The Statesman.
London, England, 1824-01-20 00:00:00

"
THE St* 127

COURT OF CHANCERY,—MoNn.ty.
• Gotintat V. TUC DUMB OP SOMERSET.
When the Lord Chancellor entered the Court this morn:
in& he inquired if the Solicitors in this case were present.
There being neither of these gentlemen present,
The LORD CHANCBLIMB said, that he was surprised that
neither of these gentlemen were present. It was a subject
of surprise that Solicitors should so often act as if they
thought they had no duty to perform to the Court.
In the coarse of the day, the Solicitors, on coming in,
intimated to the Lord Chancellor, that they were ready to
attend bis Lordship's instructions. Mr. Oourlay was also

present.
The LORD CHANCELLOR said, that he had already stated
Lis wish to be supplied with the affidavits, which were to
verify the plans already handed in. Now the Solicitors
were either acquainted with his wish, or they were not.
If they were acquainted with it, it was their duty to have
complied with it. If they did not know it, it was their
fault to have been ignorant of it. He did not mean to
throw greater blame on the Gentlemen engaged in this
matter than they deserved. But he wished to impress on
Solicitors in general, the propriety of their being always
in readiness to afford all the information in their power to
the Court, to enable it to (gm a clear judgment.
The Solicitor for the Dike of Somerset said, that his
client was anxious for an early decision.
The LORD CHANCELLOR said, that this was pending for
a long time, and he was desirous of bringing it to a
conclusion. He should endeavour to give judgment
on Saturday, with the materials which be at present pos-
semed.
Mr. GOURLAY was, present, and bowed respectfully on
hearing the decision of the Lord Chancellor.
IN RE TONKIN., A BANKRUPT.

'The SOLICITOR-Gerunat. applied for the discharge of
*bankrupt, who, for answers on his examination before
the Commissioners, deemed unsatisfactory by them, was
committed. The ground of the application was that
the warrant of commitment was insufficient, inasmuch as
it did not specify the grounds on which the commitment
took place.
Mr. Twtss opposed the motion. It was not necessary
that all the questions and answers should be set forth in
such a proceeding as the present. He held it to be suffi-
cient that the leading points should be introduced, and that
no material point of the transaction should be omitted. He
insisted that every thing material had been stated on the
face of proceedings.
The LORD CHANCELLOR said it was not in his power to
decide if the questions and answers omitted in the commit-
ment, were or were not material. He felt it necessary to
act with greater caution than usual, in cases of this kind,
on account of the late decisions in the Court of King's
Bench. Formerly, it was sufficient for a bankrupt, that
be gave a direct answer. In present times, however, it
was necessary that he should not only answer direct
ly, but that he should give full and correct inform*.
ton relative to his affairs. It had not been stated that
any material information hid been withheld. The ques-
tions were either relevant or otherwise. if relevant they
should have been set forth, and it was not for him to sup-
pose that the Commission -rs load put irrelevant questions.
Upon the whole, he thought it the safer course to direct that
the bankrupt be discharged.
—olllo.

COURT OF KING'S BENCH.—YQeTERDAT.
(Before the LORD CHIEF JUSTICI and Special Juries.)

CHARGE OF PERJURY AND PARLIAMENTARY
CORRUPTION.
THE KING V. HALM

Mr. PARK opened the pleadings.
Mr. SCARIATT stated the circumstances of the charges.
The defendant, James Halse, an attorney in St. Ives, Corn-
wall, had acted as agent for candidates—Mr. Graham and
Nr. Evelyn—for the Representation of that borough in
Parliament, at the General Election in 1820. By means of
bribery and corruption those candidates had been returned.
Upon the trial of a person named Dunn for bribery, the
defendant had been examined as a witness, and for the tes-
timony be. hid then given he now stood charged with
perjury. This ivas as serious a charge as could be brought
against a member of society. Our character, our property,
our lives were at the mercy of false testimony.
[The witnesses were all ordered out of Court.]
Mr. Gurney (short-hand writer) read a voluminous mass
of evidence given by the defendant upon the trial of Dunn.
It distinctly denied that any bribery or corruption had been
practised.
Arthur Rosewell, Thomas King, John Bennet, Edward

