160 THE GARDENERS’ 
however, could swear to the identit 
J. rE. Anderson pre i called, he di 
Aj 
y of Captain Douglas. OnSir 
Tinea peer ayn all questions 
himself, d therefore 
He es accord- 
Law. 
Rotts’ Court. ape she Bo ae von case, Ww 
several days before the Cot 
ale. 
dale, im giving judgment, vai ingly told;he might leave the box. e case for the prosecution 
trustees of afund for the benefit of Mrs. Samuel Fyler and her | having closed, Thesiger was uit toaddress the jury for the 
children should be m le for the deficiency of the as: prisoner, when Mr. Justice William: ated that it was unne- 
‘ing from the impro; estment of the p’ ipal, and cessdry. After a short consultation with the Common Sergeant, 
ismanagement of the d, and that Messrs. Blunt, Roy, Mr. Justice Williams said—Gentlemen of the Jury, when the case 
Blunt, the solicit: of the City, should be ered to repay the | was first c on, I was very much surprised on being informed 
amount of the said deficiency, they having as const) ve | that no counsel was instructed in support of the prosecution. 
trus' > at end f the money on the i . | This is a circumstance that I exceeding! , as it has thrown 
cient security The facts of the as follows :—Mr. upon me the task of examining the witnesses ave, however, 
Champneys Fyler, wishing to make a provision for his m performed that task — + of my power an lity. I have 
law and her children, placed 19,000/. — Five per Cents. ri the called before you and ¢: he witnesses whose names 
hands of trustees, giving Mrs. Fyler an interest in the procee appear on the back of the bill will vith the greatest care and attentio! 
for life, and the children ion; this am lace in 1814. | I have also inquired if there were any other witnesses who co 
Between that time apo the year 1822 mer f this D ed capable of giving evidence, and no one ai red 
ey took _— by einen and i itw oe sty 3 Mr. Fyler | feel it, therefore, my duty to say, Tam clearly of opinion that the 
laced various , amounting i cag whole = ee ” in e evidence whi as bi adduced t sufficient to support the 
same trust, cd tee the sam, e pi ropose: dictment—in fact, that there is n wi ver go toa 
that the nature of the investment Spot oa ‘changed eon ury. No doubt onthe 12th of December a d fought on 
funds to a mortgage, in order to increase crease the ant of the in- | Wimbledon-common, hat after it!a man was wounded ; but 
come. One of the trustees objected to thi ulti- | there isno legal evidence to prove that the prisoner at the bai 
mately resigned his trust to Mr. James C. Fyler, the original k part in that transaction. The pri: charged in th: 
Sages otc took the trust under th © Tesponsibilities as | first count with maliciously shooting at ey Garnett Phipps 
. Baxter, a builder, who, as well as Mr. Fyler, | Tuckett. Now a card hi produced, which I hayeseen, but 
ve = ‘etl ent "of Messrs. a Roy, and Blunt, wanted a sum of [ it cannot be eived in e' 5 on that card the words 
money on the mort; f a house in Park-lane, and 6,500/. was | “ Harvey Tuckett” only appear. Itis clear there was no legal 
lent to him upon i re identi Mrs. Dann could not speak to the identity of the pri- 
CHRONICLE. 
[N° 1o, 
aes sacdi~ cama Speer, perpetual curate 
for hasiae been repeatedly guilty of the crime of di 
and also for having eas " Hennenty guilty of “decent conc, 
pretend mar, and languag: rpetual ct, 
as well in and during the co) ivine offices stan 
vices in the church, as befo fee and after the performance of ak 
divine services and offices.” The sui 
a tem fee i 
umerous witnesses 
Sir H. Jenner said i peor me ke time to con. 
“a and would give judgment in the course of the en. 
