The Statesman.
London, England, 1821-11-28 00:00:00

LAW INTELLIdENCE.
TIC&CHANCELLOR'S COURT, Nov. 21.

1

runic V. COL Lts ORIDGZ AND OVUM.
The Vtea•CuatocaLt.on gave judgment in this ease,
Which has already been folly reported, in this Paper.
It *as an application to the Court to set aside Oate
which had been made of the plaintiff's share of the pro-
. petty left to him by his father in the eoachmaking
concern 'carried on in LiquOrpond-street the plaintiff
contending that the sale; in consequence of being made
by private contract, was disadvantageous to him, and
that the whole property ought to have been sold by
auction. The Vice-Chancellor ordered that a reference
should be made to the Master, to inquire whether it
Watt not more beneficial to the estate of the late Win.
Cook to confirm the sale in question, which had been
made by his executors ; also to consider whether the
business, since the termination of the late partnership,
had beencarried on, on account of the plaintiff's share
in thiestate ; awl whether be was not entitled to
claim the whole of the partnership property.
' COURT OF KINGS', BENCH, Nov. 27.

I

•
IN THS MATTER Of COL. BATLEY V. THE MARSHAL OF
THE MARRHALSEA•
Mr. GURNEY shewed cause against a rule obtained
last year, calling on the Marshal of the King's Bench,
to answer the matter of an affidavit made by Colonel
Bayley, a Prisoner in the said Prison. The Learned
Counsel commenced by observing, that Mr. Jones, had
managed Ike King's Bench Prison upwards of .30
years; and never during that time, had his conduct
been called in questiou under a complaint so malicious
as this. Adverting to the affidavit of ColOnel Bayley,
he rebsarked that much of the complaint related to
Poole, who kept the coffee-house in the Prison, and
uotwithstanding that person bad-quitted the house by
direction of the Marshal, the fact' hid been totally'
suppressed at the time the apilication was made to the
Court. The affidavit of Colonel Bayley, which was
given to the public on a former occasion, stated, that
he was disturbed on several occasions in the month of
Deceinber, 1820, by disorderly conduct in the coffee-
room, over which be occupied an apartment. • An
iiidecent song woe sung to insult him, and on his
going down to remonstrate, a Colonel Mead said he
was uo Gentleman, used threatening language, and
challenged him to fight a duel. All this insult was
offc-red as the deponent believed, in consequence of
Lis keing related to Viscount Castlereagh, now Mar-
ques; of Londonderry. Mr. Bayley frequently melte
applications to the Marshal for redeem but could not
4st-win anx satisfaction. Ile described the Prison to
be badly conducted, and deicribed much of the irre-
gularity to the non-residence of the Marshal. Mr.
liurney read the affidavit of Mr. Jones in answer to
the above, in Which the Marshal stated that Colonel
Bayley was taken by his order within the walls of the
Kings Bench, in consequence of having been seen
cut of the rules. He never had any dispute previously
wish the Colonel, but on every occasion had done all
he could to accommodate. When he heard of the
complaint respecting the irregularity in the coffee.
room, he considered it his duty to dismiss Poole from
his situation, and Poole accordingly quitted the house.
Upon further inquiry he was informed that Colonel
Bayley had been irregular, inasmuch as he refused to
quit the room he occupied when requested to do so, by
the person who bad the letting of it. He found there
were faults both on the side of Colonel Bayley and
Colonel Mead. He examined them' separately, and
etaleavoured to conciliate both. Nothing, however,
could satisfy Colonel Bayley but committing Colonel
hieTi to the County Gaol. He had been in the hahit
of visiting the Prison monthly according to the rules
of the Court, and had endeavoured on every occasion
to preserve good order. The affidavits of Broochoff,
the Deputy Marshal, and that of Poole, confirmed the
statemeht of the Marshal, and added, that Cul. Bayley
declared he would be revenged of the Marshal for re.
fitting to admit him to the rules. Under all the cir.i
cumstances, Mr. Gurney contended that there weal
nothipg more in the application than the expression of
entry feeling on the part of Colonel Bayley. On the 1
subject of non-residence in the Prison, the Marshal
stated respectfully to the Court, that the health of him-1
tuff and the increase of his family had induced him to!
reside within five or six miles of the Prison, which be
could reach in an hour's ride. The late Lord Kenyon,
by whom he was appointed to the office, and Lord
Ellenborough had sanctioned his absence. There
wit, no neglect of the duties of his office, he attended
from ten in the morning to three in the afternoon, and
never left the Prison when there was the least neces7
say for his attendance. Mr. Gurney expressed a hope
thaet the Court would consider the sanction of the Mus-
tnons persons he bad mentioned a sufficient justifica-
tion of his conduct in residing out of the prison.
' Mr. CAMPBELL was beard on the same side.
Mr. 11. Couren in support of the rule,
. that the affidavits of Colonel Bayley and others, were
unanswered. He disdained to answer the charge, of
irregularity made against.Coloncl Bayley, who leras, a
lientiesnan of high rank and honour; sad, be Wars pri-
vate Secretary to4a Foreign Ambassador.. .
Mr. IJURNET said that did not appear on thi.tAffi-
davits. ..
Mr. Coorza, in reply. inid he. certainly wasiiitttled
to state who _Col. Bayley was. That Gentleman was
a_C;ol. in. die West Middlesex Militia, and was related
to one of die most bonountble families in England—
the Uxbridge Lundy. The Learnedeounsel examined
all the chargilnigainst the Marshal, and particularly
deprecated a-charge of suffering persons, named Els-
worliy, Batiiiiiter, Colvin, and Peckham, to hold/
fujibt's Itnibirprison when they were sot residing is:
die 're: It was important that no rooms should
ifird '
ar.:7fiotrhoviaut. ;how; stushesebelooesems:
stringohlitenbecoeAbbulinerutoar
sti such• persons as Colonel Bayley.
/ Mr. Jostles Basr said, *there was.ao fear of that:
When irieli*Peisoas conld.Pay 21.95. per week out of
,

