The Sun.
London, England, 1844-03-06 00:00:00

LAW INTELLIGENtI

V.)

CHANCERY—(THIS DA ~,
The Lord Chancellor sat in Lincoln's Inn Hail tr", 7•, ,
BOOTH V. C RESWICK.--4 1: I ,t; MEN T 11.0 ca,'
The Loan CHANCELLOR gave judgment to-day in '• ores
which was argued before his Lordship nearly twe1v.e,..3101?
since. His Lordship said that the circumstances et feels
actions that had taken place in the case were n iiii to
complicated, but the facts which it was necessal i!).;.% e coorf
advert to, with aview to the question involved, 1
_O6lO,
prised in a narrow compass. Henry Creswick h.ttbff,
the trustees, under the marriage settlement of l'-`..71101
Creswick, the defendant, 6,0001.; he also borrowed fraf,i oat'
Creswick himself 3,500/., and HenryCreswick exec
entity
gage deeds upon certain property to which he ivas_e. so:,
for the purpose of securing the repayment of rhos -- wiilis
Humphrey Creswick charged the mortgage securities ea liee
sum of 2,000/. in favour of a person named Sevieti'4B, itj
also charged, by an instrument dated Februa*, oohs, sod
same property with certain sums in favour of Mr.
,0 he oscli
by a subsequent charge in the month of May, 1829' of till
a further charge on the mortgage securities in favolirin,o.
same individual. Mr. Brooks became bankrupt, ilau_,,ies I'
signees assigned the property fora valuable consider,iort,
Mr. Booth, the plaintiff. Henry Creswick had Fe!
gaged' this property to • the executors a . roc
named Jones. Those executors instituted
.1). i;
ings for a foreclosure. The bill was filed t.L.',O- obi
wprevious to the mortgage to Mr. Brooks. A decree'n. ille
ined in that suit, and an account was direcstetee ii
Master was proceeding to take those accounts in hi,
."'oet
the time when the mortgage was made to Mr. Brn' ;ties t'
Mr. Booth became possessed of these mortgage see e.-icl.• •
filed his bill for a foreclosure against Humphery Cres . •gr,
decree was obtained in the foreclosure suit institutetti:L 0
Booth against Humphery Creswick, but- that decre.e
I:' jie
tamed by default, Humphery Creswick being in Pris°,oolli.
applied for a rehearing of the decree, and after some
_O4
cated proceedings the Court allowed the decree to 11,r„ Dow
upon certain conditions as to costs, and the st.
gee iee.o.ke,of
yeas as to the validity of that decree. It was a decriebaitflit
in the absence of the defendant, and on the resP°, usio lic„.l,
the plaintiff; and the question was whether it sa° t•ti'"
urged a yeti
1
n 3,, and what manner. Four objections were no, ,
ark against the decree. First, that the deeds werrollob
ivo voce in Court, which was an incorrect mode ofP'r or
in this case, because the parties ought to have had 00020
tunity of examining the witness. Another ohjecti 'lt 01
that the securities to Mr. Brooks were given for lii!d, t,
future costs, and that as to future costs they were titir,,blirlt,i
third objection was that certain costs the plaintiff Was' Ice''
pay in the cause, to the executors of Jones and ?thers'ld tbs'
. gharged in the decree against Humphrey Creswiai, B:irid tli,ee
the decree in that respect was therefore incorrect. ortg'sk
fourth objection was, that at the time when these ii. Doe
securities were executed, or were transferred, by lt.•e9 ":,,1
to Mr. Booth, the plaintiff, certain personal seear° -air,t
delivered over to him, and that they ought to be- thet'ieeiti
of account before the Master. Now, as to the first at ibe'e
upon the deeds, his Lordship was clearly of opinion t to tijs,
could be proved viva voce at the hearing. ,M,Oll th
security for costs, his Lordship was of oPin" - foil
security could not be taken by a' solicitor
..111,1o0A
