The Statesman.
London, England, 1823-12-18 00:00:00

COURT OF CHAlkETßY.—We'lnefrinit:
AfterbisLordsliip took his seat on the Bench, Mr.IT mato
telqatated leave to remark on a motion made heforillith'
Loddabip yesterdays it was in the case of Mr. Mame I
and the Mears, Delta**. •. • •
Loan Cnencetton.—Before yea. proceed farthedr..Mr,
Wild. I wish to say. that an intioiation• was mediae-ski
yes erivday that the Menre.^Dentalson had sent a corals* '
nitithin. which I consider very proper indeed.
Mte.fleetele.:.- Yea, :lay Lord ; and as Me. Johnson mash
relnarkdelsoishere on..the:eondoet of Messrs. Dennison,
I eui.mariettate strati le, jar ,lordship, that thonekthese
gentlemen are mst.of the jerisdiction of this Court,- still
they are most willisag he (wafer* to yoartorrlslfrip's order.
Inaset. it .wes • anderszood .between the parties, that Mt.
Jaime shouhd .reetive a eceentanrieatios of a satisfactory'
siatisreyeeterday ; it did not arrive in. die refuter coarse
arert as earl as it was expected, and Mr. Joianiton took
o lion of this slight delay to address your Leredshiti
yesterday; it was, however, received in• the subsequent
part of the day, and I sin authorized by. this. letter to
.stite.tiat the money, 7501. will arrive in the course of a
foie days.
Lotto Onattesttom—d tioderstood the money had ar.
sited yesterday. •
Mr. theto.-1t is nearly theism. in effect, my Lard.
Loner. Cmaxcerton.-.-Very ,well,. Mr. Heald, I am glad
the affair, has ruminated, as it ought, in a fair and amica-
laadjustment.
STOLEN MARRIAGE. •
• six:cant v. Janne.
Mr, HAIM stated, that he wax. instructed to
_present a
petition to his Lordship in the case of a Ward of the
Court. The particeilars of the case were these.—The
Whist, Alice *Donnell, was the illegitimate daughter
of the testator hltDonsell; her cue:iliac placed her at a
respectable • boar.liagechool for young ladies, fur the
purpose of receiving an education suitable to her future
fiteteme s the defendant. James James, was a curate residing
in the neighbourhood; after some acquaintance Jame.
took the infant away from the school ; the guardian
applied to the Court last July, %temp his Lordship was
pleased to make an order, prohibiting Mr. James, cr any
other person from marrying the infant, cad commanding.,
him to deliver her iostantly to her guardian ; the guardian
made every exertion to discover the party, and to serve
the order on him, bet before be eonid effect this. he, received
information from them that Mr. J. had married the infant
three days after his Lordship's order, together with this
information lie received a certificate of their marriage.
This certificate contained two false statements; first, it set
forththat the parties were married by pnbiic bans; secondly.
that they had the consent of parents ; now these statements
oire f..ise—at Iraq in a legal point of view. This,certi-
th•ate was signed by a Mr. Evan.. a clergyman. in Wales, •
whither Mr. James had taken the infant. Since that
time, the hnsband went ahtoail, and the lady was restored
to the care of her guardian. The prayer of the present
petition was, that his Lordship would order such proceed.-
ings as he might think necessary to meet the exigency of
the cage. He did not think it was at all necessary to ask
his Lordship to compel the immediate tittendadce of the
Ilereemin, the witnesses, and others concerned in the
marriage, from such a distant part of the conntry as Wales;
'as it was possible they might be able to exculpate them.
s lees; lint he requested his Lordship's order to Mr. Evans,
• and the defendant's brother, a "ilr. John James. to appear
in Court after the holidays. The guardian was at present
encumbered aCtli the care of the infant, who was not yet
• sixteen years old ; his instruction in this part of the case
w is, to Fray that his Lordship would permit os to make a
reference to the Master on the subject of considering the
paSPriey of placing the infant at some proper place of
elrfeatlen.
