The National Register. — London, England, 1822-04-15 00:00:00

1..11; INTELLIGENCE. corwr or KING' s nt:Ncti. 11411NESDAY, ATltil. This day the thief Justice sat at Guildhall to try causes. Several were called on, but in consequence of the absence of the parties, were passed over. ling NTUI( e. taI!pWAY. Mr . Seed* . lt, for the plaintiff, stated., that this was an action of assault. His client us a gi.lllli . llolll belonging to the establishment of the Surrey Tbeatre,witere, amongst other duties which he hail to perform, was that of a Ranee'. The &t e nd int also belonged to the saute este blisl tit , in a hich lie held Cie situation of ballet-master, anJ piinriilal been in pantomimic performances. Mr. Yawl Wreiteli, commonly called Signor Paulo, who was present on the night in tptestion, heard a ifig:11111• oriw between the plaimitiff and deli ',dant as 10 110 'ir teapot live merits in their procession; heard the plaintiffs fr.:ly he could be hark. il for GPI. as a better (Lower than the defendant. Tht• pasties were Kitting on oppo , ltr sides .$1 a table, and aitness saw die * plaintiff stretch nut his finger towards defendant's fare. This was before defen dant struck him. His linger went near detilmdatit's nose ; fill Which defendant struck him, first with his fist, and then stick, winch he had in his hand. The waiter of the coffee-bowie was in the coffee-roam at the time, and heard snub aggravating language pass Li-tweet' the parties—heard plaintiff tell defendant some in:* his boss danced pretty aril; and asked abet master be (the defendant) had retained to leach them I 'f he defen dant, in reply, raid he had a littic , git I, four years old, who would dance better than time plaintiff. 'l'ltis witness also saw the plaintiff point his finger towards defendant's face latnre defendant struck him. Jull . son appeared for the defendant. 'l' he Chief Justice commented on the evidence which had been given. which, his Lordship said, haft it in doubt who committed the first assault, us the pointing of the f tiger alluded to constituted an assault in law. He left it to the Jury to say whether, in this ease, a shilling da umAges would not be quite suflicieut ro meet the justice of flit case. The Jury, withont hesitation, four.tl a Verdict fur the plaintiff—Dawages, Is. costa la. DISI'LT V. lIFAIME. This was an action to recover damages for a malicious prosecution. The. doe firation set forth, that the defen. (tint, intending lo injure the plaintiff, unlawfully, malt and a mthoiat 1t4%011 or probable cause, Mitt out eii indictment, charging that the plaintiff, being .examined by Mr. Coiliotitlge on the execntion of a %tit tit iininiry, upon an action bra light by Britlues v. hi arne.. t..i‘viy sa are that he, the plaintiff, did nut go away Intl a boa tit lace, afier 401. had been paid. The question the Jury had to decide was, abet:ter there WM. 111011111. k lonise for the intlietnietit fur petiory. The Lord (turf Justice, in his t hinge, Called the atten• Goo of the Jury to the natnre of the action. It might be said the plaintiff Hall not committed prrjuly, but the mere Oct of pi vier' ing aY ititlicutient was trot soifietent to war rant ter Jury in giving tlainaLea. Although a prosecution blight out teal to ctvlyietilnt , it was in saute inatet,ces almost unavoidable, and lilt to be con•idt Rd malicious. On the trial of the tudis intent against the plaintiff for the alleged crime of pei . inly in that Court, the prosecution failed upon informality, relating to son:e tornitq proceed ing-, and the plaintiff could not he lotto ,1 guilty. The Jury ere to inquire whetlier there was or was nut reas o nable came for preferring the indict mem, and it they considered the proceeding malicious, they would gate temperate tiatitages. The Jury foetid a vereact for the plaintiff—Damages ARNOLD r. MORRIS. Mr. Parke said,;l;Witt.lion;4sbiollal:t by the plaintiff, a w.he and spit it inert bant, to recover 13t3i. the ao,unot ot a bill of aaebange given by the plaintiff for the et• 0111. 101 l of the defendant, w iu had become It appeared in the conrse of the vial, t!!at the debt had al IS elt cut ot a CAM bliirg transaction in the tnnds ; and, under all the circumstances, the iff tsar tionattlted. TIMRSIThIr APHIL 11. 