Star. — London, England, 1821-11-28 00:00:00

LAW INTELLIGEACE. COURT OF KING'S BENCH, NOVEMBER 97. COLONEL &MLLE v. TIIE MARSHAL OF THE ICING'S BENCH PRISON. • Mr. GURNEViiiid - , - e•lie had now to chew cause iiainst a Rule obtained in the last Term by Mr. Goaper, calling on Mr. Jones, the Marshal , to shew cause why he should not answer the matters of an affidavit filed by Colonel Bailie, a prisoner in the Bench. —stew, when it was recollected that Mr. Jones had lheld the situation of Marshal for upwards of thirty years, and in the course of that period had had under controul many thousands of unfortunate persons, few of whom could be supposed to be in a state of mind likely to tender thcm very well satisfied with their situation, he (Mr. Gurney) thought he could not state a circumstance more honourable to his client than this plain fact—that this complaint of Colonel Bailie was the first that ever had been preferred against him. The causes of the present complaint were stated to have arisen in the latter part of De ccmber, 1820, but no affidavit of complaint was made by Colonel Bailie until the 2d of July last.— Their Lordships should also be informed that the causes of complaint were said to be the conduct of the person who kept the Coffee-house in the prison; but the complainant either forgot or neglected to state that this individual was removed from that situ ati4at lo; g before the affidavit of complainant was filed. In fact, the ground of Colonel Baiiie's corn plaint did appear to be, that the Marshal would not grant him the Rules without having security. Mr. Gurney then proceeded to detail the facts stated in Colonel Bailie s affidavit, which stated that, from July, 1820, to February, 1821, he was in the Bench, and occupied an apartment over the Coffee house, for which he paid O. 9s. per meek ; that Isis health was bad, and that his rest was frequently disturbed at late and unseasonable hours by singing, and other noises and irregularities. That he remonstrated with Pool, the keeper of the Coffee-house, but he was only answered by .impertinence, and a repetition of the annoyances. He afterwards threatened to complain of him to the Marshal ; but this had no effect, and a•person named Mead, and some others confined in the prison, joined in insulting him and defending Pool. He (Colonel Bailie) did ultimately complain to the Marshal, who, however, disregarded his corn phints against Pool, and refused to notice the con duct of Colonel Mead, and the other persons against whom lie (Colonel Bailie) had reason to complain, because Colonel Mead was a relative of Lord Castle reagh. That the ;hoses in the prison were entir.; Mous, the Marshal taking no notice of them, leaving the entire regulation of the prison to Mr. Biuchoffe, the Deputy Marshal, and never visiting the prison himpelf. That the prisoners were fearful of uttering any complaint, lest they should be subjected to greater restraints and abuses; and further, that the Marshal, from personal motives, had refused to grant him (Colonel Bailie) the Rules of the prison, as was common in ordinary cases. Mr. Gurney now put in the Iffidavit of Mr. Jones, contradicting the facts stated in Colonel Bailie's affidavit. He denied that he bad refused to grant the liberty of the Rules to' Colonel Baklie; he had only declined doing so unless Colonel Bailie gave him the usual security. With respect to the complaint against Pool, he (Mr. Jones) had immediately attended to it, and remonstrated with Pool, and told him, unless he conformed strictly to the rules of the prison, he must quit the Coffee-house. That Pool did, in fact, quit the Coffee-house at Lady day last. Mr. Jones also denied the allegation of Colonel Bailie, as regarded Colonel Mead. What he (Jones) had said, was, that he could not commit Colonel Mead to Horsemonger.lane, as Colonel Bailie • wished, as no assault had been committed. That with regard to Colonel Mead being a relation of Lord C t'.th:reagh, all that had passed on that sub ject was in consequence of an observation of Colonel Bailie, that M. Mead was no Colonel ; to which the deponent observed, he believed that Mr. Mead was a Colot.el, he being of a good fainily in Ireland, and a distant relation of Lord Castlereagh. Mr. Jones further stated, that as soon as Mr. Bailie complained of his accommodation at the Coffee-house, lie made inquiries, and procured for him rooms in the State apartments. He communicated this circumstance to Colonel Bailie, who, notwithstanding this, still continued