The National Register. — London, England, 1820-05-29 00:00:00

LAW REPORT. COURT OF KING'S BENCH. SATURDAY, MAY i O O. tRIGHT V. THK CARL Or IMPART., The pl ' 'ff, is livery !stable keeper, at Brentford, brought his action to reeovet the balance of an ivcrinnt lie had opened with the Noble Defendant, inr the keep of horses. It was stated, that alter repeated applications fur payment of his demand, the plaintiff detained the Earl's horses, hilt soon atter allowed them to be taken from his stables, on a promise bring made to pay the bill. Some paiwietits were then made, leaving a balance of 78/. which the plaintiff sought to ►ecover. The Jury found a verdict for the plaintiff for 7bl. — Costa 40s. COURT OF COMMON PLEAS. rWILLIAIP4 AMP OTHERS, AiBIGNEES, V. HOARE'. This action wav brought by the Assignees of Titimall, a bankrupt, so rt cover shire gold seal►, value kJ. being a portion of the bankrupt's property, pledged wills Mr. Do bree, who is a pawnbroker. The pl.. Tiffs undertook on make nut, first, that the seek mere pledged by the bankrupt within twit months prior to the bankruptcy ; and, secondly, that Mr. Dolt' ef• knew at the time he Deceived the pledge, that Titirtiall, who ear. tied on business iu Cheat Russell-street as a watchmaker and jeweller. WAS insolvent. In both isms, points there was a want of proof, and the Jury found a veilltet for the diferallans. COURT OF EXCHEQUER. RADICAL COFFER. THE KING V. 0 LEWIS. This was a ease if. which the question as to the legality of making any preparations of glans to res. nibly coffee, was expected obe decided; and the derision Was con sequently awaited with the utmost anxiety by mail ilia salacious. against *lsom proceedings had been instituted, as well as by 11'410 ewers in general The nefentlasit was psocreded against for a penally of 1001., appeared to plead Isis own cause. The paa h el of the Jury was called use", when six only and of those Iwo were inaccurately ilesesibeil Mr. Lewis 'use and objected to the pannel. He dr mantled a slew one, en the ground that the law allowed a defendant a patine' of 24 Jolts's. In the reamt in stance two were inaccurately described, and 0.4 P was 001 to be found. On thesu grounds he contended that She pannel ()avid to he Set aside. The Chief Baron said, that this objeetion to the panne' ought to have been wade before the fall Court, and not before Irma, setting as he was at Nisi Prins. The Alto. noy-Ciesseral said he world not press the trial now, but woniil consent to its being put off, in order to give the defendant an opportunity of obtaining a full pan ne]. The vial was accordingly postponed. WILDISF.SDAV: M A 1 1 .24. SPECIAL JURY. CLAYTON u. POPE. This Wien was brought by Mr. Clayton, the occupier of No. 3, New Lincoln'. Lou, against the Over seers of the Rolls Lases ty, in the parish of St. Dunstan West, to try the question whether the plaintiff, in respect of his chambers, waw liable to pay rates for the relief of the pan, i4l the Libi.tiy of the Rolls. If he was, their verdict u mild go for the defendants. - . . Evitiri.re was uffrred to ' , hew the liability of the plain tiff, to c Oislf• Louie too aids the support of the poor at the bandied ; stir. vv bleb, to prove he was not liable, Mr. Webb delitrit d lion. the Tower the copy ot a grant made in the Bth year of :he reloi of Edward the Second, by which the New Temple and Picket's Croft (the name the site on %loot u Lincoln's Imi stands, formerly went by) belonging to tlit linigins Templets, was given to Ai.aar de Valreire, Earl of P. nibs , kr. It had previously been rased by the [couplers fur religious purposes, and ou that account it was iltprtilsrd to be extra-pin uchial. The Jut% found a reedit.' for the defendant, by which this Chetahs as ate made sithiret to Parochial rates. COVLP4T GARDEN TOLLS. THE DU/LE OF BLDFURD V. PAGE. This wits au action !nought by the Duke of Bedford, as Propieriur of Covent thse den Minket, against the de fendant, a potatur merchant, to ',mover toll. The de claration matt it t h at the Noble Plaintiff was entitled to receive loom the deligidaiii tons-pence per sack for all potatoes exposed tin sale. 'I he question was, whether the Doke was entillrcl tb any pay lurid beyond one shil ling a waggon load to iespect ol• potatoes exposed for sale in Ihal pail of Co%eul Widen Market, called the casually owl ke , apploprintrd fur the sale of potatoes. The stint of tutor-, suer per sack was demanded, and the defendant uojeeleos has pa) log Slime than one shilling a waggon load. He tend( uit iota Court payment fur the potatoes lie exposed isecutiling to that rate. The evi dence proved dui die lull demanded forty years ago, was 9d. a sack. It was then incieared to ad. and finial) 103 d. upon Me l.