The National Register. — London, England, 1823-05-05 00:00:00

ME FROM TUESDAY NIGHT'S GAZETTE. eammemona Arthe'Court at Carlton liouse.therith instant. •Preill t, the ting's• Most excellent Miljesty in Council. His Majesty having been pleased to appoint Major General Sir Iliward Barnes. K.C.8.. to •be Governor and.Cummander in • Chief of the island of 'Ceylon, he this day took the oaths as Go vernor of that island. His Majesty inCsoncil was this Kg plamsd to 'tit Arthur Marnarneint. of LangoedCastle. 'Esq. *hi dr the county of Brecon, in the room of Charles Prig:Med. at Thswaltsr. Esq.; and John Wynne. of Meyarth. Esq. to be Sherif at the amety of Merieneth. in the room of John Wyassa.of Quaint. K.q. BANKRUPTS. •R.Dodd, Manehester, painter. 'Solicitor, 111r.eatiye, •Chats eery Lane. W. Lamer. jun.. Southampton. plater. Sala. Messrs. Slade and Co. Bedford Row. DIVIDENTIS. May 23. T. Clive and S. Richardson, Tokenhouve Yard, met , •chants.-24. P. Lawson, Downes', Cumberland, mm factor- 24 M. Abitbol, Bury Street. St James's. merchant-. 051. P. and C. A. Thomson, Tom's Coffee House. Conlin'', wine merchants-- 26, J. Shackle. Milk Street, Cheapside. hosier 44, W.ll utlson, Street, Camberwe4l, bricklayer-21. 'f'. Beason and R. Bishop. Aston. Warwickshire. brats founders-2G, J. Tunny, Sedgebrook, Lincolnshire, and W. Bates, Ilalifax, Yorkshire. merchants-24. Q. and J. Dick, Finsbury Square, merchants-. June 3, J. Callow, Prinee'stirreet. Soh.), medical bookseller. CERTIPfCATES to be emmod May In J. Alder's', .Liverpool. grocer.- W. Ramsden, Leeds, victualler FrSinkiin. Ladydown, Wiltshire, fullcr-E. Chapman, Bridgewater Square. leather seller...W. Wells, zrightwell, Ilerkshire, fanruer-W. Meilen& Plymouth, printer -B. Cop ley. Doncaster. iron founder-B. Ealand, StourbriJge, Woreerr tershire, batter. LAW I N TELLIG ENG E. -COURT OF KING'S BENCH. .MONDAY, APRIL 28. Mr. Campbell moved that • person named Joseph Garrett, osommitted to prison by • magistrate of the county of Stafford, on a charge of manslaughter, might be admitted to bail. The circumstances were these :—A person of the name of Isaac Whitehead, had tresi,..seil on a field in which geese were kept, nod through which there was no thoroughfare ; and whilst in act of climbing over a fence edjoining to the Birmingham renal, Garrett att-ittpted to lay bold of the deceased. who struggling to exiticote himself from Lis hold, accidentally fell *tick auto the water, and as he, Garrett, had never learned to swim, all lie could eo watt to call fur aaai.tance, which arrived too late ; a surgeon was likewise sent for ; but the deceased basing been aoove ten minutes in the water, Isis exertions writ toeffeeloal• The learned counsel slated Dirt, a coroner's inquest having ant upon .the body, they had returued a verdict of '• Accidental Death ; notwithstanding which the magistrate in question had committed Garrett on • charge of manslaughter. The defendant has a wife and seven children, and is unable to defray the expeece of being brought up ender • habeas carte. On these grounds be moved that the said Joseph Garrett be ad • witted to buil ; and that the proceedings of the coroner's inquest be breuglit into this Court by certiorari, in order that the defendant might be thereupon discharged. The Court granted • rule Nisi. THEiLltiO V. THE UNIVERSITY Or CAMBRIDGE. Mr. Setgeant Len. showed cause to a rule obtained on al former day, why • Mandamus should not issue in the University of Cambridge to append Thomas Jeplison, Esq. Professor of Mineralogy. The Court directed the further bearing of the argument to come on the first thing to-morrow, and then adjourned to sititt Nisi Prins, on causes its the first instance clti,fiy undefended WEDNESDAY, APRIL 30. ' THE MING a. BOWER. A role had been•obtained, calling upon the defendant to spew cause why lie refused to serve the office of constable in the borough of Lancaster. • It appeared that Mr. Bower refused to serve after he had be,:n called upon in the seguhar way by the corporation -to exe cute the office, and in cuusequeoce of that refusal paid a line •:' 51. b.. Bd. The Solicitor-General this day contended, that the defend ant hoeing paid the line, was justified in considering himself released. The Lard Chief Justice cad the Court, after hearing the arguments on bolls aides, decided that the payment of the line did not release the party from his liability in dischare the :intim: of the corpnrstion. It was intendedito in wee a prompt obedience rather thee exempt the putty. SENTENCE OF TRANSPORTATION. WRIT OF ERROR. Mr. D. F. Jones moved a writ of error in this, which was an indictment at the Quarter Sessions, remoied into this court by certiorari, for a interlemeturour, on which the defendant MA* 44,Irsead 6e:lty, and sentenced to transportation to New South THE NATIONAL REGATEtt Wales, or ore of 'the Weida adjacent."' The learned counsel then said, lie moved upon this ground--that the above sentence was imperfect, itiasmunb asilie several acts of Parliament sow in force authorising transportation. but that the sentence should ram thus:—.. to such place beyond the seas as his Majesty in council shall think proi.er ;• or to suds place as the King stall appoint." Lord Chief fustice.—Your objection to She sentence is in point of form only ; I don't say, however, that The defendant is net enti'led to avail himself of mach informality, but as this . is a matter that demands contideration, the court would direct that it should be solemnly argued, by calling on the Attorney I or Solicitor-General to skew cause to the rule. Mr. Jones requested it might come to be argued this day se'onight ;to which the anon agreed. Reis Nisi granted, • Tilt ZINC o. TIMMAS RAY& .