Star. — London, England, 1810-08-04 00:00:00

LAW lIVTELL7GENCE. COURT OF KING'S BENCH, AUGUST s. CRIM. CON WILLSIIEN. Mr. Gaanow stated that this action was brought for damages, to compensate the Plaintiff for the se duction of his wife The circumstances were short wad plain. The Plaintiff was a carver and gilder in Long-acre ; he had been a widower previously to his marriage with his present wife, and had children. In about a year and a half after the death of his wife he married the person whose misconduct had now de-, prived him of the comforts and advantages of the married life. The Jury would perhaps be told that the loss of those comforts was not a fit object for large compensation at their hands. The Plaintiff was in a humble station of life, and it might be sup posed that the injury done by the seduction of a poor man's wife was not worthy of large compensa tion ; but more mature reflection would convince the Jury that, to a man in the Plaintiff's circumstances, the injury was of the greatest magnitude. In the higher ranks the loss of matrimonial comforts was but the loss of one among a multitude of those enjoy ments which their rank put within their possession ; it was scarcely more than an injury to feeling, and the hurt of mind was almost the only thing that called for compensation—it was not ruin to their happiness ; it was not confusion to their domestic arrangements ; ' it was not the subtraction of those affections, which not merely formed almost the only solace of a poor man's estate, but largely assisted in the mutual la bours for mutual prevision. The Defendant was a gold-beater, and a man of great opulence in his bu siness. He saw the Plaintiff's wife, who was then a modest and repectable woman. He waited on the plaintiff, and offered to supply him with the gold-leaf which was necessary for his trade. The Plaintiff was glad to deal with a man who cou!d serve him so ad vantageously. The Defendant called frequently at the shop, and when he found the Plaintiff there spoke of business ; but the Plaintiff was more frequently at the top of the house, working at his trade. Mr. Will sign then took his opportunity of ingraciating himself with his wife; he succeeded in his object, and made assignations, sometimes without and sometimes within the house. The favourite retreat was the back par. lour, which had a door into she shop, and to the stairs. Those doors were glazed and curtained ; the curtains were let down during Mr. W.'s visit, and -what passed there was only to be conjectured. At length the servant girl, who had lately come from the country, suspected some of the occurrences.— ** This," said Mr. Garrow, 46 arose, as I conceive, merely from the sense of the impropriety which ser vant girls are always supposed to have." The side of the green curtain was one day casually drawn away while the parties were in the parlour, and the facts discovered thereby, which were the ground of the present action. Mary Atherton, the Plaintiff's sister, was called to prove the marriage of the Plaintiff to his present wife, and the apparent happiness in which they hived toge ther. Jane Duff deposed, that she had been acquainted .with Mr. and Mrs. A. and very intimate with them. It always appeared to her, that they lived very hap pily together. Mrs. Moir deposed to the same effect ; and added, that she always had, till now, believed )Airs. Atherton to be a very decent, good woman. A host of witnesses were brought forward to speak as to the happy manner in which the plaintiff and his wife were wont to live heretofore. _ Among others, appeared the landlord of the house in which the plaintiff resided, who, with other circum stances, stated, that he one day met the defendant, while the plaintiff was in prison for debt, he having been somewhat unfortunate, who said to witness, after some conversation about the imprisonment, " Ather ton is in my debt ;" '6 And, added witness, " his wife (plaintiff's wife) owes me for ren'." "If that be the case, (said the defendant) why don't you take it out ?" thereby significantly hinting at the plaintiff's wife. Hannah Gibbons depcsed, that she was servant to the Plaintiff soon after his marriage in 1807. The Defendant, she said, came to the shop soon after that period, erst under the pretence of business, but after wards came very often to see her mistress, in the absence of Mr. Atherton, her