Star. — London, England, 1820-02-02 00:00:00

LAW IIYTELLIGfNCE. COURT•OF KING'S BENCH, FEBRUARY 1. Their. Lordships (with the exception of Mr. Justice BAYLEY, who was yesterday sworn) and those olthe King's Counsel present, took, in open Court, the oaths of supremacy, abjuration, and allegiance to his Majesty King George the Fourth, Mr. DEALTRY I the Officer of the Court, administering them. PERJURY..•••-.TALE KING D. WRITEHORN. Hannah Whitehorn was brought up to plead to an indictment found by the Grind Jury against her, for wilful and corrupt peijury at a trial at the Old Bai ley. It will be recollected, that at the September Sessions, the defendant charged Captain Mills with an attempted violation of her person, whilst a servant in his house, but failing in the proof, the defendant . , was acquitted. Amongst other things in support of the prosecution, this girl swore, that from the 29th of. July, when the act was committed, up to the 12th of August following, she had no opportunity of let ting her mother know her situation, or taking any steps to extricate herself from it. This allegation was denied, and the fact itself traversed. The ac cused thought himself injur ed by a trial for felony on a groundless charge, and upon this representation the Grand dui y found a true Bill against the prose cutrix for perjury. The Information having been read over to her, the defendant pleaded Not Guilty, and she was given to under stand, by Mr. DEALTRY, the Officer, that her trial would come on in the Sit tings after Term. HABEAS CORPUS. John James, of the City Larder, Old Bailey, a isrisonet in Nesegate, brought himself up by Habeas Corp:.:, to have an inquiry made into the legality of his commitment. Mr. CURWOOII appeared as his Counsel. It was by warrant from the a:ommissioners of Bankrupt that Fe was committed, under a charge of equivocation and perktry„ as a witness in the examination of Clarke, of Leicester-square, a Bankrupt. This, he c:;ntended, was an overstretch of their authority.—. The question here was, not whether the defendant was or was not aiding the Bankrupt in d efraudin g his creditors (for that could not he denied), but whe ther his answers %vele in themselves satisfactory ehough? At his first examination, he laboured under mental derangement ; but at a subxquent one, he was mere explanatory. True, the Commissioners had large powers, but if they do not - cause to take the defendant's explanations, his incarceration must last for life. The charge against him . was,ethat he had - secreted some papers; and though he refused to give answers concerning them at first, yet he after wards answered, though it eliminated hiinself. Mr. VC/LDP., oh the other hand, argued, that there WaS enough on the face of the warrant to justify the Commissioners in the commitment ; -with regard to the plea of derangement, it appears that it rose from intoxication, and the Affidavits he held is his Land, Wen: to the long tit of say inn, that that drunken ness was merely wanten. IL submitted that this Was an aggravated case. The papers destroyed be ing bills of lading, were absolutely necessary to the Assignees, to obtain posscssion of the Bankrupt's property, who had absconded, with the assistance of the defendant. I.pon these grounds the Court ordered the defendant to be Temanded. With regard to the answers given, • their Lordships did not thiak the answers satisfactory, ta ki n g a ll his a nswcis together. At the same time, he would be at liberty to•coma up at ,ineeser time, svhcn he had better evidence to offer. The prisoner was therefore remanded. LIGEL.—EDN4UNDS P. WALTER ANT) BELL. This was an action brought by the plaintiff, who • occasionally furnishes accounts of the pi oceedings of the Police Offices, ;leeriest the Proprietor and Printer of The Times Newspaper, in which the plaintiff oc • casionally contributed intelligence of the nature stated, for publishing in that Newspaper a paragraph, charging the plaintiff with sending to the Printer false intelligence from the Police-Of f ice of Union- Hall, Soutawaik, falsely purporting to be written, or sanctioned by Mr. Reeves of that office, with a view • to obtain money therefore, under such false and fraudulent pretence. The defendants had put in their plea in answer to the Declaration, and Mr. CHI iery now demurred to , the delendanea plea as wholly defective in form, and ' support of the Declaration. l e- Jr, PLATT very shortly replied, bat -the Court was pleased to allow bum to amend his plea on the usual terms, namely, th it the defendants defray the ,;• costs of the past pioceedings. . (mats V. POOLE. In this case, the plaitaiff deposited an Exchequer bill of £lOO, with Panccy and Eaton, stock-brokers, for the purpose of b u y in g Stock, who pleeged aad . 