The Statesman.
London, England, 1823-11-29 00:00:00

'rpm StYkZIONAM,

and addition; for thee the Cann would know whet his
addition was; but he not haying done so, they ordered the
rule tp be discharged.
TUN MCI V. BURTON..
Mr. GUZANET said, that iwthisxase the rule obtAised.hy
Mr. Kirland was only served on the 20th. He should there-
fore apply to enlarge the rule.
The Comm.—The rule enlarge itself.
TIM XING V. THIJITILL.
Mr. CInTTY said, that in the case of the prosecution at
the Instance of the County Fire Office against Thomas
Thurtell, for a conspiracy, he was instructed, on behalf of
the defendant, to move the Court for a writ of certiorari,
to remove the indictment from the Middlesex Sessions into
this Court. This indictment was preferred in consequence
of an action brought by Thnrtell against Mr. Barber
Beaumont. as Managing Director of the Comity Fire
Office, to recover the amount of an assurance npoe goods
alleged to have been destroyed by fire on his (
rpren►ises in Watling Street. The trial took place in the
Court of Common Pleas, and the Jury returned a verdict for
the plaintiff. In the present term a motion had been made
for a new trial, which was granted ;
The Loan Clime JUSTICC.—On what ground do you
mo►e for the writ?
Mr. CILITTY.-01) the ground that Mr. Barber Beaumont,
the Managing Director of the Office, is a Magistrate for
the County of Middlesex. Another of the Magistrates
for the same County, whom it is unnecessary to mention,
is also a Managing Director. Now I have an affidavit.
which states that Mr. Beaumont caused to be inserted in
The Times newspaper of the 22d instant. a paragraph,
in which it was asserted that Thomas Thortelt had de-
, dared he never had any property
.at all on the preiniPis
in question. This assertion is denied by five persons, in
which denial the assignees of the bankrupt have joined.
The LORD C IBF JusTics.—Does the affidavit allege that
this statement appeared in The Times by Mr. Beaumont's
authority?
Mr. CHITTT.—It does, my Lord.
Comm—Take your writ.
The Couwr having gone through the whole bar, and dis-
posed of all the motions which were not of length, rose at
half-past six o'clock; when the usual proclamation upon the
close of the term was made.

