Star.
London, England, 1824-07-24 00:00:00

COURT OF EXCIIEQULR, JULY 23.

--,.......-
Petition of Lady Bram in the Cause Next v. Lord lislux and
another, Executors of Lord WI Nll/011111.

Mr. SnADWELL, on behalf of Lady Byron, stated,
that the petition prayed that certain sums of money
paid by Dr. Lushington and Mr. Colburn, her trustees,
under the will of Lord Wentworth, to Lady Robert
Manners, as mortgagee of a certain estate, devised to the
petitioner by Lord Wentworth, might be repaid, with
interest, out of the funds in Court in this cause. The
facts of the case, the Lea! ned Gentleman said, were,
Lord Wentworth, by his will, devised a certain estate,
called the Noel estate, to his daughter, Lady Nod, for
her life, with remainder to her daughter, Lady Byron.
The Noel estate was subject at the time of the devise to
a mortgage debt of 20,0)0!. due to Lady Robert Man-
ners, and Lord Wentworth directed by his will, thit
this debt should be paid off out of the proceeds of other
property, so as to give the Noel estate free from incum-
brance to Lady Noel for her life, and to Lady Byron in
remainder. Lord Wentworth also directed by his will,
that a certain estate, called the Rowley estate, shoulJ
be sold for the discharge of incumbrances and other
purposes; and a question arose whether the mortgage
of 20,0001. due on the Noel estate was to be paid out of
the produce of the Rowley estate, or out of Lord Went
worth's personal estate? The late Lord Chief Baron
made'a decree, directing that the mortgage should be
paid out of Lord Wentworth's personal estate, from
which decree an appeal was trade to the House of
Lords, and a sufficient portion of the produce of the
Rowley estate was ordered to be paid into Court, to
abide the event of the suit. In. the meantime Lady
Noel, during her life, paid Lady Robert Manners in-
terest on the mortgage, as she was bound to do ; and
after her death, which took place before that question
was decided, Dr. Lushington and Mr. Colburn, as trus-
tees of Lady Byron, to whom the estate then came, con-
tinued to pay the interest on the mortgage. The House
of Lords have since decided, that under Lord Went-
worth's will, the mortgage on the Noel estate should be
paid out of the produce of the Rowley estate ; and the
Petition only prayed that the several sums paid by Lady
Byron's trustees on account of the interest accruing
on the mortgage, should be repaid out of the fund
in Court, with interest thereon, as it appeared by the,
decision of the house of Lords, that the mortgage
ought in the first instance to have been paid out of the
produce of the Rowley estate, in which case Lady Noel,
or Lady Byron, would not have been called on for any
payment on that account.
Mr. MAttrzbr, on behalf of the residuary legatees;
under Lord Wentworth's will, contended, that Lady
Byron could only be entitled to the actual sums paid
by her trustees on account of the interest due on the
mortgage, but not to interest on those sums which
would be interest on interest, contrary to the established
rule of Courts of Equity.
The CHIAN BARON said this case must be decided on
its own circumstances, and not according to the general
rule. In this case the produce of the Rowley estate had
been paid into Court, and was making interest. It
appeared by the decision of the House of Lords, that
20,0001. of that produce ought to have been paid in
liquidation of the mortgage due on the Noel estate; but
while that decision was obtaining, Lady Noel and Lady
Byron were compelled to pay interest on that debt;
certainly, then, they were entitled to the interest made on
that sum in Court, which ought to have been applied to'
the discharge of the principal.
The other Barons concurred in this opinion, and an
order was made accordingly.

ROLLS COURT, JULY 22.

BAKER V. MUNK.

This was a question brought before the Court for the
purpose of ascertaining whether a trustee was liable for
a sum of 1,0001. which he had paid into the hands of
a banter who had failed?

