The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-02-19 00:00:00

THE LIVERPOOL STANDARD.

LONDON LAW AND POLICE COURTS.

COURT OF CHANCERY.—.MoNDAY.

ATTORNEY-GENERAL. V. SHORE.—When Lord Lyndhurst I
pronounced judgment, b, consent of the parties in this case,
the week before last at Gray's Inn Hall, affirming the judg-
ment of the vice-chancellor, his lordship declined to make any
order, as to the costs, but said the Court of Chancery might be
applied to.
The Solicitor-General and Mr. Booth now applied for the
costs of at least one of the bearings in this court, to be paid to
the first set of trustees, whom they represented, out of the trust
fund. The appeal from the Vice-Chancellor was first before
Lot(' Brougham, Chancellor, but the arguments were not con-
cluded when his lordship resigned the great seal. The trustees
did, however, then offer Lord Brougham's judgment after leav-
ing office, but the relators (the plaintiffs) refused. The appeal
was reheard before Lord Lyndhurst, chancellor, but the argu-
ments were not concluded when be left office; they were left in
precisely the same state in which they had been before Lord
Brougham. Both parties, however, agreed to take Lord Lynd-
hurst's judgment out of office. Under these circumstances,
and referring to what dropped from the Vice-Chancellor and
from Lord Brougham on costs during the respective hearings
before them, the learned counsel submitted that the trustees
ought to have costs out of the fund.
Mr. Duckworth joined in the application for the second set
of trustees, whom he represented.
Mr. Knight, the leading counsel for the relators in the argu-
ment before Lord Lyndhurst was ready to oppose the applica-
tion.
The Lord Chancellor was of opinion that he had no jurisdic-
tion over this matter. The decree pronounced was not a decree
of the court, so as to give him judicial cognisance of it. Very
likely Lord Lyndhurst would, if applied to by the parties con-
senting on this point also, do what the circumstances required;
or there may be a future stage of the cause, when it should come
before the court in the master's report, when the costs might be
disposed of.
Mr. Knight applied for the costs of the present application,
which, as well as we could recollect, were granted.

INSOLVENT DEBTORS' COURT.--FRIDAY.
IMPRISONMENT FOR DEBT.—DISTRESSING SCENE.—Jesse
Upton, a leather seller, late of Tooting, was brought up this
morning in a hackney coach, from Horsemonger-lane gaol, to
be heard on his petition.
Mr. Keene, the keeper of the prison, stated to the court that
the insolvent was in the last stage of consumption ; he had been
in the infirmary since the commitment. His friends were ad-
vised by the surgeon of the prison not to bring him up to the
court, as it might prove fatal. The insolvent, however, persist-
ed in being brought up to be discharged, as he was anxious to
get to his home.
The learned Chief Commissioner inquired whether the poor
man could be brought into court?
Mr. Keene was fearful it would prove fatal—the unfortunate
man was on the verge of the grave?
Mr. Commissioner Harris said the court must witness the ex-
ecution of the schedule, and he proposed that one of the com-
missioners should attend the poor man at the coach door.
The learned Chief Commissioner and his colleagues, commis-
sioners Harris and Bowen, each kindly expressed ►heir readi-
ness to witness the documents, in order that ►he insolvent might
be discharged.
The learned Chief Commissioner, accompanied by an officer,
proeeeded to the coach door, witnessed the execution of the
schedule, and ordered the discharge of the unfortunate man to
issue instanter. He presented a wretched appearance and
could scracely articulate the required oath.

COMMISSION OF LUNACY AGAINST LADY
KIRKWALL.

