk in Court lace on the Friday evening, and there-
most like!y did not reach the attorney till Saturday, there was
hardly sufficient time to prepare the briefs.
Vic c-Cgaucteht.oa—Why not, Mr. Rotted ? It is a
two days' novice, and ought to be delivered on Friday. To sup-
pose it not to be &livered to the Solicitor till Saturday, is only
t-sung the negligence up one stage higher. If this were an iudi-
'.l.dual case I should not notice it; but I have no doubt that it will
ectlur fifty times in the course or this seal.
THE VACATION.
The Vi,:c-Citancii.ton, ha the course of the forenoon, inti-
mailed that is did not believe the Court would be able to rise before
the Huh August, him that he purposed, should it be convenient to
the Gentlemen of the liar, to rise on that day. It was his inten-
tion, after the bankrupt petitions were disposed of, which he
thoUght would be done some days before the 12th, either to hear
canoes or further directions, as should be deemed most advisable
by Coonsel.
Mr. lloaxx thought it would hardly answer any good purpose
co fear eases for further directions r.O near the vacation, as the
perties would not be able to obtain the decrees upon them before
Os rising of the Coon.
The Vic g-Cmitzcgta.oo—Ferhape, then, it will he considered
itkielle to hear causes. In this, however, we shall be guided by
cirecontences.
wEi.crsr.v.V v. Vitt oust: or brAt:trOnT.
:. TRE4I.9vE Moved for the appointment of a Receiver in
this cootie. to which the parties on the other side had consented.
THE AVS62)/ CNERAI. v. TOE: ARCIIai:4IIOP OF YORa.
Ale. Pgmpstasnw moved for and obtained an ord4, directing
ArebbinhSp of York to deliver up certain leases relating to
property belonging to a Charity, of which his (Trace was a trustee,
. to the Clerk fn Gunn for inspection in this cause.

I NSOINF.NT DEBTOR'S COURT, MONDAY, Jvllt 24.
James Rsaatneh, late of 3lanehester, hatter, applied for his ilia.
&gip, which co creditor appeared to oppose.
In his examination by the Chief Commissioner. the insolvent
stated that he ass arrested in April last, at the suit of a creditor
named Edwards. A short time before this event he 'secured his
tether. to whom be was indebted in a large aunt of money. When
tie other cretlitcrs became press'r.g. the fattier took possession of
• the pre?erty. and left the other creditors minus every thing.
f.ottsT—llow came you to do dis
Icsalvem—My father is In Court. he will explain.
l'he father was then examined—when It appeared by Ins evidence
t`st his son being a g art lad (about :17 years of he advanced him
inoney, anal wh.m the other creditors arrested him, he took the pro-
p•.:ry in secure himself.
By Mr. HEATII—The money was lent, not given; no written
....:zuritv was given. The advance in the first instance was riu.
Mr. lIEATIL *aid, the transaction was on the flee of the schedule,
and nn creditors, nevertheless, came to uppase ; titerekee the pee-
- rtnptinn was, that they were satisG-11. Under these circunistancea
I's hoped the Court would sliscl:rge the insolvent. If it should

