The National Register. — London, England, 1823-04-20 00:00:00

•- ,- -_ ----zw , Lair /ATE LLIG ENC . E. • COURT OF KING'S BENCH. WEDNESDAY. APRIL IQ. Mr. Justice Holroyd sat this dsy to hear motions before the arrival of the other Judges. Soca after one o'clock, the Judge& earner into court and took their seats with the formalities moll on the first day of Term. ST. MARY, NEWINGTON. The Solicitor General moved fora rule to chew cause Why ■ aramliterns should not issue direeted to the governors and g .ardians of the poor *lSt. Mary, Newington, and commanding them to call a vestry fur the purpose of nominating eight persons ea officer* of the poor for the present year: also to elect twelve guardians of the poor, who are to go out of office. The Solicitor General stated that a vestry was hell at Easter, for the election-of parish officers t but in eoasequenoe of dia. put!' and opposition, no election took place. The time allowed by the Act of Elizabeth for the said elections having expired, the parish was left without officers unless the Court granted the 11411111624811. The Court granted a rule to chew cause. DOE ON THE DESUSE OS POPPERTON AND OTHERS P. MARY SIWPSON. Mr. Brougham moved to set aside the verdict in this ease, on the ground that it was against evidence. It was an action of ejectment tried at the last assizes fur York before Mr. Justices DJ) ley. Certain premises hod been demised by a lady named . Mary llirdsaw to the defendant in fee. An ejectment wits brought to try the validity of the deal;se. Evidence wail eared to prove the insanity of tke testatrix. A surgeon who lied never seen Miss Birdsitielemn 1811 to 1822, deposed WM alto wan insane. The will under which she demised the property was made in 1821. During the yens between 1811 and 1822, Die witness had seen the testatrix, yet be swore from ' recollection that, the lady was insane. • Mr. balk:: Bayley.—" It stroqk man the trial that it was a which might have been deer ed by arraugement between OP port ie a." The Court granted a rule to chew cause. ' TIIIIRAIIAR, APRIL 17. • This ease arose from an application made by Mr. Brougham in a former term a;ainst 21r.Crer, a solicitor in external , * p actice, and one of the officers of the Court of Chancery, oe Imhoff of a gentleman aimed Sandys and Lis son. The affidavit of Mr. Sandys stated, that his son, when 10 yEare of age was, received into Mr. Csrr's aim-, on the terms that lie should serve for a year, and at the end of that time be articled for five years without a premium. At the expiration of It months, hlr. Carr proiesoed his readiness to fulfil his part of the engage ment ; Mr. Sandys supplied money for the payment of the stamp duties. and articles were prepared, sod commuted in the office of Mr. Carr.. The applicants farther deposed, that eon &din in the bower and integrity of Mr. Carr, and regarding him as their professional adviser on this ormasios, they did sot read over or inspect the asticies which they execrated; but they believed the engagement to be to Mr. Carr himself. To their astonishment they afterwards found that the articles were executed to a Mr. Cole, foe whom the young man performedno &perk* of service. He had served three years in Mr. Carr's office, and as the statute requires, before the admission of • party claiming to be allowed to practice as an attorney, that he should metre affidavit of five years' erowsfide service to the 4,•ssier wham he is hound to.oerve, these three years of attend were entirely is vain. The Court then, on the statement of Counsel, granted • rule, calling on Mr. Carr to show cause why lie should sot repay the money expended fur stamps by ?Cr. Sandpit, and to answer the mailers alleged against Mr. Scarlett now showed cause on behalf of Mr. Carr. Ho said that Mr. Carr was mnat willing to make a fair and liberal recompense for the unfortunate result to the young man, although there was nothing in the whole transaction which could threw a. 'staid on his honour. He would article the young man to him self without expence. and pay hiss a eatery, or take any other worse which might be thought most conducive to his interviste: Mr. Brougham expressed a wish that the bona fide service in Mr. Carr's office could be taken as a portion of the time which Mr. Sandy's, jun. most The Court intimated that they bad no power of this Usti, as the set imperative:.; required an affidavit of actual service under the articles to the proper master. It was finally agreed that the whole matter between the parties should be referred to Mr. P.rk. The Lord Chief Justice.—Now that this role is disposed,of (think it right to say, that if, after this case has been thus before us, an attorney shah article a clerk to another, with the intention that the service shalt be performed with himself, he will be deemed guilty of great dereliction of duty, and will in our the serious diepleasure of the Court. PREROGATIVE COURT. • BLAKCSON Conatnumast.