The National Register. — London, England, 1821-08-12 00:00:00

v 54 THE gOgtir 2lntettiornte; 11 ERT FO RD. FRIDAY, AUG. 3. sloarits V. DAMIEN, CLERIC. This was an action against the Rev. Artnit. Ganssen, rector of the palish of l'eleesden, near Buntingford, a magistrate of this county, for causing the plaintiff, a respectable farmer of A ustey, to be apprehended without any reasonable or probable cause, and conveyed in iron manacles and handcuffs to the defendant's house, and for unlawfully imprisoning him for the space of four hours. The defendant pleaded the general issue—riot guilty. This case excited very general interest. Marryatt (with whom were Mt. Andrews and Mr Abraham) stated the plaintiff's case as one of great hardship and oppression. The plaintiff was a respectable farmer, of established morals and reputation. The defendant was a young clergyman of the church of -England, and had recently been put into the commission of the peace. On the Bth of May last, the plaintiff and sonic of his friends, respectable and wealthy farmers, 'Snail ailinsing themselves in shooting young rook s •on his farm. It was agreed, that the next day they should meet at the Bell puklic-house in the village ii Ansley to divide the fruits of their sport. They were perfeei ly orderly iu their conduct, and were quite sober. About three o'clock in the afternoon the defendant came to the pithlic-house, and ordered the landlord not to draw any more beer. This was a matter about which the plaintiff was perfectly indifferent. The defendant then sent:for a constable and charged the plaintiff in custody, and ordered handcuffs to be put upon him. l'he con stable, not being very expert at the business, the de fendant took the handcutla and put them on the plaintiff himself; and, being fastened to a person named %V heeler, sew, in that state, dragged to the defendant's rectory at Itleesden, about two miles distant. At this time the plaintiff was utterly ignorant of the offence for which Ste was so treated. He was, however, sent to the rec tory, and there confirmed until the defendant's arrival, about two hours afterwards. The defendant had token the key of the handcuffs with him, and in the mean time went about the neighbourhood boasting that he had got the plaintiff in handcuffs. In this ignominious et rte the plaintiff was kept an hour at the defendant's house, before he could be freed. In the outset of the ease he should not apply those epithets to the defendant's conduct, which the circumstances of the case would seem to warrant; but he would venture to say, that never was there more ignorance evinced by a magistrate in these dominions, in the administration of the King's commission, under the colour of authority. The facts as stated by the learned counsel, were fully ' proved in evidence. Mr. Baron Wood charged the Jury that the defend ant had certainly outstepped the limits of his authority. First, there was no pretence for handcuffing the plaintiff; second, he had no authority for punishing the plaintid in the way complained of as a tipler, he could only have fined him 3s. 4d.; and, in default of paying that floe, hr could but have set him in the stocks for four hours.— !Probably the excess of authority arose merely from igno rance, and without any malicious motives. The plain tiff', however, was entitled to some damages for the in jury lie had sustained. The jury, which was composed of four esquires and eight talesmen ' after deliberating for about tett minutes, found their verdict for the plainta—Damages, 301. ESSEX. CMELMSFORD,AUGUIT 7.—The Summer Assiaes for this county commenced here to-day, before the Hon. Mr. Baron Wood in the Crown Court, and the llou. Mr..lustice Barron!' in the Civil Court. In the former Court the •Calendar contains 58 eases only ; and in the latter the entry of causes amonnts to but 16, a number infinitely less than has been known for many years at the Assizes fur this County. CIVIL SIDE. CARROLL e. NELSON AND ANOTHER. This was an action on the case against the defendants, who are the proprietors of t‘ The Times" light coach from stolchester to London, for the negligent driving of their servant, whereby the coach was upset, and the plaintiff, au outside passenger, had one of his legs broken, and the uncle of the same leg dislocated. Mr. Gurney and Mr. Andrews conducted the plaintiff's case, and Mr. Marvin and Mr. Watford the defendant s . The facts proved were th ese!—The plaintiff, who is a carpenter by business, residing at Bethnal Green, had taken an outside place on the Times coach on the fifth of December last at Colchester ; for the purpose of coming to Lndon. The coach come with safety as far as Ilford, at its usual rate of nine miles an hour, including stop pages. In coining down the hill at Clock House, at B lind, the near leader started, and all the horses set off at a lei - ions rate. The coachman gave his whip to the pas senger 011 the box, and with both hands tried with all his vigour to pull in the horses ; but its the effort the coach was upset in the loot-path with a tremendous crash. 