Star. — London, England, 1814-02-11 00:00:00

LAM' INTBLLIGgIYCL COURT OF RING'S BENCH, FEB. 10. THE XING V. HENRY 'DUNDAS' PEHROTT4 Itithis case the defendant, a Lieutenarit inthe.Nalty, had been Indicted at a rate'Assizes for Kenr, and tried upon the provisions of the Acrof 80 - Geo. 11. for ob taining-Certain stubs of money front R. Butler and his wife, finder false,pretences. The false pretence as signedlethe indictment' was, that the defendant pre tended he possessed power and influence enough at the Admiralty, in consequenee (if his own rank in the navy, and in consequence Of his Uncle's influence, who wa i s a Lord of the Admiralty . to protect their .son . from the impress; but that it would be necessary • bealyiald be furnished with a stun of money, amoun• ling to £6, to pay certain fees to the clerks :it the Ad mir tier: TJpon this charge he was found Guilty ; but a Writ bf. Error had been moved upon the form ii;tbe indictment. The Common SELMA/a t on a for mer day, argued in support of the Objection taken to The form of the indictment, which was, that although the pretences were set forth in the indictment, it was notaverrelftilat those pretences were false, and there fore.that the indictment could not stand. Mr.* /caws now, on the part of the Crown, argued, that the indictment, and consequently the conviction, pas good. , It was averred in ..the commencement _of the indictnient, that the defendant had, under false pretences, .obtained money of the prosecutors ;—anct that it was not necessary . to negative each pretence specifically, the verdict of the Jury being sufficient to establish the charge of- false pretence. Mr. Itsoivivs, in reply, repeated his former argu menu on behalf of the defendant, and contended that where more than one pretence was set forth, there Ought to be a negative - to each specific averment. • The Court, atter - hearing the argument, observed that every indietnient ought to contain and to convey to the person accused a clear and distinct knowledge of the charge made against him. Where a charge was to be made *Anse a person of obtaining money - under a false pretence, the false pretence should be notified: Wherever a false pretence was attempted, there would be something of truth mixed with it, to ,give credence and effect mere fully to the falsehood. :Where there were several averments, as in the pre sent case, some of them might be true, though others were false; and the justice of the case required that `the false pretence should be specifically set forth, otherwise how should a defendant know against what he had to defend himself. If a man was to come into Court upon a charge of having obtained money under false pretences, without saying . how, when, or where, and upon an indictment assigning different acts, yet not saying which were the false pretences, how would it be possible for a man dragged into Coon in this state of darkness and ignorance, to make a definte, lion ever innocent he might be ?, - Such a, practice could never be reconciled with Sus tice ; the Legislature never could have intended to tolerate it. Justice to the prisoner required that the crime he was accused rf should be clearly set forth. It had not been done so in the present case, and there- fore the judgment must be reversed. Mt' Coziamorr SERJEANT said, the defendant was at present a prisoner in Maidstone Gaol. Under this 'Verdict; he Wished to ask if it would be necessary for Ifni now to apply for his liberation ? ` Lord ELLENIIGAG4;GH.—The Coat, in ordering og "Figment Matte reversed, orders him to be liberate& FEBRUARY 11. • /11/LITARY LAW.•••••IIABEAR eiMPUS. TrotTiNci said, he had to apply to their Lord ships on behalf of a Gentleman named Blake, a Lieu tenant in the Army, who was at present in , confine- . inept •for a Wear sorpas to bring him before their lordships. He made this application upon the pro visions of the 2sd article of war, which declared, di that no Officer or soldier, being put in confinement or under arrest, should 'continue so for a longer pe riod than eight days, or till a Court-martial could be conveniently assembled." The afgdavit of Lieute nant Blake, upon which' he Made this application, stated, 44 that he was at present a prisoner in the Marine Barracks at Windsor, and had been so since the 21st of-September last. Previous to that-time he had been absent on furlough, in Ireland, arid his time of furlough had not expired; but seeing thatle was advertised in a Paper called the Hu: and Cry as a deserter,' he immediately came home, and gave himself up to his regiment, which was then lying at Windsor. 