•tslanding that the glowers and ten ders were 14, be lurinslied wills use accunimudation tOr the sale of list it goods They 'recited ateuisooodation, but alit; the At•l of 1813, which regulated the tolls of the Mill k.;, the a,ramesudauuu was discuutioned. By the 1110%11.11.W ul • nit Ant, ail slat had been usually paid before the Act as 101 l fun potatoes, Ilse Duke was Mulled to sett ise lion' the sebei. it was contended in this ease that his Giaci via- *IOIII,IIU ad, per sick. The .0111', )411V1 1.11116 e con sidrnaliuu , round a verdict for the I‘ol.ll 114110ln for ad per muck only. One el it I , !oleic the vet diet was given, stated that Poslot. 01111.111 1. of opinion had circuited upon Ilse Subjeci or Al s 4)...is u. 1.511011. Refute the passing of ihr Act, tic vsnuols hid paid id. per sack, and receive acconiiimitatiou. Atte, toe Act, the arcomininheion wtlbrtiaN it, bud 1.1111 Ills y Were 10 pay 4d. A pail of the Jury cus,hi.ir led that the toll ought nut be su much with out the a, lull inetl.elion. Mr. 111.1r)ai, whco the vet diet was delivered, Mated I. iiitesitiiiii to tile a bill of exceptimoi, founded un part of the Judge 'chew. The Chief Justice intimated that lie 'Mould be teady to sign it at the pi epee time and place. In the reign of Edward V., about the year 148% the expences of the King's Huns( hold were settkil at the anhoul sum of kieveu Viirusaad Pounds! In the year 1483, Richard 111. ul,pointed John ,Gun thorpe, a Priest to the Keeper of the I'rivy Seal, with a salary of twenty shillings a day, payable out, of the Customs of Sandwich, Poole, Bristol, South ampton) and Bridgewater. TIIE NATIONAL REGISTER. Volta. MANSION-HOUSE. MORLIY . SGAMiIaNG 1 - 10U65.--It will be recollected that, 50111 C time:n:loolin Morley, the keeper of a gamb ling house, at No. 3, Sweetilig's-rents, was cunt icted in the penalty of 2001. for haviir4 allowed the game of hazard to be played in his house. The gentleman who proceeded against the offender is a merchant of respects Willy, whose nephew had lust considerable sums of money in the house at the game abote mentioned, and the defendant was not to be Mow for smile time. There existed some doubt as to the legality of the con viction, no summons having been served upon Morley to appear and atisi%er to the charge, and the conviction having been made notwithstanding the absence of the man under such circumstances. A summons, however, had heed) served tilmis him to at.end on a previous day, upon which a postpoitennint took place. The gentleman who had pressed the matter to a COll4 ICI ion deter • dto prevent as mochas possible the atrocious practice of gambling, by which his relative's iflo,peets tit tie hail been completely blasted, and kept JII eye upon the house, where he soon found that every encouragement was given to merchants and batikeri clerks, and others, who had the C0111.0:00I o: nionei not bleu own. He then, accompanied by his solicitor, waited upon the Lord Mayor, and assured his Lordship that tie had every reason to suppose that tile practice was I,ot abated , and Ih.o beV4.l:ll lIMINCS uh MC city were to be plundered in consetpielice of the facilities horde I in Sweetdig's-reins, where Murky was making Itirttine upon the veg.), extrusive play mat was going forward colistaittly. tits Lordship's interierence was I CII Tile Lord Mayor said, lie should make every effort to keep do.vii so ruinous an annoyance; but seemed to question the validity of the conviction. He, however, sand tie should take the opinion of the City S• 'tenor on the subject, and, if the conviction proved good, issue a warrant of distress against the goods and. chattels of Morley. His Lordship, having consulted the very respectable authority alluded to, and being answered to his satis faction, issued the warrant to the officer, named Hurdefield, to seize upon the goods of the defendant for the sum of 2(101. Hisrdefield, accompanied by Martin and Branscomb, accordingly entered the premises, and took an inventory on Tuesday last. They were not only refused the amount of the penalty, but were threatened with actions tor trespass, &c. 