Star. — London, England, 1821-12-14 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, DErEMBER 13 THE BARNSTAPLE CASE.--PERJERY,--THE KING V. ROBERT KN ILL. This was an information filed by the Attorney- I General against the defendant, for wilful and corrupt perjury, committed by him at the bar of the House of Lords, where he was examined as a witness on the 23d of June, 1820. • The ATTORNEY-GENERAL now stated the case to the Jury :—The transaction on which the perjury was alleged arose out of a contested election for the Borough of Barnstaple, on which occasion there were three candidates—Sir M. Lopes, Mr. F. Ommaney, and Sir Henry Thompson ; the' two first were re turned, and Sir Henry Thompson, the unsuccessful candidate, petitioned the House of Commons against the return. His Petition was referred to a Select Committee. The defendant, who is 2 freeman of that Borough, was examined before the Committee, and then swore that he voted for Sir M. Lopez, in consequence of Mr. Gribble, the agent of that Gen tleman, having proasisA him satisfaction. A Bili was afterwards, in conseque:ice of the Report of this Committee, brought into the Hothe of Commons to disfranchise the Borough, on the groirods of corrup tion, and in due course went to the House of Lords, and the defendant was again examined as a witness at their Lordships bar. Here he swore that, on his requesting satisfaction of Gribble, he turned away without giving any answer. His motive for this con tradiction was apparent: in the first instance he was desirous, from interested motives, to have a new elec tion ; but, is the second instance, he would have been sorry to have had the Borough disfranchised. —The offence which the defendant had committed was a most serious and aggravated one, and the Law Officers of the Crown had considered it their duty to prosecute him. The Journals of the Lords were then put in, and Mr. Gurney, the short-hand writer, re.td his notes of the evidence given by the defendant at their Lordships bar on the 23d and 25th June, 1810. The Speaker's warrant for the election, and Sir H. Thompson s petition were also put in. C. J. Green, assistant to Mr. Gurney, proved that a person, answering to the name of Robert was examined before the Committee of the House of Commons, and witness afterwards saw the defendant attending as a witness at the bar of the House of Lords. Witness read from his notes the evidence given by Knill before the Committee of the House of Commons, stating that Gribble had promised him satisfaction. Mr. ADOLPHUS, for the defendant, now submitted' to his Lordship that here was no case to go to the Jury. He could find but one solitary case at all parallel to this, and that was one tried at Lancaster about sixty years ago. No offence was, in the present case, im puted to the defendant in the iniormation. There was a long narrative of the proceedings before the two Houses of Parliament, and then a statement of what was alleged to be the offence; but the tithe, the place, and a competent jurisdiction, ought to have been pre viously alleged ; but iu the present case none of these things were stated. The Cutts Junior thought the offence sufficiently particularized in the third count, but the opinion of the Court on that point might be taken, if necessary, in arrest of judgment hereafter. The ATTORNEY-GENLRAL contended that the first and second counts were good, upon the authority of the King v. Booth, tried at Lancaster, before Mr. Justice Yates (in 1764). The defendant in that case swore, before a Justice of the Peace, that three women were concerned in the destruction of a windmill, during a riot which had taken place. Afterwards, at the trial, having been tampered with in the inter val, he swore that they were not concerned. The Judge, on that occasion, was ofopinion that this was perjury, and the Court afterwards confirmed that opinion so given. Mr. At:rot-mos contended, that the doctrine thus assumed by the Attorney-General was laid down too largely. By such a doctrine it was assumed that the facts stated before the Lords were false, and that the first statement was true. Now the contrary was more likely to be the fact, and that in what he first stated he might have been mistaken, and that What he after wards stated, at a subsequent period, corrected by re collection and reflection, was the truth. To find him guilty the Jury must assume that the first was true, and