The Statesman.
London, England, 1815-05-13 00:00:00

THE STATESMAN.

LAIP INTELLIGENCE.

COURT OF OF CHANCERY, MAY 11

ANNUITIES.

COWLAND AND OTHERS V. HAMMOND AND OTHERS.

This singular cause came on upon further direc-
tions this day, and was argued by most of the Bar at
great length, being retained for a great number of
Annuitants upon the estates of the Defendants' an-
cestor, who was tenant for life, situate in the several
coo nties of Middlesex, Surrey, Cambridge, and Here.
ford, to which the deceased was tenant for life, and
died in 1810, leaving the annuitants unpaid to a con-
siderable extent.

Among the annuitants were—Sir Charles Coz Hips-
ley, Sir Charles Blique, Sir Itichara Bicknell, Sir
John Cope, Mr. Dubarree, Mr. Driver, and Mr.
IViMums who was receiver of the estates for years,
and stood charged with giving an undue preference
in payments to some of the creditors.
The Plaintiff being the widow, and a personal re-
presentative of the first and principal incumbrancer,
filed her bill against the above, and many other an-
nuitants, who, by their respective Counsel, prayed
for references to the Master, respecting the priorities
of their claims, which, from the complex nature of
their securities, became one of the most perplexed,
and apparently inexplicable cases, in the marshaling
of such claims and priorities, ever agitated in is Court
of Justice.

It was endeavoured by the Counsel for the Plain-
tiff to marshal the costs among the annuitants, as
they were generally in possession of the subjected
estates, instead of fixing the Plaintiff with all such
costa.

Ills HoNoun, with luminous intuition, gave a
concise and clear judgment on the seemingly con-
fused maze, granting the references prayed for at the
costs of the Plaintiff, except those of Mr. Dubarree
and Mr. Driver, who had failed in their claims be•
fore the Master.
Further directions were granted.

COURT OF KING'S BENCH, M•Y 12.

THE KING V. LANE.

This was an indictment for perjury, at the prose-
cution of Mr. Birch. The parties were both sur-
geons and apothecaries, and the Defendant had pur-
chased the Prosecutor's business, at Pentonville, for
5001., for securing the payment of 1501. of which
he had given a warrant of attorney. The Prosecutor
entered up judgment on this security, and the De-
fendant obtained a rule Nisi to set the judgment
aside, on the ground that 101. over and above the
legal interest had been taken by the Prosecutor upon
this warrant of attorney. Upon the Defendant's
affidavit to this effect, the present indictment was
founded ; and the Prosecutor now attempted other-
wise to account for the payment of this 101. at the
time of executing the warrant of attorney ; but the
Court and Jury being of opinion, from the facts
which carne out on the Prosecutor's cross-examina-
tion (viz. that he had made out a list of patients to
hand over to the Defendant, many of whom were
dead or removed, and some of whom had never em-
ployed or had ceased to employ him), that the Pro-
secutor was not that uttexceptioaable wiusess wpm)
whose testimony they would be warranted in icon-
victing a man of the crime of perjury.
The ATTORNEY-GENERAL, for the prosecution,
gave up the case, and the defence was not further en-
tered into, the Defendant being immediately found
Not Guiliy.

COURT OF COMMON PLEAS, MAT U.
ANTOINE V. SIR J. DIORSHEAD.

This was an action again Sir John Morshead, upon
several Bills of Exchange, amounting to 31471. drawn
by the late Sir F. Morshead, while a detenu at
Verdun, and accepted by his son, the present De-
fendant. The bills were drawn in favour of a Mr.
Eatwick sod others, and indorsed to the Plaintiff, a
Banker at Verdun. It was stated by Mr. Serjeant
BEST, that the bills were drawn for the subsist-
ence of Sir F. Morshead, and discounted by the
Plaintiff.

Mr. Serjeant VAUGHAN, for the Defendant, con-
tended, that the bills were all given upon gaming
transactions, and to prove the fact, called a Mr. Pres-
cott, who stated, that he was a detenu for 11 years
at Verdun, that a gamiog-house was kept there by
one Bathe, and that the General of the Depot, one
Vidion, was supposed to share; that Vidion extorted
large sums from the English; and an enquiry being
ordered into his conduct by the French Government,
shot himself; with respect to the 20001. bill, he knew
that Estw•ick had lost 10.0001. and was threatened
with close confinement, unless he procured good
security ; and that to pay a part of these debts, Sir
F. Mor►head gave one of these bills for 20001.; with
respect to the other bilk he knew nothing.
The Learned Judge held, that if this bill was
tainted by being given for a gaming consideration,
the Plaintiff could not recover.

The Jury found a verdict for the Plaintiff on the
other bills amounting to 11271. and not for the bill
for 20001.

OLD BAILEY.

THURSDAY, MAY 12.

TIIIRDEtt AT LISBON.

