The British Press; or, Morning Literary Advertiser.
London, England, 1807-06-06 00:00:00

THROCIEMORTOD. O. TODD.

Sir John Throckmorton bei ig an inctimbrancer,
with divers other persons, upon an estate, by mort-
gage, and there being a very tedious lawsuit re.
speaing the mortgaged premises, Sir John entered
into a contra.. 4 with a Mr. ['odd, to assign or make
over to him all his right and claim, under the
mortgage deed, for a sum much less than that due
by the deed. The other creditors of the estate
have obtained a decree for the sale of the lands and
dividends of the original mortgagee. Sir John,
petitioned to be allowed the remainder of his debt,
over and above the sum paid by Todd to him,
under tne contrast, aad that Todd may be paid out
of the dividends in question, the sum by him ad.
vanced to Sir John. It was contended, that the
contraß between Sir John and Todd was finding
upon Sir John, and that he should have no further
claim on the estate in dispute ; for that his claim
was certain, although subjea to delay, at the time
of the contraa with Todd ; and that his remedy
waa only against Tocl,l, if he had any grounds in
equity. The Lind Chancellor said to Sir JAI'.
Agent, that he thought the intended snit against
Todd, by Sir John, would prove difficult ; but
granted so much of the prayer of the petition as
entitled Todd to receive from the dividends the sum
by him paid soden the contra& with liberty to Sir
John to file his hill, on -or before the first day of
Michaelmas Tem, but not after.
It was suggested by Sir Alt TIM! Ptoore, that
such liberty should be without prejudice to the pro-
ceedings of-the creditors at large, of the estate.
Sir Samuel. Rosstt.ty here objeBed to the words
•s without prejudice" making any part of the order;
words which he said were never introduced with
an,ither view than of creating some prejudice ; a
construaion adopted by the Court, and saw words
were rejeaed.

COURt OF LINO'S BENeti, Wairm TTTTT hogs 3.

The Court was occupied the early part of the day
in hearing arguments upon special law cases, re-
served fir that purpose: the following of which
was the only rule of any public imporwnce :

MIL PITT'S LIFE.
00" DULL I. v. IiqoLDIIIVY and 0i1..1.

This was a question upon a policy of insurance,
on the life of she late Right Hon. William Pitt.
The c.tse stat-d. that Mr. Pitt being indebted to
the Plairitiff, 'he latter had an iusurable interest in
his life. and effened the policy of insurance in
qoestion, with the Defendant', for the sum of 5040.
for the space of seven years, at a premium of 15
guineas. Mr. Put having died within that period,
and the Plaintiff's interest continuing. he brought
his :aliens upon the policy, to recover she whole
amount, but previous to iektIOCI brought. the mi.
gins' debt was discharged. by Mr. Pitta executors.
The Counsel. nn the part of the Plaintiff, argued,
that, notwithreading the original debt bad been
paid. the i:steres• of the Plaintiff still continued in the
policy, and lie was eutr.led :ALA action at law upon

On the other hand. it was etintim:Ted, that the
Plaintiff's interest in the policy of insurance. ceased
upon payment cf the debt, by th tzecumrs, pre.
vines to bringing the aftion, and, therefore, it was
untenable. _ _ _

Lord Ettewaostouon observed, that the case
stated did not contain some fads which were ne-

eessary to be before the Cour?. viz. whether Mr.
Pitt died insolvent it otherwise—out of what fund

the «motors paid the debt. the nature and amount
of it, kc. ? He, therefore, whhed the parties
would consent to turn it into a special verdiet, so
that all the fads might be before them. The case
was accordingly postponed for that purpose.

JUDGMENT FOR AN ASSAULT AND RAVISH-

M ENT.

TNIt icipo 4. ASAAff•K MIARS, and ALPS CRAM/Ir.

Oar readers may recoiled, that the Defendants la
this case were tried and found guilty, at the lad
Lent Assizes At Chelmsford ; the man for assaulting.
a girl of the name of Harberton, with intent to
ravish her, and the woman for aiding and assist=
ing him. A full report of the trial will be found
in our paper of Saturday. the I4th March last.
These persons were this day ►sought up to receive
the sentence of the Court. Atter the report of
the Learned Judge, who tried the cause, had•

-
been read, -
The Counsel for the Prosecution said, that no ob-
servations he could make upon the heinousness of
the crime, of which these parsons stood con..
vieed, could add any weight to the report of ths.
Learned Judge.
Mr. WICILT, for the Defendant, Aan Crean, said,
that if the report was come, of which be bad a '
doubt, he bad nothing to say in mitigation of pis.
nishment, erupt that this unfortunate woman had
been already 12 months in poison, during the
whole of which rime she had mrndueed Urea
with great propriety.
Mr. Gummy, for Hearn, urged the incredibility
dew story itself, which was so muraordinary for
singularity. That the woman had been the obize
of abuse he could not deny, but there was consider..
able doubt at the trial, whether Hearn was the
guilty person. The poor woman's testimony was al-
most incredible ; be did not, however, mean to im-
peach her veracity, but it was visible she might
have erred from the imperfect state of her mind at
that time.

