Star. — London, England, 1822-01-11 00:00:00

41111 P - • LAW INTELLIGENCE, COURT OF RING'S BEACH,JANUART 10. HAYwoon V. BOUM This wa a Role obtained by Mr. GURNEY in a for' trier Te: m, calling upon the plaintiff to shew cause why the verdict had for him in that case should not be set aside, and a nunsuit* granted. It was an action of debt for penalties under a Sta tute against the defendant, as an unqualified person for keeping a sporting dog. The cause was tried at the IA .t Assizes for Essex, before Mr. Justice 13w!- Itotton. An opinion given by the Learned Judge on that occasion was the cause of the Jury finding their verdict for the plaintiff. His Lordship declared that. he thought the mere keeping if a sporting dog was sufficient to b:ing the party within the Statute, and though he stigmatized the prosecution as an ungia cious proceeding, yet he found it . his duty to direct the Jury t., found their verdict upon the law as it re spected the case. Mr. MARRTATT this day shewed cause against the Rule, in support of the Learned Judge's opinion 'and the verdict. Mr. Justice HOLROTD said, he had a note of a case bearing upon this question. It was an action tried at York, Wore Mr. Justice Buller, and was, like this, a penal action against a Magistrate for keeping a grey hound; and it was 'moved, though he kept the dog, yet it was not for killing. game. It was there con tended that the mere keeping was within the Statute, but that Learned Judge and great law authority held a•contrary opinion. . The CHM, Junto' said, that 'be had looked into the case of Rudd v. Phelps, cited by Mr. Gurney from /5 East. He found there, however, that Lord Ellen borough required that the word " keeping" should be connected with the killing of game. Mr. MARRYATT admitted that, at the trial, it was proved that the dog had not been used for the sea son preceding ; but for what other purpose than the killing at game could such dog be kept? Mr. Justice BAYLZY.— Perhaps for the purpose of breeding. CiatEr JUSTICE—It was not left to the Jury to say whether or not the dog was kept for the destruction of game. The opinion of the Learned Judge pre vented the poc.ibility of such an inquiry. He . thought, as appears by the report, that the mere keeping of the dog was sufficient to bring the de fendant within the Statute. Mr. MARRTATT said the Act of Parliament was silent on the subject of keeping dogs for the destruc tion of game. Mr. Justice BATLEY.—The words "or other engine to kill or destroy," must apply to the preceding part of the sentence " keep or use." In all cases you in variably allege that the dog was used for the pur pose of killing or destroying game, and unless these words, " keep or use," applied to the preceding clause, such a clause would be quite unnecessary. CHIE7 JUSTICE.—If the construction of the Act of Parliament, for which Mr. Marryatt contends, was correct, a man who kept a greyhound for the defence of bib house, or the amusement of his children, would be liable to the penalty. Mr. Justice BAYLEY said, that that construction would be attended with another inconvenience. These dogs were often made subjects of sale, and if the " men keeping," 3cc. was within the Act, those per sons who got their livelihood by selling dogs would be subject to penal consequences. Mr. Justice Best said, that this action being brought upon a penal Statute, the Court were bound to give that Statute the most strict construction. There were two branches in this Statute—the keeping of a dog, and the using of a dog. There was no doubt but that the mere keeping of a setting dog was in itself prima facie evidence that it was for the purpose of killing game ; but the mistake into which the Learned Judge fell was, that he supposed such evidence was conclu sive. The ltule for a Nonsuit was then made absolute. WEST V. ANDREWS. This was an.action of debt for penalties under the Statute 55 Geo. 111. The defendant was one of the guardians of the poor of the parish of West Ham, in Essex, and the action was brought against him for supplying the poor-house with meat for his own pro fit, against the express intent of the Statute. The cause was tried at the Essex Assizes, and it being proved that the defendant had not charged above the value of the meat, the Jury found a verdict for him. In the course of last Term Mr. GURNEY obtained a Rule Nisi