Star. — London, England, 1809-11-16 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, N0V.15. TliF GOVERNORS OF BM:TON SCHOOL V. COZENS. Jr. RICHARDS stated this to be an application from the Governors of the Free Grammar School of Bru ton, in Somersetshire, for the removal of the Rev. Islr. Cozens, the present master. The present appli cation was made to his Lordship, as the Visitor of all public charities of this sort, and the grounds of the motion were contained in several affidavits, which he s hould now submit to the Court.• The affidavits eon wined various allegations, asserting that the school w hich had been liberally endued, for the purposes of gl :In) rnatical education, in the town of Br u t on an d i ts r ,,„ 4 hbourhood, had fallen away almost to nothing,' t:youels the neglect of the present master, who, in stead of attending to the business of the school, had become farmer, and was in the habit of going about t o fairs and markets in the vicinity, for the purpose of , selling Isis cattle, instead of forwarding the boys in -armatical learning. That he had g i ven t h e b oys to ,, many holidays, and had been seen playing at jives with them in school hours, or sometimes en caged in the rural sports of angling, shooting, &c.— That he had converted part of the play-ground into a f ar m yard, &c. in consequence of which, the school had tallen away to nothing, and his office had be come quite a sinecure, to the complete neglect of the e r izinal object of the institution, and the detriment of .;- , .interests of education in the town and its vicinity. Oa all these grounds, the Governors Submitted that Ya. Cozens should be removed, and another master t ' a reed in his room. They had also drawn up, with t l, e vprobation of the Bishop of Bath and Wells, the Lieco , in, a set of Rules fur the future regulation of t!:e school, by which they proposed allowing to the rail eer £lOO a year, and four annual exhibitions of fusty pounds each, for boys sent to the University from the foundation. 'Arr. HOLLIST appeared for the Defendant. His jest, he said, had been appointed master of the s chool some years ago, and succeeded a Mr. Mitchell, 1 in whose time the school had very much fallen off, so to be much in the same state as it was at present. Whatever might be the causes of this it was not ne recsary to inquire-; but he had also to add, that there were not above four or five boys in the place, whose , a:ents were likely to send them to obtain a gram rillLiCal education. He had also to submit, that the various charges of neglect against his client, were seeed to have taken place in the period of seven years; 1 ••:;' would it not have been much fairer, had the Go veracas waked to his client any instance of supposed rcrlat at the time, instead of coming upon him with as accumulation of them all at once, and attempting, deprive him of the principal means of his subsis tdr.CC ? Mr. Cozens admitted that he had rented 30 3C7.-?S of grass land for about two years ; but this was v. - :.en he expected to get boarders, and it was proper to provide milk, &c. for the family. As to the &see of dealing in cattle, it was quite ridiculous to that selling a cow or a hog, and its pigs, at a' ; neghbouring market, made him a cattle-deal er . The stieol having fallen off before he came to it, it wasi laudable in him that he had betaken himself t. ilaraing in a small way ; and at any rate he was ahtays ready to give instructions to such as had a os come upon the foundation. If he even played a. :Ives, or indulged in rural sports with his boys, it • rn holidays, or after the school hours, and this c'tli never he attributed to him as a fault. His s:as placed in a most unfortunate situation ; fes- t'e-dings in an action of ejectment against him, be: ic , lst by the Governors, had already cost him £lOO, a arm he was ill able to afford ; and should he be ter . .veal from the school, he would be reduced to a Se: ti no of 'treat hardship. The Lono CuaNcEtaant said, that he should feel it 1. 2,'1t3" to peruse most carefully the affidavits on both. ;ides. He must say, however, that he could not e , l-:?.::11 the master, unless the present state of the i • ?'as ()wise.; to his misconduct. He had known 1 s - e.- where the masters were most excel-i 1:7• t• rite Pissed, and where such desertion could only • -ribed to the taste of the people. It was owing t. 7 , ny causes, that these endowed schools were rot L Jul as they ought to be ; but he would not cra iato these causes at present. COURT OF KING'S BENCH, NOVEMBER 13. IFP Grand Jury of the County of Middlesex were this day As usual. M• Jut. Geost, in a very eloquent charge, adverting to r,sent disturbances at Covent Garden Theatre, observed, I on. having no depositions before him, nor any particular infor ?)