the last not true. He (Mr. Adolphus) contended that all which had been proved on this occasion was a discrepancy in the statement before the Lords and Commons, but no wilful or corrupt perjury had been proved. The CHIEF JUSTICZ said, he was glad this discus sion of the subject had taken place. His Lordship' then entered at considerable length into his _view ofl the law of the case, which the Jury might put en- 1 tirely out of their consideration ; they might find on the fact. If they believed the fact sworn at the bar of the Lords false, they might find defendant guilty generally, and the question of law might come before the Court hereafter in arrest of judgment. The Jury, after a short deliberation, found the de fendant—Guilty. THE SING W. ROBERT EDWARD!. This was a prosecution by the ATTORNEY•GRNE SAL, similar to the last, and the evidence in support of the information was of precisely the same nature. The Jury found the defendant—Guilty. THE KING V. HA @RIZ. This was a similar indictment, and was established by similar testimony. The Jury again returned a verdict of—Guilty. HARMER V. PROUD. . Mr. GURNEY, for the. plaintiff, stated his client sought, in this action, to recover a compensation for a very serious injury, which he had sustained by the conduct of the defendant. The declaration charged the defendant with having maliciously, and without probable cause, indicted the plaintiff for a conspiracy. Mr. Harmer was an attorney, and had been for 20 years ; and desirous of standing well with the Court in which he practised, and with the Public, he had been obliged to bring the present action. It was pain ful to him to have the statement which he had to snake, because, in doing so, he should be under the necessity of mentioning the name of an individual of high rank, not now in this country. In the year Mb, a young woman named Roberts, accompanied Up her fatl,er, cattle to Mr. Homer to state her case; and require professional advice and assistance. The case which she stated was in substance as follows: — She bad been earning her living in a respectable man ner, when she was accidentally met by one of the Duke de San Carlo,'s establishment, who represen ted himself as a Spanish merchant, and adopted every means in his power to seduce her. Unfortunately be at length succeeded in his endeavours, she consented to his wishes; and Mr. Piccard, which name he went by, took lodgings for her. Here she resided, and passed by his name; and he, from time to time, vi sited hes. Suffice it to say, that Piccard and the Duke San Carlos were one and the same person.— She soon became pregnant, when Mr. Piccard re laxed his attentions, and, ultimately, she was deserted and left destitute, and without support. Anxious to obtain the means of living, she applied to Mr. Hat- mer, and stated her complaint. Mr. Harmer had never seen her before, and suspected her statements might be exaggerated. Some part, however, might he thought be true, and humanity induced him to advocate her cause. He knew a Gentleman who was known to the Duke, and he determined to apply to him on the subject. This Gentleman was Mr. Gold smith, an individual well known in the literary world; to him Mr. Harmer applied, and he went to the Duke. The Duke did not deny his knowledge of Mrs. Pic card, and expressed a wish that Mr. Harmer should see his Attorney on the subject. Mr. Harmer, ac cordingly, did see'Mr. Fraud, the present defendant, and urged the distress of the unfortunate young wo man, and Mr. Froud authorised Mr. Harmer to ad vance her £5. This he accordingly did ; and after wards, when her necessities required, £5 more, sup posing the individual who had authorised advancing £5, would not refuse to pay the £lO, under such cir cumstances. He afterwards applied to Mr. Freud for payment of the £lO, but he refused to pay even the first £5, and advised that the young woman should go to the workhouse. To this, however, her friends would not consent, and, ultimately, she was obliged to appear before a Magistrate at Bow-street, and swear the child, which she did, to the Duke. In the meantime, Mr. Harmer, not being able to ob- rain payment of the £lO advanced, informed Mr. Goldsmith, who advised him to write to the Duke,' which be accordingly did, and was shortly after very much surprised by hearing, not from the Duke, but that Mr. Froud had preferred a bill of indictment against hiin at the Middlesex Sessions, for