The National Register. — London, England, 1822-06-24 00:00:00

The Lord CeiefJustice requested the warrant might be tread. Alr. Campbell accordingly read the Warrant, by which the man appeared to he committed for an indefinite pe riod, namely, until discharged by due course of :sw. rj4e Chief Jostice said, the commitment nu* illegal, as no magistrate had rower to commit for an unlimited pe- Court granted the wt it. THE ZINO U. M. A. C41t1.11.E. Mr. F.. , N.4 moved fur a rule to skew cause why the gaoler of Gloncess.-r should nut allow the defendant the use of air and exercise, mod give the some indulgencc to ber as so other prisoner.. The Lord Chief Justire said, unless Mr. Evans brought the matter before the Court as the foundation of nci •- nal proceeding against the gaoler, they eOlll.l not enter tain it. Unless there was barbarity in the conduct of the gaoler, the Coast could nut interfere with the internal gu‘er iiiii vitt of the prison, which was regulated by Acts of Parliament. Mr. Evens did not impute barbarous behaviour to the g• miler The defendant swore in her af fi davit that she bad woe the Rome indulgence as 11l hers. The Court were of opinion that they could not interfere. THURSDAY, JUNE (MIDDLESEX MAGISTRATCS.-THE KIND V. COLLINS, AND LSS. Mr. Gurney was this dayhearidin behalf of Mr. Mills. one of the defendants. The learned counsel contended, that the de fendants could not he charged with a corrupt audit e, and that they nu4lit to base a new trial, The Court then gave judgment, being unanimously of opinion, that the defendants ought to have a new trial, on payment of soate. TUG KING V. lINATCIIBI'LL AND OTHERS. The defendants were found guilty of a conspiracy to defraud Mr. Worrell, of Bond-street, by representing that Mr. twitch bull, who is brother to Sir E. finalell6ol, the member for gent, was _mitred to receive property, which, in fact, he had received. The Common Sergeant and Mr. Platt were heard in support of the application for a new trial. They contended that the de fendants had not been convicted rightly. There was no in ducement to commit the crime of which they were convicted, because they had nothing to gain by it. The Court said the conviction, as it stood, would render the defendants liable to severe punishment, and, Ps it was a case of eonaiderable interest, they should take time to consider their judgment. COURT OF COMMON PLEAS. FRIDAY, JVNI. 21. IS RE ISAACRSOS, CLARLI:, ASD BROOKS. Mr. Sergeant Vaughan moved for a rule to show cause why the names of lsackson and Clarke, two attornies of this Court, should not he snuck on' the rolls, and why a person named Brooks should not be attached, P• contempt of Court, without haying been admitted. 'the learned Sergeant grounded his op plication for a rule upon • long affidavit, which detailed the proceedings of a trial that took place in this Court on the 12th instant. It appeared that a political.' residing in Bow-street brought au action against Brooks. to recover a sum of money that had been deposited in his hands by the attorney to the publican. —The latter, it was stated, had intrusted Brooks to Ming an action for the recovery of a twin of money, which sum was re covered and paid into his hands, and to get it out of them the publican brought this action. Brooks pleaded in defence to that action, that lie was not an attorney, and that he was but the clerk to Mr. Issackson, iii which capacity lie hail received the money and paid it into the hands of his toaster, Mr. lsaackson, and that therefore he waslilli liable. In answer to this defence, evidence was called for the purpose of proving that Brooks had for years acted and done business as an attorney , in Broad-cow t, bong-acree. where his name alone appeared upon the door, and where no person hut himself was ever seeti acting, and that he was the only person known by the witnesses there for years, and always known as an attorney. In reply to this ease Isaack son was called for Brooks, and he swore most positively that the offices in Broad•court were carried on by him, and that Brooks IV3B only his managing clerk. Some evidence was pro duced to prose that Brooks had been the managing clerk to Clarke, the attorney moved against, until