The National Register. — London, England, 1822-02-10 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY. MONDAY, FEIS. 4. DREW( v. CROUCH. The Court was crowded to excess this morning in expec tation of the parties, who were ordered to attend his Lord ship to answer a contempt of Court, to elope from the house of her aunt and maternal guardian, Mrs. Bs efield, of Old Compton-street, Soho-square, on the tOth of January last, for the purpose of marrying William Turner, ajourneyrnan plasterer, would he brought up The parties attended ; they were, Win. Turner, the now husband of the ward, Joint Turner his brother, Eliza Turner their mother, and Eliza Turner, her grand-daughter. The young lady has a fortune of 5,0001. t the marriage took place on the day she eloped, at a church near the Tower. The Lord Chancellor directed that William Turner, and Eliza Turner his mother, should be committed furthw ith to the custody of the Fleet Prison, and dismissed the cbarge against John Turnerand hi. niece Eliza Turner. THURSDAY, VEII. 7. MURRAY VCrWa SENIOR. Mr. Shadwell moved the Court for an injunction to restrain the defendant from publishing a certain work entitled " CaM," the production of. Lord Byron. The lord Chancellor observed, that though he had not read the wink, he had reason to believe from what he had heard, that it was of a nature to preclude his interference in protecting plaintiff's property. Mr. Shetlwell suggested to his Lordship the necessity of having the injunction grunted, as the case could then be argued; to which his Lordship assented. COURT OF KING'S BENCH. MONDAY, FEB. 4. THE KING V. DN. N. HIGHMORE. The Solicitor General prayed the judgment of the Cone on the defendant, found guilty of publishing n libel on his Majesty. The libel was a letter addressed to the King, which has already been before the public. The Lord Chief Justice said, my recommendation to both parties is, that this gentleman he allowed to enter into his .441 D recognizance to appear and receive the judgtuent of the ,Court when called on The Solicitor General.—My Lord, I accede to this, on the part of the Crown, and consent to let the defendant out upon entering into his own recognizance. Mr. Platt, as Counsel for Ur. Hiehmorc, then requested that gentleman to withdraw, and consult with him upon the proposal made to him. Dr. Iliglimore was grateful to the Court for the recom .osendation thrown out, and he should be happy to enter into his own recognizance. The defendant then entered into his own recognizance to appear when called on. THE KING V. Josseu MIITHERBANO AND OTHERS. The defendants appeared to receive the judgment of the Court, charged upon information filed by the Attornev- General, w ith a riot and assault on the Custons.house officers (at Bognor, ill Sussex), in the execution of their duty. Mr. Justice Holroyd, in the absence of Judge Bayley, delivered the judoleut of Court, by which the defendant Sutherland was sentenced to be imprisoned thtee months iu Hurshasa Gault the other two defendants were sentenced to two months' in the same gaol. COBLE C. STUBS. 10 this case the Court had to decide whether an old smug gler could be made a bankrupt. It was contended there must be a lawful buying and selling, and that the smuggler was not within the bankrupt laws, because what he did was illegal, The Judges, after heal log the question ably argued, were (opinion, that under all the circumstances the legal credi tors might sue out a commission against *smuggler. CASE Or NAIL DISPISTIte. Mr. Chilly said he was directed by Judge Bayley to bring before the Court a case in which a Member of Parliament, who offered himself as bail, had been objected. The objec tion took place upon a case decided in the Court of Common Pleas, in which it was held that a Member of Parliament could not he admitted as bail. The Lord Chief Justice said the Court were of opinion with the Court of Common Pleas, that a Member of Par liniment conld not be bail, but in consequence of the absence of Judge Bayley, the Court allowed Mr. Chitty to take a rule to shew cause why bail should not be stayed. At two o'clock the Judges sat in the Exchequer Chamber apt:on Crow's cases. REUXESDAT, VIM 6. Mr. H,IT.—On the Judges coming into Court; the Chief Justice stated, that a letter had been received by one of the Judges of die Court this morning, from a person in confine ment, complalaing that a refusal had been made to admit an attorney for the purpose of drawing up an a ffi davit to lay before the Court, also of improper treatment, and the same persou was afflicted with an inflammation and spasms in slit sliest, and that a refusal had been made by the gaoler to admit medical attendants. The Court, therefore, thought proper to make the following older forthwith: — " That the gaoler of his Majesty's prison at Ilchester do forthwith admi the attorney of Henry Hunt, in his custody, • prisoner, and also a Commissioner for the purpose of swear ing such affidavits as the said Henry Hoot may think proper to lay before the Court. and also such medical attendants as the said Henry Hunt may require." 