The Sun.
London, England, 1830-01-13 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOWS COURT, Jaw. 12.
ET•FARTE CARNEGY IN RE LAWDER.

Mr. HORNE said that this was a petition praying
that a commission of bankruptcy, which had issued
against William Preston Lawder, a medical practi-
tioner, might be superseded with costs. The peti-
tioner was a respectable physician (Dr. Carnegy),
and the facts of the case might be brought within
a very short compass. The Learned Counsel then
stated that the bankrupt and Dr. Carnegy, together,
purchased the business of Dr. Thompson, who re-
sided in Sloane-street ; that the purchase-money
was 4,0001., and that it was to be paid in two in-
stalments; that, in fact, all the money paid on ac-
count of the purchase had been advanced by Dr.
Carnegy, and that the bankrupt, ungratefully and
fraudulently, had caused a commission of bank-
ruptcy to be issued against himself in order to dis-
solve the partnership. The Learned Counsel then
read several affidavits, in which it was deposed that
the bankrupt had represented himself as procuring
the commission to be issued against him, in order
that he might get rid of his partner.
The VICE-CIIANCELLOR thought there was not the
slightest evidence to show that the commission was
the result of connivance between the petitioning
creditor and the bankrupt, and he must, therefore,
dismiss this petition with costs.

COURT OF COMMON PLEAS, Jaw. 12.

DOE, ON THE DEMISE OF LORD TEYINHABt, V. TYLER.
The examination of witnesses for the defence was
resumed this morning, after which,
The ATTORNEY-GENERAL, who was prevented
by indisposition from attending in Court yesterday,
stated the plaintiff's case, and observed, that the
present proceeding had been instituted with a view
to connect together the title and estate of the Teyn-
harM family, which had been separated (as he was
instructed) by means of a fraud practised upon a
person not competent to understand the conse-
quences of the act into which lie had been betrayed.
The Learned Gentleman recapitulated the circum-
stances of the settlement of 1757, by which the
estate was limited to the heirs male of the family en-
titled to succeed to the title in the customary man-
ner ; and added, that this was an-attempt, on the
part of the present bearer of the title, to recover
those estates which his ancestor had considered ne-
cessary to the proper maintenance of the dignity of
the Peerage. There was no doubt that the 12th
Lord bad a legal right to suffer a recovery, and thus
separate the family estates from the title, and the
plaintiff would not have questioned his act, if he
were not persuaded that Henry Lord Teynham had
been practised upon by parties whose interest it
was to bar the provisions of the original settle-
ment. The Attorney-General proceeded to com-
ment on the evidence for the defence, which he
described as evidence of a merely negative charac-
ter, as it respected the sanity of the 12th Lord.
The father of Tyler, the present defendant, was
allied to the Teynham family by the mother's side,
but his father was a person of low rank and ex-
traction. his son was an attorney, and closely
connected with the Reverend Hopkins Fox, who
acted as steward to the Teynham family. Mr.
Tyler married the eldest daughter of the 11th Lord
Teynham, in 1785 ; and in 1786 her father, the old
Lord, died. In 1788, or 1789, Mrs. Tyler died,
and, in the spring of the latter year, it appeared
that Tyler had been carrying on an illicit intercourse
with the second daughter, who eloped with him,
and was delivered of a child (the fruit of her inter-
course with her sister's husband), or miscarried at
St. Omer's. This lady lived with Tyler subse-
quently, and, lie believed, was finally married to
that person. In consequence of this conduct, Tyler
was banished from the house till 1793, the period
of Betty, Lady Teynham's death. It was perfectly
true that the recovery took place in October, 1789,
at a time when the intercourse between Tyler and
the Teynham family was suspended. But it ap-
peared that Tyler had confidential friends and agents
in the house, although himself excluded from it.
There could be little doubt that he who was finally
to benefit so much by the tinselling of the estate
had been active in bringing it about by his instru-
ments, although he took no open part in it him-
self. It was an evidence of consummate cun-
ning that he should select the period of his sepa-
ration from the Teynham family to accomplish his
own ends by such meant. The only sound inference
was, that Tyler employed John Cook and Kitty
Reid, two servants possessing unbounded influence
over the various members of the Teynham
to bring about the recovery. On Lady Teynham's
death, Tyler returned to the house, and undertook
the management of Lord Henry in the same manner
as his deceased mother. John Cook and Kitty
Reid were active in controlling the young Lord under
the direction of the Tylers. The learned gentleman
proceeded to detail various circumstances and habits
of Lord Teynham's life, and argued upon them as
evidences of unsoundness and mental imbecility.
His Lordship kept his bed all day, got up at night,
and dined at four o'clock in the morning. He felt
the greatest alarm with respect to fire—once in his
life he was persuaded to go to a play ; he got as far
as the door, but immediately returned, being afraid
that the place might take fire while he was there.
The servants were obliged to go about the house
with lanterns instead of candles, for fear of fire.
He had no intercourse with any body; kept no car-
riage, nor a country-house; no establishment; yet
contrived to be in possession of 4,0001. a year, for
14 years, without accumulating any thing. What
has become of all his money ? Who got it ? Was
it the Tylers ? Who disposed of the property, it
was easy to conjecture. It was John Cook and
Kitty Reid, who knit their connexion closer by a
marriage, and managed their master as a common
property. These persons employed and paid Lord
Teptham's tradesmen and servants, and transacted
all his business. No doubt Lady 'reptilian knew
nothing of the recovery, although effected in her
life-time. It was for the Jury to say whether they
would allow the deed in question to stand, which
had been procured from an imlsecile young man, by
a person who married one of his sisters and seduce:l
the other. _ _ _