master. He almost always contrived to come when her mistress was sit ting in a little parlour, which overlooks the shop, and when the master was either cut or up stairs attending to his business, and he used to go into the parlour to her. When they were so together the door used to be shut and locked, and the curtains to the glass-door leading into the shop, were invariably drawn, whoa they wire so together, owing to which precaution witness could never see what was passing, when the parties were so tete-a-tete. She remembered once at tempting to go into the parlour when the defendant and the plaintiff's wife were there, with the curtains drawn as usual, but found the door locked. She likewise remembered that the defendant once knocked at the street door, and then ran over to the opposite side of the way, where her mistress saw him, who af terwards having dressed herself, went to him, and walked away with him. . The witness never saw any thing criminal between the defendant and the plain tiff's wife; she only saw those strongly suspicious cir cumstances that she had related. Sarah Smith deposed, that she had not long been from the country, and had lived with the plaintiff as servant since last Lady Day. She had often noticed' the defendant coming to the shop, invariably inquir ing for her mistress, whom when he saw, they went into the little parlour at the back of the shop, taking the precaution of locking the door and drawing the curtains. She remembered the defendant once corn ing to see her mistress, who was in the parlour, while witness was washing the yard. Her mistress imme diately came to her, and told her to take the pail and water and go and scour some other part of the house, and she immediately obeyed her orders. Witneas then went to scour the passage, and when there, she observed the defendant looking very hard at her through the glass door leading from the parlour. He shortly afterwards drew the curtains, but did not draw them so as to prevent the witness from being able to look into the parlour, for a small space of the , was left uncovered, so opportunity, which she em. parlour without being oh into the parlour ? sho saw the defendant and plaintiffs wife on the sofa, in a si. ' tuation which could only be properly allowed to a 1 husband. She looked for some time, and saw that i take place wfiich she conceived to be criminal. The ATTORNEY GENERAL, after asking a few ques tions of the witness, tending to draw her into an ac knowledgment that she had rather imagined than seen the circumstances, addressed the Jury in mitigation. No epic poem was ever more precisely constructed according to the rules of Aristotle, than the episode of this action of Crim. Con. The friends of the hus band had been paraded in due form, _to make ha rangues on the happiness of the married couple.— Then came the prating landlord to whine about Atherton's distresses; and then came the girls, whose delicacy was brought forward with the full discovery. It was not denied that the defendant was guilty, but the Jury, in punishing a crime which no honest man would mean to defend, should be cautious of making the punishment a premium. A verdict must go for the plaintiff, but the Jury would feel that the loss of such a woman, as the plaintiff's wife, was scarcely to be considered as an injury. In a month after her marriage, she admitted the attentions of Mr. Will shen, and her whole conduct was that of a woman whose virtue was as dubious as her affections were without value. Lord ELLEMBOROUGH —The action complains of loss of comforts in society ; but this woman was only waiting for seduction. She invited its she went out on a signal from a man in the open street, who called at her house as if it had be a common brothel.— The expressions which Willshen used to the landlord shelved the idea which her glaring conduct made on him, and would have made any one form of her. The damages ought to be moderate. Adultery w:l3 a most pernicious crime, and it- ought to be punished ; but in the present instance the Jury would consider, while they compensated the injury of the husband, that they were only to estimate it as the loss of a wife, who was little better than a common woman of the town. Verdict for the plaintiff—Damages £lOO. SELLING OF GUINEAS.