for duce weeks longer, by choice, to oc cupy his apartments over the Coffee-mom. fhe affi davit also proceeded to state, that lie (the Marshal) regulaily •visited every room in the prison once a month, according u' the Rule of Court,. and often other times; and that he verily believed Colo nel Bailie's complaint to have originated in his re fusing to grant the Rules without proper securities. That he had upwards of 23,000 prisoners under his care since he held the situation of Marshal ; that lie had spent the greater portion of his time at the resi dence of the Marshal at the prison, and had only ab sented himself for short periods occasionally, on which occasions he resided at Putney, as being in the immediate vicinity of the metropolis; that his periods of absence, since the death of Lord Ellenborough, had been shorter and less frequent than those which had fotmerly been sanctioned by that Noble Lord mad Lord Kenyon: if, however, the Court should now consider constant residence necessary, he would bow with submission to that decision. The affidavit con cluded by declaring that he was not conscious of ever having given a prisoner , whilst under his care, guy cause of —The affidavit of Mr. Bru cnoffe, the Deputy Marshal, was also put in, which gated, amongst other facts, that he had orders from the Marshal to grant to Colonel Bailie the Rules on the usual terms; and that Colonel Bailie had de clared he would be revenged on the Marshal for Withholding the Rules from him.—The afgilax,its of Pool, and other persons, were also put in, in which the alleged irregularities in the coffee-room were de nied. Having read these affidavits, he (Mr. Gurney) trusted their Lordships would be fully convinced there was not the slightest round for the allegations contained in Bailie's affidavit . Mr. COOPER, in reply, said, he certainly was, en titled to state who Colonel Bailie was: that Gentle men was a Colonel in the West Middlesex Militia, and was related to one of the most honourable fami lies in England, the Uxbridge family. The Learned Counsel examined All the charges against the Mar shal, and pat ticularly deprecated a charge of suffer ing persons named Elsworthy, 13annister, Colvin, and recidsam, to hold rooms in the prison, wheat they were not residiAg in the prison. It was important that no rooms should be left without chums, because a drunken cobbler or tinker, for Want of these rooms, might be chuntaied with persons like Colonel Bailie. Mr. Justice BEST said, there was no fear of that, when such persons could pay . O. 9s. per week out of their creditors' money. Mr. COOPER then contended, that the Marshal was bound to make inquiry respecting the disturbance which happened between the two Colonels, by con fronting them, and not by separate examination, from which no justice could arise. It was worse than the mode of deciding what was related in Rabelais, where the Judge, after hearing the arguments on both sides. retired to his closet and threw dice! The man who had the greatest number of spots was de• dared to be right. Mr. Cooper then contended that the non-residence of Mr. Jones placed the rights of Englishmen in jeopardy. A Deputy might take it in his head to discharge the important duty of com mitting persons to the county jail, and ignorantly or wantonly do a great deal of mischief.. . The LORD CHIEF JUSTICE said none could exer-' cise that power but the Marshal, and Mr. Ctkpee was Aviong in arguing that the power was dele gated. It never had been exercised by any other than the Marshal. Mr. COOPER still contended that t he non-residence ' of the Marshal might be I .re !active of serious mis chief; and he observed, that Mr. Jones could not bet, ignorant of the illegality - of non-residence in the pri son, because he has himself been instrumental in the removal of a Mr. Bryant, on the ground of non-resi dence. If Colonel Bailie's conduct had been irre gular, which, however, he denied, the circumstance could not justify Mr. Jones in permitting disturb ance and improper.practices in the prison. Colonel Bailie would do his cotintry much service by bring ing these irregularities before the Court, which would remedy the same as quickly as echo followed sound. The Public expected the Court to do their duty. Mr. Justice BEsT.