The National Register. — London, England, 1820-11-19 00:00:00

rTT ►- 't• .':~ i 1 k • 1 1 L ;1J 0, i - 374 L AL- LAW INTELLIGENCE. COURT OF RING's BENCH, WeassatiesTert, Nov. 15. THE NINO V. DAVISON. p d gu l l iffend a t appeared in to receive judgment, Mr. Coeval. publishing a blasphemous libel. for a rule-to shP.O're judgment was pronounced, moved verdict set aside and a new" iif..-riV the ver observed, it was a singu lar IPSllirtrlo s ho u ld not be o , e. arn a e n d d C ih ot e ti c erc ir l . cu t ustances induced hue hi to regret that the t. porting this apnlication had not fallen to a pe.°l 11110)-1. snore experience. On the trial of this proseculk.. which came on at Guildhall on the 23d'of October, the defendant stated. that being unable to fee Counsel, he was obliged to plead his own cause. He proceeded to read nisevritten defence, and the observations he made gale offence to the Learned Judge, who imposed fines upon bins to tbe.amount of tool. The defendant, being intimidated by thesdread of irretrievable ruin, was nu ..able to proceed with his defence. He omitted many facts and statements which might have been beneficial zee his cause. The Learned Counsel then observed, he should make no comments .of his own, but dischar i se the duty reposed in him, by reading the defendant's affidavit of facts. He accordingly read the affidavit. — The defendant deposed, that having stated, that it was a notorious fact that no gentleman at the Bar would un dertake his defence, the Judge fined him twenty pounds. That the defendant was fisted 401. for stating that the higher orders of society sceptics, and the Bishops infidels Having enumerated the other fines imposed, it concluded by saylng e the Learned Judge, in his charge to the Jury. remitted the fines, on the ground that the object for which he imposed the fines was accomplished. The Learsted.Counsel contended, that the injury dune the plaintiff was not lessened by the remission of the fines. Ilse injury was done—the Jury acting upon the impres sion, which the defendant had no power to remove , found him guilty. It was a question still to be deter mined, whether a Judge bad power to fine for a con tempt. 115 defendant was to be checked by fine, in the making his defence, there would be au end of fair and impartial trialt,---Suppose for instance, there happened to be a corrupt Judge, and there had been some of that description, though fortunately none were to be found at the present day—suppose such a Judge was disposed .to do what a corrupt government required of him, how easy would it be to bailie and confound a defendaut by imposing fines which would reduce his family to ruin. The unfortunate man in such a case, biome down by the consideration due to his family, would be hurried, an unresisting victim, to exile or th: scaffold. The Learned Counseteoncluded by stating, that the remission of the fine was proof that the Learned Judge doubted his au thority to impose them. Under all the features of the case. the defendant was entitled to a new trial. Judge Best —I should be the last person to prevent .the defendant from having a new trial. I will leave my brothers, the Learned Judges, to decide the question, without the slightest interference, and but for the last observation of the Learned Coun sel,i I should not have said one word respecting my opinion and conduct; but the Learned Counsel has supposed that I remitted these fines because I doubted my authority to impose them.— I entertained au such doubt. I never could doubt, and I never will denbt my authority until told by the House .of Lords that I did wrong. The Chief 'duke, after some consultation with Judges Bayly and Holroyd, said, I have not the slit:z e st doubt of the power of a - Judge, sitting at Nisi to fitte for contempt of Courtin his presence, nor have 1 any doubt it was competent for a Judge in some cases to remit the fine, and however painful it might be to impose fines ma a defendant, yet if he cannot restrain him front conducting his defence without defaulting morals and religion, he has the power to impose fines; the propriety qf the act 1 do not call iir questicdh. For the purpose or having all the facts before us, and giving full coutidcration to the question, we are disposed to allow the party a rule to chew cause, in order that the discussion may come on during the present term Judge Bayly stated, that a Judge at Aisi Prays had clearly the power to fine fur contempt. It was a Court Record, and they had the