lie became bankrupt. • document was put in evidence which was an appointment by the publican of Isaackson fur his attorney in the case, and pur ported to have the signature of the publican. A variety of facts came out in the course or the cause, however, which weakened the testimony in behalf of Brooks, who, it appeared, was the renter of the house, and was the petitioning creditor as well as assignee to the estate of his !wrier 'ed employer, Clarke. In fart, sufficient was known to induce the jury to believe that Clarke and Isaackson were the mere names under which Brooks carried on business •s managing clerk, and that they had no real share in the business, hot merely lent their mimes to him for the purpose of enabling him to act as an attorney of that Court. The affidavit charged, that the document, purporting to be an appointment by the publican of 'sank son as his attorney, was a forgery. The Court, however, ordered that part of it to he struck out, as they had no power to try the fact. The learned Sergeant submitted that a rule should be granted to /hew cause why the two attorne7a, Isaackson and Clarke, should not appear under these circumstances to answer the interrogatories put to them, and why they should not be struck elf tbe rolls, and, as against Brooks, why he sbould not be attached for contempt. The Court, after having heard the case at great length, granted the role to show cause. PREROGATIVE COURT. Wenivz.n4v, JIVE 19. IN THE GOODS OF HIS LATE INIA.IESTI% The nitie•tion of jurisdiction, in tins ease of the soi-disont Princess Olive, this day underwent a Polesmi argument of flee boors. The Omit was crow ded to excess, and was attends it by the lady, who :alne ioto Court richly ill nosed. Dr. Dosi•on sittd. dist Ids trains d issue:, he thught, had titles c.hiblidsel the prints fon whirls he contended oil a fist tom day. WiSlo.llff to detain the Can't, lie should add some (twitter observations in a case of so bunch impot taller. Ills learned Intrust bad almost Sllth ei,ilily made out the proposil iiiii that the Kings of this country had the power so make their will, mot disp..se - of their private est ties, both real and pet Ronal ; and hating looked into the best text writers on the subject, that dor t tine was etilifio tni-J. The first was (Ilene, one of the olstrA test is titers, who laid down that es ely pcNoti, as well as the Kind, load that power. Sw lobos tie, oil Wills, laid down that evely nelson might make a will, inners ex ittesstly notion legal rolithition, as infants, lunatics, and pet.otis godly or uotos ions crlmess. The Kong of the realist he c,111141 hot tins proliiiiited under this general descsip:ion ; the principle applied to etiry person, of hatever tank or station. This cowls) be Iran ed as 10411.. dard law from the Saxon Heptarcliy and the Norman Lonytiest. Dr. Dodson said it was the first object of THE NATIONAL REGISTER observance, both on the part of his learned friend and himself, to proceed in the most respectful way to his Ma jesty in support of the royal dignity. They requested the King's Advocate would point out a way that was more respectful. The King's Advocate and Proctor, they Coll tended, had full powers to appear and defend all cases in which his Majesty'. interest was concerned. 1)r. Haggard followed on the same aisle, and, after going over the authorities cited soil relied on by his learned friend, lie dwelt upon two wills made by Henry V. The first was a private will, befine his son was born, and other after his birth. By the second will the Dukes of Bedford soil Gloucester were declined executors and trustees ; but the Earl of Warwick, as in this case, was appointed his protector. Sir C. Robin (the King's Advocate) appeared under protest to the jurisdiction of the Court, and contested the proposition of Isis learned friend. on the other side— naml ly. that the reiguing ltloliarch of this country could he cited by the authority of this Court to appear person ally, er by proxy, to any process instituted, with a view of making him it defendant. The Court was not bonittl to take notice of this application, further than it concerned the pleiogative of the Crown. The paper, if it was a real document, had been kept hark