The National Register. — London, England, 1821-12-02 00:00:00

C. — a% public expect ; we will do our duty, and I never will sit and hear the opinion of the public held out as a threat. Mr. Cooper ob d, that he had no intention to threaten the court ; his object was only to urge eonsitit tioatal arguments, without ■ny intention to offend the court. Mr.Chitty, on the same side, contended, that the deputy was not to have the direction ut the impot taut duties of the Marshal. The Chief Justice, after some consultation on the bench, said, the court, looking at the affidavits, would make a rule 10-morrow, for regulation on the subject blogglit under notice. THE KING V. THE WEST MIDDLESEX WATER. WORKS. Mr. Scarlet( opposed a rule for a mandamus, calling on the Company of the West Middlesex Water-works to spew cause why they do not supply water at the rates originally paid. The Court were of opinion the rule could not be made absolute. They had OD information with respect to what would be reasonable sates fur the water supplied, come tpiently the Court could nut order this Company to make reasonable rates. lie only apposite remedy was appli cation to Parliament. The establishnient of a maximum of ',lice might remove all disputes. Rule discharged. WEDNESDAY, NOY. VI. The Lord ChielJustice, on coming into Coot t observed, that it was not the wish of the Judges to extend the sit ting this day to a late hour, and it would be convenient to postpone all matters likely to occupy much time, unto the adjournment day, w Welt was fixed for the Inch of January. THE LATE MANCHESTER MEETING. DEDFOND V. RIELLY AND OTHERS. It will be recollected that this was an action for a com pensation in damages, tot injury sustained by the plaintiff lions the defendants, Itirley, Oliver, Whittington, and Meagher, members of the Manchester Yeomanry, ou the memorable tutu of August, 1819. Mr. Starkie obtained leave to enlarge a rule granted to sbew cause why the craw of the action should slut be moved fur Lauctisliiie to Middlesex, the original place or issuing pi ucess. The grounds on which Mr. S. moved was, that the tole hail not been served until yesterday. The Court mitered the time for the return of the rule to he enlarged to next 'ferns. Tile Coos t then proceeded to hear the motions of the Bar. public rx turd hear Mr. C threaten tioual au, court. Mr.Clu was nut the Mars The C bench, make a In ought THE ILI Mr. Sc on the C shew cau originall, The Cu absolute. would be quently t reasonah cation to of puke Rule d The 1.4 that it wi tisug this to poster the adjot January. It will pensatior out the Meagher menuorui Mr. St sbew eau inured ti 1 issuing p was, ilia' The Cu to he roil 'Tile C "MI XING V. Ll* ISLE% V. The defendant who was tried with Kinnear Mostly Wolf, two years since, at Guildhall, and found guilty of a most extensive mercantile fraud, now made application to the Conti, by his Counsel, Mr. Claw ood, for a writ of Habeas Corps's, to rt move hint cut of the custody of the gaoler of Glutictster gaol to a prison nearer London, where there are mot c tout and air. The dtt iitlant was sentenced to two years imprisonment in Gloucester gaol, to pay a tine of .50001. and to be imprisoned till the line be paid. The imprismunent has expired, and the ilef.mtl• ant remains its custody for not pa., ing the tine; he is, iu fact, now a pri,oticr tor a debt to the Crow u. Mr. Justice Bayley said, the s. tilt nee passed upon the defendant ordered Isis imprisonment in Gloucester gaol, instil lie made the payment of the tine, and consequently the Coast had no authotity to attend to the atbilas it. The Lord Chief Justice was of the same opinion, and intimated that the state of the defendant's health might be the subject of implication elsewhere, but this Court could not attend to it. KING'S BENCU PARTE BAILIE V. TUB MARSHAL OF TIII KING'S BENCH. The Lord Chief Justice said, the Court had considered all the affidavits made in this matter, and npon the lust, the charge of not confronting Colonel Bailie with Colonel Mead, they were of opinion, the Marshall had given a satisfactory answer. They thought the Mai - slut acted discreetly in not