'I he plaintiff, in endeavouring to save himself from harm, jumped off the tool and sustained the damage slated in the declaration. With ass:stance lie was conveyed to a neighbouring house, and totem aids carried in a post chaise to his lodgings at Bethnal GI ecu. For seven weeks lie was confined to his bed, and at the expiration of that time he was removed for the benefit of country air to Ilford, where lie resided until very lately. His siugeon's bill amounted to 54. His espences for nursing, &c. in cident to his misfortune, came to G7l. He was stated to be a young man of V 5 years of age, to have lost the use of his hash, and likely to be a clippie fur life. Oa the part of the defendants, it st as proved that their coachman, named Godbold, was a careful, steady, and attentive main; that no bintil iraccident had ever happened to the coach dieting a went number of yeats of its tra• veiling that toad ; that tin the day in question, in coinitig down Ilford bill, ot.e of the horses took fright at s 11P01!, of ashes which had been collected on the snow with It then coveted the foot-path, and also iu consequence of the splendour of the sun shining UpOD sonic lieu!) Hater iu the middle of the road ; that the coachman did every thing a man could do under such circumstances to prevent accident, but the herself became iminanagenble, broke their traces. and ran back the road whereof they came severe! !ravine the coaeli which in the < defendant would have tin opportunity of correcting hisjudr ment in the Court of King's Bench, and with that view he would reserve the question, in order that the point might be finally settled. The Jury expressed great reluctance in finding a verdict for the plaintiff; but in deference to his Lordship's opinion, in point of law, they felt themselves bound to And a verdict fur the plaleitiff.—Pennlty 51. The htt•ine's On this side finished to day, at twelve o'clock. la the crown court there was nothing worth mentioning. YORK. AVIIIIST B.—Mr. Justice Rayly went to the Guildhall at nine o'clock this morning, and charged the city Grand Jury. In the comae of half an hour the Grand Jury returned true bills against the two prisoners in the calendar, and the court Immediately proceeded to their trial. FoßClaay.—Mr. Pollock opened the ease, and Mr. Sin. clair, the Recorder of York stated the circumstances to the Jury.—Richard Young, a private in the 19th lancers, had, on the sth of May last, culled at the banking 'Ace of Messrs. Wilson, Tweedy, and Co. and stated that Mijor Skelton, his commanding olli er, was unable to leave his room in consequence of a fall he lord had from his horse, and wished an order to be drawn ui Messrs. Greenwood, Cux, and Co, in London, for 301. and to be sent to him for signature, This was done, and the prisoner returned in about half ne hour with " 11. Skelton" signed to the order. The mosey was paid to the prisoner. Messrs. Greenwood, Cox, nail Co. refused to honour the order nu the ground of forgery.— The prisoner nag npprehendecl in Leeds, when be confessed the forgery. The prisoner was acquitted upon the indict ment, because the final letter in the signature appeared to he ru, and not n, as charged ill the indictment. ADMINISTERING Dimas TO AN ENCEINTE FEMALE. CHELMSFORD, Aun. 9.—Rubin Collins, a young man of respectable appearance, and good education, was in. dieted under the late Lord Ellenborongli's Act, 43 Geo. 111. c. 58, s. 2, for wilfully and maliciously administering to H; • h Stammers, single woman, six ounces of certain medicines and drugs, in ostler, and with intent to procure premature parturition of a fmtus, of which she was preg. rant by the prisoner. There were four other counts, varying the description of the drugs administered to the prosecutrix, successively calling them medicines, drugs, substances, steel pills, and pills. The words of the statute upon which the indictment was framed arc—" If any person or persons shall wilfully and maliciously administer to, or cease to be administered to, or taken by any woman, any medicines, drug, or other substance or thing whatsoever, or shall use or employ, or cause or procure to be used or employed, any instrument or other means whatsoever, with intent thereby to cause or procure the miscarriage of any woman Dot being, or not being proved to he quick with child at the tints of administering such things or using such means, that then, and In every such case the person or persons so offending, their councillois, alders, and abetters, knowing of and privy to such offence, shall be, and are hereby declared to be, guilty of felony, and shall be liable to be fined, hue prisoned, set in and upon the pillory, publicly or privately whipped, or to sutler one or more of the said punishments., or to be transported beyond the seas for any term not ceeding fourteen years, at the discretion of the Court before which such offender shall be tried and convicted.