power to flue. As the con tempt was against the Judge, he was the proper person to decide whether it was a contempt or not. The Learned Judge concurred in granting the rule to chew cause. • Mr. justice Holroyd concurred in the opinion •of his 1 1 Learned Brethren. THE KIVU, V. JANE CARLILI. The defendant, Mrs. Carsile, came into Court to re ceive judgment. Mr. Hill. her Counsel, then moved an arrest of judg. went, on the ground that the indorsement on the indict ment was informal. It stated a true bill on two counts, when, in fact, there were three counts. This by lege' decisions was held to be a variance fatal to the indictment. The Court allowed the Learned Counsel to take a rule to skew cause why the indictment should not be quashed. THE KING V. O . itRYAN. Mr. Scarlett moved to tile a criminal informa *o against the defendant, for sending a challenge to a tleman of the name of Elward, brandishing a stick over h um, and posting hint as a coward on the Royal Exchange. The Court granted a rule to shew cause. LEWIS V. CLEMENT. Mr. Adolphus moved fora rule to shew cause why .his inquiry before the Sherd of Middlesex should not by set aside, and toe cause sent back again to assess da • the pleadings mat a poor man was 'osclvent Deotor's Court. In the .10 wnicn the defendant published 'mum was made on the atttxney. o treater damages for a libel, idgment by delault. • • - • ' • r". • THE NATIONAL REGISTER At the execution of the Writ of Inquiry before the Sheriff, the Jury found a verdict for 5001. damages. Mr. Adolphus stated to the Court, in support of his motion, that the Sheriff had refused to hear evidence in justification of the publication ; and that the Jury, having no proof in mitigation before thesis, found a ver dict for 5001. damages. The Learned Counsel contended the damages were excessivk. The Court granted a Rule to shew cause. JEZ V. JoNE.S. Mr. Adolphus moved for a rule to shew cause why eliasohoukl not be a new trial in this case,. on the en ar.tina tought by the a servant, against his master, to -over damages for assault and false imprisonment, The Jo foods verdict for 64 The cause was tried at Guild hall. The plaintiff was taken up on a false charge of embezzlement before the sitting Magistrate at Guild hall, and discharged, there being no ground for the accusation. The Court, under all the circumstances, were of opinion that the damages were not excessive, and re- Anted to disturb the verdict. 7/10TEURZE 17. THE ZING V. JANE CARLILE. The defendant, Jane Carlile, was brought into Court this morning, in custody, to put in bail to an informa tion filed against her by the Auorney-General, for pub lishing another seditious libel. Mr. Beubow and another person offered' themselves as bail, and Mr. Motile required forty-eight hours notice The defendignt remains in custody. . The Court proceeded with questions standing on the special paper until one o'clock, when the Lord Chief Justice sat at Alsi Prima, and tried several CUM. afterwards he was carried up the close. He heard the people call the lad Morrison; he was bleeding. Thinks la was • the soldier first mentioned wise tilled ".{lre:". An old woman then ran and called the guard ' • heard several shots by this time; thinks they were fire d over the window in the garret story. c r oss. e aam ined.-.-Docs not think the soldiers had' their belts or bayonets on; all the soldiers were " agreeable like," or disposed to make peace when they went down the close ; but did not hear the sailors 'abuse the sol diers; but they might have done it from the way the soldiers were speaking when he came up. J. M•linight, cloth merchant, Shaw.street, Greenock,' remembers a riot on the 3utlaof July, about It o'clock 'at niaht ; concurs with the preceding witness as to the --Ole. atuaheard shouts ofAtturilet.i saw the guatd take away two awn In senors utmost i .. ark....