—Thit wasa 1:141311i011 a, to the admissibility of three codicils as part o: the will of the lair John IZUblry. k....5q a West India merchant, whose property was estimated at 200,0001, who died in 1821, at title I • his estates in NI tild!esez. It appeared that Ur. Itoidey made the three codicils in commit an- It Celltlll to the year 1814, awl in them he made provi sions, independently of the provisious for his bona fide family, for several natural children, lor the several mo thers with whom he then cohabited, liter as many other infants not recognized by the law, as he might It readier have, and appiiiiitoo,. , Citiiiiingliant the trustte and guardiaii to Mimi. the 1.13 t codicil which he made to his will, he sihl, " I hereby confirm, as para 0 1 m y will, the two codicils of Use dates of ISIV and 1823, without mentionili„ the three codicils its question, which were antecedent to those codicils. It was there ~re contended, from his specifying so particularly the latter oteiitioned codicils, that he only mentioned them us part of his will, and that the three to question, fron► not havina Isar, IsleillllllJell, were by implication revoked. Sir J. Nicholl, in his sentence, said, it appeared that the three ctulictls m question had been regularly ex cuted and attesivd. Now, h.-fore siteh 111!.1 11111 l euts as these con4l be resoked by .1 C tof Law, when they had nut been expressly revoked by the testator, the animus rstlro eendl, or intention to revoke most be clearly Willie out. —Ol the intention of the testalor there appeared no evi dence to prove that he meant to deprive his natural children 01 the provision he made for them, and the do cuments mull therefore be contodered arid remain valid. The decision establishes' the right or his numerons West India wives and children to very large annuities, and of his slaves to a prest nt of 100 hogsheads of toLhaccrt. PALACE COURT, FRIDAY, Arm 13. HUGHES V. J. W. TAXILINC, eat. Mr. Mangles stated, th.s was au action to recover the sum offs!. 4s. iOJ. fur refreshments furnished by order 'RE• . - r . .-4e • ' ' ISTER e the -defendant to the burgesses of Berwick, at the White Bear public house. The learned counsel then shoitly *tab.! the Lomas afterwards detailed in evidence. George poilti.-1 know Mr. Parkins-1 became ac quainted with 1 on the loth-1 was at Mr. Hughes's house. Mr. Parkins was there and several of his irtends. There were refreshments on the occasion. My brother borgvs -s did me the honour of electing tine chairman. The refreshmetits were supplied by Mr. Parkins's order. Subsequently 1 said to Mr. Parkiiis p _" will you do me the lio.tout to take some wine ?"r-- He said " No, as it was g nerally ba lat such houses."-1 teplievl " k was remarkably lie then sattl, " Never min.! that —these people lutist hare some refrtalisuent."—The room was nearly full of burgesses. He also said to tut, " C. II the landlord to give the-company whatever they recsire." 1 immediately called the landlord to-me, and said to litat, it is Mr. Parkins's pleasure that you give the company refreshment. Mr. Parkuiss was on my lett at the time ; the landlord in reply said, " Sir, L thank you." The landlord then covered the table wait refresh. meads; Mr. Parkins participated; he remained with me and toe borgesses till hall-past one. !think it com menced at half-past ten at night-1 left many burgesses behind me—clormg the tone we hail a private con% dia. king was ordered—loose Mr. Parkins the next day, and wrote tin a hit of paper, " 1)u you wish the burge•ses to be entertam..ll as they were last night r— ilivaliswrr was, " I mink nut generally so, but use you discretion."-1 went in consequence forthwith to toe landlord, and repeated what Mr. Parkins had said, and also corn 1111 l nieeted it to the committee. There were more refreshments ordered. We had several meet togs afterwards. The average number 01.1)0110119 present on these occasions was ten or bitten. Other witnesses were examined. Mr. Scott, an attorney, who accompanied the defen dant stated, that he attempted to quit the house miens a treutlrwan named Holmes having proitosed Sir George Alderson. Dun% recollect has having promised to pay anything. Mr. Holmes was esamitied, but- he merely stated that lie attended for the purpose of proposingStr George.— Don't know whether Sir George attended pefeunaliy. Mr. l'hessieer, for the defendaht, adtltessed the court and jory He said, this was a combination against the detentlant by the burgesses, who endeavoured to make a dil l e of him in older to set op opflositiont against the in , terest of the Marquis of Waterford, and Sir Junta Beres ford, by which, 111C4111 their votes would become doubly valuable, and of course their interest was to make the most ul them, anti he trusted the jury would skew their good sense by their funding a verthettor him. . The Coition-an su 11111 l ed up, did the Jury found a verdict fur the plaintiff —Datitageili 151. Vs, dd. OLD DAILEY SE,SSIONS. WRDNESDAY, APRIL 16.