to set aside this verdict, and enter one for the plaintiff, on the ground that this practice was calculAted to lead to the greatest abuse, and that it was directly that sort of mischief which the Statute was intended to prevent. Mr. MA RRYATT this day shelved cause arinst the Rule, and contended, upon the authority o a case in Barnwell and Alderson, that unless it was shewn that the poor suffered from bad provisions or an exorbitant price Leing charged . for them, the defendant was not amenable to the action . The Cowl?, however, held that the fact of a guar dian of the poor supplying provisions to the poor house, was within the intent and meaning of the Act, and therefore gave judgment for the plaintiff.—Rule absolute. _ _ . OLD BAILEY SESSION& Yesterday John Lye was put to the bar charged with uttering a forged £5 note, with intent to defraud the Bank of England. Mr. Serjeant Boamiourr, in stating the case to the Jury, said. that in consequence of a gang of actual forgers having been detected, about twelve months 'ago, at Birmingham, three of whom had been executed, the circulation of forged notes was greatly checked. The Bank were now only aware of one set of counterfeit plates, and it was from those plates that the notes in the prftplt case, he should prove, to the Jury, had been manufactured. Harriet Goff, the wife of the Police-officer of that name, stated that she had been employed by the of& •cers to meet the prisoner. Oa the 11th of December she met the prisoner at the , door of the Horse-shoe priblic-hurise, in Goswell-street. She had not known him before, but was introduced to him by a woman, who said that she was a person from Kent, who dealt in smuggled goods, and wished to be supplied with ekrfiens (los ged £.5 notes). The prisoner went by the name ot'Joe June.. He said he could get none that night,: as tt was too late, but appointed to meet her neat evening. She met Kinsey, the officer, and her husband, at the Jacob's Well public-house, where she WU. learchei, and nothing food spelt*. /NW, then gave her a sovereign, Marked, and some silver. in case she should want to spend money. She went again to the Horse:shoe; and there met the prisoner, vilso de - tired her to wait till he brought a £s Arcot. He soon returned/vith one, and laid it down on the table. She toohttp the motel and laid down a sove• reign, which the * Almon took up. 'The prisoner said that the CID notes were better than the /C 5 ones, and she said that if she had - any luck with the fives she would take some of the tens. She returned to the Jacob's Well, -and gave the forged note to Kinsey.— She met the - prisoner again on the 17th, but he ap peared.reluctant to sell her any more, saying,.lte could lot serve her on that day, as the man wet not in town who supplied him. On the 20th she taw him again, but he was then so busy that he could not sup. ply her, though she staid till night. He appointed to meet her neat day, and being again searched, and nothing` found on her, she was furnished with marked money as before. S he then went - to the Horse-shog aid bought another ES tureen of the prisoner, who delivered it to ber at the White Horse, in Brick-lane,' Old"-street.• 'this note she also delivered to Kinsey.' On the following . day, the 22d, she bought another ] £5 note of the prisoner, in a similar way. She met him, for the last time, on the 27th of December, when she Nils . again searched, and -supplied with a marked sovereign, which was wrapped up in a bit at a Lottery bill, of waist) Kinsey kept the other part. The sovereign watmiarked with a K on the dragon side. She then wont to the Horse-shoe, where the prisoner, -at her desiic.brought her twoT.s triers, but she immediateli.said she had changed her mind, and would take only one: This she received, and having soots after given it to the officers, the prisoner was taken into custody. Witness identified the notes. Cron-examixed—A woman named Mary Dow ling first introduced her to lite prisoner. She had never before been employed in soliciting persOns to sell forged notes. . Re-examined.