The Sun.
London, England, 1827-07-09 00:00:00

LONDON, MONDAY EVENING, JULY 9, 1827.

EDUCATION.

R. WALTER PATON, of N 0.2, Devon-
shire-street, Portland-place, has the honour of in-
forming the respectable inhabitants of St. Marylebone, that
he has formed two classes, of a very select kind, for the fol-
lowing branches of learning, viz.:—
WRITING, ARITHMETIC, GEOGRAPHY AND
THE USE OF THE GLOBES,

upon the success of which will depend the formation o
other Classes for Mathematics, Classics, &c., which he
hopes will be found worthy of their support and patronage.
Mr. PATON is aware that there are many families in
this parish, who (if they but knew of these Classes), would
immediately sanction and encourage them, as they combine
all the advantages of the most careful Private Lessons, with
the moderate expense of Public Tuition, and what is of the
highest importance to Education, the spirit of Emulation.

LAW INTELLIGENCE.

COURT OF EXCHEQUER, JULY 7.

In the three following cases (which were infor-
mations brought for breaches of the Excise Laws)
the defendants severally suffered judgment to go by
default, namely, " The Attorney-General v. Nor-
maid," " The Same v. Pearson," " The Same v.
Holt."

BREWERS AND THEIR ATTORNEYGE,

IaRAL V. WELFEAR.

This was an information on which penalties were
sought to be recovered against the defendant; first,
for sending out beer without a certificate; secondly,
for having in his possession drugs prohibited by law;
and, thirdly, for using in the manufacture of beer
unlawful ingredients.
The ele:endant who is a farmer and hop planter,
residing near Chatham, is also the licensed proprie-
tor of a beer brewery in that town. By Act of Par-
liament every brewer is bound to make to the Ex-
cise a return of the quantity of beer brewed by.bitn,
and to keep a boOk, called a certificate book (in the
nature of a banking draft book), in which,. on one-
half of a leaf, when sending out beer, he is bound to
enter the quantity, with the name of his customer
to whom it is so sent out. This he cuts off, and it
is delivered with the beer. A corresponding entry
is made in the reaming half of the leaf, for the satis-
faction of the inspecting excise officer, who is thus
enabled t. check the stock of the brewer, and to de-
tect any frauds that may be practised. From the
evidence produced, it appeared that, on the 9th Ja-
nuary last, certain excise officers repaired to the
brewery of the defendant, and inspected the stock
and certificate book, from which it appeared that,
instead of nineteen barrels of strong beer, and thir-
teen barrels of table beer, there were remaining only
sixteen barrels of " strong," and nine barrels one fir-
kin of " table," while no entry had been made in the
certificate book of any having been sent out. The
stock had thus been illegally diminished in the quan-
tity of three barrels of " strong," and three barrels
three firkins of " table" beer. On the 12th January
the same parties detected, in the same way, a similar
decrease of the defendant's stock, to the amount of
two barrels one firkin of table beer. For each of
which breaches of the law the defendant became
liable to a penalty of 2001. These constituted the
first branch of the information. Their suspicions
having been excited by these discoveries, and private
information of improper practices having reached
them, the officers proceeded to the counting-house
attached to the brewery, and on a file, in the regu-
lar order of dates, with other papers, they found bills
of parcels, purporting to be from Atkinson and Jeff-
ries (druggists), and referring to certain quantities
of drugs had of them, in this way :-1 lb. Coriander
Seeds; 1 lb. C. T. (supposed to mean Coculus In-
dices); " Sundries ;" Sach. Hisp. (Spanish Liquo-
rice) ; Hartshorn Shavings ; Tob. (Tobacco); G.
P. (supposed Grains of Paradise), &c. On search-
ing the dwelling-house of Mr. Britton, the son-
in-law of the defendant, and who had the sole
management of the concern, the officers found
one pound of Spanish liquorice. These discoveries
formed the 2d branch of the information. The 3d
was supplied by the evidence of a man who had been
in the employment of the defendant, as drayman,
who deposed to his having unloaded the dray one
evening, and taking from it a small cask, containing
between four and five gallons of molasses, which, by
the direction of Britton, he carried to the coal-hole
for concealment, .and that at each of three or four
several times subsequently, by the orders of Oakley,
the defendant's brewer, be took from the cask about
three quarts of the molasses, which Oakley poured
into the copper among the wort, he being then en-
gaged in the process of brewing. The witness
further deposed to his having found in the hop
" back," when clearing it out after a brewage, a
lump or ball of stuff, part of which he gave to Mr.
Birch, the Excise-officer, who handed it, to be an-
alysed, to the chemist employed by the Excise for
that purpose. The remainder he. himself delivered
to the analyst, who applied to it the usual test, and
pronounced it to be liquorice root. These circum-
stances constituted the third branch of the informa-
tion.against the defendant. The total amount of
beer alleged to have been sent out by the defendant,
without certificates, was 120 barrels of " strong,"
and 200 barrels of " table."