'this was on the 21st of September last, anti he had been ever since a prisoner, - and was con fined till the I lah of December following in a small, apartment in the Marine Barracks, with' a centinel constantly with him, - This close confinement, how ever, having materially injured his health, and that circumstance having been represented to the Com manding Officer, he had, since that time, enjeyed, greater liberty. After he had "continued in confine ment till the lit of November, hearing nothing of being brought to tiial, he, on that day, caused a me morial to be presented to his Royal Highness the Duke of York, stating his case, and praying, that a Court Martial m i ght be appointed, to enquire into his conduct. He had, however, never received any answer to that memorial. On the 16th of Novem ber, however, he was informed the warrant for hold ing the Court Martial had been signed ; and he also understood, that some of the charges against him related to certain parts of his conduct towards some Officers of his regiment, the 55th,• whilst lying at Windsor. On the 22d of November the 55th regi ment was ordered to Holland, where it still remain ed ; and the deponeot had reason to believe, his trial could not be brought on during its absence, as many of the Officers must be necessary, as well to the sup ra of the charges preferred against him, as to his Suck Mr. TOPPING said were the contents . • ,illidavits, so that it appeared, that altlaau4h Article Of War positively said, that no Om : cer Or soldier should be confined mere than eight days, this Gentleman had been kept from the 25th September to the.l6th of November, and no charge of any kind had been brought against him, The wit tiesses necessary to his defence; as well as his accusa ..-tion, Were now abroad, and. the only prospect he had before hint, was that of being confined till their re turn, Which might not take plate till the end of the war. •He . .riow called for the interference of their Lordshif4; on the ground that more than eight days hasreiapsed; and that previous to the regiment.going abroad a .Ctitirt - Martial might hive been hold. M r; J ' uitice BAILEY observed, the words of the .13d _ ,- , - Atticle of War mere—.- 1 1 'rhat tlO Officer nr Soldier who was put under arrest, or in imprisonment, should continue so more than eight days, or till a Court could conveniently assemble." The word or, therefore, -made the 'clause exactly what it would have been if the eight days had not been mentioned. ' Mr. TOPPING—" Bnt we say, my Lord, a Court Martial might have been conveniently held before this time." Mr. Justice DAMPIER -. 44 We cannot say that." Mr. Justice Le BLANC.—" Can you furnish us a ith any instance in which a halm corpus hat been granted to take a military subject out of military custody fur a military offence ?" Mr. TOPPINCI" Certainly not, my Lord, the case of Grant and Good was before my Lord Kenyon, but the party there was remanded to his original cus tody. The present is a most important case for Mr. Blake, who, but for the interference of the Conn, may continue in custody to the end of the war. It is ,stateci e that a warrant for hficling nCort Martial has been sigifed.." • • . Mr- Justice Le BLAtcc---44 There is a case in the. books; in which a rule to shew cause was granted ; but in granting this rule, Lord Mansfield said, Take your rule to shew cause why a person* should not be discharged ; but, if the parties have proceeded upon martial law, we cannot interfere." Mr. TOPPING -" Perhaps your Lordships will grant a rule to shew cause now." Mr. Justice Maroma--"" I have great doubts as to the propriety of granting a rule. I don't see how the Court can interfere or judge whether a Court Martial could have been conveniently assembled. If, in a return to a haleas corpus, they were merely to state, that a Court could not be conveniently assembled, we could not call on them to assign any reasons. Mili tary men take themselves nut of the protection of the common law, by becoming partiei to Martial Law. If a return of not convenient,' is made, that be sufficient. The Court cannot interfere, without over turning the whole system of military law." Tie ATTORNEY GENERAL observed, if Mr. Top ping wished to have a rule to shew cause, he would , not interfere to prevent his obtaining it ; but, for the information of