Star. — London, England, 1820-12-05 00:00:00

LAW INTELLIGENCE. COURT OF COMMON PLEAS, DECEMBER 2. *CUD V. TUFFERY AND ABBOTT. Mr. Serjeant PELL said, that he really knew nothing in this case which was in doubt. The case was simply this : The plaintiff, Mr. Cloud, was the pro prietor of a Hammersmith stage-coach, and had, on two several days, taken up a passenger in St. Paul's Church-yard, who booked himself the whole way for Hammersmith or Kensington (the fare being the same), but who chose to be set down each time at Hyde Park-corner. For so acting the Hackney-coach Commissioners issued a was rant, on which the coach and horses were seized by defendant Tuffery, who carried them to the yard of Abbott.— By the Statute of George I. chap.s7, the third clause enacted, that from and after the 2lth June then nezt i no persons should presume to ply carriages for hire within the streets or liberties of London and West minster, or the parishes thereof, within the Bills of Mortality, save and except those who weze licensed by the Commissioners for Hackney Coaches ; and also enacting, that all persons offending against the said Act should, for each offence, forfeit a penalty of £5, with costs. The Learned Serjeant then proceeded to state, that by another Act, the 53d Geo. 111. c. 185, for the protection of stage-coaches, the 12th section provided, that from and after the passing of that Act, no proiision contained in any former Act should operate to prevent any stage-coach from taking up or setting down a fare within the cities of London and Westminster, &c. provided they did not deviate from the regular line of their road in so doing. Now what happened in this case was simply this : the plaintiff had taken up and booked a passenger in St. Paul's Church-yard, who professed to go the whole way to Kensington with the stage, and had paid his fare accordingly; but who thought proper, at Hyde Park-corner, which was on the direct line, to quit the coach, as he had a right to do if he pleased, for there was nu law in this country to prevent any man from taking his place and paying his fare the whole way in a stage-coach, and stopping at any part thereof and leaving it. It might be foolish for any man to take and pay his place to Bath and stop at Knightsbridge, but there was no law against it.— Surely the coachman would be liable to an action for false imprisonment, Wunder such circumstances he presumed to detain a passenger against his will. That was the real state of the case, and he would in a moment prove the facts. Mr..SßEPtiroto said, that he was very anxious for the attendance of the Solicitor-General, as this case was of great public importance. He meant to state that the Court was precluded from entering upon this case at all, it having been already decided before a competent tribunal. The Commissioners for Hack ney Coaches had already pronounced an adjudication upon it, which they were entitled to do by the Act, and from their decision there was no appeal. Chief-Justice DALLAS said he recollected the bomb boat case, where a penalty had been imposed by some Magistrates, under a particular Act, of which they had specific cognizance without appeal. They had adjudicated, and the case was brought into Court, upon a pro-offer of proof that the vessel, or whatever it was, was not a bomb-boat, but a decked ship. The Court, however, declined to touch the adjudication of the Magistrates. Mr. SHEPHERD said, that that was precisely the point here. The Solicitor-General meant to contend that the Court were not competent to disturb the ad judication already pronounced by the Commissioners for Hackney Coaches. Mr. Serjeant PILL and Mr. POLLOCK, jun. both contended, that if the Commissioners had travelled out of their jurisdiction, it was the special province of the Court to revise what they had done. The Cxrar JUSTICE—gg What was the fare paid from St. Paul's to Hyde Park-corner ?" Mr. &Emma -4g Eighteenpence, I Understand that is about half the hackney-coach fare." The Cum JUSTICE said, that the case had better stand over until the Solicitor-General came. As it was now three o'clock, perhaps it would be as well the case should be passed for the day. It certainly might be connected with important interest s. The case was ordered to stand over until Monday. MONDAY. DECEMBER 4. The case was again argued this day. Chief Justice DALLAS, in summing up the evi • dente to the Jury, said, hat the simple fact for their consideration was, whether they believed the coach man took up the passenger for the purpose of setting him down in Piccadilly at an eighteen-pence fare, the regular coach-fare being double that amount? The Jury retired for twenty minutes, and then brought in a verdict for the plaintiff, and that he did not know the passenger was to be set down in Picca dilly.