The SOLICITOR-GENERAL stated the case, and
proceeded to call his witnesses.
The excise officers proved the circumstances
above stated, but, with reference to the transaction
of 12th January, the officer admitted that, having
remarked to Britton the irregularity of sending out
beer without a certificate, and having proceeded a
few yards on his way from the premises, he was
called back by Britton, who told him the beer had
been entered regularly, anll pointed to the certificate
book, where the witness certainly found an entry,
but that the ink in which it was written was still
wet.
To support the third charge,
- Chambers was called and examined. Wit-
ness had been in the employment of the defendant,
as drayman. The business was managed solely by
Mr. Britton, who was the son-in-law of the defend-
ant. Oakley was the brewer. " I remember (con-
tinued the witness) one evening in the month of
May or June, 1826, Mr. Britton returning with the
dray, which he desired me to unload. There was a

small cask, among others, which contained about
four gallons and a half."
Mr. CLARKE.—Do you know what it contained?

Witness—l do co/ossus.—(A roar of laughter.)—
The examination proceeded, and the witness was
found to have meant molasses. He then stated his
having placed the cask in the coal hole (of Britton's
dwelling house), and his having, four or five times,
brought part of its contents to Oakley, who poured
it into the copper. He had also seen Oakley put salt
into the brewage.
The SOLICITOR-GENERAL.--What stuff the public
are compelled to drink !
The LORD CHIEF BARON."-What was the salt for ?
In answer to this question, it was intimated that
the only reason for using salt was to excite thirst.

The LORD CHIEF BARON suggested, that in such
a composition salt water would be a much more
wholesome and useful ingredient ; and, in reference
to a remark respecting the possession of drugs by a
brewer, said, the druggist supplying them was liable
to a heavy penalty.
To a'question whether the witness had ever heard
any complaint of the beer, he answered in the affir-
mative. What was the complaint ? That it made
the customers heady. The strong beer of course ?
No, the " table" beer.—(A loud laugh.)—The wit-
ness then proceeded to state that he found in the
hop back one day a ball of staff rolled up " like a
horse ball," part of which he gave to Birch the
officer, and part to Mr. Hubert, the chemist. He
remembered some hops having been brought into the
brewery which (on account of their bad quality he
believed), Oakley told Britton were seizable,and they
were accordingly removed to his house (Ow they
were subsequently seized by the officers, together
with the Spanish liquorice.)
Joseph Hubert examined—l am a chemist; a
substance was handed to me some time since, by
James Birch (the excise officer), and another by the
last witness. I submitted both to a chemical
analysis, and found both to bg the same—namely, a
vegetable substance, fibrous in its part, such as the
roots of plants produce, and the decoction from which
emitted a flavour precisely similar to that. of liquorice
root.

The condemnation of the hops and liquorice seized,
was here read.

