Star.
London, England, 1817-08-30 00:00:00

LAW INTELLIGENCE.

COURT 0/P CHANCERY, AUGUST O.
OPERA HOUSE--411DOUZWT.
71111 LOAD CHANCELLOII.—MT. Hart, have yen any
thing further to add to the statement you made yes.
terda y ?
Mr. HART—My Lord, 1 have now nothing to do
with the case; let Mr. Duthie and Mr. Mills now
settle it, as the quasi-el lies between them.
Mr. DUTHIE-- I apprehend, my Lord, that dot
illustration ul your Lordship yesterday was not wholly
in point, as 1 humbly conceive your Lordship will
find, when you look over the present statement r
am now to submit to your Lordship.
Mr. MILLS complained he had not seen the statement.'
Mr. DUTHIE then went over his statement and con.
tended, that n was obvious, notwithstanding the so.
phistry of the other side, that by the sum of 428.973
only being paid in, that his client would infallibly
lose the sum of 3000 odd pounds, which he was pre-
pared to chew was, along with other accounts, a full
payment of the mortgage money, and that therefore
it was not pr, per that the said sum of 41000 should
be in Waters'a pocket, while Taylor was kept where
'be was.
The Loan CHANCIILLOR•-. I am extremely satisfied
with your accuracy, Mr. Duthie; bat the view I take
of it may be owing to my laving so long not under•
stood the statements made by you, both which, from
the difference of 'opinion among you, I see have been
very conflicting. But I shall suppose the ease OVIS
Take it for example that the Master's Report includes
all the claims, aad among them this mortgage money.
If it does so, then it Mr Waters pays the money into
Court, he most pay it fakes that sum of the most.
gage. This 1 take to be your ease, Mr. Mills.
Mr. Durant—At the octant moment, my Lord,
Mr. Waters has nine sixteenths of the mortgage-
money in his own hand.
The Lr'RD CHMICILLOR—You admit. Mr. Duthie,
that the mortgage was due to Mr. Waters on the
9-16ths belonging to Taylor. Well, since that is so,
surely they have a right to the whole money on the
16•16ths, but I do not, 1 am ready to admit, under.
stand this statement. But suppose that 430 only
were the question between you, and that Taylor owed
Waters M. which was valid, then the sole question
turns obviously on the simple point of this debt being
just or not. Again, to revert to this case, I think
the best faing y.. 0 cast possibly do is, m there is so
much d:spiite about this mortgage money, let the
sum paid already stand untouched, and let the ques.
lion about the £5OOO of mortgage he over till the
second seal, when, if you are dissatisfied with this
opinion. or' think I have given a wrong direction,
then you may apply to the Court ; but while I make
this order let it be understood, that if I should be in-
duced to make any alteration, then Mr. Waters must,
it he is called to pay the money, do so with interest
of 5 per cent. Does this opinion satisfy you both ?
Mr. Duran:—Yes, my Lord, if Mr. Waters binds,
himself to adhere to what your Lordship has now
stated.
Mr. Mitts—l think it very yeasonable.
The Louo Cnaiscamant-1 am very glad. Tim
shut the Opera-house for this season.
NURSERY GARDEN&
Iniessawe v. PM
The LORD CHAttcsuungiarElßdsooll io this ems
h was a motion on the part of the plaintiff, to have
a receiver appointed to a amain property, and the
question to be determined was, whether it was the
sole property of the plaintiff? The plaintiff and the
defendant had been for a considerable number of
years partners, in extensive nursery gardens, situated
on the Hammersmith road. Tcwards the conclu-
sion of the sear 1818. Kennedy wished to retire front
business, and to dissolve the partnership. A rope.
sal en this effect was made to Lee, to which he offered
objection;tto and at the plaintifPs requ.st he deli-
vered to bins a valuation to the premises, utensils,
Etc. belonging to the firm, which amounted to
ilti6o.o. exclusive of bond and book debt. Tbe
plasm if/ considered the premises tube wortbdouble that
sum, and he represented to the defendant that from
then accounts it was manifest that the average re.
eeipts of each, for the last twelve years, from the pro..
pats. amounted annually to dl5OO, and for the last
six years the average receipts of each annually were
Clhot); that the book debts had accumulated very
considerably, and that at the lowest calculation the
property was watch nom This representation
was made by the plaintiff to the defendant in
letter dated the 18th of October, 3816, and he
tdded, that such being, in his opinion, the value of
concern, lie would not dispose of his share for a
mess id pottage." To this letter Lee sent one in
dated the 2841 of the same month, in which
stated, that as Keunedy considered the premises
ortli ,120,000, be was willing to sell him his share
• dlO,OOO, so that here was a proposal snide by
defendant to the plaintiff to sell his own share for
:reified sem. 'fhe question then came to this,
Kennedy accept dm offer ? Kennedy alkdged
It he did accept tt, and to establish his acceptance,
referred to two letters which he addressed to Lee,
e dated the 26th of October, in which be requested
Lee to inform him of the time and manner in which
wished the purchase money to be paid. Lee n-
eed, that as he had a large family to support, be
rould wish for cash, and that it should be paid as SOOn
possible, and that as to the book • and bond
debts they might be subsequently disposed of.—
Keneedy agreed to this ; and in the other letter to
rliieb be. referred, dated the Y9th of October, he
statedshis conception of the contract, namely, that be
would give the sum of £lO,OOO for Lee's share in
whole of the pdtaership property, comprising
nursery gardens, utensils, apd various other sp.
peadagea, all of which he described, With the excel,-
- of the book arid bond debts, and be added that
; would ply the dllO,OOO in cash as soon as The
proper conveyances were Made. To this Lee an-
swered that be would sign nothiag until he should
consult his attorney. Thal matters stood between
them when the plaintiff applied for a minivan The*
questios therefore whether these garden, no* solely'
belonged to Kennedy? depended upon another ques-
tion, namely, Mather a valid Contract readied fen*
cdtrespondente which passed between the pastiest
offer was made by Lee, which Kendedy ac
is did not arzzbether the descriptioncOrtett
property which made' is his last knee, was
was aos.aecurate. It Otatratel- the contract was

