Star. — London, England, 1820-03-31 00:00:00

LENT ASSIZES. YORK. Mr. William Radclee, Rouge Croix Pursuivant of Arms, was tried at York Assizes, upon an indict ment charging him with having, in the year 1801, forged, in the Parish register ofßavenfield, in that county, an entry, purporting to be of the marriage of Ed kvard liadclyffe and Rosamunde Swyfte, 21 - th February, 16.10; and with having set forth such false entry in a pedigree presented by him to the Herald's College, whereby he had pretended to sliAr his own descent from the ancient family of Radclyfre, for merly Earl, of Der, wentwater, with a view to impose upon the College, as well as upon the Governors of Greenwich Hospital, in whom the forfeited estates of that Noble Family are veiled. The register was woduced, and it appeared that the Rev. Thomas Radfoid. the Curate of the Parish at the time of the interplatiop., a:id since de eased, had, in February, 1302, atteste,i the entry to be a forgery. The persons who had had the custody of the register proved the time and place of the forgery ; and Norroy, King of Arms and Register .of the Herald's College, and York. Richmond, Somerset, and Windsor Heralds, and Portcullis Pursuivant were examined, and proved the hand-writing tc be that of the defendant, and the circumstances attending the discovery. Mr. Locker, Secretary to Greenwich Hospital, produced two me morials, addressed by the defendant, in 1810 and 1816, to the Governors, for a beneficial lease of a considerable estate, anciently belonging to the Noble Family in question. There were also produced from Christ's Hospital, a memorial and pedigree, presented by the- defendant in 1809, wheieby he had suc ceeded in obtaining admission for his younger brother upon 4kfoundation of that-Charity, as being of kin to the foTtader, King Edward VI. and in which pe-. digtee the said marriage. so forged, was asserted, and the descent of the defendant drawn from it. • • SCARLETT opened the case in a luminous. speech, in which he pointed out the enormity of the offence, and a variety of other fabrications in the de fendant's pedigree, which, he stated, he was prepared to prove by several witnesses then in Court. The Learned Counsel farther observed upon the import ance of the case. not only as it affected the character of the members of the Herald's College, but the ge neral interests of the Public ; that it had not been brought forward to answer any vindictive purpose, but to protect an honourable body from the stigma which n:ight attach to it from the improper conduct of one ct its members, ar,d to slim that the valuable records entrusted to their care would not be neglect. ed by thwie appointed to preserve them. Mr. tierjeant Iluccecn made an able speech for the defendant - , but called no evidence fcr the defence. Mr..l.taiLe Panic summzd up in a comprehensive Charge to the Jur y, in which he stated the law as applicable to the case, and that if the forgery had been committed in a Parish register of a date sequent to the Marriage Act in 1753, it would have constituted a capital offence; but .that, in the case befere the Court, it was only a m - iidemetu.our at common law. The Jury retired for al out a quarter of an hour, and returned %.ith a verdict of—Guilty. Mr. Justice PARE then sentenced the prisoner to pay a fine vf LIU, and to be imprisoned iu York Castle for the term of three months. • DEVONSIIMIL-EXP.TER. FARTHING v. SONE. This was a case in which 64 doctors'cliffered" in opinion, to the eight weeks excruciating agony of their patient, the plaintiff. It was an action brought by M r. - Farthing, a working, and in part .a master carpenter, living at Plymouth-Dock, to recover a compensation in damages from the defendant, a sur geon in considerable practice in .that place, for his mismanagement of a dislocation of the hip-bone, and a dislocation of the aucle-bone, in • consequence of, which the pl :intiff had suffered the greatest bodily anguish, and had been rendered a cripple for lire.— It appeared that the plaintiff was on the scaffold of a house which was building, and for want of the proper tics, the front wall suddenly fell outwards, and buried the uafortunate man in the ruins. He was taken up in a most dreadful state, and carried horrie scarcely alive. The defendant, who had Leen in the habit of attending the family, was sent f o r, an: he, finding that it was a case of a very complicated nature, called in Mr. Penkevil, a brother surgeon. 