herea!tcr turn out to be a gift instead of a loan, the creditors had
their remedy.
The Cif tEr COMMISSIONTEA said, that it was A matter of con-
eitleraltie doubt with hint, whether the money advanced was rot a
gift. Ile would not detain the insolvent, lio•ever, but he would have
such a statement put on the schedule which would place hint in art
awful situation, should it ever be proved to be tithe.
After giving the parties a solemn caution, the Court ordered an
explanatory statement to be Inserted in the schedule, and the in-
solvent was discharged.
Mary Genet was heard on her petition. It appeared that the in-
solvent had an action brought against her in the Palace Court, for ,
21. es.. and a verdict was given for the plaintiff, with costs W. 17s.
Bil. The petitioner having a pension of 301. a year, the Court
said it was an abuse of the Act for such a person to seek to be dis-
cbareed under it. •
The following insolvents were discharged without opposition,
—John Ward, of Kentish-town, surgeons' cutler; John
Taylor, of Brixton, butcher; Elliot Eclat, of Camberwell,
cooper; said Abraham Abraham, of Haydomsquare, general
dealer.
Owing to the non-attendance cf the attorneys, a great number of
cases were adjourned to the end of the day.
Morris John Mellows, of North. dace, Gray's Inn-line, hone-
' dealer, was opposed by Mr. T. I. Tittetton, a coachmaker, on
debt of .ill.
The opposing creditor stated that the insolvent purchased a
chaise of him for 301. on the 18th of March last, for which, anti
other things, he gave a bill on the 31st. Previous to the date of
the tell the insolvent disposed of' the chaise, and in a few der left
home, and went to prison on the 12th of April. The bill was ac-
cepted in the name of Morris Mellows, the intermediate name of
John having been omittad. Witness would be glad to be informed
what probable means the insolvent had of paying for the chaise
when he made the purchase.
3'he insolvent stated that-he had sold tho chaise and other things
to Mr. Cooper, of the Excbc Coffee-house, who is a creditor on his
schedule. A considerable portion of the proceeds went to pay the
expenses of rendering in discharge of his bail, in Easter Term, in
several actions which had been brought against him.
John !licks, the sexton of St. Andrew's, Holborn, stated that he
bad been bail in two actions which were brought against the insol-
vent. Witness denied that he had any knowled,ee of the insul-
vent's books, or that he ever said that Mr. Titterton would be jus-
tified in selling hint the chaise.
Mr. Tittetton submitted that the insolvent had contracted a debt
fraudulently, not having at the time of contract any visible means
of payment.
The Culler COMMIVAIONEA said that the insolvent's balance-
sheet was defective, and the Court should not proceed to adjEtica-
tion until they had secs Mr. Cooper. It appeared that the iiisol-
yent sold a chaise to him which he had lately purchased of the
opposieg creditor ; therefore it became necessary that the Court
should be put in possession of every transaction in which he had
been engaged for the last month before he went to prison.
The insolvent was remanded till the Ith of August, and ordered
to file the required account three days previous.

THE BRITISH PRESS•

which he refused, and In default was committed to the House of
Correction.

PAWNBROKER'S EVIDENCE.
Fanny Shepherd, a miserable.plooking old woman. was placed at
the bar, charged with pawning an immense number of articles be-
longing to a ready-furnished lodging. The property was traced by
the landlord of the house, Air. Rowe, a baker, r, siding on Saffron-
,
hill, to hare been pledged for various sums of money with 51r,
Cree, pawnbroker, of Gray's Inn-lane, and the remainder with Mr.
Brown, of Fetter-lam The former identitled the prisoner as the

person by wheal; it was pledged.
Timothy Perry; shopinan to slr. Brown, produced the property
on behalf of his employer, and when wilted by Mr. Laing who
pawned it, said he did not know.
Alr. Lai/in—Look at the prisoner at the bar; is that the intii-
viil,l4l? Perry—l do not recollect.
31r. LAlNG—book at her again. and be careful what you say,
or perhaps I shall be able to refresh your memory.-1 have looked
at her attentively, and I cannot swear to her.
Mr. Lam: —Will you swear that she was the person ?—b