his friend, he would state, that he was in possession of circumstances which would prove in an instant that a Court Martial could not have been conveniently held. With respect to the present appli cation, it was made at so late a period of the Term, that there would be no time to serve the rule on the Commanding Officer at Windsor. Where the liberty of the subject was in question, however, no impedi ments should be thrown in the way by him, and he was ready . to consent that service on the Solicitor to the Treasury should be considered as good service. Mr. Justice DAMPIER said, it must be stated in the rule that such service was by consent, that It might not be drawn into a precedent. The rule to shew cause was accordingly granted. WOO: TON-BASSET. Mr. Serjeant PELL shewed cause against a Rule obtained on a former day by Mr. Abbott, for a Quo Worraato, calling upon a gentleman of the name of Smith, to shew by what authority he held the office of a free burgess of the borough of Wootton-Basset. The ground un which the Rule Nisi had been con ceded was, that there was no vacancy to be supplied by Mr. Smith, and that the Corporation was full poevious to his election. The fact was stated to be [Thus :—A Meeting of the Corporatios VAS called for filling up various offices, and -it was supposed that a `Mr. Starkey would resign the office of Capital Bur -1 gess, and consequently that his place must be sup plied. It appeared, however, at the Meeting, that there was no vacancy, but not until after the election of Mr. Smith had been completed. In reply to this statement, Mr. Serjeant Pell produced several affida vits, by which it appeared, that although it was true that there wai no vacancy in consequence of the re signation of Mr. Starkey, yet that a Mr. Kibblewbite bad accepted the office of Alderman on that day, and consequently that there was a vacancy that Mr. Smith had supplied. The Learned Counsel admitted that the intention of the Meeting was•merely to fill up the office which Mr. Starkey had left, but another person vacating instead, he thought it could make no difference irithemerits of this question, whether Mr. Smits succeeded Mr. Starkey or Mr. Kibble white. Mr. BAILEY followed on the same side, and referred to some former proceedings instituted by the same relator, Mr. Gordon, against other members of the Corporation, where he had failed, and, as in the re sent case, stood alone against Mr. Smith and the Borough. He likewise argued that Mr. Gordon must be in pliedly understood to have given his assent to this election, inasmuch as he was present without ob jecting to it, and in a previous case; -that of a Mr. Attersol, hadconarrned a proceeding that was at least equally irregular. . Mr. Justice Dailenta....- 04 His buing present does not spew that heconcurrvd, or suppqmns he did then concur, be is not irrevocably bound by at." • The Couto . , without hearing Mr. Aano7r, was of opinion, iliat suia;itrat 'ground had been laid for a R.ule to sliew cause. VIE KING W. W. EARLE. Mr. G cr.NEv moved the judgment of • the Court on the defendant, for a libel on Me. J. Burkhardt, of Northumberland -street, in the Strand ; which libel, containing dross personal abuse upon the prosecut^r, was inserted in the Scourge. It appeared that the only offence given by the prosecutor was, that he had been employed to make the jewel which the Freemasons had presented to Lord - Moira, in preference to some others who wanted the job. The defendant had sot fered judgment to go by default ; and, was brought up on a former day to receive judgment, when he was remanded, to afford an opportunity to the prosecutor and his attorney to put in affidavits, in answer to one then filed by him, stating, tliat he had been induced t , , withdraw his plea of Not Guilty, and to suffer judgment to go by default, in consequence of a pro mise held out to him by the prosecutor's attorney, that if he did so, no judgment would prayed against him. The affidavits of Mr. Burkhardt and his Solicitor were how put in, and denied, in Coto, that any terms, or offers of compromise, had been held out to him. :: Wm. Earle. beiug - placed upon the fluor of the Court, . . .. The Arroascr,CtsznAL, en the part of the pro secution., adverted to• the many aggravated circum stances in this case, not the least orwhich was the oath the titfendant but thought fit to Make respecting the • Witlicirawing or his plea or not guilty. itvidatilit he expected not to be indicted if he