TATTERSALL’S.—Tuurspa withstanding the absence 
ral subscribers at Liv expo ol, the e betting was more spirited 
onation maintained his pee as first 
red at 7} 
ion. His companion, 
bee of the outsiders found patron: 
e other security as i other notice than the following list Pi qu motations :— 
an investment, and they recommended that the money should be | was the eater was wounded. In short, the evidence DERBY. 
re-lent to Baxter upon the ity of two houses—one 74 had totally failed to support a indictment, and therefore sc 4} to 1 agst Scott's lot (taken) 1000 to 30agst 
street, which was said to be available for 1,500/.—the other in isoner was entitled to his ttal. The jury immediatel, eh gt Hwa cle (ae) ano ae o ee cngardia 
Upper Brook-street, Grosvenor-square, 0 of ed value of | turned a verdict of Not Gui dt ag me inthe s Deviclerts cue aaa 
5,000/. The house in Regent-s ld for 3,500/., and, The Loss of the Dryad.—The trii k and Mich: al- 20 to I Cameleon 2000 to 30 Gammon Box ftaken) 
although the mortgage cntisnited in amount upon either of | lace, for the destruction of the Dryad, Paint on oat sday 20 to } Pale 2000 to 30 Tecein oe {taken} 
he securities, unly 1,500/. of it was paid into the hands of the uch rest been excited by th on account of its = oe = Prince C in ws SW histl tae pee vine we ory 
is was manifestly wrong, and should never have imy — ‘0 —_ i and to the trading ser bes ) ihren soo pa Masta a retey be 
i yy those having the managem the trust. | interests of the country. e pris e committed, it will 25 to 1 shal Soult (taken) | 1000 to ustapha (taken} 
the course of time Baxter became a bankrupt, and on the sale | be remembered, oes 0s to the inet resell Mane the trial was 2 to | ph 
of the house in Brook-street it only produced 3,500/.; and after Aap ed ard an application by the Attorney-General, who eae ap 
deducting the money due for ground-rent and other chi , there ated that the prosecutors were then unable to eaiiaes a'mate- MARK LANE, Far » Ma —The arrivals 
remained but 2,364/. to liquidate the mortgage. There was an tial witness n: aioe Fitzpatrick, whose evidence went to prove the wheat during the week have been 1 1oderate, and the condition 
evident desire on the of Mrs. Fyler and her family to save | actual peas of “the Dryad. Fitzpatrick was on board the vessel | 8°2© erally is bad; we do not observe any alteration in prices.— 
harmless their benefactor ; but this, with all other cases of hard- | when she was alleged to have been destroyed, and he afterwards | Foreign is a slow sale on the same terms. In barley, 
ship on trustees who act with the kindest impulses, must not be | joined ots Majesty’s Navy, and was with the fleet in the Me- peas there is no variation in value. The supply of oats from 
allowed to influence the Court in its j ent, or it would open | dite when thi ary pele naan took place | Scotland and Ireland is considerable, and meets a steady sale at 
the door to the violation of all trusts; and the court must refer | before the magistrates. The indictment w: laid before ate elgg Fh 
the case as ed all the trustees to the master, to take | grand jury in due course, and in the afternoon they returned a | wheat, Besex, Kent, bie: Bikolie aE in a3 ste 6a swe 
on of rt thereon. As tothe | true bill_—The —_— pleaded Not whan £ —Patrick Wallace | _—— ’Norfolic, Lincolnshire an and Yorkshi Sa White 0 to & 
plainti essrs. Bh , and Blunt, the solici- | was first proceeded against. Witness e brought forward by jarley- - - «+ = + che and fd distiliing = Fina Grind. to @ 
tors, should be declared jointly liable for this appropriation of the | the Attorney- we that th ie peso rs hail Jaid:oat | Oat Lacclnshire and. Yor Yorkshire - ees Feet 2e 
fands, on the grounds that their connexion gave them | large sums in ahem icies effected on goods which had ae eee Scotch” Lae is 18 Poeun 
a direct interest in obtaining the money upon the ins mt se- | never b earn shipped; that their object was wilfully | Rye .. .. +... . + ah oo . S04e 
curity of the two houses, and that the money came their | to cast away the ship, and come upon underwriters and | Beans, Mazagan,oldandnew . 34049 Tick 35 Harrow 8) 
hands in satisf: of Baxter’s debt to them. ~ pee was | get from them the payment of the sum of 4000/. ; and that they — Heligoland . 5 hyip? aes ae eee Losgret 2 
not inclined to is length ; but this was | cases | had actually ed in om the evidence aR ea i = x 
showing the difficulties in which s olicitors im Agee elves | of the witnesses.it appeared that the vessel sailed oe ies WEEKLY BRAGES- 
when injudiciously acted for two combntine interests atthe | bound to Santa Cruz, in eepeser Psi and from ye. | Beans.) Peas. 
