Star.
London, England, 1825-05-05 00:00:00

iremmi

LAW REYWIT.

COURT OF CHANCERY, MAY 4.
GORDON V. GORDON.
In this case, which has been under consideratizm in
the &trent branches of this Court for scan! years, and
h which the defendant, Mr. Jame, Gordo:), is a Gen-
tleman at the Bar, his L-rdship gaS;c lodgment at cnn-
side,able length. It came before tle Corp t On a re-
hearing. after a decree had been give:. The principal
points were, the question of legitimacy of the plaintiff,
which involved t! e property of estates in the West
Indies ( ,nd which had been estahiished by the verdict
of a Jiihy, neon an issee diieeted by Sir Wm. Grant),
,and whether the defendant was cognizant of that fact
previous to certain agreeMents with the plaintiff, who
was his hrother. His Lorthhip affirmed his own decree.
Mr. James Gordon appeared on his own behalf.
ItUDGB v. NEW.
This was a bill filed by the plsintiff, a Gentleman
at Evesham, for an injunction to restrain the defend-
ant from making bricks, tiles, and pottery, on land ad-
joining the plain•tff's gardina and hot-house, whereby
the plants and valuable exotics were damaged and de-
stroyed, and the dwelling-house made untenantable.
The bill, besides alleging the ruikance, distinctly
charged the defendant's proceeding a. havirig arisen
from a refusal on the part of the plaintiff to purchase
the land of the defendant at an unreasonable price.
The deendant demurred to the bill, contending that
be was entitled to -make bricks out of his own land,

and upon his own premises.
It was agreed on all hands that no mar. could be
restrai-ed from making bricks for the purpose of build-
ing nu his own ground ; a.ol the Lonn CIiAIiCELLOR
adverted to what had occurred to himself many years
back, whilst he resided in Gower-street, where the
smoke proceeding from the process of brick-making
destroyed his peach-trees, Sec. but he was obliged to
submit, although, his Lord,hip said, he thought a good

deal about it.
Mr. IlonNE, for the plaintiff, contended that the de.-
fendant's proceeding originated from malicious mo-
tives; and that in al the cases where injunctions had
been refused in pari malefic, the defendants had been
bona fide builders or brick-makers. Ile admitted the
utere ;In, bat colpled with aliment non Was.
Tire Loan CHANCELLOR observed, that the applica-
tion should have been more prompt, as the defendant
had been permitted to incur needless expense. The
plaintiff would have no equity in this case, if he merely
alleged that his hr.rticultural pursuits were obstructed,
and his property deteriorated. If the-defendant chose
to become a br Lk-mak r, this Cohn Could not inter-
fere, as Mr. Heald had properly stated; but suppose,
his Lo:dship rema•ked, that Mr. Heald took chambers
in Lincolo's Inn, and his landlord, for malevolent ob-
jects, were to set up the business of a gold-beater close
to him, what would Mr. Heald say to that ? By the
Scotch law, which borrows More from the civil law
than ours, his Lordship observed, persons are not al-
lowed to make what is called an emulous use of the
property, whereby others were detrimeated. It was ne-
cessary for the Court to know whether the defendant
did not really buy. theland with the view of forcing the
plaintiff tb take it at an increased price, and thereby put
2,000/. in peke ? No man could be allowed to do
this. His Loidship would overrule the' demurrer, but
would grant ao injunction until dates were inserted in
the bill, to lead to a, more precise knowledge of the
facts. In all such bills, dates should be attended to ;
and his Lordship declared he would never grant an in.
junction without them.
VICE-CHANCELLOR'S COURT, MAY 4.
MACNAMARA V. IMIVERZUx.
This Was a demurrer to a bill filed by the plaintiff,
which bill stated that the defendant Devereux was al
General of Division, commanding the Irish Legion in
the service of the Colombian Repdtlic, to which the
plaintiff acted as Commissary-General, in which capa-
city he sent oot various recruits. stores, and provisions,
to Colombia, for the use of the Legion, in 1819, by the
defendant's directions, on account of which he (the
defendant) was indebted to him in a considerable sum
of money. In August, 1823, an agreement was en-
tried into in Solidi America between the parties, by
which the plaintiff undertook to have all his accounts
regularly made out, and submitted within a year from
tilit time, and the defendant engaged to pay him the
amount; as a security for which, he lodged cash to the
amount of 10,672 dollars, and bonds to the amount of
150,000 dollars, in the hands of Hurtado, the Colom-
bian Minister. The plaintiff being unable, through
apprehension of being arrested for debts incurred by'
sending nut the provisions, to appear in the country at
the period specified by the agreement, the defendant
was insisting upon Hurtado returning to him the se-
carities lodged in his bands for the fulfilment of the
agresmest, and threatened him with an action of trover..
After stating some other particulars of the transac-
tions bet Ween tee patties, the bill cLucluded by praying
that 11:4 Court wonld refer to the Masser to inquire,
what want was due Iron) the defendant to die plaintiff,'
on accour.t of the said stores,provisions,&c. so fureisf ed
as before stated for the use ot.the Irish Legion ? Genet al
Demme demurred to the bill on the ground of wait
of equity, the trausactiors on account of which the
alleged debt was claimed b: log against public policy,
wading to end; tger the safety of the kingdom, and
being contrar y to the express provisions cf several Acts
of Parliament.
• Mr. Haat.% in se ',posting the 'demurrer, contended,'
that the whole of these transactions were illegal. Co-
lombia could only he recognized by the Coto r at that
time (1819) as a colony engaged in hostility with the
resent state, which was in amity With Great Britain.
He referred to the statute 9 Geo. 11. chap. 30, which
made it a capital felony to enlist, or proctite the en-
listment of, any oft e king's subjects as soldiers in the
service of any faeign Power; and neat, to the 59th
Ciee.lll. chap. 69, wi ich repealed t:'e former, but sill
made such conduct a misdemeanour, -
g se or imprison met t.
'Me Vies-CueNcsi.Los observed,

