Star.
London, England, 1827-04-25 00:00:00

LAW INTELLIGENCE.

COURT OF. CHANCEEY,. testi ta.
Ageitiser the Lo RD CPA NOILLLOIL nor the MAIITI* Of
fIICROLLS sat here to-day.

VICE CHANCELLOR'S COURT, Aran si.
Ttit TRINITY-HuUSI AGAINST OZOROI 30108.
The ATToRNCY-GeltißAL said, that he had to apply
to the Court for a special injunction on behalf of the
Trinity House against George Burge, one of the con-
rractors ol the St. Katherine Dock Company. By a
charter grated to the Trinity House Corporation, in
tie reign of Slizabeth, the exclusive right of supplying
ballast to the shipping in the river Thames was vested
in that body. His Honour might not be judicially in-
formed, although it was a fact of public 'alto' iety, that
a very large excavation bid been made at the St. Ka-
therine D ,ck. With the rubbish chess excavated, the
contractors were in the habit of Supplying ballast to
vessels in the Thames. The Trinity House feeling that
their right was infringed upon, gave notice to the con-
tractors, in February last, to discontinue suppkylos ves-
sels with ballast; but in defiance of this notice, they
still pursued their practice, in consequence of which:
the Trinity House were obliged to file the present bill
to restrain the defendant from infringing on their char-
ter. To shew that this proceeding was not got up on
slight grounds, or through captious motives, it might
he as well to state, that since notice had been served on
the defendant, in February last, no less a quantity than
2,500 tons of rubbish had been disposed of as ballast
put of the excavation at the St. Katherine Dock. It
appeared that chalk, dung, and compost, were excepted
by the charter; but lie (the AttOrney-General) was not
aware that the defendant intended to plead in justifica-
tion that the rubbish in question contained any portions
of the description of ballast so excepted. Under these
circumstances, the Learned Counsel prayed for a special
injunction to restrain the defendant from infringing on
the exclusive right of the Trinity House Corporation.
The Vica-Claaticar.xoe having ascertained that this
was an es parts application, granted theinjunction.
No other case of public interest came on.

...

COURT OF KING% BEMen,. Aran. 24
WRIIMICR AND BARTON V. THORNTON.
This was an action brought to recover the value of
three vessels, named the Tom Bowling, the Progress,
Sind the Jubilee. The plaintiffs are the assignees of
Mr. Dewey, a bankrupt, who carried on business as a
(mei-merchant, at. Albion-wharf, Holland-street, Black-
frian• and the defendant is a merchant in the City, and
brother-in-law of Devey. On the Slst of May, 18S4,
Dewey transferred the vessels in questionto Mr. Thorn-
tbes in consideration of the sum of 6,4001. which the
latter advanced to the former. The act of bankruptcy
•/at alleged to have taken place on the 7th of June, but
the commission was not sued out till July ; on the 7th
df June, however, the transfer of the vessels to Thornton
was not registered at the Custom-house, at it ought to
have been. The grounds out which the action proceeded
were, that the side to Thornton was an undue preference
in contemplation of bankruptcy; and that the vessels
roust, therefore, be considered available assets for the
cireditors of the bankrupt. •
The plaintiff's case, as above stated, was proved in
evidence.
The defence was, thin the sale to Thor:Aim was a
fair transaction, and was not intended as a fraudulent

preference.
Devey was called as a witness, and deposed, that at
the time be executed the sale of the vessels to Thornton
hoilad not the slightest idea that he would become a.
bankrupt : he also stated, that Mr. Thornton had assisted
him in business by discounting bills, affording him gua-
rantees for credit. and making him presents of money.
It was likewise proved that the tiatisfer was made by
Devey. under threat of an arrest from Thornton, for the
Isom, which was due to him.
Mr. Scaaurrx rose to reply, but was interrupted by
a juror, who said the Jury had made up their minds.
The Loan CRIS/ JUSTICR said, that the only ques-
tion for the decision of the Jury was. whether or not this
muster was voluntarily executed by the bankrupt in
sirsotemplation of bankruptcy?
Foreman—We think that it was voluntarily executed
in contemplation of bast kruptcy.
The LORD CHIEN JUSTIRITru Theo you find for the
plaintiffs."
Verdict for the plaintiffs.—Damages to be settled
oat of Court.

