Star.
London, England, 1820-07-28 00:00:00

LAiV INTELLIGENCE.

COURT OF CHANCERY, JULY 27.
•NIAS, IN TILE MATTZII OF NIAs, A BANKRUPT.
The LORD CHANCELLOR—" In this long-contested
bankruptcy, the assignees have acted perfectly pro-
per in presenting the present petition to stay the
bankrupt's certificate. It is with reluctance, but cer-
tainly judicial reluctance, that I say, it is very danbt-
ful whether the bankrupt is entitled to it; but, after
such a length of time having elapsed since the issuing
of the commission, I think the bankrupt is entitled
to the benefit of the doubt. I will therefore grant
the certificate, but not in the usual terms, with costi
to be paid the bankrupt, but that the assignees shall
have their eosts."—Certificate granted.
BUSINESS or THE COURT.

The LORD CHANCELLOII observed, that Saturday
next being the last Seal, he would hear mctions that
day, and on Monday, and commence hearing bank-
rupt petitions on Tuesday morning.
VICE-CHANCELLOR'S COURT.
VIXOUNT CLIFOEN V. THE EARL OF SHAFTESBDRY
AN) OTHERS.
This suit was commenced against the lloble de-
fendants as executors of the late George Duke of
Marlborough. It appeared, that an estate called
Oldney, which the late Duke of Marlborough had
. guaranteed to the plaintiff, free of tithes, except a
small modus amounting to £BO per annum, had, in
consequence of a suit in Chancery, commenced by a
new Rector of the parish in which the estate is situate,
been subjected to tithes in kind, amounting to £6.50
per annum. For the payment of the difference be-
tween that sum and £Eo—that is, for £570 per an-
num—the late Duke of Marlborough had pledged,
as a security, an estate called Steeple Barton; but
the rents not being sufficient to satisfy the payment
of £570 per annum, the present bill was filed to sub-
ject the personal estate of the late Duke of Marlbo-.
rough for the amount of the deficiency.
The bill, which was very voluminous, was read,
and the facts w ere admitted.
His Honour the VICE-CHANCELLOR deferred his
judgment to a future day.
KENT ASSIZES.-MAIDSTONE, JULY 26. •
BANK OF ENGLAND PROSECUTIONS.

Richard Worthing, Samuel May, and Thomas Sarin-
der,:, were severally indicted for uttering forged Bask
of England notes, knowing them to be forged ; but
having pleaded guilty to the minor offence, of know-
ingly baying forged notes in their possession, the ca-
pital charge was abandoned.—They were each sen-
tenced to fourteen years' transportation, pursuant to
the Statute.
7ho►aas Sounder's and Joseph Wilkes were then in-
dicted capitally for uttering a forged Ll Bank of
England note to one Philip Chapman, at Chatham,
on the 28th of April last. The prisoner, Saunders,
was joined with Wilkes in this indictment as matter
of form, it being a joint offence, with an understand-
ing that his plea of guilty to the minor charge, as
above stated, would exempt him from capital pu-
nishment, if convicted.—Prisoners Guilty—Death.
Wilkes applied to the Judge to have some silver
returned to him, which had been taken from him by
the Constable. He said the sum was twenty shillings.-
Mr. Baron Wool) said he had no authority to make
any order upon the subject; but suggested to the
Counsel for the prosecution, that it would be as well
to let the man have the money.
The COMMON SERJEANT said, as there was no doubt
that the money alluded to was the fruit of the priso-
ner's traffic in forged notes, it would be improper to
grant his request.
Mr. Baron WOOD repeated, that as the prisoner ,
was dead in law, he could make no order.
The prisoner retired from the bar muttering curses.
CUTTING AND MAIMING.