A commission of lunatico inquirendo has been sitting for seven
days, by adjournment, on this distressing and painful case of
mental aberration. The delusions under which Lady Kirk-
wall labours are, that her late husband, Lord Kirkwall, and
his mother, the Countess of Orkney, a peeress in her own right,
are not dead, and that her sons, the Earl of Orkney, and Capt.
Fitzmaurice are not her children, although the contrary has
been proved by the most indisputable evidence. Her ladyship.
it has been also proved in evidence, has frequently pointed out
casual vassengers in the street in which she resided as being
Lord Kirkwall, and endeavoured to persuade her attendants
that Mr. Edwards, an attorney, was her son. She entertained
a great dread of a conspiracy to take away her life by poison,
and her fondness for cats arose to such a mania, that she was
seldom without twenty-five of these animals in her bed-room.
She persisted, contrary to the advice of her counsel, in attend-
ing every day before the commissioners to hear the examina-
tion of the witnesses. Dr. Monro, of Bethlehem Hospital, and
all the medical witnesses examined, gave it as their opinion,
that she is of unsound mind. This is a brief sketch of the vo-
luminous evidence published in the London daily papers. Lady
Kirkwall is a prisoner for debt, confined within the rules of the
King's Bench. This step, the arrest, as she is not privileged,
being only a viscountess by courtesy, appears to have been
taken with the friendly view of securing her person until she
could by a lunacy commission be placed under the charge of
her friends. The evidence to prove her insanity having been
camehiftjett.the previous day, on Tuesday Lady Kirkwall was
the proceedings artiters.defence. The following extract from
evaded the questions of the
w the manner in whioh she
serve that some letters written by LadiltirxWe,, forgt.oht?,ito:bill-.
of her eldest son were read in court, and admirer "as
and beautiful specimens of English composition.
Mr. Commissioner Phillimore wished to know if Lady Kirk-
wall intended to make any statement herself or through her
counsel.

Lady Kirkwall here consulted with her counsel for a few
moments, and then instructed Mr. Sergeant Talfourd to state
her sentiments to the court, a request which the learned Serge-
ant immediately complied with, Lady Kirkwall communicating
each sentence as it was delivered to the-jury.
Lady Kirkwall said I have deeply considered All night the
intimation that was given me, and I find that I cannot alter
the determination to which J came, upon the broad principle
that what has been done has been done with a hasty conclusion.
I have heard the evidence that has been given against me, and
that evidence is to condemn me to incarceration for the rest of
my life. I am completely ready to submit to it: but I hope
future justice will be done to my truth and honour when I am
no more. I think all that has been done, with all humility, has
been done in haste, and without due consideration. The. Lord
Chancellor, with that mass of infamous evidence before him, no
doubt came to a proper determination upon the evidence, and I
agree with him, if he judged on the evidence; but if the jury
finds me guilty upon such evidence, the sooner a British matron
conducting herself that way is shut up the better. They have
endeavoured to make me infamous and dishonourable with the
most honourable of men, Augustus Frederick Edwards—that I
speak in his presence, and he hears what I say. Mention may
not be made of the visit made under the commissioners' order;
if it should be done, perhaps the letter of Dr. Herbert would
throw some elucidation on the case. That letter forms part of
the case, and in respect to the learned doctor, ought not to be
omitted. If the jury find me guilty on this infamous represen-
tation, I perfectly agree with them that I ought to be shut up.
Mr. Sergeant Talfourd said he had told her ladyship that the
letter could not be referred to. _ _

-v'
The- here consulted together, and after the
lapse of a few moments,
Mr. Commissioner Phillimore, addressing Lady Kirkwall,
said the course of proceeding on this distressing occasion is for
the party to submit to be examined by the commissioners and
thejury, upon the points given in evidence. Your ladyship has
stated your objection to it ; would you have the kindness to tell
us what are the reasons for which your ladyship declines to
do so ?

Lady Kirkwall—l have already, through the learned Ser-
geant, stated that it is the entire irregularity of the proceeding.
I make this statement with the deepest respect to the Jnry, and
I thank them for their amazing consideration and patience,
which has been exemplary and unexampled, and indeed of the
counsel on the other side also.

Mr. Commissioner Phillimore—Will you allow me to ask
your ladyship whether you think Lord Kirkwall is dead?
Lady Kirkwall—l am come here, Sir, by compulsion to bend
to the law and not to break it.- You stated, Sir, yesterday that
I need not come here.