-TILE KING V. DE TONGS. This was an action on an indictment for exchasg ing a quantity of guineas for more dun their current value. The ATTORNEY-GENERAL stated, that by the acts .sth and Gth Edward VI, if any person changing gold coin, gave or received more than the value, as settled by proclamation, such person was liable to fine and imprisonment. By the proclamation of George I. bearing date December 22d, 1717, the value of the guinea was settled at one pound one shilling. The object of the present prosecution was, to stop the traffic of carrying gold out of the country into foreign lands. It had become of late a prevalent practice eo collect guineas, and sell them at a premium, to be carried abroad. The defendant was a great dealer in that line. The masters of foreign vessels were re gularly directed to him, and the traffic . was carried on with all the formaiity of a legitimate commerce. This attracted the notice of the official persons, who were employed to prevent such abuses. The Solici tor of the Mint sent two persons to purchase gold : they addressed him as foreigners : De Yonge recog nized their introductions, as from a man to whom he h:id already sold guineas. De Yonge sold what quantity was demanded to those persons : he was ii nally arrested ; and the money, which had been given for the guineas, was found in the house. There could 'be no doubt of those facts, and the Jury must find the defendant guilty. Mr. Leonard, from the Counsel office, produced, the Gazette of the 22.1 Deccem ber, 1717, containing the proclamation. Mr. NIaRRYATT, as Counsel for the defendant, ob jected to it as proof, as the indictment set out that it was proclaimed under the Great Seal, and there was no proof that the proclamation in the Gazette had the Great Seal aflized to it. Mr. ATTORNEY-GENERAL was happy this objection had been taken, for it was impossible that the Sove reign could issne a proclamation without its passing under the Great Seal. Lord ELLENBOILOUOIL—I am convinced that the proclamation published in a Gazette, authorised by his Majesty, is sufficient proof, and we are not at this day to doubt that proclamations do not go under pro per scrutiny. It is the only mode the Sovereign has of communicating his wishes to his people. I am con vinced that the Gazette is good evidence of the ex istence of the proclamation. Mr. ATTORNEY-GENERAL.--My Lord,- I have got the original proclamation, with the Seal affixed to it, in Court ; but I wished it to be laid down by your Lordship, that the Gazette wa3 good evidence, that it might act as a precedent in other places •Nhere they have not the advantage of your Lordship's pre siding. Mr. Edward C. Powell deposed, that he was As sistant Solicitor to the Mint ; that from some infor mation which came to the office, he gave instructions to two men, of the names of Caul and Nash, to pro ceed to the defendant's house, on the 26th of Decem ber last, and purchase some guineas. In order the better to disguise themselves, they both spoke the Dutch language. Caul was to urform the part of a Dutch Supercargo, who could not speak English ; and Nash to act as his interpreter. He gave Nash £59 in Bank of England Notes, which he took an aceount of, and made Nash examine them with him ;, he also gave him two Bank of England Dollars, which he snarked. They went to the defendant's house; lie attended in a coach at no great distance off, accompanied by a person of the name of Browne, an officer of Shadwell Police-office. Upon a pre concerted signal being given, he went to the defen. datit's house, and found that Leadbeater, a City Mar shal, who accompanied Caul and Nash, had the de fendant in custody. Leadbeater produced 50 gui ' neas, which he said he took from the person of Caul. The witness asked Nash who Caul had received them from ? he ans4red, from the defendant, and that ' Caul had paid him £56. ss. for them in Notes, and a Bank Dollar. He asked the defendant if it was true? He said-it was; but added, that the difference be tween A'k). 