The National Register. — London, England, 1817-11-30 00:00:00

Tilt NATIONAL REGISTER' LAW INTELLIGENCE. GOURT OF KING'S BENCH, MONDAY, N0v.24. THE PING ♦. JOHN CHURCH. The defendant was found guilty at the last assizes before Lord Ellenborough of an abominable assault upon a lad stained Adam Foreman. Mr. Marryat moved for the judg. silent of the Court upon him, and he was accordingly placed upon the floor by the tipstaff : he bowed to their lordships, and seemed to endeavour to conceal his face by hanging down hi. head. Lord Ellenbormigh read his notes of the evidence at the trial. front which it appeared that the defendant had been a popular Baptist preacher, attended by atarge congregation at his chapel in St. George's Fields. his impossible to enter into the details of the case. The following copy of a letter was given in evidence, written by the defendant to a lady who had seceded from his congregation in consequence of the charge : " Dear Mrs. Hunter.—My heart is already but too much affected—your letter only adds to my affliction. But I for bear to enter upon the painful subject, nor do I wish to speak to any friend. Pardon toe, I make no remarks upon the subject, though I am able to contradict three things charged against me. Mr. Patrick I dearly loved, but why should he hurt a poor family already but too much distressed They are good and holy, and God will rewara them, but he will deal cruelly by those who wish to persecute me. lam truly sorry to lose you as a hearer, as your soul has been blessed, and you know the glory of the Spirit and the love of Jeans: may he still keep and preserve you—farewell, my dear kind friend—the t.ord Jesus reward you for all yoitr goodness : God is not unjust to those who labour in his vine yard of grace : be shall give Irs glory and happiness, and unite us in that heavenly state when sin and death shall part us no more. I need not remind yon, that lam a child of a peculiar providence; if God be pleased to visit me for my offences, he will correct me with his own hands, and willptinish every other who shall attempt to assume his office. Accept the best wishes of a heart siucere,' &c. The reading of the report having been concluded, the de fendant put in an affidavit, in which he complained of the great industry employed by his enemies to publish his dis grace and conviction. On the 17th of August, the day after the trial, large placards were posted in all parts of the town, Stating the offeace of the infamous John Church, the preacher of St. George's-fields, and it was followed by an advertise ment of the trial taken in short-hand, with a preface aggra vating the crime to the utmost. Soon afterwards a pam phlet appea tot, purporting to be an account of the infamous preacher John Church, and a second with the title of " The Devil and Parson Church, or Birds of a Feather." The utmost exertion bad been used in the dissemination of these libels: they were sold at low prices, and went through many edtions. The affidavit further stated, that the deponent was a married man, with a family of children, his wife keeping a school at Hammersmith, were 30 young and respectable ladies were educated; and on the 31st of August, Mrs. Church received an anonymous letter in these terms. " It you have any respect tor the children under your care re. !wive them from the house they are now in, that they may not be present at the punishment ofyotir Jiiishand." A few even ings afterwards agree' number el persons assembled round the defendant's boast; he in consequence was oblig, d to leave Hammersmith, and from that time to the µresent, he stated, that every possible means had been used to draw down upon him the (ahem and indignation of the pnidie. He prayed, the, efore, that the Court would take these sufferings into con. sideration in passing sentence. The defendant was asked whether he smployed any Coun sel ; hut he answered in the negative : lie tabu declined saying any thing in his own behalf. Mr. :Slarryat addressed the Celia on behalf of the prose cution. Their Lordships consulted together for some minutes; after which Mr. Justice Bayley pronounced the sentence of the Court, which a as, the prisoner will be imprisoned in the county' gaol of Sunny for two years, and that, at the expi ration of that period ; lie give security for his good behaviour, himsell in 3001. and two sufficient sureties in 2001. each, and that lie be imprisoned until Weil security be given. The tietendaut bowed very lowly, and left the Court in cus tody. WEIJINLiDAY, N0v.24. 1110hOPOLY OF 011...