Star. — London, England, 1828-07-31 00:00:00

for performing a Gretna Green that was written about, f •try years ago, under the pretence that it was the; Grdna Green which had been brought out a few years ago. To take another instance, Lord O s .o e y h a d written si play on the subject of Henry V. but who would think cf calling that Irakspeare's Henry V. being -an historical subject, it must necessarily have some features the same, but in the development of the characters, and in the conduct of the plot it was as a .. ferent as if.in-toad of Henry V. of England it had been the history of Henry IV. of France. He was sorry to have detained the Jury so long, and he could assure them that he would not have done so, had he not felt that the deepest interests of his client depended on the points that be might he able to urge in his favour, and that, if he could not obtain their verdict, he must quit that Court ir ruined man. Lord TENTILaDIEN said, that whether or nor the de fendant would be tuined, was no qudstion of theirs, all they had to do was to administer the law as it stood, without looking at what the consequences might be. A great deal had been said about the harshness of the pre sent measure, but he did not know why; if the legisla ture should think that the present law was wrong, it was in their power to correct it; but as it stood at pre sent, it was clear on the face of the defendant's own play bills that he had violated the law six times. It might be true that neither Home's play, nor Shaks peace's, was exactly performed as written, but his own bills only ptokssed a play,founded on those productions; and it, therefore, appeared to him on the evidence that there could bents question but that they must find' a verdict for two penalties in behalf of the plaintiff,- " Take & rerelict.therefore," concluded his Lnrdship, add: min the Associate, for the plaintiff—Damages, One Hunched Pounds. The Asnocaara—Gentletnen of the Jury, you fiod foe tbeplaintif on the first and third counts—Damages, Oae Hundred Pounds. NORFOLK CIRCUFE—CAMBRIDGE, JULY 29. Odor tbe.Losp.Csair &sou). WENTWOOLTH V. SULLEN. • Mr. GIINSIING said that,thic was an action brought by the plaintiff, an attorney, against the defendant, also an attorney, bcth residing at Cambridge, to recover a com pensation in damages for a malicious arrest and false inapt i.otifnent. Mr. KELLY stated the facts of the case on the part of the plaintiff, which he afterwards proved in evi dence. The plaintiff had been a Solicitor in Cam bridge for the last twenty years; and though his prac tice was net extensive, yet it was sufficient to afford him a competent subsistence. He had become the most . gagee of certain estates, and, in the year 1821. having an occasion for an advance of money, he mortgaged SOW of the property to the defendant, Mr. •BuUen, for 1,954. The property was of quite sufficient value to secure the money advanced. Sullen was an attorney also, and that was important for the Jary to consider, in order to show how the action had arisen. The defendant having brought an action for,the recovery of the interest of the money lentto the plaintiff on mot tgage, the latter entered into a contract tift pay the Amount, vie. 2591.' lls. 7d. on the May following, and if he failed the de fendant had power to issue an execution against him. On the 7th of May it.was not convenient for the plaintiff to pay the amount; and when the October of last year arsived, without any notice being previously served upon the plaintiff, he was taken in execution fur the sum of 1,950/. and he was thrown into a prison, where he had lain ever since. That the defendant had the power of issuing an elocution according to the terms of the onrtweiti for the amount of the interest. 2591. and Upwards, was not denied; brit the plaintiff had been taken in execution for the whole sum lent on mort gage—principal and interest. That it was an illegal act on the part of the defendant no one could at timpt to deny; and that it was also cruel and op pressive there was as little doubt. Had the plaintiff bean taken in execution for the 2591. only, he bad friends who would have advanced him that sum; but be could not obtain so - large a sum as 1,9501. The plaintiff, wishing to get out of prison before the expira tion of twenty-one days, to avoidthe commission of an . bet if banknaptcy, which to him would cause peripa oast aoditieuievable injury, entered into a negotiation with the defendant on the subject.; and in fact the panics appeared before Mr. Justice Bayley. at Chambers, who • made an order for the plaintiff to be liberated, upon his entering into fresh securities to pay the two sums' of 156 i. and 1.9501. at different stated periods, to undet take not to bring an action for false arrest, &c. and to tbe Sheriespouadage. The amount of the claim of the fslibriff for poundage,on taking the,plaintiff in eze• egotism