'lnc officers, however, determined to fol!ow the directions in the warrant, and remained on the premises five days, during which they did consider able mischief to the business of the house, where billiards ate played by great numbers. Several young fellows, upon seeing the officers, who made no secret of the nature of their visit, left the house in a hurry. It was impossible for the officers to ascertain whether any other game was carried on in the house, for bolts and bars are numerous there, and the greatest caution has hitherto been observed as to the admission of persons to the ha zard table. During ►heir stay in the house, however, time officers saw quite enough to convince the Lord Mayor of the necessity for marking the house. Alter sonic gasconade on the part of the defendant and his friends, he thought it most prudent to settle the mat ter, after having endeavoured to prevail upon the officers to take liMiselt inste.md of the goods, and assured them that there was not a pennyworth of property in the house to which he had any claim. He paid down 1'251., and gave Its bond for the remainder of the penalty to the solicitors for the prosecution. It was stated that great numbers of young persons, in situations similar to that held by the unfortunate lad who robbed his master to play at Musky's, have been ruined by the house. Sonic hare been already brought to jus tice at the Old Bailey; others have, in the madness caused by lossys, destroyed themselves; and others have escaped to other countries by their own activity, or the iimauerice of their friends. The penalty inflicted by the 12th of George 11. upon any person found playing at hazard is 501. The officers have receited particular directions to watch Morley's house. The relatives and friends of Frost, the late turnkey of the Gilispiir-street prison, have instituted proceedings against a men in business in the city, for having asserted that the unfortunate turnkey received 6001. for liav tig facili,ated the escape of Captain I)avis from prison. Gooding, die Captaiirs-servatit, is to tfe a witness upon the part of Frost. G °sling I,ow butts tout it was with great difficulty he prevailed upon Caputo Davis to walk Mt of the prison. Ae soma as the disguise had been completed, he Silt dow., in a trembling and discommlate state, and said lie tie‘er could go through with the busi itzas. Cowling polled him out 01 his seat, and told hint at least to make the attempt, as tie could not he %%Writ! Off than lie was al that 1110111 CW. and might by etlOrt he much better. Gtxxlitig then forced him to the door. 130%1-SIREET. _ _ _ Ott Monday, 11.. ti 111 LltiN 0, landlord of the White Hart pollee hoot.r, Dr lily laic, aarodeti oil summons to ~nswer a I iiiiiplamt wade. against him fur sillier:lla gamut% in his home. It was prole(' that the defendant. permitted Skillics, and also a ;:,,tor called bagatelle, to lw played at in his U use.—He was Colii.iCied i, the penalty of 40s. MIL! TAItY OUTRAGE. COURT-ROUSE, WAKEFIELD, NIAY I(—Some time ago, a most cruel and unprovoked dSSJIIIt %%as committed by two military men oil the person 01 SJinuel ChJrles ofth, al °tefln near Horitury, iu the %sect riding of York slim., by which he was so severtly w lcd aN to tECov e•niotis apptehrnsions for his life. 'flue Ir,ruJ. of file awn, w ho are IterSons of great respectability, 'limn:lit it due to public justice that a legal investigation should be instituted; and, after seve ral delays, the cause of which it is not necessary to explain, the hearing came Oil this day at the Court-house, 175 in Wakefield, hetore Benjamin Dra'try, Esq. the Rev• W. Wood, J. Mali e, and J. Egremmit, At the commencement of the business, Captain Sib throve rose, and addressed the Ala:innate*. He stated that the conduct of the military under his oommand had been lt misrepresented in the public papers, and requested that, before the exammaiio,l of the witnesses teas proceeded with, the reporters might be ordered to withdraw. The Magistrates, after a short pause, said they did not think it necessary to make such an order ; but they intimated to the gentlemen who attended for the public press, that it was their wish that no part of the evidence should be published, as it might prejudien the party accused when lie was put upon his trial. With this intimation they expressed 'heir readiness in comply, and the hearing proceeded. IVitnesses were then called to prove the assault, and the examination was proceeding, when Captain Sibthorpe, observing that the reporters were occupied its taking notes, again inter fered, and ..ished the Bench to order them to desist. The Magistrates, however, made no sticit order; but the reportets, to mold unnecessarily irritating the Captain, laid down their pens, and the examination went on without any further interruption. The result was, that Thomas Quan, a sergeant in the 4th Dragoon Guards, tv,s ordered to find bail, to answer for the assault at the ensuing Quarter Sessions; and Captain Sibthorpe gave the necessary security. The officer who was stated to hate given orders to the sergeant to assault Charkswords was not in attendance. BOXING. The match between Dan. Gee, the pottery man, who is considered the best man. now in Warwick shire, and Barton, a farmer in-Oxtbrdshire, and a man of much strength, who is not without. Baffle knowledge of the boxing art, took place on Thursday at Bankbam, Bucks, in a 13-acre field, belonging to P. Totham, Esq. after having been twice removed. The men first had a turn-up at a revel, a fortnight since, when they were parted, and Burton offered to back himself for 501., and it was won made. The men set-to at nine o'clock, in a 20-feet square.