Star.
London, England, 1829-12-17 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, Dac. 16.
HODGES V. 11101111VALL.
The Loan Comm/LTA& gave judgment in this appeal from an
order of the Vice-Chancellor, the present Master of the Roils. Mr.
Nonfat' was the owner of certain premises at Battle-bridge, for the,
sale of the lease of which he entered into a treaty with Mr. Hodges.
Fifteen hundred pounds was to be given for the leanorhich was to
be for 31 years from Midsummer, 1824 ; the rent was to be £BO a
year. Mt. Hodges was to make certain repairs and additions, and a
plan of such repairsokc. was said to have been agreed upon. A demur
took place, and Mr. Sudan filed a bill against Mr. Hodges for a
7 diem
cliisll:l7 according to a given plan. 'nth bill was
Mr. rformance
Hodges next filed a bill against Mr. Horafall
for a specific performance acconlini to another plan. It did not
appear that say definite plan bad been distinctly agreed upon,
although, two or three pia= bad been at different times the
subject of conversation between the parties, therefore the
Vice-Chancslior thought this bill ought to follow the fate of
the others. in which the Court upon this appeal neutered in the
propriety of.—. The order of the Master confirmed with cuts.
MISSION V. AVIOLD.
This was an appeal against a decision of the Vice-Chancellor.
The question was whether Mr. Ofies, a Solicitor, purchased the
assignment of a mortgage of two houses, Nos. 40 and 41, Jubilee-
row, Chelsea, u agent for the Plaintiff, or whether he bought it
with his own money, and on his own account?
The LORD CSANCILLOS felt that he could not come to a satis-
factory decision from the evidence in the affidavit before the Court.
because he thought that if two of the Deponents were subjected to
a crow-examination, the cue might assume a complexion wholly
different to that which k now bore. His Lordship therefore di-
rected that an issue should be directed to the Court of Common
Pleas to try the point mentioned above, and left it to the perdu to
settle the terms.

VICE-CHANCELLOR'S COURT, Dac.l6.
IST V. LOID 11111.11110113111.
This case stood in the piper to be spoke to, the question in
which arose upon the construction of a marriage settlement. The
Court on a previous day had delivered its judgment, but the Sli•
UCITOII- Guam'. having stated that at the time that judgment was
pronounced by the Court, various facts connected with the settle-
ment were not brought to the Court's attentibo, the case was or-
dered to be spoke to oo that point. After a long discussion, the
Court confirmed the order it had previously made, ordering the
Souseroa-Gzsaaat's clients, at whose request the application was
made to pay the costs.
The Court then proceeded upon exceptions and further directions
COURT OF KING'S BENCH, Duo. 16.
(Sittings at NW Petra, after Michaelmas Term, at Westminster,
before Lord TINTIRDIV and Special Juries.)
TMa CAILIIIIIISOZ TOLLS..-..1111111T V. =Lt.= AND 01111121.
This ease has already been tried two or three times, and was
again brought on this morning. The simple question is, whether
the Corporation of the Borough of Cambridge is entitled to exact
certain tolls upon all merchandise taken into the Borough for sale?
The Corporation claim a right of this exaction before the time of
legal memory. In fact, that the collection had existed daring the
reign of the Saxon Kings, prior to the invasion of the Roman Con-
queror, and that King Edward L had granted them the privilege.
Further, that in the time of John, in Magna Charts, it was granted
to them separately.
Mr. Tantrum, as Counsel for the Corporation, stated the case
at great length, and contended that the right had been vested in
the Corporation time immemorial. The documentary evidence in
support of the claim filled two or three trunks, and the parole evi-
dence will lead to considerable length. The Learned Counsel
=d the whole of the day in the examination of grants and
us. Having intimated his intention to prove certain en-
tries in the Corporation books relating to tolls,
The Arrostme-Germara. objected to the reading of the same,
Weis those entries were followed up by acts done by the Corp-
radon.
The Lout Come Jerrsca held that the objectioa was well taken,
and the entries were not read.
John Spence, Treasurer of the Corporation of Cambridge since
1813, proved that the Corporation had repaired the bridges and
taken tolls during the life of his father, and since be had succeeded
him in the office of treasurer. In answer to a question, he said
Cambridge contained 15,000 inhabitants, among whom there were
about 200 burgesses. The income of the Corporation was about
6001. a year, exclusive of tolls.
Several pieces of documentary evidence were then produced, sad
particularly a list of tolls said to have been made in the reign of
George the First.
The A:volume Gemara. contended that it could not be ad.
mitted as evidence.
After some discussion, Lord Tamura was of opinion it might
be received.
The Aramerr-Gsvisaat gave notice that he should prove the
document had been written since the reign of George the First.
Sergeant &maks rose at this part of the case, and said it might
not be convenient to go further this diy. He had still a great body
of evidence, which would run to great length.
Lord Temesanse—How shall we finish to-morrow ?
Sergeant Stoaas—l should think we may finish to-morrow.
The Arroasse-Gsszem.—l must say I have a great deal of
evidence.
Lord Tairnaoss—A great deal of tame has been taken up in
Aeroserr-Gummt—l will endeavour to make my objec-
dam as short as lan.
Lord Taxessass—l by no means wish you to deviate from your
proper course. I speak of objections as a fact, and make no in-
ference.