costs. That question had been decided -by Lord poie
" Jones v. Tipp," and in several other cases before rofri,
Plumer, Lord Gifford, and the present Lord Chancel of
land. The decree therefore to that extent must be ills tiot
The third objection was this : Booth the plaintiff, lenefito
for a foreclosure, was desirous of obtaining the „sad
the proceedings in the case of " Jones and Creswielt,soit plir.,
that purpose he made all the persons parties to thaweverd;,i
ties to the one he had instituted. Subsequently, lit),,i ic, si,e
had them all dismissed except Humphrey Cres,"b": der
having to pay the costs of all those parties, he
._...1n ', ea ~,,t
charged them against Humphrey Creswick. •1•13'; to ou'l
point the question was, whether he was entitleoLooll
such a course of proceeding. In the opinion of Ids, tilidi, cot
it was not necessary for Mr. Booth to make the otiie bra
,„
duals parties to the suit, that he had improperly eel 'Pt
them before the Court, and therefore, that he 1,104
titled to have the costs of doing so over again from •'-, be ts',.o t
Creswick. In that respect therefore the decree °lli 0 thAe"
fled. The fourth objection was, that at the thne w es,e tiseo
securities were assigned to Mr. Booth by the aSsigaelies 0'45
the bankruptcy of Brooks, certain personal sercettieretilt
handed over; it did not appear what they. weTe,
stated that they were taken up by Alr• iiitei,vc.,
It did not appear that Humphrey Creswick had any
It
whatever in those personal securities. The wh°',.,°„estsydr
action between Brooks and Humphrey Creswick 41,k1c0e,'0
be accommodation bills, of which Humphrey Cr,(T:,-, ths`te
paid one farthing, and it appeared to his Lorasi'die fop
order an inquiry on that subject would be a iite ilea to
ceeding. that objection to the decree therefore al that ,o,
the whole, therefore, his, Lordship was of opini("ft.eree.."o
decree nilist be rectified as far as it related to the flit oit °De
and the costs of making unnecessary parties to the
not
by the plaintiff, and the other parts of the deer_wee
affirmed.—The Court then proceeded to hear apr•—•
• A. n V
VICE;.CHANCERY.—(TIIIS -
, eel
.-•(Before-the VICE..CHANCELLOR OF ENG.---'4.th) cii-
H la
is HONOUR was occupied the whole morning 1
rif no t general interest.
I I . : s • '
Alf'
CRIMINAL COURT—(THIS v ,if
ill'
OLD COURT. topic
The Learned Judges, Patteson an 1:1 Williams, - y
fc'el•,i
seats upon the bench soon after ten o'clock.
CHARGE' OF CUTTINGANDMAIMING..-.--X.,--1 he ,
...pm 'Oh jel' .?gait'
Was put to the bar, charged with having,, on t 0 F
February .last, committed a. malicious and -felo",,,,i°lecolO
-upon Daniel Morris with intent to do him some ' la'' f4l'
dily harm. • d Vt
Mr. Doane was counsel for the prosecution, all ill files/
lantine for the prisoner. The facts 'of the case w' (00'4' c,
gathered from the following epitome of the evideneewilif,,,ri.
Daniel Morris being sworn, said he was a ,e°3t tlieYo
living at 23, King-street. Shad well. Knows'“2,3,,„bro• fro
soner kept an office for the engaging of coal-wiurriag 1.03
Thursday, the Bth of last month, witness was retar:bete tea
work, near Coal-stairs, opposite Gold's-hill, „„et s,e,ftil
stopped to talk with some friends. Thia was au: alia,i.it•
o'clock in the evening,',when up came the prisoly,:,:t " ,k 3
to him—" Walk about your business, you scoalrf-e o' f '.:,:iil
ness made no answer, but went on into the Pri;!,-, pri',`litii
public-house, and called for a pint of beer. '-'''-„a 'l,O
followed witness into the public-house, ,s3l,'; cli,';ol,
called left the
name that he P0,i,7„/-01 E`'•o'
Witness left the public-house, and prisoner I°"; et :00!
