Star. — London, England, 1818-08-08 00:00:00

• acf drive his chief adv an .„l?e ire • m her ignorance of the law, for she could • .. ic the.plam and simple ground of denying rt.) • tr',e talsehood and malice charged in the indictment. With the permission of the Court she would now Ta d a rtssage from Lord Ellenborough's address to t h e Jury on toe trial of William Cobbett. Mere the lady read an extract from the reported speech of the chief Justice touching the license of discussing the darac:er and conduct of men in public offices.) The v i a point on which she rested her defence was, t i o r Mr. Gurney was a public officer, and that she, every other subject, were entitled to examine tonduct in that capacity. She was frilly, pre aed t o prove the truth of every st a t e m en t contain 'll in the rubliihed letter. ;jr, Justice Bonnountr—That the law of the land toes norallow you to do. the Defendant proceeded, expressing a hope that s be might at least be allowed to prove that the pub lication in question was no libel. The Jury, she trtste d,would not be induced by any legal sophistry, to s anction a principle equally adverse to religion and to mon i s —that truth could be a libel. It was the &donut of the law, but of the abettors of tyranny, ever vigil to enslave mankind. Vengeance, not the in a, a tion of character, was the unworthy and ur r it mly motive of the prosetutor. Had he been itttu tedby a better feeling, be would have brought h i s a do, m which as a lawyer he must have known, t har evidence might be produced with iegard-to every j r n sum! in the publication. He had; however, adoped thccowardly resource Of indiccing a female Fr an act tending to a breach of the peace; he him ,,if having, not long since, been sentenced to six maths'imprisonment by the Court of King's Bench, , „, r a positive breach of the peace in horsewhipping the present Solicitor -General. The statement which e hadsent to the Editor of the West Briton re ined wholly to the official and Public conduct of prcisecator ; and, with great submission to the Cart, she apprehended that the conduct of every parson in a public station was open to public exa rination. This position, as she had before stated, *lie had the authority of Lord Ellenborough in maintaining. Mr.Jusucc Branovon--.1.0rd Ellenborough never could talk such nonsense, or assert that a man in a judicial office, may, be charged with bribery and corruption by any person who thinks proper to pub- Inh path a statement to the world. I am sorry to ice you transgressing the law at every step, from a NA ;soden of moral right. Many Gentlemen at this Bit would have been happy to assist you, and =ski, I am sum, have advised a very different sort ddrfrace. - . . . . • Miss Tucker continued, .and beg ged leave ,to read sense of the Act of the 32d of George 111. by ilich the Jury, ioa case of libel, are empowered ugin a verdict on the whole , matter, and on the peril ism of Guilty or Not Guilty. Mr. Justice Bunnnuou—This Act was never con strued to enable a defendant, upon an indictment, to kstify by proving the truth of thelibel. Wes Tucker proceeded, and remarked, That the ranee of the indictment consisted in the evil ten dency of the publication. This tendency she was prepared to spew was good, and wbuld contend tat resentment might 'exist without mace. The teltfirated Mr. Locke basi—qemted an erpression teak hul to this effoct—" Bc ye .angry, but sin toe If foe law of libel really was what she had /surd it imapteted to be, a new system of 'ethics . ought 10 be prefixed to it. No Layer or Legis • lator could intend to pimish where there yea.t no malicious motive or intentional provocation. The falsehood and nsa4ntity were alley the other side r' and le hoped ao legal sophistry' Wottlei induce the Jury to convict her of' an offence where her object •• • - 2S meritorious.- 31r.Justice Bonentren then charkeifthe 47;44 res,ing, in von- stiong terms, his decided opinion, that the publication in -question isat libellous in the cierce. . The Jury retired for about half an hour, and deli rota a verdict of Mt Guilty at the Judge's lodgings. It is a little remarkable, that the Lady, who stated inself ne►er to have beea is a Court of Justice be far, even as a spectator, went through the business trithmu the slightest hesitation. The effect of her address was apparent by her acquittal, after a very fectiblo charge from the Judge. Miss Tricker ap peared about 35'years of age ; she is in possession of *pmerful piercing countenance, though not particu larly marked. The Court was exceedingly crowded, tie whole of the trial exciting a considerable degree tikterest. NORTHUMBERLAND, AIIGUST 4. CIVIL SIDE.