The National Register.
London, England, 1822-06-10 00:00:00

THE NATIONAL REGISTER

his appearing, and my mistress began to apprehend
something had happened to hint when he entered.
" Well." cried he, in a hurried tone," you have been
waiung,and HI warrant you have often enough accused
the old man of laziness; but now, before we set out, tell
me my dear niece, where shall we go tit? What do you
think of the squares?" Mrs. Clayton looked at bun
with mingled pity and apprehension. " l ant afraid
you are already fatigued," said she in a soothing voice,
let us defer our search for to day.' " But suppose I
have seen something that I think will suit, will you go
with me to look at it."

She would have evaded the ans.vering, for she now
really began to think his head was disordered, but lie
would not be denied, and burr;-ing her into a hackney-
coach, they stopped in a few minutes at the door of an
elegant house in -- square.
" Sir—my dear uncle—.stop, I beg of you I." cried my
now seriously alarmed mistress; but withoitt heeding
her, he got out, and giving her his hand with all the
vivacity of five and twenty, he led her into a handsome
apartment, when he told tile servant who opened the
door, that they would rest for a few moments before
they looked at the house. " I ant not mail, my dear,
my node child," cried he, catching usy mistress's hand
as soon as the servant retired, " though a change of tor-
tune little less than miraculous might almost snake me
so. 1 told you a villain had absconded with my property;
so artfully had he managed, that slot a hope of tracing
remained;him but the hand of Heaven arrested his
Right. His carriage was overturned, and I; i ttt self so
severely bruised, that his recovery was pronounced im-
possible. Finding himself dying, he hastened to place
the securities for my property which he had with bins in
safe hands ; lie has restored nearly the whole of what
lie rubbed me of. The news reached me this morning;
and now resetem'ser your own words: our fortuties are
united ; this is your house if you like it, and think it
good enough for the heiress of half a million ; if not, we
will soon find another."
• When a gush of grateful tears had given my mistress
the power of speech, she was beainiting to thank him.—
" Now, fie upon you!" cried he; " thank me for what?
For sharing my superfluities with you—you who would
have divided with me your hard-earned morsel of bread?
without suffering her to reply, he rang fur the servant,
who conducted them over the house; my mistress ex-
pressed herself highly satisfied with it, and returned to
prepare fur her removal. 1 did not accornpany her as
she gave use with some more of my brethren to her old
servant.

LAIF LV TELLIGENCE.
COURT OF KING'S BENCH.
THURSDAY, JUNE 6.

DOE, ON THE DOOMS OF J. PALMLI4, v. ROBT. LOVELL

OWATILIN AND 'THEOPIIILA GWATAIN!

This was an action of ejectment biust4lit by she heir at
law of the late Mat chioness of Thontond to recover pos-
ses of a house situate in George-sure!, Westminsier,
which the defendants claimed nutlet the N ill of the Mar-
chioness.

It was proved that the papers produced in court as the
will of the late Marchioness of Thurmond had been sent by
her to her attorney, Mr. Mortimer, and had been kept by
lains until opened atter her death, in presence of her re-
latives. They were paged throughout apparently in the
writing of her ladyship, but were not tit ed lugetlier until
after her decease.

ties. Tomline, the lady of the Bishop of Winchester,
who with the Bishop sat on the bench at the right lima
of the Lurd Chief Justice, was then sworn. She remem-
bered seeing Lady Thontond at her own house in 1616 or
1817, in a state of some agitation, when she said that she
had a favour to ask of the Bishop. Mi s. 'Towline, think-
ing that she was about to segues' him to become her exe-
cutor, replied that she was afraid lie would not accept
that office, as he had refused to do so Mr other Is lends.
She inquired, after a pause, whether lie would object to
witness her will, to which Alts. Tomlin replied, that she
had no doubt lie would witness it, and that he would wait
oh her on the nest day or the day alter. She se.iii she
wished to go to the Bishop's house to execute the will,
and accordingly came thither a day ur two afterwards,
and brought the will in her muff. There were several
papers, but Mrs. Toudine could not recollect the exact
number. After she had signed the will, the Bishop recol-
lected, that in case firehuld property were devised, it
would he 'accessary that the execution should lie attested
by thiee witnesses; lie suggested this to the Marchioness,
who expressed her gratitude fur the W.O illation, mid said
that the house in George-street (that iii question) was
freehold. Mr. Sandi was sent for; and she either wrote
her name or sear:iced the signature, and said it was her
will, on which it WAS attested by the three witnesses iu
her presence.
On leer cross-examination, Nits. Tomline said that the
Marchioness only sighed one of the sheets, nos could she
identify those °Mei b 111011 Weed as flue ►arse which accom-
panied the papers attested.
The Bishop of Winchester, being sworn, expressed his
distinct recollection (Wall the circumstances stated by his
lady, as attending the execution of the will.
Mr. Smith, the other witness to Use execution, gave the
same account of all those Mt cunistauces which took place
atter his at ival.