„.. person f rom a window say, " Who are your to a man Mats. close, who answered he wa9 placed there by authority; M ne . diately after this a musket was discharged from the window, and the man in the close fell. William Gowinan. grocer, Leigh-street, saw a sailor and a girl, with some soldiers, coming toward Shannon's Close. The sailofgave one of the soldiers a push, and the soldier offered to fi o ht. The soldiers went to the foot of the Highland Close, where there were a number of sailors. One of the soldiers went forward and said, by the Holy Ghost. he would fight any of them. The ' sailors gave no abusive language, and did not seem in clined to fight. to a short time he beard- a noise, and upon going to look, saw two or three soldiers _......... uouce lying at the door where they lodged. At that time he heard a snap in sailor's dress say, he could lick -solin the whole of them. One of the soldiers got into the g . _ o I- 4 7 n. house, and returned with a poker, or othee ' weapon and ' drove hack the sailor and crowd. A sailor, who had v a pair of stoups, struk him on the back of the head, and after a scuffle, the a Morava, knocked down. The sailor was carried into a house ' and the soldiers went into their lodgings, when a number of sailors came up and broke the stoups against the dour. During this time a gun was fired from the window, and shortly after a sailor, named Morrison, was carried up severely wounded. Saw a gun at the window, but not the person who fired it. Heard the watchman Simpson desire them not to fire. and saw him immediately fall in consequence of a shot from the window. John M'Farlane, shipmaster, Greenock, swore to the affray on the street. Saw the soldiers take their fire. arms at the higher window. The crowd made a rattling at the door, and one man appeared first at the window and fired up the close. A great nuMber of shots were fired, but he did not see any one fall. Saw only two of them fire ; one, he thinks, fired very often. When any person " hove in sight," they asked," who goes there!" . from the window, and said they had plenty of ammu nition. A watchman came, and was asked from the window who he was, and told to be off. or they would blow his brains out. He said he was there on duty. when a shot was fired and he fell. Did not see any of them load. Cannot swear positively to any of the of prisoners. Mary Taylor swore to the conversation between the soldier and watchman, and that the latter fell down at be: feet, or within four or five feet of her: she codes. - voured to!ift him up, but was not able.—Pearson, the other watchman, came down the close, and said, " For God's 'lake, conic and assist him," and was immediately shot. Pearson died in less than an hoar, declaring that they aimed the shot avhim. . John MlCorcudale swore to the riot in the street.— If/Gli COURT OF JUSTICIARY. the mob endeavoured to force thedoor, and a shot was —ea- fired from the wiodow above, heard Simpson say, " avast EDINBURGH, FRIDAY, Nov. 10. firing, we are all Kings men as well as you." sHe went *GREENOCK OUTRAGE AND MURDERS. into the House with the guard, and a 'collie ensued. — Tuesday the trial of Robert Surrage, Joint Dempsey, The guard went away to get fire arms, and then searched John Beck, Jos. Elliott, Malachi Clinton, and Patrick the house. and took several of the soldiers. Did not • Lynch, all privates in the 13th regiment of foot, came see any of the men fall. on before this Court, for the murder of Robert Simpson, Flora Muir corroborate the preceding testimony as Henry Pearson, and Archibald Morrison. at Greenock , to the riot in the street, and said she saw two soldiers on the - 31st of July last. knocked down : after this firing commenced, and wit . After the indictment was read, and the panels had ness saw a man lying bleedin ; she called to the sold ier pleaded Not Guilty, at the window to cease firing si:l 'she took irs the body. Mr. Menzies stated, that as the prisoners had suffered he answered he would fire. whoever cattle; she retired, considerably from the animadversions of the public I but came back and repeated the demand, when he said prints; and as they laboured under other disadvantages .. as strangers, ni t knowing any witnesses, nor so situated Drag him in then, and be d—d to you." The wounded man was Simpson. as to expect any to volunteer in their behalf, he was Other witnesses were called who corroborated the anxious that Alalachi Clinton, against whom nothing testimony above given, awl some evidenc e was adduced could he proved, might be put on his trial first, in order f avoura bl e to t h e gene r a l characters of the prisoners.