The Statesman.
London, England, 1815-11-28 00:00:00

, .
THE STATItS WAN-.

LAW INTE LLII6
Ali
Cod fit "OF CHAN c Ettlikirei;
• sdbuit. ittlllllll.L.
toestionA lhis ctise Was, whether, according
to the trde Willi and moaning of •the testator's will
aild'indicit, his personal estate was to be considered
srt nem* from the payment of his debts.
The cast had been argued with considerahle learn-
ing al the hat, and this !storming the Limo cuAtscu-
LOR pronounced his judgment. His Lord hip, in a
most luminous speech, reviewed some of the princi-
pal cases on this subject during the last century, and
perticalarly the case of lorctiticliiribin and O'Brien
(Ambler, page 33), w'ich Lord Hardwirke esit-
inihed Ma various antecedent decisiOns. Between

A

the time of that Learned Chancellor and the time of
Lorri Thurlow, great difference of opinion had pre.
ialleit es to the circumstances of esoneralion. In the
case of the Mike of Amager and Mayor, Liird
Thurlow laid Wet stress on the (bull which ap-
iolutial execntorc, wtin were else the trustees of the

- •
ing abseil from the Tower, attending his 'day at
Cariton.house.• The Court will grant a rule to
show-cause, and on the latter ground it may be dim-
cussed.
Mr. PARK added, that he had yet a technical ob.-
'jection to the arrest in this case. The Defendant
was taken on a Testatem Capias by the Sheriff of
Landon; whereas it was sworn, that the phce•where
the. Major was taken into custody was in the county
of Middlesex.
A rule to show cause was granted to be drawn up
for next Term, it being understood that the De-
tendunt was not in confinement, a bond having been
given to the Sheriff.
CRIMINAL INFORMATION.
Mr. GAsEl.te (in the absence of the Attorney-
' tr-

- -9 .
feel iritito ; but LOW Alvanley sfteed to have fur-
itisliorl tht' true principle on which future Judges
Aught To procPerl ; namely, Out you must look at
the zthfrir of the will, end then sly, are you con-
Vitoced(fAr you arehtot to nit en conjecture), that
the testator theaat to ezoneirate his personal
it ' riot ' to hr -ass words to ex.

Gametal) moved for a criminal information against
two Magistrates of the county of Hants. The facts
were shortly these : under the 53 Geo. 111. C. 67,
certain returns were to be made to the county Ma-
gistrates, of the number of poor in the United King-
dom and for non-compliance a penalty of 51. was

incurred by the Overseers of the parishes. In conse-
quence of the great increase of population in the
New Forest, and other causes, the Magistrates of
that pert of the coubitty, who used formerly only to
meet at Limington, for public convenience had di.
.vided themselves, and meetings of them for the last
fifteen or twenty years had also been held at

.
of one of which children took placbduting thepers.
dency of the present suite.
On the part. of Mrs. Morris, the wife, it was ten-
tended by Counsel, that there was a failure of proof
with respect to the identity of the parties, and that
Ann• Riley, spinster, was one and the same person
:hat contracted the former marriage and the latter
marriage.
The Court (Sir JOHN NicuoLL), after hearing.the
Counsel ou the other side, and making several re-
marks as to the conduct of the husband, was clearly
of opinion that the proofs produced in the cause
were insufficient to entitle the husband to the relief
he prayed, Hold therefore said it was bound, to &-
I miss Mrs. Ault Morris, the wife, from this suit.

