The Statesman.
London, England, 1824-01-27 00:00:00

T 11E StATESMAN

—.-
country. His Lordship said, be should be sorry,in granting
a new trial in this case, to cast any redaction on the con-

duct of the defendants.
*Mr. Justice BATLIT observed, it was a question whr
ther the subjects of this country could lend money to a
foreign power, not recognised by the government of this

country. •
The ATTORNIT-GCNIIRAL said, that it was not the wish
of the defendsnts so retain the money longer than they
were authorised by law to pay it over.
Mr. BROUGLIAM then said, he moved that the money Is
defeat:lints' hands should be vested in Excheyier Bills.
The Loan CRIEII JUSTICS thought it would answer
every purpose if the money was lodged in the Bank of
England, in the names of the defendants. This matter,
[ however, might be arranged out of Court, and that the
charges made against the defendants had not been borne
out, as they only acted on the opinion of the Attorney and
Solicitor Oeneral, and that the Court would make nO order
that should in any manner reflect on the conduct of the
defendants.
The Court granted a rale to show cause.
Tauaresos e. 11A•CIRONII.
Mr. SCARLET? stated, that he moved a new trial in this
cause, which was an action for camp equipage, supplied for
two Officers belonging to the Spanish Constitutionalists'
service, amounting to 1441. He moved upon two grounds ;
first, that the verdict given for the plaintiff was contrary
to the evidence; and secondly, that the contract was void,
,under the statute of frauds.
(This case .has been already fully, reported in the
STATRAIHAN.)
Mr. Justice BATLEY doubted if this was not a good de-
livery, so as to take this case out of the Statute of Frauds,
or that it ought to go to a new trial.
Mr. Justice BEET thought there was a clear admission
of delivery and acceptance by the defendant at the shop of
the plaintiff.
The LORI:ICBM JuSTICS was of opinion that the only
question in the carat had been decided by the Jury. which
was that they found for the plaintiff, on the ground, that,
although the goods were never handed over, they were
made up specially for the defendant.
•
The Court refased to disturb the verdict.
THE HERTFORDSHIRE MURDER.
Tae KING P. SHERWOOD:niI was a Rule obtained
last Term, calling on the defendant to skew cause why
a criminal information should not be filed against him for
publishing an exparle account of the murder of the late
Mr. Weare, tending to prejudice the persons implicated in
that transaction on their trial.
Mr. SCARLWIT now appeared fur the defendant, and
said he was instructed to consent that the rule should be
discharged, upon payment of costs, as between attorney
and client.
Mr. CHITTY, for the prosecution, said, he was also
instructed not to press the matter further, if it was the
pleasure of the Court to sanction the arrangement.
The Courr said, that as the prosecutor did not wish to
carry the case farther, they could not force him on.
The Rule was therefore discharged upon the terms above-
ioned.

COURT OF EXCHEQUER —MONDAY.
Tll6 RIND V. Jimmies.
The circumstances of this ease mnst be fresh in the re-
collection of our readers. Mr. Jeffries had ordered some
machinery for the manufacture of cotton. from Birming-
ham, which was seized at Paddington by the Custom-
house officers, as being a part of some machinery which
was lying near the river, with a view, as it was said, of
its being exported from this country. Such an exportation
of machinery would of course be contrary to law. A trial
took place in the Exchripter, wherein a verdict was found
against the defendant. A point was however reserved,
that the prosecutors had not proved satisfactorily that the
machinery seized at Paddington was intended for exporta-
tion.
Cllr. POLLOCK now moved the Court to grant s new trial,
principally upon the point saved at the former trial.—
Rule Nisi granted.