when he (witness) said to him, " Mr. Kelly, li'./ii voli ;el:
pence, and am going to have a pint of beer, wi'oe:3oo.o4
and have smile?" Prisoner replied, " You d' bessintl:r
and raising the stick now produced, struck hint lot Flo
which went through his hat. He then gave -''tic. .
blow, which felled him, and rendered him insens' Aol;
came up, and led him bleeding to a doctor's. blia 'obi;
Cross-examined—Did not hear witness• ec`wrt a ,r°„fl's,
breaking his gear. Was never in his life a tiartYo°eara, i iiP,
nation of coal-whippers against the prisoner. bat asoo"
enough of a cruel assault upon the prisoner,..„, not no
know his arm was broken by that assault, and in lit,,schst
When it took place. Was no party to that ass` >l,ol'
his oath the police were never after him for i*, his it
'night nor that day had witness a drawn knife 1'',13 Wen's
and never threatened Kelly in his whole . lift,„tl‘ 01'611
drunk nor sober, but knew what he vas a'"- ,
oltirgoti
assault commenced. la,- r •
John Russell, being sworn, said- he Was a ~..c` ,ry! le
:and remembers on Thursday, the :80 of Felatv" d'eae his
seven in the evening, being near -. atild's-hill. , 14•11 11
, soner at the bar strike the prosecutor on his head tiai",
hat went off;• and then he struck him again' 5 The Poll('
went. Two women took him off to a doctoes. 0040,1,. ar
cutor had no knife in his hand, nor any other wesTgaefilti) sc',
Cross-examined—Knows the prisoner was 8„cit110 . ,
saulted some time_back, and some of his. 939.1--'-• „OA',
quaintance were transported for the offence. n, itic'-iilt ot•
Maria Alexander—On the evening in quest,i,(ithe al 'ICro
with Hannah Smith, saw the prisoner coninlitbie,. an 4011,1
the prosecutor who became totally. inaerls'oat love'
covered with blood. Said to the prisoner,
‘,,• ili_4l.
to strike a young man so ;" on which he sal' tor's,sP,,,tfit"
to you next." Assisted the prosecutor Wal tba i' ,
Hannah Smith corroborated the evidence 0 ritee!,"
ness. neje-1)(1110 ase;,
- : George Harris, a bookseller, living in the via 'AI t
gave a somewhat different verSion. On the eve, saria.oe„
tion, went to his shop door, and saw the witnes',. Aie..e,,e
antler and another woman abusing the prisolleriler, oiitiacill,
called him' vagabond, and prisoner replied Cl ~oittlisAce;
the prosecutor said sOmethingwhich witness coale,l,l beta t7mivot
swear to, and then the prisoner at the bar stru i',le seLl",i: ',
the first blow knocking his hat off, and after ':. tliiii:-lid!`
fell down. -Cannot
came up
rosecutor '7:11 he
t; pry
sober. A customer came up to witness's shop' '-'d roea
snore ofthe matter. Mobs frequently collecte ,
ter'`
0,010
soner's house hooting and making a row. - a whoa te
A policeman gave evidence of what passe
..osece ,c,tni.:
called ; and the surgeon, to whose shop the Selo' 00;00
taken, testified that though he bled a goo 4 „er.a•ss
was a very slight one indeed. The proseeti'•
(P.
(
, .
fully intoxicated. ssoat
''''
This was the case for the prosecution. ooy V 000 .
Mr. Justice PArresoN said the. idea of .fcA
~,,, of c
tiitt
•as'"'
the question, and the case must be treated
tftst ,s 4
assault. , „.44 . 0 •
evidencelllr. B a.eu..Af
thexri x:i•ta(feoarseathaes
tparitsioleneerr)igciounteefil.ut? cri:re'revirere,2,
wholly disproved by the testimony of Mr. litrri'ie ec,_em pi
~"t
secutor himself was so drunk at the time oivea ;
.Pie tie;
i that he knew not the provocation he had Eerecere, 4 is ~,
nothing that Wok place, and his evidenee:,,,ioo..°;ooo:l,
Court would be worth nothing. The feiiiale' 1,1-011 Y. 00, 1
was 31r, ci -0 bal
totally unworthy of credit. The fact m ti•ere I Jiy
.• nut
bai ar
victim of combination, and had already ,
at he cee• tio
from the violence of the coal-whippers • .1
t i those e er•sg
obliged to appeal to the law,.and for one °f e of 0,0 bet
to
assaults, in which his arm was broken, soot
err), s',o, •
engaged in it had been transported. His Pi";.totl) re
constantly destroyed, and every effort was co'
~. tbej
drive him from the neighbourhood.
