The National Register. — London, England, 1821-06-25 00:00:00

LAIV REPORT. COURT OF KING'S BENCH, Ju NE 16. DAY AND MAR•I'IN V. 11:1nA'N. This was an action brung , it by M e ssrs. Day and Martin, hacking-makers, of Holborn, against the deceit- i dant, Henry Brown, for an iinitatiott of their label. The trick was discovered by a typograp;tical error in the counterfeit poblication: the damages were laid at 10001. Mr. Searleit felt no liesitatitin it opening the Case. as one of the darkest which had eta heir presented to a jury. Qqiewrid ugunt komines, were words which had blazed upon the proscettiem of a theatre, and perhaps the same Immo might he equally g,eritiatie to the partici of a court of justice—a !Lige 11,i0/1 which the ber.o was Varied even ifl/111 the pal ICC to the put-house, and where ahnost every character, front the prince to the pedlar, in turn presented himself to public attenhon. Ot counsel certainly it ought be stmt strut troth, that one man in his time played many rants; labouring in their vocation, they lent their to all; and the man who Was the oppotteut of royalty to-day, might stemd up for the right of a chin - lilies , sweeper to-morrow. To introduce the present plaintiffs formally to tit; jury, would scarcely (Mr. Scarlett thought) he requisite; fur who, with the slightest priteesiott to polieh, could he unacquainted with the names of l)ay and Martin? Could it be ne cessary of those gentlemen to say, that. by stoopiug to the fete, they lo id raise I themselves to the head of soci ety! Needed it to be observed in the year 1821, that their fame had spread through every clinic where shoes were made of leather? Mid not their puffs and poems (passing rico those of Packwood) asnitiate every news paper of the day? and would not they themselves go - dew,' to visit:6v the blackest, yet the brightest, charac tors of the age? The jury were men, and t , ley knew mankind. The jury wore boots, and they would know the ',hens of .Nlartiit's blacking; of that inestimable fluid—dark as the j. try plumage of that bird whose name the maker bore. But fame raised enemies; success raised rivals; and, Cyril as with others, so hard it fared with the present plaiituds. Pretenders had put up fin public (*avow ; roll(' had been poisoned for a while with their pernicious preparations; bin frail as their own bottles had been their standing in the trade; like those bottles they had hroken ; and the long hands of sweep ing assignees had left not a hamper behind. Yet there was our—and now the learned counsel came to the gravamen of his case—there was one loan who played a deeper game. An envious oilman dwelt near Go',len square, who saw and grudged the 141616115' rising for tunes. The caitiff's name was Britivil, and lie conk] snake a liquid which he called black, Inn which, like him, was brown. Etch flask, like Pandora's box, con tained a thousand ills; it burned tip cool men's shoes, did narm to harness, and, Itistreleevs, defied the sweating valet's toil. To sell this villanons composition, however, was Brown's chiefest care ; and how did the jury think the wicked end had been attained ? Knowing that his owls name would hring. no buyers, the man of guile re solved to take another's: he printed a quantity of labels, in initiation of the labels of the phi:tuft's; pasted them at leisure upon his spurious bottles, and tittered his own base compound In the world as the aentiiite blacking of the illustrious Day and Martin. Even tints did error steal into authority ; and thus was High Ilohaorn cheated of its homage! The means by which the fraud in ques tion had been carried into effect, would be sufficiently • detailed in the course of the evidence; but, upon the effect and character of the deceit, a few words might he permitted. The plaintiffs did not ask vindictive tlas ! swages, but the deferularti, they submitted, was a double trespasser ; at once, a depreciator of their inestimable ware, and a destroyer of the shoes arid boots of the corn mutiny: and there was another topic to which Mr, Scar- lett would advert—his comments would he brief, but it would not be ammo away upon the jury: he ditl reel it his duty to add a sentence as to the influence of such condect upon the general interests of trade. It would be Nutlet to say that the high and hunottrable feeling which had distinguished Itritish commerce was on the 1 decline; hot the plaintiii. were the only persons who within the last few years had suffered by mean and pi ratical practices. There was a Mrs. Lazenby, who had discovered a pickle so piquant as to tickle the palates of all the aldermen in Ltheion—she had been unable