having conspired with a person named Leigh, to extort money from the Duke San Carlos. Mr. Harmer, however, had never seen Mr. Leigh, to his knowledge, in the whale course of his lite; but ; it afterwards turned out that Mr. Leigh, who is a Clergyman, having by chance heard of this young woman's situation, had interfered from motives oil humanity, and had written to the Duke. At-. Har mer, on application, was informed a true hill had been found by the Grand Jury ; and that the only evidence at tire back of the bill was that of Mr. Froud, the Solicitor to the prosecution. Mr. H:rrmer, upon this information, gave Mr. Frond notice, that he should be ready to go to trial the following Mon day; but Mr. Frond laughed at him, and said the thing would take the usual course. He did, in fact, remove the cause, by certiorari, into the Court of King's Bench. Still he wished to introduce delay, but Mr. Harmer ruled him to trial ; and when the cause was called on, the Attorney-General stated there was no prosecution: spoke in the highest terms of Mr. Harmer, and acknowledged there were no grounds for the prosecution; and Mr. Harmer was acquitted instantly. Still, however, Mr. Harmer had felt it necessary to bring the present action to justify himself, and iu defence of his character; and the Jury would now have to say, whether, under all the circumstances, the defendant had not instituted a malicious, groundless, and unfounded prosecution for conspiracy, against the plaintiff, without any pro bable cause? Mr. Lowav put in the record and office copy of the acquittal of Mr. Harmer. The proceedings against Mr. Harmer for the conspiracy were also put in. Upon the reading these latter it was discovered by Mr. Serjeant PEACE, Counsel for the defendant, that there was a variance between the record and the declaratinn, the family name of the Duke being spelt in one Infandado Caravajal ; and in the other Infan tado Caravagal. The substitution of g for j, the Learned CHIEF JUSTICE decided was a variance, which must prove fatal to the proceedings, and the plaintiff was nonsulted. _ Lord HOLLAND was in attendance to give evi dence. His Lordship sat on the Bench with the CHIEF JUSTICE. THY KING D. THE MAYOR OF CAMBRIDGE. This was a proceeding in the way of quo trarranto, against the Mayor of Cimbridge, for refusing to ad mrt a person named Nash, the son of a freeman, to the freedom of that Borough. Mr. SCARLKTT stated, on behalf of the complain ant, that the question was important to the general interests of the country. It was a question whether all sons of freemen, or the eldest sons only, were en titled to the freedom of the town of Cambridge ; and as the freemen of that place were voters for Members of Parliament, the elective franchise would be nar rowed or extended according to the decision of the Jury upon the point. Mr. Scarlett then said, that he was prepared to thee a right, from time imme morial, of admission to all sons of freemen ; and sat down by lamenting that he should be compelled to' occupy a considerable portion of the time of the Court. An immense mass of documentary evidence was I I then given, the detail of which would be quite unin teresting to our Readers; and it appeared, that in the reigns of Henry VIII. and Elizabeth, the Corpora tion had made bye-laws, regulating the description of persons to be admitted as freemen, and the terms of their admission. The LORD CH' JUSTICE thought, that if, from time immemorial, all sons of freemen had had a right to be admitted, the Corporation could not at those times have made their own arrangements as to the manner of, and qualification for admission. Verdict for the defendant. • In the night of the 6th inst. Mr. HOGA N'S house, in Broad -street, was stripped of a quantity of lad, but the noise in removing it having awaked the family, the robbers ran off without their booty ; 66 pounds, cut up iu pieces, were found after them. Suspicion attaches to the watchman stationed iu the street, who hits been put into confinement. OLD 'JAMEY S E SSIONS. Yesterday, .1. Smith, S. Hicks, W. Foreman, and G. Hall, were indicted for compiling to raise their wages as Caopets to the West India Dock Company. Mr. Adams was principal cooper in the West In dia Docks. On the evening of the 7th of August, they were told that they (the coopers) must stop ten minutes on going out, or be discharged. Next morn ing he was ordered by the heads of the Docks to read a paper to the coopers to return upon their old terms. This he did to about 300 of them, assembled field near the Docks. No one answered, but they consulted among themselves, and he called out Barnsworth to answer for them all. He came out, and said the men would not wait ten minutes beyond their time ; and that if ever they did come to wilt k, they would have 6s. instead of ss. a day, which they worked for before. Their hours of work were frem eight till four. Witness walked away, and the men remained, and as he passed along they gave three cheers. They were very busy then, as much so as ever they were. Cross-examined.