cannot.
Mr. LAING—Now, Sir, I know what your motive is; before
you gilt this you must swear one way or another.—lt is impos-
sible for me to do so. I cannot remember every one that comes
to nor shop, and this transaction took place two months ago.
Mr. I,atttrn-1 do not ask you. Sir, to swear positively ; but
you must have a belief on the subject ?—I have no belief that she
was or 'vas not the person.
.Mr. bat:in—You must have some belief. I will now give you
just two minutes to consider a hat you are about, and if you do not
give inc a decisive answer, I shall commit you to the House of
Correction for prevarication.
The witness then withdraw, and at the termination of the case
was again called in.
Mr. batwo—Well, Sir, have you come to your recollection ; is
that the person ?—I cannot say that she is, nor can 1 say that she
is not.
Mr. Larsto—l ask you *tin, Sir, what is your belief ?—I hare
no belief. I have seen, the womanise the shop, but I cannot say
whether it was on this occasion or not.
Mr. LAING—Was it you who took in the articles ?—Yes, Sirs
i t was.
Mr. LAING—And you mean to tell me that you do not remersl:l
ber front whom yon took them ?—Certainly I do, Sir. When we
meet with so many strange faces during the day, It is impossible
for Inc to speak positively at this distance of time.
Mr. LAING, on looking at the ticket. observed, that there was
an omission, which, under the Act of Parliament, would render
the pawnbroker liable to a penalty of 101. ; namely, for the descrip-
tion of the individual pawning the property not bring folly set out
as housekeeper or lodger, and for the number of the house and
situation of the street not being inserted ; and he concluded by
informing the witness that he would have an information laid
against his employer, unless he told the truth immediately, without
reservation or evasion.
Perry—l came here, Sir, to speak the truth. and no more.
Mr. Latwn—l do not believe you. I see very clearly that you
are funning.-1 do not understand what you mean by the word
funning.
Mr. LAI NCI—VCS, Sir, yon do, very well. Now, I ask you for
the third time, do you believe that woman was, orwas not, the per-
son who pawned the things ?—lf bound to say any thing, I should
say she was not.
Mr. LAING—Why do you think so now ?—Because I have no
recollection of her,
The Chief Clerk was here instructed to take down the witness's
reply.
MT. LAING then said that he should send the case to the Old
Bailer, and if the witness prevaricated there in the same way, he
would be treated with less indulgence than in this instance. He
would, however, strongly recommend the complainant to lay an
information against the fellow's master.
The patties fhen withdrew, the prisoner being fully committed
for trial.