to keep possession of her own name. A Mr. Cox, too, the inventor of a most delicious sauce [that, we understand, with which a man might eat his own fatherj—Nlr. Cox had been obliged to defend himself at law : and the learned counsel really apprehended, unless the jury would make an example or the present defendant, that twine rogue would go down into the country, redden his lace, put on a powdered wig, and call himself Mr. Scar ett ; or, playing the same trick upon the learned Soli citie.General, receive all those fees and eintiluitients ul Office to whwii that learned gentleman stood entitled. Mr. le. Cimattee had been many years in the habit of mina I)sy and Marlin's blacking. lie bought a bottle of blacking (purporting to be Da) and Marlin's mainiftie tare) from the defendani Mown. Finding it vile Witt, he carried it in the house of ille pdaiutilfs in High Hut bern, who abjured it. James Barton proved the purchase of a similar bottle. The trim comilerfeits wire then pot in. T 1 as Richardson am, [Hinter to the plaintiffs.. Their labels wire pouted front a stereotype plate. lie could swear the labels on the spurious bottles were tint primed ))))) the plate of the plaintiffs. There were several to pographical ertore among others, the word `, inesti ma . ble" in the true bill, stood ineonuiable" in the comiler- Itivhard Brown, first cousin to the defendant, admitted that he had ant al t 2,400 labels struck oft hems a plate whi c h was e n p l an e ) to hint by the defeutlant. Mr. Ihrimais addiessed the jury in mitigation, but called no witite.ees. The Lord Ctitef Justice thought it a ease not tit fur vin dicative, but certainly for reasonable damages, The jury feund a verdict for the plaiuttlfs.—Des wages 151. We understand that no fewer than seventeen per. sons, were during the last Term served by Muer& Day THE NATIONAL REGISTER and Martin with notice of action for similar encroach ments, but. relimplislsed on the parties paying costs and engaging not to offend again. MONDAY. JUNE IS. THE KINO V. MOYSTON JONES. The above defendant, if will be recollected, was tried and convicted last sessions, for falsely swearing before the Surrogate of the Ecclesiastical Court, Dnctors' Corn. mons, that he knew of no impediment to his marriage with Eliza!wilt - , the daughter of Peter Harvey Lovell, Esq. of Cole Park, Wilts. The prisoner's counsel, Messrs. Alley and Andrews, on that occasion took an objection to the form of the indictment, which was reserved by the Common Ser geant, and judgment was respited until this sessions: the defendant being allowed to go at large upon giving security to the amonut of 4001. fur his future appearance to receive judgment. He now sppeared, and Messrs. Alley and Andrews moved that he be iliscnarged, on the ground that the indictment was invalid, inasmuch as it dud not negative all the averments upon the r:cord, as in cases of perjury. This the learned gentlemen con tended was as indispensably urcessary in an indictment of this kind as it was in one for perjury ; and the con. vicinity must therefore fall to the gronoil. Cnimuott Sergeant said, the point had received the deep vst consideration ; and it was with much reluct ance that lie informed the defendant ttiat the Court con sidered the objection to be fatal, and that he 'post be discharged. Had tiya decision been otherwise the Court would have felt botind to visit the i.frence with great severity.—The defendant was then discharged. Richard !Leath was indicted for stealing a book, value I ss. the property of Thomas Edwards. The prosecutor is a bookseller. and keeps a stall, covered with books, outside his shop-door. A respectable tradesman gave the prisoner a good character; and said, he believed that deep distress ;done could nave induced him to commit the theft. 1 me Jury found him—Guilty; but recommended him to mercy. The Recorder said, this was not a case in which the Court would dell severely with the prisoner ; as allow ance world be made for the temptation held out by the prosecutt,r, in placing his property in that careless man ner in the street. If tradesmen would be so careless, they must expect to be robbed. The tradesman who gave the prisoner a character offered to take him again into his service, if the Court at ould deal leniently wi,ls him. The Recorder said, he should stiffer a short imprison ment. COVET OP COM 110 N PLEAS, Jutht 20. STEVENS AND ANOTHER, ASSIGNEES OW MITCHELL, •. JOHNSON. This was an action to recover 471. 