The National Register.
London, England, 1818-12-13 00:00:00


'THE NATIONAL REGIsTErt

Mr. Sergeant Vaughan.—lt is, my Lord. •
The witness proceeded. Her brother went semi afterwards
to IValclteren, end then to Spain, where he was twice worm&
ed. From 1809 to 1816 she had often seen her brother end
his wife at her mother's house, both in town and country ;
they appeared to her to be perfectly happy. One time
when he went abroad, she was left at witness's mother's
in Hertfordshire; they had had but one child, a boy, now
nine years old ; she had seen 'the defendant I times din-
ing at her mother's house ; witness became first acquainted
With him in the latter end of 1810; it wan when Colonel Cli•
therm, and his wife bad returned from the•continent ; he
dined with her brother at their house in Wimpole street ; her
brother lived with them thee sonic mouths ; her mother was
not at all previously acquainted with him his iutrodoction
their house was entirely thrones the plaintiff; she saw the
defendant last when he dined at their house at Worthing, iu
December last veer ; in May preceding her brother had left
town. Mrs. (Nide r0w...1111e to them at Worthing, from Bex-
hill, on the 19th of November; she returned some time after.
wards to Bexhill. The last time she saw the defendant was.
about ten days before the tailor Deeember, the des' of elope•
mo; the piaintie wan at Worthing then. Nothing could
appear kinder than her brother's conduct towards Mrs. Cli-
therow; there was nothing to make witness suppose there was
any alteration of affection on either side.
John Fanc, Ewe, M.P. for Oxfoi dshire, wee se:painted with
the plaintiff* great many years, and ever since his marriage.
He and his wife haul lived with ;din tor three months in 1811,
iu Oxfordshire. He. thought them one of time happiest eon.
pies he 11441 ever seen. They were with him in 1812. after the
plaintiff's return from nbeorid. He had no reason to change
his opinion of Colonel Clitherow ; he added, that Mrs. Cli-
therow behaved with the greatest correettiew while with
them. He knew the plaintiff, as soen as he had gene into
the army. He could not recollect when that was, bet it must
have been before the plaintiff went into-Egypt.
George Robert Ayres was on the Continent in the early
part of 1816. He had been previously acquainted with the
defendant, who came then to see him at Tones. He had be-
come acquainted with the plaintiff and his wife in the hitter
end 6(1815. 'They were at 'lows then. Witness had pro-
bably introduced Colonel Clitherow to the defendant, at
witness's house, but be dill not recollect well. He caine off
for England three days after the defendant had arrived at
Tenn. Mrs.-Peters died in London in January 1816. They
had been two years married ; they had no family. The de.
fendant had intended to came abroad with his wife to see
witnessend his-family. When else died Mr. Peters came,
and was much disappointed at the sudden departure of wit-
ness, who recommended hiin to the particular attention of his
wife and her brother. When witness returnedfrom England
the patties were gone off to the south.
Sarah Webb, a girl of 14, daughterof Sergeant Webb, in
the id regiment of Guards, lived re ColonetClitherow's fa-
mily, injuly last, at Bexhill. Colonel Clitherow was fixed
there in barracks. She attended tin Mrs. Clitherow. •Colonel
Clitherow left Bexhill to collie to London on the slb of July,
to attend his duty as a military officer. .011 the 4th, her mis.
treseitad ordered her to get shrimps and lobsters for the sth,
bat to bring her no message on that day till ben master was
gone. • On the Sth she told her to go to different places, and
to get all the flowers she conk' to make the bed room very
ueatend clean, and to pat -clean linen on the bed. She or.
•dered her not to sit in the bed-roost to do her work, as usual,