Mr. Commissioner Phillimore—l understand it was your
ladyship's wish to come here ; your attendance, therefore, is
your own act and deed. Your ladyship is aware it was the act
and deed of your own solicitor to bring you up here, because
it was represented it was your ladyship's wish to be present.
We might have accommodated your ladyship by attending upon
your ladyship in the King's Bench.
Lady Kirkwall—l should have been ten times less miserable
and considerably less disgraced if I had been all the while
within the walls of the King's Bench prison.
Mr. Thesiger—We were not parties to the wish that her
ladyship should attend in court.
Mr. Sergeant Talfourd—l thought it was your ladyship's wish
to be here.
Lady Kirkwall—No doubt I intended to be present during
the proceeding, but I cannot recognise the power of the com-
missioners.
Mr. Commissioner Phillimore—One of the Jury thinks your
ladyship was about to inform them that Lord Orkney and Capt.
Fitzmaurice are your sons.
Lady Kirkwall—l must decline, with all respect, answering
that or any other question.
Mr. Commissioner Murray—l wish to ask your ladyship if
Lord Kirkwall is still living?
L.-1y Kirkwall-TI must decline answering that question also,
because I throw myself on my peets.
Mr. Ellison then proceeded to sum up the evidence. The
learned gedtleman's address occupied two hours and a half in
the delivery.

BISHOPRICS OP BRISTOL AND LLANDAFF.— On dit. that the
ministers have abandoned certain parts of their plan of last year,
for a new arrangement of the episcopal sees, and that it is their
present intention to suppress the bishoprics_ of Bristol and Llan-
daff, by turning over the deanery of Bristol to the diocese of
Bath and Wells, and the see of Llandaff to Gloucester. Who
will say what thimble the pea will be under at the next shift?—
Bristol Journal.

FRANKFORT, FEB. 9. Yesterday the sentences on several
state prisoners in this city were announced to the persons on-
eerned in the plot of the 2d May, 1834, when an attempt was
made to deliver the prisoners and the party implicated as mem-
bers of political associations. The sentences are as follows :
Dr. Bunsen, an eminent physician, brother to Dr. Benson,
formerly physician in the staff of the Polish service, and now
in America, to four years, M. Frenk, a good historian, to five
years, and M. Oehler, bookseller, to six months' confinement
in a house of correction. Several others less noted, mostly
young men, to confinement in a house of correction for two or
three years. and only one was acquitted. The time which they
have passed in confine Tent, in many cases several years, is not
taken into the account in their favour, and the penalty of hard
labour in the house of correction brings with it the forfeiture of
all civil rights. Some of the condemned may appeal. The pub-
lication of the sentence has caused a peat sensation here.

FLORA MACDONALD AND THE PRINCE.—OUT late King,
when Regent, beard, from a Scotch peer, that the guardian an-
gel of Charles Edward still lived, old and poor, in the wilds of
her own Caledonia. The nobleman was about to visit his moun-
tain estates, and his Royal Highness charged him with a liberal
sum for Mistress Flora, to he continued to her yearly from the
Prince's purse. He especially bade her countryman see the
Jacobite spinster, and bring him back word exactly how she re-
ceived the donation. On Lord 's return to -town he paid
his duty to the Regent, who asked—" Well, had you an inter-
view with Flora Macdonald ?" "I had, your Royal Highness,
and delivered your gracious communication, for which she is
very grateful." "To be sure, to be sure; but what did she say,
my-Lord?" " That
you had enabled her to end her days can-
nily, and—and—yourßoyal Highness, other expressions of re-
spect." " But waist her own words, my Lord." The noble-
man smiled in some confusion, answering; " Your Royal High-
nesses command I must obey; yet be pleased to allow for the
prejudices of early education in an ignorant old body, who—
who"--" Was certainly right, nay meritorious, as a woman,
and believed herself so as a politician ; what did she say ?"
" Why, then, your Royal Highness, she said just--" He's a
Rude mon, and -a kind, tell him, but he's no the true prince.
for a' that.'" The Regent heartily enjoyed this instance of
loyal constancy, for,wkich poor Flora fared rather better than
worse.

Emprriat

HOUSE OF LOIWS, MONDAY.
Lords WYNFoau and WHA RNCLIFFF. presented petitions to
the house complaining of agricultural distress. The former
nobleman postponed his motion for a committee to a future day.
IiOROCGIi 151 AG ISTRATES.
Lord WHARNCLIFFE deferred his motion respecting the ap-
pointment of borough magistrates, which stood for to-morrow
(this day) until Monday next. The noble lord said when he
fixed Tuesday for the motion, he was not aware that his noble
and learned friend had already named the same day for his mo-
tion on the subject of agricultural distress.
The order was then discharged and Monday fixed. Lords
ordered to be summoned.—Adjourned.

