Star. — London, England, 1818-01-16 00:00:00

er c.l ;ha: 1)1'( :4 3111 fr. H . ..st be i e evant ,ty Elk The L ; ion h• • !Ir. H ver be aside e Ispin( The 1 - ti ( rest h • ,se b bap c pcl P 4" etpc ea ap orris li me Sir SA 6rJe ..: Mr. 7,:e 6 .a for ;!inl The C m to b , bi'!cts ' how. VI Tisn crow ;:er Ge JOHN :e Bar ' casion, 1 nt. cial 1 _ meet .ary t :mpo de by Rar. LAW INTELLIGENCE. coURT OF CHANCERY, JANUARY 15. f`PERA•HOLISETAYLOR V. WATERS. S. ItomiLiAt stated, that he had to move in this :ha: a sum of 13001. and upwards, being the o f i iterest on the sum of 29,9731. which Mr. rr,1141 been ordered to pay into Court on the ,i-D,Tember, 1816, should be directed to be paid :el tits to Mr. Taylor. iikar aid Mr. BARBER contended, that the ...tking on the part of . Mr. Waters to pay interest :it b e r egarded as conditional, and contingent on -vent of the negotiation for selling the Opera pro -31:4 effect. le Loao CHANCELLOR inquired whether the last wn h id turned out a profitable one? 'ill.. BAK/ replied, that he understood there had b e en a better. However stormy they had been le the house, within all was flourishing and ,cas. ;he Loan CHANCELLOR desired that the proper in r, be made whether the order existed, and notice to him to-rnormw on that point ; and as to in this Lora , liip said, " If I do not alter my pur before to morrow morning, I shall order that 1, 2 pa id personally to Mr. Taylor." WATERS V. TAYLOR. flAnr said this was an application made for e porpose of obtaining directions to the Registrar, p,o , an order, enabling Mr. Waters to account for expenditure of a large sum of money, which had applied to the building a new set of dressing as in the Opera-house, and making other im- • .rnents. si r SAmuzi RoMILLY was prepared to object to .• 6rJer. It was sufficient for him at present to say, - nr. Waters had undertaken to conduct the ma ,m,-nit, and pay every necessary expense for , iti. a year, although he now came forward to ie 6,0001. more, which he, in his great preddec... 'Jr the establishment, had thought proper to ex in the building of new dressing-rooms. The CHANCELLOR observed, that it appeared to to be a larger sum than most of his Majesty's , would think of expending on such an object. nvever, would look as the order. VICE-CIIANCELLOM COORT, JAN. 15. This morning, so early as nine o'clock, the Court crowded to excess by a number of Solicitors and Gentlemen, in expectation of the,Right Hon. JOHN LEACH taking his seat as Vice-Chancellor. Bar was never so fully attended on any former lsion. but of the King's Counsel only Messrs. TROWER, BiNYON, and WETHERELL, were At a quarter to eleven his Honour, in his robes, came into Court, attended by new He was attended by TINNEY, Esq. an Tent Barrister of the Court, who is appointed Se to his Honour. The motions heard were of :mportance, but we understand the regulations by his Honour have given . great satisfaction to Bar, a^d will be highly conducive to the interests ::tors. Mr. BENTON made the first motion. COURT OF KING'S BENCH, JANUARY 15 THE SPA-FIELDS RIOTERS. 3ECKWITH r. MATTHEW WOOD AND ANOTILICR, Mr. liort2ANo opened the pleadings. The decla .., in this case set forth, that, on the second of tmrber, in the 56th year of his Majesty's reign, a rn! , xi- of persons, amounting to more than twelve, i.! ri , -.::- , u,lv and unlawfully assemble, and did break ..-7 1 .!5, doors, windows, and other parts of the w: - .::T's house, to the damage of more than 20001. ix second count, in additicn to this, stated, that said unlawful assemblage also broke, demolished, I carried away, a large quantity of fire-arms.-- this the Defendants pleaded, that they were tot le to make good the damage. D I Mr. GunNEf ,stated, that this action was founded 3 a Statute, passed in the early part of the reign of surge I. for the protection of - hidiViduals whose '.?erty happened to be destroyed by tumultuous ictriblages of ill-disper-ed *persons. The I,,,earned eiinsel then proceeded to detail: the circumstances iich took place in . Skinner-street, on the 2d of De tuber, 1816, as-they afterwards were given in evi nce, and observed, that, in the course of half an sur, property to the amount of 12501. was destroyed. ie present action was brought against two very spectable Magistrates, inhabitants