4, passed it awayao the defendant, without accou ntin g to him for the proceeds. They became insolvent subsequently, and the question now was, wilether as : re against the defendant, who was the holder of the bill, an action in borer was maintainabk? Sir \Vietnam OWEN contended that it was. He observed that an Exchequer bill was not that sort of security which was ncgoci.tble, and that the stock brokers had no right to pass it. Mr. CHITTY, on the other hand, insisted that an Exchequer bill should be considered in every respect as any bill of exchange. He cited several cases in support of this position. The Court thinking this a point of some come . queace, declined giving any opinion at present. COMPLAINT AGAINST ATTORNIES. Mr.GUItN moved for a Rule to spew cause, why • •three attornics, whom he named, should not pay the costs of an execution, and answer other matter in the affidavits which lie held in his hand. It appeared • that the persons traded under the firm of Park, Phipps, and Cross, Law-Agency Office, Fleet-court, V, - and had. been employ . ed . for the plaintiff, who was or a • poor woman, in a suit in which they obtained f h er a eerdictetgainst the defendant; but it was set -+ tied by an arbitrator, who awarded that the defend • ant should pay by instalments, one of which they, received, but did not account for. The plaintiff afterwards noticed to them, that she herself would receive the next instalment, and did so actually, but after it was paid they laid on the execution, without her knowledge, for the debt.—Rule granted. THE SING V. TUE REV. •-•—••• ikpip. • . Mr. NOLAN moved to make the Ru:a•absointe in this case.. , • *Mr. GUR NEY said, that it was a Rule for . a shall be under a necessity of arguing the.cuse, .and iiterefore I subdrit that diet Is no,'-nitesiity for at Ining it new. Mr. Justice HCLECkYD.-4t appeait to me that you *Mt state some grounds for- calling upon the Court - to grant this writ. I algii think that you• ought to go so tar as'to strew that the Commitment wat illegal. `For how can this Court act unless there be an impu tation cast upon the legality of the commitment ? •Mr. Justice Bash said, he agreed with his Brother •Holroyd. Mr. EVANS continued to argue, that the Court was bound to • grant the writ. He, then, at the desire of 'the Court, referred to the Act itself, which, after re citing in the Preamble, " That whereas various delays had occurred in criminal matters, &c. when the party imprisoned shall bring complaint, &c. if any Judge refuse the writ of Habeas Corpus, for every such offence, he should, oyeit £.500." Here, then, 1 4 / a s no exception, except the cases of persons charged with being guilty of felony and high t reason. The CHIEF JUSTICE.—The practice of the Court has ever been as I have stated it, not to grant a Ha beas Corpus in cases where the prisoner was likely to be remanded. This has certainly been the practice; but as this is a case which materially regards the liberty of the subject, I wish that nothing may be done prematurely. Mr. Evans you may take the writ nbw, or move for it on Thursday next, when the Court will be full. (Mr. Justice Bayley was - . . . . nal information against the defendant, a clergyman, for some differences which he had with the plaintiff; a schoolmaster, as to settlink some glebe lands He was instructed on the part of the Gentleman to say, that he was very sorry for having done the plaintiff any injury. Mr. SGARLITT, on the plaintiff's part, -accepted this apology, and the Rule was ordered to be dis charged. THE KING V. KEANE Mr. STARKIE made a motion to remove the trial, of this cause into the Court of King's Befich, or else to the Assizes for the County of Chester, from the County of Lancaster, on the ground that the defend ant, in the latter place, could not have a fair trial. It was an indictment against the defendant for selling arsenic for the destruction of dogs and foxes. The plaintiff, thinking these latter animals very nox ious to the farmers, had taken this method of ridding them of them. So great a prejudice, however, he said, was raised against him in the County, from the partiality of Gentlemen for fox-hunting, that he did not think he could get in impartial Jury there. On these grounds he prayed the Court to remove the venue. Their Lordships, hoWever, would not listen to the motion, because they could not presume that the whole County were so prejudiced by this passion for fox-hunting, as to lose, s►ght of justice.