Star.
London, England, 1821-12-06 00:00:00

LAW INTELLIGENCE.

VICE-CHANCELLOR S COURT, DECEMBER S.
HOWARD AND GIBBS'S BANKRUPTCY.
The VICE CHANCELLOR this day gave judgment in
this cause. He dismissed the present assignees, and
directed that a new :hoice of assignees should be
made, but the time of making it to be stayed, to give
Mr. Carroll an opportunity of presenting a petition,
for the purpose of establishing his debt under the
Commission.
COURT OF KING'S BENCH, DECEMBER S.
ROBINS V. BARTON.
This was an action brought by that very eminent
and respectable auctioneer, Mr. Robins, of Warwick-
street, Golden.scivate, for the amount of his charges
against the defendant for surveying and putting up
to sale an estate in Gloucestershire. Messrs. SCAULETT
and G. MARRIOTT were Counsel for the plaintiff, and
Mr. GURNEY for the defendant.
On the part of the plaintiff, it was proved that a
Mr. Beale, who formerly acted as 'attorney for the
defendant, communicated to him the amount of the
plaintiff's charge, which was £BB, including £25 for
surveying the estate, and £lO for travelling, and that
the defendant promised to pay it.
Mr. GURNEY, however, insisted that the plaintiff
had limited his demand to a much less sum, by an
express agreement; and that the defendant had ob-
jected to a survey, on which occasion the plaintiff
said he was going on a visit very near the estate, and
would just look at it. The defendant pleaded a ten-
der of £5O, and paid that sum into Court.
The LORD CHIEF JUSTICE left it to the Jury to say,
whether this was sufficient, observing that they would
probably doubt whether travelling expenses could,
under the circumstances, be fairly charged.
The Jury, after a short consultation, gave the plain-
tiff a verdict fur £7O. ss. The plaintiff having de-
nied the tender, the defendant had a verdict in his
favour on the second issue.
COURT OF COMMON PLEAS, DECEMBER 5.
STAFFORD V. HAMSTON.
The Court had not proceeded far in this cause,
when Mr. Langley, a Special Jury man, was suddenly
taken ill: he retired from the box for a' short time,
but as he did nut appear to be recovering, a motion
was made to put off the cause for this Sittings ; to
which it was objected, that the proper course would
be to strike it out of the paper.altogeiher. A crimi-
nal case on the Western Circuit was alluded to, and
some discussion took place between the Attortaes
and Serjeants engaged in the cause; but ultimately
the Cut E! Jun= said be would discharge the Jury
at present, and leave the parties to move the Court
next Termaan the subject.
HARE V. PETO AND ANOTHER.
This was an action brought against the defendants
for having, by the erection of the new buildings in
Furn. ival's Inn, obstructed the light of a house in Gre-
sille-street, the property of the plaintiff.
After some evidence had been adduced on both
sides, a verdict for the plaintiff for £2oo.was,taken
by consent, subject to a reference.
COURT OF SURROGATES, DECEMBER S.
BEST V. BAST.
.Sir C. ROBINSON stated, that this was a question
arising out of a suit, instituted in this Court, by Mrs.
Elizabeth Best, against her husband, J. Best, EA.
for ci (mita.. This suit %%as met by a responsive alle-
gation on the part of the husband, denying cruelty;
and, among other articles of accusation, in bar of his
wife's suit, charging her with the crime of adultery,
and praying to be divorced. The suit, it appeared,
had miginally commenced in 1818, and the wife
being called upon to deliver her answer to the alle-
gation of the husband (which contained nineteen
Articles), the present proceeding was upon objections
taken and argued, as to the sufficiency of those an-
swerc, on the ground, that the wife had not answered
specifically and fully, as required by forms of law.
The objections taken by Dr. LUSHINGTON, fol-
lowed by Dr. DonsoN, on the same side, as Counsel
for Mrs. Best, were shortly these:—ln answer to
the primary articles of the husband's allegation,
which set forth, that she had, without just cause,
quitted his house, and gone to reside at the York
Hotel, Dover, on the 7th, and did not return until
the 11th of January, ISIS, pretending that she went
to Dover, to consult with Mr. M.. Kennet, a Solici-
tor; her absenting herself from her husband's house
at such time, being for the purpose of extorting a
settlement from him, and refusing to return until
such settlement was made, as the conditions of her
return. That she had repeatedly declared " the only
married him for what she could get out of him."—
Her answer to this being, that she did not quit his
house for the purpose of extorting a settlement as
articulate; but the only time she did quit her hus-
band's house, without his consent, was, when, from
the cruelty of the said James Best, she ceased to be
under his protection, an& went to seek the protec-
tion of her father.
It was, objected that this denial was not suffi•
ciently explicit, since any party might deay a fact as
articulate, if it varied in any way, as to what was
stated in the allegation.
The second and third Articles went on to state,
that whilst the said Elizabeth absented herself from
her said husband, in order to extort such settlement,
she wrote two several letters from the York Hotel,
at Dover, to him, to the effect that he should make
such settlement, demanding this as the conditions of
her return to him ; and the third Article stated those
letters to be her proper hand-writing, and exhibited
the originals; likewise pleading the identity of the
parties. Her answer to this was, that she had never
written to her said husband for the purpose of ex-
tortins a settlement from him as articulate, or de-
manding it as the conditions of her return; but that her
said husband, upon their marriage, had promised to
settle upon her L:700 per annum ; and that she had
only applied to him for the fulfilment of such pro-
mise. With respect to the article pleading the letters
in her own hand-writing to her husband from the
York Hotel, at Dover, her answer was, she cannot,
and hopes the Court will not compel her to answer
that article; she requests the protection of the Court,
co that the fact pleaded may be put to lawful proofs.
It was here contended that she ought to answer
specifically whether she wrote those letters or not. -
• Sir C. Bows:sou, in answer to the objections argued
by his Learned Friends, submitted, that the Court
would consider the answers sufficiently explicit.
Diu SwAnalt (the Juidgie) finally determined,-that

