The National Register.
London, England, 1811-03-10 00:00:00

ONIL REGISTER.

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AT

very respectable tnitifier, %rend The CottPAU ilq3erl'orto what I
expected to meet; I may add, much so. As you will have suffi-
cient t ime, if; on the receipt of this, you will favoor rue with a
fine, addr,.,siod to the care of•• Stephen Price, Esq. .96, Broad-
way,§ New York, North AMerica, it will be thankfully re-
ceived by, • , Dear Sir, your's, truly,

" G." 17. COOKE.

" You will learn at the General Post-Office, at what time the
racket for New York is made up. Adieu. The compiime:a of
the New Year to all the Family.
§ Broadway is one of the most charming promenades that we
have ever seen in any country; it leads from the Park, in a gen-
tle declivity, to the battery, where the citizens walk, and corn-
:lmnd a view of the North and East Rivers, Governor's Island,
Slaten's Island, and Long Island ; between which is a strait,
called the Narrows, through which all the vessels pass and repass
to and from the immense Atlantic ocean.

Boston is the capital of the State of Massachusets, and contains
about 30,000 inhabitants, but is surrounded by rich and po-
plin's villages.—The Boston Theatre holds 1200 dollars.—
fhe present Managers are Messrs. Powell, Dixon, and Ber-
nard, the last of whom is a meritorious performer, and most
entlenurnly man, who formerly played the Fops, with great
success, at Covent-Garden Theatre.—The common prices for
admission to the Theatres in America, is a dollar to the boxes,
balf a dollar to the pit, and a quarter of a dollar to.the galleries.

LAW REPORTS.

COURT OF KING'S BENCII, MARcii 6.

GOLDEN V. ULGATE. .

This was an issue from the Court of Chancery to try whether
the plaintiff was legitimately born, or in other words, whether
a marriage had been solemnized between his parents at any time
previous to his birth.
The action was brought in the name of the plaintiff, who was .
an infant only eight years old, against the defendant, the
next of kin, and the property in question was estimated at
about 30;0001.
It appeared in evidence, on the part of the rlaintiff, that his
Father, Mr. John Golden, late of North-place, Gray's Inn-lane,
stone mason, previous to the year 1800, had a female house-
keeper, with whom he used to cohabit until the time of her
death. Some time after, he engaged Elizabeth Largrish (who
had been a domestic in the family-®t Sir Philip Francis) to be-
come his housekeeper, and in the autumn of that year, they
went an excursion. into the country together, to the Isle of
Wight, Haitingo, and other places, and soon after their return
hpme Mr. Golden announced Miss Elizabeth Largrish as his
wife, and Introduced her as such to several of his friends, neigh-
bours, and acquaintances. In the followin month, April,-Mrs.
Golden lay in -of her first son, who soon ",..vards died, and in
the year IEO2, the plaintiff in this action orn. In 1807,Mrs.
(;olden died of a consumption, and in the year following, Mr. J.
olden, father of the plaintiff, died suddenly,without having made
any will, leaving a very considerable personal property. A
Pill was filed in the Court of Chancery by the next of kin, and
the present question was to try the factot the marriage between
Mr. John Golden and Miss Elizabeth Langrish. A great num-
ber of witnesses were called and examined, amongst whom were
the family Physician, Accoucheur, and Apothecary, the Nurse,
and Undertaker, some inmates of the. family, several neighbours,
tradeitnen; and clubmates of Mr. Golden, from whose evidence
it appeared, that soon after his return from their country excur-
sion, he introduced her and talked of her as his wife, that for
several years she was visited as such, and obtained credit from
the tradesmen with whom they used to deal. That at the time
of the death of their first child, the plate on his coffin, and the
inscription on his tomb stone was," Robert, the son of John and
Elizabeth-Bohlen ;" andwhen Mrs. Golden herself died, he had
a family vault built for the purpose in St. Pancras burying-
ground, where her remains were deposited, and the inscription
on the•tomb•s:erie designated her as his wife ; and in speaking
of his own dissuintion, he expressed his wish to be deposited
beside his late will., It • alem appeared that soon after the death,
the above- mentioned inscription was erased from the tomb-
stone by the diiection of sonic of his fandiy, from which it was
inferred by the Plaintiff's Counsel, that a concealment of the
fact was endeavoured to lee made by-the next of kin. But no
actual proof ofilie marriage, either as. to tnne or place, was ad-
duced ; while it appeared upon the whole ot the eviednce on
the part •Of the 'plaintiff that the deceased Mr. Golden had al-
ways singed the greatest affection • and regard for his reputed
wife
The AtrottzsEY-gIiNERAL,-011 the part of the defendant ad-
dressed the Court aini• Jury. The question, he said, was not
wbether this lady pasted as the wife of the late Mr. Golden, but