—On the 4th of August, the order that the men should stay ten minutes longer first .came out. Their time, by Act of Parliament, was from eight till four, and the Dock Company clelse to keep them ten minutes longer. About four years ago, their wages were reduced from 6s. to ss. Ile reduced their wages by order of the principal Dock master. They were reduced to half days, but first to quarter days. 13,m:swot-di was a man of intelli gence, and was called out because he could be de pended on. He was one of the most active, but not most noisy. His name is down amongst the wit nesses, but witness had not seen him for some time. On being desired to read the order for the return of the men on the old terms, as he did, to be heard by 300 men, he did it in a very ludicrous style. The men on the rum side remained at work, and Smith among them. He heard no mut =ring among the men when the wages were reduced from Gs. to ss. in 181 G. The men were thankful for the half days granted to them. He did not know of any regular murmur among the men until they were required to stay ten mihutes a day extra. This was tie cause of the murmur. The field where they assembled was close to the Dock-gate. They had said, the night before, to Captain Parish, that they would not came to work without the additional shiiiing ; hut be did not hear any of the defendants say so. All the time that he had been in the Company's employment, he had never heard a complaint against Smith. Captain C. Parish is principal Dock master to the West India Dock Company ; has the charge of the Docks and the property therein. He proved the order that he issued by direction of the Dock Com pany, that the men should not come to the gate till the bell had rang, at ten minutes past four. The coopers had resisted the search at the gate, and col lared the constable. It is usual to search every man as he goes out at the gate, unless he is of respectable appearance. At that time they had three thousand men at work, besides crews of ships. Tire Docks were full of shipping. At that time there were ninety-four ships, laden with su:;ar, undelivered, and that was injurious to the Public, the Merchants, and the Revenue. They were obliged to send two of their Clerks to Bristol and Liverpool to hire coopers, in consequence of this strike, and about ninety men came from these two out-ports. The rum coopers were asked to assist in the sugar department: but they declined it to a man. Cross•eramired.--He had made this regulation about the extra ten minutes without the authority of the Directors. Ile made the regulation as to the half days and quarter days without the orders of the Directors also, in consequence of a representation from the principal cooper. J. Barnsworth, a sugar cooper, at the West India Docks, remembered the order that they should stop an extra ten minutes. Next morning he attended at a Meeting of the Coopers, at the Angel in the Mato ries. He did not know whether he was considered as Chairman or not ; a proposition was made that the coopers who stood out should receive 3s. a day Some thought this too much ; but it was ultimately carried. This money was to be raised by subscrip tion, and persons were appointed to go round to the different shops in the trade to tell them that they must subscribe 2s. 6d. each for a fund. It was also proposed and carried, that the rum coopers in the Docks should continue at woi k in order to assist in supporting the sugar coopers out of employment.