The Statesman.
London, England, 1815-11-24 00:00:00

THE STATESMAN.

LAW I N7'l? I, LIG HNC&
( C CElty, Nov. t♦
2X-PARTE. TUR.NEit IN Tilt M tTTEK, or &Big air
est:v Totsca•
Mr. HART again mentioned this case to his Lord-
ship to-day. lle was extremely happy to
.he enabled
to state, that the fears of his family and friends,
with respect to the health of the worthy Baronet,
were now completely relieved, they having received
a letter from him, accounting satisfactorily for his
absence, and explaining the causes of it in a manner
which did away all idea of its being occasioned by a'
relapse. This, he was happy to state, appeared from.
a letter which he had even last eight from Sir Gre-
gory to his confidential agent in town.
The Loan CIIANCIIIALIIt said he was happy tell
hear it. When he saw Sir Gregory Page Tarsier fa
his room, previous to his ordering the supersedeas to
issue, he found him in such a state of health as com-
pletely to satisfy his Lordship that he was thorough-
ly recovered, unless, indeed, the apprehensions of bite
friends might create a relapse.
Mr. lIART stated the facts of the case to be as be
had narrated them. The necessity, therefore, of ap-
plying to his Lordship to suspend the sealing of thei
writ of supersedeas, was no longer necessary.
The Loan Cumsces.Lost accordingly ordered that.
the same do issue immediately. dix •
euttcer.i. o.stsculistAlLA.
Sir ARTTIVII PIGGOTT again Mentioned this telt

0f'5,0001. per annum, which would have been eon- caw ender the description
strlerably•morS if the estates hullusea priiper,ly leaf 'of the itrtielei of war, as
staged. That such
,surplus ref ought,. in 'allies, the preinticiof good order
to be paid to him, for the reasons after stated. If they did land no doubt
That he submitted to the Court whether any lease the subject); Warden might
Of the mines ought to be granted, under a deed ral Court-Mfrtial. This
therein mentioned, salt was never intended or un- less legit, even sopposini
derstood by him, net *as it any part of the Pioposi- the faseiletiant-Colonel foci
tion, condition, or agreement, on the faith of which jesnts at tliefscheol were no
lie executed such deed, that by the execution there- command Would not juslift
of he should deprive himself of any of hiC.thei ployment of indsestnatory
'rights, powers, and interest over his estates for any shin of military discipline.
longer time than tifl the sum of 18,0001, agreed to tion then wig, whether it wet
be raised under the deed, was paid of, which, in Colonel to order the irrwt ,
fact, never was raised, nor was so much as 41,0001. be forthcoming at use Court,
adlaneed under the deed for bis use. That in jus- was given by the rid Article
Lice he Was entitled to be immediately restored to the the commission of any crime
possession of his castle and estates, of which be had and the Court was therefore
been unjustly deprived, in as much as the sum raised lodged trespasses were cc
under the deed'iltad been virtually repaid out of the December, by the limitation
various sums due to him from the trust funds, which Aid that all the subsoqoet
very far exceed the 26,0001., and that in addition to under' the orders of bear
those sums there was doe to. him, from the trust, ao justifiable in respect of Oa(
"freer of interest, of surplus monies, arising front ly inleispect of the Defendant
'the sales of certain estates. That at the time he este- , the, OridesWor his superior ()Aker, tbr
cuted the deed be was tenant foi life, without im- consequently in favour of the Meiotic'
peschment for waste. That under all the arcing)•
stances, he submitted he was equitably and justly NO[,.
entitled to have the benefit of • 'working the mines .
•
for his own use, accounting to the Court for this FORGERY OW THE EAST
royalty, if necessary, to which he-will be eveotnally hi ANSI (q-110 VI esteri
- - - - - . .
residiog in insith's4mlldlisgs,