of the hundred which the outrage complained of was perpetrated, d, if a verdict were returned for the Plaintiff, the mines would be assessed on the entire hundred,— was admitted that they were inhabitants of the adred, and liable to this action—and that the intiff had a right to bring it. All, then, that he 'r. Gurney) would have to prove was, that the o'l, to use the language of the law, had " b egun to offish the house.' To sustain this action it was necessary that they should pull the house down ; vas sufficient if they comme n c e d t h e wor k o f de ,tatioa, with that intent. If he proved this, the v. consideration would be the amount of damages sad on that point he would lay satisfactory evi cc before the Jury. .The Learned Counsel then oceeded to call his witnesses. Edward Hone was foreman to the Plaintiff, in 16. He lived at 58, Snow-hill, and was a gun -ker. On the 2cl of December, 1816, about one lock, he was in the s'acip, talking to a Gentleman met Mr.Platt, who brought in something to repair. - ::,,ti v:i,ness could not ag r e e , an d M r . Pl att was Val' t,:e shop, when a young man entered w i t h a stol :1 .i s ha n d. H e stampe d hi s f oot, and cried t.:7,,T. arms !" Mr. Platt pla c ed a h an d on . ....:! , . , ..:Le r of the young man, saying, " My good a f :olls:tier what you are about !" The pistol - .. r - :- liatr.ly fired by the young man, and Mr. - •,•; -: , funded in the belly. About five or six . . ~ ~ ..,.:,, .:eL. the young man into the shop, who ',' .'. Wit less immedi a t e ly closed the door— ' . l'ai•t e4claimed that he was wounded, and The pas ish beadle came in, •,.,ve.the young man in custody to hi m . I. 1 t;: , ~ ~ the counting-house, and afterwards ..,!,,. I ~ ,q. Cr six hundred persons, who had iiy pm..-c.l LI:. Beckwith's house, returned, •,,::,‘. yonng man v:‘.s secured, and said, " This is .v. ,, ---v.,.'11 have him out." Witness was at the • and begged of than not to do any damage.— ; ~ .tid, "Vv ell have him out." Witness, for the Y' '-c of p( It . o:g trot:, 2. - o - ::y, declared that he had , d do.‘ a c• tc , ,al-1 - ine—!--at they did not credit "ii. , i, and still cried " We'll have him out!" :1 •ufr Mil. A brewer's man, with a brootn-stick- in his hand, then attempted to break the windows. Witness en treated him not to hurt - Mr. Beckwith's property, and again said a that the young man was goose down Seacoal-lane." The mob retired a little, and a cry of " To Tower-hill!" was raised, in which witness joined, in order to get them away. At this moment, the young man pat his head out of the two pair of stairs window. He was immediately seen—and the devastation then began. The brewer's servant assailed the windows—the frames were broken to pieces—and the guns which were exposed for shew were dragged out and distributed amongst the mob. They entered the shop, and seized the arms there. They then went into the counting. house, where there were many guns ready for exportation, and these they took. W itness was so frightened, that he left the house, for the purpose of taking a glass, to cheer his spirits. On his return, he found the mob still occupied in the work of destruction. They were throwing pounds of powder, enclosed in tin cases, to each other—bags of shot were scattered about in all directions—and the cases of duelling-pistols were opened.—EHere two accounts, one of arms never re stored, the other of arms returned in a damaged state, were handed to the witness, who declared the items contained in it to be correct. Indeed some of the articles he conceived to be undercharged.]—He saw the young man go out of the shop with the mob. They would have pulled down the house, he was con; winced, if they had not found him. • Cross-examined b y She .... COMMON SERJEANT,Wit. ness was not an ev idence on the trials of the persons indicted for this offence at the Old Bailey—nor was he present at the trials. He went before the Grand Jury, and was examined. He did not know the per son of Cashman, who was convicted, and executed before his master's door. The young man took a case of duelling pistols from the counting-house and loaded them. He remained in the shop several mi nutes with the other rioters. When the people had seized the arms, they went away towards the Tower. He did