The Statesman.
London, England, 1823-12-17 00:00:00

TitS

uhutioveraars. and brad Rev. Samuel Mentz, also yaw
of the defendants, were read et great. length, by Mr. Linotri
, sad Mr.HICLIBUTATit, as Junior Counsel for the defendants
,sheivings that no ineovation bad been introduced ti!'
• diem:
Mr Hoene appeared the leading Counsel on the part of
the plaintig, and recapitulated the facts stated in the bill.
'He efutteuded, that it was fully proved, by the
aneicat letters pati.nt, ordinances, and instruments.
what the real intention of the original founder
of • the Charity, .Sir Roger Chclmondeley, was.—
..M.4ld not mean •to impute any thing to the Rev
which, in any way, might be deeded dis-
mal/Intent. That gentleman had been appointed Muter
44'. the tiovernor and Wardens, but lie (Mr: Horne) con-
tended that Mr. Mentz, did not perform his duty as was
intended by the founder.. Was it, lie asked, ever intended
that an ignorant sexton should fill the place of that
gentleman, and instruct the children in the school as well
as dig the graves for all who died in the parish ? The
rules and ordinances of the school drawn up after the
fouader's death were mast clear and decisive on the subject.
By these, it was expressly directed that the master should
norabsent himself from the school more than for ten days
is the veer. As a proof of the original nature of the
school, h was iu evidence that a classical library was an-
nexed to it, and it was plain beyond a doubt that it was
intended that the scholars —should. receive a ittlemnitafical
and classical education: The Trustees of the school could
not now alter the destination of the funds, and they, were
imperatively bound to execute the trait as was originally
intended by the founder of the charity. With respect to
the Chapel of Ease, It appeared that by Letters Patent of
the 19th of Elizabeth, It was granted in fee to a person of
the same of Farman, and by him it was transferred to
this charitable Institution. The Clergyman sow ap-
pointed Master of the School had wholly neglected the
school, and had performed service only at this Chapel of
Ease. The Learned Counsel proceeded at some length to
advert to the instruments proving the original nature of
this chapel, and stated his opinion that it was one of those
monastic relics, of which there were so many at that
period of our history. His Majesty bad taken possession
of it, deeming it to be the property of the Crown, and
though the letters patent it had been conveyed to this
cliarkable foundation. •
The Loan CHANCIMLOR directed the further airgnments
on the case to be continued to-morrow.

VICE CHANCELLOR'S COURT.—(Yrsernnar.)
The Vice Clikiccni.oft took his seat on the bench at a
quarter after ten o'clock, at which time there were but
three gentlemen of the bar present. The first cause in the
paper being called, and no counsel appearing in it, the
whole of the Causes were called in succession with the
same result, no counsel appearing in any of them. The
Vice Chancellor kept his seat and at ball past tea, some of
the gentlemen of the liar haring come into Court, men!
tinned what had taken place, and his hope that it might
not omit-again, and ordered the paper to be cancd over
again, beginning nith the first cause.
•
COURT OF KING'S HENCH.—(Yerrencr.tr.)
QUESTION OF LAW RESPECTING FOREIGN STOCK,
OR PLEDGING PRUSSIAN BONGS.
GOKVIEIt V. MItYILLI •NU'W.
. .

This was an action to recover 4,000/. Prussian Bonds,
lodged by plaintiff with Messrs. Agassiz and Sons,
bhnkropts, and deposited by Me:ors. A. with the defend.
ants, as security for money advanced prior to their
.bankruptcy. Nothing was said to defendants of the bonds;
or whose they were.
The main question was, whether Prnsdan Bonds were to
be held negotiable securities; if not, plaintiff wonld recover
by trover.
The Loan. Com Jvtrrice said, there is 'a question of
filet, which I shall leave for t Fe Jury, whether Ske gefenddlite
kedw the boods north he the property of Memo. Agessix
acid Sons. If they believed them to be it their ilispoesl,
I am of opinion that the bonds could be negotiated.
Verdict for the defendants.
• Mr. SOLICITott GENIIIRAG obtained leave to move the
Court on the law, whether the bonds were negotiable,
for he thought this was extending the negotiability_ a
degree farther than it had ever been brought.