CONSISTORY COURT.-FRIDAY.
-.........
ADULTERY. •

wsivraan V. Emmett's.
Dr. iltiawanv said, this was a case promoted by the wife,
Mary Hayward, against James William Hayward, her hus-
band, for adultery. The citation was returned in April,
1823, and on the first session of Trinity Term Mr. Hay-
ward appeared personally, and the cause was continued to
the next Court. The libel was then brought in, when the
Judge ordered it to he reformed, which was done, and the
Judge decreed fifty guineas for alimony. On by day wit-
nesses were sworn, anti the cause now stands for sentence.
Previous however to sueh sentence being given, it would be
his duty to state the facts of the libel, in order that the
merits of it might he well considered. The marriage of
the parties took place at Marylebone Church, and Mrs.
Hayward, at the time, was under twenty one years, but in
her twentieth year. Soon after, in June, ISI3, Mr, Hay-
ward went to Lisbon, leaving his wife in this country. In
August, 1814. be returned from Lisbon. Mrs. Hayward
then considering her marriage invalid, in consequence of
the name of " James" being left out, they were again mar-
ried at Marylebone Church. Mr. Hayward afterwards farm-
ed a connection with Isabella Stratton, spinster, left his wife
and went to Brighton with her, afterwards he engaged a
house at West End, in which house Isabella Stratton
resided, passing by the name of Grant, and that while she
.so lived there Mr. Hayward frequently visited and slept
there; from thence they removed to Piccadilly and then to
&Inver Square; from there to Alsop's Buildings, Mary-
lebone, where she passeteby the name of Grant, was visited
by Mr. Hayward, and' treqttently slept in one bed; all this
time Mrs. Hayward remained totally ignorant of the con.
nexion and adulterousintercoarse, until one morning, when
opening a tin box, she discovered some letters which bad
been received by her husband from "I. Stratton ; this he
kept locked, and, when at home, put under his pillow
every night; this she preserved until his return, when he
confessed the adulterous connexion he had carried on, ex-
pressing his contrition for his misconduct, and faithfUlly
protuised he would not amain be guilty of any thing of
the kind, but would wholly abandon the adulterous inter-
course. Being anxious to rccal her husband from the
libertine life he had led, she continaed again to cohabit
with him. In April, 1522, Mr. Hayward again began to
ill treat his wife, and renewed his acquaintance with
Isabella Stratton, and left his wife, on a pretext of going
into the country for his health, but that at the time be went
to the house of a Mr. Westman, in hanger Lane,
where be was joined by Isabella Stratton, where she
passed for Mrs. Hayward. Mrs. Hayward was not
aware of this renewed connexion until Jan. 1323, and she
then determined to discontinue all arqusintance with her
husband, and went to live with her sister. He was soon
after arrested for debt, and went into the King's Bench
Prison, but shortly removed to th.. Rules, and lodged In
Temple Place, Blackfriars, where he was joined bY
Isabella Stratton. Upon this evidence he (Dr. Burnaby)
considered there was sufficient to establish the adultery ;
but since the arrest and confinement they have continued
to reside together. The Learned Counsel then proceeded
to detail the evidence substantiating the charges contained
in the libels. Mr. Barham, first witness, proves, Mr.
Hayward, who lodged in Temple Place, is the same party
as the one in the cause, and that Mrs, Hayward, who
resides with him, is not the person suing in this cause. Mr.
Holding also proves the same with respect to Alsop's
Buildings.— Sir C. RomiNeost at this time wished to be
informed if Mr. Hayward had any thing to say ? The
Proctor observed, that the former part of the libel was
not correct, but the latter part be could not dispute. He
had read the evidence ; but a considerable portion of it
went beyond the libel, and that be believed the Court
would not allow.
D. BURN AM continued—Sarah Barham says, Hayward
engaged a parlour and bed-room in her house early in the
present year. where he:was soon joined by Mrs. Ilitywlsrd,
as she was informed, and they lived together—hut that
afterwards they went to reside in the Lambeth Road. Mr.
Holding states, as he (Dr. Burnaby) had before expressed.
Catripney, the servant, says he was servant to Mr.
and Mrs. Hayward at Camberwell, but left their
lervivce—that be was afterwards met in the street
by Mr. Hayward, who engaged him, and he
000tintted to live with him and Mrs. Grant.—Seaton
deposes to the marriage. Sarah Pawley says she,
together with Mr. Holding, occupied apartments in the
louse of Mrs. Grant; the engaged the apartments in
consequence of seeing a bill in the window, denoting the
were to let ; they in consequence became acquainted with
him. Mary Anu Stratton, the sister, says. he became
acquainted with) them when her sister resided at Cam.
,berwell nit's her parrots; he used to visit her sister;
on one occasion they saw a lady walking in the
garden of Mr. Hayward's house, who he then informed them
was his sister—being in the summer, they removed to
Brighthelmstorte, and anon after Mr. Ilaywaid cause down,
and appeared as if paying his addresses to Isabella—he
seemed particularly attentive to her, and when playing at
cards, they frequently sat together, and were partners—on
other occasions when she went out in bet father's carriage,
Mr. Hayward went out also, but she never observed any
indecent familistitiee between them—that she soon after
went down ta Cermarthenshire, on a visit, and then heard
from her sister that she was residing at !install Green, and
directed to her as Mrs. Grant—the correspondence was
continued, and she soon after learned hum' her sister that