Lord GIFFORD, in giving his judgment, said he had
carefully perused the documents which had been handed
to him, and also the Master's report. He had on a for-
mer occasion been induced to take a different view of
.the subject, it having been represented that the widow,
who was entitled to an annuity, had in some measure
consented to the money being paid to the banker. He
had, however, ascertained that such was not the case ;
and be was therefore of opinion that the trustee was a*c•
countable for the 1,000!. and his Honour also directed
that lie should pay the costs. With respect to another
defendant, who was included as a co•trustee, he did not
seem to have given his consent for the money to be
lodged in she banker's hands, and his Honour directed
that he should have his costs.

Monday te'nnight, the Crown Prince post coach, run-
ning from Birmingham towards London, was overturned
between Daventry and Weedon, by which accident seven
persons were severely injured. The coachman escaped
without any injury, having jumped off the box as soon
as he perceived the danger.
An elegant iron balcony has been placed to_the first
and second Roots of the beautiful range of houses in the
Rue Rivoli, Paris, by which the inhabitants may visit
each other from their windows without descending into
the street. These balconies continue, without separation.
along the Rue Castigliona as far as hs Rue Montabon,
On the 10th of this month, Matthew Metz, a Fusileer
id the 61st Regiment; in garrison at Strasburgh, in a
rage fired at his Corporal, one Pagel, and killed him on
the spot. He was tried immediately by a Council of
War and sentenced to die.—Metz, at half-past six on
Wednesday morning, the 14th, walked out, and, in the
presence of numerous detachments from the garrison,
was shot. He died with firmness.--Jcemsel des Della,.
Two children were poisoned last week, at Holswor-
thy, by arsenic having been nixed with sulphur, instead
of its usual accompaniment, cream of tartar.

EAST INDIA HOUSE.

A Special General Court of Proprietors of East India
Stock was yesterday held at the Company's House, in
Leadenhall•street, for the purpose of taking into consi-
deration the present state of the press in India, and the
proceedings which led to the banhhment of the Editors
of The Calcutta Journal.
The CHAIRMAN (W. Amax, Esq.) briefly stated the
business which the Court was assembled to consider.

Mr. HUME immediately rose, and proceeded to deli-
ver his sentiments. He expatiated at great length on
the importance of a free press both to Europeans and to
the natives of India, but more particularly to the latter.
He contended that the conduct of Mr. Adam was per-
fectly inconsistent. That Gentleman, in his defence, had
asserted that there was no public in India capable of
forming an independent opinion; and yet, in an answer
to an Address from the inhabitants of Benares, he de-
clared that he should always prize the sentiments con-
tained in that Address as they came from a body of
men whose abilities enabled them to judge correctly of
public measures. An Honourable Baronet (Sir J. Mal-
colm) had, at the former debate, also observed that there
was no public in India.—CSir J. Malcolm, " I spoke of
a native public:'--Mr. Hume said, if that were the
case, still he must insist, that, with respect to the native
population only, the press was of the utmost import-
ance. They were bound by the Legislatute to provide
for the moral, intellectual, and religious instruction of
the natives. They had promised to do so—but it was
quite evident that they violated that promise when they
put shackles on that great moral engine the Press. He
believed most, if not all of those who at the last Court
voted against the production of papers were Members
of Bible Societies, and affected a strong desire fur• the
diffusion of religions knowledge. Now he would ask
how they could reconcile that conduct with an attempt
to put down the press in India, and thus shutting the
great avenue to knowledge? He denied that the law of
the Learned Gentleman (Mr. rmpey), whom he did net
see in his usual seat within the bar, was correct on this
subject. By the way, he should like to know why that
Learned Proprietor, whom he should call the twenty-
fifth Director (a laugh) sat in that place? It certainly
gave to his sentiments a degree of weight and import-
ance, which perhaps would not otherwise attach to them.
The Honourable Proprietor then adverted to the restric-
tions placed nn the Press by Mr. Adam, which, he ar-
gued, were more arbitrary than those imposed by
his Holiness the Pope ; 'by the bigoted Embroiderer of
Petticoats, the King of Spain ; or by the wise King of
Portugal. He then enumerated at length the good ef-
fects which a free press produced in this country' and
demanded why Englishmen, who prized that blessing
so highly themselves should refuse to India a participa-
tion in it. The Hon. Proprietor concluded a speech
which occupied more than three hours by moving for a
variety of documents connected with the subject. After
some further observations the lidn. Proprietor moved
for copies of all minutes of Council of the Government
in India relative to the Press.
Mr. R. JACK-SON asked whether the Oburt of Directots
had expressed airy opinion with respect to the question
which had been brought under their consideration?
The CHAIRMAN said they had, and, by his direction,
the Clerk read a Resolution of the Court of Directors,
approving of the measures which Mr.Adarn had adopted
toward:: Mr. Buckingham.
Mr. K. JACKSON then addressed the Court, and ap-
proved of the conduct of the Indian Government in all
that concerned Mr. Buckinghtm. He thought the Court
of Proprietors would neglect their duty if they did not
stand forward to support those to whom they had en-
trusted the superintendence of the Indian Empire. The
freedom of the press was absolutely in contradiction with
the safety of our possessions in the East. Ile concluded
' by moving that the Court do approve of the resolution
of the Court of Directors, which had been read.