—William Trapp. a respect able 'nuking young wins. was capitally ',libeled for having co tttttt itted an assault upotl Charlotte Rooks. and inflicting divers wouinis, with intent to w arder or to du her some grievous bodily harm.. 1 he prosecutris was housekeeper to Mr. Horne, the vestry clerk of Poplar, where time assault was.cwumiut•d, and the wounds inflicted with a hatchet. which instru ment he was seen to throw away, he being.apprehenderl on the brit. The prosecutrix Rooks).-gave evidence to the facts. Daniel Talbot, a letter carrier, passed the holm of Mr. Horne, on the day in question, on a stage, and saw a number Of people collected before the d,or, and heard the cry of " Murder!" lie alighted and burst open the door, and found the prosecutrix with blood 'streaming from her head. the prisoner grasping her 111 the passage, as if endeavouring to _prevent her making egret.. Wit itess said to him, " You rascal. what are ybu about i"— The telly was, that she (pro/returns) heel ill-treated him. Several 'wrest's. came to witness's assistance, and emitted the prisoner, and delivered hint over to au ollict.r. Several witnesses confirmed the statement as to the 'apprehension of the prisoner. Mr. G. Bailey, a surgeon, described the nature of the wounds, one of whien had divided an artery ou the tent. pie, end occasioned a great flow of blood. The prisoner made no defence. , John Trapp, a gentleman of respectable appearance, the father ut the prisonerolesenlieJ him ass person who had received a liberal education; hail been usher to a school, and was remarkable for seclusion, being colon. totally wrapped in study. About two years ago lie Tinted his scholastic employ, in consequence of the rupture ut a blood vessel, since which he had been learn ing the business of a lady's.shoetitaker. and his Winner' had heel' velymuch altered, and evinced temporary de. rangenient by his actions, which he described. He said lie was trove his inlancy of a ping)" placid, and humane disposition. Mary Trapp, sister to the prisoner, deposed to various instances of wild and WWIe conduct on his part. The Recorder su iiiiii eil up with strict impartiality, and the Jury, after an absence of nearly an hour, returned a verdict of Guilty-13ealli. Mr. Alley said, that he was desired on the part of the prosecuting. to state, that she must sincerely iorgave him for the iiijunes lie had inducted upon her, and begged most earnestly to. recommeird hint to mercy. this recommendatton the Jury joined, adding, as the ground opus. which they gave it, the precious good criaracter borne by the prisoner. Ttie 11ecorder—Tne recommendation mails by the prosectinix is reacily what 1 should have expectcd Join a person who gave hei evidence to the mild and bisrmane manner in which she dirt. The Peel 1111 l nendation. with yours, gentlemen of the jury, shall be forwarded to his M.ijesty with all the force which 1. can give to it ; but it is my duty to observe, that a snore aggravated case has not collie before the Court for a very lung lime, and 1 would most earnestly recommend the prisoner to make the best use of his time. it behoves him, as be valises lIPPWRIEMbeik ~'•. .11111 P ... .L•. his ete►nal welfare, to prepare for the worst that can happen. The prisoner was then removed. TousistWir. Amt. Needham, a respect— able looking man. aged 3f. was intik( led for iorging and tittering as true, a bill of exchange for 661. purporting to bear the acceptance of Jeremiah Storniord, with inte►►t ' to cheat and defraud John Kinnear. The principal witnesses to prove the cite were John Kinnear (the prosecutor) and a man named Frias Todd, his clerk. Kinnear, in cross examination. said be was the person, convicted with Maseley, Woolre, and others, of 3 incr. motile conspirace, and was sentenced to 1111 m hs imprisonment. The prisoner gave him a character upon , that trial. The prisoner had dope business with and for • hint to the amount of " many, marry thousand pounds." ' as an aserit. Friar Todd, on cross exisnination, said he had known Kinnea► font montlis,,aitil first saw him Norfolk-street. Ile afterwards said he became acquainted with him four years alto in Curzon-sheer. He was•repeatedly odour., wished buy the Recorder to take care of what he was admit. The prison►.read his defence from a paper, in which he dectaral himself to have (xen.the dupe of desig g • m►en, and ►arid the prosecution was. instituted only fur . the purpose of extorting money form his