'they both examined the patient ; using, as Mr. Pen heril stated, the various tests to discover whether any dislocation had taken place; and, being. satisfied that there was not, treated the swellings in the first instance as a common contusion, and not finding the application successful, they treated them as arising f:orri scrofula. The patient lingered on in this way for about eight weeks ; at the expiration of which reriod the attending surgeons at last discovered that ei,rocation had actually taken place, but they attri buted it to scrofula, and therefore held it to be in curable. In this hopeless state, the wife having from the first been convinced that there had been disloca tion (she having been a sufferer in the same way, as well as her father), sent for Mr. Tripe, also a sur -ott at Plimouth-Dock. • Mr. Tripe, with the usual feeling of_ professional delicacy, declined to interfere without first consulting thv defendant : he therefore called upon him, and was told that there had never been any original dislocation,. and that the disloca tion which had bcen so lately discovered, was the effect of scrofula. Mr. Tripe then pioposed to exa m ine the patient with a certain number of profes sional friends on each side. This offer was declined, tir.. Bone declaring that he was so satisfied with the correctness of his opinion, that nothing was likely to change it. Mr. Tripe then, accompanied by Dr. Magrath and Mr. Isbell, examined the patient, and feeling satisfied that there Rad been an original disloca detet mined to attempt the reduction, being first convinced that the patient had not the least symptom orsciofula. Previously, however, to the operation, Mr. Tripe thought proper to communicate his inten tions to Mr. Bone, who still persisted in his notions of scrofula, adding, that be should feel it his duty to warn, the family of the extreme danger. to be ap. pretended from the operation. He did so, but was cot successful in shaking the faith of the plaintiff, and theoperation was performed, the plaintiff hay ing betn kept in a state of continued extension (lite rally the torture of the rack) for about twenty minutes, when die bone slipped into the socket, the plaintiff , !exclaiming that he was now relieved from the dread. l ful anguish that he had suffered so long. The hip, in the usual course of time, recovered; but the ancle bone had assumed such a state of rigidity, that it was imposiible for anything to be done; the loss of that • limb was therefore decided. . On the part of the plaintiff, witnesses were called to spew, that, previous to the accident, the plaintiff was a perfect formed man, but that now his foot was completely deformed, and he was not likely to do any work again. The nurse who attended him swore, that the leg had every appearance of disloca tion, and said that the plaintiff's right leg had so turned round, that she was obliged to put a pad upon the foot, to prevent the toe-nail from cutting the other leg, and that this was under the constant view of the defendant, who expressed his wonder at the reason why one leg was shorter than the other. Mr. Tripe, Dr. Magrath, and Mr. Isbell,. were also called ; and they all concurred in opinion, that the, dislocations were the result of violence, and must, • therefore, have existed at the time the plaintiff was first placed under the care of the defendant. On the part of the defendant, Mr. Penkevil was called, who deposed to his making use of all the usual tests, and expressed his conviction that there 'had been no original dislocation, and that the course of treatment adopted by the defendant was perfectly proper. He, however, could not account for the subseqUent dislocation ; it was certainly one of those phenomena in nature for which no cause could be assigned. It was certainly not the result of scrofula, because, if it had, the reduction never could have taken place. This account was confirmed by the apprentice of the defendant, who was also his nephew, a very young man, with a very great knowledge of sarrical terms. b About a dozen of the most respectable medical Gentlemen were then examined, 'who all stated, that, supposing the tests mentioned by Mr. Penkevil had been resorted to, there could not have been an ori ginal dislocation, although they admitted that the cure turned that it was not the result of scrofula. Mr. A. Moenr., in his reply, cornraented in rather severe terms upon the evidence of Mr. Penkevil, whose professional character was as much at stake as that of the defendant ; and as to the nephew, in dependent of relationship, his knowledge was too much beyond his years to have any weight. Indeed, two more interested witnesses. could not have been brought forward to support a case.