The National Register. — London, England, 1821-07-02 00:00:00

PROM TiTEND AYNR:WF'S GAZEPT-ET-7- BANKeur•rc. J. Dalton. Bury St. ' surgeon. Solicitors, Thasni. Bromley and Co. Gray's Inn Square. .1. yooden, Dover, Kent, limier and spirit merchant. Sols. Messrs. Lodington and Co. Temple. H. A. ('ox, G. %Yawn, J. I:urher. and G. Cox, Little bankers. Sole. Messrs. Swain and Co. Old Jewry. Consitt and It. I.re, Rinoston upon ( lull. merchants. Sols. Messrs. Roper and Cu. Bartlett's Buildings, Holborn. F. Mitchell, New Mahon. York. corn and coal merchant. Sol. Mr. Wilson. Greville Street. Hatton Garden. J. Layzer, NlilHawk, Lornwall, innkeeper. Sul. Mr. Makin. IL 11. salmon, Alfred Place, Bedford Square, horse dealer. a 4. Mr. Nlartindal., Gray's Inn Square. J. Hilton. St. Martin's Le Grand, saddler. Sol. Mr. Mills, New Ntwth Street, fled I.ion Square. W. R. Goodluek, Leigh Street, Burton Crescent, broker. Sol. Mr. Taylor, Jos in Street. Aldersgate Street. W. limper. Aloldon. lsaez. watchmaker. Sol. Mr. Lawrence, M aldon. DIVIDEND;. July 12. S. liaistrick,itil;;Vorksilir;, clothier-21, F. Lear. Strand, bruslimaker-17. T. Mantle, Dover, cabinet maker -2s, A. Milligan, Wolverhampton, tea dealer—Z, W. Basher, Aldetwate Street, wholesale jeweller-17, .1. L. Dutnont, Austintriars, merchant-7, .1. Cummings. Osborne Street, Whitechapel, brewer-17. W. Enanott, 1.1/ at owe I'ountnt•y Lune, oil merchant -7, B. Foot, Gracechurch Street, tavern keeper-7, T. and E. S. Foster, Yalding. Kent, malt/ten-17. .1. Ballmer, City Cluutibets. Ilishopsgate Street. merchant-7, S. P. Seager, Maidstone. thatler-17..1. It it kman, Iligla Street, St. Giles's, brewer-7, W. Cigar, Maidstone. grocer-17, J. 11. Browne. New Road. St. Pancras. statuary-3. T. and It. Tweed, Chingford Mills, EYSCX. millers-17, N. V. Spangen, \Veils Street, (Mahn:nes Fields, nateltant-2% T. Brown. Congdon. StaStrilshire, grocer-23, T. Lax, Liverpool, soap boiler M. Willie, Broad Street Buildings. merchant. CERTIFICATES to be gnu,ted July 17. J. Collier. 118inow, Cheshire, cotton spinner—W. Bryon, Hammersmith, brandy merchant—J. Swaine, Bristol, &Mo— ll. Fuller. Bethnal Green It tad, surgeon—S. Lovelock. Bristol, baker—W. Smart, Bishopsgate Street, carpenter—E. Boe, ('hadkirk, Cheshire, calico printer. LAW REPOR7'. COURT OF KING'S BENCH, stotinAY, JUNE !,:b. RIVERS V. HEATH. Mr. Scarlet, mot cif for a new trial in this case, on the ground that the verdict had been given against evidence. —lt was an action against the defendant, a celebrated engra'•er to recover one hundred guineas lift engraving Ilogarth's Mardi to Finchley. It appeared that Mr. Heath, having been employed by Mr. Baldwin to en grave Hogarth's works, sent the plate to Rivers, who received 441. and brought his action for the difference. The jury found a verdict for Ifful. Mr. Scarlen now stated that the plaintiff had not been so long employed tin the work as he had proved at the trial. The defendant had Obtained evidence since the trial to prove that the plain till was employed on other worlTs during the time it was supposed lit: was at work on the plate in question. The court granted a rule on payment of costs. The court was occupied during the day on motions for new trials. BIRCH V. APPI.LBY. Application w is made in this case for a rule to spew cause why the deletalant should not he discharged out of the custody of the Sheriff of NI iddlescx on the ground of being a femme conrnl. The application was made on the LfliJavit of the defendant, stating that she was the wife of a medical man named enetwynd, who left her in 1799, to go to Madras. It did not, however, appear, that the husband had been seen or heard of since that lime, and the Court, under all the circumstances, held that there was not sof ficieot proof of curerture to induce thorn to discharge the defendant.—The application was refused. The Court after hearing motions, rose at an early hour. 711IDAY. JUNE '29. I.TBELS.-THF KING V. EDWARD KING. On the motion of Mr. IValford, the detetalant, a book seller, apreared to plead to an indictment preferred by • the Comdmitional Association, which had charged hint with unlawfully publishing a false, indecent, and scan rlalous libel on the King, the House of Lords, and the House of Commons, in a work entitled The Pasyuin, Genoa( ."aly►ist. After the libel had been read, as set forth in the in dict men , the defendant pleaded Not Guilty, and was told he would be tried at the Sittings after the present Term. .1 lie (lc rendant being called upon for bail, Mr. Blackburn said, he was instructed to state to the Court that the defendant was prepared with the anal bail for his appearance. but nut with bail for his future good behaviour, is required by the titith of Geo. the .1(1, C. 11). 