8111.1. ER v. •ARONS. . . This WAS an action brought by the assignees of Benjamin, rilairuits ' and Gat laud, bankrupts, against Lew is /barons,in recover 4,1441. being the prot•ectle of a quantity of cotton which belonged to the bankrupt, nail which had been de. livered up to the defendant under the following circumstan ces u— It appeared, that prior to November, two of the friii.kropts, Alagoas and Gal land, had COMA:Wed acts of bankruptcy, and by the operation of the law the property Rats vetted in the partner who had not committed tin act of bankruptcy, ur in the aw;gth•es of all. At the time of She del. very of these goods, namely, the 14th of November, 1813, by Garland, the ;tropes y aus Hot in Alagnus and Gar land, hut Beajussiiii, v 5114.1 was absent from England, at Gibraltar. Them is ao act of Parliament, introduced by Sir b. !tonally, wDa ii says, if it commissivis of bankruptcy does not issee within three months alter the delitery ur goods to a credit ir, it renders all the transactions valid, and if the act had stopped the, e, the defendant would have arca en titled to the Kook ; hot there is u proviso, that the person to whom the goods are delivered nant nut have Louv know. ledge of a prior act of bankruptcy or iitrlvency. If he has knowledge uf the same, he loses all the heiwtit of the statute. The quiation therelnre in this case %NS, hillier ur liot, on Bus IVtli ut November:llll3, I.cnis Aaron* knew that Gar. Enid and Magnus had committed arts uf bankruptcy ? and as helher he knew the boine had stopped pay fluent, us bad bt come insolvent? 'the snout of the, parties tieing In a vale of involveney was made out, but that nes not sufficient to ttrprive the defendant of the Foods, inlets the Jury were c hay laced the defendant knew the bankrupts were insolvent. The evidence 'Ton that puint proved, that io Fes ruury and April, Iblll, Messrs. Spouner and Co. isvued process again., the putties upon diAlosonirecl to the aniount of Bestprinin and Garland were at rested. Ate of the pe who hvirotritt ariticuiu and Garland, was the delen eau! Aarons,'filltrthe inference was, .that lie must !sore been an are of the iiisolseut ciicasuatances. Mr. Mnroatt stddiesscd the Ju:y for the defendant, and estmtntd (Leland and Magma hi soppott of his statement. The Lordt hielJustier)3 id, if the Jury ui he tsidocce ictle of e;Oloots. Aaiun hoes., on the 12.11 of Ziosember, 'h:l 11 '; 1 .41 3 ". et E".ll",,int Msitus, and Garland, .te such n Male tool flies t uulA um ithoot 04.4. lo•y•orot., ii. the ecliimwm of Iposoesho, we) otsAlti to tio.l A tvtiti. for the pl h intlr % 1 0 , 4011 Vie Clir trZ rY. they „WWI,: to belie,* Hutt the de'eorthet t.: , ruent ulessi 101- Yip( irrBi:::t stiothf to he for Ow dercolloot, Toe J :tishut the Last hesitation. taitha a verd;ct fa. THE NATIO NAL the Dentitges 4,1441. Uhl enmsuceupied needy the w huie of the day. WHIMSY. APRIL 12, KINGSFORD i. HOPS. This was nn PCII , III ny the assignees of Tlinma+llnpe, against George !lope, his brother. to recover the value of a vessel which flits transferred from Thorn:is to George; also a bill of exchange, and 200 quintets, of oats and beans. All this property was claimed on the ground that the bankrupt had ii,tven bis brat oar o fatiferrnee to the injury of the tither creditors. They tillrged that the different articles whit h they bought to recover Isere delivered by Thomas Ott the defendant. George !lope, at a time alum lie was in decayed circumstances, Roil iii contemplation of haahruptcy. The question consequently a as, Wle•t her the twit-leis a Welt pa , sed from Thomas to (hiorge acoc delivered with a view at re leadng the bankrupt limn CI gugeolents to his brother, to tile injury of Cie general creditors? The evidence a ith respect to the transfer of the slop oat this:—'flue bankrupt applied to his brother for an lOW:Mee of money. The defendant re fused, ait heat he ucreis,dstcnrity,and the ship in question was conveyed to him. Ile thou am/aimed 31)01. and took op a bill of exchaw4e. A question urei,e npun the conveyance of t ler ship. It ans commuted that due euquit y had not been made respecting the registry, and that tit., defect made the propel ty vest ht ilie essimiees. The Jury, upon cousidration of the evidence, found a ver dict for the assignees tot SS3I. Another came, in a hick the same parties were 11110;tnnts, stns alt, tried. 