The British Press; or, Morning Literary Advertiser.
London, England, 1825-12-15 00:00:00

LAW INTELLIGENCE.

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COURT OF CHANCERY, WILIONZSDAT, DEc. 14.
vi
DEL PONT TAITET.
The Loaf) CHANCE t.Loa, ing into Court this morning,
112.41.thochrbatrecul Attentively the papers in this most import
*
ant cause, and that the only order he ratite ought to make snip.
that the money in dispute be paid into Court : if the paths wipt,ed
to haw. 'listen:4o6lm ouch an order. aliMuld give them seriatim.
Mr. Koc, the Solicitor, said desire to Impose so moth
trouble as his Lordship; he re that the order for the
payment of the money intg- r$ almald be made without pre-
ile,:o?
desire
judice to an application to have It out again, in the event of the
plaintiff's bill being dismissed. ..
The Lunn CH AA CAA atia-41*. ceder 'hall certainly be with-
out prejudice ; that shall be the understanding, for it cannot be
Lipserted in the order, such sot being the peactice of the Court.
1• - • L.114A111 AND PARRY'S H.tNKRUPTCY.
In this case a difference of ceinion prevails bet Weill the Court Of
Kings Bench and the Court of Conr.on Pleat.
The Lose Citawczt.t.oet. that he might not be drive-n to say
' which of these high judicial authorities he thought was 4in error,
auggotted a few days since that a new trial be had, sad that emelt-
tinny be taken to the Judge's charge whatever it was t the ageing:,
could then be brought before the Twelve Judger, and their opiniou
had on it. At the same time he expressed a wish that the bil .0.
exceptions be to the hest imamate shown as biro. His Loritship,
addressing Mr.,bow, the Solicitor, this memieg. said, "You hate
not yet brought me the bill of exceptions which we were speaking
about thetather day."
Mr. Low replied, that lat had attended on the following day
with it.

The Loren Cuaorczt.i.oa—"Then be so good as to let me
bare It now."

Mr. Low went of Court and returned after a short interval with
a bill of exceptions, which he handed ht.

DELAYS 114 CIIANCERY.
Mr. Suanzw wu proceeding to submit a motion to the Court,
when he was interrupted by 31r. Ham, who stated that his
Lordship had ordered a tostnirdpr *titian to conga on this !horning.
Mr. ESL!) saifi the rue revecting the family of the late Mr.
Courtois WAS to have cone on first.

Mr. HoRXE-1 11113 Instruired to apply tb*t it be pat off until
the next seal: •

The Lo Ctrastcttuiti—Ptit thkt clips down fbr the first
thing on Monday ; and recoiled;' that it yea risk to have any
other thing come on Midday it must not be pat before Courtois'—
the fact is, a gentleman arks t/pit be, teed far Monday, and
then C. D. gets berme A'. 13 !,‘lvrtll7lllsieootivify.tvi natural law aLd
justice. You and 1, Mr. Hirt (ciantlnued his Lordship, locking
towards that gentleman) have been long enough in this Conn, to
knew that formerly motions were beard au particular days; one
day in the week, with perhaps half an hour of another was suffi-
cient for the whole. I only desire to know whethet I am not pretty
correct when I state that now pre that nothing but motions every
day.
Mr. float/r.-4t is the fashian no;r-k-dayslo dispose of every
cause by a minion of some sort. •
The Lotto Citancsi.Loa—There Is one class of mmor a
which takes lip a considerable tine tithe court, tamely, MP tip,. 40
to ascerra'in whattuotienl are to he t.,ard &sr.

Mr. /I Ent.n—lt will eonciaurt fo Le Ora woo whilst there le such
nn rnonn. ue mrn of proNing tout,o:is. For my elfin put, lam
n. aide to make one of my old motions, as my (fiend Mr. REA
31713 yr has no many •• very pressirg"'mottoos wreaks (a laugh,;
and al he in our senior, we namtally give Mtn the lead.
In a sub,equent part Of the day, Shea Mr.-Holum was about to
Ulti:fcll% the (411111,

•
31r. licar.r) applied to have the Mastrea report in a etrt-a,
cause suspended.

A etsCussion havirg arisen as to which motion ought to scrim
on first.