--CRIMINAI. INFORMATION. Mr. Searlett moved, that a criminal information be filed against two gentlemen of the names of Herman Gerard Hit bers and iteplieo ider,by, on the ground, that they were cu_ Raged in a conspiracy, by illegal means, to raise the price of whale oil. More than oue n itvidual had already suffered the punishment of the law for an offence of a similar kind in regard to oilier species of merchandise, and the affidavits Sow produced, distinctly biouglit home the charge to both the persons above named. It appeared that their object fur the last two or three months had been to get into their hands al , the whalo.oil in the kingdom, or to persuade those who would not sell to them to hold the commodity until the value in the market had been aognientcd riuto the usual average of 801. or 401. per tuu to 601. or 701. per tun. 'rite Court was aware that Lim summary application had been previously re. cognized in the case of the King v. Waddington, the pies. Lion there arising whether hops, the at tick engrosssd, were or were not a victual. Lord Ellenboroligh.--" There waa a prior case of an agree ment to raise the price of coals." Mr.Mcnrlett observed, that in the King, v. Waddington the subject had l/eOll notch discussed ; rod in the result it was dc cadet' th it the crime was not eoafined to victuals, lon that at conionto law, the rug? ossing of env article of genii al 'bawl... , and ronsioniition was an offence. Lind Kenyou had held mat hops were a victual, but that circumstances had determined the case. The affidavits in the present in stance stated that the purchases of Hilhers and Cleasby had already been so considerable, that they had obtained pos session of nice tenths of the whole quantity of whale oil in the country. They first applied to the Monumentality of Mr. Cleasby, who, it was sworn, had strongly recommended to one of the deponents to retain some oil he would nut sell, stating, that he would soon he able to dispose of it at a very advitnetd price ; and when the del lit objected that the speculation ought not De ultimately beneficial, as the rise in tie market would pieveni the exportatton, itleasby replied ( a nd his rIII!%el dt.clo , cd the whole tieciet of the ',Hu ec o, that it be and Hauer% (lonia sill hlll halt the tiltatillit they held at the price 111 who h tli.y should raise oil, they tuuld to let the other halt run .11 the sea. . .1 I Eliouu froii;tit. —" Ili—. you •' J where the • ha . 1 ,.., 1 4,j uu IIII"ruiitioo iu constryiitliceot it coll o I ALM the ;nice or AU al tb deal i ) not a vlrl u d i.• • tett tclerred to tile King v. Waddington ; it thoic happened, that an article was deemed a victdal, but the de cision of the Court was general, that it was an offence at common law to engross any article of general consumption, for the purpose of raising the value of it. Oil was a must important commodity ; it was used in families from the high est to the lowest in all parts of the kingdom ; and if the scheme of these speculators, or more properly conspirators, answered, there was not a contractor in the whole realm who would not be ruined." In answer to a question from the Court, Mr. Scarlett added, that in the King v. Waddington, the first trial did not em brace any before-hand bargain ; for that the defendant was fined 5001. but the second, before Lord Kenyon, at Guildhall, did include it, and the defendant being convicted generally, was fined 5001. and imprisoned for 3 months ; all the par ticulars were detailed in t East, 167, Lord Ellenborough was at that time counsel for the defendant. The question whether bops were or were not a victual, was under scat. I and 3 Edw. VI. repealed by a bill brought in by Mr. Burke in 19 Geo. ' 11l • so that any device of this port to enhance the price of any generally merchantable commodity was left to the com mon law punishment. Lord Ellenborough.—" Cleasby is, I believe a hroker." Mr. Scarlett.—" He is a •hroker, but on these affidavits lie appears to be a party otherwise interested in the event of this contrivance. Cleashy and Hilbers are not general partners in this instance all the purchases seeni to have been made jointly. It is also sworn that besides the very large stock of nil in their hands, they have entered into contracts withithe owners of ships still at sea, for whole cargoes, so as to keep the market up for a lung time ; and they have also purchased all the pilchard oil of Devon, in Cornwall, which ordinarily sells at 251. per tun, at the rate of 401. per ton, iii order that the public may nut obtain any substitute for whale oil, and may be compelled to buy of them at the prices they shall dictate." . _ ...... Mr. Justice Bayley.