The National Register.
London, England, 1822-04-15 00:00:00

ARNOLD r. MORRIS.

Mr. Parke said,;l;Witt.lion;4sbiollal:t by the plaintiff,
a w.he and spit it inert bant, to recover 13t3i. the ao,unot
ot a bill of aaebange given by the plaintiff for the et• 0111.
101 l of the defendant, w iu had become
It appeared in the conrse of the vial, t!!at the debt had
al IS elt cut ot a CAM bliirg transaction in the tnnds ; and,
under all the circumstances, the iff tsar tionattlted.
TIMRSIThIr APHIL 11.
8111.1. ER v. •ARONS. . .

This WAS an action brought by the assignees of Benjamin,
rilairuits' and Gat laud, bankrupts, against Lew is /barons,in
recover 4,1441. being the prot•ectle of a quantity of cotton
which belonged to the bankrupt, nail which had been de.
livered up to the defendant under the following circumstan-
ces u— It appeared, that prior to November, two of
the friii.kropts, Alagoas and Gal land, had COMA:Wed acts of
bankruptcy, and by the operation of the law the property
Rats vetted in the partner who had not committed tin act of
bankruptcy, ur in the aw;gth•es of all. At the time of She
del. very of these goods, namely, the 14th of November,
1813, by Garland, the ;tropes y aus Hot in Alagnus and Gar-
land, hut Beajussiiii, v 5114.1 was absent from England, at
Gibraltar. Them is ao act of Parliament, introduced by Sir
b. !tonally, wDa ii says, if it commissivis of bankruptcy does
not issee within three months alter the delitery ur goods to
a credit ir, it renders all the transactions valid, and if the
act had stopped the, e, the defendant would have arca en-
titled to the Kook ; hot there is u proviso, that the person
to whom the goods are delivered nant nut have Louv know.
ledge of a prior act of bankruptcy or iitrlvency. If he has
knowledge uf the same, he loses all the heiwtit of the statute.
The quiation therelnre in this case %NS, hillier ur liot, on
Bus IVtli ut November:llll3, I.cnis Aaron* knew that Gar.
Enid and Magnus had committed arts uf bankruptcy ? and
as helher he knew the boine had stopped pay fluent, us bad
bt come insolvent? 'the snout of the, parties tieing In a vale
of involveney was made out, but that nes not sufficient to
ttrprive the defendant of the Foods, inlets the Jury were
c hay laced the defendant knew the bankrupts were insolvent.
The evidence 'Ton that puint proved, that io Fes ruury and
April, Iblll, Messrs. Spouner and Co. isvued process again.,
the putties upon diAlosonirecl to the aniount of
Bestprinin and Garland were at rested. Ate of the pe
who hvirotritt ariticuiu and Garland, was the delen
eau! Aarons,'filltrthe inference was, .that lie must !sore been
an are of the iiisolseut ciicasuatances.

Mr. Mnroatt stddiesscd the Ju:y for the defendant, and
estmtntd (Leland and Magma hi soppott of his statement.
The Lordt hielJustier)3 id, if the Jury ui he tsidocce
ictle of e;Oloots. Aaiun hoes., on the 12.11 of Ziosember,
'h:l 11';1 .413". et E".ll",,int Msitus, and Garland,
.te such n Male tool flies t uulA um ithoot 04.4.
lo•y•orot., ii. the ecliimwm of Iposoesho, we) otsAlti to
tio.l A tvtiti. for the plhintlr% 10, 4011 Vie Clir trZ rY. they
„WWI,: to belie,* Hutt the de'eorthet t.:,ruent ulessi 101-
Yip( irrBi:::t stiothf to he for Ow dercolloot,
Toe J :tishut the Last hesitation. taitha a verd;ct fa.

THE NATIONAL

the Dentitges 4,1441. Uhl enmsuceupied needy
the w huie of the day.
WHIMSY. APRIL 12,
KINGSFORD i. HOPS.

