Star. — London, England, 1822-12-02 00:00:00

LAW INTELLIGENCE: COURT OF XING'S BENCH, NOVEMBER 30. GRaVIS V. LII. Mr. MARRYAT stated, that this ection was brought by a client against his attorney, for an assault com mitted in the public street. Mr. Lee thought proper to take offence at some conduct or language on the part of Mr. Graves, referring to matters in which the defendant had been professionally engaged for the plaintiff, and struck him in the street, in the presence of one of his friends, who would be called as a wit ness. In such a case the Jury would not estimate merely the bodily suffering of the party, which might be slight, but the degradation to which he was sub jected. To give a man a black eye, or to dash his teeth down his throat, was to inflict greater pain than gently to squeeze him by the nose, and yet the latter would he, beyond all question, the greater injury.— He therefore trusted that the Jury would give the plaintiff it reasonable compensation in damages for the wanton outrage committed on him by his attorney. Mr. Richard Mills, a.hop-merchant in the Borough, stated that in November last he was standing at his own door, conversing with the defendant, who he be-' lieved, had been professionally concerned for the plaintiff, when the plaintiff came up and called him ig a paltry scoundrel." The defendant immediately struck him a blow on the breast and knocked off his hat. Mr. Graves said That is all I want ; words are not actionable, but blows are." He did not think it a very violent blow. This was all that passed in his presence. On cross-examination the witness said, that at the time when the plaintiff came up, he was conversing with the defendant on indifferent subjects. One of Mr. Lee's arms was in a sling at the time of com mitting the assault. Mr. MARRYAT said, he should not trouble the Court with more witnesses to prove the same facts. • Mr. SCARLETT rose to address the Jury for the de fendant. As he was beginning, The Loan CIIIEF JUSTICE observed, that as there was an assault proved, the plaintiff must have a ver dict ; but probably the Jury already thought that a shilling, or a smaller sum, would be as much as he was entitled to receive. Mr. SCA reLETT said, he hoped the Jury would not give a shilling, but a farthing. As Mr. Marryat had contended for a graduated scale of assault, he thought this ought to be placed at the lowest possible value. If the plaintiff's nose had been pulled (which he well deserved), the Jury might give him a shilling ; hut as he had only his hat knocked off, they should give him only a farthing. The LORD CHIEF JUSTICE said, perhaps the Jury , tvould think a shilling about the proper sum. The defendant was an Attorney, and must have known that by committing an assault, however provoked by mere language, he made himself liable to an action. Mr. ScAltuvrr.—An Attorney is a man, my Lord. I shall never think the worse of an Attorney who knocks a man down who call; him a paltry scoundrel. I should think much worse of him it he did not. I hope, therefore, that the Jury will mark their sense of this action by giving the plaintiff the smallest coin of the realm. The LORD CHIEF JCSTICE.—WeII, Gentlemen, you mast decide. Tile conduct of the plaintiff was very provoking, but no language will juitify a blow. It certainly a case for small damages, and you will say how small • The Jury deliberated for some minutes, when The Loiu Cum , JUSTICE said he thought they need not take pouch time to consider whether they should give the plaintiff a shillinq or a farthing.. The Jury immediately found' a verdict for the plaintiff—Damages One Farthing. OOURT OF COMMON PLEAS, NOVEMBER 30. BURFORD V. SCALES. This was an action for an assault. The parties are butchers, the plaintiff dealing in beef and mutton by retail, the defendant adding to his retail business the more extensive one of wholesale, in WhitechapeL As is not unfrequent among persons of their calling, some dispute arose between them which ended in a rote, and out of that row came the present action. Mr. Burford, the plaintiff's case was, that he was inoffensively speaking tc the defendant,when thelatter struck him several blows and knocked him down.