Star. — London, England, 1812-01-16 00:00:00

LAW INTELL. ;ENCE. COURT OF KING'S BENCH, JANUARY 14. LESINGHASI V. FRASER AND OTHERS. This was an action for money had and received brought by the Master of Sir John Cass's school at sAldgate, against his Bankcrss, Messrs, the late Hon. Simon Fraser, Sir John Perring, Bart. and Co. to re cover a sum of £B2. 10s. alledged to have been paid them on his account, by the plaintiff, and the appear. ante of which, as a credit to the plaintiff's account in the Banker's books, was attributed by them to a mis take. On the part of the plaintiff was adduced the evidence of two boys, of the ages of 15 and 13, who ,in the year 1810, the time at which the sum in ques tion was alledged to have been pail, were the plain tiff's scholars. Their names were Payne and Linde; and Lord Eu.r.vnonoucat observed, that the manner in which they gave their evidence was so unembar rassed and straight I irward, as of itself to lead to no suspicion that their story was not true. They were perfect us to their recollecti n of the '24th of March having been the day.on which they twice went to the Bankers to pay money for their master. The first time they paid in £37, the payment of which was al lowed by the defendants. The second time they count ed over the sum of £B'2. 10s.in the presence of Mr. Pea cock, a baker, in Bishopsgate-street, who had called to pay their master money. It was Linde's first time of being in a Banker's shop, and lie took notice of the quantity of dollars which one of the clerks was count- ! ing ; and ob'crved to his companion, that the two ! which composed the 10s. they had to pay in v culd make two more. They took with them their mastet's pass-book ; and the clerk, whom Payne afterwascfs singled out from the lest to be a gentleman of the name of Kent, wrote in it, and returned it to the boys. I Mr. Peacock was present when the lads returned, and asked the plaintiff how he could trust them to pay so much money ? The plaintiff replied, that he was in the habit of doing so, and she wed Peacock the entry in the passbook, to convince him that he had not un worthily reposed his confidence in them. Mr. Pea cock confirmed the testimony of the boys, and added, that he paid £76 to the plaintiff on the 24th, the day in question ; but it did not appear whether any of this money formed a part of the £B2. On the con- i trary, some notes indorsed " Peacock," in his brother's hand-writing, were produced by the defendants, as fs,rtrbing Nut of a subsequent payment of £'2B Is. inad4 by the plaintiff to them on the 26th following. Strong in favour of an uctual payment to the deten- r dents by the plamriff as was this evidence, yet Lord ELLexaonotlon observed, that if from documents' in- the defendants' business it could be proved to be impossible to be true, the Jury would be compelled to disregard it, and to find a verdict for the &fen • dents On their part were called Mr. Kent, and all the clerks implicated, who swore they never received the sum in question from the boys, although the tact of their paying the firs , sum of kr was recollected and admitted; and it appear ed by the pass-book whirl: Mr. Peacock swore to have teen seen on the 24th, that the entry was not made till the '26th, on which day it was dated ; and the defendants' clerks swore, that the plaintiff's name had been given to than by their principals, as having overdrawn his account, and was written down by them to be kept in mind. Being tlteisimpresstd upon their memory when a cheque for £B2. 10s. was on th? 26th paid into the account altiattotter customer (Mr. Shenstone), they by mis take attributed it to the plaintiff ; and thus it found its way from their waste-book into the plaintiff's pass book, and their ledger. It was proved how Mr. Shenstone had received and paid the cheque jest mentioned ; and the en-or was not rectified till he found that it had been omitted in his account. The same sum could not have been also paid by the pla;n tiff and purloined by any of the bankers' clerks, with out he had made three •different thefts; one cf the large nritesfrom one drawer, another of the smallnotes from clie ;-a7,;tion of anothcr drawer, and a third of the cash fiens t:•ie other partition: and it was proved, that there was to - error in the defendants' balance on that day. Mr. Tormo, for the plaintiff, rested his case upon the alternative, that if it were not true. the plaintiff had suborned three