eatto go down stairs. She desired her not to go into the bed.
room after she had made it np. Witness had, however, for-
gotten her thimble in the room, and went in for it. She found
the things differently laid from the way she left them. The
night clothes had all been put up in silk bag. :elm was not
in the house, and saw no one teonse at right. On the morning of
the 6th, a gentleman came, whom she had never seen before.
He bad a piece of bleak stieking plaster on his face. It was
between nine and ten in the morning. She saw him on that
day, shoat half past four, sitting in the parlour. That was
Sonde,. She didrot know how late he remained. She saw
him again on Monday. The same person came afterwards
hi-November. She knew him by the black spot. Her mass
ter was•then on -duty at Windsor. She met the gentleman
coining in at the parlour door. It was about half past four.
She eould not tell thedaysf the month. She thought the mark
was's') histetiside.
Jane Lack; the cookmaid, was with Colonel Clitberow be"
fore July fut. Her mistress told her on the 4th of July that
she must be particular in having • every thing neceseary far
dinner on the sth, and not trouble her-after the company
should .come. A time piece that was in the parlour was
removed that she might see it easily. -It was known in she
family that Colonel Clitherow was to be from home on the
3th. .After he wan gout' her mistress repeated her former
directions. -She had not seen him afterwards that day. The
(fewer was rot served-up. Witness went to bed about 12 ;
her mistress wee then up, and she,theapd the voice of a gentle-
' man, them in coeversation with her. She had beard the voices
and a conversation about half-past 11,: from the parlour.—
She bail no Ihnsinesa in the bed room,end lead rot been there.
The patient hail a communication with the bed• room, without
coming to the stairs. Site was up at ball-past seven next
, mewing. She saw no gentleman in the.house. She knew one
came 'next morning, but sins did not see him.
James Milker was in the service of the plaintiff,.inJuly last,
as his footmen. A gentleman came at eight, on the Sth,
between ohm and tea. Witness opened the door for him, and
observed his person. He asked if Colonel Clitherow• was at
borne, and was told he was not. He then asked for Mrs.
Clitherow, and desired witness to tell her that a gentleman
called -with-a letter for her, front Mr. Peters, and wished to
deliver it himself. Mrs. Clitherow desired witness to show
him in, As witness was shutting the parlour -door lie-heard
her say, " /it down, my dear, I hope-you have had a pleasant
joivreey ;I hope • you have not catched cold." He went out
of the roont,.aud beard no more. He went to bed at lt in
another part of the house front the general door. He left him
in the parloar then. He heard them conversing.
On inquiry from the Court, it was here admitted by both
parties, that the defendant -had -been at the time in _question
25 years of age; Mrs. Clitherow, SS.
The-witness went on. -The -gentleman could have got out
without his knowledge. He came next morning at breakfast
• about ten; and stopped tilioneor two. He went then to dress
for dinner, and remained afterwards till two next mor ll i:: g.
He knew the- last circumstance, because a servant from the
Bell Inn bud come for him at mine, as they-were all going to
bed. Mrs. Clitherow was qnitc Hurried ; and saki, he was
gone, or would go seirectly. 'bee -servant (ensued to the
Bell. Witness wentioaled at twelve, and heaves there then.
Next night he met them walking lase on the parade,•aati they
i turned hastily another way; they were arm inerm.
Cross-examined by-Mr. Sergeant Copley. —He said, that his
master returned toe the 'Thursday .afterwards. Healid not
urination Uwe Minge.ea lie -master (ill Mrs. Clithesow went