—Motion, refused. )sent). Mr. EVANS said he would now, with the permission of the . Court, take the writ to bring up the prisoaer on Thursday. The CHIEF Jt:sTiff: then granted the writ, at the same time saying, that by it the Court did not itself to any ulterior course of proceeding.—Wqt granted. HABEAS CORPUS. Mr. PULLER moved for this Writ under these cir cumstances-:—A. Gambella, a French prikoner of war, in 1817 married the daughter of a Mr. Mor ton, an English Gentleman, though against her fa ther's consent. So strong was the patent's dislike, that he got the plaintiff removed to another prison ; but he returned a short time ago to claim'his wife and infant child. These were refused, after repeated applications ; and he now sought the writ to bring now-sznerr.—Yesterday, Jagger* and C. Pat up the infant's body, or to shew cause why he de- term, were re-examined, charged with being con tained her. corned in numerous mail and stage-coach robberies The CHIEF-JUSTICE.—Take the Writ. that have been committed within the last few months P10111101:SP. at the Golden-cross, Charing-cross. Since the former Mr. Evaxs said, he rose to move fora Writ of examination, Mr. Horne, of the Golden-cross, traced Habeas Corpus, on the part of John Cam Hobhouse, two 51. notes, which had been stolen from a parcel, Esq. now a prisoner in Newgate. to two linen-draper's shops in Covent-garden, where The CHIEF-JUSTICE.—On what grounds do you they were paid by Mrs. Clayton, with whom the pri move ? soners lodged, within a short time of their being Mr. Eva iss said, on the applicant's affidavit, Which stolen.—Mr.BlßNlE said, there could be no question stated, that being at his house, No. 1, New-street, that Mrs. Clayton had a guilty knowledge of the Spring-gardens, on the 14th of December last, two transactions, and she, with the prisoners, was ordered persons, representing themselves to be Messengers of to be committed. They were each sentto a separate the House of Commons, called upon him, and after prison, for re-e'xaminathn. having mad 2 a prisoner of him, conveyed him to • floas.—Complaint was made to the Magistrate, Newgate. He asked them for their authority, and by the proprietor of the Fountain Tavern, Catherine he was shewn the warrant of the Speaker of the street, of a }Max that has Iseen petty extensively llouse of Commons for his commitment ; and he played off upon him lately. Some wags, it appeared, afterwards learned it was for a breach of the privi- had consulted the daily newspapers for advertise- I le` es of that house, though he had not had an op- meats for situations, and selecting those of females, portunitv given him ef nicethtg the charge, or de- had taken upon themselves to answer by letters, at tending himself against it. ways directing. the advertiser to call at a certain The CHIEF-JUSTICE desired the warrant to be read. hour at the Fountain Tavern." The house had in Mr. EVANS tKeii read the warrant, which, after consequence been completely Wet by governesses, reciting a resolution of the House, that a book, said ladies' maids, housekeepers, and other domestics, for to be written by Mr. Hobhouse, was a libel on the the last few days, and it afforded constant employ- Legislature, and on that House in particular, con- ment to one person to open the door, and to answer eluded by the Speaker's. warrant to the Keeper of the numerous applicants. Amongst the number of Newgate to take him into custody. . applicants *ere several young females of -consider-1 The ('tries-JusTich.—The warrant sets forth that able respectability, seeking situations as governesses the book was a breach of the privileges of the House, Or companions.—An officer was ordered to exert him and that the defer: mat was guilty of it. Under these self for the discovery of the authors. circumstances, .cair this Couit hitt% fere ? ROBBERY OF THE BATH MAiL.