persrns to perjure themselves, two of them ingenious and well educated boys ; and attributed the defendants' denial of it to a mistake, of which they were not conscious, in the hurry of busi ess upon a Saturday, as the 24th was ; and that, the Saturday before they moved their banking business to another shop on the Monday following. The ATTORNEY GENERAL and Mr. Gaaaow, Were heard for the defendants. The Jury, after retiring for some time, found their verdict fur the defendants. OLD BAILE2'. Yesterday these Sessions commenced before the LORD MAYOR, Baron MACDONALD, Justices LE BLANC and CH/WIW I the RECORDED, &C. &C. G. Sittig, late Cliier Clerk at the Police Office, Queen-square, was indicted for uttering forged re ceipts for money, with intent to defraud his Majesty. Messrs. ABBOT, KNAPP, and GUENEY were em- Ooxed for the prosecution—and Serjeant Brag, and Messri. ALLEY, GLEED, and ADOLPHUS, for the pri. sorer. The prisoner had presented receipts from four se veral persons, purporting to have come from them, One of which was for £36 Bs. the bill for which WAS for £l7 9s. ; another for sel 1 10s. paid to Mr. Downis, for printing, whose demand was £t4. 11s. ; the two others purported to be the band-writing of Mr. Stanton, a stationer, and of Mr. Ryder, for rent, frith considerable additir nal charges. Mr. Baldwin, Receiver General to the Police offices, stated, that be received the Police-office ac nounts quarterly, with a statement from the Chief- Clerk at each, of the fines, fees, &c. received by the office. They furnish him with vouchers regarding the police altogether, with the exception of Magis trates' salaries. He believed the forged receipts in question to be the prisoner's hand-writing. The fees and fines are given in to witness, in part of payment of the establishment, as the same is inadequate to pay tbe;r expences. Witness stated that the prisoner's sa lary had recently been increased to two hundred pounds a year. The forgeries were severally proved, by the trades.. men negativing the hand-writing on the receipts • and •t was already proved, that the receipts were o f the • • d-wri&ios of die primmer. Mr. Scrjeant Ban took an objection in point ofl4w, which was over-ruled. The prisoner, being called oa for his deice, de. livered in a written document, which Mr. Serjeant Best first read, and observed to the prisoner, he had better state what he had to say, keeping the written defence. The prisoner then stated,. that embarras ment prevented him from addressing the Bench, but he declared to Goo and his co , iscience he had no in tention.to commit any kind of fraud, but his accounts were in error, he having been 300 miles iu the coun try on professional bus:nes, • Tim following witnesses were then called to his character: The Marquis of Huntley, who knew him for many years—he had the highest opinion of his honour and integrity, and thought he was the last man in the' world who would do an act of injustice to any man. Mr. Nares, one of the Magistrates of Bow -street, knew the prisoner when he was second deth of the Shadwell Police Office—he always entertained the highest opinion of his honesty. William Fielding, Esq. (evidently much affected) bore testimony, in terms of great warmth, to the ge. neral character and conduct of the prisoner. When he first heard of his delinquency, he at once emula ted it to sone confusion in his accounts, owing to the absence in Scotland for some time, as he h a d not tbe slightest conception he could be guilty of an a c t o f injustice. George Storey, Esq. another Magistrate, deposed to the same effect, as did Mr. Garner, Mr. Carrick, btr. Roope, and Capt. Duff, of the Royal Navy. The CHIEF BARON then having stated to the istrY the nature of the offence, and summed up the 'vi. dence, observed, that the character given of the pri soner had been seldom equalled in any Court of Jas. tice ; but in a case where the proof of the fact was so demonstrative as in this, the only effect such evidence of character could produce was, to excite a regret, that a mar. who had borne such a character could be guilty of such a crime. The Jury then, after a short deliberation, found the prisoner Guilty ; but recommended him strongly to mercy, on account of character. The prisoner was a genteel looking man, abc.a. 35 years of age, and during the whole of the trial ap peared extremely agitated. The next prisoner tried WAS Thomas CoMesa, who stood indicted for