This was nn PCII,III ny the assignees of Tlinma+llnpe,
against George !lope, his brother. to recover the value of a
vessel which flits transferred from Thorn:is to George; also
a bill of exchange, and 200 quintets, of oats and beans. All
this property was claimed on the ground that the bankrupt
had ii,tven bis brat oar o fatiferrnee to the injury of the tither
creditors. They tillrged that the different articles whit h
they bought to recover Isere delivered by Thomas Ott the
defendant. George !lope, at a time alum lie was in decayed
circumstances, Roil iii contemplation of haahruptcy. The
question consequently a as, Wle•t her the twit-leis a Welt pa,sed
from Thomas to (hiorge acoc delivered with a view at re-
leadng the bankrupt limn CI gugeolents to his brother, to tile
injury of Cie general creditors? The evidence a ith respect
to the transfer of the slop oat this:—'flue bankrupt applied
to his brother for an lOW:Mee of money. The defendant re-
fused, ait heat he ucreis,dstcnrity,and the ship in question
was conveyed to him. Ile thou am/aimed 31)01. and took op
a bill of exchaw4e. A question urei,e npun the conveyance
of t ler ship. It ans commuted that due euquit y had not been
made respecting the registry, and that tit., defect made the
propel ty vest ht ilie essimiees.
The Jury, upon cousidration of the evidence, found a ver-
dict for the assignees tot SS3I.
Another came, in a hick the same parties were 11110;tnnts,
stns alt, tried. 'rho question wits, a limiter the defendant
vrd., entitled to 'hold I quartets of oats sol.l by the hark-
rapt to his broths ? The verdict was for the ass'gcees.

;agog Sntrltignre.
CLOUCI.STER.
Defers Mr. Damp. GA ti vow and a Special Jury.
KING V cit.inicit.