--" Are there no instances stated in which these persons have endeavintred to prevent other dealers from bringing their oil to market ?" Mr. Scarlett answered in the affirmative ; but this part of the charge most particularly applied to Mr. Hilbert. Although the affidavits did nut contain any positive declarations on his part, heard by the very persons deposing, yet the evidence was still so satisfactory as to leave no doubt upon the sub ject. Persons interested in defeating t h is system, hearing that Hilbert had been at Hull, dispatched their attorney, Mr. Knight, thither ;and he discovered that all the dealers in oil had been collected at a meeting, whei e Hilbert had told them, that it they would follow his example and advice they would be able to bring the quantity remaining in their hands to a very advantageous market. How 111411 y persons were present did not appear, bin Hilbert proposed to them a con tract for purchasing one half of all their new whale oil, at 391. per tun (the average price being then only 351.), stipu lating on his part that he would not sell airy oil in that town before the Ist of Dec. at less than 561. per tun, and they on their part 3CFCCiIIg not to sell any at a less price than 451. per tun. Hilbers also undertook to purchase at 441. all the whale oil remaining on their hands on the lst Dee, This was the nature of the engagement, though Mr. Knight could not persuade any of the parties who had entered into it to make affidavit, lest they shonid be considered parties to the crimi nality. A Mr. Jones, however, who was well acquainted with the oil trade, hail distiactly sworn to his knowledge, that Hilbert did enter into large contracts at Hull and other out-ports, to purchase oil for the purpose of augmenting the • price to 601. per tun; and cenversations were sworn to with Cleasby, on 'Change, who asserted that be and Hinters had engaged for ROO tuns in London, and declared with au oath. that their object was to augment the value to 701. per ton. They had already su fm succeeded as to force the market to 631. per tun. Lord Ellenborough—" To what ports do the ships engaged in the South sea fishery come . . Mr. Scarlet.—•• 1 believe they nre confined chiefly to Lon don, and the Greenlandtnett go to Hull." . . Mr. Justice Briley.—" Some of the ;hips put into Poole, and some to Whitby, but they a►e comparatively a very small number. A great majority of the Greelantkmen go to Holl." M.Scarlett continued.--The great object of the devisers and executors of this scheme was to make their purchases in the winter, and the contracts for lighting the lamps of the different parishes of the metropolis, and in the principal towns in the country, having been made in tlie summer, when oil was comparatively cheap. inevitable ruin must await the contractors, and the article must be had at any price these parties think tit to put upon it. Lord Ellenborcingli.—" Has not gas, in a good measure, li mited the use of oil Alt. Searlett.—" I hope that it soon will supersede it ; lint at present the expense of gas is rather higher than that of Lord Ellenhorongh.—" Have you any affidavit to show the extent to which this system has been carried already f" Mr. Scat kit said, that in October, Cleasby had declared that he and Hillicis had engrossed nine tenths of the oil of the kingdom; adding, with an oath, that the London merchants should he obliged to come to them at any price. Among other documents, the learned Counsel was provided with a letter, written by Cleasby to a party who, it should seem, had refused to fultil one of the contracts made by Hitheis with him : it was dated the 31st Oct., in which Cie:ashy observed, " I have seen Mr, Hilbets, as your Mr. H-- wished, on 'Change: ; he will not listen to any thing but your fulfilling the contract by delivering the oil, or paving the difference to him of 1101. per tun, at which it was sold this evening ; he will not receive any deficiency at less than 631., though he would rather have the oil itself; ace°, ding to the contrast. If an answer be not seut to-marrow looming, this will not be binding, and he will insist upon 631. per tun." Mr. Scar lett submitted, in conclusion, that the case was as strong as it could possibly be against Cleasby, and that no specific declarations by Hilbers were sworn to, his positive acts spoke fur themselves, and were sufficient evidence of his LOrd Ellenborough.—" Take a rule to show cause." THE KING V. T. J. WOOLEN. Thursday.