10s. the amount of a bill of exchange drawn by the defendant in the month or July, ItilB, on a person of the name of Moore, and passed to Mitchell, in whose hands it remained unpaid at the time of his bankruptcy, which took place in No vember last. Sergeant Pell stated the plaintiff's ease, and accounted for the delay in bringing tile action by s .ving that the defendant had desired Mitcheil,aiter the bill h d become due and was not paid, to retain in his hands and endea vour to get payment .'mm Moore, the acceptor, who is a builder, and was, at the time the bill became due, actu ally employed in building houses fur Nlitchell. The bill was put in and proved to lie drawn by the defendant's daughter, who was in the habit of drawing of exchange for her lather. The jury, without a moment's hesitation, found a verdict tor the plaintiff. ■AIDAY, MAY fl. This being the first day of Trinity Term, the Judges, with the exceptioo of Mr. Justice Best, tool• their seats in the usual manner. The Report of ►ne Miffi.nk Peniientiary was post poned, and read by the officer of the court. LIBRL.—THE KIND V. SHACKEL AND OTHERS. 'Mr. Scarlet' moved to file a criminal information against the defendants, three in number, for a I ba riu the Countess of Jersey, published in The Jahn Bull weekly paper. Toe application was made on behalf of the Earl of Jersey. Mr. S. produced the paper contain ing the libel, which he read. The of in the writer was to hotel the Countess of Jetsey up to ridicule and contempt, describing her to be the insulted confidante of her Majesty the Queen. The !emitted Counsel men quoted at considerable length the following article, which appeared in .he John Bull of the 6th of May, I : tine heading, in large letters, for the purpose of wearing notice : ~ LADY JERSEY. " We hare received a great many communications about Lany Jersey, with some of which we shall from time to time aninse our readers, Every one must feel that we had a kindness fur Lady Jerse dm/ we have spared her, and we should have continued to do so if she would nave al:owed us. But this foolish woman, (and a person of " Indy or so" cannot plead inexpe rience) 11415 made herself so notonolls and Oikll4ely in decent by taking up, when every holy else had dropped her, the paramour of livrgaini, that site forces herself on our notice and, please heaven, she shall have enough of it. " The Earl Grey, ashamed and afraid to buy John Bull, yet unable to resist his curiosity, sNids etery Solidity, as soon as Lady Grey is genie to church, to borrow a irlllll a friend, who Is Obbellfe enough, or candid enoiegh, to comes' that he taken it in. As neither the friend, how ever, nor his Lady has visited LADY CAROLINA CO LUMIIINA, we, upon our own principle, shall lint Men -111111 his name. Toeir stolen embraces, however (dila crim. coo. of Lord Grey's with John Bid!), having, by acct.:rot, reached Lady lease'', who is a real bustitudy lhank!ess, she insisted on knowing who i, was that Lord Giey Mud INFAMOUS PAPER! VC hen h. delin quent Was tiiscoeered, Loly Jersey, in her even imperati style, declared war ag.iinst the Mien+. rs. 111111-5 suit) much emrespondence has already taken place, and more way by (minuted, Ste. In addition to this, we • ~~ 199 have a much more important article of intelligence to lay berate our readers. " We little thought that any thing relating to Lady Jersey could ever become a subject of public interest; but, after the part she has chosen to take io behalf of the Queen—her the public protection she has vouch safed to give to that disconsolate Princess—after the pledge and promise of countenance and support with which she hits endeavoured to uphold her, the public will learn with no little surprise, that LADY JERSEY IS GOING ABROAD IMMEDIATELY. " If we were vain, we might, perhaps, pretend to some little share in this determination and we think it highly probable, and quite natural, that the embarrass ments into which Lady Jersey's visit to the Queen has thrown her, the disgust which the public has so unequi vocally exhibitted, and the coolness with which she is received in private society,—all have contributed to drive Lady Jersey from a scene of which she once was the or nament a td the life. " Where she it to take up her abode we hare not yet heard. The Queen would doubtless be happy to find so respectable a tenant for her villa at Como; but Lord • Jersey has shoo. n so decided an aversion from all that connexion, that we apprehend her ladyship cannot be allowed to walk in her Nlajesty's tootseps. " Upon one point Lord Jersey is, we understand, moveahly fixed. Ile has positisely declared that no power on earth shall induce him to have Bergatni as a courier. ' The Court would find that the whole of the libel was • a gross attack ilium private character. Statements