-31onday night Mr. EVANS said, he was not prepared to arguethe the Bath Mail-cola drew up to the Gloucester matter now, not thinking he would be under a ne- Coffee-house, in Piccadilly, as is custodiary, when cessity of doing so. the mats employed at that Office, known by the name The Cni es:Jostles said, he did not mean that the of the Banner, set about packing the parcels, be- Learned Counsel . should take, as coaclusive, what he longing to the pas.engers and others, directed to go had said. If, at a future time, he could slew better by that Mail, when finding that he could not pack a grounds for applying to the Court, lie would be 'at large band-box, there riot being room for it, he wok liberty to mention it. it back again into the office; and as he was returning Mr. EyaNs thought, the hare fact of the applicant's again to the Mail-coach, he was stopped by a man, being in custody el:titled him to call upon the Court %slio asked him a few trifling questions, which no for a Writ.of (70-pus. This doctrine was ex- doubt was solely for the purpose of delay, and when emplitied in Fowler's case: he got to the coach and opened the door, he found' Mr. Justice lirs'r. said, that the Learned Counsel the other door had been opened and left so, and im could not have forgotten that, in that case, Lord mediately missed a. parcel which proved to contain Kenyon of wards said he did not know that it was £1,400, belonging to the Devizes Bank ; and, strange for a contempt of the House of Lords. Here the to tell, one of the Proprietors as going with it to charge was not of a libel generally, but of a libel take case of it.—The robber escaped undiscovered, won the House of Commcws. no doubt with the man in league with him, who stop- Mr. LvANs said, that in that case the warrant was ped the porter or runner to ask him a trifling question annexed, and the Court could not fail to sec what to delay him. the natio eof the charge was. The Learned Judge Mits. I'iozzi'S BALL.—A Ball, Concert, and Sup bad actually asked, if it was not for a libel upon the per, were givers last Thursday, at Bath, by the cele- House of Lords ? brated Mrs. Piozzi, with whose name are associated The Clilt.F-JUSTICE.—II appears a writ was then some of the best feelings of literary recollection; granted, aid the i:i.fendant was brought into Court, whose intimate friendship with Dr. JOHNSON, and when the power of this Court was Then discussed, the sei,s and writers of his day, combined with her and its jurisdiction slcfined, own classic attainments, have raised an halo of im- Mt. Eva writ would be very desirable perishable fame around her character. Thirty-five if it was only to ascertain of what nature the wart ant years (says the Bath Herald) have elapsed since the of committal wa„. It should, at least, be required death of Dr. JoHNSON—half the allotted age. of •o 1 the Jailer, to say, whether he had given to the mortals, since those days when it was supposed prisoner the warrant of committal. Mrs. Piozzt was hi the very zenith of her powers; and The Clitzr-JusTice.—Mr. Evans, you have now now with all her faculties bright and clear, without shifted your ground. If you mean to go upon.* Jug. those "searnings"which,many years beforethat period, gestion that he was shesvn an untrue ropey, it is quite she had so pleasantly depicted, she issues seven )un-a different thing. dred cards of invitation to a concert, ball, and sup- Mr. EVANS said, he did not rest any part of his per, for the celebration of_ her eightieth birth-day! case upon that. • actively employs herself in all the fatiguing prepa- The Cutler-Jusrice said, it was the practice gene- ratory arrangements; and actually opens the ball, by' rally in that Court net to granttt Habeas Corpus in going down a country dance with:all the grace and any case where it was likely the party would be re- neatness of a matron of 45 ! For the last month, manded. The principle upon which the present ap- the world of fashion has been anxiously anticipating plicant moved for it seemed well understood, and it the pleasures of this unique entertainment; and about was not hard to foresee what would be the result.