—The prisoner, when he first saw her, said he could supply her with forged notes by fifty or a hundred at a time. John Kinsey, an officer belonging to the Town Hall, Borough, stated that he knew Mary Dowling, and had introduced Goff s wife to her in December last, in consequence of something which the former had told him. He then went on to describe the cir cumstances of the case, as stated by the last witness. George Goff, the police officer, corroborated the last witness's statement, and produced the sovereign' wrapped in the part of the Lottery bill which he had found upon the prisoner. He said he had had the sovereign a fortnight. Mr. Glover, the Bank Inspector, proved that all the notes were forged. The prisoner, when called upon for his defence, said—" My Lord, all I have got to say is, that the £5 note which was found upon me was put into my pocket by one of the officers. I knew nothing of it." A witness appeared for him, who gave him a good character, and said he had known him for SO years. Te CIII2I BMWS summed up the evidence; and the Jury, after consulting a few moments, returned a verdict of Guilty—Death. William Rivers, a youth of 17 years of age, was capitally indicted, for disposing of and putting away a forged £lO note, with intent to defraud therxever nor and Company of the Bank of England. It appeared, from the opening statement of Mr. Serjeant BOSANQUST, that the prisoner, though young in years, was an old adept in passing forged notes. He had been suffered to escape from justice four times through feelings of clemency ; but he grew bolder each time, and now it was determined to bring him to that punishment which he deserved. Mr. Wedgewood, a stationer, in Oxford-street, stated, that the prisoner went to his shop on the Ist of December last, and called for some paper. He looked at paper of different qualities, and having bought the description he wanted, together with some pens, he called for a bill, and said he had been sent by a Mr. Scott, who lived at 44, Bedford-square. The prisoner then tendered a £lO note in payment; witness shewed it to the shopman of a Mr. White, who lived in the neighbourhood. He pronounced it to be a forgery, and the witness sent for an officer. Witness, on returning to his own house, told the pri soner that the note was forged ; but the latter said not, and that all was right. Immediately after the prisoner was taken into custody, and the note was put into the hands of Plank, the officer, the witness having previously marked it. Mr. White, another stationer in Oxford-street, cor roborated the evidence of the last witness. Plank, the police-officer, identified the note, and stated that the prisoner, when taken to the watch house, said he had received it from a man at the Horse-shoe, in Goswell-greet, who went by the name of " John." Witness went at an early hour the next day and apprehended that person in Bell-alley, Gos well-street ; but when brought before the Magic. crate, there being no evidence to implicate him, he was discharged. William Wales, another police officer, corroborated the evidence of Plank. The servant of Mr. Ward, who lives at 44, Bed ford-square, proved that on the Ist December th ere was no such person as Mr. Scott living there. Three other persons were called, who deposed to the prisolier having passed two forged £lO notes in Oxford -street, on the 19th November. The prisoner on one occasion, represented at a sta tioner's shop th at he had been sent by Dr. Outram, of Hanover-square, to purchase pens and paper. Dr. Outran being now sworn, denied his having seen the prisoner before. Joseph Clementson, a silversmith, residing in Angel-street,. St. Martin's-le-Grand, deposed to the prisoner having tendered him a forged £5 note in the month of March last, when he came to his shop to purchase some articles. Upon that occasion the prisoner was taken into custody, when he gave his name William Cooke, and stated that he lived as an errand-boy with a Mr. Adams, who lived in Comp ton-street, Clerkenwell. Robert Williams, a baker, residing near Finsbury squate, deposed that he gave the prisoner change for a forged £1 note on the 30th January last, when be purchased two loaves at his shop. The several notes were produced, and proved by the Inspector to be forged. The prisoner made no defence, bneprayed that his life Might be spared- Mr, Justice &seem= told him it did not rest with the Coat Co anted mercy tin hits. llls-Lora• ship then ~capitulated the evidence, and. the Jery, without hesitation, found the prisoner Guilty. b ut strongly recommended him to mercy can account of kis/Guth; as did also the prosecutor, who