she _Woe martled to Mr. Hayward I' her . letters:driri
directed as requested to Temple Plate, and afterwards to
Bridge-hoose Plum, Newingtoa Causeway. • • •
'The Psocesin for Mr. Ilaywrat Objected tic Ibis, se It'
carried it beyond the libel. •
De. Banwaiviaild,•ll Was 'eery initiortset; if the Coln
considered it ougEt to be read; he would do ad.
The COURT, over-taltd the ohjectioa.
Dr. BURNART continued the evidence of his sister. She •
farther stated,' she frequently wrote tO her sister as mem
dosed, sad shi was now reluctantly sailed upon as a wit.
sem.
John Shahan, the brother, stated, that Mr. Hayward
used to go out with his sister Isabelle, and paid her par ti
cuter attention; that she left her father's house and went
to reside at West End, ;main by Hie name of Grant; they
afterward, .removed to Ealing, where they resided
together as man and wife; he used to go down on Saturday
night and return again on Monday morning; be was at the
time a clerk in the Beacon Fire Office; When he visited
them on the latter occasion, they were known as Mr. and
Mrs. Hayward.
This, the Learned Counsel submitted to the Court, was
ample proof of cohabitation and marriage, and of the sub•
sequent cohabitation of the parties as min and wife; the
confrontin* evidence had also been proved ; and he,
therefore, considered the wife entitled to the separation as
prayed.
Sir C. ROBANIOR, la giving judgment, said it was a suit for
divorce, by reason of Adultery, and brought by Mrs. Hayward
against her husband—he has appeared in person, and has
not employed the usual means necessary in the cause, by which
great disadvantages were thrown on the ease, and it was very
unsuitable to the general practice of the Court.—lt could.
not, however, fail throwing some suspicion on the solidity
of the defence that might have been set op.—This proceeding,
he hoped, would be much less frequent to its reeurreece than
it had been during the last year.--He did not mean to throw
any imputations upon the wife with regard to her proceedings
—she commenced the libel with the marriage, and, by the
genuine distress of mind she appeared to labour under when
obtaining the reconciliation, and the means by which she
endeavoured to obtain redress, reflected *treat honour upon
her; one observation, however, the Court could not fail mak.
ing, respecting the proofs of the libel ; bad they been made by
witnesses acquainted with the wife,instead of persons connected
with the female alluded to, it would have been much better
for the libel to have so proceeded; seven witnesses prove
the marriage, and another the first history of the parties.
With regard to some of the facts, and, more particularly,
how it should not become known to the father, who livid
next door, that Mr. Hayward was a married man. remains
still in great obscurity; then the daughter afterwards,
separates from her family, and is recognised in various
names. Tus substantial proof of adultery is given by
Barham and Holding. and should not their evidence be
doubted, it constituted very strong ground for such
adultery; their cohabitation in the rules of the King's
Bench is proved by the sister, and she is traced from her
father's house to various places. However, continued the
Learned dodge, the Court is of opinion, upon considering
this eve, the wife is entitled to her remedy and to her
prayer for separation.—Sentence for divorce decreed ac•
cordinnly.—Upon the application of Dr. BURNABY, the
stun of tiny guineas was allowed for permanent alimony.