Lord Et tensoiousin—', It is clear the woman
waa infirm in mind, and tbat infirmity was in-
creased by having drank strong liquors ; Jila of that •
this Defendant most basely and cruelly to k ads ea-

tam,.
instice Cease., in passing the judgm.nr of
the Court, observed, that these Detendauts had
been convided upon the clearest evidence. It W 33 a
case of such force and violence, as scarcely ever
happened tc,,any unfortunate and unprotected fe.
male. The aggravation was the greater as to Ana
Crat'o, whose sea alone should have di*ated °ewe
cogised. As to Hearn, it was his duty rather to have
proteded,than insulted, an unfortunate woman, then
under his care; and he had a very narrow escape of
atoning for his offence by the forfeiture of his life.
“ When we consider," he added, " the ioterest of
those persons who are obliged to travel in waggons
at night, whether as a case.fo'r public example, or of
singular depravity. we are equally bound to pass
sues a sentence as will prevent a repetition of suck..
crimes."
The woman was then sentenced to three months
' imprisonment, in addition to tte twelve months she
has already undergone, and the man to twelve
n:rr•~. turther imprisonment, in Chelmsford gaol ;
b ith to stand tocChaezfriin the pillory once in the
Market-place of erd, within that time, upon
a market-day.

TUZ IILIZOOL JORIF MACLCOWLI.

The Prisoner in this case was brought up from
Newgate. to be admitted to bail, having been com-
muted by the Magistrates of Bow-street. on suspi-
cion of forging indorsements and negotiating Bills,
to the amount of 40001. which had been not to Lou.

don by different Merchants and Tradesmen, horn
risherton, in Nottinghamshire, by the conveyance
of the Edinburgh coach, and taken therefrom. It
appeared from the examinations taken before the
Magistrates, that about the 13:h of March last,
the several notes in question wee-, by some secret
rr.e.ins, embezzled or taken out cf the coach before.
mentioned, and many of them nesisncisted at differ-
ent Bankers' in Derbyshire, rissicrrdshire. Chester,
and various otherrpulteer -There notes were in-
dorsed by a person calling himself J. Warren.
The Prisoner was apprehended by Adkins
and Anthony, two Bow-street Officers, and was
four or five times brought up and re-committed for
further examination. ' Fourteen or fifteen persons
were examined, but none of them could identify
the Prisoner as the person who passed himself as
J. Warren, and negociated these bills, except
three, who could only speak to their
Upon these grounds he was committed by the Ma.
gistrates.
In support of his present application to be ad•
mined to bail, the Prisoner produced an affidavit.
sworn by himself, Mr. Louis Bologna, of Covent-
Garden Theatre, Mr. George Grimaldi and his
wife. of the saute, Ann Thomas. Susanna Stewart.
son, Letitia Harroway. and several other persons,
*on clearly and circumstantially described the Pri-
soner to have been in their company, or transaftirg
business with them in or near London, from tha
13th of March until after the 20th, in the course of
which lime the bills in q-estron had been negociated
in the counties of Stafford and Derby. and at Ches-
ter, and other places, upwards of 130 miles Irma
London. Someof these withesses (Grimaldi and Bo-
logna) had accompanied the Prisoner one of those
days to Woolwich. where they sAntormed in the
Entertainment of Den ']rant at the Woolwich The.
atre. Other witnesses spoke of his desokias tea
with them, going to the play in the evening, pur-
chasing goods, &c. at such times as rn.ide it im-
possible that be could be absent from London, so
as to be able to go to those various distant places for
die purpose of negotiating the bills :n que•tion.—
It further appeared, that the Pritonms i.. 1 t:een for
many years in the h3.0.,t of IvreFong a d.arv,
which he was able to account for ever moment of
his time.
After hearing Counsel on both lid e Court
considered it a case in which the patty might be
permitted to bail.; and the Prisoner WAS accord-.
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