Tirrow, and several other electors of St. Ives, were exam
nod At great length, as to the defendant's exertions in can-
vassing for Messrs. Evelyn and Mr. Graham They
averred that Mr. Heise said they would get no.
thing from Sir Walter Stirling, and that they had better
vote for Mr. Evelyn and Mr. Graham; if they did
not rate for them both they would get nothing. Tickets
were distributed among those who promised to vote for
Evelyn andkiraham, which entitled them to be treated at
the hotel. If they gained the election 151. were to be
given. and 101. if they lost. Sir Christopher Hawkins and
Sir Walter Stirling were the opposite candidates.
The ATTORNET.GENSRAL described the Defendant to be
a gentleman of highly honourable character. lie was an
'Alderman in the borough of St. Ives. By his own exertions
be had raised a corps of Volunteers, which the Govern-
ment had thought him worthy to command. It appeared
he was opposed by Sir C. Hawkins and others, from the
circumstance of his wishing to make St. Ives an open
borough, yet this was the person charged with perjury.
It was impossible the Jury could believe that a cautious
person acting as agent for the most honourable men,
could have been guilty of sa much imprudence as to utter
We words imputed to him He should prove the defendant
never did say the words.
Mr. Graham stated that he had some recollection of Mr.
Make saying, there was no time to be lost, but he was
sure the defendant did not say, if you do not make up
your inind you wilt get nothing.
Mr. Evelyn also deposed that he beard the defendant
utter no expression like those imputed to him.
Mr. Mitcham, a Surgeon at St. Ives, and seven other
persons who were present with the defendant at the
election, stated that Mr. Hake never used the words.
The loan Casar JUSTICE in his charge to the Jury.
said, " If you are not satisfied he said these words you
ought to acquit him. The parties might understand the
words to bear the meaning they have described, but
unless the Defendant said thent,it is quite a different thing.
The crime is serious in its consequences, and if there be
any doubt on your mind, the Defendant is entitled to the
benefit of it."
The Jury found the Defendant—Not Guilty.
Tills cause lasted the whole of the day.
SUPREME COURT.—Cincern, JULY 24.
CRIM. CONS
MIRKY SWETENRAM v. ROBERT SIMMS SIACNAGETILV.

The defendant is Shia case is • 'Lieatenant iu the Army,
and Deputy..ludge.-Adirocatd43leneral at eawnpore. Mr.
tivretenham, the Plaintiff, resides at Patteghur in charge
of an extensive district.
'rho criminality was clearly proved, and a verdict for
theplaintitf was pronounced with twelve thousand rupees
damages.

CONSISTORIAL UOURT.—gIETILIt.
RAMSEY V. RAMINT, 07 DITONPORT.
This cause, which has for some time occupied the
attention of the Court, was decided on Friday last, and
sentence of Divorce pronounced.

VICE CHANCELLORS COUEt.—MONDAY.
USRNE V. 'HOLM
In this case, which was fully detailed when before the
Courtin the last Seal, an application was renewed for an
order to commit the defendant to the Fleet for contempt,
in refusing admission to parties employed to serve a sub-
pasna of the Court o■ him. The case was again referred
by his Honour for further affidavits.
1 SIR H. PHILLIPS V. IP AIRBURN, SIBIPHIN AND MARSHALL,

♦ND OVM.
This was a case of literary piracy, in which Mr. Pember-
ton applied on behalf of Sir R. Phillips, or his represen-
tatives Mems. Whittaker and Co., for an injunction to
restrain the defendants from publishing a work called
"the Chronology of the reigns of George 111. and IV." it
appeared that Sir R. Phillips in 1820 compiled a work
under the title of General Chronology, and the bill al•
leged that the new publication was chiefly a copy of his
book. Both publications were put is and compared by
the Vice Chancellor. An injunction was granted by his
Honor, who observed that the defendants might publiih a
chronological work if they pleased, but it must not be a
copy of Sir R. Philips's work, and this was obviously a
copy.

OLD BAILEY-MONDAY.