Mr. S. DIXON seconded the motion.
Mr. BUCKINGHAM addressed the Court at considerable
length, and defended his conduct.
Sir C. Foltz Es supported the original motion.

The CHAIRMAN shortly stated his objections to k.
The original motion was then put and negatived, and
the amendment proposed by Mr. It. Jackson agreed to.
The Court adjourned at half-past eight o'cluck.

POLICE INTELLIGENCE.

BOW-STREET.

Aseatn.m.—The warm weather, as usual, has been productive of
muck pugnacity ; and the Magistrates are sadly pestered with mail-
cations for assault warrants in consequence.—" If you please, Sir,
I wish for a warrant against a Lady who insulted me by pulling
my bonnet all to skirricks, as I were a walking down Doory-lane,
Sir."—" Please your Volothip, I vaunts a vaurrunt agin a man vaut's
gin me this ere black eye."—."Fait, yer Honour, will ye be after
letting me get a little bit of a warrant for a bating I got from Tim
Toole just now?" is the burden of the song from morning to night;
and were the Magistrates to grant only one half of the warrants ap-
plied
for, there would not be officers enough on the establishment to
serve them. The following is a fair sample of some ten or a dozen
which were granted and brought to a hearing before Mr. Dinosaur-E.
yesterday :
WiLsow v. MOZHAM.—The parties are porters at the Golden
Cross, Charing-cross--Mexham of thirty years standing, and Wil-
son, a fellow of yesterday. Itioxham appeared with a three-inch-
square adhesivesplaister en the back of his head ; and Wilson with a
long one all across his forehead. Mozham displayed a demolished
waistcoat and a blood-stained handkerchief; and Wilson exhibited
an ugly laceration of the right cartilage of his olfactorium.
It appeared by the evidence Kr the prosecution; that as Moxham
was standing at the door of the golden Cross tap with a pot of por-
ter in his hand, Wilson passed by, and Moxham said, " There goes
a soldier.built buffer!"—" Better not come that again, Master
Jemmy," said Wilson, and sestet came the porter in his face ! And
then, before he knew where he was, the bottom edge of the pot
" came whack into his brow," and slash went the cartilage as afore-
said. He admitted that he did not take all this quietly, inasmuch
as he knocked Moxham down by a chattering hit on the dersteili—
but this was only to prevent further mischief, and therefore he con-
rtended that this was no bar to the present prosecution.
For the defence, it was strewn that Mr. Mozham did but ask
Mr. Wilson why he had taken the liberty of fastening a sheet of
burning paper to the hinder end of his waistcoat on the preceding
night—he, Mr. Mozham, having been credibly informed that Mr.
Wilson did actually do that thing; when, instead of giving a verbal
explanation, he took up his foot and kicked Mr. Mozham's cater
trephe, at the same time observing, most.erroneously, that there
was no law for kicking through leather !" Upon receiving this kick,
Mr. Moxham return the compliment with the quart pot as afore-
said; and he submit[ Rl that he was fully justified in so doing.
The Magistrate was of the same opinion, and nonsuited plaintiff.