The National Register.
London, England, 1817-11-23 00:00:00

PHI DAY.-THE NINO •. T.J. WOOL F.R.

Mr. Wooler appeared in Court for the purpose of moving
fur a rule to slim cause, why the list of persons named by
his Majesty'. Coroner and Attorney to form the Jury on the
trial of the information against him, should
.not Le cancelled,
on the ground that such persons have been improperly, ilk.
gaily, and partially selected by the said Comae'. and Attot;
Hey; and wby the sheriffs of the city of London should not
again at tend the said Coroner and Attorney with their book
or list of persons qualified to serve on Juries within the said
city, for the purpose of .18 persons being named for the trial
of the issue joint d. 'Phis application was founded upon titres
affidavits which Mr. %Voider put in, and they were read by
Air. Itealtry, of the Crown office. One was of Air. WOOlte,
and the other two of Mr. C. Pearsall, his attorney.
They went to prove the partiality comr 'dined oE—lit&
Gruntcti.

COURT OF EXCHEQUER, Tr ESDAr, ?for. 18.
SIR *ATKIN LEWES V. JOHN MORGAN.
Mr. Afar now replied to each of the arguments nrged liy
the counsel on the other side. Ile contended, that all the
ingenious reasons advanced for the defendant'a claim, were
completely met by the single consideration, that the defend.
ant had been only the attorney, not the mortgagee of :lir
Watkin Lewee. if Mr. Morgan has any debts again'id Ste
Watkiu Lewes, let I • site for them as any other creditor.
With the mortgage he had no other connection than in apply
Sir Wittkin's money to the discharge of it. This view of
the ease was supported by all the facts in evidence, and was
&Ally established by the solemn judgment of the Lords.
Mr. Baron (',ratan said, he was now quite ready to declare
his opinion 011 this case. Two considerations amide him eves
desirous ef embracing the very earliest opportunity of. de
daring it. This case had been so long in the Courts of law;
as to affind 10111i2 ground for censuring the administration of
justice in this country. Another consuls., at was, that he
had now so tboreugWy eamaint 41 all the facts of the ease', and
so defile:lately made tip his mind as to the law mid justices
of it, that no reasoning could shake his °pinkie. The simple
rinestion berme the court, in h s appieltresion, was, whether
the mortgage was really redeemed by the plaintiff, Sir Wat-
kin Lewes:' .if it was. nn reasou ceabl be des isedwhyslie
motion to restore the mut tgaged estates Amidst be relesed.
That it was, seemed even to be admitted by the dilfeudant
himself. twin it was, that „the Lords, by a suit jolt('
'tient, pronounced the sums nova claimed by the dr findaut to
be no part of the rtiorigitge. What objections, risen, are
stated 11 the defendant against the prose id motion? It has
been said, that the defendant has en eqiiitaide snot tgage on
the estates. The attorney for the plaintiff has had the plain-
tiff's (Indica frit' mo'-‘ than year, to ray ale uutrtg.igeof
his own management. The mos tgage is paid of IS years ago,'
and vet the attotssey rarities to restore the estates, and 'Sas
be has ant equitable matte-tee on them. this is to make
equity the foundais ai of the moat flagrant iniquity. The do.
feudant Intetupts id? represent, that ;1.-1001. and 1,.3801., ad.
sauced by him, formed a part of the original mortguge. This
shrfiling artifice was lon palpable to he successful. He %pub&
style this a candid imposition, for Mr..''.loittati's own accumits
expesed it. In 1715, the tem igage was eunipleied ; awl its
I/70 Mr. Morgan wall 'possession of inure time a.OOOl. of Sir
Witt Lewes's motley.. 'the learned Baron her went over
th, various colcuLtionS in the account to establish this sieve
of that part. of Bus case. Mr. Morgan had mutt up with his
acesitiut to 13,0:101., but he was obliged to let it down to,'
8,0001. Then as 10 the tectivership, it appeared tirat ru-
es ivers had been lippoiuted by this Omit; and by a WOll-
- Mr. Morgati,, hid beeis ordered to pay,
over to hint. At la,t, un the misconduct of one or twu.llo,,
irritel FS, lie, by a triek. got hiMss If 41.4pinied reedier. 14
this situation It held Sir Welkin Lev, et's estaies, and reeciv.,
ed all the rents and profits. Mr. Mom gun complained aloud"
hips in having beeii out of his man, ; the hardship was all
on the other side. Nothing iii the shape of litigiouatitstress
could be mote atrocious than the protracted distreas with
which Sir IS'atkiii Lewes had been atflicted. Ever since
1777, lie had received nut one pt nay from lis Urge estates,
The inmost amount of ehrineragainst him were 13,0001. Ths
sent% of his estates wets nut less than 1,1601. a. year. For; '.
period of nearly 10 years, shim, bits Mr. Motion heels reedy.
mg 1,5001. a year in order to pay off 13,0b01.; and now lie
exclaims Against the hardship of being depth ed uf these el..
tatee, and of the injury he has sustuisicd by bring so long de.
prised of his woury. All the delay. all the opposition to the
settlene 1/1 proposed in the.-bill of titei, has been created by
the awl now be complains of that ill.lay. With
respect dies clot e, to the restorisuoir frt. the estates, he could
not entertain a doubt. ll' there wart tin prVcoduni, lie would
' a its titll coutitlence stake his repulatent nputi the justice of
this. A mortgage, a pledge, is redeemed ; is it possible to
deny the justice of restoring the pledge, of dissolving the
mortgage t But theie were precedents. Cases of this kind
occurred every day. 'Limn fot t., although ho knew that the
ease mould go to a higher court, Itediad no hesitation to order
the estates to be tin Matadi r.-stored. If he was stippotted
by his briehers, he would older the rents and profits to be
pied to the plainutt also forthwith, but lie would order the
money to be paid tato court, within a certain time. This
wound accelerate the ',fumes§ of the further steps in this
Case.
Baron.Wcod was sorry to be unable to concur with his
learned Mother. Ile Mom. lit it was preinotole and danger-
ous to decide opium the ge real 9110,11011 111.111 die accounts
lietnerm Mt... Morgan and Atkin Lessee were finally
cleated up.
.%11. ltai on. (farrow thought his situation one of the most
ilitheiiit in which any juotge could he newest. He had seas rely
tali., it Ins beat oa that bench w lice this ease came Letore
lie .114 ii them sant vShat had since been t reyeated that 4
• •