for one thousand nine hundred and tufty pounds, was above sixty pounds; and the plaintiff having been unjustly arrested and imprisoned.refused at first to pay a claim which arose in cons-temente of the defendant's owe illegal conduct. To ask him to comply with such terms was only adding insult to injury; but the plain . tiff would have acceded to these hard terms it the se curities had beta prepared by tae defendant in time to avoid the effect o f the Bankrupt Laws; but the defend ant wilfully delayed, and the plaintiff was declared a liaokistpt, after being in prison above twentyone days. The plaintiff's ceditors did not proceed *with the Commis•ion; the plain tiff assigned all his property for the benefir of his creditors, and after winding up his affairs there was 2 cnnsiderable surplus. This showed that the plaintiff might have raised the two • hundred odd pounds with ease at the time he was • taken into execution. The Learned Counsel did not know if the Learned Sergeant rested his de fence upon the older of Mr. Justice Bayley ; the plait tiff had a clear right to abandon that order if he so pleased, and to go on with his action. In fact, Mr. Justice Bayley had refused to stay proceedings on being ap• plied to by the defendant. The plaintiff was now in gaol—his family, property, and business ruined br this illegal act of the defendant, and the Jury would give such ample damages to the plaintiff, for these - injuries, as they coosi,:ered he was fairly entitled to. Evidence was called, proving the facts it ited as above. The cognovit was produced, and it appeared that the defendant was only empowered tl issue execu tion for the sum of 2591. odd, and not for the 1,9501. The witness, in cress-ezarnination, proved that the plain tiff could not have been injured mach in his professiunal •business, as he had but one or two clients at the time ASI his arre•t. • Itr. Sergeant &oases made a very able address to sbelieryen the part of the defendant. He stated that the 'roof the defendant—the respectable Solicitors, Higgtson and Sanders, of London—by mistake issued it.. execution fur the larger sum, under the notion that if the plaintiff was taken in execution for the smaller wen, he could not afterwards be taken in execution fur -the larger amount. Ttse.e Gentlemen had not received the decadent's instructions so to act, and the chair of ' malice and opprhsion was entirely without foundation. He trusted the Jury would give very. temperate dama ges in a case that *role from mistake only, if bis Lerd ship should be of opinion that 1 verdkt must go apfinht him. - Mr. Sergeant Sroaau called witnesses, Mr. KELLI replied, and The LORD CHIII-PAROP said that it was clear. from p the terms of the co ovit, that the plaintiff ought not to have been taken in execution for more than 1591. and 'that he was entitled to a verdict. If the Jury should be of opinion he had been oppressively kept in prison by the defendant till the time expired, which caused him to be declared a bankrupt, that was a circumstance for their consideration, in estimating the amount at da mages. They would also look at the circumstances of the plaintiff, and give only such reasonable and mode rate damages as would compensate him for the injury complained of. The Jury retired for about a quarter of an hour, and on coming into Court, delivered a verdict for the plaintiff —Damages, One Hundred and Fifty. Pound.. (Before Mr. Justice HOLUM%) • Mary Griggs was indicted for, and found guilty of, stealing one gold ring, and other wirier, the property .of a young Lady of the name of Ball. Son her trial A prisoner, the only ocher person for trial, gave evidence for her, deposing that she (the witness) and the prisoner were. walking on Parker's piece, in-this town, when the latter found the ring in question. The Jury, unfortu nately, disbelieved the testimt)ny of the witness, and found Mrs. Griggs.guilly, and she was thereupon put by till the case of the other accused was disposed of. arid it was or, the trial of this latter that the point or evidence arose which const;tuted the peculiariiy in the case. Anne Slogrove, aged 21, was put to the bar, charged with having stolen a muslin flounce, value Bs. a piece ,of lace, and other property, the goods and chattles of Miss Anne BAIL kt appeared from the statement of Mr. HUNT, the Counsel for the prosecution, and afterwards by the evi dence, that the prisoner was a very intimate fiiend of Mrs. Griggs. the last prisoner, who was the cook in Miss Ball's family: The prisoner was in the habit of going to the house of . the prosecutrix before.the family were up in the morning ; and on one occasion, when all the frmily except the son were gone out, she was found concealed in the pantry, and said she was there "to frighten . the cook r' Suspicion filling on Mrs.Griggs, she wai discharged, and She went to reside in the house of the prisoner, whose house