SHOOTING WITH (ALLEGED) INTENT TO MURDER.
Samuel Roses, John Elliot, and John Austin IVren,
were indicted capitally (under Lord Ellenborough's Act)
for feloniously shooting at John Co line, en the night of
the 4th of January last, with a pistol loaded with powder
and ball, with intent to kill and murder him. The second
count charged them with firing the said pistol so loaded
with intent to rob the said John Collins ; sod in a third
count they were charged with maliciously shooting at the
said Collins w:th intent to do him some grievous -bodily
harm.
John Collins examined—lam a servant to Mr. Beanfoy,
of South Limbeth. 1 was returning home from Pdll.mall
on the 14th of January. 1 did not lodge at my muter'.
house, being a daily servant. I lodged at No, 1, South
Lambeth, New Road. It was about eight o'clock when
I got to the toll bar, in Vauxhall Road. A little before I
got there, a n:an came up to me and presented a pistol up
to my face, and said, " Stand, I demand your money-1
must have it, or I shall blow your brains out." 1 told him
1 bad got sone ; Le slid," you have," and still held the
pistol up to my face. Two
.more men came up instantly.
I ran backwards with my face to him, and he put the pistol
to my temple, crying out, "Positively, I'll blow your brains
out, if you don't let me have you money, we all know you."
The same man had his hand on my breast, bet
the other two has not reached me at that
time. The whole three then laid bold of me,
one by the waist, one round the collar, and one by the left
arm. I said to them, " I'll see yon d—d before I'll let you
have my money." I made a rush nod loosed from them, and
cried out " murder !" I only cried out once before the man
who had the pistol fired. The pistol was directed towards
me. The ball passed so near me as to come under the brim of
my hat, and my hat would have fallen if-I had not held It. The
whole three then ran off. The one who laid hold of me behind
ran across the road. The other two ran into Rochester Row.
I followed, and cried out " stop thief!". I saw one cross the
road, and the other 1 still kept in view. I believe ,it was the
one who crossed the road who fired the 0401. The man who
fired the pistol got off. I kept the other man •in sight till a
soldier stopped him. The soldier brought him btok to the
guard house. lam sure as to his person, for he was never
out of my sight. The witness here' identified the prisoner
•Raines as the person. He was searched by Pace, the officer,
and three or four balls and a powder flask were found upon
him. The prisoner Elliot was taken on Friday, and the tran-
saction took place on Sunday, I first thought that the pri-
soner Elliot was the person who fired the,pistol ; but I after-
wards was convinced that John Austin Wren was the Derma.
I now believe him to have been the man. Ile had at the time
a black crepe on, which same half why over his face. The
whole three bad bats on. Wren wore a blue coat, light +Mit•
coat, and dark trowsers. I knew Elliot by bit height, dress,
and figure. The dress was nearly like that worn by Wren. I
believe on my oath, that both Wren and Elliot were present
at the time. The other man was taken in my sights I wig
quite sober.
Cross-examined.—The night was dark. 1 bad 110,01%5e.10
any of the prisoners before. I was a good deal alarmed.
1 thought there was a bullet in the pistol. The bullet was
found.
Thos. Ladds, a soldier in the Guards, stated that oa the
night in question he was talking to his comrade near the
guard room in Rochester. Row, when he heard a report of
lire arum The report appeared about 200 yards from him.
He Alien heard a cry of " murder ! and stop thief.". The
cry came from the spot whence the report proceeded. I
went towards the spot, and saw the prisoner Raines run-
ning from it. I pursued Lim. I did not then see the pro-
secutor. The prisoner while running away asked " what
axe you running after me f0r,.1 have not dose soy thing ?"
1 told him I would soon overtake him, let his run asteard
as he would. I 'esti after apprehended him, and took him
to the gard house, where he sae identili.tl by the prose-I
cuter as one of the men oho attempted to rob him. The
prisoner was then given in charge to a constable, when i
some bullets and a powder flask were found upon him, as
also a small piece of cane, which appeared to have been
used as a ramrod.
Thomas Pace, a constable, corroborated the evidence of
the last witness; and produced the bullets and powder
flask which be bad found on the prisoner Raines. The bul-
lets did not appear to have been cast in a mould. He also I
produced a hat and a piece of black stuff, which appeared
to have belonged to Wren, as the name of that prisoner
was written on the inside of the hat. The witness bad
known Wren for three or four years as a bad character.—
Witness apprehended him on the night of the 12th inst.
Witness knew his haunts; it was not at his lodgings he
apprehended him. He found him at a house of ill fame
io the Almonty, Westminster, is here lie was in bed with a
prostitute. Witness broke open the door. Wren called
out who is there? and witness said, " It's I." " What
do you want with me ?" He asked witness if he wanted
him for a felony, and he said he did. Wren said he hoped
witness would not handcuff him; but he said he would.
{Vitaess asked him where iris hat was, and be said, " Here
putting on a paper cap at the same time. As they
were leaving the house, the prisoner said, " I know what
yon want me for now ; I know I shall be topped"—
(topped means banged). The witness in his further exa-
mination stated, that on searching Raines's lodgings the
next day, he saw a vice there, by which the bullets ap-
peared to have been made. He apprehended Elliot near
Salisbury Square. Elliot stated that he lived at his fa
thee's.
Thomas Stiff, another soldier, corroborated the testimony
of his comrade Ladd".
—Pace, the officer, produced the pistol, and stated thet
he bad found it the next morniag in the mud, within a fete
yards of the spot where the robbery was attempted..
The prosecutor was again called, and said that the pistol
appeared to be the same that was fired at him.
The prisoners were then called on for their defence.
Austin Wren said be was at another place at `the time,
and knew nothing of the crime with which be Was
charged.
Elliot also denied all knowledge of it.
Raines was giving some account of the manner in
which he became possessed of the bullet*, but stopped.
Their Counsel, Mr. Law, then called witnesses, to cba'
meter.
The Hon. Mr. Cast said that Wren had been in lie ser
viers two years age. He thought him an honest lad: When
lie left his service, be returned every part of his livery. For
the lastiwo years he knew nothing of him.
John Biddleston, truss maker, 'in the Strand; aed
another tradesman, spoke to the character of Raines,

