The National Register. — London, England, 1811-08-25 00:00:00

IMIP9 :~::~~ there he foUnd her---the•fact was also avowed by the ,- Ote'sentimente of the defendant by t_ by him to the plaintiff's wife, after she was separated from her busband. Though this letter was without date or name, it would be proved to be in the band writing of the defendant. " MY DLAits ItZLOVLD SOPHIA !—I am distracted almost to madness, under the pressure of a thousand different reports. If .you have any regard for the most solemn promises , if you love ne, send, I entreat you on my knees, the most convincing as surances of your unalterable attachment and affection for me. Assure me, my dear beloved, that you never more will live or cohabit with him, and that you are still faithful to me, who am only yours in the most sincere affection, and who lives for you alone. I pray the Almighty God to bless and protect you, and strengthen your love for me, under the severest 'flab. Heaven bless you my dearest, dear Sophia !—As you love me, write, beseech von, to your own affectionate Henry. I have been told that you betray me to him ; I do not believe it, my dearest love; were you to abuse my affection, I would at the first step pub lish all your letters.—No! my beloved Sophia, I hope you pos sess nobler sentiments than to stoop to the man you have in jured, and who, in reality, I know you hate and fear, or betray the saiceray of the affection of him who is only and ever your gc own. Capt. Henry Hutchins Burkhead being called, stated, that he rosided at Saltash in February last. He recollected being called not of his bed at an unusual hour, in that month, by Capt. Foote, who requester! him to assist him in searching for Mrs. Foote ; he stated that he and f;...apt. Foote searched all about the water s:de for Mrs. Foote, but not finding her, they returned to their houses. Between the hours of eight and nine next morning, Capt. Foote came to the witness's house, accompanied by Capt. I3aylay; after apologizing for having disturbed him, Capt. Bay lay said, that Capt. Foote had come to him that morning to ask him if Mrs. Foote was at his (Capt. Baylay's) house, and that be had 'replied, he did nor know where she was then. Upon which Capt. Foote replied hastily, " You do know." Capt..Baylay said, " Go, if you please, to my house;"—upon which both par tied earnestly requested the witness to accompany tharn to the defendant's house ; they • accordingly both went together, and when in the passage Capt. Baylay attempted to go up stairs; upon which Capt. Foote said, " you shall not go up ;" on this, a,. s...avant who was in the passage went up stairs, and they went.' into the parlour. Shortly after Mrs, Foote Came into the par•; inur, and Capt. Foote adds essed her in Capt. raylay's presence, and said, if she .could say she was innocent, he would take her lmme again. To this whiles; heard no answer returned, and Capt. FoOte repeated the observation; when Mrs. Foote said' something rather indistinct!;, importing that Capt. Foote wished to leave her in the Isle of Wight. Upon some further remarks being made respecting where Mrs. Foote had spent the night, Baylay said, " he would not tell a falsehood about it; she bad been up stairs: On his cross-examination by Mr. Jekil!!, he said he does not • know where Mrs. Foote is, except than repot t. Mrs. Foote a:lietits to t):: between :f0 and 40 years of age, and he supposes the defendant to he three of four and thirty. ie does not know brAv tong the plaintiff!' had been married to Mrs. Foote; but knows they have tive 'children. • Mr. Jekyll then addresled the Jury an hehah . n F !hc defendant. He dwelt with considerable ingenuity on the cHraurnstances of the case; he contended that there was no proof any arts being used to seeltic Mrs. Foote, and that, for all they knew, she had of her own unsolicited inclination gone, on the night .11!edtal to, to the house of the defendant. He said there was ne to oof that that the plaintiff had lived with his wife in a state cl conjugal. affection.--He said that there was no proof that Capt. Baylay's. circurrwtatices would enable him to pay heavy damages, but ap pearances spoke the contrary; damages should be given, but the : JoR, be was sure, would consider a very moderate sum stAlle;ent. The Setztorr surnmett up the evidence, and the Jury, after sumo ea:liberation, returned 4001. d,,Airage6. LEWES. FLEET BANK NOTES. .7%Art Ba2cs Shuckard was charzed on several indictments, with various frauds, effected by the following contrivances. On the-25th of July be went to the Old Ship, at Brighton, which is kept by a person of the name of Shut:kart', and introduced him telf as a name-sake. He told the landlord • that he knew his hrothLrs very well, and that lie bad lately seen his yoaiger brother, who had srnt him a letter and a parcel, and was sur prised that he had not received any answer in return. The latatilem4 who is a German, said, that he was very glad to see a natriake, as he never knew of one in England, and treated him hospitably, recommending him to lodge at a neighbours. A day or two afterwards at dinner he rciated a story of the arretuice boy ivhere• he lOdged having