—The question upon the law of the case will be argued next Term. COURT OF KING'S BENCH, DECEMBER 4. THE KING O. JACKSON AND OTHERS. This was an indictment against the defendants for unlawfully conspiring to create a commission of bankruptcy out of the High Court of Chancery against G. Jackson, the younger. Mr. Toesna having produced the commission sued out on the 4th of July, 1817, on the affidavit of G. Jackson, the elder, against G. Jackson, the younger, Mr. GURNEY objected to an informality in the in dictment, which charged the defendants with conspi ring to sue opt a commission under the Great Seal of England. The commission bore the Great Seal of the United Kingdom of Great Britain, and he contended that the alteration was certainly fatal to the indictment. The LORD CHIEF JUSTICE observed, that he could not say that it was a commission sued out of the High Court of Chancery under the Great Seal of England, because, in fact, there was no Great Seal of England. His Lordship's opinion being fatal to the indict ment, the Jury, under the direction of the Learned Judge, acquitted the defendants. DUFRE V. TAUNTON. This was an action to recover from the defendant the amount of a bill.due by hin3 to the plaintiff, who )s proprietor of the Star Inn, at Oxford. The daughter of the lady who keeps this inn , . proved that the defendant was in the habit of fro quenting the house from the year 1805 to 1811, and ghat he ran up a considerable bill there. The ness generally kept her mother's accounts, and knew of the defendant's seeing the items charged in the bill, which was produced in Court, copies of which . had been repeatedly sent to Taunton, and no objec tion made to their items. The witness was cross-examined by Mr. CROSS.-- I perceive, Madam, that you have here charged cash £5, and again—cash £5. Are'you certain that this money was advanced to the defendant P—lt is im possible for me to speak, with certainty, at this dis tance of time ; but these items are entered by rne, and I believe the defendant had this money. I see, also, £1 7s. charged for his share of a din. net.. 'This appears to me an extravagant charge.— Then you must know, Sir, of what the defendant's dinner consisted, but I do not—(A laugh). The LORD CUM Jusrice.—Perhaps, Mr. Cross, your client doubled the Cape, and got to Madeira (Laughter). Mr. CROSS addressed the Jury on the part of the defendant, and endeavoured, with considerable inge nuity, to shew that a letter addressed by his client to the witness who was just examined, at least disputed the accuracy of the account. He also dwelt, with great force and feeling, upon the extravagance of the charges contained in that inauspicious bill; but, as the Jury did not sympathise in the sufferings of his client, they relentlessly returned a verdict for the plaintiff. FITTER V. BALL. This was an action for slander, brought by the plaintiff, who is a farmer residing at l)owton, in Essex, against the defendant, who had been for merly employed by the plaintiff in the capacity of a baker. The defendant had imputed to the plaintiff his having stolen a sheep, and justified on the plead ingsithis assertion. 111 r. GURNEY was proceeding to state the case for the plaintiff, and, while remarking upon no profes sional Gentleman appearing in Court to justify the language which the defendant had used with regard to the plaintiff, and observing that this circumstance ought to swdl their verdict, the defendant's attorney appeared in Court, and applied to his Lordship to defer the case, as Mr. Adolphus was engaged for the defendant, and he conceived that he was in Court until this moment. Mr. GURNEY consented to this arrangement, and the case was accordingly postponed. CLEARY V. COBBETT. When this case was called on, Mr. BROUGHAM ob served, that as there was a cause of a counter nature in the Special Jury list, in which it was intended to justify the libel, it would, perhaps, be more advan tageous to all parties, that the present case should stand over . until the other was disposed of. The CHIEF Jusvcc.