The National Register.
London, England, 1814-03-13 00:00:00

THE NATIONAL REGISTER.

174

LAW INTELLIGENCE.

COURT OF CHANCERY, SATURDAY, MAECU 12.

PRITCHARD V. lIFIVT.
In this case, Sir S. Ronaldy applied to the Conn on a former day f r
en injunction, which lie obtaine , to restrain the defendant trom-pr, •
ceeding upon a bond and warrant of attorney of the plaintiff,held
ol-
by
the defendant, which. it appeared, had been granted uidtr thhe-f
]awing circlitustatices 1806, plaintiff, at that time a young man/
of V. 3 years of age, applied to defendant for the loan of 6(101., for
which he agreed to pay 15001. six months after the death of a Mr.
Butler, at that LiTht. 68 veers of nee, and at whose death plaintiff bad
stern expectation:. Defendant ativatked the money, and received
plaintiff's !mud for 1!)001. at the time mentioned. Mr. Boiler died in
•October 1806 HAI defendant immediately applied for the payment of I
the bond. necessities, however, still continuing, he ap-
lied to detentions fur further time, who agreed to give hint five years
longer upon his giving a new bond and: warrant of attorney, and agree-
ing to pay the interest of 15001. half yearly. The bond and warrant
et attorney were given, and the interest was regal:illy paid. The pre-
vent application, however, was made to restrain the defendant from
acting upon the bond when it Ihuuld become due; to call upon him to
account for the monies which t.e had already received by way of in-
kiest, and to ply back all which he had received above the principal
aunt of 6001. and legal interest thereon, on the grounds that advantage
had been taken of the necessities of the plaintiff, to induce Lim to nial,e
an improper transfer of his reversionary interests in the property of
/dr. Butler.
Mr. Hart now applied to Irate the injunction dissolved, on the
grounds that wlintever objection there might have been to the original
transaction between the parties previetis to the death of Mr. Butler,
those objections were all done away by the subsignent engagement
tatter the death of that gentleman, and wLcn lie had the interest in
possession and not in reversion.
The Lord Chancell.,r observed, if the transaction bad stood hi its
original shape, and on the original bond, he should have had no diffi-
culty in continuing the injunction; it would clearly have been a sale
ef his reversionary it.terests under the pressure of distress and embar-
rassment. The only difficulty in the case was the new arrangement
made alter the death of Mr. Butler, and which, it was now contended,
swag confirmatory of the original transaction. He ti 0111.(1 take an op.
yortunity of looking into the cases which had been cited, and give his
*pinion hereafter.

MARCH 13.

But, sh ! I tuned it to my private gain.
I }might my horses at a lesser rate,
And charg'd my country to the HI amount,
And ev'n the ti od those horses should have cat
I savq, and plac'd it to my own account.
11, said the Learned Seijeant, •Mr. Montague Bui4oyne had been
guilty of this conduct, he would not only have been Unworthy to
have stood as a candidate to represent the county in Parliament,
but he would have been unfit to sit in the lox from which he had
just retired, administering' the justice of the country as a Special Ju-
r)man. Bnt this was not all ;it went on to add,
Sworn to protect the soldier's lawthl tines,
On all his dress a guilty price I laid—
Cloaks, jackets, leggings, biceches, gloves and shoes—
From his scant purse to me a pistole paid.
This, forsooth, was only to .be considered as an electioneering
squib, which thrust at the vitals of Mr. Burgoyne's honour and
character. He was the last man, and so was Mr. Burgoyne, is
quarrel with mere electioneering squibbs. There was one at the
bottom of the very libel in question, which, if it had been all, his
client would never have quarrelled with. It was thus :—Elections
eering wit—" In times like these," said a freeholder, " we require
men of energy and spirit ; in short we want fried men, and no up.
starts." " Theu," said a wag, " choose Mr. B. ; he has been twice
tried." TheAc sort of paper pellets Mr. Burgoyne would never bare
noticed; but an attack upon his honour and character he wa•
bonne! to vindicate. He did it from no vindictive motives—and he
would now make this otter, if Mr. Kelham, the priuter, would give
up his author, no evidence should be given against him, and Air.
Burgoyne •.vould even be satisfied with a proper apology from the
author; but if this oveiture was rejected, Mr, Kelliam must, here-
after, on the floor of the King's Beneh, answer for this publication.
He had said, that the author had indemnified likm against all conse-
quences, lint be would find that there were cousequences agains;
which the author could not indemnify him.
A Mr. Hodges, an attorney, proved that he went with Mr. M.
Hnrgoyne to the shop of Kellham, who acknowledged that he print-
ed and published the paper, but said lie was iaiunnified, and refused
to give up the author.
Colonel Burgoyne stated, that he formerly raised a regiment of
Fencible Cavalry, wine* he conimandcd : that be was twice tried
by a Court Martial, and was' acquitted of the charges brought
against him; but he was censured for an irregularity in changing
two horses, though the substituted horses were better.
The libel btiug read by the officer of the Court,
Mr. Nolan, on behalf of the defendant, addressed the Court at
considerable length, and contended that this must be considered, as
an ebullition arising out of the heat of a general election.
The Jury found the defendant Guilty.

POLICE.
...4,swobwm.

Mastsroiv-itetist.—Alexander Mitchell, a wretched looking Cale-
donia*, was yesterday charged en suspicion of intending to steal
some article of property in the counting•honse of Mr. Vermeil, in
Timrogmorton-street. It appeared that he had frequently been seen
lurking about the premises in qntstion, and bad once, on being in.
tcrrnpted in stealing a door-mat, knocked down the young man who
bad :.poken to him on the subject. The frequency of thefts commit-
ted in the counting-houges in the city, EIA well as the unsatisfactemy
account which the prisoner had given of himself,, led to his appre-
hension. He was remanded, to bring some person to speak_ to his
character.
&writ ALL—Mary Bromley, a I'uphian Nymph, was yesterday
charged with stealing a 51. note from Win. Jordan, a private in the
guards. The prisoner, it appeared, had inveigled the complainant
into a public-house in Fleet-street, where, by her attractive arts, she
contrived to draw the note in question from the fob of the soldier,
and escaped with her booty. The property was missed, however,
and m.he was followed tea neighbouring public-house, where, .by the
assistance of a constable, time whole of the money stolen, with the
exeeption of eighteen pence, was recovered. She was sent to Bride-
.well for a month, as it was probable the soldier could not stop to
town to prosecute.

On Friday week, the bank of Messrs. Sheath and Son, at Spalding,
wasentered by some villains, and robbed of nearly 14001. This
daring act was committed in the middle of the day, while the agent
was gone home to dinner. The thief or thieves luckily missed ex-
amining:another drawer, iu which about 30001. were deposited.
Three aen, called bankers; have inell taken up on suspicion,