whom they had long known as an honest and industrioua

man.
The L.arned JUDGE minutely recapittilsted the evidence
and put the ease to the Jury, who, after spending half
an hour in consultation in their private room, returned a
verdict of Guilty against the three prisoners ; but recom.
mended Elliot to mercy, conceiving it to have becn his first
offence.

Immediately after the return of the verdict, almost
before the convicts were removed from the bar, the Sheriff
claimed the property found upon them when apprehended
by Pace. and that (lacer (certainly in a very unasssumiihr
manner) resisted the Sheriff's claim, and appealed to the
Court to support him in what he conceived to be his right.
He said that on a former occasion, when persons had been
convicted of highway robbery, the Court had derided that
he was entitled to the property, and the Shetiff did not
claim to have it, though the property found on the felon,
was of 3001. value.
Mr. Sheriff Laurie stated to the Court that the prisoners
bad not been convioted of highway robbery ; but wider a
particular statute, " for feloniously shooting with intent
to rob," and that the Sheriffs were therefore enti tied
to the felons' property as they were forfeited to the
Kiag.
Pace said that he wanted the pistol and other things for
the purpose of furthering the olds of justice.
The Court directed Pace to apply to the Sheriffs for the
use of these articles, and to give up all the property.
(before the COMMON SERGEANT.)
EMBEZZLEMENT.

John Mason, an elderly man, of very respectable appear-
anee was charged with purloining various sums of money.
the property of the east India Company. 'I he occur
rence it appeared took place in the month of October,lBl3.
wheo several sums of money were banded over by the
prisoner as the amount he had received; but nn exdmina-
tion of the books, a defalcation existed of 1001. and up°
wards. The prisoner in consequence the following year
absconded, and was not apprehended unit November
last, by a Bow Street officer, at his residence in Watney
Street, Commercial Road.
A variety of evidence was called in support of the pro
secutiou, sad a number of witnesses gave him a most ex
cellent character, some of whom had known him upwards
of 30 years.
The COMMON SNRGBANT having summed up the cvi'
deuce, the Jury, after a short consultation, returned a ver
dict of Guilty, but recommended him to mercy on account
lof his good character.
The COMMON SORGEANT called him up for hutment,
and after a forcible admonition on the natur •of his
offence, sentenced him to twelve months imprisonment.

MIDDLESEX SESSUMS.- ON DA T •
•••••1111M....