undoubtedly binding t if not acenrate, then the Court
was not prepared to say whether the bargain was
made. Until it was determined that the description
comprised the whole of the partnership property, ex-
clusive of the book and bond debts, his Lordship
would not appoint a receiver ; but* requested it to
be understood, that if either party was dissatisfied
with his present judgment, hewould willingly bear
the motion spoken to again.
The Solicitor for Lee said that Kennedy would
give nothing for therredevillof the premises.
'The LORD Cit4mt.oa said that that objection
could not stand, qecause it the premises were sold at
all, they were soli without any mention of the geod
will.
Two bankrupt petitions were beard, but they were
of no public importance.
Upon a reqeEst expressed by Mr. MONTAGU! that
his Lordship would, it possible, look into the papers,
connected with one or two particular causes which
lay before him, I
The LORD CHANCELLOR observed—t, I shall do all
I can. But I will not disguise from you what I can-
not disguise from myself, that I have been labouring
since the 28th of October last, and that I believe my
health to be entirely gone."
There being no further business, his Lordship left
the Court at two o'clock. •

Nine Lao ao yawn' rr.--.Getti as as e.—lferterdwf ties Mee
was very mod crowded at so early boar by pentane who, eit..er
Irons sonority or interest, wended to hear the ease «N.r
Webb. wildwe trentionid before. None of be parties ap-
I you'd bet the oestplalnanti he stated to the adagittrate that he
' had Geste to a milkmen with the proses who woo hie 'nosey,
and the warrant was anordiagly withdraw* t t» of the aunt
, lost was Wended. -

Tun HElC7l,4lwitom Snort 400.—huty aa, a notorious
pickpocket, who had bon switched to transportation three years
bock at the Old Basky, hot was set at liberty in cassequente of
Waves, was brought up, charged with stealing a valuable snuff-
box from the pocket of Mr. Mum. It smeared that the pro.
ascstor,baelog smiles to stead at the Court of Requests, .ul.
womrs-roots, MU showing the hot to tome of his acquaistanee.
and diverting their attrition to k as a curiosity. The lid eon..
tained a /oovistile oi a picture sent as a present to Bonaparte (rum
the ruins of Herculaneum. He replaced It to his pocket, and in
a very ahem time after found that some industrious person had
taken k away. Mr. Wilson immediately rode round to the houses I
atdiferent pawnbroker, acd at length offerable,' that it bad been
pledged at one in Broad-street, St. Giles's. by a woman whom
Mary Bell bad commissioned Mr that purpose. She was luny
oansodtted.