The Loan eit a/MELLOR said—Surely it is irriposailde for nor.
antiout hutting all the circumstance*, to say which case owiett
to come on first. When the bar nut it toms to decide whither th,s
esse or that is to proem', I have nothime to& hot most memo/-
fully to throw that question back on them. They knot* *hat tbs:
case is, and I do not.
Mr. Hoe sg— We can only judge of the importance of out usta
motions. anti those'we naturally think the wit picador '
The Lout, Cif aweit.Lua—What late Mao rts to by ?
have 1.4) rule: I have but to sit here patted* Wilikertisnacuredlr
4o listen to what is said to me. I think, it 'MIA am, that io
blame rests anywhere; but I protmt Most eohannly &tarot stir
blame being thrown on me. It was said that It *Geld be adv'etible
to prepare a list fit motions. in order that they might come on,
according to their data ; but I know from eaperienee that inctiot,
never come on so. There was always a 'magic to bring. them
on. Sometimes A was not h-re cm the day fitted for a motion tat
ather times K was absent t aid the coc,sequeare was, that chargers
were made for attendance on ev.cry tiny the asethea was in the
paper: which charges, if examined into, could sot be tOloweti, arul
einel not be allowed.

Mr. SHADWFAL (►4 we untlenitno,l) said there was mote ria.
gularitr as to the hearing of motions vhes a list watt prenarerl.
The 1,01113 CHANCri.I.OIt—I am confident. Mr. Sauteed, that
what I sly is right, for I hate taken witioe of it.
Alf. IiTALD—I reMerilb.'s that I thought. at the tine it would
be productive of Mischief; and when I afterwards. in another
piece. stated on oath, that isnprearinn. 1 found it was not quire
relished. tlouriar-1 are in the habit of arranging a great deal, but
they cannot arrange all; and wits: they cannot the Omni hears of.
Tore Loan etc All atu not at ail preempting to blear.
(lonnwei ; for I am satisfied it is the unties aseture of the hum-
nets tkat gives rise to it, and we ea.:44 hap ha pomp ?termed.
All I protest against is, that where in my mut opinion there iu no
blame there should be supposed to be a siva isisiettses of blame,
and that it should an rent on me. tWe untiseeNothis Lordship t
suspend the Master's report.]
Mr. Auer' said he had • si,ilar motion to make, but his le;r1-
014 oiould not alb, him to prmec.L

