The British Press; or, Morning Literary Advertiser.
London, England, 1818-11-03 00:00:00

LAW INTELLIGENCE.

—mar—
COURT or CHANCERY. LINCOL.I.S-11(?!,
MONDAY, NOWilltek 2.

The Loan enancaLtort did not sit, being
ohliprd r.l rentim at home to receive the Lord
hidyor beet.

.• t •••
vicr. CHANCELLOR'S COURT, tilcorirs.lwir,
MONDAY, NOIII3IIIHR t.
—*—
SARAH ANDRIiWS and crrimitit r. WM. ELMS,
HORACP: Lf.I.IS, and OTHERS.

Mr. WtNGFIE ILO Moved for au i.juortion to fr.
struiii the Delesidesuis from selling or disposing of
1,100/. Four per Cent. Batik Annuities, and that
the Batik of Eitglaird should be restrained from
transferring them, under the following circum-
stances testator devised leis real estates tulips
to the paymetit of Ins debts, if his personal estate
was not sufficient for that purpose, The Plaintiffs,
the creditors of the testator, lied their bill against
his executors, Wm. and Horace Ellis—one of
whom, by his answer, admitted assets,, on which a
deeree was taken, and it wits sent to the spinster, to
report what sums were due to the Plaisitiffs, mud
lie reported that considerable sums were due to
them. The defendant, Wm. Ells, who had ad-
mitted Assets in his hands, had %nice taken the be-
nefit of the Insolvent Act ; but before that he had
told part of the testator's real estate to Mr. and
Mrs. Drailesey Stedman, the purchase money for
which was secured in the funds. Mrs. Stedman
was nine of the testator's residuary legatees, and was
entitled to the interest. There was no notice of
this transaction when the original cause was heard,
11 not being necessary, us one of the executors ad-
mUted assets. But the circumstances of the case
were completely altered alter the Defendaist. who
admitted them, had bec iiistilvent. Under
these considerations, he (the Learned Counsel)
had no doubt but his honour would grant the
injunction.
Mr. TRESI:OVE followed on the some side.
Mr. RAE said, lie was Counsel for Mr. and Mrs.
Stedman. The latter of his clients was the (laugh--
ter of the troutur, who died in the year 10001 Wil-
liam and !Inouye Ellis were his executors. The
further proved the will, sifter which Mr. Stedman
supplied to lain on the part of his wife, when lie in-
formed him that there would he 4,0001. for the re-
siduary legatee., after the paytneut of the testator's
debts, and offered Mr.. Stedman 1,0001. as 1:1§1
fourth share, on condition that if the estate would
pay more, he, Mr. Siedinaii, would not cull for ft.
This Mr. Stedman agreed to, and the 1,000/. was
lodged in the Bank, for the oar of Mrs. Stedman
and her children, in the year 180 Q, and the first hill
in the cause was nut filed wail 1814, against the
executors, mid they admitted assets, and • decree
*as takes. out against them. If Wm. Ellis was in-
solvent, why did not they follow up the other De-
fendant. Horace Ellis
Mr. TacsLove—.4 The defendant, Horace El-
lily in his answer to the supplementary bill, denies
that he ever admitted assets in Ins first answer, al-
though it is set forth in the decree that he did."
His tionour the VICR-CHANCELLOII--" The
decree says they both admitted 'meets, and I must
take it to be the fact as long as the decree stands.
The practice of this Court will not allow me to go
further hack than the decree."

Mr. Rau, in continuation, said, a similar motion
to the present was made before the Lord Chancel-
lor after the original bill was filed, and dismissed by
Ins Lordship on the ground of its being irregular, 11111
no decree bad been mottle. The Plaintiffs had now
filed a supplementary bill, stud for the a sort reason
as his Lord-hip ‘listnissed the former Motion, he
trnstrd his Honour would dismiss the present.

The VICE-CHANCELLOR—" Did the Plaintiff,'
state in their original bill that William Ellis was in-
solvent ?"

Mr. RAE—" They did not."
The Vice-Cmstscsr.Lett—" Have they stated it
in their aupplementary bill ?"
Mr. WINGFIELP—" They have."
Mr. RAE—" But they have not alleged that Ho-
race Ellis is insolvent; why do they not proceed
against him ?"
Sir Aamma l'ibnoTT said, he appeared fbr the
Governor sod Directors of the Bank of England,
and they were ready to animist to whatever order
his h ... Ur might think proper to make.

