The National Register. — London, England, 1823-02-03 00:00:00

_ es • Law 1.47 EL LIGE.NV E. COURT OF KING'S BENCH. AIoNDAI, JAN. YT. TUE LING V. sUsASNAII WRIGHT. The dere:Mimi. Mrs. NVriglit, was eNoicted to appear in ".ell , llt Ihia day, iturstiaat to the J.silges order hat Term, to re • *rive jllll4lllelli on CUIII ICIIOII Of prblisl.ing a bletipLeolooslehel. At lea u'olook the 'Eureley el ISetsgme emoe into Cowl with wiedieel genii, loan. w Ito certified that he Mid seen Mrs. 111 tight tlie• mos toit,g at nine cAdoel., mid that vile was to a state atilt:eat *lti..h evade it impossihie to 11V1411/VE her iota Cuut without great per.oold clinger. The deletidaut under these eireunistanees could not come • into Coattoiod Judgment wall stand oatr until she is - recovered. THE .KING V. NM. MEAD, UN THE PItO3SCUTION la aIANNA LAW. The. Solicitor G..•neral moved for a new trial in this prosecu tion. It was an ondietilient for perjury, arising oat of evident,e lOuen by the defendant in a cause tried in the Oran of Lucile* idler. 'I he far:towel e these :—a vessel arrived from the roast •of Holland, at a place called Cloughter Wick, near Sevirlio rough. A great quantity of smuggled goods were lauded near the salt pain, mid *erred persons were seta by the oilicera in the act of removing smuggled spirits. Upon the trial tor au in• :monition filed by the Attorney General, the defendant Swale 111 It the pi useeutor Lew was alle Of the tutu who carried ell the • tubs. 'I lie prosecutor Law proved at the trial uf Ibe defendant 1%4 perjury aorailn, iind the Jury found Mead guilty. '1 he Softener General now moved ter u new trial, on the ground that it was .1 verdict against es Menet. 51r. Sores, an counsel for the prosecution, said he wan in anucteti It move fur the jodgment eI the Court, nod accordingly -soured iaatesa:er, that Mt delendant be committed. The Lout Cnief Justice said, it alga unusual to move fur a new trial, unless the defendant cons acted was !nought up fur jmignieut. The 4110 re COllVVlfielli way would be to read the triode report whim the man was brought up. The deteutlott, who was its Coon, was then placed on the or, and the Lord Chief Seance read the report. The Solicitor General•thess stated, that the• Jury in the Court of I.:t cheqaer acquitted Law. Ville latter was a mouggkr.— Ile resided tummies from the salt lIADS. ell tile Sunday night on which the sinuggliiq; took phicedie went to the a of pans, midte monied at the lionse of one Gibson. The defendant swore Law lest that House and weal lie the spot where the goods were landed, accompanied by his Doucey and two 11PI Ll\V'll ben was, loitered wdbm a quarite of a wile of the vulva, Oil proles.. !of seeing their mauler !UMW. The Solicitor •Geueral adverted to all the suspicious circumstances of tile Case, amid contended there was ground to conclude that the evidence given by several wituesses, proving that Law was present *lieu the tabs were removed, was true. One of die witnessea named Scutt, haul given evidence, winch was mune tradioted ; and if that was so, the case for the prOliecutivu lost .the principal support. The witnesses for the prosecution were •persons interesied in the event they were nearly all indicted fur perjury.—Dobson, another of the witnesses, stated that Law offered law 101. to swear falsely that Rohert Mead, the bomber of the defendant, bad beets gusity of felony. flu object was tu.prevent Iluisert Mead appearing at the trial against hiw. 'the Lord Chief Justice ulowised, atter the qnestiusi bad beat argued, We think, bit . . Solicitor General, you have 11.111V/U enough to entitle you ma rule to chew cause." l'arr defendant, on the applicant* of his conflict, was ad mitted to bail. • The Court required the ileilmikat to bind Isitaseir is 6001. sutl two sureties in 2301. curls. • Mr. Jones required notice of bail, which the Court ah.o allowed, and the bxil wan ordered to be takes' 10-1611.011/* morn ing. The aereadent was then reiel.ntled is the custody el the Marshal ui the tting'e bench. CRAWSHED V. EAVES. Mr.Marryatt moved iti ye , aside the verdict given in Ibis ease for the II; 11141 obtain a new trial. It was an action in Ironer brought agaiust the &readmit, a 