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. whether a marriage had actually takilti Vice previous to the
birth of the plaintiff ; and, it was a circumstance w orthy of no-
• tiCe, that, until the lady's pregnancy no marriege Was hinted at,
It was well !termini in the neighboured of -Gier's
that Mr. Golden, who died at the age of 62, had been minty
years in the habit of keeping a housekeeper' and, that 50101 after
the death of the person Who last Weed with him in that capacity
and with whom he cohabit al, he engaged the lady who wits the
subject of thepresent-ihveStlgation, to till her place, and it Wei
remarkable that ,he had no children by any of those-ivire heed
hitherto lived with him, but immediately afterit was distoveeetli
that this lady wasin a state of pregnancy, the marriage was
declared, and etre was introduced as his wife to all his neighbour*
and friends, and received as such; but that any marriage had
ever taken place, he should shew, by the most positive evidence;
that the contrary was' the fact. A marriage must have been
effected either by licence, or a publication of banns in same
parish church, or clandestinely. He should prove, front the most
satisfactory and uncontradictory evitience,that no licence- was ever
granted ; for he would prove, from the records of the Consistorial
Court, were all licences were re,Atderty registered,that no licence
was ever granted; and as to the pUblication of the banns, the
ino,t diligent search had been mat to rim only in every parish hit
London and Westminster, andlcir two miles round the vicinity
of these cities, but id the Isle of WI/Pt, at Hastings, and inevery
diocese where these parties could possibly have been, and no
such publication could any where be found; and had they he.en
married in a clandestine manner, although the clergyman 'per-
forming the ceremony would he liable to the penalties of the
law, yet if that had been the case, some witness must have been
present who could prove the fact, or some evidence mieht be
adduced which would enable the Court and Jury to come to
some conclusion upon it; but in this case there was a total ab-
sence of every thing which could lead to the slightest probabi-
lity of that fact. He should prove his case by the evidence of
a host of witnesses, and upon the most incontrovertible-testi-
mony; and therefore, under al! these circumstances,he felt him-
self fully justified in saying, that no marriage had ever takes
place between these pm ties.
Several witnesses wet e the n called, who had searched in the
Consistorial Court, and the several parishes sit London and
Westminster, and for some miles round these cities, -and in
,the various diaCeses, in which kt,_was possible the banns of thrse
parties might have been publi;liffli but nn reg.ster of tl a marriage
was any where to be found.
After a most impartial charge from the Learned Judge, the
Jury consulted for about five minutes, and returned a verdict
fur the plaintiff;
This cause lasted front before eleven o'clock hi the morning
until past nine at night ; the degree of interest which it excited
ha; been rarely equalled, and the verdict of the Jury was greeted.
by a crowded Court with the strongest marks of approbation,

In the,Court of King's liench, OR Tuesday, an *dim was
tried on an issue directed by the Court of Chancery; W decide
whether John Fairweather Harrison was a partner in the
House of Brick Wood and Co whose extent of business amount-
-ed to two millions. The cause occupied the Court from nine
o'clock to half past three, when the Jury gave a verdict for the
plaintiff, finding that the defendant was one of the tinia of the
House.
In the same Court, and on the'same day—Thrnsenli v. Dattileny.
This was an action for a breach of covenant, the damages of
which were laid at 40,00C1. The two plaint;ffs; who were the
sister and the widow of a brtither of the two defendants, had; on
. the Bth of April, 1800, their father being then living, en red in-
to a deed of covenant, to divide all the property their father
might leave to any or either of them, eoually among them or
their children. The father afterwards died, and left the bulk
of his property to the defendants, his executors, who refused to
perform the cueenant: Lord tllenborough held such a cove-
nant legal arid beneficial in'ease of a probability of a captious
disposition of property; but the present plaintiffs were non-
suited, because the action was brought in assunipsit wzainst the
defendants jointly, his Lordship holding, that they had nut pro.,
raised jointly, and must be sued severally.

