The Statesman.
London, England, 1818-05-25 00:00:00

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LAW 11VTF LIG ENGB.
COURT OF CHANCEfiIr, MAT
Mi. SOLICITOa-GaNZIAr: moved, thit Dr. Ileriry
Jenne", might pay over to the Trinities of Charlotte
Fryer, • sum of 1611. the arrears of an annuity, of
1001. granted to Charlotte Fryer; also, that the
Trustees might receive a sum /151. which had been
paid into Court ; and further, that Dr. blink might
pay the Trustees an annuity of 601. for the belie-
fit of the son of Charlotte Fryer. The stiouit" deed
set forth, on the consideration that Charlotte Flyer
had, under a promise of marriage, cohabited with
the Doctor as his wife; that she had borne him a son ;
but that she had ceased to cohabit with him, and was
then living apart from him; that having deceived her
by a promise of marriage which he had not perform-
ed, he •greed to settle upon her an allowance of
1001. a year, with a reversion of 601. a year to her
Isots, for his support and education.—A reference
had been made to the Master, who was to enquire
what a ts of the annuity were due, and whether
the child had been properly supported by the father.
prior and since his mother's r3eath. The Master had
reported, that 1641. was due on account of the an-
nuity of 1001. to the mother ; and that with respect
to the boy, his morals and education had beets alto.
gether neglected ; for it appeared, that he had beets
first placed under the care; of a woman at 10.. a
Week, hut hail subsequent)), been removed to the
; house of a woman who was paid on4y is. a week,
and that he slept in a room with six other boys.
Mr. W eve followed on the same side.
Mr.Cowaso?l,oto the past of the Defendant, ssi4,l
he should he very far from attempting to juctif) the
conduct of his Client ; but the fact was, that a marri-
age had actually taken place between Dr. hostler
and Charlotte Fryer. Ilis Client, at the time of the
marriage, had signed his rotate 4irrereibt from %ha, it
really was ; but the mime he had written was sin:liar
in sound, though spelt differently—the two names
were idem swum h.,weser, in consequence of his
having so done, he, Dr. Jentser, enteriaioed a false
persuasion that the marriage was not a said one.
The marriage, however, being legit, he submitted
that the deed made under a different impression fell
to the ground, and that the custody and education
of the Child belonged to Dr. Jenner. To pay over
the money to the Trustees would he an act of super-
fluity, as she Doctor could immediate!) compel them
to refund it, in virtue of his marital and parental
righ!f.
The [anal) CIiANCELLort observed, that When Di.
Jentier stood before tutu with letters of administra-
lion, taken out as the husband of the lady in whose
favour he had granted the atiossity, he would then
take him to have been her 11..sbatill; but at present
he could only consider him as he had developed his
own clsasacter ; and that was, a. s mats who bed de.
ceived the 16.41 y be a promise of marriage, which he
had never thought proper to carry into effect. lie
was s.f f•pinion the trustees ought to he paid the 1611.
in smear, and that Dr. ..1,11(11.f should henceforth
keep up the-annuity to the son, according to the
terms of stipulatimi with the mothet and her trustees.
tuliToN COAL DUTY.
ATTOltlielr-OLNERAL. 0.. BROWN.
Mr. NEWLAND—Your Lordship was so good as In
say, that we might call your atteution to the case of
the Attioney-General v. Brown.
LORD CHANCELLOR.— All I can say, is, that
will appoint it for you some day next week. As the
appeal in the House of Lords is from me, I should
not like to he the only Lord who was to decide
upon it. The Lord who usually attends 1 have not
been to speak with, but 1 will see him, and let you
know its a day or two.
Mr. NEWLAND.-1 understand that Mr. Horne
has not got the order for which he applied.
Lotus CIIANCELLOII.-1 wade no order at all. If
I am right in my conjecture this is a case with which
the Noble Lord, to whom 1 have alluded, will be
extremely familiar. 1 think it will he proper for the
Gentlemen on one or the other side, to hand the
brief of the information and the demurrer to the
Noble Lord. It will be useful to send it to him
before it comes oil.

COURT OF EXCHEQUER, May 23.