00011111011 carrier, for stopping a quantity of iroiria transits, which he was ounveying in his barge opon the Paddington Canal to the works tot . llorublower and Co. in Stalfurdshire. When the goods got doom it was found that bliwohlower bad absoooded fur the pur pose of avoiding an eateut against him, old the defendant learning that cirounistance, look hack part of the iron which he Lid landed on Hornbloweee wharf, and detained it, nut only On account of his lira fur freight, but in obedience to as order sv.sich afterwards came to bum flow the assignees of Ham likwer and Co. who claimed the bun as the bankrupt's pro perty. The question was, *briber there had been such a deli very of the goods by Eaves, as to vest them in Horithlower era.. Co. mud make the plaintiffs creditors under the commission? Mr. Marty all, lu support of his swami. einitentled, that deli ery cf part of the gtuods was a delivery of the whole, and that Eaves had no right, in law to take balk the goods on account of his 1:.•n for height. Tl4Conif was of opinion there was tot such a delivery, in thu oust as weak% vest the goods in Hornrluwet arid Co. and give the alsofigneta a right .to the proterry. They also held, that the partial delivery did not take the Iron itol3l Eaves, who wat en . .ittril to his froighl. Catil the whole way delivered, nu put could he taken limo the hands of the ruttier. -Under all fUr. Marryait'e application for a new trial was re i.used. MILNE V. GRAHAM. This was an motion on a promissory note fur 4901. of which tht plaintiff was indorsee.—The Joey found a t erthet fur the Mr. Chitty moved to enter a 'topsail, on the ground that the bills which had hecu drawn in Scottind, wan nut recut treble in England, under the surtute of the third if Queen Anne-- The learned counsel contuuled, that the pluimilf by the act could only recover upon the promissory 'solos slid bile of ex change drawn in England. The Lord Chief Justice asked if there was any thing in those statutes which cordined actions to notes made in Englaisd.- 111sny actions were brought upon hills made iu France. Mr. Justice Hutto . % tl.-- -The object of the Mande was to put all protoisaury note§ 4.0 a looting a Ith inlaud halls of tl).i . ll , lllgv. 51r. Chitty *aid cone doubts had arisen upon the porn( be VI I brought before the Court, end it was inieUriat.l it should lie Sall, Lt. Judge Ilest.—After n !tractive line been long established, it it impiirt.iiit it should nut lir um,. tilt il. The bird Chief Justie.... -I du nut find the stellar t f Anne is cuoili,ird w nines ciatle w LiNlinitt, and therefore I du uut her uhy it should slow lists. Ilia% trirruw sLope. Judge -This is a remedial act f r the benefit of trade, and should r.-reiwo thr Ihrge4t pus..ible comitriietion. There is au/thinA to male the Scotch promissory uu4e flitter aim bids wade in fing!niid. Auld ram.... Tl4l CIUsT. _ _ The defendant, wlso keeps a bookseller's slop near St. Se. pulrlrr.: • Auto: , wa. , tilled on, at Ike risior‘ or Lb.: Court, to M NAT: XAt; 'REGfSTItit Mrs. Scarlett now applied for new trial*, cm the ground of a deficiency in the evidence. Tbe defendint, by an alleged con finance on the pant of the plaintiffs, had ueeu deprived of se viral material witnesses. The Court Knotted a rule to spew cease, on the defendant undertaking to pay 4901. into Coed to abide the event. He also obtained rule* in the other manses. BREACH OF PROMISE OF MARRIAGE. • mAcetitinama .5. welt.. This won an action by the plaintiff against the Captain of * W eat Indiums's, for a hreveli of premise of marriage. The defendant had given lair written promise to marry the plaintiff, or forfeit ItHrul., but having r,famed to keep Ihat•promiae, the plaintiff commenced her action. The promise was proved, but the defendant set up kat Mrs. Maculae, son was a woman of indecorous flighty character, else that the promise produced was not his genuine promise, but one fabricated by the plain tiff, he haying signed a blank paper, and handed ft over to her to fill up, ado an •gratemeet for a house. A considerable body of evidence wan called, and tile Jury I mod a verdict for 3001. damages. The cause was tried at the lair hidings in Guildhall far. Scarleit, on this