— Seconds were, Todd for Barton, and Whitby for Gee. TH li COMBAT. Directly after letting loose of hands, Barton received a smart left handed facer. which drew claret from the nose, but he returned a heavy right handed blow upon the ribs, at the same time, which hit Gee away. A rally followed, and give and take VAS the order of the round, until Gee received a heavy trots bunock. 2. This wee nothing but a fighting round of nine minutes, but . Gee had rather the best of it, from quickness of hitting. but his left side was much mauled by his adversary's right hand, which at times seemed to have split him. Onaot Becton's peepers was darkened in the neat round, but Gee was finished by a hit in the wind. 3, and 4. Both had fought themselves out, and these were mere bugging rounds for wind. 6. Decidedly in favour of Barton, who milled away to all parts of the ring, but although he had not strength to atop the rush, he bad science to parry many of the hits, but at last was run down. 6. This was the most punishing round in the fight. and told who would win. Gee hard got fresher, end he placed his. left and right upon the head, without receiving a return blow. A sanguinary rally of three minutes followed, when Gee was knocked down, but he had darkened his adversary's other eye. and the lancet had no effect. 7. This was the last round. and Barton hit in all directions but the right, and, after being . much pinked, he was obliged to give in. Gee, although the victor, had. enough. It lasted minutes. Great Shooting.—At the second meeting of the Midgham Pigeon Club, on Monday, no less than 102 birds were killed in 110 shots.—Four of the members killed, on the average, 19 birds from 21 ; and the Gentleman who is the best shut in the Club killed but 16 from 21; an .ordinary shot killed 24 in succession. Mr. Thorpe won the silver cup and cover, in shouting off the tee of nineteen, with Mr. Waddington. Too most extraordinary acts of suicide were commit ted last Tuesday morning, in Union Street, Somars Town, by two inen who had lived neighbours in the street, and who were in the habits of ate greatest inti macy. A respectable inhabitant of: that street, sixty years of age, after breakfasting with his wile and family ui good health and spirits, got tip. from table, saying he had business up stairs, and would be down shortly; but remaining too long, and a person coining in who wanted him on bus,hess, his dattliter went up to call and on entering his bed-room, she found him suspended Irma the Iron rod of the bed-tester, quite dead. At the saute time an 314r111 was given that his particular friend, a bitictivr, residing in his immediate iteighbourhocxl, was discovered inasiging by a rope front an iron hook in ill; slaughter house, trine dead. About four o'c!tick on Tuesday evening a cold, about two years of a.e, belonging to All. Sisti:not,s, Thatched outage, lie:wiles Park, was lound drowt.ed in a pond in the gimlet,. The faintly were at dinner—the ehl!- (kens' maid was likewise at dinner, at td she inc uti ou+ly suffered tin child to play about, but missing the child, she ran into the garden, and not seeing her, she ran to the pond, where she lA:reeked the child's clothes floating nil the water. She ease the alarin—t cluld was immediately taken out, and a Surgeon sent for, who used the means prescribed by the Roydl Humane Society for the I.e.:Lowy of suspended animation, hut all to no effect. Last week a large dog, the property of one of Lori (.:astlereagh's coact:men, at North Cray, in this county, suddenly manilested symptoms of madness, and, below ally steps could be taken to secu re or destroy Ilse ant mai, it had severely lacerated the hand of fine bov, the sou ul aMr Hanks. It also attacked a flock of t - tirl.its belonging to his Lordship, and bit several of them.— Several dogs also, it is feared, have been bitters by it. but at length it was destroyed. Surgical ag•istam'e was procured to the buy kutuctliately, ` lol ' l - 1 was cauterized.