'rho question wits, a limiter the defendant vrd. , entitled to 'hold I quartets of oats sol.l by the hark rapt to his broths ? The verdict was for the ass'gcees. ;agog Sntrltignre. CLOUCI.STER. Defers Mr. Damp. GA ti vow and a Special Jury. KING V cit.inicit. Mr. Ludlow stated, that rite ceelaration complained of a breach of promise of mart Mee, and that the defendant bud ',tended the general is,ue. els. Jervis addressed the Jilt y on behalf of the plaintiff —They had, lie said, he: rd the nature of the action a bit they were n to try, iota which was brought to recover tlainngee tor one of tee fleet cruel iejaries which could be tellteted on the sea. 11e %%teed, howesere restrain his feel. ices and state to them the feet:, which would be proud in es ideitee, with all the eimplieite in his power. Alas Mary Ann King, the plaintiff, elle itow that> -t wit years of age, but was tally tee:ay-sic when the disaitroue vela-islets com menced. tine w as the daughter of a ain't ieseectuble man ho obtained his livelihood by the management of a large factory at a salary of lithe trete than ble. a et or. Mr. let:tete, the dee:mime, cow 39 yews uF air, MO who was 12 w hen he beertit to address Use plaintiff, a as ti gcittlem.w or considerable fortune, and of la‘cinutittg maitners, 'Nil() had served as a Lieutenant in the Gloucestershire militia. At tracted, no doubt by the beauty of Miss Kite:, alto moved iti an inferior station of life to his nen, attd a hu then was ruccersfully attempting to add to the scanty income of her fat her, by her exert ions as a fancy-dress-maker, he eat ly • 111., began to eisit her, and to pay her marked atteutions.— Her father, solicitous Welk welfatc of his child, thought it necessary to demand of Mr. Cluruce the meaning of his visits. road this& gentleman promised to satisfy him with till the ap parent freuktiess and honour of a soldier. On the invitation of the defendant, they walked together to MI inn, culled the Old Hell, where Mr. Chance exclaimed," What can I .ay or is hat inure ran 1 possibly do, more than I have done, to (sour jeer you of my h)))) our May my hand drop teem my bode, may tattene cleave to the 'Hui of my month, if ever 1 dece tie you or your daughter; and rte one but she shall ever call me Itiabautl." Three expressions were strong, but they werchlvlu itul, for they time taken in no smell degree from sacred writ. AG. Kane, noxious that the defendasit should not rashly pledge himself, iemaaJed him that bis daueliter euld have no toriutie ; to e etch Mr. Chance replied, " desire no fortune but your datteliter—that is all I desire."— Mr. King then obeeried, thut he had a mother and relatives a ho probably a told disapprove of Me connexion ; to weich he untie ered, " 1 am nut a boy, surely I taw old eitoogli to choose for myeelf. No : neither mother, nor aunt, uuel., our any other shall multi: a choice for case; 1 have made may choke and try that 1 will abide." But even on the dust iart promise lie (Mr. Jervis) netted not rely; he wooed read ci ii acts from a series of let tees addressed 10 the durim i the whale of the protracted courtship, which were full of the stiosigtel and tendertet expressions of love. 'el , cling these, lie lied endeavoured as far as porsible to avoid Wound ing the leelings of the tletentlent, for he stood in that court rest to gentles the curiosity of an exeertaitt audience, hut to obtain redress for unmet ited starlings. here the learned reword read extracts wont the haters ot the defendant, (coin August, 1915 to 1819, a Welt exprteesed the warmest anecdote and while they lain, uteri circuurstnnere which did out pet , mit an immediate marriage, ealrorted Miss King to sustain her spines in the full assurauce that a lime would come is lieu their mutw,l wishes would be completed. But in 1819, (continued elm Jetta) his love began to decline. lu that year the plebe di lout her mother, uu which occasion the de tentlititt addressed to her a very common-pi:tee letter, fur dillerent from' teat %hid, site might have expected from him un um event a hid. lett her half an orphan. In the February after he wrote to her, itainieterg Out he had no prospect d marriage, and could nut think of brieeiug ton her penury and ti late bediress ; but, toerie honour, in :illusion to her fears lest her repu at . .hould setter frum the breaking off of so long an intimacy, declared that her character was unim. peucheble, aud omit he would maintain her innocence N ith his lite. " Never," said he, " did