occasion, moved (or a new trial, on the ground of eater, wire damages. The lend Chief Justice, after soma consultation with the other Judgea, said, if the defended would undertake to pay 1.101. intoCuurt by the end of the week, Mr. Searlett might . take a rule lo•shew cause. Mr. Scarlett said, his client could not object to the terms proposed. The Lord Chief Justice then slid, Mr. Scarlet might takes his rule, nod Ids Lordship suggested that it might be desirable to iustiurt the parties More the time expired to come to some eceummodution. In the three causes in which Mr. Searlett had also obtained rules, the SWIM course might be adopted with agoantage. MILLER V. Co ELL. Mri Gurney moved to set aside the verdict in this case, and to enter • nonsuit. It was au action to recover a seaman's wages due eleven ►ears ago. The question was, whether the words uttered by the defendant was an admission that wages were due, thereby taking the case out of the statute of limi tations. It appeared that the plaintiff amt others were hired to sail ants boya,:e from Caustic to the Mediterranean. The ship ac cordingly went to Abjures, and on the homeward bound voyage Was lost. might years after, the mute of the vessel informed thindefeudant who was one of the owners, that several men welts ready to chins their wages. The plaintiff wax taken to hitiqanti he was told the plaintiff was one of the men. The del:Went said, very well ; did be get any mosey of the cap tain?. The mate auswerml, Nu. The defendant then replied, I wary) to my attorney , and to tell him to do what is right.— , The ,Avilty, under these circumstances, itiund a verdict lee the plaintiffs. Mr. Illeeney now contended, that the defendant had not awls swuti acknowledgment of the plaintiff's claim as took the sac out of the statue of limitations. The defendutt received enfornietiou front another, having no huuwledge of the fact The Court granted a Rule In sliew DETENTIoN o! sEAMES. Mr. Plait ntortd for writs of Habgas Ourpas to bting'up 21 persons taken into custody on the 13th instant, and detained ou board his Msjesty's ship Sewn, without any 'egg cause for sad. detention. The Lord Chief Justice.—What is the alleged offence? Mr. Platt.—They were taken in a vessel 'imputed of swap gling, and detained, av I am inatractml, without warrants. It wu the cue or the Badger, a Dutch vessel, which may have reached, the notice 01 the Court. Judge Best.—The case of firing on a boat. Mr. Platt.-11 there is any ground for their detention my mutton most fail. On the 2111 i instant, application was made w the Captain of the Severs, to state by what authority be de- Mined these area, and he stated no authority. Thetord CLief Justice.—Tbe regular coure will be to take the :milli. WEDNESDAY, JAN. 29. CDARGE TO THE GRAND JURY. This morning, upon the sitting of the Cutlet, Mr: Justice Bayley deli shed his charge to the gentlemen posing the Cranial Jury for the county of Illiddieses. The Grand Jury then barged moist retired. INC id. •I NillOW. The defen4lind, who was called on his recovisance on a tor ture day, and did not appear, came into Court this morning,. suit pleaded to an iodictwent. The Court postponed the further hearing of this argument, nn account of their Lordships being called to the Exchequer Chamber upon a question of forgery, reserved for the opinion of the Twelve Judges. THE KING 0. NETTLEFoLD MID *ALL. Me, Stoehea algid, that be mused to diaclsurge the defendant' trom piinon. They were convicted un au indictment for con spiracy, at the late Norfolk Makers. The ground on which he mused their discharge was minikan alHdavit of the gaoler, that nu indict had been given for hrliking them up fur judgment. The Court granted the Hale Mei. Aker brariog • few nhurt suctions, the ,lodges atljourucd to tire lixclo quer Chamber, al el, r rn o'clock. FNIMAY, JAS. 31. 1 - NI. KIM. V. SALMON. Mr. Campbell moved far a Ctrii,ra. i, to rt move an indict ment al mu..t the defendant for perjury found e4l the Old Bailey Ses.i.ins. The lilleged perjury motto out or a transaction re ap, elm.; the beelike of Columbian Ronda. The defendant *ss de,exibed to he a merchant of ',real respectability, in the City of Loudon. The motion was made up's' the affidavit of the defendant, setting forth, that he terily believed, nue or more important points 'mould arise on the trial or the iedintiment, and consequently that it vivo desirable to have the indictment tried au this Coml. --Rule to drew cause allowed. • -•-• • - --- - - . . --.