SECONDARI"S COURT.—Tuaso

lUPORTANT CASE OF lIRRACH OF CONTRACT.
lIIAINISVORD v. CARROLL AND OTIIKAS.—This Wss an
inquiry for assessment of damages for injury sustained
by the plaintiff, in consequence of a breach of contract.
Mr. WILDE said the case was one which involved a
question of great importance to commercial men. The
plaintiff was an opulent cheesernonger, residing' on Litigate
Hill, and•the defendants were respectable Irish provision
merchants of Waterford. In January. Het, they con•
tracted with the plaintiff to deliver to him IS tons of bacon,
at the rate of 325. per cwt. at different mimes. One ship-
ment was to be in January. another in rebruary,• and a
third in March, 1822. The price of the article arose
considerably, and the contract was not performed. The
question therefore was, what damages the plaintiff had
sustained by this breach of contract ? It was contended by
the defeodant, that the plaintiff was to receive no more
than the price the article fetched in the market at the
time it ought to have been delivered, but the plaintiff
demanded the price the article would fetch at this the day
of 1,41.
The Learned Counsel on both sides cited cases each to
prove his view of the matter.
The SECONDARY was, hmeecer, of opinion that nothing
had been brought forward to controvett the authority cited
for the plaintiff, that in law compensation ought to be
made according to the price of the article on tie day of
trial. The increase 'Of the price at the time for delivery
was Si.. per cwt., that at the present time was IS.. with a.
deduction of 4 percent. for carriage.
• 'lime Jury returned a verdict, assessing the damages
according to the value of the article on the day of Wei—,
Haulages, .256/. •

PIMA CM.
„ , •
niTTON Omtptere—riontas nonoteny„, tne NS& -iv....
shot his wife,waa yesterday brought op fur re-examtstititin.
On being placed within the bar, Mr: Sergeant Mellon, the
Sitting blagistrate, humanely informed him, that his wife
was yet alive, but the Surgilin had *My slight home*. or
•
-her recovery. Tile ptlsoner,ewho aerated much affected,
respectfully thanked the 31agil.4trate for this communica-
tion.
Ellen Millbarn, the danghter of the aunt, was brought
np as a witness, and stated-that while the prisoner *as
drinking tea with them on Monday hii wifeeanie in, appar-
ently sir $ plasion, amhexclaimed, You might as well
ha*, lit the fire and. goims some tea." She then went
out, fullowril by the ptisoner; shortly after the report of a
pistol, was beard, an .1 the prisoner rushed in with great
agitation, crying fur" tiod's *sake come in aunt; I fear I
havidose mischief," Witness's mother accordingly went,
and tea: followed. by the prisoner. In shoat a quarter of
an hour he returned, soon after which Mr. the
surgeon who had beep called in, sent to know whether hi
Mould wish his wife ta.be rent to the hospital ? He
ed, They were.to-di the: -best they,conld with her." Ha
kept pacing o and ',pro the roosis..iiilit appirifid*:ijaitite.
stracteti,. at intervals exclaiming, 40, iat dgar ;life ;
**ire! My child! Why aid yen teettie' siva ets'alattgfAji? T
would have rather last 20: Nets dad Ware hitetW
tdka care of my child.'
" ,Mr, Sergeant Vituosietras lilt lettered teispesta.
Witness—l did not think her po:bot it'xgtatrOlag.
•etahn. filltettti never hedfrol'fione the pilkitseiei:o4id'.
kautOirbetldaettti ;Wet went' off artidetitaily Ur* teat:'