not know whether the rioters did any mis chief in the upper part of plaintiff's house. They called out, a Arms I arms I" and they supplied them selves with them. He did not he any one say, " Let us pull down the house !" Gwrge Weir lived on Snowhill, within two doors of Mr. Beckwith. On the , 2d of December he was in Mr. Beckwith's house, when the people broke the windows. They cried, " Pull down the bl—y house, we'll have him out r That was repeated by several voices. The attack then commenced in the most fu- rious manner. They first broke the east and after- 1 wards the west window. A brewer's drayman, armed with a broomstick, began to - demolish the windows. The sashes were completely broken—so much so, that one of the rioters got in at the east window. The interior of the shop was entirely destroyed--but . did not see any of the stone or brick-work damaged. Cross-examined by Mr. TlNDALL.—Witness gave his testimony at the Old Bailey on the trial of Cash ' man and four others, who were indicted for s s te: t h a l ' these arms. He was not sate, whether he then t that the mob cried out, " Let us pull the house down!" but he was positive the expresnon was used. There were a great many boys as well as men in the crowd. Both men and boys were taking out mans—. but he saw no boys in the shop. If they merelysianteil arms, they could have got them without breaking the windows. Witness saw young Watson. He was the leader—and he did not think they would have touched the house, if he had not been taken. J. A. Haughton, a carpenter, was .employed to re pair plaintiffs house, after the 2d December. One of the windows was broken to pieces—the other was nearly destroyed. The sashes of the glass-cases were also broken to pieces. He repaired the windows—and received 161. Is. ld. for his labour and materials. Cross-examined-,—The glass-cases were fixed in the shop. They were shew-g - lasses--but whether such as persons put up, when they entered the house, and took away when they 'removed, he could not tell. John Hunt, a painter and glazier, was employed to glaze two new shop-vrindows, after the 2d of De. cember. The expense was 351.65. 3d. His bill for painting was 91. 19s. These were fair charges. Cross-examined—His repairs were confined to the shop, except one pane of glass which young Watson broke up stairs. Charles Jones, a brass-founder, was employed to repair the brass-work which the mob destroyed at Mr. Beckwitb's shop on the 2d of December. The stall-board, where the shutters stand, was broken, and part carried away—and some brass lattice-work in the shop was also destroyed. His bill was 21. Hs. Parker, a gun-maker, had looked over the list of guns taken away and afterwards returned in a damaged state. The articles were originally worth 5701. 15s.—they were now worth only 2651. I s. 6d.— the difference being 3051. 14s. 6d. He conceived the things taken away, and never restored, to be fairly valued at ',E911 19s. 6d. Cross-examined.--The articles returned appeared, in many instances, to have been Used to smash the windows; for the stocks were filled with particles of glass. He first examined 55 articles, guns and pis tols, which were damaged, about a morith.after the riot took place. At a subsequent time, he examined a few more. The morning after the disturbance, he saw some of the dalnaged articles in Mr. Beckwick's shop. Thomas Mortimer, gun-maker, of Ludgate-hill, had looked at the list of arms carried away, and con ceived the prices to be correct. He saw many of the , damaged guns and pistols, and they appeared to have' been used with great violence. The stocks of several of them were scratched, as if by glass. Samuel Nock, a gun-maker, had also examined the list of guns and pistols taken from Mr. Beckwith's shop, and believed the prices to be just. He saw the damaged arms, which appeared as if they had been used as weapons for breaking open doors or windows. This was the case for the prosecution. The Costsion-Szareanr, for the defendant, ar gued, that, to enable the plaintiff to recover, a spe cific felony, under the 12th of Geo. I. must be proved to have been committed. By that statute it was a fe lony for any tumultuous assemblage "to demolish or to begin to demolish, any dwelling-honse." Where such an act was committed, the person injured had his remedy by action, against any two of the Wahl. tants of the hundred—and, if he obtained a verdict, the damages were to be defrayed by the hundred.