..vici, he could only speak to the law on this bead goterally.- - 1 0 —Ault or riot, tending to the destruction of the property of ar irAvidual, was undoubtedly a misdemeanour, and that of the nature. I: was also a breach of that good order by " • the bonds of society were held together, and for the sake ch mankind associated, and entered themselves into ties *-t al intercourse. That, from the description of those per ' ...Aid t o b ? concerne d , no d ou b t the perpetrators were actua t. `"''u• worst of views; but as he was unacquainted with any thccireemstances, except from report, be left it to their con -4: vr'.;V. and trusted they would act, in any cases that came be ' i with their usual judgment and discretion. NOVEMBER IS. 1:1;: 4iN(; O. FRANCIS FREDERICK POHLMAN, JOHN KEY.. LOCK, AND SARAH HARVEY. The ATTORNEY-GENERAL prayed the Court for ptinerit on these defendants, found guilty at the Lon.inn Sittings after last Term, of conspiring to .e 2 ,300 for the sale of an appointment, to be • • !)y the Lords Commissioners of the Treasury, of • i.,ce of Coasting-waiter in the Customs. F.LLENBOROUGH, before whom the indictment 01, read his notes on the trial ; and long affi v!..s,,p. mitigation of punishment by each of the de. '•••••ts• r:ere afterwards read by the proper officers Ciart ; the principal points of which were al*- : i . wards ur ge d b y t h e severa l C o unsel for the se v e r a l (Lerid:ii lh , as follows: F,;.INASE and Mr Atiot.rnus, for the defen dant I').]llman, addressed the Court, not nr mitigation ~C ;;.: .ace, but of the punishment to be inflicted cn (i:Tcadant. They admitted that thanks were lite t) the Attorney-General for his interference in proscnt case, and were rejoiced to find, that in cc of that interference, advertisements for I'e =al of public offices were now at an end. It was • ly :..ttitral, they contended, for their client, who .ts a frieigner, to fall into error, when every news- T..tper contained an advertisement for the disposal of and their client was only the means of intro. :.7cirg patties to cacti other; nor did he intend shiaest deceit, advertising in his own name, and • iemng to his own place of residence. The persons tr answered the advertisethent, the defendant Pohl.: man referred to the Custom-house Office ; and as to what his evidence had stated about dispensing with the Custom-house oath, this the defendant swore him self to have understood to refer to the oath about the age of the party. It had also been stated in the evi dence, that the Duke of Portland had received mo tnr on account of the sale of places ; all the defen. dant Pohlman had intimated was, that per'sons about the Duke had received such money. The defendant further stated, that not a single public place had ever been sold at his office, and that he had received no emolument from the present negociation. The de fendant Pohlman was a stranger to this country and to its laws ; and the learned Counsel imputed half his guilt to his ignorance of our language and our laws, and urged his imprisonment from July, on the sur render of his bail, in mitigation of his punishment. Mr. DAMPIER, for the defendant Keviock, urged that no transact;on had actually taken place, and that his client and his partner were th? dupes, and not the duping. Mr. Hesse, the negotiator for the place, had got his money back, and it was Keylock who added the clause in the negociation, that no money should be received from Mr. Hesse, unless he ob tained his situation. Notwithstanding all the clamour which had been raised about these things, his client had lost between £6O and £7O by this concern ; and it could not but go out into the world, that when these negotiations did take place, they were losing concerns. The Learned Counsel concluded, that notwith standing all the flippancy about oaths which the evi dence detailed, that obligation was never mentioned before his client without his expressing his sense of the seriousness and s3lemnity of the obligation. Mr. GURNEY, on the part of the defendant Sarah Harvey, urged that she was the mere dupe of Jere miah Reding, whose name had been introduced into a negociation in which Lord Castlereagh vas impli cated, and who introduced himself to his client while he was in prison for debt, as a person connected with gentlemen of high rank in the State. If Reding could impose upon them, then the Learned Couns..) contended that it was not very improbable that he should impose upon his client. He shewed her let ters, which she believed to be genuine, and she nego dated his business for him ; at first believing him to be a rn.tn in distress, but was afterwards persuaded to accept of a remuner •tion f r heir great trouble, and actually accepted of a promissory note for £5O, which was never and of which she had never received a farthing to tins :l :v. She had never been