in which au order had been made by his Lordship,
upon a Company nho had been made the consignees
of the produce of a West India estate, contrary to
the orders of the Court, to pay the proceeds of 18
hogsheads of sugar into Court, and stating that an
affidavit had been made by a partner of that house,
explanatory of the circumstances under which the
price was to be paid ; that it was not yet due, and
would not become payable for a week, and praying
that the price might be paid into Court, deducting ,
the expences, including 2-1. per cent. for their coal-
mission in selling the sugars. 1
Mr. COOK, for the consignees, contended, that'
they were fully entitled to the commission for selling-
the sugars. they being consigned to them for such
sale, and they having bona fide disposed of them.
Sir ARTHUR PIGGOTT, in reply, submitted that
the payment to these parties of their commission of
21 per cent, would, in fact, be entitling them to the:
only premium they were entitled to recover, and
. •

entltied, as part of the surplus rents and profits of
his estates. derwint a final eseinioatio•
,
s
The motion was opposed by Sir ARTHUR Pmcorr, being accessary to a forges
on the part of Lord Brooke, and by Mr. Limas, •C°lnr""Y•
on the part of the Earl of Ossory. I It appeared f's ton the
The LORD CHANCELLOR deferred giving judgment. person, calling himself Joseph
—..m.,_ men belonging to tt • Marchioness
1 COURT OF KING'S BENCH. Nov. 23. diaman, went to the office
eAtt.tte V. waking.
East-11:dia.Hodse, and Wail
1 the amount of wages due to
This was a writ of error from the Common Pleas,
in ass action of trespass and false imprisonment. In ' toeing, 's a bill of sale,"
the Court below the names of the parties were re- 1 by the said Joseph Coz, was
versed, Warden v. Baillie, and the facts that appear. , fiendallts at the office of Mr
ed were shortly these :—The late Mr. Whitbread
for the said wages, amount
i
as Lieutenant Colonel of the BedfOrdshire Local , was immediatelydischarged.
s
Militia, issued en order that the serjeants and other i the real Joseph Cos made ,
..
non-commissioned officers, whose duty it was to make I when, hment,
to his otter astoni
i
1 certain *tidal returns,in order to render them more had been taken op by a' h
competent to their duty, should attend a school, at produced, with the pretended!,
the head of which was placed the Adjutant. '" I was detected, Coo being spabtik

.... . —..........100, I. .
30Ib. of flour, you say be of opi • , that the dis- I which would fully answer as a reward for- their
proportion in the balk of the crops is, in favour of •
' obstinately resisting the orders of the Court.
potatoes, more than sufflcietst to compensate for this.l The LORD CHANCELLOR watt of opinion, that no
I thick this is already clearly enough settled by the person could act as a consigeee to an estate which
relative prices of the contending commodities ; for, if was under the jurisdiction of the Court,- without the
the quantity of produce was on the side of potatoes, consent of the Court; and, therefore, that the con.
tbetr price would be in proportion. I siren, in the present instance, most forego their per
I bare heard of enormous crops of potatoes"; as tentage, they having had notice that these sugars
high, I belieee, as '3O tons. I never yet saw 10 tons were the produce of an estate under themanageseot .
grow upon an acre. I have heard of 14 sick. of of the Court of Chancery before they sold them. :
*heat upon aa acre. I never saw above 10 gro* LORD JOHN TOwasEND, Stc. v. LORD CHARLIR I
upon an sere. The aver* crop of wheit is about TowNSHEND, c. arc. 14.
24 buthels, in this part of England, and the averagel sc.
Sir ARTHUR Prooorr stated this to be an applimt,;'
crop of potatoes about iix-tons. The weight of the dun on the part of Lord John Towashend and of
wheat 14401b5. and that of the potatoes 13,44101b1. Mr. Blake, trustees under the will of the late Mar.
Now, then; if I am right in whit has been said quit Towushsnd, to hare leave to go in and propose'
above, this hulk of potatoes barely keeps pace with before the Master who should be tenants oa list(
thaeof tsbo wheat ; for if a bushel of wheat does not estates of the late Marquis of Townshend. This hii .

read.
The circumstance having
fendant, Mr. Wason, the
the East India Company, had
before the Loan Ms.verst,
action, which be did in the
He stated, that on the 4th
man representing himself to
Marchioness of min East II
and requested Mm to cash
I in want of money ; and In
perchase some clothes, of
need.—The Defendant at
sufficient change' in the hoe*,
the man, he contented, pre.4
money to make opthe change,
went to the house of Nt
street, Tower-hill, of'whom
and having