DEC 13

away with the gentleman. He mentioned them either at the
end at January, or beginning of February. He had strong
suspicions that all was not so right as is should be. He bad
been in the service for nine or ten months ; he was in the
plaintiffs regiment.
To the Coml.—The public house was two or three issm.
dyed yards off. •
Chief Justice.—l shall expect some witness from the public
house.

Mr. Sergeant Vanglian.—We are inquiring u to delta my
Lot d.
William Pritchard seicceetled the former witness in October.
He rentembereil the plaintiff going In Windsor about the 14111
or 15th of November. A gentleman cameo his m'an's and
dined there on that day ; lie had a silk plaster on the left
•iile of his cheek. •Witness went to bed at half past eleven.
He thought the gentleman way then in the home. His misters
left Beshill finally about the 21st of December, abut 'even
in the morning. The child was then at school in London.—
She left in a post chaise, and told witness to get every thing
reatly,she would he back in a few days. About August wit-
ness went to France in pursuit of ;bent, and fi d them at
Forges, in a orivide house. He wait sure it 141/1 duo same per-
son that had been befoie with his mistress. He knewhint We
his complexion and Hie mark upon his cheek. They wore
both together. She went by the name of Airs. Peters. (Tots
was was rather loosely assertel.) Mr. Thoninstan went whit
witness, and presented ;tape's which Air. Peters aimed. It
was in a lodging they were. He saw them is a parlour. Mr.
Peters•itaid they had been there only a few weeks.
Mr. Thompson, a clock in;Doctors' Commons, 1111.1 clerk -in
the Arches' Coast, saw the defendant nu the 2.1111 of June,:at
Forges. He called at their, inn, and said, he understood that
there were gentlemen there who wanted him on urgent bolsi'
nests. Witness made Ilion aoqiisietted with theirohjoot.ottil
he appointed next ei.ty for seeing them Witness dila Prit-
chard went next day to Omit house Mr.• Peters weal up
stairs to prepare the lady fur the visit; he did not introdiee
her by ally Mime. Witness asked, if she was Mrs. Clihlterow.
She answered, •' Yes."
Crosa-examined.—There was no diainclination to give him
every information, or to show Mrs. Clitherow. He asked the
route they had taken, and found Mr. .Peters quite commu-
nicative. •It was Mrs. Chtherow who signed her natne.na his
desire, to an authority .tor one to act usher proxy. He had
toll her that some person must appear for 'tier in tlee Ecclesi-
astical Court. Thera is no judgment yet. . .
Mosaic 4. and AV. Jackson proved the pruceediap for
outlawry. They had proceeded to mall him five time*. This
closed the plaintiffs-cue.
Mr. Sergeant Leos.—lf it depended on his own feelings,
lie should not address one word to them on this.ense t but
his duty required that he sltould offer eft:w remarks. When
they had now the evidence before them, -and when they con-
sulted their own observation of• the strength of human pas-
aion, and the frailty of human virtue, they would stance be
of opinion that this case could not be exempted from com-
mon caws. All that had been said of her vulnerable and
unguarded state, when the plaintiff was on the Continent,
had been pressed into the service; for it was not till tal6,
and on the Continent, that the defendant became acquainted
with them. Taw case html nothing to do with military
service. The plaintiff came to London on military limiest's.
for one day, nat as oilier gentlemen came out business. How
this attachment grew from acelelental acquOndance Au it
criminal intimacy was left a black. No such attention as hie
Learned Brother had alluded to had been proved; and
without casting any imputation npoa the plaintiff; he must
say, that they had no evidence whether dna altaeliuwat ,was
• encouraged by the negligence and inadvertence,. or ,whother
not by the connivance of the plaintiff. The defendant's loss
of his own wife had been mentioned, althosigh it intstloil no
part of the case. He addressed himself to their feelings
and understandings, and asked, them whether Ike -blondish.
meets of female charms would not in moll a state tkr mind
produce deeper Impressions. That-at lout dosurrel their
consideration, if they Gave weight in either way 10 ino
cumstance. He nut remarked, with great ability, 44 the
nature of the evidence and the disparity of their ages. The
defendant had fallen a victim toartifices ; be bad sinned as
others bad done before,

" Against his better knowledge i•. not convinced,
" But fondly overcome with female charms."
It was a great injury; but as to how it originated, or bow it
was perpetrated, they were left in the dark. Whether this
were viewed as a case of public justice or of private justice,
they would feel it to be not a case of aggra va tion, tint of coin-
mieseration, end regret that a young man should have fallen
into such a snare.

The Chief Justice recapitulated all the evidence; be
censured the ;neglect of proof of the adultery in the•pleiltliff
evidence: attaohments might be proved, improper familiari-
ties might take place, and yet all stop abort, far short, of a
eriminal intercourse. The Counsel for the defendant, Mr.
Sergeant Lens, with that wisdom which never railed him in
any case, had but pressed this point, because the elopement
supplied this defect in the plaintiff's case. There ought at
least to have been proof that they lived together as man and
wife in France. This was, however, a case of an tinfavoisr-
able complexion. •If the dofeadant has sinned as. others
tanned Wore, he must suffer-as others Cave • soffered before.
He was kindly treated by the plaintiff in theliour of unction,
and he dared to avail himself of his absence on dpty to
deprive him of the wife of his youth end the inother or his
child. The difference of age was the only alleviation. That
the wife was taken away in the absence of her husband was a
great aggravation. He could nut bear this case °sly # slight
one. No proofol fortune had been offered ; they weie there.
fore left entirely to their discretion as to damages. They
knew the rank of the parties.
The Jury in a few initiates found a verdict for the plaintiff
—Damages 3,000/.
The Court was very crowded, and the case•secard.to ex-
site great interest.

COURT OF KING'S TENCH, Tnunsort.'Dee. 10.
CHAMBERS Y. MILES--(ACTION BY ADMINISTBA.TRSX ON St-

'BRAG BILLS OF IHXCHANCI.)
Jeremy, drew the bills on Miles and Co. -who carried on
trade as Iluendrapers in Holborn. The circeinaiawees of the
case were very complicated, and we can only 'give en
of its leading lc:awes, and••the principal facts given in evi-
dence.

The hills having been accepted by Milesosithont the lt now-
ledge of ads partners, Messrs. Smith •and Waithatan, their
Counsel, Mr. Scarlett, said he should avail banged( of any
di-fence he could make; and then proceeded to stale that the
loins were accepted in the course uf .au traasactiou be•
tweets Jeremy and Allies.