—lt is not for us to regard what the Public expect. We will do our duty. I never will sit and hear the opinion of the Public held out as a threat. Mr. COOPER said, he had no intention to offend the Court. He addressed them upon popular arguments. Mr. Justice Blackstone had wisely said, that " next to doing right it is important in the administration of justice to give public satisfaction." The elegant Junius also said, that" a strict and proper administra— tion of justice was perhaps the best bond to secure the affections of the People and engage them to the Go vernment." His object was only to urge legal argu ments, and not to threaten the Court. Mr. Corrry followed on the same side. The Come JUSTICE, after some consultation, said the Court would make a Rule on the subject to-morrow. THE KING V. THE WEST MIDDLESEXWATER COMPANY. Mr. SCARLETT opposed a Rule obtained by Mr. Littledale for a Mandamus, calling on the West Mid dlesex Water Company, to shew cause why they should not supply water at the rates originally paid. The Mandamus was applied for on behalf of the pa rishes of St. Pancras, Mary-la-Bonne, and Padding ton, on the ground of monopoly. Several meetings were held by the inhabitants of other parishes, for the purpose of rai,ing funds to support the proceed ings against the Company in Law and Equity. Mr. Scarlett now contended that no return could be made to such Mandamus. It was impossible the Company Could rate all families alike, or continue upon the original rates without absolute ruin, and a stoppage of the supply of water the Public now enjoy. Mr, Detoras, on the same side, read part of a Re port made by a Committee of the House of Com mons, sitting upon the subject, in which they state the great difficulty in coming to a just conclusion, without much acute investigation than they had been able to make. Mr. LITTLEDALE and Mr. BROUGHAM were heard in support of the Rule. The Court were of opinion the Rule could not be made absolute. It would appear that they might direct the Company to make reasonable rates for wa ter supplied, but they had no information with re• spect to what would be reasonable rates. Parliament seemed to be the only resource for an opposite re medy. If a maximum of price had been established, this dispute might have been settled. Rule discharged. IN THE MATTER OF SWAINEURY. A person named Swainbury complained last Term that a tipstaff had taken ten shillings and sixpence for conveying him to prison, when the demand by the regula ion in the 17th of George 1L was no more than six shillings. The Coin t, upon bearing the affidavit of the officer this day, stating that he had acted upon the allowance usually made by the Master, ordered him to pay the costs of this application, and repay the surcharge. They also made an order that 10s. 6d. cannot be le gally demanded in future cases. COURT OF EXCHEQUER, NOVEMBER 27. Mr. TAUNTON moved, on behalf of Mr. Parkins, formerly Sheriff of London and Middlesex, for a Rule to shew cause why the books of the Under-Sheriffs, so far as they related to Mr. Parkins's Sbrievalty, should not be open to his inspection, for the purpose of inquiring into the appropriation of certain sums alleged to be due to the Crown. The Learned Counsel was proceeding to state the grounds of his motion, when The COURT interposed, and observed that they had no jurisdiction, in consequence of the length of time which bad elapsed since Mr. Parkins went out of office.—Motion refused. • ADMIRALTY COURT, NOVEMBER 27. SHIP DUNDEE. This was a question of damages, for the loss of the Berwick smack Princess Charlotte, which was run down by the Dundee, Greenlander, in the Swyn, or entrance of the Thames, on the evening of the 9th of March, 1820. The total loss of- the vessel and mer chandise on board was estimated at £BOOO. The point at issue is, whether the damage arose from the alleged negligence or unskilful management of the one vessel or the other, it being charged against the Dundee, that the Captain, pilot and crew, were in a state of intoxication when the accident took place. The witnesses, for the smack deposed, Oat when they stepped on board the Dundee, having had time merely to save themselves from going down with the vessel, the Master of the latter exclaimed, " It was a bad job, and was entirely their own fault :" and the pilot, " I shall be a broken man." It was not shifting the helm that caused the accident. The Mater of the Dundee wished the helmsman's head had been under the ship's bottom. The charge of negligence, unskilfulness, and drunkenness, together with the confession, was dis tinctly negatived by the evidence of the Master and crew of the Dundee. The case stands over for further argument. Bow•matr.