The National Register. — London, England, 1823-03-09 00:00:00

1 . !MIDAS'. NARDI 7. )ONES V. naINONAM. Mr. Serjeant Lens stated this ease. It was an action for false imprisonment, and the damages were laid at 50001. The plaintiff was a aergeon, and the defendant eaptaiu of the ship Arrow, and the iinprisonistent took place on board that ship on her voyage from India to England last year. The plaintiff was • passenger coming home with a certificate of illness. The defendant pleaded • justificati )))) . Capell proved the plient:ff having bee• cotleed to his cabin by the defendant's order. J. Sellia, a musician on board the vessel, stated that he car ried various messages Com the plaintiff to the deludatit.—The former wa► confined by order of the latter. Cross-examined by Mr. Serjeant Taddy.—The papers now produced are in the hand-writing of Jones. Mr. Jones used to call Captain Bringham • blackguard and villain—he, on one occasion, threw a saucer-full of jelly at the captain's head. John Smith was appointed sentry over Mt. Jones—be was relieved at the end of two boors—don't know who took his post when he weal—liie plaintiff had a sentry over hies till the ship arrived it, the English Channel. Tide was the ctse for the prosecution. Mi. Srrjeaut Pell, for the defence, then proceeded to read a number of letters and notes to the defendmil front the plain -4ilr, in which the latter stigmatised the runner, Major Ilowieson, and several eminent passengers, as " villains, blackguards," and scoundrels"—that they were "a disgrace to society, and the vilest creatures the Almighty ever seffered to exist;' but it was with prie he was obliged to revert to those disgust ing documents, of which the jury hail only heard a part, to clear the character or Captain Bringlisin. and to show to the world the dark mind of the plaintiff. (More letters mere then read, couched in the sante strain as the former, and also a requisition, signed by all the passengers, to the captain, re questing the plaintiff might not he allowed to dine with them at tffeir general table.) If lie (Serjeant Pell) should Trove • these facts, then he had no doubt of the verdict being in his favour, and thus Captain Bringhain would be cleared of a, char..* which materially affected his character. The Leitrim , / Counsel, after eensuri •g in severe terms the plaintiff's bell a. I Moue, and commenting on " the malignity of his dispositin called Major Falvey, of the East 'lndia Company's service, 'who corroborated every statement made by Serjeant Pell. Mr. Ayres gave similar testimony. Mr. Serjeant Pell said he could go much fugtber, but the Jury said they were satisfied. Plaintiff nonsuited. The Lord Chief Jastice was bond in justice•to es', the de fendant, Captain Bringbain, let the Court with a. character untouched by this charge. He bad behaved with, great for bearance and hunittnity. The Jury begged kayos to concur in the sentiments of bia Lordship. POLICE. BOW STREET. On Monday last, a well dressed youth f abont 15 Tenn old, was brought up by W. Smith, tool another of the patrol, who hail taken him into custody on the preceding evening on mimeo eeee of having shams a hat. He was areonspastled by 111%1 . '4111er, a respectable looking elderly sass', attired iu a military cloak. The slateiucut of the 'slivers was, that on the preceding evesiiiig there was a fire iii Berwick-street, Soho, and • great crowd collected, among w'aicli ilw thieves were pastirsiiasly active, and anioug other hicks that they re sot ted so, was that silknocking 4.11 ineii's hats end running away.willa 111.114 While the officers were Ws duty, they saw the prisoner leave the crowd wills a hat node, his beside. that which lie had on his head, Conceiviug that he bail stolen it, they took kiln into custody, and on his way to the swats li-house lie said he was the 6011 of a rept ciable sliest, -sod that he hail been rein for the bat In Ilia father. Bedsore he reached the which-house, be differed so eive the hat so the officers It 'they would let • gu, This strengthened Jaeir sospicirm, and they load hint locked sap for the night. They had wade inquiry that sitoreinsg, and f I that his 'duty was tine, and they had theretior no charge agaiii-t The hlagisfrme (Ms. Halls) expressed his regret that the lad dondol have been confined all night ; but the ta llier must feel that the officers had dune sun snore than their duty. The boy nisist of course be discharged.