POLICE.
threw( Oaantat.—Yesterday. an elderly man named
Madvany, with every appearance of infirmity. was brought
up by a constable of Somers Town, Who stated, that he ob-
served him gelato different shops, asking charity, and, on
taking him into custody, he moved feebly along till they
got near the watch house ; the sight of this most awful
place at once wrought a most miraculous change on his
frame ; his decrepitude vanished, and he bolted off with
such speed that, with difficulty, he (the constable—an
active young man) overtook him. His run had given such
a brisk circulation to his blood, that he became very refrac-
tory, and, at length, the minicab!, was oblipd to put him
&to a teach in order or vt him to the office. •When seated
tin the waiting ram. )sis iefirmities again overwhelmed
I hint, insomuch that be asked permission to bays a " whiff"
le his pipe to relievg,his asthma. His story to the Magis-
trate was. that hlidanghter sent hits out for fourpenny•
worth of bread; of no particular denomination, quantity,
sor quality, Wives's; required, and that be had gone to
so many places to make this purchase that he had lost his
way,. and was only inquiring his course at those different
shops.—Magistrate: How do you get your bread ?—As
Ave as I can, plase your Worship.--But how do you get
your living ?-I.lv keeping myself alive as well as I can,
your Honour. Upon his daughter's intercession, with
whom this old man lives, and who appears of a much more
decent stamp, he was discharged, on his promising never to
lose his way again. or he would certainly find himself in
the House of Correction.
Hun AAAAA .--On the night before last, as we stated
yesterday, the premises of Mr. Peacock, wholesale jen eller,
residing in Charter House Square, were burglariously
entered, and plundered of property to a considerable
amount. It appeared, that the robbers had ,effected their
entrance by scaling a wall of considerable height, at the
top of White Hart Court, Long Lane; and having passed
over several gardens in the rear of the houses in Charter
House Square, they dropped into the back area of Mr.
Peacock's house. Here, they wrenched up the iron-bars,
and even the wood work of the back kitchen window, and
having made their entrance good, broke into the front
kitchen. In this was kept an extensive assortment of
plate, all of which was carried away. After ransacking
every part of this kitchen, the depredators burst through
a strong door, leading up stairs, and thee forced their way
into the counting house. All the desks were broken open,
and also the iron chest, in which money and other valuables
were deposited—all of which were removed. After deli-
berately collecting every article of value which they could
find, they sat down quietly and regaled themselves with
some wine and fruit, which they discovered In their general
search. Mr. PearOck estimated his loss at nearly twelve
hundred pounds, but as yet he is incapable of calculating
to what extent he has suft"ered. Not one of his family was
disturbed ; and though the depredators must have passed
nearly two hours in the house, the watchman was never
attracted by either the appearance of the light in the
kitchen, or the noise necessarily produced. I n consequence
of information to the above effect being left at the office
yesterday, Read, senior, accompanied by Thompson, have
been in active search of the property, but as yet gained no
clue to the parties in this daring act. •
(atrium SQUAWIC.•••••—FRADD.—Last night Wm. Anderton,
private in the 34 battalion, Ist regiment of Grenadier Guards,
stationed at the 'Myer, was re-examined on a charge of frau-
dulently obtaining a military dress coat, value ten pounds,
the property of Wm. Gilbert, one of the band. Mrs. Sarah
Gilbert, the wife of the prosecutor, deposed, that her husband
was employed at the Lord Mayor's show ; on the 10th Inst.,
the prisoner came to her lodgings, in Itanelagh Street, Pimlico,
about ten o'clock i 3 the morning, saying be belonged to the
I Ist battalion of the Ist regiment, stationed at the King'sMews'
Barracks, and had been sent by her husband and Mr. Blaney,
master of the baud, for her husband's best coat ; that they were
to take water at Whitehall stairs, and he was to take the coat
there. Fibding his account relative to her husband was correct,
she did not hesitate to give him the coat, which he wrapped up
in a handkerchief and carried off.
James Whitbread, a private IR the Coldstream regiment,
said, he is quartered at the Blue Posts, in Bennet-street, St.
James's ; toe prisoner sometimes came' there, and on the thy
stated he was in the tap-room stripping the gold lace off a new
military coat, which he said he had bought for las. One of
the coach cads in Piccadilly, who lodges in the house, was as-
sisting hirn, and when they had done, both went out together.
When they returned. Farmer, the cad, said he bed sold the
gold lace for ISs. Id., and the prisoner said he had sold the
coat for Is.; that he had bespoke tarCi more coats for next
week, if he got persons to buy tLent.--- Joseph Farmer said,
the prisoner met Pim Grit in Piccatlil4, where he showed him

tat. When tile big was Of %a took witness' to ill6olll
Doe's-street. Soho. where he told It for las. Id., and after-
wards.trested him with dinner and liquors.—The prisoner's
eedetitt maid tbe regiment would take it up, only the prisoner
had borne a bad attester. He *ail Committed for farther tia
amlnatlon.

LAMM* Stnani.—Rtwoisin tae CliANGlC—Ynter.
thy Mary Jones was brought up in the custody of
Slone, a constable of End Old Town, charged with
being a common utterer of base coin. The prisoner, it
appears, went to the shop of a baker, in Mile End, aid
called for a loaf of bread, in payment of which she tea:
dared a ball crown, which was found to be good ; bat M
she was about getting the change, she obyrved that oho
bad forgot that she had some halfpence, and wished to
bate the hilt crown beck again t sh_ hed it back, ea
then felt in her locket as if to get the halfpence to
pay for the bread ; she then ezcosed her inability to pry
in copper, aad begged to be e*cosed, as she really though:
she bad some, and again produced a half crown piece;
but this turned nut to be a bad one, and on the baker
being about to secure her, she threw th:. good half crown,
which else still held in her hand, into the stteet, and It
was picked up by a boy. She endeavoured to permed,
the prosecutor that be bad given her the bad half emirs
instead of her own good one. A Gentlemen from the Mist
attended to conduct the prosecution, and the prisoner was
lolly committed for trial..

