Star. — London, England, 1819-08-07 00:00:00

I E 1 F d [ ry ',ii d r r. I V i ~,.. 1 11 -......, , I ....: ~ 'lf .... . , . . .., • . • , ___..- .. 14 ' , 4 ii , . I SUMMER ASSIZES. EXETER, AUGUST Z. STAK V. SCAMMEL. Mr. .Serjeent PELL stated this to be an action brought to recover damages for a most base and un - justifiable libel. The plaintiff, Sophia Stik, was a young woman only 22 or '23 years of age, of the most trreproa:liabie character ; and though reduced by necessity to the situation of a domestic in the family of the defend:tat, " once had meads, but Lot tune smiled deceitful on her birth." She was, indeed, descended from a most respect:6:e family, end her connections were still of a grade in lite much supe rior to that which she had been compelled to fill. The defendant was a professional man residing at Plymouth. lip to the middle of List May, her ser vice appareivly had been as grateful to her mastet, as it had been creditable to herself. It was painful to be obliged to detail family misconduct; but it was his duty to allude to such circumstances, where the case absolutely demanded his doing so. About that time, then, suspicions which had existed of an impro •per intimacy between the defendant and a female of the name of Wright, who resis.eu in his house, had ripened into such a certainty, as scented, to the vir tuous mind of the plaintiff, imperative on her imme diately to quit her service. She left it accordingly ; and it was on this eccasion that the defendant pub lished the label for which he now addressed to the Jury for au adequate reparation, could that, •indeed, ever he made for the loss of character which the charge of theft is sure to occasion, where, as in the present case, innocence is betrayed by poverty to the merciless revenge of malice. NVithout the slightest reason, the defendant had dared to publish of the plaintiff' the following false and scandalous hand-bill, which he circulated most extensively: " Plymouth, May CO.—Five Pounds Reward. " Whereas Sopliia Stakony servant, absconded from my house yesterday evening. and is supposed to have stolen some of my plate ; whoever shall apprehend the said Sophia Stak shall, upon her conviction, receive the above sum of XS. She i. about 25 years of age, stout and fresh coloured ; wbeever harbours her shall be prosecuted according to law." And what was the. suspicion which had excited this most gross outrage on her unsullied character? The defendant cheiged her with stealing two silver spoons, when, with the confidence of innocence, she offiaed herself before the Mayor of Plymouth, and demanded to know the grounds of such base and false aspersions, the defendant did not dare toat tempt to. prosecute his charges.. The spoons, it would be proved were afterwards found in the defendant's own house. The blow, however, had been struck : 'no innocence could save her: she went to offer her self in service—she was rejected with disdain—she was even driven from the house where she had retired on leaving that of Scammel, with every mark of painful degradation. Above all, she experienced that most oppressive of miseries—the being pointed at by every finger, as the proclaimed and proscribed thief— the object at once of moral abhorrence and of legal' vengeance. The Learned Counsel concluded, after a few more o' servations, a most animated address to the Jury, by calling his witnesses. The first was an officer in the Mayor's Court, Ply mouth. He remembered the plaintiff and defendant being both present before the Mayor on the 29th of May last. The former had been charged by the lat ter with stealing his spoons. The hand-bill in ques tion was shewn to the defendant, on that occasion, by his attorney :.defendant said it was printed at his re quest. It had been stuck about the town of Ply mouth. Plaintiff gave herself up : she was not in the custody of a constable. Scammel saia he had lost two spoons. Plaintiff denied having taken them. Witness searched her lodgings, but could not find them. He accused her of absconding Gum his service: she replied, that he had hail intercourse with another woman in the absence of his wife, and that she left his service s:tlelv on that account. On his cross-exa mination, he said, that he must have known if any one had taken her in custody ; that he did not recol lect the plaintiff's charging her with taking away her trunk throngh a window, or of his reminding her