The deposition of Edward Jeremiah Curteis, of
Windmill-hill, in the county of Sussex, Esq., was
pat in. The deponent resided at Oriel College,
Oxford, in 1781, and saw Henry Lord Terdiam at
that period; in his opinion, Lord Teynham was not
competent to the transaction of business in the
usual way.
Robert Jarvis formerly lived with a Mrs. Bull, in
Magpie-lone, Word. Recollected Mr. Henry Roper

when Ai Oriel College. He lodged in Mrs. Bull's
house, and witness waited on him. His tutor's
name was Twopenny : there was nothing particular
in the tutor's conduct. He always went out with
Mr. Roper. Mr. Roper did not keep much com-
pany. The tutor generally gave orders. There
were two other young gentlemen in the house
They generally paid their bills themselves,—that
is, when they paid at all.—(Laughter.)—So did
Mr. Roper, as witness believed; but he did not
know the fact.

John Betteriss recollected Mr. Roper at Oriel
College. Witness was butler there. Mr. Roper
was a very singular young man. He never drank
wine. Witness believed that Mr. Twopenny paid
his bills. I carried round the letters (said witness),
but I never carried none to Mr. Roper, and there
(striking the box and speaking with emphasis), and
there, gentlemen, I lost a fee.—(A. laugh.)—lt is
a truth that I tell you, gentlemen. I carried him
no letters because none came.—(Laughter.) Mr.
Twopenny appeared to control Mr. Roper, and was
always with him.

Mrs. Geiswellard knew the late Lady Teynham
almost from the period of witness's birth. Had
frequent opportunities of seeing Henry Lord Teyn-
ham when a child ; he appeared weak in intellect
and weak in body. Resided six weeks in the house
in Clarges-street, in 1781. Henry was then a boy ;
he went to school at Kensington-gore; he was
afflicted with hernia from his infancy. Recollected
the second Miss Roper quitting the house, it was
supposed, with Tyler. ITyler never was suffered to
enter the house afterwards while Lady Teynham
lived. The elopement took place on Easter Mon,
day, 1789. There was a servant in the house
named John Cook : at first he was under footman.
Remembered a maid in the family, named Kitty
Reid. After her husband's death, Lady Teynharn
managed the house. The young Lord had no control
whatever. Never saw him read or transact busi-
ness in his life. Never saw him enter into con-
versation with man, woman, or child. He was fond
of drinking, and would not quit the dinner-table.
His mother used to send for him up stairs; but
generally in vain. He was more reserved and
retired after his sister's elopement than before.
Knew the first Mrs. Tyler; believed she was not
very happy in the latter part of her life. She ap-
peared very uneasy a short time before her con-
finement when witness saw her. She died shortly
afterwards.

