The Statesman.
London, England, 1821-10-23 00:00:00

THE STATCSMA Xi •

LAW IXTELLIGENCR.
COM& OF KING'S BENCH.--Illossei

Oar. W.

The Court sat this day In Banco at the Sessions
PEARSON V. OURS?.
This was a question reseeding the right to demand
toll upon a new road made from Nantwich to the
County Palatine of Chester, Before an Act in time
59th of Oeo. l l 1., upon which the question in this caws
arose, there existed a turnpike.road leading from Pros-
ston to Wilders Pool, in the county of Cheshire, which
was free from toll; and it was contended, that the
Trustee? ander the 59th of the late King had endea-
•vonred, without authority, to deprive persons going
to the Duke of Bridgwater's canals of the exemption
which they enjoyed upon the old road.
The Court decided, after the question had been
argued by MT. PARKE and Mr. Jonas, that the right
of persons going to the Duke of Bridgwater's canals
by the old road was untouched; at the same time, the
trustees had power to take toll from those who went
over the new road.
MERRAY 11. TUE EAST INDIA COMPANY.
The Plaintiff in this case was representative of the
administrator of a Gentleman named Hope, and the as
was brought against the East India Company
upon aesumpeit, to recover the amount of four bills of
exchange accepted by the defendants. The Jury foiled
a verdict for 35,9351. An arrest of judgment having
been moved upon several objections in favour of the
East India Company, it was made a special case, anti
came this day before the Court for judgment.
The facts appeared to be these :—Mr. Hope, a mer-
chant, who had been resident in India,desirons of return-
ing to England, vested hisproperty in East India Bills.
which he transmitted to an agent named Carr, i n
with a Power of Attorney to all that was necessary for
receiving money on his account. 'I be Bills were sent
in h letter by one ship, and Mr. Hope embarked in
another ; namely, the Jane Duchess of Gordon, which
was lost in a gale of a ind off the Isle of France, and
Mr. Hope, with his family perished. The Bilis were re-
received by Carr, who, acting under his power of Attor-
ney, indorsed them to Carr and Davis. 1 t did not appear
that the proceeds ever found their way into the hands of
Mr. Hope's representatives. The administrator, _ ames
Murray, died, and the second Administrator, John
Murray, brought the present action against the Com-
pany, on the ground that they ought to have paid the
bills to tl:e personal representatives of the deceased,
and nut to Carr, who was nut authorised to indorse the
Bills.—Several questions were reserved in the special
case for the consideration :•f the Court :
First, Whether an action of assumpsit wou'd lye
against the Defendants, who are a Corporation ?
Secondly, Whether Carr was authorised to indorse
the bills ?
Thirdly, Whether the Statute of Limitations applied
to the Bills ?
And finally, Whether it u•a; not necessary to in-
crease the verdict by adding interest ?
If the Court were of opinion the action could not
be sustained, judgment would go for the Defendants.
If the Court found that Carr, nutlet the power of at-
torney, was not authorised to indorse the bills, a new
trial would be granted.
If the Court considered the bills within the statute
of limitations, the verdict would be setosidc ?
Mr. CAMPBELL this day *primed for "the Plaielift,
and argued all the points in succession, contending for
the right of the administrator to discover.
Mr. Jessue on the other side, argued for the East
India Company, which, from the peculiar circum-
stances of the case, were justified in taking adval'age
()revery legal objection.
After Mr. CAMPBELL had been heard in reply—
The LORD CHIEF JCATICe intimitted, that the Court
would consider the points, and they ordered an affi-
davit to be made with respect to the time when the
demand for payment of the bills was first made by the
administrator.

-
they had undeqtase considerable alterations, yet their
Wend/ was not destroyed, and she felt no hesitation
in swearing to them.
Mc. Moore accompanied the witness to the defend-
ent's shop, and without saying any thing respecting
the immediate object of their visit, be left his watch
to be repaired, and immediately obtained a search
warrant, which was executed by Plank, the officer, '
Wag accompanied by the witness. On ente ing the
defendant's shop, the officer inquired whether he had
bought articles similar to those the witness had seen,
since the 12th of February? but the defendant refused
to answer any question. Plank said, there were some of
the articles in the window, and rrqnested them to be
handed to the witness, which was done. The several
articles were here produced in Court, anti identified by
the witness, who stated, that 500 rings were handed to
him in the defendant's shop, but he felt no difficulty
in distinguishing his own from all the rest.
Plank proved his having executed the search war-
rant at the defendant's house ; that the defendant
refused to tell from whom he had purchased the
articles, saying he had,taken legal advice, kind that it
was almost impossible for him to know, as be kept no
books.