sametime. The money was paid by Baxter to Blunt and Co. to | ofthe voyage cir xcite ‘ithe orn picions mars diated 2 ee 
the amount of transactions with —. before he | of the crew. The ship eae, ee ‘aia not pursue the proper | February 5 +: 1| 39 6} 3910) 
(Lord Langdale) for or against responsibility, | track. She met with no stress of weather, an tain all =e aris 3) 40 0} 2 & 
reek eak.anec Che eante Stedan’ plasiings in the cause, and | time had full command of his course. It would appear he ought a ams ag Bee By 
judgment on Monday ; and if it were agai ese gen- | to have st outh side island of St. Domingo, aks picts isl iS 
should refer it to the master to report upon facts. | and so on Ss — s the direct and usual ks’ Ag: A ; 2| 39 6] Bs 
Viee-CHANCELLOR’s CouRT.—Gompertz v. 4nsdell,—A motion | course, but he thought fit to go to the north side of Hayti, or St. é 
in this made before the Vi ¢ by direction of | Domingo, At Anagada he made an attempt to rum the vessel on Duties wo} u op ne 
the Lo wing to his 's indisposition, to | a reef of rocks. That attempt, er, did not e 
change the venue from Ex ‘an issue which the | proceeded. He kept close in-shore until he came toa GAZETT. WEEK. 
Lord Chancellor had directed to try the legitimacy of Henry Gul. | the Silver Keys, and there again he made-a direct run | _ DECLARATIONS OF INSOLVENCY.— —H. Baker and 8. Cars%, 
ling Isaac, through whom the defendants claim the enormous | the shipuponareef. He was of what he was about, not | Hadleigh, Suffolk, millers ay SEs Chester, “tea-dealer. 
hich is the subject of the suit. The circumstances of | only by these who were on bourd-with Hise, but a signal-gon was BANKRUPTCIES ENLARGED. —w. Wits son, Wakefield, York 
have been so fi fi iefore the public that it is only | fired by the captain of another ship;called thé Bencosten ; wfiag | Shire, innkecper—W. Larwan, Halifay. Yorkshire, linen-draper: 
now to. : in ion was was hoisted to warn him of -nis*danger, but-still- he would not BANE RUPFOIRS: ANNULLED.—J. Tuzeman, Ai 
‘om Joseph Isaac for life Children, and that | divert from his course torumon the breakers and get on the reefs. | B-_Mutse, jun., Blue Anchor- -yard, Berman panes 
in sailed 
his course, for he ought to 
Qaten, was the summer o! A and of this ‘o hav Cape ; but 
fact, on the last etre at Exeter the f the al attendant | instead of that he continued to creep ee the coast, Took ts Hind 
of the family were for the first time oeaneci to show that medi- | an bey sare ne cast away the sence! and when about 1 
cine had a ily which would have = appli- | from Cape Cr e again ran the vessel on th een: whe 
cable only to Oo any young infant. medical | might have poiret no off, but the captain would not allow anythi 
witnesses were ¢: e part of Mr. Gom: 5 ~ Oo were *) be done, and then the ship and the greater part of her cargo 
of o t confinement to which the medicines Tefe- relost. The captain and his 
hat the men ate to fon whence the 
rence did not take place till December captain hi ver returned, 
it would have shown that Henry Gul 
before marriage of his ts. great 
ghbourhood of Exeter, where the parties re- 
amined as to the recognition.of Henry Gulling 
Breat di 
Isaac as a legitimate child; but there was screpancy in | that hi ew to be false and fraudulent, effecting insurances upon 
their account of his t age, for there no ‘idence % tal loss again and in, giving undertal 
of his birth or The , however, found for his legiti- own e and sometimes in the name of 
macy ; but the Lord Chancellor, w viewing the evidence, | his brother, to account for any goods that might be saved.—The 
‘was not satisfied that due weight had been gi t e medi prisoner’s defence, as made by counsel, Mr. lips, consiste 
testimony, and directed another issue. The app ion was 1 chieffy in representing what he termed the improbabilities of the 
made to have the venue to London, in order that the e made. st him; that the whole affair resolved itse! 