Mr. PLATT then proceeded to address the Jury
for the defendant, who, he stated, was, not a brewer
but a farmer. The defendant's daughter was mar-
ried to Britton some years since. Britton, who had
been an opulent and respectable person, was unfor-
tunate in business, and had been twice a bankrupt..
The Jury were aware that unless a bankrupt shall
pay under the commission in his second bankruptcy,
15 shillings in the pound, his creditors have a right
to seize all his subsequently acquired property, until
that amount shall have been liquidated. Seeing his
daughter and her ,husband in distress, the defendant
did that which every father would or ought to do—
he endeavoured to place Britton in a situation to
support his wife and family, became the licensed and
nominal proprietor of the brewery in question,
and gave it up to Britton, but never interfered in
the business in any manner or particular what-
ever. Was that man, therefore, to be punished
for the acts of another ? Would the Jury hold
him responsible for the improper conduct of his son
in law ? The Learned Gentleman then proceeded
to contend that the defendant ought not to be held
accountable for any matters over which he had exer-
cised no controul. With regard to the liquorice
found, he would ask, might it not have been kept
for a sick child ? The Learned Gentleman then
commented at length, and with much force, upon
the improbability of Chambers's evidence—a dis-
charged servant, actuated, as he had admitted him-
self to. be, by motives of revenge. Here the Learned
Gentleman corrected himself ; he found he was mis-
taken respecting the liquorice, and should call a far-
rier to prove that it was intended not for a sick
child, but for a sick horse.—(A laugh.)—The evi-
dence of Chambers he should falsify by the testi-
mony of Mr. Oakley, the brewer, and having thus
cleared his client of the charges brought against him
he looked to the Jury with confidence for a verdict
for the defendant. _ _

After a few minutes' conversation, the Jury found
for the Crown, for the offence respecting the certi-
ficate (9th January) ; and for the defendant's hav-
ing had unlawful ingredients in his possession ; and
for the defendant on the other charge. The penal-
ties in these cases amount to 4001. The trial lasted
six hours.
THE ATTORNEY-GENERAL V; ATKINSON AND ANOTHER.

This was an information against the druggists
mentioned in the last case, for having supplied the
defendant in that case with unlawful drugs, to be
used in the manufacture of beer.

The defendants submitted to a penalty without a
trial.

ARCHES COURT, JULY 7.
COATES V. ALWOOD.

Dr. JENNER, in this case prayed the Court for a
decree for payment of legacy, under the following
circumstances. Mr. Alwood, the deceased in the
cause had, by his last will and testament, among
other bequests, left to his wife the annual interest
accruing on 10,000/. Three per Cents., and to Mr.
Coates his nephew, (the other party in this suit) a
legacy of 5001.; and of this will he had appointed his
brother, Mr. Jonathan Alwood, the defendant, exe-
cutor. But Mr. Jonathan Alwood had ever since
refused to pay Mr. Coates the said legacy, alledging
that he had not assets of the deceased's estate ade-
quate to its satisfaction. Upon its being represen-
ted to him that he had, notwithstanding, for very
many years (deceased having died in the beginning
of 1812) paid the annuity bequeathed to the widow
he replied that he had done 30, in truth ; but out of
the principal monies,which had come to his hands,
the whole value of deceased's personal estate not
having really exceeded 6,0001. or 7,0001. The
Learned Counsel trusted that there was nothing in
this statement to induce the Court to withhold its
decree.

Dr. LUSIIINGTON hoped the Court would not
make any such decree. The executor stated, "that
he had no assets,"—as an answer 'to Mr. Coates's
demand. Now it was for the other party to have
shown that he had assets, if he meant to press his
claim

Sir JOHN NICHOLL said, that the Court had no
present option but to remit the matter to the Court
below, for the production there of an inventory and
account.

PREROGATIVE COURT, JULY 7.
HANNAM AND BOOTH V. HURD.
This was a question relative to the last testa-
mentary disposition of Mrs. Frances St. Leger,
widow, deceased, and late o f Worksop, in the
county of Nottingham, the relict of Colonel Barry
St. Leger, who, about the close of the American
war, was the Commander-in-Chief of the British
Army in Canada. About 35 or 40 years ago, Mrs.
St. Leger, being then a chambermaid at an inn at
Worksop, Colonel St. Leger became acquainted,
and finally very inti▪
mately connected with her, so
that soon after he arrived out in Canada, she followed
and joined him there, and returned with him from
thence to England. On their return, he built a house
at Worksop, where they continued to cohabit to-
gether until the peri▪
od of Colonel St. Leger's death,
which took place in 1793. About a twelvemonth
before that event, the Colonel being then in a rapidly
declining state, and very paralytic, married her. He
was obliged to be conveyed, by the aid of his ser-
vant, out of his carriage and into the church on that