that he had forbidden her to go that evening. A young Lady, of a very respectable appearance, remembered plaintiff's applying to be taken into her s ervice on the 22d May last. She had declined her offer, on account of lver being accused of theft. Another witness, Suutherlands, said that the plain tiff slept at his house when she quitted Scammel's service, bat that he had ordered her to leave it for se veral reasons. One was, that he was liable to a pro secution for keeping her ; another was, that he did not choose to harbour a thief, and that he had reason to fear he should offend Scammel. Caroline Fryer resided in the defendant's house at the time plaintiff was there. In point of fact, knew the cause'of her going, but does ,not think that her intention was known to the defendant. The latter ordered her not to go; he told her that, as she had endeavoured to ruin him and Mrs. Wright, he would give her a character. The witness said, she went away at the same time, and did not return. The plaintiff often complained to her of the defendant's cruelty in attempting to take away her character, by saying she had stolen plate. Witness left her place on account of a circumstance which had happened on the Sunday, the same which was the cause of the plaintiff's going away. The hand-bill was here put in and read, and Mr. ADAM made a very ingpnious defence. Admitting the defendant to be the author and publisher of the libel, as it was called, he besought the Jury to con sider, whether he was not fully justified in calling the public attention to the apprehension of a servant, reasonably obnoxious to the suspicion of having pil fered his property. A second charge was made against the defendant, as a support to the cause, should the first faiL—that without any reasonable or probable cause, he maliciously accused the plaintiff, before the Mayor, of having stolen his property.— Tht Jury would be told, however, that this must be proved to have been done without any reasonable or probable cause: that it was done maliciously, would not be sufficient for the purpose. Much had been said of ber situation in life ; but it must be consi dered, before complaint is so loudly made of her Character being injtsred, whether she has herself done any thing td ii to compromise that character. The'spoimi, it' was stated, had been found subse quently. The apprentice-girl was called : why was lie not examined to this? The plaintiff had quitted her service in a clandestine manner : she was for aarel was raised by the polluting h ands of some 'from the persecuting assaults of the mob. Her lowe r bidden to do so. The moment she was gone , he pp found that there were two spoons missing : what then ruffians, and what was found beneath soon lost, in could be more reasonable than the supposition, l ances of which modesty forbids the th en.nienti Having that i the contaminating influenCe of gutter, ppear .as she had had the custody of them, and had de of the stable pond, she was pur camped in such a clandestine manner, she had taken ! sued with unabated cruelty to the suburbs of the them with her ? It was by no means to be inferred t escaped the perils I oat the charge being dismissed when before the .t" n , I the road side, to the imminent where of drowning. where the was again immersed in a pond by 'Magistrate, that such probable cause did • not exist. In the moment of irritation at being accused of an I Persecution being at length exhausted, she was left improper intimacy with Mrs. Wright, wasit sat un- to the kind interposition of some pitying females, natural for him to use something of the sort of vio. who conveyed her to a house, and procured those lent langitage, when speaking of the plaintiff? This, necessary comforts which her situation requited. The whole of the eviience detailed a series of bru without recourse to worst: motives, would account tal outrage, which wculdbe scarcely credible if re- Thefor and palliate what had been said by defendant. apprentice girl was called, who proved that hated of the most barbarous nation in Africa. The the plaintiff's box was given her out of a window ; mob was stated to be nearly 200 in number, hut the that her master told witness he missed two small only offenders secured were the Defendants now on spoons and some salt apoons immediately afterwards. the record, the rest having escaped. She said, she had not seen them for a long time be- The juvenile