Star.
London, England, 1815-07-22 00:00:00

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Larnetweatica.•
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• cOuaga miAticagy,. num. Ale
1:01,,MAGS011 v. na. LICTraDM •ArD WX4TTOL
1144 flit, aftcf ten years' itig4lolll was terminated
this•th, upon p motion for pn order.on behalf of the
(Wend:Mts. tq, dissOlve the injunction obtained by the
plaintiff some years ago upon the present Bill, which
was filed for a' specific performance of a covenant
entered into in the year 480.5, respecting a particular
part of Dr. Lettsorn's estates, situate at Camberwell
Grove, in the county of Surrey, purchased by Mr.
Whitton, the other defendant. . ,
The covenant *as made by the Doctor with a Mr.
Starkey, of whom the plaintiff is assignee, and in that
capacity filed his bill for the benefit of the covenant,:
AS running with the land, although made before the_
sale of the estate. .The plaintiff had many years a 0
purchased a part of, die estates, with a fashionable,
dwelling-horse thereon, and previously occupied by.
the plaintiff. en lease, accompanied by the curious
'eovenant in qecstioo, under which. the Doctor agreed
-not to sell a particular lot of thclaud adjoining to,
the plaintiff's house and land, widtoutgivinghim the
right of preemption byfourteen ,days' notice, wadi
such pre-emption to a five pounds in the hundred less.
to'the plaintiff than to any other bidder, the plaintif
being fearful of annoyanceor nuisance in the event or,
'erections icthe view of his house.
*Mr. Whitton botight all the estates, notwithstand-;
log the covenant, And, oease at law was•sent lephir's
Lordship to the Cook of Common Pleas to truthg:
.kgality of the cote natty, when, aftei- s'epeoted
'Meats, the Cant ot.Law decided that thriovenanti
, was illegal and void in comotoo law. le Support ofs,
the injunction, his Lordship said, it was argued that;
equity could enforce it, although invalid at common,
law; but he considered it nettne of those executory.
Law special contracts entitled to such ixtraotdinary
terposition of the jurisdiction of this Court, but on
the contrary, properly decided by'the Court ()Mora-
/non taw, an& on this occasion took the liberty of ,
stating that be felt no regret at,the censure of some
persons upon- the slowness of,his decrees, and •his
habit otdeciding causes on motion, as he should the
• present, without putting the parties to ten years far-
ther delay-, and doubling the expensei, but.by dissol-,
ving the injunction and dismissing the bill put an ehd
.to -the suit, to which the parties on both sidell awl
seated. As to the intififtatfon against him, of not de-
ciding three causes in thiiie,years, he appealed to the
Bar. the Solicitors. and other experienced persons in
the habit of attending this Court, as to the fact of his
having, within the last three years, decided AVM
causes on motions merely, than any of his predeces-
sors had in any three years determined by decrees. •
Wher.ever the Merits o a case could be disposed of
by interlocutory or other motion, it was over his wish
so to, dispose of it on motion, not feeling.solicitous
about any *ensure on that ground.
The injunction Was dissolved and. the Bill die.
missed, but without eons, except of the law r-
ceedings.

KENT MMES.—MAIDSTONE, JULY 20. , 1
Charles toss • was indicted for the wilful murder of
Robert, Clarion, by throwing him overboard frb a.
Gravesend boat, in dm Galleon's Reach, on the Ist
of April last. . . „..,
I'. Sparrow, the muster of the Gravesend boat,'
said, that the prisoner came on beard the boat. ms',. n
passenge_r, and the deceased well also a passenger..
rbeY left GreveyeAkt *lntlentscr melee atnieht,-.AWI
the test dat of Tehliiiiry. The prisoner aria the de-
ceased .lid not seem to be acquainted. Soon • after
they" came on board, they we •, below. when the
company began singing. Theleoeeed woe* little
humpbacked man, and a sort of aperring-ensued
between him and the prisoner. He than& it
at first a- joke. The little man was veil good Int&
moured, and bore the prisoner's taunts upon his pee;
.son without any ill temper ; but sang unseat lied,
songs for the 'company; *llse prisoner telittlam We•
rat times to hold his tangle, andthrestroed be weend
pot him on the fire, throw:lgns overhand. ere. Whoa
they arrived at Galleon's Reach, the prisoner *ad the
deceased walked forward lifer as the running lacidir;
when the prisoner gawt.thedeceased awhirl. take
box lying on the deeklse struekiti and` fen oviit..,
per
board. *Wee prisonerinwnedLitelY sald, 44 He is
o verboard ;" to . which the witness replied.. "
you rascal, and you lilmelinialt."' All the. S
ag the vessel came -mind the prisoner.. anirtaidial
neght Whs. tokenise* ettstody.
• Wm. Spankborwo wafernsatt, whis'veas. at 'dm
*eh% said•the deceased land thirtarisieler IV
heerdat Gravesend aellasiengersf skit they . ' a
• of porter together: bib ntibbdt neensiditufilf.
They went down below when thief tge6 eitjtiett
the little filial sang siierel coin* setift, snots- was an
very load •husener. - The titeositt CA- otatitiot • in
such good holstein'. bet he timed tiffi. little' Awn a
Meat deal, and said he mii :ii Iliintinghbib- man,
Asada of odds and-ends of men. The little mintre-
plied, .that articles or =teat value we* peeked. hi la
small campus; that ill weeds grew apt*, lie. 116'
fete that the prisoner-had pikeposettlithe- •-.. A-
te jump overboard fan wa_ ger. 'rho-witness. :,.
ing it a joke, said,- N Set KT.. Lard; jump With.
.birth for. a .glars tisk:4.ocl geee luto. the first jump int
Theythen went down. below. When the vessel ar-)
ri.ved.at . Galleon's Reach, the little man came , •
and helped the wino'ss to haul the main sheet eft..
The prisoner and the deceased then walked- fiettarshis
the.prisaaerhad bold of the deceased, and whewthey,
were opposite to .the running tackle, love bins a,
whirl, and the deceased went overboard. He felt
into the water about foes feet from the side of the,
vessel. It was impoosible to save hire. -
- T. Elam% a plot, gave the same account el the
quarrel below deck, and' stated. that the prisition.,
amongst ether things, 'said to die deceased, " piss
shall never reach Woofirich : I-win throw you owW•
board before you get there." He was midi'"-when,
the.accident happened.. .but was waked by ditlisestltt;,
'Ale, prisoner iell down spin Milne's, *ll4'sitid b.,
did not do it. aad:boped they wOuld'korgree .hint.;
The witnesk however when they arriied at Sleek:
wall, liailedNhe police-boat, and • delivited WM into
custody.
.
The body was found b 4 the 111th of „A 001:. :' '' • 1
Several witnesses were called. who lived* eil-.
astern good character fee honsidityi, ThisYstlleil
him to be a journeymaa breed* sniiket; atertlitield.
[The Learned Judge, ie AIWA% olVto 'the 'Arts'
said. they would consider wank( the pritibbie its,
tended to throw the detailed evirsoo 411 "V