The Statesman.
London, England, 1815-12-09 00:00:00

Tyr .sTATmAIA!4...:,

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here a.great many circumstances which made this a
fit matter for the consideration of that Court. The
estate had been cold ft.r eight years purchase, instead,
probably, of twenty. It must turn out, ton, that the
Defendant had .been down, and was perfectly ac-
quainted
with the nature of the property he was
purchasing. Besides which, he himself was a solici-
tor, and had accepted of the title. The Plaintiff, ,
however, was ready to await hi 4 L rdsliip's decision,
and if his Lordship should be of opinion that the ac- !
(ion ought to proceed, to acquiesce in his Lordship's
judgment, and to save farther litigation. !
„ !
The LORD CHANCELLOR was sorry to .hear what f
had last fallen from Mr. Conk.—The first idea of a I
specific performance of an agreement seemed to have
arisen from an idea, that it would be against good
conscience to take advantage of small. circumstances 'l'
of variation, to pot an end to an agreement. He ,
remembered two oases where specific performance of
lan agreement was awarded, where the subjects-sold
were said tocontain a wharf, being essentially
.ne-
cessary to the purchaser, who was by trade a
I wharfinger ; and anothev, where the purchaser being
1 .•
extremely anxious to become a freeholder of Essex,
! purchased an estate, which was described as lying in
that county. It, to be sure, lay on the north side
Of the Thames, but it turned oat to be in the county
of Kent ; anti one of the hardships of the case con-
listed in this, that he had the pleasure of crossing
-over in a boat every Sunday, to execute the office of
churchwarden. The real question was, what was
the meaning of the "contract ? That was a question
Ifor the decision of a Jury. His Lordship instanced
ass case in point, what would be his own situation,
lif he was to advertise his house in Redford-square,
I for isle; he held that house at a ground-rent of 301.
I, a-year. If he were to advertise that house for sale
• at a rent of 5001. would that be at a ground-rent, or
; at a rack-rent ?Surely, to do so, would be to charge
a rack rent. Here, the particular expressly bears to
Ibea ground rent, on a lease, at 401. per annum—
was that a ground rent •or a rack rent ? His Lord-
ship was clearly of opinion it was a rack rent ; this,
too, was not a case for compensation. Let the • Mo-
tion.be discharged with costs.

•T.

. ..POLICE.
INFAMOUS ROBBERY.
LAIABCTII•SfREET.—Yetterday, Jahn Kingsroorth
was brought before Sir D. WILLIAMS, the'Sitting
Magistrate, end underwent a final examination, ,
charged with stealing from the person of Thos. West, •
461. in Bank of England notes, under the trallowing
circumstances •
The Prosecutor was a seaman belonging to the
Scaleby Castle Eastlndiarnan, and the Prisoner Was
a cooper on board the said ship. The parties had
lately returned from a voyage, and haying met each
other on sh..re, a• few days since, the Prisoner took
the Prosecutor by the hand, and asked the latter to
ge and have some 'drink. He cOnsented, and they
went to the sign of the Peacock, in the Minoan;
from thence they went to the Crown public-house,
East Smithfield, where they drank some more, and
subsequently,' to the" lanibro' Arms, near the New
Mint, where this Prisoner called for some gin. The
Prisoner then told the Prosecutor that he Wished to
speak with him aside, and they left the house, the
former, however, remarking to the landlord, that
they would be back in a short time. Having pro-
ceeded as far as the entrance to the Mint, the Pri-
soner suddenly stopped the Prosecutor, and after a
struggle, in which the latter from the quantity of
liquor which he had drank, was unable to make suf-
ficient resistance, the Prisoner put his hand in his
pocket and took out a parcel, containing 41 notes
(successive numbers) of the Bank of England, and
five old notes of the same bank, and of the value of 1
11. each. Ile then ran off, and the Prosecutor im-
mediately returned to the Ilambro' Arms, as well as
the Peacock, in search of him. He was'watched and
taken into custody, when he exclaimed, " I know
what you're after, but all's safe ; and Wrest most
stand a good glass.before he gets the cash." None of
the property was found in his possession, but the
officer basing traced his occasional residence to,
lelinglon, discovered; after two journeys there, a
pocket-book in the house of a relation, and in which
were 4ti of the notes, the numbers and dates exactly-
corresponding with those issued to, and stolen from
the Prosecutor.
The Prisoner was fully committed for trial.
A NOVEL FRAUD.
UNTON.ITALL.—John Dyer wits yesterday brought
up by May- and Goff, charged 'by Mr. Glacier, a
respectable tradesman, residing in Cheltenham-place,
Lambeth, with thelollowing frandulcot transaction:
-e-On Saturday last the Prisoner applied to. Mr. Gety-
ler, and offered to sell him several jars of oil at a,
reasonable price. Mr. Diller being in the habit of
using considerable quantities of this commodity', and'
the quality of that offered by the Prisoner being
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MIDDLESI424 0-PIONSt • Dsc .1r
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s3BTtiNING MOSEY I.lNDtr R FALSE I'ull/11cm. i•
Elija4 Hatch was indicted for obtaining, pato
false pretence, the cum of 31. from•the person of Mr.
Few, a respectable Solicitor,. residing in Ilenrietta.
street, Covent-garden.. The letuling .factc of the
casp were, that. the Prisoner called at the house of
Mr. Few, and, after some famitier ohtervulle ns'had
passed, told him he was vi scirool.fellow of by
brother's at Christ Church ; that he had beeu ,„„t•
by the Rev. Arthur Theollop, Master of the Wad
Grammar-School, to receive 12%. for Ismaec from
'Gentleman in the neighbourhood ; that Ito.offerea
to pay hiin its three 51. notes, but boil not Any unit
change in his pocket; he therefore should think
self obliged by Mr. Few accommodating hint nish the •
31. in question. Mr. Few not &tattooing en, tide;
wrong, without any hesitation ordered his cterk iu
advrnce it.
He was. found Guilty, and the Court pronounced
upon him the sentence of transportation fur seven
1; years.
Win. Carpenter, a servant out of place, stood
charged by a yOung gentleman, named %biting, with
Ihaving taken indecent liberties with his person, of 1
nature too gross to meet the public eye. The fir.
' cumstence occurred at one of the Mock Auctions la
Pickett-street, Strand.
He was found Guilty, and the Court sentenced
him to one year's imprisonment.
A boy, 18 years of age, was indicted for aa assault
upon an infant,oniy 4 years of age. The tender 4ge
of the child precluded the Court from admitting her
las a witness; and the Chairman was under the .e.
cessity of proceeding upon the other best evidence
he could collect, and which appeared so twister-
tory to the Jury, •that they returned a verdict of
Guilty.
110 was sentenced t, be imprisoned one monthland.
to be severely flogged.