— To prove this he called no fewer than half a dozen witnesses, all of whom positively averred that the de-' fendant was the unprovoked assailant. The defendant met this case by ',tinging two wit nesses, whp : as positively swore that . he had quietly asked the plaintiff for a sum of money which was due from '11:m, to which, as they alleged, the plaintiff re plied by d—ing the defendant's eyes, and threatening to break the bridge of his nose; and in fact that, to suit the action to the word, he did attempt to lay violent hands upon, and do serious injury to, that useful organ of the defendant, to prevent which the defendant was obliged to knock him down. These two witnesses were qtite sure that the plaintiff was the first assailant. The Jury, after hearing the evidence on both sides, and Mr. Serjeant l'eu. for the plaintiff, and Mr. Ser jeant VA UGlihN for the defendant, thought the weight of-evidence against Mr. Scales, and gave a verdict accordingly:—Wmages 40/. and costs. WINSTANLEY V. HILL. Mr. Serjeant PELL stated thi: case to the• Jury.._. The plaintiff is an auctioneer of extensive business; the defendant is an attorney, resident in Chancery lane. The action was brought to recover 221. 16s. for work and, labour done in appraising a house for defendant, and for money laid out for his use in ad ♦ertisements respecting the same business. Mr. Winstanley's clerk proved the work done and money expended. The defence to the action was two. fold—first, that the money was not due; and secondly, that the plaintiff's claim was barred by the statute of ' limitations (hut this was subsequently given up).— Before the case was gone through the Counsel at both sides agreed that a verdict should be entered for the plaintiff, subject to a reference. ARCHES COURT, NOVEMBER 30. The Registrar havingannounced that in the case of " Bailee and Barlee , " he had received a letter from the Iligh Sheriff of Suffolk, containing a " re• presentation" in respect of what had fallen from his Honour the Dean of the Arches and Judge of this coat; on a former day, suggesting the propriety of that Lady's statements of ill usage in the prison being • • inquired into, was directed bT the Cast to wad the alma. This representation purpo(ted hbe email the High Sheriff and Magistrates of the county of Suffolk, in answer to the Court's suggestion of 'the 16th of November; and contained on the part of the Sheriff a total contradiction of Mrs. Barlee's com plaint as to her treatment in Ipswich jail (wbere she now is,. Miring been committed for a contempt of Court), and a denial of Mr. Barlee's having been ever harboured in the prison by the jailer, except on one, occasion of his calling on the latter, to whom he was unknown, and when he remained only five minutes within the walls: it was also stated that no pistol had ever been fired at Mrs. Barlees--that her food was of the same description as that of all the other priso ners, the bread and cheese, in particular, being good and wholeiorne, as had appeared upon minute in quiries and examination—that Mrs. Barlee had been repeatedly offered money by her trustees, kc. The ./unoit observed, that this must be the last ir regularity that could be permitted ; and, on the ap plication of Dr. Lushiagton, permitted copies of the documents and letters which have been brought into Court in this matter within the present Session, to be taken by the Proctor for Mr. Barlee. BLYTHE (FORMERLY SODEN) V. BLYTHE. This case has been once or twice before our Readers. It was originally a suit of nullity of Marriage, by `reason of want of legal consent, promoted in the Con sistory Court of London by Samuel Blythe, the na tural and lawful fatherof Frederick Augustus Blythe, a minor, against Sarah Soden, falsely called Blythe. The Learned Judge of the Court below, on the 28th of June last, pronounced-the said marriage null and void ; and Dr. Lushington, who was' of Counsel for the wife, immediately asserted an appeal, with a view to any benefit that might be taken under the provisions of the then pending new Marriage Act. Subsequent. to the passing of that sentence, and on the 22d of July last, the new Marriage Act received the Royal assent. The appeal was lodged in this Court and duly prosecuted. On the part of Mrs. Blythe an allegation was now given in, pleading the new Marriage Act, and certain facts which, Dr. Lushington contended, brought the case so within the provisions of the Act, as to found his prayer that the sentence of the Court below might be reversed. The allegation in question consisted of: two articles only; the first pleading the new Marriage Act—and the other, that Frederick' Augustus Blythe and his wife Sarah did continue to live together till the commencement of the cause in the Consistory Court, and had only suspended their cohabitation in consequence of those proceedings ; and therefore that Mrs. Blythe was entitled to have the sentence re versed on the authority of the