Mr. WINGFIELD rrplied.
The Vics-Cti•NcELLux—'• This is a bill filed
by creditors seeking debts from executors out of
real itiul.persoual estate. It was not necessary in
the first instance, where executors admitted assets,
to enter into the •object of the teal estate; for in-
stance. suppose William Ellis, the insolvent, was
the only executor, the Plaintiffs could have raised a
question with the residuary legatees ; sod if lie was
the sole executor, I would restrain this sum from
being paid, or the dividends but here we have
Horace Ellis, who is not insolvent, and has admit.
ted assets. The creditors must call on hie before
they can come on the real 'stale. A ttinporaiy
injunction to restrain the transfer of the stock can
do no harm ; iu thr'inean time Mrs. Stedman may
deal with the dividends as she pleases. I cannot
agree with Mr. Rae, that it is the same mot' that
was made before the Lord Chuurllur. Let the
Batik have their costs fur appearing."
Motion granted in part.
The Court was occupied the remainder of the
day iu hearing motions of course.

R r tit tSE OT THE VI,7IIELE FROM THE MEDI..
TEMNA Pi LAIM.—ThE Board of Trade, on Saturday,
came 111 the decision to release the vessels' lately
riere,d by the Custom•howe Officers, loaded with
below from ports its the Nlediterrimean. We un-
derstood the seizure was made tinder the idea that
the importation was a breach of the Navigation
Laws., importing articles not immediately the
growth or produce of the place from whence ship-
ped. We, however, willerptand that the Board of
Trade, on investigation. find that there ii an excels.
Lion as to articles impo►ted from Turkey, &c. ns
ill articles the growths anti produce of that country
have been shipped to this country from Italy, end
frog► other lower ports of the Mediterranean, and
that the exception fully authorises the importation
of corn. The vessel* were in consequence restored
by an official order from the Hoard la:- Trade.

OLD BAILEY. MONDAY, &mama I.

FORGED BANK NOTES.

Joseph Davis, Go years of age, was indicted for
having in his possession, on the 19th of September,
knowingly and without lawful excuse, a forged if.
Bank note.
it appeared in evidence that the Prisoner had
gone into the shop of Mr. Eagletoti, in Newgitt.
Street, to purchese a quarter of a pound of 8.. tee,
in payment of which he gave a tl. note; he was
naked where hr got this note, and lie said from a
Nlr.Svlvelicr. a I.!:tiikrt.w.irrii,.uwinalt, in O•horti..-
street. The non- given 1.1 .ek to him, and he
wis followed, anti nfterwank appreheinleil he Nil
officer ; lie attempted to escape Crum the officer,
and, in the course of conversation with hn, gave
two fictitious addresses.
The Prisoner solemnly declared-he did not know
the note to he bad.
The Jury f I the Prisoner Cuitiy.
Mr. Serjecit BOSANQUET said it might he pro-
per to state to the Jury, that the Prisoner, though
he lind recently denied his guilt, had consented to
plead guilty to the minor offence, before he knew
the Grand Jury had throwu.out the bill for the
capital charge.. . .
ROBBERY AT CA M DIEN TOWN.