* This case excited very general interest, from its extra ordinary and unusual character. Mr. Brodrick contlected the prosecution. and Messrs. Wallord and Adolphus the defence. The circumstances opened for the prosecution were these s—The prisoner was the son of very humble parents at Witham, in this county, his father being a journeyman shoemaker in that town. Notwithstanding his I lily of parentage, he had acquired an education far above bis station. He had made some progress in classical attains metals, and front his acuteness and promise of talent he had raised himself to be clerk, or writer, iu the office of Mr. Pattison, a respectable solicitor in his native town, where lie had been a diligent and meritorious servant for seven years, and at the time of this transaction bad at tained the age of 21. The prosecutrix, a young woman of extremely modest and correct deportment, far above her station in point of intellect and manners, was a do mestic servant in Mr.Pattison's family. During an absence of Mr. Paulson and his family from home iu the autumn of last year, the prisoner and the prosecutrix were left exposed to each other's company. The prisoner formed an attachment for was mutual, and lie promised her marriage. No criminality appeared to have taken place in Mr. Pattistas house. The prosecutt ix left her master's house, and went to live shortly afterwards lu the service of Mrs. Watson, in the same town. In the interval between her quitting Mr. Pattison's and going to her new plate, the prisoner accomplished the ruin of the unhappy girl at his father's lodgings. This was in the month of November. She went to her new place, and about the month of January she proved with child. She communi cated this cii etaisistance to the prisoner, who, in his [Merl to her down to the month of February, addressed her in the grainiest terms of affection and tenderness, always concluding his epistle by subscribing himself" her attite- Outlaw and faithful husband." Shortly after the prisoner had discovered that the unhappy girl was pregnant, lie sent her a quantity of pennyroyal, accompanied by the following hitter:— " My dearest Hannah,—Herewith you will receive a small portion of a most excellent remedy fur the tooth ache, prescribed by the famous Dr. Solomon, in his ' , Wide to Health.' fo satisfy you that it is the prescription, and not :nine, I w ill 4inote his win 11.. Ile says—" It is (the tooth ache; slow temoved, by dipping a hit of cotton into the Col lil.ll nallll of Gilead, some of which I hap• peuril to be in pusiie:oitni of; 1 hope you will apply it int* mediately, and find a speedy relief tium 111s1 tremendous pain. As the time for the othei matter is fast approach ing, I advise you by all means to be prepared with the tea of pennyroyal, it being a most effectual remedy to hinder the course of things. The tooth ;whit is a sure symptom of avs union being in that way. 'Dais is the opi nion of all the profession. Floo ever, if you apply your settled, - in time, there is mu ilatior tin lerr. Do you think you shall be able to spend an hour with toe next Suede, evening. I shall remain at Witham throughout the day, :mew 'hog to the arraii4enients 1 have made. I have two or ilitee things which I wish to talk over wills you, as well as chew you. They are not of an alarming nature. therefore Mat he feat fill of any thiiig of that sort. It is quite I think, what you will like to see. I will is not likely have the opportunity of seeing you again before Sunday, and then you can inform me whether you think your old lodge will permit you to COllll. on Sunday, wise, others wise, and ti yon have any Gino; important to expel++, run caw Wl . lll' to me, and leave it at Mts. Cotton's, fa shock was upset; that the accident sustained by the plain tiff' arose in a great measure from his own imprudence in jumplug off the coach in its fall, instead of keeping his place as the other passengers (lid, who sustained no damage whatever. It was stated tut the behalf of limo defendants, that they had offered a liberal compensation to the plaintiff in consideration of his moderate circum stances, bat without prejudice to the question of their legal liability, it being contended, that though they were answerable for the careles , ness and negligence of their servant, or for any accident in default of providing a safe conveyance. they were not liable for the casualiiv which occasioned the injury which happened to the plaintiff. A negoeiation took place between the Counsel on both sides, before the defendant's case was closed, and under the circumstances proved, it was agreed to withdraw a juror, by %%Well the result i , , that each party pays his own costs. Stay MAN V. CORDBR. This was an /lethl by the indorsee against the acceptor of n hill of exchange for ISM. drawn by One Mayhew. The case excited considerable interest from the nature of the defence set tip by the defendant. On the part attic plaintiff the usual prima facie case of hand writing, piesentment, and dishonour, aas proved, and in fact ;Omit ted by ilia defendant. The defence Set up on the part of the defendant was, that lie hail been completely swi n dled out of the acceptance, with whit hhe airs now attempted to he charged, ler the follownie rirc 1111 l stauces r•--Persolis of the names of Gibson and Fumm hail employed the di fendaut, %ilia is a respectable contractor in Mark•lane, nail one of the Society of Friends, to sell a parcel of barley, consisting of 94 quarters, an order for the delivery of a hich had been originally given to the former for the same purpose by a person of the name of Mayhew. 