ADULTERATION OF TEA.
Mr. Juts's moved for a rule to show cause why the
verdict lately obtained in the rave of Palmer should
not he set aside, as not founded in evidence. The
Learned Gentleman stated, that the indictment
against the individual was for having 501hs. of adul-
terated tea in his possession, not withstanding which
the Jury found a verdict for 56:118., though there was
no direct evidence to prove the finding of mote titsn
29Ihs. in his possession. The Learned Gentleman
trusted, that when the penalties were so very heavy,
and apportioned to the quantity found, the Court
would feel the necessity of so•far guarding the indi-
vidual as not to impose him to the paying of a heavier
sum than the justice of the case required. Ile there.
fore hoped the Coin would grant a rule to show
cause why the amount of penally should not he re-
dared to the emeltl quantity found on the premises.
The Lunn Cuts BARON said, there was the
strongest evidence to show that Jones, the porter,
bad carried to and from the house large quantities
of this kind of tea.
Baron GARUOW saw no rel. SOn whatever for dis.
turhing the verdict, which he thought a just one; and
he bait no doubt, front the vigilance slid activity of
the Public Prosecutor, that that o.Ecer would follow
up what be had already done by a criminal prosecu-
tion against the parties. It was quite impossible, he
said, that the rule applied for could he granted. The
Learned Gentleman might move for a new trial, if he
pleased, or rather if he would venture upon a task
which might have so little prospect of success. The
only reduction which it was possible to make in the
amount of the penalties might be from 56 to 50Ibs.
the quantity set down in the indictment.—The Court
dismissed t lot application.
Mr. ThuoTos was itt the course of the gay argu#
big a case, and occasionally referring, itr support of
his atgument, to certain remedies in equity, pointed
out in, many decisions in the Court of King's Brach,
when the Loeb CHIEF Beans interrupted himi and
said, Mr. Taunton, there has been more bad equity
twit down in the Court of King's Bench during the
last 60 years, than bad law is all the other Courts in
Westminster Hall."