1111PROPLR PRACTICE OF •TTORNRYS. Mr. Pearson moved for a rule to sbcw cause why an at trolley of the Court, residing in a distant county, should not be struck off the rolls, for permitting a person unqualified to act and use his name as an attorney. It appeared from the statement of facts, that the person who was in the situ ation of u sheriff's officer, ons pertmtled to sue out writs in the came of the attorney, and a cornpensatiou iu money was given for the permission. Upon itiqu , ry several cases 'acme discovered of a description ullich made it necessaty to ap ply to this court. The Lord Chief Justice.—W hat i 3 the Act, Mr. Pearson, which gives us puss er Mr. Pearson.—The 22t1 of Geor4e the Third. Chief Justrce.--Take mi ride to chew cause. Mr. Brumuhans also moved Inc a ruielto strew cause why an :morn?y of the Court should not he struck Of the rolls, for permitting one Jaques, oho was nut a practising attorney, to mitt its his mime, nod whs the -std Jaques should not be committed for so acting. In this case a co mpensation at.- cordinz in the statement uf Mr. It vegham, was paid by Jaques to the Attorney. The Court granted time rale to %hew cause. TRIIRSDAT, PVT 7. 1141 RING 5. I)LNN. Mr. lio f igosnosea the judgment of the Court upon James Dunn. dltallesia at able Sittings alter Term of wilful and cur .uPl prjory Win a Gesorantee of the House Of COMMODie ti r~-~+•■ ~~ THE NATIONAL REGISTER touching certain allegations of bribery during the last general election foe the borough of St. Ives. The Lord Chief Justice ordered the defendant to be remanded in the custody of the Marshal of the Court, and come up again for judgement on Monday. THE KING W. WTAVER AN$ OTHERS. Judgments on the defendants, for publishing libels on her late Majesty, and others, in the Oohs Bull, was postponed until next Term. FRIDAY, FCC. S. Serjetint Hullock moved the judgment of the Court on David Ridgway, convicted at the Leicester Assizes of pub lishing a 'seditious lihel, viz. Garlile's New Year's Address to the Reformers. The defendant bring placed ou the Moir, Mr. Justice Holroyd read hi, note of the trial. The affidavit of the defendant stated, that be had been put to great expellee by the prosecution, and was reduced to great poverty, and that he bad a wife and five infant chil dren depending on him for support. The affidavit of D. Ridgway, nephew of the defendant, swore that since the bill was found a circular hnd been sent by the Secretary of the Constitutional Association (the pro secutors in this ease) stating the law of libel. The affidavits of Peter Turner and others, residing in the town of Manchester, giving the defendant a good character, were al-n read. Mr. Brougham addressed the Court, as Counsel for the de feudant, in mitigation of punishment. In the conduct of the prosecutors the defendant had found great cause of com plaint. The indictment was originally found at the sessions, but removed by the prosecutors. Thee was nothing that a Manchester Jury could nut have tried as well as a Lancaster Jury. Had the defendant been tried at Manchester, all the extra and unnecessary' expense incurred might have been spared. The defendant hail also to complain of another hardship. Their Lordships had heard the affidavits of David Ridgway jun. and it si as almost unnecessary to arse tine ob. servation in proof of the indecency of the act alluded to.— No affidavit has been put in to answer it, if any answer could be given, because the parties dare not perjure them selves. Bow then stood the mailer t—These prosecutors, who were su lender of the law, out of pure love for the due administration of justice, bad pot fur' h, through the medium of their Secretary, the law of libel in a manner which must have been pr. judicial to the defendant on his trial. It was clear they were endeavouting, whether they know it or not, to prevent the defendant coining into Court before un un biassed Jury. Whilst they were circulating attacks on per sons guilty, as they supposed, of publishing libels they acre endeavourio.; to convict the defendant of the same earner. —lt was a rlanderous attack, until the defendant was found guilty ; and the mischief was, that it was addressed ltl the peruses whom they were selecting as a Jury to try the de fendant. He was persuaded the Court heard this with in dignation, and that it would weigh with them in the judg ment they should pronounce. Mr. Serjeant Hullock addressed the Court in aggravation. The Conn, after hearing the Learned Sergeant, ordered the defendant to come up again au Monday to receive the judgment of the Court. THE KING V. IOLIIII. Mr. Tyndall moved for a rule to chew cause why the Co roner of the county of Middlesex should not strike a Special Jury for the trial of this indictment, a former Special Jury having been quashed. This the public will recollect was an indictment preferred by the Constitutional Society against Mr. Dolby for pub lishing the Yolttiaal Dictionary. An objection was taken to the Special Jury, on the ground that the Sheriff, Mr. Garrott, by ss horn it was struck, wasone of the Constitutional Society, and consequently a prosecutor. Ulm' a challenge of the array the Jury was quashed. The Court asked if the same Sheriff was now in office. Mr. Tyndall ;answered in the stilt motive. Judge Bayley.