Mr. Ludlow stated, that rite ceelaration complained of a
breach of promise of mart Mee, and that the defendant bud
',tended the general is,ue.
els. Jervis addressed the Jilt y on behalf of the plaintiff
—They had, lie said, he: rd the nature of the action a bit
they were n to try, iota which was brought to recover
tlainngee tor one of tee fleet cruel iejaries which could be
tellteted on the sea. 11e %%teed, howesere restrain his feel.
ices and state to them the feet:, which would be proud in
es ideitee, with all the eimplieite in his power. Alas Mary
Ann King, the plaintiff, elle itow that> -t wit years of age,
but was tally tee:ay-sic when the disaitroue vela-islets com-
menced. tine was the daughter of a ain't ieseectuble man-
ho obtained his livelihood by the management of a large
factory at a salary of lithe trete than ble. a et or. Mr.
let:tete, the dee:mime, cow 39 yews uF air, MO who was
12 w hen he beertit to address Use plaintiff, a as ti gcittlem.w
or considerable fortune, and of la‘cinutittg maitners, 'Nil() had
served as a Lieutenant in the Gloucestershire militia. At-
tracted, no doubt by the beauty of Miss Kite:, alto moved
iti an inferior station of life to his nen, attd a hu then was
ruccersfully attempting to add to the scanty income of her
fat her, by her exert ions as a fancy-dress-maker, he eat ly •
111., began to eisit her, and to pay her marked atteutions.—
Her father, solicitous Welk welfatc of his child, thought it
necessary to demand of Mr. Cluruce the meaning of his visits.
road this& gentleman promised to satisfy him with till the ap-
parent freuktiess and honour of a soldier. On the invitation
of the defendant, they walked together to MI inn, culled the
Old Hell, where Mr. Chance exclaimed," What can I .ay
or is hat inure ran 1 possibly do, more than I have done, to
(sour jeer you of my h)))) our May my hand drop teem my
bode, may tattene cleave to the 'Hui of my month, if ever 1
dece tie you or your daughter; and rte one but she shall ever
call me Itiabautl." Three expressions were strong, but they
werchlvlu itul, for they time taken in no smell degree from
sacred writ. AG. Kane, noxious that the defendasit should
not rashly pledge himself, iemaaJed him that bis daueliter
euld have no toriutie ; to e etch Mr. Chance replied, "
desire no fortune but your datteliter—that is all I desire."—
Mr. King then obeeried, thut he had a mother and relatives
a ho probably a told disapprove of Me connexion ; to weich
he untie ered, " 1 am nut a boy, surely I taw old eitoogli to
choose for myeelf. No : neither mother, nor aunt, uuel.,
our any other shall multi: a choice for case; 1 have made may
choke and try that 1 will abide." But even on the dust iart
promise lie (Mr. Jervis) netted not rely; he wooed read ci-
ii acts from a series of let tees addressed 10 the durimi
the whale of the protracted courtship, which were full of the
stiosigtel and tendertet expressions of love. 'el, cling
these, lie lied endeavoured as far as porsible to avoid Wound-
ing the leelings of the tletentlent, for he stood in that court
rest to gentles the curiosity of an exeertaitt audience, hut to
obtain redress for unmet ited starlings. here the learned
reword read extracts wont the haters ot the defendant, (coin
August, 1915 to 1819, a Welt exprteesed the warmest anecdote
and while they lain, uteri circuurstnnere which did out pet-
, mit an immediate marriage, ealrorted Miss King to sustain
her spines in the full assurauce that a lime would come is lieu
their mutw,l wishes would be completed. But in 1819,
(continued elm Jetta) his love began to decline. lu that
year the plebe di lout her mother, uu which occasion the de-
tentlititt addressed to her a very common-pi:tee letter, fur
dillerent from' teat %hid, site might have expected from him
un um event a hid. lett her half an orphan. In the February
after he wrote to her, itainieterg Out he had no prospect d
marriage, and could nut think of brieeiug ton her penury and
ti late bediress ; but, toerie honour, in :illusion to her fears
lest her repu at. .hould setter frum the breaking off of so
long an intimacy, declared that her character was unim.
peucheble, aud omit he would maintain her innocence N ith
his lite. " Never," said he, " did I witness any thing fruit,
you In woid or deed w hich could raise it blush in the most
ttttt oceut cheek," WWII, however, would the Jury
when they heard, that in May, Itieo, after mote than five
years courtship, lie paid her a visit to iitforin her that lie had
mimed un ateichtitent to another lady named At aria Eva us,
to ask her consent to his marriege, and to demand his lead,
Iry t her heeds. Ou receiving this Clllt-I intiniumee she
fainted, and fell into violent to 'aeries. tier hither, reel; [r-
ing tunue from his tieile occupatiou, rushed into the room,
stud sup orient; 1011:4 arms his child, doubly endeared to him
by the lose of his wh'e, rued by her own tonere s, asked the
defendaut " is hat this could menu?' Mr. Chance replied,
"Ask 04.tret" but she was. unatee at tint to speak...—. My I
dear t hthl," said Ler, father, "sprat to me; abut is the
matte( ? " Ott father," said she, " it will be the death of
me," again hiltatel. be' ben the reeevered, she exelaaned, '
" Mr. Citence k Come here to tell me himself that he has
for flied a sineeer cone. !too a ith runner for some time, am]
to esk tile curseet in #1..1 ;noire ing her, and insists nit having
his letter." Mr. Kate thee Joked toe defeudeut hew be I
could teitik efbtenlirr nil a reemeeidsi whien had holed so
artg, stud sit:tut:tided if he eemeireastd the premise made to I