• •
Diveteux (who wai now ji vinfat 49,Sotitt atm-tow,'
Bloomsbury), by admitting the: truth of the allegations
contained in the bill, which proved, according to Mr.
Heald's argument, that he (Daver eu x) had been guilty of
a serious offence against vatiotts Acts of Parliament, in
having raised troops in this country for a foreign Power.
He was also astonished at it, after the dPclaration
made by Devereux, that he would be always ready to
settle any debt incurred un account of the Irish Legion,
or incutred by him on any other account, or in any.
country. The objection here urged,. however, would
not st4nd, because the bill did not state that the Irish
LTgion was composed of natural born subjects of this
realm. A body of troops in any country might be
termed the Irish L^gipn, and yet not be composed of
Irishmen. The Court, therefore, would not infer that
they were natural born subjects of this country, unless
they were so de..cribed.
The Vim Cua.wett.up was of opinion, that the words of the
bill were antkieotly clear to show they were natural-born subjects
of this realm.
Mr. Somme .would yield that point, but asked if his Honour
thought that furnishing the stares was illegal?
The Vics-Citexcau.ou was also clear upon that point.
Mr. &GI:MN admitted the difficulty, and therefore
would not wate the time of the Court by attempting
to argue the case further. But he wished the Public
to know the way in which this General Devereux, who
lived at 49, Southampton-row, Bloomsbury, chose to
pay his debts. After deluding a great many of the
King's subjects, he then came into Court and proved he
had violated several Acts of Parliament, in order to
screen himself frum_leing compelled to fulfil his solemn
engagements.
Mr. HEALD said, that his client lived abroad at the
time the troops were raised. But he would not halm
had recourse to this demurrer, had he not satisfied
every demand upon him long ago. When pressed to
state this, he (Mr. Heald) said he would not say any
thing for or against any man, where it was merely his.
business to argue pleadings; and he had only broken
through this rule now, because his friend had so fre-
quently, during his argument, delivered General De-
vereux's card.—Demurrer allowed.
COURT OF KING'S BENCH, MAY 4.