NOir.

isasF, so long protracted, and so afflicting to one of the parties,
ought to be decided witlmin delay. Oii should
day by day to arrive at that deceaon. Of this ease it might
be said in the ostract, that it was reproach to eltiakiiti..
tration of justice in our Cirorts. It had presented, then, a
apectai•le peculiarly affecting. A gentleman who bad passed
with honour through the highest "awes of ingest me?, Willi
his wife, the heitess of large estilev,lying"ist eentinedierit, in
penury mid distress ; lsiniudf, at the saittellitte,Vlti Itie'e,„ye of
Lein; dein ;veil Mr.ii Mike, vshich rd.
low ei,i?.en, had ra net" ell neon him ;--This
doted Is' I to Mint, 11..11 a Aeci.sion might to 'fie.'glet:ll. wit:,
all pos•iale speed. lie toad mot known tie cafes` 4tii he was
refere,.,l lus v0'11111'11.14% lie ha I now
read, and fro it which, mid froth the plqui.ints on bo:li s,
conducted with the grea afetilty„fie Eris tid‘iv to give
hisilecided gave nem eery greet dsifer
froin his learii,el brother it lio spoke I.lw 't lie fll.t scaninent
lie felt on en; eying Wes • 'der-nail was that of respect i„,
his CUIISIIIIIIgie aoiltly allti high
his COllduct miner Ilial period, his respect was converted i
the profoundest vetieraiimi. It was, 11144(d:ire, with lode..
Vain that he now differed from him. the learned timoi.
then toot, a rapid view of (lie principal points of the Lase,
and gala. nilliont entering particularly into the conduct of
parties, or the terms that 4i:tonged In them, that he
adopted every sentenee of his neoilier :tole lad
conviocing sp ieels. The term be had used, when lie charm.-
terized Morgan's conduct „candid imposision," was
one of the happiv•t terms lie hail ev r heard in an.
court, and the most applicable in this place. His learisesi
brother, Wood, had said it %%Ai not likely Sir W. Lewes had
been deceived. He nail been a flartister and Alderman of
London. it vas by sin Illt•an: clear, that a liar raster, mi
derma'', a man in' talents and e‘perietace, cools' .10! be easi,y
imposed en by his own iitiorney. It should lee rerollected
that he was disitesseil awl confiding ; and distress and confi-
deuce are the very cireitinstalices that expiiiie a Mall to lira_
position. One great lesson taught by this ease was, 111•1
uttoriiies and solicitors, however Illuy may shape and rover
their proceedings, will 1w called to dert.lllll ray a court of
equity. Another lesson firm 11 W • i!te nere.s,l)
ceiling in a third person in oil 1111114del• of illi• nature be-
tween a gentlemaii and Ins attorney. lie concurred in tlie
order of his brother Graham. "Elie only leg's, usa he kit
was, that it had not gone far enosigh. Ile should a,sh ,hat tar
money shook' be forthwith paid to Sir Watkoi Lewes, et•
suitable relief for the dishes. and privation of .0 lung a
period ; but lie joined in tordcrifig that the Money be paid
into Court Within a certain period.
The nisi 11.1) oI u.•%1 lei .ii was theii fixed on for paying the
tent and 'minas into Court.
Mr. Agar rose ho ask whether they were not entitled to
Snake 'rests in the account of reins and profits.

