The National Register. — London, England, 1822-11-10 00:00:00

au action was tried, in which Smith was defendant, and Batson 'plaintif f . Ihe greotest indul 6 ence was shrwu to Smith, in asmuch as he was allowed to examine a witness out of the re gular order of proceedings.—The Jury found a verdict for the plaintiff, and next day Mr. Briggs happening to be where the defendant resided, saw biro with a mob of persons, and heard him utter the following words County Court ! County Court ! the Deputy Sheriff of the County, Ilrig.;s, tries causes unjustly in the County County Court.-1 had nut a fair trial, sod Briggs is a d--d rogue, scoundrel, and Tell him I say so." The Lord Chief Justice.—Perhaps a rale to show cause may have the effect of bringing this rrson to reason. Take a rule to show cause. FRIDAY, NOV. 8. JUNE! U. !MACK. Sergeant Onslow moved fur a rule to thew cause why the verdict given for the plaintiff iu this case should not he set aside, and a new trial granted. It was an action tried before Mr. Justice Park, at the last as sizes at Coelmsford, The plaintiff was a sheep dealer in Wales, and he sought to recover for 6 sheep sold to the defendant, • a publican in Essex, at the rate of 235. per bead. The plaintiff called two Welch drovers, who proved the delivery of the sheep to the defendant. Oue of the witnesses said something about • bill of exithange, and the defence was, that no sale of the sheep had taken place, Just as the Jury were going to give their verdict, the learned Judge said, you have not produced the bill of exchange, and the Jury found a verdict for the plaintiff. Thu learned Sergeant contended that the direction of the Judge was wrong, and consequently that the verdict ought nut to stand. J make Bayley—what became or the sheep ? Sergeant Onsluw—The defendant ultimately bad them. Mr. Justice Bayley-11 you had the sheep you ought to pay for them. Mr. Sergeant Onslow said be made his application solely on the ground of misdirection. The Cosa granted a rule to shew cense. HOFFMAN V. HEYWARD. Mr. Marryatt moved to set aside the verdict in this case for the plaintiff, and to enter a oonsuit. It was an action upon a contract for a quantity of tobacco, shipped for George Town, in America, and consigned to • house at Bremen. The ship in the course of her voyage touched ■t an English port, and during the time she remained there the contract was made. The contract was made on the following terms :—The defendants were to take the cargo at the rate of 6Ss. lid. per cwt. The total amount of price was 11:4,0001. ; 37001, one fifth of the price, was to he paid on the Saturday following, and for the other four fifths the sellers were to look to their correspondents at Bremen, to whom the tobacco was con signed. It appears that the proceeds at Bremen did nut amount to the remaining four fifths of the price, and the plaintiffs sought to recover the deficiency of the defendants. The Jury found a verdict fur the plaintiff, and the following question was reserved for the consideration of the Court, namely, whether the defendants were responsible for the deficiency, or whether the payment of 31001. did not exonerate them from the pay ment of the remaining price. Mr. Marryatt contended upon the facts, that the loss ought to fall on the seller, and not the purchaser. The Enid Chief Justice—l had no doubt on this point at the trial. It appeared to me that a man scut a commodity at a spe cific price, and both knew it was going to a foreign market.— An agrminent was entered into between them, that if the com modity sold fur more than the price contracted fur, the buyer was t. base it. If it sold for less, the buyer was to make it good That was the construction I put on it, and I still think the layer ought to make good the deficiency. Jidges Bayley, Holroyd, and Best were of the same opinioe s ant.' the motion was refused. STANLEY V. DODD. The Solicitor GeneiiiiMOVedto set a s ide the verdict given in this case for the plaintiff, and to enter a non-suit. It was an action to recover penalties under the statute of the 55th of Geo. cap. 137, by which persons considered churchwardens and us erseera, mid guardians of the poor, are prohibited from serving the poor with provisions. The action was agaiust the defendant, for supplying the workhouse of St. Matthew, Bethnal-green, with milk. It was contended at the trial, that the defendant did nut come within the descript . of persons prohibited from siipplying the pour with provisions. The Solicitor-General was ready, lie said, to prove the defendant was neither church warden, overseer, or guardian of the poor, or any way con cerned in providing fur, or controuling the tidbits of the poor of the parish. His nevi situation depended upon the -onstruction the Court would put upon certain Meld acid regulating the parish of St. Matthew, Bethnal-green. These acts were the 3d of Geo. 111. and the 53d of Geo. 111. The provisions of toe dif ferent local acts were cited by the Solicitor-General, who con tended that the defendant, notwithstanding he might be a guardian of the pour under those acts, bad never attended any vestry meetings, or taken part in the parish business in a way that would make him subject to the action. The elefeudant bad merely attended parish dinners. he Lord Chief Justice read his notes of the evidence res pecting the part the defendant had take; in pariah business.