— Two points were, therefore, to be considered in this case, Ist, whether the plaintiff was entided to re cover at all, which he could not unless a felony as committed under this Act , of Paltament, and h^ would contend, that the-damage which Mr. Beck with had sustained bi this infaMous and treasonable mob, did not arise from any offence committed under this statute—for they had not proceeded to his house with the intention of pulling it down, but had quite another object in view. The next point, if the plain tiff obtained a verdict, was, what damage ought to be awarded to him? And he was prepared to argue, that by far v tl e re rec kreater part of the sum claimed, could not be reco vered, inasmuch as damages could only be given for such articles as were destroyed on the premises, while the work of demolition was going on, and not for- those that were feloniously carried away. The Learned Gentleman then contended, that the object of the mob was, not to demolish the house but to procure arms - ; and that, whatever damage took place, was effected in the furtherance of that specific object, which was a felony of another de scription, and not at all covered by the statute of George I. Indeed Mr. Beckwith's legal advisers were of opinion, that this was merely a breaking, en terin&, and stealing, from a dwelling-house in the day-time—and for that offence four of the rioters were indicted and tried at the Old Bailey—of which number one (Cashman) was convicted, and was exe cuted opposite to Mr. Beckwith's door. In the next place, the Learned Gentleman argued, that the plaintiff could not recover, either for the articles re turned in a damaged state, or for those that were, taken sway altogether—because it had been decided several cases, that the hundred was only liable for damage proved to have been done in the course of the demolition,- and was not accountable for pro perty feloniously carried away, which constituted a distinct felony in itself. The original purpose here was not to demolish the house, but to get arms, and afterwards they applied themselves to the rescue of young Watson, who had been secured for a capital offence—which rescue was also a felony, under a particular statute. Lord Euximenotraii—a The question is, what would they have done, if they could not get the young man away ? The second witness stated, that they cried, Pull down the house, unless he is given up r They therefore contemplated the doing of a particular act, unless a certain condition was ac ceded to—and they commenced the execution cf that act. It will be for the Jury, if they find for the plaintiff, to give the total amount of damages, and it will be a point for consideration hereafter, how far the hundred is liable for the arms carried away, and. not appeasing -to be destroyed in the course of the demolition." Mr. Guntfiv—" It will be seen, that all the arms returned were used for the purposes of demolition. Of those that were never restored, I cannot •sav what number was employed in the same way—but i think it fair to argue, that the arms which never re ap peared, to the amount of t 911 were taken away for one common purpose, and cannot be distinguished from those that were returned, and bore on them the marks, of the manner they had been employed." .The CimisstoilSEAJlLAiltr then stated, that he would - mot press his objections feither,.'as, with his Lord , ships leave, he would have an opporuinftt htittatter sof contending,' that the hundred was not liable to astike good the articles Stolen. He should now content himself with proving, that the taking away of the guns and pistols from the plaintiff's house had been made the subject of a prosecution for theft—a distinct and separate felony. Mr. GURNEY, in his reply, called upon the Jury, that the arms lost, valued it £9ll, were all taken for the purpose of demolition, although they might be applied afterwards to other purposes. Lord'ELLENzoaouois slimmed up, and observed, that by the Riot Act, that which before was a mere trespass at common law, had been erected into a fe lony, for the more effectual protection of private pro perty. Of course