second clause (3 Geo. IV. c. - 75),* which is in these words :—" And be it further enacted, that in all cases of marriage had and solemnized by license before the passing of this Act, without any such consent as is required by so much of the said Statute as is heieinbefore recited, and where the parties shall have continued to live toge ther as husband and wife till the death of one of them, or till the passing of this Act; or shall only have dis continued their cohabitation for the purpose of or during the pending of any proceedings touching the validity of such marriage; such marriage, if not otherwise invalid, shall be deemed to be good and valid to all intents and purposes whatsoever. Dr. SwAsey and Dr. JENNEIt argued against the admission of this allegation, contending that the pretended marriage in this case-having been declared null and void. by a competent tribunal, under the then existing law, could not now be reversed by the superior Court. ND protest was ever entered, nor could any haie ever been sustained, against the juris diction in question, pending the* . proceedings ; a:id consequently, though that jurisdiction might be said to have been suspended by reason of the appeal, so far as to take away from it any power of enforcing its sentence previously to the result of the appeal being published, the mere fact of appeal could not take away the jurisdiction. As to the terms of clause 2d, they evidently applied not to the present case, which was not one contemplated by the framers of the Act : for where of two parties one was to he bound by the Statute, and the other to take a benefit under it, it surely could nut have been the intention of the Legislature to confer that benefit on the party which had acted " in fraudem legis," as the law stood at the time. The Learned Counsel submitted that this allegation ought not to be admitted to proof. Dr. Lusti I X GTON. felt that it was not necessary for him to urge that there were not many anomalies in the Act : but this Cpurt, and all the other Courts, would of course endeavour to arrive as nearly as pos sible at the true intent and Meaning of the Legisla ture. Now he contended that the obligation con tained in the second clause was.meant by the Legis lature to include those who, at the time of passing the Act, were in a course of litigation in suits like the present. A strong measure this, , undoubtedly ; but that it was adopted with the view or repressing the evils which were every day occurring under the old marriage law (26 George 11. c. the .preamble of the Act sufficiently skewed; for after reciting the objects and enactments of the 26th of George 11. it proceeded thus—" And whereas great evils and. in justice have arisen from such provisions, for remedy hereof be it enacted," &c. This was, therefore, in every respect a remedial Statute, expressly casting a censure on the old law. The Learned Counsel con cluded his argument by contending that his party was entitled to the benefit of the second clause, and that the allegation ought to be adanitted. Sir Joan Nionot.r. observed, that the new Mar riage Act passed about a month after the sentence of the Court below. The present allegation pleaded the Actin one article, and certain facts in the other, which, it was contended, brought the case within the provisions of the Act—namely, that these parties, F. A. Blythe and Sarah Blythe, lived together until the institution of proceedings in the Consistory Court, as husband and wife, and only discontinued their coha bitation pending the trial of the validity of their mar riage. Now, had the Act of Parliament stopped at the second clause,* would seem that the case did come within the Statute : but the very next clause, the third,. was in these words—" Provided always, nd be it enacted, that nothing in this Act contained shall extend to render valid any marriage declared invalid by any Court of anmpetent jurisdiction befitre the passing -of this Act, nor any marriage where either of tic parties shall at any time afterwards during the life of the other party have lawfully inter : married with am other person." Now this marriage. t * . . •:-? • tat. - 1- ter . hid beta atclorod bia l totuttf competent jurisdiction, and dieesitito was.pxt out of die opera tion .of .the second dime, and clearly time finder Ike of the third. The Leiwned Judge, after Com menting on the argument of Mrs., Blythe's Counsel, and expressing his opinion that an appeal by no means extinguished a sentence, but only kept it in abeyance, decided at once to reject this allegation, in order to