•
Tneschy, an application was made in the Court of Chancery,
on the parr of Mil. Waters; to remove Mr. Tayhir frara the
management of the Opera House, and to appoint all eiv cr.
Counsel were heard at considerable length.--,-On ‘Vednesday the
cause was again renewed, and the Cha:icellor delivered his *pi.
Mon on some of the.poiuti, but gave no. tiec4in on the sithieet.
On Friday a common informer, convicted last Sessions itrir
extorting money, stood in the pillory in Smithfield-marketi
from one to three o'clock:. There were a great nun-AM-11F
spectators present, but they did not pOt the culprit. He • -
was afterwards conveyedin a. coach back. to prisonoto suties tht
remainder of his otntence. i •- •

went an excursion. into the country together, to the Isle of until past nine at night ; the degree or interest wnien it excnea
Wight, Haitingo, and other places, and soon after their return ha 7; been rarely equalled, and the verdict of the Jury was greeted.
hpme Mr. Golden announced Miss Elizabeth Largrish as his by a crowded Court with the strongest marks of approbation,
wife, and Introduced her as such to several of his friends, neigh- .
bours, and acquaintances. In the followin month, April,-Nlrs. In the,Court of King's Rench, OR Tuesday, ats acticel was
(olden lay in -of her first son, who soon wards died, and in tried on an issue directed by the Court of Chancery; W decide .
the year IEO2, the plaintiff in this actions orn. In 1807,Mrs. whether John Fairweather , Harrison was a partner in the
Golden died of a consumption, and in the year fohowing, Mr. J. House of Brick Wood and Co whose extent of business amount-
_ Colden,father of the plaintiff,died suddenly,without having made j ..ed to two millions. The cause occupied the Court from nine
any will, leaving a very considerable personal property. A o'clock to half past three, when the Jury gave a verdict for the
Pill was filed in the Court of Chancery by the next of kin, and plaintiff, finding that the defendant was one of the firlia of the
the present question was to try the factof the marriage between House.
Mr. John Golden and Miss Elizabeth Langrish. A great nuns- In the same Court, and on the'same day—Dortsenn v. Daulleny.
her cf witnesses wire called and examined, amongst whom were This was an action for a breach of covenant, the damages of
the family Physician, Accoucheur, and Apothecary, the Nurse, which were laid at 40,00C1. The two plaint;ffs; who were the
and Undertaker, sonic inmates of the family, several neighbours, si,ter and the widow of a brtither of the two defendants, had, ois
tradesmen" , and clubmates of Mr. Golden, from whose evidence . the Bth of April, 1800, their father being then living, entered in-
it appeared, that soon after his return from their country excur- to a deed of covenant, to divide all the property their father
sion, he introduced her and talked of her as his wife, that tor I might leave to any or either of them, eoually among• them or
several years she was visited as such, and obtained credit from I their children. The father afterwards died, and left the bulk
the tradesmen with whom they used to deal. That at the time of his property to the defendants, his executors, who refused to
of the death of their first child, the plate on hiicoffin, and the perform the cueenant: Lord tllenborougli held such a cove-
inscription on his tomb stone was," Robert, the son of John and nant legal and beneficial in ease of a probability of a captions
Elizabeth Golden ;" andwhen Mrs. Golden herself died, he had disposition of property; but the present plaintiffs were non-:
a family vault built for the purpose in St. Pancras burying- suited, because the action was brought in assuyupsit a.fzttinst the
ground, where her remains were deposited, and the inscription defendants jointly, his Lordship holding, that they had nut pro.,
on the•tomb•s'.erie designated her as his wife ; and in speaking raised jointly, and must be sued severally.
of his own dissolution, he expressed his wish to be deposited --.0.-- •
beside his late will; It also appeared that soon after the death,
Tnes(ll- an application was made in the Court of Chancery,
the above- mentioned inscription w m
on the as erased from the tomb-
on :,
parr of Mil. Waters; to remove Mr. Taylor from the
stone by the diiection of some of his fandiy, from which it was
management of the Opera House, and to appoint a r", meivcr.
inferred by the Plaintiff's Counsel, that a concealment of the
Counsel were heard at considerable length.,—On ‘Vednesday the
fact was endeavoured to lee made by-the next of kin. But no
cause was again renewed, and the Chao.cellor delivered his *pi•
actual proof attic marriage, either as. to time or place, was ad-
Mon on sonic of the-point's, but gave no. tlec4in on the stibie43.
lucent ; white it appeared upon the whole ot the eviednce on
the part •Of the 'plaintiff that the deceased Mr. Golden had al- On Friday a common informer,
convicted last Sessions for
ways 0 triaged the greatest affection and .regard for his reputed extorting money, stood in the pillory in Smithfield-inarketi
wife aiitt-child, -. from one to three o'clock:. There were a great nunibtAr.di •
The kernitNEy.gaNEata.,.on the part of the defendant ad- spectators pre,ent, but they did not pelt the culprit. He
dressed the Court alet• Jury: The question, he said, was not was aftewards conveyed in a coach back to prison, to stares then
Whether this lady passed ac the wile of the late Mr. Golden, but i remainder of his iitntenCe. ."'" -.... a' .-:-A --i ''. •- - , , .
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