—Unless good reasons are as signed by the other party for the alteration you pro , pose, I think it may be allowed to stand over. Mr. CONES:TT entered the Court shortly after this application was made to his Lordship, and when the cause which was then hearing terminated, addressed the Chief Justice, and observed, that he had just heard of an application made to the Court to induce his Lordship to put off the trial of Cleary against Cobbett, until another trial, in which he also was defendant, had ban disposed of. It was his wish that the trial in question should be brought for ward with all possible expedition, and he knew not what connection it had with the other trial, to which he understood the Counsel for Mr. Cleary alluded, that could make such a postponement desirable. The CHIEF JUSTICE said, that Mr ! Brougham had applied to the Court at an earlier period of the day to postpone the trial in question, but he could not consent to that application in the absence of the de fendant ; but when the cause was called on, and the defendant was not in Court, be conceived that it would be advantageous to him to postpone the trial, otherwise it would never come on in his absence. Mr. Cosset.? stated, that he bad attended there on Friday and Saturday, and he was only prevented from being present to-day by the insolence of one of the door-keepers, who prevented him from entering the Court ; and when he sent his sons to obtain 4,1 mittance, they experienced a similar reception. Un der these circumstances, he thought it not unreason able that the cause sho uld proceed foithwith to trial..l The CHIEF JusTice.—What do you now say, Mr., Brougham ? Mr. BROUGHAM said, that he had no wish what ever to exercise an unnecessary, and, as it might ap pear, severestrictness towards Mr. Cobbett ; he ima gined that the proposed arrangement would have met with the concurrence of Mr. Cobbett, but he had no objection to proceed with it as soon as the Court 'I thought proper. The CHIEF Jturricz.—Let it be taken the first in order to-morrow. COURT OF EXCHEQUER, DECEMBER s. THE ATTORNEY-GENERAL 0. WYATT. This was an information filed by the Attorney-t3e neral against the defendant, an extensive ale-brewer in Portpool-lane, for having used coculus indices nude other deleterious drugs in his brewhouse. In addition to the penalty for the use of the drugs, the informa-. lion also sought the condemnation of the coppeiboiler in which those drugs had been infused. The discovery of the illegal practice upon which this information was founded, took place under cir cumstances of a singular nature. It appears that an Excise Officer, whose duty it was to attend the con- , tern, suspected that- drugs were used, and, in order to ascertain the fact, be contrived to place himself at the top of the brewhouse ; and, having removed a tile from the roof, he was thus enabled to command a view of all that was going forward below. Having remained in this situation for some time, he perceived the younger Mr. Wyatt approach. At this moment a small orifice was opened in the dome of the boiler, and Mr. Wyatt proceeded to cut open a brown paper parcel which he held in his hand, and the contents of which he threw into the liquor in the copper, which had not yet begun to boil. The vigilant Officer in stantly exclaimed from his peep-hole, to the alarm and confusion of the parties below, that if they stirred 'he would fire upon them. He then descended, and rushing towards the copper, took off his hat, and, dipping it into the fluid, succ eeded in bringing forth la portion of the illegal drugs, which yet remained ' ` on the surface. This he secured and conveyed to the Surveyor, with whom he afterwards returned to the brewhouse, and seized the copper, valued at £l,OOO. - The ATTORNEY-GENERAL was this day prepared to open the circumstances of the case to the Jury, having in his possession a model of the brewhouse and ofthe dome copper which had bees seized, who the-defendant submitted to a verdict being entered' for the Crown, for a penaltyof Five Hundred Pounds for the use of the drugs, and of One Thousand Pounds for the value of the copper. THE ATTORNEY-811NERAL v. HENRY HUNT. This was an information filed by the Attorney-Pre ' neral against Henry Hunt, Esq. of political celebrity, to recover penalties incurred by him for having in his possession a considerable quantity of roasted peas and beans, and other grain, in imitation of, and to be used as a substitute for coffee.