—Take a rule to shew cause. Ex parte R ios. Mr. Botch moved for u rule to skew cause why Mr. C. Murray, an attorney of the Court (who is the uoturious Se cretary to the Bridge.street Association) should not pay over certain monies received front the Court of Admiralty, having newer accounted fur the same timing ten years. Mr. Molloy several times interfered, s tating that the mat ter was still toefore Judge Best, at Chambers, but the Court would not ;allow him to interrupt the learned Couasel. Judge Bayley, addressing Mr. Botch, said, you are at liberty to make an application to the Court, as other gentle men are; and you must nut be interrupted. Mr. Botch then stated, that he grounded his motion on the following transaction:—Au American ship was taken by an English cruizer, mot the own. rs petitioned the Admiralty Court fur restoration. Mr. C. Murray was employed to coo. duct the proceedings. As the agent of the owners ke re ceived test rat thousand pounds out of the Court., and had never accouiat sal for the same since I WO. Letter. had heel' sent, but no an wars returned, and when his employers met him in the it, eet he gave evasive answers. De had papery in his possessioat a Mich the pal ties were desirous of obtaining. Judge llayley.—Doesy our alli tacit state he is as employed by your client as atturat•y I Mr. Botch.—Yes, my Lord. Judge flaalroyd.—And that he refused to account for money received? Mr. Rotch.—Yes. Judge Bayley.—Take a rule to shew cause. Mr. Murray Dieu wished to address the Court, statiug that the matter was still before Mr. Justice Best, at Chanabe. 5. Judge Bayley bring obliged to notice the repeated efforts oh Mr. Murray to contradact the learned counsel, said, " It is extremely improper that silly gentlemt n who is an attar ney should interrupt the proceedings; and if this intermit lion was allowed on every cx parse application, the busiuess of the Court (valid tun go on." Air. Mut ray thru sat down. INSOLVENT DEBTORS' COURT, FEB. 6. SINGULAR CASE—James Fleet Cover was brought up to he hevrd oil his petition to be discharged, and was opposed by Mr. Norton, on behalf Isaac Itist, a cre ditor for 14 . 391. Mr. Norton stated, that the insolvent hail for several years carried on the trade of a cock jobber and of a dissenting minister. In the yQiir 1810, lie became the pastor of a religious congrev,ation in Suffolk, of which Nit . . 111,1, the opposing creditor, who is a farmer, was a member. For our years the insolvent continued to dispense the word to his congregation in Suffolk, during which time he was received with the utmost confidence in Mr. Rist's family, and became his adviser. Mr. It. having saved 10001. out of the profits of his farm, the insolvent, in the month of June, 1815, advised him to facial it in the funds, which was accordingly agreed to, ~e 'i~ a and the insolvent who professed himself an adept in the management of stock transactions, came to town to make the investments. Rist had occasion, some time ago, to draw out a sum of 5001. and subsequently a SUM of 2001. both of which transactions the insolvent managed to his satisfaction. The insolvent soon after came to reside in town, as minister of a congregation, and Mr. Rist confided the sole management of the 3001. he then had in the f Is to him, with which, and 2001. of his own, the insolvent advised hiniihe had purchased j an Exchequer Bill for 5001. Mr. Norton here read extracts from a series of letters written by the insolvent to Mr. Rio, from 1815 to April 1821, in all of which, except the last, he gave acccounts of the great success with which he was specu lating in the fonds, buying, he said for ready money, and selling fur the account, and holding the stock fora secu • rity, so that there co uld be no loss. Mr. Rist being sa tisfied from these representations, the truth of which he did not doubt, that his money was perfectly safe, he gave the insolvent an order on his cora:icon for 1741. and remitted hint 1051. in the h of April 1819, fur the purpose of increasing the capital that he thought was in a state of rapid iniprovement. Fur so great was the skill and success with which the insolvent stated in his letters he managed the property, that in Jan. 1821, Mr. Rist's capital amounted