The National Register. — London, England, 1822-11-11 00:00:00

au potion was tried, in which Smith was defestlant. and &lama pliisitiff. The greotest indulgence was @hewn to Smith, in ',much as he was allowed to es:to:toe a witness out of the re gular order of proceedings.—The Jory found a •erdict for the pkiatifT, and nest day Mr. Briggs happening to be where the dtfeudant resided, saw hint with a mob of persons, and beard bun utter the following words:—" County Court! County Court ! the Deputy Sherilt of the County, Drips, tries causes unjustly in the County County Court.-1 had nut a fair trial, and Briggs is a d—d rogue, scoundrel, and Tell him 1 say so." The Lord Chief Justice.—Perhaps a rule to show cause may hare the effect of bringing this person to reason. Take a rule to show cause. FRIDAY, NOY. 8. JONES R. BI.ACC. Sergeant Onslow moved (or a rule to sh , w cause why the verdict given for the plaintiff iu this cue should not be set aside, and a new trial granted. It wu an action tried before Mr. Justice Park, at the last as. ailed at C::eliusfurd, The plaintiff was a sheep dealer in Wales, sod he sought to recover fur 64 sheep sold to the defendant, • ■ publican in Essex, at the rate of 23a. per head. . . flte plaintiff called two Welob drovers, who proved the delivery of the sheep to the defendant. One of the witnesses said something about a bill of exchange, and the defence was, that no sale of the sheep had taken place, Just u the Jury were going to give their verdict, the learned Judge said, you have not produced the bill of exchange, and the Jury found a verdict Cur the plaintiff. The learned Sergeant contended that the direction of the Jud ,e was wroug, and consequently that the verdict ought not to stand. Itlr. Justice Bsale•—what became of the sheep ? Sergeant Onslow—The defendant ultimately hail them. Mr. Justice pay ley —lf you bad the sheep you ought to pay for them. . . Mr. Sergeant Onslow said he made his application solely on the ground of misdirection. The Coart granted a rule to stew cause. HOFFMAN F. HEYWARD. Mr. Marryalt moved to set aside the verdict in this case for the I.laintiff. and to enter a nonsuit. It was an action upon a contract for a quantity of tobacco, shipped for George Town, in America, and consigned to a house at Bremen. The ship in the course of her voyage touched at an English port, and during the time she remained there the contract was made. The contract was made on the following terms :—The defendants were to take the cargo at the rate of Ins. 6d. per cwt. The total amount of price was 15,0001.; 31001., one fifth of the price, was to be paid on the Saturday following, and fur the other four fifths the sellers were to look to their correspondents at Bremen, to whom the tobacco was con sioed. Itappears that the proceeds at Bremen did not amount to the remaining four fifths of the price, and the plaintiffs sought to recover the deliciency of the defendants. The Jury found a verdict for the plaintiff, and the following question was reserved for the consideration of the Corm, namely, whether the defendants were responsible for the deficiency, or whether Vic payment of 31.101. did not einoerate them from the pay ment of the remaining price. Mr. 3.lmoryalt contended upon the facts, that the loss ought to fall on the seller, and not the purchaser. The Lord Chief Justine—l bad no doubt on this poiot at the trial. It appeared to me that a man sold a commodity at a spe cific price, and both knew it was going to a foreign market.— An agreement was entered into between them, that if the com modity sold for more than the price contracted for, the buyer was to have it. If it sold fur less, the buyer was to make it goo.l. That was the construction I put on it, and I still think the buyer ought to make good the deficiency. Judges 11a)ley, llolroyd, and Best were of the same opinion, and the motion was refueed. r NLEY P. DODD. The Solicitor GeneralMo;eil; set aside the verdict given in this case fur the plaintiff, and to enter a non-suit. It was an action to recover peualtiea under the statute of the 55th of Geo. 111. cap. 137, by which persons cousidered churchwardens and overseers, and guardians of the