THE KING V. MITCHELL AND KING.
These defendants, one a large farmer, and the other a
gamekeper, residing in the neighbourhood of Norwich,
were brought before the Court on Habeas Cospers, to be
bailed from their commitment under a Coroner's inqui-
sition, charging them with the manslaughter of Jonathan
Wells. It appeared, from the depositions, that the de-
ceased, a lad of 18, was trespassing with several others
in a field occupied by Mitchell, and that, on being pur-
sued by them, he ran into a river, and was drowned.—
The. complaint against the defendants seemed to be ra-
ther that they lorebore to assist the deceased than ac-
tively occasioned his death. There were long affidavits
on the part of the defendants, which were not read.
The Coca: directed the defendants to be bailed, Mitchell in
-2001. and four sureties In 1091. each, and nit in Not. and War
sureties of 4W. each.
Colonel Wodehouse, the Lard Lieutenant of Norfolk, Mr. Ho&
sea Gurney, kir. Richard Gurney, and the Rev. Richard Sandford,
became sureties for both the defendants.

COURT OF COMMON PLEAS, MAY 4.
GRIN. CON.IIARVICT W. aRANGOMN.
Mr. Serjeant WILDS on a former day obtained a rule
to she,w cause why this trial, which was for criminal
conversation with the-plaintiff's wife, should not be put
off tll the sittings after Trinity Term, on the round
that two witnesses, material to the' defendant's case,
were now it; the West Indies, where the cause of action
arose, and could not arrive before the time stated.
These witnesses had formerly been servants to the de-
fendant, but were now soldiess. Application had been
made to the Commander-in-Chief, for leave that they
should come, which was granted.
Mr. Serjeant VAUGRAN now chewed cause against
the rule. He complained that the defendant pad not
sbewn sufficient reasons in his affidavit that the witnesses
were material to his defence. The plaintiff had several
witnesses now waiting for the trial, one of whom was
on furlough, which would shortly expire, and others
expected to be called away. The plaintiff had, besides,
several other witnesses whose evidence he deemed essen.
tial, but they were in distant parts, and if the defen-
dant's sapplication for delay was granted, he would
claim to have these witnesses examined upon interro-
oatoriet. Under these circumstances, the LearAed Ser-
jeant submitted that the defendant's application could
not be granted.
The COURT said, that the defendant's affidavits were
bad, inasmuch as they did not specify any sufficient
reason why the trial should be stayed, to obtain the
evidence of the two witnesses. The defendant had,
however, an opportunity to amend his affidavits in this
respect, but his motion at present could not be wanted.
If the plaintiff's witnesses should in the meantime go
away, it would be necessary for him to state on affidavit
whether they were called away on pleasure or duty, as
the practice of taking evidence upon iaterrogatories was
very inconvenient, if not bad.—Rule discharged.

At the ceremony of the Coronation of the KING of
FRANCE, the Officiating Prelate will 1)e the Archbishop
of ItuathA. The Bishop of SOISSONS, in his quality
Of Suffragan, will act as Deacon; and the Bishop of
Minute as Sub-Deacon. • The two French Cardinals
will occupy the two sides of the altar—the Archbishops
of BOA t+coN and Booacai; and the Bishops of Atrrow
and Evneux are appointed to say ihe prayers. Tlv
Cardinal de LAFARE is said to be the person appointed
to preach at Vespers on the eve of the ceremony: -
The obsequies of Baron Dram Member of the
Academy of Fine Arts, were performed on Tuesday,
atltnnii, in the Church of St. Thomas d'Aquinas, which
was his parish. Almost all the Members of the Institute
attended, and accompanied the corpse to the Church-
yard of Pere la Chaise. There were twelve mourning
coaches, and a considerable tiumber.of private carriages.
Military honours werq, paid to the deceased.
Cuuacu MISSIONARY SOClETY.—Tuesday the 25th
Annual Meeting of the Sub%cribers and Friends to the
I,