DREADFUL FIRE 4r KE-VTISH TOWN.
CORONER'S INQUEST.
~ •
AToronee. Inquet was on Monday taken before Getman
Uondsort, Esq. one the enrorte•N 1"r the county of
. lnhabitants of Kensidk Town,

max, hisit's Josiy of the ire Payable
ast it kw of the remains of the late Thomas Cartwright Slack,Esq.
sod Sarah Sorrel, his cook-maid, who perished in the fire at
ICeotisft Towo, on Friday morning.
The first winless Pilled was Mr. R. Tate. jun. who deposed,
thathe was a resident in OW 4111111fe of his father, next door to
Mr. Slack's; that he was first alarmed by the cry of tire, at
abuts• half-pail two on Friday morning. He immediately pro-
ceeded to Mr. Rubinson's door. where be oharrved Mn. Slack,
her sister, and other f males. He had first entrusted the

It wits - n•Vestisry to have espy__ ....ome ..,
.
ernpethat estate, bat there must ba expressions tan. I Lludhurst and Farley. The Overseer of Foetal. are of his owe family to his ride-v. brother, as his father was
o of town. Mrs. _clack said that one of her children Moe
(amount to express words, set .tioat• the Judge could i 'named Lowly, not having received any direction slay mil hie; and all were ode hut that child. On hearing Mrs.
not ttristake the testator); intention. Neither was it Ito the contrary, mule his retorts under the 55th Slack screens. the deceased made his- appearance. bat ',beim
enough that the real estate was charged with the pay.: George 111. to the meeting of Magistrates at For- becamelo or n7 ll
railedne witness
1 'rn ei
rvs.4i„ . " .4):: immediately
at
e returnedlyrushed
tois 'if=
:Tient of debts; the construction on the will must be, • lay ; and the Overseer of Lindhurst, named Pearce, house, where he met one of his servants, from whom he suatehed
that the Personal estate was discharged.•' had made his return to the Magistrates at Lindliorst. a lantern. and followed Mr. Slack into the house. Mr. Slack
- Ilis.LOrtisiiip then proceeded to examine the whole The Magistrates' at Limington conceiving this to be gnetawilinttin,
a ..
chrinea light, for Ged's sake i'' Wittier f Rowed'
i awe of steps of the first lauding ; the smoke imp
of the present will and codicil, and declared, that an invasion of their- jurisdiction, immediately and 60 dense. that the lantern would not afford the least light. Wit-
‘ith Stich a degiee'of attention as he had thought it ! without notice proceeded to convict those two Over- sriiy.wmbuittellrely "a
irtted bil sawimoutoe' raenOlf rret rraeseeirt2l.
steressary In devote to this subject, he felt ii eon- i seers in the penalty provided in the Act, and two term;th. Thweeltiid bow.
O subse4e entnly rescued, bat it might be
rielfon It, his jivelleist mind, that' the testator meant iof them (against whole Mr. Gaselee now directed after the lapse of ito minutes. lie did sot Avow the cook, oar
any of the circumstances relatiie to her unhappy fate. Accord-
to exonerate his personal estatefeini the payinent of his application) find' signed a warrant under which
tag to opinion, 'ilr. Slack usast• Moe perodwd live astoutes
his debts. If he did not meta this, hfs wordsweie the proper officer had proceeded to distrain. afterwards from ,offocation. No exertion was wanting on the
ft uitle,s and rain ; but his jeordthip could not come Thecookr,_ however, was of opinion, under an- Pan ftheee'ghtsours, or any person, to render every as.ist-
once possible.
to any other conclusion respecting his intention. thority of the King a. Heber, in Str. 915, that a cri- miss Rebecca Gminge depoced, that she was a ward of the
--,-wspW.-- • urinal information could not in the first instance he derw.serl, and a rpsident io hiS house ; she was called out of her
•
. covicr,lir Ittrfirs ligNCfl, Nov. 27. granted, but that the convictions ought first to be !room at (..he sets. informed) about two o'clock on Friday lima-
Ilig i Met immediatelyr went to the nursery to the children, and
• NATsOW of siatt.LAW. . . brought before them by Certiorari. Only legal •coe-that the chimney. was on dire ; she took