poor, areprohibiteel from serving Cie poor with provisions. The action was against the defendant, tar supplying the w...rkhnuse of St. Matthew, Bethnal-green, with sink. It was contended at the trial, that the defendant did not come within the description of persons prohibited from 'applying the poor with provisions. The Solicitor-General was remly, lie said, to prove the defendant was neither church warden, overseer, or guardian of the poor, ur .any way con cerned in voiding for, or controuling the affairs of the poor of the parish. His real situation depended upon the construction the Court would put upon certain local acts regulating tare parish of St. Matthew, Bethnal-green. These act■ were the 3d of Geo. I 11. and the 53d of Ceo. 111. The provisions of the dif ferent local acts were cited by the Solicitor-General, who con tended that the defendant, notwithstanding he might be a guardian of the poor under those acts, had never attended any vestry meetings, or taken part in the parish business in a way that would niake him subject to the action. The defendant had met ely attended parish dinners. The Lord Chief Justice read his notes of the evidence res pecting the part the defendant had taken in parish business.— Ills Lordship read that part of the testimony of one of the wit tirvvie• which stated, that the parish dinners were generally el ected by sixty parlous, but it was difficult to get nine or ten vestrymen to attend to the parish business. lie observed, that lie expressed at the trial his expectation that those dinners, *bid' put the parish to a great expence, would be discontinued. 'I he Court, under all the circumstances, granted a rule to skew cause why a sunsuit should not lie entered. The Solicitor General then said, he had not pressed one oh Jectiots w bleb the case furnished. The 55th Gru. 111. cap. 12, set forth, that the supplies of provisions must he " for the sup port and tu..intensoce of the poor of the parish." if the work house which the defendant anified with milk was out of the of St. Matthew, Bethnal-green, the action could nut a. ply. Jost;ee Bajley said, the statute meant the poor of the p.tislo, sad I,e Com t could not say • workhouse out of the p .rido was n t nithin the operation of the act. foe Solicitor General then pee up the last objection, and &dared 1.. a intention to rely only on the first. Tilt KIM) V. .10LIFFE. NIT. Serpent Pell sated, that this w a quo warrant° it•- tu . 1.141C1011, hind torture Mr. Justice Butrough, at Winchester, ou the defendant to show by what authority he exercised Via u bee of ',sayer of Peters field ; a vertliwt having been gi% en for tI. defendant, the learned counsel moved for a rule to show etas • why is verdict should not be entered for the Crown.— T.ie ,sue was revectine, the wanner in which persons toted at th, courts•leei. The defendant acted as steward of the manor. Cr, the licit be, :qr. Sur; east Pell, contended the residence of slight to sustain the verdict for the defendant. Toe Jury found for the defendant under the direction id the Jud o s i and toe Cttart was now woad upon a miadirsotion of 41101 , . - • -,-- THE NATION. msawsur t►e Judge. Objection was taken oe the trial to the return being aide by the steward, the bailif being the proper person to make the return ; by that memos the Lord of the Manor, having authority over the steward would exercise that influence which he would not possessor,' tbe The Court held that the steward of the manor. according to the customs of the court-legit in general, would necessarily no minate those who were to serve on a jury. )NAL REGISTER Mr. Sergeant Pell contended, that a custom for 20 years was insulirient evidence to sustain the direction given to the Jury by the learned Judge. In the King and Bingham (2d East.) an objection was taken to the returning °Ulcer nominating the Jury. Mr. Justice Bayley.-II the steward presided as Judge, he would have an uportunity of judging whether the bsilid bad chosen proper persons. The Court granted a rule to show close. THE KIND A. WADDINGTON. The defendant, at the rising of the Court, p ted himself to address the Court. The Lord ClsiefJustiee.