Mr. Illhuore identified the stone of one of the rings
which he had given to his wife, after it had been a
long time in his possession. The cue for the prose-
cution closed her..

Mr. Ataxy addressed the Jury fair the defendant;
he said, the only question was, did the defendant, at
the time he purchased the articles in question, know
they bad been stolen? There was no evidence to shew
that he did, but every circumstance went to prove that
be did not; they were all publicly exposed for sale in
his window, and if he had been conscious they had
been dishonestly come by, he might elsily have dis-
posed of them in a different manner.
Mr. ALLEY railed twelve respectable witnesses, who
all gave the defendant a most excellent character.
The CliAlkaLt !V, in charging the Jury, said, that the
defendant's conduct in refusing to tell how he became
possessed of the articles in question, made it a ease of
strong suspicion.
The Jury, after deliberating a consilerahle
pronounced a verdict of Ouiliy.
The CHAI3MAN addressed the det-ttilant, and said,
the crime of whirls he had been (mind guilty was one
so injurious to the public in its consequences, and 5,,
difficult of detection, that a conviction must be fol-
lowed by a heavy punishment ; the excellent character
• that bad been given him, had been allow td its due
weight, and the judgment of the Court was, that he
should be imprisoned 1$ months. On the sentence
being pronounced, the prisoner addressed the Conti,
anti earnestly entreated that lie might be allowed to
produce witnesses, who Fad seen the !cones in his pos-
session before he had manufactured them into the
articles produced on his trial. lie declared there were
six persons in Court who could prove that fact, and
why they had not b.•en called he could not tell.
Mr. .1 Lt.ey and Mr. Anot.enus declared there were
no witnesses named in their briefs.

The defendant persevered in declaring that he had
given the names of his witnesses to his solicitor.
The Coctrr said he was too late in his application,
these could be no doubt but he had been well de-
tended.

Atr elperimast for saving lives front sl.ipwreck on
Mr. Trengronse's principle, which promises to be al
great utility, has been tried with succesnin Yarmouth
roads by Rear-Admiral Spranger. It consisted in
dinging, by a rocket, aline from the ship to the shore,
and when the communication is once established, bind-
ing to that a deep sea-line, or an of the running rig-
ging, aud when those reach the shore, a larger rope,
sufficiently strong to bear four men in a chair, which
is pulled on shore by means of a small :rope, and re-
turned empty to the ship for a fresh cargo. Th e chair
was on shore in five minutes, after the firing of the
rocket.

The station of the Greyhound, revenue cutter, is
transferred from Weymouth; and the Lion, revenue'
cutter from Jersey to this tow,. The former has this
week seized, off Weymouth, a smuggling vessel. with
her cargo and crew, and the latter a boat with 56 tuba
of spirits, which was cut away from a large vetoel
which escaped from the Lion.—(Plymoeth Pririut.)
On Thursday arrived at the Motherbenk, the A uteri-
can brig, Dryade, George Wilson master, from Peters-
burgh in Virginia (United States.) It appearing on
examination by the superintendent of Quarantine, that
one man had died during the voyage, and that two
others of the crew were thrti ills on board with fever,
the medical gentleman who is alwayscalled on in cases
of this kind, visited alongside, and, as a precautieo
for the safety of the public health, the vessel was
placed under quarantine. One of the sick men died ou
Friday ; the other is fast recovering.
The death of Mrs. Sarah Bond, who died Intestate,
sad immensely rich, haring excited much inquiry as
to her relatives, we are induced to insert the folloeing'
death from our obituary of the 20th Apt% 1773 :
" Died, Mrs. Mary Dom!, a maiden Lady, at Upton,
near Windsor, supposed fro have died worth upwards
of 50,0001. u greater part of which she left to her
sister, an elderly womin, wlta keeps a shop in South-
wark."—(Leeds Mereitry.)
It is reported %but a Jury will speedily be-tailed
upon to decide t)ta legality of claims, embracing, it
is said, nearly two-thirds of the valuable property
long enjoyed br. the Corporation of a Borough Town
:in the West, not 100 miles from this city. The claitit-:
lent is a very poor men, and Very sanguine of success.
Want of the " ways and means" is the reason as-
signed for delay, and these it should seem are now
Amply provided by a gentleman-
-(Exeter Gaz•ette.)
When there- were Three..
former Lottery, Blew sold_ _