— His Lordship read that pial or the testimony of one of the wit nesse. which stated, that the parish dinners were generally at raided by sixty persons, but it was difficult to get nine or ten vestrymen to attend to the parish business. He observed, that lie expressed at the trial his expectation that those dinners, which put the parish to a great ripener, would be discontinued. The Court, under all the circumstances, granted a rule to shew cause why a nonsuit should not Le entered. The Solicitor General then said, lie bad out pressed one ob jection which the case furnished. 'the 55th Geo. 111. cap. 12, set forth, that the supplies of provisions must be " for the sup port and in,inteilance of the poor of the parish." If the work house which the defendant supplied win; milk was out of the parish of St. Matthew, lietlanal-grern, the action could nut apply. Mr. Justice Bayley said, the statute meant the poor of the perish, and the Court could not say a woia.house out of the perish was iu.t within the operation of the act. 'I lie Solicitor General then gave up the last objection, and declared Ids intention to rely only in: the first. THE KING v. .101.1FVL. Mr. Sergi ant Pell slated, that this was a quo warrant° in formation, tried before Mr. Justice Burrough, at W nichester, milting on the defendant to show by what authority he exercised the (Alice of mayor of Peterstield ; a verdict bar log been gis en fur the defendant, the learned couusel moved fora rule to show cause why a verdict should nut be entered for the Crown.-- The issue was respertinc, the manner in which persons voted at the courts Peet. The defendant acted as steward of the 1111111. r. 011 the trial he, Mr. Sergeant Pell, contended the esidt nee of custom ass too slight to sustain the verdict for the defendant. The Jury found for the defendant under the direction of the Judge i and the Court was now moved limn A mistlii cation of THE NATIONAL REGISTER the Judge. Objection was taken on the trill to the return being made by the steward, the bailiff bein. , the proper person to make the return ; by that means the Cord of the Manor, having authority over the steward would exercise that influence which he would not possess over the The Court held that the steward of the manor, according to the customs of the court-leet in general, would necessarily no minate those who were to serve on a jury. Mr. Sergeant Pell contended, that a custom for 20 years was insufficient evidence to sustain the direction given to the Jory by the learned Judge. In the King and Bingham (2d East.) an objection was taken to the returning officer nominating the Jury. 11r. Justice Bayley.—lf the steward presided u Judge, he would have en opnrtunity of judging whether the bailiff bad chosen proper persons. The Court granted a rule to show cause. TUE KING G. WADDINGTON. The defendant. at the rising of the Court, presented himself to address the Court. The Lord ChiefJustioe.—We can not hear you now. Waddington—bly Lord, if you do not bear toe Bow it will be too late. Chief Justice.—What do you mean to move Waddingion.- 7 A new trivl. . . . . Cl~inf Justice—Theu Jou are not too late. More it another day. The Judges left the Court, and Waddington walked away. COURT OP COMMON PLEAS. MONDAY, Nov. 4. STEER/ V. HEATHEIELD AND ANOTHER. This was an action directed by the Vice Chancellor to try the •alidity of a petitioning creditor'7'debt, upon which a commis sion of bankruptcy was founded, against Mr. Holdiag, late a wine merchant, in the month of August, ls2l. In support of this petitioning creditor's debt, and the act of bankruptcy on the part of Holding, two witnesses were examined who deposed to the facts. _ _ Ou the other side it was contended at considerable length, that the petitioning creditor's debt was assi.med tor a collusive object ; because, when a former commission of bankrupt (afterwards superseded) was issuid against the saute party, the present petitioning creditor did not then claim to be a creditor upon the estate. The Jury fused a verdict in favour of the validity of the peti tioning creditor's debt, and consegnectly in support of the com mission. CORONER'S INQUEST. On Thursday night as inquest was held at the sign of the Black Si% au, in Berniondsey-street, on the body of Mr. James Kidd, formerly a sail-maker is Rochester, Kent, who had lately retired from business, and was iu very affluent circumstances. The lirst witness called was William Brown, • painter and glazier, who deposed that on Wednesday last, at about a quarter before one o'clock, he was sitting ley the fire-side in the shop of Mr. James, a hairdresser, of No. 154, Bermondsey street, and heard the door suddenly pushed open ; on taming round lie taw the deceased rush in, instantly snatch up a razor which lay on the window board on the right hand side, and without uttering • word to any person applied it to his throat and drew it across. The witness saw the blood gush from the wound, and immediately ran out of the shop for medical aid,— On his return with Dr. Bulled& the deceased