At the close of the trarnitnityon_ a penises present handed
•in a written paper, which was undentood tp be a state•
'tent of seine eficiraistinies he hien bf the matter, and'
thopritotter wro retinatied Jill tomorrow, when this lan',
evidence will be received. During the examination' the
prisoner covered his' face *with Ms kande, and ha' sitemiel
.deeiesellictiom - -. ..! i
M•RLSOROVIIIP-PTRlET.—Yesterday a men eta
appearance awl meaner', about 40 yetis of .1 ...WM'
brought to this office apse. a charge of stealing a trattslible
Cone.pioce. under the following eireumstanceti—lie at
Ain, gave his name John,Morries; bat on being searched,
aid, a letter found in his pocket, addressed Loris Mortise
414fietel. Req., he acknoielesiged that this latter was his
r.:AI TROOP.
A porter, in flee edtploy of Mr: Abbott, the auctioneer,
I I Conduit-street, stand, that be was yesterday morning
clanged with others of Me. Abbott's men. in subinittiog
to public. Otter, the iarnitere of a house in Cleveland-coma,
where a sale is to take place this day, and among the
number of visitors was the prisiner. who inspected all the
furniture in the different apartments ; bat be had seareely
quitted the house after doles so, when the tritons missed
the timepiece produced, tiff floe draiviagwoom chimney-
stand; and having seen it there only a minute before the
prisoner left the room, be iertandrauspected and pursued
him into Si. James's Street,. where lie tame up with him,
and took the time-piece from ander his coat, where It was
concealed. He brought him back to the house, and give
him in charge to a c.onstahk..•
Op being asked by Mr. Covere, the magistrate,' what
he hail to urge in defence of this charge.
The prisoner, who seemed deeply affected at his situation,
said that he was driven toiler commission of the orbiter by
the most poignant distress and the most intense suffering
from hunger, not having tasted food for nearly two whole
days. On being asked to give some account of his way of
life, he said that be bad been for several years aa officer
of dragoons, and bad been Aide de Camp to hisoncle,
who is a General Officer in the service. and is married to a ,
lady of as high rank as any in this country. Since the
peace, he (the prisoner) had been in business at Liverpool,
in partnership with his father, an extensive merchant there;
hut being unsuccessful in leis permits, he has latterly been
in a state of great misery and want, and wee induced to
take Ithe the time piece to raise as mach for the mo-
ment as would procure him a meal, and intending to return
it the instantlie could release it from pawn. lie hoped the
magistrate would overloJlt his offence, or at all events admit
him to bail.
Mr. CONANT said that he hail no power to do either one
or ',the other. lie an, very sorry t. see a person of his.
connexions in so disgraceful a situation ;I, hut it was
his (Mr. Conant's) duty to commit him fn trial. He was
accordingly committed.
Quavu SQUARE.- CLIMBING Bork—Yesterday afternoon a
little sweep, not more than eight years old, named John Lang-
doe. was brought to this office on a emu's back ; he was una-
ble to walk on account of his legs and feet being sore and
diseased. from ill treatment. He was placed on a beach before
the Magistrate, crying incessantly, and his naked feet were
streaming with hlocd.
Mrs. Morris, a lidy residing in North street. Sloans street,
stated, that between IO and II o'clock the pit ceding sight, she
heard there was a poor little sweep boy sitting cry ing nu the
step ore door in the street, and was so 111, that he could not
stand ; she therefore sent tee of her is with Instructions
to brio, him icto her house; atte here gave hill some food, and
made him strip himself, when she discovered that his whole
body was covered with ulcers. She aetertsined that he had a
father and mother, the former had been in the 00th Regiment
of Foot, and was now a Chelsea Pensioner. About 3 months
ego, they took him to a eblemey sweep lit iii; at Knightsbridge.
of the name of Mitchell, where they left him, after kissinghla,
bidding him good bye, and he had never seen throhliice.—
Mitchell; he slid, was in the hairtt of behaving to his ,iii the
most cruel manner, and forced him to wend chi Guys Which
were so narrow that he eouldfet WV hp them, and if he refused
la was bran tilt be did go, odd and ran away in emiseqsenee
of tots 111 treatniento hies. Morris said she had brought the
child before the Magistrate for protection. A person present
said he knew Mitchell, and a few days ego employed his X 9
sweep a chimney, and because the little object could hot get
up on account of hit knees being sore,he let down his breeches
nod heat him unmercifully. with the brush.
The worthy Magistrate. whose feelings were deeply' afreht-
eid., desired the Clerk to dispatch* letter to Mr. Correll, the
Vestry Clerk if Chelsea parish, requesting that the poor child
Might be taken proper case of in the workhouse. and to receive
N iry surgical aid possible, and that steps might be taken to
prosecute the master. .. .
During an iovestigatitto 4oto the circumstances of a
robbery on Monday.- committed lay • a servant named
Caroline Price, .upon her mistress, Mrs. Ayres, No. 73.
Strutton Oround, West miuster,the sitting Magistrates learnt
that the prisoner had been set at liberty during Saturday
night from the watchlionse, and there was reason to be.
lieut. that improper liberties bad been taken with her
while in the watchhouse. Under these circumstances,
Mr. Marklaad directed the night constable of St. Mar-
garet's, Mr. It. Allen. jeweller, of Bridge Street, West.
roiister, to be summoned before Min. -
Mr. ALLEN, yesterday, appeared before Mr. WHITR and
Mr. MARKLAND, the presiding Magistrates, charged with
improper ronduct on his duty.
his the evidence of Robert Patmore, a constable, Joseph
Liihgow, a watchman, and Itoliert tireenhill,warden of the
watch, it .appeared that on Saturday night, about eight
o'clock, the prisoner Caroline Price, was given in charge
to *Patmore for robbing Mrs. Ayres of a gold ring and a
silk handkerchief. Patmore took her to_the wittchbouse,
and the charge having been entered, she was locked up in
the bole, and the key deposited In its usual place. a cep-
board in the watchbouse. About nine o'clock, Mr. Allen,
whose night it was for duty, went to the watch house, anal
was informed of the girl's being locked up on a charge of
.felony ; be was also shown the charge in the book; he
requested to see her, and the door was unlocked ; having
tom her, she was again locked up, and the key as usual
•deposited in the cupboard. A little before twelve, three
oentlemen called to see Mr. Allen, and remained there ;
-there were then those three gentlemen,. Mr, Allen and
',Jcitelep, , the beadle. At two o'clock on Sunday inern-
Jag, snottier woman was brought in by a watchman, but
.:, the former prisoner was sot then theme; she was rc.takea
, on Monday morning. • • . .
'... enkillhe.Plites ilth paean,. In question, deposed. that-
while she was in the watch house, she was supplied hymn
of the geatlemaikthere with oysters, bread and butter, anti
porter. That betwien one two o'clock in'Abe morning
the dooe was opened
.hy the same gentleman (a tall gentle-,
man, Mr: Allen being very short), who told her to follow
hive and maim liastchotne ; she followed, and when outside
the watchhouse he gave her a shilling ; they then sepa.
rated, and she ran away.. : •
.
Mr. MaaLalND.—Now, girl. you are on your oath.—
Were any impleer liberties taken with you I
prtannee—tdene, whatever, by any one.
Mr. Allen said tbe three gentlemen called on biro, and
remained coaversipg in the watchhouse. They expressed
a destetto hare some oysters. and accordingly sent out
for Mete:. The• gentlemen. teem ready to come forward
and 'tette that nothing
.improper took place. lie knew•i
notbiag
.about the escape of the prisoner, or how the keyi
was Obtesoed.
la baswite to a question from Mr. Maawasap, Mr. Allen•
tiid' he was constable in hie own right. ...
.1
Time Magistrate then convicted him in the penalty of4os.
rut, coals. .- • . . .
tromp' Heat,.—Yesteitlay Joseph Kiss' wad.brottliJori
(Ore R. J. CRANIUMS, Esq. xharged enth. the •fa tallg
*non of
two beiiirt Y tia—yllitrifoleve p4ittik:s4i!autteiktisittio!ciiviflehlign
wee
fof ng along the:Dover Road, when lama, suddenly attacked
y themperisonee sod three other teed, who foreetl•iitinia,
erchief into his -month, leoleted him obi Olaf sbudldes*,'
end -corried. bit* kr *liaise. Its • littate-Bear ealdt its,' teem '

