The National Register. — London, England, 1822-10-28 00:00:00

To witness.—l do recollect a summons to appear at the S im i O n house, but I was not p t. Did yea attempt tele/ se information against me ? Mr. Gurney interrupted. Waddington—You'll pardon me, Mr. Gamey. I will prove this is a polluted witness, sworn upon the four Evangelists ; and if I eau prove him a perjured man.' not to be believed— (drowning the voice of the Chief Justice repeatedly, who at tempted to speak)-1 submit, said Waddington, his evidence ought not to be taken. Witness—l did prepare to lay an information against him be did not then do it. Waddiagten.—Did you ant sweat ? Mr. Gurney.-1 object— W'addiugton.—l will be heard without any interruption of Counsel. I am legal, and will he heard. I. will prove him a perjured witne.s. Knows a public ketosis in Destreux-court, when witness was, and took refreshment, defendant being there. Mr. Waddington insisted that Gook and other witnesses should withdraw.—(Orders given so to do.) Waddington.—Did you not read the pamphlet yon say you bought of the defeu4ant ?--1 did not. Chief Jusiice.—l cannot say that evidence is relevant. Waddington.—Now, Sir, suppose I should refresh your men mory—l will tell you what it was. Where was you when this hue: of Palmer'so was purchased 1 This is a liaise fur askinS questions. Can you see through that hat ? (holding op a hat.) Now Gen you see through a sheet of brown paper? Defendant observed bs key-bole co the door was blocked up. (Lau-liter.) _ _ yoi; could not see my band at the spout Did you ever purchase of myself any book that was libel lous or blasphemous ?—No, I never did. 11.. t you have asked me for the Republican ?—Yes. Did I refuse you the book, and you gave me the money; did you ever receive that book of me ? Yes, of you. Do you swear it ?—I have sworn it. Waddington.—Now remember, I have evidence to prove the contrary. The Chief Justice.—l really have my doubts of this man' sanity. Waddington.—O, I'll prove the contrary.—(Laughter.) What did you say to me t—l said I'd be • friend to you. Wsildington.-0, a very good frieutl, To the witness. — Did you not strike me ? You called me names. Did you never threaten to blow my brains out ?—No, I said if you was my prisoner I would not suffer you to go. I would blow your brains oat, or any other person's, rather than you should get away. Paper produced is Gook's writing. Waddingtow—l contend these. thereon. are a host of ineen diares. Gentlemen, you are my judges ; and whether you hind me guilty or not, I will be beard—as it was said when the cities of Sodom and Gornorab were destroyed..." If there ha one virtuous man in the city, let it be saved." Tho Chief Jastioe.—After what I said of his sanity, let Lim proceed. Defendant proceeds—Do you know the White (fart ? Yes. Well, were yon not drinking with some notorious pick pockets? Nn. Did I not accuse yon of being a notorious scoundrel, and you asked me to drink with you, sod I said no, you are a cony woe informing r . I t—l remember something of your abusing me. I said I would be a friend to you. Waddington.—Do you mean over the left shoulder ?--(load laughter.) You may swear any thing. 1 don't care twopence what you swear. Re-examined by Mr. Gurney.—The witness said the placard he had been speaking of he copied with a pencil on paper. Ile copied both the placards in the defendauie shop at the same time. The witness having stated his inability to recollect when he leopard the placards, the Chief Jus.ice repeated the evidence he bud previously given on that point. iVitness—Copied these both at one time. Waddington.