16. The learned Counsel wished to know whether the latter could be dispensed with. 'file Chief Justice.—" The Calm arc of opinion he ought to give bail fur his good behaviour." The defendant, titne time after, called his hail into Court, and after examination by Mr. Walford, they entered into recognizance, in 401. each. TUE KING R. WM. CLARK. The defendant was also brought up to plead to an in. die:went fur publishin :1 wicked and Idabpheinous libel of and concerning the tlo!y Scriptures, in a work called •Qoteo Mob. Alter the libel had been read the defen dant pleaded Not Guilty. and was told his trial would come on at the Sittings after the present Term. Ile was then aukeJ if he had bail in attentlatice, rse defendant addressed the Court, and submitted to the J /sages, that he ought to be discharged on his own IOOO4IIIiZaIIICC. He had been in COilSeqUelICC lOrmer prosecution held to bail for his good beliatiour, and he could prove, he said, that he had nut been one hour in his shop since he was w Isound over. Chief Justice.—Yott must make an affidavit of that fact, and go before one of the Judges. Your application canon' be attended to without au dflidavit.. _ . tipbtaff was then urdered it, keel) the tlefembut NATIONAL REQI ,STEJL in custody under his warrant mild he had an oppoitu nity of going before one of the Judges, at Chambers. PENNINGTON V. WALLACE. n this case the plaintifi, a lady, had c,ohal,iiLd a con siderable time with the defendant, who made lit•ra want of annuity (31,501. In consequence of separation of the parties and non-pay mem of arrears, she eollllllelleell all action, to which there was a demurrer, and the Court was called upon to say whether there was a bar to the action. It was contended on behalf of the defendant that no consideration had been given for the annuity, and that the plaintiff could have no cause of action. It was irgued very ably by Mv, Holt, for the plaintiff, that the defendant was tinder a moral as well as legal obligation to abide his own act. But the Court, under all the circumstances, held that cohabitation W 45 not a consideration sufficient to hind the defendant to the annuity deed. It was consequently decided that no consideration had been given for the annuity, and the plaintiff will not be able to recover at common law. CAPON V. CROSS. This was an actitMlticd at tite:Mings at Guildhall, after last Term, when a verdict was given for the plain till—Damages ;tool. Mr. Marryat, on the part of the defendant, moved the Court fora now trial, on the ground of such vcrrtict tieing eontrary to et lattice. The Chief Justice read his cotes of the evidence, and granted the rule. COURT OF COMMON PLEAS, ASTEL p. WINTER. This was an acli[iTiroultif;One month's board and lodging of a lady and her child, at the desire of the defendant, who is a general in his majesty's service. Dix., Evans, the first witness called, stated, that she lodged in the pl ,intiff's house, in Popin's-court, street, durin4 the last year; she saw Gen. Winter come there with Mrs. Mills and her child ; he looked at the apartments for Mrs. Mills and liked them much ; he agreed with the plaintiff's wife to pay 31. a week, for board and lodging for Mrs. dills and her child. This witness was cross examined at considerable length by Sergeant Vaughan. The learned Sergeant's examination went to impeach the character of the plain tiff's house, and the witness; but nothing appeared that was in the slightest degree injurious to either. A witness, who visited at the plaintiff's house, proved that Mrs. Mills and tier child haul been boarded and lodged there in July and August last. The plaintiff's daughter proved that she saw General IVinter come to the house with Mrs. Mills, and look at the lodgings—she never saw him after. Sergeant Vaughan addressed the jury for the defence. ‘Vinter, the learned Sergeant said, is a gentleman of unsullied honour, and resists the charge because there was no pretence fir charging him. The action was brought because the plaintiff supposed General NVinter would not have nerve enungh to hiee what is called the exposure of a court of justice ; hut, if it were a just de mand he would not resist it, and being an unjust one he was too brave to shrink front defending it. The learned Sergeallt pin it to the jury, whether they