At IC) o'clock this morning. William Saws el.. convicted at
the last Old Bailey Sessions, of the murder of Harriet GaAell,
in the kingdom of Portugal, and in the Atli of the King, but
whose judgment was then respited open three points in the in-
dictment, was put to the bar.
Sir NINON I.e BLAstc then proceeded to pronounce the opi-
nion of the twelve Judges, upon these several objectioub, as
kllows

William Sawyer was tried and convicted under the authority
of a Special Commission, appointed for that purpo.e, for the
wilful murder of Harriet Gasket!, in the kingdom of ('or-
Mel, a subject of our Lord the King, and in the peace of the
King.
Upon this conviction, three objections were taken upon the
latlictiaeut, in arrest of juiLment. The tint of these a:‘, that
the jurisdiction of this country had no power whatever to try
the offence of an individual committed in a country beyond the
seas, and uuder the dominion of a foreign Power ,• second, that
the indietmeni did not, upon the face of it, AtiVre that the
parties were Briti-h subjects ; and, that the indictment did not
conclude, as being agreeable to the form of the statute, &c.
With respect to the first point of objection, namely, that which
related to the s.3d of Henry VIII., the words and c nstruction
of that statute must he taken as implying, that the offender must
be tried by a jury, where the offence is committed. But it also
appeared from that statute, that if a murder is committed upon
a British subject, it may be lawful upon information of such
murder being given, for ally of his !Majesty's Counsel to brine
the offender to ju tire, w' ether the offence be committed
within or without the k Ingdoin, or any of his Makjesty's shires.
That such offender shalt be tried under a Special Commission Of
the Great Seal, either within or without the kingdom, or any of
his :Majesty shires, for nch offence, the words were sufficiently
clear, nod admitted of the constriction which had since the
passing of the Act been put upon them. lie then cited three
• c tiles where coavictions had taken place pursuant to this statute.
• The firs; was the ease of one Chanthers, who had committed a
triurle; in Barcelona. in the kingdom of Spain, in 1;09. wlseu
this law took it. course. The neat was the case of one Erilitig,
! who was convicted of a murder committed in Sweden in 17213:
nod the third was that in which Capt. Ruche was eons ivied of
the murder of one Ferguson, at the Cape of Good Hope, in
1775. In all these cases, the construction of the Art quoted
applied, and the law had taken its regular course. They were
all eases, ton, where the offence had been committed beyond
the seas, and out of the dominions of his Majesty. With re-
gard to the second objection, the words of the statute are." that
if any person shall commit _tomb offence of murder against any
subject, in the peace of the King," dtc. and sufficient appeared
upon the face of the indictment to show, that the subject so
murdered was a British subject, and in the peace of the King.
As to the last objection, stating that the indictment did not cop-
elude, under the form of the statute," dtc., it did not appear
of so much importance, being interwoven with the other argu-
ments, and sufficient appearing on the face of the indictment to
make the case clear, agreeable to the statute.
The Learned Judge concluded by saying, that after the fullest
consideration and argument that could be given to the ease by
the Judges, they were unanimouly of opinion, that there was
no ground whatever for arrest of judgment.
The ka.coetoeit then proceeded to pronounce the awful sen-1
tence of the law.
_ _

The Prisoner appeared deeply affected throughout; and
upon hearing the awful decision and sentence, remained mo-
tionless for some time; when at length he faintly requested one
of the Officers to entreat the Court to recommend him lo the
Royal clemency. He ttias then taken from the dock.
In the case of J. Dot, convicted of forgery last Sessions, and
whose judgment was also rcspited, the opinion of the Judges
was also delivered, and they were clearly of opinion, that the
objection then taken was not sufficient to arrest the judgment,
and the conviction was good according to law.

DARING ROBBERY.—On Monday morning, about
half past eight o'clock, as one of the porters belong.
ing to Lincoln's Inn opened the door of the great
kitchen, to get a broom which he kept there, he met
a man coming out heavily laden with copper stew-
pans, they being made so as to fit one within the
other, from a very large size down to the smallest.—
The man thanked him for opening the door, and
requested that he might leave it open for his shopmates
to go out. Tile porter, on goili, into the kitchen,
saw there three other men ; two of them were equally
loaded, and the third had his load ready to take up,
which he requested the porter to help him on with.
The porter complied, and the four men went off with
their loads. After they were gone, something struck
the porter that every thing was not right, and he went
to Mr. Williams's Chambers, who has the care of the
kitchen, and informed him of what he had seen. M-r.
Williamson this information, accompanied by two or
three more of the porters,•punomd them, and two of
them were taken sweating under their loads ; the
other two escaped, one of them, named Hunkey,
lately returned from transportotion—the other is
named Wilson. The robbery could not. be commit-
ted at any other hour, as there are two watchmen
there during the night.
On Monday evening last a selected eight of the
Society of Sherwood Youths, at Nottingham, ascend-
ed the Gothic tower of St. l'etees Church, in that
..town, and rang a complete scientific peal in the in-
tricate method of Oxford Treble-Bob-Major, com-
posed of 5056 harmonious changes, by the late per-
! tineut Mr. William Doubleday Crofts, Attorney-at- 1
Law, which was boldly struck, and nobly brought
round in three hours and thirty minutes. The nr..
lists were stationed as tinder, viz.—Treble, Mr.
Richard Peat —V,. Mr. F. Draper, jun.-3. Mr. Wm.
Tabberer-4. Mr. John Johnson —5. Mr. Joseph
Cox-6. Mr. John Walker -- -7. Mr. Ceo. Diehis-
son—Tenorf Mr. Wm. Harrison.—The conductor
of the peal, Mr. Rithard.Peat ; and the weight of
the tenor 21 cw!. net bell metal, in the key of E.

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