I him nt the km T " I don't know that I do. evls'llYs" was
his ;answer. Ilis own remarkable expression.s were then
repeated to him; hat he only mid, "I do not know if it was
exactly that." After some time he begted Mr King to in
to his &outlier at Ulev, and to tell her lie tsotild never leave
his daughter. Mr. King aceordingly went ; wet it was to lie
feared that this was only an expedient to pi tiCUre his lbsence;
fur after he was gene Mr. Chance was nverheard demanding
his letters of the scat cely cutacious woman, and Ow/n(4411
to break open every lock in the house if they were not given
to him. Mr, King retioned, idler seeing the defendant's
maths r, and informed Mr. Chance that she had refused to
hear him no the subject, as her son had farmed a connexion
with smother lady. Shortly after Cie defendant kit the
house, and re:netted no more. 1n is few days he wrote a
note in the coldest terms, again deutandieg his letters, told
oill ring to retui n those ul the is ha l: lie rept esented
as disinterested conduct, best cal. elated ai secure tiietr
mutual happitem. On the Viii of March, I'M, his mot her
all oast ac.es of Iris imam it died, and with her stated
King, for he came Into the pip:sessioti of it consitlet able for-
tune. Ire never, however, redeemed his pledt.es, so often
and so solemniy repeated but on the Illst of January last
put it fur ever out of his poser to do the plotionl. jut" ice,
by marrying Miss Maria Evans. No attempt %oald tie now
made to cosi a shade over the r tin racier of the plaintiff—he
knew better the delicacy of Mr. Pullet's mold a but of this
he was sure, that if all her conduct were subjected to the
sesertst scrutiey, and all her letters exposed to the world,
nothing a sold he found a hick, in the ward, of the rl-fentlitut,
" could mote a blush on the most initocent cheek." In esti.
mu: lig the amount of the damages, t het e acre et Inv cir-
cumstances which they would consider. They a mail te-
member the age of the port es: the defendant of mature
years and compel.. nt to decide for htinser; the plaintif at
that period of life IA lied a protracted court,hip, followed by
dews lion was en irretrievable iejury. Those six leag years
a' deferred hope, could never be Co own:sated in this world.
That beauty %Inch charmed the defendant laid faded ; grief
had forestalled the ravages of time; for, from tout asuisietit
when he dared to request her conseitt to an milady union with
snottier, her health bad been utterly brokNi. Those eyes
which he had described he the ItallAU tipe of poetry a, of
" heaven's own tint" were dtaaned with a ceiling ; and that
hem t which had beaten out with love fur tii.u, was es•
hatisted for ever. If he did tier the justice to declare that
!here was no other stain on her homier, calumny %mild st ill
be bus.., and insinuate that after St/ long a courts ion, she
was ma forsaken without cause. Whip could desire to
re one alto tool so long lavished her affections, though
Monet-min situ another I The With of love was exhausted,
and there was no Ptomethean heat by which it could be
rekindled. Site had anticipated an elevation in rank ;
participation in the eitioyincats a !licit the fortune of her
lover could supply ; the {dram' e ..r ao alliance a ith a gen-
tleman of a profession is how galoxitry nod honour justly
gave its members p.. culiar ftISCIIIIIIIOIIB in the eyes of the
fair. For the loss of these—for an almost broken heint
for ruined health--for a frame brought to the verge of the
grave, they would give the only balm within their power to
apply—in those ample damages which justice required at
their hands.

John King, the father of the plaintiff, was then sworn,
and examined by Mi. Taunton. He stated the conversa-
tion between the defendant and himself at the beginning
of the counexio», and the interview in which it was bro-
ken off, precisely as they were described by Mr. Jervis.
His daughter wa., lie said, in large business as a dress-
maker, when Mr. Chance first paid Ida addresses; but
since lie had forsaken her, she was incapable of attending
to any thing, and her business had therefore
She was so aliened as to be taillike the person she once
was.---(The witness ads so affected while giving
his evidenee,Miat he was at tittles alienist unable to pro-
ceed.)
Alava Jane Woodward, who was apprenticed to the
plaintiff two months before the connexion was broken 014
eel ruboreted her fattier as to lief-condition at the last visit
of the defendant, and her subsequent illness. She had
slept with her since, and knew that she scarcely obtained
city repose.
Eleanor Harris, the maid servant, overheard Mr. Chance
after Mr. King had gone to his toothier, demanding his
letters, and threatening to break open every door and
-lock in the house it they were not given to him. He said
lie would ask the servant for them. Miss King replied it
would be useless, fur she did w.t know where they were
kept ; and if she did, she would not give them tip to him.
Miss King was in bed en the next day, mail lied never
been well since. Mr. Chance was in the habit of visiting
and walking out wilt her up to that evening.
The letters of the defendant write then proved and
read: though not without some extravagancie,,, they were
feelingly and etegantly written. The death of his mother
in March, 1521, and ins marriage with Miss Evans, were
admitted.