conclude the cause in this Court, and to give the party, if she should be so disposed, the opportunity of carrying it, without loss of time, before the supe rior jurisdiction. SHOCKING MURDER AT MITCHAM. Saturday night, at a late hour, James Manning, a poor brick layer, returning from his work, was murdered in Grayhound lane, Mitcham. He was found early yesterday morning in a ditch, with his brains knocked out. MURDER NEAR AYLESBURY. . Croker and Randall, who stand committed to Aylesbury j;111 to take their trial for this offence, have maintained a sullen silence respecting the mnrder; and have not said anything from which an acknow ledgment of their guilt can be collected. Barnacle, the woman, only repeats the circumstances which she . stated' before the Magistrates at Berkham pstead. Friday, an examination of a mays of the name of Rowe took place before the Earl of BRIDGEWATER, and several other local Magistrates, at the Noble Earl's mansion, which lasted nearly six hours. The circumstances under which this investigation took place were these :—Rowe, who lives in the neighbour hood of Tring, was one of the witnesses who ap peared before the Magistrates at. Be. khampstead, and proved his having seen the prisoners the night of the murder at Tring, in company with their female corn, panion. He also spoke to the declaration of Croker, as he and his companions were setting out on their fatal errand, namely—" that they had a job to do, and were afraid they should be too late." It further appeared, a:A Rowe had drank with them in the public-house at which they had been stopping. On, I'Thursday, the same man, Rowe, came forward, and prodked two bundles, which he stated he had found secreted-under a hedge and covered with grass, in a 1 field near -to Cowroest, on the road from Tring to Little Gaddesden, where, it will be recollected, the ' prisoners were apprehended. These bandies, on being examined, were found to contain a pistol, which was known to be the property of Needle, and which he kept at the toll-house for protection ; a gown, and several articles of wearing apparel, which had been Mrs. Needle's ; two silver spoons, also the property of the unhappy Couple, and several other things, which it was evident had been taken from the house after• their death. The singularity of the circumstance,of Rowe, who was the last person in the company of the prisoners on the night of the murder, being the first ludividual to find this property, the loss of which had.been pro claimed by the friends of the deceased, naturally ex cited suspicions towards him, as having been in some way a participator in the offence; and berme the Ma gistrates felt it their duty to again minutely inquire into all the facts of the case, and to al' upon Rowe satisfactorily to account, first for his time and occu pation on the luckless night, and next for . the_manner in which he had been led to the secret .clepbiitory of the spoil. Upon these pOints, we understand, Rowe gave every necessary explanation, and ultimately suc ceeded in satisfying the minds - of the Magistrates as to his innocence. He was in consequence discharged, upon an understanding that he should again attend when his presence might be required. The terror occasioned by this foul transaction has not yet subsided; and among the humbler classes of the surrounding neighbourhood the scene of inhuman slaughter is regarded with a species of superstitious dread. The cow-house or shed in which the mur-. derers prepared their instrument of death, which, as we before stated, was a rough piece of rail, shaped. to a handle at one end, attracts the attention of all passengers, and the chips cut from the bludgeon, as well as the drops of tallow, which had fallen from the candle it was known they had lighted, are viewed with feelings of the deepest horror. Indeed it seems to be scarcely possible that any human being could, with such cool deliberation, and with so little occasion, have resolved on so. bloody a purpose.—Observer. 1 BARBAROUS MURDER.—Thursday (28th ult.) an Inquest was held at the puhlie•house at Tingewick, Bucks, before Mr. BURNHAM, Coroner for that County, on view of the body of Wells, keeper of the Old Angel public-house, at Buckingham, who was found murdered on the road, near the turnpike at Tinge- , wicks It appeared that the deceased, with another man named Brewerton, was returning in a gig, from a Meeting held at Banbury for letting turnpike-tolls, on Monday last, and had quarrelled on their road home: Brewerton had been heard to say, " he would do for him." When the deceased was found, it was at first supposed his death was occasioned by . falling lout of the gig; but ott a closer inspection of the wounds, there was no doubt of his having been bru tally murdered. He had several severe blows about the head and face, and one blow across his hand, which it was probable was received when endeavour ing to save them from his head. After a very long investigation, the Jury returned a verdict of Wilful Murder against some person or persons unknown. Collo/rues Isionesr.