—Previous to the case being called on, Mr. HILL, on the part of the defendant, moved the Court to have it postponed to next Term. The ATTORNEY-GENERAL said, that he had seen his, Learned Friend's affidavits, and although the reasons therein assigned were not conclusive, yet he had no disposition to hurry on the case if the defend ant was unprepared. LONDON -SESSIONS.. - - Yesterday these Sessions commenced, before the LORD MAYOR, the Sheriffs, Recorder, Aldermen l MAGNAY, Sir C. S. HVNTER, and ANSLEY. The RECORDER, after giving the Grand Jury some instructions with relation to the case of perjury, con gratulated them on the comparative thinness of the , Calendar of the present Sessions. On the names of the Gentlemen summoned to serve on the Petty Jury being called over, one claimed to be excused on the ground that he had only been married the day before, and was by no means in a fit condition to deliberate upon a Jury ! The COURT seemed to be startled at this novel objection, but, upon a moment's consideration, they allowed it to be a good one, and excused the individual. SURREY SESSIONS. Yesterday these Sessions commenced, before a full bench of Magistrates. J. Costellow, S. Costellow, B. Sullivan, J. Higgins, and two other persons, were tried for a riot, and for assaulting C. Tilt, one of the Toll Collectors on Wa terloo Bridge, on-the 29th of August. It was stated by Tilt, that the prisoners, between twelve and one o'clock on the night, or rather morning, of the day. named in the indictment, presented themselves at the gate on the Surrey side of the Bridge, and de manded to pass free. Tilt refused to allow them, and after some altercation, they paid the toll. Some abusive words passed, and then J. Costellow struck him a violent blow, the rest (with another person who did not appear), then repeatedly struck him with their umbrellas, and otherwise ill-treated him. The Patrol (Hunt) came to his assistance, and the pri soners were lodged in the Watch-house. They were found guilty of the assault ; and J. Costellow, being the ringleader, was sentenced to fourteen days imprisonment ; the other prisoners to seven days each. J. Bebb was tried for robbing his father, J. Bebb, of two coats and a silk handkerchief. It appeared that the unfortunate youth had got connected with bad companions, and frequently plundered his father. He was found guilty, and sentenced to be transported for seven years. GUILDHALL. —A ragged little urchin, scarcely nine years old, named Richard Morilock, was brought up for examination yesterday, before Sir Wst.CURTIS, for a street robbery. Sophia Jesson, between eight and- nine years of age, was standing. at her aunt's door in Chancery-lane, with a boy of her own age, when the prisoner asked them to shew him No. 34. While going on, he sent the boy back, with a pro mise that he would bring him a box top and a spoon; he then enticed the girl to a court in. Fleet-street, and took her scarf and handkerchief and ran off. He was recognised in Fleet-street, about a week after wiids, and taken into custody. In conseqUence .of information he gave on the first examination, a woman was yesterday put to the bar as the receiver ; prisoner said, he met her in Chancery-lane, when she , panted to the scarf, and said—" There's a chance for you ; get her from the door with some little story; a shilling will look much better in your pocket than out of it." . Be obeyed her instructions, and she bought the articles for 2s. 6d. She denied this, and was discharged, the property not having been traced in corroboration. Mortleck was remanded. Bow-smarr.—Yesterday, T. Faulkner, a lad, was committed, charged with stealing £l3in notes, some silver, and a coat, in the house of Mr. Davidson, a printer, in Lombard -street, Whitefriars. During the night or morning of Tuesday last, his printing-office, adjoining his dwelling-house, was entered, and a desk belonging to Mr. Simmons, the overseer, in the reading-room, broken open and plundered of £l3 in motes, and 16s. in silver. A coat, quite new, belong ing to one of the workmen, was also stolen from the composing-room. A Patrol of this Office appre hended the prisoner at a well-known house in St. Giles's, on suspicion of being one of the gang con cerned in the rescue of the prisoners from Marsden, the Marlborough-street Jailer ; and, having ascer tained where he lodged, he went there, and found a new blue coat, and some silver. He asked the pri soner where he got the coat and money ?