I witness any thing fruit, you In woid or deed w hich could raise it blush in the most ttttt oceut cheek," WWII, however, would the Jury when they heard, that in May, Itieo, after mote than five years courtship, lie paid her a visit to iitforin her that lie had mimed un ateichtitent to another lady named At aria Eva us, to ask her consent to his marriege, and to demand his lead, Iry t her heeds. Ou receiving this Clllt-I intiniumee she f a int e d, an d fell into violent to 'aeries. tier hither, reel; [r ing tunue from his tieile occupatiou, rushed into the room, stud sup orient; 1011:4 arms his child, doubly endeared to him by the lose of his wh'e, rued by her own tonere s, asked the defendaut " is hat this could menu ?' Mr. Chance replied, "Ask 04.tret" but she was. unatee at tint to speak...—. My I dear t hthl," said Ler, father, "sprat to me; abut is the matte( ? " Ott father," said she, " it will be the death of me," again hiltatel. be' ben the reeevered, she exelaaned, ' " Mr. Ci t ence k Come here to tell me himself that he has for flied a sineeer cone. !too a ith runner for some time, am] to esk tile curseet in #1 . .1 ;noire ing her, and insists nit having his letter." Mr. Kate thee Joked toe defeudeut hew be I could teitik efbtenlirr nil a reemeeidsi whien had holed so artg, stud sit:tut:tided if he eemeireastd the premise made to I I him nt th e km T " I don't know that I do. evls'llYs" was his ;answer. Ilis own remarkable expression.s were then repeated to him; hat he only mid, "I do not know if it was exactly that." After some time he begted Mr King to in to his &outlier at Ulev, and to tell her lie tsotild never leave his daughter. Mr. King aceordingly went ; wet it was to lie feared that this was only an expedient to pi tiCUre his lbsence; fur after he was gene Mr. Chance was nverheard demanding his letters of the scat cely cutacious woman, and Ow/n(4411 to break open every lock in the house if they were not given t o h im . Mr, King retioned, idler seeing the defendant's maths r, and informed Mr. Chance that she had refused to hear him no the subject, as her son had farmed a connexion with smother lady. Shortly after Cie defendant kit the house, and re:netted no more. 1n is few days he wrote a note in the coldest terms, again deutandieg his letters, told oill ring to retui n those ul the is ha l: lie rept esented as disinterested conduct, best cal. elated ai secure tiietr mutual happitem. On the Viii of March, I'M, his mot her all oast ac.es o f Iri s imam it died, and with her stated King, for he came Into the pip:sessioti of it consitlet able for tune. Ire never, however, redeemed his pled t .es, so often and so solemniy repeated but on the Illst of January last put it fur ever out of his pos er to do the plotionl . jut" ice, by marrying Miss Maria Evans. No attempt %oald tie now made to cosi a shade over the r tin racier of the plaintiff—he knew better the delicacy of Mr. Pullet's mold a but of this he was sure, that if all her conduct were subjected to the sesertst scrutiey, and all her letters exposed to the world, nothing a sold he found a hick, in the ward, of the rl-fentlitut, " could mote a blush on the most initocent cheek." In esti. mu: lig the amount of the damages, t het e acre et Inv cir cumstances which they would consider. They a mail te member the age of the port es: the defendant of mature years and compel.. nt to decide for htinser; the plaintif at that period of life IA lied a protracted court , hip, followed by dews lion was en irretrievable iejury. Those six leag years a' deferred hope, could never be Co own:sated in this world. That beauty %Inch charmed the defendant laid faded ; grief had forestalled the ravages of time; for, from tout asuisietit when he dared to request her conseitt to an milady union with snottier, her health bad been utterly brokNi. Those eyes which he had described he the ItallAU tipe of poetry a, of " heaven's own tint" were dtaaned with a ceiling ; and that hem t which had beaten out with love fur tii.u, was es• hatisted for ever. If he did tier the justice to declare that !here was no other stain on her homier, calumny %mild st ill be bus.., and insinuate that after St/ long a courts ion, she was ma forsaken without cause. Whip could desire to re one alto tool so long lavished her affections, though Monet-min situ another I The With of love was