• The father look away Isis sow, dud there the matter was supposed to Wee ended : but on Tuesday evening, as mum as Sir 'Behind Wrote and A:v. Halls had taken their seats. James Sedgwick, E. chairman of the Commis , *Motets of Stamp., entered the office, and proceeded to lay a complaint hefore the anugistratee, of the conduct of the °aces %, who lie said bad exceeded the Wain of their aniliiirity, and bad unjustly imprisoned tho sun of.a res pectable "mi. Sir R. His isie,upon hearing the circumstances, declared his epithet' that theofficers had dune sio more Ursa their de!). Mr. Sedguick said they had, They ought nut to have locked up hie tail when they were told that he Was the sou of a iespeciiii•ie maii, and had been merely sent on au es rand. 'fuse; onjlit to More made inquiry. • Sir H. Biridesaid, that officeis were sod obliged to be lieve every 'troy (hat was told them hrtliose whom they happened to sake lasso Clialotly. Mr. Smignick said they ought to have .sonde inquiry. It was list lobe hover, that we son of a respectable and hullos'' able Haan bliosild he shut up for a whole night its the black hole ufa watch.house, among felons and prUfte• tides, as she captive of a couple of police officers. He as determined that the buy should have justice dour. Sir R. Bisolie..Vrll,, Sir, yon are at liiserly to lake what steps you please; but we have nothing to do *WI it. If she office,. have done wising, they are amenable to the law. Toss can indict them as the sessions. Mr. setleviii k.—lndict them at the sessions! And what satisfaction would that be ? It is your d ul y, f illing lime as a Magistrate, to are that officers do their duty property. Sir It. Birnie.—l think they did their duly properly. Tiny say , this buy wills a bat whirls sissy Ihouglst he Isad scion, suit sunder the citcunastance., plane saspiciuu •was well founded, and they had a right to lithe hint into cos todNyl Amigos ick.—Sir• that boy is as incapable of stealing a bat as yoii rue. Sir 111..ilit Me (rising from his chair.)—Sir,l know what is due to my rank and situation here, sod I will not sub. mit to be instilled by any man, whatever may be his inv. 11011411 Ce in society. I Can: nut who or what pm aro, and I desire you will leave the office. Officers, renters On, ••••• te 1 50.. I. • • • • FROM TUESDAY NIGIIT'S GAZETTE. CROWN OFFICE, Maecu 4. MEMBERS returned w sere in this present PARLIAMENT. Borough of Ilyegate..—James Cocks, of Charin Cross, in the county of Middlesex, Esq. in the morn of the Hun. James S. Cocks, who has accepted the Chiltern Hundreds. County of Dorstt.—Edward Berkeley Portman, Ern. of Bryaaston {loose, in the county of Horse, in the room of E. B. Portman, Esq. his father, deceased. BANKRUPTCY ENLARGED. C. Irving, Southampton, schoohnitster. from March 1 to April 3. BANKRUPTC' SUPERSEDED. T. Fitagerald,.Lawrence rinintney Hill, machent. BANK RUPTS. W. Wells, Brightwell. Wakshire, farmer. Solicitors, Meyer;. Williams and Co. Lincoln's Inn. C. Ford, Regent Street, linen draper. Sol. Mr. Clarke, Warnford Court, Throgniorion Street. J. Alderney. Liverpool, grocer. Sols. Messrs. Clarke and Co. Clmneery Lane. J. Fietc:ivr, Plurnbland, Cumberland, lime burner. Sol. Mr. Armstrong, Staple Inn. A. G. Alingay, Silver Street, Golden Square, builder. Sol. Mr. Brooking. Lombard Street. f. Chaileswortli, Clare Strict, Clare Market, grocer. Sol. Mr. Portal. Clifibnrs Inn. S. Ilebbion, Hutton, near Rudby, Yorkshire, butcher. Sols. Moors. Murton and Co. Gray's Inn Square :.1. Haile. Cheltenham, victualler. Sol. Mr. King, Sergeant's Inn, Fleet Street. J. Iltunthcrstone, St. John Street, Clerkenwell, victualler. eels. .itiersb. Saunders and Co. Charlotte Street, Fitzroy Sq. 1 I)IVII)ENI)S. March 29, B. ltoffey, New Bond Street, tailor-8, J. Han welt, Poph.r, mast maker-23. S. and T. P. Franceys. Liver pool, outride musms-26. T. C. 