- The plaintiff ha4l sustained the most serious injury through the gross mismanagement of the defendants, and was therefore entitled to have an adequate compensation, as well for the consequences as for the torture he had unnecessarily endured. Mr. Baron WOOD, in summing up, declared that every man who engaged in a profession was bound to possess a competent skill, and.was answerable for any ill consequences arising from want of skill ; but that nb man-was to be called upon to answer for an error is judgment, for, were that the case, no man would be found to engage in a profession so useful, anclindeed so essential to society. The Jttry, after a short consultation, returned a verdict fur the defendant. The trial lasted zinc hours, and it will have been fortunate for the towns of Plymouth and Plymouth- Pock if no accidenfor illness took place, since hardly noctlical man was left in ei.her place. LAKCASTER, MARCH ss. The Court has been almost exclusively occupied in 'trying the Bank Prosecutions, which are this moment concluded, by the Judge (Mr. Justice PAna) passing sentence on the delinquents capitally convicted, the names of r•hom are— Samuel Miylor, James Thorpe, John Thompson, William Smith, Thomas iinzerty, NanCy Brown, Jane Eliza beth ?oat',ln Todd, Philip Rogers, Peter IPCorsr—lck. To the first eight, the .Itmos, in his address, held out hopes of mercy, but told the three last that they must expect no mitigation, and that the law, as to the , h, would certainly take its course. • The wives of Todd and Rogers surplicated most earnestly fur mercy to be extended to their husbands, but the JUDGE s.tid it was impossible he could listen to their application. The following are those sentenced to fourteen years' transportation • • • James Kearney, Richarl Kenyon, John Wrigley, Peter Ormrod, Joan Street, Ila!ph Dleadowcrott, Wentw,:rth lard, Joi Waltriicy, Elizabeth E ,, are.:, John German, William Jones, Eiiza::th Duucan, John Hill, Thomas Callan?, David Collins, 'Alar3a,•et Roger', l'cter Donn, Thor.las Morris, 'Wil liam CamFbea, Francis The political cases which are for trial here arc some indictments against men for manufacturing and the ca,e against Knight, Dewhurst, l3roadnurst, and five others, for a conspiracy and riot (the question involving the legality of the Meet ing at Curnley, on the 15th of November), and several indictments against Mr. Wroe, the proprietor of the Manchester Observer, for libels on the Magis trates, Yeomen, and King's Ministers, in . commenung cn the conduct pursued at the Manchester Meeting. 'there is alto an 'information to be tried against one 'Taylor, for distributing the letter of Earnshaw to the Oldham Jury. Dunn, convicted of murder, was executed yester day morning, at the Castle. Ile met death with firmness and fortitude. His body was dissected. MARRY, MARCU so. The Assizes for this County finished this morning at eleven o'clock. The following capital convicts received sentence of death, viz. Henry Payne and James Woolwich, for sheep-stealing ; Wil liam Taylor, Antoine Baptiste, James Frome, John Joseph Greenfield, and William Cain, for burglary ; John Moore, John Ashton, William Diznitt, Thomas hi‘Daniel, and James James, for stealing in a dwelling-house ; Chas. Drewctt, Jane Moirickers, Daniel Cock, James Barton, aad Edward James Maddox, for highway robbery ; John Recce, for pri vately stealing in a shop ; William Wursfield, Samuel Gatward, John Warren, and Sarah Williams, for uttering forged Bank of England notes. CHARGE OF MURDER. Jane Palmer, an interestinglooking girl, aged 18, vats indicted, on the Coroners Inquisition o for the wilful murder of William Gregory, on the 25th of August last. The Grand Jury had thrown out a bill for murder, but returned one for manslaughter. It appeared in evidence, that the deceased was an elderly man, and hawked pies about the street in the Borough. On the day mentioned in the indictment, the prisoner, who was beastly drunk, met the de ceased in Dover-street, Blackfriar'sbroadi about oue, o'clock, and asked him for a pie. He gave Ira' one, which she ate, and sbe desired- him to let her have , another ; and after eating that, she demanded a third, which he refused to give her, siting; " Ptay me what you owe me first.' She had some half pence in her hand, which she offered him. He said, " No, you owe me sixpence; pay me that?' She still demanded the pie, but he still.refused ; upon which she swore at him and abused him. She then hit him with her fist, on the temple, two or three blows, and, putting her arm round his neck, hit him again as hard as she could on the head and breast. The deceased called out for help to the by-standers, not being able to assist himself, his pie-pan being strapped round his neck. Some of the spectatcrs took the deceased from her: she tiled to get at him again, and repeated her abuse; she said she would pay him off. .The deceased put his hand to his breast, and said he was a dead man. He walked away, leaning by the wall. In ten minutes after wards he was seen sitting down in a breathless state; he attempted to walk away again, and after going about six yards he said, " I can walk no further."