HOUSE OF COMMONS, MONDAY.
Several reports on petitions for private bills were presented
to the house. Other petitions in favour of Mr. Buckingham's
claims, and complaining of agricultural distress, were also laid
on the table.

HIGH SHERIFFS IN IRELAND.
Colonel PERCEVAL said he wished to know from the noble
lord, the chief secretary for Ireland, whether Mr. Lee, of Rose-
garden, who had been appointed high sheriff for the county of
Waterford, had been set aside by the Irish government contrary
to the recommendation of the judges, and another gentleman
appointed in his place.
Lord MORPETH said it was true that Mr. Lee was set aside,
and that another gentleman was appointed to the office.
Colonel PERCEVAL then gave notice that on Thursday next
he would move for returns of all persons who had been recom-
mended by the judges to fill the office of sheriff in Ireland, and
who were set aside by the government. He should be glad to
connect with the motion a return of all persons who were ac-
tually appointed to the office and afterwards set aside.
Mr. O'CONNELL gave notice that he would move to have that
inquiry extended for the last five years.
Mr. TooKE moved for the appointment of a' committee to
which all divorce bills should be referred.
Dr. LUSHtNGTON admitted that this would be an improve-
ment, but thought that the law should undergo revision.
Lord JOHN RUSSELL was in favour of a new tribunal, and
hoped soon to be able to bring in a bill to amend the law.
Upon this understanding Mr. Tooke withdrew his motion.
Mr. ROEBUCK moved for a copy of the instructions to Lord
Gosford and the commissioners appointed to inquire into the
grievances of Lower Canada.
Sir G. GREY was of opinion that the production of the papers
required would operate inju►iously to the public service.
Mr. ROEBLCK, upon this statement, declined to press his
motion.
Mr. ROEBUCK then brought forward his motion for the ap-
pointment of a committee to inquire into the administration of
justice in the Mauritius. The hon. member entered at length
into the details of the case, in the course of which be charged
almost all the public functionaries of the island with holding
slave property, contrary to law. He also took a review of the
proceedings adopted against Mr. Jeremy, which, he contended,
ought to be made the subject of parliamentary inquiry.
Sir G. GREY defended the course which the government had
pursued, and read a variety of documents in support of his
opinion. He deprecated any further proceeding at this mo-
ment, as calculated to revive the irritation which had now sub-
sided.
After an extended discussion, in which Dr. Lushington, Mr.
F. Buxton, &c., took part, the house divided.
The numbers were, for the motion, 69; against it, 227—105 t
by a majority of 158.
On the motion of Mr. P. THOHSON, a select committee on
the port of London was appointed.
Mr. SCRbPE obtained leave to bring in a bill for the relief
and employment of the destitute poor of Ireland.
Lord MORPETH observed that the subject was under the
consideration of the government, and that he hoped to be able
to bring forward some practical measure in the course of the
session. .

Mr. BLACK BURNS deferred his motion regarding the munici-
pal election at Poole till Wednesday.
Mr. HUME moved for a continuation of accounts of surcharges
connected with the assessed taxes, and said that some measure
ought to be proposed to remedy the evils and annoyances of sur-
charges.
The CHANCELLOR of the EXCHEQUER replied, that having
the consolidation of the stamp laws on his hands, he could not
undertake what was very desirable, the consolidation of the
acts touching the assessed taxes; but he did hope to propose an
alteration 'of the office superintending the surcharges, so as to
make that department, by the payment of regular salaries, less
interested in the promotion of surcharges.

Returns ordered.
Mr. C. BULLER presented a petition from Mr. Vigors, pray-
ing for an inquiry into the elections for the county of Carlow in
1832, 33, and 31, ►f there were to be full and complete inquiry
on the subject. He gave notice that he should this day move
that the said petition be taken into consideration.
Ordered to be printed, and to be circulated with the votes of
the day.