--Joseph Treble and John Ashman were put to the bar, accused of having received a quantity of paper-hanging from a man named Long, a porter in the employment of Messrs. Cox, of Play house-yard, Whitecross- street, knowing him (Long) to have stolen it from his employers. Long has been committed for trial some days ago, with two other men, charged also with receiving the stolen pro y. The present prisoners wer e then remanded, rwant of sufficient evidence to warrant th eir final or rt committal.—Mr. ALLEY attended yesterday on be half of the prosecutors, and stated that Mr. AiooL PI,UB and he having had a consultation upon the sub *t, were both decidedly of opinion, that it was ab solutely necessary to accept the offer of the prisoner Treble to be allowed to become a witness for the Crown, as without his testimony they could not pos eibly convict the other prisoner. After some little discussion on this subject, Joseph Treble was sworn. and stated that he wasa paper-hanger, living at No. 1 23'2, Upper Thames-street, nnd knew the prisoner Ashman, 'who was also a paper-hanger. The witness then proceeded to relate the manner in shish the prisoner had procured, through his means, the paper in question from Long, for which he paid him con- 1 siderably under the trade prices; and he swore that Ashman knew from him (Treble) that Long had stolen it from his einplo)ers.—(Here the pri,soner, who is a respectable-looking man, cast a look of in-, dignation at the witness, and ontrmored the words Perjured scoundrel.”)—After the depositions of Mr. Clements, an architect, who had employed the pri soner to paper some new houses of his in Dorset place, Clapham-road, and which he papered with part of what he bad purchased front Lotig, were taken, as well as those of the officers who apprehended him, and of Mr. Cox, who stated that he and his brother had been robbed to an amazing extent for some time past, the witnesses were bound over to prosecute, and the prisoner committed for trial.— Treble was ordered to be kept in custody also. !Valiant Percival, a private soldier in the Ist regi ment of Grenadier Guards, was brought up by Jeffer y s, charged with a burglary in the Red Lion public house, Chandler-street, Hanover-square. The pr i soner was quartered in that public-house, and here tofore had borne an excellent character both there and in the regiment, in which he was a non-com missioned officer, but about three months ago he ad dicted himself to drinking, and was in consequence broke. On Monday night he absented himself from his quarters, and when the family was retired to rest be returned, and climbing up the roof of the kitchen be got in at one of the chamber windows and stole a Valuable silver watch, with which he decamped. Be fore daylight, however, be was met in company of a woman, walking along Coventry-street, by a serjeant and corporal of his regiment, who took him into cus tody for being out of his quarters, when he spewed great unwillingness to part with the woman, saying she had got his watch. The woman admitted this, but refused to give it up unless she received a shil ling, which, according to her account, was owing to fiber by the prisoner. The corporal gave her a shit ling and obtained the watch ; and this watch turned ,gut to be the. identical one stolen from his guar ters. In his defence before the Magistrate, he denied all knowledge of the robbery, and said the watch had been given to him.—lie was committed for trial. MA RLBOROUGII•STREET.—THE LATE OUTRAGE IN CHARLES-STREET.—Yesterday, Hannah Pethick, Ma ria Angel, Mary Haggerty, and John Burnell, charged with being concerned in attacking and throwing igr. Thayers out of the window of a house in Charles street, underwent another examination. The evidence adduced went to prove that Burnell was in the house at the time, and quitted it immediately after the trans action; and Thayers, who was much recovered, added many particulars to his former testimony, but did not identify any of the prisoners as concerned in the out rage. They were remanded.—The Parish Officers have established a regular party of patrol in Charles street, who remain on duty night and day ; and the neighbourhood has been kept in considerable order since the addition of this most necessary regulation. UN ION•H A LL.- PaoritET.