exhausted, and there was no Ptomethean heat by which it could be rekindled. Site had anticipated an elevation in rank ; participation in the eitioyincats a !licit the fortune of her lover could supply ; the {dram' e ..r ao alliance a ith a gen tleman of a profession is how galoxitry nod honour justly gave its members p.. culiar ftISCIIIIIIIOIIB in the eyes of the fair. For the loss of these—for an almost broken heint for ruined health--for a frame brought to the verge of the grave, they would give the only balm within their power to apply—in those ample damages which justice required at their hands. John King, the father of the plaintiff, was then sworn, and examined by Mi. Taunton. He stated the conversa tion between the defendant and himself at the beginning of the counexio», and the interview in which it was bro ken off, precisely as they were described by Mr. Jervis. His daughter wa., lie said, in large business as a dress maker, when Mr. Chance first paid Ida addresses; but since lie had forsaken her, she was incapable of attending to any thing, and her business had therefore She was so aliened as to be taillike the person she once was.---(The witness ads so affected while giving his evidenee,Miat he was at tittles alienist unable to pro ceed.) Alava Jane Woodward, who was apprenticed to the plaintiff two months before the connexion was broken 014 eel ruboreted her fattier as to lief-condition at the last visit of the defendant, and her subsequent illness. She had slept with her since, and knew that she scarcely obtained city repose. Eleanor Harris, the maid servant, overheard Mr. Chance after Mr. King had gone to his toothier, demanding his letters, and threatening to break open every door and -lock in the house it they were not given to him. He said lie would ask the servant for them. Miss King replied it would be useless, fur she did w.t know where they were kept ; and if she did, she would not give them tip to him. Miss King was in bed en the next day, mail lied never been well since. Mr. Chance was in the habit of visiting and walking out wilt her up to that evening. The letters of the defendant write then proved and read: though not without some extravagancie, , , they were feelingly and etegantly written. The death of his mother in March, 1521, and ins marriage with Miss Evans, were admitted. Mr. Morgan deposed, that he rented the patrimonial estate of the defendant at .:0.11. a year. On his etoss-exiiininatson by Mr. Campbell, he stated that Mr. Chance was oriminally a clothier, but had failed in business, and had afterwards served as a lieutenant its the South Limmeestershire Militia. After the peace, lie was entirely depemlent ou his mother fur support, and was mita far from affluent. Mr. Puller then addressed the Jnry in mitigation of damages. He urged that ►he connexion ought never to have subsisted; that the father onglit to have Collllllllllli. cated it to the relatives of the defendant ; that the plaintiff had lost little in a marriage which would have into uduced her into a family who would have treated her for life with anger and bitter score; and that the issue vacs Only that which might have been anticipated as the eesult of a con nexion which could only he completed when a mother was laid in her grave. He was authorised by his client most unequivocally to declare, that the conduct of the plaintiff was above all reproach, and that if any calumny i-ad assailed her, it was totally groundless. Thja, ho thought, would be a better balm to her wounded feelings • tem those damages which she, or rather her blends, ought to recover The defendant was now far from rich, stud large damages worth! came Ins rein. Afr.liaron (3a: row recapitulated the chief circumstance* of the case to the Jury. It had been said, he chastised, that this connexion ought not to have subsisted. If the plaintiff had been' en artful woman, older than the defen dant, who had taken advantage of his ardour mud inexpe rience to entrap him into an engagement, this would be true; hut such sus not the case before them. His chief odence, and it we. no light one, consisted In his 1:011 t tttt • &moo pretend affection to the plaintiff. when he was actually !haying huts add, esses to another wonia: , . Ile had tumid her in the bloom of life, and in circuit'. Wirt,' of !watt!' and cegtfoi t aud I.ad kit bur ...,hatteti;cl, tulles is US ask; ~~