Defendants laid the blame on Pa tore; that he was not in the habit of maul; them ; tience and their companion before the Court, who ihat she told her master three out of the five spoons on her part denied altogether any share in the dis in use were in the cupboard, and that she had wash- graceful transaction. *I the other two in the morning tor the use of the The Jury, under the Learned Judge's direceons , family. She was present when plaintiff packed up found all the Defendants—Guilty. her box : there was then no shadow of suspicion that John Cm:leaden was indicted under the Black Act , she had stolen any thing, for maliciously cutting certain hop binds, growing on Mr. Serjeant PELL, in a most animated reply, de- Pt'l", in a plantation of Samuel Sauter, at Benen nominated this as one of the most striking instances den, on the sth of July last. he remembered of complicated cruelty and falsehood. It appeared in evidence, that the prisoner had Of- Ile entreated the Jury, as fat as damages could effect fered another man a shilling to cut the prosecutor's the purpose, to vindicate the plaintiffs character, to hop binds, but the latter refusing, he cut them him mark their abhorrence of the defendant's constuct, self. Under these circumstances, Mr. ANDREWS and to afford another instanct of the noble purPoses submitted, that there was no evidence of that malice a Jury serves, when they apply their understandings which was necessary to support this indictment, and in favour of justice and of right. " I have perhaps referred to a case decided by Mr. Justice Hea'h, aho imprudently described her as well connected : how ruled in the case of an indictment for destroying fish, sinks all honour to be derived liom family into insig- that express malice towards the owner must be proved. nificance, in comparison of 'that exaltation of cha_ Here there was nothing from which even implied racter to which a young person entitles herself, by malice could be inferred. such a strong moral feeling as was shown by the Mr. BERENS, on the ether hand, distinguished this plaintiff here. It was objected to her, that she went from the case referred to, as well as the ordinary out of the house clandestinely ; it was the part of case of injuring cattle, that the malice alleged might every virtuous woman, under such circumstances, if be com p ounded of a malicious feelir g towards the the door were shut on her, to go out of the window. master and the animal injured. The Learned Gentleman here commented on the evis Mr. Baron GARROW held that there need not be deuce very Forcibly. She hid herself at Southerland's express malice proved, but said, that if much proof three nights; but she was obliged to quit her asylum was wanted, the circumstance of the prisoner offer there. She was without a friend in the world but ing a shilling to another man to do the mischief; was the Judge and Jury, who were that day to restore sufficient for the purpose of this indictment. IF the her to friends—character—to life itself, taken from prisoner had cut the hop-binds, with an intention of her as it had been, when malice denied her the means injuring the prosecutor (which he left to the Jury), it whereby to live. What probable cause was there for was clear malice within the meaning of the statute. the defendant's conduct ? I will tell you, Gentle- The prisoner was found Guilty, and received sen nc of ea men ; it is given you by himself. Wha: does he say to • to her at her departure. "As you have attempted W e illiam d t W h. codgeravas indicted for nadiciousl y,stab to ruin me and Mrs. Wright, I will give you a cha- bing Elizabeth, his wife, with 4 case knife, at Off racter." This, and this only, afforded a clue to un- ham, on the 20th of March last. ravel the infamous transaction. Guardians of the It appeared, fiorn the evidence of a young woman public morals, it well became a Jury to visit with named F. Kettle, and James Nunell, that the priso the extremest vengeance of the law a crime like this, ner and his wife, who are both labouring people, had Whatever were the damages, however, the injury been married about a twelvemonth, and during that exceeded reparation, in the same manner as imputa- titre had lived together upon very unhappy terms. tion outlives vindication; and in spite of the acquittal : kbout eleven in the evening of the day mentioned in e indictmentrisonr d hom of a Jury, inventive scandal