ARCHES' COURT.-YrSTERDAY.
--...NOP'---

Jottre V. JOHN.
Dr. SWAsay said this was an admission of libel for divorce,
instituted by Samuel John, Esq., of Cornwall, against his
wife, by reason of adultery.
Di. JILXNEII, on behalf of Mrs. John, stated the nature of
the libel, and took various objections to the several articles
contained therein. On the tad of January, 1810, the parties
were married, and on the 25th of Marsh following, Mr. John
left his wife, for the purpose of attending his duties as Under
Sheriff in another part of the county, and on the Ist of April
he learnt that she had been delivered at her father's house of
a female child, of which she admitted that another person was
the father. The parties contracted the marriage " for better
for worse;" and it was clear that in January Mr. John had
every method of ascertaining her situation, so that, from that
circurnetanee, the Court has already decided that in such cases,
the husband bas nn right to sustain the libel. She must have
been pregnant at the time of marriage, so that no deception
could possibly be practised on Mr. John. The case of •• Per.
rin," in Dr. Adams' Reports, let volume, was similar. In
that case it eppeared that Mrs. Perrin had had two c:,ildreu by
her paramours before marriage, from whom she received two
annuities of 401. and 20f.; there the Court refused the admis-
sibility of the libel, because this marriage operated as the
waver of the husband's claim. In ISIE articles of separation
were agreed to between Mr. John and Mr. Grill, Mr. John's
father, by which the wife's fortune was restored, and Mr. Grill
was to allow his daughter a maintenance. Ile (Dr. Jenner)
imagined that this document could not be produced as evi-
dence against Mrs. John, because she had trot signed it, It
was also pleaded, that the father's will bequeathed her ISOI.
per annum, and to the daughter who was born two months
after the marriage 501. per annum. Mr. Drill sent her to reside
with the Rev. Mr.Paimer, where it is pleaded that she became
acquainted with George Robert Forster, and spoke of him in
terms of affection, sometimes feigning herself 1,1 fur
the put-
pose of seeing Mr. Forster, and on one cceasion, when Mr.
Palmer refused to send for hilt, she broke the glasses on the
table. This was stated as the probable cottjecture—but elm '
jecture could not be received iu the preseut case. The libi4
also states that Mrs. John was found whit Mr. Weiland, the
Curste, in such a *halation as left •no doubt of the adulterous
intercourse. This aside was, in Dr. Jennt4's opinion, ex-
ceedingly vague • for although the charge is Motley important,
no time is specified when it took place. It will also he con-
y
sidered b the Court, that these circumstncs occupied the
space of several years, andall yet it was not until 1591 Mai Mr.
John commenced the present suit.
Dr. ADAMS followed on the same side.
Dr. SWAIM, on behalf of Mr. John, contended, that the ar-
ticles charging the adulterous intercourse were very specific,
and with respect to the length of time that had elapsed before
the suit was instituted, Mr. Joha only in 1821 learnt that his
wife was conducting herself in so improper a manner, slues
which time Mr. John had proceeded with all due'care, but with
as much despatch as possible.
Dr. Lustonexon followed on the same side, at considerable
length.
The Coins ordered the libel to be reformed..
. POLICS.
—......--
BOW4TIIIIT.—ATROCIOUS ASSAULT.—A fellow of the
name of JoAis Moores was yesterday brought to this office,
on a charge of cruelly beating his uwo mother. The un-
happy parent stated, that the prisoner lived in the same '
house with hef, and such was his tyrannical conduct that
aim was really in feat of her life; independent of which
her remonstrances were always met by blows. The Tot—
i'loaer, on belts, questioned by Sir %cumin Biewta, said
fiee was twoeml thirty years of age. He did not deny that I
be had maltreated his mother, but observed, that •' the
*as still some good io him. 4
• .
• He was ordered to find bail sureties for his future tgo
minded, and in default of this was cOunnitted to Toth 1
Fields.
•

Tnerrata.'s Am Ilnw.—The statement published yes-
terday respectingThurtall's air gnu is sal to he incor-
rect in some partrculats, and the fact Is represented thus :
The Magistrates ordered that this astonishing it-gin
should be deposited in the office, as the fittest place for t.
In obedienceto this order, Upson brought it to the office,
on Saturday morning. and delivered it to the Sitting Ma-
, gistrate, Mr. Miusbull ; Mr. Minshull received it with-
out comment; handed it immediately to Bishop. the offi-
cer, who stood by. and Bishop immediately locked it up.
Itgyeasse.—Eliaa Colwell was charged by a watchman
with having behaved in a very disorderly manner in the
street at one o'clock in the morning. She was making a
great hubbub, he said, and defied him to take her to the
watchshoose ; and so be took her " just to show her the
difference."
The accused—• very pretty brunette. apparently about
twent-five, miserably clad in • ragged black silk pesse,
listened to this charge with the tears trembling inli her