was afterwards searched, and the ai titles, the 'subject of this indictment, found in her box. Mr. GUNNING, for the prisoner, elicited, on cross examination, that at the time the property was found Mrs. Griggs was on the bed in the room of the prisoner, in which was the box containing the stolen articles ; that she (Mrs. Griggs) had at that time in her hard some valuable articles of jewellery belonging to the prosecu trix, which she was endeavouring to•coneeal ; that she had time to hide any thing in the box of the planner, on hearing the footsteps of the officers of justice on the stairs; and that the articles which were observed by the constables on the Friday in her box-semained there on the following Monday, when they again searched the room of the prisoner; and that the prisoner did not attempt to deny that the box was her's. The prisoner, in her defence said that Mrs.-Griggs had put the articles into her boa, and had hertelt acknowledged so. Mr. Gunning then proposed to call Mrs. Griggs, who had just been convicted of a felony, to prove that she had, unknown to the prisoner, concealed the things in her box on heating the constables coming up stairs. Mr. HUNT submitted that she was not a competent witness, having been convicted of felony, and therefore, by th• law of England, Prievpabie of giving evidence. Mr. Justice HOLROYD, after some discussion, was of opinion that Mrs. Griggs was a.competent witness: She had, it was true, been convicted of a felony, but she had received no sentence, and non coastat that she might not yet arrest the judgment. The sentence was neces sary to give effect to the conviction, and till she had' been sentenced she was a competent witness. The Learned. Judge, however, suggested that it was hardly worth while to call her, as the evidence on the'part of the prosecution, however much of suspicion it might cast on the prisoner, was scarcely such as to justify their finding a verdict of guilty. The.Jury,agreed to this view of the case, and acquit ted the prisoner. STAFFORD, Jett 29. °IOWA Sws—Before Mr. Baron VAUGHAN. Mary 'natal, was indicted for feloniously setting fire to a certain dwelling house at Burton upon Trent, in this county, on i the Sd of June last, which dwelling house was the property of Joseph Wilson the elder.— The indictment contained twelve counts, varying the allegation of intent—tour counts charging the intent to detraud Joseph Wilson, four with intent to defraud the County Fire Office, and the four last counts charged the intent to defraud JohnThos. Barber Beaumont, Esq. The prisoner. wbo moves in a respectable rank in life, had bten admitted to bail by Sir o,wald Mosley, and had surrendered to take her trial, which excited .consi derable attention. Mr. Sergeant Itusser.t. (with whom was Mr. Jus rice), in opening the case for the prosecution, stated,' that judging from bis own feelings, the Jury might Viink it wculd be a relief to them to be _spared the investigation of the present . prosecution, but be felt, it wa, his duty to ,proceed, with this case, and he was confident the Jury would coincide with him in that opinion, when they heard the facts of ft. The pt ironer was a young woman of highly respectable connections, who obtained her livelihood by carry ing on the business of mantua-maker and milliner.— She had, however, the advantage of connection and conduct, except in the present accusation, which was for a capital offence of great malignity. The Learned Counfel could have wished, ks he had before stated, that the Jury might have been spared this inquiry ; but he must add sincerely, in hii professional character, that from what he had heard and seen of the case he ent.rely approved of the investigation, as one which was required by public justice. He would only lay before the Jury the facts of the case as they had occurred, and leave them to form their own conclusion. The Learned Counsel then proceeded to detail the facts as subse quently given in evidence, and concluded by requesting the Jury to give the case their most humane considera tion, assuring them that the prosecutors would be best' satisfied by a verdict of acquittal. Mr. Joseph Wilson, sen. stated that he resided at Burton-upon-Trent. and bad a large house at the Mar• ket-place, in which the prisoner resided, at a rent of guineas per annum, the prisoner can-ying on the boe-. ness o f a milliner and mama maker. She was tenant of that house on the SOth of Jute last. Joseph Ward, a saddler, living in the High -street, at Barton-upon-Trent, said he lived near the prisoner;, and that at about halt-past eight on the night of the 3t,th of June, he heard the cry of fire. The in mates of the prisoner'. lkouhe consisted of herself and three sisters, five apprentices, ; female servant, an/ a lodger. In consequence of a neighbour oiling , witness that he saw smoke coming oat of the back attic window, he vent to the house, and.saw