His Vrt:llublp Abraded iso 'dm pp: M 5 Itaingthy 110111ersap
dsiy Mr. Stephen Griggs that .kimusinkt kw,' kiln awake tit like
manner again, Mr.. Felix • Alacartlq. alyould put in bail... They
et'-
tired to talk about it, and in five Inhintes Ale. Stephen Wins an•
nonnced that ie was !addled,. and Mh Felix filecardisy
discharged.
MA a LtonouGll-StRIZEt -
Joke Cumin, aq Tridunan, was brought before the Magistqtes
rely
this office yesterday, by a constable of St. George's, charged with
soliciting charitable assistance from segeral of' the Nobility, atid
with resisting the said constable in the aetution tif Ms duty. Tl*
officers of the Mendicfty Society were present, who described the
prisoner as an impostor, and a most desptrate character. Thee
stated that he had been exceedingly troublesome at the Admiralty
Office, and that he had 'threatened the life ot Mr. Dyer, a Gentle-
man belonging to that department.. On the person of the pr
were found a number of papers, certificates, ke. by whtds it atr;••
peared he had been engaged in.most of the actions, stagat and op
Wary, which daring the late war added such splendour to die ES.-
ti•th arms. The prisoner, by the exhibition of these papers, hat itEiA-
tainefl money from different persons; and to put an cad to his;
practices, one of the clerks of the Amighty wrote upon thent---r
that his statements were untrue, and that he was a bad chary
ter." The Magistrates told the ftlsoner that there could be no:
doubt the decumedts were false, and ordered him to be corns*** •
for three months to prison, for resisting the officers who 20re:
handed him.
John Tsvpin, i notorious and most desperate cluirecteritately
siding in Westminster, was charged with attempting to commit a
burglary in. the house of Mrs. Wisdetn, No. 3, Little Rider-time,
St. James's. At, three o'clock on Wednesday morning, Mr.
Enderby, a lodger in the house, was alarmed by heiring some oldie
forcing open the shutter of his house, which bad formerly been a
theatre, but lately partitioned off into dwellings.—ln a few ndlictee
the shutters were forced open, and the window also, and an arm
was introduced by a man who held a dark lantern in 'his hand.
Mr. Enderby concreted himself in a corner, and obsetv..4 the
prisoner distinctly. lie seized .a weapon that lay neat' WM, atid
made a blow at the prisoner, hut the weapon struck ,the window
frame, and the prisoner dropped the !althorn, and took to his
!see'. Mr. Enderby kaped through the window, cud pursued
him, -and succeeded in taking him into custody. The pmer's
hat fell off in the course of the pursuit. He was comn itted for

SliCOTI:110 AT A LADY.—Tuesday.afterrtoon, a re-
spectable Lady, residing in T--street, Cambridge,
was at her toiler, and heard something like the tepott
of a pistol, of which she took little notice; bt.t, in
.a
few minutes afterwards, she was greatly a'.arme.l by a
second report, accompanied by a derangement of her
head•dress, nor was her terror at all abated by disco-
vering that a bullet had perforated her cap ; it entered.
above her comb, and passed out on the opposite side.
This was followed by a third sho-. From the situation
in which. the Lady stood, it is supposed the shots pro-
ceeded from an upper window in -- College. The
matter is to undergo collegiate investigation.
The following chews the increasinp importance oft4a
trade of the United Kingdom with Turkey and Rgypt.
The value declared at the Custom-house, of goods et..
.ported, was •
In 1822 . . . • X 972,447 8 1
In 1823 . . 1,274,231 18 9
In 1824 . . . 1,397,509 4 11
An Account has been presented to the house of Com-
mons of the quantity of Gold and Silver exported in the
last ten years, which cannot fail to be interesting at this
momebt.. The total export of Gold has hefn
GOLD. -SILVER. . .
OUNCIS. awn. OUNCEi. DWI'S.
In 1814 . 288,121 17 . 2,699,933 18
1815 . 346,050 12 . 6,421,888 1
1816 . 11,703 2 . 6
.814,083 18
1817 . 176,443 2 . 8,522,710 16
1818 . 137,041 4 . 17,777,566 11
1819 . *3,223_ 2 • 74356,086 0.
1820 . 59,570 19 • 5,550,467 6'
1821 .. 13,829 0 . 4,04,157 1/
1882 . 284,277 16 . 14,658,951 14
180.5 . 190;415 15 . 11,724,019 6
._ . 1884 . • 1,134,407 13 • 8,705 977 14
The value of the gold and silver exported in the last year, at the
standard prices of those metals, may be taken in round munberg at
6,500,000/. sterling. Of this large export, the greater part has
been to France, viz. of gold, 907,048 ounces • of silver, 4,081,918
Wises. Holland stands next to France in dse quantity of gold it
bee received, 108,864 ounces having been sent thither in 182$; •
*nil next in the quantity of silver, 2,344,607 ounces having bren
sent thither ost account, we suppose, of the loan transactions. It
dins appears that of the gold exported in the last year, rdne.deventhe
Were seat to Ranee, alba one-eloventle to Holland. Of the diver,
,asar
ly one half was sent to France—and the toad value sent to that
eqlsory was about four millions and a half sterling. These at.
elven do sot exhibit the imports (which are not to be ascertained
at eseasei.bulase) but it is quite impossible that any consider.
able lf ' could have bees going on at the time of so
liege an - ,
• _..____-_-_,_.