the remedy by action against the offenders was taken"away, and that against the hun dred (all the inhabitants being as it were pledges for the good behaviour of each other) was given in its stead. The primary object had been to obtain arms, afterwards to obtain the liberation of young Watson ; and it seemed undoubted by the witness, that had he not escaped, the mob would have demolished the house. The arms they used as . instruments of de struction against the building, and they were not takenaway for the mere purpose of obtaining as much money as they would sell for. The Jury divided the damage as stated in the opening of Mr. Gurney ; but they expressed a clear opiirion; that the arms were all taken ►n prosecution for - the purpose of demolition.—Verdict for the plain tiff—damages £1,281. 13s. 10d. BRANDY-ft AND POTTS V. WOOD AND ANOTHER. An action, precisely similar, brought by the plain tiffsl who are gur.smiths in the lVli nones. They claimed 752 t 10s. 11d. being 621. 26.5 d. for the repair of the dwelling-house, 341. I Is. 6d. for damaged guns, &c. and £655. 17s. for arms taken away. The COKMOS SERJEANT again urge d his argu ment, that the purpose was not demo ition, but the procuring of arms ; but Lord ELLENBOROUGH was of a contrary opinion, and the Jury concurring with his Lordship, a verdict was found for the Plaintiffs. REA V. SAME. In this case the Plaintiff, also a gunsmith in the MinOries, recovered 9421. Is. 4d. It appeared in evidence that neither the Plaintiff nor any of his ser vants lived in the house, and the COMMON SERJEANT untended that it was not, therefore, " his dwelling house," as alleged in the declaration. Mr. GURNEY, on the other hand, produced a lease to the Plaintiff's father, and the probate of his will giving it to his son ; but Lord ELLENBoaotion seem ed to be of opinion that it did not satisfy the allega tion ; he, however, saved the point, and the Plaintiff obtained a verdict subject to the discussion of it. Sittings appointed to be held in Middlesex and London before the Right Hon. EDWARD, Lord EL x.r.riaostonou, Lord Chief Justice, &c. in and after Hilary Term, 1818 - IN TERM. Thunair January 49 - Werbeiday rebruzry 4 Tuesday lO =wear. Saturday .........January 31 Th= .... .... February 3 W r 11 AFTER . TERM ird Fetwuary to I Saturday February . to :31 Th. Court will it at bauldlaili on the stet February' for tkP whole day THE L. 42 FATAL 11112 L. The Grand Jury found last night a true bill dictment against Theodore O'C , alleghell, Thome+ seph Phelan, and Charles Netvbeit, for the enlibl 1 der of Lieutenant Edmund Bailey, of the. 58th meet of foot; and this morning, at ten o'clock, prisoners were brought up for trial at the Old before Justices PARE and ABBOT. WWI. NOLAN, ADADIN, and GOOLD appeared Counsel for the prisoners. The indictment having been read by the Clerl Arraigns, the prisoners severally pleaded Not and a Jury being sworn, without a challen; either side, Mr. Justice PARK then stated to the Jury, there was no Counsel for the Prosecution (a stance which had just been communicated he must read the depositions before proceeding ther with the trial. His Lordship having finished the perusal depositions, the following witnesses were then mined—Mr. Wm. Adams; Mr. Geo. Rodd, _surgeon Thomas Hunt, Constable ; and Mr. George whose evidence was in all respects the same with they had before given con the Coroneek laquest at Bow -street, as alreadyfully laid before our'" The prisoners being then called upon 1( defence, • Mr. O'Callaghan gave in a written pazer, • he briefly expressed his deep regret at the unfortunate result of the affair in which he had been esti and disclaimed every thing like personal ani against the deceased, with whom he had terms of the strictest intimacy. Mr.