inserted an logy in the succeeding number,of lb Scourge. The Attorney. , General was at a loss to 'understand the doctrine of apoh.jies as laid down by defendants in cases like the present. If in the heat of the moment in affront was offered by one gentleman to another, an apology might reasonably be deemed a satisfac tory compensation, but here,. a paltry hireling *crib bier, in a garret,, sat down deliberately, without a single fact on which to found his assertions, to write a low, coarse, vulgar, abusive, scurrilous, and not less malignant libel, against an individual of whom he knew but the name. Could an apology be any satii faction for such an outrage upon a most respectable individual, who was charged with being the illegiti mate progeny of a Dutch fisherman and an oyster wench, of being educated in vice ani beggary, of being sent out of his own country, of frequenting se ditious meetings in England, and belonging to the Corresponding Society ? Was character, he would ask, of any value ? Such a base detractor might attack the most exemplary characters. None could be rate ; his (the Attorney-General's) learned friends or him self might be the next to be attacked, and then thb only redress was an apology in The Scourge of the suc ceeding month. He was sure the Court would not allow holiest and deselling indiQuals thus to be :hewn up, the fashionable expression - of all libellers since the proceeding on a late occasion. , Mr. HOLT, on the part of the defendarit;admitted that the libel was low and scurrilous, but argued that it was a mere shower of vulgar terms of abuse, which injured much more the individual applying, than him to whom they were applied. They seemed to have been uttered in the heat and indiscretion of anger. Lord ELLENBOROUCH —Where is the cause for an ger against the prosecutor ? Shew us that, Mr. Holt. Mr. BOLT did not attempt to justify his client, but he hoped that the same lenient judgment would now -be pronounced, which was invariably attached to pri vate libels. Mr. Justice Le BLANC delivered the sentence of the Court, which was, that the defendant be imprisoned in Newgate for six months, should pay a fine of £lOO, and give security, himself in se2oo, and two sufficient sureties in £lOO each. • REX V. THOMAS DUNN. The defendant had admitted judgment to go by default to an indictment for a common assault on a bailiff who came to arrest him. The sentence of the Court was, that be should be imprisoned one month. ARCHES COURT, DOCTORS' CONIMONSIAE.I3.IO:;_., BEAVER V BEAVER. This was a cause of restitution of conjugal rights, promoted by Thomas Beaver, the younger. Esq. of Maugrun Hall, in the county of Norfolk; . against Ann Beaver, his wile, of Fargham, in the ;same county. It appeared that the parties were married in the parish church of Fargham, on the 24 1 th Aug. 1795, and that they cohabited together as man and wife till the 30th June, 1302, when Mrs. Beaver quit. ted her husband's house; that some time after Mrs. Beaver promoted a suit of divorce or separation 2ga:nst her husband, by'reason of cruelty, and after divers proceedings were had therein, the Learned Judge dismissed Mr. Beaver from the cause. The present suit came on now to be .heard upon the an swers of Mrs. Beaver only, no witnesses having been examined upon the libel. The Court (Sir Jolts Nt ctiotL) said, the marriage of the patties being ad. mitted, and also the withdrawing of the wife from the society of her husband, and there being Ixo greund for instituting the. suit of cruelty,. it was bound, in discharge of its duty, to admonish the party to return again to the society of her husband. COURT OF SESSION, EDINI3URWIeFIRST COOPER V. Gni& This was an action of injury and damages . at the instance of John Cooper, schoolmaster of the parish of Dalmeny, against the Rev. James Greig, Minister of that parish. The libel stated, that the defendant, Mr. Greig, having conceived a causeless against the plaintiff, did, on Sunday the 17th March, 1811, read from the pulpit of the parish clinrch - rf Dakmeny, and in the hearing"of the congregation, a written paper, containing many false and scandalous, charges against the plaintiff, and concluded with * d9ci.tration 9 that the plaintiff was not schoolmaster Of the parish, and that the office was vacant. The. Lord HERNIAND, Ordinary, allowed a proof; which was taken, and reported to the whole Court. Counsel were he.trd thereon at great length. The Court were unanimously of opinion, that