The National Register.
London, England, 1819-07-25 00:00:00

1.01t13 FOAFTESEURY V. THE DUKE OF MAY LHORO

Sir Arthur Piggott this morning called the attention of the
Vice-Chancellor to the motion which was !wane the Court upon
a former day, on the subject of the gold plate of the Duke of
Marlborough. His Honour on that occasoun made an order,
that his Grace should put in his answer to the supplemental bill
tiled by the plaintiffs. by the next sand. His Grace had only put
in his answer this morning, so that no opportunity had been af-
fordvd for con4dering its contents. His (Sir A. 11,44rit's) nhjevt
in addrew,ing has Honour now, was to allow a short time for the
plaintiffs to read fie answer, so that furthet nteansctiviu be taken
lot obtaining the obicet they had in
Tlae Vict Chimeellnr.—You misunderstood me upon this mat-
ter. I was desirous, in the view in which this case had been pre-
sented to the Court, that id( Grace should have put in an affidavit
Hr had suffered the period for putting in his answer to elapse.
Mr. hell apprehended that the answer would be found to ism-
twin a th,clostire as Lull and complete as could have been had by
an affidavit.

Sir A. Piggott wished die motion to stand till Wednesday
morn ing.
The V ce Chancellor said. that for the purposes of justler, it
rn'ght he an well to have the answer read now, a* in all probaibi•
lity the plaintitfit would hive to amend their supplemental bill
before any order could he made. It would be wising time to
have the answer tea I now.
Mr. Bell then real the answer of his Grace.
It commenced by admitting the title of die plaintiffs to file
their bill; and elso that the late Duke was possessed of divers
pieces of old family plate, and of other gold and silver plate; that
this had been conveyed in told, in manner set nut in the plain-
till's bill ; ar.d that he, the defendant, was left heir at law, and
customary, heir of the said Bloke. After sate other admissions
as to the facts set out in the bill, the answer then admits that the
defendants did, about three months ago, cause the whole of the
gold plate to be removed from Blenheim up to London by Thos.
Triphook. us his agent, fur the purpoe of raising money on this
defendant's right and interest in rich gold plate tor ti few months
only; and also for the purpose of hating the new aims of
Churchill, lately taken by this defendant, engraved thereon and
that this defendant intended having such anus engraved thereon,
to hate suds engraving finished-, and the said plate produced at
Blenheim by the 13th of August. that being the anniversary of
tam battle of Blenheim, when the defendant intended, ow he had
before done, to entertain his neighles e s. The answer then goes
on to state, that in consequence of dtstresses arising from tinge-
tion, the defendant being greatly pressed for money, and par-
ticularly to pay the workmen employed in the grounds ut
Ilk:aunt-house, he had instructed the said Thomas 'lniphook to
deposit such plate with some respectuble silt erainith, to raise a
sum of inanity to enable this eleflndar.t to discharge the arrears of
wages due to the said workmen, anti for other pressing occasions;
that the said Thomas Triphook undertook to raise sewn- nxiney
tor this defendant in manner last mentioned. And this defendant
solemnly declares that lie never authorized the. said l'ltomas
Triphunk to sell, pawn, melt, or to dispose of the said plate
otherwise than in manner antics:yid ; and that in case he bath
otherwise disposed thereof, this defendant was not in any manner
privy or consenting thereto, and would not on tiny account have
permitted the Mille, or been in any manner instrumental thereto;
and this defendant verily believes, that the said T. Triphook has
been himself deceived, in case the same hath ever been offered
fir sale, or pawned, or pledged, or melted down, or destroyed.
The defendant then stated, that he had been intlinned by
hook, that he deposited all the said gold plate with a silversniitli,
(excepting one plate, one knife, one fork, and one spoon. which
this defendant delivered to 'rlicimas Rentmett, a workin jew-
eller, who had i reviously engraved the wrote of the Blenheim
silver plate, and which he had since gut Lack into Lis own pot.
session), for the purpose of hiving his new aril,. engraved thereon;
which silversmith lit ed in the neighbourhood of Lincoln's-inn-
fields, and had dettenited the same in the hands of some banker
for safe custody. The names of this silversmith and banker the
defendant could not of his own knowledge state; and Triphook
lal refused to communicate the name to him. And this defen-
dant oath, that haring been informed that anne of the said plate
seta offered for sale by persons in whole hands it had got, after it
had been delivered to Triphook, he immediately ;sprite' to hint
and stated to him such information, when the said Fs Triphook
expressed himself shocked at the circumstance, which he said he
had also heard, and awsured this defendant that he had. immedi-
ately upon hearing thereof, taken away the gold plate from the
person or persons who had so offered it for sale, and deposited it
ni other hands. The answer then admits, that in eon:sequence or
tic defendant's instructions, 'rhos. Triphook had raised 1,2401.
or 1,3001. on the plate, for the use of the defendant ; but lie de-
nies it to be true, that he dish by meant of T. Triphook, or any
other agent or agents, intentionally ot knowingly cause any part
of the said guild plate to be offered for sale to Alr. Guest, to Air.
Aibion Cox, or to tiny other person ; and in case the said Thos.
Triphook bath of ered the same in manner aforesaid, lie did so in
itil Ilion of this defendant's instructions. agaitna his wishes, and
without his privity. Ile added, that he was unable to inform
the coniphunatos where the plate now is. that he did hot collude
with the said l'lmmtir Triphook, mid that although he ellrinnt
believe 6%101116W hOth been disposed of by the said 'f.Triphook,
so as not to Le forthcoming side and uninjured, yet if it should
appear otherwise, lie was most willing to submit to indemnity
the tztarttor's estate Mr the value thereof:
The Vice Chancellor.—Was Triphook a party to the supple-
mental bill ?