Cross-examined by Mr. Seijeant WILDH—Were
you older or younger than Lord Henry ?—That is
an odd question to ask a lady.—(A laugh.)
Yes, we are sometimes obliged to put awkward
questions. I want to ascertain the maturity of your
observations upon young gentlemen.—(Laughter.)
[After considerable hesitation-J-1 think there was
not much difference between us.

Believed the death of the first Mrs. Tyler took
place in March, 1788 ; and that the elopement of
Catharine Roper occurred about May, 1789. Had
been on visiting terms at the present Lord Teynham's
during the last three years. Dined at his Lordship's
house three or four months ago, and met Mr. Maule,
the plaintiff's attorney, upon that occasion. Never
saw Lord Henry dance or ride. He could walk
pretty quick, for he had a good pair of long legs;
but I never walked with him, so can't speak posi-
tively as to his action.—( Laughter.)—When he
heard a knock at the door, he would run out of the
room.

Mrs. Mitford, daughter of the Hon. Philip Roper,
and sister of Lady Chambers, went abroad in
1777, and returned in 1786. Recollected Henry
Lord Teynham. He looked like an idiot; he had
large prominent eyes, and stared about without
seeming to understand or notice what was going on.
Cross-examined.—He was ♦ery ugly to look at
—(A laugh.)—He had thick lips, large eyes, and a
vacant stare.

Lady Barbara Chambers, sister of the last witness,
was acquainted with the Hon. Henry Roper before
he became twelfth Lord Teynham. His mother had
an absolute controul over him. The tradespeople
used to call Lady Betty " my Lord."—(A laugh.)
—Knew Mr. Tyler. He seemed to have a away
over every one in the family.
Benjamin Winter was apprentice to Mr. Turner,
of New Bond-street, in 1793, and remembered the
funeral of Betty Lady Teynham. Had seen Henry,
the twelfth Lord, before the funeral.. On the 12th,
the day of the funeral, his Lordship ordered the
procession to go round Hawley-square twice, that
the neighbours might see the grandeur of the fune-
ral. This excited the curiosity of the populace.—
The outer case of the coffin was made of mahogany.
They took down appropriate coffin-plates, handles,
&c. The mahogany case was not in the shape of a
coffin. His Lordship asked whether men had been
engaged to stand at the head to prevent the corpse
from slipping off the men's shoulders, as there was
a flight of steps at the church-yard. He appeared
as if his face had not been washed for a long time,
and he had a long beard. He was depressed and
melancholy till the populace noticed the precession,
and he then appeared pleased. He did not seem
affected as a son ought for-his parent's death. He
wee lolling out of the coach window, looking at the
crowd. When the coffin was brought to Linstead
church-yard, the crowd seized the banners and deco-
rations, as is sometimes done. His Lordship no-
ticed it, and the men at .the head of the coffin leav-
ing their places, the coffin fell and was considerably
injured. Lord Teynham cried out, " Shove it in
again." The coffin was got up and carried into the
vault. There was a lock to the coffin and two keys.
One was placed in her Ladyship's hand to let her-
self out if necessary.—(A laugh.)—Witness's convic-
tion was, that Lord Teynham was of unsound mind.
Cross-examined by Mr. Serjeant WILDE—WI t.•
ness was what was called in his line of business a
mute at the funeral. The mutes rode first. The
witness, after fencing for a good while, at length
exclaimed in a very rough tone, if you ask for me
at Pancras workhouse, you will find me ; I have
been there these four years.—(A laugh.)
Oh, oh ! what brought yea to the workhouse ?
—Misfortunes to be sure; I lost 15,0001. by the 1:1,2,
solvent Act. _ _ _