the libel was fully proved ; and the plaintiff having stated, that he had brought the action entirely with the view of clearing his character from the itnputation cast upon it; that he had no desire to make it a source of personal emolument ; and that, out of motives of compassion towards the defendant and his family, he did not wish for pecuniary reparation, their Lordships pronounced the following interlocutorl-- . --" Edin burgh, 10th December, 1813. The Lords having advised the state of this process, and heard the Coun sel for the parties thereon at great length in their own presence, they find it proven, that, ou the day 44... led, the defendant did sead from the pulpit, in 11Cli meny church, a paper oft libellous nature, and high' ly injurious to the character of the plaintiff, the esta blished parochial schoolmaster,-aod that during the time of divine service, and in die hearing of the plain-. tiff's scholars - find, that the said libel was malicious and unprovok ed, and that the' censure therein - con tained was unjust and unfounded; and out of the doe ; course of ecclesiastical discipline, and therefore highly illegal; find the defendant liable in damages, which' ' the Lords declare that they would have awarded tO a very large amonnt, but, in consideration of the re• quest of the plaintiff himself, in compassion for• the defendant and his family, the Lords modify the same to twenty guineas, and decern accordingly ; find the defendant liable in the full expenses of process, and appoint an account thereof to be lodged, and remit the Same, when lodged, to the Auditor of Court, •tó tax and report." The expenses were afterwardi taxed at ‘407. 19s, Old. and a decree therefore prifuounced against the defendant. Tuesday se'nnight an Inquest was held on the b'dy of Mr. Edward Bernbridge, butcher, who was found drowned in a channel between Small-Hythe and Reading -street, in the parish of Ebony, when the Jurj found a verdict of Accidental Death.--The de ceased has lelt wife and five children W lament their loss. - L illtAttoPii. Al' i/AUXHALL tow-srnErr.—The confession of , fip/a: P ar i s h, r i ; specting this barbarous murder, proves; hOw very cautious youths and all others ought to be, as to wh o a they associate with. In it he denies any partiCipatiort in the breaking open and robbing the house of Mr. Taylor, in the Union-road, Clapham ; but says, it was the first robbery Callaghan confessed to hi m t h a t he had perpetrated, and for which their both s t oo d committed to Horsemonger-lane prison, on account of some of the stolen, property. being fotind in the possesSion of Parish, and his being in tie company Callaghan, a discarded servant of Mr. Taylor.—p a . ; risk's confession, we understand,,goes to state, is adz dition to what we gave of it yesterday, that on ao.; count of the noise that the murder of Merry made id" London, they consulted together and a n -ived to l ear i England, and went to Gravesend for the purpose o f entering into the East India service. On their arrival there they read an account is a newspaper of the pro. cee4ings at the Coronet's Inquest on the body. t o t h e same r.ewspaper they read a paragraph stating, th a t through the vigilance of Goff, the officer belonging to the Union Hall Police 'Office, the murderers were ex pected soon to be in custody. On reading dig Cal laghan observed, that he wished he could meet with Mr. Goff, he would soon stop his viiftance, meaning th at he would shoot him. They gave op the plan of going to India, and returned to London. Parish was coo. Armed in his statement of the shoes fou n d i n t h e Misses Gompertz' kitchen, being. Callaghan's, by the shoemaker whom thty were stblesi from. P ar i s h described the bullets as being purchased at Charing. cross, and proving too large fbr their pistols, they were obliged to reduce their size by cutting them.' Thit account was confirmed by comparing tbe fatal hallo. and the one found in the kitchen, bock of wbich an. swered his description. Part of the property stoles from the house of the Misses Gomperta at the time of the murder, they sold' in London, sad part in Gravesend while they were there. Thistair bees confirmed by the patties at whose shops the ;kics were sold pro - dating the property, and identifying their perscns. Callaghan kequeudy irttertupted the confession, by recrsminatung on Parish.. He charged him with Wag the 'nun who 'shot Merry, and that the deceased crick - dr- 1 4 Artier I" three times that the shoes leftiti the Misses Compette kitchen. were 'add ones; rind that• Parish stole one of them..