DEO.- 18

~ • Morgan Ries proved the bills; said they were given for
goods, but that some of the goods had not been delivered.
The clerk of Miles's house proved that the transactions
between Miles and Jeremy were unknown to the rest of the
firm. The acceptances were sent by witness to Chambers,
who told him lie was well acquainted with the circumstance
that the other partners were net privy to the transaction. He
said, if the bills were not paid, lie should proceed against the
partnership, and desired that Miles might be told this. When
be was told it, he paid a part of what was due.
The sense winless then proved Miles's private b ill-book,
which was unknown to his partners. Miles bail bid witness
entreat Chambers not to let the other partners know of this,
as it would cause Isis ruin.
On cross-exansination, he stated lie had received several
stunriroin Jeremy for Miles, to take up bills that were due.
The ether. partners were seldom in the shop, and did not
knew of these bills.
Mr. Alderman Waitliman stated, that his 8011 went into
partnership with Miles in 1812. About the Ist of September,
' 1.8116, a discovery was made in consequence of a dislionustred
bill. Witness shortly afterwards waited on Chambers, on ac-
count of transactions in which the house of Miles was involved:
saw the bill that led to the discovery ; that bill was paid af.
terwards. Witness saw Chambers frequently afterwards.
Out the cireemsiances of the transaction with Jemmy beios
related, Chambers was pretty frank, said " Ohs, I am up to
Jeremy's tricks. I don't do my business US lie does his." He
afterwards stated he had another bill for 2001. which he show-
ed after some hesitation.. Witness fixed Ins eye on the date.
Chambers said, " I see what you are looking at, but I dual
uteri that, I've got security." Witness asked him not to me
aliles's house ; and Ilprill being told that Jeremy could pay,
Chambers said he would make him. Witness told hini that
Miles was only u manager, had no authority to accept bills,
and that witness advanced all the money for the concern.
Witness told Chambers that lie had been to Jeremy. and that
it was the intention of the partners to prosecute Jeremy for
usury. Chambers then said he would not sue the house, but
would even advance witness 1,0001. on his note. Chambers
said he knew the house could have no occasion to be supplied
with goods by Jeremy, as witness could supply them. Wit •
ness was afterwards surprised at Chambers commencing en
action: and on remonstrating with him. lie said it was
only a matter of course. and he should nut ;Amen'. Wits.
ness had told Chambers that Jeremy had informed witness the
other bills accepted had been cancelled, and the goods for
which they were given put away in the shop ; that \Je-
remy, being remonstrated with by witness as to the rice of
the goods, said, Miles was always euminacto we hi istress,
mud I had a tight to get as :lt as I could. '.
On cross-examination, the witness stated that these con-
versations took place with Cliambeis before the 4401. bill
became doe. .„
Henry Miles was present at transactions hetween his. Deo..
titer and Jeremy I, they were kept secret from the titbir parts
stemmed in a private book. Goods were sent to his brother from'
Jeremy, and sold at a considerable loss. Miles sent to Je.
remy for the goods ; but Jeremy kern' that the partners were
nut in the secret. The 2001. bill was dated the Ist of July ;
before it was accepted, witness had inserted a 2 before the 1,
. to gain time. Jeremy came and remonstrated ; wUness told
hint he had done it to gain time, as 20 days woaldhe of great
service. Jeremy approved of this. -.
llie learned Judge held the alteration to be intuiaterial after
' tide appruval.
011 cross examination, the witness stated that some of the
goods furnished by Jeremy were entered on the books of
the partnership.
John Jeremy received two of the bills in question, with
another of 4-11. since cancelled, for a parcel of goods, on the
9th of Ausgust. The goods were looked oat three weeks
before by Miles, for a customer of the moue of Scribe..
Smith called on the 17th of August, saying that Sciihe's bill
bad been dishonoured, and that, therefore, they would furnish
him with no more goods ; and desired to have no mote of Je.
reiny for that purpose. Witness told him that Miles had gives
a bill of till. for goods before furbished, and 901. fur awlsr
lent him ; that the bills were then out ; but if Smith would
bring the money, Fitness would recall and pay three. Smith
said he would examine the hooks, which hating done, he
came next day and said all was right, but begged witness'.
assistance. Witness then told him what bills might he pro-
longed and what not, and cancelled the bill for all. the goods
not having been delivered. Nobody ever famished him will.
money to take up the bill fur 2001. It had been placed in
Chambers's hands as a security•for bills that became due the
26th of August. Witness was indebted to Chamber. iu other
respects.
Lloyd, Chambers' clerk, stated, that one of the bills
was deposited with him by Mr. Chambers, and one by his
8011.
George Edwin's, Miles's clerk, being called again, said be
saw Mr. Jeremy on the subject of some ut the bill.. lie
said, "The whole ailments to nothing ; I have cancelled the
bills, and glut the Knolls upon the shelves."
Upon this evideirce. Mr. Searlett, fur the defendant, con.
feinted!, dui as two of the hills fur tool. each embus two the
hands ut Chant hers immediately from Jeremy. atter lie knew
all Ilse me Ullistali ces attending them. (having becii intimated
by. the coon-Anion et Mr. W minima:lN he could not recover
as to thew two ; and the Lemont Judge put this to Mc Jilt,
as lien% the quostion, alter telling them that the pLavitstr
mast recover oil the Din. 1011, and 11141 they 11111111 judge of Um
credit due to the iiitiercat nonuser.
The Jury found a %eg diet for the plaintiff as to time '41.1u1.
%ill ; and fur t:.e deft:admits as to the utbera.
-----