hand the lady into it. While doing so the Young Pilot came up
on the off-side dm coseli, at the rate of ten miles an hour. Them
was room enmesh on the side for two coaches to peas. The
Plaintiff was knocked forward by the Young Pilot, and he fell en
his face near my leaders' heels. The defendant's coachman con-
tinued to drive on. When the plaintiff got up his face was bleed-
ing very much, and also one of his hands. It was three or four
weeks before he recovered. For the first iortnigbt he did not do
any work. Ile went on with me to Seaman%
Croat-esamined—The plaintiff is our horse-keeper at Edge-
ware, through which place the coach passer. Tie coach road is
33 feet wide ; I will swear I was within 8 feet of the font.peth, not
within two feet of the crown of the road. The plaintiff was quite
sober at the time. I could not observe the point where he was
struck, as I was attending to my horses ; but I RAW him fall ; he
got up again, and assisted the lady into the coach. I afterwards
heard the plaintiff talk to the defendant at Two Nl'aters, but I did
not hear him challenge the coachman to fight. He attempted to
get off the coach, and in doing so he fell; iota then went up to the
defendant.
Re-examined—l pulled up to the side of the road as nearly as I
could. I could not get nigher without passing the door, as I was
PO suddenly called to stop. There were the passengers, a lady and
her servant, and the plaintiff, all between the coach and the
pathway.
'iVm. 'romkins, an inha'sitant of Berkliampstead, confirmed ge-
nerally the testimony of this witness,
Cross-examined—There is a sudden fall in the road where the
accident happened. The road has been measured, and is 33 feet
in width. 1 was about 19 yards from the spot.
Re-examined—The declination of the road did not by any means
make it a dangerous part to pass.
Miss Hill stated that she was standing on the steps of the door,
opposite the place where the injury was done to the plaintif, and
wh.ch she desctibeci in the same manner as the first witness.
Mrs. Pitchford, who was the lady for whom the coach was drawn
up, also represented the occurrence in the same way ; she consi-
dered herself to have been in very imminent danger.
Mr. Rogers, a surgeon, of Stanmore. attended the plaintiff on
the day following the accident, when lie complained of a Revere
bruise on the side, but there did not appear to have been any bones
broke. Witness saw no bruises on the plaintiff's lace. Be was
able to walk about, but not to work.
Cross-examined—The plaintiff did not tell him anything re-
specting a second fall that had happened to him on the same day.
This was the plaintiff's case.
Air. Sergeant Vac °HAIN in addressing the Jury for the defend.
ant, observed, that no castes required more cool and dispassionate
atteation than cases of this description, and he entreated that the
Jury would not let their mind,' be led away by the feeling appeal of
his !Ranted Brother, as it was one of the first principles. of British
Justice not to decide until both sides had been heard. Experience'
had taught him that, in matters of this sort, there generally was a
great deal of overcharge in the statements of Counsel ; and that very
frequently. when negligence was charged on one side, it turned out
that the negligence nee on the other. It could not but be perceived
that there was some coach rivalry in this affair, and that Pullen
was merely the nominal plaintiff. The injury done him was of a
trifling nature, and it would be shown that he had so treated it,
and had demanded satisfaction by challenging the defendant's
coachman to fight. It would be proved that the accident intirely
arose from the drunken conduct of the plaintiff himself. As to
damages, one pot of beer would have healed all the plalmiff'e
wounds, and re glass of brandy have satisfied his every claim. Under
these circumstances, the smallest damages would amply compen-
sate him.
William Clark examined—l was the coachman of the Young
Pilot on the Ist of July. 1 stopped in Berkhampstend before the
Good Intent; that coach passed me while I took up it passenger
the Gond Intent then stopped in about the middle of the rend, and
I panted it on the off side, which wee my proper side ; the other
side is upon a descent, and there are trees whose branches would
have touched the passengers if I had gone on that side; I was go-
ing about eight or nine miles an hour. 1 taw Pullen get off the
Good Intent, and open the door to adjust the seat, and some ladies
were passing to the coach; I passed about four feet from the Good
Intent, and the off wheel of my coach was within six inches of the
gutter; I did not see the accident, but I heard &scream, anti as my
booking-office was about ten yards further, I went on, and then
turned round, and saw Pullen picking up his hat ; I went up to
hint, and said," Dick, Mope you are not hurt;" his answer was,
" D—n you, I will serve you out for this." I went back to the
office, and the Good Intent passed me ; the plaintiff was on it ; we
changed horses at Two Waters; the Good Intent panned the inn
where I was staying ; the plaintiff; in attempting to get off that
coach, fell, and then came into the inn, collared me, and said,
" D—n you, now I will serve you out for this ;" he appeared to be
drunk. I saw him afterwards at Edgeware, but nothing passed be.
tween us, but I understood he came there to make it up with me.
Cross-examined-31y off wheel was within a foot of the footpath,
and my near wheel was four fret from the Good Intent. My coach
covered about sor 6 feet. I saw the ladies near the coach. I did
not observe the lady put herself between the wheels to avoid my
coach. I saw there was sufficient room, or I would not have at-
tempted to pass.
By the COURT —I cannot say how far the trees hung over the
road, but I will swear there was not room between them and the
Good Intent on that side, for two coaches to pass.
Mr. Vickery, an outside passenger by the Young Pilot, exa-
mined—As our coach passed the plaintiff reeled back, and our hind
wheel touched him on the shoulder. He did not appear to be sober
at the time. I saw him at work the next day.
By the Coe lIT—I won't swear that there was rot rcom for two
coaches to pass on the near side of the Good Intent, nor do I know
that there are any trees hanging over the road on that side.
John Edltn described the accident in the same manner as the
coachman did, and added, that he would not have gone on the near
side of the Good Intent, because there were ladies also on that side
of the coach, who he believed afterwards became passengers; The
Young Pilot passed on the off Ride, and there were full thsee feet
' between the two coaches. The plaintiff wan most certainly drank.
Cross-examined—l was once in the service of the defendant, and
WAX turned away from it, and afterwards applied to be engaged by
him again. I will moat positively swear that there was not room
for two coaches to pass on the near side.
By the Cotter —I think that it' both of the men were proper
coachmen the defendant's email might have passed the other at the
rite of nine miles an hour without any danger to the passengers
standing near. I was not turned away for overturning a coach, but
for abusing my master.
John Prey also said there were ladies on the near side of the
road. Ile was not aware of any trees overhanging the road. The
defendant's horses were not galloping at the moment of passing.
B 1 the CouitT—l will not swear that they bad not been gallop.
lug Just before that.
William Pilkin had seen the road measured, and it was 29 feet
wide. There were trees on the nearside, but they did not overhang
in such a manner as to impede the passing of a coach on that side.
31r. Sergeant Seewite addressed the Jury in reply.
The LORD CatET JUSTICE thought that the evidence for the
defence had shown gross negligence on the part of the defendant's
servant. The law of the road undoubtedly was, that the coach
should pace on the off side; but that law, like all other laws, had
its exception,. It was clear that the delentlant's servant, in this
case, ought to have gone on the near side, and that his conduct in
not doing see had been most rash. It had been said that the plain.
tiff was drunk; but that was no reason why he should be run over ;
and he could tell these coachmen that it they carelessly ran over
a drunken man, so as to cause his death, they would be guilty of
manslaughter, and be liable to transportation for life. The de-
fendant's coachman had himself said, that although he heard a
scream. he still drove on. It was die duty of every coachman,
under such circumstances, to pull up immediately. .-If the Jury
were of opinion that the accident was caused by the negligence of
the defendant's servant, they would give the plaintiff such moderate
dameges as the case deserved.
The Jury retired, and after being absent half an hour, returned.
Verdict for the plaintiff—Damages 10f.