--, that after his acquittal he might appear as a witness in After this was gone through, favour of the others. Tbe Lord Advocate addresse After the Lord Advocate was heard in answer , and after stating that be had not' d the Jury at lenath , and sufficient proof in insist Lords Justice Clerk, Gillies, and Mutiny, delivered : Ellio tt , .Beck, amid Lynch, asked a verdict of Guilty their opinions, the Lord Advocate deserted the diet ag ainst Surrage and Dempsey. against Clinton, as his information did not justify hint in Alr. Menzies, for the panels, made an able and in detaining the Conn with his trial. The evidence for geaions defence. the prosecution then proceeded. Alter the Lord Justice Clerk had summed up the M. Mitchell remembers hearing a noise its the High- evidence, the Jury returned a rim core verdict, finding land Close, opposite Shannon's Close, in the summer, Beck Not Guilty, the iadictisteht against Elliott and i about midnight. `V he. he went op, he saw one of several Ly murder of Not proved, and Surra:.te and lientiney G u ilty ei to the soldiers, a tall men, asking the best of the blue jackets two out, sad lie would fi ght diem ; there were five ur six f Simpson and Pearson on l y , motility recommended Surrage to mercy. soldiers, and about a dozen sailors and tradesmen. Al . j The trial occupied 18 hours and a ha lf, and the Court terwards one of the soldiers, a little malt, came up with . adjourned at half-past four on Wedoesday mottling to a bayonet under his jacket, and asked them to turn out . hdl i past ten . and fight ;he did not hear the sailors cry any thing; The Cdurt accordingly met at half-past te n o'clock on they wanted to make peace. A sailor cam W e up, and 1 but mow. Wednesday, when John Dempsey and Ralstrt Storage ofiered the soldiers halt a pint not to wrangle. One of 1 the soldien, took hold of a hoop the sailor had, and said, was brought to the bar to receive se ntence. The verdict of the Jury having been read. Lord Gel " Come away, shipmate." 'the soldier went alongside I of him, and all the rest followed; witness renieitied at i li es tm Lord J 1 le Clerk addressed the prisoners in a the Head o i the close, and shortly after lie heard a noise, . t !S I e . and liird Pilmilly addressed their Lordships, end one of the soldier , ' knocked down a sailor with a ; 5 °•••"'" I I- and twine:live speech. sentence authorised by strata, Toe sailor mac up anti followed the soldier into a 1 His Lordship now read the _ r in _ i..,. (1,.... orge noose; oie door was immediately shot, and people, the Act to prevent the crime of iiiii We __. e r itiet : ld ' y time as a from tie inside, called out they were killing the i That they be executed at Edinburgh on Nv and hours of Eight and pan. Does tiot know the lad. The crowd then began i 13th December next, between th e bodies afterwards given to to break open the doors and window-shutters; saw no ' sea in the morning, and their soldiers at this time; witness ran up the close; he stood Dr. Alexander Munro, for dissection.. men, and or alittle, and then heard one of the soldiers cry " Firer The prisoners are good-looking your, s ge . the crowd ran up tie clue; and said that a lad fell, and peared in grea t.s g ott y of mind, pasucu ar y urns • BEEUI. V POOLE. • This action was brought by Islessrs.Meux and Co., brewers, against the delendant, a gentleman of fortune, to recover the table of a fine dray hosse, which was killed by the negligence of the defendant's servant. It appeared that the plaintiff's dray was standing in May, last year, at a public-house, in South Lambeth road. It was stated to be standing with the side to the curb; but there was some difference in the evidence on that point, inasmuch as it was also given in evidence, that the tail of the dray was backed towards the foot. path. 'l'he cart belonging to the defendant was stand ing higher up the road at the Wheat-sheaf. The horses had their winkers off, and being left alone, they ran off with rapidity towards the dray. As the can passed the fore-horse of the dray, the shaft ran into the animal and killed it. The horse was stated to be worth seventy or eighty pounds. The question was, whether the plaintiff's servants had not been negligent in leaving the dray in an mimproper situation ? the Jury, under all the circu stances, found a verdict for the plaintiff, damages 791. The Chief Justice, after the trial. observed, that it was a most dangerous practice to leave horses with the wink , era off. It was prowl by experience that horses in that situation wen generally disposed to run off. Many ac cidents had been occasioned by that act of negligence.— 'l'he Leained Judge once heard a person, who was in the habit of travelling, in post-chaises, say, " If you see the hones alone with the makers off, get out of the chaise; your life is in danger, u they will certainly run away." Several undefebded causes were tried, and the Court rose at four o'clock. .. ,1 1 • 1 • c,17 ,~ SI hie oil exe St. fu! i