The National Register. — London, England, 1818-11-30 00:00:00

Sfrt LAW INTELLIGENCE. C,01.7te1 OF KING'S IIENCH, TUEsDAY, Nov. 23. JUDfimENTS. Mr. Seariett moved the jodginent of the Court on T. Gill, and B. Henry, convicted before the ChielJuldice at Guildhall. rasil appeased in Court, bet Henry did nut. He was therefore called no his recognizance, and nut appearing, his recur nizance was deelat ail forfeited. Mr. Gantry said he had now, an the part of Gill, to move an arrest or judgment. The defendants had been charged with conspiring to obtain from Mesas. Gallant's, the opti cian's, and Measts. Harris and Bell, certain lar4e sums of suoney. Ott the record, the tlefeudauta here charged with attempting, by divers false pretences, and subtle means and devices, to defraitti, &C. not stating what any of these startle weans and devices, and divers take pretences, were ; and thereby put iing the defenditets in a situation to answer the charge brought against them, which in the present instance they could but do, inasmuch as they were kept ignorant of the nature of the charge. He therefore submitted, that upon _this record, the Judgment could nut be sustained, but must be arrested. The aief Justice said, in his opinior, this indictment was sufficiently specific to support the charge and conviction. The defendants were eitargell with conspiring to obtain and acquire front one P. Dona tad and G. outland diet others, eta. lain large sums of money. t lie charge was the conspiracy, and the mewls of cats: gig that conspiracy into effect. The indictment told lone beets 'wifely!, even if the woids al luded to had brl n omitted altogether, Air. Justice Bayley and Mr. Justice Holroyd agreed fully in this opinion ; and the motion of Mr. Gamey, ivarrest of judgment, was nugativ ed. Tito Court, after hearing Mr. Gurney, in mitigation, nil Mr. Searlett, in support of the p r os e cution, se al e n ce d the defendant to be imprisoned in tbe King's Much fur nine months. Mr. Marryatt prayed the judgment of the Court on T. Miami, convicted of a misdemeanour, in making a Hash, or blaze, on the sea coast, during the flight, as a signal to a smuggling suttee oat at sea. Nit% a.ehte gloved the jit igment of the Court on A. Serle, J. Cooke, awl N. Driver, convicted of similar offences. The Coma sentenced each of the defendants to be impel. sated in the House of Correction, the first at Lewes and the three latter at Exeter, for six mouths ; and during that period to be kept to hard labour. R. Corbin was next brought up to receive judgment, con victed of interfering to rescue a ggler from the custody of one of his Majesty's naval-ufficers at Hastings. The de_ fentlant put in an a ffidavit, in which lie stated, that us: the day in question, he was walking on the high road near Hastings, when he saw a naval officer, at a small distance flow him, with a cutlass in one hand and pistol in the other, noel beating au old man with the cutlass. On drawing near the spot, he perceived the old man was his father; and on making this discovery, be went up to endeavour to rescue lian: and for so doing he was apprehended and eummittell to Hastings gaol, wfiete he continued for ten weeks , when he was bailed out ; and further, that whilst he was in the prison, the apartment in which he gas, was so much infested with tats, that *.hey very frequently, notwithstanding his efforts to pievasit them, devoured his vaanals. And lie verily believed, that IFf'd it nut been for the protection of a dog, which lie got into the prison with him, eley would, during the night, and whilst he slept, have debotored his fit:sh. He solemnly denied that he had ever been concerned in any sisisiggling ItallssaC. Pion, and had been induced to do what he had douse, in de fence uf Isis father. The affidavits of several respectaldc inhabitants of Hastings were read, giving the defendant a good character for itidue Iry and subtlety. Fite Court ordered that he slisalil be discharged on his own recoenizance, to appear when called on to d o so. T heir Lordships also directed that sonic inquiry should take place, as to the state 01 the prison at Hastings. Mr. Merryatt then pray ed the judgment oh the Court on J. Dinith, convicted of assaultstia aostructing the Revenue o ffi cers i f , lee discharge of thrlr duty, and seizing spate smuggled spirit. on the head' at Deal.