was lying on his bark on the floor in the shop. lie was lifted up, but he ap peared to be quite dead. Joseph James deposed, that he lives at No. 151, 11.2rmond sey-street, and is a barber and hairdresser. Ile was sitting in his shop a. the time the deceased rushed in. The witness rose immediately fur the purpose of attending to him, but before be bad time to get across the shop the deceased hastily took up a razor, with which he instantly gave his throat a dreadful back handed gash. The witness immediately after the deed, aeized the fatal instrument from his hand. The blood issued in • strrum front the wound, and the witness caught him in his arms as he was falling, and laid him on a bench and Tall oll' for assistance. The deceased was in the last agonies on witness's return, and died a few minutes afterwards. The witness added, that his clothes were covered with blood whilst in the act of assistiog the deceased to the bench. Elizabeth Ward, a chambermaid at the Bricklayer's Arms. deposed, that on Tuesday night, about ten o'clock, the de ceased came to the house, and naked for a bed. lie went iiito the coffee-room, and some of the gentlemen present spoke to him, but he returned no answer, and appeared very strange— neither did lie call for any retreshineut. After sitting about ten minutes, be desired that be might be shown to big bed-room —the witness lighted him up stairs, and on the following morn ing about ten o'clock she YAW him standing at the head of the staircase with his body leaning over the banisters and his band up to his head. lie complained °flies Mg a headache, and asked if any person had been inquiring for him down stairs. lle then inquired what noise was that in the front of the house, and was answered that it was the bustle of the coaches coming to and leaving London. Ile desired the witness to walk into the room hz had slept in, saying, I bled a good deal iu the night on the pillow, but if you turn it up you will God some recoils pence for the trouble I have given you." The witness went into the room, and saw the pillow bloody, and underneath found a shilling. The pillow case Vl2/{ here produced, and ex hibited a quantity of blood, from which circumstance it ap peared that the unfortunate man had made an attempt on his life in the course of the night. In answer to a questmu (ruin the Coroner, the witness admitted the deceased looked very wild about the eyes, and appeared to he in a low desponding state. The deceased left the house soon after. The witness identified the boots now produced with the tops sprinkled with blood, as the pair worn at the Bricklayers' Anus by the de ceased. . _ Mr. Ilenry Robert Payne examined.—lle said that he had been acquainted with the deceased flout his childhood. The deceased had lived at Rochester, and bed 'lately retired from business on a set,, good property. There had been an estrange lIMA in the conduct of lite deceased for home time past, which was perceptible to many of his friends, hut they had no idea that it proceeded from insanity. The witness soon after the catastrophe of the late Marquis of Londonderry was in conver sation will' the deceased, the latter, in alluding to that event, remarked, that we were not our own keepers, and that we could sot tell how soon it might be the case with onrselt es."— The witness had a conversation with the deceased a few day,: ago, in which the latter spoke rationally, and In alluding to his property said, it was not at all embarrassed. The witnesa farther said that the deceased apt.eareo to he in a low du tirosid- Mg state since the death of his father, which took place about 12 months ago. Dowsed, a watchman of Rochester, deposed that on Tues day utorning hut, the tleceaied rimmed his window about five o'clock in the mottling mid called 111111. lie mnmed the street door, and dialled Ili, want.* to wahi 111 and search the lams:, 355 for he the (deceased) was certain that there were persons con cealed in his home. The witness looked about, bet could sea no one. The deceasest then took witness up stairs to Lis bed room, and said that coaches, SN LerlbArrews, serpents, crackers, and smi:pers, had been rosining aid chasing atter him all night long. He then listened, and asked witoess if he did mot bear groaning under the bed, and said, " Look, here are two beds, they mean to smother we." lye then led witness out into the yard, and made him starch all over tbe outhouses, frequently exclaiming, " I know there are people congealed." lie begged of witness to remain with him until day-light, and witness left him about balfpast six o'clock. The Coroner maimed up the evident's), and observed, that it was evident the deceased bad laboured under a deranged intel lect at the time of his death. The Jury immediately returned a verdict of liumnity. BREACH OF PROMISE OF MARRIAGE. In the Court of Castle ILithen, the Isle of Man, osa the 9th ult. an action was brought by Miss Ritchie. daughter of the late Captain Ritchie, of the East India Company's naval service, against Lieut. Blued, Royal Navy, fur a breach of promise of marriage. When the father of plaintiff, Capt. Ritchie, last left India, he intended to return, and therefore he did not take that pains in arranging his affairs that he should beiv.