COURT OF COMMON PLEAS, Guianaau., Asa= IN.
DOLLAND AND OTHZIRS N. MARSD.
This was an issue from the Vice-Chancellor's Court.
The point to be determined by the Jury was, whether
the defendant, Arthur Cuthbert Mar h, was the partner
of Wm. Marsh, and whether, being his partner, he was
not indebted to the estate of Marsh, Stracey, and Co.
late bankers in Berners-strret, in a sum of. 73,6431.?
The plaintiffs were the assignees to the estate of Marsh,
Stracey, and Co. It appeared that Mr. Wm. Marsh,
Siam was at the head of the banking concern, was also,
in 1815, at the head of another concern, in partnership
with a Mr. Creed,. as navy agents: this busiaeskwas
carried on in Norfolk-street, in the Strand. la the year
1816 a dissolution of partnership took place between
Messrs. Marsh and Creed—Mr. Creed going out of the
concern. Some short time after this had taken place,
Mr. Win. Marsh agreed to take his son, the present
defendant, who had been previously engaged in his
office in Norfolk-street, as a clerk, into partnership; and
in March, 1817, a deed of partnership was entered into
between them. Dutirg the time, however, that the de-
fendant had been employed as a clerk, it became neces-
sity for an account to be opened between Messrs. Marsh,
Stracey, and Co. and Messrs. Marsh and Creed, and to
prevent any confusion which might probably arise it
an account were opened in the name of hlr.Wm.Marsh,
it was determined that it should be opened in the name
of Arthur Cuthbert Marsh, it being understood that it
a as to be on the account of Wm. Marsh. By the deed
of partnership which was entered into between William',
Marsh and his son, it was agreed that Arthur Cuthbert
Marsh was to be considered as a partner, but that he
should, at fir sr, only receive a sum of 8001. a year, and
that the remainder of the pr..fit, if any, should be re
sceived by the elder Marsh, until the sum of 40.0001.,
which he bad for merly bioug t into the concern should be,
realiaed,and a hick was to be invested in the 3 percent.,
Consolidated BankA sou ities. When thisshould be accom
plished the younger Marsh was to share in the profit or'
losssegaally withthe elder;hut previau.. to this,he was to
'receive only the bllarypf.B 01. a year. After this deed had
beta entered into, it was always understood by the
whole world that thearon_ was in. paatnership with the
father; but in 1820. for some reason known-only to hint.'
self, the elder Marsh, who had been seriously ill, %%cite

a note tabfersb, .Stracey, and Co. in which be statird,'
diet his son was not parthership with him, and that
atthe monies that W' been drawn from the Winking
house was on his own account solely. It was, however,
contended -on the piit of the plaintiff, that on the
strength of the deed which was entered into in March
1817, the son was, in fact, a partner. On the other
hand. the defendant insisted that he could nqt be con-
sidered a partner until ha had participated in the pro-
Its, or losses, of the house, which it appeared had never
been done, the profits never having amounted to the
sum of 44 0001. In fact, from the time that the deed
was drawn up, the navy agency business had continued
to decline, and had eventually become indebted to the
banking-house for the sum now claimed. Had the de-
fendant ever come in for his half share, he would then
most and iuhtedly have become a partner for profit or
loss, which it certainly appeared he never had been.
The LORD CHIMP JUSTICE was of opinion that the de-
fenda9t should be considered a partner, the deed having
been entered into, and the concern carried en, in the
dame of Marsh and Son. It was certainly a species of
nostril partnership, but its inequality would not pre-
lim Its binding the parties. The only question to be
determined was, whether Marsh, Stracey, and Co. be-
lieved thent:to be partners? if se, the plaintiffs would be
entitled to the verdict. _ _

The Jury immediately returned a verdict for the
plaintiffs for the full amount claimed, 73,543 i.

