The National Register. — London, England, 1821-06-18 00:00:00

1.41F' REPORT. COrItT OF KING'S BENCH, 31.1:2 15. DAv y v. IiODGYINSON. This was an action for the repairs of a bons.% *lle tenement iu question is situate in Albiomplace, Mar k friars, and belongs to the city of London. It was de mised by the city some years since to Mr. John Soane; Mr. Soave let the house upon lease to the plaintiff, Mr. Davy; Mr. Davy underlet it to the defendant, Mr. Hodgkinson ; and Mr. Hortgkinstin, in ins turn, let it to a certain Mr: Mann. Throughout the lettings there was a clause for keeping the premises in tenantable re pair and, upon the determination of the original leame in the course of last year, a claim for dilapidation rang, tocsin like, a signal for strife to all concerned. The el Iv demanded fOBl. fur repairs; Mr. Sortie put the onus upon his lessee, Mr. Davy ; Davy shifted the claim to his tenant, Mr. Ifodgkinson ; Mr. tiodgkinsolt. in his torn, att,cked Mr. Nlanit; and Mr. Mann, having H o one in his rear, stood boldly at bay, and refused pay ment. Legal proceedings were, in consequence taken ; Mr. Sortie recovered by arbitration against the present plaititif, Mr. Davy ; and Mr. Davy, in doe course, for ammo( of repairs, and costs of defence to Mr. Swine's suit, now brought the action against Mr. flodlakinson. The jury fuuoti a verdict for the plaintiff.—Damages to be settled out of court. CAPON t'. CROSS. This W3q an action fur money had and received. The plaintiff is the widow of J. Capin, a eiiwkeeper ; the defendant is a cowkreper in his own person. Mrs. C. soon alter her husband's death, purchased a certain stock in the three per cents. reduced; subsequently, she trans ferred her property to the navy five per cents., and placed it (in trust for herself) in the name of the defendant.— The defendant held the stock for a email' period, and sold portion of it, from time to time, for the use of the plaintiff: at length the executor of John Capon set up a claim to the remaining part ; and Mrs. Cross in defi ance of notice (tom Mrs. Caron, delivered it into their hands. Mr. Gurney now contended, that as the defendant had received the property only from the plaintiff, to the plain tiff alone he was entitled to give it up —The amount of the claim was 2061. Mr. Marryai, for the defendant, pleaded that Mrs. Capon had purchased the stock in question with money purloined from the estate of her husband : he also pro posed to show that the delivery by Mr. Cross had been made at the desire of the plaintiff herself. Witnesses were called on both sides: the evidence was contradictory. The Lord Chief Justice left it to the jury to say whe ther the payment by Cross to Capon's executors had been made with the plaintiffs assent, or in defiance of her prohibition. 1t was difficult to discover whence (except from the husband's estate) the purchase-money of the stud. in question could have conic; but his lord ship did not think that, after taking the property in trust front Mrs. Capon, the defendant could, without her C 01). sent, deliver it to any other person. The jury found a verdict for the plaintiff.—llatnages2ool. COURT OF COMMON PLEAS, JUNE 13. BEER V. WARD, CLERK. This important case having been specially fixed for to day and to-morrow by the Chief Justice, at the joint request of both parties, the court was thronged at an early hour this morning, and the galleries filled with ladies. It is, We understand, an issue directed by the Court 01 Chancery, to try the legitimacy of the birth of Mrs. Beer, in the year 1741 ; and the question involves a very considerable property. The Solicitor-(several attended to lead on the part of the plaintiff; and Mr. Searlett for the defendant. After the jury was sworn upwards of an hour and a half was consumed in private discussion be tween the counsel and agentsat both sides; the result of which was an application by Mr. Scarlett to Ibis lordship to postpone the trial to sonic future day, he Mr. Scariest, not finding himself in that state to make a defence in which he expected he should : anti if, by the day to be appointed, he did not Mid himself in a better situation, his lordship, would not be troubled with the case at all. This proposal, after some hesitation, haring been as seined to by the plaintiff's counsel, his lordship fixed the first Monday after next term for the vial. The court :Awn adjouttiLd until Trinity term. !blue. NIANSION-HOUSE. Mr. Parkins attended, on Frid•iy, at the Mansion lions(' with two persons, who were prepared with papers, and who were, we understand, svitnesses whose evi dence he intended to Mier upon