— He was then taken home to his lodgings in a cart, and in five minutes afterwards he died. There ap peared to have been no malice on the part of the pri soner, and the deceased had known her before. On the cross-examination of the witnesses, it war . proved that the deceased had kicked the prisoner during the scuffle. Mr. James Cooke, a surgeon, said, he had exa mined the body of the deceased. There was a con tusion over the left eye, occasioned from a blow or' fall. On opening the head, he found some extrava sated blood on the brain ; the skull was not injured, but what he observed on the brain was sufficient to 'produce death. The chest and zhdomen were un hurt. The deceased appeared to have been in bad health, and of a weak habit of body. Apoplexy might have produced an extravasatioa of blood on the brain. Passion or exertion might have produced apoplexy, but, probably, in this case, it was occa sioned by a blow or fall. The -prisoner in. her defence, stated that the de ceased had kicked . her before she struck him, and she calleda witness to prove that he had kicked. her (In her side, and that she had not struck him until then. Mr. Caron GA RRONV charged the Jury to consider, first, whether the death of the deceased was occa sioned by the act of the prisoner, because, if not, she was entitled to be acquitted altogethez ; and, next, whether, if it was so occasioned, there appeat:.d to have been in the prisoner any malice, direct or im plied, because if there was no malice, she mast be acquitted of the charge of mu: der, though she might be convicted of mansiauiJiter. . The Jury, almost instantly, found the prisoner Guilty of Manslaughter only, and she was sentenced to five months imprisonment. MACHIN°. James Steadman, William Chapman, and Ames Chapman, were indicted under the 57th Geo. 111. fn. heibg found, in the night time of the 31st of January, in the parish of Ripley, armed with guns and a blud geon, with intent, illegally, to destroy and kill game. It appeared from the evidence of W. Shrimpton, gamekeeper to Lord Cranky, that between two and thrr o'clock, on the morning of the 31st of January, he and two other gamekeepers were on the look-out for poachers, in the parish of Ripley, and, hearing several shots fired, he and his companions went to the spot whence the firing proceeded, and in their way they met the three defendants coming out of a wood, each armed with a f.:wling-piece, and one of them carrying also a bludgeon. They were desired to surrender and submit to be searched. A scuffle ensued, and James Chapman said, " that soonerthan he should be taken he would die on the field." They were all, however, overpowered and secured, and in each of their pockets was found a pheasant, just killed. The case was clearly made out in evidence. The Learned Counsel for the defendants submitted two objections to the form of the indictment, which, however, were overruled, and the Jury, under the Learned Judge's directions, found all the prisoners— 'Guilty.—James Chapman was sentenced to twelve manilas imprisonment . , and the other prisoners to nine months each. KEENE V. WHITEWICK. • This was an action against the defendant, a Ma gistrate of this county, to recover a compensation in damages fa? maliciously, and without any reasona ble or probable cause, presenting a certain bank . erected by the plaintiff, near the King's highway, leading from Chertsey, as a nuisance. The case, on the part of the plaintiff, was in sub stance this :--The plaintiff was a tanner by trade, and occupied an estate on one side of the road op posite to that of the defendant. In consequence of great inconvenience experienced by the overflowing of a ditch by the road-side next to the plaintiff's pre mises, which continually flood.) the road, and thereby constantly kept it out of repair, the plaintiff' 'erected a bank for the purpose• of keeping the water in its natural channel, so as to guard against such 'inconvenience, without obstructing or narrowing the highway. M the Michaelmas Quarter Sessions, 1818, the de fendant presented the bank as a nuisance; and the presentment having been removed by certiorari