'int DerendMit isMyijor'er the Tower of Tendon; roption was imputed to the Magistrates, and it was i use of the children in her aro:, nod proceeded out of the
ind,fit the aliketread she. of Moira Governor, fit that they should have every fair protection. It 1°1"e t she weot to Mr. Rohinsoe's. aud went into the bed-
roma. where *hefty Mr. R. ; 'he did not of her owa knew.
ii.d, -or General Loftus, Lieutettant-Governor, the might appear that they had been misled. i ledge know where the child was that was missies ; she did not
duties of those two Officers fall upon him. On the 13th : 'elm &ISO V. T. S. CHAMPS VS, ESQ. JOUZS wesT, AND '. know who saw the conk law t the child's ter and' areas were
scorched, but her shift was not so much as singed; there was
Nee: Ate Defendant ettended the Prince Regent at v. ATK I NSO N.
: sorting before the 'auntie-% fire, no clothes nor any thing else
Carlson-house on ptiblic !rosiness, having been so re. The first of the Defendants is a gentleman, reside hawing to air •in the course of the preemling evening theta-
. tee
/1id5...6; he there saw Col.. Mlaltort, and having ing at Orchard . Rouse, Somersetshire, slid the mily had been'burning !lame green wood in Ilse fire, which oe-
two last are his servants. They had been found e jstraset:i a stientssilille oikt eium
wt roer
o,ptutto,the7hethocoorgustitturnoort: ,
accomplished the purpose for which he was summon.. new
ea, -Ite refer:lettin it. hackney-coach to the Tower: guilty at the last assizes, of an assault upon John tire : Mrs. Newell told them to look if there was any Grey
just as he was alighting end before be entered the' White, a Sheriff's officer. It appeared from the notes to
yeadidai azdmitheruetrtetroiztlsieg of the kind ; thet famtily re;ir
Sper gate, he was are at the Suit of the Plaintiff, :of Mr. Justice Bailey, that on the 28th October, chick to' g; :down, and" L:attwarillthe Gres weren custom
before he
.'
i I*ll4, Wliite, with- his follower, went to the house of
by an Officer to the Sheriff of*Londoti. retired to rest; there was oil VD Insessally Jorge ere ors the
precedisitg veining in airy of the fire-places that witness was
.-- Mr. PARK moved far a, rule to show cause, why ' Mr. Champnys, wills two warrants for the sum of i
the Defandent should not be diScharged. Ttst. first 3001. It was evening when they arrived, and after aware
'
i Thomas —, was coachman to the deceased. aid gori.is
..
ground ins hid. erae, that the place where the arrest being detained two hours (doting which time some ,Me attic story. lie and thepardener were called by thic(et=
hid hein made iris's privileged, the tower of London life bed been given them which sent •• them to sleep), ti ter at about• lase o'y Nay morning, mad informed
White was introduced into the dieleg:roisess milli,. I waste Are toti:.
iinouse. itness immediately came doweceed
Wag' a Atijlif palate, though the lase instance of tag-parionr, and there was a &cattier..
the residence of any. Sovereign there that r , waspwas stela
he gave the warrants to Mr. Champlin wt i• bamishlenceselire-pluce, sod it working tow ifirget.
9 ' T. - -.'• l' titian Which divided the din' room from the drawing . •
(teems Elizabeth, in the tornmeaceinent of her reign. the officer that be was dearth, and threw them he.
--i it was not thee, in diner. They down to the kit en top
It was considered as a Pia! Palace by Losd Coke twirl" he- White tried Ot mat* *my Inelalitf• . "tater, late ottAttei* tenon) they mold row /let into the mote at
(1 irsist. 14b),..in the case aa- man who had killed 'Cliampuys knocked him down and futile '-eite fhter die • TArre "a" hole ed."' 11"; chiemrieyein the
gi eeitilarged :II"
Another in the rower, lig knocking him en the head in his face which drew blood. The series*. ta (the too beam ofn
the ptiarlonrctil'elgvni4iti.taoththeficrhinsoneri Y originated
cambia;
'With a billet, and being fodttel guilty, his right hand ' Other Defendants), entering, Mr. Champn) s order- Bre. Mr. Shack t;ieo unit to the door, and cubed out -Wa Main,
• • - e "and told them for God's sake to too u