--In the Court of King's Bench, thr Attorney General addressed the Court in opposition to a rule obtained by the defendant, to show cause vs by the list of persons Ham ed by his Majesty's Cot otter and Attorney to form thr jury on the trial of this information sbotelg not be cancelled, on the mound that such persons have been innproptnly,il egally and pat natty selected ; and 'shy the Sheriffs of tbe illy of Loudon should not again attend his Maji sty's Coroner, mat a nen list may be prepared. The leas fill Gentleman now prnilne cil 4 courier affidavit, from C. 11. Loshington, F-sq. the King's Co,Cou.uer, refuting the circumstances on nlllOlllll. charges of the defendant Were pounded, I s.pluitting the usual pi attire of nominating juries, and denying that he had varied that Iractice, bye NOV. SO. five than a desire to discharge faithfully the duties of his office. Three other affidavits were read to the same effect. The Attorney General then addressed the Court in support of the affidavits, and was followed by Mr. Vl'ooler in support of the rule, in which he strongly protested against the Master of the Crown Office being allowed to name the jurors; if the officer of the minister could name and call out the jury to try an offender who was prosecuted by the servant of the minis ter, it would, he said, in fact be nothing more nor less than enabling the minister to sit in judgment in his own cause. Lord Ellenborough said, that such was the law, and after the Judges bad each given their opinion against the rule, it was ordered to be discharged.—ln the case of the King v. Hone, the defendant made a similar application for a like rule, but the Court refused it on hearing his affidavits. TUESDAY. Ihssenzstons Ltart.s.—The Attorney General prayed the • judgment of the Court on J. Williams, a bookseller, residing at Portsea, for printing and publishing a certain scandalous wicked and profane libel, tending to bring the Christian reli gion into contempt, called a " Parody on the Litany." The defendant had suffered judgment to go by default, and now appeared to receive the judgment (dale Court. He was ask ed if he desired to have the libel read, when he answered that he did not. The affidavit of the defendant was then put in and read, expressing his contrition for the offence of which he had un willingly and unintentionally been guilty.—The affidavit of five individuals were put in, all bearing testimony to the ge neral good conduct and character of the defendant. 'l9le Attorney General having been heard in support of judgment, Mr. Robinson addressed the Court on behalf of the defendant, repeating the topics gone over in the affidavits. The defendant was then charged apon another informa tion, for having printed another wicked and impious libel purporting to be a parody upon the part of the church service' called " St. Athanasiiis's Creed." The defendant bad suffered judgment to go by default in this case also, and being asked he declined pressing to have the libel read. After the Counsel for the Crown had addressed the Court, Mr. Robinson again spoke in mitigation. Mr. Justice Bayley then prononnceil the sentence of the Court, and in doing so commented in very impressive terms on the nature of the offence for which the defendant had now to receive the judgment of the Court. The sentence of the Gunn was, that fur the first libel the defendant should be im prisoned in the County gaol at Southampton for eight months, pay n fine of 1001. to the King, and at the expiration of that time he should enter into recognizaece to keep the peace for five years, himself in awl. and two sureties in 1,01. each ; and that atthe expiration of his first Imprisonment, he should be imprisoned for the second libel four months in the sense prison. The following annecdote of the late Princess Charlotte was introduced by the Rev. Mr. Jay, in the discourse delis ered at Argyle chapel, Bath, on the day of her interment. The preacher vouched for its authenticity, having received it from an undoubted source. About a month since the Prin cess was walking with her Royal Consort in the pleasure grounds at Claremont, when she accosted the gardener, and among many other questions asked if he could read. " Yes, Madam," was the eply,(f..r she never suffered her domestics to address her in any other manner.) " Have you a Bible ?" No, Madam." "'then," rejoined the Princess, " Pll give you one." She immediately went to the house, and returned with a Bible, which she presented to the poor fellow, having written his name in it, with these words subjoined, " From his I rimed Charlotte." TALLEVRAND AND B. CONSTANT.