—My Lord. I wish tutu to refresh his own me story —he wants no assistance from you. I don't know what to do where a witness is determined on sweating falsely. Mr. Smith, Dow. street 011icer, aocourpauted last witness to defendant's shop ; Duke went wtth them ; part of it was Mr. Poole's shop. Mr. P. allowed hint to remain in his house during the day. Duke was stationed on the staircase, for the purpose of observing the house ; be some time after came down, am: remained with Mr. Poole and Purton in the odour. Whilst they were there, Poole's daughter came into the parlour ; iu cousecoencie of what she said, the tvitness and Porton went out. He went into Waddington's shop ; defendant was not there. Ile sow the names of books writteu on the wall, with a cord and bag attached it. The witness pulled a bell-rope opposite the book he wanted (Palmer's Principles of Nature), There was a speaking trumpet which went up by the side either 'pout. Ile said loudly through the trumpet Have you got this I" He at the same time sent up the price affixed to the book. The witness put two half crowns in the hag which went up. The defendant was not in the shop at the time, but came in soon after. Tbe wituess had not received the hook when lie came in. When Waddington came into the shop lie offered the witness a distir to sit down. Shindy after the book pur chased name down the spout and fell on the Boor. The wituess u.arked it. Cross-examined by Waddington:—lle said, when the de fendant offered him a chair, be was only iu the shop upon pri- Tat e business. tin a former day the wituesspurchased of the defendant Pope's Universal Prayer. The Lord Chief Justice haviu4 interrupted the defendant whilst putting en improper question, be said. " My Lord, I know y .0 sit here so dr, representative of the King ; but you are wed paid fur the discharge Of your official duties. You are all, from the Judge down to the Crier, Public Servants, and we ere entitled to have justice." The Lord ChiefJustice.—lt is my duty to inform you, when you are putting improper questions, limit you are wrong. You are not et liberty to put questions the law will nut allow. Waddington.—l ask whether he did not swear at Bow street. Lord Chief Justice.—That is a question you cannot ask in law. 11'addington.—Gentlemen of the Jury, I have no law, and you ace what a situation we are in• The defendant was pruc...eding with irrelevant questions, when h 3 was stopped by Mr. Gurney, in conaetrenee of ...Melt he eaclaitnrd—•• Mr. Gurney, I will be even with you tbia day before I have done with you." The witheas then said, upon further cross-elimination, that the defend...it did not give him the bar:, our did the defendant reetive the money. Robert Duke went in May feat, with Smith and Purton, to the house of Mr, Poole. lle looked through the key hole of a door ap stain and saw the defendant an,: a little boy. He heard at the barite time Cie round of Smith's voice up the trumpet.— lls ►im say '• haw,: you got that." fin then saw Wad- ~ Yi. THE NAIIONAL REGISTER dis„ton leave the room sod go down stein. He also beard money chink in hie Mind. The witandi then joined Smith and Perlos, and went to How street for a warrAat. Cross-esamiued by Waddington.—lle said the defendant might have had a box in which he kept his money standing in au adjoining room. Mr. J. Poole, tobacconist, 201, Sienna, deposed that the defendvnt took part of the shop in the house be occupied of a p-rson armed Chit. Le. Waddiogtoo was there every day until he Weld to prison. His name was painted over the door in large letters. Placards were in the wi.dow. On the Mb of Msy the officers succeeded in taking thu defendant, Duke and other officers remained iu his parlour. Cross-examined by Waddington—lfs admitted that he let the officers iuto his house for the purpose of taking him. Se veral persons of mean appearance were iu the habit of going to Waddington's premises. They sold hooks, he supposed, as well as Waddington. Jane Poole, daughter of the last witness, corroborated the evidence given by the officers. She saw the defendant go into the brat boor of his premises, and she immediately told the officers. Passages from tae book were then read. The Solicitor General.