INSOLVENT DEBTORS' COURT, WEDNE3DAY, DEc. 14.
Mazy Speakman (sued as Maria Rigby), late of No. 4, Grafton.
street, Fitzrog.square, the wife of Lee Simaktnan, late of Liver-
pool. cotton broker, whose present residence is unknown, was
brought up on her petition.
The petitioner was a young woman, fashior.abiy attired, and
appeared much affected on account of the situation in which she
stood .

The COURT, without puting a siagie ir.tcrrogatory W the in.
solvent, ordered her to be discharged forthwith.
sieseewile *emend Ferguson, of Crweehei-friase. emmiaissien
agent? was opposed by :11iss Grace Adiam. The fair opponent
examined the insolvent with considerable acumen relative to sere.
nl matters connected with his estate end effects, and among other
questions put was the following, the answer to which, as the acquel
will show, proved fatal to the insolvent's application:—
Pray, Sir, (said she) how long is it since you last took the benefit
of
_the_ Insolvent Act?

Insolvent—About four years ago.
The opposing erediior then stated to the Court that the in.
solvent took premises of her, representing himself to be a Scotch
Commission Agent," and that by a variety of excuses he shuffled
payment for a coosiderable time. At length she became pressing,
when the insolvent said she need no: be alarnmd, at lie was a
Captain in the Tower Hamlets Militia, beyond which his brother.
who resided in Scotland, allowed him 1601. a-year, neither of
which statements appeared to be true, although for a time they
lulled her Into security.
The COVET considered this a fit case in which to exercise the
diceretion vested in them by the Act relative to applicants who
should come before the Court 'twice within the compass of live
years. They thought, therefore, as the insolvent had contracted
a debt fraudulently, they would be j.istified in dismissing the
petition.
The insolvent took a different vie, of the subject, and thought.
that that cireuinstance was touch in his favour, for said he, •• the
Court may recollect, that when I was last ludote it, I passod through
it with greet honour." (Laughter.)
The Commissioners' sense of justice, however, Was not to ha
shaken by this enaget•c appeal to their !impunity, for they ordered
'the Insolvent's peddle to be dismissed.

The Menai suspension-bridge, in the erection of which
much honour is due to the Shrewsbury Iron Foundry,
hears now every appearance of a speedy completion. The
carriage-roads and footways through the ctutte arc all.
firmly planked. Wednesday was remarkably hue, and if
the weather continues so fur a kw days, the whole will be
completed. The opening is posisivelf Sited fdr the 211 of
January, titelat falling ou Sunday.—Sitrric.il.:osatrankk.

THE BRITISH PRESS.

WINTER ROME CIRCUIT.
SURREY ASSIZES, Knterros, Dec. 14.