bongingthe parties together; and al though he might have been justified in or epilog the party to Horteinonger lane prison, yet the Couit thought the cons se he took was the means of keeping the peace iii the prison. Another gi mind of complaint was, that alter in f:natation given of the improper manner in which the' coffee-house eras conducted, the Marshal did not Mune diate.y discharge Poole, the keeper; it, however, ap. geared lie did discharge him some time after, and alibi,' he might have discharged him sooner, the Court did Ind think that the circumstance called for severe at l i 11l adver. sten especially as it did not appear that any disorderly conduct was observed after the month of December.— l'et using the affidavit of Colonel Bailie, they found a great complaint relating to the permission of turnkeys to have rooms in the prison. A great deal must necessarily be lett to the discretion of the keeper of every prison; and considering the characters who went to the Alarslial sea, the Court had no hesitation in saying the Maislial had a discretion to exercise in providing for the reception of prisoners, and they could nut interfere with that discre tion unless they saw gond reason for interference. Coin t had directs d that the Mai sisal, in his visits to dif ferent parts of the prison, should inquire and make known onto the proper officer the persuns ii, posses:inn of such rooms, so that ai ratigemeuts in that respect might wcc l the eye of the Court. The only remaining charge was that of not residing in the prison. The Marshal had said a great deal upon the subject, which might allow excuses, but after all, the Court was clearly of opinion the Act of Parliament iiimt be obeyed. The. Act said the Marshal teside iii the Prison or the Rules, and that pros I,ioll could nut be hill inged. The Court had prepared a rule to make the Alaisisal reside in the Prison or Rides, and they mitered that he du report next Term what he had dune, in compliance with their order. The only remaining part of the aabjoct w as the question of costs. All that selated to Col. Bailie of • personal nature had be-en answered ; the citelillibinliCe of the dismissal of Poole had not been mentioned, and he hall been confined within the walls by the desire of his sureties, the Court did not feel them selves justified in giving costs. Tenn ended. In the matter of Last Term a person, notated Swainbury, obtained a rule to blgew cause why one of the I ipstaff% of the Court should Out answer the matter of all atti.lo. it, chat ging itiat having demanded 10% tid. for Lasing him to prison, when, occluding to the 17th of George 11. the fee wo% no Poole than Gs. Dl r.l:urncy, fur the ilt•fen.tatit, this day slicncil cane acainst ;he Ride. and put in an affidavit, slatitig, that °nicer had acted un th estahlklied 'nage. lie pi “%. that it Itad loon the custom, duriug wetly years p 431, fur tLt illaDtct tualiubv I od. '74; ;rk THE NATIONAL REGISTER The Court thought, under these circumstances. that the defendant, by paying the cows of the application, and refunding the surcharge, would answer the ends of jos. justice. The Conti woold also make an order, that 10s. 6d. could not legally be demand, .1 in future. TOURSDAY. NOV. Z). This was an action brought by the plaintiff, a surgeon and spadreary in Hollis street, to recover il. 19s. SI for drugs sup plied to the wife of the defendant during her accouchement. Mrs. Hannah Golding was acquainted with the plaintiff; he was a surgeon and apothecary. Mrs. DJ Schrimer lived with the with the witness at Brampton, and was delivered at her house. She knew that drugs were delivered to Mrs. Dc Schrimer, and looking at the bill, said she recollected many of the articles. The witness had a conversation with Mr. De Schrimer. who was a waiter at Brunet's hotel; he said be was not to pay the plaintiff's bill,—his wife was to pay it. Cross-examined by Mr. Scarlett.