Mr. Morgan deposed, that he rented the patrimonial
estate of the defendant at .:0.11. a year.
On his etoss-exiiininatson by Mr. Campbell, he stated
that Mr. Chance was oriminally a clothier, but had failed
in business, and had afterwards served as a lieutenant its

the South Limmeestershire Militia. After the peace, lie
was entirely depemlent ou his mother fur support, and
was mita far from affluent.
Mr. Puller then addressed the Jnry in mitigation of
damages. He urged that ►he connexion ought never to
have subsisted; that the father onglit to have Collllllllllli.
cated it to the relatives of the defendant ; that the plaintiff
had lost little in a marriage which would have into uduced
her into a family who would have treated her for life with
anger and bitter score; and that the issue vacs Only that
which might have been anticipated as the eesult of a con-
nexion which could only he completed when a mother
was laid in her grave. He was authorised by his client
most unequivocally to declare, that the conduct of the
plaintiff was above all reproach, and that if any calumny
i-ad assailed her, it was totally groundless. Thja, ho
thought, would be a better balm to her wounded feelings
• tem those damages which she, or rather her blends,
ought to recover The defendant was now far from rich,
stud large damages worth! came Ins rein.

Afr.liaron (3a: row recapitulated the chief circumstance*
of the case to the Jury. It had been said, he chastised,
that this connexion ought not to have subsisted. If the
plaintiff had been' en artful woman, older than the defen-
dant, who had taken advantage of his ardour mud inexpe-
rience to entrap him into an engagement, this would be
true; hut such sus not the case before them. His chief
odence, and it we. no light one, consisted In his 1:011 t tttt •
&moo pretend affection to the plaintiff. when he was
actually !haying huts add, esses to another wonia:,. Ile had
tumid her in the bloom of life, and in circuit'. Wirt,' of
!watt!' and cegtfoi t aud I.ad kit bur ...,hatteti;cl, tulles is

and hopeless. lie had not indeed deprived her of the
constionstiess of virtu, for this she had herself preserved;
Lilt it %di All he had left her in the world. Damages
were an inefficient halm for feelings wensided like her's;
Lnt they weir all of which the case admitted, and these
the Jury were hound to render. They would, however,
consider the circumstances of the defendant, and not
plebs him, with the probably innocent partner of his joys
and sorrows, to utter lulu.
The July retired for a short time, and when they re-
Mined into Court, gave a verdict for the plaintiff—Da-
mages, bOOI.

WESTMINSTER.
The The Sessions for this City and Liberties commenced
On Thursday last, before F. Const, Esq. the Chairman,
and a' full bench of magisi rates. The Petit Jury being
sworn, theCout t plocerded to the trial of traverse causes.
William Kelly was indicted for obtaining ss. on false
pretences from Mary Burt. The prisoner was a wretched
'looking old matt.
Mr. Knox stated the case for the Crown. He said the
prosecution Will carried on by the Lords of the Admi-
ralty.
Mary Burt, the prosecutrix, stated, that she had a son,
a seaman nit hoard the Topaze frigate, in the East
In February last she went to the Navy Office is inquire
whether Mir Topase was coining home, and was in-
formed that tio accoott had been received front her since
Mil. She was in great distress at the time, and met the
prisoner tinder theatchway of Somerset House. She told
him what site went to inquire for, and the result, and
said the it as greatly distressed. The prisoner said, that
for 3s. 61 he would get her information about her son,
and if she had all the necesstri papers, he could for
Bd. procure her tour or five pouoJr. prosecutrix iu
consequence boriowed a gown :rum a friend, for the pur-
pose of patvolog, to procure motley to give the prisoner,
by which means she obtained bs., which, with her pa-
pers, site gave to him the ntxt day. Ile made many
appointments with her, but vvhettever she saw him he
always made excuses for not getting her the money, or
raking kw to Lord Melville.At length site went to the
Admiralty, and inquired for the prisoner by the name of
Smith, and was hummed that there was a person of that
name employed there. She then v. rote a statement of
the prisoner's conduct to Lord Melville, ill consequence
of which an officer was sent with her to apprehend the
pi isoner.
The Chairman shortly charged the Jury, and they
immediately found the prisoner Guilty.
The Chairman told hint, the judgment was, that he
shiruld be imprisoned in the House ul Correction for six
months.