tiff might have the testimony of the physicians, | into three ts, of each and all of them, it must, as a super- 
ag number of whom had been applied to; but some refused | structure, be assumed that Captain’ Loose wilfully cast away the 
altogether to go to Exet: d others required enormous com- | vessel; if that was not proved, themthere could be n 
pensation for thei o ices. Sir es Clark and Dr e . Ifthat point was got over, then was not 
Arnott declmed g- Dr..Locock require 100 guineas a day, sidence to say that the goods nev ere on board. 
and his attendance would be for not less than seven ¢ two points were believed, there was no m t 
days. Dr. Davis, Dr. Merriman, and others, made si e- | conclude that the prisoner knew board, 
mands. The plain .o asked for a further advance of 2,000/., | and that the captain intended to cast away the vessel; that the 
on security, to assist him i The cellor had ad- | evid entirely upom the testimo: persons only 
¥ani , on a former is amount, which had | whe spoke with reference to the loss of the vessel; that it was 
been pended. The ants, it was said, had obtained | not feasablethat Captain Loose ould have acted so foolhardily as 
25,0002., part of the fund, upon representations which turned out | to his- own life by cast a the vessel; tha 
be 2. defendants, op’ ion to the motion, con- ion had been ie to bring the case home to the 
tended that the evidenc edi en was to be contrasted | soner, and though his house had been searched nothing was fo 
with that of the other witnesses who at Exeter, that it | tending to criminate him.—Chief Justice Tindal summed up, and 
would be a great hardship upon th Bs — up witnesses | observed that the jury gues not consider that Captain Loose was 
to London at an enormous expense. nature of the ease on | dead ; on the con’ . Serna ‘assem to show that he was 
foth sides was detailed at great le hn but we abstain from | still living. I a Eaieter rial whether he was alive o: 
stating any observations of counsel which might pi judice the | not; but under the rounetatiiae “—~ was quite necessary that 
approaching His Hono’ a aft a ——— to the Lord | the prisoner’s conduet should be inquired into. Before they could 
Chancellor’s judgment, in dire oe the issue, in which his Lord- | pronounce a verdict of Guilty, they must be satistied that the Ang 
ship laid ere oreeenre —— nee on to medical te: pepe. and | was cast away for the purpose of defrauding the insurers or 
expressed hi eto ha = thoroughly sifted, and to know the | owners, and that the oner aided, abi |, counselled, pa er 
pene renadl if, th ought the Lord Chancellor v in- ed that wicked act. $ way, thi 
opanion of @ 
tention. (to ak his Honour w: ~y ee to attend) could not be 
satisied without a bere ces i or Westminster, where lene 
the attendance of the m: ant. pri ——— a be obtained 
wit! eee © that. would ai ‘ 
Rr bela were tie 
whether the 
for hi: st wing a at the 
ere no pon goods on bone s those alluded 
was es e prisoner s should 
Oe aoa ‘there w 
2 c: 
ce toa Bi 
cient ‘was made for 2 a furt! =the el wal ‘ ere of 
CEnTs. Ar CRIMINAL . Oroarin. Fbiak of Captain Deashee -—The in ve a profit from it, then it i wogks 
main interest o TOM be ort m 
an induce 
Se its meraegane with the a 
trial of Lord Car seer © House of Pi The indictm 
soe the prisoner with ‘sein, on the oth Séphensber last, om 
“soa ndsworth, — or assisted to fire a loaded pistol 
went over 
case in oe hands © of the 
pet Garnett Phipps ett, with intent maliciously to kill | seven o’clock, and returned into ne 2a at nine 
and bier thesaid aces ~ East count he was charmed wend ot bg kal s Lordship deferr mt. 