Bar-
den was a serjeant in the Bedfordshire Local Militia,
and with others wag directed to attend this school,
which he neglected. ,For this disobedience he was re-1
primanded by Nlr.Whitbread, on the Ist of Dec., but
repeating it, he was ordered to attend parade on the
2d Dec. where the Adjutant, Bailie (the Defendant
in the Court below), put him under military arms.,
From thence be was conveyed, by order of the
Lieut.-Colonel, by a military escort to the public i
gaol, and delivered into the hand§ of the gaoler, i
where he remained until the 24th Dee., when he
I was liberated Croat prison, anti put under a guard in
his own house; from whence he was sent to Still- 1
tort Barrecks, remaining in confinement there till
the .12th March. The action for this assault and false
imprisonment was commenced on the 27th June fol-
lowing. Sech was the Plaintiff's cue; and on behalf
of the Defend.tit it was urged at tile trial, that

the
.
......et of %neat 0...-• ....._ . ' returied'
. -
of
been established'
because the serjeants allY, . .., I
make eatb. of door, it weighs 601 b., and leave.• pow eboutd esteem a mourns course, were it nut met by school bad
• lardiud bran to make Up for the deficiency. Theo,' a counter motion. . ! were incompetent to discharge the duties assigned abate article' of Wearing st
as to the toss the ground must be equally good.— ; Mr. HART stated that there was so intended of them by the articles of war; that when another see- 1 about 181. in change. These
.
The teed is equally expensive. But the potatoes must urging that motion. 1 leant, named John Hooper, was admonished for not person who witnessed the ,
;and by Mr. Davis,_ of wh?rns,
lielilltivated during their growth. 'inc expellee of Sir A. Procurer then contended that there could attending it, the Plaintiff Warden addressed him in
digging and cartage and stowage is not less than 21. be no objection to his motion. these words—" D— your ey s Jack, don't give op— ! the money. The tatter further
of his character,
an acre at present prices. The espence of reaping, : Mr. HART submitted, that there was at least this don't go to school: I will soldier it with any body, ;statement
i
housing, and threshing: is, at pretent prices, W school. I will not be made a Pared to confirm Icy resPecis
s. objection, that it was thereby meant to preclude Lord but I will not go to .
The LORD MAYOR, under
less. The potato lea*e no straw, the wheat leavespost that I I Charles Townshend, who.was to be the next tenant boy of : I hope they will settle it before p ,
did not think a case could
straw, stubble; and gleanings for pigs. This straw :in possession of the estate, from . going in to the may write to my father, who
.will see me righted
is worth, at least 31. an acre, at present prices. It • Master, and offering himself."' a -tenant of certain though it cost 1001." Upon which a serjeant, named 1
' Derstidaot, but recommended
is besides, absolutely necessary. • It litters, in con-
s .of tee lands. This he was clearly entitled to do by Smith, observed, that such language was enough to Ito be cautious in such transact
junction with other" straw, all sorts of cattle; it the will of his late father, by .10,01, while oue of excite a mutiny. It was also proved for the Adju- use his utmost eudeavoars
sweeties.' helps to feed them ; it covers half.Thel the trusts was the payment to him cf an aunuity of -tent !Lillie (the defendant below) that he acted un-
in the present case.
buildings in the kingdom ; and makes ho small part 40001. a year, in the mean time, was at a distance of 'der orders of Lieut. Col. Whitbread, who, in con. G.UILDttALL:
lArownetSluortd ,
of the people's beds. The potatoe is a robber in all', about 21 years, minus four—to be entitled to the sequence of the conduct of Warden, and the language serving ait female.
tstatena Infant, or ,
to . of nakedness
Manner of ways. It largely takes from the farm-' possession of the estate itself. There could, there., he had used, wrote to General Piggott commanding
.leaving w
night, in Warwick-square.
yard, and 'returns little or nothing to it •• it robe fore, lie submitted be no danger to the tram" estate, the, district, through whom Warden was brought to
root; and IMM. .J. Woodroofe, a watchman, -•
tee land more than any other plant or it'rolles. , free receiving the offers of Lord Charles Towns. a General Court Martial, at Norman-cross,
half-past 10 o'clock, on the es