—An Inquisition was taken in the Penitentiary at Millbank, on Saturday after noon, before THOMAS }boos, Esq. Deputy Coroner for Westminster, on the body of Sarah Beattie, a convict, deceased. Mr. John Crouch, the Governor, sworn, deposed that the deceased was tried on the 16th July, 1819, at Horsham, and convicted of steal ing some wearing apparel, for which she was sen tenced to be transported for seven years, and her sentence afterwards commuted to five years confine ment in the Penitentiary, where she was received on the 18th August following, and remained until she' died. She was 21 years of age. Mr. John Pratt, the surgeon, sworn, deposed that the deceased was removed to the Infirmary on. the 28th October, with an attack of fever, which, however, mated, and she got better. On the 28th November she was again seized with the fever, which,raged with great violence until the 29th; when she expired at ten minutes past ten o'clotk its the "morning. She was attended by himself 10 Dr. Hutchinson, who administered every thing the case flltpdrede.Die4 of the vidurtloa of Oeo. .' UNTIPrRS77It INIILLVExcE. • 07CPORD, NOVEMiRR 30. Thursday; Mr. Owen Jenkins, B.A. Scholar of Jesus Caney ; was ideated Fellow of that Society. Yesterday, Messrs. Unwin, Morriss, and Blunt, warn, elected Scholars of Corpus Christi College for the Diocese of Chester ; and Mr. Lambert, far the Diocese of Wilts. Yesterday, Mr. Charles Coflyns Walkey, Commoner of 114 liol College, and Mr. Morrell, son of Baker Morrell, Ea 1 , this eity,'Were elected Eahibitioners of lialUol College. Saturday, the name* of the Rev. John Dull, B.D. Student Christ Church; the Rev. John Hume Spry, M.A. of out ! College ; the Rev. James Endell Tyler, M.A. Fellow of Or-i College • the Rev. Zacharias Henry iiiddulph, M.A. Fellow 44. Magdalen College; the Rev. George Chandler, 13.C.L. o f College, who had been respectively nominated to succeed to tl:e office of Select Preachers at Michaelmas nest, were approv.l in Convocation. Same day, in Congregation, the following were admitte:.! to degrees: DOCTOR IN CIVIL LAW. The Rev. Alexander Nieholl, B.C.L. Regius Professor d Hebrew, and Canon of Christ Church. ISASTIRS OF •RTIL Henry Alison Dodd, Taberdar of_Queen's College. The 11ev. John Robert Edgar, Trinity College. The Rev. Samuel Turner, University College. John Sheffield Co; Fellow of Pembroke College. BACHOLORS or AIM. William Woodley Cerjat, Eel. Trinity College, Grand Q. pounder. Alexander Wright Daniel, St. Alban I-lall. Thomas .Oliver Goodehild, Exeter College. Thomas Deacle, Lincoln College. William Ralph Churton, Michel's Scholar of Queen's 01.149, Christopher Flood, Wadlsam College. Edmund Currie, ditto. Henry John. Dawes, St. Edmund Hall. John Frederick Benjafield, Trinity College. Robert Vernon Smith, Christ Church. John Cheaies, Brasennose College. William Rutland, Pembroke College. George Ilinstead Farrant, St. John's College. Edward Dawson, Oriel College. Fretchetville Lawson Ballantine Dykes, Oriel College. John Davies, Jesus College. ECCLESIASTICAL PROMOTIONS. The Rev. Richard Eastcatt, to the Rectory of Ringnsere, Devonshire. Thursday se'nnight, the Rev. Robert Ralph' Smith, N. A. Fellow of New College, to the Vicarage of Adderbury, °mord shire, void by the death of the Rev. liolford Cotton. M.A. and. the Rev. William liohun Yeonlans, %I.A. Fellow of New Caere, Chloral, to the Rectory of Bucknell, in the same c0u,.!.. void by the.death of the Rev. James Idea, M.A. The-Rev. Horace Robert Pechel, M.A. Fellow of Ar. Soul' College, to the Rectory of Biz, Oxfordshire, void by the ck.na of the Rev. H. lfratheote. The Rev. George Musgrave Musgrave, M.A. of Brasennose 'College, Oxford, is appointed Domestic Chaplain Lo tLe Lid of Besborough. The Rev. T. Davies, jun. 11:A. of Wenyne, Glamorganshire, and Fellow of Oriel College, afford, to the con-olidated livin:s of Landough, Cogan, and Leckwith, near Cardiff. Tuesday st'nnight, the Magistrates and Council of Glasgow, as Patrons, elected the Rev. James 13arr, D. D. of Olch a:. street Chapel, Liverpool, to the Church and Parish