Logo Clialecattoe—Tone prayer is very proper..
Ai it is possible that the clergyman, Mr. Frans. may have
• ailed. through ignorance! it is but just to treat him will
Ulf {kit m Aeration to which, in tint case, the Coen may
trielt him entitled ; hot as it does not appear to me very
- clear why a regular clergyman should make those state.
meats relative to the publication of bars and consent of
• • psitenii,* which are so eleraly contrary to the facts, you
• - may take the order for the attendance of that gentleman
aril the others, after the holiday'. It is not improbable
Olt the affair may turn out to have been a fon) conspiracy
t 1 obtain the fortune of the infant, through the medium of
I.er person.
It was here.-stiggested that there was some difficulty in
tt.e case. If the marriage be not. valid, the young lady
must he still considered under the management of her
guardian ; if site is a married worner, she most be held to
be under the authority of ler husband ; in either case
' 'thereaniglat he no room for Him interference of the Court
in the disposal of the lady's pertain,
The Lono %rectum& —No, sir, I will not consider
Let a married woman, until it be clearly proved before me
by the clergyman and witnesses, whom 1 am very
desirous to see in Court. Take the order of reference
to the Mader, Mr. Hart, relative to the disposal of the
ward.
HIGHGATE GRAbIMAR SCHOOL.
THE. ATTOIINET-OINtaAL v. Tall MARL Of MANSIIILD....
Mr. Mass haring yesterday concluded .his argemente
on behalf of the rel,tore, the Rev. Mr. Owen, and a great
holly of the inhabitanta.of the hamlet of Highgate. was
followed on the same aide by Mr. Temple. He argued
that the great ant wintery o'.j'ct of the founder of this
clority efts the establishment of a grammar school for
the eaneation of young men of Highgate in classical
learning.
.The. Lose Ca.iNcaLLOR observed. that if it satisfactorily
appeared that the purposes of the original founder were
not carried Into execution under the present management
of the Governors, it was in the power of n Court of
Claincery to correct the evil; hot, on the other hand, the
, Court would he bound to hear the heir at law of the
founder, as to the disposition of those funds by which the
- cbatity was supported. The heir at law might coins Hato.
Court and with great propriety say—" My ancestor. Ste
Roger Cholmonsieley, has disinherited me for the purposes
• of this charity; but if the purposes originally intended are
net carried. into execution, let me have the benefit of the
fends which cannot he applied as was by him intended."
This was language which would ani might to have much
weight with the Court. •'
Mr. TaterLa proceeded to segue, that the Court was
bonnet in this case .as. in All others, to follow the Kr..
codents, which had been laid down ill these questions.
The cases of." the Bedford Charity." and, " the Attorney
Generale. Whiteley," were precisely an point, and strewed
that it was the bounden duty of the Court to look at the
will and ilitention of the founder, without any regard to
the feeling) of the inhabitants, among whom the Charitable
Institution might he established:
The Loan Caawcatton asked whether the latter case
cited, of " the Attorney General v. Whiteley," was not
retapectlig the infiabitasts of Leeds?
'Mr. Truett replied in the affirmative. In that rise the
inhabitants of Leeds thought that a commercial rather
than a deified) education, would he mute advantageous
tattle town., That probably was tree, but his Lordship
felt leisnaelf boded to adhere to the original filtration of the
, founder. The Learned Cliental, adverting to the circuits•
stances of the donation of the Chapel of Ease to, the
Cbsritalfle Institation. by the then flishop of London,'
cantendeil that it formed a part of the Charity, and was
inieparablifroos it, and not Intended for•pablic
With respect sitlM r. Mentz, the appointed schooLniastite.l
he niched to say, nathisag disrespectful ; that gentleness;
Add faiely'and most candidly told the FarliamentaryCBo.l
nassiosere, when wider esamiestion before them, that
Yuri
Lid Non appointed schoolmaster, under the" persist;
iliat lie ahead not perform the•datiesettliat Mhfre.„
Nom:waded. • however, that his Lerdshierwiialiecomplet

Wit

. ,
'at gentleman to do one of two thine-411 w to perform
the duties of muter personally,, or resign his situation.