FUNERAL or FRANCIS AND HONEY.
THE [INS V. 301-135 FLY.
This was an action against the defendant for having.
on the YGLD of August, with a considerable number of
other permits, riotously assembled at Knightsbridge,
3113 COlll 11l 1 l hug au assault on Francis Delta:lt. This
prosecution was instituted by the Lords of the 'lreasury,
and conducted by :alr. Adolphus and Mr. Watford,
and the defence was conducted by Mr. Alley. 'Ulm fol-
lowing evidence was called on behalf-of the prosecution :
Joseph Freck, a trumpeter of the Ist regiment of Life
Guards, deposed to his having Levu at the Brown Bear
public-house, Knightsbridge, on tile day .nained in the
incitement, when the limeral of Honey and Francis was
passing; it was about 901;11 o'clock; some of the ix rsons
assembled said " here comes one of theist" (ineabing
witness); he was instantly attacked, beaten, and had
his medal torn front his breast; some other soldiers res-
cued loan, and be was takeu into the barracks, leas tog
tactical at the !how!' bear.
Francis Delicat corroborated the statement of the last
witness, and in addition, that the wintiows of the bar-
racks were broken alter A IdermanWaithinati had ordered
the soldiers into their barracks. lie reined towards
Hyde Park•curner, witch quiet was shortly alter restored.
James Buchman and Lomas Taylor, also belonging
to the at:Omani, corroborated the statement of the former
witness; and also that the windows of the barracks were
broken...in number of squares 284. To a question from
Mr. Alley, whether the windows were broken before or
afterwards—the witness (Taylor) said before ; then, said
the learned Counsel, '• There is nothing like swearing
throngli a brick wall;"—for the witness had stated him-
stated himself to hate been standing at the barrack gate.
This twit% the case for the prosecution, Mr. Alley
commenced the (lettuce. The learned counsel cen-
sured the gross immorality of bringing this prosecution
forward at the length of 1111 r months, and ridiculed the
idea of a " Waterloo" man coining there to complain rat
a slap on the cheek. After declaring it to he a mere
question which they ought to look at, as between a sea- 1,
verger and lamplighter, and decide act ardingly,
"I he Chairman summed up with great udilltteileSS, and
the Jury, after consulting a new minutes, returned a %ta-
rtlet of Not Guilty. This was receised with loud ex-
)4ll 5.1011$ of satisfaction by a very crowded court.
Getage Forbes Atkinson was indicted for obtaining,
from Ldwaid Howell and John Reed, rote coat, two
waistcoats, and one pair of trowsers, on false pretences.
Johu Reed deposed, that he delivered the clothes
mentioned in the indictment to the defendant, at Nu.
13, Great George-street. The defendant then told him
he had left Colkge, and was going to take chambers in
the Temple. The witness stated, that lie was Mr.
llowell's foreman, not his partner, and had no property
in the clothes he delivered to the defendant.
Mr. Adolphus, who was counsel for the defendant,
submitted to the court that there was an end of the case.
The indictment charged the clothes to be the prorrty
of Eiward Howell and John Reed, and it. was now
proved that Join) Reed had nu property ion them.
The Chairman said, the objection was fatal to the
indictment, and directed the Jury to acquit tile defen-
dant, which was accordingly done.