The National Register.
London, England, 1818-08-03 00:00:00

II EL V. PRITCII t It.

This was an application to dissolve an injunction which had
been obtailied, restraining the defendant from publishing eel—
tam letters of a confidential nature, which be had received
front the plaintiff, his step•u:nther.--The case was us fol-
lows :—W. Carew, whir had taken the name of Gee, in cut,.
fortuity to the conditions by which he became entitled to it
large property, had no iiisue by his wile, Anise, the plaintiff,
but was tile lather of a natural child, W . Pritchard, the pre-
sent defteidanr, whom, when he WKS 11 vein s old, be hi ought
home to lleddington, the place of his residence, in Surrey,
where liewas received and regarded with the inmost kind.
ness and tenderloin by Mrs. Gee, as well as by hit father,
who placed him first at an eminent school irethe neighbour.
hood. From that school he was sent to St.. John's College,
Cambridge, where lie was entered turst as a pensioner, but
afterwards as a fellow commoner, coming home during the
vacations, and being always treated as if he were a legiti.
mate child, not only by his father, but Mrs. Gee, whom lie
as accustomed to call his mother.—During the time of lois
being at College, and afterwards, until the death of his father.
a correspondence was kept up between IlLe plaintiff and
defendant, of a most tender, kind, and confidential nature.—
lint in April 1816, the father, Wm. Gee, died, having by will
made a dispositiouar his property in the manner following :
To W. Pritchard, the present defendant, he left 40001. and the
interest of6oool. du. ing his life, while the residue was to go
to his children,• Mr. Pi whin ,1 having been married ir. 1.510.
To Mrs. Beebe left the interest of 17,0001. during her life,
directing that the principal. unless by will or deed, she !should
otherwistidispose air, should go to Pritchard and his family.
Shortly after his father's death, a great change, according to
the defendant, took place it: the behaviour and deportment
of the plaintiff towards hint, for instead of tin, former kind•
ness that she hail shewn for hint, lie was treate:t with slight,
aversion, obloquy, and.cantoript. That feinit the manner in
which he had always been regarded by his father, hr was'
naturally led to entertain the expectation of being pointed
for by him in the most ample measure, an expectation which
the apparent concurrence of Mrs. Gar was calculated to cue.
fine, and whieJthe had not • scrupled to signify to his ti iends
and acquaintance, all of whom. by the subsequent conduct
awl trpresentation of the .plainittf, who was actuated by se
m•eitinent and malevolence, were led to entertain doubts of
the defendant's veracity and honour, to clear which, lie found
it necessary to take measures fur leaving the correspoudcuce
which passed between the plaintiff and himself, printed and
distributed, not by saleor publicly, but among Ins friends-and •
dell nainlanCt•6.
toe part of tire 'dental it was denied that any Ernie,
of mallec had iilluelired her; on the contrary, at ga.a tare
mu If pain to relleiet that the miscondiset of the defeisd•.l,l
had forced her to chasigis leer manners towards him. it was
out true that tithes her late iiiisbaitil or herself hail ruts
es-
Cutetl any higher expectations of inheritauve in the defendant
thin fits lather's will li.td extended to; that so tar from tier
r. t.t..rdi. being unmediaiely alienated from she
:ss lather's death, sac hail subsequently, by her nacre's and
exi•i ions, taut:tiled for him a living, Ine cretin y of Wilma',
out li upwards of 4aol. a year; sliha she had inrtlks
1111114 sum of molicy, to 4,5001. ahem rds dud
other sums. lie was not, however. so to be sit is!ied.
wautrd to hat e the ititcrest on the I "I,OO'N. made user to film

Ate,.:.