-- a. I-p is lead to an inforitation bled against him ra-ejlais Isi do At. IREGIIMTION tstandcfMl4l UV nuts. torstey , Geeral, for selling •• Palmer ' s Principles of Nature." The Lord Chief Justine intimated, at tie sitting of the Court, He appeared, and pleaded air platy, and gave hail. Notice that it would be to the advantage of do public, to Year egjo iof trial was given bins for the oill i l lill iti hOIitIOU ; after which one Counsel in die arguments against rules for new trials. It be obtained a -eopy of the iutormation sad left the Overt ac- I was not intended to deprive Counsel of a reply in a ll ease s. I coluivaimied by his sureties. I but in general the arguments yro and cos, might anther. Saab weintraleite, Jay. 28. it was understood woul I be the practice in future. • REYNN.II.I)* V. Mit-ins. 1101.1.15 0. GuLUVINGH. , This was an action f or a ma li c i o u s prosecution.—The teas- , Mils was an action for trestles*, in breaking and mitering the asetlon arose inn of violent proceeding* adopted by the de- plaintilrs close. The undertakers' of navigation upon a ritual fendant for the recovery of ground rent, which lie claimed in or new out, Dear 1k incliester, had eomwitted the alleged tres respeot of louses in Spa-fields. The cause was hied before passim a hank of the p:iiiiitiira premises. The Jury found a ' the !mid Chief Justice at the Sittings iu Middlesex after last , verdict for the plaiiitill. On a former day a new trial was Teruo, and-the-Jury found a •erdiet for the plaintiff—Damages I moved, en the ground that an act of Parliament far making 4.141. i the canal, which 'taped in 'the reign of Chaska the Second, Two ether indictee were tried, in stitch Mr. Wilson was also I gave a right to the Navigation-Company to encroach upon the defendant. The -verdict in one was for 1501: damages, and in 1 banks, (or the louri.ose of matting channel& the other for 601. All the causes were matelot led. I Mr. Gasmen was this day beard at considerable length against . - . .. I the Rule. Mr. Seism who in the ordioary coarse would have followed Mr. Casette, said, in eerformity with the regulation the Court had made this day, he should abstain trust addressing their Lordship*, but at the same time lie could lint avoid feeling some regret on boding himself the first victim of that revile tion. The Lord Chief Jestioe said, he was concerned to hear any ; -Gentleman say he was the victim of a regulation. On a forsnet • octet ion the Court, amidst a-pressere of business, made a si milar order. The rule wis•'udt'to apply in all cues, but it web intended to present the Lane arz,anient being repealed mot • cessarily to the Court, whereby much time would be lost. Mr. Selvyn said he was induced to make the observation which his Lordship lied noticed under a conception that he might have been censured for having surremlered the rights of the junior part of the Bar, who were mach iutereated is this eatablishincot of such a reign atioo. The Lord Chiet Justioo.—l ant wool' concerned to hear wish remarks, lierause our envious desire has been to allow Janie, Coattail an opportunity Wive beard. 111x..wrlett remember the occasion to which your lord ship alludes. When new trials pressed, Lord Ellenhorongh I laid down the rule, not as a permanent, but a temporary rnleb arising out of the necessity of the case. Judge llayley.—There are now seventy odd new trials. I Mr. R. Lewes then made a 'few observations, iu addition W the argument of Mr. eazelee. 