Miss Whate ly sod told her all was not right, for the house was on fire. She sa'd it was impossible. He replied, he would wait while she weld to see. She went up stairs instantly, and be v, sited in the hall till she returned. When she came down she said there was a fire, and begged him to go . up stairs, and put it nut. He went tip accordingly, and found all the room in flames, and therefore left it to go . and fetch the engine. James Goodhead temembeted an alarm of fire on the SOth June from the•last witness. In consequence of that he went to the prisoner's house, and sent into the top most room ; he did not look exactly at all that was in the room, but saw the bed on fire. The bed was in one corner of the room, and the corner of the bed nearest the centre seemed to be most ignited. lie could not see from what the fire proceeded, but he saw a box under the bed at that corner which was in flames. He threw some of t"e things towards the door, and the fire was extin guished. He afterwards examined the sacking of the bed, but it was not burnt or damaged, except at the corner he mentioned. There was a rush matting kind of a carpet on the floor, that was burnt just where the box stood, and it was consumed about four feet in one di r.ction, and six the other way. The burn was at the corner just where the box had stood. Witness thought the fire had proceeded from the head to the font of the bed; the window was open, and of course there was a di aught tin oug.h the room. Tire prisoner's Counsel, Mr. RICHARDS and Mr. WH TELEY, declined asking the witness any quetions. Richard Rue, a constable and fireman, at Burton upon Trent, said, on the evening in question he heard the alarm of are, and went to Miss Whately's house. lle.went up to the attic, and. there he found a box and the bed all on.fire near the centre of the room. He ob ser red that the fire proceeded from the box, which was under the corner of the bed ; he also found a basket of clothes on the .floor of the room, and the basket was nearly consumed. Witness .here produced parr of;he bctrom of the basket, a mere .fragment. The fire, he said, appeared to hare drawn from the centre, in con sequence of the current of air from the door to the wiadow. Witness.here produced the box, which he threw out of the window on f nding it in a flame. Mary Insley said, she was servant to Miss Whately is 1 June last, and she remembered the fire; at that time there were five apprentices and the three MissesWhately residing in the house; there was also a Gentleman, of the name of Peters, who lodged there. On the night in question the witness and one of the apprentices had asked leave to go out. When they had left home, there was no one remaining but Miss Whately and Mr. Peters. Witness and the apprentice returned about a quarter past eight o'clock. Miss Whately told her to go up stairs, and that on her washliand•stand she would find a note, which she was to take to Mrs. Rice's, in New- street. Witness found the .note.on . the washhand-stand in Miss Whatoly's bedroom, and carried it where she was directed. The bedroom had a bed with curtains in it. The room where the fire commenced had not been occupied since old Mrs'. Whately's death, which happened the Wednesday night previous. Witness had made the bed - in that room after the death of Mrs. Whately, and she left nothing in it but the mattress, bolsters, under blanket, and upper blanket. There were valance in the bedstead, but they were not up. Witness had made no fire* in that room, nor had she been in it with any candle. Witness asked her mistress how the room could possibly have taken fire? and she replied that she could not account for it in any way but from the circumstance that her !nether had been a queer sort of a woman, and used to keep phosphorous by her to get a light in the night, and that might have been the cause. of it.. Cross-ermined by Mr.. RICHARDS-Mr. Peters had lodged at Miss Whately's for a year. He was in the profession of the law.' He was about to remove to Hall fix, in Yorkshire. I first went tothe house in-Michael mas !AA. - Old Mrs. Whately was then going into a decline. Mr. John Charles Peters said he was clerk to an at torney, whose employ he quitted previous. to the first fire; and having lodged at Miss Whately's for a twelve month, he prepared on the 30th of June, as he was• going to a situation at Halifax, is Yorkshire. On the evening of the 30th of June witness was constantly in the house, was continually in the company of Miss Whately, and perfectly accounted for the time which elapsed in a manner wh ch evidently showed that she could not have gone up stairs without his knowledge, up to the period when the fire broke out. Mr. Baron VAUGHAN—AS far as time can be ac counted for up to this moment, I think it is satisfacto rily shown that it is utterly impossible the prisoner could have set fire to the house. I don't