—She said the lady, Mrs. De Schrimer, was now living with the Portuguese Ambassador. She did not know whether the P Ambassador kept the child. She did not think Mr. De *Miner ever saw the doctor ; he went abroad soon after the child was born, and came back again ; lie then paid the wirness for the lodging: he told witness the doctor's bill was a heavy charge ; he did nut say he had no business with the bill, hut that lie should leave it for his wife to pay. She did not know the lady by any other name than De Schrimer. She did not know the child was supported by the Portuguese Ambassador, but had heard it was, The child was taken from the witness's sister at the age of four or five months. Mrs. Ann Wood said she was the nurse who attended Mrs. De Schdmer during her lying-in. Medicines were delivered during the time she was with Mrs. 1)e Sslirimer. She saw the defendant two or three times a day. Alro. 1)e Schrimer called him her husband, lie asked for tier as Mrs. De Schriulet• . . sr T.!Z Cross-examined by Mr. Scar!cu.—She said Mrs. De Siehrimer paid her money. She went to her at the house of the Portuguese Ambassador, and received the money. Mr. Johnson said he would send his young man up to the house of the Ambassador to demand payment of his bill. Mr. fkarlett submitted that there was no proof the defendant was liable to pay this bill. The lady hired the lodging, and the defendant paid for it after his return to England. ft did not appear she was his wife. Chief Justice.--He treats her as his wife, and if a professional man is called in and told she is a married woman, he considers her the wife of another, to whom he looks tor payment. There I was no valid defence to this action. 'f he Jury found a vedict for the plaintiff—Damages Sl. 19s. 6d EItiUA Y, NOY. 30. GRAMONT V. 1101CliON., Mr. Marry:.lt, as counsel fur the defendant, slated, that this was an action of Rover, hvo u -ht g by the plaintiff', to recover from the dcfroditit tile property in a dog belonging to the plaintiff, of which the defend.o.t had got and retained pu.sessiou. "I el!: . rliihnt said, the dog was his, and that he lust it. Nit w lie hilli 1 , 11 I'A ,t! WILIIC+Seb all of ss horn would swear that thr do: wts tie plaintiff", possession long before the di Pendant even pi t:riiiled to have log it. The Litief Justice ,reommenA•l a left reuse out of Court. The ptodto.r.ork of tae *mad probably lead to C011be• queoces not quite. !•tated to the decorum of a Count of .luo•re. T 'vatic!. consenting, a verdict wa• taken for the till tor one sioltio,c, subject to a reference to Mu George The dog to follow the order of the referee. CHURCH V, AUSTIN. Th:s was an action to recover from the defendant 9Yl. and received by him for the use oh the plaintiff. The plea was, that there was no promise to pay. Mi. Gurney stated the case to the Jury; the defendant was a horse dealer and livery-stable keeper, and plaintiff took a horse to him, with instruei jolts that it should be sold if a price of 901. could he obtained for it. The horse re utanwil there for ,one lime LI fore it was sold—ultimately it was sold, but on the plaintiff applying to the defendant for the Sal. lie was told the horse indeed was wild, but he could not say where he was gone, nor had he any money for him. The witnesses called by Str. Gurney only went to show itsl exchange for another horse, but no money was proved to have been received. There was no count fur goods sold and delivered, and his Lordship was of opinion, that upon this evideuce, the plaintif must be non-suited. COURT OF COMMON PLEAS, Nov. 30. HART V. BOTITO N. Seijeant Vaughan said, This was an action brought by the plaintiff', who are sine and spirit merchants in Thames sti eel, to recover 121. ISt. being the price of two dozen of tine old crusted port, and two dozen of sherry. 'Donnas Lanagun stilted, that he had been in the employ of John Jacob Hart and Frederick Hart, the plaintiffs in the action. The autness knew Dr. Royston. lie delivered twee dozen of wine on the 3d of Aligest. Sergeant Pell here declared, he was willing to admit the delivery and the price. lie was anxious on this occasion to save lime as much as he could, and go at once to the defence. Tile wine was purchased by the defendant, who was a me dical man, very much and deservedly respected. h was bought on a specific contract from the plaintiffs' agent, a person named Benson, a person who clearly understood that credit was to be given to Christmas. The Jury well knew that festive season had not arrived. When it did arrive, his learned ft lend might bring an action. The wine was ex cellent, and it would no doubt be all drank before Christ but no one bottle would be paid fur till then. Mr. Benson was next called for the defendant.