• ATTEMPT TO EXTORT MONEY.
MAKLIOROU.GR-STntr.T.— Mr. John Took. a respectable in.
habitant of St. Giles's, was brought to the office on a charge of
knocking the batket pf earthenware from the head of Moses Locket,
a licensed hawker, In' Btoad-street, St. Giles's, about nine o'cicci
on Saturday night, and refusing to pay for the damaged crockery.
These people travel in pairs one serves on one side the way,
while the other is offering on the other, thereby making one license
*rye foe both ; so that whichever gets into trouble, or is stopped
lay an officer for hawking without a license, contrary to the Act,
the license is:produced, and the name of the offender changed to
suit the Oonsion, thereby defrauding the revenue, and escaping an
Informatido on any charge of imposition. In this case Moses had
a license. which he said was in his own name, and came to the
office in full confidence of telling his own story, and gaining the
point he missed on Saturday. The evidence was as follows.
Moses Locket said, that on Saturday evening be was returning
home, after a long day's travel with little Twilit, having sold hut a
small portion of his stock, and very tired ; when in High-street,
with his basket on his head the prooner struck against his shoul-
der, whirled him y
completel sound, and knocked the basket of
earthenware oft' his head. fe had half a dozen cups and saucers
of one pattern, half a dozen of another, two bread and butter plates,
and four jugs. The four jugs were broken to pieces, and the sets
of cups and saucers spoiled, by parts being broken. He told the
prisoner what he had done, said it was a hard case for a poor man
like himself to sustain a loss like what had happened through his
carelessness, and asked him to make good the damage. The psi.
toner denied knocking his basket off, and refused to pay him for
the loss. There was a young man present who saw the prisoner
do it.
Mr. Toole said Locket and his companion were going on before
him in High-street on Saturday night. when the basket of earthen.
ware slipped from Locket's head ; he immediately turned round,
abused hint for knocking it off', and demanded 9s. as a recompense,
which he refusing to pay, Locket moderated his demand to 51.
This Sir. Toole also resisted, en the ground that lie not only did
not do it, but that Locket was drunk, and let the basket slip by
himself.
Sir GEORGE FARRANT, to Locket—Where's your witness?
Locket's companion, Edward Robertson, came forward, and told
precisely the same story as the other, with the addition that himself
and Locket were both sober.
The watchman said Locket was drunk.
Furzernan, the watchhouse.keeper, said both were drunk. Locket
was so drunk that it was very likely he dropped the basket. When
they came to the watchhouse he asked both the hawkers for their
licenses ; Locket produced his, but Robertson had not one. He
detained them for being drunk.
Sir Gent GE desired to see dye licenses.
Locket showed one in his own name, and Robertson gave one is'
the name of Baker, who, he said, was his master. lie was servant to
Baker, who had five or six licenses, and a servant was allowed to
hawk under his master's license.
Sir GEORGE read to Robertson several of the clauses of the
Hawkers and Pedlars' Act, which imposes a penalty on any on
hawking without a license, and the name in large ltomae charac-
ters on the pack or box. However, as they were both sworn to to
being drunk, tie Amnia fine them ss. each.
Furzeinan arid Robertson had had the license he produced heel*
to hint in the watchhouse.
They each paid the five shillings, and had nothing for the booboo
crotkery
Mr. Toole was discharged.
The brother of Mr. Toole applied to the Magistrate to knowlt
the two hawkers could not be indicted for a conspiracy to este*.
money. Hie brother had been locked up two nights in the wateh-t
house, which had given great uneasiness to the wife of Sir. Toolef,
who only heard of it at three o'clock on Sunday afternoon.
Sir GEORGE told the brother the cane would not amount to one
of conspiracy. It was a hardsWp on the par: of Mr. Toole, but he
had no remedy.
DISTURBING A CONGREGATION.
Wllliom Winch was brought up for disturbing the congregation
assembled in tVeet-street Chapel on Sunday.
Mr. James Gillet, an independent gentleman, anti attendant at
West-street Chapel, said the ;diviner came in on Sunday much in.
toxiatted, and was very noisy. On requesting him to go out he
refused, and was so very troublesome, that he gat one of the beadle,
to remove him to the watchhouse. •
The Minister of the Chapel said the prisoner was not an attend-
ant at the Chapel, end he knew no more of him than that he was
noisy and tipsy. He had no particular act to charge him with fur.
titer than annoyance. It Was net with a view of punishing the mo
aoaer that he appeared, so melt as to make him an example to
deter others. They were feequenly annoyed by persons turned on
of the neighbouring public-houses coming there intoxicated, aid
going to sleep.
The prisoner was ordered to Intl bail.
After his removal from the bar the Minister made an application
for his release, which Sir George promised after a few hours, to'
make him sensible of his error.
The gentleman dies applied to have a constable appointed to at.
tend the Chapel during service time. He was directed to the
Parish Committee, who would arrange with him in a day or two.
A man named Gordon, assistant to Mr. Truefit, perruquier, of
the Burlington-arcade, was picked up off the pavement in St.
Giles's, while insensibly reposing on the broad of his back.
The watchman stated that the prisoner was so far gone with
liquor that he could go no further ; he therefore took him to the
watchhouse. %Viten there witness asked him foc the loan of half-
a.nown, to rouae his recollection. First he said he would, then he
said lie had no money. Wittreas 'watched him, and found
11. 3s. 7d., which he made a memorandum of, and put in the pri-
soner's hat.
Sir Geonce—Well. you meat pay Ss. fur being drunk.
Gordon—Sir, I was not druak. I have a wound at the back of
my head, which at times occasions a giddiness. It was one of
those fits that occasioned me to fall ou Saturday night. lam very
subject to them.
Sir GEORGE—It fe a very dangerous giddiness. Suppose a gen.
Henan [Erne into your shop to be shaved when you were attacked
by one of these fits, the cainequences might be very serious.
Goedon—Oh, sir, mine is a very respectable branch of the pro-
fession. I don't shave.
Sir Geo r,cie--4Vell, you may pay a shilling and be discharged;
only take care of the giddiness another time.