will sti ll be found ready th -h a publicouse at , thep Mai Town li e returne e from ng in a state of intoxi to adopt the recollection of the unfounded charge, cation. His wife, who had been to her uncle's in the and to point the shaft barbed with this mortal venom against her pure and unsullied character. same place, returned in a few minutes after him with Mr. Baron GRAHAM ably summed up the evidence a baby in her arms, and complained that she wanted food fur herself, and child. The R risoner began 'to to the Jury. He observed, that abiconding seemed to insinuate a flying from justice—an attempt to abuse her in violent language, which was answeredt by the wife in terms equally - provoking. He threw escape from its reach. Was this the case here, where her on the floor, and in the struggle which she after; the plaintiff was seen to have voluntarily surrendered wards made to get up, he seized a case knife in toandherself ? The Learned Judge very strongly alluded flicted a slight wound upon h left the presence of the defendant, when the plaintiff er• breast. The husband then left her, and returned home again at was present befog" the Mayor, and his suffering her ni to be discharged without following up his accusation t h ree mg Aas to her wound ; no surgical aid was called in, and when she with a prosecution. There was not a tittle of evi saw a surgeon, ays afterwards, ' he thought the dence to prove any thing lost even. The whole ap-, wound was so e lite sligs to require none of his assist !Leal ed to him an inexcusable attempt to ruin a young ance. It was s tat er t h at the witness Nurrell, that he kterson s character, and thereby to cover the infamy had reason to suspect that the wife was unfaithful to of one crime by the commission of another. The Jury returned their verdict immediately.— her husband's bed, and he swore that he did not see Damages—Two Hundred Pounds. any wound inflicted. The Learned Baron, doubting whether he could __ _ HOME CIRCUIT-KENT ASSIZES, AUG. 5. THE KING V. JURY AND TWO OTHERS. This was a prosecution at the instance of the Com missioners of Excise, against the defendants, Mary Jury, John Underwood, and James Cleaver, the two latter being boys about 14 years old, for a riot, and an assault on the person of Maly Cannagh, at Maid stone, on the 29th of March last. .J, examine the wife as a witness to support the indic► ment, conferred with Mr. Justice PARK, who being of opinion that she might be examined, she was ac cordingly put into the witness-box. After undergoing a strict examination by the Learned Judge, she prevaricated' and contradicted herself in several particulars. She was also contra dicted in part of her statement by the jailor. From The case proved against the defendants was in substance this s—A sister of the prosecutrix had been examined as a witness in support of an information against a man named Patience, for selling spirituous liquors at Maidstone, without a license, for which offence he was convicted in penalties. The prosecu trix had also been subpeenaed as a witness in support of the information, but was not examined. On the the whole tenour of her evidence it appeared that she had instituted this proceeding in consequence of re peated acts of ill usage, in order that she might get rid of her husband. The Learned Judge asked the Jury, whether, after the demeanour of the principal witness, they could come to a resolution of convicting the prisoner? The Jury instantly found the pi ironer—Not Guilty: 29th of March last the prosecutrix, accompanied by a li lend, went to take some refreshment at the Turk's Head porter-house, at Maidstone, where she met the defendant, Jury, and Patience, the person already mentioned. The latter and Jury immediately began to abuse her in very coarse and abusive terms, call ing her an informer, &c. The publican, seeing that the storm was gathering to a greater climax, begged the parties to retire from his house, whither she was followed by jury and Patience, the latter having ob ' served " that he would give a pound note had his 'wife been there to tear her clothes from her back.".