to 8391. In one of the letters the insolvent told Mr. Rist that he long wished to go to Liverpool and Ireland to f mercantile connections in the former place. and in lin, Cork, aml Limerick; and as he conceived personal application was much the hest means of obtaining his object, and wishing at the same time to consult economy saltnuch as possible, he had agreA with the Evangelic Society to go to Ireland as a Missionary. The next letter o as written from Ireland,and informed Mr. Rist thit the insolvent was succeeding in all his objects, though he had ex:ierienced much opposition front the ungodly, both in the pulpit and out of it. The moral state of Ireland, he said, was truly deplorable, and the people all appeared to be poverty struck. A letter, written by the insolvent to Rist, in the month of January, 1821, expressed his sorrow that fist hail not sooner advised hint of his wanting 3001. as lie (the insol vent) had laid out all the money for the April account, till which time it was locked up, as those trsaisactious are never altered. Rist, it appeared, was prevailed on to wait for the mo ney lie wanted till the settling day in April, immediately alter which the insolvent astonished him by a letter, stating the total loss of his funded propeity. " It is with infinite grief 1 inform you," said the insolvent, " mat in consequence of repeated losses, its rapid succession, I am totally unable to make the pay. merit you require, as the whole of my property, and that which you entrusted to my management, are in the same situation. My losses exceed 1,2001. but I have hopes ro recover, if my circumstances are kept secret, as my eredit is good on 'Change, having alwa.,s paid my differences, though 1 could not ttet payment of those due to me. I have now nothing but omit 1 receive from the congre gation." Mr. Norton having called on the insolvent to aeknow. ledge the letters to be written by him, put them in, and closed his case. Mr. heath, for the insolvent, said he would follow his learned friend's example, and not examine, as certainly no case had been made against him. It was evident that the insolvent and Rist bad both been gamblers in the funds together. Mr. ltbd continued the illegal practice for years, when he thought it profitable, but now that he finds it a losing bosine.s, he wait is to popish his col league for his share in immoral transactions, by which he has lost all his own property. l'he Court, after considerable time spent in mosso!. tation, sat', as the accounts given by the insolvent of the disposal of his creditor's money bad not been at tempted to be contradicted, it must he taken for true, and by that account it appeared Oyu he hail specurned with Rist's money with his consent, and had lost the the whole of it, which wss no dinibt a very common case with those who gambled in the fonds. Tne conduct of both parties Was equally illegal, but it did not appear that the insolvent had oblaitied any money by false pretences, and it was not pretended that he had concealed any property; the Court therefore declared fiat he Was entitled to his discharge. EXTENSIVE SYSTEM OF llousx STEALING --The stables of several gentlemen in the neighbottritood of Bexley and Blackheath, have latch/ been robbed of se veral valuable saddle and carriage horses. A few Mains ago, a pair of carriae, , e horses were stolen nut of the stable of the Rev. Mr. Frith, of Bexley. Thompsoti, an active officer, and the coachman, instantly went in pursuit of the thieves, and they traced them upwards of sixty miles across the country without the robbers ever having been seen on a turopike road. Thompson sue ! ceeded in recovering one of the horses within a mile of Oxford, in an nut of the way stable ; and the moment the i i ))) al heard the well-known voice of old friend John, lie turned round in his stall, and placed his head on the shoulder of the coachman. List week a desperate attempt at self destroctim was made by Corporal Sharp, of the EGth regiment, stationed at Water ord. Having been put under arrest while on duty at the mails gult4l, and rearing the r. sort of the court martial about to investigate the charge 4!antst he contrived to load his musket milieu:6)oi. atilt to attach to the trigger the lace of his boot with a loop.— Thus prepared, he took the first opportunity. mi being taken to the guard-room of the barracks, o f carrying Ins dreadful purpose into execinimi, awl, leaning his breast against the muzzle of his musket, discharged it by Mao, in; the trigger with his foot ! Tue ball , fortunately, did not enter the ca‘iiy of the chest, hut glanced along b rea st bone upwards, woun din g him desperately, anti carrying off part of his left ear. The unhappy man is still alive, and is even expected to recover. li e fri e nd s o 21 years of age, and is a na tive 01 cork, where bas ns • are said to be respectable.. -••• • .I . I s