Star.
London, England, 1826-12-15 00:00:00

HIGH COURT OF DELEGATES.

ATKINSON V. ATKINSON.

This case, which was utiginally depending in the
/Itches Court, was in the nature of a suit brought by
Elizabeih Atkinson against her husband, Thomas At-
kinson, of Alverstoke, in the county of Southampton,
for a divorce from bed and board, by reason of cruelty
and -Adultery.
The Juege of the Arches Court having decided for the divorce,
Mr. Atkinson appealed, and the case now came on to be argued
before Mr. Justice Hommel), Mr. Justice Bunaovou, Baron Gars-
am w, and Drs. DAVIIICNT, ARNOLD, PICKARD, &C.
The libel pleaded, that the respondent, Thomas
Atkinson, was a number of years in the habit of carrying
nn an adulterous connection with several women, and
had two bastard children, for one of which he be-
came acc,ountable to the parish of Gosport, and for the
ether to the parish of Paddington. The libel further
pleased, that in 1819 Mrs. Atkinson consented to forget
and forgive all the respondeat's former infidelity, it he
would promise for the future to abandon his licet.tious
habits. Upon his pledging himself that effect, the
parties again cohabited : but the libel pleaded, that
during the year 1820, Mr. Atkinson became acquainted
with a w idow named A.nr. Rolls ; that he frequently
sent the said Ann Rolls presents of fruit, game, &c.
that he constantly visited her, and that diming his visits,
the curtains of the room in which he was with Mrs.
Rolls were pulled down, and certain indecent fami-
liarities passed between him and her, from which it
,a as to be presumed that an adulterous intercouse was
CAllied on betty een the parties. In reply to this charge,
it was pleaded, that Mrs. Rolls was a Lady of respect.
able character ; that she resided with her parents ; and
that when Mr. Atkinson visited her, several persons
were in the room, and always continued so until he left.
_ _

Drs. Lusuniothe and Donsoo were now beard in support of the
decision of the Court below, and Dr. James for the appellant.
The point chiefly relied upon by the Counsel for the
appellant was an exception to the admission of an alle-
gation made by a witness named llara r Hnhhc, who
swore that she received no bribe, but subsquently de-
clared that her father had received money from Mrs.
Atkinson to purchase clothes for her.
The Cove? found for the decree, thereby confirtnins the decision
of the Court below.

A new Comedy by MORTON, is in rehearsal at Co-
vent-Garden Theatre, which will be produced soon after Christmas.

Tuesday might the SPEAKER informed the House, that
WILLIAM Connarr, E'q. of Kensington, had not en-
tered into the requisite recognizance' to prosecute his
petition complaining of an undue Election for Preston.
It was therefore moved and carried, as is usual in such
cases, that the order to ballot for a Committee to try
the merits of such petition be discharged.
Our R aders will remember that Daniel Gould, a
master blacksmith of Somers"lown, was convicted at
the Clerken well S.ssions of a most violent assault on
the servant of a licensed victualler, who had done no.
thing to provoke him beyond refusing to let him pass
out of the house without paying for some gin he had
obtained. Tht COURT, at the time, deferred its sen-
tence; but the prisoner has since been brought up, and
after some sevete animadversions from the CHAIRMAN
on the brutality of his conduct, was sentenced to four'
asonths' in►peisornnent, and to be kept to hard labour.
At the same time William Palmer, the constable of St.
Pancras, who was convicted of an assault on Mr. Braith-
waitewas sentenced to imprisonment for a similar period.

HOUSE OF LORDS, DEC. 13.

The Clerk read at the table the final Judwnent of
the House, in an Appeal from the Court of Session in
Scotland.

P, V. DONALD, Ilt lama:lntr.

This Appeal, which was heard at the Bar, on Wed-
nesday, the 29th ult. relates to the validity of a title to
a villa, in the neighbourhood of Glasgow, called Pros-
pect Hill, which had been purchased at a public auc-
tion, on the 81st of January, 1817, by the appellant, '1
from the respondent, in his character of trustee, on the
sequestrated estate (or, as we sh,,uld say, in this coun-
try, assignee on the bankrupt's estate) of James Corbet,
formerly agent in Glasgow.
It appeared, from the pleadinge, that the property
had been c.,nveyed, by a person of the name of MiKeird-
rick, not to the bankrupt himself, but to his wife (Mrs.
Corbet), who, however, being satisfied that the property
had been purchased by the money of her husband's
creditors, transferred it to the respondent, for their
benefit. In the conditions of sale, the respondent be-
came bound to execute and deliver to the purchaser "a
valid irredeemable disposition (assignment) of the
aforesaid subjects ;" but the only title, which he had to
offer to the appellant, consisted—First, of the con-
veyance, by *Kendrick to Mrs. Cerbet—Secondly, of
that Lady's conveyance to the tfustee—Thirdly, of the
deed of transfer, by the trus:ce to the appellant.
The legal question raised by this Appeal came, there.
fore, to be, was this a sufficient title ?
The Court of Session had repeatedly decreed, " That
the respondent is not bound, at the expense of the
bankrupt estate, to make any addition to the title offered
by him, but that he is bound, at the risk and expense of
Mr. Dick (the appellant), to concur in any supplemen-
tary title he may wish to have executed." The Court
also awarded costs to the respondent.