— The following prisoners were tried in the course of the day, and received sentence of Death : John Woudgate, for horse-stealing ; John Manger, for bur glary; John Can, for burglary in the day time; Jos?ph Thorp slid William Davis, for a like offence; and John 111.1'herson, for stealing in a dwelling-house. ENNIS ASSIZES—JULY 26. TUE KING V. WM. BOROUGH, ESQ. AND J. srAGRATH. This was an ex•gjficia information filed by the AT TORNEY-GENERAL against the defendants, for con- . Firing, with others unknown, to transport a woman of the name of Judith Lynchy, to America. There - - As soon as the prosecutrix was fairly in the street, was a second count for assault and false imprisonment. she immediately became the object of the fury, not It appeared by the evidence of the said J. Lynchy only of Mrs. Jury and Patience, but of a tumultuous and her father, a very poor man, living at Clarefield, mob, .which instantly gathered upon the attractive in this county, that the defendant Borough, a Magis notice that an informer was " turned out." The irate of this county, and the other defendant, his te leaders of the riot supplied themselves with the ma- nant and steward, came to Lynchy's house, at Clare icric/ of offence from the neighbouring fish-market' field, on the 17th of August last, took away the and the kennels of the street, of which both afforded woman, and on pretence of bringing her before Ma great abundance, in the guts and offal of fish and jor Warburton. the Superintendant Magistrate at mud, with which the hapless prosecutrix was imme- Kilrush, put her into a boat, and rowed towards, diately assailed. In a few minutes she presented the and actually put her on board of a vessel then under appearance of a wretched culprit reeking from the sail, with passengers for America ; that she was ac pillory, and not a trace of the " human face divine" tually taken to America, and brought back by order, was to be seen in that which might be considered a and at the expense of Government. good countenance. Her mouth was filled with the For the defendants, three witnesses were produced, decayed intestines of fish, and other unsavoury con.' who swore, that Judith Lynchy went off with her tributions which the fruitful resources of Cloacina own free will to better herself, and one of them swore could furnish. Not contented, however, with endea- that Judith.Lynchy had been contemplating a voyage vouring to smother her by these means, she was lite- to America for upwards of a year, and that she was rally hunted into the pond of a stable-yard on Ga- trying to prevail with the witness (another tcniale) to We s-hill, where, if she did not find lodging, she ex. accompany her. Eerienced . all the dissreeables of good washing.— The Jury, after a short deliberation, found the de. L EVen litirsgarments afforded tier person no.protection i fendahts Guilty upon both counts in the iatorniation. POL/ . tradesman GE tV.I cliante‘ y M. MANSION HOUSE.—'A terday, with haring interfered with too ot c h e ccrs, v. ho were tearing dow n a political placm.df ° , i ' . the front of Carroll's L o t t e r y Offi ce, in Cinh,,•4' The bill was entitled " A K e y to t h e H ouse of e l mons ;" but it proved to be nothing more th an advertisement of a book with that tick. The dc dant had presumed to ask, by what author;a-' 1. „17 officers wantonly tore down the advertisement }f t was mist% eied by a declaration of their au:bar...4y a officers. Words having then passed between " they took him into custody.—The LORD :lA‘; asked, by what authority .he had interfered va s t ..." officers, as to the bills ?—The defendant %pi:ta il ,. he knew the printer and publisher of therl.. xl whose name (W. Dolby, Wardour-street) ma :s i ve:it to it, and knowing him to be a man ofintea r a, , 5 felt indignant at seeing his property destroN•, : ,, , ,._ , / ,, Loon MAYOR asked the defendant a aal a!yat; was ?—He answered, he was a plate•rn inuLetna and had come from Sheffield.—The Loaa Was a said, that if he was one of the Country (ielllkM el come up to town for the purpose of parading City and interfering with the offi:ers, he wa s rr i st , t4 in the attempt. The City walls, or even the baa,i t of an individual, were not to be defaced or disgra ct i by bills of any description.—The defendant said, it r assumed no such right, and his Lordship w as a l to gether mistaken in supposing he was an idle feiko from Sheffield or thereabouts. He had been a nufacturer in London for the last twelve years, sr,} At present resided in Gray's-inn late.—The Less Mayon said, this altered the case very much. If e i• vrottld, however, recommend him to attend to ha inanufitctory, instead of looking after postin,l, , -biik The defendant replied, that he had no such r,bjer t i l view. As to attending his manufactory, he was sons to say, that trade was very had, and he had sulfa • • much from want of employment.