—SEDUCTION. C. l lll 17. CLIME& case had excited a very high degree of expee- Atm, and crowded the Court at an early hour.— Jw.as it was o?cned, his Lordship ordered the La tetm withdraw. This they felt to be an inconve tinte, es the Crown Court had been' a few minutes before male inaccessible to them. The relief to the Geateinen was, however, but for a moment, for while the Ladies were leaving the Court, double the !toter of the other sex rushed in. It was a Special 44 71 Sr Charles Lorraine, Bart. Foreman. Mr. HOLT state d, t h at t hi s was an act i on b roug h t IT Thomas Carr against the Rev. Robert Clerke, to weeetr compensation in damages for the loss of his lighter's service!. Mr. Soottert thus addressed the Jury :—lt has fetn to my lot - to address you on b e h a lf o f t h e whose unfortunate daughter has been se ‘ttel 17 the Defendant. Th e ac t i on is brought on I, egrotind of loss of set rice. It is an action long worn to th e law of England. It is the action of a 11 " to tecewer compensation for the loss of service krasimed by the seduction of his servant. If that !t ,e: be Llso the f at h er , as t h e serv i ce i s endeared is :nil; relation, so the loss is greatly aggravated, larrPf:es must be accordingly higher. The ia this case, it gives rue the greatest pain to is a Clergyman, Lecturer at Ilexham, a considerable fortor.i., and but half a when the transaction took place.— ,c:ied to a daughter of -Mrs. Shafts, and bad three c) ",dcen. Ile lived at a few miles fv)rn licaham. But he very 1 in Mrs. Shafco's house, and sometimes viah his whole family for %seeks. In Mrs limit': was the unfortuuate dataii,latt of the tot — v niv plaintiff. I ant aware that a kgal objection will be, upon this ground, raised by myLearned Friend, who will contend that this action cannot be maintained, as the daughter did not actually serve her father at the time this transaction occurred. I knee*/ that this action cannot be maintained by a father whose daughter, of mature age, is at service out of his house. I know that it cannot be maintained, when a daughter, under age, is serving without any special l intention of returning soon to her father's house.— But in this case there ar.e pezuliaricies which, I hope, will satisfy his Lordship, and leave the decision in your hands. The plaintiff is a master tiler. He lived till Martinmas, 1816, in Allandale Town, in this county. At that time he removed to Bishop-Auck land, in an Aher county. He had allowed his daugh ter to serve Mrs. Shafto for some time, but with the intention of having her soon back again in his own house. Besides, being a poor man, he was assisted by part of the wages which she received for her ser• vice. At the period at which he removed to Bishop Auckland, he wished to bring his daughter along with him, and was persuaded to leave her only till next May. At that time she was in circumstances which disabled her to serve him. The defendant began his course of seduction by promises of mar riage. Those promises she did not believe, but often repeated that they did affect her sentiments and her conduct. You can conceive, Gentlemen, how the solemn declarations of a man of the plaintifrs age, for he is past 50, rif a man of his profession, the son in-law of her mistress, and at the very time in his mother-in-law's house- 7 you can conceive how pro mises so made could gradually gain the consent, and excite the hopes of a simple and innocent girl. He made those promises fiequent enough and strong enough for his purposes, but avoided to enter into any covenant which could now subject him to an action for breach of promise of marriage. Of this man I know nothing but what I know of him as the defendant in this case ; and if I did, I should be sorry to glance at him beyond the necessity of this case.— After certain familiarities had taken place, he con trived to effect his object. How he did so, I abstain from detailing to you ; I dare say my Learned Friend will, in cross-examination, lay enough of this before you. She soon afterwards found herself in a situation which obliged her to write to the defendant ; but he no longer regarded her or her letters. It is consistent with our knowledge of human nature, and perhaps with the experience many of us must have had with the world, that men, after a certain age, regard with loathing the victims of attempts which are aimed at their honuttr, and terminate in their ruin. She went time that the had been there she let her father and mother have part of her wages. She had sent some money to her father and given him UMW. It was part of her *ages. She did not leave on the lit of May. She had not given notice. She left bn the Ist of June, and because she was not able to serve llonger. She wrote to the defendant the day before she left.