Three of that

ere the olds,
troth Three'

against suc►
odds, hare
far selling '
more than

will dttegelise.

and the very I
one of rinse f'

a rdauss tpsl

having cow

MA*IIION•NOCit.--Mse Ldrcl .P 4 arm r mentioned Tn,
terdar, that in consequence of the pubileatimas oy she
affecting case of the robbery of an orphati.. poor mid
industrious girl, of tbirty•six sovereigns, time ibtog,
from ten years bard !about ; he had been applied 1;;
by several benevolent persons who thought that Ai
injury might he repaired witliont much diffieulty, hi
a subscription of the amount of the loss. His LaMar*
said be heartily concurred in the proposal made hi
these persons, as the unfortunate girl had no frieak.
was now utterly destitute, and be was informed
.rhai
the loss had a most alarming effect on her mind. Sh
was subject to fits, and which dreadful visitation pt
vented her from obtaining employment, and rendeteg
hem altogether one of the greatest objects of Chariti
that he had beheld in the course of his experleart.
His Lordship intimated that he Should subscribe his
two guineas, and that he had already received 21. L'K
from a benevolent individual at Ilomerton, who hit
been struck with the case that haul appeared in dui
public papers, as one which had peculiar claims apomi
the charitable. His Lordship expressed his willing
ness to receive any donations that the applicants
might forward to him, and to see to their applicatiss
to the relief of time unhappy object.
Bow-silt Ct: T.—Ye st erda y a person who has hitherto
borne a respectable character in society, was brought
np in the custody of Salmon, inc of the principal of.
fivers, and tinderwtot a private examination on a charge
of having defrauded the Statup-otfice under circum.
stances of rather a curious nature. It is a custom at
the Stamp office to make a certain allowance to the
holders of damaged or useless stamps, epos their being
returned to time olEce. Some time agnate tleleudank,
who, in his prof. asion, h. s occasion for a great num,
her of stamps, ret.trned one such as is used for the pm
bate of a wiil, and the price of which originally is
301. The clerks upon examining this stamp disco.
vereil some marks of ink upon it, and it struck them
that it had been used and the waiting afterwards obli•
termed in tinier that it :night be returned, and the ill•
lowaner n•om.y obtained. Tio St.tettp was shewn to
the totamit,,i.mrr,, and arm being- further examined,
lit wes asem.m.t.mined beyond in doubt that it had hers
arts :, and, %Olen it became usL!ess, the writing dal
1.,•11.ii 4.xi .'neteli f.. 11.11 it by a eltvutieal process. The
ii,,,,a..lant a as il cmoequener ail:wi-hended.

- - -
POLICE.

• •-..01.;.-

, •

. .
r..I.LkEWs atremitif on behalf of prlinner,
; as contended lbat tin. stamp LA never bee%
us. i, and that theref re no fraud had herneatuusittrd.
.:n examination of nearly hen hours ,Inratios,
,!.-fendint was nravreJ to find h ill, himself in 2001.
:.t o eties in lOW. each for his appearauceos s

futu:i. i!Ay.

A yeeng lady wan told by a-married Indy that ilia
had better precipitate herself from off the Passaic falls
into the basin beneath. than wqrrv. The young' lady
replied, “ I would if I thought I should find a her
Gaud at the bottom."