into the King's Bench, rt . came on to be tried at the last Spring Assizes; but the defendant not being pre pared with evidence to support the prosecution, the plaintiff was acquitted, who, in consequence of the proceeding, had incurred expenses to the amount of f.:1150 and upwards. It was suggested that the defendant was influenced by motives of malice, for the purpose of hanosing the plaintiff, and that his object was to remove the alleged nuisance ; for the better-enabling,him to en close a part of tl.e road, so as to increase and im prove his own lawn. • The defence set up was, that the bank in question was, in fact, a nuisance, and an obstruction to the road, and that therefore the defendant had reason able and probable cause for the presentment. Several witnesses were examined 19 sustain the de fence, and, among others, three County Magistrates, who deposed that the bank was a nuisance. The case, which occupied nearly the whole of Wednesday, went to the Jtiry, under . the Learned Judge's directions, who left it to them to say, upon the facts proved, whether the defendant had reasona ble and probable cause for the presentment ? The Jurf, of which six were talesmen, after a ♦ short delibaratiOa, foga Alleirsertfact far the plairi tiffLtamites GARPIENTER V; BURTON. This was an action for slanderous words' spoken of the plaintiff, a young woman aged 26, imputing ter acts of incontinence with him, whereby she Jolt a matrimonial connection with a young man. The damages were laid at ENO. The case proved on the part of the plaintiff, war; in substance this t—The plaintiff was the daughter of a respectable shopkeeper at Hampton, and the defendant a shoemaker in the same village, a a idower of 66, and represented to he remarkably ugly. H a had paid his addres s es to 'the plaintiff, but was aot received with favour and discovering that a younger man, named Davis, was coarting the plaintiff with more probability of success, he was heard to ratty "0! I see Tom Davis is the favourite; but take good care she shan't hive him or aa•bodv else;" and accordingy he boasted that she had bestowed upor: him favours with the .greatest liberality. To alt. : Davis, with whom she Kass under an cn.Tageraeat of marriage, he represented her as little better than a prostitute, and described the supposed taasiliatitias to which he had been a twitted, with a degree of brutal particularity scarcely credible. The was described as a young woman of chaste and vir tuous habits from her infancy, and Air. Davis swo:e that he had broken off the match in consequence of the slanderous report of the defendant. Mr. MARRYATT addressed the Jury on behalf cf the defendant, stating, that unless they believed !hat the plaintiff had lot her marriage in consequence of the word: spoken by the defendant, she would 'not be entitled to :my damages • and, in all probability. he only waited the verdict of the Jury to establish him. self as a master baker, and carry home the plaintiff as a partner through life. The CHIEF BARON, in summing up, said he coul I hardly imagine conduct more unmanly and brutal than that of the defendant, who, if he had received favours, ought to have been the - last man in the world to publish them. The Jury, after a short deliberation, found • their verdict for the plaintiff.—Damaaas V2OO. At Shrewsbury Assizes, Thgers, for a bur-- glary, was left for execution. Feaenteen others were capiLaily convicted, but were all reprieved ; two were ordered to be transported for seven years. The causes at Nisi Prins were very unproductive to the Cieatle, men at the Bar. Saturday, as Mr. LErgE, of Chester-street, Grosve. nor-place, was passing through Henrietta-.treet,Cor ‘i.:nt-gat den, he was robbed near Messrs. %Vetoiria, the barkers, of his pocket-book, centaining a P2OO and forty El Bank-notes. He was not in the election crowd, but c:-as passing through the street, and ,was not sensible of being robbed a: the time afterwards, on his discovering die loss of his pocket-book, he re collected that a man had pres.ed against him when he was near Mes rs. Wntonfs, the bankers. Ile, knowing the number and dare of the ElOO r.ote, gave information at the Bat.k of England. On Tuesday the note was paid into the Bank, and information was sent to Mr. LEEKE with all speed, when, upon hi-. quirt', it turned out that the note had been paid into the Bank by a silversmith and jeweller, in Cornhill, who said he received it on Saturday afternoon of a man for the sale of come foreign gold coin, and • the time proved to be about an luau after the robbery. Bow-seitern—Yesterday, If Butt unde: went an examination, charged