was spies on to speak at great length on his behalf, when Its lea interrupted by the Court. Jobe Crook was indicted for cutting and stabbing Mary Anne Nelson, with intent to murder her, or to do her some grievous bodily harm. The prosecutes being sworn, said she knew the , and lived with him. She was nussrigd to L ' ilr:o r ut be bad another wife living . , She went to his 'lodgings on the $d of Deceninee, fur a child which shelsad by him, who had played the truant; she found the prisoner at dinner with his daughter, and the child with them : she asked what business he had to harbour her child from- his school? and he told her not to come there to kick up a riot ; she said she would not trouble him if he would let her have her children; he told her two or three times to go out of his room, and she said she would not until she had an officer to take him up, and get justice of him. He called her a prostitute, and she said she was not until he made her one. He then turned round to his cobbler's stool and came towards her : he pushed her out, and when they were on the stairs together she felt herself stabbed. He had previously taken some thing from the stool, but she did not know what it was. She fell on the stairs, and the prisoner fell upon her, but she did not recollect whether he pushed her down. She was stabbed in the bowels, in two places. The prisoner's daughter and witness's children then screamed out, and she was rescued by Thomas Lee, the landlord's son. Before this there was a loud quar rel between them, and she told him she would have him tried for bigamy. She stamped and raved about the room a good deal, and refused to leave it when desired by the prisoner. She was very passionate, and she thought she aggravated and provoked him as much as she could. She told him he wi.lied to bring her children up as thieves. They were , both as passionate as they well could be; but she never struck him nor threw anything at him, nor threatened it. Thomas Lee found the prosecutrix and the pri soner lying at the bottom of the stairs ; he thought they were fighting, and he tried to part diem, in doing which he saw that the prisoner had a knife in his hand. Witness laid bold of him, and took the knife out of his hand. W. Read, jun. an officer belonging to the Hatton garden Office, found the knife, covered with blood, on the prisoner ' s stool. The apron and stays of the prosecutrix were produced, and found to be cut in several places, and stained with blood. The prisoner put in a long written defence, in which he threw the blame entirely upon the violent and pas sionate conduct of the prosecutrix ; and stated, that the wounds must have been inflicted while his wife (the prosecutris) and himself were falling down the stairs, as he had the knife in his hand with which he had been rating his dinner. Two women gave the prisoner the character of a kind and humane man. The CHIEF BARON summed up the evidence, and explained the law of the case to the Jury, who con sulted for a short time; and then acquitted the prisoner. Chief Baron RioßAans--. 4 6 Prisoner, before I part with you, let me repeat the advice given you by Lee, namely, that you in future govern your passion." Read, the officer, said there was another indictment against him for bigamy, and he was ordered to be detained accordingly. . POLICE. Manston-Houst.—Yesterday Job" Whittaker, a pu gilist, was charged by Mr. Pledger, of the Castle:, Moorgate, with having dashed in his windows with a large stone. Mr. Pledger stated, that stones had, been thrown through his windows at different times, and notwithstanding the efforts of his waiters, the watchman, and himself, the offender escaped each time. The stones were so large, and thrown with such violence, that if one of them had struck any per son within the house on the head, the wound would, in all probability, have been fatal. He had a placard stuck up, offering twenty guineas to any person who should give such information as would lead to the de tection of the offender, without effect ; but on Wed nesday night, witness heard the noise of a stone dash ing against the wood-work between the fan-light and the door. He started up, and opened the door, but saw no person. He then called the watchman in side, under the impression that another might Ise thrown. The watchman had scarcely reached the bar, when a