.1

• _

street, where they took htertapiato a room on the first Aare
and snide hinifbat tb a bedstead with-atone. ',Vb.!. Ai;
the prisoner, who ,irsir the mem active of Arran., pane,'
out a.krilfe and tut the elothas• from his back with Ouch
throsions hasv as• to inifict several 'yery.severe wands itk
different parts of
•then pnlled the bate
and ...smelling, otitis legs, and oll'wetrt down, hviing, him
tied firmly to the bedstead, nearlsoniked. One of the men;
on leaving the- rata void. will MA up a hammer
and knock his brains cr.!' After they Weresone, he
served a knife At some diititisee from him;
sand, it jtr,at
exertion of strength, be succeeded in &eaten, ,tbe 144
stead after him, and getting porsesSion of it • With thit
he out the ropes, and 'made his paean. out of the Ringo".
The clothes were produced which he wore on the day la
question, and were cot in rations places. Stakri added;
that, on extricatirg himself, lie.raehonse to hit
house, and that evening ilcassmithe tire ofileer, s as inform.
ed of the outrage, with odeseription of the ofranderr.l
Mrs. Stakes gave evidence of the wretched condition ib
which her son came Lome that evening, with 'tamely ear
covering upon him, and part of s rbpe tied rand his throat.
lie had several ruts on his arms, thighs, and tekk' Oran-
' with, the consiahle, from the description lie teceilrid, sp.
peeliesided the prisolier at a brothel in leeit'striet,wheras
be (anti Win concealed in a cupboard.4-41e hiss Amy
committed.

Paceantsst—An Appeal highly important to posit*
•office{rs, and to payers and receivers of P.mrs Reek tws
heio.by time of our Judges as to the practice of oine
money, instead of Wont to applicants far parish relief:
the case to Which we allude, the parishioners trfnard'hi.
allow the Overseers the money they had allowed to ame
bodied 'supers, instead of giving them work; and th;
Judges appear to unction the parishiuters 11 their refusa.
Mr. Justice Bayley observed—" In the parish where I Her,
an 0 found a hundred applicants a !is" for relief ;:
he set the applicants to nouna oyster shells—and soon ih.
tninished their number." Another case to tt hick we would
request attention, is that of T:Kinglon ;.anti ar would
invite "whether any paymaster can legally detain the
moment of the rates, as a set off against monies due to hist
lota the collector, cr pith% Aflbeers.r'— (Ifriatol3l. e ,rpy
A itTI nes OF a raI:PSIL-14 WAS lately disSevere.l th,,ta.k
oldman, named Stanley, had for many years been mot.
ing permanent relief from three different parishes in
shire, having gui:ed each parish Into a beliet that he nal
tattled there.