— nine o'clock, en Thursday evening, the company be- He asked if the Learned Counsel was prepared with gan to assemble at the Kingston Rooms. The concert any precedents of a contrary practice ? commenced at ten o'clock, and the supper-rooms were Mr. EVANS again repeated, that he was quite un- opened at twelve; the banquet comprised a profusion prepared with any argument in support of the appli- of all the delicaciesof theseason, displayed in the most cation. If he understood the Act properly, there was elegant style ; and the wines and liqueurs were of the an obligation upon the Court to bring up the prisoner choicest flavour. After supper, Sir Jamas SAUNA upon his application, and suffer him to impeach the Ali rose, and proposed the health of Mrs. Prozzr, legality of his commitment. which was drank with enthusiasm, and with three The Curev-JUSTICE.—Do you mean to say, that times three. About two o'clock, dancing commenced; every man who is in prison can demand from the Mrs. Prozzi led off the first dance with Sir J. SALIS• Court a writ of Habeas Corpus, without assigning nuar, and by the grace and elegance of her-manner :efficient cause ? astonished the company ; after which followed qua; Mr. EVANS contended that there was no exception drilies and country dances, alternately. The assens; to the role, except persons charged with high treason bly.slid not quit the festive scene till five o'clock, and, or felony. then departed truly gratified with their entertains The enizi-Jusrics.—Our practice is against this meat, and pleased with the politeness and attention , doctrine. We would gladly hear yen urge . any of their highly . .gifted hostess, who, by her general' grounds which you may have for demanding the writ', affability aid inspiriting cheerfulness, charmed the EVANs.-- , Wben the prisoner comes *p, we whale companT. '.14 :_" " : . . . .• • • • DUBLIN, JAN. 29.—This day a Meofaig MA'AM at MORRISON'S Of " The Friends of Sou* American • Independence," for the, purpo4 of instituting an in-: quiry 'into the various circumstances - connected with the Expedition which sailed from this country for Margaritta, with a view of proceedinx from-thence to the Main, ih order to join the armies-utaig ral BOLIVAR. Mr. O'Cox NELL, in a speech of considerable length and great ability, addrested the Meeting. Ile, • ih the course of his speech, read a letter from Captain Langson, of the Irish Legion ; another from Captain . Parsons, nephew of Lord Rosse, dated I.largaritta, 13th of November, including an Address from the Field Officers of the Irish Legion to Admiral 13rion, highly complimentary to the latter, and signed by William Aylmer, Colonel of the Ist Regiment of Lancers, commanding the Irish Legicin, - by Lieute nant-Colonels Burke and Derenzy, Majors Bourn and Clinton, &c.• These docuracats - went to chew that the authority of General D'Evereux was falpy recognized ; that the Legion was acting as a edipi, with Officers and men, doing duty and- =ready for service ; and that an embargo had been actualty on the port preparatory to their sailing far the Main. After a protracted discussion, in the commence ment of which much angry feeling was evinced to wards General D'Evereur, but which gubsiiied be fore the Meeting broke up, a Comaiittee of Inquiry was appointed. On the night of the 25th last, a party of those de luded persons called Ribbonmen, attacked the village of Dangan, in the county of Galway, the loyal inha bitants of which refused to take those illegal oaths for the administration (4' which those .lawless men are associated. A shard conflict ensued, which termi nated in favour of the villagers over those intruders upon their domestic peace. The number of the as ' sailants is computed at 500 ; that of the villagers did not exceed 1(X). . . The Baronies of Kilconnell and Clonmacowan, in die county of Galway, are proclaimed by a Procla mation of the Lords Justices, dated 26th January. A Correspondent states, that the Executors of the late Lord ELLENDOROUGH have discovered securities among his impels, to the amouat of £BO,OOO more than they had calculated to be the property which . his Lordship died possessed of. Sunday evening last, the shop of Air.. PITILPOT, poulterer, Fleet-market, was brokeit into wt:iie Mr. P. was at Church, and rubbed of gold sovereigns and silver to the amount of . 