—Before his examinatiou, Sergeant ♦aughan put the following question : Q. Yilu have laid a wager that in this case the plaintiff cannot recover ?—A. I have laid no wager with reference to any thing in this cause. I have had a conversation. The learned dodge would not allow him to slate the con versation. The witness then deposed, that he was agent fur ftlesrs. Hart. He sold the wine in question to Mr. Boystim, who is a physician. It was sold to lie paid for at Christmas. 'file di fondant was solicited to have the wine. He said he had just purchased some, but to oblige the plaintiffs would give au orde:a . _ . Cross examined by Sergeant Vaughan.—The witness said he communicated to the plaintiff . .., that he bold the wine on ercifit.. He was not on good terms with the idamtillb t but had never eripiessed his gratificution at being able to press I lie cost!, of the action on them. The contract aas distinctly made for credit. Thong. DFlalierty, liq. nn officer in the army, was pre • sent *hen the wine was sold to Dr. Bo)sti n. It was to be paid for at Christmas. Sergeant Vaughan here adm!tted that he could carry the ca.e no further. The pluintitn wereanswerable for the act oft heir agent. Ser4eant Pell observed, that his learned twother has.. giscu up the cause, gate hearing Mi. Brawn di.clare it v sold on coedit. s, 14cittit Vaughan jiixtifird thr rnur.c he had taki•o, in t trim vela hit.l4 St:tit:tut Pell jotoat t xclatotud : .~. 3 " Alas! My learned brother dies, and glees no sip." The Jury found a verdict for the defendant. vonam P. ►tatoa. This was an uctiun to ,cover 101. w high the plaintir. a master carpenter, claimed fur wo k done, Lora person of the Immo of Robertson. The defeadatit Was proprietor of a house or holism, where the work wits done, and it was Proved on nue occasion, when the plaintiff complained that Itr could not get hit money, :he defendant said, " Never mind, go on, nod I w ill see you pad." The Jury found a verdict fur the plaintiff—Damages 101. CONSISTORY COURT, Foinor. N0v.30. THE OFFICE DV THE JUDGE I.IIOIIOTED ITOLLEITOIi /10,11NbT O. 5. CLARK, As soon as the Court opened, Dr. Clark, the party pro. ceeded against In this me, rose up to address the Judge. Sir Christopher Robinson observed, that no cause was yet called, and he cauld not bear Dr. Clark when there was nothing before the Court. The Proctor of Dr. Wollaston, upon the Registrar's having called the above case, then declared that he would now pray the Court to pronounce Dr. Clark to have beers in contempt, by reason of his not having appeared befog* the citation whicn had issued in this cause. Dr. Clarke,—Sir Christopher Robinson. a citation, It hi true,l have seen, calling an me to appear before lay Lord Stowell; but I fume received nothing else—no other notice whatever. Since this happened, I have learned by the news papers, that Lord Stowell has resigned his chair iu this Court to you, Sir Christopher; but, notwithstanding this, I have been served with no other citation. Sir Christopher Robinson obsorved, that Dr. Clarke, however, having now appeared, the Court would be relieved from the necessity of pronouncing that lie was in contempt; and no doubt the cause would now go on in a proper and legal course. Dr. Clarke.—l wish, Sir Christopher, to be heard before this court in reply to a charge of having obstructed the entry of Archdeacon Wollaston iuto my church. Sir Christopher Rubinson.—That question is not yet before me, Dr. Clarke : at present it only remains that (the Court should proceed with the business before it, is the usual form. —lf the Court apprehended that any delay was prayed for, itiwould readily grant it. Dr. Clark.