some application which he intended to make against the society, Wiled " The Constitutional Association." _ _ _ Mr. Ptrkins stated to the Lord Mayor, that he was prepared with witnesses on the matter to which he had before claimed Me attention of his Lordship. But he said Mr. Harmer, who had been engaged in the business, and who had sonic necessary papers and documents in his possession, without which they could not enter into the business, nor did he wish without the aid of that gentleman, had been unexpectedly detained in a case of importance in which he was engaged, but whom he expected in a short time, if his Lordship should be able to stay longer in the chair. The Lord Mayor said he was obliged to go, in the bourse of a kw minutes, to take the chair at a catinnittee of privileges respecting the claims at the approaching coronation. Ili Lordship expressed his readiness to give the matter due attention on the first day that should be convenient to Mr. Parkins and the other gentkmen. Mr. Parkins win, that as his Lordship would be un able to enter into the matter that day, he (Mr. Parkins) coild not at that inometit fix any time when he should be able to bring the matter forward, but it should be on the earliest opportunity. After souse further conversation, Mr. Parkins left the -41 4 • THE NATIONAL REGISTER (Mice accompanied by his witnesses. It was understood that die case is postponed sine die. M A lILBOROU GI I-STll FET. ('IIARGES OF CIIII,D-STrALING.--()il Friday, Eli zabeth :Marks, a young woman about 2 years of age, of very respectable appearance, was brought up in custody of Humphries, a constable, of Paddington, charged by several respectable inhabitants of that neighbourhood on suspicion of enticing and stealing their children, and also with robbing theta of their clothes. The prosecutors are. Mr. Evans, of the Harrow-road; Mr. Manning, of the Edgewareotoad ; Mr. Nichols, of Paddington-green; Mr. Smith, furrier, of Stingo-lane, New-road, isrc. seve ral of whom were in attendance, accompanied by their little innocents, who had been enticed away from their homes. About a fortnight since a child belonaing to Mr. • Evans, and two others of the families of Mr. Maiming and Mr. Nichola, all under five years of age, obtained leave front their parents to play near their father's houses on Paddington-green. Donna their ahsence from house a woman accosted them, and through the medium of offering them playthings and cakes, they were induced to follow her until they lost sight of their direction home —then, undv r a preteuce of taking them to their friends, she led them across the fields through St. John's Wood. On her arrival in a field near Primrose-hill site stripped two of the children, but was prevented stripping the third in consequence of a gentleman appearing near the spot, which caused her to make her escape. The pri- I toner then left the poor little babes to wander about in the solitary fields, far from their homes, she having with her their clothes. They remained there until a late hour iu the uigiu, when their mournings attracted the atontion of a woman who belongs to a brich-lield near the spot in which they were left. She was induced to proceed thither, on which she found the innocent hule creatmas sitting altogether, cold, trembling, and almost heart-broken, and ti.arly drowned m sears. Tne appear aucc of the stranger seemed to endow them with new life in their forsaken situation, and they begged to be taken home. Mr. Manning's child had the whole of its clothes on, but the other two were merely left with a trifling covering. On the woman inquiring of one of them where its friends lived, all that she w..s scarcely able to utter was " Paddington-green." The woman accor dingly took the poor little wanderers to Paddington- green, where she had the good fortune to trade their almost distracted parents, whose feelings at beholding their children, who had beets lost during the whole of the day, can far better allow of conception than description. They had been searching after them all day, and all hopes of finding them were con sidered vain, as sonic accident was concluded to have happened to them. Ott questioning one of the children as to how the offence was committed, she innocently answered " that a woman took theist all away to take a wall; in the fields, and they were to have a feast of cakes. The woman teamed to take their frocks off, and they said, their mother would be so angry if she took their 'rocks." The woman then went away from them, and they could nut find their way harms. Several other chil dren have been stolen, under similar