—This is the case for the prosecution. The defendant, alter some preporation, then addressed the Jury. It was Doi necessary, be said, to tell them who he was. This Dinrulu Reyio ( Mobutu, Regius), the Attorney General, had taken on himself In prosecute him for publishing • book, which, according to the evidence, he bad neither sold nor re ceived money fur. As to the me:it or demerit of the book he knew nothing. He had never read one line of it. He MIS at a loss to know what lie was prosecuted for. Let theta prove that any person had been led away from his duty to God and his country by the hook, and he would answer for it. Black stone said, a matt might be guilty of a crime without knowledge of his offence. Ile certainly stood in a sittration of ignorance, before the officers dragged him to Bow-street ,where he was committed, not on the oaths of witnesses that the work was a libel, but the bare opinion of Mr. Vincent, the Magistrate. Ile called upon the Jury to pause before they gave effect to this ex-ojcio information, which he considered a relict of the old Star Chamber. Ile reminded the Jury that little credit was to be given to police officers since the blood-money conspiracy. He wee prosecuted by the society for the suppression of vice, of whom the Bishop oh Clo,ber was one. That man lied done more herrn to religion.than all the 6lasphemons publications in the world. But the tfi hop was a great man , but I sin little Waddington.—Only such wretches as himself were liable to prosecution ;—he was happy to stand before the Jury ; for, as Paul said to Agrippa, he was glad to answer for himself. The Lord Chief Justice.—Yu• bad better conlioe yourself to your own case. Waddington.—Ml case, my Lord, is well known to theJnry. I wish to say a few words abont other cases—l wish to let the Jury know what the Government anJ the Bishops are about. The defendant then read • book, to prove that the Clergy were not honest ; but the Lord Chief Justice interfered, ■nd refused I. permit the defendant to make indecent observations. One of the Jury said, they were ready to hear the defendant speak for himself, but they had no desire to bear the work he was reading. ‘Vaddington.—lf a verdict is given against me, the conse • (pence will be, that your Lordship will be banded down to posterity as the most tyrannical Judge of the day. After having read several passages of another work, and the Jury expressed a desire not to hear him, the defendant de• I tailed a violent outrage offered to hi nhe the prison. He de clined offering el idence, because he would not give the Soli citor-Gemini an opportunity to reply. The Lard Chief Justice summed up the cafe with the great est moderation, and left the Jury to decide upon• the gees lion, whether the defendant bad or lied not pahlished the li. el. One of the Jury asked whether any work abusing the Christian religion was unlawful. I'..e Lord Chief Justice said, the Christian religion wan part of the law, and to abuse it was unlawful. Tire Jury then found the defendant Guilty. VIE LING V. THII INHABITANTS OP ST. PANCRAS. The Solicitor General stated, that this was an indictment against the parish of St. Pancras, for not repairing the highway within the west side of the Regent's Park. The Lord Chief Justice.—This is a question of considerable importance; therefore it would be better to take the facts upon admission. leaving the Court to determine the construction of the Act of Parliament. I think Ibis would be more satisfactory to the public iu a ease which tarns upon the construction of ten or twelve clauses of au Act of Parliament. You give such ovi. dance as you think proper, and then we shall see bow to dispos of it. Witnesses were accordingly examined on the facts, after which the Jury were discharged from finding any verdict. TIMISPAY, OCT. 24. RaCtirrosii, V. lIILTU9 AND CO. Mr. Campbell opened theYpleatlings. Mr. Scarlett awed the plaintiff's case. This was an action to recover ► large sum of money (Jr s quantity of akin, sup plied to the order of the defendants' agent, who had absconded. The defendants pleaded they were not liable. After the evideLce was gone through, Mr. Common Sergeant, for deletialant, consented to a ♦er dirt fur the plsintift agreeing to leave to a reference such gouda as should be excepted in the amount proved to have been de livered to defendants. Verdict fur the plaintiff—Damages 40UL subject to a refer ence. RAINSIWII T. ASI4TON. 3:r. Campbell opened the pleadings. 