Mr. Iliron iham.—You hid better taLe the order now
as it is, mid not embarrass it by any illnision to tin Om Sitllll iu
the proceeding.
After sum' curroiltation, it wis agreed to take the further
steps in the cue in cousideranon uu Sdtitiddy nest.

iTORRII) EVENT.—We copy the following horrid catastrophe
from The Leeds Mereory of Nov. 15 :—•• In our paper of last week
we stated, nun Oln Nlonday. the 5d inwt., tour persons were found
dead in a poor cottage, at a place called Dean-lsom.e, in tee parish of
Stainland ; that three weeks before tiley had lost a daughter, who
died of a malignant fryer, in consequence or which me neighbours
hall been afraid to visit them; and mat the overseer in 11.,ohiezal, ice
the neighbourhood of !Wilily. to which place this unfortimate tawily
bdontorcl. had neglected to atfonl them either relief or a.asistainee,
and that it was generally believed that they all perWit3l of famine
And disease. Since tint time we have received ;mother letter titan
our cone: pondeut, in answer to certain inquiries we addressed to
in which tne following further particulars• at the perusal of which
the blood curdles in our veins, are communicated :—When .lo.cph
Tweed, the lie:id of the family was found, says our wriespontlent,
he was laid upon his bed in a miserable chamber, with in inhint
child two years old. who, like himself wad a ►ifcks, corpse, clasped
in his anus. Hid Willi Will laid deal in the lower room upon the
hearth, having divested herself of every article of clothing. with one
of her giind-children, who was still alive, stretched upon her body.
The daughter of these wretched parents, who was lg years of
roused probably from the stupor into which want and sickness hati
plunged her by the dying groans of her mother. appears to have at-
tempted to make her way down stairs. but her cnieebled limbs re-
fusing to peiform their office, she had fatten, and when found, her
corpse was laid stretched upon the stairs with her head downwards,
and one of her feet locked against the stairs and the wall. Tao (lays
after this horrible discovery, four eoffins, provided by the ovee,ceer,
were sent to the house, and the balsa at use demised being plmod in
them, they were put law a bear.e sod cart, and conveyed to Dean-
head chapel, where they wet e interred aiihout any inquest being held
over them, and without any invectigation whatever having taken
place into • the tircuinstances of their death.' tVe have felt nto be
our duty to lay these he.trt.n•nding facts before the public, and we •
now callopon tile magistracy and tile coroner of the district to dis-
charge tl.eirs."

The following fatal accident is another example of the folly and
danger of using cantles in coal-mines :—'flic workmen in the coal-
pit in the Newton-green, at Ayr, lately went to work with candles;
when the fla•ne of the candle of one of the men who wa. working
apart from the rest came in contact with inflammable gas, and by the
explosion the man last mentioned was killed on the spot. Another
man, who was working in another part of the pit, oil hearing tile ex-
plosion. instantly ran to the place from whence it proceeded, to assist
bis Idiot/ sva&nen, or to see if his two sons who were at work near
the spot w e:e sti ; and fie also was surlbeattsl to death. The two
tams newever, and the other workmen in the pit, escaped urdittr.—
We arc infonned, that this coal work is amply provided wail vaulty
lamps 't +Old Coat the circunistati:e of candles hein instead of
laiaps,. roceedtdfromtheworkmentllemt•elvesineautioastyprelcrring
the caddie light to that emitted from the lamp.
The-friends of dr, young Gentleman alluded to in the extraordi-
nary paragraph which as lately appeared in the Papers teopied from
The liridioi Mirror), have ceinttatlich.tl the sou...them as either
fabulous oroexiiggentted in the most ridiculous degree. Aver.' hand-
some 083 tictlainly been acquired, aid that too uneler very
singular. etrotruistam.ls. and it has !'then to the possession of a
Nightly educated and most amiable young man, who happens to be in
perfect health.
The poor enthusiast. Madame Krudener, continues to be hunted
from state to state. The French papers say she has left Fribourg,
by order of the government of Haden, and gone to t'arlsruhe. liar
suite, with the rexccidion of nine persons, has been dismissed.
Scot-rim gannt.e. it Inn dood-ohirk, on the sett iwarli
of the rim tit-cast coast .11 File,/ipposite to Kingston ns, there
has hes II recently discovered it mass of beautiful mai ule,
wkich pie: 1410 y wooled Ittruish oboe, iris for building the three
largest cities in the empire. The mat rile is of .1 11. ep silt, r
grey colour, decorated with "IPA shells; mid so delicately
nestle Ithitt d in the composition, AS if Millie Skilettl artist had
losetiai d aliged them. fire :tarot.. after being polisired, loos
ou a rieliii.•a and In infancy unrivalled by any hf the admired
Marbles of Scotland, and has been held, by conyetetit judges,
to equal iu excellencosof colouring sad effect some of the
giant ambles of liut utly, Iltneocc aunt Eg)vt.

THE NA.TIONAt REGISTER.

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