Sergeant STOW WIN preparing to call another witness, when
Lord MITIMDIS said—Perhaps your better way will be to ad-
journ now. I might not be able to goon to-morrow if overpowered
to-night.
The cause was consequently adjourned at six o'clock until to-
morrow (this day).
COURT OF COMMON PLEAS, Dec.l6
(Sittings in London, before Lord Chief Justice TINDAL and a
Special Jury.)
monition ♦. 1117CMSLL.

The plaintiffs are wholesale warehousemen in Foro.strett, and
the defendant carried on business at Bunpy in. Suffolk, for several
years, greater part of which period he dealt with the plaintiffs, until
the month of June, 1826, when he wrote a letter to them, stating
that he bad given up busbies., and recommended a person, Domed
Swan, who had succeeded him, as deserving of credit. wan an-
cordhigly called on the plaintiffs, to whom be presented the de-
fendants letter, and subsequently made a selection of goods to the
misennt of 4131 10s. 10d.phe greater part of which sum he shortly
'after paid. In 1828, goods were again ordered by Swan, which left
balance due to the plaintiffs of 4118 85. 74. for which Swan gave
his acceptances, which when due were returned dishonoured, he
having become a bankrupt.
Mr. Robert Slater, the plaintiff's managing clerk, deposed to
receiving the defendant's letter from Swan, when he sold him
goods to the amount of 4131 10s. 10d. but which were not deli-
vered until 4100 was paid in part. He was supplied with goods
for upwards of two years, but they Dever understood he was acting
as agent for the defendant, until they heard of his bankruptcy.
William Swan deposed, that be entered in the defendant's ser-
vice on the 3d of July, 1826, at a salary of 470 a-year, to conduct
the business at Bungay, and that his name was to be put up in
place of that of the defendant's. In March, 1828, he left his set-
vice, and took a shop facing that of the defendant, on.his owe as■
count, and applied to and obtaiced goods from the Plaintiffs, which
were sent; but, shortly after, from unforeseen circumstanseas he
was unable to take up his acceptances, and subsequently bows a
bankrupt.
his. Sergeant Seams addressed the Jury for the defense, and
contended that their verdict, according to 11w, should beeven in
favour of his client, as there must be evidence of a yes in-
tention to deceive and tnisrepresent, which was not the case in this
instance ; and as a proof the plaintiff was not willing in the first
dealing to give credit, be required the payment of 1004 before the
goods were forwarded.
The Cater JUSTICE briefly addressed the Jury, and said, if they
considered any portion of the letter as likely to lead to misrepre-
sentation, they should give their verdict in favour of the plaindff.
The Jury, after a short eoniultation, returned a verdict for the
plaintiff—Damages, 881. 1.55. ed.

Yesterday evening, about six o'clock, a fire broke out
in a canvass and tarpaulin& manufactory, belonging to a Mr. Dea-
con, in St. Joha's.street. How the fire originated bas not been
ascertained, but several of the workmen were on the premises at
the time, and one or two of them have been severely scorched and
otherwise injured in their fruitless efforts to extinguish the lames,
which, being fed by large quantities of oil and other combustible
matters. spread rapidly and threatened destruction to all the sur•'
rounding buildings. A great number of engines were quickly on
the spot, and there being a plentiful supply of water, the raging
element was subdued in the course of about two hours, but not
until it had completely destroyed the interior of the manufactory.
together with a considerable share of property, the value of which
has not yet been ascertained. Mr. Descon's dwelling-house, which
adjoin the mandatory, narrowly mimed detain:don, together
with several extensive premises on all rides round. Mr. HLschett,
salesman, of Smithfield. is the landlord, of whom Mr. Deacon
rents the premises. The buildings were insured in the Globe, and
the stcck in the Sun, insurance offices.