Stephen Norris, a pirate watchman, stood in-
dicted capitally, for stealing, in the dwelling-house
of Edward Clulow, Esq. a silver coffee-pot, value
£Ol., 13 silver-spoons, a silver tankard, several other
artistes of plate, end a qtiontity of *raring apparel.
Mr. IteestoLos staled the case to the Jury, as it
wus subsequently detailed in evidence.
Mrs. Elizabeth flulow, a very old lady, said thnt
she was the ode of the Prosecutor, who resided in
Camden-street, Camden Town. The servants of
the family were Emma Owen red Joseph Braid.
The female servant had been in the family for Ise
years. About ten Months ago Mr. Clidow left the
Country for the Continent, and on the 14th of SrP4
tember witness left the house herself, to go on a
visit. The Prisoner was a private natelinisii, em-
ployed specially for the protection it.f property.
117heit she went on a visit, on the 14th September,
it was merely to are her son at Clapham : she re-
tinned home early in October. On der Gill of
-October she was disturbed in the middle ef the
night by a watchman's rattle (the Prisoner's), she
rang the hell. and opened the bed-room window,;
Emma Owen answered the hell, and witness itskitd
her what was the matter; Emma said, float two
men, with blackened faces, had been at her bell.
side--they were armed with pistols, and threatened
to kill her if she attempted to stir. She reit:mood
in that state about half nit hour, when the sosh-
untn's rattle sprung, and one of the men -nil), " I
must be off." They then ran sway. Witness ass
greatly charmed on hearing this statement, and as
she went to the staircase to call up the other ser-
vant, she saw Joseph Braid, with n poker in his
hand, and Morris, the Prisoner, corning up stairs
near him, or with him. The plate chest was kept
in a room up two-pair of stairs, and she saw it un-
broken two days before this period. On the inurii-
lag of the 7th of Ociober she found that her plate
was gone, and several shirts, marked " W. C."
The plate was very valuable.
Cross-examined.—The Prisoner was not specially
eninloyed by Mr. Clulow. Nn confessiou was made
to witness by her servants. She had seem, the ploe
shortly before the Gth of October. Sue hail islt
doubt but that it was all sale recently befute that
period.
Mr. J. Wallace stated, that he lived at No. S.
Camden-street, Camden-I(min Oil the moriiii.g
of the 6th of October, about hill-past two o'clock,
he was alarmed lie the noise of springing it rottlr.
He celled net, " What's the matter 1" The watch-
man, who was the Prisoner, replied, " Come awl
see what's the mutter." Witness immediately
came down and went into Mr. Clulow's house, In
the drawing-room of which lie saw a *oumber of
silver•handled knives and fork. in a sheet, us if
about to he packed up. The plate-chist, hr ob..
served. had been broken open ; the sleds (.1. the lock
were drawn. Some bread and meat were 13i itg on the
side-board, and a ladder wet placed up against the
wall under Mr. Clulow's balcony. lla observed
I Braid without his shoes and stockings, nail lookiog
like a ghost. The watchman appeared in a great
bustle, and very active. The window did not up-
licir to have been. fastened inside, and a pane cf
glass was broken in it.
Cross-exantined. —He always thought the Pri-
sotier to hr a good and basest watchman, and ft
markable for attention and vigilance. lie olive
prevented witness's house front being robbed.
John Smith, conductor of the !wrote, prove"
that about seven o'clock on the moritint of list 7,14
October, the Prisoner came to his house., and
formed him of the rubbery. The Ptisoner's Stale.
meta to witness was, that about two o'r lark that
I morning, he ssw a light in Mr. Clulow's bitchy ~
and observed a mail there. He immediately knock-
ed at the door, and sprang his rattle. The -errant,
Joseph, let him in, and ou going down stairs, lie
found the hack premises open; there we. also, he
said, a ladder resting against the wall under the
balcony, and the plate chest had been broken open
end the property carried off. Witness went and
examined the house, but found no marks of vio-
lence, except on the drawing-room door. A week
sifterwards the Prisoner was taken into custody on
sospicion of the robbery. The Pristine, then
winded to know whether Joseph (meaning Braid)
had said any thing. IVituess said that would appear
Ity-and-hyr. On the Prisoner was found a watch,
gold seal, and two I/. notes. He said he knew
who had the plate. mid the man who had it, was
" Mike, the old Jew." Two of the stolen shirta
were found in a drawer in the Prisoner's bed-r00t,,.
This search was made on the 15th of October, and
oil the h6ah, in his room, eight of the stolen spooe.s
were found, some of them with the mark nearly
scratched out, of Mr. Clulow's initial. Wittiest,
also received from Mr. Clulow, jun. a jar, contaii,
*nig four I/. lintel., and four duplicities, made out Ito
the 'Arne of Joseph Braid, which he found burird
in the glades,. Braid was taken into custody on
the seine day, suit he immediately conducted wit-
'seas to an old in Petticoat-lane, where the
plate was sold. it was an old Jew named " Mike."
who was kilinvio about Camden Town. This Jeo,
it was understood, had since gone to Crummy.
Cross-examinrd.-- Braid's confession was cot
made personally to witness, but et the Police