—she got no answer. She. was obliged to leave her father's house and to go back to Heiham, by the parish officers. She lived for six or seven weeks with her aunt. She was delivered in Mary Nichol's, at Hezham. Dr. Jefferson delivered her. She was cross-ezamined by Mr. Toemu at great length, as to the names and characters of all the ser vants, particularly the men servants in the house. It tumed tut, however, that• the latter were marl ied men, and had their wives in Hexham. All the mi nute circumstances of her ruin were called forth, but they admit not of description. It was in his bed room, when she had gone by her mistress's order to light his fire, that the seduction was completed. The letter was all her own. None assisted her either in writing or dictating. She fairly and readily gave a simple negative to every question as to any other man using liberties with her. She had not gone from Bishop Auckland to flezham in a post-chaise. She knew Mr. Bates. The gentleman pointed out was he. He was a gentleman. But what is his employment?—He is a farmer, I believe. Is he not a preacher too ?—I never heard him preach. Were you never in a post-chaise with him ?—No, never Sir. She had £5 for the first year, and £6 for the se cond. She had given no notice of quitting. Thomas Pattison, butler to Mrs. Shafto, is a mar ried man, has a wife and family in Hexham. He by accident observed the defendant and Elizabeth Carr in the dining-room together. The shutters were on the outside ; they had not been fastened back, and the wind had driven them to ; he went to open them and observed the defendant having hold of her round the neck, and her hand in his other hand. He never mentioned this. He thought it improper, but ap prehended nothing such as happened. He never knew any thing incorrect in her conduct. On his cross-examination he stated, that he was still in Mrs. Sbafto's service, and he hoped in her confidence. He had not mentioned what he saw till after the bad consequences were known, as he never till then suspected any thing criminal. lie never in word, look, or gesture, took any liberty with her.— He never kissed her in his life. Here the plaintiff's case was closed. to her father's house, but her father being poor, and Mr. TOPPING now objected that the action could the parish officers interfering to prevent a burden to not be maintained. Elizabeth Carr had been regu the parish, the child was filleted. and the defendant larly in service with Mrs. Shafto ; and whatever Mrs. in consequence F,ave a bond to the effect at least of Shafto might do, her father could not pretend to have securing the parish from any expense. But. to the lost her services. He cited several cases in support parents no compensation has been made. You will, of this objection. therefore, Gentlemen, take into your consideration Mr. RICHARDSON and Mr. GRAY followed on the what sum in damages should be given to the father. same side. Were Itoask el fat would be an adequate onmpensation Mr. SCARLETT, on the other hand, contended that to a father fer the seduction of his child, I should ask el se plaintiff bad as good a title to his daughter's ser a most Foolish and vain question. No injury can be it vices as a master who should give his apprenticed flieted upon a man more bitter and lasting, chair the in- servant to another man for a limited period. jury inflicted on a parent by the seduction of his daugh- Mr. Baron Woon—l am of opinion that most en ter. 'l'be seduction ofaerife is a most grieyossainjury, * btedly this action cannot be legally meinteined. yet it iseenalified by many eireinmeaeeedu ree•lemte Cbr sertiee isdLopinsiNe to .t. In this case a wife subject to seduction cannot be unaccompanied the daughter had served for tevo yeers, and was in with some alleviating considerations ; but the injury fact entered upon the third ye ire; service. I am son•y of a father by the seduction of his daughter, is alto. for it, but-the action cannot be maintained. gether unmixed and unalleviated. The object ofhis , Atr : e e.eatere-e-I certainly cannot oppose the doc affection, his care, his anxious solicitude, is deprived trine laid down by yOur Lordship.—Nunsuit. 