ASSIZE INTELLIGENCE.
-!•77-t.

' G Si.
Robert Matthetos aid Wm. Birt were indicted under
Lord Ellenborough's Act, for maliciously shooting at
William Howard with a pistol, with intent to HI,
maim, or do him some grievous bodily harm, on the
15th of October, at Woodchester.—Mr. Jusvica stated
the case.

William Howard—l live with my daughter, whose
intellects are very weak, and an old housekeeper, at
Woodchester. Previous to last Michaelmas I was in
the habit of employing workmen for building. I was
also engaged for the trustees of the roads, and attended
one of their meetings on the 11th of Oct. when I was
to have received a balance due to me of between 2001.
and 9001. bet I did not receive it until the next day
(Thursday), when the money was paid me.' On Friday,
ithe 19th of October, at about a quarter before nine in
the evening, there was a knock at the outer door. I
opened it, and found Birt there, with a large stick in
his hand. He said he wanted work. I told him I had
not got any; he said I had. • I told him I had given
op business, and had no work. He then said, " I want-
ed some stone getting." lacked, '6 What for ?" He said,
" For building." I said, (4 I was not going so build illy
more, but would rather pull down than build again."
He said, "I was goiog to build a row of houses. I
asked, "Where r He said, " Oo the ground here,"
Mid walked towards the gate of the garden leading to
the ground. There are two gates.. The . first was about
Az yards from My docri.. Tfollowed him. He went
through the gate, and left it opal. I went to it and
shut it. He was then 6n my Lomond, about four feet
qt the outside of the fent gate. , •The other gate opens
illto the road, and is a little fetther on. As I turned
hack the left side of my bead *as towards the palings,
lead I bad not got two yards from the gate when I ob.
served Matthews at the corner of my house, near the
pilings, advancing towards the gate with a pistol in
his two hands. I saw us muzzle and but, as be
sprang, or stepped quick. from the end . of the
1 Sheen. rt said, " New's the time;" and Mat-
thews raised his hinds above the pales and presented
the pittol to rqe. I tanned quick from him, and Whilst
tar el the conteats.struck my head above the left
eaf.. 1 pettily band to my head, and immediately went
ep towards them, and said—" That's what you wanted,
is it?' They both ran away in different directions,
Matthews towards Woodchester-street, Birt the other
way op my ground. • Matthews was dressed in a light
jacket and a round far cap. Birt•had a brown coat
and slouch hat, rather hanging over his head. I leaned
upon the gate for about two minutes. It was as ex-
tremely moonlight night. Ilost sight of Matthews as
he turned round the corner. I went in-doors end sent
for my friend, Mr. Tyley, Who came in a few minutes.
I.did not send for a surgeon ; there is none in the village,
or nearer than Nailsworth, which is about two miles.
and a half off. I am 69 years old. I am sure the pti
sorters are the men ; I h*e no doubt of it.
Cross-ezamined—The slouched hat Birt wore did not
prevent my seeing his features. The men were not
disguised, or their faces blackened. I did not tell Birt
he was a great scoundrel for coming to my hduse, and
wanting to rob me. My housekeeper is not here. I
was perfectly sober. There was nothing to prevent
Minitel% doming to the door along with Birt. Several
people Came to my house upon the report of the pistol.
There was a search for the ball, but it was not found.
I heard the report after I was struck. A large stick was
found on the ground, close by where Matthews stood.
. Thomas Dutton—l was in my youth apprenticed to
a surgeon, but did hot remain with him above three
years. I went to Mr. Howard's a little after nine, took
the cloths off, and examined his bead. It was bleeding
profusely. The wound was about an inch in length;
the flesh and skin were very much scattered. The sides
sad end were very rough. There•wat no lump or
swelling abotst it, and no fracture of the bone. In my
judgment, the wound was Occasioned by a shot. The
next morning Mr. Howard chewed me a large knotty
stick, pointed at the end. I do not think a blow from
it would have made a wound of that appearance.
Cross-examined—l cannot say whether the wound
might not have been inflicted by the wadding only; 1'
should think not ; a ball might have done it by striking
the 'kill, and then glancing off.
George Beckingham, constable—l saw both the pri-
soners at the Ram Inn, Woodchester, at eight o'clock
that night ; I assisted in taking them afterwards; Birt
.nn the 20th, and Mattheirs en the 21st of October.—
The turnkey said to Matthews," You are thechap that
was along with the girl in the lane." Matthews but at
out crying, and slid, " If he had not been dhmk, he
should not have done it's He went on saying, " Another
person and he had been waiting a quarter of an hoer
for Howard, and that the other person desired him to
mark a stone to frill (toss) up to see which should kirock
at the door. They did so, and it fell to Ms lot to go to
the door, but he objected, whereupon the other said he
would break a stick, which would make the old man
I come out. That other person went and knocked at the
door." Witness continued, " 1 saw this stick (a stick
was produced) tying on the ground at the end of the
house; it was picked up in my presence that evening,
twenty minutes after nine, about ten yards from the
i garden gate; I said to Matthews, I- am very lorry for
this i I huletbought of this when I saw you at the