forging and uttering certain stamps, purporting to be the legal stamps issued under the authority of his Majesty's Commissioners of the Stamps, with intent to defrjsud i his Majesty. The prisoner, it appeared, was a vender of quack medicines in Oxford road, and some suspicions of his di.honest practices having arisen, two police officers were sent to apprehend him. On their arrival at.his house, however, he was absent from home. The offi cers then declared the object of their visit, and pressed an intention to search the premises, sztlich , they proceeded to do without obtaining any confino 'nation to their suspicions. They then asked for a light, for searching below stairs, and a gill who was in the shop, went to procure one for them, but shortly afterwards returned without one. The officers, on her return, observed that she had taken off her apron, and, surprised at this circumstance, they it • - -dattely went down stairs, and having procum a candle, found in a coal vault a vast nianbern“orLed sumo, tied up in the girl's apron, which- they iMmetiiatly secured. The girl was then examined, and she con fessed the fact of her having been Lmph.yed tb paste th se forgeries on the packages, or bottles of quack medicines, and that she did this wilt the knowhoige of their being spurious, as the priso er had told -lcr so. It further appeared that a large box, containing a considerable quantity of articles on which those stamps had been pasted, were sent to the house of Messrs. Wood and Cunningham, at Bath. Thither the °Seers were dispatched, and the box, with its contents, were brought to roan. Upon examination of the forged stamps, they did not appear to be precise•ly similar to the stamps ut tmd by the Stamp• Office, as in the place where the Crown, on the genuine stamps, was placed, were the words, " Jones of Bristol." This, however, was cut out when used ; and the hole generally covered with a seal or a label. These facts, as well as the facts of the stamps in question being forgeries, having being been clearly substantiated, _ Mr. ALLEY, for the prisoner, made three legal ob jections in his favour. In the first instance, he assert ed that the indictment was wrong in form, as it al ledged the uttering to have taken place in Middlesex, whereas it was nut the case ; next, that it was not a felony under the Act en witich the indictment was framed ; and lastly, that there was no proof of for gery. In support of the first objet ti nt, he contended, that as the package containing the stamps alledged to have been uttered in Middlesex had been conveyed to the waggon by the prisoner's servant, and might have been stopped in Iransitu by the prisoner, the de livery could nut be said to have taken place before the arrival of the waggon at Bath, and consequently out of she county of Middlesex. With respect to the -next objection, he argued that the terms of the Act had not been complied with, as the form of the stamp alledged to be forged had not been described in words. And with reference to the last, observed, that the stamp alledged to be a forgery, was in no respect similar to the stamp, the resemblance of which it purported to bear. After some further remarks on the same ground from Mr. CURWOOD and Mr. Awl-14ms, Sir Statox Le BLANC over-ruled the two latter ob jections, and observed, the prisoner might have the benefit of the other, if there was any thing in it in an other place. The Learned Judge then summed up the evidence with great minuteness, and the prisoner was found— Guilty—Death. Mona: Kite was also capitally convicted of stealing two £2 bank-notes and a al ditto, the property of H,ugh Jones, in his dwelling-house. Seven were convicted of felony, viz.—W. Priest ley, W. Goulding, T. Price, and J. Robinson, for stealing 33 bottles of Port wine, the property of C. Ingoll and H. Mann ; Ann Edwards and Mary Ann Stanwell, for stealing eight shifts, the property of H. Hurle, and several articles, the property of Mary Smith ; and John Jarratt, for stealing five shawls, the , property of Messrs. Lawrence, Jollaads, and Law. react; aud Harriet Dowd= was acquitted. MIDDLESEX SESSIOA, JAW. 11 B. Palmer, a man of colour, was indicted for an assault on W. Scargill, a naval Captain, in August, 1810. The prosecutor resided in Church-lane, ' Lime house, and the prisoner lodged at the back of the prosecutor's premises, the windows of which over looked his garden. About five weeks before the as sault, the defendant's child was flinging stones over the paling which divided the prosecutor's garden from the road, at the child of the prosecutor, who fearing some serious accident might happen, said to her, — . 