34.1:urigry stated that Ramsdell end Sharp, farmers of post horse duty, suo;,iit by this action to recut er t considera:de sum of motley of the defendant, under lice act 47 George 111. and another e-t, 2.3 George 111. chap. 21, the question upon constructim of these ants. Forty mirth Geo. 3 , 1. ch. S. a. 3. where the distance shall not lie ascertained, and where any horse, mare, or gelding. shall be hired at per mile, then lid. per wile shall Ye paid." The defendant earring( oa the business of lettiiig horses to hire, having stables in Gray's Ina-lane. It was greatly more ta the advalll:lgtl of the *tali:e ls:eller to pay Is. ltd. for each [lunge by the day, than to pay 1/.1. per mile. The ant says, wherever the thetence is ascer tained, the duty shall be paid per mile ; and in 11116 tae act is imperative. Now, in rases of funerslii, the ilistagive can and must be aseermiued. And in the case of a eohltinates funeral goin4 a great way from lowa, and the defegidaut paying by the Jay instead of the mile, would be a great lass to the plaintilt. unless, as the act directs, that the defendant shall pay a day of one-fourth of the niuney he receives. Then the (0111 Anne, c. 23, has a regulation with respect to hackney coaches with more limn two horses. Then the Ist: George 1. pit:rides, that no person shall let any horse. to 'mold icy rtMeril, il tenied as hackney coarth prop w h o , s . an .; i • toy p ersons a4rfi drive any hacknsy coach to any furseesal witauat a nambct shall -- -s 339 be subject to a penalty. Again George 111. e. 21, enact", • peachy for every hackney coach plying within ten 61411C1 Temple Bar without a somber. 'Lie 4241 George 111. c. 27f • gives an exemption from assessed taxes for two ho:sks for teen hackney coach ; the oilier is 43d George 111. Then there are fares fur hackney coaches. how at funerals, hackney roaches we see every day, will have four or live horses, the defendant in such case paying no assessed duty. The Learned Counsel contended the plaintiff, who paid a large tam of too ey for farming these duties, was entitled 1.. be p nil by the defendant fur every rain horse at funerals, as likewise by the mile fur every horse so employed where the journey can be ascertained, otherwise one-fourth of the money received. Mr. Scarlett —The defence we mean to set up in this case is, that persona who travel to he horned don't travel post, and that therefore the plaiutilf, as farmer of post duties, has no claim upon us in respect to funerals.—(Laughter.) Lord Chief Justice.—W ell, well, we e:,all see how that is by the Act of Pm lianieut. Mr. ScarlAt submitted that the defendant paid d ivies for eighteen horses, at one guinea a year each, it would there fore be for the defendant to prove that any other than those horses were so u.ed. _ . %% it were examieed upon toe facts, and the parties agreed to a verdict of await'sl damages, with the view of bring iug the question before the Court in the form of a special emote. 714 E KUM Y. HOWLED AND GIBES. _ 11:s was an indictment against Edward Howard and Joh• Gibha, persons well known to the public, charging them with a conapiracy, by aubkile means and contrivances, to cheat and defraud K. M. Darknell, of 11071. _ The case was stated by Mr. Scarlett, and afterwards detailed in evidence. Mr. Darknell, the prosecutor, said he was a stri!oner in St. 31artin's•couti. He employed the defendants as agents, to laud out his money to iatereat. He supposed at the time there was • partnership. He saw both the defendants dots.; business ; the first transaction was io 1812. In 1817 the defendants re ceived I lOU. as the redemption of annuity granted to ti'e 31ar gnu of Sli A n, by witness. He applied fur the money, but obtain it. One or the defendants pointed to a bundle of papers, and said, " 1 have his father's will." The witness said, " what is the use of that, I wait my money!" They promised the money several titnea--and one of them acid—" Oh, my buy. we have done the Marlborouji annuity fur you." • The witness saw Gibbs several tintes..and always expressed comilaints that be was not paid the Marquis of Sligo's money. They repeat edly told him of the Duke of Marlborough's annuity, and ow one occasion Gibbs threw down a bank note for one thousand pounds exclaiming " look at that, my buy !" The witness said " then you can pay me." He promised he would pay the wit ness the next morning, provided he would out tell the other annuitants. They never did pay him, but expended his money in the purchase