The papers endorsed " Last Will and Testament of
Alm( hioness ut Thottiond," wale put its Mid portly
Iced. The passages at the beginning and conclusion of
the sheets wile evidently cu 111111111 l in sense, and there
was no peen:n:oy bequest in the last paper to which the
6,0001., alluded to in the last paragraph, could be applied.
The Lord Chief Jtv lice said, that, iw his juilguunt, it
was matitely a question of fact fur the Jun, whether the
Alarchimiess re-published all the papers pi odueen as ber
will, or on%, the last of them.
at contended, that the evidence did not suffi-
ciently [''use Ilse identity ul the ['ape's.
The Lord Chief Justice felt nu hesitation in leaving the
whole case to the Jut y. Unquestionably ape I AIM might
w rite his will on different sheets of paper, without attest-
ing every sheet. Unquestionably, also, it was lilliareeb3.lll
that these papers should be milted by was ur siting I it
was enough if they were all published as one entire will.
Whether the papers in question were so published, the
Jury avoid decide, from the parrot t at.d etuuectiou of

183

the documents themselves, and the highly respectsnie
evidence Which they had heard ; and if they were of upi-
nion in the affirmslive, they would find a verdict for
defendants.

Tl,e Jury immediately found a verdict tor the Wen-
dimity.

FRIDAY, .TUNE 7.
This being the first day of Trinity Term, the Lord
Chancellor came to the Great Hall, in Lincelu'a lon, at
an early hour ; at half past ten the twelve Judges, the
Vice Chancellor, the Master of the Rolls, the Attorney
and Solicitor General, together with the pilot:trait:omnd
of the several Courts, visited ein his Lordship., and having
taken breakfast, proceeded to the Courts at Wcstmin►tei,
which were opened wills the accustomed sulemnitits.
COURT or KING'S BENCII.—Judge Best having taken
Isis seat soon after 12, Se ttttt el Waddington was calk d ou
to plead to an indictment charging him with vending a
blasphemous libel, entitled, " Palmer's Principles of Na-
ture." Thais work Is prosecuted by the Society for the
Suppression of Vice, and Waddington pleaded Not Guilty.
He was then taken away in the Keeper of Newgate's
CRtdtIN&L INFORMATION.....Mr. Campbell moved to
file a criminal information against a magistrate of the.
county of Glamorgan. He did out wish to mention the
mime of the gentleman until an opportunity was given to
be heard in his defence. The applieistion wa■ made its
behalf of Mr. Win. Perkins,an extensive timber merchant
residing in Glamorgan. On the 7th cl July he enterel
into an agreement with two persons, named 'retry and
Rice, to buy 283 feet of oak timber, which 'ferry had re-
covered by the verdict of a Jury. The Ibtli of the 01011:3
was appointed for cutting down the timber, and Snot. was
to be paid as the price. On the 7th of September the first
instalment was to be paid. On the 29th of April, whilst
lie was cutting down I l 2 trees, he was stopped by a stmt.
mons from the magistrate to answer a complaint snide
against lain. He attended next day, and found that 1.11
information had been laid upon the nth of George 111.
which gives a power to coconut persons cutting down a. 1.1
damaging young trees, as rogues and vagabonds. He
eters d to prciduce the agreement for the purchase of the
trees, and a bill of eachAuge whirls had been paid as pats
of the purchase money. 'llse magistrate retueed to re-
ceive such evidence, or lake notice of the agreemenr,
saying, •' I take nu notice of agreements: This is an im-
pure Court, and I shall convict on the evidence of Rohl.
Thomas and 1). Williams, the informers.' Mr. Pet kins
being advised that the couviction was illegal, refused to
pay the penalty. He was then committed to the county
gaol for one month, and in order to avoid the disgrace, ho
paid the penalty, with teats.
'llse Witt granted a rule to shew rause.
THE RING V. RICHARD CARLILE.
Mr. Cooper moved for ■ rule to shew cause why the
late Sheriffs of London, on notice given to their Secretary,
should not sell the books and property of the defendatit,
distrained under the writ Lauri facias. He applied to the
Court in consequence of the return made by the Shebat.,
which stated that they had seined the goods of R. Cat hie,
and sold the same fur .541. 7s. It then went on 14 state,
that they had levied other goods and chattels of R. Cat -
hie, value unknown, to be disposed of as the Court shall
direct. The learned Counsel said lie considered this an
extr,ordinary return, and lie was at a lose to know
the SIMI itt had made it. The property he refu►ed to 5.,1
consisted of books, many of which were moral and e
face from objections. One of the woiks was ISlailOp
WaliOU'S Apology for the Clitistiati Religion; auctilier
work was the speeches of Mr. C. Phillips, the banister.
The uncertain state in which ibis property was phased
could slot fait to be injurious to the defendant.
Ono* Justice.—You missy mo►e to quash it fur a fa:se
worn.