COURT OF EXCHEQUER, DECEMOFR 7.
situ AITOHNLY Cr:NI:HAG V. H. Corti
The Attorney Genet:lt stated the information against the
defrtidant, which impaled, first, that he, being a tea dealer,
had in Ills possession it large quantity of culolc ed haves, it,
imitation of tea ldly, that hr had a simitar 411.1
ble 1.1:1)
wt
.ettlout ed leaves in its possession, made ti/
414CC0 j and, lastly, a quantity of roasted peas, or
OIG. r ;;)ails, in imitation of culler, whereby hr hint lAtesine
liable Ia pay large penalties to the King.
Wittiest* wt IV exantitted and tally establi,hed the ehar;e.
—1 he Jury It tilt itii a sertlict lot the Cowan for the ftolow
penaltit s Otte thousand one handed anti twenty
pounds fur 1121 b. of isetit.dise tea, at 101.prr lb. ; 100 i. fur
imitative cutlet. ; and 2001. tar tiuitatie tutiaceo;
total of 1,12L1.
AIToOLNE% GLArlt.%4 T. T. AND O. TIF./.IION.
This ods an naturals lion mg.:111.1111e dricoeaort, grocer*
al blanch' stet, tor having itowaitve tea au t etlitt ill their
posaission. . .
Thele was no di:fillet, mill a set diet was fund for tit,
Cilium of a pritiolly of 14Ui. having &adult, 01
ith barn; giant la their iom-vssion, and 2001. tat has mg
o.3.lutitt d tea iu their kUiNft!,6ll.

.. _... ~

THE NATIONAL dEGISTEL•

Tfit ATTORNRY ORNERAL Y. HALL..
This was an information against the defendant, a coffee.
dealer, io Old Gravel Lane, for having imitative coffee in his
possession.—.The fact was proved by the officers—Convicted
in the penalty of 1001.
THE DINO V. J. DELANO.
This was an information against the defendant for a fraud on
the Customs, committed by him ander the following circurn
stances defendant is a ship-master at Liverpool, and
applied to the officers of Centime of that town, on three se-
veral occasions, to be permitted to ship.for America three
cases, each containingloo pieces of handsaw' Inindkerchieti,
which had not paid the duty. Permissiou being granted, an
officer was sent to accompana the boxes in question to the
docks. Upon the way, however, Delano tried to inveigle the
officer into a public-house, to give him his allowance; and
in this interval the changes were rung upon the boxes ; those
containing the silk handkerchiefs were taken out of the cart,
and other boxes oft similar appearance substituted.;
the silk handkerchiefs were conveyed to the house
of a ship-chandter, named Duncan, by whom some of
them were purchased. Suspicion having afterwards arisen
us to the transaction, search was made on board the kat-
jeall, by the Custom House officers, and the three lioxL%
being examined, were found to contain only brick-bat► and
,mats. In the defendant's house 60 pieces of l3andann•as
were afterwards discovered. The defendant was convicted
in penalties to the amount of six hoindred pounds.