The landlord of the Roe Beek, commonly called the Waterloo-
house, in Jameenreet' Oxford street, was brought up ender a
warrant charged with aiding and as.isting Carroll and Ws gaag
in the mask and rubbery of Mr. Wise. Neither the pronctitor
, nor his wife being able to identify the prisoner, he was discharged,
with an order to be forthroeniug if erasion should esquire.
WO4Blll L DAIL 0-.4644 :retied, the fellow
who personated Mr. Dews, of Hull's-place Oldnreet, la be-
coming bad fur a titan named Skinner, charged with receiving
oats fraudulently obtained from Mr. Amorey, of Chinon, was
&abet. nainioet, and was commkted under the disc of lames
the Second, up. U, which Act makes the ease punishable by
Death, without the benefit el clergy.
A man samcd Irv." was charged with unsung a aft forged
note, purporting to be of the bank of Ensllnd The prisooer
west into a trukette's In Church-street, Islington and purchased
half.a-doten peas at ad. each, for whtch be olferad the note in
payment, but the shopkeeper not barns Cbaage OM rho MOW
out. The prisoner la the mesa timee betrayed such antennas m
stacked suspicion, and hewn glens In charge to a minable. •
note, es ezantinationtroved to be a forged ma. Another charge

of %titer's' a forged trials lest May, in the vicinity of ehuredhcit
was preferred against list, and be was cemmitted for fyrtbee on•
areleaties, when the Usk So:kitor trill attend.
Mew, dealer imitating stores, residing in Pier/house-yard, was
bought up lay Atilltd. *barged with remising a Jorge 'twenty et
keenseeptry goods, the reperty of Mr. Collins, hentnuaga, in
laufsbarAstowing it to have bees steles. Tbe offence beteg
Menemlasel le Me Cam the pri.ooer was sent to tie Monolog.
Leese sobs esunitied before the Logo Mires. .

&SAD Ac7.—Age. Hurt, a baker, In Cbtocb.straet, was
charged with selling brc.d short in weight. his half quar.ern
hares were Meseta seven comae, nd he was convicted in the
Freaky of lOs per ounec.-4 chaodier's shop keeper, who pur-
-1 chimed Mused ef Mr. Harr, was also convicted In the penalty of
10% mummies, for bread short in weight sold at hi. shop.
Queen-stows a.—Xery Hill was lolly committed lee stealing
sod sashimi sense 'mew gists bawling to the lime and Crown
publialionse, is White loosostreet, Chelseo, near which awl
bred. The publican watched her ohs day after her dl. nor is an
old iron *bop, whore she sold a lump of pewter : and on going to
her lodgings, her !re-shovel had pi-ces of nysited pewter ail'
OM It.

Gwis„pnrat....-fieseek /Won was yesterday brought to this
Oace under the bdieming charge .I.—stbout three years ago the
hew of Mr. Creek, broker end auctioneer. on bnowidil, was
robbed of Ikea and **Arms apparel to a vet! considerable
ammint, end the peters. as well as others about the house, being
suspected, they were severaby • brought before a Magtstra a and
sambaed. upon the charge. To'none of them. however, could
the robbery be brought home. 'I he prisoner at the Moe wits
Molt to the prosecutor, alld though least suspected, suddenly lett
her 011121i00, and was since never beard of, until I hureday kat ,
when she was accidentally seen coming freak a butcher's shop mak
taken into custody. Ibe prisoner In tears acknowledged leaving'
been so the 'trete': of Mr. Crook at the time of Use robbery, but
deeded any paricipatlon in the guilty traassellia.—ltessanded.