very large stone dashed in the fan-light, break ing both glass and wood-work. The waiter imme diately rushed out, followed by the watchman, and saw Whittaker running along the street; and, after' an active pursuit, he was secured. The Loan MAYOR asked, whether any reason could be assigned for such an act? Mr. Pledger said, that there had been a dispute about two years ago between him and Whittaker, upon which occasion Whittaker said, he would , 4 do for him r His Lordship fined the de fendant two pounds, which was paid, and Whittaker was discharged, the LORD MAYoR having advised him not to act in future upon so cowardly a principle of revenge. Bow-araitrr.—A Mrs. Hatokins, of North-end, Fulham, was brought up yesterday, un d er t h e A ct o f last Ses sion, for punishing wilful destruction of pro perty in a summary manner, which was now first pat in force by a landlord against his tenant for dilapida tion of his premises. Mr. Bassett, the landlord, in order to get rid of Mrs. Hawkins, who kept two snap. pish mastiffs, and was backward in paying her rent, seised on her goods about the end of November ; upon which she said, that the recovery of his twen ty five pounds, in that ray, should. cost him many times that sum ; and, accordingly, when he went to dis train again on Tuesday last, he found the house quite empty, the windows broke, the garden-walks dug up; in short, damage done to the amount of £2O. Though the place was so forlorn, Mrs. Hawkins, who ap peared in a handsome beaver bonnet, and plume, muff, &c. was living there with her child and servant. Sir RICHARD Blame thought the law did reach this case, and would have committed her in default of , paying the highest penalty; but Mr. Bassett said, he would not press for her imprisonment, if she would give up possession of the premises, and thus it ended. The dwelling-house of Mr. STOTT, in Bertnondsey street, was entered on Monday night last, and robbed of property to the value of aboui £lOO, with which the thieves escaped. COLONEL 11101INT-444 Sztrae el a letter written by Offituel Tnowsow to his ft' stod. Gaoaer HAMLIN, Esq. in answer to a letter of condolen ce a d_ dressed to Mrs. Tatoasros, on dot supposed death uf her husband- G. Paris, Rue de la Pair. Dec.ls, 182 s. My honest Brother Sportsman—This is Chrbtnias-day d e , dicated by are, from my youth, to gaiety and ' , useable lino, talky, endetsouring to make all happy according 10 the siteadir a in which Ploviezzcz has placed me. " In health no man can be more hearty, but not quite orn In my knees and foot ; stomach invincible; always an appru t ,. e-t three times aeolay—tea, muffins, and grated hung beef a t nine—at two, roasted game, or cockscombs, and about a pint cf the finest white Ihirgundy—dbuter at bye, and then a bottle ti wine—about three or four glasses of spirits and water, rstz, r wealt-L.then to bed—sleep ielter than I ever did in say life—. Pretty well, you will say, loth dead man. Rise at eight, bee. k. fast at nine : so we go on. Every night the finest drepr.t. expect some wild boar if it comes, our friend li. may be r.IN of a part. " 24.—1 And by the Papers, that I died, after a abort illness, much lamented, &c. &c. at Paris. However may be, I gave a dinner yesterday to a dozen sporttir.en ; had roast beef, plum-pudding, Yorkshire goosespie, and sat • singing most gaily till two this morning. At twelve we had broiled fowls, gizzards, &c. and finished a bottle of old rivi, punch. No intoxication; for I went to bed well, and new: rose better. (Aigned) THORNTON, MARQUIS DE roN7.- BETTING AT TATTRRSALUS, JANUARY :0. twos we AACES TO COMA. DOOM 9 to 1 apt Sycorax colt 15 to 1 apt Laldgeare 10 to I agst 51arcaus 20 to 1 apt any othai. 10 to 1 agst Stamford - - 9 to 2 apt Parasol 11 to 2 apt itcserve I 6 to t apt Meteota I LO to 1 apt Cat ST. I.IMT.S. 9 to 1 aget Marion I 12 tot apt Swap 10 to 1 apt Ajax 15 to 1 agst AkAritte Nairstetutee STAILIS.—..2 to 1 apt Stag. Ksootiswoarn.