the eaters of their time, their fuel? and their health ; . bend. ! rug acquitted, was discharged on the 12th of March,
was in his box, in Warwick.
avid I • fully with Monsieur fi6ot; that it rubs:. The LORD CHANCELLOR wen .of opinion that his after the sentence had been confirmed.
t them of their inehtal-powers. ordering the offers of 'Lord Charles Townshend to be Upon these facts a verdict was found for the Plain.. :
served the Prisoner epproich I
. i I
..i_ _
flags close to the
Ido not deny, that kis a pleasant enough thing to received, might be of disadvantage to the trust estate, tiff, in the Common Pleas, and a bill of exceptions
dngtond
there ; soon lifter which
'in sending dOwn lusty Mrs. Wilkins's good , inasmuch as other offerers ;night thereby be prevent- was tendered to the Learned Judge, Sir James Mans- I the col
the clothes. He instantly spew
half-pound of fat road beer Two 'or three ounces of ed from coming forward. His Lordship saw nothing field, by the Counsel for the Defendants, in which
water, earth, and straW; can do her no harm ; but, to prevent Lord Charles Townshend from coming three objections were stated,—let, That the Judge
seed her, and she was °unfair
when I set a poor; little, pale-faced, life-less, pot. forward with offers to the trustees. If those offers at the trial had declared and delivered his opinion to neer Cheapside, and secured.
bellied boy peeping out at a cottage door, where I should be disregarded, first try them, and latterly in the Jury that the several matters proved on the part !of the infant were dropped,
ought to meet with health and wirier, I cannot help the Master's Office. He was then at liberty to.come of the Defendant, were not sufficient to bar the' pursuers.
cursing the fashion, which has given such general use into that Cotter, and there he should weir. redress. Plaintiff of his action against the defendant. 2. That I The Prisoner, in her deli
to. this root, as food for man. However, I must say, Let the oral- therefore be drawn up in the form the verdict ought not to have been for the Plaintiff. i wife of a seaman, now at ,
that the chief ground of my antipathy to this root is, Prayed by Sir A. Piggott. 3. That it ought to have been in favour of the De- not heard or received the sli
that it tends to debase the common people, as every EARL or mr4ENTIEH AGAINST THE EARL or UPPER fendant. The bill of exceptions also contained a for several mon b;; end tin
thing does, which brings their mode of living to be; °sway, LORD IMWOILE, AND °THUM& detail of all the pirticulars of the facts above stated. the cruel conduct of her teni
nearer flint of rattle. The man and his pig, in the The interest and extraordinary case of the Karl of The question afterwards came before the Court of to leaving the child, meanitu
poratue system, live pretty much upon the same diet, Warwick made its appearance again this day, before King's Bench for argument, and stood over for de- and tell her tale, and thus
and eat nearly in the same manner, and out of nearly the Lord Chancellor, upon a motion made on the charm, distress required.
the same utensil. The sarneefernally.boiling potcooks Part of his Lordship by Sir SAMUEL -HOMILLY and Lord ELLENDOROMIII this day delivered the judg- 1 One of the Officers, how,
their common mess. Man, being master, sits at the first Mr. Wagermso, to discharge an order obtained by meat of the Court, after reading the Hill of Forcep. gone to the residence of item
table; but,if hiq fellow-feeder comes after him, he will the Defendants, for letting his Lordship's valuable Hons. The firs' question that naturally arose from learned, that the infant whom
not eitten, though he will live upon the same diet. Mr. coal milt.' in Somersetshire, and fora reference to a the statement was, whether the original arrest of abandoned and stripped, was
Ct.,' we's% found potatoes to supply the place ofhay,being Master to receive proposals for a trust lease for the Warden by Bailie, the Adjutant, on the2d December . man, since she had parted •
erFt well cooked ; but,they did not suppty the place of benefit of his Lordship; which appeared by an afil- was or was not legal; but as the Act of Parliament re-1 The child was ordered In ,
oats; and yet fashion has made people believe, that they davit to be for the purpose of enabling his Lordship (tubed that the action should be commenced within Parish, the Overseers noticed