liar cut off for the misprision in the Royal Palace, ed them to turn the officer out ; they threw him out ae:11 s'a',keltrhe'fansaily. Loth witness and the ride these wen
before hi was executed for the murder. Lord tiolt, of doors with great violence, and their -master, Who ap stairs Ihe the family. Thefensales were ahogetber outhe top
however, in ' Elilerionrs case, iu Lord Raymond's had struck film several times, with oaths ordered them fifth
..,landi"g",r,..isce•iwit.,‘"l..."l"cd met-slack and the children
Oeporls, had doubted the authority, bolding, that to of him into the pond gad drown him, for he was iavr, atilrsilten-Wen'tlna—Am"letZialten'sre.alliienyibtic lane
retai
the misprision was merged in the felony. The arrest, a 'Magistrate, and might dq what he pleased. fte round
or the fumity,"eind mimed the blast Eliza and the cooks
'however, in the present case not having been effect. also told them to' chain White to the minger with riacr.rilarekliecalled,.
Nor: jo
Tar w thet child was.found I a d Mrs.
id within the walls of the Tower, it was necessary , toe'horses. The officer ass obliged to beg ter Kis ble to be rendered by' the issipilmeatiunerornjater. Mere. rri:escsk call-
to show that it was made within the privileged pre- life, and was su much beatea.andiaraised as to be on. Id for aftert,.and wool; into the house. Witness did not see his
• • • .. r that. Ladders were then applied to the wit:Wows,
ducts. For this purpose, Mr. Park was provided . able to execute his duty. . ' • ,i sad witness we:elided Ind burst open the shutters, and beard his
*ith affidavits. stating that the Officer whose duty it ! Mr. Cliampnys, at the trial, addresSed the Jury int- master calling sat fur Iselp, and the child. The nice appeared
hat] been for many years to_ attend to the paving of his non beftelf, endeavouring to show that the ufficer,ll,,o be I. the lapper part of the house. Recalled out '' For
pm Triwer; hod uniformly paid for paving a distance , who was much jtotozkcated,thad committed: tk;e. firit -I,trr
io..*nfr.,Unieme ' ea1te."..7.: wdroess ats Lbetotaph him that
the
Of 15 yards. beyond the gate where the Defendant had assault. tie this day; on Heins brought up far Seal.. the child was on the stairs, in the front part of the house. The
been arrested. In the ease of Lord Ferrets for the orient, produced' many affidavits, which proved, that child *
ebei rmassb/P.'“'W width': "air! about seven steps eV: Lewis
murder of Mr. Johnson, as given,ia SO.: liargrave's White red his follower had been drinking from more. (sew gave way, :id witness
followedi-lin :PTO his copies ; eliwi;fits.
edit:of ilib' Strife Trials, the•wartairt of the Lieute. ing to night, when they.came to execute the warrant. • pulled him, with the child, out by the shisnidars, and supposes
nant of the Tower, was art eat, in which he was re. Mr. Charispilya afterwards read -a sp4ech in mitigation iistisaetrh: hi
norliraremitall'an'ee-
y nhenrstalada4.nglsoTt=pilaithelrtZe.-*kit-
quired to bring the body of Lord Ferrers 46 to the of punishment, but on the recommendation of the cites chimney, which wen% through' the parlour llo7r. : Witoes
usual place without the gate of the Tower of Lon. Court, heard thecook say .5 Want le,the matter r but knows nothing
..-
.
&tn." It was also sworn, that the
ail
Tower had the custody and care of the ainioury, re- that judgment should be postponed until this decision viewed-, (hexed from the ruins ; they were about there" felt
gall°, &c. iof an indictment now pending at the prosecution of asunder. There was an iroaing.stove. but net in the part of the
ussoe:ehere
.tstct.too.kaiptouwne.d
n'tfliethb:edey,i which was $101104:1
Lord Et.r.enfrottoeUtt." DO you contend that he, Mr. Champuys against the officer, for the assault house
carries with him a 'personal privilege from arrest 'von him, mlis wry
i witness conceives he fell, after hanging on the bah te t. he
i most have been a mere thee.
wherever he goes " i r'—.
- ~ klaihias Archibald Robinson. deposed,Nil. that ht liked
.-__