The tollosving strange narrative is the confession
of Ihrpre, who was executed last week on
Peonendes death, near Maidstone, in Kent r
64 I, W. N. now under sentence of dath in hie Majesty's
County Gael, Maisistooe, Kent, August 15, lan at the age ot
&Mateyo &Skated& Imo his Majesty's service as a ;Wier. I was
AM enlisted Into the lath Reginsent of Horse, by oue Jolla Ke
see, at Woolwich, In Kent. 1 marched tram thence to Deal, la
Knee, at which place I deserted, and made the Iwo of my way
to Clathand. thn the read I robbed a man of his watch ; I also
robbed a mart that was at work in the M 4 a mined his cluts•ps
to disguise myself: I watt to Chaim/I,lnd front thence to Ot- I
Der, where I west to bnek-ntattuts for three months. From
tht..e. I west to Chatham, and on the road I robbed a man oil
&is poeket-book, which captained a suns of sliver and use gold
bog. At Cheat= I enlisted lino the nuav Militia. I re-
maimed at Citation% with the Regiment two months, and from
thence we marched to Sheerness, at which place we reashied
bur soonehe ; and !rem thence we marched to Harwich, la Es.
sea Theft we fetnalned SIX weeks, awl Iron that marched to
Molbtough, lo Leicestershire. I rutMaitarki there live way. and
then mieuteered him the 39th root. and was marched to Wry.
mouth, is Dorsetshire. I remained there dose weeks, then de-
saved the second time, and proceeded to kidnaps. Attar my
arrival is Loudon. I was Impressed, and sent ou board his Ma-
jesty's ship Enterprise, where I remitted sit weeks. 1 was Ikea
draughted sad mot ea beard the Tower Tender, and down to,
Skeerans ethers I was put era board his Majesty's ship Scrims,
slop ship. lo Ave days l was seat ea hoard we Namur, when
realised three weeks, sad eras diendraighted to the be* Drays
Drops, of la pea, ea Maid el Mesh I was eight mouths ends-
log in the North leas. liteosibeg sense damage, we went kite
Varinewb kerbs*, loNorfolk to be repaired, iied I was mot
on board the LIM: ATter being ea beard two weeks, l deser-
ted, sod node the best et my way to (bars, Is Essex. where I
so work at beta. asaklayfi sod remakes* live swaths. Bat I lain
a observe, I swam traysillog Sestiaad to Loodoe—k
pas bat blank twelve tosethei and a leer auks below Cara.
whir. I nisi with s hordsaker in horseback; I woe adtaertied
la Sulphas bias el the highway, sod took hi. pocket-book st.
ter that I brake bee it • sad took from 46601 dress
abides. 1 weld dorsi hito Retch Ittesdred, aid :bore I bib-
bed a moo et kit pray intainkti solos Alessi skis was in a by-
' road. resin thaw I wont to Wools/ash. Then I Woke open
• China ship, and took to the vales of 4100 watt amidst mod
also kohe opal a thandler's &yaw the Warm, tasks from
' theme es loom assitither snide. to she vales et Alit. rim
that I win* an Lath, when I calsaissed two EssatM, doting'
width tine I benositted setail ssewll eggunx.. Attie leaving
Ida, 1 made op to Loodpao ad on tip itletersy *meal al

man down. and robbed Mot of lik mitt and ale Airings and
throe pence. After my arrival in Loam, 1 made no stop, but
proceeded to the Black Lion, Bayswater-fields, and got work
at bridtpmaking. There I left my lodgings, and took with me
a wk of clothes that were not my own, and returned back to
London. In Mary-la-bomme-huse I went to work fee one Mr.

Weller, and after, stopping three comb, ran away from him.
I west to Paddington, and emend a bakeessimp, sad took front
thence a large pie, not cooked. I took it dews Torpindatte, and
there bad It cooked. Prom slat I went to Greenwich, and there
robbed a man of twenty-eight pounds. I weft back to London
with my booty, and spent It in Bast Snalthlldd, and then went
to Wang, in Kent, brake into a watchman's shop, sod took
hoot theft to the value of AlOO is goods. I wen to London
with 1117 booty, and front Louden came back to Greenw!ch,
whore I broke open a cook's shop, near the Brown Bear, and
took from thence to the oak's of £lO is sop& About two
swathe after, I broke into a mean chandler's shop, near the Park,
at Greenwich, and took to the value of al in goods. I also en-
tered a watch-boa, and took front thence one gas, one pistol,
and the watchman's rattle. I also broke into a dwelling-house,
Dear the Ship and Billet, at Greenwich, and took to the value of
!lac pounds In linen am! ether article,. From that I went to
likkaen, in Kent, "there I broke Into a watchmaker's shop. near
the Church, and took from thence AV worth of goods. I also
broke into an eatkig-house, and took to the value of one pound.'
From thence I went back to Greernrich, sad near the Brown
Bear r..bned a man of Sit In money. I then went back to Frith,
where I engaged oa board Ids Majesty'. sloop the Active' and
atter a voyage to sea of I I months;asid after my return to Lon-
don, was discharged, and went home to Entb. when I went to
work ter Anthosty Fletcher Dar three weeks. From thence! went
to Woolwich. where I enlisted ono Use Koval Horse Artillery,
as a gunfire, and after waging rs weeks, aide deserted. attil went
to Southend, Biwa. I hare I got work at brick-making (or tour
moods., and thou broke into a gestrkmatee house near the I erg
race, and took from the said horse eb.lies to the vales of ..ett. I
went irons thence to Leaden, and got week on the Prince Re-
gent's canal for three months. I then went towards Ctia.hartt
Gob g over shooter's hill, I was slopped by a party tai soldters,
mid take') back to Woolwich, sworn in as a deserter, and recesved
soo la.hes. I was sent w Jar Hospi•ai fur 21 .tays, an I when
sane out joined my troop, "nth wrigeli I ',interned seven days,
when I deserted the fourth time, and went to Southend. I re-
maimed there L months employed Ili bock-ntakkg and its eying,
I these stole a fat bog out of the field near the brick arid, and
also broke tato a gee leman's hall at Grays, to Es.ei, aod in the
town of Grays stole any her hog. A.t.-r that I went to London,
and shipped meter on board the Asia. and o ant to sea for I
months, at the rod of which perk).. I v. as paid et! at Chatham,
and tins went to Erith, where I committed she robbery fur which
lam to suffer. Thirteen housebreakings„egm highway robbe-
ries. tour desertions, and a number of man offences that are net
berets Inserted, are the horrible (AMU of the unfortunate
" WILLIAM MORGAN."