James Coppins was indicted under the 43d Geo. 111.
c. 58, for stabbing William Wraight, in the Parish
of -Egerton, on the 23d May last.
It appeared that the prisoner was a publican, and
in consequence of a violent quarrel with the prosecu-
tor, who had struck him, he wounded the latter with
a knife in the back. It was obviously a transaction
that took place on the spur of the moment, without
premeditation.
Mr. Baron WOOD being of that opinion, i mmedi-
ate' y directed the Jory to acquit the prisoner, charging
them, in point of law, that if death had ensued, it
would not have been murder.
The Jury tOtind the prisoner—Not Guilty.
Joshua Ruck was indicted under the same Act, for
maliciously cutting off the left hand of John Cook,
frith a sword, on the 17th of June last, in the Parish
of Chartham.
The case was this :—The prosecutor and a party
of young men had been playing a cricket-match on
the 17th of June. In the evening they retired to re-
gale themselves at the Artichoke public-house, at
Chatham. About twelve o'clock at night the party
were about to return to their homes, when they saw
the prisoner in the tap-room, sitting at the table.—
Being inclined for some fun, they began to quiz the
prisoner, by saying, that 'Squire Ruck's carriage
stopt the way, and was ready to take him up. At
that moment a cart came up to the door, and a horn
was blown. The prisoner was then taken out of the
:tome with some violence and put into the cart, which
-.-as driven away with him towards his own house.—
The cart passed through the River Stour, and the
prisoner, out of a joke, was thrown into the water
(though this fact did not distinctly appear) and got
wet. It was sworn that the prosecutor took no part
in this violent conduct; but the whole transaction
was represented to be a good-humoured frolic. All'
the party separated. The prisoner on his way home
was overtaken by a brother of the prosecutor, to
whom he said, " You are one of the three Cooks, and
111 do for you all one of these days; you work at Sir
John Fagg's, but you sh4ll not work there two months
longer." Nothing further passed, and they separated.
About half-past twelve-o clock the prosecutor, who
had occasion to pass the prisoner's house, was pur-
home, and when be came near to it,
suing his way
he saw a man standing on the other side of the hedge,
and presently tl:e prisoner said, " Is thatyou, John
Cook ?*1 The prosecutor answered in the affirma-
tive, and went up to the prisoner, on his saying he
*anted to speak with him. Prisoner then said, 64 }
think you are one of those men who put me into the
cart." The prosecutor assured him he was not ; when
the prisoner replied, " If I was sure you were one I
ould tun you through r' me prisoner had a sword

•
in his hand, and without any further observation,.
made a push at the prosecutor, but missed him. 14
then aimed at his head and shoulders, and cut him
in two places. The prosecutor immediately seized a
thedge-stake in his defence, and was making his way
.towards a wall, to get overhand escape, when he was
followed, and the prisoner aiming a blow at his left
arm, which he held up as a guard, he struck the
hand clean off at the wrist-joint. The prisoner still
pursued him, and aimed several blows at the prose-
cutor, who eventually escaped over the wall, leaving
his hand behind. The prisoner then returned to
his house and went to bed. It appeared, that when
the prisoner had returned home from the Artichoke
public-house, he was in a great passion, and com-
plained of being very ill-used by some people, and
immediately took down a rifleman's sword, and said
he would see himself righted. He had just gone out
of his house with this weapon, when the prosecutor
came up as above described. It was sworn, that
when the prosecutor saw the sword, he said to the
prisoner, ,g I don't care for you or your cutlass, and
11l pull you up for it." In the struggle, the prose-
cutor struck the prisoner in his own defence with the
hedge-stake, which was very large, but decayed.
These were the principal circumstances of the case.
The prisoner received a good character from seve-
ral witnesses, who, however, said, that his temper
was very hasty. When told of the mischief he had
done to the prosecutor, he expressed his sorrow for
what had happened, and said he wished he could re-
store the hand to its place.
Mr. Baron WOOD summed up the case for the Jury,
and charged them, that they must be satisfied the
prisoner had acted maliciously, before they 'could find
him guilty.
The Jury found the prisoner guilty—Death.
WOLVERHAMPTON, JULY .25.
The trial of Abel Hill, for the wilful murder of
Mary Martin and Thomas Martin, in the parish of
Wolverhampton, which consisted almost entirely of
circumstantial evidence, came on at eight o'clock this
morning, and was not finished until seven in the
evening. The Learned Judge summed up in the most
ample and perspicuous manner, commenting, as he
proceeded, upon the nature of the evidence; and the
Jury, after consulting about five minutes, returned a
verdict of Guilty. His Lordship, who seemed almost
exhausted with fatigue, then passed sentence of death,
in the most impressive manner.
At these Assizes, on Friday, John Williams pleaded
guilty to having forged Bank of England notes in
his possession, knowing them to be forged, and was
sentenced to be transported for fourteen years.—
Elizabeth, his wife, who did not plead guilty to the
minor offence, will be tried on the capital charge of
disposing of forged Bank-notes.
NORWICH,JULY 26.
DANK PROSECUTIONS.
James Flowerckto, aged 36, was indicted on the
oath of John Lees, one of the Inspectors of the Bank
of England, with having in his possession certain
notes, purporting to be one pound Bank of England
notes, well knowing them to be forged.
Mr. Justice HOLROYD summed up the evidence,
with great clearness, and the Jury pronounced the
prisoner Guilty. Sentence was immediately passed
upon the prisoner, of transportation for 14 years.
John Blissett, aged 21, for uttering a forged note
to Mr. S. Limmer, of Holt, pleaded Guilty to the
minor offence of having forged notes in his posses-
sion, which subjects the prisoner to fourteen years'
transportation. .
Thomas Cara aged 25, was indicted for feloniously
breaking open ;he house of Mr. Thomas Lemon, of,
Hetherseft, and stealing therein £33.—Guilty.
• WORCESTER.
LICETT 4. WILLAN AND ANOTHER.
This was an action brought to recover the value of
a parcel, containing gloves, which had been booked
to be sent by the Mail, from Worcester to London,
on the 13th of May, 1819, and which, as was sup-
posed, had been lost on the road.
On the part of the plaintiff it was proved, that the
parcel had been regularly booked, and the non-arrival
at the place to which it was directed. The porter,
who took the parcel to the.coach-house, denied that
he had seen any notice stuck up there, restricting the
defendants liability, and that they would not be an-
swerable for parcels exceeding the valtfe of ES, unless
booked as such, and paid for accordingly. He also
denied that he was acquainted with any notice what-
ever given by the defendants restricting their liability.
It appeared in evidence, on the part of the defend-
ants, that they had stuck up in their coach-office a
board, conspicuously placed, on which was painted
in legible characters their restrictive notice, and that
the plaintiff had been there several times, and that
the defendants had used other means to give publi-
city to their notice. Under these circumstances, the
plaintiff was nonsuited.