-4 to 1 ages Plover. DESTRUCTION OF SIR J. ASTLEY'S SEAT Blinn. On the 3d instant, a most destructive fire took place at Seaton Delaval, the prope7ty of Sir JACOB A. Lev, and in a few hours consumed a noble sloth which, for magnificence and grandeur, IVAS equal to any in the North of England. Every ea detvour to preserve the body of the buildingsit 1:71. availing. The two wings (one of which c..mptised large and spacious kitchen, with various other ai;art ments; the other a beautiful stable, in style of princely magnificence), were happily saved, by !! .. .e great and active exertions used in making a sevara tioa between them and the house. The fire 0ti.,i1,4t,c1 in a chimney, to which a large beam of wood in the roof was affixed ; and the flames burnt with suck fwv as to bid defiance to all human efforts. The 10:us is the windows was reduced to a liquid state, and the lead on the rcof poured down like water. The Ere commenced its ravages about fonr o'clock in the xi. ternoon, and it was not before nine in the evening that the devouring element . could. be checked, when it left the building a mass of splendid ruins. AWFUL CATASTROPHE.—Yesterday Mr. SMITH, 3 respectable master tailor, residing at the corner of Dean-street, Tooley-street, left his home in a l - part:T. good health and spirits, for the putipose, as he staved, and as was generally supposed, of doing to the Church, to be present at the solemnization daughter's marriage, which was m take place that morning; but, to the surprise of this bride and In ide groom, he never arrived ; and, after considerable pro traction, the ceremony was perfortned without him. The happy couple then returned home to spend the day with their father, but had not been the:e long before Mr. SMITH was carried homei—a corpse! feelings excited by such a melancholy and pected catastrophe may be easily conceived; the friends who had been invited to partake of the repast, separated in the most abrupt manner, arse thus in a few moments a scene of anticipated joy v.! hilarity was converted into one of grief and Jep..in It appears that the deceased on his way to the felt himself very ill, and raising his hand to his clie,t. uttered a slight exclamation, dropped down, and ire stantly expired. In the forenoon of Monday se'nnighf, two fema7e;, named Maria Roleston and Martha Crispin, the t.T mer about twenty-eight and the latter twelve years oj ,age, set out from Christow to go to Chudlcigh. la their way they had to cross a wooden bridge over the Teign; bat the railing of the bridge having ben washed away by the late flood, they lost their footiir. and were both carried down the stream and drownet'. firefeesys.—Saturday an Inquest was taken at Barron. n sr Oxford, by Mr. Cecil., Coroner ' on view of the b o dy of W 1... Hewlett labourer, aged 45. Thomas Spicer deposed, he gidged and slept with William Hewlett, the deceased ; tween live and six o'clock that mornii.g be asked Ilewlett time It was? Hewlett replied, It was not time to get up s&:- awhile. Spicer did not go to sleep again, but in about thrt e quarters of an hour afterwards be spoke to Hewlett, who ,11.1 not answer ; that upon Spicer looking at Hewlett he found 11,• was dead; Spicer did not hear Hewlett make any noise, 1:0: did he know whether Hewlett had had any previous illness : Hewlett was a very steady man, and helped to maintain an aged mother. No Medical Gentleman had been called. Verdict— Died by the Visitation of Gen.—And on Tuesday an Inquest w taken at Tcuworth, Oxon, by the same Coroner, on v i ew ci the body of Maisie Saunders, who was found dead in her chiiir. It appeared the deceased had a large wen under her e.ir, whicb, it is supposed, burst and occasioned her instant death. Vsr diet—AM by the Visitation of Gas. BIRTH. Jan. 4, at Thornberry, in Queen's County, the Lady of C. Richard Croker, R.N. of a son and heir. . MARRIED. Jan. 1, at Moystown, Edward Joshua Cooper, Esq. eldest son of Edward Syngc Cooper, Esq. M.P. fur the county of Slign, to Sophia, third daughter of Colonel L'Estrange, of Moyl.tow), King's County. Monday, Joseph Tacker, Esq. of Baker -street, Portman square, to Miss Sanger, of Oxford-street. Dec: 15, at Alorge - s, near Lausanne, in Switzerland, the M t. quis Marius. d'Eapinassy de Fontanelle, to Maria, daught.r the late Hon. John Thomas CareL nrrn . Dec. 49, aged 69, Mr. Isaac SOlcock, surgeon, of Totenharc court-road. Dec. 30, at Great Malvern, aged 63, Sir Jonathan Cope, r 3-7. Jan. 3, at Athy, Ireland, Ilarrietta, widow of the lace hulir Moncton, F.sti. late Judge and Magistrate of Goruckpore,wt!) 4 East Indies. Jan. *, hliza,ilaughter of Ralph Bernal, Esq. M.P. of Br) an stone-square, in the tith year of her age. 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