with to de n some bodily harm. Captaim as pleaded Ane > Cou me of Tuell ce : heomneet by Burder 
= iity. Noco 1 apper on behalf of the prosecution. eitest Gece. The arg n this case (which has been under 
witnesses wi ethe same as were examined uponthe | disc’ for several days, saa th excited considerable interest) 
on Thursday. It woe ms cna ok aes 
was brought to a close 
secretary of the Bishop of Win 
_‘ promoted by Mr, Joba Burder, s' 
nufacturer. 
BANKRUPTCIES SUPERSEDED.—E. Leake, clothier, Holme, 
Yorkshire. —W. H. Bisnopr, upholsterer, Birmingham. 
BANKRUPTS.—J. G. P. Heyiineer, Tottenham-c road, 
silversmith—S. Fenn, Bromley, Kent, —J. FAULKNER, 
jun., Danvers-wharf, Chelsea, builder-—T. CoremAN, St. Alban’s, 
3 shire, vi er—W. Brrpon, Abchurch-lane, wholesale 
dru t— Ag “= S,] ee otel-k: —G, BOARD, 
‘Bristol, grocer—J. Lynn, Norfolk, victualler—H. 
Knorr, Gace Bauonne. bailder— Metror, Macclesfield, 
linendraper —J. FEAVER, 
G. 
Nether Compton, Dorsetshire e, sailcloth- 
manufacturer — er 
G 
n, Lyy-lane, London. —J. Kwicut, " babehor 
apie Worrers, maltster, Melford, Suffolk.—H. GEMSON, 
hire.—W. Hannarorp and N. 
Devonshire 
bri 
= Yorkshire. 
builder, acme 3 Priors, Warwick.—J.F. MASTERS, perfumer, 
ge- er —T. R. Wa licensed-victualler, TowW- 
cester, Northam 
SCOTCH SEQUESTRATION. —W. Brown, St. Mary’s- s-wynd, 
Edinburgh, cl ier—W. Woop, Aberdeen, » pookseller—H- JAck- 
son and sé, Mruacitener: hat-mantfacturers—R. Nexow, Glas- 
gow, hatter. 
——$—$—$—_—_————————— 
s.—On the 15th ult., at Pau, in the Basses Pyrem 
oti Mis. Lp here of a daughter.—On the 27th ult., 
mont, B — pos lady of F.P. Beamish, Esq., M. D., ofa 
mday, the Ist inst., the lady of J. Ww. 
street, 
well, Mrs. Ww. Gibbs, o —On 
Moo! rege — of sates ea M Middlesex, en a pap ete ooo 
MA af tie _ ‘of Jan. last, at Boughia, near Smy™ 
J. F. Hanson, Esq., toEliza Zoe Werry, daughter of NW ier 
Esq, her B Britannic Ma: aye ty’s Consul at as,—At Cam! 
weil, on the 3d inst., the Rev. J. Angus, M.A., of Wal 
Amelia, fourth daughter of W. B. Gurney, Esq., of 
—On the 3d inst., at St. Mark’s Clerkenwell, N- Freeneartity 2 te 
H.C.S., of St. fve’s, Cornwall, to Lonisa, eldest daughter of 
late T. Shirley, of Ch place, Blackfriars. 
Diep. —On the 2sth ult., at Wilton-house, the Countess 0: 
burne.—On Saturday, the 20th ult. 
se 
Regent's-pari late of ‘New 
sons. BRapecry and Eves, “Lombard-stree& 
viele diene in the Precinct s jtefriars, in the City, of Gee 
Soars and Poniehert by themat the rmesiy 3, CaacLes-ST® wed 
o GARDEN, in baw County of —_, where all Adv 
i addressed to the EAT 
the Rev. Wilfred curate of 
wise “for being an habitual drunkard, and 