'of all that is valuable, and rendered a disgrace and sIDE. a burden instead of an ornament and joy. lam led • DltOwlf • tceunderstand that tha defendant is to attempt to de- John Bantbrough, aged 68, was convicted of sheep stroy her character in order to diminish his own mis stealing. The principal evidence against hire was conduct. If an attempt of this kind should be made an accomplice, Joseph Scott, and the chief circum- I hope you will consider it an aggravation, and treat stance of confirmation, was the prisoner's dog, pro 'it adcordingiy. Nothing surely can be a greater ag- ducel in CO an which had taken the sheep. His Lordship .ordered the Constable to take good care of gravation of the deepest injury which can be inflicted upon a parent than to find the hoary and laborious the dog,' 3.4 a dangerous animal. seducer attempting to prove the unfortunate girl's James Ifindaugh (convieted tef robbing his meter, character worthless before he made it SQ. I am by breaking oper a desk). and JON itemenmels were aware that my Learned - Friend will not give me ano- then placed 'at the Bar to. receive sentence of death. cher opportunity of addressing you, and I therefore Both, most widely different in age, trembled and dwell the longer upon this subject. I hope the case cried for mercy in the most piteous meaner. Ins Lord will go into your hands. You will consider that a ship, with hit usual solemnity, thus addressed them : girl previously blameless, beloved by her parents, LL You, James Hindaugh, stand there, at die age of and affectionately contrtbuting to their support, was 21, to receive . sentence of death.—eyrisoner—O, seduced and ruined under the cloak of ranctity, which mercy, my Lord ! Mercy, mercy, my Lord !J has often, too often, been used to cover the worst of- Jueue.—"• Do not interrupt me. The Jury who fences, and that this was done by a man of consi- found you guilty, and the prosecutor whom you rob derable fortune. You will consider the injury to the bed, strongly. recommended you to mercy, and your feelings of a parent; as well as the loss of service to sentence will be very greatly mitigated. Let that the master. Indeed I am confident, from the elm. mitigation excite your gratitude, and confirm your racter of the gentlemen whom I address, that they penitence. While you in secrecy and darkness per will view this case as I view it, and consider it one formed the wicked act which has brought you into of the most aggravated cases of seduction that can your present situation, you knew not that you left in be laid before a Jury. the lock which you picked the means of your con- Elizabeth Carr was called into the box, and exa- viction. You believed the picklock to be entire. Yet mined by Serjeant Hveeoce.—She is a very simple, the point which was then broken off, flashed convic modest-looking, and rather interesting young woman. tion on every mind. It was the voice of GOD warn- She said she was 18 years of age when she went to ing you all to beware of deeds of iniquity and dark- Mrs. Shafto's house. That was in Ma y , 1815. tier ness. Your friends are hi g hly res p ecta bl e ; you father went from Allandale-town to Bishop Auct- supported yourself by your own honest industry. land at Martinmas, 1816. She knew the defendant. None could hold his head higher than you once His wife had been dead half a year when she be• could do. Mark your altered condition. Your came acquainted with him. He lived at Walwick- friends are bowed to the earth with shame; their hall. Ile visited often at Mrs. Shafto's. He had hearts are harrowed with pain for you. As to three children, the youngest then about half a year yourself, you may yet almost recover what you have old. He often came to the house when her mistress lost. It will require your utmost care and per was from home, and stayed in the house making love severance. Let it be seen by your future conduct, to her. Between Martimas and Christmas, 1816, he that you possess the feelings which are now supposed came with his whole family,, and stayed some days. to fill your heart with penitence and gratitude. You, He had with him his children, two women servants, John Bambrough, arc far advanced in life, and stand and two men servants. Being pressed to state some with hoary. hairs waiting a sentence of death.--[Pri partittilar expressions he had used, she said that he soner—e Oh! my dear Lord, mercy! mercy! mercy! ' had often declared that they (defendant and witness) my dear Lord!"