The Statesman.
London, England, 1819-06-09 00:00:00

TILE STATESMAN

LAW INTELLIGENCE.

COOK? OF CHANCERY. Ups 8.

ELFNEEIM GOLD PLATE.

Lull) SOAPTBERUKT BED LORD ROBERT SPERCER V.

THE PURE OW MARLBOROUGH AND THOMAS

T 111P110011.

Mr. SHADVfELL, this morning, Mowed for
tints to restrain the Defendants, in this case, from
disposing of any articles of plate mentioned in she
prayer of the bill and the affidavits upon which his
motion was founded. The bill prayed, " That the
Defendant, Mr. Triphook, might be decreed to de.
liver op to the Plaintiffs terrain articles or plate be-
longing to the Duke of Marlborough, which were
in his possession, and in the mean time might be re.
strained by the Injunction of the Court from dimes.
fug of the same; and that the said Duke of Merl.
borough might be decreed to deliver op to the Plain-
tiffs all such articles of plate as were not in the cos-
tody of Triphook; and in case any part had been sold
or destroyed, that the Dote might be decreed to pro-
core and deliver to the Plaintiffs plate of equal 'aloe,
or otherwise to make compensation for the same,end
that the receiver of the reels sod profits of the re-
'idiot), real estates might be directed to pay le the
Plaintiffs out of the surplus rents decreed to be paid
to the Duke, such sem as should be necessary for
making such compensation; that the same articles of
gold plate, when restored, together with the other
articles specified in the inventory of the effects.
might be removed from 13Ienheim to a place of safe
custody, and be kept there during the life of the
said Duke; and that in the Mean time the Doke
might be restrained by the Injunction of the Court
from selling, pawning, or otherwise disposing of,
such gold plate, and from selling, disposing of,
or removing from Blenheim, any of the said other
articles mentioned in the said inventory." The
Learned Counsel said, that the tote Doke of Mart.
borough, by his will gave all his gold and silver
plate, together with a diamond sword, and other
effects, lot large amount, to the Plaintiffs and Mr.
Blackstone, as trustees, in trust, to preserve the
same at Blenheim, and to permit the mono be enjoy-
ed as heir-looms by the present Deice, for his life,
and In succession after him, by the ether persons upon
whom the real estates were settled. The testator
also ditected an inventory to be made, and signed by
the maitrr and the Doke, of those effects, and that
the same should net be removed from Blenheim with.
out the consent of the trustees. 'the inventory al-
luded to was signed by the present Dike and the
tipsters. The Learned Counsel then reed the effi-
davits alluded to; the first woe made by the Plaieliff,
the Earl of Shaftesbery. it stored. " that is cense-
genic, of a requisition from the Masque of Brant-
ford, the Earl and Its co-trustees bad, ass the 4th
of May last, directed Mr. Palmer, of Piccadilly,
upholsterer, to compare the effects of Blenheim with
the inventory signed by them, sod that Mr. Palmer
hosing reported that the gold piste was missing. the
Earl applied to the Defendant, the Duke, to know
what was become thereof, when the Duke informed
him that he bad placed the same in the hands of a
res;.eciable tradesman who was in po inn of the
whole, except two plates which were sent to the en-
grain's to have the new arms engraved thereon, and
promised that the plate should he shoots to the E
on the Tends, fullowine ; but having railed in his
promise, the Earl made I further applications
to him, but could not obtain any satisfectory are.
ewers, the Duke alleging that the said tradesmen,'
whom now he would not mention, was gone into
Wales. that the Duke afterwards referred the Earl
to his solicitor. Mr. Pioneear, who informed him, I
try desire of the Doke, that his Grace Asa borrowed
shoot 19..0(.01. or 13,0001. on the plate, sod could
not get it back into his possession until the money
was repaid. That the Defendant, Thomas Trip-
hook, stationer, Moe& the plate from Blenheim
for the parolee of basing the new arms engraved
thereon, and that Themes Triphook hail mentaitod
the whole business for the Duke." The affidavit then
stated, that a letter bad been received by the Earl of
Shaftesbery from Alderman Cos, of Little Britain,
gold refiner, apprising him that some time before the I
said plate had been brought to him witch the arms I
concealed by sealing wax, and offered for sale; but
that he had, under such suspiciees circumstances, re.
feud to boy It. This affidavit was followed by as.
other from Mr. John Ilene, clerk to Messrs. Foster
and Co., stating, that part of the gold plate, with
the arms commeled, had been offered to pawn by a
pers., of the same of Wright to Mr. Parker, of '
Burners-alreet, who leek Mr. Wright before a Ma-
gistrate, where he was liberated at oho request of a
Mr. Gent, et Fleet-imarket, pawnbroker : that the
plate had afterwards been 'mooed with Mr. Guest
for a sum amoesting to about VlOl., and bad subse-
quently been partly redeemed till the Irian was re..
dead to 5201. Tbst Mr. Wright then applied to
Mr. Geist, sod epos a representation that the
Dike's rents were cense in, and the money was lying
in the table reedy to be paid, Mr. Guest was Induced
to pert with the pledge, still in his hand, without
satiliffictioo, and had not since received the whole of
the money which he bad advanced. That Mr. Wright
informed the deponest. that be had received the plate
from the Defendant, Thos. Triphook. and that on
his stating to Mr. Triphook that Mr. Guest dectined
Wanda( more money, having heard that the plate
was heir-looms. Triphook assured him on the autho-
rity of Blackstone, that plate could not be settled as
heir-looms; that Thomas Triphook admitted the
troth of Writhes statement. and added, that he had
paid the MI. received of Gent to the Doke; that
on being told that the Doke stated that be directed
hies to bring the plate frets Blenheim for the purpose
of lotting the arms engraved on it, lie positively de-
nied the truth of such statement, asserting that the
acme was brought up for the express purpose of being
pawned or sold; end that the Duke in the converse.
lion which pissed between them previously to the re-
moval of the plate from Blenheim, suggested that
pawnbrokers would be the best persona from whom
to °Maio a loan, and that if he could set raise
money by a loan, he would put it into the crucible,
or nerd words to that or the like effect
It was upon these affidavits the present application
was groeuded, arid he (Mr. Shadwell) trusted his
Lordship would have no hesitation in granting the In-
junN
The Loin CUANCELLOR.—Take the Injunctions
We tutderstood the plate in VZSIICI) scat that