The British Press; or, Morning Literary Advertiser.
London, England, 1826-08-23 00:00:00

OTH} R 3.

LANCASHIRE—The Jurors of our Lord the King. upon their
oath, present, that Iktfore and at the time of the committing of
the offences in this, and in the second count of this indictment
mentioned, Margaret Daulby. l'heehe Daulby, Elizabeth Daulby,
Anne Daulby, and Catherine Daulby, by lawral means, that
is to say, by the consent, direction. and appointment of
William Turner, Esq., the father of Ellen Turner, a maid.
and unmarried, had the order, keeping, education, and go-
remittent of the said Ellen Turner. And the Jurors afore-
said, upon their oath aforesaid, do further present that on
the seventh day of March, in the year of our Lord one thousand
eight hundred and twenty-six, at Manchester, in the county of
Lancaster, Edward Gibbon Walvtield, late of :Manchester afore-
said, in the county aforesaid, gentleman, then and there being as
person above the age of fourteen sears;' William Wakefield, late
of the same place, gentleman, then and there being a person above
the age of fourteen years; Edward Thevenot, late of the same
place, labourer, then and there being a person above the age of
fourteen years ; and Edward Wakefield, late of the same place,
gentleman, and Frances, the wife of the said Edward Wakefield, '
then and there being respectively persons above the age of fourteen
years; not having any right or authority whatever, did take away
and convey the said Ellen Turner out of or front the possession, and
against the will of the said Margaret Daulby, Fircebe Daulby,
Llizabtth Daulby, Anne Daulby, and Catherine Daulby, unlaw-
fully, wickedly, and injuriously ; and, for the Nike of kcre and
gain, did conspire, combine, confederate, and agree together, with
divers other persons whose names to the Jurors aforesaid are un-
known, by divers subtle stratagems and contrivances, and by false
representations, unlawfully to take and carry, and to cause and pro-
cure to be taken and conveyed, the said Ellen Turner, then and there
being a maid, uninanied and within the age of sixteen years, to
wit, of the age of fifteen years, from and out of the possession of,
and against the will of, the said Margaret Daulby, Plimbe
Daulby, Elizabeth Daulby, Anne Daulby, and Catherine Daulby,
then and there having, by such lawful means, the order, keeping,
education, and governance of the said Ellen Turner, and unlaw-
fully to cause the said Ellen Turner, to then and there being a
maid, unmarried, and within the age of 10 years as aforesaid, to
contract matrimony with the said Edward Gibbon Wakefield, un-
knowing of and to the said William Turner, then and there being
the father of the said Ellen Turner, and in life to the great ills-
patagement of the said Ellen Turner, to the utter heaviness and
discomfort of the said IVilliam Turner, and against the peace of
our Lord the King, his crown and dignity.
And the Jurors aforesaid, upon their oath aforesaid, do further
present that the said Edward Gibbon Wakefield, tire said William
NVakefietl, the said Edward Thevenot, and the said Edward Wake-
field, and Frances his wife, being such persons as afaresaitl, and
F not having any right or authority whatever to take and convey the
said Ellen Turner out of or from the possession, and against the
t will of the said Margaret Daulby, Piratic Daulby, Elizabeth
t Daulby, Anne Daulby, and Catherine D.sulby, afterwards to