occasion. During their connection, and to the day
of his decase, he was exceedingly attached to her,
and they had in that interval several children, all of
whom died in the lifetime. of the Colonel or of Mrs.
St. Leger, and all of whom were illegitimate. One
of these children, John Lindley St. Leger, married
his first cousin, the offspring of which union was a
child, now Mrs. Beardsworth, grand-daughter of the
deceased testatrix, wife of Mr., Humphrey Beards-
worth, living at orksoprand now claiming both as
only legitimate descendant of her grand-mother, and
as the residuary legatee named in instruments now
produced, as containing her last will and testament.—
After the death of Colonel St. Leger, the conduct of
his widow beceme most eccentric and extravagant.
The Colonel had left her all his property, which was
very considerable, and as the half yearly periods of
receiving her dividends (in January and July of eack
year) approached, she became restless, violent, and
irritable, to a degree bordering upon,and in the decline
of her life actually determining in phrenzy and insa-
nity. Her most constant and favourite visitor was het
grand daughter, Miss St. Leger; but this preference
was much endangered by Miss St. Leger's going
away, with some degree of clandestinity, in a post-
chaise, and marrying Mr. Beardsworth. Owing tc
her extreme improvidence, and the disgraceful cha-
racter of those with whom 'she -itisociated whenever
she had much money to lavish on them, Mrs. St.
Leger's estate at last became so much impoverished,
and in jeopardy, that at the petition of Mr. Humphrey
Beardsworth, and Elizabeth,his wife, the Lord Chan -
cellor did, in March 1821, issue a commission " cic•
lunatico ;nquirendo ;" and the inquisition held undqr
it, returned her, on the 17th April, 1821, after
examining her and receiving from her many pertinent
and sensible answers, to be a lunatic, but with lucid
intervals ;" and the Court of Chancery, on the report
of the Master, to whom the matter was re-
ferred, afterwards appointed Mrs. Beardsworth
committee of her person; and Mr. Booth committee
of her estate. After the decease of her husband, the
testratix used totake great delight in, talkingof the dis-
tinguished family of her husband ; and even corre-
sponded with them. '° Herhero," as she called him,was
Sir Dudley St. Leger Hill (a nearrelation of the Col.);
Mrs. Frederica Hurd, and Gen. Wynyard, were also
objects of her regard; and she talked and thought,
with whimsical pride and exultation, of being con-
nected with them by her marriage. She always ex-
pressed an intention of bountifully remembering at
her death these and other members of the St. Leger
family, as it was from one of that family she had de-
rived all her property; and, accordingly, by the in-
structions for her will of the 20th April, 1821, she
devised her freehold property, at Worksop, to Si:
Dudley St. Leger Hill, Gen. Wynyard, and T.
G. Hurd, Esq..; to her four executors, therein nam-
ed, Mr. Read (who prepared the will) Sir Dudley
Hill, Mr. Proudfoot, and the Rev. Mr. Goodworthy,
2001. each; to Mrs. Frederica Hurd, 2001.; and re-
sidue to Sir D. Hill, Gen. Wynyard, and Mr. T. G.
Hurd. In the will, prepared from those instruc-
tions, however, two or three of the legatees were
struck out, and 1,0001. and the freehold were given
to Mrs. Beardsworth. It was to her that she had at
all times declared, she would leave the bulk of her
property, sometimes saying she would make her a
lady, and at others reviling her, because she did not en-
gage in those household occupations, which she, de-
ceased, had herself expressly prohibited her from. The
deceased died on the 10th April 1825, and no less
than 10 wills, or testamentary scripts in the nature
of wills, were found after her decease, extending in
dates, from 1806 to 1825. The three papers pro-
pounded, however, were a will, dated in May, 1820 ;
another, 20th of April 1821 ; and a third, 7th May,
1823. By the first and last of these three wills, the
residuary bequests, and beneficial interest generally,
were to Mrs. Beardsworth ; and they were pro-
pounded by the executors and trustees. The second
of the wills gave the chief benefits of deceased's
testamentary bounty to the Hurd family.
Dr. JENNER and Dr. LUSHINGTON were heard in
support of the first and third wills.
Dr. PHILLIMORE and Dr. J. ADDAMS in support
of the second.
The Court deferred its judgment.

MEETINGS OF CREDITORS.