concerned in any pr . or transaction of the like nature, and did not know preisot to be illegal ; reading advertisements to its cffect in the newspapers every day. She had but a siend.:r income, and two small children to suppr•rc; and these circumstances the Learned Counsel pressed in mitigation of her punish ment. The Arrow. GMBRAL, in support of the prose cution;said a good deal had been urged on the ground of the frequency of place advertisements ; the fact was, that such advertisements were by no means common ; and though they might appear to be not illegal on the face of them, when you came to the en quiry they could not appear otherwise. There was not a single person who did not believe, after inqurry at the defen dant's office, that a very scandalous sale of offices was going on ; and the extent of the mis chief which this impression produced was, that all public offices were objects of traffic. By this means the Government was - brought into disrepute, and thus the mischief was effected. The Attorney General rejoiced in the assertion, that since the present trial this traffic had ceased ; but it would not cease if a preventative punishment was not awarded in the pre sent instance. The defendant, Pohlman, the Attor ney General contended, was not entitled to indul gence after his present evasive affidavit; as to his not knowing of the illegality of his proceeding, be urged that illegality and the proceedings of the House of Commons as an excuse for his not completing his un dertaking ; and as to his regard for an oath, the oath in the present instance was stated by him to have been only a little trifling oath that the party had not pur chased the place ; a circumstance which at once showed the defendant's knowledge of the illegality of his proceeding, and his connivance at perjury. The defendant Pohlman, too, conversed at Mrs. Harvey's with a third person, who talked about another place, as a qualification for which the oath had beers stiff, but swallowed. Wl - .en persons who were brought up to receive puni!. meat oefore his Lordship de fended their coadnct in , teal of apologizing for it, they were open to the :,everest censure. The conduct of the defendant Keyiock had not been so bad, bat it Was far froin in.; Nam ;he knew what was going on, lad share!', the proiits. The Learned At torney General cfail,l not ccmnrehend how their of fice could be beset from morning to night, as they stated it to have been, and yet no other instance of the sale of an office to have occur. cif, as they stated it. But supposing all these defendants swore to be true, the mischief to the public was done in answer. in g enquiries, by professing co have the means of selling public offices of trust, and the public mind had in fact been so impressed. As to the compara tive innocence of these defendants he had to learn till to-day, that those who kept houses to decoy prosti tutes were less blameable than the prostitutes them selves. As to the defendant, Sarah Harvey, whose i guilt, according to the defenders of Pohlman and Keylock, infinitely exceeded theirs, that was for the! consideration of the Court. But she threw the odium from herself to Reding ; the prosecution of the Court could be directed only against the actors in the af fair; and if it were not so, it would be in the power of any person to place himself behind, to the evasion of public Justice. The Learned Attorney General wished that Pohlman and Keylock had stated who applied to them to open an office for the sale of pub lic places, and what those places were ; but he was disposed to think their whole pretended authority and power untrue. Lord ELLENBOROUGH adverted to an important do. current annexed to the affidavit of the defendant Har vey, in which £9OO were said to be received by Sikes, Snaith and Co. Mr. GURNEY—" Which sum she handed to Red -I.ord Etaxseoaoudit—" She is not implicated in this ; the bearing lies in three other directions. Let the several defendants be committed to the custody of the Marshalsea of this Court, and brought up for judgment on Saturday sennight. Tut sac 0. CLAIMS. Mr. RAM moved for a rule to shew cause why an IRformation in the nature of a quo warrant° should not be directed, calling on the Mayor and Corpora tion of Liverpool to shew cause by what authority the Defendant, Mr. Clarke, acted as Mayor of Liver pool ? The choice of Mayor lay in the whole body, but it had been customary, that the election might be completed within the day, to carry it on by tallies. The two Candidates at the last election were a Mr. Drinksvater, and the present Defendant. It was pro posed by the friends of the former, in order that no advantage might be taken, that the parties should toss up for the first tally, but Mr. Clarke's friends cpposeJ this, stating, however, at the same time, that each should