64 You little black thing, if you don't go away, I'll play the devil with you." Nothing transpired to in duce the prosecutor to,ahink that the defendant bore any malice until about five weeks afterwards, as he was entering his garden by the back way, about nine o'clock in the evening, when the defendant, without any previous remark, struck him, from behind, a vio lent blow on the head with a poker, which he follow ed up by several others equally violent. The prose cutor, a feeble old man, cried out for assistance, and made the best of his way, bleeding profusely, into his garden, where he was met by his housekeeper, who cried out, Who has wounded you, Sir i" The de fendant, mho by this time, had made good his retreat to his own house, and stood in the balcony of one of the windows, replied, 6 , It was I, Benj4min Palmer, the black man ; and if I had had a pist , d I would have blown the b--y b--'s bra;ns out"— A constable hearing the altrm of murder, repaired to the spot, and proceeded to search the defendant's house, to take Mm into custody. The defendant, however, got out of the balcony, and hung with his hands from it, so that he could not be seen in the house ; bnt a waterman passing at the time, seized him by the legs, and brought him to the ground, from whence he was taken before the Magistrates, and ordered to find bail. Before the next Sessions, however, he forfeited his recognisances, by going to the West Indies, from whence be had lately returned. The Jury immediately found the defendant Gu;lty; and the Court sentenced him to one year's imptison ment in the House of Correction, and to find security for two years, himself in £3O, and two sureties in 020 each. J. Mill:, a publican, keeping the sign of the Angel * in Gee-street, Goswell-street, w as convicted of a vio lent assault, with a pint pot, upon Mary, the wife of W. Brant, on the 21st of August last. The Court sentenced him to pay a fine of £2O, with liberty to speak with the prosecutrix. Thomas Jones, a hackney•coachman, was indicted ,for wilfully and maliciously driving his coach aga;nst the carriage of Nicholas Kirwan, Esq. of Brunswick square, on the 28th of October last, in Oxtord-m ids 1 1 and knocking off the box, to the danger of his life, Peter Morant, the driver c f the same. The pross.cutor was sitting on the coach box, wait ing with the carriage, opposite a linen-draper's shop, in Oxford•soad, in which his mistress was purchasing some goods, when the defendant drove his coach with the utmost fury against the carriage, nearly overtur ned it, and in the confusion threw him off the seat under the horses' feet, where he was preserVed from destruction by the assistance of the foot passengers. He did not escape, however, without some severe wounds aid contusions from the horses' heels. The defendant was tound Guilty, and sentenced to 11 days impi:sonment in the House of Correction. CifIVTERBURT SESSIONS, JAN. 14. The General Sessions of the Peace for this city-and county were held yesterday at the Guildhall, when the only prisoner for trial was AndrenoTeesdale, a sol d+;•r of the 91st regiment, charged on two separate inkiictm-nts with assaults on Henry Grey and Jona than Robinson, both of which the Grand Jury found . not True Bills. At the same Sessions an appeal was made by Lieu tenant Colonel Dixon, rf the Royal Artillery, by di. rection of the Bo.trd of Ordnance, against the Poor's Rate made on a house occupied by him and his fa-1 mily, in the parish of St. George, on the ground that it was occupied for his use in the execution of his of-1 fice as Commanding Officer of the Artillery in the Kent District. Au objection was urged on the part of the Guardians of the Poor, as to the informality of the notice of the appeal, on the ground that it did not state a sufficient cause, not with a view to take advantage of its informality, but because in the de tqmination of the question, every part of the pro ceedings should be correct; this notice, however, the Recorder considered as sufficient, stating at the same t:tne, that he was perfectly clear that the appeal could not be maintained, and quoting-the decision of the Court of King's Bench in the case of the King v. 