eyes..
" What are you—an unfortunate woman ?" asked the
Magistrate.
" Unfortunate enough !" she replied, " though not an
unfortunate woman in the common acceptation of the
phrase lam a wife, and had been to see my hnshand in
the Marshalsea Prison, who was taken there for a small
debt, and I thought 1 might remain there with him. Ilitt
they would not allow tne to remain, and having no home,
I sought protection fur the night in St. watch-house.
1 was turned out of that place also, and no doubt felt some
irritation, when this man afterwards refused me the miser-
able privilege of siting down in the street."
She ifept as she was making this reply; and in answer
to the further Orations of the Magistrate, she said she
was a native of Seville—daughter of Mr. Musgrave, for-
merly the British Consul in that city; that her father,
dying, left her 10,0001., and she married a Mr. Colwell,
who was then a respectable linen draper, in Great Russell
Street, Bloomsbury_, carrying on an extensive business
under the firm of Fisher and Color'); but they had met
with reverses, and had sunk lower and lower, " until at
length," said she, " he is a prisoner for debt, and I am a
miserable outcast."
The Magistrate ordered that she should be taken rare
of in St. Martin's workhouse, until some inquiry could be
made respecting her.
ROBBERT AT MR. MACQUBEN'S IN PARK LANG.--Mr.
Marqueen yesterday appeared at this Office, and stated to
ISir It. Birnie and Mr. Robinson, the Sitting Magistrates
—that he had recovered the Highland dirk which hail been
stolen from his house under tne following circumstances.
I—Tbat morning a man of the name of Inderwick, a
dealer in curiosities in Princes Street, Leicester Square,
came to him with the dirk. and that lie had purchased it
of a Jew from Yarmouth, and told him he had given live
guineas for it. He had seen the account of the robbery of
Mr. Macqueen'shouse in the Ne epapers, and lust au time in
bringing him the weapon, leaving it it to his outs gene-
rosity whether he would reimburse him for the money he
had given for it or not. Mr. Macqueen said he would con-
sider how far this was due, and kept the family relic, which
possessed more of the ideal than of intrinsic value, al-
though the cairngoraans with which it was set had cost a
considerable sum. The dirk, it appeared, bad been both
at the battles of Preston Pans and Culloden, in the pos-
session of Mr. Macqueen's ancestors.—Sir It. limits sent
a summons for Mr. Indere ick, who, on coining to the
office, stated that he hail purchased the dirk from a Jew
of the name of Falack, who resided at Yarmouth, and
who bad been introduced to him by Mr. Aaron, another
Jew, living at Norwich.
Sir RICHARD Bien' g directed letters to be sent to both
the Jews on the subject of the stolen property, calling upon
them to communicate any information they might have
as to the manner in which it had come to either of their
hands.--Mr. Inderivick seamed dveirons of having his
name suppressed, as having had any connection with the
affair; but Sir Richard said, that if the story he told
were true, there could not be the slightest imputation on
him.
Mr. Macqueen said, that he had discovered, in addition
to his other losses, that a valuable painting, intended for
the top of a snuff boy, had been stolen from his drawers.
This case affords another instance of the advantage re-
sulting from the publication of Police report'.
ATTON-OARDEN•—• PROBER?. WIRE. AND VA3111.4
--
Yesterday, a respectable Gehtleman, residing in Soatliamp-
ton-street, Bloomsbury, applied for a summons against a
hackney coachman. under the following circumstances :
He stated, that on the preceding evening, he engaged the
hackney coachman at Giltspur-street, to drive himself, with
his wife and family, to their residence; hut on passing
through Holborn, perceiving the coachman to be tutazi
cated, they alighted before they reached Southampton-
street—the coachman demanded the exorbitant sum of five
shillings. On bring refused this demand he declared to
the passengers, that the Gentleman was Probert and his
family. The consequence was, the street became impassa-
ble with the niob that collected, and the Gentleman and his
family were obliged to dy for protection to a neighbouring
coffee-house. In order to reach home in safety, he paid
the Coachman his full demand, and in a short time after he
withdrew, the mob iltspersed. The Magistrete" said he ne-
ver met with, a more aggravated case; and ordered the
sit tuitions immediately.
QUERN-Sgu Ra.—Yesterday James Jackson and James
Roll were brought before Mesers. White and Gregory,
charged with an attempt to violate the sanctuaries of the
dead in the Broadway burial ground, Westeniuster. The
pr;soners stated themselves to be carpenters, and living
together at No. 1, Cumberland Street, Hackney Road.
About two o'clock yesterday morning, the prisoner Hall
came up to one of the patrol 'taloned shout the burial
ground, and gazed in his f.ce, and then returned in the
detection he came, down Great Chapel Street, where he
joined his associate Jackson. The patrol suspecting they
were body snatchers, procured the assistance of analier
officer, and took them into custody. On oinating Jackson's
great coat, they discovered a spade ingeniously suspended
-round his neck with a cord, also a large sack of consider-
;able width iud length, and from the staints•thereon, it iv.s
beyond a doubt that it bad been in active service. The
iptisoners were conveyed to the watchbouse, where the
leunstable of the night found on the prisoner Hall two
;.bunches of matches, and a was candle, besides tars copper-
plate cards, the one hearing the name of " Mr. Henry
Feltham Orton." and the other " Mr. James Barnes."
On the person of Jackson, nothing WAS found but the spade
and sack.
The Magistrate called upon Jackson for his defence. He
said that he had been out of work for five months, and that
when lie aria his companion were taken, they were on the
road to Croydon to a Mr. Lewis, who had promised to pro-
cure them einployment.—Hall, who hail an impediment in
his speech, made a similar defence.—Magistrate : Who
found tapirs
is this " Mr. James Barnes," whose card was
you?—Hall :He ii the Pantaloon what plays in Harlequin I
sad Poor Robin. at Conenson-garden.—Migistrate
-ptay.wbo ig this Mr. Henry reltham Orton ?-41411
istrate
: Hess
an intimate friend of name, your Worship.-111a
What tilde or prof4slOl is be : He is a friend o:
What
: Does he live by being year tr ?
What burliness does he follow ?—Hall was 'silent upon this
subject,--Magistrate : Where dot* he live ?—Hatl :• Me
lives in Mirk-place, near Haggerstone.—Magistrate : Well
and what profeasi6ts.l4 he ? A surgeon : He is
reporter to s Newspaper, and attends the Houses of Lord'

and Commons.
The Magistrates told the prisoners they were not at al
&alibied with the accounts 'bey gave of themselves, i
-was their duty to' remand them for further:examine lot
and it they could wears the attendance of some respect
shle persons who could speak to their cithraeter, is a
probability it might serve trice: They oterirecizandeli
aI
cordiagly.