know what there may be'behind.l have carefully watched the evidence, and certainly should take ic, as tar as we have gone hitherto, that it is utetly impossible MissWhately could have set fire to the house ; but at the same time I think it a vet) , fit case to be ir.guned into. Mr. WHATILLEY asked the witness whether it was possible for the prisoner to have gene up stairs and fired the house during the time that he was there, and pre vious to its having. broken out, without his kndwledge? The witness replied that it Was utterly impossible; and said further, in the course of his cross-examinat on, that having a want for a box to pack part of his lug gage, he asked Miss Whately to lend him a box to con vey some rough articles. On that sic had turned a box upside down which had contained phials and other things which had belonged to her mother, and these articles remained upon the floor of the loom in which the fire broke out. ►Mr. Baron VAUGHAN here again interposed, stating, that he thought that it this was the only ca e that could be made out against the prisoner, it was not strong enough to go to the Jury. The only thing which had occurred to him as most important, was a fact which was stattd by the Learned Counsel ft ,r the prosecution in his opening, namely, that two fires had taken place within a mouth after hn insurance had been effected, and within three days of each other. This certainly was sufficiently suspicious to warrant the In surance Office in' prosecuting. and no blame could pos sibly be attached to them, because in a case of this nature they owed a duty to the public as well as to themselves. At the same time, he was of opinion that there was no case against the prisoner to go to the Jury. Mr. Sergeant RUSSELL said, if that was the opi nion of his Lordship, he should not press this particu lar case. Mr. Baron VAUGHAN said to the Jury, that he thought no time could be mis-spent in investigating a case of this description; but he felt his snind relieved, and he might truly say comforted, at the candid course pur sued on the part of the prosecution (because he confessed he came into Court with a heavy heart, from the idea he bad of the case), and therefore he told the Jury that they ought to find the prisoner not guilty. The Jury accordingly returned a verdict of not guilty. Mr. Baron VAUGHAN said it ought certaintly to b e observed here, - that . no blame waa imputable to those i who had promoted this prosecution, because in a case like this, where the charge it setting fire to a h aute:by which means the lives of many might be sacr:fie.d the crime were committed in the dead of the ni g ht, every inquiry ought to be made, and theiguilt or inns. cence of the party accused ascertained by therm ) minute investigation. His •Lord,hip added, 'he m elt also observe that the 'Lady at the Bar would quit th,„ Court with no taint upon her , chatacter. He had gnat pleasure to see this businessionducted as it had be en, and he hoped it would be saticfactory•to the feelitt s . o / all parties. Mr. Sergeant 'llussm.l., addressing his Lordshipessid there-w ag another ease. Mr. Baron VAIUMAX—Does not the other Indictment d upon the fate of this one? Mr. Sergeant Rossini. was sorry to say it .did not; they -w,, 4 quite distinct. Mr. Baron Vancirau—lion mean to proceed ? Mr. Sergeant Itussau.—My Lord, I teel I ought to do so. The prisoner was then charged on an indictmen t fo r havirg feloniously set fire to the same house, wilf u ll y arid maliciouJy, on the 3d cf July, with intent to d e: fraud the same parties. Mr. Sergeant RUSSELL said, that the Jery must havi collected from the observation of the Learned Juip n , uttered in and after the last cause, that a question o t this kind was absolutely necessary to Le invejioi e d, from motives to protect the interests of the public, he well as to protect the company who were prosecutos e from future frauds. The case he was now gboin to submit to them was one perhaps of a much ninre sello ut cast than the last, and deserved, if possible, much nio re anxious consideration. The Learned Counsel then.n at . rated the facts disclosed in the following evideace, and concluded by observing that the prosecutors would t t e delighted with a similar verdict. Mary Ihsley, the servant who was examinedinlhe last cause, now stated her recollection of the secondfi re , which took place on the 3d of July, in the room under the attic, Wherethe•first fire had been discovered. Th e room in which the second fire occurred was the -roots that had been occupied by Mr. Peters. Miss Whately slept in the first floor, and all the rest of the •family.i e the attics. The fire broke out at :three o'clock in'the morning. The witness shut the window shutters of that room that night herself, and to the best of her know. Ledge there had been no candle in-0e room. MissWhatley sent one of the apprentices for the tindet-box that