wit on the same day, and In the year afoteesid, at Man-
chester aforesaid, in the county aforesaid, unlawfully, wickedly,
and injuriously, and fur the sake of lucre and gain, did
conspire, combine. confederate, and agree together, and with
dime other persons, whose names to the Jurors aforesaid are
unknown. by divers subtle stratagems and contrivances, and by
false representrione, unlawfully take tied convey, and cause and
procure to be taken and conveyed the said Erin Turner, ther tied
there being a maid unmarried, and within the age of sixteen yearn
as aforesaid, from and out of the possession, and against the wilt of
the said elarguret Delay, Phoebe Daulby, Elisabeth Daulby,
Anne Daulby, and Catherine Daulby, they the said Margaret
Deulby, Flturbe Daulby, Elizabeth Dauthy, Anne Daulby, and
Catherine Daulby, then and there having by such lawful means as
aforesaid, die order, keeping, education, and governance, of the
said Ellen Turner, to the great disparagement of the said Ellett
Turner, to the utter heaviness and eisconitort of the said William
Turner, arid against the peace of our Lord the King, his crown,
and dignity.
And the Jurors aforesaid, upon their oath aforesaid, do further
pie sent that before and at the time of committing the offence here.
after mentioned, the said Ellen Turner was within the age of six-
teen years, and a ward, rind was then the only child and heir appa-
rent unto William Turner, Esq. he the said Waitron Tu. ner then
having substance in lands and tenements to the value of five Ilion.
sand pounds by the year to wit at Manchester, aforesaid, in the
cetinty aforesaid. And the Jurors aforesaid, upon their oath, afore-
said, do further present !het the said ledwerd (gibbon \Vakelield,
the said IVilliani Wakefield, the said Edward Thevenot, and the
said Edward Wakefield, and Frances, his wife, well knowing the
premises, on the day and in the year aforesaid, at Manchester
aforesaid, in the county afureenid, unlawfully, wickedly, and iteiti-
riously, and for lucre, and tor the sake of the said substance ef the
said William Turner, did conspire, combine, confederate, and
agtee together, situ with divers other persons, whose names to the
Jurors aforesaid are unknown, by divers subtle stratagems and con-
tnvances, and by false representations, unlawfully, felouiouely,
violently, and against the will of her, the said Ellen Turner, to
take, force, and convey away the said Ellen Turner; and by the
aid, procurement, and abutment of the said William Wakefield,
Edward Thevenot, and leeward Wakefield, and Frances his wife,
feloniously and for lucre, and fur the sake of the said substance,
and ageinst the will of the .aid Ellen 'Fulmer, to marry the said
Ellen Turner to the said hdward gibbon Wakefield, to the great
disparagement of the said Ellen Tut tier, to the utter heavinesa and
discomfort of her friends, and against the peace of our Lord the
King.
And the Jurors aforesaid, upon their oath aforesaid, do further
prieeet, that on the same day, and in the year aforesaid, the said
William Turner was seized of', and lawfully entitled to, divers
lands and tenements, situate in the County Palatine of Chester,
and lawfully possessed of, and entitled to, divers monies, goods,
and chattels, to wit, at Manchester, in the said county of Lan.
ea-4r ; and thae the said Ellen Turner, on the same day and in the
year aforesaid, was, and still is, the only daughter and child of the
said William Turner, stud then was an infant, arid under the age
of sixteen years, that is to say, of the uge of fifteen years, to wit,
at Manchester, In ten said county of Lancaster.
Aud the Jurors aforesaid, upon their oath aforesaid, t'o further
resent., that the said Edward gibbon Wakefield, the said WI:I.
Wakefield, the said Edward Thevenot, and the said Edw. Wake-
, field, and Frances, his wife, together with divers othe: evil-disposed
persons, to the Jurors aforesaid as yet unknown, on the sanie day,
in the year aforesaid, at Manchester, in the said county of trencabter,
unlawfully, wickedly, and inaliciouely, did conspire, confedurete,
and agree together, by divers false rind deceitful artifices, strata.
gems, pretences, arid devices, to cause and procure the said Ethel
Turner, then evil there being such infant as aforesaid, to marry the
said Edward gibbon Wakefield, without the knowledge or consent
of the said William Turner, her said father ; lie, the said William
Turner then (to wit, at the time of the said last-mentioned Con-
spiracy) and there being alive, with intent thereby to obtain and
procure for die said Edw. gibbon Wakefield divers lands, monies,
and goods, of him, the said Win. Turner, to the great damage of the
said William Turner, to the evil example cat all others in the like
case tiffentling, and against the peace of our said Lord the King,
his crown, and dignity.
And the said Jurors aforesaid, upon their oath aforesaid, do fur.
ther present, that on the same day, and in the year aforesaid, the
said %Villiain Turner was seized cat, and lawfully entitled to divers
lands and tenainents,eituate in the County Palatine of Chester, and
lawfully possessed of, and entitled to, divers cronies, goods, and
chattels, to wit, at Manchester, in the surd county of Uneasier,
and that the said Ellen Turner, on the same day, and in the year
aforesaid, was, and still is, the only daughter and child of the said
William Turner, and then was an infant, and under the age of
sixteen years, that is to say, or the age of fifteen years, to wit, at
Manchester, in the said county of Lancaster. And the Jurors
aforesaid, upon their oath aforesaid, do further present trot the
said Edward gibbon 11-akefield„ the said William Wakefield,
the said Edward Thever.ot, and the said Edward Wakefield,
and Frances his wile, together with divers other eviddispoeed per-
sons, to the Jurors aforeimid as yet unknown, on the Sallie day and
in the year aforesaid, of Manchester, in the said county of Lancas-
ter, unlewlully, wickedly, and maliciously, did conspire, combine,
confederate, and agree together, by divers false and deceitful arti-
fices, stratagems, pretences, and devices, to cause and procure the
said Ellen 1 urner then and there being such infant as aforesaid, to
marry the said Edward Gibbon Wakefield, without the knowledge
and consent of the sand William Turner, her said father, lie the