BIRTH& .
April 29, at Caoterbury, the Hon. Mrs. J. ,Boserwen, of a
daughter.
January 9, at New York, the wife of Captain Walton, R.N.
of a daughter.

DIED.
Tuesday morning the 6tl inst. at his house in Grosiilbar-street,
Sir John Con Hipphley, Batt. in his 110th year. •
April 19, at Bdinburgh, the Hon. Mary Abercromby. wand
daughter of General Sir Ralph Abercrosnby, of Tulllibody, K.B.
and of Mary Anne, Baroness Abercromby.
Thursday, it Oxford, after a few days illness, aged 73, Mr.
Wm. Woodcock, Bachelor of Music, many years Organise test
New College.
Wednesday se night, at St‘ Finn's Bar, Cork, the Rov...loolsua
Berkeley, Rector of the Parish of the Holy Trinity.
Near Rangoon, on the 7th of October last, in consequence
of the would, he received while storming a stockade, Captiin
William Allan, 54th Regiment Madras Native Infantry, 'West
son of Mr. William Allan, Leopoldidace Edinburgh.
April 22, suddenly, at Tollamme, the kev. Jaw* Al'Ems for
thirty years a highly respected Minister of the Wesleyan Methodists.
At Casein Bazar, on the 16th November bast, uuddenly, Henry
William Droz, Esq. in the Civil Service of the Hon. East India
Company, Bengal Establishment.
April 10, at %Vision, Lanarkshire,, James Ritchie,. Preacher. of
the Gospel. About forty years ago, Mr. Ritchie became a licen-
tiate of the Established .Church of Scotland, and passed through
the early stages of his probationary state with usefulness and re-
spectability. As a scholar, his attainments were not despicable ;
as a divine his views were just; and, as a preacher, his composi-
tion was classically pule, chaste, and elegant, and his manner se-
rious and impressive. Owing to disappointment in regard to pro.
motion in the Church, he became at times sullen, morose, sour,
and despondent ; aitd was scarcely companionable till cheered bg an
enlivening glais. For the last twenty years of kis life be was a
wanderer on the face of the earth. His only home was the house
of, a female relation, who, though nbt in affluent circumstances,
was kind to him and attentive. Ills vitits to her humble retreat
were like thaw of a bird.of passage, for be sucnisslval,
different parts of hi, annual migration. Near the cloivof a !leek
be approached the Manse of a Pariah Minister, and, if asked to
preach, remained with his reverena host a day, a wielt,a fortnight.-
or a month ; but if be met with a fool reception, he'promedied to
the Manse of another, and's() on, till ha bad mempleted the:eirruit
of Lanarkshire, Ayrshire, and Poolales-shire.
habiliments were furnished to him by the contributions of the aha--
ritablo and benevolent, both cleray'and laity, but he was hardier
ever entrusted with money, as he was suspected el' upindlleotiotia
for the Society of boon companions.