would, on the es idence they had heard, dcei,le against the honour of his r. J ustice Park, in charging the jury, said, the de fendant might he a brave man, and a man of high rank and siation—all was very probable; but could the jury allow those cnti,ideral ions to discredit the evidence they hail heard. The witnesses had passed through the ordeal of cm,s-examination, and had conic out pure, and he could not see any ve.e.on for discrediting the evidence they had given. His Lordship observed, that the sum sought to be rtcovered was 161.155.; but a small part of it being money borrowed by Mrs. Mills, which General Winter had contracted to pay, must be deducted. The jury immediately found a verdict for the plaintiff —Damages 121. tis. yew. - 4..1 IkIANSION HOUSE. CONSTITUTIONAL ASSOCIATION.—Wednesday last having been api,ointed for the hearing of the inforoda• tions against the Constitutiona: Association, the justice- WOW was crowded to excess immediately upon the open ing of the doors, and the greatest interest in the event was manifested both within and without the Mansion. house. At twelve o'clock Mr. Sharpe and Mr. Murray, attended by Mr. Stephens, the solicitor, Mr. Gould, and a number of other persons connected with the so ciety, entered the room. They were shortly after fol lowed by Mr. Thackray, Mr. Parkins, and Mr. Hano ver, attended by several other individuals. Alderman IVaitliman sat with the Lord Mayor, who appeased to have suffered considerably from his recent indisposition. The city solicitor sat on the bench with his lore ship. Mr. Adolphus attended as counsel for Mr. Sharpe. It was signified on the part of the prosecution that the information against James Bulworth Sharp would be that upon which they would first proceed. 'llse information was accordiugly read. It was that of Joint Tyler, of the parish of St. Clement the Dane, bookseller. It was dated the 13th of June, and Lived, in effect, that J. B. Sharpe had become a member of a tio6ely called the Constitutional Association, the mem- I.ers whereof di.l assent to a declaration not required by law, and which Society was an unlawful combination or coutitletacy within the intent and meaning of the 39ili of Geo. the I,lr. Sharpe pleaded not guilty to the information. Mr, Thackray addressed the Lord Mayor in support of the information. He commenced by saying, that his Lordship had heard the information, and that if the forms proscribed by act of parliament were not complied with, the words of the etiactuient against such societies as that he proceeded against were sufficiently clear to render it unnecessary to enter Tutu any lengthened dis cussion upon then,. Before, however, he env red fully into the suiject, he would bog to disclaim any know. Wee of peisMial hoSillity or tiniiriosity towards the mem• tiers of the assori..tion, to several of w hum he was bound by ties of illt'llds'1:1), anti towards others by ties of d ea r and near relationship, and he could not but severely regret that: ails tVIIOIII he had the honour to be connected should have placed themselves in such situ ations. lie disclaimed any other than those public mu. fives with whien evvry subject ought alone to be actu ated. For himself and his friend Mr. Parkins, he could say that they were equally hostile to the propaga tion of blasphemy and sedition with any in the king dom, and they lamented that some abuses of the press should give plausibility to such all unconstitutional association as that against which they proceeded. It would be objected perhaps, that the act under which they proceeded only comcmplited certain societies in existence of the mow of its enactment (which were de. scribed in the preamble of the act), and that n was now in fact obsolete. tie must have been a short-sighted legislator, who in c .rrecting present evils and abuses, did not look forward to the prevention of future evils and abuses. Ile contended that the legislature had, its the enactment, contemplated the formation of societies whose professions were plausible and praiseworthy— pretended assertions of orders and abuses—in fact,— " Constitutional As-ocianoo." lie proceeded to con tend, at great length, that the existence of outer societies would form no argument iu favour of this, although they might assent to declamations not required by law, as they were excepted by the act, which was not in tended to operate against societies for religious and charitable purposes. The first witness called was Joseph Wilfred Parkins, who was examined at great leogth, and stated that he went to the office of the association, at No. 6, Bridge street, Blackfriars, where he s wv Mr. Sharpe, who gave hint a paper containing an address to the public, and a list of the additional sub,eriliers. Mr. Adolphus, it) a speech of great iogenuity, com mented on the case, and the part of the information which, he contended, was not supported by the slightest esidence. The information was against Mr. Sharpe, for having become " the Member of a Society, the Members whereof (not Mr. Sharpe) did assent to a declaration nut required by law.' No such declaration had been produced, nor any evidence to show that any such alteration had been assented to.