PREROGATIVE COU*T, WenetzsDaT, Dec. 9.
MATO VUTCLIVIIIIL.
The testatorin this cause, Mr.'ffinothy Sutcliffe, deceased, .
was one of the Quaker persuasion, and married in 1803 a
Miss Osborn, himself being 25 years older than that lady. It
appears, that soon. after their union, the deceased looCallit •
jealous arid sass igloos of his wife; and accordingly, under
the influence of ibose feelings, had made a will, dated is the
year 1804, by which he cut her off without a shilling, and left
the whole ofhia Personal and freehold property to his nephews
and nieces. His will was deposited with Mr. Memo, his bro.
ther-indaw. residing in Essex. But shortly after, finding that
hie suspicions were totally groundless and unfounded, Mr.
Sutcliffe's affection for his wife returned; and the peace and
hameny of the parties were completely reestablished ;- the
best understanding prevailing between them down to the day
of-his decease,. which happened on Nov. 5,181 T. In that
interval deceased frequently expressed to Mrs. Sutcliffe, as
well as to many of his friends, his fixed intention of altering
the will; and on one eecaaion made a particaler appointment
with Mrs. Sutcliffe to accompany him to town, viliitlicr-be
was going to receive his dividends ; and after transacting his
linsines at the Rank, to proceed into Essex, in order to pro-
-1 cure the will from Mr. Must°, fur the purpose of 'making
alterations in her favour. Many domestic contingencies,
however, happened to prevent Mrs. Sutcliffe from accompa-
nying him, or even, as in that event he bail directed her,
from following him to town. Mr. Sutcliffe returned home to
their residence at Henley-npon.Tlsiones, without going en to
Essex ; awl on that occasion the proposed journey into that
county was postponed until his next going to receive his divi-
dends, which he took twice a-year. Soon after, on. the morn-
ing of the 4th of November, 1817, the deceased was taken
extremely ill ; and the parish schoolmaster, a Mr. Chapman,
was gent fur, to take instructions for making out a new will,
which was iet now on behalf of Mts. Sutcliffe. The depe•
skim's alleged, that oil the arrival of Mr. Chapman, deceased
was extremely ill mid debilitated ; lie was informed by Mex.
Sutcliffe of the nature of those dispositions which testator had
so frequently expressed his intention of makiog—that is, in
her favour; but neither then, nor throughout the long ante-
cedent period, which had elapsed since the making of the
first will in 1501 did Mrs. Sutcliffe appear over forward or
importunate au to a new one being made ; she always declared
her eonviction that her husband would properly provide for
her. On Chapinati's objecting that he could not take in
strections ihrmigh that channel, she addressed her husband
in this manner, " Are you willing to make your will?"—to
which deer timed replied, after a pause, "- Yes ;"—" Have
you made your peace with God ?"—to which he also replied,
" Yes."—" Are you willing that the will shall be made as 1 like
it ?" to which, after a considerable pease, lie also assented.
Three instructions were taken, re.wrltten, and erad,over to
the deceased ; approved of, but not Mord by him, being
taken away by Chapman to he more fairly transcribed ; and
a few hones after, on the sth November, before his return,
testator died. The principal dispositions of the will were
those:—The whole of his personal and freehold property to
Isis wife, for her life; and, after her deeds, 10001. with au
additional interlineation of 5001. to the children oilier brother
Thomas ; and 10001. with a • •lar interlineal addition of
WI. to the children of his sister, :Mrs. Moto. The Learned
Con noel for the widow adverted to the open and ingenuous
manner which the proceedings had taken place—the to.
spertability of the witnesses—the declared intentions, prior
to the itisirnet s, of the deceased—his solemn and deliber-
ate assent to the will—the fact of its having been read over to
undawibted competency and sound mind at the lime
—and to the long habits of reciprocal alli.ction which had
'twee:led the transient irritation under which the first will
IVAS, made ; &toil prayed th.it, Consideration of the.. ei ream. '
stances, probate miglit be decreed to ter testamentary piper,
ilaittl Stls November, 1817 ; whose eseeinien was prevented
by the interventimi of death. The Counsel un the other
side cool& tided, that Ifild paper contained rattier the diet.*
ti oils of ampthei pas ty than the testamentary Mt entions of the
deceased ; that he WA, iu fact " iu Agnelli° mortis" at the
time, and that this being an unexectited, and ilie former will
a formal and valit4 paper, this bole....quoul oviesliulitd be pro-
nounced against.
Sit Joliet Nichol!, utter recapitulating the principal features
of the evidence, said, that though it behoved the Court to look
will rotselite caution en such cases as these, and to gnarl
doing persons from having their mere acquiescence taken fur
nn act of volition and final! will ; et hese the former
intentions of the testator, the tact that the first will
was made unite, an imp' essiun of jealousy, %illicit he aftei-
o aide nekllloWiellged to be groundless; the harmony winch
had.so „tong sidisisted beinerit tutu and his wile dos,' to Ili,
drids; Inv declaied and repriced wishes to make •tieil a pro-
visiou as illol ruiraitted in the paper now prupountled ; its..
aaseilee or our thing like siispietotis uu 11:e part
of Siitthrfe; the ;imposts tu make Ibis *id having psi.
retried hem g 1.c1A041, sand idle dearness of tie. 111.110•
sit ions :—all these wl., e vilin hi:inert. au •AI
coat Weems Thal exttaint AA are e
11, lie lissial ~1•01114. g• lot the lgr•lluctioam as 4•olll•.migq,
a • • or last the dereu•til. As lot ibis W 1... lisle° lit •
4.sdt •u,us ill AWL Al,ll 5001.:ittl ta,,bra al ill.j
. .• , : 41,1•,1, IsAbilgA been elle.-
. !is it•sh and u• f•dh.ing a ;!altiit
• , t!S pishi Of the lei
•• .t.i 1/1•,4:11t fv. ON*? gets...du/ok,, I la