stolen a watch, and added, as he H. THE NATIONAL act of her having passed the night there W 2 defendant. The Jury might conceive 'NO endant by the following letter written prc , ' I .Itl • was a dealer in lace, he had considerable pro erty about him, Which he would thank the landlord to take care of. He' then woduced a 5001. and a 501. note, and 'said, e you see here la 5501. these notes he then sealed up in a piece of paper. and delivered them to Shuckard the landlord. lie afterwards went about the town and bought a variety of articles of lace, jew. ellery, &c. referring to the landlord for his responsibility, who readily answered, he had deposited considerable property witb him. This obtained him crcdit, and he got t e gods of several tradesmen; with which he decamp , d, and suspicion ?rising, the deposited notes were examined, when they turned out to be sham notes, but so closely resembling Bank Notes that the difference is not visible on .an ordinary inspection. The word FLEET is introduce d in small letters scarcely visible, and the word PENCE is substituted for pounds • the cc rner letters are white on a black ground, exactly rese mbling the genuine Bank Note. The prisoner was acquitted on the charge of frauds on a de ficiency of evidence, but he was convicted of publishing a note with the sum expressed in " white letters on a black ground," which, by the Bank Apt, is a Misdemeanour, subject to six months imprisonment, which sentence he received. KENT. MAIDSTONE, AUG. 2.?,.—The Judges arrived yesterday in this town, and immediately opened their Commission. This morn ing early they proceeded to business. WALTON t'. BURTON. This was an action against the late Sheriff of the County . for not arresting a man agairst whom a writ was directed. by i;bich tho laintih alleged that be had lost the.means of recovering his debt. Mr. Serjcant BEST, for the plaintiff, stated, that he had a,cause of action ag,linst a person of the name of Moffatt, against uhoin he sued out a writ. The Sheriff upon this verl granted his war rant to one of his officers, of the ;lime of Carter, who resided at Maidstone. The person against whom the writ was directed, namely Moffatt, lived at Mitten, about five macs from Maid stone. Instead of executing this warrant himself, Carter put tt into the hands of his follower, of the name of iiroad, with ano ther person, named Wood, and 'they went to arrest Moffatt. They did iind him, and took him into custody. for he could not call it arresting him, in as much as it was not a legal arrest. Moffatt, however, made them both dead drunk, and lie c,er, u nce remoniously took' his leave of them. It VMS .clplr, ?there fore, that the officer himself might haVe arrested Moffatt as well as these men, on which case the plaintiff would probably have obtained his debt, particularly as he should prove that Moffatt bad property to a considerable amount taken'in execution after this writ. The Learned Serjeatit then called witnesses, who proved the existence of a debt of . 9A. and upwards, frcim Mof fatt to the plaintiff, and that a writ was sued out, upon which a warrant was granted to Carter, the Sheriff's Officer, to arrest Moffatt. Wood, the follower, was nest called, who stated, that he ar rested Nicifatt, but that he Left them after hisnsilf and Broad were inebriated. •, Carter was also called, who stated, that lie handed over 'Ms v arrant to Broad to execute it, because he had other business ; and he also proved, that a short time after lie levied an execution on the goods of Moffatt for upwards of 5001. Lord F.LLENBOROUGIi expressed great indignation at the con duct of the officer in putting his warrant into the hands of un. authorised persons. He observed, that they were not justified by the law in executing it, and in arresting the person of Mof fatt ; they were mere trespasses, and if it had happened that he had resisted them, and killed one of them in that resistance, it would at most have atnoutred• to manslaughter, not murder, and might perhar have heen,justifiable honsicide. "'sliese were the mischiefs which might have ensued from the misconduct of • the officer. -tie hoped the Sheriff had good security fur the con duct of this officer. • The Jury 'found a-verdict for the p'aintiff. . CROWN SIDE. • David Loyd was indicted for personating James Boyle, an out-pensioner of Greenwich Hospital, and receiving the out pension of the said James. Boyle, a seaman entitled to the out pension of Greenwich Hospital. The offence of personatin g an nut-pensioner is made a ft.lony by a particular statute. The prisoner, it ap . peared, kept, a public house in the Bo rough, and it was clearly proved by the .evidence of the officers of the hospital, that in the month of June .last, when the out pen.,ioners were paid, the prisoner solsw•ithi to the name of James Boyle, and presented himself as the person of James Boyle, to receive thirty-five shillings due to him. He was how ever recognized as having answered to the name of another man, and having received his pension. He was theretOre de sired to come into the clerk's room, and was examined as to who be really was. He then stated that he had advanced money - - .....