Star.
London, England, 1821-12-21 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, DECEMBER 20.
WARTNANT R. WARTNABY.
Counsel were this day farther heard in conclusion
of their arguments for and against the motion for
striking off the files of the Court the bill filed in the
.name of Mrs: Ann Wartnaby ; at their conclusion,
The LORD CHANCELLOR gave the following opi-
nion :—Having noticed the terms in which the mod=
was couched, and the prayer 'of the petition, he ob-
served, it had been . put that Mr. Shuttleworth, his
wife, and others; had instigated Mrs. Wannaby to do
what she had against her will ; but with that his
Lordship had nothing to do, for on looking at the
whole question as a-Judge, he could not say t
led hat the
bill for an account had been improperly fi, since,
though -the Lady in question might have been insti-
gated to ..do as she had, yet she might have been
fully capable of transacting her affairs, though she
had attained the venerable age stated. Mr. Wartnaby
had been in possession of her affairs for 19 years with-
out rendering any account to her, and he ought to
have been teady at any time when called on to do so.
The petitioner, finding the bill had been filed, had
written a letter couched in terms to take hold of the
feelings, but so worded that another party, into whose
hands it might necessarily be expected to pass, could
not make out its meaning. That letter intimated
that somebody had instigated his mother to file the
bill, but it must be borne in mind that there were
litany other children, and each of them had a right to
say, " I have an equal claim upon you,' and you
ought to call on this 'gentleman to account. When
you have got your rights, a what you please with
the property." Now, under such circumstances,
could it be ruled that the bill had been improperly
filed, or that the account cught not to be given?—
Another point for consideration was, that to this bill
three answers had been pu: in ; now, if that bill were
taken off the file, what was to become of those three
answers ? If it was the fact, that Mr. George Wart-
naby was a creditor for four thousand pounds, he had
surely every reason to wish that the account should
be investigated immediately ; and what reason he
could have for not filing the cross-bill before, his
Lordship could not conceive. It was also stated, as
a farther reason for taking the bill off the file, that
the Lady was not now competent to put in an an-
swer; it might be true that she did not possess her
faculties so strongly as at a much earlier period of her
life, but his Lordship thought it would be very dif-,
ficult to find a case in which the Court would say that
that of itself would be sufficient to stay proceedings, as
it did not in his opinion, require so much knowledge
to direct proceedings stripped of legal formalities, as
to preclude a person of common understanding from
ing what they did. Mr. Hart bad paid him the
compliment of hoping his Lordship would be able to
find out some remedy to obviate the evil. He would
not, however, say anything more, at present, than
observe, chat if the parties would point out to him
what their intention was, with respect to these ac-
counts, it would enable him to come to a conclusion
how to act with the case; but he would, in condu-.
sion, say, that he did not think the parties nho
had filed the bill ought to be the least chargeable
with any dereliction of duty. If they could come to
ally agreement. they might mention the result on
Saturday, but if not, they could do so at the next Seal.
IN THE MATTER OF HOWARD AND GIBBS, BANKRUPTS.
Mr. HART called his Lordship's attention to an
appeal Petition in this cause. The Petition for the
removal of the assignees was heard before his Ho-
rout the Vice. Chancellor, who directed a new choice
of assignees, on the ground that the bankrupts had
improperly interfered in the election of the assignees.
The Learned Counsel requested that the Petition'
might stand at the bead of his Lordship's paper.
The LORD CHANCELLOR asked to be f urnished with
the Petition, and said that he would signify to-mor-
row morning whether he could hear it out of its course.
Mr. HORNS said, that if his Lordship should de-
termine to hear the Petition, the persons,engaged in
other causes might as well stay away from the Court,
as it would occupy its entire time.
The LORD CHANCELLOR—" I have seen a Bill in-
tended to be introduced into Parliament making it
felony for a Solicitor to Intel fete in the choice of as-
signees ; and for him, on conviction, to be liable to
be transported to Botany Bay."
VICE-CHANCELLOR'S COURT, DECEMBER 20.