public-house.. Matthews saki; the
_pick and p;clt (pitch-
fork) try under a wail."
Croft-examined-4 have known Matthews these 12
years; he *ea a very, good'lnd ; a hard working indus-
trious SUM
Mr. Howard recalled—l compared this stick with
the trunk of one of any trees,which I had myself planted.
I am sere it feinted part of that tree; it was tound a
the end of the hobs,.

- Walser-Leighton, she elder, a constable.—Howard
and I searchectMattheics's room ; this cap (which wit-
ness prcklutecif was found, but we could not a e soy
pistol t Matthews told me that another person it,id to
him, 4, if he (Mauhews) would betties to him, hoomolat
put a hundred pounds into his pottk'et."
, Thomas Bassett, wining elei hao tint Magi strates. pem
doted Matthews's ettefewiletti whew btought boforaltde.
Hawker. Nothing was said windiest blot to confirms
The confession *as then petit, aid read by the of&
Ger, omitting the TAM* of that other person. 14 I war
drinking with another perootaiis &MIMI Clarke's" publics.
house. The other permit sold he would make me as
long as I lived if I would go With Mat that night. We
then went to Howard's home, aid he said he had a
mind to break a stick, and wanted me to go to the

door. And then he marked* muse with across and
threw it up and said, I was to go to the door. Mr.
.Howard was not, shot at, he was hit with a pick."
The prisoners, on being called oe for their defence,
said they left it entirely to their Counsel.
Mr. WATSON called
John Matthews (no relatiori of the prisoner).—l live
fifty yards from Mr. Howard's house. 1 have Ire.
quently heard shots in the night time in Lord Duck's
wood. Mr. Long called on me that night to tell we Mr.
Howard had been shot. I had not then heard any firing.
About a quarter of an hour afterwards I did hear shot
in Lord Dude's premises. I hate known the primmer
Matthews many years. He was always an honest. in-
dustrious, good lad.
Samuel Webb, mealman, of Stroud, and William
Merritt, two very respectable-looking men, also gave
Matthews a very good character. They came unso-
licited for that purpose:
Mr. Baron VALIWIAN—The prosecution affects the
lives of the prisoners,for if found guilty they will unques,
tionably expiate their offence with their lives. His Lord-
ship read the applicable clauses in Lord Ellenborough's
Act, and continued,.. if yon ate of opinion that the pistol
was fired by one,and that the other prisoner was thercand
both engaged in the same enterprise, they come under
this Act, for in that case the Sting by one is the same
as if the pistol had been fired by both. But if you are
of opinion that the pistol was not loaded with ball, and
only with wadding. or that the wound was inflicted by
a bludgeon or pitchfork, er any other weapon, you will
not convict the prisoners under this indictment. which
does not charge such cilarnce. It does not net:eulogy
fellow that no ball was used because none was found;
but it has been solemnly decided that a party firing a
pistol. conceiving it loaded with ball. when in fact it
was not so, does not come within this Act. It is extra•
ordinary, when the night was so light that the prisoners
must be identified, that they did not abscond, and it is
singular that Howard made so mention of any names
that night. Maria Browning is not here, though she
was known to both parties. His Lordship carefully and
minutely summed up the evidence, and left it to the
Jury for their temperate and dispassionate judgment.
• The Jury retired for about an hour, and then came
back with a verdict of Guilty.
Mr. Baron VAVOSIAN pronounced the fatal sentence
bf the law in a most impressive manner. His Lordship
seemed greatly affected.
Birt said, atter the sentence, the blow wee :murk
with the pick.
The prisoners went from the dock with a quick step.
They are both stated in the calendar to be 21. . .
With this trial the Assizes terminated. Mr. Buss
Vaxoeau came into Court at seven o'clock in the moriiii
iog, but the proceedings were not over until near three.
There ate seven prisoners in all left for execution—the
two whose trial we have given; Mark and Jobe
Dyer, under the same (Lord Ellenboroogh%) Act, fee
shooting at Thomas Mills; and Joseph Bay. James
Jones, and William Leach, for a burglary at Hot-field.
This circuit, which ends here, has been heavier than w
ever known. There has been an unusually great quele..l
tity of civil business, aid the calendars hate bur
throughout the circuit fearfully large.