—He was sentenced to six months ismsessonment in the comity gaol at :Maidstone. G. Gibbs, J. Gurus, N. Wade, and another, weir then Inreuglil tip to receive the judgment Of the Co art, for having re :cued a emit seized by the Custom House uffivers. Mr. G.sselee sail, lie was to have moved the judgment of the Court on the di fetsdants, but owing to their having since their conviction exerted themselves, at the peril of their own lives, tee save some of the Ultima when in great danger of drowning, he was instructed to convent to their being Ji be rated on their own to:cognizance, which was accordingh Omit. WEDNESDAY. !qr. Scarlett moved for a rule to show came why n criminal it 6,1.1160.011 %110111:t1 not be tilCtl against Thomas and Richard A 1/3,111 ,, t•I COalillerClall Company), on athilai it., which disclosed in substance, that the tiefen d"t, b t ,„ Mill well knot , ins the value of wine, lia.i prevaiii d on and conspired wiih certain needy p.-rsons to olitAkt wine on credit, and then pnrchase it of them a little more tit it uaN pile( The affidavit of Wrench, a b 411,11110 t, !tided. that living distressed for ready 'nonce, iD defendants had come and offered Mot (id. for wines which 11 t I been charged to hint at 1301. On the 'l7th of Nlay, 11411, he ii again pressed for cash, h. , railed on thellj, teat . had talkcal of honour m u d ins iolaule s....itey in (he ir truis„. ll „,,„ tio-y.ailvianced b.m until halt the salute of a dew dozens of wine, paying part of the price in ,!tors. In .lulu the same person obtained groin Nilessis. dallied and CO. respect:Ole merchants, rd dozen ut Nine. fur whicit Ile was charged 551- Tin. Abbots gave him Ail. for the lot. The • seal of Milked ti as on the corks, Tii that tile Abbot's knew very lt (II Isom whom it came. 'flicy afterwaida asked him if l i t . any w i ne i n the docks lie replied, no : hilt he knew niters to get sonic, ait:l accordingly bought a pipe on Credit for 1.11. eaclusive of the linty. Ile asked tittasi to go to the d oc k to bete it ; they refused, sayisig , it way rout, ins V to their confidential nny sit doing toisiness , but they vent boy to bring a sample, and Mien it ramie they gave (he . • pniscat 211. lii ready unailes. tar ilie pipe. In Sept. 15,17. they sent deponent a letter to ask it' lie had any CAI), suds . He had none, bet pi nenred three pipes on credit, and men tioned of whom: they said they ,reint red no StUr for they knew the wine. 'fluepttta by the seller, Simpson, ;‘) depocetit was 921.; the Animus guise bun 561. nem were a Intjrnber of oilier iii•tancea of tlic same description ; and, li t &tont nine months, eine to Ilie alumna of I,W:li. had.. Illiungit the deponent's hands, for winch lie had re- Ctived a i orc tha t , Upon evety occasion hot the first tuts, knew isteic 4e h.ud the nine, and that be had 11 THE NATIONAL REGISTER on credit. His 1.1 eiiii ;wing impaired, the: objected to dr•m nit h hini by Inv own name ; Noon wit kb lie invented • ficti Lions one. and in that they accepted his bills. These statement: were confirmed by compari►on with the dock accounts.—ltele to show cause granted. 1 Mr. Oaselee moved for habeas corpus. to toting up II gen• demists confined in Winchester gaol tinder this following cit .- enmstances :—Therc being a great tumult rouud his house, on the uecnsion of a harvest house, and actual deliver that his house would be attacked by a molt, he went out, and fired a blunderbuss loaded with powder, in the air ;on h is going out to fire it a second time, the blunderbuss burst and sltatteted Iris hand, but nu other person was hurt. In consequence of his having, refused to quit the neighboarhood, a person had held him to bail tinder Lord Ellcuborough's Act, for firing with intent to kill ; and he was counuitted to prison.—The Court granted a writ. THE KING V. THE JUSTICES OP OXFORDSHIRE.—(CORONERS.) Mr. Jervis showed cause why the Justices should nut al low Mr. Cecil, the coroner, hi• expenses on returning home from an inquest. The question turned on the words of the 25th Geo. 2 e. ti. P. I. whie•h allow( ninepence a mile to co .rs, for travelling 6' from the usual place of abode to take such isalui4itioa." The learned counsel contended, that under these words, the expenses wet:. limited to the coroner on going out. 'rite allowance on returning home had never broil al lowed in Oxfordshire. _ _ _ Mr. 