fur 4) years in the hands of the !tarty, an•d until no living evidence could be brought forward as having witnessed or attested it. It was to be supported upon die mere evidence of compari son of hand-writing, which was in itself inadmissible There was something so marvellous in the whole history of this person, that it was considered altogether incredi• tile. This ambiguous paper, as lie should terns it, referred to no specific properly of his late M , jesty, over whirls this Covet could give its operation. Suppose this Court were to give r tl*ect to this instrument, by what power could it be carried into execution? the King could not be sued upon the decree of this Court, and therefore no fruits could be directed front this Court's granting probate. Dr. A•lams followed the King's Advocate, and con tended, that this party had no other remedy but as a matter of grate and favour from the Crown, or by pith• lion to the Court of Chancery. Was his Majesty to be called upon to deliver up, and bring into this Court, all scraps of paper relating to his royal father's property, which may he in his possession? These were the conse quences of this Court granting its citation, that whatever disclosure's were sought to be tussle must be brought be fore this Court, and through this Court before the eye of the public, from thence to be discussed at tea tables and 111 catlee houses. Dr. Lushingion replied. This paper, according to his learned friend, if admitted to pr obate, could never be carried into effect; because, in contending with the Crown, it was placed under this disadvantage—it should not be granted. Now such was the melancholy fact, that whoever was opposed to the Crow"' in conte n ding his or her individual rights, would always be opposed to the greatest difficulty, if not utterly borne 'loon. But where ;iris ileges, as in this case, were contended for, equally valuable with those of the Crown itself. to think toat these should he subjected to all the hot, :vs litgea of the law. %hen, if the Clown acted V4llll a view• Iu want:4,les ttl . justice, he should thick it would cot sent to the Sisal of this eat's... lie hoped his individual sights should never be opposed to the power of the Crutvii. Sir J. Nichol sand ; h.t should take time to consider the case, and give pillow of on the next Court day. MANSION-11011SE. On Tlinrsilay last Mr. Crocker and Mr. Colman, Eam• MUIR Councilmen id list end-street %Vat d, trailed upon rite Lord Mayor, and she* ed to his LotAssiti. some Newspa pers, in which nn account had Maui pitt.lislit.tl, headed •• the l'iagsie," and stating that that scourge had mane its appearance it, suite of the Hospitals; that our tot Put had died stutter decisive appearances ; and that in consequence the flaspital had been closed, and all pelbollll excepting medical men cat efeilly excluded. The gentlemen tit - gently requested his Lordship that he would take such means as wet e it, his power lit aseenain whether there was any foundation in the Dinh ment, 11141, it true, proper mu•a+errs might he taken; or, it it mined out to be unfounded, that such a I , IIIIIIC cuuUadletu to might be given to the unjustifiable mis-statement as would pill it stop to the alarm that was cleated by it, and which ‘44% V11 . .1.11114: alit, tapidrty. '1 he Lend Mayor said, that an immediate investigation ought certainly to he made into so see isms a matter. Ills Lin dslisp sent two of the marshalmen, Fogg and Lead bet ter, the suite to : . ft. 'llittmas's, and the other to St. Bartho lomew's Hospitals, with Pesti fictions to inquire of the medical gentle men the truth of the sta'et,ttvtt that Mitt been published, and also of the stale of the Hospitals. Fogg and Leadbefter soon returned, and stated, that having of the utediral gentlesnen at bulls illaers, they had been assisted it, answer, that iii • Hosl•iuds wet e never snot e free, at Such a period,fi mu infectious ilssemes, nor wets fevers less prevalent than at Ilse present time; nor hail they heard of any thing that could give the slight est foundation fia• pitch a repots. The Lent Mayor expressed his surprise that any of the conduct°, s of the public press should inset I a stAteinetti franglit wills such extensive mischief