CARMAIRTRZN &MING

1y last the

Sessions commenced. The
Esq. of Derwtdd, in this county, in his private cer-
riage and fusty, escorted by twelve javelin men, and
attended by a numerous cavalcade of Gentlemen
Yeomanry from the county, and inhabitants of the
town, on horseback, went to meet the Learned Judges
at the confines of the borough, according to cows*.
The livery of the javelin men was unusually showy,
and the-banners of the trumpeters was much *dunked.
After the usual ceremonial of introduction and tbil
sentatioa of the calendar, the Sheriff and hie escort
warned in the same order befogs the Judge', to the
Guildhall, where the Sessions were openedyroforesa bl
Mr. Sergeant fiETWOOD and Mr. Just* liwt.putt, sad
adjourned to the following day.—Careteraten

POLICE INTELLIGENCE.

M ANSION-HOUSIL

Yesterday, two yels—nins;nTnanWilsTise and Adam, wee
brought before the Leas !heron, CO a chug. of having burglari.
misty broken into the Old Sc. Catherine Wheel lan, and Kam
variety of property.
Mr. Sykes, the landlord, described that between ale sod seven
o"'elotsk on Monday morning, be was alarmed by °maths servants,
who Informed him that some person bad broken into that part of tie
premises where the goods were kept, and bad rifled several packages.
He went and found that the place had apparently been broken open,
and the contents of several packages stolen. Amongst the row
were one package containing bats, and another containing some
bottles of champagne. On the premises be found two bats and gig
cap, which had apparently been left by the thieves.
Giles Boor, a watchman of Bishopegate Ward, observed the pet.
setters facing Crown court. When a patrol was getting out el hie
box, they began to move. The witness then suspected them—gave
an alarm to his brother watchmen, and tamed a permit. In their
Sigfit, they let fall several articles. One of them-was soon sakes.
Witness went to the watehhouse, and gave the word "OE coat%
and fellow me." The rattles were soon at work in every direr•
don, and after an active pursuit, tile second prisoner was taken...—
On each of them was found a new hat, and these and ether pro-
perty, it was expected, would be identified by the owners of the
packages, as put of the property soles. They were both rensandatl.

GUILDHALL.
Catherine Stiller and Jane Pertf•lel, taco decent-Woking Toting
feniales,were charged with hawing attempted to introduce about half
a 'talon of spirits into the Debtors Prison is Whitecrossoitreet. oil
the previous afternoon.—Pentuid, weeping, urged that ahe had
(outwitted the offence front distress, through having been for two
years deprived of her .husband's assistance. Sir Perms Lausta--1
lust commit tenth of pm for the feU term. This is the moat
trotibls some prison througlirnt Eitgland, end the introductionlff.
spirits it the reason it is so. I fear, I have hitherto been rather too