circumstances, and robbed of their apparel, but no discos ery as to the thief could eser he made until a shurt time after the above children were stolen, when the same woman, which is the prisoner, had the audacity to make her appearance near the spot front which she had enticed them. She was in the company of au elderly woman—the moment Mr. Evans child saw her near its father's house, it cried and rail away, straining out—" here is the woman who took Its away," and WJS extremely frightened at her appearance. Fortunately lI thries was passing at the time, and knowine that souse children had been stolen, lie asked the child, which WOU16111," and he took the prisoner into custody. The old woman, her companion was lust sight of in a moment. He took the prisoner to the watch-house, and then brought her to the office. She confessed having stolen the children, and stripped them of their minims which she afterwards sold in Ox ford-street. The prisoner stated that she formerly lived with Mr. Ryder, of Marylebone-street. Another inhuman case of cluld-stealing occured about a fortnight previous to the above. It appeared that Mr. Smith art Stingo-lane suffered his child to walk with hint into the New Road. Whilst he went into the field to get one of Isis houses, the child was stolen away, and he was not discovered for a length of time afterwards, wheu he was found in Bethnal Greets work-house, to which ' place lie was taken on being picked up 1111 Bethnal-green, under the most distressing circumstances, alter being de serted by .the woman who had stolen him away. The poor child was nearly in a state of nudity, and almost starved. . According to .he child's account, he was enticed away by a woman, who offered him cakes. She carried hint doom begging, and made him beg also, and dressed him badly, after stripping him of his own clothes; she after wards deserted him. Rewards were offered for this child, but no tidings could be traced of Ivan through the ine dium of the rewards offered. Mrs. Smith, in conse quence of the child's absence, and her sudden surprise at its discovery, is now on a sick hed in a very precarious situation. The child of another gentleman of respecta bility, residing its the above neighbourhood, has also been stolen, and although missing for a lung time, no tidings can be traced of it, and others have been stolen Mr. Farrant, the magistrate, considered the 'children too young to become witnesses, and thought it necessary that further information should be procured against the prisoner. From the number of children that have been stolen, it is suspected that there is a gang of wretches who go about for that purpose, and make a triadic of the ehil dives clothes. If any person have lost their children, it would he well that they should attend at the next examination, which will take place ou Friday next, to which time the prisoner was reitiantled. ATTIMPT AT AssAsstukrrow.—Thursday morning peat slam said anxiety were excited at the west cud of the town, in consequence of a desperate attempt upon the 1. life of Major• General Eadon, at his residence in Berke ley-square, by a man named William Padmore, between .14 and 40 years of age, who, under pretence of commu nicating some private business to the General, sought an interview, and with a butcher's knife stabbed him in several parts of the body. The prisoner was taken into en-ain't immediately, and carried in a watch-house, from whence he was conveyed in a coach without loss of time to Marlborough -street, handcuffed, in charge of several officers, followed by a vast crowd of persons. On being placed at the bar, he evinced extreme agitation. He was decently dressed, and, we understand, has a wife and family. The crowd in the hall and outside of the offieo, during the examination, was great, and the officers had considerable difficulty in preveu persons from forcing their way inside. J. E. Conant, Esq. immediately attended to the case, and Sir ‘Villiam Eadon, the General's nephew, and se veral of his servants, attended to give evidence ; in hearing of which the time of the magistrate was occupied several hours. Mr. James Earl, surgeon, of George street, Portman square, stated that he came to the house of General Eadon, and on his arrival found him weltering in blood, and in a very faint state; examined his wounds, of which he found there was one of a very serious nature. Did not apprehend any immediate danger, but it was impossible at that tune to give a positive opinion. Ile dressed the wounds, and had the General removed to iris Ile recei%ed a wound also in the hand. The prisoner, on being called for h;s de