-Phelan and Mr. Newby& respectively saying any thing on tfiesubject. The following witnesses were then called character of •Mr. O'Callaghan, of whom spoke in the,Nghest terms, as =Warmly distinj for his hutmanity, good temper, and gentian, conduct : Lieutenznt-Colonel Murray, Captain 0' Charles Stuart Radford, Esq. Mr. Newbolt also called the following wi. to character, who spoke of him in terms equall vourable : R. Baldwin, Esq. Carlisle, Esq. tenant Thomas Burn, and Captain John Allr Several respectable witnesses were likewise on the part of Mr. Phelan. Mr. Justice PARK. then .proceeded, to sum evidence, which' be did very fully, and exp much regret is the course of his doing so the interferenee had not taken place on the part seconds after the first fire'had passed. " If the said his Lordship, " can believe that the Prisoners the Dar and the unfottunate Gentleman, more, went to the field where this duel too, without having cooled from the quarrel gave rise to it, it will then be their duty in a verdict of Manslaughter; but if, other hand, the Jury are of opinion th; duel did not take place until a day, days after the quarrel from which it resulted, there does appear so much deliberation, death of Lieutenant Bailey would amount to in the eye of the law, but on this subject complete want of evidence. The Jury will consideration the honourable testimony which Baiit:y, previous to his death. bore to the fairness the conduct of all the prisoners throughout the action. This might, indeed, ptoceed from that honour, which had led them all into such a but the Jury must take it as has been stated The Jury having then retired, returned in . minutes, with a verdict of Manslaughter against whole of the Prisoners. About four o'clock on Saturday morning, boat, belonging to Laurence Doyle, Esq. ci hack, at the county cf Wexford side of the Su, td for Waterford, laden with corn, in charr eldest son, Mr. Redmond Doyle, managed boatmen, and having as passengers a man Patrick Forristall, and a young woman name, garet Cottony. When about a mile on her upset in a sudden squall, and Mr. Rednicati and the two passengers were lost. A boat from sage, _likewise. bound for Waterford, happening near, picked up the two boatmen. Miss Kau:Y.—Monday evening Miss KPL. her appearance on the Dublin Stage, in the ter of Aildiui Mandeville, in the Comcd7 •Wiit/ and in that of Louisa, in the Melo-. The Deserter. The high professional reputati.. this Lady enjoys, had pie-disposed the Irish to receive her kindly and warmly, and her was.therAre greeted with the full force of dilection. Her acknowledgments for this very welcome were made with so mach grace ant lity, as greatly to increase the good opinion pre-existed in her favour.—.. We were greatly fled (says the Dublin Correspondent) throughout whole of Miss KELLv's exertions ; and it was - fest that her auditors, without an exception, equally so. She sung a ballad in the Pia; another in the Afterpiece, with great sweetness, and simplicity, and was encored in both, If a love of genuine ruerit amongst us, Miss cannot fail to find the advantage of it durin) short stay here." CORN EXCHANGE, MARE -LANE, JAN. 16.—' to the continuance of adverse winds, our Mr very bare of all Grain : yet the Wheat trade ceedingly heavy, as none but necessitous Mil purchase, in consequence of the large supply will arrive when the wind becomesfavourable. Barley is nominally as on Monday, bin the qualities are stated very dull sale. In Peas, and Oats, no alteration. SMITHFIELD MARKET, JANUARY To sink the opal —per none of Sibs: Beef 45 to 49 44 I Veal. 49 ed Matson 3s to 49 sal Pork Beau 300.-Wves i6O--'..'.keep sad Lambs DA to— • ill or ir,p. comas Jes. nntr. if Sth rest- ock, the i Batley' i' was Clerk of kt Guilty t lenge on • that as I circum• to him), ti ;ding far- is I ! al of the then era- .furgeon; eNevUle, with what ti 4 p Wad est r Readers. for their , in which dirtunate • engaged; animosity been on / 1 v declined led to the • they all anguished ntlemauly ! °towel, witnesses 1 (' (pally fa- Esq. Lieu- lien, vise called am up the crpre!srd t that score part of the the Jury," risoners at , now no wok place rel which r to bring on the that this r, or two dted, then , that the to murder ther-s is a 1 take into which Mr. fairness of :the trans- that false situation; to them." 1 about ten igainst the • a sal- of Ball ~- sltir, sail- trge of his 4:1 by two tan named tined Mar- cat T *l d 1 7 16o s y l'e le . from Pas- ming to be ELLY made • he charac. dy of T. i-Corame of ition which rish Public sr entrance f this pre- friendiy and sensibs- nion which :ally gra: i- ighout the was manic ration, were Play, and mess, taste, if there be lisa KELLY during her I I n Market is •ade is cif- ply which able. Free he infericr • Beam, T to. 4 to Cs CA d to grip