eve. ning ; it stood generally on the shelf in the kitchen, and she never before recollected Miss Whately 'having it brought up stairs. The•tinder box and a foot bash were in Mr. Peters's room the evening before, andta day after the fire she saw it in Miss Whately's room. Cross examined—Remembered bring sent for apenny. worth of vitriol the day after the fire, but did male. member who sent her for it. She thought Miss Whately andler brother, who was a medical student, were p . ra. sent. They wished to try whether some matches and other things that were in Miss Whately's box would take fire by 'being applied to the vitriol. John Appleby, a chair-makrx, of Burton-upon• Trent, stated that he happened to be in the street on the mcrn. ing of the 3d of Sun, and beard the cry of fire, ile.r An towards the cry, which appeared to come from hlio Whately's, and on the door being opened, rushedop „stairs, and seeing the room in flames began to duos the things out of the window. There was a partition of lath and plaster ; but he could not see it for the smoke. When he could see, the fire seemed to come from the joists of the floor, and not from the He told :Miss Whately that there was a fire in her hone when he first saw her. She said—there is, come stairs, the fire is up stairs. Mr. Thomas Saunders, a• plumber and glazier, resitl. ing at Borton•upon•Trenr, and engineer to she ani l ine of the town, about half past three o'clock onsbe morning of the 3d of July went to Miss Whatelfi house, and saw the 'limes bursting oirt of the dorr .i ' the back room on the second floor ; he made a halt through the partition, in order to throw water into ve room, but could not say whether the partition was os fire at the time. On going up stairs, hefoundtheinor af the room dirty, as if a good deal of water had bees thrown about ; he desired the floor to be cut away, bit found no appearance of fire.; he went away when he thought all danger was over. In his opinion the stood fire could not have been occasioned from the effeetsof the first. Richard Roe said, the fire seemed to come from the end next the bed. The partition was not on .fire whet he broke the hole; he thought they did wrong by snak ing the hole, as it drew the flames that way. In answer to a question from Mr. BAIOII //AVG*" the witness said he thought it imp 'ssible that the seconi fire could have been occasioned by any remains of the first fire. Cross-examined—The attic fluor was composed of plaster laid upon reeds and lath : . Mr. Waid saw Miss Whately on the nigit of the fire. Lie placed one of the engine pipes within a few yards of 'her feet, and distinctly saw that she had saadalsoa her feet bound with rib a nd. Site did not seem concerned. The witness did not observe her, but she had a clost thrown over her. Mr. Baron VAUGHAN here intimated his opinion, tht unless the Counsel for the prosecution were prepare) with evidence to carry the case against the pinnne much further, he thought there was no case agrtrist tic prisoner for the consideration of the Jury. The fia case, it was admitted, rested only on suspicion, ari:J:lr innocence of the prisoner having been establi,hed (41 the charges there alleged, it was too much to say: she was to be put on her trial a second time with ne stronger evidence than that already offered. Mr. JUSTICE, with whom was Mr. Sergeant Rona. for the prosecution, said, that he cLrtainly had hot ailf stronger evidence than that already produced, and tro therefore willing at any ►ime to yield to the suggestO of his Lordship, and put an end to the case, if hi, Link ship considered it right to do so. Ile assured the C not and the Jury that he felt much gratified in Inding thg the evidence did nct affect the Lady at the bar. Mr. Baron VAUGHAN then directed an acquittal, g the same time observing, that he wished it to be dis tinctly understood that no blame could attach to the prosecutors for bringing this case forward. The Jary having returned a verdict of not guilty , Mr. lticrtanns begged to be allowed to say, that. had the case been prcceeded with, he was, on behalt his client, Miss Whately, prepared with such a bodF evidence to disprove every part of the charge of the indictment, that it would have been impossible t) have any doubt of htr innocence. He had the moat ate P 4 ' proof that the fire must have taken place in this wog from the slumbering embers of the former fire rte th e attics. Mr. Baron VAUGHAH reminded Mr. lticlia.ds that this was wholly irregular. Mr. RICHARDS admitted it was; but he trord his Lordship would remember how important it v‘. s ' l4 his client should quit the Court without ally mpgw", on her character. He was prepared with evidence o f the most decisive nature to prove the fire had taken place from the smouldering embers of the first. 1 14 Learned Counsel then produced part of a joist, mach burnt, which he said be should have been able to ploeg