of the Duke of Nlarlburough . s cannily, which became invalid by a decision of the Lord High Chancellor. The witness, on his cross-examination, said he had been in bu siness forty years. He first employed the dcfendacts in 1812. They gqt hint 11 per cent for bis money for four yenrs. The plaintiff never gave them any general authority to lay out the Marquis of Sligo's money. He signed the debenture for the annuity in April, IBIS. The Solicitor-General addressed the Jury, and several wit nesses were them called in support of the defendants' ease. and. after an aisle charge from the Lord Chief Justine, the Jury ac• quitted both the defendants. FRIDAY, OCT. 23. THE RIMY R. LODGE AND ANOTHER. This was a proceeding upon a writ of fteri Arias, at the in stance of Salmon and Oily, truss makers, in the Strand, to de prive the defendant,. of the patent they bad obtained for a doable spring truss, on the ground that 31eatra. Salmon sad Oily had obtained a patent fur the same invention in ISM Several witnesses were called to prove the truss invented by the dafemiants, and fur which they obtained a palest is was the invention of Salmon and o.ly. On the part of the defendants, Dr. Canine, and several mai. sent medical men, stated that the tries of Mr. Lodge and hie partner was unlike the instrument ins oiled by Salmon and Oily ; but the Jury, under all the circumstances, found a verdict for the Crown, which determines the patent right to be in Meats'.. Salt:two and Oily MURR•Y V. I.nRD 'TAIL This was R H action upon a bond for 20001.eseented by tbe noble defendants. The Solicitor General stated, that the plaintiff was a British officer, who brought this action as the reprreentative of his fat , er, to recover the amount of a bond for 20001. The father of Mr. Murray, who was an army agent, received front Cal. Morgan two bills of exchange, accepted by I. Stair, whilst lie was Mr. Dalrymple, and these bills haying been given all. the noble defendant executed the bond in question. The bond was then put iu and proved. Mr. Scarlett, cc counsel for the noble d-feadant, said be bad two grounds of defence to the action. First he should prose the bills upon whin!' the bond was founded were given to dis charge a gaining debt at Pais. Secoudly, Cie •:ills were not to Like effect before Cie death of the line tied of 'Lair. It would appear that the bills were negocisted sod made •vailabla previous to the death of the late Lord Stair, and on that cc. count the transaction was invalid. The present Lord Stair, when Mr. Dalr% wide, in IS! . w,s in Faris, and having en. gavd in play with a Count Lichen, he lust 2tlsrol. lie gate hills for the 63111 e in the name of Nlande rills, %lints were after• %suds withdrawn, and ushers substituted by a Mr. Dodd, singe Sir A. Dodd. The no ale defendant glee other t 011. to Mr. Dodd, which aft: manta became the foutolation of tier bond. It would appear Irina the stalest id that the plait:llh' could sot re cover, as the whole was a transaction arisiug out a a get:oldies debt. The learned counsel tie. n callad Sir Alemintler Dodd, who stated 'hat he was present in Paris when Mr. Dalrymple lost to Count Liehen, play in: at dice, in the house of a restaiiiiieur, the sum of 2UOJI. This eirenni• Aance happened in 1807, and Mr. D dryinvle gate two httls exchange for 10)7l. cacti. noble def,utlaiii at that tiros to avelleit under the assumed name of Nlanitevil!e, and gate the halls in that name. I t was liflet'Wn! . .lll 0011 , 4 each: to irregularity. The bills were witlidiawn soil others at:oat:toted by Mr. Dodd. New bill• were e.t.a gi.en by Lord :Wit.. which got lulu the hands of Colonel Morgan. sod finally into the 'minis of the plaintiff's father. Load Stair afterwards took back the bills. and gave a bond. After t'.e etidenee of Sir A. Duild, a verili.,l wag taken far the one 1.L414,1g, with Ilu:cly to mur.: ha a nutrautt tot a point 01 law. The late Mrs. Garrick W. 15 so ctms , intis of I•er ap proaching dissolution, that she ortlered the ►Leets whit h were on the bed whew Genie!: di,tl, ati,l whisk were sera' nloasly ebs:rved by her, to he aittll aol put upon t e :.ed. Wlalst the ser est was thiin; ibis tliv uwip;ze:: it; bei ,!WH. I II 1