His HONOUR heard Petitions all this day. There
was no question of a public nature involved in them.
Mrs. Stubbs, a respectable Lady, who stood up in
the seat immediately behind that which is appro-
priated to the King's Counsel, addressed his Honour,
and proceeded to state with great fluency and accu-
racy the merits of the case in which she was plaintiff.
Mr. HORNE was sorry to interrupt the Lady ; but
her case could not be heard in that Court, as it was
an appeal from the Master of the Rolls.
His Hos:ova said, that of course he could not
hear it, and the Lady retired.
COURT OF KING'S BENCH, DECEMBER is.
THE KING V. M*GILLIVRAY.
This was an indictment against Simon M'Gillivray,
for refusing to take upon himself the office of Inquest-
man for the Ward of Walbrook.—Notice of his elec-
tion was served upon the defendant.
Mr. POLLOCK stated, that Mr. M'Gillivray's refusal
hail arisen from his being compelled to embark for
America.
The LORD CHIEF JUSTICE thought that such a fact
might have had its weight with the prosecutors, but
it-could not be taken as an answer to the indictment.
Mr. POLLOCK said, that Mr. M,Gillivraywas one of
two Gentlemen who traded to Canada. It was ne-
cessary to the conduct of the business of the firm, that
one of the parties should make an annual trip to Ame-
rica; and Mr. M'Gillivray's partner, at the time of
Mr. M'Gillivray's election, was actually serving the
office of Churchwarden.
The LORD CHIEN JUSTICE said, that Mr. Pollock's
argument might have effect in another place ; but it
could not, in law, excuse the refusal of his client.
The Jury found the defendant—Guilty.
KNIGHT AND ANOTHER V. WRIGHTON.
This was an action to recover the amount of an At-
torney's bill, and arose out of the well-known .pa-
sorbial disputes between the different parties in the
parish of St. Matthew, Bethnal gran. The demand of
the plaintiff amounted to £484, for charges arising
aft of the prosecution of Mr. Merceron, which
cution was instituted upon a Resolution of a cum.
. _ _

tnittee, of which the defendant was Chairman. The
defetice was, that the action should have been brought
against the Paiish, as the defendant had only acted
in pursuance of the Vestry Resolution.
The Cats, JUSTICE, however, held, that as the
defendant had given instructions to the plaintiffs, he
was bound to pay them. Under this direction, the
Jury found a verdict for the plaintiffs for the ameuit
of their bill, £484, subject to taxation.
DECEMBER so.
Tin LING V. DROWNS.
This was a -presentment by the Grand Jury against
Mr. Browne, the Governor of Newsate, for refusing
to permit them to visit that prison. When the case
was called on, no person appekring to support the
prosecution, the Jury were directed to acquit the de-
fendant, and he was accordingly found—Not Guilty.
The prosecution was withdrawn, as was under-
stood, in consequence of the Judges having intimated
an opinion that the Grand Jary had no right to de-
mand admittance into Newgate.

• FEELEY V. REES.
This was an action by the executor of a man named
Elliott, a mariner on board a whaler, of which the
defendant was Captain, to recover his 140th share of
the net proceeds of a voyage which the vessel had
performed. There was nothing of public interest in
the case, and the Jury,. under the Learned Judges
directions, found their verdict for the plaintiff—
Damages £2O.
THE KING V. MEET.
This was an indictment against the defendant for
wilful and corrupt perjury, alleged to have been
committed in evidence given by him in the Se-
condary's Court, upon an inquisition of damages in
the case of judgment by default to an action brought
by a friend of his against a Mr. Hearne, for an al-
leged assault and false imprisonment. The defend-
ant himself had brought an action against the prose-
cutor for the like cause, and recovered £5O damages,
at the adjourned. Sittings after last Trinity Term.