—Really, Sir Christopher, I wish to be dis missed one way or the other. I cannot continue to sleep out of my bed in this manner, I bad only four hours sleep last night, and four the night preceding. lam sure that my case ought to be considered; Loud Stowell is my only senior here. Sir C. Robinson.—The only way will be, Dr. Clark, for you to give an appearance in the usual way, and put your ca . e in the hands of some professicnial gentleman,. Dr. Clark.—Really I have it not in my power so to do. cannot afford to as ail myself of their assistance. I have been long in great poverty, and have a large family. The expenses of publication have been very heavy upon me. wrote a book, and dedicated it to Lord Sidatotatti," when lie was Premier." His Lordship did me the honour of writing me a letter of thanks, but he has allowed me to remain in poverty these IS years past. Sir C. Robinson.—Will you given an appearance, thee, Dr. Clark ? Dr. Clark.-1 will do any thing that I can do, Sir Chris• topper; but it is not in my power to employ advocates and proctors ; the mere expense of coach hire would fall heavy upon me. But if these gentlemen will do me the honour, as Senior Academic, of attending to my case, shall acknowledge their kindness. I have nothiug to give; but I would willingly part with my life, if I could. —The Court would give I leave to say, that he found he could not admit Dr. Wollaston through the large door, and lie thought it would be disrespectful to admit him through the back door of the clinrch. But the next time Dr. 'Wollaston came, he would admit hint through any door the Court might be pleased to direct. The Archdeacon's Proctor then exhibited the articles, of which he would furnish Dr. Clark with a copy ; and he prayed that the said articles might stand for admission on the next court day, and that Dr. Clark might be admo. Malted then to attend. The Court decreed accordingly, and observed that Dr. Clark would permit it, before it rose, to give hill one word of advice, namely, to employ counsel to appear for him in this case. It would save Dr. Clink much trouble and embarrassment, and be of great advantage to Ilia cause. Dr. Clark expressed his obligations to the Judge for this suggestion, but he was afraid that he should be unable to comply with it. He was •ery poor, and had already incurred large expenses by the frequent appearance which his parish compelled him to make in courts of law. The Court then rose.—(Dr.Clark appears to be infirm, and advanced in year■.) Mr. Webber, a youtig man, who performed the part of clown in the equestrian company of Mr. Cooke, now exhibiting at Wakefield, with distinguished abi lity, was on Monday morning discovered a cold and life less corpse, ill the area of the Public-rooms erecting in Wood-street, in that town. He called at the Wood. man Inn, about 9 o'clock, but did not sit down. The night being very dark, it appear.. probable, that unfor tunately approaching too near the corner of the build ing, he stumbled upon some loose flags which lay there, and coming in contact with the low parapet wall des tined for a palisade, was precipitated headforemost down the area. In his descent his feet had evidently struck against the wall, but his death was probably instanta neous, :IS he was fuond with his head doubled under his breast, and his neck dislocated. A Coroner's inquest sat upon the bodvat the Woodman Inn on Monday even ing, who returned a verdict of—accidental death—and laid a fine of 201. on the proprietors of the rooms, pro. vided the place where the accident happened, and every other dangerous Opening near the buildnig, should not be secured, to the complete satisfaction of the foreman of the jury within 48 hours. The remains of this nu. forttni.ttc young MAO were on Tuesday eu ening aceout- Witauled to their last repos!toiy, in Si. John'e church-yard, Wakefield, by Mr. Cooke and the whole of the per former:, anetided by a kind of music playitig the dead march in Saul, and followed by a large concourse of people. Monday evennitt, about . five o'clock, Mr. %Maas Ennis, of Atilliony-street, St. Georges in the East, pass ing the corner of Alm! Anehorlard, Rosemary-lane, was attacked by tour ruflima, who kiivekeil him down, and robbed hint of his watch. I d . 1 -sa.