are capable of supplying the place of bread!' it is no- to increase the portions of his younger children, and six months slier the cause of action occurred, and as celion, and the Prisoner renal-
torious, that nothing will fatten upon potatoes alone. ,to discharge the claims of creditors. In support of the action in this case was not brought until the 27th mivation.
Carrots, parsnips, cabbages, the superior sorts oe the motion of Sir Samuel KOmilly read an affidavit, June, it became material to consider whether any I Bow-aritter.—John Brown mud George Brown,
turnips, will, in time,* fatten sheep and oven, and, sivern'by Mi Loidship, stating that a lease of these part of the confinement fell within that period of six the two brothers who hate been in custody for some
scow. of them, pigs; but, upon potatoes alone, no mines, granted by his Lordship,, had lately expired ; months ; for though the limitation in the Statute was time, 'and 'suspected of several footpad robberi,s
animal that I ever heard of will fatten. And yet,the that' bving'sensible his estates were improvable, it was not specially pleaded, yet, under the general issue, which have lately beets committed i sir London, un-
greeter part, and, indeed all, the other recds and always his intention to have increased his younger the Defendant might take advnntage of it. The derwent a final examined to borme Sir Nanwtl"
plants Iperi mentioned, will yield, upon paned of children's portion's' the estates improved in value,for arrest under the authority of Bailee took place Comaser and Mi. Him& Upon the i i
IPV.f env. of
the sans, quality, three or four times as wavy a crap which reason he never intended to settle the whole on the ed of December, but it ceased on the 4th, self defending. But though I was fir from 1041" g
as potatoes, and will too, for a long white, set the of his estates upon hit eldest Net Lord Brooke— or at furthest on the 2 ttiv of December, ;nd, the ac- Mr. Rich, they were fully committed for trial at the,
frosts at defiance. • but by some misunderstanding the winds of them tion not being commesiced till the 27th of June, ensuing Sessions. They were afterwardscharged En
If, Sir, you do me the honour to read ibis' Letter, Ihad been settled upon him, contrary to his inters- that simprisonmnrit was 'clearly not Is ithin the six and convicted as rogues sod vagabouds. *Poe the
I shall have taken up a good deal of your flMes tion. That in order to enable him to increains the months required by the s: --tatote, and Willie would eri.'ence of Mayhew. and his party, apprehendiog
but„ the subject is one of much importance in ryes( portions of his younger children, and to satisfy the not be liable unless he were responsible for the suit. them with I. ailed' pistols, tender sospjcious circuits-
economy, and therefore, Cannot be *holly wide.. claims of his creditors, he was desireous of hosing salient sonfinesneat when he acted under the orders stances, for the purpose of Committing 04,1ulay rub•
resting to you. I will not assume the sham modesty that use and benefit of the mines for such purposes; of Lieuttumst-Colonel Whitbread. The question leries. • •
to supposes that my maener of hieing it makes me 'That his having the power of working them motet eras, therefore, reduced to this point, whether Lieut.- I
. , • • - • - ---tikEe. - - . •
enworthy oan answer; sod I must, confess, that I tejudice or affect the family annuities—charges Colonel Whitbread wire warranted by kw in order- 1 On St.lnday last after a long nest s. Illrv. Lied- en.
shall be disappointed suttee you make a aanOus at.', out-goings on his estates, the surplus rents, Ise the Imprlionment of Warden first ' his ' ' 'll .in ibeEtt
/ f, it, own wife of Mr. I nebele Boolssetter, -x
tempi to knee to me, that /am in error... 4 am, sir? gate paying all charges and out-goings, ash! 'after beeline and afterwards preptivelory to the 0/Uri-mar_ year or her nit.:
.......
your most obedient, and most humble 'frigid, I allowing all the extravagant and improper expend' I. vial Pelletal* expressions had been .prayed against "-----..""-L- - Tori- --
Wm. dgifigrilt. tuft of the rents fur the *repairs, 'Ste. being vier& Wards ad ' important efietns Pe. Isola •Pahlhhett 111 'D. •LetY wit„ •Ni .h.*
nr 11. it sat to see whether they sr v -*rise t. Grates, Nu 4, Suhvber)etrowri, fitri-weti.

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