YORK, JULY 14.
ARSE? O►. WILKE AND IfiNSWORTR.
Mr. SCARLET? stated this case as the most aggra•
vated which ever came into a Court of Justice. All
the insult, and a most brutal insult, had been on the
part of the defendants. It had cost the plaintiff a
large sum of money ; but that was not the compen-
sation in damages which they would give for this
very serious, very dangerous assault upon the plain-
tiff, and this insult to his wife. If he had not acted
as he had done to the Yarmouth Gentleman, he would
not have been entitled to damages. If a man ought
to give a blow on any occasion, it was when he saw
his wife insulted. He did, therefore, expect very
large damages.
Mary Ann Abbey, plaintiff's daughter, said her fa-
ther was a waterman belonging to the packet between,
York and Leeds. Mr. Wilks, the defendant, was a
Gentleman, and her father's landlord, at Woodles-
ford, near Leeds. Mr. Hemsworth, the other defen
dant, had a large farm at that place. On Whit-Mon-
day, the 22d of May, which was a holiday, her fa-
ther was at the White Hart public-house, kept by
John Collins. She went for him between eleven and
twelve at night. He did not come home. She went
again with her mother for him about one. • Her bro-
ther Thomas followed them. When they were re-
turning from the White. Hart she saw Mr. Wilks and
a stranger from Yarmouth. The stranger, who was
not known to her father, trod on her mother's foot
as they were coming out. Her mother fetched him a
smack with her open hand. The stranger then at-
tempted to put his hand round her neck. He pushed
I her. Her father then struck at the stranger, and