said IVilham Turner then (to wit. at the time of the last-mentioned
conspiracy) and there being alive ; to the greet diapaagement of
the said Ellen Turner, to the utter heaviness and discomfort of the
said William Turner, to the evil ex4itiple of all others in like case
offending, and aguinst the peace of our said Lord the King, his
crown, and dignity.
SENTENCES ON THE RIOTERS.

The following prisoners, who were convicted during the present
Assizes of rioting and power-loom breaking in different parts of
the county, were put to the bar :—James Riding, Wm. Sutcliffe,
liichard Kaye, James Latham, James Ormerod, James Haworth,
James Chambets, Simeon Wright, Richard Entwistle, Wm. Win-
der, John Haworth, Henry alelling, Thomas Lomax. Thomas
Greenheigh, John Crowshaw, Thomas Leaver, Isaac Hindle, Tho-
mas Dickenson, James Leaver, Edward Houghton, Thomas Ash-
tuomli, Thomas Sharpless, Robert Butterworth, James Asptlen,
James Shorrock, Alexander Norris, John Orrell, Thomas Emmett,
Anne Entwistle, Betty Haworth, Betty Cunllffe, Mary Hindle,
Mary Marsden, Margaret Yates, Joseph Clayton, John Hogle,
Mat k Cockprell, Joseph Baldwin, Anne Ingham, Lawrence Hand.
man, George Ashworth, and John Ashworth.
His LORDSHIP having in a very feeling manner addressed the
prisoners (who were put to the bar in groups of ten and
twelve each), and pointed out the folly of their proceedings,
which could produce no other effect than a prolongation of that
distress, which he was sorry to say had at the period of these riots
existed to an alarming extent in this county—said that, in consi•
devotion of the recommendation of the Juries by whom they hal
been tried, and of other circumstances connected with their cases,
it was not his intention, as far as he was concerned, to carry the
law in its full extent into execution; but if his Illajuty
should be advised to listen to his (Mr. Justice Park's) recommen-
dation to spare the lives of the prisoners, sonic of them must
expect to be sent out of the country. His Lordship then di-
rected that judgment of death should be recorded against all the
prisoners.
Michael Tomlinson, Alice Grimshaw, Phoebe Tomlinson, and
Johannah Oldham, who were convicted of having riotously as-
sembled, with intent to destroy the machinery, &c. of power-
loom mills, were sentenced to be imprisoned for twelve months
in the House of Correction at Preston, there to be kept to hard
labour.

CIVIL SIDE.
[Before Mr. Baron Hu LLOC K. ]
BELL V. MEGIIAW.

Mr. Sergeant Cuoss stated that the plaintiff in this ease Fought
to recover the sum of 701. which he had paid to the defendant for a
horse, that turned out to be unsound. It was rather a singular fact
in the case, that the plaintiff who had been deceived was a horse.
dealer, and defendant a tailor. The defendant resided in Liver.
pool, and had been in the habit of keeping five horses and three
grooms. The horse in question had been sold to the plaintiff in
January 1825 for 70!., and its unsound state having been discovered,
it had (on the refusal of the defendant to take it back) been sold by
auction for 301.
The facts above stated were proved in evidence, and the unsound
state of the horse deposed to by three veterinary surgeons, who had
seen the horse both before and after the sale. One of them also
swore that he had heard Mr. Megraw say that he had sold the horse
sound. . .