10s. and £56. - ss. was given him by Caul, as a present for the exchange ; that he had not charg ed more than Rl. Is. for each guinea. Leadbeater then produced a parcel of Bank of England Notes, which, he said, he took from a drawer in a bureau, in the room. They were the notes the witness had given to Nash ; there were three short. He asked the prisoner if he had any sliver ? He put his hand iu is pocket, and brought it out full of dollars and other silver. The witness took from amongst them 'the dollar he had Marked. He asked the defendant if he had much more gold ? He shewed-him a bag containing 90 guineas ; a second, containing a great quantity of half-guineas ; and a third with seven shillings pieces. There were several empty money bags in the room.' The three other Bank of Eng. land Notes were produced by Leadbeater ; he took them from Caul, with the other Bank dollar. J. Caul fully corroborated the evidence of the last witness, as to his and Nash's instructions. When they went first to the house of the defendant, they saw his wife, Nash said the witness was an acquaint ance of his, just come from Holland. She inquired from the witness what he wanted ? he replied, in Dutch, a little gold; she asked who recommended him, in the same language ; he answered Captain Kaysoll, who was gone to Gottenburgh ; she sheaved them into the parlour, and sent a boy for the defen dant, who shortly made his appearance, and asked nearly the same questions his wife had done. He said, he knew Captain Kaysrll. The witness told him he hoped he would let him have the gold on the same terms as Captain Kaysoll. The defendant answered, he could not : he let him have 900 guineas, at an ad vance of Is. 3d. ; but the price had rose, and he could not take less than Is. 6d. advance. The wit ness told him he museeven agree to that ; firm paper would be of no use to him in Holland ; and he only wanted 50 guineas. The defendant gave him the guineas, and he paid him R. 56 in notes, and ss. by a Bank dollar. The defendant told him he must take care how he took them out of the country, for by the law of the land he was not entitled to take more than five. He told him he need not be afraid, for he would wind them round his waist. Leash said he knew a better way than that, for he could sew them in a garter and fasten his stockings with them. The defendant's wife said she knew a better way than either, and asked the witness it he did not wear a cushion in his neck-hand kerchief ?he answered in the affirmative. She brought a piece of flannel, and rolled some shillings in it, and said, " Thus you may put your guineas, and when folded in your handkerchief, it will be beyond suspi cion." The witness proposed they should have some thing to drink, which was sent for. They took a glass of rum a-piece. The defendant requested that the witness would recommend some o( his country men to him, and, by mentioning his name, it would be a passport. Nash and the witness were going out of the street door, attended by the defendant and his wife, when they were all shoved back by Leadbeater and Browne: the defendant seemed much frightened, and whispered the witness in Dutch to say, that he did not give more than RI. Is. for each guinea. On his cross-examination, he said he gave bank-notes for guineas, and not coin for coin. Leadbeater and Nash corroborated the evidence of the other two witnesses. Mr. MARRYATT said, the exchange was admitted ; but he had humbly to submit to his Lordship, that the indictment could not be maintained. It was founded on an Act of Parliament which was nearly obsolete : the Act stated that it was unlawful to ex change gold coin for silver, or silver coin for gold, for profit ; but not a word was mentioned of bank notes ; they could not be contemplated, for they were unknown for many years after ; and by the statute, the penalty was as great on the purchasee as on the purchaser. Lord ELLENBORAVGII-.•• 48 If you wish, Mr. Mar. ryatt, you can save this point ; not that I hold a doubt of its invalidity, but because we have a vast deal to do, and there will be more time to argue it in terms ; I have not a doubt but the statute was intended for the exchange of the truck of the then present day ; but I think it wide enou g h to admit Bank -notes, or even gross goods, if it is agreed to take a certain value over the standard currency." Mr. MARRYATT- 4 6 The only reason, my Lord, that I should wish to argue the question now is, that the defendant is liable to a specific punishment, if found guilty, and the Crown may arrest him." Mr. ATTORNEY-GENERAL--I will, my Lord, do away with Mr. Marryatt's uneasiness, for I will give my promise the defendant shall not be disturbed, un til after his Counsel has an opportunity of moving for a new trial. He is already under bail. Lord ELLENBOROUGII.