tlle party. sliculd answer More specifically the several
articles objected, and to which the answers were di•
meted to be reformed, with the exception of her an-
swer to the direct affirmative charge of adultery.—
The Judge further observed, that as this case had
been a long time delayed, the Court would allow
only one month for the husband to bring proofs in
support of his allegation, in order to bring the case
to a conclusion within the time the practice of the
Court prescribed.
OLD BAILEY SESSIONS. •
These Sessions commenced yesterday at the Justice
Hall, in the Old Bailey, before Mr. Justice BAYLEY,
Mr. Baron GARROW, the LORD MAYOR, &c.
Henry Thontpsox was put to the bar, on an indict-
ment charging him with uttering as true, a forged
check for £l7. 6s. well knowing the same to be a
forgery, with intent to defraud Mr. Francis Pontet, o.i
the 18th of May last.
Mr. Ponta, jun. stated, that on the day mentioned
in the indictment, the prisoner came to his father's
shop, in Pall-mall, and directed a quantity of snuff to
be sent to a house at Black water, by the Exeter coach,
and in payment tendered the check in question, which
purported to be on the house of Messrs. Jones and
Lloyd, of Lothbury, and signed by " Hew C.
Lloyd." No suspicion being entertained, the change
was given. The check was paid into the house of
Messrs. Drummond, andlay them returned to the wit-
ness, in consequence of its being a forgery.
Mr. Thomas, butcher, of Charing-cross, stated,
that on the 15th of October, the prisoner came to his
shop, and having ordered meat to the amount of two
pounds, he directed it to be sent to henry Lloyd, Esq. l
23, Devonshire-place, and for which he tendered a
check for sixteen pounds on the same banking-house,
and signed in a similar manner to that for which the
prisoner stood indicted. The witness having some
doubt, took the check to Messrs. Drummonds, and,
in consequence of the information he teceived, had
the prisoner conveyed to Bow-street.
William Hook proved taking a check of the pri-
soner for. O. lOs. in payment for a load of hay, which
he ordered to be sent to H. Lloyd, Esq. Clarges-street.
A clerk from the house of Jones and Lloyd, proved
all the three checks to be forgeries.
The prisoner, on being called on for his defence,
said, he had nothing farther to observe than to throw
himself on the mercy of the Court. He appeared to
suffer fiom indisposition, and was very dejected.
Mr. Justice Hamer summed ap the evidence, and
the Jury found the prisoner Guilty—Death.
Mr. Pontet recommended the prisoner to mercy, on
the ground that he was not aware that he was com-
mitting a capital felony by uttering the notes.
Aaron Isaac stood indicted for stealing a gold seal
from the person of Rowland Turner, ou the 29th of
October last, in Holborn--Guilty.
Mr. Baron GARROW asked on what grounds the
prisoner's trial had been postponed from last Sessions?
Mr. CLARK said, it was in consequence of an affida-
vit, stating that a most teaterial witness was absent,
having been made by the prisoner.
Mr. Baron GARROW said, there had never been a
clearer case made out, and informed the prisoner that
he might depend on the sentence of transportation for
life, which would be passed on him at the end of the
Sessions, being carried into effect.
Thomas Foy stood indicted for receiving one block
of tin, value 15s. the property of Richard Wilson,
well knowing the same to have been stolen.
Richard Buck produced the record of the convic-
don of the person who had stolen the property.
Jonathan Bundon, clerk to Mr. Wilson, wharfinger,
stated that George Fletcher, the person who stole the
property, was sometimes employed by Mr. Wilson,
and that he saw him in the act of taking away the
property on the Bth of December, 1818.
Robert Key proved seeing George Fletcher with a
truck, on the above-stated day, at the wharf, and
that the prisoner came up, and turned the truck round.
Thomas Garton, an officer, proved taking George
Fletcher into custody at the shop of the prisoner, and
that the latter ran up a ladder and escaped. The block
of tin was found at the bottom of the ladder.
Mr. Richard Wilson identified the property, and
stated that the house. at which it had been smelted
had stopped for some years.
The prisoner, in his defence, denied all knowledge
of Fletcher up to the time in question. Several pet-
sons gave him a very good character.
Mr. Justice. BAYLEY again called Robert 'Key, who
swore positively that he had seen Fletcher many
times at the prisoner's house previously to the day in
question. The Learned Judge summed up the evi-
dence,and the Jury having retired for twenty minutes,
on their return, found the prisoner Guilty, but re-
commended him to mercy, on account of his former
good character.—MrJustice BAYLEY said the recom- '
mendation should be attended to.
Thomas Deakin stood indicted for burglariously
breaking and entering the dwelling-house of Mr.
Robert Ray, in the Parish of Edmonton, on the 30th
of October, and stealing therefrom a great quantity
of wearing apparel.
The prosecutor stated, that the plan now produced
was a correct one of his premises. The laundry was
within the wall inclosing the eastern side of the pre-
mises ; the drying ground was also inclosed ; he did
not know anything further of the robbery than what
he had been informed of by his servants.
Sarah Bramwell had been washing on the previous
day ; was the last person there, and on leaving the
laundry locked the door. The property stated in the
indictment was there at the time; could not say whe-
ther the window of the wash-house was shut; the
laundry window was shut ; part of the things belonged
to herself and fellow-servants, and part to the prose-
cutor; the premises must have been entered through
the wash-house door, which witness had left secure.
John Hold, another servant, found the Lodge gate
'open, and when he went to the passage door he found
it had been broken open, as well as the wash-house
door; witness found a colter of a plough, by which
means the doors had been forced ; there were iron
bars to the windows, so that no entry could have
been made in that direction.
Thomas Austin, an officer, searched the premises
of the prisoner, and found the articles now produced.
The prisoner was present. The marks on the various
articles had been cut out.
The property having been identified,
Mr. BRODKRICK, who was retained for the pri-
soner, submitted that the charge of burglary bad
not. been made out.—The objection was over-ruled.
The ytisoner declined saying anfthing in his de-