A du►l was to Lave taken place Thursday morning al
Brixton between a Alt. a trader in the city, and
P—Al-1., a Gentleman of fortune residirig in the (Ire's.
wick Road; but some of the Bdrough Constables arrived
first on the ground, and the parties did not appear. The
quarrel originated about a courtesan residing to Lambeth.
road, who Rare the information.

Tea LATE EATAL et two o'clock, as
inquest was held before John Wright Uuwin, Esq. et theTtpre
Colts, Old Ford, on the body of Charles Gibson, a hakcr, ape
SO, who was killed in a pugilistic contest with Thomas George,
another baker, and now la Clarkenwell prisso for the offence.
After a minute inquiry, the jury returned a verdict of " Mae
slaughter against Thomas George, now in prison, as the prig.
eipal; and against Dan Martin. Game Citicken. Samuel Pik
and another person unknown, as the secoads:" The constable
I was then boned over on the part of the parish to pros.rute. to.
nether with the witnesses, and the Coronet issued his warrant
to apprehend the seconds.
ROBBERY or THE DOVER UMW( COALII.--WM.MOITiSOD,
the young man who was charged on a former examination be-
fore Mr. Mason, the Magistrate of Deptford, with robbing the
Dover Union Coach, on the evening of the Sth inst. on Black-
heath, was again brought before the Magistrates for final ru-
mination. After evidence had been heard, the prisoner, whole
• prepossessing young man, on bring celled open for his de-
fence, expressed a wish to make a confession if he might be
allowed to turn King's evidence, but the Magibfretes conceit.
ing him to he principal refused to receive it, and fully commit-
ted Mm to take his trial at the next Maidstone Assizes.
ESCAPE PROM THE RULES—Late OD Wednesday night, Llt
early on Thursday morning, three convicts named Edward
Knight. William Payne, and James Stevenson, effected their
escape from the Etbelean hulk moored off Woolwich in the
following manner:—When the muster roll was called over on
Thursday morning the above names were not answered to; bet
as the hatchways were in the same state of security they were
the night before, it was at first imagined the men might been
board. On carefully inspecting the vessel, however, it Was
discovered that the convicts had escaped from their births by
cutting out the window which communicates with the stew-
ard's room ; the window of the latter place they also Pieced
open, and one of them, it is supposed, plunged into the riser.
and swam to a sheer hulk that was moored some distance from
the Ethelean' end cut off • boat which was fastened to the sheer
hulk and rowed beck to his companions. They then plundered
the steward's room, and carried off a dozen shirts, Seitni
piles of stoekiugs, and some wearing apparel, with them lithe
host. After diligent search had been made, the boat was
found on the Essex shore on Thursday, bet no tidings km
yet transpired as to a probability of discovering the fugitives.
Two of the ECIDVICtS were sentenced to seven years tranaporta.
Aeon, sod the other for • shorter period.

BIRTH—on Tuesday, the 96th inst., at Klllerton, Devon, the Lsar of
Sly 'C. Arland, Hart 14 a son.
• MAIIIII lio.—On Wednesday. pt St Mary's Church. Southampton, Ural
6•q. of Old Park, Wilts, to Marydsupbter of Eduotod Anustrocp„
Nag. of Gallop fairbanas, Ireland, and niece of the night Honourable Led
Ashton a.
On 'Marsala, the rth instant at St. Martin's•in-the-Fields. R Hlbbett,
second son of it. Hibbert. San. of Males ball, iu Cheshire.alki of Cbahont-
bons., Ducks, to Charlotte, oldest daughter of J. Drumnsood, hay.of Cbarinp
Cross.
- - -

DIED.-On Sunday, the Sad Instant, at Hampstead, Mr. 11. F. Mrplus,et
Broad street.
On the 27th inst. at his house in Brunswick nuare, B. Burnley, Esq.
aged 83. father-m.llw gZJ.Hume, Eli. M.P.
On 'Cuesdar, the 25th Instant, LOia, wife of Mr. George P. %apse*.
Well street,Rackney, and youngest daughter of Richard Brecuridgr, E.;
Temple.