'fh:: Lord Chief Justice, in his judgment, again adverted to the impression which the order'of the Court appeared to make, There was sot the least intention to exclude gentlemen of the bar. The Court was always ready to receive the benefit of their learning and professional talent. On the present Occasion, toe able manner in which the case had been argued by Mr.tia selee, would leave his client no ground to complain that other Counsel had not succeeded him. His Lordship then reviewed the points of the case, and decided that the question ought to go again before a Jury. Judges llolroyd and Best were bf the same opinion, and the rule for a Dew trial was made absolute. COURT OF COMMON PLEAS. FRIDAY, JAN. SI. The Court sat at tea o'clock, and proceeded to bear the causes In the peremptory paper. tannotticizon V. HARMS. Mi. Sergeant Vaughan moved, that in this case the rale should be enlarged on an-alidavit of the defendant. At the last arwick Assizea, the defendant was indicted for a mei+ once iu keeping a forge at the outskirts of Birmingham. where many trades of the same nature were established. The de fendant's landlord supported the case, bet in consmmeeme ott his attorney stating in Court,against his wish, that the animism, should be abated, he had refused defend any longer, and on Tuesday last, the Stith instant, bail informed the defendant that be bad discharged the attorney ; and that the defendant, who was his tenant, must prosecute the snit himself Harris immediately left Birmingham for London, bat the great quantity of water on the road prevented hiss reaching town till W edema day evening, and be now prayed the Court to enlarge &elide, (lint be might have time to make arrangements with his 'tam 'Try and counsel. The defendant bad staid the naisaado, that he might appear before the Court with a good grass, as the rollers, which it was supposed the beanie's might be ear ried on with, had failed. Court—Let the rate be enlarged far eight days ; till %tiara day, the tith of February. COURT OF EXCHEQUIER. FIDNESDAY, JAN. 29. 711 E ICING V. JOHN WAYTF. At one o'clock ten of the twelve Judges sat in the Ezeheqeef Chamber, upcn a point of law reserved for their consideratioar, in the case of John Wayte, convicted of forging and tittering • • warrant of attorney for the transfer or 2,9001. sto. k ie the $ per cent. Consols. Mr. Caincliell appeared as counsel for the prisoner, and ad. dreamed the Judges i:pon the legal objection. The foes were these :—A gentleman left his wife, • Mrs. Fitzhugh, 2,0001 to enjoy the interest thereof, and At her d.ath the principal was to go to his nephews Stephen and John Cone. Mr. Wayte and another were trustee), under e will. One of the trustees did not act, and AV ape, in Conjunction with Mr. John Cote ascer tained the amount of the testator's property, which they con vened into stook in the Consuls, standing in their joint names. W ay te then made a power of attorney to Mr. Underhill, his broker. to transfer the stock. and forged the name of Mr. John Coate, his co trustee. Sonic irregularity appearing on the face of the instrument, a cormuunication was made to Mr. Cone, at Bristol, and that gentleman acquainted the Bank. by letter, that lie had signed no warrint of attorney for the transfer of the stock. which was wholly untuthorised on his part. Wave being put upon his trial at the Old Bailey. charged with forging and uttering the instrument, Mr. Cole was examined as • wit ness. An objection sit,s taken on the ground that COIL. was • competent witness, because he lied an interest in the destruction of the instrument. If Wayte was acquitted, it would be a valid instrument, and Stephen Coxe must lose his interest id the ))))) leer, or prosecute a suit in Chancery for the costs of which John Cute would be liable. Stephen Cote would also in the CUR; of acquittal, have a suit Against John, for breach of trust. Mr. Campbell contended, that no person standing in the t ai ns tio ll of John Cote could be considered a competent witness. It might be said lie lied the power to revoke the in strument, but that could not he done %siLliout incurring expence f or the stamp, which Mr. Coxe might be desirous to avoid. Sergeant tiosanquet, in support of the prosecution, contended that Nlr. Cote was a competent witness. The question was, witness, wh ether w ' r e s i ro be n ge m t c h l e ud i cTo nl ii in aL n e t min w t a u s f tglieeniunitneir'eset Crate , might hnavtiti i n argument,eliibiixb g it which'‘as a di s ji ls e for g ery. dgr..a t legal a llearied S knowledge tergra iu m mil l. 'Minister 'acquaintance with the afiairs of the Governer a. d • % • t' ~ ,• ~~; r