LONDON DIARY.•=rUESDAI
Commissioners, 13
Morton, W., Carter.lane,
Doctors'-commons ll
Mullinger, W., Garden-st.,
Whitechapel 4 11
Pattenden, It., Henfield ... 11
Pearson, J., Walworth lO
Pharaoh, T., Carshalton
Phillips and Co., Goldsmith
street
Potter G., Penchurch-st lO
Vowis, It., Grosvenor-mews 10
Price, T., St. Clements-lane 11
Smith, M., Little Chester-
street
Stanley, G., Upper Ground-
street
Solliers, N., Fenchurch-st ll

Jukv 10.—(At tho Court 0/
Linghall-street.)
Stevens, D., Harlow
Stroehling, P., Stratford-
place, Oxford street
Thompson, L., Great St

Helen's
Waters, W., Luton, Eed-
fordshire
Wickers, H., Greenwich
Wickham, E., jslington-
green
Wilkie, A., Duke-street,
Portland-place IC
Witts and ➢Mss, Chelten-
ham
Worrall, T., Park-street,
Hanover-square

COUNTRY DIARY.—THURSDAY, JULY 12.
Baldwin; 8., Burley—Talbot, Bradford 6
Birley, J., Bawtry, Yorksh.—Corporation Arms. Rossington
Bridge
Davies, S., Llandovery—White Lion, Bristol l2
Fairbairn, J., Hindon—Lamb, Hindon 1
Gillies, J., Liverpool—George, Liverp001..........

INSOLVENTS APPLYING TO BE DISCHARGED,
Petitions to be heard at Portugal-street, Lincoln's Inn Fields,
JULY 13, AT NINE.
Beckett, S., Paddington Moseley, It., Upper Whitacross
Bright, W., Brixton street
Buckingham, M., Craven-street, Nyhan, E., Curzon-street
City-road Palmer, J., Temple-place, Sur-
Burden, It., Chelsea rey-street
Earl, T.. Cheltenham Paragreen, T., St. John-street,
Fixott, C., Stamford-street Clerkenwell
Hammond, W., Strand Parish, J., Tooley-streat
Hutchinson, G., Mount-street, Parsons, S., Tottenham-court-
Grosvenor-square road
beech, W., Sloane-square Wale, T., Maiden-lane
Menzies, A., Little Guildford- Whitehead, T., Holborn
street Wright, S., Fyfield, Essex
Macbriar, It. Leith

COUNTRY.---At the Court.:
Nine
Braddon, 'l'., Launceston
Carpenter, J., Penzance
Hurdy, J., Falmouth
Mallett, J., Penryn
Martin, J., Penzance
Merrifield, J., St. Blazey
Mitter, A, Bodmin
Pollard, S., Endollion
Richards, W., Penzance
Same day, at the Ga
Edwards, E., Ruth in

louse, at Bodmin, July 11, at
Stagg, P. Richmond.walk, near
Devonport
Symons, A., Stokeelimsland
Vosper, 8., St. Stephen by

L:tulicestOn
Wadling, R., Botrosfieming
Williams, R., Gwithian
l'ionge, J., Stratton

;1 at Ruthin, at Tcn.
I Wright, J., Denbigh

•
One day lately, while a servant girl was walk-
ing along the streets of Leith, leading a child,
she gave it a smart pull by the arm in order to
make it mend its pace. The infant immediately
afterwards began to cry bitterly, and the servant
becoming alarmed, took it to a medical gentle-
man, who, upon the slightest examination, found
its arm dislocated, both at the shoulder-joint and
socket. It is a very common practice with in-
considerate females, to pull infants by the arms in
this reckless manner, and it is one which at all
times deserves to be severely reprobated.—Edin-
burgh Evening . Courant.
CORONER'S INQUEST.—On Saturday an In-
quest was held at the Green Man and Still,
Oxford-street, on the body of Daniel Richer,
who was for many years employed as postman
in the General Post Office, and who hanged
himself in the water-closet of that Inn, on, wed-,
nesday evening last. From all the testimony
adduced, it appeared that the mind of the de-
ceased was afflicted with melancholy arising out
of private calamities, and the verdict returned by
the Jury was in accordance, as they pronounced
him insane at the time he committed the
rash act.