—The Loan NI enquired if he had any thing to do now ?—The fendant replied, " Very little indeed r but he woe kaendeavour to content himself with this little, a make the most of it. l After a few other words, defendant was dischaked. Bow-smear.--Vesterday was the Evcond day fad for the second examination of the sax young men W 3 .1 were sent to this Office by the LORD Masora , Tuesday last, on suspicion of being concerned is r beries at West-End Fair, viz. William Spink, llamas Topky, Frank Portionl,Al,l4d Piro and John Young.—Jay, the constable of Hampste 1:lio was so dreadfully wounded in his head and hod attended yesterday in a very feeble state, but eau', not identify any of the prisoners as being among tho who attacked him. A young man who in cc parry at the time accompanied him, bathe could at identify any of them. There being no specific wreact charged against any of the prisoners, they were dered to be taken back to the LORD MA'j)R. TOWN-HALL, BOROUGH.—Yesterday anold worn , came to Mr. Newman, at the Justice-room, aed ta quested to be informed bow she was to proceed ap:ii the AttornerGeneralli for the tecovery of sever thousand pounds, which he had left her as a legacy. Ilex whole manner denoted such frenzy, that Mr. Newman had no doubt of her insanity, and being unarillins to touch " titre string which borenot health- , ful music," told her to wait awhile to see if her claim would be adjusted, and if not to bring her ealea against the Attorney-General for the amount. Aes," , said the old woman, " but, my Counsel is dent e , where's Sir Samuel Romilly now ?—where shalll , find anotherdike him to guide the rudder of the law? Then, after a pause, " I wonder how the d—l," • she, " they can do without, him in Chancery. Ot! talking of Chancery, I don't like the constructiond , that Court ; it shall be altered, and I shall In.ve the , whole of the business done by. steam r A gentlena , present said this would be a most salutary plan, an would g, o a great way towards diminishing the pa. lic burdens; the legislation proposed...by Dr. Wanes or the old women at Stockport, would be nothing a it. " Nothing to it ! to be sure not," replied t • • lady, " and if once I got my fortune I would m • • , many other improvemeati; the should • removed into llyde, Park, and Hyde Park s'iould sent to the devil I" Being repeatedly told that he s application was not of a nature which came wi ma o isterial cognizance, she flew into a violent pa sion, and went away for the avowed purposed ing the Court of King's Bench for a criminal ink: nation against them. - VIEWii ATE an. LE 1 DEN II ALL - MARK LTS, AD; t. (By the Carcase.) Beef 3s 6d to 44 64 I Veal ........41 Od to Si Mutton 4s 4J to 5s thl 1 Pork .........4, ad to lamb, ss. Od to 6s Od. PRICES or HAY i.a.STItAW wv YESTERDAY. ivL ST. J AUCS'II. w . r thy 41 Os Od to GI 12s Od May... 51 Os to 61 GO . f C gt l rl ovVo l l l oo 6s s W ed t toe to 01 Os 0,1 'l 38 (4 . . N St bw raw d°. 2 4 l os to 1 1 1 Os to Clover 71 7s to 31 1 " PRICE OF HOPS. Heir sac,. stew rorszts. ' Kent Sussex 4l 15s to :1 Ss Sussex i :; I 1 : 0 1 Essex ...... 01 Os to 01 Os Eserex F▪ oreign ... 21 Ss to 31 ISt Farnham 7l 0, to :1 - PRICE OF CANDLES—From Tallow Cloudier: lIJ - Candles, per doz. 120 Oa—Moulds, 13s Gd; ed. pertioo a allowed for ready e • PRICES OF GOLD ANDSILVER. Portugal Gold in Coin, per oz. Foreign Gold in Bars N.:Lw Dooblooos Naw Dollars ,•• COUNTRY MARKETS. . ; •L o:roan, Arc. s.—The price of a Bushel of I`.*i:t !•• The lialf-peck Loaf, Wheaten, Is. 10d.—IlousehoW , e JRANBL. Arc. .5.- 1 11 heat Ss. OJ. to 9s. 6,1.-13-6. Its 8s , a t ocd-1;b zsG etelsies Od per quarter—Bread, , Os od pe artr_ rb e usht ea —lLar i le , y , , a 57, per sack. ;:. New•si ß cL l E r.: J, A ue:isa ri. esuor s : .- sA3t : tio lh oot e so a .s t__ 4 , r, 32s to 4 0 s—Oats, :Ms to is—Beaus, 405 to ;. - 7 4 —J'' to ..i . ssßread, c i s o 7 L d t 1 , A mo' T S'llps at Market. Ships Sold. Pri se 21 Newcastle 52, 9J to 41'4., c 7^§ * 4 Sunderland 1.) C I Cinders 1 250 0,1 55 H iGg ruing -W - . 56 n ATliltat !AIN DON BRI 0G g .i . n ir t O ito 3 1 . - -"` . .;: { r l .4 Y 0 ° 11 Am moon - _ . LONDON : Pristlr l a 4 i t d ptl) .„ l n i i h i.li ed ic ibli: Et f. 14 1. 1 1 . 11 .0 1