DR. EADY respectfully calls the attention of those
afflict-41; to his peculiar and effectual method of
cure, and although he will not presume to pledge infallibility
hi every description of case, yet as far as human aid. assist
ed by medical and surgical experience can be appled. be
promises a speedy and permanent restoration.—Dr. E. is
consulted daily at No. 38. Dean-street, Soho. and I, liatiel
I
street, Stamford-street, Blackfriars and Waterloo-road:,
bf
patients of both sexes. Country letters, (post paid) ea
closing a fee, meet respectable attention by returu of vcoid
Post—Upper Ground street,Surrey side of Blackfriats Bridge,
leads directly to I, Hatfield street

BY his Majesty's Royal Letters Patent.—LEAla'S
Pilaw Salutaria. One small Pill is a Dose; and
the taking of one box, in a recent case, will soon convince
the Patient of the certainty of his speedy recovery. No*
thing can be better contrived, more safe,- or more convenient
than this reinetly, for such as are obliged to go journies a
to sea, as it needs no confinement or restraint of Diet: and
00 years experience (in an extensive practice) has proved
that it will effect a Cure, when ali. other methods avail no-
thing. For the Scurvy and other chronical disorders, this
Medicine has not itsparallel. Upwards of 10,009 penlorni
of both sexes, have been radically cared within the last rigid
years. Prepared and sold by the sole Proprietors, T. TAT.
LOR and Sox,-Surgeoffs,* at their house, No. 9, New U'l'lle•
street, in boxes of only tls. 9d. each, duty included. Thef
are also sold by their appointment, with copious directions.
at Mr. Hepburn's Toy Shop, 103, Oxford-street; Mr. 91',
borough's, 7, Fish-street-hill, nearly opposite the Moos-
tnent ; at Mr. Baxter's, Edinburgh; Mr. t.stberry's. Dab'
lin ; and by one person in every considerable Town in Gresa
Britain and Ireland. Advice gratis to persons taking tus
above, or other of the Proprietor's medicines.
* See the published list, by the Royal College of London,

COAL-MARKET, Nov 28.
Ships at Market. Ships sold. Price.
84 Newcastle 26 B9B. W. to Os. 81.
14 Eander150d.......... 11 A Mts. Od. to 475. fd

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COURSE OF EXCIIANGE.—Fatnay.
Amsterdam C. f.. 12 5 Gibraltar ............ 3010
Ditto at Sight IQ 2 Leghorn ............ .401
Rotterdam 12 0 Genoa .............. 401°
Antwerp II 0 Venice Italian Lit. ...17 it
ilatnburgh. .• • 37 9 Malta... 44
Ma1ta...... ••••
Altona 37 10 'Naples .............. Seq 0
1 Paris, 3 days' sight 96 70 Pa1erm0....... r0z.117 0
Ditto 3O 00 Lisbon ...... . ........ HI 0
Bordeaux 26 90 Oporto .....•••• NI °
Frankfort on the Main • .167 Rio Janeiro .......... 19 0
Petersburg 3us p rble. •Si Bahia ............... NI 0
Berlin ... ..Cur Dolts 7d logy. Dublin ............... ei I
Vienna, Ef.2 in
Trieste ditto
Madrid 110,11(0) 13 Cork ......
iiiio.m.. .....
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361 0 Portugal gold in coln.o/.oss
Cadiz
Bitboa
Barcelona
Seville . .....36...3433
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NewNF oe rwe i
Dollars
Fa
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oi tin:. b..a:r..5..3103 . 11741
36 0 Silverinbars,standaro 11l

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by It. WARDELL, LL.D. Proprietor.

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