—We can not hear you now. Waddington—My Lord, if yon do not bear me now it will be too late. Chief Justice.—What do you mean to move ? Waddington.—A new trill. Chief Justice—Then you are not too late. Move it another day. The Judges left the Court, and Waddington walked away. COURT OP COMMON PLEAS. MONDAY, NOY. 4. STEER. O. NEATNFIELD AND ANOTHER. This was an action directed by the Vice Chancellor to try the validity of a petitioning creditor's debt, upon which *commis sion of bankruptcy was founded, against Mr. Holding, late a wine merchant, in the month of August, 1831. In support of this petitioning creditor's debt, and the act of bankruptcy on the part of Holding, two witnesses were examined who deposed to the facts. . . . On the other side it was contended at considerable length, that the petitioning creditor's debt was assumed for a collusive object ; because, when a former commission of bankrupt (afterwards superseded) was issued against the same party, the present petitioning creditor did not then claim to be a creditor upon t►e estate. The Jury found a verdict in favour of the validity of the peti tioning creditor's debt, and consequently in support of the com- mission. CORONER'S INQIEST. On Thursday night an inquest was held at the sign of the Black Swan, so Bermondsey-street, on the body of Mr. James Kidd, formerly a sail-maker in Rochester, Kent, who had lately retired from business, and wu in very aLuent circomstances. The first witness called was William Brown, a painter and glazier, who deposed that on Wednesday last, at about a quarter befrre one o'clock, be was sitting by the fire-aide in the shop of Mr. James, a hairdresser, of No. 154, Bermondsey street, and beard the door suddenly pushed open ; on turning round he raw the deceased rush in, instantly snatch up a razor which lay on the window board on the right hand side, and without uttering a word to any person applied it to his throat and drew it across. The witness saw the blond gosh Isom the woand, and immediately ran out of the shop for medical aid, — On his return with Dr.. Rolland, the deceased was lying on his back on the floor in the tamp. He was lifted op, but be ap peared to be quite dead. Joseph James deposed, that he lives at No. 154, Bermond sey-street, and is a barber and hairdresser. He was F.ttin,i in his shop at the time the deceased rushed in. The witness rose immediately for the purpose of attending to him, but before he had time to get across the shop the deceased hastily took up • razor, with which be instantly gave his throat a dreadful back handed gash. The witness immediately after the deed, seised the fatal instrument from his band. The blood issued in a stream from the wound, and the witness caught him in his arm■ u he was falling, and laid him on a bench and ran off for assistance. The deceased was in the last agonies on witness's return, and died • few minutes afterwards. The witness added, that his clothes were covered with blood whilst in the act of assisting the deceased to the bench. Elizabeth Ward, a chambermaid at the Bricklayer's Arms. deposed, that on Tuesday night, about ten o'clock, the de ceased came to the house, and asked for a bed. He went into the coffee-room, and SOME of the geodemen present spoke to him, but he returned no answer, and appeared very strange — neither did he call for any refreshment. After sitting about ten minutes, he desired that be might be shown to his bed•ruoin —the witness lighted hint up stairs, and on the following morn ing about ten o'clock she saw him standing at the bead of the staircase with his body leaning over the banisters mad his hand up to his head. He complained of having a headache, and asked if any person had beeu inquiring fur him down stairs. He then inquired what noise was that in the front of the house, end was answered that it was the bustle of the coaches coming to and leaving London. He desired the witness to walk iuto the room be ha slept in, saying, " I bled a good deal in the 'sight on the pillow, but if you turn it up issi will find some reepes pcnce tor the trouble I have giv..l }on." The witness went into the room, and saw the pillow bloody, and underneath found a shilling. The pillow case was here produced, and ex hibited a quantity of blood, from which circumstance it ap peared that the unfortunate man had made an attempt ou his life in the course of the bight. In answer to a question from the Coroner, the witness admitted the deceased !noised very wild about the e'es, and appeared to be in a low desponding state. The deceased left the house sour after. The aatuces identified the boots now produced with the tops sprinkled with Mood, as the pair worn at the Brickla)ers' Aims by the de ceased. Mr. Henry Robert Payne ex nixed.