friends. The Recorder summed np the evidence, sail the Jury . immediately returned a verdict of not guilty. t The pm - riser was arraigned upon the remaining _ dictmenls pro forma. and sequined. WADDINGTON THE RADICAL. FRIDAY, APRIL $8 —Samuel %Vaddington. of bill= sticking notoriety, was indicted for an assault and raw/ on Anne Thomas, on the 17th of February WA, in the House of Correction, Coldhath-fields. - -t The prisoner appeared at the bar respectably attire. a blur coat and striped waistcoat, and •hiahair cortHrad back with particular precision. The prosecutria was a child of diutiuutive sise,, and of prepossessiog appear. • mice, respectaoly attired. Alr.Preudergast slated the disgusting•detail of the facts he wss ahem to prove to the Jog!. the particulars of which we are precluded detailing* The. child is the daughter of a person who was it•kiard friend to the pri-• softer, and sent her with her sister with a daily meal.—e••• He requested a few days before the assault was comma.' ted that they (the two children) would come separate- - this plan war adopted, and be eii.cted the purpose tor. which he was ou his trial, and lie afterwards tEreatened la kill her if she t4ld•any ore; end if she told her fa ther and mother they would b oat her severely. . Tim prisectiuis was . •trwith strict tic y by. the Recorder—She *eta to a Sunday SthOol, read the Roble, knew the Atli commandment, mut expected to: go to hell if she accused the prisoner wrongfully. She • deposed that she had been its the habit of going to the !louse of Correction, Coldbatn-fields, With money ad. - lected front a club itt Charter !louse Lane, and also with dinners; rememlsered that on a Mondry in it. brstary lie raid he would send r " Valentine .; to her. - fattier, to let her and her sister come separate, as the' turtskcys thought it too much trouble (0 let then, in boot together. 'rite treat day witness went in alone, and her. stater at the same time taking her lather's dinner to a• carpenter's shop, where he worked. The-little girl pro ceeded with har, es Weiser, which is of 0001111 C• Unfit fur• publication. A medical mall was afterwards examined, from whose evidence it appeared, that the capital chario ouelin•te:; be supported. Tliitti corder here stopped the ease s and directed the Jury to aegitit the inisone , . '1 he prisoner then bowed and withdrew The prodeeutne was renituded that he was bound in recoguizauce to prosecute the prisoner for the assault,. with.intetat to conkint a r.tpr, as sixth as his terut of imprisonment in the House of Correction should espies. MIDDLESEX SESSIONSt ESErRAORDIsimiIr FRAUU.—A vomit female of pre.. possessing appearance, 'stained MlUncut. Blake, was. charged with intlawfully oblaming under fake pretences . theater's-of I. 4s. front the united parishes of St. An. drew,. Holuurn, above Bars, and St. George the Karts r. It appeared that, in the year Igly. the prisoner, was delivered in the workhouse of St Andrew,Holhorti,.and Si. Gem,: the Martyr, of an illegitimate chilli, anolshe lather of the child gate security to the parish to allow her 4.5. a week for its support. About .a twelvementir after the child had been horn it died, and the prisoner continued up to March last to apply for and receive the ',elision fur its support, irerpiently producing a child, which she mined to be herd; but, in point of fact, sloe had borrowed this child for the purpose of extorting the money trout the parish. On every occasion she stated 41tat the child was alive, and at nurse. The fraud hays rug been discovered, the parish had instituted the.e pro ceedings against the prisoner, in order to repress such iuf conduct. Witnesses were called, who prov:ed the facts. The Chairman summed up, and the Jury found the prisoner guilty. The Court sentenced her to three months' imprison; Anent in the Douse of Correction. .... CAUTION TO CARTSKS.-.•011 Friday the drivers of four carts were charged at the public office, Hatton. gerJeti, by a toll collrcter, with ri in so u l on the shafts tS their carts, on the road leading from B ells Pund to Islington; they having no reigns to their horses, not persons oh foot to guide them. It appeirs that, by the new turnpike act, any toll collector seeing and suffering any cart, drag, or waggon, to pass under such circum stances, without his giving inforistation within .even days, renders himself liable to a penalty of 51.. Thg present charge has laid by the complainant ender this comptslsive sm. lie said he did not do it for the sake - of the reward, and believed they transgressed through itt. nOtallCe. H.e hoped the slightest penally would he in. flitted, and expected that would be a cannon to others. They were each coin lend in the lowest pcu.ili!cs. "f r- ' 7", 11 "* . th .7 ,110111.1136 r 4 g. Ik. • - MOM , . ~.i II