The defence was, that no warranty had been given with the hors',
and a servant of the defendant's was called, who swore, that al-
though the horse had been four months under the care of a veteri-
nary surgeon, be had nevtr seen hint lame.
.Me. Baron H v t.t.oc ii. told the Jury that the case was one which
admitted but of little doubt. The unsoundness of the horse had
been clearly proved, and the only question to be ascertained was as
to the warranty. Upon that point one witness had sworn that the
defendant had admitted having sold the horse as a sound one, and
that evidence bad not been tontradicterl.
The Jury found a verdict for the plaintiff—Damages 701.
The assizes terminated this evening.

nat.—Yesterday afternoon a fire broke out in the attic
story of No. 40, Thuglay-street, near the Foundling Hos-
pital, which fur some time threatened destruction to the
whole house, but, by the speedy arrival of the engines, it
was fortunately extinguished, though not before the tie-
! per part of tite house was considerably damaged. The
fire originated by some persons fumigating the min with
brimstone, for the purpose of destroying bugs.
The late destructive fire at Over, near Cambridge, eon-
sinned property, since estimated, to the amount of 12,000/.,
of which only about 2,3001. was insured, including 200/.
upon farming stock. Mr. Hallack, a very respectable in-
habitant of Cambridge, has given it as his opinion that the
tire was occasioned by a fire balloon, which he saw the
same evening going in that direction ; this gentleman has
promised to give some further particulars next week. 110.
wards of 401. has been collected for the relief of the dis-
tressed cottagera, whose little all was destroyed on this
occasion, and the Rev. Algernon Peyton, Rector of Dod-
dington, has directed 131. to be distributed to them in
I blankets.

LA it IsTELLIGE.vcs.

COURT OF CHANCCRY, nrsoAY, AO). 22.

_
arm:rota z. attrThes.
In this ease application had been made on behalf of the plaintiff'
to amend his bill, but the Court required the ?Ants on which the/
amendments were prop std to be made to be specifically stated
The Junior Counsel accordingly this morning suited to his Lord
ship what the points were on which it was inttnded to amend.
After some discussion as to the necessity of the amendments,

The LORD CHAYCELI-r•R said this was a sety distressiness4
to hunt, but that there were some peculiar circumstances which led
him to be exceedingly anxious to know what were the new charges
intended to be introduced into the plaintitra bi.l. It happened
unfortunately that he mistook his own authority when he declined
determining the rights of these parties Upon the agreement ranch
they haul entered into. Ile Ln tnn difficulty in saying, that he wills
extremely jealous now in admitting to be introduced into the bill
facts which had been represented by himself as material. which had
not been in the bill before. It was in order to learn what were the
points intended to be introduced that he had requested the other
day the papers to be delivered to him. The Mutation as to MS
right of diggi ig gravel must be disprsed of on f hursday. The
injunction went to restrain the defendant from digging brick earth
and gravel. There was no &trial of the defendant's right to dig
brick earth for the purposes of building, but it was stated on the
other side that the defendant was removing such earth from the
premises, and selling it.
111 r. PEPV3 said the defrndant denied that it was for the purpose
of selling it that it was renimTil. It was in order to avoid making
a mountain of it on the premises.
The LORD C ItANC i. 1.0 rt—Then conies another question, )Jr,
Pepys, whether you are at liberty to make a mountain of it The
plaintiff toys you sire not.
The case is tube mentioned again on Thursday.
EE-PARTS 111.AKE.

11Ir. Seine or movediUrsittlittlMlTetion To restrain a person front
proceeding wi h an action in the Lord 3layor's Court, under these
circumstances:—Major rikke had been resident many years in On
Cape of Good Hope, and had contracted dents there. On his ar-
ri►al in Engla:dl lie was de•irtnta of sending some money to the
Cape for the pttrpose of paying Its creditors Itls. in the pound, and
lie intrusted the money in the hands of a Alf. Nesbitt, who bad
undertaken to apply it as intended. But instead of being per-
mitted to do so, one of the creditors of 3laior Wake, who was re-
siding in England, had caused the money •o be attached according
to the custom IS the city of London. the effect of which would by
to give that creditor an undue Advantage over the rest.
The Lout) CHA NC EL LO When was the attachment made?