—. This recrimination did not exonerate him from the .chaige; but ratbersasilsidnin::u he . turmitted being at the Misses Gomperte house t o.ncl thereby made .bigisolfastos. .4.: Yesterday Gorr Hodges was brought to the (Az charged with stealing two boats, two waistcoats, ens parr of pantaloons, Will note, and 7s in silver, the property of John! Tenown, of Woben-.court, Duke. street, Bloomsbury. It appeared that the prosecutor went home about half past eleven cm Monday night, and went to bed, leaving the street door only on the latch, expecting a lodger. to follow directly after.-- The prisoner; however, entered the house,, and went into the prosecutor's bedroom after he had got to sleep, and stole the above property. The robbery was not discovered. till the prosecutorawoke in the morn ing. He gave notice of it to a aumber of pawnbro kers, nnh ascertained that the/ had been pledged lt Mr. brooks's , in Hi7h.street, Bloomsbury. The pri soner went. afterwards to ask for more money on them, and to pawn a handkeichi6 when .t-e *as dr uined, and tfie duplicatis for the stolen property, found up= him He Was committed to Newgate for triaL Hattotr-GAntme. Farmel, of West End, Hampsteatd, - was4eaterdgy:dtarged by the Ccntgable oflthat district,.with-reiusing.•his cart and hems to convey the baggage ot. the 3tth, 47th, and 8-kh Re giments Iran thence to -Kingston, and was. tined is the mitigated Penalty of f 2. which the defendant immediately paid. —Autke.late 44Assclearaelt.Q0enus, Sessionp, a cue, novel in its kind, was heard, under an Act of Parlia mei% . which, Jyta..rf t ,p7,ainkkobsolete. hail a century or more—that of an liinkieper ea ring tippling on -the Lard's Day, a Just was sworn to try whether be had' deice any act to forfejr his eecognizance, cursed Into on obtaktiat hiclicense,... After some . ingenious arguments, of: Quusel, the. Jury could not agree. and they-were kir.ke4 up' three hours and u.pw ads, when therat last kW the innkeeper had ((wicked his recogni-iunce, and sias .thereky -disabled from sell ing ale fur the space three ran. , MARRIED. January Sd, by the Rev. John StoiW.rd, at Eist Mailing, Kent. the Rev. Joins Healy Norman, to Miss Norm, only daughter of the late Jobn.Norris, Est of East Mailing. On Tuesday last, at WisbusT, Ogle Wallace,' Eq. to Miss Maria Bailey. • Sunday.k'nnight, at Gummi Church, Paschall Paoli Hobart, 'Esq. Captain In the Silt Garrison Battalion and AU";or of Bri gade bathe Waterford district, to Henrietta , daughter and co-heiress of the late Robert Earty, Esq. of the county of Curti Cow:W.llot. at Law. DIED. • Fib. 2, in V oodstock-street, the Arr. Carrline Rob. !ierbert. Rector.of 4n Woodhay, brother to the late Earl. of Carnars Cl. Feb. 3, the Rev. Sir Philip Mona:, Bart. Rector of &ugly and Tenflosford; Bedford.hfre. • Sat se'tutight, a Wickham, Mrs. Wilford, relict of Joseph Watford, Gent. formerly of Woodbridge, surgeon. • Cfn the 4th irist. at Tweedinouth, the Rev. Wet. Hall.a7e2 5 4 . At Priory, Piuenweem, to the 29th- ult. Lad/ Lotigforntachus. On the 27th oft :Suddenly, Colonel John Hill, of the v.:tor:- shire Yeomanry Cavolty, eldest lost of Sir John Hid, Bar:. of Hawksticrie in the county of Salop, ansj brother to U..: : Sly Rowland Hill. He was the 'eldest of dve brothers, all of dm/um devoted their 'lento thus service of their country. . 4 44 Ayr,sm the oath ult. the Ka. Wet. Dalrymple, D.U. l inidlstek of•Ayr, in the 91st year of rik age, and the Mk of NC • • At the Manse of Glaneeton, the 117th ult. the Rev. Dr. Jame in the 85th year of his age: and 'sea of his inialstry. •At e Cussnock, the 19th ult. John Simon, student cidivinitle eldest sou of Wm. Sinnoa, schoolmaster there, aged need? ill Patrick S'im)on, a medial student, his brother, died oe the-119tbof October lase, aged 19 years. Ena.beds Craven/id Sinteon, their .-iver, died the 17th November lan, sods 4 year. Oa the 21 et ult. at Dungannon Park, the seat of Lord Victual, Northland * his Lordship's grandson, Thomas Kea, third sae of the Hon. and Rev. Edward Emox a a child of five years of age, ru•cone4quence of swallowing v.triol, which had been carciev4 Itft on a table by a female servant. . _ HIM WATER AT LONDON BRIDOE TO-MoAtto% M0ryng......."••-. • 2 2101 U u aser 7 27 waive. af:er LONDON: Printed by LtvaL KENT, Picke 44 • rttliiite4 Owe s and at doe StuOiSce, Icturtc Ws. i✓ i s ] A A