COMMISSION OF LUNACY.
--00..--
The Court sat at the usual hour yesterday, mad emu

ceedings by the examination of -
Wm. &you (the greater part of Idiom evidence was of tonna/it
importance.) Amongst his statements were the impression made
upon his mind by the conduct of Mr. Davies at a tamale in the
month of June, which was, that that Goodman was then deranged
In intellect.
'• Wade - tea-broker, was next examined, hut de-

Hugh ..i'lLay, a .
posed to no new facts.
John Kendrick—On the Ed of August Mr. Davies called at the
Furnival's Inn Coffee-house. between two and three' o'clock in
the afternoon; be talked very wildly. putting his band to his
bead and his breast. I did not think him in►a fit state to

be in our coffee-room; his actions and demeanour were very
extraordinary—he was every moment pulling out his watch,
whispering in my ear and laughing ; be desired me to go to
Ely-place for Mr. Forbes; they had a careened= which I did
not hear. He had some soup, some tea, soda-water, and supper.
He slept at our house; at on. o'clock in the morning he rang,
his bell ; I went up and knocked at his door, be inquired if I was
the nephew of the owner of the house, 1 replied yes ; Weald there
were thieves in the house. he heard them snapping a pistol and
striking a light; I told him it could not be so. I heard him next
walking about the passage, between six and seven o'clock. I came
out of my room, he caught bold of my shirt. and wanted me to
come up stairs ; I remonstrated against his err **duct ;
he said he was lorry for what be bad done. tarnatratig go on his
Mum and beg my pardon ; I toid him there was no necessity foe
that. but he did go on his knees. and humbly begged my pardon.
He certainly was in that state, that if I had any business of im-
portance I should not entrust it to him, but leannot say that he was
insane. He left our house, accompanied by two men ; whose men
they were I do not know. He went away about eight o'clock to
the morning. Mr. Chapman, the owner of the mike-house, is at