The LORD CHANcELLoa,"after a few observations,
moved, " That the Decrees of the Court below be re•
versed; and that the cause be remitted back to that
Court, with directions to take all pi /ler steps for carry-
ing this judgment into execution.

WINTER ASSIZES.

CHELMSFORD, Dscemsza 12.

The winter gaol delivery for this county commenced
here on Monday morning, before Mr. Justice BAYLEY
and Mr. Justice GASELEE. The calendar is et ry heavy
in point of number of culprits, but there are not many
serious cases, and it is not expected that the business will
end before Saturday.
Thomas Kingen was indicrei for having feloniously
forged and counterfeited, on the 17th July, at Waltham
stow, a check upon Messrs. Curtis and Co. banker.,
London, for the sum of 261. 14v. w ith intent to defraud
Thos. Liusell. There was a second count, for uttering
the same check, knowing it to be forged. There were
two other similar sets of counts, except that the intent
was laid to he to defraud other persons.
Mr. BRODiiICK and Mr. CLARKSON conducted the
prosecution, at the instance of the Society of Bankers,
for their mutual protectiunagainq forgery. Mr. JEdSOPP
was for the prisoner.
The case was in substance this: The prisoner lived
with Mr. Ben. Cotton, the brother of the prosecutor, at
Layton, in the capacity of footman, and was discharged
from his situation on the 6th July, receiving six guineas,
the amount of the wages then due to him, by a check on
Messrs. Curtis and Co. his master's bankers. Some
time after the prisoner had quitted Mr. Cotton's set vice,
it was discovered that five blank checks had been
torn out of his master's check books. Oa the

17th of July, the prisoner called upon a Mr. Linsell,
a grocer, in Layton, and requested him to cash him a
check for 261. 14s. purporting to be drawn by William
Cotton upon Messrs. Curtis and Co. payable to George
Turnley. Mr. Linsell at first hesi:ated, but at the
pressing request of the prisoner casheJ the check. Mr.
Linsell's son was present at the transacti 41, and they
both swore pftsitively to the person of the prisoner.—
The check remained in the possession of Mr. Linsell till
the Vlst of July, when his son, by his desire, paid it to
a Mr.Walker,the clerk of Mr. Strange, a cheesemonger,
in London, for a bill due to him from Linsel.l, avid
Mr. Strange paid it into his own bankers, Mess's. Mul-
key and Co. by whom it was presented to Curtis and
Co. who declined paying it, alleging tl:at Mr. Wm.
Cotton had no cash account with them. check
being then returned to Mr. Linsell, it was, upon in-
quiry, discovered to be a forgery; and suspicion arising
against the prisoner, means were taken to arrest him.
The prisoner Will aprehended by Cope, the City
Marshal, on the 9th of August, at Mr. thivei's house,
in Tudor-street, Blackfriars, after a desperate attempt
to escape. Upon his person were found 37 sovereigns
and I ls. and in the house where he had some time pre-
viously resided, there was found a pocket •book, sealed,
containing three blank checks upon Curtis and Co. and
a letter in his handwriting, apparently aJdressed to his
sweetheart, in which he complained of being in extreme
distress for want of mony. Two witnesses proved that
the check set out in the indictment was filled up in the
handwriting of the prisoner; and two other witnesses
proved that the handwriting of that check was not of
Mr. William Cotton, the apparent dra er.

On the part of the prisoner, Mr. B. Cotton and a Mr.
Hoppey, in whose service he had previously lived for
nearly a twelvemonth, stated, that lie had lived with
them, respectively, as a confidential servant ; that they
had received a goed character of him from a respecta-
ble quarter, and that he had conducted himself with the
strictest integrity while in their service.
Mr. Justice GASILIIK recapitulated the whole of the
evidence to the Jury, telling them that there was no di-
rect evidence of the prisoner having forged the check
in this county; but it was for them to consider whether
the proof of the check being in his hand writing, fAlow-
ed up by the evidence of his having uttered it, which
was very strong, did not satisfy them that he hat ut-
tered a forged check with a guilty knowledge. If they
were of that opinion, it would be their duty to convict
the prisoner; but if they entetta'ned any reasonable
doubt upon the subject, he ought to have the benefit
thereof, and the good character he had received ought
also to operate in his favour.
The Jury, after a very short deliberation, found the prisoner
Guilty of uttering the check, knowing it to have been forged.
The prosecutor then earnestly recommended the prisoner to
mercy, suggesting that he believed him to have bees in great dis-
tress in point of circumstances, and his mind much agitated by the
unhappy situation of his family.
The Learned JUDGE passed the sentence of the law, holding out no ,
immediate hopes of mercy to the unfortunate convict.

In the Royal cemetery of the Kings of Denmark at
Copenhagen, the coins, instead of being concealed in tom►s,
stand open to view in Chancels orChapels, separated horn the spec.
tator only by an iron palisade; in much the same manner as those of
our Saaoo Monarchs in Winchester Cathedral.