—GentIemen of the Jury, I am of opinion that the defendant did receive more than he was allowed by the proclamation ; and I would recommend that you should find your verdict as such ; at the same time I will wave the point for the defendant; but don't let it be understood that I am of opinion that it is not a breach of the statute. I would not wish it to go abroad that there was any doubt upon the subject, for it is a most injunious traffic. The Jury returned a verdict of—Guilty. CARRICK V. DYER AND OTHERS. Mr. Gmutow stated that the plaintiff in this action, and the defendants also, were Blackwell-hall mer chants, and the action was brought to recover .€920, for a breach of contract for 50(X) fleeces of wool that had been bought of the defendants by the plaintiff- It was with great regret that he said any thing that could call in question the good faith of an English merchant, but he was sorry to say, that on this oc casion his instructions compelled him to accuse Mr. Swaine, one of the defendants, with wilful breach of contract. Mr. Carrick had, with an eminent bro ker, looked at some fleeces at the defendant's ware house, and Mr. C. remarked that there were many coarse ones among them, when Mr. Swaine said that he would himself see the coarse separated from the others, and that they should be prime picked, soft handled fleeces. On this warranty they were bought and paid for ; but on opening them, a considerable time afterwards, each package, at top, was found to contain good wool, but at bottom they were filled with coarse wool and flocks. The broker sent his clerk to see the fleeces sorted, and Mr. Swaine him. self separated them, but in a very dark Fart of the warehouse, so that it was impossible the young man could see what was doing. The plaintiff's broker proved that Mr. Swaine promised to Mr. Carrick that they should all be prime picked, soft-handled fleeces. He also proved the contract, which originally had stood Norfolk fleeces ; but the defendants not being able to warrant them to be the produce of that county, he had altered the word " Norfolk" to " prime picked," &c. Lord ELLENBOROUGII.••••MeTC both parties con• suited in this alteration ? Witness.—No, my Lord, only the defendants. Lord Ezzar4BOßGoliGliew•HOW could you do so, Sir ? You stood beteteen the parting t o s etla';or of high responsibility, and you h:tve pot the pl is!. if is a most perilous situation by your roo.l.ter. ATTORNEY GENERAL.—My Lot d. n tit"; hlta'llin.z what has been thrown out ag the ch Tut., cif one of my clients, I do tt , q conceivo it honourable t lay hold of this as an objection ag:tinst the valittty the contract. Lord ELLIENIMROMTI.-•-lit is very honourable r f your clients, Mr. Attorney General ; and, Sir, n-v- r while you live. and :►re a broker, make :►n tlr--lti. h in a contract without the cnncunence of both th e ties. We have too many instances of this n►Tligen ce in brokers ; they cannot be ton secureiti the;r contrac's. Arromtv GIM.:RAL.— My Lord, I can nnw with safety to the character of my clients, propose that tl , e matter be kit to arbitr.►th , n of one of the Gentlem en of the Jury, who will he able to see the pl:►ce in which the fleeces were sorted : to this proposal Mr. Garrow s on the part of the pl.►inti:l's, acced!d. glass, at one side of the door, 1 as to afford witness an opport braced, of looking into the path served. When she looked into • . IPIATCHES7ER ASSIZES, AUGUSTt Thom►ar Ulloch, a Purser in the Navy, was tried 1 , 1 the murder of Joanna, his wilt, by shooting her, in the parish of Alverstoke, on the ISth of March.-- The deceased was shot in bed with her husband, and he immediately alarmed her sister and a servant who slept in the next room. A report had gone abroad, that, from the situation in w!lich the body was found the deceased could not have s'iot licrself, but this was contradicted by a surgeon, w•;hn examined tie wound which was before the ear. There were no suspicions circumstances adduced against the prisoner, nor did it appear that he had had any words with the de ceased. The Judge did not suffer the case to gq to the Jury, and the prisoner was honourably acquitted. William Pannell and John Eyre were convicted of burglary, and received sentence of death. I.ONDIJA MAR KITS. INSPECTOR'S RETURN AT 17X BRIDGE, August I. Win at per load 2,1. Os. to 331. os,, Barley, per quarter 375. -d. to 45, -d. Oats Zits. -d. to 445. -d. Beans 565. -d. to 63.. -d. Peas . 