---Judge—e Do not so interrupt me. should never be happy till they were married. One The sentence that is to be passed on you will not be ' day when sitting together she moved to go on hear- carried into execution. It will be mitigated so far ing one of the servants coming ; he said there was a as I can feel entitled to recommend its mitigation. I day coming when they would not be afraid who saw You have a wife and a numerous family. What an Them. Before he had come with his family, he had example you have been laying before them! Make ' always been twice in the week at the house, often good use of the indulgence that will be shown to you. ' More frequently. Her mistress was often from home —Remember that there is an eye that seeth in dark . a week or ten days. His visits were more frequent ness, that has now exposed you before men, and that L in her absence. Elie had a male child born on the will hereafter call you to account for all your deeds! • 2cl of September, 1817. The first time that he had Repent—make your peace with GOD, and prove your been too intimate with her was when he brought his sincerity by your future conduct!" family to her' mistress's, between Martinmas and The sentence of death was then pronounced. Both Christmas, 1816. Her mother had been seeing her the prisoners bowed, as if insensibly, with the utmost the day that they removed to Bishop Auckland. It reverence towards his Lordship. o' was then settled that she was to go to her father's in James Kelly, aged 79, imprisoned for perjury, in May, and it was her intention to do so. Duriog the a giving evidence at 411 was net i ndicted nor went of evidence, and wis discharged, WOE ness of this Court ended at four o'clock. MHItOPSHIRE. Thursday se'nnight Sir Wu. Owes, the •Cotimiti for the Mint, made a Motion in Court, that the rem cognizances in the case of the Ccriners should be dire charged, and the prisoners liberated ; and stated, that the Mint considered it as not sufficiently strong to convict them ; bet Mr. Hinchcliffe, the attorney for the prosecution, opposed the motion, on the ground that the prosecutor and witnesses were theta prepared to prefer a bill of indictment, and he con ceived the case so strong, that the ends of public fuse tice would not be answered, unless the prosecution was carried cm ; and Mr. Pugh, the Clerk of Mahe, having stated, that he considered the prosecutor would not be discharging his duty in consenting to the recognizances being discharged, the Learned Judge would not grant the Motion for the Mint ; and the bill of indictment was accordingly preferred. • The Grand Jury (of which Lord Viscount Cttvo was Foreman) thought it a very proper prosecution, and were not at all satisfied with the conduct of the Mint in declining it, and were much pleased with the energy with which Mr. Hinchcliffe had carried it cm and stated, that he was entitled to the thanks of the county for the manner in which he had conducted The Mint having - declined to pay the expense of . prosecution against the pi-tamers, the Judge directed, that if the rewards allowed by Act of Parliament were not sufficient to discharge the same, the prose cutor should have a liberal allowance in aid from the County Rate. Saturday, 'Joseph Smith, aged 41, a farmer Males-Owen, William Phillips, sen. aged 50, a steel toy-maker, of Birmingham, and Wiliam Phillips, jun. aged 20, a shoe-maker. stood charged on suspi don of high -treason, in having counterfeited the cur rent coin of this realm. Smith was, however, ad mitted King's evidence, and the two Phillips's were indicted for having in their possession, without law ful excuse, a die, made of iron or steel, bearing the impression of the current coin of the realm call ,- Shillings, at Iloughmore, in the parish of Hales- Owen, &c. The evidence of Smith, the accomplice, combora. ted by the testimony of other perions, fully esta blished the charge against the prisciners, a►:d the were found—Guilty.—Judgment respited. SUFFOLK.-IPSWICII, AUGUST 7. The Sessions for this Town and Borough commen ced on Wednesday last, at the Shire Half ! before 11( BERT ALDERSON, Esq. Rec Order, and the gsgistrates. The first trial which occupied the attention of Court was that of hear Beard, against whom a true bill was fOund at the last Summer Sessions, for havini, on the 6th of July, 1817, made an unlawful wager with one James Gladding, that he would tide a bay mare horn his own house to the Bull, Whirecharel, and hack again, a distance of 138 miles in 19 hod- The Jury found him—Guilty. The RECOnDLR, in passing sentence, deprecated a feeling manner the .cruel usage so often inflicted the brute creation, more especially that noble, anit the horse; latit said, in.consideration of the contrition Beard had cvinced imniediately after the transaction, and the testimonies to his general good conduct; " should • only adjudge him to pay the sum of £5 the King ; which having done he was discharged. stmitEr Ass] zEs.