1 bird, of very nitcomaiWil appearance in this Belch.
bourhood,called in Noritemberland the goltletrkeuled
wren, was seen lately near Loogtown. ft is. Amin the
size of the humming bird, has a beautiful totter bright
red on its brad, and the feathers of itswings ass tan.
negated colours.
The Herring Fisliery at St. Ives Isegths to he pm
ductive ; and it ig iy4ped. Wit is temsttelegni
make amends for the %ETV unpropitious pilchard see.
son, which has just passed.
POST OFFICE REVEIECE.--.11 is expected that there
will he a great increase in the Post Office Revenue
this Quarter, from the influx of Country Letters with
Orders far Tickets and Shares for Newt. Toespar's
Drawing, when the First Prize will have Thirty
Thousand Pounds Money..
A CASE (MASAI. Dorrneas.—A melancholy wiriest
happened at Denby Grange, on Friday afternoon, the
12th just. Timothy Cutlwodh, of l'ow Lerch, a penes
ranch respected in the line of his profession, went now
companied by tint farmer, or any (0.1116 farming Ida
rants, into a paddock, at Denby-Orange, to look ate
favourite bull : the animal had betore that period shows
symptoms of dislike to the unfortunate man, whom hi
then attacked with the greatest fury ; the walls of the
paddock being seven feet high, the pour fellow failed
in his endeavour to make his escape, by means of the
wall, and feli, when he. was so shockingly tossed sod
gored as to occasion his death, which tleok place es
Tuesday evening. The hull was shot and sold at the
Kaye's Arms lain, Grange Ash, by the Pound, for the
benefit of the poor widow, who is now left destitute of
support, with six helpless children.
Acci DENT AT TIIK REGENTS P‘RK BARRACKS.--SatoP
day night, about eleven o'cloca, the inmates of the New
Barracks in the Regent's Park were thrown into the
greatest confusion and alarm, in consequence of the led
wing of the hospital, which is situated at the north eel
of the building, falling down with a tremendous ensh.
The troop had nearly retired to rest when the crush
was heard, and the greatest fear was entertained for tha
safety of the invalids who were in the building, at
for the Hospital Corporal and his wife and yonos c
dren, who occupied a room near to the sick-ward. h'
mediate assistance was rendered, and the invalids wee
removed without sustaining any injury, and distributed
in the Barracks. 'flue-wife anal family of the Hospital
Corporal were in bed fast asleep at the time the bail&
ing fell, bet luckily the latter was up, and beard ten&
ing noise previous to the accident, and be awoke hie
family and put them out of the window in a naked stale+
whereby they were rescued from evident destmcdoe,
ss
the building fell the instant the whole of its lomat*
left it. The canoe assigned for the accident is, Oa.
foundation of the Hospital having been very hum:
consequence of a vast quantity of water having eve It"
it, the workman had been employed in the day din*
a drain to let the water off, and it is supposed they se'
Armin's! the building too munch. The part now stalk
ing has been shored up by supporters, and workmate%
employed in clearing away the rnhh.sli.

delay, and these it should seem are now. Al AMU ED.
rided by a gentleman who espouses his cause. Letely.et Christ Church; Wish* Mr. IV. Pei6f the
Gazette.) Plough Hotel. Weston-super-Mare. to Mrs. Mary Peat
hers were Three 30,0001. money Prizes in a after
cmirtrtisttlitZat"wornt(liie"har,iitthi Ileirngthierrd fourth
esbee bads
d ea:.
ttery, Bisit. 104 Om AP !!! There are the nen day. sail denierultel his u:L faithful rib.
hat denomination in the present Lottery, what
pis, !lean net also sell the whole ol( DIED. Ps
Ile? The Clalnces certainly are great! On tbe.ltith Instant, agezt UU, after nearly two years',
eh ail event. but twiny persons, is spits of tag 'Ad illness, Mr. W. Angus.
•t• beeited ittsleS lock, se 'ite is reamOrkablei .Os the stud inst.. at his hoesein Neu Kest-row!. in tier
Thirty ThOusawd.Poseut.Prizesphselatt ilabt .glettc fit. to the ieexpressible grirr us his widow and
tam
half•if Aland hare erre haul. A•llaW diltsi el
nice midst War. log betlitis twit Tlteadt . h on the kith heaves hi tbel9d yea
A• P. Driver. Esq. in the 67th yesr of his age.
Ma
At Woohele , • • 4 dist geli•
s tee, Timone Bersett,.Salt- gereaesPer -
ery firstqffille; Oman OAS deb is aefeAe *et* -
ie,florekThititnra.si , . ......_.....-.c....,....__-_
11. '--atillzwit- riutect. and Penthilled at the wed
fellte!NOrMiells.PelleW riir i.drips. 4flo...___.___ ...__T..... v Tios,.(swor
lik 01,WOM011g • IAV? trona., •bp, , • t IsTATEMI AN OW •il ig ‘,OIOIIITV _ ~...___,.....
t f a../ ' . Wiper). N0..1411. Wowed. oppesiSe t4t. tilemeers6A7.:::
lesat she!lltsliteflsKlk‘f
• _a■ 41P/Irafell,4o`l :: .bgAlh-WARDAII.I... Norriiweeet-lotwr te wawa an 1"-
;414411414- . In ,•••• aiNP.c :ti .... .. I • ataaleasiawsrPrarft aar af's 114,4'451 b"WrelM4.
uiplete4