teijilt...ittl,ev.lolp;tier;
Mr. Justice ParrEsas summed up,
was evidently great provocation, and the assn ' • a
ni°
" nothing but a knock with a stick.,l'aujity.ottiosp,co;Li the
0
The jury brought in a verdict of
sault, being at the time under great prow .' Bps!!:',,
fore we recommend him to mercy.." he prisOotliy, tetYis'
Mr. Justice PArrEsos, after advising to.
_own ;nee
,o;
to appeal to the law for protection, and '1
.to P___i,oo
osve
sent his wrongs, said lie saw he had beenasi
gliiiito paryi,,,l 4
9th of February, which he considered %caw, `di,dia.rer, frp
enough. .He must therefore be filled Is. _ `,..,,,,t, pak,,',.;ti D:e,
CHARGE OF RAVE.— William Blade', ;;tia''o,3ol.lo!`„ 0,11,jr,
indicted for a rape on Mary Cook. Mr. e'risener- *Tv :el,
Doane were Counsel for the Crown ; the
Ml for, ba,',', stitch
fended. -Details in such cases are unca"2"be hrie:igistao,' ,-
cumstances asserted in the evidence !nay
On the night of saturday, the 12th of'
who was in the employ of a person AtV
tO tile tAr "J. fin •
cutrix lived as servant girl, went ~ ario ata
wet!
; law. --and woman. There they Ir
they all bete gdler'S Wells Theatre, accompamadt i'.! i i
4-'ietlihrtiffio,:ttibleic.Po,l";;of,,
soinei,',;''tletir tile
, gether, ' and after the performance _
_.tiord,tesco.
.iy
i,
twtlie-gagle Tavern, and thence to the
tr,a'-'
herself ,o,sliediyof
:smelt company, the prosecutrix going_ '.,, she ''. t,l. ea _ba : •
Britannia-fields,.her direct way homeisn
tic , Nape 10.1 qit.„.!•_3,
joined 11V the prisoner, who said
nothing 'eitile%vo
i had no friends in the-wide world, andi_,,,
no (tient; s,,c, a.l,,fer
,racter to depend upon. He replied' ' a
_le
~,,t. „dortlitelat!,ls,
11,q," glie threw her Self on lii:plireote%c°tic:::., te1,,1',11'4 lierla
then di-rigged her by main force OS , 'l'
;Trelikbei:Lpoioe:6l;
pit,.:pnd there effected his purpose-1i way, - we' bad
haustecl. , He• left her,
but did •not, tell her 'mistress what
female frie'iiand .1,0-
the Monday Morning, haol:evsbere, Itnhatele.11:31110::
,11, ji%t:, els'
been with'her to Sadler's Wells, called IP
counid";ies s"i'ter°
she revealed the outrage which had beene
withal
11;ete.40,05
tion was immediately given to the Prl troust`iii':.a it'eltr°4-'
several discrepancies in the evidence, q.,_,.. isa,el
~!: bt
prisoner after some difficulty was taken ii.iod
not of the most creditable character,
.ti'''
gto l''' '.
'
anti that
cl . 4101 Oil
cutor, witnesses, and prisoner—aPPe- ~.of Guilt' ~,•
exceedingly familiar terms. verdict (if •.' ,torly
The jury ultimately brought iers
.0
~14.
Saul,S willCnE_-0011° r
,:aWpi
evening; in addition to the well-kn li this , •
Dest eh"'
SACRED
be
HARMONlCproduced
at
t S.,..z.ceiEteTryoi.,,ra),
,i
j:454.:„.
contains many of the great masters D
.4