—Joseph Decker, a man attired in a rather primitive style, with a cloak wrapped round his body, a leather girdle round his loins, a long beard, barefooted and bareheaded, with a staff in his band, a native of Boston, in Ame rica, who has for a considerable time resided in Virginia-court, Elizabeth-row, Dock-head, and gone about the villages in the neighbourhood of Londoui preaching and baptizing in the open air, was yester day charged by the Rector's. Warden of Camberwell with being an impostor and a vagabond, and with creating a riot on Monday night at Camberwell. On Monday afternoon, a female, one of Decker's fol lowers, appointed to meet him at Camberwell, for the purpose of being there baptized by him in Cam berwell Canal. On her arrival, he offered up a prayer on her behalf. The people paid great attention to him till he took the woman by the hand (she having fastened her clothes down to the lower part of her legs), and led her into the canal; when they began to shout and huzza, and throw dead dogs and cats ,into the water. He requested the good people to be quiet for a few moments. Silence being a little re stored, he took his station in the water, by the woman's aide, and having put one hand to her shoulders, after, a few questions, dipped her, by gently forcing her into the water backwards. She came out dripping wet. A cloak was then thrown over her, she shook hands with Decker, and walked home, four miles, in her wet apparel. As soon as she was gone, the crowd assembled began to play tricks with Decker ; they pushed him into the water, trod upon his feet, and buffeted him about. The Churchwardens interfered, and brought him to Union-Hall, but it being eight o clock before he arrived, the Magistrate was gone, And he was ordered to be taken to the watch-house till next day. On his being brought before Air. CHAMBERS, the Magistrate, it appeared that the pri soner had committed no legal offence, he had not begged alms ; when money was offered to him—and some persons did offer him sovereigns—he revised ,to touch the money. If any we asked him to eat, ), t would take a little, just eaou gh to support nature but if money was put in his lap be would put it and leave them, wishing them good speed: CHAMBERS said the man was a foolish 1, 3 t his conduct was harmless, and ordered him to b e discharged. The prisoner said, that for four years he had been called to preach Cutnisr, and he ha gone on his luster's business, without purse or scrii. ) . he had not touched coin for that period, and yet i; never wanted food. Elijah was I,:d by ravens, and Gon also provided for him. His object is to restn ee primitive Christianity ; and the mission whkb he received from Gon is to go among the heathen, l l * Greeks, and Turks, to convert them to true tianity. He is soon to set sail for Greece, ; 11 ,14 visit Jerusalem. His passage has been paid by a t tl. , tleman, a friend of his. He was asked to prnsernv, the persons who assaulted him at Camberwell, budge replied, No, Gon forbid that I should pa any r mal -in bondage ! Gou forgive them, they knew not who they did !" Lam amt-sTnEET.--Mary Short was charged by William Stokes with robbing and attempting to der him. The prosecutor, an elderly m all , on Sa turday night accompanied the prisoner into als brothel in George-yard, NVhitechapel, when he was knocked down, beat in a cruel manner, ar.d rubbed n g of 13s. 4d. and a paper of tea.—Committed for tri a l. GALVANISM.—The body of George non:, wh o w as executed at Aberdeen last Saturday week, ha v i been given for dissection to Drs. FICENE and Elm o , was subjected to a series of galvanic experime zt ,. The body was brought into the diss.cting-r,;m 0 ,:,, about an Ivar after the suspension, and still retained nearly its natui al heat. The upper part oldie spinal cord and the sciatic nerve were immediately l: i 1 bare, and a galvanic arc was then established, by aeplyin. the po.itive wire to the spine, and the negative to t!ii sciatic nerve, when a general convulsive starting n i the body was produced. Another communicant* was then made between the spine and the ohm nerve, and considerable contractions took Ilace in the arm and fore-arm. When the circle was !orn;c:l tint the spine and radial nerve, both at the eil;:al and wrist succes y, powerful contractions of the min. cies of the whole arm and hand were produce.;. 