—lle said that hr had been acquainted with the deceased (ruin his childhood. 'I he deceased had lived at Ronheater, and had 'lately reined flout business on a very good property. There had been an estran;e meld in the conduct of the deceased for some time past, which was perceptible to many of his friends, hut they had no idea that it proceeded from insanity. The witness soon after the catastrophe of the late Marquis of Londonderry was in conver sation with the deceased. the latter, in . Bailing to that event, remarked, •' that we were not our own keepers, and that we could not tell bow soon it might be the case with ourselve►."--- The witness had a conversation with the deceased a few day s ago, in which the latter spoke vs:tonally, and in alluding 'o his properly said, it was not at all embarrassed. The witio,s farther said that the deceased ap:•eared to he in a low de spolid ing state since the death of hi. lather, *Well took place about 12 months ago. Dowsed, a watchman of Rochester, deposed that on Tue.- day morning last, the deceit. e•el otened his wink". ',loint tile o'clock in the inoiniug him. lie opened tb street door, and desired the wita.: MI to wa:k in ..u.l OViIICII the hews:, •-•••• r U) for bri the (deceased) was certain that there were persons con cealed in his !loose. The witness looked about, bet could are no one. 'I he deceased then took witness up attire to his bed room, and said that roaches, wile, Narrows, serpents, crackers, and snappers, had been ►wotting aid chasing after him ell night long. He then listened, and asked wit..ess if be did not hear groaning under the bed, and said. " Look, here are two beds, they mean to smother me." Ile lien led witness out into the yard, and made him search all over the outhouses, frequently exclaiming, " I know there are people concealed." Hr begged of witness to remain with him until drldigbt, and witness left him about halfiniat six o'clock. The Coroner summed up the evidenee, and obvetved, that it was evident the deceased had laboured under a deranged intel lect at the time of his death. The Jury immediately returned a verdict of Insanity. BREACH OF PROXISE OF MARRIAGE. In the Court of Castle llathen, the Isle of !Um, on the gals ult. ate action was brought by Miss kit lue, (laughter of the late Captain Ritchie . , of the East India Company's naval service, against Lictit• 13hteu, It Navy, fur a breach of promise of mai nage. 11 neo the father of plaintiff. Capt. Ritchie, last kit 11141 a, Ile 1111C1IdCli to rellirli, ult.l therehire lie did nut Like that pains in arranging his affairs that lie should heier dui ; the consequence was, as is too Mien tile case, lit, 1 4,,- perty was destroyed by those whose care he lett it t.i.— Illness prevented his return; and ai his ilealii Ihe plain tiff, and a very delicate yoking mail, her boot her, themselves I:tillerless, and almost I.einey less. Exprcliaz to leave his children in a liclice, lie sp.ired naming me their education; anti tile ;dahlia in her be%f iitectillt year, found herself txcluded lay lien circuulataucrs iruin that walk of Ile of wit cis her accomplishments her to he an ornament In November, itlift, the de. fendatit met the plainiaT at the house of 6u aunt. and an intimacy was ilittrUpoll formed. He was rhea a Lieutellaill is the N asy tin hall-p.y; but he 11.111 some time previously (as Mr. Barry ) travelled ti.rougit the several gradations of a player's Itie, fr a country stroller up to a second rate pet funkier. From tits of the first iiitimacy taking place, the defendant was the practice of engaging Ritchie in parties whh his family in various public places. 