The defendants would strenuously, he knew, contend, that
there bid 'lite. no innovation or breach of 'trust ; but thy
arguments of Counsel, hoWever ingenious, wield not be
sucee4aful in the mind of his Lordship against clear and
decisive facts. It was in evidence, that the scboolemaster
dill not attend to his duties as originally intended by the
founder ; that the grammar school for the instruction of
young men had been degraded to a, charity school .fse
poor children; that an Inherit. mutton was 'now the oil*:
land actual master of the school ; •and'thatme accounts had
been kept be the °over:rots of the Institution, as required
by the founder. The Attorney (tenets) bad, after most
risatnre deliberation, thought proper to file the pretreat
'information. A caveat had hero entered by the defendants;
and in a solemn argument before the Attorney Hence], had
contended, that three had been no breach of trust ;oar'
united by them. The Learned Counsel conceived, that a
case of breach of trust had been most satisfactorily proved'
to the Court, and that the necessary consequence must be 1
Also allowance of the present application.
iktr. lifaTeaatet. was heard at great length on the part
lief the Uovernors and Wardens of this charitahlei esthetics.
sad set out with observing that the object of the founder
was twofold Ist. To afford the comfort and consolation of
religious instruction to the inhabitants of Highgate; and
2d. To establish a school for the education of the children
of those inhabitants. In order to rebut the legal preposi-
tion laid down by the Counsel on the other side, that the
maintenance of a church could not be the object of* trust,
he referred to the Statute of Utter,in which the tnainen-
ance of churches was expressly mentioned. This he
thought was a satisfactory answer to the gentlemen on the
other side, and proved that in point of law the =detention
of churches and chapels was as much a charitable object as
way other. As a matter of fact, he then contended, that
l was perfectly clear, from evidence antecedent to Sir R.
Cholmondeley's foundation, as well as from evidence cereal.
rimy with it, that the establishment of a chapel of eau
was a part of that foundation. In order to prove that this
impel was previous to the charitable foundation in question,l
a place of worship, the Learned Counsel referred to two
very ancient grants, the one dated in the year 1366, and
the other in 1531. By the first of those grants, the then
Bishop of London granted this chapel to an individual, 1
who might be torn, for any thing he knew to the contriry,
a liermi•—perhaps, an anchorite. To this indiv.dnal.l
whoever he might be, was granted the" OffeiortPs custodial
eapellas, aostrae de Highgate." The -Learned Counsel
then referred to the letters patent issued in the seventh year
of the reign of Queen Elisabeth, and to the grant of the
chapel in 1565, by Bishop tirindall. then Bishop of Londoo,
and contended, from these ancient documents and records,
that it was dear, beyond a doubt, that Sir it. Cholniondo.
ley did not purchase this chapel for the purpose of confining
it to this school, as a domestic chapel, but that it should be
kept open as a place of general public worship.
The Logo CHAPIRCLLOR. onlooking at the deeds,observ.
ed, that none of tko funds of the founder, Sir K. Cholulon-
&lnv, were devoted to the repairs of this chapel.
tare Mentalism!. proceeded to cite various other ancient
records, and to read certain portions of them in support of
his. arguments. The LORD CnuNceaLott interrupted the
'Learned Counsel, and postponed the further arguments
in theme until subsequent to the first seal after the Christ-
mas Vacation.

—row—
COURT OF /ZINO'S BENCH.--imansmr. •
(Before the Gontr,Ceits J USTICC and 4 Speeded Jiffy.) *4
tDIATZ POWDERS. '
amity V. PRI
An action was brought this morning by the Pat.eetele
m M
of
these Po tilers against Price, the Chemist of Leadestball
Street, for an infringement of his patent.