'Taunton, for the coroner, argued that the object of the legislature was to indemnify the officer; and it could not be meant that lie should be paid out, and left ta find his way home as lie contd. "To take the inquisition," only meant that he should not be paid if he travelled for any other pur pose. Mr Justice Bayley said, that long since the Act passed, fif teen p e a c e 3 mile was the whole charge for four horses. That was before the duties were imposed. Chief Justice Abbott observed, that chaises scarcely ex. i 'tea in those time, and niiie-pence a mile was sufficient to go and return, it' the coroner travelled on horseback. He II lit the coma' netion put on the Act by the justices was the right construction. Rule discharged with costs. THURSDAY. ALLet:Ell NII.ROCII IN A CONVICT SNIP. Mr. BoHand prayed that Captain Drake, who was brought up by Hateas Corpus from Maidstone-gaol, might be admit ted to hail in a case of murder. The Attorney General desired that the affidavits on both sides might be then read. These affidavits, which were very long and numerous, as well as the informations taken before Mr. Carter, the Magis trate at Greenwich, disclosed in substance the fallowing elr conistances —The ship Chapman sailed from Cork with con victs for New South Wake, in March, 1817. Every tiling went on well till the ship arrived at St. ago, when there was a slight quarrel beta ern some of the convicts and the sol diers. At this time it seamed that a convict of the time of Collins (whether front a view to procure himself his liberty, or from what tnotive did not appear), had persuaded the officers mid the doctor of the ship, that there existed among the convicts a conspiracy to rise upon the crew and take the ship. The officers, impressed with the truth of this story, on the night of the 17th of April, after the convicts had gout: to bed, and had been fastened down by the chain cable being placed upon the scuttles, caused the crew to tire down upon the convit-ts,which was done for two hours. according to sonic of the affidavits for only one, according to others. Three I of the convicts were killed and a great many wounded : they lay ;roaring and crying out for the doctor all night, but no body came in them till near nine o'clock the next morning. The doctor then told them that it was all their own faults, for they had conspired to rise on the crew; this they all solemnly denied- They were afterwards brought up to the hatchway, and examined on their kness, as to this supposed conspiracy, particularly as to a saw and turnscrew which they were supposed to have secreted. They all denied the conspiracy, and on their births Win; searched, nothing was found but a few nails and a tile. After this, the convicts were treated with great harshness ; a rse rat fl oggings took . . place, and one man had a bayonet run into him Verause he ci red out while sonic fetters were revelled on his leg %Oh red h=it rivets. The convicts were repeatedly threatened with death ; and on the night of the 22d of April, after they had retired to bed, and been fastened down as before, a second fiiing on them look place from all parts of tlir snip, and lasted nearly two hours. Another WAS killed, and or teral more wounded, and no asristance afforded till the next morning. On the 21th of June, four or five of the convicts were chained into the jolly boat, and one of them shot ; atuither was put in the long boat, where he died in foar days. All the affidavits assert( d that there had beam no conspiracy whatever, nor aity resistance, or the slivitest appearance cf resistance, either before the first firing, between that and the second firinit, after that firing, ar during tiny part of the voyage. The crew had been - heard to speak of Collins as the saviour of toe ship ; and after the 17th of April, the emtviets had been treated on all occasions with the most ielcutless severity. The. atEdas its I,l'several soldiers on board the ship Stilled, that the firings dud 1101 continue alio% a 10 minutes or a miartet of all hour ; ACCOliling to seine, not iiwre than five or six minutes ; that it beher had burr, gi. nerally entertained among the crew that the conviet in tended to rise : mid that !refute the tiring cowl: ice I a disimh,thee was heard among the prisoners below, mail an Marin giviri that they weme breaking hoo.e. On the mitt hand, the affila , .it of one of the convicts siated, that hr hail overheat Clements and Baxter, two of the clew, agree tq give ail alarm, in order that the tiring might commence. The affidavit of the Captain stito.l, that Inv entiort4 ner( - 2i)o in (lumber; that he was informed by Iti• mste anti nen that they were or a most riotous disposition ; that on the niadsts of the firing they had DV Ctiipleil to Weak the lucks or their prison, and had been heard by !:int fa say that it was a bad job, they had all been found out ; hot that, though they failed !bun, they %solid try anon 3 er time. tie nail received the most tihblinet Inform:Mon from Collins, that there was a regular organized coastal:try to take the stop. The filings took plate Win t any (nth(' from the oifirers, there helm; a great distortranct. Isrlow, and the crew etyine ..sit !hat the prisonets were i - nnitz, upon tlietit t . tiring oad been stoppeti softly by the exertions of the facets ; tot the Crr w ;vele thasperntell to the last degree, having and •r 5t ,, . , t1 they welt. all to be pot to death. ilk affidavit tated, that he h,td given au orders whateverler the strati' of the convict who was shut in the j..lty boat. Their were seve. al other affidavits in corroboration or the cal tai..'s: tit. y a:liled, that there was such a panic among the clew that the firing had tomine.iceti while the cap Wit was in he( cabin, without his orders, and even contrary to them; that NOY SO _ . 1111 the exertions of 1. e utli:•er. ho.l bc. n ...I,ll%ading to stop Ilse tiring iu I CSIi 111:111 tril minute,' or a quarter of an hour. CaiefJust ire Ab'sdit.—Ntr. Attorney General, sit the alit. ttations 113Ve been r. ad upon ssli.cll the prisoner was com mitted, and some on behalf ; th.. Court thinks that this is a case in w•dieli the paisoner should be oil to eive bail ; of crier se it wilt Ire arcertisined that the bail are sufficient. The Attorney o...neral said, there was no objection to the bail, who we, e then sworn ; hl r. Lee, ship builder, and Meseirs. Chapman. merchants, of Rotheraithe. Assn/LT.—Belinda Taatie, Thomas Butilthee, Joseph Parish, awl George Carroll, were called on for judgmeat, having pleaded guilty, by their counsel's advice, to an ment for an assault on Lady Welk - mike and her grand dank to s in August last. Mr. Gurney said, he forbore to pray judgment against Ile liuela 'naafis. ; and as Carralt did not appear, awl his conduct Was less blameable than that of the other, he should idly nothing as to him. He then stated thin particulars of the case. The two young ladies were on a visit to tl.eir grandmother, and in her custody, when the mother tiled to take them from her by an application to the Court of King's Bench ; and that failing, had recourse. to violence. And us hat account did Mr. Boulthee give —that lie was a merchant and a gentlemaa ; and yet he came on an appoiutenent only one day old, to make an attack on four helpless females, with persons who wei e not known to him—a waterman and a prize fighter ; pretty company for a gentleman to join himself to, in such an enter prise! 'flee prize-fighter, too, had pistols; and though it %sae I stated that they were not loaded, they :right hare been time aught Mr. Boulthee knew. Ile found, by his own account, that the young ladies were unwilling to leaf e their grandmo ther, lout he still continued to act as director and commander. When Parish endeavoured to drag the young ladies out of the carnage, and thi• footman inlet fitted to prevent him, " Knock that fellow down," was the language of this gentle man, who, by his own account, was endeavom ing to prevent all violence. This was the language he held to a prize fighter ; and then he sent away, according to his own account, the persons who were assembled to take Mrs. 'ratifies part.- It was impossible to believe this. All the oilier affidavits were to the contrary, and said that the by-slanders cried out shame for such an attack on an old lady. lie then desired them to go away; it was probably becanse they did not go away that this effort of the defendants proved nissuccessful. Mr. Boulthee said, that he had gone into the carriage at Lady Culebrooke's request; but the footman said it was at Mrs. Taaffe's; that site had in fact resigned it herself, and disclaimed any right to oall her carriage her own. Stich an outrage as this, its the open day, was disgraceful to the country in which It happened ; but it would be much snore so, it' the author of it was set at large upon giving security, because that lie saki that he telt some contrition. And what sort of contrition was this;—such as persons often felt when they were before the .Cuurt, who never telt it on