have his turn. They then proceeded to take the tallies, beginning with Mr. Clarke. When at the third tally they came to Mr. Drinkwater's side, his tally not being completed, they returned to Mr. Clarke's, which was also incomplete. They were then requested to return to Mr. Drinkwater's, which was now full, but this they refused, and entering five more votes to Mr. Clarke, mule proclamation of the election in his favour, at the hour of twelve o'clock, although the election did not commence till ten o'clock. —Rule granted. COURT OF COMMON PLEAS, NOV. IS. CLIFFORD V. BaAsnox. Mr. Sergeant SHEPPARD, for the Defendant in this cause, which was an action for assault and false im prisonment on the part of the Plaintiff, who is a Bar rister at Law, against the Defendant, who is the Box-keeper of Covent Garden Theatre, moved for a Rule to spew cause why the action should not be set aside, upon a variety of grounds which he had to plead in justification of the Defendant's conduct. First, that the Theatre was duly licensed and au thorised to represent comedies and tragedies, and the Managers to demand such prices as they should dr m most expedient, for the admission of an audience to different parts of their house. Secondly, that the Plaintiff, accompanied by three other persons, on the night stated, did illegally commit a trespass in the said theatre, for the purpose of obliging the Managers to reduce their prices ; for that, during the exhibition of the farce, the said persons did create a disturbance and riot, to the interruption of the performance, and the great annoyance of the peaceable persons there assembled to enjoy the amusements of the evening ; and that the Defendant, being a principal servant of the house, did, what he conceived to be his duty, give the Plaintiff in charge to a constable, in order to re store and preserve the peace of the house, and pre vent the farther progreis of riot. Thirdly, that the Plaintiff did, on the same evening, instigate many other persons by his example to make disturbance and riot, and to interrupt the performance on the stage. These were the principal grounds of the learned ' Serjeant's motion. He regretted the necessity of , urging so many different pleas on this occasion ; bat they were rendered necessary by the different objects of the riot and distur").:lnce in question. Sir J. MANsriEr,D.4 4 Take a rule to shew cause. I have beci i told that it has been given in opinion by some great Lawyers, that people may enter a Theatre, pull it to pieces, knock the actors on their heads, and make as great a riot and noise as they please—and that all this is lawful. Have the Managers brought actions against any persons ?" Serjeant SIIEPPARD.--A4 I believe not, my Lord." Sir J. MANSFIELD." Because if an action was brought against persons who could pay, the result would be widely different from the circumstance of mere admitting to bail." COVENT-GARDEN THEATRE. The row commenced last night in the third act of Speed the Pine', and at half-price it increased to the usual pitch. There was no difference in the cast of the play from what we have already criticised ; we have only, therefore, to repeat our praises of Mistresses GOBS and DAVENPORT, Messrs. MUNDEN, ENIERV, CHARLES KEMaLE, and the rest of the dramatis per use, for not suffering the present unfavourable cir cumstances to render them careless, .but continuing to exert their utmost powers to please, amid all the discouraging tumult around them. The arrival of the half-price hour as usual formed the signal for general commotion, and the effects of the•O. P. influenza were evinced by a general cough, which suddenly seized the audience in almost every part of the house, and drowned both the music and the voices of the actors.. This exertion of the lungs ceasing, recourse was had to the usual experiments of the 0. P. saraband, the 0. P. chorus, and the 0. P. ronda. The latter was played on the seats of the pit, by able performers, who beat time in a tremendous and stunning manner with their sticks and bludgeons; thus varying their performances with all the custo mary eccentricities so often experienced in the 0. P. Ballet, by John Bull. The creaking of a rattle gave rise to new scenes and events. Scarcely had the discordant sound of the first reverberated through the house, than four others were raised in other quarters, which were followed by the blowing of horns and thunders of applause. Several of the Bow-street officers, who had hitherto remained neutral, now rushed forward to secure the rattlers, and, after a sanguinary contest, which was marked by the most horrid confusion, and during which it was utterly impossible to distinguish one party from the other, they succeeded in seizing one person, who was seen plying the rattle with great vi gour, and conveyed him to Bow-street. At the