fence, but called two persons to his character. One
of them stated, that he kept the Glick Bull, at Ed-
monton ; the prisoner was at his house on the evening
of the robbery ; he appeared to be the worse of li-
quor. The other swore, that he (the' prisoner) came
home about eleven o'clock, he was very drunk, and
unable to get to bed ; the witness undresed him.
Mr. Baron GARROW summed up the evidence, and
the Jury found the prisoner—Guilty—Death.

belonging to the Office, apprehended Thomas &AA.
at Islington, on Ft iday, on a charge of heip.g. (no,
cerned with a gang of smugglers, in WOtillding
venal officers eniployed in the Preventive
The offence with which the ptisoner was charged.
having been committed in the County of Kent, Rood
was directed to carry him into that County. Oa M.
day the prisoner underwent an examination Lei-wet*
Magistrates at Margate, when he was i.lentiEed 4
one of the smugglers found in arms on the 2J of sc.,.
tember last, at Marsh Bay, near Mat gate, who
tacked a party of officers engaged in the Reveatie
Service, when Lieutenant Carr was disarmed of hit
cutlass, and received a wound in his forehead while
engaged in a struggle with one of the smuggiett la
this desperate afft ay two of the men employed 414,
Preventive Setrice were wounded.—The priEota,
was committed for further examination.