as that complained of, a ithoott taking care that it was properly authenticated, particularly whets the truth might be 60 easily ascertained in 20 tni ~,, tett or half an hour, by Inquiring at the Hospi tals spoken of. BOW-STREET. _ George Smith, an elderly 11;;;;;,;st shabby genteel ap pearance, was brought Ibei s Ore Sir R. MIMI', 0.1 ThirrA. l .l. lest, charged with stealing thi ye es,:esise4 of Stet ne's set mons, the pl.iperty of Dl r. Hai Jr. 11, a bus.kselier, to lkd fOld-steseet, Covent Garden. The proseentoi keeps a book stall in front of his house, in thdttord street, and the prisoner was observed, attet looking *11110,4 of the hooks ma the stall, to take the three books in yiestion, and make of with them. lie was stopped and taken into custody by a beadle of the palish. He did not attempt to deny the tact. Inn begged for mer cy, on account, as be said, of ttiA age and unislet inne. The prisoner, on being ask. rl to gise some account of biro-elf, said he had been for many yCiti , a schoolmaster of enmities able repute at Chien lett, but his Eyeoglit fail iog bun, lie was Obliged to give op that smut and ser k sUlllt ott.er less agreeable, and he became gradually reduced to the most e atresise poses ty. Ifts exile died a shut t time ago, •ii.l he was even destitute of the means of giving her a decent lanes sl. , be magi , ta Ile felt a great Ilea: of conunisera lieu fur the prasuutr, but the fact agaiust IMm was psra- ..... • ••••••••0.- 11. ••11. - Lively sworn to, and be could do no otherwise than corned e Wm.—Fully committed. MARYLEBONE OFFICE. On Friday last a most laughable scene took place at this office, before Mr. thigh, the sitting magistrate. A gen. tleman, of the name of Laing, having been robbed of It quantity of wearing apparel by a person named William :avanagli, whom he employed out of humanity, applied at the office, and procured a warrant against tins man, which being placed in the bawls of Hewitt, the officer, for prompt execution, the officer twine, first informed that the suspected person was a " regular built dandy," of ordinary stature, but of remarkably dipping appearance, possessing, as much as his tuition iu the capacity of foot man world allow, the mann ers, airs, and appearance of a " coxcomb," or " puppyish" footman unt of place, went to take lout into custody, and on making inquiry ascer tained that his man was " dressing for dinner," at a neighbutii Mg limber's shop, ►7 will sit he accordingly want, and VI - 114 almost suffocated with the •at irty of per• f 's which the barber was applying to the bead of the primmer, whom he, with the assistatice of " red-hot pin• errs," was " finishing" most " exquisitely' about the sconce. The officer, having intimated his errand pro. seeded very gently to heed off the prisoner, who screamed aloud and called fur help, but was only laughed at by the passengers. Being brought to the office, and placed at doe bar, the first thing that was done was the removal of a fashionable frock coat, whirl) was instantly swops to by Mr. Laing as his property ; and, on sundry pieces of old cloth and stockings being removed, which were tied routed his budy, for what purpose we could not learn, ■s the articles were not liable to Excise, sinless the "gentleman* wanted to " &aril his bulk," Mr. Laing also Identified his waistcoat, of an equally modern cut, and afterwaids, na closer examination, the trowsera and shirt attach the pri soner had on. At this moment an old lady stepped up to the prisoner, and giving I ' a box on the ear, which al mosl loins " fainting," took a large black silk avail' frOM his neck, declaring it to he her piopei ty. This the prisoner, in deft suer to all the art of modern cravat tying, connived to arrange in a vet,' singular manner, to conceal its very great ilimensious. Every article on laiin being now claimed, he stood " indeed a show," and on a closer search bring made on the removal of the shawl, he had, it appeared, invented a new species of shirt collar, for, cat with all the millitiery and fashionable taste imaginable, there was found a half sheet of fine foul•cap paper very stiffly pinned around his necks The spectators present weir nearly convulsed with laughter, and, as may be sup posed, a little surprised at the " taste" and ss exquisite" skill of the prisoner in rigging himself fur " the lounge" in so cheap a mintier. Ile had molting to say, and was fully committed to New• gale for trial. Having sent home, a few rags were sent hint, in a 'sorb lie eta Welly reminded us of Squire Malone* beggars ; being wrapped tip in the rags, lie, with his well pollialtutaitti" stud " I t tee: .I" bead, formed a most excel lent cuuttaat to ilie lemattitler of his appraranee. M A It LBOBOUG H-STRE LT. IMPORTANT CASE..