Mr. PAltliwas about to proceed to establish that
point, and referred to a case in 5 T. It. which re-
garded the 'arrest of ad inferior clerk of the kitchen
of the King's Palace, in which Lord Kenyon had de-
cided in fainter of the privilege, as . being that of the
King, who had occasion for the attendance of his
servant, mid not of the servant himself. lie also
gptoteth a late case in 2 Taunt. 167, in which it was
held by Sir J. Pdattafield, that the King'e coachman
tad -4. personal privilege on the same ground. Mr.
Park therefore argued that, a fortiori, so important
an officer as the Major of the 'rower was privileged.
. Lord lita.streottotion.—ls there any case which
goes the length of establishing that the commanders
of the King's sties, garrisons, ands forts, have a
personal ex on? If the Defendant' bad been a
menial or yeast, whose attendance was re-
quired upon Vertigo, he would be exempt both
441;
iii reason and by authority.
Mr. Pima submitted, that the case he had laid be-
fore the Cpu!t was much stronger than that of a
monialaervanr.
Lord Priannottooco.—iiis absence would not he
a personal inconveitience to the Sovereign, as would
be the case were he deprived of is body servant;
though the coachman was not of equal dignity with
the Defendant, yet the lisconvealiuce or his absence
would he greater to the King.
Mr. PARIS we'lltati CO show, from his affidavits, 1
that the Major was not allowed to leave. the Tower
...Mims. • virrraist front' the' Crotan.
Lord ELLsmnottoccii.—Anti if he had remained
within the limits of the Tower he would not certain-
ly bare been subject to the arrest. •
t Mr. Pent said, that he was ordered to attend op-;
in the Prince Regent at Carlton-house.
• i
Lord EtaArefsbliOUGH.—•Then you must put your
• caw upon anetbei ground than that of personal es-
*Dyck'', 4 hkirliwleovild carry always With him;
you mast say that he was privileged from &RV; be-1