ter mination of this battle, considerable horror was excited in the minds of the peaceable part of the au- ; dience at seeing the apparently lifeless body of a well-dressed man, borne from the house by three or four persons from that part of the pit where the con test had raged with the greatest violence. It was im mediately buzzed about the house that a man had been murdered, and far some moments a sensation of , alarm for the probable consequences of this event per vaded the minds of numbers who witnessed the cir- ; cumstance. Their fears were, however, groundless, as will be seen by a reference to our account of the proceedings at the Police Office, in Bow-street. There were only one or two placards, and these were old affairs. Several women were so much alarmed at the tumult in the Pit, that they were ob liged to be handed over into the orchestra, to escape the further pressure of the 0. P.'s, in their attempts to gain ground to the front. The Boxes were excee dingly quiet, with the exception of holding out one • placard, in the seccnd tier. After thecurtain dropped, the 0. P.'s sun; 4 , God :Ave the King," and Ruie Britannia," and then dispersed. BOW•STR iIET.—A Gentletnan of the name of Wright, was charged by one of the special constables with having sprung a rattle in the pit, and excited considerable disturbance by h.... - tons and disorderly conduct. The witness stated, that the prisoner was the first person who commenced rattling, a;:d that he ran with great viele:!et from le top of the pit down tr.wards the orchestra, near which, after a most obstinate resistance on the part of his adherents, he was se cured, and with 50... a diffi ul. y conveyed out of tits house. Mr. Wright denied Char he had commenced the use of rattles, but confessed that he took the rattle from a Gei:tieman's i and who stoic! nest him, and heady rrten ly sprung it. He ako tk niA that h.• had made any resistance, or be':avet: in any mann( r unbecoming the character of a gentleman, on being taken custody. Mr. GRAHAM ortlered him to find bail, which I.e did in a few n'inures, and was th,liargi'd. 'l•he attentio of Mr (1-t HAM WZS hen atteaced by aGe rle man of the name of Powell. • Mr. Powell aliiri-s.AI the Sitting Nta;istra, Mr. C.: & nit Ns, an , l informed I , lm, ?he n very part'eul',r o r hi., •:. lam, littenatiraper, of Queen-street, Cheapside, ua; murderid in the pit, and was carried out by l'erry, the watchman, to an a &- thetary's shop, in Ckaries-street ; that there was a per, ,u, the office, whom he saw as,i3•o!..g in the :curd r; the same person who bad charged Mr. Wright. Mr. GRAIAII observed, this Mr. Powell ought to be very cautious how he announced a man !is he intire.end ; he ought make himself acquainted with "cry !'act, beton: s itt ior.b to the world such a citarge. ihe worthy Magi & th:n directed Lavender, one of the °Mei rs, to go to the a;,whec try's, and 'iring him an account of the state of the man who was reported to be dead Lavender returns!4 in ten ntinites, and reported, that the apo. thecary sa'd, he cattiti nut find that he hau any outward bruise, or wounds, but that he might have recri:ed an inward her: wiun brought into his shop ; he seemed very taint, tv.d on this, the avo thecary mixed some strong hartshorn and ; he r-fusai t take i•, or to be bled. He requested that a hackney coact) in.ght be sent for to carry him h.a:ne, w..ich was accerdintly done ; a).4 Mr. Co .vlam got into the carriage, and, or.!.ered the cuaehntan t drive to Queet.-s• r( et, Cheapside. A Mr. Wienholt then entered the efii:o, and informed the Masts trate, that he had not been able to find Mr. Whiie, who ;.:.d as saulted him on a former night ; that the per.-in wha had stolen 11)s hat was then in the pit, and he learned that !vs V. as u::ith; he had four Ge;nlernen to prove he was the p ; he thought that it was his duty to mention, that he Lad been info: m ei that a Gentleman was killed in the pit, and that bndtb ;:s a nung those who caused his death. Mr - . G ttAunss then addressed him nearly as follows. " You are the lag person who ought to com2lain of ill usage— , you, who, I am informed, go nightly to the 'I lure with a 1.1...1ge on your breast, to incite riot—you, who woul.t wi,it to be tn-ni,itt the patron and protector of rioters, 'stave no viva to conti:Lat. ~f the issue of that disturbance of which yourself was toe of the in , stigators! If, tnifoitunately, a mail had lost his in this d or, my conscience would direct nee togrant a warrant a~.tiast you, before any other person, for your daring, obstinate con(.!:;ci." A person who was in company with Mr. Wienho!:, :aid whom we also understand to be his So:icitor, ohs•lrved, " that a man sitting in a box coal never he answerable for a riot its the pit, lei the consequences of that riot be what they wouki." Mr. GRAHAM