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OiD BAILEY.
•

FRIDAY, DEC. 8.• •
1 John Reny Brinkman was indicted for feloniously heating
and mortally wounding John Tervick otherwise Terri', to the
parish if St. Catharine'a, on the night of the Id of Kovenskr
hot. There oat another Count iu•the indictment, clustoog the
act in question to be marniaughtcr.
Three witnestes were called. by . wis•sse evistrare it xpoev.
ed, that the deceased and the Prisoner had o quarrel it It put-
lie-hove in 'which they were mining *Min con..deribk Jams
her of other persons, leen and women .•1 the town. Tad
Prisoner struck the de, eased violently on the bead. who, h. a•'
ever, soon oiler reoavered, and went awns' orpiment/. iv. well
as usual. Aa Moo at he had got home he fell down, and ulte
intaantly ettpirrd. The deceased Was subject t., his: ;tad
his last retorts from sea, slack WO .Jul) lAI4 hoddeersin
Mr. Estaws, a surgeon, saw the body of the stereopy+, on tie
Morning. tli.seng death, rind from his .44..1'1,1,402u at
opening t head, had no doubt thut heaird of
Mr. Baran WOOD recapitulated the esidestre, sod 11w Jar,
acquitted the Prthonrr on IN 11l m harg.
. Wm. Brignoll;. the elder, Wm.. Hopson, .the younger. and
Thomas. liagunil, a father.aod his two t.on.,were Igen placed at
the bar' and I, red ander the' Act dike 4' of the Ring, for
coining and counterfeiting certain silver pieces, resembliat: tie
dollars issued by the Governor and Company of tie Bank of
England.
Mr. Serjeant BOSANQtrrt staled the case to the Court. By
the Art of Parliament upon which the ',scoria indirstocia a
framed, the offence with which the Prisoners weld coaled
was potti•hohle with 14 y•ears t-amoortation.
John Foy, a ',Ale officer. otepo-ed, that the :Iris-ores 'lived
at No. 9, Seward street, Cleikenice9, ~id that he tilting re-
ceived information from some of the .ors is nooses
overlooked BagOaire workshop, sepaiied there, notanaint.red '
by his Ino4ber and two others. They wailed tilt ales heu4
tee ttttatdiiw td w irk, and their two of theta Istotass•ti as the
from door,. whilst two vateted (rum behind. The eiderilago
mall opened the door, and securing him they foul ai fewanseal.-
lart apperiody new, emß icieushlang thole assort 1,1 Ilk Bout,
In hithluid. Tot eldent!nfiOPPed
onioisir
l tinOihr ...14eaP•
preach of the Ater., The ine or iste.s gins so Iwavn
that to work it aka ease and expo-elitist), he beinoted "sold
require the exertions of three permit,. Besides pie. pieces
found on the two Cider Prlsoeers, three was ao iron lea,' em.
twitting one Spanish dollar, &foetal with the 'kuprebaissa ham
sacred out, and a paper.pated cuntalting thirty tit fer co.rer-
-1 ey. To the identity of these, at well as of the rid. for mailing
the impression, he could speak boars*: astute its
marks upon them at the time. Ou tokens the Pt limiter, iete
custody, the elder Boosn observed, that hr tempted the gaol
would represent the business in the most Utessurithlr l's4l.
bad not employed base metal, hot had oily eltansvd the on
presaion of g,enisior Spanish doll•irs.
The testimony of Foy was confirmed, in all its material path,
by the other witnesses. •
Mr. Ausav now took an objection, founded on the exprr,-jita
of the Act, which, in the part emicting the penalty; only re.'
(erred to the said" dollars. Now the " said" llott.lra, isa,a
peered, by a preceding clau-e, where dollars issued at o.e
shillings currency, but the dollars which the' Prisoner, sere
charged with haviug counterfeited were luso d and circulated fur
five and sixpence. However nice the diotioction might appe3ri
such distinctions were alWays received, when tbey could be d
all established in favour of the accused, so that in the ewe of a
man who had stolen a horse, it went determined that he nos. wit '
within the reach of the statute which indicted the peoult.) otdruis
on the otTence of stealing horses; and a new Act %salsas& it