present very ill.
By the Coxsusswease—The whispers of Mr. Davies bad refer-
ence to my going for Mr. Forbes; in consequence of his wildness
we asked for a reference ; he gave one to Mr. Forbes.
Mrs. Brookbank-1 am aunt to Mr. Davies. I have frsgoently
been in the habit of seeing my nephew ; from hie infancy his
depart-
meet and conversation was always quiet, unassuming, placid, and re-
served. Always spoke low. He was every good sou, and a cautious
man in every matter. Never did any thing without consulting him.
She was always very kind and affectionate to him. In the spring of
the resist year his manners became boisterous and flighty. He
sables me occasion be could not go hems, because his mother
wed, guarder him. Ile came to me ; I offered to send for his
metbee, but upon that he refused to wait • his mother came, haw-
ses', end be ran away; be repeatedly fell his knees, and said
bee mother would come and murder him; he said that he was
wilighemod by Gon, bad more understanding than other people, was
Ikesendoed to go to Court and become the greatest man in the
sessny; be would go to Parliament, and excel all the orators there.
Sir C. Wrrnsaur.—Did he say he would out-top any of ta—
w Gentleman whose name begins with B?
Wimess—No.
Mr. Baouou.sx—Or any beginning with W ?
Examination continued—He said be would serve his King and
country; he talked of literature, but did not mention any other ac-
complishment with which be was gifted ; he said his mother world
cut his throat ; he carried fire-arms with him. but not at my house ;
I recollect a shopman of the name of Arthur coming to my house ;
my nephew said be was a spy and refused to see him ; I was not pre•
sent at any conversation between them ; the day he was at my house
was the day of Epsom races; I live on the Brixton-road ; he said,
" AU the people are looking at me ;" this was between eight and
nine o'clock ; he merely fancied that the people were looking at him;
they were not Do really. I went to the villa at Crouebill
fortnight or three weeks after this; he then had pistols; he let one
off by my side in the garden. Hisesoduet was boisterous and irri-
table; be walked about and kneeled down, saying, " I, Edward
Davies, will never see Dr. Mackinnon, nor his wife, nor any of
my relations. He pulled open his clothes; he made various ex-
travagant speeches, and swore violently. I went to Crouch.
hill in the same carriage with him ; we stopped on the road, and
he bought powder and shot. I expressed apprehension, but he
said " I have got no firer He was not a sportsman ; never had
fire-arms before; he had only twenty acres of land attached to his
villa ; be appeared quite indignant at my inquiring what was for
dinner. We were directed by him to rise and sit down at ap-
pointed signals from him. I staid at his house two nights and a
day. On our way back, he desired me to look to the side of the
way remote from him, for be was a public man, and every body
noticed him. He said he would be the greatest mat: in the House
of Lords.
Sir C. Wrnmazu.—We thought you had said that you meant
our plebeian house.
Witness—The difference Is not material. She then continued—
I visited Mot at Dr. Burrows's; he was at first very quite ; he then
became boisterous, and screamed out for assistance; be screamed
to Mr. and Mrs, Pollard to come to his assistance to prevent my
taking him away, though I manifested no intention of doles so.—
He applied to Mrs. Pollard to protect him ; be said to me, I know
you have left me something in your will ; I intend giving that to
Mrs. Pollard; my husband is still living; be seemed to entertain
' a strong antipathy against his sister Catherine; be said he would
spit in her face, but he had not any to spars; she was always
kind and affectionate towards him ; the idea be has about his mother
appears to affect biro most strongly; bus supposed hostility appeared
to be the chief of his thoughts : he said be felt supernatural tapping
on his shoulder, and soon spiritual visitor by whom it was dame
told him that he would become a great man.
When Mr. Sacoastase rose to cross-examine this witness, she
said she had nothing more to say ; the Learned Gentleman, how-
ever, proceeded to put several questions to the witness : amongst
her answers were the following :—I am sister to Mr. Davies's
mother. I have been married three times—first to Mr. Cran-
more, a surgeon; secondly, to a Mr. Ross • and thirdly, to Mr.
Brookbank. My sister has been twice Landed; first to Mr.
Davies's father, secondly to Mr. Bywater. Mrs. Bywater was in
service in Wales; afterwards she lived as a cook in a gentleman's
family in London ; she then married Mr. Davis' who was a porter
at the time. The witness frequently said she had nothing more
to add.
An objection was taken to this line of examination; but Mr.
Baouonax contended, that however novel it might be to call on
Counsel to open their PH in the course of a c/o:la-examination, yet
he would say that his object was to show the station and character
of the parties ; foe what might be perfectly true of one sort of per-
son might be incredible as respected another.
Nothing material transpired after the examination of this wit-
ness, and the Court adjourned till to-morrow
ithis day.)
WINTER ASSIZES. -
HOME CIRCUIT.—=I3STONE, Du. 16.
- Before Mr. Baron GAMOW.
Joseph Winch, aged 79 years, was charged with obtaining under
false pretences the sum of 7s. 6d. from Alderman Lucas. The
case was very trivial and uninteresting.—He was sentenced to
twelve months' imprisonment in the House of Correction.
Charles Legpidge, aged 24, and Thomas Smith, aged 19. were
charged with breaking and entering the dwelling-house of William
Bartlett, a watchmaker at Maidstone, and stealing therein twenty.
three-watches, value .170.
The circumstances, which have already been stated, were de-
tailed at considerable length, and the Learned Judge having summed
up the evideoce, the Jury found both prisoners Guilty.
Mr. LELAND is called the Father of the Bar—that is
of the poetising Bar. He was called in Hilary Term 1780, but
he is only a TOM or two senior to Mr. Sava= who was also called
in 1780, or neatly 30 years ago. Bub these Gentlemen are senior
to any person on the Bench.
Monday night last, some daring thief entered the
house of me. Charles Penny, the Black Horse public-house,
Rotherhithe, and, after breaking open a box belonging to a Sate&
Society. stole the contents, amounting to 444 es. 9d. in cub, with
which the thief got clear off.
Tuesday afternoon, before the hours of one and two
o'clock, a most daring robbery was committed on the premises of
Mr. Ellis, artists' colourman and stationer, Waterloo-bridge. A
man, dressed in the garb of a working carpenter, came into the
shop, and seeing only Mrs. Ellis. Inquired the price of an " Al.
manack" (which was never published), for the sole purpose, it
appears, of making his observations. He went out, but quickly
returned, Ind asked to be furnished with a stamp. He then
asked to be supplied with some parer of a peculiar talky
(merely to pin time). Whilst this was going on,* person of short
stature, genteelly attired, came in, and said be wished to purchase
an article which was in a part of the window to get access to
which it was necessary to leave the counter, and come into the
middle of the shop, which Mrs. Ellis immediately did, DM suspect-
ing any harm from the contrast in appearances exhibited by
the two menand the man in' the worths/ dress having
waived his right of being first served. Whilst in the set of draw-
ing back the sash to get at the article wanted, sod whilst her
left band was uplifted for the the man who had
last came in struck bee a blow in the side 'which
brought her to the ground, broke one of her ribs, and deprived her
of all male ; and, whilst in that state, they crammed a towel into
her mouth, and proceeded to ransack the drawer in which the
stamp were contained, from which they abstracted about AU
"MI6 What other things they may have taken, Mrs. Bilis, from
the
efewanzUty of theweeks
pall:mwenast'brokhassomtin"M . " a
R s sieb op" ascertain.wtw A
and
several pounds wank of goods abstracted, and not more than three
months previous was robbed of 440.