- dune; tile consequence was, as is too often the case. his pro perty was deAroyed by those whose care he kit it hi.— Illness prevented his return; and ai his death l'ae plain tiff, and a very delicate young man, her br,dl). r, hound themselves fielterless, and almost penityless. Expecting to leave his children in a i uence, lie spared oohing on their education ; and the plaintiff in her seventeenth year, found herself excluded by her circumstances from that walk of life of wh.cli her accomplishments qualified her to he an ortiairsent. In Novendier„ 181$, the de fendant met the plaintiff at Me house of his aunt, and an intimacy was thereupon formed. lie was then a Lieutenant in the Navy on ball-pay; but lie had Sallie time prevtously (as Mr. Barryinore) travelled tb.rouglt the sevtral gradations of a player's life. front a country stroller up to a secontbrate performer. From the time of the first intimacy taking place, the defendant was in the practice of engaging Miss Ritchie in parties with his family in various public places. Oti all those occasions Miss Ritchie paid for the party ; the defendant came to attend the young lady, and received her purse; he at tended her house at night, and, in parting, returned it v. so that he hail all the appearance of a gallant and liberal lover, when in fact he was sucking the last shilling from the UIIII/flunate and innocent girl, who had too much the feelings of a gentlew ttttt ah to regret the money, and too little knowledge of the world to know that this con duct was any thing extraordinary. This system of plun der continued trout the end of December till diet gth of June, at which time he had reduced the young lady's propery to 1301. He was all this time full of love and ardour, vowing eternal fidelity, and made a promise to marry like IM3IIIOI in Sep;entlier. But, finding this time approaching, he instantly changed his plan, to evade an cugagetnent he never intended to fulfil. The plaintiff, an excellent pernirmer on the piano -forte, and ready to work for her Dread, and the bread of her worthless lover, is peisitatled to 1. - ansport herself to Ireland, to learn niti. sic according to the system of Logier, wincii was then taught tht!ie by a 111.111 01 the name of Bluet. The de fendant, in the name 01 Miss Itheille . * brother, who, from a complaint iii Isis eyes, could not on,. curries on 3 correspondence vied' Bluet in 1)i. a . •.- • • inquire lion 131 net's character, dila plaintiff go to Dublin, and p..y title nn... • . a , eiiehteen mouth.; instructi o n mid," Mai t.af • 11**111 . 0. tessed purpose of marrying the defendant. anti v..a.kinig as a muse toisueaa lor hi, Latham. a t,....,, all this to his satisfoc;itni, iv: then she had better set off early in Jude, as ivy was :nue .se would nearly have exhausted ter y, and kit her barely sufficient to pay her hundred gum, to lie pursued this hlS4faCel . lll course 11.11.4 at he deserted the plainiid, and becomt-s Isle fancy mama a prostitute—one who lives with a woman of irvuv, and sutlers huusell to be supported by tier on the earnings of her prostitution with other lovers, on whose admission to her presence he retires. This discovery was wade by die .tiot 01 the who went to the theatre, and titer, saw the deiviulatit and the woman together. Counsel made a speech in defence, but called nu wit. nesses. Verdict —Damages 5001. and all costs. On Friday lent an inquest was held at the Dandee Arius, Bethnal-green, by \I r. Unwiti, coroner, out the body of an tenant named Mary Jones. It appeared from the e‘ittetice that the deceased, whoie laying asleep its bed, had been s cry incautiously lett there, in turned up with the bed, by which she was suffocated. The Jury, alter annuls ming Ter) sestrelv nit the conduct of tile parent of the could, rtturned a serdict of—Acciden al death. A young woman, of the name of Sarah Heinen, has been committed to Appleby gaol for trial on her own ciintession, for ha‘ mg unordered her liete.hurn infant. by carrying it across a field to a small ri‘illet, where she strangled the helplers innocent, and held it multi the water until it was quite dead. The body was attetwarils imin I iii the Will( r atiout 100 yards !torn the place WigCre it was lliiirdercd Ly its mother. ACCIDI.NT roof( FIRE.VIORILS.—Between one and two o'clock on 'Monday after soon a young man alike name ni Freeman, a lodger in the house of Mr. Leatea, 11, Pellinni street, Uricle-lane, Spite Melds, umling some atioiba ai.d other lire•works, held a paper of guilpom,Jer braid, wallet with the other lw went to throw souse loos: powder Mtn the lire. The sudden flash communicated with the powder in Iris hand, which exploded ; firs face Dud eyes ten 1.. censeyu: oce shockingly burned, and it is feared ies, the siglit of both Ins eyes; his hair was burnt, cis! aim ehockingly maimed ; be w.s immediately cat tied to tile Lorielna hi spiral. apprentice to Mr. Duribald, paeneeroker. Mariner-o.feet, S ttttt eistoven. met wilts a similar accident in making fire-works a kw (hip, ago, on which oc,:a e ion the house had a very narrow escape from tieing set on lire, the shop•wiinities being blown 10 pieces, nod severed of the pledges destroy ed. 'nig II