John Brown was Indicted, for attempting to vidh the
person of Ann Droien.
- - •• •

The prosecutrix said, that she and the prisoner lived
lodgers in the same house ; the prisoner carne to her room,
and tapped at the door ; she refused letting him in, unless
he would. promise not to misconduct himself, which be did;
but on getting in he attempted improper liberties. Wit
ness opened the window to cry out, but had not time, as he
immediately shut it. After this, she went no to describe a
long conversation, in which . she threatened to tel her
husband, aud.he begged her not. During ail this period,
although the conduct of the prisoner, if, such as described
by her, was most revolting, she never attempted an outcry,
although, as elicited by Mr. Phillips, who was retained for
the prisoner, there were persons in the house. This wit•
az.ss conducted herself throughout with so much disgusting
levity, that Mr. Phillips, without calling his witnesses,
let the case to the Jury, who unhesitatingly returned a
verdict of Not Guilty.
At the close of the Court, lees, for conspiring to 'charge
Mr. Squires. with .a nameless offenCe, was brouglit up, and
Sentenced to one year's imprisonment.
Wyse and Jefferson, tried for conspiring to falsely
charge the Proprietor of a stage roach with carrying
more than the authorised number, were sentenced each to
six months' imprisonment.
The Loft then adjourned till r:ext Thursday week.

THIS LATI CHARLES Die DIN •-43IRAND MUSICAL Fes-
TIVAL.—The Stewards of the public festival in honour of
the late Charles Dibdin, met on Saturday evening at the
Freemasons' Tavern, ivhenea letter from Sir Joseph Yorke
was real, in which the gallant Admiral expressed his per-
fect willingness to take the chair on the occasion, and to
promote the landible undertaking in every way in his
power. 'Answers were also received frern several professi-
onal gentlemen to signify their desire to add to time convi•
viality by their presence, making up the list of musical
performers to upwards of thirty, including all the princi-
pal vocalists of the present day. The whole of the 'elec•
Lion is to be from the works of the late Mr. Dibdin. Time
gallery is thrown open to the Lady Subscribers, who will
be admitted by tickets only, and the company is ex•
petted to be more numerous than on any former oc-
casion, and many naval and military characters are to be
invited.

A piece of silk having been missed last week, from the shop
of Messrs J. C. Wilcocks and son, suspicion fell on a woman
of this city, called Ana Lugg, who was apprehended on Sa-
turday last, and locked up in the front room of the Guildhall,
over-looking the street, while search was making at her house
for the stolen goods. During the absence of the officers for
that purpose, she madea desperate attempt to escape, by fast-
ening her shawl, handkerchief, and garters together to aid her
descent from the window. The line, however, either proved
too short, or broke ; she fell to the
.pavement, and having
injured one of her legs so severely as to impede her retreat,
she was re-taken; On Searching her house, an astonishing
quantity and variety of stolen goods were discovered ; silks,
prints, shoes, knives and forks, &c. &c. to the estimated
amount of 1001. ; besides pawn-brokers' duplicates amounting
to nearly OW. in cash, and for which it was estimated "that
goods to five times the value bad been pledged.—Grounds
were also discovered for suspicion that much goods had been
sold Wm her repository through the agency or persons not
yet in custody. There was a full attendance of respectable
shop-keepers, who have suffered; several of whom recognized
property in the miscellaneous display produced before the Ma-
Vrtrates. Tuesday she underwent an examination hefore
. Alderman Fiend, and was fully committed for trial at the
nest Sessions. on a charge of stealing 00 yards of crimsonlus.
tering from Messrs. Wilcocks.—Berley's Exeter Nestle.
On Monday last, a melancholy accident happened at
Belvidere Colliery, near Glasgow. A young boy of only
14 years of age, was attending the engine drawing water,
of which a great quantity had accumulated lit the waste
workings for fourteen days previobs. The boy, anxious to
ascertain what depth of water was still remaining in the
pit.st thit period, affixed a cast metal weight Of 141 b. to
the end of a rope. and slung it down the pit : in its rapid
descent, it is presumed, it overpowered his strength, and
he was precipitated from the top to the bottom, a depth of
at least 16 fathoms.. It was nearly twenty minutes before
his body could get out, and by that time two medical gen-
. Gemen were procured, and on the spot, who used their
utmost endeavours to restore suspended animation, but
wit,hopt effect. There were about tour feet of water in the
pit at the time the accident occurred. It is but justice to
state that plumbing of the pit, in order to know what
quantity of. water might be in at the time, was no part of
. the boy's duty, and be was prohibited from doing so the
, day previous. He made the fatal attempt afterwards,
. merely to satisfy his own curiosity. His father and mother
are shit alive todeplore his untimely fate.
I At Devises, on Thursday, Wheat obtained an advance Of
, Is. per sack; and Barley went off at last week's prices.