'lodate, Leominster, &emer— iti. J. Morrie , . Liverpool, wine tuerchant-2L. J. Tarleton, Gloucester Place. merchant-27, E Manchester. grocer —Rt. I. and T. Mailman, %tallow. Westmorland, mercers—. 23. R. N. hose. liolbm Hill, bookseller--41t, J. Cripps. Wis beach, Cambridgemhire, linen draper— , April , 1, T. Vernon, Towcftter, Northamptonshire, grocers., rtl. 11. and J. V'. :ey, g o chford, h.sseet, bunkers-7, W. Burraston. %Forres— ter, hop merchant—May 10, Keleher, Bradwell, Essex, shop keeper. CERTIFICATES to be granted March 23. T. Grecowell. White Lion Court. Comltill, merchant—H. Ilunenlireys. Islington. grocer—J., J.. and J. Slater, Yeadon, NorkShire, clothiers—ll. Ellis, Twiston, Suffolk, fanner. LAW INTELLIGENCZ. i.,': COURT or KING'S MIONDAY, MADOR 3. THE NORFOLK. RANKS' FAILURE. ANDREWS, AAttIONEE, O. WILKINs. ?dr. Scarlett stated, that this wits an action brought by the assignees of Eagle, Willett, mid Co. bankers. at Thetford and other places in Norfolk, who had become bankrupts, to recover the amount of 3191. on • bill of a %change, drawn by W Lied and Co. and accepted by the defendant. Mr. Citations W illett proved the hand-writing of the drawer and acceptor. The lhoolsropts carried on business at Thetford, • Mildenhall, Brandon, Gum Will Stow-market. Sir John Per• ring and Co. were their agents, and o a the 23t1 of April last, Sir John refused to pay their notes s witness meneited notice of this on the 21st; wildest went immediately 4o Crandon, and found that branch, as well loathe others, were abut sit, and hid toppea payment. Fiodin..; the other brans-des Lad also.stupped payment, *tote's returned to Thetford and abut that up also ; Oil the 2-Ith several persona applied at Thetisofil for money, also al BrandoP, but were not paid. On the 241 b, F.a 4 e, %%diet was within when several people celled und retuseal to see dveua ; . .witness was in the room WWI him. by Mr.Scariest.—He bad the chain open his door, rod told witness lie was afraid of being welded. William Loft was apprentice to Robert Vs fillet, at Andra ball. Ile.told witness, on she 2.lib, that in conseeuence of the Bank ( raving slop he expected to he arrested. Mr. Thomas iliac:Ale I, and witness told him Mr. Robert Willett was sot at home, alohougli he Wilt. Thus, by his orders, he .slenied him to areditorm David Cola and Thomas Hill ttorroliorated the evidence of the above.wi:seates. Mr. George John Willett. —Knows Mr. Lockwood ; to was • creditor fur upwards of 4901. Witness was agent at Rory, a draper; had Wok . ' over the door. Witness iv I son of Field Whim, hot was not a partner. Bill of Exchniage pet in for 3101. drawn in. February, and due on the 24tis ui A I d. Verdict fur the platodif with interest. • li.r•Dtr!, MARCH 4. • SMiTH•s. MO NELL. Mr. Platt.slated, that the plaintiff in thisoase was • clergy man, anti sought to recoser 1.0111 the defendant the sum of 321. 12a. for board, lotigin.:, and instruction ,turnished to the defendant—the defendant pleaded firm that he was an infant, and seetontiy that.in fact be had never pr0...1.rd to pay. The facts o:* the c.,se were an iidiuw : dmendant was a young gentleman wleo was dasiruus of nuaroing for a mer cantile situation, and will. that view lie applied to thephtinia, who is master of .an ac leney, to he taken ins° Ida family as a parlour Weider. and tone pet rented in • mercantile education ;; ,ancordingly terms having been agreed to, he, ou the Lit:oaf, March, Rilta, vf mot into the plaintill 'a family as a parlour boarder. Ile was furnished with meat, drink, loCing, and education, and continued there live months and a half, the idainlid having by a...41011y in that time render d him fully qualified to take a situation ; he then quilled plaintiff's house. The charge made for his board for that time was 27 ;pitiless anti a bah, being at the rate of 69 guineas • year. There was Also a c:targe of two guiueas for entrance, and a guinea and a 'lna for wasbing, making the plaintiff 'a demand 31 guineas; for this sum plaintiff had made repeated applications, and de fendant repeated promises of payment, but bad as frequeutly broken his promises. On one occasion he wrote • letter to the plaintiff*, in which be pledged his soul and body that Ile would pay ; some dote after he sent a person to him with a letter to demand payment, when he gut the .letter front him anti tore it to pieces, aayin.;, •. Now, what will Mr. Smith do to prove bin debt ?" He trusted, howet er, the Jury would to-day show hint such proof .was not necessary. After I sodomise's bad been examined, The Chief „Insilco suggested the propriety of settling this cane out of easel, and accordingly to his Lordship's auggeatium a juror was withdrawn. 