'The hand was closed with such violence, as to resist the es. ertions of one of the assistants to keep it o;.en. Was a connexion was established between the radial rem and the supra and infra orbital nerves, s-r-elig tractions of die muscles of the blow, face, and mouth, were produced, so as to affect the under jaw, and to distort the countenance in a very singular manner. flue eye-lids were strongly contracted ; and when the wire was applied directly to the ball of the eye, the iris contracted and dilated very sensibly. A galva nic circle being formed, first between the par vague and diaphragm, and then between that muscle aai the great sympathetic, little obvious effect was pro duced. After applying galvanism directly to the nerves above mentioned, the skin of the face was moistened w ida water, and upon running &sit over different parts of it, similar effects wet pro- duced in the muscles of the face, as by directcoweae nication made with the nerves. The tongue %tulles moved in all directions, by touching the surface with the galvanic wire. The whole experiments were per formed in about an hour and a quarter, when the heat of the body was considerably diminished. A power. ful galvanic apparatus (consisting of about SOO pair of plates) was used ; but from not being insulated a considerable quantity of the galvanism escaped, se that every metallic substance about the table was highly charged. BIRTHS. Nov. IZ, at Sharpham, in Devon, the Lady of John Bassi, Esq. M. P. Captain in the Royal Navy, of a son. A few days ago, at Claditch, near Inverary, the wife fills bouriag men, of tiro fine boys and a girl, who, with the axe* are doing well. What is something remarkable, the fathesisal of three at a birth! MARRIED. Nov. 10, at Craighead, the Rcv. Archibald Bruce, one slat Ministers of Stirling. to Georgina, eldest daughter of Wel Batik% Esq. of Craighead. Nov. 12, at Callender, Mr. John M'Kinlay, late of the rl Regiment, to Johanna, only child of the late Mr. John NU lay, of Ardwhillary. Tuesday sennight, at Seillingfiret, Stion, of 110114 to Mary Dobson. of Kelfield. The bridegroom his had Ant wives ; his first wife died in March, 1819, and he was marrsi to a second wife in November, 1819. This second wife Ms March, 1821, and he was married to his third wile in Norm her, 1821 ; so that he has actually had three lawful wives isto years and eight months! Frlday,.at Carisbmok, Isle of Wight, Lieutenant li. ReeA of the 26th Regiment of Foot, to Clara, second daughter ly muel Acton, Req. late of Stanwell. Saturday, at Newington, Mr. William Stannard, R.N. tolls Matilda Jermer, only daughter of the late John Richardlkii water Jenner, Esq. of the Island of Antigua. DI ED. Sept. 15, at the Cape of Good Hope, Dr. Iluesey, ulsd resided there fourteen years as Inspector of Military Ilospiak Sunday, at his father's house, Gtove-street, Hackney, James Briggs, of Leadtohall-street, bookseller, aged 23. Sept. it), at Waterford, Virginia, James Muir Scott, TO June 9, at Calcutta, in the East Indies, aged 26, GrorP fourth son of Mr. Thomas Potts, merchant, of Birmiugkrule fell a victim to the prevailing disorder of that climate. Lately, at Larkbear House, near Exeter, Alargantovania t daughter of the late Bennet Langton, Esq. and the Rani° Countess of Ruthes. C4)URSIZ OF Amsterdam l2 15 C.F. Ditto at sight 12 10 Rotterdam... l2 14 2U. Antwerp, ex-mo 12 7 17 6 21U. Altuna l7 7 2/U. Paris,Ztlay's sight 25 60 U. Ditto Aladrid, effective Z 6 Cadiz diem 16 Barcelona ...... —351 Bilboa, effective 551 PRICES OF GOLI Woreign Gold in Bars . New Doubloons New Dollars Silver, in bars, standard M A T LS TUN DAY.•-• 11 R. DCP.. WattTford 0 1 Guernsey and Jersey 0 1 Holland Flanders 0 0 I‘lalta: 0 9 0 0 H 1 G ATER at LONDON DRIDGF TO-St(113'II NL.rmeg - 56 minutes Ayr 4 ---S A:zi ri.oon 11 - LONDON : Printed and publl.llel be Limit I;s:ir, Tzal .It-LLS. NUSSEII iO.B Wilk COURT v COMPANY 1 A JUST-INNES, the QUATITE tawny appointed to r WEDNESD Vooft in the Forensic itallelltellig for confirms isf the MO September, 'd Directors of the 49 Illisawaracc Gaertner, die sum of £2O lam together with an 1110 to provide a suitab The said Resolution at die Proprietors. The Court of Direct dpi Court is furtht s odas for confirmatio . Nth September las d Directors of the AWN HINDS Plate, 0 sum of .E9OOO. upon di The Report require odds the documents genosse, are open for Haim T and J, SIVEM of stick Friends at which they can have Nest Day's Drawing Drawt Prize is sure Wheel Is very Rich, c 1 11 e Cost of a Ti! AIL 18s, A Siztten • ifs Small Prize, a RI. Wad them of their 1, 411511C0, £21,000, art No, :7, Cornhill ; 11, ENRY'S CAI to be prepared ton, by Messrs. 'rum Chemists, Manchester mitt glass stoppers at for Its use, by their throughout the Unite( lesittitir names arc el lifted over the cork venders of the Iklagne &amp, Ilsmair's Aao: • Dlr. 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