A box of lace had been deposited in the hands of the
prosecutor, who is an innkeeper, by a Buckingham-
i shire lace manufacturer, with instructibns not to de-
liver it to one White, for whom it was intended, ex-
cept under certain circumstances. White had con-
tracted with the defendant to sell the lace, and took
him to the prosecutor's inn to see it, when the de-
fendant paid down £4O as the price of it, and was
proceeding to take it away, when a struggle ensued,
which ended in the prosecutor's sending the defend-
ant and a friend who accompanied him to thc Comp-
ter. In the action brought by the ft lend, the alleged
perjury was said to have been committed. The.as-
signment of perjury was founded on the defendant's
statement, that he did not take away the box of lace
in questipn, or did not try to take it away.
Before the merits of the case were gone into, Mr.
Serjeant PEAKE, for the defendant, took an objection,
that there was a variance between the writ of inquiry
in question, as proved in evidence, and as set out in
the indictment. The action had been brought in the
Common Pleas. The writ itself had the words " be-
fore ourselves at Westminster;' and the indictment
had it before the Justices at Westminster," and not
ilconstat, but " Me Justices" might mean the Judges
of the Court of King's Bench.
Mr. Gast: endeavoured to answer the objec-
tion, but
I The Cuter JUSTICE thought the variance fatal, and
directed the Jury to find the defendant Not Guilty.
The Jury found him Not Gtiilty accordingly.
COURT OF,COMNION PLEAS, DECEMBER O.
BATEMAN V. enDLEY.
Mr. Serjeant l'aLL stated, that this was an action
brought by the plaintiff, a plumber and glazier,
against the defendant, as proprietor of the great
tithes of Teddington, to recover the amount of a bill
due to him for having repaired the chancel in that
parish. The defendant had pleaded first, non assump-
sit, and secondly the statute of limitations.
The first witness called was the Chutchwatden of
the parish, who stated that in 1812, the chancel being
dilapidated, he had applied to Mr. Seabrook, the
steward of the defendant, threatening to present it,
on which the steward requested witness to to the
plaintiff and desire him on behalf of the defendant
to to repair it.
Gadsden, one of the defendant's tenants, then
proved that he had agreed with the steward to pay
for the workmanship, the defendant paying for the
materials. The bill in question was for materials.
Having thus established the claim of the plaintiff,
the Learned Serjeant proceeded to call—
Mrs. Elizabeth Monis, the daughter of the plain-
tiff, who proved that, in the year 1816, she went with
her mother to the town house of the defendant, where
they saw his butler, and demanded payment of the
bill; the butler went up to his master and brought
down £lO, which her mother refused ; she was then
ordered to go up stairs to the defendant, which she
did, and shortly afterwards returned with £2O, the.
original bill was £.65, and £2O had been previously
paid on it.
Mr. Serjeant Vatictuar then addressed the Jury
for the defendant. He said heshould be able to spew
that the defendant's steward had not given the orders
on which this work bad been executed, and that some'
of the defendant's tenants were liable to this claim.l
His client was both able and willing to pay the bill,
if he was proved to be clearly liable; and he had
only resisted payment for the purpose of ascertaining
the truth and justice of the charge.
Mr. Seabrook, the defendants steward, was then
put iuto the box. He deposed that he had agreed to
let a farm to Gadsden, and had promised to allow
him £l5 for the necessary repairs he had made no
agreement, whatever respecting the materials. He
did not recollect having given the orders mentioned
by the first witness.
Mr. Serjeant Put. replied ; after which,
Lord Chief Justice DALLAS charged the Jury.—
' Tire only part of the defence to support which any
witness had been called, went to the ground. of the
action itself. The Jury must judge between the po-
sitive statement of the first witness, and the absence
of recollection in the last. If they were satisfied as
to the defendant's original liability, they would then
attend to the evidence of the plaintiff's daughter, as
to the plea of the statute of limitations. That evi-
dence had not been contradicted, as it might have
been by calling the butler of the defendant. At pre-
sent it was untmpeached ; and, therefore, if they be-
lieved the statement of the first witness, they must
give s verdict for the plaintiff.
The Jury deliberated for a short time; and then

gave verdict for the plaintiff—Damages, Moir
Yve Pounds.