'MAY, MARCH 7. LIBEL.—PALMEICS PRINCIPLE OF NATURE. THE KING V. CHARLES TRUST. The Solicitor-Genaral stated, that this was a criminal infor reation again .t the defendant fur publishing • blasphemous libel P4lntors Ptineiples of Nattle." • Tlie defendant it was one of Carlile's dolmen ; an officerseot to purchase the book in qaestion, would prove the fact of the defendant's being in the shop when the book was handed to bins by means of the machinery in use. Ho understood that there was no defence. Thomas Ford, a Bow-street officer, went to the shop in ques.ien. Csrlile" was over the door; the defendant was here, and another young lad; witness asked for " Palmer's Principles of Nature." re said ha lied not got it bouud, but in hoards.; he said it would be Ns. end desired witness to put the money in ihe boa, pointing to a bole in the partition, behind which the defendant went, and immediately the book was put through the spout. The hook produced is the book which witness marked; witness then proovede t to Bow•street, fetched a warrant, and took deleittlantioto custody. The Lord Chief Justice asked, if the defendant was in Court ! A young man, seemingly a Jew, about lb or 19 years of age, then stood up, and asked the witness, if he saw any other perms in the shop—Witness answered, he saw a gentleman going oat of the shop with a book, lust as witness west is Defendant submitted there was II" proof be sold the book. ♦nother young man, stating he was the defendant's brother, called out—" W e have Counsel, my Lord, out yet come iuto Court." Lord Chief Jnstice,—" Who is your Counsel?" Defendant.—" Mr. ?render-glut. Lard Chiefluaticr.—. Ile's gone ow the Circuit s I dare say." Defendant a►ked the WeiWed' if he could swear defendant -sold the book ! Not further than 4 have stated." J. Purton, soother Bow street odicer, corroborated the former witness as to seeing hint go into the shop iu Giltspur street, and • ring out the book. De:endsat submitted there was uo evidence of his being guilty of the olrecee charged. Lord Chief Justice.—" N ell, well, we will see by and by." Defendant then modestly sat down, and was silent. The several passages selected• for prosecution were then read from this philosophic work. The defendant proceeded, in an audible voice, to read his defence, which was as follows :---" if the Jury were composed of twelve honest wen, they would pronounce him Not Guilty. If they (the Jury) were disposed to convict him on 'be evidence of such fellows as there, who would swear through brick walls, it might be said the Jury themselves were of that description of persons, who get their bread by taking false oaths. lie did not enter into the character of the work, but contended there was no evidesoe of his haying sold the book " The Sol!citor-General, in reply commented upon this de , feistiest, a were boy, being prompted in all be said by an el derly man who sat neat to hiss, and put the words of hi■ de , fence into his mouth. He contended, if those witnesses were not persons of good character, they would not be employed by the Bow-street Mice. 'lke Lord Chief Justice oh d, there could be no doibt this book, calling our Saviour an imposter, was nu im,tions sod profane libel; and as little doubt of the eridence of poblieution by the defendant. It was unnecessary to say more, than that lie hoped the conviction of the Jury would have the effect of remising that ..ery young man from the society with which it was to be regretted he was unfortunately leagued. The Jury, without hesitation, found the defendant Guilty. The defendant was then ushered cat of Court in airway. COLRT OP COMMON PLEAS. w übrir.sDa‘ , et Ancn 5. ar•Citirtinid AND DL GialAi.V.i v. STRALT AND