The Lone CHIEF JUSTICII directed a nonsnit. on the
ground that the specification of the patent ass unneces-
sarily obscure.

KEN I' WINTER ASSIZES.
binedsy, the Hon. Sir 0. S. Holroyd, one of the Judges
appointed under the Special Commission for a gaol deli-
very, on the Home Circuit, arrived in Maidstone, from
London, escorted by the High Sheriff and the Usual at-
tendants. His Lordship, shortly after his arrival, opened
the Commission at the Court Hall, and from thence pro.
ceeded to church. On his return at about ball past four ;
o'clock, his Lordship took his seat on the Bench, and after
the usual preliminary form &titles, the Wand Jury was
impannelled. The other Learned Judge, the Hon. Sir
Allan Park. arrived in Maidstone at four o'clock. The
Calendar contains the names of 13:1 prisoners, including
four for murder.
MAIDSTONE, Dee 16. .. • • '
(Before Mr. Justice PARK, wad Mr. Jstaiicailoi.ROlD.)
Williams Collier was indicted for stealing at Herne
Hill, on the 12th Sept. a sheep, the property of Henryl
STRAUS° RERIMINTAL BIONSY.
James Taylor, a private in the Royal Marine!, was
Indicted for stealing (at Woolwich, on the Ist of August,
251. in money, the property of William Miles.
It appeared in the evidence, that in the night of the Ist
of Auenst. an office belonging to the Pay-Serf-ant of the
Royal Marines, in the Woolwich Barracks, was broken
open, awl money to the amount above mentioned,•taken
*tit of a desk. fbe money was destined to pay the men.
Next day the prisoner was flush of cash, which he said
be bad received from his father, abaker, at Bath. lie was
liberal in treating a young woman with whom he kept
company. Being suspected, he was taken up, and whilst
in custody, he wrote a le•ter to his sweetheart, desiring
her to go to a particular geld, Mitre he bad hid some
money, in a sand bank. The girl was watched, and taken
in the act of digging out a bag. containing. about 201.
worth of silver. The bag was identified as being that in
which the money stolen from the pay office was contained.
Whilst in custody, the prisoner made light of the matter,
and said to the constable that at all evens they could not•
hang him. One witness deposed that, during the prisoner's
coofineasent in the black bole, the latter endeavoured
to suborn him to commit perjury, and swear that he had
seen a man give him a parcel containing money. To this
witness the prisoner admitted that he had robbed the pay-
office.
The prisoner now solemnly declared his innocence.
The Jury, however, found him Guilty, and he was
sentenced to seven years' transportation.
MALICIOUS STADIUM).
Thomas Hudson Harris was inditted fol. maliciously
dabbing William Appliog,.sboetuaker, with a knife, at
Woolwich, on the 12th of August, with intent to murder
him. A second count charged the intent to do him some
grievous bodily harm.
It appeared in evidence that on the 12th of August, the
Royal Sovereign steam yacht was coming up the Thames
'to Louti.m, heavily• laden with passenger, to the number
of 4 or 5094 The prisoner, the prosecutor, and the wife
and child in arms of the latter, were on hoard. A scuffle
having taken place between the prisoner and a boy belong-
log to the vessel, the latter having a water bucket in his
bawl. fell against the prosecutor, and the bucket struck
-the child a violent blow on the head. The child cried bit.
Orly ; and its mother immediately tose and slapped the.
prisoner's face; upon which the prisoner went into the
eathio, and after a lapse of a quarter of an hone, returned to
theplace where the prosecutor and his wife were sittingat
tea, and said, " Where is the villain that iusult .41 me ?"
Theyrosecutot's wife said " I am the person that mock
Ile instantly turned round, and stabbed theprose
orator in the face , with a desert knife, whit+ broke at the
sorl before the prosecutor could rise, lie tipiatec
Abetter, with' the'ressalithrg 'portion. of the *itch