and becalm., dle plaintif vi mild not comply wi: that demand,
lie thieeicited her Huh the putilo alien of the kiwis in ques-
lion. ,Upon hearing of his puipii,e she atiolied to nut to de.
sist ; hat it only would consent to do SO out condition of re-
ceiving tlir interest of the 17,0001. although, as the plaintil
could prove by 311 conciliatory and penitential leiter which she
had received from Win, he had returned to her in a parcel all
her letters' " because," as lie expressed himself, " he felt
himself to be tenwortny of the sentiments they conic ined."----
But having done this., and secretly taken•copiee of the letters,
lie pet an advertisement into the papers, setting forth that
there was their in the cress, and speedily to be published, by
W. Antic POI), bookseller, l'iceadiliy, a book, entitled
" The Adopted Son, or, Twenty Years at ilerldine Oil ; with
the Nlemoirs of a Clergyman, written by himself, and inlet.
spersed with Ancedutesolitc." It was to pieyerit the publica-
tion of that book, that an injunction, for the seasons stetter,
had been granted by the Court, and to dissolse that injunction
was the object of the present application.
It was argued, inriivour of the application. that the letters
were the property of the person who had Iveeived them, and
who was not bound, by any rule of lass or equity, to keep
them secreted. That letters between ft rends weie not be
con.illeicil as Wall is usually called litciery.priipei is ; but ;is
the ob:cet of the defendant, as stated in his ethilas it, nas to
clear his reputation, and justify his clienteles., he was, in
c iiiiii 11011i11•; ice, entitled to prilthsli them-fn,
The ease of !'eleesal and Phipps was cited as being acids.
g us, 1,, whieti the present Master of the Bolls refused the
application made by Lady Pereryal to restrain Air. Phipps
1 publishing letters on a :round similar to Wet on which
the injunction in this case had been granted. tNu the other
hand. it was•contended, that the property Aaa rather in the
seiner than with the•reeeiyer of letteis, as it had been decid-
ed by Lord Mai astir Le, ru the case ofd'opr and Curl, and by
Lord Bathurst, in the ease it Lord Chesterfield's letters.—As
to the sitpposi d analo.ty u, tho case of Pei eeval aiiil Phipps.
i a application was ilci,ied, inasmuch as that it was pros cd
there in Cum I that Lady Perri:sal herself had comiteilancesl
the ;•iiblicatiust, which <die afternai do wanted to restrain.—
'fliat it was plain the object of the defendant was not to clear
his chat:len:l Lint to indulge resentment at the plaintiff's re-
fusal to With his mireasouable and insatitilde d, mauls.
awl that tits was lutist clearly Sat'll a cue as called fur the
protection or tli.• Court.

COURT OF gr.QUE4Ts, SOUTIIIVARK,JvcvIS.
%. surros

The defendant in this ease aa► ed fur the sum or
ii. bs. the sum paid far a gold ring set walls pearls. The
plaialiff i, shopiiimi to an eminent litiendraper, and pays hitt
aili:ressev to a young lady, sell,/ .holds a situation of equal
importance in the establislimeet of a fashionable milliner and
stress maker, in addition to which they are each of them vo-
taries of the Minna, and occasionally fret and quit their
hour upon the stage at a pH vete theatre in the neighbour-
;loud of Bank:dile. .From the statement not• muds• ny the
plaiiitiff, it appeared, that he having midi rtaken to play
Antoa;a in the Aferchwal Vettiee, whilst his lady was to sup-
port the climacter of I•artia, he determined on taking dins
opportunity of presenting tier with a kaudsoitie rink;, uu
opportunity which. one of the sit nations of the pli:y affurded
him. Being vet y .bitiscate with the defendant, who iv
working jeweller, lie mentioned to him his wish to have such
a trinket, and his friend immediately volunteered his ser-
vices to proem... him one di prime cost. The ring in question
was acciirdingly provided, and 11. es. the price demanded,
was paithfor it. The lover waited with impatience the as rival
of the period when he should have the &wpm minty of early.
ing his gallant inteetiou into erect. it at its ad, mai the
proudest moment of his lite was that in which he placed the
giittrring lsauble on the timer of his beloved. The lady,
; dof the•lrophy, next day exhibited it to her acqn.iiir mice,
wile ' to het great mot itheation,.and to !he still g.ientcr of Ill•:
pleintilf, to whom she communicated the inthrimitimi ,lie lie l
gained, she learnt that,insteiel of real pearl and stet hug ore,
the trinket was composed of beads of the commonest de-
scription, set in a metal almost valueless, called jeweller:.
gold. 'flue plaintiff its inediatriy applied to the defendant,
remonstrated with him on hie conduct, and demanded his
money heels. ltemonstrence and demand were equally di,.
regarded, and the plaintiff had been obliged to adopt the
present course to obtain justice.
'Several jewellers were examined, win stated that the ring
was of the movt paltry 'lest!' iption ; the material and work-
manship together not being worth ss.
The defendant contended, that the ring was as good as
things of this description ustiaily acre. He ulrierved it
was a fashionable article, and 'tropic insist expect to pay tier
fashion ; and further added, that with the large stock which
jewellers were obliged to keep on hand, unites they get a
mcderatetq good peitit, they would not he able to live at all.
The Commissioners decided, that the defendant should
return the full sum of 11. bs. and pity all costs of suit. Oes
doing this, the fashionable article was it:slimed to him.