•
TN Y.
STRICKLAND Vs PEAIUIOW•
This was an action to recover .591. funeral expellees. IS appeared!
that Charles Chinner, a coal-merchant, well known in the Coal-mar
ket, hadlik with reputation. and falling into
poverty in passedtidatera,uttrie coal-merchants generously made a sub-
scription, for the purpose of buying an annuity, and making him
comfortable so long as life should last. There was no provision made
for his funeral. Under these circumstances. be did not live until
the fund w raised was expended, but wheo he died, there was in the
hands of the plaintiff 141. and 491. in tbo hands of the defendant.—
Both were liable to render an account of the balance to the sub.
scribers. Strickland, who had been active in procuring support for
Chinner, undertook to see him buried. lie was anxious to see him
decently interred. With this humane intention, he applied to Fee.
ron, at his house near Horneey, and Fearon appearFtl to consent to
the proposal of a decent funeral, by saying. " There is racncy eneagh
to bury him like a grndsman, and pot a stone over his grave."—
The plaintiff accordingly paid for the interment, sad erected a tablet
with the following inscription 3.
" Sacred to the Memory of Mr. Charles Chinner. late of th;s
parith, coal.merehant, who departed this life the 4th of Atil, Ibl3,
aged 79. latter days were made comfortable by the liberality of
the Gentlemen of the Coal-market."
The expense thus incurred the plaintiff sought to recover out of Cie
fund in the possession oldie defendant.
The defence was, that the subscribers were not willing to apply
the money to she funeral, and that.the defendant was not persomlly
liable to pay any part of the charge.
The Jury found a verdict for the; plointiff. Damages 23L, in
. addition to the 141. in his hands, making in all 391.

From the LONDON GAZETTE, Tuesday, Dec. 8.

BANKRUPTCY SUPERSEDED.
BILLIARD R. West Markham, Nottinghamshire, Eimer.

BANKRurrs.
GROVES W. and DuresJ. Bath, grocers, Dec. 17, lb, Jan. 19,
at Bath. Att. Mr. Highmoor, Scots's Yard.
Ntaxsuar J. City Rood, brewer. Dec. 19.26. Jan. 19, at Guildhall.
Atte. Rowland and Co. Lincoln's Inn Fields.
Jselsoft E. Castle Court, Birchin Lane, merchant, Dec. 15, 22,
.Tan. 19, at Guildhall. Aft. Mr. Farren, Threadneedle Street
Hocstsw W. Totness Devonshire, ironmonger, ;Dec. 17. 18. Jan-
-19, at Totiftes. Att. Mr. Alexander, Carey Street, Lincoln's
Inn.
JONES J. and J. Lecnninstc2, Hereflardshire. linen-drapers. Dec.
12, 19. Jan. f. 9, ,at Guildhall. Att. Mr. Moddowcroft, Gray's
I I:n.
Buniows S. Miles's Lane, Cannon Street, wine-merchant, Dec.
15,26, Jan. 19, at Guildhall. Mts. Pritchard and Co. Exclulaze
Buildings.
GotirnEY 11, Kent Road, merchant, Dcc.l2. 15, Jan. 19, at Guild.
hall. Mt. Mr. Wright, Fenchurch Street.
NORTH G. Sheffield, butcher, Dec. 22, 25. Jan. 19, at Sheffield.
Acts. Tilton and Co. Coleinan.Street.
MOORE J. Manchester, flour dealer, Dec. 21, 22. Jan. 19, at Man-
chester. Atts. Adlington and Co. Bedford Row.
CHAMIERLAYNE W. and RAWLINJON G. Leicester, hosiers. Dec.
14, 15, Jan. 19, at Leicester. Att. Mr. Jeyes, Chancery Lane.

DIVIDENDS.

Coot W. Smith. Httotingdonshire,;ieiUaller, Dec. 30.
W. Bishop, Yes/and-Conyers, and J. J. Bishop, Leighton Hall,
Lancashire, merchants, Dcc. 29.
T. Law, Lancaster, merchant, Dec. 29.
J. Watson, Tothmain. Westmoreland, dealer, Dec. SI.
W. Mac Michael, Bristol, merchant, Dec. 30.
R. Wright, Hosgill Ilan, Westmorland. dealer, Dec. 51.
A. Ilendy, Gower Street. Bedford Square, builder, Jan. 12.
S. White, Liverpool, upholsterer. Dcc. 30.
C. Bishop. High Street. Borough, Imeadroper, Dec 19.
J. Rowlett, Charter-bouse.stpuire, merchant, Dec-29.
J. Paul. Marylebooe Street, pawnbroker, Dec. 29.
W. Spence and T. Jones, jun. Bishop. Wearuiouth, Durham, coal-
fitters, Dec. 29.
J. Wilke, Bath. linendraper, Dec. 29.
J. Hudson, High Wycombe, Buckinghamshire. linendraper. Jan. t.
W. Lowe. Maeclestield, Cheshire. druggist. Jan. 2.
W. Woolsey. Great Marylebene Street, haberdasher, Dec. 29.