00s. -A. to -s. -4 PRICE OF HOPS IN THE BOROUGH MARKET. SAGS. FOCKET4. Rent 41. 4s. to 61. 00s. Kent 41. t ss. to 71. Os. Susses SI. 10s. to 51. os. Susses Si. is.. to 51. Os. PRICES OF HAY AND STRAW. ST. JAMES'S. WWI I !CHAFF L. Hay 41. 15s. to 91. 91. Hay 61. 0.. to 91. Os Straw 21. I Is. to 31. 94. Clover 71. 10s. to ie'. Os Straw 21. 18.. to 31. !. PRICE OF HAY AND STRAW IN SMITHFIELD, Meadow Hay 61. Os. tc SI. MN. Clover 61. Os to 91. 0. New ditto 31. 12s. to 61. 1.51. New do. 31. Os to 71. 0. Straw 21. 10s. to 31. 3.. SMITHFIELD MARKET, August 3. To sink the Offal per sumo of sib. Reef 4s. Bd. to tis. Od. Veal Ss. Od. to 7s. 03 Mutton 4.. 114. to 6s. Od. Pork 5.. Od. to ls 01 Lamb 5.. Od. to 7s. Od BEAD OF CATTLE TISIS DAT. Beasts, about 6.7.0-Sheep and Lambs, 7 ,CO2. Calves, 310-Pigs, 240. NEWGATE AND LEADENHALL MARKET. Per stone of 81b.by the carcase. Beef 45. 04. to ss. 041. Veal 4s. 84. to Is. 04 Mutton 4.. 84. to ss. 4d. Pork ss. 44. to Is. 114 Lamb Ss. Od. to 6.. Od. Lamb Skins, 2s. Od. to 3..0d.-Pelts, Os. 11d. to Os. Od. PRICE OF LEATHER IN LEADENHALL MARKLE. Buts 21 id. 2214. Calf Skins 38s. 449 Ditto 23.1. 24d. Ditto 385.415 Merchants' Bass 20 3 / 4 .1. 214. Ditto 2As. 324 Dressing Hides 18,ld. 1911 Small Seals Ss. Bd. 3s. 24 Fine Coach Hides 194 d. std. Large ditto 100 s. i 5 0.. Crop Hides for cult. 204. 21 id. Tanned Horse Hides 19/4 214 Ditto 144. 20d. Goat Skins 60.. 7us RAW HIDES. Best Heifers and Steers (per Ordinary 2s. 4d. to 2.. 6d, stone) 3s. 04. to 3.3. 44. Market Calf 15.. 04. each, Middling. 2s. 84. to 2s. 104. English Hone 15s. to 16.. Od, PRICE O 1 TALLOW. it. James's Market 4. std Town Tallow 721 81 :Aare Market is 3d Yellow Russia 71. 04 Wllitechapel Market 4s 241 White ditto 6fts-03 per stone of bib. - Soap ditto 69s 03 • 12. 74 Melting Stuff 60s out 04 Average is ud Ditto rough 42s 00. 04 Graves lts od Good Dregs 124 04 Yellow Soap, 90s-Mottled, 100 s Od-Curd, 104$. 04. Price of Candles, per dozen 125 64-Moulds, 13. 64. COAL 'MARKET, August 3. Sh ps at Market Slops sold Price 65 Newcastle Coals 5S 491. 6tl. to 60s. Od. • 4 Sunderland S 524. Od to Ws. 6d. THE COURSE OF EXCHANGE. Amsterdam, 33 0 2 U Palermo, 12$ Pence per ox. Ditto at sight, 32 2 I.eglturn, 58 Rotterdam, c. f.lO 0 2 U Genoa, 54 I fanthurgh, SC .5 2 3 / 4 - U Venice, a. C. 52 I iv. Picoole Altona, 30 6 2 3 / 4 U ineffective per!. KN. Paris 1 day's da. 21 1 Liv. Naples, 42 Ditto, 2 Us. 21 5 Lisbon, 684 Bourdeaur, do. 21 .5 Oporto, 684 Madrid, 44 Effect. Dublin, 9i Cadiz, 411 Effect. Cork, 101 Gilboa 41 Effect. New Dollars, is. IV. Rio Janeiro 72, Malta 60, Gibraltar 381. New Doubloons, £4 95. 04. COUN FRY MARKETS. At Woodstock fair, on '1 hursday last, best-making cheese sold from 635. to 'nfi. per cwt. second ditto from 365. to 565. Oa FORD MA AIL ar, J e I.Y 28.-The second best price of a bushel of wheat was 14s. cd. according to which price, and a Juc allowance made In the baker, the assize and price of bread are as follow, viz. the peck loaf household. to weigh 17:b. 6 ue. 4s. 71!. the half peck, 2s. Sit'. ; and the smaller in proportion. SALMI/RT.-Wheat 1061. to 1235.-Barley 405. to 505.- Oats 285. to 364.-Beans 60s. to 725. per quarter. Deviz t s.-Wheat 106 s. to 1329.-Barley 409. to 501.-0.0 9 30s to SRL-Beans 565. to 68.. per quarter. WARWICIE.-Wheat 13..04. to 155.-Barley ss. to Rs.-Oats 3s. 94, to 4s. 6d-Old Beans 7s. 0.1. to Bs. 3d-White Peas 99.2(!. to 10s. per bushel of from 34 to 36 quarts. BIRTH. At Brighton, August 1, the Lady of the Hoe. Edward John Turnour, youngest son of the late Earl Winterton, of a e..ughter, still born. MARRIED. - At St. Micbacrs Church, Worcester, Sir William Pok, of Shute, in the County of Devon, BArt. to Mills Charlotte Frazer. DIED. Yesterday, In the 92d year of his age, General Charles Vetnon• leutenant-Governor of the T.wer, and the eldest General to the Army. TO-MORROW. Stu) rises, I Sun sets, I Moon rises. 25 minutes atter 4 ISS minutes atter 7 S 3 minutes after HIGH WATER AT LONDON BRIDGE TO-MOKILOW. Morning... ..... 43 minutes atter 4 I -Mourn aft r S A s: LONDON Printed and publa,bed by 1.1...% 1•L.1 4 I ,o. La' terbury-Plaer, I .ambeth, at the STAR-Omer, N. l i c__arer Witt. PMblight4 idlo at the STA a 4) oric Li 11 ei ! is of le t ty IQ f 1-voi r la it once aC's. With t [le men 'hid/ TOW j I 1 , 1 r, in and who fla d, 'und s >und ions did