— Witness received the money for his gang of hands, and paid it to them, as did others to thews. lie at tended at the Ben Jonson, Stepney, for fifteen days,. during which the sugar coopers held out. They had a large Meeting in the Ben Jonson tea-gardens, when Smith and Hicks were there. Hall brought several meal who had come by the Liverpool and Bristol coaches, from which he had brought them, and said they must be taken case of, as the men had come for the Company, but he bad brought them from the coaches. The strangers had bread, cheese, and beer. There was another Meeting, at which Smith pre sided, and where they agreed to remunerate those who had advanced money for them during the strike.' This was after the sugar coopers had returned to work. Hall claimed .ss. a day for bringing in the Liverpool and Bristol men. This was to shew the country coopers that there were mere in London than could find work. .He could not say whether he was the worst among them, not being his own judge. Is not now in - the employ of the Dock Company. He had been at Hicks's Hall when his poor old father prosecuted him for an assault; but that was through three prostitutes. Ile had also been indicted for a libel. He did not set himself up as a spokesman. He said to the men, " as we have all come out toge ther, let us all go in together." He admitted that he was one of the most active of the turn-out, but de nied that he had used any words to mike them to disobedience; but said he would head them inside the Dock-gates. He did say to the Committee that the Docks were considered worse than the slave-markets in the West Indies. 1 1 J. Owen, a journeyman coo - per in the West India Docks, attended the meeting at the Angel after the strike, when Barnsw•orth was in the Chair, holding forth, and telling the men what they should do.— Smith was asked by a person what the rum coopers intended to do? and the othe.r replied, " Don't trouble your head about the rum coopers; they know what to do." Barnsworth said, that the rum coopers must ttrike, in order that the sugar enopor s i 1 raLa gain their ends. Cross-exa »:i ned.-13Arnsworth was Ch..:rman zra the whole body 'cat led by him.llnnisworill u ; , ; i f, w c most violent at the mee;irgs. li e s.: i 1 thet t!. ought to die rather than return to o:k. 11„ e ru et m ' • coovers never struck. Witnesses weal! then called to corroborate thei,,,,, going ; and seycr::l ' other Live rroo l and g,:i,,it coopers proved that they had been e amed ;or is Dock Compa.iy, but had been intercooe.l, f e d, Hill lodged, by the sugar coopers who had struck. Several other witnes-ses were examined ; ad tie case for the prosecution having closed, Mr. CI7IIWOOD addressed the Jury with gre n i i .. lity for the defendant 'lick, commenting with fc , ; * force upon the contradictory nature of the testi m , s ar ! upon the infamy of the principal witness,Rav worth, who was the cause of all that had occurrel Mr. Aon Lint us addressed the Jury; with his usual ability; for Foreman. ___ Athall-past nine o'clock, Mr. Cu ARLES Puttark rose to address the Jury on behalf of Smith. All tha t his client bad done, he said, was to lend his assit ar . 4 to prevent the wives and children of his fe110w.u.,„4., mea from starving. Lie trusted that the Jury woos spew by their verdict, that they did net cons,der a crime. The Learned (gentleman displayed hi, n .. 1 ; eloquence and ability. Ills speech was onc•a or tv:k t interrured by expresiions of applause from the 0. leries; an impropriety which called down the at i, Madversicns cf the Learned Judge. The CONINION SERJEA NT commenced minim-in:tea soon after ten o'clock. About a cptatter before this morning, when he had nearly concluded, one 4 the Jurors %VAS taken so ill as to sit with difficulty i t the box, and he begged the Court would permith i to retire, and appo4int another Juror in his room. The Coe mot.; Scn.rEA NT said, he could not 4 ti l l period a f the trial. _ _ The Gentleman was furnished v::th a bottle and a glass of water, and after a few iniv aie , appeared to get better. The Com Itote SERJEANT proceeded, and had nearle finishrd, when the Jury turned round in the b+: 1 , 2 4 alter comulting for a few moments, returned a ve t . dict, finding all the defendants Not Guilty, and they were immediately discharged. Upon the delivery of the verdict, a dispositionu applaud was manifested by some of the auditory,be which was suppreised by the officers of the Coe_ On the event, however, being made knows tote ft iends of the prisoners outside of the Coda, threeloul cheers were given. Mary .elJertzood, found guilty of .uttering a co* telfeit half-ctown, was sentenced to be tnipritorel six rnoilths in NeA gate. The following is a copy of a letter scat