-011 Thoirsday last the solicitor sod architect of his Grace the Duke of Somerset, appeared before Messrs. Conant and Bow, the sitting isagisorates, to answer the cumplanot, tinder the Act for regulating projections, 6re. in butlding,of Mr. Cocker ell, purveyor of St. George's palish, for erecting a certain a all, covered way, or faleade, next to his Lordship's dwelling, besurof the tart-Meta of the• street, contrary to the statute. ll appe, - .reof the none tleterdant in this case had cansed to Ire elected to Cnmelicril House, jut Hertford street, Palk-hale, a handsome &cinder, to give the tttt iOO a 'nosh, and inofoi meanly his Lordship's architect, when erectieg this facia oil the hoot of Iris house, never consi delt•dlue 011'oliveniC1112t. likely to accrue to the neiglihum a, Ilasselazets, &c. by Me 'distinction of light and air, sod the extension over the footpath. When the surveyor toe the parish Celine romitl, heperct•ived the very great tareed made upon tine tartivenieure of the public, amt lodged the complaint before the masistrates of this office, alio cited the imbibe Diik r to appear hi fere them. There was a inforasation against the Right lion. the Etch of Shretishury, for an erection in Upper SlAllitOpPattect. Mr. Cockei ell ititimated that he should only take the case NOM its fair footing, and he was of opinion that on Ills sheaving the very great breach of the law committed, and rally est.ihiisliing it, that the magistrates would make the accustomed order, on conviction, leer the complete demolition of die hew erectiuu.—After stating the above faros, The Duke of Somerset's solicitor, who appeared not prepared to go into the case•, said, that his indite chant had cutlet-toted that ail the land there was his, and it wit en- Wily by ccurtesy that any ttiorouglifaie from Ca ttirliut House Nur tit to Heritos &street was permitted, and by a tight of his Lordship's the whole aught be inclosed, and uo thirsolighlatoo ;Mimed. After some truitin•r oconversation it was decided, that es the Duke of Saincisct had not bran sum eeeeeeee tu attend, but merely did by proxy, toe case should staid over mud the examination of some de.r.tm and leases, mud also to iooolure evidence of tue wising! sigh t, claims, and ago ce ments or the patties; au.l WI the next heisting all the ilecessist y evidence mast be produced, should re agree. silent take place. The magisti rtes intimated that they thought, unless the place was proved to be private property, a couvictiuu must lake place. FIRE IN KIRET STREET, IlArroar.Garane.--About two o'clt.ck ou Thor-day intuiting last a tire broke out in the liou.,c of Mr. I land, 'l7, Kit be.street. It NaS \F llt the titiown thtlictiky tnat the faintly eseoped, den tit the .r ni,;lit clothes. Mr. lland sived his five chitiren, in all allllllSt titiracu!nto. manner, by forcing his way out at the top of tile ant men gained the leads of the adjrnititut The other branches of the family also uonderfuily escaped by making their nay iltrini 4 n intense smoke, out at the tro:ii door. The whole of the furniture and miser valuable property is reduced tc a heap of mills; indeed nothing remains of the house except the bare walls. From the activity of the firemen the adjoining houses received very little. The tire is sup. posed to have originated in the hack mon, of the sectriol floor. but of this we ate tint by any means The Jourrral tie Millen so t s—.l thunder bolt tell in the evening 01 the I tot !alb:. at Auto*, deparittient of the Lower Seine. ,truck a respectable inthvidual, at the ttttt ent lie was rettarititig with his sun front tite labour of the field, who fell dead, is presence of hie Lund!. cosuposed of to ciiildren.