ItUDFORD. * ' Mr. Serjeant .Vaughan blasted the case to the jury. The plaintiff's were reepeetalde merciisnis, and the dereadanta were the proprietors of the Contirr new-paper. lie thought that it would lie ittitioaailile for the jury to declare that the writing of whirl, the plaintilr l complained was not s lilse4 ; end it would have been as •.iiptessible for the plain:dr. to parr it over is ei twice. since no epology had cler urell made by the defeudants, who, us the contrary, noty at forward to J ustily elvers 1i..1e a, it. Tile pliiiiillf. baring detl 'toed to emery out a toes can oks, tile adventure to Vast llii man's ad, purchased it ship coiled the Dept, us Isonrit of which they mobs' Led various pieces of machinery. The Idaho Id's deterinined to CM," out passengers, clad Low, 00 persons turdr.4ed to situ 111,11 them. OriAinsily, it lied been the intention of die plaintirit to set sail from London on llie 29th, uf August, 1621, hut circumstunres occurred ' which vete Med them from leaving that port until °Molter 7. Liss iiig ariived in tile Downs. the i vise( seffered damage trout • sey ere gsle, and was compelled t• run into Rsaisgate harbour. Vino, task t the paissen.,ers becaute toiwilliug to proceed in she reset ; and in outer to get rid of their engagement, some or them represented to otonous-trou e ot ~ .ert. doll there were mute passengers on board than were allowed to he car ried, accoloing to the 42d of George 111., called the Passen gers' Act. In consequence of this ieforeistion, the *hip was seised, and detained at Nonislate for lose months; but upon an tavcwigsliun beiine the Dowd of ellhi ((((( 11, it appeared that there lord enisted no just ground fur tailing possessimi of the vessel, sod the Tien:wiry grunted a compensation 01 Mill. to the plaintillit cur the topor which they had atm.:tined by that act, and seat the pm..eir_ers out free of eipense in another ship. The /Awl which fib teed the subject of the prosecution was published in the Co.', ;N . OU the 3.1 of J.inuary, 1622. It way in ...e 1 . 1,r0i of a 110.11.. c 110111 a corre s pondent, and it mated, in sunsi once, dim the snip /lop; Mier Wein been ileisincit in lm ' for a considerable time Mier the period at which her owners had declared that she would sail, to the ;veal prejudice of the imisseugers, had been obliged 40 put into Raiusgate harbour in • stale of great dishes.; that she had been disco vered to be uniteawartay, suit not sullicieally victuulled for tier imentled voyage; that Doi protkinos were of au inferioe de wino; (((( ; that the owners lied hewn arrt sled for debt ; and tdat the uniortunate person) who bad been deceived and misled by the piomises of the owners, were reduced to entreme ini '"r. Ever/ . "time , " 156041 jue0 in the Witt would be prosed to be lake ; a n d if that should h e d one , how el iminal would not die conduct of .he defendauts appear. They had pol,lislied a li,ei, which wan calculated it/ destr o y entirely the value or property of so delicate a 41111/111.0, ~;.ippin 4 ; anti yet they bad never, Irmo the day on which th e e h eee iee writing livid wit peered, down to the present, condescended to offer the slight est apology, or even to acg,,,,,,jedge that they had been mitt iniOrmed.—The damages were l a id at 10,0001. Witnesses tally proved t h e ease ; and the Lord Chiefluelice declined, iii ill • 1 i s in Opinion every statement cont ained in the libel had been rifled to be unfuum;ed. It would he for the jury to judge whet:ter that circumstance was evidence of • malicious intention, which was itece ..... Ao constitute a libel. There were some circumstance'', h r, which ought to be &moldered as tending to extenuate tile *trance. Not only was !here contradictory evidence, but circumstances had undoulit rally arises, by Which the object of those persons who bad embarbed on board of the plaintiffs' vessel was defeated, and which might possibly have led the defendants into error. The question of the amount of damages rested "ti e '' , with the jury. After a few minutes deliberation, am log returned a Vtr" diet of Guilty—lloinageo MN. • • . . , ...t le turoi 1...4 1.14:Aa4” . 14•1 L1t41%.14•11,..) :.• . 'l.l . . b I