COMMISSIONERS OF BANKRUPT! HALL, D.c. 19.

IN RR HOWARD AND GIBBS.,
It will be remembered that Mr. Carroll appealed,
to the Vice-Chancellor from the decbion of the Corn-
missioners as to his being bound to answer questions
put to him as to any subsisting unconnected account
with the one he applied to prove upon, and the Vice-
Chancellor having confirmed the opinion of the Com-
missioners, and decided he was bound to answer
them, Mr. Carroll this day appeared to answer the
questions submitted to him. He underwent a long
examination by Mr. TRILSLOYE, as Counsel for the
petitioning creditor, in the course of which he admit-
ted, that in some of the transactions which he had
had with the bankrupts, he had received a commis-
sion, but not being able, without reference to some
of his accounts, to state the particular sums he bad
received as commission, it was agreed by the Com-
missioners to adjourn to a fut•ire day, when Mr.
Carroll is to come prepared with that account. Mr.
Mcnirmauz, as Counsel for Mr. Carroll, admitted
that if there had been any excessive charge for com-
mission, it must be struck out of the account, and
that Mr. Carroll could only prove for the balance.

LONDON SESSIONS
Yesterday, being the day appointed for holding the
London Adjourned Sessions, the LORD MAYOR, Al-
dermen BIRCH, THQNIINION, and DROWN, the Cost-
310N SERJEANT, the Sheriffs, the Jury, and Counsel,
attended before ten o'clock. The presence of four
Aldermen being necessary when the Common Ser-
jeant fills the place of the Recorder, although the at-
' tendance of no mote than three is required when the
latter Officer takes his seat, messengers were sent
round to the Aldermen, requesting the attendance of
any individual of their body in the Court. The LORD
MAYOR, and all those who were ready to commence
business, waited, with different degrees of patience,
nearly two hours. The Jury expressed their feeling
without much hesitation or, ceremony, and having
agreed upon one point unanimously—that further de-
lay would be an inconvenience to them, departed.—'
The business of the Sessions is, in consequence, to
stand over till the Bth of January, and until that pe-
riod arrives, six persons who should have been tried
yesterday, must remain in prison.

Flow.svuese.—Dorid Davies, a private in the root Guards,
was brought up yesterday, charged with robbing the cellar of
the Black Lion public-house, in Vinegar-yard, in which he was
quartered, of a quantity of cordial spirit, called raspberry. The
prisoner had been quartered in the house but a short time, when
Mrs. Blake, the landlady, who is a widow, detected him in the
act of plundering her cellar of the cordial. lie had forced tht
lock from the door in order to get at it, and was drawing it off
in a pewter pot, but when he saw Mrs. Blake, he threw the
cordial away amongst the coals. She afterwards that
he had been in the habit of robbing her from the first week he
entered her house. Sir Merman Brune said he had committed
this soldier for re-oemination, with a view to turn him over to
the regiment, in the hope that they would make hint fed his
disgraceful conduct, and save the poor widow the trouble of
prosecuting him ; but the Commanding Officer had replied that
they Would rather leave him to the law, and therefore he must
be conunited for trial. The worthy agistrate added, he was
sorry to say, the Foot Guards were rapidly losing their once
high character. lie felt anxious to screen a soldier from dis-
grace; but se many of them bad conducted themselves with
such irregularity lately, that the law must take its course. The
prisoner was fully committed for trial.
Not half an hour before this man was brought in, another pri.
vate in the Foot Guards was charged with breaking the win-
dows of )lr. Motley, a tradesman in the Strand, and he boldly
pleaded inlazieation as an excuse. The Scrjeaut of his company
undertook to compromise this affair.
Two fashionably-dressed young men were ordered to find bail
for riotous behaviour at the Cider Cellar in Maiden-lane, Cov:•nt-
Garden, and cracking the heads of the Beadle of the Parish and
a watchman who were called in by the landlord to quell the
row.—The landlord got a rap from the Magistrate for keeping

his cellar open at late hours.