SirA:ibil.:gott.—Ves, my Lord. and be brei made no on..r.
Louour will rcuillect that 4tc wrplicd fur time thrctigh his

THE NATIONAL REGISTER.

Couniel,•Mr. Wakefield, until the answer of the Duke of Mari•
borough altoilkl be put in. He now has an opportunity otieeing
what the Duke has said, and he can *haw htv affidavit according
to that answer. _

__ ..._ ..... .. _..
The Vice Chancellor.—l am only considering how I can mach
this case with most safety and least delay. You are entitled, from
the Duke's answer, to tile immediate delivery of some of these
articles—l mean the gold plate, the gold knife and fork and
spoon, which be 'schema to be in his possession. These I shall
order to be immediately delivers(' to the :Stager. If .Ir. Trip-
hook hal been set vAI with the injuriction ordered by the Lord-
Chancellor, as I presume he has been, he will of course, not ven-
ture- to disobey it. if these things should not be forthcoming, I
think. in a case where they may have been removed by a party
entitled to the profits of this estate. that a Court of Equity has
the power of making that person restore then* out of Muse profits.
You will take you. immediate order upon the Duke to deliver the
articles, which he admits he has in his posiewion, to the Nlaster :
and that the plaintiffs shall have time to amend their suppleulelitili
bill, fur the purpose of enabling the cSourt to net iu such a man-
ner as to enforce die restoration of tl.sr property out of the seem-
ing rents and profits, which I cannot l 0 its the bill is novaramed,
Mr. Bell.—Your honour need not make a Eternal order, as I
am sure the artistes of plate alluded to will be immediately de-
livered as you may direct. I ant not aware how the Master's
office may be provided for tho safe custody of such article's.
The Vice Chancellor.—They had better for the present be de-
posited with the bankers of the trustees.
It was finally ordered, that the plate, knife, fork, and sisson.
in the Duke of Marlborough's possession, should be deliveredup,
and that the plaintiffs should amend their 15:11, without prejudr:e
to the injunction already granted by the Chancellor. Mr.
Triphook will now have to account for the statement which he
bas wade, so muds at variance with the answer of die Duke.

SCOTCH.JURY,COURT, Jrcy 10.

Frit101:111 DRIVING.ALLAN• V. SPLIEISH AND OTHER s.
This issue in this c .se wus as follows:

--
•' Whether. on or about the u th day of July, 1818, the Wa-
terloo Goo ch. of a hick the defenders are proprietors or contra.:-
tors. was.oyertumed ber..wis.t the North Queensferry and lover-
keithing, in consequence of the negligence or ianimorter conduct
of the igsaclituan or guard. whereby tr.e tts:rseer, Mon a p.,ssenger
in said math, suffered bodily berm."
The danttn,res were Led at, for medical expences, 2uol. ; for
soiatihnt, 3,n0n1. It appearod from the eyinenee m this
that the pursuer, on the 25[11 July last, was an outside passem,rer
on the Waterloo coach, !tinning to Perth; the: after crossing the
ferry, and between it and the old toll-bar, where the road brancoes
off towards Dumtcrline. a one horse gig. having in it two persons,
attempted to pass the coach ; the coachman was excited by sevc
nil of the passengers, and amongst them the pursuer, to keep
before the gig, and put his Isirsai to the .alloy, though desired
by. the guard to pull up ; .whilst driving at CU, turious rate, and
turning a sharp angle of the mad. the coach as ,et. a.td the pur-
suer. with other pe:sengers, was dreadfully hart his left arm
was dislocated at the shoulder joint, his leg dreadfully maimed,
some hard substance about the coach having perforated it through
and through t:ear the Gas lacerating the tendons and blood ves-
sels so much. es ttl put his life in the most imminent danger, and
Dr. Thoinueuts deposed. that even at title time he W. 1.3 nut out of
danger. and that lee thought the amputation of the leg n,ust uiti-
utately
Mr. Jdiary replied for the defenders, and celled three witnesses
whose testimony was intended as a mitigation of druitages, and
went to prove the fact of the ?tester exciting the coach nun to
pass the gig thy which the thertkow was oecasioned).-- One wit-
❑ess stated Mai the aezident occurred by the wheels passing over
a stone t but on cross examination, being askutt'she size ut the
stone, he said, it was an, size at •oil.
The I .ord Chief Commissioner summoned up the case with his
usual perspicuity, stated the beatings, ot the evidence ou each
side, when the Jury tetired for a short time, and returned a ver-
dict for the pursuer. Damages, foe medical expenees, guts'. and
for zoiasiton Itatul. The trial lasted eight hours.
FARM F.F.IIVANTS' WAGES,

IMPORTANT' DECISION.-MAVOLARUAN T. TIDE DUKE OF

AT U 0 L.
Macglashan engaged himself as a farm servant to a Mr. Moon.
tenant of the Doke. if Athol, for our year, from Martimoas,
ittt7, to Martinmas, tat& In August. Dila, the tenant's clop
and stocking wereseqiumered for rant due to the landlord. TM
servant applied to the Sheriff of Perth to order the Duke to pay
his year's wages Dol.) out of the proissls. The Substitute
preferred the servant, but the Depute held the landlord's hypo-
thee to be the preferable riot. The sei yam iiiptaled to the
Circuit. Court of litaiciary.
lantl the presiding Judge, was of opinion, that the
servant ought to be tirefencd t but as the practice on this pot IA
seamed to vary in different counties, hi, lord-hip cer6fiesl the
case to the First D:rision of. the Court. It was there heard
fully ; and the Court have decided unanimously, that farm Stl-
vants are to be prefir.red as creditors for their (Intent sages to
the landlord, whose right of linoti,re must r.ow Yield through
the whole of Scotland to this equitable and preferable claim.
Lord Ilerinand said, tile crop was erected by the labour or'the
servants, and that it was the interest of hualleres the rast.lv; that
the wages of sitch labour sla.uld be labile preferille.
I.nal Dalmuto corcurretl.

Lord Succoth remarked. that the rent is ptoduced by the crop,
and the crop by the labour of the seri ants.
Lord ii.dgray, and the Lord I'reaident; on more than one prin-
ciple, were of opinion, that the rircistun of the Sheri:V. should be
reversed, and ti.e appeal auatainetl. The Court gave expellees to
the story:int.

According to accounts from Berlin, an anony-
mous letter has been presented to the King. of Prus-
sia, in which his Nl:o4y is ternestly ailvietl not to
permit the celebration to the memory of Kotzebue
to take place at the Berlin national theatre, on the
ground that the results may prove very serious.
A deputation from the Female lit thrmers at
Blackburn paid a visit to Manchester on Munday.
They paraded different parts of the town; but part i
cularly the neighbourlicod of Newtown, is the
costume which made such an impression oa the late
Blackburn meeting. Tney afterwards :minded a
meeting of Female Reformers at the Union room,,
in George Leigh-street. We arc informed, that at
this meeting, Mrs. I—, Mrs. W—, aad other radical
Amazons, harangued the audience on the usual
topics, and at considerable length.
During the heavy fall of rain on Tuesday even-
ing, the drains which convey the water from llyde
Park, aad the upper part of Piecadil:y, to the
Thames, were overcharged, and all the rooms in the
lower part of Buckingham-house were inundated,
some of them to the height of more than two feet.
The kitchens of several of the houses mar Back-
ingluan.gate were filled so high, that tl.e water put
out the tires in the grates. It was not till midnight
that the water had entirely subsided..