once. main tained at first a gloonly Avner ; but at length turned towards the magistra'e, and said, " I have had cause for what I have done. I know the dreadful situation its which I stand in consequence of it ; but my determina tion wasfized, awl my mind made up to abide the result. I must decline, for the present, saying more." These words were tittered with a tremulous voice, but with a countenance trim ning and sullen ; and the prisoner turned away from the bar, as if anxious to avoid the gaze of the persons present. Mr. Conant remanded the prisoner till Thursday. OLD BAILEY SESSIONS. SMUGGLERS. THE KING U. WEST, DEERE, AND OTHERS. Oii Saturday the court was occupied in the trial of James West, William Beere, John Richardson, and others, smugglers, for the murder of Mr. S. Snow, a mid shipman in his Majesty's preventive service. The Attorney-General opened the case. David North deposed, that he was a quarter master in the Severn frigate, in the blockade or preventive service. In the month of April last they were stationed at Herne Bay, Kent. On the 23i1 they were called out on the usual service at 13 o'clock at night. Witness was under the command of Mr. Sydenham Snow, a midship man in the preventive service. Oil the morning of the • '24th, at a quarter before three o'clock, they saw Mr. Snow, and in about four or five minutes after they heard a pistol or innsket-shot, and then a whole volley of mus. ketry, towards the direction where Mr. Snow stood.— lie then heard repeated cheers of " Kill every b—r on the beach:" lie knew the fire-arms must have been loaded by the whistling of the bullets; he then retreated up the bank, until he saw a party come to his assistance. He had a pistol and cutlass. The pistol he discharged after he had been fired at, and then he saw their nice approach in all directions to their azsistatice. There was very little moonli6ht, but constant Hashes of lightning. He saw a number of men, but could not distinguish one from another. Them was more firing from the eastward than any other direction. Many of the bullets came near hint, he knew by tli voice of them. Ile could judge they were fired at hint, and not in the air. Several witnesses, among whom were two accomplices, stated the occurrences of tile night in question, of which we gave an account in our police report when the pri soners were examined and committed for trial. THE DISFENCE. West, on being called upon, declared he was innocent. Beere made a similar cleclaration,a nil they both explained some circumstances stated in evidekee.—The two Hi cbardsons and Williams contented themselves with a general declaration of innocence. Webster said he was at home, sitting up with his father its law, who died on the night of the aflair at Herne Bay. A number of respectable persons positively contra. dicted the evidence of the approvers, and the prisoners received very good characters. Mr. Justice Bayley commenced summing up the evi dence at a quarter before seven o'clock, and fininished at half-past nine o'clock. The learned judge, in con clusion, said, with great feeling..." Gentlemen, we have now arrived nearly at the conclusion of this most mo mentous case, and I have endeavoured to the best of toy ability to lay the facts before you in the clearest manner. It has seldom been my task to preside upon a trial of higher importance than the present; important, both as it regards to the interests of the public and the welfare of the prisoners at the bar. Its your consideration of the case you will remember. that according to the testimony of unimpeachable witnesses, a very wicked outrage has been committed, and a gentleman who was in the exer cise of a duty which he was bound to perform, has come to his death by a lawless band; but, oil the other band, you will also recollect, that the lives of the six men at the bar are at stake upon your verdict, and unless you shall be of opinion that the evidence is so clear as to produce in your minds a certain conviction of their guilt, you will give them he full benefits of your doubts, and return a verdict of acquittal. With reference to this pat of the ca s e, 1 cannot too strongly call to your fecal. section the extraordinary good character the prisoners have received. Character, however, gentlemen. ought not to weigh against facts; if you are satisfied with the evidence that has been adduced. you are bound in justice to the public, and by your own oaths, to pronounce a verdict of Quilt ; if you are not perfectly satisfied, then you will take aracter into your consideration, and let it operate powttfully in favour of the prisoners. (his. 190