•
Ipilcked him down: Before the stranger had.got well
up, Mr. Wilks struck at her father, several times,l
hard blows. Her father did not strike him again.; .
he had no chance. Mr. Wilks and Richard Rhodes
took hold Of her father's arm, and took him a few
yards from the door. Mr. Mks then let him go, and
Richard Rhodes mok him home. When her father,.
her mother, her brother, and she, had gone in, Mr.
Wilks followed them in, and her mother locked the
door. Mr. Wilks came in quietly. She did not know
hwheth.
er her mother had intended to lock him
They sat down and began to talk, seemingly as if
they would be quiet. . Mr. Wilks asked' her lather
why he had insulted that person, the stranger who
was with him, from Yarmouth ? Her father said, he
had no business to meddle with his wife, but to let her
come about her business, and he was a rascal for
doing so. Mr. Wilks said, if he called him a rascal
again, he would certainly beat his head off. Her fa-
ther said, he • was nothing else but a rascal. Mr.
Wilks pulled his gloves off, and struck her father se-
veral times, till he bled at the nose and mouth. Her
mother and she screamed out. Her brother opened
the door, to let somebody in to assist. Mr. Hems-
worth rushed in, and said—" D—n him, let us kill
him, let us slice him, the little jealous b—," and then
took him by the hair of the head, and dragged him
about a yard. Mr. Wilks was stir, agait of him. Mr.
Hemsworth then took hold of the top of the door with
both his hands, and stamped on her father's head.—
Her father lay on the floor bleeding. Mr. Wilks was
punching him, but said Mr. Hemsworth was too
hard—he would kill him. Mr. Wilks stood across
her father while he punched and struck him. Richard
Rhodes pulled Mr. Hemsworth off. Both Hems-
worth and Wilks went out. •Her . mother and she
were crying, and supposed her father dead. Her fa-
ther lay in his blood; het mother was washing the
blood off. Mr. Wilks came back, lifted up her fa-
ther's arm, and said—" Oh no, not dead yet." When
going out, he said, it was very much like an Irish
wedding. Her father was very bad nexf day ;he
was not able to work for a fortnight ; he did not make
a voyage since. He went next day to Leeds Dock.
Cross-examined by Mr. Mont.—There was a dance at the
White Hart. A Benefit Society had dined there. Her father
went between eight and nine, but she was not right sure. He
tripped the stranger's heels up, and knocked him down. Her
father never did strike Mr. Wilks; he had no chance. " Who
told your No one: I seed it—had eyes to ace with."—
" Aye, aye—and very pretty eyes too : but did not you bear
your father A, 13-F-n you, I have not yet done with you?'—
" I did not." • _ _ _

Thomas Abbey, a lively quick boy, 13 years of age, told the
same history with a rapidity which Mr. SCARLET? could scarcely
restrain sufficiently to make him intelligible. Mr. Wilks was
punching and braying his father as bard as.possible. Mr. Hems-
worth looped right on to his car. Mr. Wilks said, " D—n you,
Hemsworth, that is too bad ; yod will kill him." He lay on tht
floor, bleeding at his head, mouth, and nose. He could not bide
to lift his arm.

Mr. WILLIIIM—To whom did you tell this story before ?
Witness.—Story ! I never told a story yet. He came here
on :Wednesday. He saw Mr. Lee now. -
Mr. s.—Repeat again part of what you have said;
begin at the beginning.
The witness began, and rapidly repeated the whole of his evi.
deuce without the change of a syllable, till be concluded with—
" and that's all."

Richard Rhodes did not see the beginning, but observed the
defendants beat the at his own house, and saw the plain-
tiff lying in his blood.
James Skelton and John Donkin saw the plaintiff lying stiff,
and heard his family crying.
Mr. RAINS addressed the Jury for the defendants.
It must have occurred to them that vast. colouring
had been given to the transaction. He was not sur-
, prised, for his Learned Friend used colours as much
as any man alive, and he had on this occasion been
assisted by the greatest painter ever known since
painting was done by Attorates. Mr. Lee, the Attor-
ney, varnished—laid it on with a trowel! Tommy
Lee had divers advantages over other Attornies.—
They had heard the stories of the children, so well
got by heart. The bay had been well taught and'
tutored by Tommy I The Learned Gentleman
then commented oa thettrkieuee, and said.he should
call witnesses—nom got ibis verdict, for-he could
not struggle areisitthat, but—to.shew that damagesl
were not due. The first shoild be the stranger.
Samuel Theta bad hissesidence in Low, Li . Several
women ware In the passage; he stumbled teat one. He pot
Ida arm out, and said,' Take care, my dear." " Never Inind,"
she said. " you have not hurt me." At the door one came and
hit him behind the head with great violence, and tripped up his
heels. His nose bled violently. Mr. Wilke observed, when he
left him to go tn al plaintiff's house, that he was afraid Abbey
would do seine mischief to bis wife—the hot-headed, mad
little fellow.