with uttering fbrged Bank of England notes to a very great extent. He had been a master butcher, near Fitzroy.. square, which place he left some time since. The charges against him yesterday were for uttering six one-pound Bank notes. Two of them were uttered to Mr. Dove, a butcher in Great Wild -street, Lincoln's-inn-fields, on the 22d of January last, at two different times, in the purchase of meat, at a whole. sale rate, he being known to Mr. Dove as a butcher, and he pretending he wanted it for customers, and paid two one-pound Bank-notes. On Saturday sennight, he passed through Fleet market, dressed as a butcher, without a hat, with a tray under his arm, and purchased at the shop of Mr. Celins, a loin, and fore-rib of beef, to the amount of £1 lea. 7d. in payment, giving his reference as journeyman to Mr. Cross. a hint:her, of Clare market. The same afternoon, and under similar citrumstencee, he purchased at Mr. Steptoe's shop, in Fleet-market, meat to the amount of £ Is. Id. and gave his reference to Mr. (-c*, Clary. market. An the notes proved to be forged, and Mr. Crewe only knew the prisoner by sight. He was committed for further examination. Flag.—Tuesday morning, et about half-past three o'clock, the• house occupied by Mr. Marshall, baker, adjoining to Little-stile, in the Cathedral-yard, /teeter, was discovered to be on the. It originated in the lower part of the house, and burnt with such fury as to excite serious apprehension for the safety of the whets of that part of the Cathedral-yard and the upper part of South. street. The engines belonging to the Chamber, the nre Offices, and the Barracks, were very promptly brought out; but, water being very scarce, the fire increased with great rapidity ; and the column of smoke and flame which rose over the city, presented a most grand and awful appearance. A supply of water being obtained from the pumps of the houses in the neighbourhood, the engines began to play with effect, and the fire was got under abut six o'clock ; at which time scarcely any part of Mr. Mar shall's house remained. The fire had spread so far in the lower part of this house, before the inmates were alarmed, that they escaped with great difficulty, and some of them were seriously hurt. Mr. Marshall had his hands and feet so much cut b# breaking out a window through which to escape, that he was obliged to be carried to the HospitaL The wife of Mr. Bow. ring, a :lazier, who lodged in the house, had a particularly narrow escape; she Ores, herself and child out at a window, to some persons who caught them below. Mr. Bowring lost, we are told, nearly £5O in notes. Mr. Bonnets, who leads the Bard at theTheatre, was very seriously bruised. There are six or see.* houses snore or less damaged; two in the Church-yard wholly burnt down, and the others is South-street, where the names raged so furiously at one time, as to set fi re to a house on the or polite side of the street. Som e wretches were detected in steal. ing cheese from the shop of Mr. Channing, whose house was partly burnt. The Globe and Ring Joha Taverns narrowly escaped. Great praise is due to the inhabitants and the milit4re for their exertions on this occasion. Nvisi TO 1 1 131 hon seventh To t 1 at the 3 !,) 30 11 vatit - so , tention of cond and obt: Akin. T3iiitif. March 26, at Hatch Beauchamp, Somerset, the Lady of Co lonel William Rabin, of a eon. MARRIED. William Mayne, Esq. of Freamemount, county of Menasha * to Frances, daughter of the Rev. William Annaley, Rector of Ematris, in said county. Monday, at Exeter, Major Thomas Wren, Madras Army, to Delitia Montagu, youngest daughter of Vice-Admiral Barton. DIED. March 13, at Maxwellton, Miss Ann Maxwell, of Carruchan. Saturday, at Cadenza Terrace, in the Sith year of her art Mrs. Moore, widow of Dr. Moore. _ _ Feb. in, at the manse of Turril4 Mrs. Stuart, wife of the Rev. William Stuart, Minister of that parish. Tuesday, at North-end, Hampstead, aged twelve years, Thos. Fowell Buxton, eldest son of T. F. Burton, N s + )LP. Tuesday, at Kingston, Surrey, in the 70th year of hie mop Lieutenant-General Gabriel Johnston, of the Hon. Bast Indio Company's Service. HIGH-WATER at LONDON BRIDGE TO-110EROW. Mcrning • - ' 59 minutes altos' Afternwsn - - 47 3 L ON I d and publisho by Lulu., l'lacc, Temple-Bar The s ai if ii ou the on 1 .1 f• IThei in J • M a a 1 s• t , a e. a 1 1 I • fiery, a th ilTh i pawn tad n to than This ?Donsil .farou : Pact° tag_ t Whoi 'Num ?trio at nn • tuy by .7Z.Z131 002; PiCCi ,04a 1 . 1! 7 / 'oot T' a chasers tied to ar20,00 the ab: :a his where I;ty ani MI prig 1 .~.~ lAA Offices every 1 C A tl BEFC