said, he most essentially differed in opinion iicm him (the Solicitor); for if a man, sitting in tke boxes, by hi, iy pelrinee and conduct, excited a riot in the pit, he was equally liable, as the nun who pe:petrafed a crime ter winch the pet ‘on in the box laid the ground work. Mr. Wb:nholt then left the Ofice, saying, that ke would attend the horn every night and wear 0. P. en his breast. Exton was charged by Mr. biraiii;on, with standing up ott the seats in the pit, dancing, playing at sitq,•le-stick, ar.d ,p. iffy ing a rattle, during the performance of the a t:rpie:c ; and by that -neans creating a riot. He was certain of the norm of the defen dant, from his clothes, he being dressed in Volunteer's uniform. This statement was corroborated by the evidence of Mr. gib bons and Mr. Gray. Mr. REA D then interrogred the Defendant.—" What are you " A journeyman grocer and tea-deal:r, out of place." " V‘ here do you reside?"—" I ledge at luaeph Wright's, grocer and tea dealer, Nu. 276, Whiteehaper " What corps do you befong to ?"—" None." " Whose uniform is that you have on ?" " My landlord's." Mr. READ.—" He is committed." Another person named Wright, then came forward to charge a young man named Nichols, with Lssaulting him, and was vies ceeding to relate his tale, when Limerick the officer said, tat Nichols was the person who first gave charge. The tables were then turned, and Nichols became the complainant, and being sworn, be stated that he had been sitting in the pit ali the evening in the :nost quiet and orderly manner, without taking part on either side of the question, when he was assailed by a iitniun with 0. P. In his hat, who, because he would not join in making a tu mult, struck him and knocked him down, when lie was beaten and kicked in the most violent manner, and received a stab sword, or some sharp instrument in Tile hand. He was at length, however, rescued from his perilous situation, and ‘ucceenet.i in securing his assailant, and was conveying him from the hour, when lie was stopped by Wright, who rescued Ina prisoner, and struck him several blows. Mr. Wright, in reply to this, po:ifivey dea;ed that he had ' been concerned in any quarrel or dispute during the evening, and that he never saw his accuser, till he came up to him in the lobby of the pit, when the body of Mr. Cowla n was conveying out, and seized him by the collar; for which assault he was about to take him into custody, when Limerick came up and received his false charge. This statement of Mr. Wright was corroborated by his em ployer, a gelid( mall named Malcolm, who positively swore that Mr. Wright had not quitted his side during the whole evening, and, during that time, had conducted himself in the must peace . able manner, without interfering in any of the prevailing riots. Notwithstaitaing this clear refutation, Nichols persistd in his charge. Mr. GRAHAM, however, said he must be mistaken, and dis charged the complaint. Mr. Powell again came forward, and said the man Nichols, who had just made his complaint, had hold of his friend Cowlam by the collar, at the moment he was knocked down by Smith, and expressed a hope that his complaint against him might be taken. This, however, Mr. (la.euA fa declined, but ordered that the address of Nichols should bi• taken, in order tlut he n.ight be found to answer any charge which might hereafter be brought against hint. The Elizabeth and Unity cartels are raurned to Plymouth from Morlaix, whither they had carried sick, aged, and infirm French prisoners. The vessels were not permitted to come near the shore, nor to land for refreshments. Yesterday the old woman, who has been a pest to all the Courts of Law, and both the Houses of Par liament, attempted to gain admittance into the pre sence of the KING. She entered the lodge, at the time the Ministers, &c. were going to attend the Le vee, and was proceeding up the passage, when one of the porters called to know to whom she was going but she made no answer : it gas, however, immediately discovered who she was, and she was turned out, when she became very abusive, and harangued the popu lace, saying, as she could not get her grievances re dressed by the Judges, she would see the KING. Mac manus, Townsend, and Sayers, who attend the Pa lace, took her into custody, and conveyed her before Mr. Read. One evening last week, during the p nfol mance at Shrewsbury theatre, the lodgings of Mr. SiIUTER, Co median, were entered, and a box stolen therefrom, containing some valuable trinkets, and upwards of £2O in cash ; the box was found a i . e. , : days after ;n the river Severn. The above sum was not only the little hoard saved on his benefit night, but it also in eluded XS, belonging to the Manager, whch had been received by Mrs. Siiurim at the box door, on the pr:- ceding night. •I* o , r . -- . i