Mr. Scalar:T.—a Was she not lying?"—" She was not; it
was not a likely place." " What made you stumble?"—" It is
very easy to make a mistake, I conceive, in a dark place : I put
my arm about her waist." " Did she not give you a slap on
the face? It was a woman, remember ; su there can be no dis-
grace in the confession She did not ; she was very civil. I
had been dancing."
Shepherd Dobson swore that Abbey had said of Wilk!, at the
White Hart, " D—n his eyes, I am not done with him ;" and
that he called his wife ill language, as " D—n her for a b—,
for she let them take liberties with her." • Witness heard Mr.
Wilks say he would go to pacify the little d—l, if he could.
Cross-examined.—He heard the bolt go when Mr: Wilks
went in. He heard a large noise, a screaming out, and" 0 Mr.
Q Mr. Wilks !" They were female, voices.
Mr. Scasizrr.—" What did, Mr. Wilks go in -for?"—" I
don't know." Do you supposi it was to pacify them ?"—" I
don't kdow." " Come, Sir, don't parry so—you don't know :
do you think that any one believes you?"
Mr. Rena—" Yes • Ida"
IL Mr. SCALY •-ii DidlT, you see any blood ; I saw
Mr. Wilks's clothes all torn off his back." " Poor Mr. Wilks !
Did you see him bleed?"—" NO."
Hannah Collins, daughter to John Collins, the innkeeper, saw
Abbey drinking in their house the next day, with three or four
more; he seemed as usuaL
Cross-examined by Mr. Scaaterr.—Mr. Wilk. has a good
property. I had not the honour of dancing with him. I danced
with Mr. Inett. He introduced himself. I do not pay visits
with Mr. Wilks. - It may have happened that I was sometimes
in a post-chaise with him on a wet afternoon.
Mr. Sewazatrr.—" I don't say it was any harm; you cannot
suppose I mean it."
Witness.—l have been to Northallerton with him in the
coach. I stayed half an hour, and left him there. I made nO
other journey with him. I don't go to see him at his house.—
He does come to see me, as many more gentlemen do. 'Ws
keep an inn. I came home of a wet night from Leeds with him
in a post-chaise.' I sometimes walked with him from Leeds;
not late—not at ten at night. I saw Abbey lying on the floor.
I thought he was asleep. I followed after them like another
busy body. I did not think Mr. Wilk: was going with Mrs.
Abbey. I saw Mr. Wilk'. His clothes were torn off his
back; his trowsers were torn off his back. (Mr. Scset.svr.—
Gon bless me! Poor Mr. Wllks ! hope you have mended
them ?)—No. Abbey's wife never criecLat all. I never heard
Mr. Wilks say anything about this. I never spoke 9f it while
(till) I saw Mr. Wilk. and Mr. Upton (the attorney) at our
house. Mr. Wilke is a baebelor.
Mr. ScAsturrT again addressed the Jury. He did
not agree that the case was over-highly coloured.—
Even the witnesses on the other side admitted that
the plaintiff lay weltering in his blood, and that there
were cries of aliun and anguit.h. The .hNtult was

unprovoked, brutal, and violent. No langnage could
colour it more than the bare relation. Any camper.
cation the defendants might be happy to pay rather
than that they should be tried in the other Court.....
Had the plaintiff died, they would not have heert
bailed, and they would have had to answer to their
consciences as.well as to their country for the life of
a fellow-creature. •
Mr. Justice BAYLEY, in course of summing up.,
said that Mr. Wilks might have lost the even toss
his temper when he tr_7.-, is friend sirup? "by one
a lower situation in life. Mei:ller the pl ain,i
when he lay curdle floor, was-shamming or not, they
could not tell. If he hati been very, very materialfy
injured, he could not have been at the public-hou.:,e
next day. Drinling in the public-house might
thrown the plaintiff's temper oil its guard. It rni&it
have done so, too, to the defendants. They would
making the case their own, give fair and temperate
damages.—Damages £3O.
JULY c.::S.—OWEN V. .HINDLE.
This action was brought by the plaintiff for work
done in the year 1813. The defendant had about
the same time attended the plaintiff and his son in a
medical character. When the plaintiff asked pr..
ment, he was answered, that there was a demand
against him for attendance and pills. At length t!.e
doctor brought two actions, one against the father,
the other against the son. This stimulated the plain-
tiff to bring the present action for £l7 4s. The doc-
tor's charges were E. 12 Os. 6d.
By cross-examination it appeared that the work
done was for the purpose of building a house, in
part of which preaching was occasionally performed.
Mr. WILLIAbIS said e would not now enter upon
' that subject.
Mr. SCARLETT (for the defendant).—Does tl.e
doctor preach ?
Mr. Justice BAYL.EY.—Mr. Scarlett, he practise.
The Jury deduCted £l2 Os. 6d. due-to the defend-
ant, and found £5 3s. 6d. still due to the plaintiff.