—Hc con.. tended that it would be absurd to suppose that a society like the Constitutional Association was within the meaning of an act passed for the supplession of societies meeting for " treasonable and seditious purposes," when the rely address . ' put in evidence as a " Declaration" proved the contrary. After lenethened remarks, in reply to the observations of Major Thackray, he con cluded by calling upon the Lord Mayor to decide, without regarding any of the threats of proceedings in other Courts that had been made use of. _ The City Solicitor, after consulting trial the Lord Mayor for some time, declared it to be his Lordship's opinion, that the tni.lence did not sapport the inform... Lion which he therefore dismissed. GU 11,Di' A lA,. FORGED FIVE You ND Notes.—On Friday a young mail, of respectable apt:earanc:, who gave his name George Lee, together v. tilt a young female of genteel appearance, who passed for his wife, but whose real name was Elizabeth Brown, were brought up before Sir .1 Perring, charged with uttering ton forged 51. notes. From the evidence adduced it appeared, that the pti sutler. had taken an apartment as married people, which the pregnant state of the female seemed to confirm, at Nn. 16, Frederick's-place, Goswelbsireet-rnail. In the course of Thursday last, they, in company together, had obtained from Mr. Dowdney, of 105, achlersgate-street, tailor, a suit of clothes for the male prisoner, to the amount of 41. 10s. and at the house of :Mrs. Macfarlane. of St. John-street-road, sundry articles of kitchen hunt lure, value 11. I Is. In both instances they had directed the goods to be sent to the above address, with change fur a 51. note. %Viten Mr. Dowilney's servant took the clothes, he was shewn up into a room, where be saw both the prisoners, delivered his goods, and received a .51. note in payment, which on his return was discovered to be a forgery. Sonic time was boat in looking fur an officer, and upon application at the house hi Frederick's. beace, they subsequently learnt that tile place had only en taken that morning, and that the parties were gone away. Lest th:s trick might not answer twice at the same place, means were taken to countermand the deli very of the goods ordered at M rs. Macfarlane's. The MAC prisoner called there again in about a couple of hours, to desire they IMAM not be sent, as they should be from home, and that he would call again In this interval a fresh lodging it seemed had been procured at No. 6, Lower Smith -street, Northampton-square, and between eight and nine o'clock Lee again called at 'tl • Macfarland and ordered the goods to be sent mu that direction, stating as an excuse that they were intruded as a present.- The goods were sent accordingly, but the servant who took them was stopped in the s , reet by the prisoner, who received the change, giving a 51. note in payment. In both instances the prisoner had endorsed the notes with the name " Mr. Thompson." Ott this evidence, and that of Mr. Glover, the inspector, who declared both the notes to be forgeries in all respects. Mr. Maynard, the Bank solicitor, requested that both the prisoners might be remanded, as he had other charges to prefer against them. Sir J. Petting hesitated with regard to the female pri soner, there being no eeidence to implicate her, besides the bare fact of her having been present am the meme of the goods, and of the uttering of the note. to both instances. Mr. Maynard allowed that ho could not call for a final commitment upon the evidence alone ; but, as lie had no doubt of being able to add other and intone( r evidence of her guilty knowledge, he trusted there were litifficiesst grounds to warrant too magistrate in reniatid ing her for another examination. The prisoners declined saying any thing in their defence at present, awl were accordingly remanded for a week.