-and he said he found £l3, some silver, and the coat, wrapped to gether in a parcel, in the Strand. The Patrol, having heard of the robbery at Mr. Davidson's, learned that the prisoner, a day or two after that happened, had paid a £5 note to a Mr. Chambers, a slopseller, in Broad-street, for some clothes. This, on being stop ped at the Bank, proved to be one of the notes stolen from Mr. Davidson's desk. The coat found at the pri soner's lodgings wasalso the one stolen from the com posing-room the same night. Saturday evening,' ah expert thief found means to unstrap from behind a Gentleman's carriage, on its way from Westminster-bridge to Grosvenor-square, a leather portmanteau, containing a Russian leather dressing-case with some valuables, a Staff Officer's uniform coat and medals, and several other articles of valuable apparel. • - • A man, in the garb of a Gentlilnan, accompanied a fair Cyprian to her lodgings in Canterbury, a few evenings since, with whom he retired to rest, and during the night, watching the opportunity of his companion bt4ing soundly asleep, he arose and ran sacked her drawers, stealing a gold watch, trinkets, money, and other valuables, to the amount of fifty pounds, with which he got clear off. On the evening of the 29th ult. as Mr. Snow BEATTIE, rlogger. in Annan, was returning borne after collecting money in the country, he was attacked at a place called Gallowbank, by four men, who seriously and wantonly abubeSlianil rebind him of 151. ss. 4d. with which they sot clear off, . . FASHIONS FOR DECEMBER. Watiertio Daxss.—Composed of a fine jaconot muslin, r n A d high to the throat, and finished with a double vandyked worked muslin ; t he bottom of the skirt completed with a hm.i Bounce headed with three narrow tucks. A superb few: loured pelisse, made of fine lady's cloth, richly trimmed. , d lined with pink. A French collar, rounded and lined with de.„ rose-coloured satin, the same material forming double cap the shoulders, each headed with satin piping of the same ce . :eim Down each side of the front and round the bottom, a fa/I -el superb trimming of satin shell work ; between each shell fa folds of satin, headed with pipings of the same. The bevr d very large and projecting, with a curve is front; it is lined v.t4, white satin, and round the edg e , in full folds a deep blond list. headed with a full plaiting of silk net; the crown very low, al the whole completed with a plume of superb feathers placed La the side. The bonnet black Leghorn. F.voima DAESS.—Composed of white crapes worn over white satin slip. The bottom of the skirt full trimmed with s wreath of white roses; round the bottom another to oorrerp m e, and between those are placed, at regular distances,andfestooe t i in points alternately towards the top, a succession of roses, ing a broader space on the lower part. The body and sleeve s et pale blue satin : the body finished with folds of Crape ri a i ! ,4 and confined to a point in the centre of the bosom. Short f e l crape sleeves, over which are capes of blue satin, edged wni t broad lace to correspond with the bottom of the sleeve round the arm. The hair dressed in full ringlets, completed rich cluster of crape flowers on one side, terminating small_- towards the back of the head.—Lady's Magazine, The whole of the dresses, scenery, and other prn. petty attached to the Brighton Theatre, and cost Mr. BRUNTON nearly 4:2,000, was sold at ti-.; Theatre on Wednesday last, in lots, for the sum 0; £66 19i. !