The following fraud has been committed upon a
banking house at the west end of the town :—A few
days since two young men, elegantly dressed. called
at the banking house, and producing bills to the
amount of nearly /MOO upon some of the most re-
spectable houses in the metropolis. said, that they
were out of cash, that the bills would become due in
a few days, and begged to be accommodated with
.4( few hundreds just for living money." The scheme
was successful, and they received between two and
three hundred pounds, with which they walked off.—
The bills, on being presented, were discovered to be
not worth a groat ! The Gendem.m represented them.
selves as Officers in the Army, and as having a house
at Wimbledon. They were seen lounging about the
neighbourhood of St. James's street some days sub.
sequent to the transaction ; but previous to the trick
being discovered they absconded.
William Illitr4d, who was shot in attempting to
break into the house of Mr. Burry,sd Hackney-road,
did not die of the wound, as was stated by mistake.
It ta.,• however, been thought proper to remove
him from the London liorpital, as there was rea-
s.,in to apprehend that be was, in concert with others,
planning his escape, and he was yesterday morning
seasositted by Dr. Cwrsixe to Coldbath-flelde pre.
son. in the Infirmary of which he is to be confined.—
The following particnlats, in addition to what we
have already stated, transpired in the examinations
before Dr. GWYNN& :

Mr. Hurry stated, that he retired to rest about 20
minutes before one on Tuesday morning. Mrs. Hurry
was preparing to follow him, but was alarmed by a
noise, which induced her to inform him that some
person wavottenipting to eater by the back door.—
Mr. Hurry then got up, primed his pistols, which had
been previously loaded, and went to the staircase
window. He !mad violence used at one of the
back doors, and called out twice, .4 Who's there r'
He received no answer ; but observing three men
crossing the grass plot of his garden, be snapped a
wbkh missed fire, and then instantly fired
another in the direction in which they appeared to
be, as at that time they could not be seen on account
of the shade of the trees. Immediately on firing be
heard the cries of a man. He then called the watch
from one of the front windows of his house ; but re-
ceiving no answer, he reprimed the pistol which had
missed fire, and went into the garden, where he found
a man wounded. This man requested him to send
for a surgeon. Mr. Hurry assured him that a sot-
/Iron should be sent for y but conceiving that other
robbers might be linking about, first looked round
the garden, and over the adjoining walls, but saw no
person. On returning into his house he met Daniel
Casey, who was the first person that had come in
consequence of the watch being called. They went
to the wounded man in the garden, whither they
were soon followed by several watchmen. A surgeon
was then sent for, end the wounded man was removed
into the kitchen. Oa stripping him, it was discove-
red that the wound was in his back. A dark lantern,'
with a wax candle and a cooper's gimblet, was taken
from his coat *ker. About three o'clock be was
conveyed to the London Hospital.
William Attfield, police constable of Worship-1
street, attended the prisoner to the London Hospital,
where, on searching him farther, a phosphorus box,
two matches, two small wax candies, a large key,
and two knives, with other small articles, wens found
upon him. The witness examined the back dear of
W. Hurry's house, and found the outer part of oat
oldie lower pannels entirely cut 011, and a plus of
I iron, and the inside part of the same pannel, wrenched
outwards. He she observed several pans tithe door
indented with the marks of a small crow bar.
Peter Wride, of the C.:attain-road, Shoreditch,
Hradborougb, stated, that on going into Mr. Hurry's
kitchen, about two o'clock in the mousing of Tues.
day, he saw the prisoner, who voluntarily told him
that he was but a young hand at this work, though he
had attempted housebreaking before, and that his
name, was. 'Williams Mitchell.
Ambrose Ind, a wittchmass, and Daniel Casey, a
Chelsea pensioner, corroborated Mr. Hurry's evi.
ce respectiog the MOM in which the prisoner
was kind the garde*, tc.
Mr. Hawkins, the surgeon, who was called is to
dress the prisoner's wound, stated, that the prisoner
infinnsed him that he ',sided at No. 17, Catherine-
street, au the Tower.

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