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Tics ATToIiNeY-Oetstistal. r 0 ANDEII.4O4I. W SAILERi•
C. MILL, JAIkekBENNETY, AND ottlitle.
111111 was an intormal.niu against the Wends. '44'
who ire labourers, charging them ilith 'whipping
and unloading a coisSids.rable (Omuta? of foreigo
sp;ritS, which hid been illegally imported bite *MI
country, and whit!' had not paid the duly The De-.
fendants submitted to a veillitt for the Crown ; and
we only state their cage, becaluie it is doitlli con-
nected with that immediately following; tildes; front
the respectable station in life of the Defendant, has
elicited a good deal of interest.
inc ATTORNEY GENERAL V. G. WENtf, &ft
Mr. %It' ALTON opened the piOadihei in this cad;
and stated, that this was an inforination Mill by tliti
Attorney-General againit the Defendant, and the in-,
formation charged, that a considerable qesintitir a
foreign Geneva had been imported into ttlk reentry'
without payment of duty, and that the Etieferidaut
had been concerned in the landing sod onshippirime
the same, whereby he had' fiirfeitied triple the vale.:
lie was also charged with hating received Into hit
ustatody the said Geneva. TO this inforcitatidn bit
pleuded Not Guilty.
Mr. DAUNCET stated, the} the scene tatierloti
,
the present case lay nedr celobrated Weteting-
place, namely, Worthitig. The DefOndiot, Oh is
tc
busker and a landholder, fives at i place cillsid
Ferring, in the neighbotarhon.: of that todn,•ana tb
offence implited to him was stated to hat.• been coin:
mined on tpe 4th et April. 1817. It 'yield appeets
I thAi the Geneva in gyration wes'finded at Ferrine
lane End, within a mile cf the Defendant's house,
and (ha( a guest number of peistois were employed
to carry it lion, thence to a barn, which wit his pro
jperty. It was there ilepoSited, the Defendaht beint
!present, avid at the completion of the busineli hal
locked the door, pot the key in Mt pOcktit, and
went away. If he was enabled to prose These faCtli
the guilt of the Defeintint would be etwhiished, and
It would only remain for the Jury to' find the siugli
value of the tubbs landed, and the Officers of this
Crown would afterwards triple that amount.
After a long examination of evidence on both
sides, the Jury found a verdict for •the Crdwn—Ds-
mages, One Thousand Pounds.
Cot tzT or ittNo's RF.Nell. MAY
TUE Kis.) V. A. TIIIsTLEWOOD.
This Defendant, who, it will he recollected, true
tried anti found guilty during the Sittings after last
Term, upon an indictment., chnugine hint with send-
log a challenge to Lord Sitintouth, this morttiog ap.
peorr,l in CPuirt. roiended by Mr. JAM'S Watson,
for the purpose of snovin tor a view trial. Tito or.
ti ary .rittions ofii..• Wit hating been gorge through,
the lmiendatit presented himself to the Outlet of the
Conit.
Mt. Justice Bairte*:—Have ion any.affidaiits ?
Thistlewood.—•• I 'have, my Lord." The Der,
fendant put in three affidavit*, which were read by
Mr. Dealtry, the Clerk of the Crowo.office.
The first Was an affidavit made by himself, in Which
he stated, that from the lateness of the period at
which he received notice of trill, it was impossible
for him to bring forward those Witnessed whose OP
demure would have indoced the duty, instead of pro'
maiming him guilty, to come to a conclusion of
contrary description. He did Hot receive notice of
, trial till Saturday the 10th of May, at do hour too
late to enable him to apply at the Crown•othee for
subrcenas. Sooday, Monday, Tuesday, and Wed.
nesday were holylaysi and the Ctowit.offic• wet
dried. Ott Thursday, the 4th of May, he sat
brought from the King's Bench prison, at so early
an hour as to preclude him from making any effort
for his defence. Ile could hate called sixteen re-
epectable witnesses, who Would have sworn that it
was impossible that Rolls Button should have known
his livitd.writimse, and that he was a witness who"
I Emelt toot to he believed on his oath.
1.91 d ELLENBOIIOeG tr.---Does the Defendant
swear that the challenge in question was not his
hand-writing ?
Mr 'Paltry continued reading tile affidavit, which
went on to state that Mr. Justice Blyley having
given him reason to hope that he shoOld have a new
trial upon the production of proper affidavits, he
now Rusted that hope would he realised. There was
no denial en the part.of the Defeutdatit that the writ-
ing was his.
The nett affidavit was from James Watson, sur-
geon, in Stirrey.etrept, in the Strand; in which hi
11131.41 that he attended at the Crown.odice, in the
Temple, con the part of Arthur Thistlewood, a prig
soner in the King's Bench, on Monday and Tuesday
the llth and 14th of May, for the purpose of gets
ling subprettat to enable him to call Witnesses for hit
defence; hut there were no persons in attendance,
01111 hence the raid Arthur Thistlewood was deprived
of all to ass of defence whatever el his trial.—
There was an affithvit from Sauna Thistlewood to thei
like effect. She attended at On Croin-office the
11th, 12 h, and 13th.
Lord ELLESooßolitut 511 d; the Defendant had suf-
ficient notice of his trial antecedently, awl should
have netted himself to get his witnesses. There did
not seem much likelihood, however, even if his wit-
nesses had come, that they could have done him any
!mice; they could not swear thttt the hand-writing
was not the Defendant's; for he had not ventured to
do so himself. There *MI no pretence for the etu4
Lion for a new trial.
The Dgfendaut then left the Court.

COURT OF COMMON PLEAS i Mat 25.
WHITE H. DIXON.
This was a cause regarding the per Chase and Male
of • horse at the City Repository, Barbican. The
Plaintiff is a 11401filite, of the Country Advertising
()thee, in Fleet-street. I'he Defendant, Mr. R. Dixon,
selectee'', end formerly Cumnion Councilmen.
Mr. Sefitant VAUWIAS stated, that hir.White, the
Plaintiff, hating occasion to hay a lints., hit atter,.
don was diterted In this Repository, b 7 an edveriite-
meat in lAe Time, Ne*.paper. It ran thus:--;." A
beautiful bay gelding, the property of a Gentleman,
taken ha elecution (die manner in ;thick the Learned
Serjeant read this puff excited considerable laughter),
an curliefist hunter, got by darn, Smelts fewest
goer of any in London, to be sold without reserva."—..
Mr. White, Caught with this description, beiaght tits
horse at 46 guineas, *hen it was di,covered his shim,
could not tie to kilt off, without incur ling the greater
dams. His feat was dissatrd, and Ili fact as tra

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