made in a serious or ludicrous sty le might have the sante effect on the reputation of the party,. alike the subject of pro seciition. No prosecution would be found in the case. Lord Jersey, hi his affidavit, declared the charges made against his lady to be false and scandalous. Al r.Sca.lett read the affidavit of that nobleman, and the court under all the circumstances, grantt d a rule for the inforusation. OLD BAI LEI SESSIONS. On Tuesday, at twelve o'crock, the trials terminated, and the Recorder proceeded to pass sentence upon the prisoners convicted (iving the sessions :--Twenty-seven Wt.! ordered to be transported for 7 years; 19 for 14 yens (17 of whom were convicted of having forged notes in their possession); and 8 for Life. A great number were sentenced to various terms of imprisomnew, sonic were ordered to he publicly, and others privately whip ped, and in the case of fire prisoners the Judgment of the court was respited. The following wretched persons, 2n in number, were then put to the liar to receive the awful sentence of death, viz —Mary Anne Bell, Henry ‘Villiains, Joseph Lenney, Georg.: ravlor, Sarah GilLm, William Clap penal, and Coroclia Aright, for stealing in dwelling honies; John Jackson., for rap • ; John Blakeney, for highway robbery; Wtlhaot Wilson, for returning from transportation ; Robert Holding, Charles Wade ' and Henry James, for burglary ; Itichard Lock and John Quittenden, for horse stealing; I henry Ryan, for noose breakiniz in the day time, and Robert Ilitchinough, . Thomas CI :re, Charlotte Thorne, and Elizabeth Web ster, for uttering rorwed hank notes, 'MELANCHOLY ACCIDENT YKOM SUFFOEATION.—.• On Monday evening, at seven o'clock, inquisitions were taken at I.lf coffee-house, Newgate-market, before Mr. Thomas Shelton, coroner for London and South wark, on view of the bodies of John Honor and George Hoag, nightmen, who were suffocated in the cesspool of the privy attached to the aforesaid house. k appealed from the evidence of s!r. Joseph Hodson, the landlord of the above house, that the deceased persons, accom panied, by six others, came about twelve o'clock, on Saturday night, to clean the privy of his house; and that after having taken refreshment, they commenced their work, he having taken every precaution that, during the accomplishing of which, they should be perfectly solver, which was the case. l'hey cond o ned taking out the soil by means of buckets, until four o'clock on Sun. day morning, when the deceased person (Honor) proposed, as the moat effectual means of discharging their undertaking, tor himself into the cesspool, win c h he did, having previously adinsted ato round his right arm, the end of which was held by a person above, but hail not entered many steps down the ladder before lie dropped off, (it is supvosed ben); overpowered by th e fluxion, vapour) and tile rime giving way, lie was heard to splash as if into i pond of water, and cry out, " Jack, Jack, come and release me!" Upon which a general mur mur ensued among his workmates, and Hogg, the other deceased, almost instantly got down in his assistance, . having a rope tied 101 l his waist, which was spliced about the middle. lie had not got far down before he made a signal by pulling die rope to draw him up, and in endeavouring to do PO it gay, way at the splice, and he went to the button,. Another man ul the name of Cole, after failing in several attempts to extricate the deceased persons, got down at length, aml has ing applied roues to them, they were dragged up, completely covered with the soil. Mr. Field, ol Neu galOStreei, sur gom , who was then in attendance, used the means getieraliv adopted iii restoring susittneted animation, hot ineffectu ally. Cole, the mail who was taken o:it of the cesspool, was taken SO ill bolo the effects tit toe told air, as to under his recovery almost dubious, but by 111,.4ssistaiire oh the so r4euin, he iv as soon recovered a . ..We, but remaiiis still tinicit uvdisp isrd. Tile privy is ab out twelve pert deep, an had been cleaned in Novemb e r last by the same party. Verdict—" Accidental deaths from suf focation.' Mr. PoppJewell was travelling on Tuesday between Birmingham and 11'olverhaniiiton, he was attacked by low footpads, too of %Oman i•r!Z , d his. horse, Juni the other two willed him oil. Mr. P. being strong and athletic, siirmig from then►, and whilst one aimed a blow at Its head with a blit.4teuti, Mt. P. warded it tilt and brought the nt:u► io the round, Anil wrested the bludgeon bunt him, and beat three of them oft but on the fourth coming to their nfith:AUCC lit womatcd late horse and escaped without injury.