LIST OF Tut.: SIXTEEN SCOTCH PEERS.
Elected July 24, IblB.
Dirke of Roxb. rgh 481 Viscount Arfruthnot.......4s
Marquis of Quecnsiierry 34 Lord Forbes 5l
11arquis of l'weedale 3ti Lord rialtour 35
Masquis of Lothian 37 Lord Gray Si
Earl of Errut. 56 Lord Sinehui,
Earl A Kellie I ord
Earlof Balearras c,t Lord Napiei 51'
Eari qf Earl of 36 •
The t'eers in Italics arc New Peers.
PEERS NOT IIETUItNED.
Earl of Caithness I
Earl of Selkirk Earl of Glasgow j
I Earl of Dalhousie° Earl of Aboynct Earl of Aberdeen.
L • A Peer of toe United Kingdom (Lord Dalhousie.
t A Peer of the United Kingdom (Lord Melchum.)
j A Peer of the United Kingdom (Lord Roo:).

DARING ROBBERY AT WATLRLoo EintimE. The Ire!.
low ina daring robbery %%44 committed between tau and thrc'
o'cirmk ina Friday selinight : Moor Moose aas sitting in
thr toiktionse on the Surrey stile of Waterloo idge (as is
customary all night for the purpose of receiving the toll%,
when two men, with black crape over their tilees, rushed
and seism.: loin by his arms and legs:, held hint down, while
they rilled lits pociselsot IL Es, flue or them stood over hilt ,
threatening to pot au end to his existenve, !r hr made any
Raise, while the oilier took out of a dr•,wer 71. Althishouse
heard a third peewit ou tittoitt•iide t,f the toil house,. dossing
Ihv time *helms men were ploinkring the inside,lowlioni insert(
them conveyed the proveri), and rails, which
%a• kept in the toll.house tor the purpose or suunnno,patt the
p.itrol upon an emergency. The thieves I'.lll On, alter rise
robbery, down Ilie >,ep. on the left 11.1111 Id the 1441"
house, and crus,e4l the .tone-field, dud thcic iiriug ou aateb..
man or patrol stationed their!, they eNeapi it. The rattle
was rutted as ruou as it was light eue of
-the bridge-palrUl.

A TTC.; 3

COUNTY A.S.IIZES.

ESSEX.
pHrtpoT V. MORTLOCk AND OTHERS.