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their. creditor's meaty.
lit. Cooks dhoti cootended. that the Marsbid was
%said to, make inquiry respecting the disturbance
which happened between the two Colonel!, by' coo-
fronting them, and 04 by separate 404o!dios. fr9ei
which tie justice could arise. It was worse ihie t,b,
mode of decidisig:Atat ii (elated is Habash), lill4lV
the Judge, aftecbeittlegffie. bn bt.
retired to his closet and thirw..diue. . We
bad the greatestpitunber of spots was deciared he
Oita. St. Cooper then contended, that the sun-re-

.•
-.Mr. TAUNTON moved, on behalf of Mr. Parkins,
formerly Sheriff of London and Middlesex, fur a rule
to shew ianse, why the books of the Under-sheriffs, so
far as they relat!-d to-Mr. Parkins's shrievalty, should
not be open to his inspection, for the purpose (as we
,understoutl), of inquiring into the appropriation of
certain slims alledged to be, duel() the Crown. The
Leirned Counsel was Proceeding to state the grounds ,
of, his nschion, when
The &art' interposed,-add observed that they had no
itsrisdiction, its consequence of the length of time
whicl bsd elapsed since Mr. Parkins went out of
office.—blotinn refused.
contended

1...

pObICR. • .
hifolt-sTaerk.—A young maa of respectable appear•
ante was yesterday brought before the Sitting Magia7,
trate (Mr. • 1llinslm11), charged with stealing thret
tumbler glasses from tbe.Kiag's Head public-house,,
at Hampstead. The prisoner' went into the house and,
called for some refreshment, and as he tau going out
again, the maid vervain saw SOON glasses under his
arm. The prisoner was pursued and taken, with ono
glass in his possession. lie threw the ether two .away
as-he was ruining. When taken to the cage akilmap:
smith, be said he was ashamed of having .committed
such ati act, and that be bad disgraced himself Madan.
:bonouralsle family, but it was deep. dietrese tafticli
'parted hias to it. He stated himself to be the am; oc,
.a clergyman at ----,, and-saki he bad bee; man.sgmg,
dark in as extensive concern in the conitry, for, five
years. ..111 bad been io London oily a few. Wels.
.Tho primmer. during the examimatipa. cOveref bis
fate with Ms bands, and seemed deeply attedted lit his
aiinatinn, When asked if be bad an &Mite 'toe
he merely Amok his head. He weli'filllyernizisitted
:for
Percival. a private or the hat
axis, wm.committatit fee 041, seeljoid iif ate*/
Iv**, fromicaroline PrOirO, ails 140-iiii4 of thiteil
1(401,,,R411c-boopipr4hoOdloi.otiioiAlialotAdate;
111.6o,prisemilti window hid `been *tie* Will& altsi
w"Asairb.rd 11)! 'takOW Ont of lice
She h locked "berlueir •r.
who was quartered at the Re' . t
at home that night, was suspected of baring committed

166.