1:70. What makes this rob bery the more distressing is, that M. l'istimin is a young man just set up in business, :and the. money of which he has been robbed was iutepded to enlarge his trade. . • A most atrocious robbery was perpetrated no Tuesday the sth ult. at Tibbenham, Norfolk:— Six villains, with faces blacked, armed with guns, pistols, and hatchets, broke open 'the house of •Iqr. WILLIAM GOODMAN, farther, • ii.. which were the master, housekeeper, maid-servant, and a b - mti 'they compelled the family to assist in tilling tlit I;ouie of everything valuable ; packed tip money, 014, efofgar; linen, &c. fastened up all the doars•on ihe offside, and then departed,•threatening to retbitt and'enittdee them, if they made an alarm. ,:z; Yesterday, as Sarah Evans, nurvery-Wialci . in the family of Mr. SPENCE, of doel-Srreet, • St.larnes's; was crossing Oxford-street, with one of nerviastees children in her arms, and a boy four years old in her hand, she was knocked down and run over by a gig. 'The boy was also run over the chest, whieh was crushed in, and he was taken to a Surgeon's in a senseless state. The servant and the whet child were Much cut and bruised. The driver of • the gig was stopped, and his residence made knoWn. A fire has entirely destroyed the extensive flour Mills at Minshull, in Cheshire. • 'Last week, the. Ectipery of Mr. Acrox, in Nant wich, was destroyed by fire. BIRTH. Jan. 11, at Be!mond Castle, Cumberland, the Lady of Sir Hew Ross, Lea of a dao:beer. MARRIED, • At Edinburgh, op the 25th ult. the Md. Henry Robert Westenra, M.Y. to Anne Douglas ti ~ daughter of dr.: late Douglas, Duke of Hamilton and Bran#oa, Saturday, Mr. George Greenland, of FlusbUry-place, to Han nah, the daughter of the Rev. W. Tunney, Westmbister.road. Jan. 15, at Bellevue, Parish of Keir, Captain 0. A. Veitcb, of the lion. East India Company's service, to Helen, youngest daughter of the late George floggan, Esq. of Waterside. DIED. At Gosport, on the 17th tilt. Robert Grierson, Ex+ Royal Navy, eldest son of Alex. Grierson, Esq.:younger, of Lag. At Bolton, Lancashire, on the 18th ult. in the 28th year of his age, William Black, Esq. Physician there , second son of the Rev. ames BlaZk, Minister of Peruzingharn; At Edinburgh, on the 18th ult. William Scott, Attorney at Law, &c. Calcutta, aged 32. Saturday, the 2211 ult. Barnett Guest, Esq. chyntitt; of Black. friars-road, aged 77; hissfuneral took placenta the Saturday fol lowing ; and, on the Monday after, his widow, Mrs. Guest, was seized with convulsive fits, and died the same day, after living together 59 years in connubial hippiness. June 21, at Aginore, in the East Indies, Captain Charlet Dunbar, of the 7th Bengal Native Infantry. April 16, at Bangalore, Captain Thomas Prim, *Lille Ms. • jetty's 34th Regiment. • April 21, in General Pritzler's Camp, near GorldocE, Major Richard Trench, of his Majesty's 89th Reginwnt. • • At Glasgow, on the 26th ult. Alia Margaret. Benelerson, daughter and last surviving child of the Rev. Richard Header• son, formerly Minister of Blantyre. At blinto, on the lath ult. Jane, yotulgest daughter of the Hon. Captain Elliot, R. N. On board his - Majesty's ship Sapphire, in the Weit Wits, on the 11th of October last, of a malignant fever, and in'the Ofd year of his age, Edward Cockburn Ross, Esq. Lieutenant, R. N. Jan. at Lanfyllin, Montgomeryshire, Mr. Evart Price, watch, maker,a the advanced age of one hundred and four years and ten months. Until two years previous to his death he folloived his business. His sight to the last was so strong, that he was able to read a Newspaper, or any small print, without the aid of ,spectacles. Lately, at Peterhead, John Anderson, a fele hours after be had completed his hundredth year. He was a staunch Jacobite, fought under the banner of Prince Charity at brirerury, where, he was wounded; and was on his way to jai* lam at Culloden, but was interrupted by a party of the Duke of. Cumberland's men, at the river Spey ; and he frequently hinted that, but for this cfrenmstance, his favourite might have boetanewe f ortunate. He took great pleasure in relating his atlvcaturis, end ImshiginB Jacobite songs. He was not only of a firm, but also of a cheer ful temper; so much so, that he regularly attended a Ball, at least once every year ; at all of which ht danced, even the last, which happened only a few months baste his death. TaiabßßOW: . - • 14 EIIiIII4CII OW . * p•••••••. • 11: fiEied and pufsHibtdlrtaric . !, • " thaw, TerimptAast. k • • i HIGH-MATER at Mom*/ Aftermssa . • .~ t• •;• i ~. r s' . Ca MPS eels I Rein toles Priori mad Ws M five I Ac with is Byo. 'l beau' Ada(' Ti tat of th bar mMn Sartl• . . Obit i rloy q _ , with i ~ oct. - PI ,:••• Loci ,:F. C ; CUPI [ 7 :lles ' Ni Milos N asi N lki 1. • T 4 'Cal U ,~ '. r r-- .- 1 4 521 ”,t o ibe con :anti _ .~ '