This important case was tried at the last Assizes for this
comity, I efore acr. Baron Wood, when a verdict was found
fir the plaintiff, with damages, to the amountof 1,2031. but a
stew trial waa granted.
The declaration stated, that the defendant Mortlock, had
maliciously, anti without any reasonable or probable cause,
made an affidavit before one of the Barons of the Excheriner,
that he and his partners were &blots to the King, andthut the
pi iitiliti was indebted to theta in the sum of daft. with law•
tit' interest; that the plaintiff was In failing circumstances;
that unless some extraordinary measure was adopted to compel
stir parineot of the said money, they would lie the less able to
satisfy the Kitte's debt. 'float in consequenee of this. affidavit,
they aped out a writ directed to the Sheriff of Essex, by which
pi, was directed to take the plitintifl's body, and to .disttaits
1..; lands nod aootk:Fliot the Sheriff did execute the said writ,
be reason whereof the plaintiff was put to a great deal of
i:iconvenience, suffered much in his credit, twit was greatly
iajai ed in his eircnntscances. The defendant pleaded not
guilty.
Mr. Gurney said, the plaintiff resided at Thaxted, was a
firmer tort maltster; and had a wife and eight children. He
had farinerlv been iu set y respectable circumstances, and
zaaintained Ins family with credit and comfort; but in conse-
si leiter of the conduct of the defendants, instead of being
t
what he had been, he aas now a ruined Mall his business
nester)) ed, and himself and kis fetidly I tuned out of house
and home; and for the last two years and upwards, had been
auableto do any thing tor the maintaiumee of theta. The
defeudatita, Messrs. Murdock, were banke•s at Cansbrithe,
and at Bishop's Stertford, and Receiver General of Ins Ma-
jesty's Mae* for the county of Cambridge, for the due dis.
chatge of which office, they gave vecurity to the Crown,
ti: the ainotott of 0,0391. Of the legality of the extents iu
aal, he, (Mr.o.) did not mean to complain hot it became a
riatter of very serious consideration with the Legislature,
ashether a contitey banker, mating the anomalous character
of banker, and receiver of the King's taxes, should any
longer be permitted to sue out the King's prerogative pro-
eess. The plaintiff bad banked with the defendants,and in
Cie year 18[3, he hail overdrawn Ilis acconnt, and became
t st-ir debtor to the amount of about six or 7001. end they a cre
s;•-.frees of some seem ity for their debt. The defendant,
Nell kite.. the eiremustancesoftlietimes; they knew the depre-
ciation of agticultmal property, and they knew that at that
tun it ..as impossible for a man, howeversolvent he might be
its MY eirCIIIIISMIMV,, to make his property available-to satisfy
pi esent demands. The plaintiff at that time had consider-
able property ; he carried on a very extensive business as
fat tot r and maltster,' and he had landed estates, upon which
taxes was then a small mortgage of 3001. In couseqeettee of
an application made by the .lefendants to the plaintiff, he
sine.' an agreement, whereby he undertook to give them a
bond and mortgage, to secure their debt, upon his landed and
other property. Aesarialingly, oti the 16th of March, 1815, a
promissory cote was signed to that effect. The agreement
was for a bowl and mortgage, and Do more. After the exe-
cution of the agreement, the plaintiff's attorney prepared an
abstract of the title to the real property, which was sent to
the defendant's attorney, to enable hint to complete the bond
and mot tgage. In this state matters remained till the 6th of
Atignst billowing, when the securities being prepared, the
ii.trtitis and their anomie* met together, for the purpose of
haste.; them executed. Mr. Mortloek did not himself attend,
but he appeared by his attorney. On that occasion, the
latter produced a warrant of attorney, which the plaintiff was
called upon to execute as a fluffier security for the debt,
although that had not been stipulated for in the agreement
tittered into nt March. However, the plaintiff did nut hesitate
to execute all three securities, uatnely, the bond, mortgage,
and warrant of attorney. These instilment& listing been
thus executed, the plaintiff very naturally demanded his pro-
missory note back again. It was not, however, then forth-
coming, but it was peoinised to be deliver.' up by Mr. Mort-
lake's agent, Mr. Howard, in eight or ten days • but it never
Wag given up. In the month of March 1817, the plaintiff was
occupied in pi eparing Ins farm for seeding, confident that lie
was pertectly secure from any pecuniary embarrassment in
consequence of the triple securities lie had given, smite of
Itich could be pot in force before a certain time, alien he
stonid be in a condition to pay off the mortgage, and get rid of
his liability to the defendants. But an officer came dna aof a
sudden from London, with an extent from the Crow,., at the
suit of Messrs. Mortloek, founded upon the very promissory
note which they had positively promised to deliver up, The
plaintiff, with that spirit which heroine as honest man, deter
mined not to lie crnsltril so easily, and therefere resisted the
. \tent in the Corm of Eavitrapter ; and in the result, the
arty fintid a verdiet against them, thereby negativing tit
esislettee of any debt on which it could be founded. It
r;glit !rive been expected that after the verdict in the Cot,,
.uf Earlierpter, the defendants would have immediately aith
draw ti the cxteut. Bat no, the officer remained in possession
until Hie warrant of attorney became due, and en that day the
extent w. 1,4 withdrawn, hut the warrant of attorney was
pat in mice. The plandiff's furniture and all his property
Isere sold off; himself and his family turned homeless and
penn)less into the streets, to endure all the horrors of famine
am" want, nail exposed to the inclemency of the seissuoi.
Happily, throngh tyr. humanity and kindness of neighlom rs,
toe child's:l, were taken in mid prevented from pet ishang for
want.
Several a i messes proved the facts of the ease, and the in.
jury the plaintiff had received in his business through the con.
••-• of the (Wesel-ants, mail the Jury found a verdict for the
:at:vitt:— Damages IBM
'the if nuouneeinent the verdict pro non need an involiat-
t:i.l- Moat of apieLlase from many of the anditot he ft s.
saes for this comity ended.