011 all those occasions Miss linchte paid for toe party ; the defendant Caine to attend the young lady, and received h. r purse; he at tended her home at night, and, in parting. returned it; so that he had all the appearance of a gallant and liberal lover, when in fact Ise A. Is sucking the last shilling front the tinimtunate and innocent girl, who had ion nitwit the feelings of a gent' .ew iiiii an 10 regret the money, an.l too little knowledge of the world to know that this con. duct was any thing extraordinary. system of plun der continued Irotat the cud of I).:cember till the l mill of June, at which time he had reduced the young lady's property to caul. He was all this time full of love :ilia ardour, vowing eternal fidelity, and made a promise to marry the Manual ni Septenitter. But, finding this time approaching, he instantly changed his plan. to c%Aile an engagement he 'icier intended to fulfil. 'lite planitia. an excellent periormer uu Ille piano -forte, and ready to work for her bread, and the bread of her worthless lover, is persuaded to transport herself to Ireland, to learn mu sic according to the system of Loper, which was then taught there by a 111.111 of the uanue of Blurt. The de fendant, in the name of Miss litichie's brother, who. from a complaint in his eyes, could not write, cartes on a correspondence with B,uet iu i.rofesses to inquire into MUCCI. character, and at length snakes the idatittiff go to Dabliti, and p iy one hundred guineas for eighteen mouths' instruction under that man, lot the pro fessed purpose of marrying the defendant, and working as a muse mistress hir his support. Having twanged all this to his satisEctiute, tie then calculated mat she had better set till early iii June, as by that time he would nearly have exliaus:ed her cy, and kit her barely sufficient to pay Lei hundred guineas to Blurt.— He pursued this ills-racedid course Until at leisath he deserted the and becomes the fancy awn of a prostitute—one who Ilvva wish a WOlll,lll 01 ivtllV, and Witt(' himself to be stiplairtetl by her tin the tarnitilis of her prostitution with milts lin ors, 4,1 i Whote adwisswu to her presence lie mei iri s. '1 tits ulscwrry was made by the aunt of the p 1.1.11 ts lin went to tar eilealie, and they: raw the 1.11: ILI anti the WIMIJIII ,, g,,IIer. COMM! illatle a VC,CiI lii LA'fisl,CC, LAIL C4likAl Ito Wit. maws. Verdict—l)linaces 501)1, find a ll root. On Friday List an intim st v% as held at the atmlee ATMs, Betllll3ll.arell. by Nlr. CIIWIII, co (mei., ma the body ut all In isaitteU Mary Jtmes. It appealed front the esbtriies: tlierowil, while laym4 asleep bed, had bee o eery lIICJUtIUII3:y lest tbcn•, and turned up with the bed, by v. niell sne V‘As sulb c. rd. Ihe Jury, after ammath. rt Inc v ty stscrrly on the conduct of the parent uf the chilc., I,.turm d a % erilict a—Act:Wen al death. . . A young woman, of the mime or soli' nol),nii; has been counuttted to Aiylt by gaol for to.tl tot her uau C. , 1110131011, tOr itat.log totlftic red her itcw-torn tolato, by carrylog U across a heitl to J 9111Ji1 r:%iiirt. whrle She litrallgiell the iliciplepb 11$130t,eist, alga ueh,l it itthl,r the wlter tutu It WAs (I , lllr id. Toe body a'terwarls bound ill the watt r aUuul too aitl• Imo, toe place Wilk:(C It WaS tllllolcr,tl oy 11, otottit . i, ACCIDi.NT WHOM Fllikrworge.—Bctoween one anti two u'Llucl ou Jili,iicay aft-iiitiou a young mao of 1:•ei nam• of Freeman, a ludArr ui t..s lioune of ht. 1 ( 0. all I, ft. Pelham street, Mick-Ion:, Natal:A . ld%, ulakiuti some squills atd other lire works, held a limier of guitisowitar is 1:112 MI list with tile otlar lie went to ttAtio suaie louse liowtier ialo 11.6 lire. Ukiah witasiainitattit ails toe lowlier in las • bawl. which es.plutieti ; his face la.. 4.)e1l alit m ci shockingly horned, "Aid it is !clued ile will 1,4.:1Lc 1.1,1.1 I Loth Lis eyes; his hair *Lk knot, semi hi. algid mita maimed ; he wss iinintniately to EA An appresilise to Mr. Doi..islo, olauke.„ 1n1,.4a Issiteict, Sonici stow al. met will. a at.citiciii in n - rikii a leis day. ;.go, so, ai liar hnuat lad alt r 041.14 s.scal,e is, so thin, KO is.. lare. t 1 e sheiewini'sia baling ;Autos, to lists. all:: oe'ltill,l a.ff Cie o.li:ilia Ore, a~