any other occasion. The conduct of a gentleman, who coald join with a waterman and a prize fighter, upon such an occasion, was not to be distinguished front dial of any unprincipled ruffian. The prosecutors were actuated by nu vindictive feelings; but they wished to show, that an outrage should not be committed with impunity on tli persons of unprotected females. Mr. Justice Bayley, in passing sentence, said, that the pri. scams' offence was one of an aggravated nature, anti such au, fortunately for the police of the country, rarely omit red—a systematic plan to way-lay a carriage, in which there was one female sa years old, and three others sunder ; and this was said to be in aid of Belinda Tautly,. her of two of the young ladies, in order that she might have an opportunity of seeing them. The defendant Parish was not any servant of Mis. Taaffe's, nor any coanexion of hers ; and the only account given of him was, that lie was a prize-fighter, and had pistols in his ;rocket. though it was said they were not loaded. He had no connexion with Boultbee prior to the assault in ques tion. Boulthec'a account was, that he was must reluctantly prevailed on by 11 r-. Taatte, to assist her in au attempt to see her children, and protect her from the outrage of Lady Cole brooke's footman. Did he make any inquiry before lie en gaged in such all undertaking? Did he nut know Ilia if they were detained agailist their will, and wrongfully, the law would protect them by a Halters Corpus Or did he trust implicitly to Mrs. 'las& ? His • affidavit did not state that he had not 1.111 knowledge of all these circinnstances. Hon. ever, lie was overcome by Mrs. Tattle's importunity ; and he then suet her by appointment on Hampstead-heu;lo— not to go to Lady Colebrooke's house—and he saw (what would have opened the eyes (daisy rettecting person) two men with Mrs. Tuatie, one of them having pistols in ilk pocket, though not loathed. Instead of remonstrating, he placed himself on a ilackues-coach. Lady Colebrooke's carriage came in view wi:eis she carriage in %Odell Beall bee was seated so conducted itself as eonsplettly to obstruct the way. If hr had uniy wished that Mrs. Taal& should speak with her ilaiigliti 1., they might have done without violence. But what was tile case ? The doors were Opened, and an endeavour made to force the young wOulese out. A waterman, a prize.fighttr, and two other 1111 - 11 attacking one woman of eighty cud three tin.lci twenty. 7 .%11. Boullbee stated, that seeing the young wumen not so within;: to join their mother as he had been lcit to exrect, he &sard his ronquanious lid ens e: by which he had a d al ite e d, that down to that time the v Irul aeon d with cinage,. Did I.e then (ilia the cart irge and leave La.'s' COI,. urooke to mitten innianeateli i; No! lie aunt Me;. rt. reeded in the carriage to Loo don. 111F11111114! on Mrs. Tatitti 'a right to have the•ohildreit. Mr. Boitittire took credit that 11,111 prevented the crowd limn inert asing the suissoyan. e Lady Colebrook,. But in what a situation mast he i ova pt.,eed that lady, when, from the impetuosity of w 1111'1111 woman. he had drawn upon h.rthei u drl:nal of a crowd Ile had stated the circumstances in the most !avowable manner, and according to Mr. Bonither's affidavit. The affidavits Da the other side gave a much worse view of the case. He Ia I lent himself most ititjestilia and improdentiv to a won's' .can was not a cool judge of what bite was about to do; he had trot himself 111 an outrage. soli!' as fortiimitely was n. t triathent. 'llse Court would slit Ill) its Judy, it it did u. t protect others from a 'tar slitot;s r ; :11111 hun es et . bald Ile 1111 l isionent might appeal, it was 1114”.1 l'Clllll%lle 1118 t befits l moo acted on such °erasion. he should think. The Coe t therplore sentenced Bouithee to four calendar months' psiiamtnesst in the custody of the Marshal of the Nlassinslo to lien security fur good behaviour, to pay a line of lOW . w,d be further ituprisoned till it was paid. COURT OF COMMON PLEAS, Nov. 23. UV NRtlillT V. BRAMAN. Ti Waft 7tu notioit against tin tlttendant fur t riminal vm.vin with the plaintiff's wile. It was hied at t.inilJha , in Aauli,t, Itilo , bi•fore the late Chief Justice of the Co, • man Pleas, alit( it verdict given use the plaintiff, with t - " , ..gcs 1 .0, ' I 000 1 .-1► happened that the plaintiff had •111.11 tudt bed it, the ilefeudaut iu a :WU of :14.101. It tt