ARCHES COURT, DOCTORS' COMMONS, Nov. 43. 1 veil draw Mil nee,' the dirceasei. and *limed by a, knocking
MORRIS AGAINST GoNMAY, FALSELY CALLED nt his door, and nnging nt the hell' at about two o crock on
; Friday moruini. On his getting op, be foetid. Mr. Slack, with
MORKIS. the tamale pni t of the Cosily. and some of his children, at his
This was i suit of nullity of marriage brought by door. lie took them in, And after he had rentlated every; assist-
-14 r. James William Merril', the husband, against 01 fain. tho„liihrf:inft.e'r"tirtiet tfloretiler horse.
commenced. "I.l;siertehenwtititereotq:aver:isa.
Ann Conway, falsely called Morris, by reasen of a heist in the kitchen. The parlour way in namev. He had an
former marriage. It appeared from the libel and the: opportunity
nard tof e
orxamioiog, nod is convinced that the tire oat
evidence produced in the cause, that a marriage wee IIc;e kiiclienolleCilientihae...rarkelintif
mtheititrti:gduroxovmn floorp gt.ingwainiteto
had between Mrs. Morris, then Ann Riley, SpillE4l, mirk. hate extinguished the fire; but certainly lint then, I! •
and John Conway (a carpeuter by trade),. in eh. 11.114 w
am tanri"„ :at that h'elf 1'111: 4.141‘ ck:l6:4llrib"er"l. "it"
11141W';tte
year 1804 or 1803, at INulee in Ireland, which mar. plainly diOlt.gui,,i Inc. vere:mi% of II: tiwkstanintd". hciLedeomkkr
riage was performed by a Catholic Priest, according Stark cry one, .. where is Inv child I" He •ovv. Ihr ladders
to the rites and ceremonies of the Roguish Plumb, raisedie
alto trheffi:thirliint:t.
al lber toorvohurst out at', the back win-
tioth the parties being of that religion ; that they co• at th*.e back part of tiltie heitOt-e,aland iinti the. tollei:alrfirlel tlikleclitill
hahited together as . men and wife for four or bee wio re.cosed L% ‘Yebef. Witness bruoglit his garded eurne,
of his tire,
siesta with.nit etre', Every wainnuce that could. passibl3l%e
weeks, when John quitted the society it reed by the neighbours was given with the greatest aliments
and came to London ; that finding he could get no and prmatilitude. ,
employment in his trade, he went on board a mer.. Joseph seetton, Esq. deposed, don he was a residead'in
; cliatitmen, and mode three or four voyages, one of wiCriretti,""(Tl77; He woold.lense oat that part of hi. loutowcy.
which was to the South Seas ; that be was afterwards %-iii w !land con.tino: anmehri;riVi.topfalrtrweere;4l„eromtt, ntilmen;
impresied into his Majesty's navy, and was an board or..,,m‘ri• Shark, n% P"' 011,1),11-rti. Ile fraud th,earrlaur on tire,
'll
his Majesty's ship Christian Vll. and different other :j7ch'il'a.'")l7."llo9nwustiehti.in„.l4ith:telchluerit Strcicill •irdamir vcribr44.
ships, and went to the Brazils, where be run away *terve**, and' traced the cry front the se.eole!id to. the first Stirottnet I
free) his ship in March, 1813, and came again •Hs He himself. and another Genii• hien, named Goodeve. asteloptelk,
London • that being is a hail state of heolth he wee flii;;;;;;e::::ebohildui;,,huaft iitipi,a..erpa",a,,l,l:;. ittetrir,!zt.:. '',llw%;:iii,Z
admitted' into the London Ilospital, and died these ishich, by its leash, he concluded to be Mr. Slack's body. Its
'
on tbe 31st of December, 1814. That the piety in fgetiltVnl:llelartisr the child nits rescued ;it was a mere trunk
d „„, 14 most a einike. . -1
i the cause, after her then husband quitted her, also This was all the evidence addueet, nod the Jury retarged pi
came to this country, and went into' servitude, aad verdict—
s, lett ceine to live in the family of George Mostly,. That %rah I
gaga' came by leer disth accittenwily mod coda
f'.lq. the father of the other party
in toe cause ; het lait‘H°l
by
ii
4
'Float Ykol:tas Cartwright Stook, F..q
in
February, 112, 1 =triter!, leak place by Heenan: like manuer, and in an endeavour 'tti. rte.: Ile his h'illf 'len,
"1
in
in the parish church of St. Giles it) the Fields, bib. i term liam the ere. iii
IL'
child
, 1
tween Mr. Jas. Wm. Morris, end Ann hie wife, eel! The Rewi_ _Mir' Whet, brusher-in-law the deefilAed bP",4l,__l
,__. , leave to thank the .Inry, who weer hi' Itt`i '
own, for fowl
der the same of Ann Riley esti t , fib er, although sue , prompt nAivonco no•
oit dh• f ' . .tc eat I. onoly wire rendered and
I • •
lllNls:kto,wit. by the name of Ann Cuuway ; that they ' for
~,whiicht to ilk Latest periml, of their lives, they twist' erelJ
efshabited together at mass and wife at various places, ell."''
' Iparticularly at Ilam C , ommon anti flounslow Brow .
ricks; he being an Olicer in. the .Dragnourt, and. Isle The-nnireprtire ;*,tier, a the tf'Power,
is ordered
had issue by that marriage tsyre childree, the birth Ite be paid ptispmash. ie. tie saki. - • 1