How; by taking the benefit of it ?—Yes.
I thought so. How long is it since you toek the
benefit of the Insolvent Act ?—Perhaps eleven or
twelve years ago.
Can't you tell exactly ; you didn't take advantage
of the Insolvent Act twice? Yes; I did.

Come, that is pretty well. Who gave you the
clothes you wear, and how long have you had
them ?—I got them from my friends, and have
had them this considerable time.

Will you swear you have had them six months ?
Yes, I have had the pantaloons two years, I got
them from my son.
Oh, I did not talk of your pantaloons. I can't
see whether you have any on or not ?—Yes, but I
have, and you are welcome to examine them if you
like.—( Laughter.)
No, I thank you.—You may go down.
It being now six o'clock, the Court adjourned till
to-morrow morning at the usual honr, when the re-
mainder of the plaintiff's case will be proceeded
with.

PROSPECTS OF TIIE IRON TRADE.-lit
meeting of the iron-masters of Staffordshire, last week, it
was, we understand, agreed to blow out 15 blast furnaces,
in the hope of improving the trade. This decision may
possibly have, in a small degree, the effect intended ; hut
what is to become of the workmen, and their families,
who, are employed at these establishments? We regret
to learn that the greatest discontent prevails between the
masters and their men, owing to the constant reduction
of wages effected by the system of Tommying. We have
heard that CRAWSHAWS, the Welsh iron-masters, have
60,000 tons of iron in stock.—Macclesfield Courier.

It is singular that while the snow has been
lying on the lowlands about eight or nine inches deep for
the last fortnight, the south side of the Grampians are
hardly covered. The consequence has been that the usual
practice has been reversed, and the sheep have been sent
from the low grounds to the hills to graze. In Glenquec•h
the snow that has fallen this year barely covered the
ground.— Perth Courier.

THE ARMY.

LORD FITZROY SOMERSET'S LIST.

Major-General Lord Fitzroy Somerset, K.C.8., as Mi-
litary Secretary to General Lord Hill, G.C.B. and G. C.H.,
Commanding in Chief, went through his list yesterday, at
his office in the Horse Guards. A few Generals and about
fifteen other offi:ers transacted military business with his
Lordship.
The officers now on leave of absence from their respec-
tive corps and depots, and the non-commissioned officers
and privates on furlough, are required, by the General
Order, to return on or before the 10th of next March.

The 62d Regiment, now at Limerick, is to proceed to
Madras in the spring of the present year, to relieve the
89th, which is to return to Europe.
The 57th Regiment will proceed from New South
Wales to Madras, on the arrival from England of the head-
quarters of the 17th, which may be expected to take place
about the latter end of next year. The .2d battalion of
the Ist Foot will then return to Europe.

(From the Limerick Chronicle, Jan. 9.)

Major Broke, Quarter-master General, has succeeded
Major Vincent at Cork ; Major Vincent is appointed Quar.
ter-master-General in the Dublin district.

There are now in Ireland seven regiments of Cavalry,
12 brigades of Artillery, 19 infantry regiments, and 25 re-
serve companies, constituting a force of 24,700, exclusive
of Military Staff and Yeomanry Corps.
The Henry Porcher transport sailed from Gibraltar for
Malta the Bth of December, with two companies of the
73d Regiment.
The 14th Regiment of Foot is, by permission of his
Majesty, to retain on its colours and appointments the
word " Cortuma," in which battle the 2d battalion was
engaged.
A Garrison Court-martial assembled this day at the
Castle Barracks, for the trial of some soldiers. Major
Singleton, 62d Regiment, President.