CRRiI VICATES—DEc. 29.
W. Rhodes, gait baken—W.Morton. Worksop. Not.
tingliainshire. parts[- M.--J. Donald.!Abbot.kxtge,Westinor-
land, eattle-d.—a. Hawkins, Rath, eolielpinaster.—W. David-
son, Little St. Thomas Apostle. wholeasle tuition's.

CORONER'S INQIi CST.

PAROCIITAL TwilnwaretTr.—.loreph a Carr 444 at the
Landau Docks, having been previously tl4. was, on Saturday morn—
ing, (se'nnight) about 11 o'clock, seized with 4 fit, and seemed to the
by-sunders, and to Mr. Chapman,. en officer at the Docks, fast ap-
poaching to his last hour. Ile placed deceased under the lodge. mid
applied to the adjacent poor-home. Saw both the churchwardens
and the resident beadle. .They refused to 401114 hint. saying, We
know our duty." It was urged, without, effect, that lie was a pa—
riihioner. During the conversation deceased ounestaggering towards
the workhouse; application was renewed, but the beadle said he
could not be admitted without en order from the Upper Warden.—.
At half-past two, deceased had crawled back to the duck gates. Mr.
Chapman applied to a neighbaurir.g.parish ; they sent their beadles,
and conducted hint once more to the adjacent workhone, as their
pariah workhouse was halls mile distant. Again suited that he was
a parishioner, which was confirmed by the bystanders. The officer
then replied, " lie eibild not help it, sleccared must be passed in the
regular way." The Walks front the last mentioned parish observed.
" You are acting with the greatmt inhumanity; probably before the
deceased reacbes the other pitor-house, he will die." Deceased was
then sliaking all over, and halltlie appearance of a person in
state. Finding their application useless, each of the beadles' took ati
arni of the deceased, and supported him toward, their poor-house.
On his arrival there he was seized with a fit, And instantly died. At r.
a m01ie.4111140, found him affected with rigouts, front which, ;u
other sytnptoins, he concluded it was a case of hydrocephalus. %Vert
down to the first mentioned workhouse, lie ted the altercation ; the
officer refusing adinis.ion. asked whether he considered deceased it: a
very dangerous state ? Sahel that ha did so ; asked i: lie was in AT..
tninentdanger; replied he war not. The officer then ob. emu]. it !s
really painful to me to refuse admitting hint, but the law will 1 of
permit me to act otherwise. 'l' he (;crones said, that whatever was
inhuman was illegal. IL was clear that every person iu extremity,
whether &stranger or
parishioner, trust, if uses ssury, be recevied nit°
the nearest workhouse, and not removed thence moil it an he done
with safety. An individual forcing a sick person into the reteet, and
death ensuing, had been held to be guilty of wilful nitirt:er.
case did not go to that extult. hut there was
.sufliceot c round tin a
charge of misdemeanour.; that wisii for the commies:sum& of the iamb.
Verdict—Died by the vt;tation of God.

A miadjer, who is, plowed to call himself Captain Lang. late of
the 0 4th foot, has exercioi 41 his calling with a };rent tic.il of audacity
in t;l:t.guw of latr. ahl 1111 l ;tit the lather-othetc. *neve bcen in Ittriant
of ...mt. lie is a c,tioplete I hotly. Ti, one youvg matt fie 'omit a
eroro,:ii for a !.sindling partnehliip, lit p,ol a-ed that Perth ',heath!
he the scene of the fra*.tl. They acre to litt.L. all to b agei.t., toe
Sic Gtc.;or. Alaceteger ; to live 4.lec.,!any ; grata bias ; ec!un
tie r,,etuy Manila be iti,covelvo, to toots oir to stutter
costs, 1101seb, :41:dI1CU, s tit tio be ut this
Ti.e viasits wi.e forms such )latis i> very it Curate,
MI( Air. locuit•l3, :•
,• • . ;
oitirsatj _ ;:appce, ir,l continent:lit in L.t 1.14ir vo 04 (4lissom
. .Jle J •••••••iii aii A "

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