Havrox-Osaoxs.—Thorgas Shot-Len, WlllLins Russell, and Ro-
bert Dais, were brought up yesterday, upon whom were found
(on the person of Davis) a number of wedding rings, purporting
to be gold, and to be stamped with the mark of the Goldsmiths'
Company, but which were of petit-or, and the marks of the
Assay-office forged; also several Mash notes for £5O each, some
notes of the Ipswich and Suffolk Bank, and twenty-four pawn-
brokers' duplicates for gold rings, pledged from los. to half a
crown, at almost every pawnbroker's in town, supposed to be
of the same spurious.sort as above described. The prisoners
were remanded till to-morrow (Saturday).
Usiox-its tt.--slasep4ris Stephens, a German fortune-teller, of
very dark complexion, 45 years of age, and a cripple, was
brought before It. Demme, Sot oms DAVIS and AKIN°, Esqrs.
Sarah Stubbs, a young woman apparently ;bout 21 years of age,
was in the habit of going to the house in which the fortune-
teller resided, for water; and hearing often of his fame, deter-
mined to apply to him to assist her in ascertaining who her hus-
band was to be. In this resolution she was confirmed by the
fortune-teller's wife. This took place in April last. Sarah Stubbs
went up stairs to the astrologer who gave her the option of the
planets or the cards; but the heavenly communication was the
higher price, as it would disclose a greater variety of events.—
The girl, who wished for the very best information, threw down
half a crown; and the astrologer opened a book, and read a
very strange sort of language, which she listened to without un-
derstanding. He then said she had moles upon different parts
of her person. She, at his desire, turned round a large globe
three times, upon which, he observed that she would be soft"
notate, for her fortune fell under Gemini, and a fair man would
ruin her. Again she turned the globe, and her fortune fell un-
der a more prosperous sign. lie then said she would have good
hick, and go abroad with a very dark man. Not being satisfied
with these predictions she went another day, and told him she
I knew wither dark nor light man who was likely to take her
away. Ile asked her whether she could keep a secret, and told
her that he was himself the dark man with whom she was to go,
and to Germany she should travel the moment she could get
£lO from her father. He then proceeded to take some indecent
liberties with her, which, upon returning home, she mentioned
to her mother, who sent her to service in a distant neighbour-
hood. A short time ago the poor girl left her place, but upon
going home, she was persecuted by the neighbours, who had, in
her absence, exaggerated the circumstances of her interviews
with the astrologer in a shameful mannet. Upon her statement
of their facts, a warrant was issued, and Glennon, the officer,
took the fortune-teller into custody, and brought him to the
Office, together with his globe, a portfolio of nativities ready
cast, and a quantity of other apparatus. In his defence, the
fortune-teller denied that he bad demanded money, although
he told fortunes. He lived, he said, by the honest sale of
apples.—The Magistrates committed him to hard labour for
tbree months to Balaton House of Correction.
ALter-ts-Bonne Orms.—Yesterday a number of young men
and boys were brought before EDMUND Gowen's, Esq. by
Staples, Welling', and Bncketidge, officers, charged with being
idle and dissolute persons. It appeared that a gang of ruffians a
few evenings since took possession of the tap-room of the Bed-
ford Arms, North-street, Mary-la-Bonne, and ever since fa-
varied the landlord with their company at all hours of the day.
Their manner having excited the suspicion of the landlord that
they were thieves, he in consequence told the circumstance at
the Office, and on Wednesday night Staples, an active officer,
was dispatched to the home. On entering the tap-room, he found
a somber of young men and boys, who had the appearance of
thieves. The officer recognized several cracksmen (burglars),
fogk-hunters (pickpockets), d4c. The majority of the company
struck up a flash song, in which the officer joined.. At length a
party appeared to be on the move, one of them said, " Lees pad
It, miser (the moon) is not out." 'The officer thinking it•better,
to parent than punish crime, ern a signal, and the other oil.
1:111n coming into the room, accused the whole party, whom they
safely lodged in the watch-house for the night. Nothing mate-
rial was elucidated during the examination" omit that the wbple