-•-A private letter front Paris says," M. Benjamin de Constant has liquidated the de. mound so unexpectedly brought against him, after a delay of 20 years, by the Prince de Benevento, immediately after the demise of Madame de Start. Ills Notary, however, io %styl ing tile account, expressly statedto the agent of M. de To 'lcy rand, ' I am desired to acquaint you, that this is the Pei:o)rt payment of the same debt ."fltis affair of trivial importance to the public, has given rise to certain explanations and - closures, whidi are not even without historical interest. M. de 'falleyrand, on his return trom Arrived ut Par is with :to Louis in his pot - kel '. his situation was forlorn and hopeless, and he did not conceal front Madame de Stitch and M. tie Constant his desperate and fatal resolntion, when this feeble resource. should be exhausted. It was then that 'Ma dame de is.tael embraced his interests with her characteristic al dour, and urged Benjamin de. Constant to write to the all. powerful Barras in hi, favour. The Publicist accordingly employed Ins influence in behalf of M. de Talley rand, ;end I myself have seen M. Barras's answer to this aide Memorial. It is incontestible, that the joint effort of Madame de Shia and Monsieur de Constant mainly contributed to the advance. 'tient of M. de Talleyrand. Rams hinnclf acknowledges it—he told a friend of mine yesterday, `reed mai qui of dowse des addles a pas Altesse.'—Whea Ntadanie tie Stael was per. secuted by Buimaparte, Talleyrand turned his back on her, and M. de Constant prepared a ma.icrly publication against him. Willing before printing it, to discharge his debt, Ma dame de Start apprized him it was already accounted for in the pecuniary arrangements between the Prince, and herself. In this late affair, M. de '['alley rand wrote immediately to M. de Constant, and declared ' he was totally ignorant of the precipitation with which matters bud been conducted,' and added several similar courtier like phrases, but without ex.. pressing hO dissatisfaction at the circumstance. The Public see in this affair another example of the pro. erbial cupidity of his Chill'ACiel ; and a , ready, iii large chalk letters, has Wen marked on his door, since his return to Paris, the following allnsiou to his infirmities and vices.—' /loot liwical.'" JEROIIIIB BUONAPARTE, according to an article from `Vienna, visited that city on the titli inst. ace ompanied by one of his aides-de-camp and general A batturci, with the eldest daughter, and the second 'on, of his sister, Madame Murat, and passed,the night at the hotel called the Croup of Hungary. He bad obtained permission from the police, in order to make several 'nucleases. He went away the nt xt morning, and re_ paired with his attendants to Madame Atitrat's scut at Frosch dud. In order to avoid all observation, he hired two car Oates at Baden, with which he went a n d returned. TeE MVIIDERS AT GODALMING.—A letter from Gtslalming, dated Saturday week says—•` The bodies were intermit in our church yard. The coffins were made alike, covered with black cloth, and carried each by six men with black cloeks. The body of Mr. Cl•en nel was thllowed by his friends and tau ,ervants, who had long been in his employ; and immediately after t!.. ;II Mllowed the body of Eli zabeth Vi ikon, niourned also by her frioids ; the Coroner's Jury closed the procession. funeral r- .itteinted by a great number of persons, anti the grei • st order wrs p.eserved during the perform ance of the burial Keno.: The two time:lnnate prisoners were re examined in the prisori...ni remanded thr a further licating. A shirt baring "ionic males of blood, was found on Friday morning, in dm Apron of a mill at E-hing, about a mile from Godalunng, and is sup - carried • this - - -•-- cum: , g :titres on amen the eltar244 of examined in the prison...al remanded tiara further heating : A shirt • has g...14rd au lido' iu c oos e -rw oce or a eo n - sh e d efen d ant were wounded, apiaining theituial ptnettre having some marks of blood, waa Mural on Friday twirling, in the o hibt• the w ill: Of au ;II it deal. ) n.d a victusl.' of notoinatitv juries, and denying that he 11...1 varied that apron of a mill at E-hing, about a mile front Godaluting, and is itip. • • tett rcierred to the hind v. Wadiliogton ,it therc practice, ur been actuated ly silty partialit ,y, Or any other um- post:Jointure barn carried there for more efficuvil concealment; chit shut, howcvvr, *mot atprcieht be rositivFly •