Thontis Hill and John May were indicted for assaulting Thos.
Luck, on the 7th December, on the King's highway at Newingtoo,
and robbing him of four dl. Batik of England, two M. Tonbridge
bark totes, and three sovereigns, his property.
Mr..lEssowe conducted the prosecution, end Mr. ArrtrittWa
and Mr. Marrovies the defence.
The prosecutor was a farrier, at Camberwell, and on the 7th De-
cember he went to the lied Lion public-house, in a street leading
into Blackfriors'-roed, width he could not name, never having
been there before, for the purpose of refreshing himself. He bed
in his pocketbook the property above-mentioned, which was Fast
of the proceeds of an estate which he had recently sold at Ton.
bridge. In the parlour he found the prisoner Hill. and though a
perfect stranger, the! entered into familiar conversation, cud drank
freely together. About tire o'clock they went to the house
of the prisoner May, a jobbing heCkneymans in the Surrey-road.
After taking • cup of ten, he and the prisoners went together
successively to the King's Head and the Windsor Castle public-
housesinfit.Georgen.fields,where theydrank in cniripany,the prose.
tutor paying the reckoning, and treating several strangers whom he
saw there. By this time he was considerably inebriated, but
still retaining his senses. About seven o'clock he went alone
into the Artichoke public.homie for a few minute., leaviag
the prisoner outside the dcor. He had scarcely crossed the
threshold on his return, when the prisoner Hill struck him a
violent blow on the mouth, whilst the other prisoner thrust his
hand into his inner pocket, and took his pocketbook, exclaiming,
" I have got it." Hill then knocked hint down, and both pct.
toners ran off. Immediately afterwards, the landlord of the
Windsor Castle, with 'bon] the prosecutor was acquainted, came
up. and to him he related the manner in which he had been treated.
Next day the prisoners were apprehended, and on the person of
Hill were found one fire-pound note and part of another five-
pound Bank of England note, which were identified as the pro.
secu tor's property.
Many of the facts stated by the prosecutor were corroborated
by several witnesses: and he was proved to ben remarkably sober
man, though, on this occasion, he had indulged in liquor to excess.
Both prisoners solemnly denied the robbery. The prisoner
May called a number of witnesses, who gave him an excellent
character.

The Jury. under the Learned Judge's direction, found the pi-
sobers Guilty ; and sentence of " Death" was recorded.
[Before Mr. Baron Huttocx.l
James For; and John Simmons were indicted for stealing three
pockets of hops, the property of Messrs. Price and Thomas, at St.
Saviour's, Southwark.
Mr. ANDREWS and Mr. BROMITCIC conducted the prosecu-
tion, and Mr. Law and Mr. THEssrozn tho defence.

The prosecutors are eminent hop-merchants of Southwark, hav-
ing warehouses in Wintecross.street, Redeross-street, and Maid-
stone-buildings. The prisoner Foy, who was one of their foremen,
had the care of the warehouse in Whitecrotts-street. On the 3d of'
December, ISM the pockets of hops in question were brought
from Yaldey. in Kent, and delivered into the prisoner's care.
They were missed in the month of August last, when suspi.
cion falling on the prisoners, they were apprehended. There
was no evidence of the manner in which the hops were
removed from the prosecutor's house ; but it appeared that
in the month of April last the pockets in question were sold by the
prisoner Simmons to Mr. Eastman, a corn-chandler, at Bermond-
sey. When Simmons was apprehended he admitted the possession
of the hops, but raid he had sold them as agent for Mr. Thurston,
living near Paddington. It was proved that the prisoners were
very intimate, but there was no direct evidence against Foy.
Neither of the prisoners called any witnesses.
The Jury, under the Learned Judge's directions, found Foy
Not Guilty, but convicted Simmons, and lie was sentenced to
seven years' transportation.
John Jacobs, is person of gentlemanly dress and appearance, was
indicted for feloniously intermarrying with Catherine Fitzgerald,
spinster, on the 23d January, 1816, at NValcot, in Somersetshire,
his first wife. Dorothy Donovan, to whom he had been married at
Cove, Cork. in the kingdom of Ireland, on the 6th of April, 1013,
being still alive.
Mr. LAW moved to postpone the trial until the next assizes, on
an affidavit, stating that the prisoner (a debtor in the King's
Beach prison) had been committed for trial only yesterday, and
that he had no time to procure, from Ireland and elsewhere, several
witnesses material and necessary to his defence.
Mr. Bnon RICK, for the prosecution, was instructed to resist the
application, but
The Learned Jrnerr, under the circumstances sworn, thought
the postponement of the trial was reasonable.
The case was therefore ordered to stand over until the next
Assizes.
Robert Sancti was indicted for feloniously intermarrying with
Esther Filp, widow, at Newington. his first wife being alive.
Mr. LAW conducted the prosecution, and Mr.Awnarws the de.
fence.

---
The prisoner. who appeared to be in infirm health, had been
married to his first wife since IEIIB, and had parted from her on ac-
count of misconduct. In 182.3, he was married again to his second
wife, a widow advanced in years. Since his separation from his
first wife, he had repeatedly sent her relief. Both marriages were
clearly proved, and the prisoner was found Guilty.
Under all the circumstances, and considering his infirm health,
he was sentenced to three months' imprisonment in the county gaol.