by n; Limson, one of the men lately esecutei at Mc rpet4 to a friend: 4' 'Morpeth Jail, September 17. " Dear I am afraid it is all over whit ss, fur Wei me are both cordemned—if old Bayley had tried te:, we.!, m / only be lagged, for he hangs nobody; but they say devil, and as bad at barging folks as that cock-eyed idiots tla; sometime F passes for a Judge. But, perhaps, see may get (f 4 ssi be sent to the Bay, -bet they want to tighten to bet all ctrl can out of tis. If it had not been for taut damtwd N. , ..stae a trap, we might still have been upon the hit v.ith nit rest of them. That M— has done Our husiunt, bat ittralht his turn next, for I know who is upon the watch for him, mg he is a d—d sn;veller at bottom ; I always tall biotin, index afraid of his snitching from the first. bill is very bad .bat , and so am I, when I come totbink ; to he hanged!— 0 Gig I cannot bear the thought. We have been looking fa at* prieve constantly, but the time is coming eery near:wow lbw you will laugh at me for canting so, but things are very dam now with me, and if I bad all the world I would givettokt I had never used any of them ill that we robbed, noel amid pt everything hack if I could. We did not mine`, the Pines first, for if we were tally going to the Bay we did :aeurma; but he has talked a deal about penitence and trust in Gem, ni has seemed to serious and anxious about us fur thew last la days, that we begin to fear the'worst. Sleep is no rest La at, for I dream I have ten thousand devils banging about air; sal when I give way to thought it is misery past expressing. Soo more from your unfortunate friend and companion, and Rill Ea sires to join, " JUAN WILKINSON: DIED. In India, Lieutenant Cearge --- 11eath; of the 'Madras snia, fourth son of the late Henry Heath, Esq. of South Stiddh aged 35. At Chupra, in Bengal, the 211t1 June last, William Ha* Smith, Esq. of the Hun. Company's Civil Service, eldrstsoad N. Hankey Smith, Esq. of Deerbotts, Suffolk, in th:: 2'2 , l7tat of his age. In litrden-street, Hull, in his 100th year, Mr. Pubic" native of /3evLiley. He retained all hi s f acu l t i es to t h e last._ _ . At Glasgow, the 27th ult. after an illness;lfi;;d.; - 5,4 limn, only son of the Rev. T. Durant, of Poole, in the lid year of bis age. _ . The Gth Tilt. at St. Vanier, in the dc.partment of Draft south of France, on her Iva - , to England, Elizabeth, did daughter of the late William MackiLuon, Esq. of Llinli„:4l, the county of Berks. Mur,lo ifacker,zir, cf UllapooL He was return;r7 f:sa the Kincardine market last week, and, in fording the tiv Ct ron, was swept away by tar: strenBth of the tivt r, %VW, his much swollen by the late heavy rains. After being n:issit;it two days, his body was found in a deep pool, at a little distinct from the spot where he had attempted to ford the ricer. In the llospitah or IL.:ors'-lioute, of ihith . :rie,4, aged 36, many years an inmate of that hem-vokr: ite was one of the persons celebrated in Ur. Mayne's Poem of tie " Siller Gun," and the I.;st of ;be mus:zians tner.i,:ard tat:cis The following are the Verses in which bis 1:4111e is coms:em► rated : Jock Willison, a Suter bred, Wile., for the fiddle, left his teed,. Jigg'd it far better than he sped, For, ch! poor Jock. Gad neer gang soberly to bed, Like other fo'k: Blind-fu', at wedding=, or a dance, He play, though like ane in a trance; And then, for lighting, Jock wou'd prance At fair, or market, And box whaever durst advance, Till they were yarkit Yet Jock was as humane as brave, And alien for the belp!..ss slrave To snatch the drowning fray the wave, quickly dive, And to a weeping mi.tber save I lerbarrn A 1 IS rnu I).AVIA TIC DE Z. 0 1 I Watcri'ord 0 1 anLlerfey 0 1 I Hoßard 1 0 Flandt:rs 0 0 i 0 0 t' 4 • l I.ishon 0 I France 1 0 Hamburgh I 0 Gottenhurgh 0 2 14•emird !!lands U ° Jam lica 0 0 I-11G H. W NTER at LONDON BILIDG E ca.:mane* • bac ruing - 27 minutes after After-m.ln - 49 _ - LONDON: Princvd and publlshed by Los. SU; 11/411. PLi al; Temp Ic-lia. , .--•••••• Num Noy / once , , Ad' ilia Old 'ett, it ittlh as -SARI SI Patti l een at Ever g o the Piing d £4O .---- tubes TH MAY Itntne the PI Nu 17th ii Pent-C *cord to Tie, Wichd Wm. Jolm Swim Es. .....1m..-a-G edock with va No 7 - Treaty, attends, Cut 24th One Ja 11v: Mouse De? acecd Wm. C Wm. ( W. D. air Tk John Geori John TI prier, certa tietit 11 all of .1 tent) with ka•tl 0911 rf add t One of 1 to Wit list,