Ai r. Cooper.—Then we shall not be able to sell any of
the books. flit defendant is in prison, to reinain
lie pays a fine of 1,00)1. Now the only IlleilllS he ha.
paying this flair is the sale of his properiyotaid if tfa.
ais keep these goods, it is intiousaiule lie eau 114VC 11.0
beinlit of his property.
Chief Justice.—We may say tine return it hid, and or-
der another. Take a rule to chew cause why tins rviJ, u
should nut be quashed.
Air. Cuuptr took his rule in that form.

COCIIT OF COMMON PLEAS.
WEDNESDAY, JUNE 5.
A TAILOR'S DILL.NIG/ITING ALE V. HIRST.
The plaintiff Is a first rate tailor, in the west rod of the
town, and brought this action agaiii.t a first rate hear, to
recover 1101. fur goods sold and delivered. A UM lard
been run lip, in two ttttt nibs, for It 11.
Sergeant Pell divided tile fairness of the price.
TIM foreman proved the delivery. Amongst the arti-
cles was a pt Esse fur a lady, fur which the ge
501.55. I There was also an Item of 121. fur a mu,
gown. 'those articles which witness iiitt cot delisei • e
saw on the prison of defendant. •
Cross-examined.—Could lull breeches of his own 11111/t^
upon a gentleman, iu the auto, by the bay of them hr-
lure or behind.
" Were there not two of the coats that did not
They did not lit the head!"
" The head! 1 thought coats were usually made to f.t
the 'Judy."
Witness begged lie might nut be compelled to dise:t.P.c
secrets of traile.—The question was pi essed.
Wittiess—•• We often make coats which lit exceetfart:'y
well, but sume fault is f I, and they ale sent back 1., :te
altered. 111 slick a CASe, we say they du not tit the to .
We keep thens a proper time, sod then sellti (hell{ tl
untouched, 'Alien they are forrod to be jug toe
to fit dt•liglifully.
Part of the bill had been paid.—Two e.-:triesses
the prices were most moderate.
Sergeant Pell called three tailors, who swore that tt e
charges wile li too high; (.1. us. should iletVC b., a
charged lur SI. la , and SI. Ss. iv•trad of 141. It.. ;
would have been fait for the peli.se, without the 'a;
trimming.
'the Stills sought fur was 1101. The witnesses fer
defence tlruught 711. a iu upeu charge.—Verdict,

William Gosling, Esq. of Cie house of Gosling
and Sharpe, nominated by the Lard Muyur at me
Court of Aldermen, on Tuesday last, Isir the uth.v
of Sherif', has paid his tine to be excused
the rind tiUce.