of Glasgow, void by the death of the ltev. John Forrest. In the year 1749, a labouring man having by ac cident swallcwed the feather of a large quill, *hen in the stomach, caused considerable pain, a sur geon resorted to the folloWing experiment of relieving his patient from his troublesome companion :—He bored a putol bu'lerthroini , brorder tcr attach it more • securely to a string; this he made him swallow, and by rolling the man round several times one particu lar way, the thread twisted round the quill,' and cu drawing it up,..he found the quill suspended tole, but little damaged by its confinement for four or fife days brso disagreeable an 'abode ! A rat was found in a barn near Birmingham a few days ago, the death of which had been occasioned he as: growth of two teeth in the shape of tusks, one or which, it appeared,,had penetrated its brain. 111 HT EIS. At Laughton, in Sussex, the Lady of Lieutenant-Colony Downman, IL 11. Artillery and C.H. of a sun. Sunday se'nnight, at Cork, the Lady of 11ajor Edward. Wild man, of the 6th Dragoon Guards, of a daughter. MARRIED. The Rev. William Seaton, of Wandsworth, Surrey, to Mary Anne, relict of Charles Morgan, Esq. and sister to Sir Clarks Owen, Ban. M.P. - Nov. 14, John Hinman Esq. Great Russell-street, !Pawns bury, to Kate, only child Of the late Maine Charles Blwlen, cf. the 19th Dragoons. Tuesday last, at Mount Catherine, near Limerick, the Hon. Thomas Browne, brother of the Earkof Kenmore, to Miss Cathe rine O'Callaghan, daughter and co-heiress of the late Edmund O'Callaghan, Kn. of Kilgory, in the county of Clare. • At Chatham ch;:rch, .by banns, Nov. 27, alter a tedious widowhood of ten weeks, Mr. John Edv, Barrack-Serjeant, to Miss Mary Nicholls, late of Bronipton, Kent. Wednesday, at Norton, hi the comity of Radnor, John Lucy Sendlintore . ' Esq. of Kentchurch' Park, in the same county, to Sarah Laur a, eldest daughter of Sir Harford. Jones, Bart. of Boultibrook, The testimonies of good-will which the family at Bonitibrook received on this occasion were highly gratifying ; the bride was conducted to Church by the tenants, tradesmen, and neighbours of Sir Harford, on horseback, decorated with favours (about 40 in number), and who afterwards escorted the bride to the confines of the county of Radnor. In the evening they sat down to dinner at the Radnorshire Arms, in Preueige, where mirth and festivity enlivened the board till an early hour in the morning. The town of Presteign was illuminated at night, a bonfire was made on the Warren, and sheep were roasted whole at Presteign and Norton. Another party of Sir Ilarford's tradesmen were entertained at the Bull, and Sir Ilarford's work men dined together at the Castle, in Norton. The bride and bridegroom were preceded through Presteign by 1:1 young te males, dressed in white, strewing flowers before the cArrtage. At Kentchurch, the seat of Mr. Scudamore, the happy pdic were received with the most enthusiastic tlemonstratious of at tachment by the tenantry, who had assembled at Grossmw t (50 in number), where they dined in the Town Hall, and alto wat ds, with Mr. Tudor at their head, proceeded to Wormbridge, where they met the bride and bridegroom, and escorted them to eha family mansion. After heartily cheering the new married couple, and wishing them health and happiness, the tenantry returned to Groumont to spend the evening, where a large bonfire was made, and cider and meat were distributed to the populace. DIED. Thursday evening, in Fitzgibbon -street, Dublin, after a linger ing illnessohe Honourable and Rev. Lorenzo Hely liutchinson, youngest brother of the Earl of Donougbmore. At Edrbm Manse, on the 10th instant, the Rev. John Have. At Eyam Rectory, the Rev. Mr. Hargreave, Rector of that Parish. Sunday se'nnight, at the Vicarage, Bishop's Lavingtoo. in her 19th year, Maria Dorothea Frances, third daughter of the Rev. • Dr. Maids: Nov. 18, at his house near Lisnaskea, the Rev. Andrew Ma gonnell, Parish Priest of Aghalurcher, after as illness of four weeks, brought on by the discharge of his pastoral duties. Nov.' 28, at Brampton, aged 70; Mrs. Mary A n n, widow of the late li. Catts, Esti. of the lion. East India Company's Com missariat Depart meat. MAILS. ♦RR. MI E.. Dublin . *4 0 Waterford 0 2 Zuetnsey and Jersey 0 2 Lisbon 1 0 Holland 0 1 A le. Dun Prance 1 0 Hamburgl 0 2 Flanders 0 1 Malta 0 0 Gottenburgh 0 3 -------- lAtititi•w ATlalt at LONDON BRIDGE TO-MOttlt. ) Dictums - - b minutes after 4 • Aftenionn - 19 minutes after S LONDON: ?r►nted and published by Isar. KIN; Nig* piace, 'l'cnrp!C•b+r. I r