—GUILDFORD, AUOT.:3T•e. At one o'clock, this day, the High Sheriff, iIEN PLrEas, of Betchworth Castle, Esq. preceded by Under Sheriff, Judges, Marshals, Javelin-men, left town to meet their Lordships ( Mr. - Justice seri., and Mr. Serjeant LEN§), .on their way fr Lewes. The procession almost immediately yr . ned, when the Judges proceeded to Church. -Hi an excellent and impressive discourse was deli,' •... by the Rev. Mr. Glisoy,Chaplain to the Sherif. After Divine Service hzd concluded, the Judes ceeded to the Crown Court, where the Commtisloi Assize was read by Mr. KNAPP. Proclamation afterwards made for adjournment until nine tki( to-morrow.--The Judges, soon after opening Commission, set out for the Hatchlands, the seat 11. SUMNER, Esq. where they dined, and spei.t. evening. The trial of Chennelland CaLre?, for der, will not come on before Weduestay or Th.. day next. PUGILISM IN IRELAND.—The battle between La:, gan and Kearney, orrwhich considerable beta were defending, came on on Monday, in the mountains of the county of Dublin, near Saggard, in a 21. feet e- It is supposed that there could not be less than 1%1 spectators on the ground. Both men sheaved acv _ ing to appointment at half-past ten o'clock, but from the pressure of the crowd, and the gteat irregular' it was half-past eleven o'clock before the ring ci be formed. At twelve o'clock Langan entered ring, with Plunket for his second ; shortly Learner entered, accompanied by Cummins second; both of the men were loudly cheered, at 15 minutes past 12 the combatants set-to. Round 1. Kearucy went up to his man with much conflth Langan appeared cautious, and waited for his opponent to lap; here two minutes elapsed, when Kearney made play his It ft hand rather out of distance, when a sharp rally place, in which Langan received a right-handed facer, wl floored him. Y. Langan, not in the least dismayed, made play with his band: after a smart rally, in whirls several severe blows w atehanged at half-arm distance, Kearney came to the ground. 5. Kearney appeared fatigued from the last round; La g.;# drew first blood; Kearney still gay and confident, commenced a sharp rally, in which both closed ; Langan got his left anr round Kearney's neck, and gave him several very severe bits the body. At this moment Keamey's second struck Langan' , second a dreadful blow, which floored him instant') The Saggard men rushed forward and broke the ring s knocked down Langan, and slated all before them; dreadful scene of confusion took place, which it wouli be impossible to describe ; after some time a degree order was restored, when the Judges agreed to refer ti matter to a future decision. The , fancy separated great dudgeon, but the general opinion was, that ' the battle gone on, Langan would have had an easy customer. A great deal of fighting took place durir tbe procession of the amateurs to town ; there w 7 however, more of the cudgel than the fist used, there was not a small quantity of dm rt spilled. Massy challenges took place, and we have very little doubt ~but that there w ill be not a few of thejancy in then. cery before nest term, on account of this battle, to a large amount, with great odds. have been feted nn the side of Langan, against my man of weight, to fight on the CP.; ragli. • . . . • • • I 5 E 0 i igi 1 i i+ lel .. li I 1 rem lis. . . r .3, t . , n g , A 1 44 . ' ;ay i. ; he 1 len i f : 11l nt- • ~ 054 l' on i te, tor to led I ;ad 1 Iva on, i the . the l• ml• ' • the I it. 4 , fa i i I • .ed, ent . 5 ~ 4; • )9e. OM i '1 1 ! 0 $ i S i 1 0 , • ;eel i • 'pi- a - I l i . ; 4 -ere -, aw. , . . the . I !led 1 4 . 1 ,lea- es- I . na. sta- hey 11 len. Ro- ues. the true ring s • 'ger . bay i rel, 4.trs. d its i t 1 on imal t I 1 (8 itien ;eon, 1 ; he '5 to d. i . i ll I, . 11 ; e. :XXX the • F Jj A Ste. I -its- from . C. 1.57• • • . ! Here • ( 'erea I' . tt . pr • ' oil • t . ( ' I ; 1 W. 1% 1 'Si L' 10C k the i p ...,!At of siii :e r...,.... ~ , tan- l i were ns of r.r t - . ^' • ),C,CO ( i :ord- from trity, :ould ' t i: ' I , d die after 4. Is his i) Is i , ar.4 come r with r took wl.lrit 1 'is left . I , were Ind. .avir.le weL;;wl 4 I; t arm •t . i 1 Mt; in - I - . gaa ' s intly. ring, . n; a , ould Pee cl i 'rthe ed is ' , :had 1 easy fling 4 , - Kas s , • and , Li I 't lacy • • oubt , t lien. - t• 1 Bets n of. )1 . his 4