'ferritt, in support of the opinion. The Court ac cordingly confirmed the rate. LATE IffiRILERS iF SIMDIf7ILL. Pot ICS Orndia Saarowtu.—A most illl . • discovery has been made within these tw o 4 1 which completely removes every shadow of d ra t respecting thetlt of the late suicide, Williams. was proved bethe Magiatratbs of 'lladwell-cir ke i that three weeks befog • the Murde• son and his family, Wih.;;lmi hs hat' a long French knife withNsan • • N it knife could never be found tiiants's rr amongst any of the clothe t behind Pear-tree public-house u - Nile [lt find that deadly instr u er .::4 success. On Tuesday, L 1 nln at the Pear-tree public-houie, - ..110 11 , some old clothes, found a blue jacket, wi., diately recognized as part of Williams's aft.. He proceeded to examine it closely, and upeo lss i ing at the inside pocket he found it quite stif coagulated blood, as if a Wood-stained hand Ind thrust into it. He brought it down to Mri. Venal,* who immediately sent tor Hope, and another dry Shadwell Police Officers, to nuke further *smog the house. Every apartment then underwent the** rigid examination, and af, er a search of about ash y and a half, the officers came at last to a an ill 414 the one in which they discovered the objet of pursuit. In one corner of it there was a h earre v a stockings and other clothes, wh;ch being they observed a bit of wood protrudiugfrom a ate* hole in the wall, which they immediately drew clic and at the same instant they discovered the hat* of a clasp knife, apparently dyed with blood, vrhi c h upon being brupght forth proved D be the idenzget French knife seen in Wllliams's possession Weis the murders. The handle ar.d blade of it were messy all over with blood. This important fact comphsai the chain of strong circumstantial evidence adduced against the suicide. The bloody jade, also a new and not less powerful circumstance Sew firm tile guilt, and it is pretty clear, that that p. d ur his appArel must have been stained with the Wised ( ' the unfirtumite Mrs. Williamson, when the sac* was trinsfirring the money with his bloody 1144 le his pocket. • 47TEMPIED MURDER. UNION-HALL--Mr. Sleight, Mr. Cotton, and.* Flower, three students belonging to St.Thomas's pital, who occupy the firbt floor in Mr. Prfur's bounty were examined before G. }bees, Esq. respecting tkeir know h d; e of the transactions of Sunday las.. Mr. Cotton stated, that they were all three sitting in the diniug.room, when they were alarmed by arty of Murder ! proceeding, apparently, from some perry near the door of the apartment in which they welt sit inc. The witness immediately seised the tngs, and Mr. Sleight the poker, and were proceeding total spot Iran whence the cries came, when they wenn. vented by Mr. Flower placing himself against the dcer of the apartment ; and it was with difficulty be was removed from that position by fitce. This delayed them so long, that on•going down into the shop, Mr. Pryor was already there, .• - d :he villains gone—the maid was lying insensible, as Aready stated. Mr. Flower, in excuse for having so blockaded door, said, he had heard so much of the late dreadisl murders, that he was alarmed ; and, when bh head, thy cry of murder so near the doo r of tale rpm 4 le which they were, not knowing how many vilians thee might be in the house, he placed his bank agaiust the door, to defend the entrance. The Magistrate expressed himself in terms of great severity on the want of courage—he would not say want of presence of mind, for that lig seemed to hoc been fully possessed of, but it was all directed tuatuds self-preservaion—displayed by Flower whithi . he observed, had probably been the means of preventmg the detection of the assassins, by afft.rding diem hi leisure fir escape. Mr. Cotton stated fUrther, that on Friday emit% as be and Mr. Sleight were going out, they observed a man lurking about the front of the house. At dB time they tune out, he had his hand very near ;hi shop-door, as if about tti enter, but on perct ivingabna he went back : he appeared to be about SO years ac t age, five feet seven or eight incites high, and had, a darkscoloured corduroy jacket. •This descriptan agrees with that given by Wilkins, of the man dig perceived loitering about the door on Saturday eve. ang.