• • conseqi.ettee.
Mr. HARRT, on the same side, argued, that this was not the
of distinctly pointed out by the preamble of the Act,ithirk
authorised the Bunk to issue dollars at live shillings, oil Milani-
lug an Order in Council for that pnrpose. It did not appro.
by the evidence, however, that the flank had ever obtained as,
Order in Council to enable them to issue dullan at the swa/
value of five and sixpence.
Sir Simon BLAgC overruled both ohjectiom. tut tby ground
that the dollars 410 W is circulation, only purported, to It;.:.
veer •ed as flee shilling pieces Thai 14w) at WT.
seat circulated at the tate of live shilliags and sisp-ci.,. t‘.o
for the sake of , üblie con reoirree, and upon an -endertukinz ro
the part of the Bask, mi take them back al a future i et:A -1
that value.
Tit:. Oiler 13agnall then put in a written pipet, it,
solemnly declared that be never had the inter', ion W ewrlnia 3
fraud, Doran), know ledge that he teas trnasgressiugrhe fans of
hit country. Ile bad suatle,Wie itultais lit the course (.1 his boa-
nes. 44 &dye-slakes, find in itiefxrcutino. of an o der foe
had re. eived Irma a person, who said he intended to tit-col:a
them in Holland. Whatever the Court sole,lit deter:Moo mei'.
respect to himself, he has they would consider his sniisie is
nocetst, and as acting tinder his influence. tle'elitio!d all wit-
neSlefi, Who he trussed would move that up to this eeriod at kit
unintentionally erring, he had maintained the character of as
honest man. . _

Several a itnesses gave the Prisoners an eace!lent character,
and s oted that 'lmelda(' in question was endplayed by the
itagtutlls, eg dye eiuL^rsand ornamental engravers.
The Jury, after n few 'Waffles coi.sideration. fari,tl a•I the
Priv .nets GUPty ; hut recommended the two sm.-, 4) of uho ot
i. 9.6, and the other 18 3 ears ut ag.., to pardon, as art,ut, ko‘la
paternal influence.

Letters from Rome announce a piece of Weld.
gene' highly iniPortant to all friends slid oilsili,era
of antiquity, namely, the discovery of, an am
building in the neighbourhood of Patestlitta• A
broad marble staircase, descending 611 steps, has bc"
already uncovered, and a pl:lce or room, in which
several statues are still staadrog upright in tt.eir
niches. The further results of this discovery ate edge r•
ly expected.
Yesterday morning a ste,ter, who was cove:ivg-in
one of the new housei in it. Alban,s.to reet, fed
from the roof upon the pavement, and was killed 03
the spot.•

LONDON: PriniPtl and Pobliiked Ity D. Lovas', al 15e
„STATESMIAM ONFICC, Not 3, SAitetrpcosst, Eitel-Erect.