,Ir. Sataaor said it appeared to have been made some time
ago.
The Lonn CHANCELLOR—Why was not the injunction ap•
pliA for before?
3lr. Sat RUDE believed n negotiation had taken place between the
parties, which caused the dchy.
The Loan CHANC Lon t<nid he must have that fact stated
upon affidavit: as it might turn out that the injunction now moved
for at the end of the Term, when the other side would have nu op.
nortunity to imply to the Court for its removal, might as well have
been applied for six weeks ago.

• EE•PARTE LORD FOLEY.

Mr. SKIRROF applied ti.r an injunction to restrain a person, who
had become a purchaser of some timber on Lord Foley's estaira.
front cutting and car.yi.ig away the same, er from selling such
parts as had already been carried away, until he had given security
for payment of the purchase money, according to agreement—.
Granted.

COMMISSION OF BANKRUPTCY.
Mr. MosTAG r presented a petition on behalf of the asst.
nees of a banker residing in Cornwall, who had been made a bank-
rupt. The commission was directed to London Commissioners,
and was disputed as * concerted commission by the country cre-
ditors, who were dziirous of having a country commission towed ;
but as the London debts of the bankrupt amounted to 9,00 W. while
hi, country creditors were only four in number, whose claims
amounted but to 4001. it was the wish of the majority of the ere.
dimes that the commission should be worked in town the prayer
of the petition therefore was, that the assignees should be at liberty
to issue another conituisaion pending the litigation of the validity of
the ',repent, the state of the bankrupt's property making it desirable
that the proceedings under the commission should not be stayed, till
the application row before the Vice-Chancellor for superseding it
had been disposed of.
Mr. lIART said he had not taken a brief to oppose this appli-
ition, because he conceived it to he quite an irregular one. Tne
facts were, that the petitioning creditor's debt had been decided as
instiffi,zient to sustain the commission ; and it was clearly ascer-
t tined to have been altogether a concerted commission. The coun-
try creditors thought that as the bankrupt lived in Cornwall,they were
more likely to obtain a correct Lament from the bankrupt as to
his property, thin could be done by London Commissioners • and
lie now therefore asked his Lordship to allow the creditor wh'o had
detected the invalidity of this commission to have the preference
in issuing another, and that that might be a country one.
The LORD CDANCEI.I.OR thought• as proceedings had been
taken already before die L indon Commissioner, it would be mor
convenient that a stew commission should be also directed to them t
but be was of opinion that Mr. Hart's client was entitled to strike
the docket.

Mr. HART WAq anxious that it should be a country commission.
both as it would save expense, and also as, by the torture of a
country commission, a fuller and more satisfactory statement would
be extracted from ti,e bankrupt as to his property.
The Lotto CHANCELLOR—As far as my experience goes, I
think the bankrupts are much more tortured by London Commis-
sioners than country ones.
Mr. Mort ton had had some experience in Cornwall commis-
sions, and the torture which they inflicted was of the most pleasant
kind imaginable.
The LORD CristecELLon—There is certainly quite a diTere;t
law of bankruptcy in that part of the world to shut there is here.

CONST V. HARRIS

Mr. RUSSELL applied to hisl.or.l;hip on behalf of Messrs.
Forbes, "%Willett, and Kemble, to have the order which had been
made in this cause. as to the payment of money into I:ourt, so far
altered that it might be without prejudice to any claim they might
have to any sum beyond the 10.000/.
The LORD CHANCELLOR said this must be the subject of a
special motion. It wss so direct an altering the form of the order.
that no sooner should he have made it (were he to make it), than he
should have an application for its discharge, as being quite irregu-
lar. He, however, did not think the order, as it stood, would pre-
judice the parties much. Ilk object in making it was to enforce
obedience to the principles of the Court, nut meaning thereby to
prevent the panics from making a just application to the Court.