'the latter had had dealings with Messrs. Wood ley's in the corn trade, hut they hail refused to give him credit without the guarantee of the plaintiff, for such transactions as they might have a itli him; and it appeared that the plaintiff had given a guarantee to the extern of SOW. The coin in question had been the property of Mayhew, and at the time of this transaction he was under engagement to Messrs. Woodley's beyond the amount of the guarantee, and in order to recover themselves, they were desirous of getting possession of the curn, as they were promised they al Id do by Maybe w. It appeared, howeveroliat Mayhew, being desirous of turtling the corn into cash, had employed Messrs. blitison and Foram to sell it, and accordingly gave them an order for delivery upon the captain of the ship in which it had arrived. Messrs. Gibson and Imnm, in their turn, having succeeded the defendant in his business on the corn exchange, requested him to dispose of it on their behalf in the usual course of business. In the mean time, before the corn was actually disposed of, the plaintiff and Mayhew en deavoured to prevail upon Gibson and loom to accept a bill on account of the expected proceeds. This they declined doing, as it was out of the ordinary course of business. The plaintiff then, in concert with Mayhew, made a similar upplicativa to the defendant, and the bill of exchange in questi 111 l was actually drawn and presented to him for ac ceptance. At first he refused, saying lit was only an agent, and objecting to the form of the bill, that it was not drawn on account of the corn which Messrs. Gibson and Fomm were employed to sell, The bill oas Ikea taken away, nod the tones of Gibson and Fomm introduced into it, and in the result the defendant was prevailed upon to accept it, upon positive assurance that the corn should be delivered to the order originally given in favour of Gibson and Emma. These circumstances having reached the knowledge of Messrs. Woudley's, who had expected that the corn would be de livered to them as a security tar the advances they were tinder to Mayhew, they become incensed and called upou the pl • and Mayhew to account for the deception which they complained had been practised upon them. The plain tiff and Mayhew excused themselves by saying, that it was too late to recall what had been done ; that an order for the delivery of the corn had been given to Messrs. Gibson and Yuma, and that the defendant had actually accepted a bill of exchange la anticipation of the proceeds. Messrs. Woodley's, however, complained that they hail been swindled, and one of the brothers said lie should not leave the home where the parties net until they performed their engagement with him Upon this the plaintiff and Mayhew retired from the counting-house for a few minutes, and on their return gave Woodleys au order alma the captain, to deliver to theist the corn in qtasstiou, and at the foot of it they recognized the previous order, given to Gibson and Fromm; but countermanded it, inflaming the captain, that he was not to deliver the corn to the former order. It was stated, that the very next day Mayhew had drowned himself and in fact lii, body was found iii the River Thames. Not with,tancling the circumstances above disclosed, the plain tiff, to whom the hill had been indorsed by Mayhew, now brought the present action against the defendant upon his I acceptance. As soon as the facts above stated were proved in evidence, the learned Judge asked Mr. Gurney, shat he would choose to du in the case. Mr. Gut my said, he would be nonsuited, and his client was nonsuited accordingly. Nothing of public interest look place in the crown cowl. HAYWARD, MS4. tarn O. HORNER. CHELMSFORD, AUG. B.—This was an acti 111 l upon the statute of Anne, against the defendant, to recover a penalty of M. fur keeping a dog for the purpose of killing game, not being duly qualified. The plaintitl 's ease was conducted by Mr. filarryatt and Mr. Jessep, and the defendant's by Mr. Gurney and Mr. Citify. The plaintiff was stated to be a gentleman of landed pro perly at linseed, in this county, and the defendant a cunsi • derable landholder in his neighbourhood, in the parish of Helton liiimsted. Thu facts proved against the defendant were, that he kept a setter bitch, and two puppy pointers in his house. The question oils, whether the defendant was liable in a permit) for keeping a dug for the purpose of kill ing game. Mr. Gurney, for the defendant, submitted, that this was cleanly not a case within the statute. Tu bring the defendant cs ithiti the it must 1w clearly Shea a that lie kept the dog is oh the intent to kill game. Mr. Justice Burrough ex piessed extreme regret that this action had been brun g lii by at gentleman, described as a man o f f or tune acid 'l apel lability, befall..e lie thought it one of the hardest that ever came ill his Lima ledge ; but lie am hinted is tell the jury, (list a man as Ito kept a sporting dog, though theleasits no proof of his hosing actually used it to des/toy game si u.. liable to a penalty. The same ohsei vat thin would nut apply to the keeping of a gull, because a gun is necessary to the defence of a man's house.— But there is no occasiiiii fur a man keeping a sporting dog for that purpose. A common house dog would answer the übjcet evally wsli. If he act is w o g iii his ruling, the