—Mr. MASTRRS, of Lynn, a friend of Mr. BRUNTON, was the principal purchaser. At four o'clock on Thursday morning sennig! - ,t. a number of armed fellows, on horseback, were of:t1 passing the Cross of Ballyneely, County of Limerick, and having asked whether the Police were there, and being answered in the negative, they continued the:! route, and broke into a forge, from whence ther took a sledge, and having supplied themselves witt lighted coals, they proceeded to attack the house (i Patrick Ward, a respectable farmer, which, :after firing into, they burglariously entered. GARnET RODNEY FITZGERALD, Esq. a Magistrate of t:11: County, residing near Ward's, hearing the arose from his bed, and having procured the ance of some of his neighbours, they hastened to Ward's house, where the banditti were assembled; they being alarmed, attempted an attack on FITZGERALD'S party, which was spiritedly reside:, and the fellows beaten off. One of the banditti ‘w.; shot dead, and two others mortally wounded ; were. taken prisoners, but they got off. They were armed with muskets, pistols, and blunderbusses, ami left behind them three stand of fire-arms. All l:. , gang had their faces blackened, and one of them had a heated tongs and an iron bar in his hand, w!iidi were with difficulty wrested from him by Mr. FITZ GERALD. The man who was killed is named Patrick Connell, of Cahirnary. It is said that the party welt for the purpose of taking off Ward's sister-in-law, against her consent ; and the young woman, on hear ing their approach, decamped from the house in her chemise, and sought the protection of a friend, three miles distant. CORN-MARKET, MA cuss.' Wheat, Kent and Eases, new 50s 601 old 60$ Suffolk, new 301 501 old 60s Norfolk, 01d...—. 44s .541 Rye ............» 26s 518 s Barley 221 2Ss _ _ Malt White Peas ....... 36s ....---, Boilers ... 38s 40$ Grey Peas.... ...... ...34, 56* :-LANE, DECEMBER 4. Small Beans Ms Vs Tick ditto 26s -Leis Oats, I'otatoe 26s ths Poland ~ 24$ !:71 Feed l6s 22s Flour, per Sack 50s 3:4 Rapeseed, per Last X 33 X4O FOREIGN: Wheat, Dantzic .sBs 62s Baltic KM, Hambro' or Bremen, Brabant red Sf.'s NEWGATE Aso LEADEN HALL MARKETS, Dr.c. 4. (13i the Carcase.) Beef 3s Od to 3s ncl I Veal .........3s id to 5s Cd Mutton 2s. id to 54 td Port 3s 8d 'to 5s 4d PRICE ( maw SAO& Kent ' 2l 16s to 41 15s Sussex 2l Bs to 31 Ss Essex Foreign IF HOPS. MEW POCIEVTL Kent Sussex 2l 10s to 51 Et Essex 21 Ids to 41 CI Farnham 4l los to 51 to PRICES or HAY avo STRAW YESTERDAY. at. JAMltelt. W 1111111C1111 PSG Hay 31 Ss Od to 41 5s Od Hay.... 31 141 to 41 4s OA Straw 11 4i Od to 10$ Od Straw 11 8s to 11 14s ad CloverOl Os Od to 01 Os Od Clover 41 41 to 51 Ss 04 PRICE or TALLOW, SOAP, &c. per In& Town Tallow 6ls Od Ditto rough Vs Yellow Russia ... ..... 54' Od Yellow Soap ...... ...... sa White ditto sos Od Mottled go Soap ditto ' 49s Od Curd ' Bs Mekin Stull' 421 Od Palm PRICE OF CANDLES—From Tallow Chandlers' HalL Candles, per doz. 11s Od—Moulds, Its 6d; Od. per dozer. allowed for ready money. RAW HIDES. 1 Best Heifers and Steers (per Ordinary .. its 2d to iis a stone) 3s Od to 35 4d Market CA' Os od to Os 04 Middlings 2s 6d to 2i &I Eng. Horse Os Od to Os ud Sheepskins--Downs, 3s 3d to 4s 6d—Polled, 4s iid to Ss a COURSE OF Amsterdam ... . lt 7 C.", Ditto at sight •IS 4 Rotterdam... $ SU. Antwerp, ex-mo. 12 8 Hamintrgh... 57 7 2}U. Altona 37 8 Sill. Paris, sday's date 25 70 U. Ditto.. 26 0 21i. Madrid, effective .161 Cadiz effect....... 36} Barcelona . ...... 56 Bilboa, effective 3611 :XCHANGE. Seville 363 Gibraltar ...... 303 Leghorn 47 Genoa 44 Venice Ital. Liv. e 7 60 Malta Naples Palermo ll3 per ea Dublin 7 C0rk.....-*.-4... .. T Agio of the Hoak se Hol. Lind 0 _ PRICES OF GOLD AND SILVER. Portugal Gold in Coin, per oz. ,EO 6 0 Foreign Gold in Bark. .. New Doubloons New Dollars... ......... ...... 0 4 ice Silver, in bars, standard. 0 4 • • COAL MARKET, Ds.c. 4.. Ships at Market. Ships &St 501 Newcastle 7 Sunderland Price. 53s od t. 436 a ;5s 126 d to 446 MAILS THIS DlVireminallll. Wt. . ' At?. I" Dublin 1 0 Lisboa 0 1 Waterford . I Q France 0 1 Guernsey andlersey . 0 . -'0 Hamburgh 0 t Holland - 0 1 Gottenburgb 0 / Flanders - • 0 0 Malta 0 • Jamaica 0 - 9 - 0 t l rlf - Y9 rl / ______--------- HIGH-WATER at LONDON BR MGR TO-MORROW. Merning - 66 minutes atter II Aftcrnoen - 2 3 4•••••.11. 3 IA) DUN : Printed and puhlisbed . by Levitt Sitio; rut . Vice, Teniplellar. .* NEI • "w:. _, ~..m••• 1" ORE tie h Vou ; 'sad Plato • Part Corti( 'of A toidt ;Orsai Utica such Gaut] t.ing tt th shewi . secs a the S medic ,lf T 1 tet-rti 7 Na to De to let facul to the are v and a —Ec - • Vu This i Mrs - rec i by al .9h:se the p _ Sc 0;; 'nun 1)(J: acce IMI • Not 41ric -I. ' IT" •Imp <Ass "cow • for I Pr!: .~ datl i Vali of ' 114 . 1 tea : CAI • eti - tel . liftl .. INN