MARI sonoucu-sr REET.—A publican inthe nett..
bourhood of Portman-stiect Barracks (Mr. aF-
gg,►
was charp,ed by two Serjeants of the Guards With'
permitting gaming in his house. It was s:oced, that
the Adjutant had given ort:ers, front the inloiniatioo-
he had received, for the Serjeants to go round tothe
public-houses and bring any soldier to his superior!
who should be detected in gaming. 111 this instatsee-
two soldiers were conveyed away for playirt at
cards at different pet iods on Friday eveniii last
There were four sets of cards sworn to as being
played at once, chiefly amongst j:atrncimen baker,
The defence was, that the publican was absent, and
the cards he understood were brought into the bus,
The Niagistrate Oise' ved, that the ttl.sence tlx
publican was no excuse ; he was fined 49,. rind se•
minded that the fine was I.:10 for the second offence.
LAMBETII-STREET.— Yesterday, Mr. /.cry .41ern.
der, a vender of Sunday- Newspapers, residing la
W;ii;eciittpel-road, apa.eared befire the sitting Ms•
giArate, Mr. IlAttowicst, to a summons at the is.
stance of the Churchwardens, wherein he was charge/
with eicercising his worldly callings on the Loa'
Day. The defendant pleaded Not Guilty. Mr.lio,
sisal, one of the Churchwardens, stated, that in pose.
ing the defendant's Atop on Sunday last, heated
eleven and twelve o'clock, he saw his door open, pie
sons passing, in and out, and a great ctowd coilectel
round the shoi,, marling some large placards %hick
were hunt. outside, intimating the intelligence cm.
tained in ceitain S inday Papers which he bad fQ
sale. The assemblave of persons was so inuneaiss
as to render the foot-way quite impasse)le to per,ors
going that way to and froar Ctinrch.
MAGISTRATIL—Did you see any Papers sold in &kudos's
shop by hint, or for him?
Witness.—No it is not for the sAling of the Papers I care
much, provided he sells them out a Church time, as fur L:,•
nuisance caused by exhibiting these placards.
Defendant.—The publishing of Sunday Newspapenis
of necessity. The Legislature has Made no provisiun sgsii;•;!.
A Bill has been introduced into Parliament to prohibit the e,t,,L
ing on Sundays, but it being a work which returned sect La in.
come to Government, the Bill was rejected. No Nl:Eierne
can convict me—the sale must be first proved.
AISUISTRATZ—riI put it on this footing; you shallbealeiral
to sell Papers after Churchtime, provided you do re saillit
the placards so much complained of; as I consider thveezlista
ing of Sunday Papers a matter of great gratifitation :edam.
port:ince to the Public, especially to the working classes, who
cannot spare time to read on week-days.
Defendant.—Perso.-4 are allowed to tell fish and milk SO SW.
days, and why not Newspapers as Weil? • •
MAGISTRATL—Tic Legislature allows the sale of milk ad
mackarel, as being a work of necessity; but looking oa thud
Newspapers as only to gratify public curiosity, it made wpm
vision either for or against their sale on Sundays.
Defendant.—Although I'm of the Jewish persuasion, Trad
dined to pay the utmost respect to the laws respecting Ways;
but, notwithstanding, I'll keep my shop open in siite W rya?.
position, on Sundays, and• seli what I think proper ao mipts•
anises. 1 cannot sell the Papers without exhibiting thepurear.
3IAGISTRAIE.—The Miler:Ca is not sufficient at pronto
warrant a conviction ; but if a repeti•ion of this takes place,rd
that the Public are to be annoyed as descriaed, I will Utak
fullest penalty.
Defendant.— I'm not to be thus intimidated by the ow
plainant. The premises are not mine ; but, at all svtrts, tie
penalty is no more than five shillings, and should thatbe info/
will appeal.
:11AGLSTILLTZ.—If this be your determination amd idea at de
business, I'll convict the occupier of the premises.
A short argument ensued between Mr. Marshaltal
the defendant. lie said, let it cost him what it call
out of his own pocket, he would institute proceeding;
against him in another Court ; and thus the nu
rests at present.

The Rev. RALPH PRICE, Rector of Lymingt,i
consideration of the depressed state of agricsksq
has in the most handsome manner postponed dale
ceipt of his tithes until April, then consenting toots
a deduction of 15 per cent.
. A curious circumstance, shewing the great numb,
of female servants out (.1* place; occurred on Tuesds!.
A Lady had advertised for a cook and a houseraaitt
and, with the permission of Mrs. Appleby, a wide',
who keeps a hosier's shop in Parliament-street, lal
directed them to apply there, between the houra
eleven and one; at eleven o'clock no less than 41
females met together in Mrs. Appleby's shop, 194
by twelve o'clock, the number amounted to 105!—
The shop, the steps of the door, and the paveroc,
were filled by these femalee. A constable was seat
for, to protect Mrs. Appleby's property in het shop,
and to disperse them. The Lady was there accord-
ing-to appointment, but was so perplexed by the
number of applicants, that she could not engage
any of them.

BIRTHS.
Dee. 1, at Bryn, Glamorganshire, the Hon. Lady Maniac'
a daughter.
Saturday, the LAdy of the Rev. Dr. E. D. Clarke, tf
bridge, of a daughter.

MARRIED.
Nov.ii u
36, at Znoeeh:
eldestste
Kemp,,edapautagihnter,of
the
uoftthee
D r.
55thuadtz,RtirO'
to m
of St. Margaret's Bank, Rochester.

Slips it Unticet.
5614. NeM.::l,lle
81 Sun(!f:rland
1 Scotch Coal