—The servant-maid is considered as oatof dangu. A l) V ICE. WHEN Men'ef Education and prciessioaal stall use persevering endeavours to disown:4r the not tak al certain method of treat!ng a few prevalline Diseases, des maw ful result of their experit ace is the best proof of su y. Messrs. GOSS and Co. /Surgeons, hive be*loose so arm the cure of the following the object ottl.4dr 'talents: study. Oh a certain Disorder, frequently contracted io a moment of hunk cation, and its conuanutants, strictures end Glees. which, If an inaproved pile. axe speedily and effectually cured; maned.. His Royal Highness the Pan ce R ealms . h as been I Nifty, whether arising from B acc h ana l ian i n d u l tam . % long rih gr.tiously pleased, in the name and on behalf of his deuce in warm climates, or a secret solitary vice, too Amer" happily ill:retied by the youth ef tooth sexes, is the me cal: MAJESTY, to grant unto PENDOCK NuALit, of Toiler ton Hall, in the County of Nottingham, his Majesty's , runetliseor barr soZi n ch ess' if and not in thel other a names" tra* : Royal Licence and Authority to take and use the scar- potence and Consumption. In dale distressing iltiwo akalliairg i name of BARRY of Tollerton only.—London Gassier, deficiency, whether the ronscliopros of mob bomb' r ilarmaty I+,- 1812. - t arising trim any other cause, by widels the ramie althea.* tenon become enfeebled, as regularly edema' SAP" Friday last, which involved the M e t ropo li s i n a l most . 4 11 / I .i From the extreme density of th e atmosp h ere on . don, th i e l y he nfr al e th r . 11 arm, safe, and speedy is In: y i p total darkness, many fortunate mistakes arose in the • The result of a lone and ostenevo prude* has mall= course of the day e —from the Cle r k s , i n t h e L ottery .b y a superior method, to remove venereal complaints, 'Offices, delivering Quarters and Eighths, instead of i t i he ivet k er a at n e or !ompi i i n car t r i , without subjecting _ the paha 411 Sixteenths in the present State Lottery , of 2 Prizes of w h ere an early appilictionetis omr ex ade am erci: sev att e t ry i i t the inieresse £20,000, &C. &c. &c. all of which will begin Draw-' they frequently.perfonn si cure' in the abort woo of two 60 ing at Nine o'Cleek on Tuesday Morning,and fi nish in The unprecedenusd success of Web' mode al trauma 0 6116 12 hours. , baa never been known to fail In one single instance Is a es" A Gentleman, near Mary-la-bonne New-road, ap _ a of " 15 xe y s ears, have during c w u hleh period many nssersd ra m plied on Tuesday evening at t h e Police Of fi ce, Marl- , methods had b e e n pursued by other Prectidemmewldso d ist borough-street, for assistance to recover a daughter, Whim them to thus.publicly afar their Myles. _, • 16 years of age, who h a d a b sente d h ersel f from home Messrs GOSS and Co. exclusively ereferkg the an 1111 .: la n n it i i e t u a lar eefewi, during the absence of the father and mother on 'rues nrrbed - :. compla int s, t i hr o ° o rs t i :lo r qu kat y eotbejusytnlyuayincit be de day, accompanied by the servant-maid, with her ap- rant empiric, t hink it hut justice to themselves to state „ . 11610 parel. The parents applied to their niece, an appren- . have been properly educated and initiated Is ever/ em l m l me, in Sackville-street. The niece was brought to the profession (certificates of which, front deacon 6n.r. testimonials from the most =beat Plialaiallai the, tu from tve_l2 the Office, with another fenaile from the house, when In i zt u urer) ;b that to the quit serPess mobil cite : deo : r at ry a they confessed that the young lady had gone a pas- : you 'la ce rs a fi n r y st senger in the Liverpool stage, with the servant-maid, Utioner and they presume that their prosaism solsoul" .111 that evening for Liverpool, to proceed from thence to II ground for the unprecedented confidence with whidi di* lig* Ireland. 'l'he father took a postchaise, with Warren, Iby the public, been soil t rally hostotowd. the Officer, and overtook the passengers at Sloiith, 1 i t ;:tierts in the aa co d un:.y n ar er e c ip li z i s t t c vagoi am i where he f o und his daughter and the servant, w o,: to, advic dr e al=gi c h a a an d th e game w gi b e firsowhiloolili A to wan the polka" with her female agents, bad been accessary to the Part of the kairdima. - 4 0 6. 1 alad 01 ' 8018.1 . 4 .114 SM." young lady's absence. The daughter impluied her sasse i fieg"trigat * father's forgiven e s s , w h o conducted her back. Th ere LONDON : PAD - 71 — W iti= was sio criminality attached to the younz lady. i 'published these , nod Y is. Italy; lieltdrAins. a. *aPOW, Take le-ka. 7 :0 *ll 11