• This was a cenviction of Mr. Kaye, a master clothier, under • 12 Ceo. 41., a 34, Itir ',tying a workman in goods instead of money, in contravention of that rot which was painted to pro tect workmen from the evil of bring compelled by their nits ters 'it take part of their wages in goods. In this case the master originally coutraoted with the workmen to payle goods, and the question was—whether the statute prohibited such a contract, or only Wheled a penalty on the muter who, having agreed generally with his servant for wages, paid him alter wards otherwise than is money. Mr. Solicitor General, Mr. Comma r segment, and Mr. Tin dall argued that the statute prohibited all payment etoept by money, even when auell satisfaction was gives in pursuance of a previous contract. Mr. licarluit and itle.-Littlechle contended, on the oilier side, that sects construction would be absurd, unjust, and io mauifes restraint of commerce. The Court suggested that there was a technical error-in the conviction which wan fatal, lusamach as the words of the sta tute were not pursued. They therefore cowshed the proceed ings, without giving soy opinion on the mein point raised for their derision. After the judgment had been given, The Lord Chief Jestiee restarted, that the eels en the im portant subject of masters amliproirketea were extremely cal cult to construe, from the uncertain wording aid the come plesill or their prosiaioe*. As be observed three gentlemen engaged in this case who bed seats in Parliament, ke hoped tae might effeually draw their atteation to the state of a. brands .1' the law so important to the public interests. He thought it right to point oat the evil, but he would not presume to suggest the remedy. tHE ttens u. SOHN hanetroatt. This ease which has cashed very cut.sidereltle interest in , the county of Flint, came an - to-day oa a rale to show cause *by an order of Justices for that roenty &mold not be quashed...-- The order was for levying MI. es. 6d. bra county 'Mooted applying the same to the repayment of monies advanced for the UM of the county by Messrs. S.nkeys and Lloyd, bankers Holywell. The frets of the ease, as they appeared on the former proceedings in this Court, were shortly as follow t—Mr. Wynne, the late t for the county of Flint was empow ered to borrow 1,0001. for the prosecution of certain er.tarty works. Messrs. Sankey and Lloyd, bankers, on the faith of this poem., advanced same from time to time, and received payments from him—and, though they advanced more than 1,0001., the sum in arreer at any one time never amounted to that sum. Mr. Wynne became embaressed—bis accounts were railed for, and his life came to a sudden and melancholy alone. At this time he wait indebted to the county between four and tire hundred pounds, and the balance against bun on the county account with the bankers was above 2001. The order in ques tion, was mole to provide fur the remuneration of Messrs. Sankey and Lloyd fur part of the sum thus advanced by them, on the supposition that they possessed the security of the county to the extent or 1,0001. The court, without hearing the cuonsel against the order, expressed their opinion that it could be supported. It might be a herd case to Messrs. Sankey and Lloyd but if they had not continued to make the advantages, Mr. 1 / 4 'Vynne's default would not have been evident, and he might have been called on to refund the sum which was due at his bands. Bevides, they could not direct an assessment one year for past expeuses, and therefore the order must be quashed. Rule absolute for qualifying the order. FRIDAY, MAY 2. THE KIND V. CHURCHILL. The defendant was brought up to receive the judgment of the Court, having been found guilty at the Kent Assizes of a misdemeanour, in making • signal oii the coast near Polkstone, for a smuggling vessel to keep off, and thereby avoid the revenue officers. Mr. Justice Bayley delivered the judgment of the Court ; and having animadverted upon the mischief which must arise from open defiance of revenue laws, aenteneed the defendant to be imprisoned three months in Maidstone gaol. fox .KING V. NORM*, The defendant also appeared to receive the judgment of the Court, hawing been found guilty of • riot and rescue of his brother, who bad been seised by the officers in a smuggling transaction.—The defendant was sentenced to be imprisoned six months in Maidstone gaol. COURT OF COMMON rLEAs. TUESDAY, APRIL 20. Nis Majesly's warrant, pursuant to so act of Parliament passed io the second year of the reign of King Ceorge IV., empowering the Judges of thin Court to sit in the vacation be tween Easter and Trinity Terms, at Sergeants' Inn, West minster, or any other convenient ',lave, to bear and determine 'dame, whether on the Pleas or Crown side, was read, Tke Lord Chief Justirie laid, that with reference to his Ma jesty's warrant just read, it was mnterial for the despateli of business at the end of the term ; and there being many mat lets now pending from the accumulaticu of causes which other wise cannot he despatched during the present Easter Term, it therefore became expedient that two or more of the Judges should sit in Banc after the Terms of Easter and Trinity.— W kilst hi► Lordship would sit to try causes at Nisi Prima in this Court, the other Judges would be in an adjoining room in the Guildhall of Westminster. On Wednesday the Sittings after Term would commence at Westminster ; and on Thursday the Court would adjourn to Guildhall, London, where it would sit for a week, and thenteturn to Westminster. BAINES e. SBEARMAN. This was an adieu brought to recover damages for slander ous words, in which the defendant had imputed to the plaintiff that he had set fire to a mill which he had rented. The case was tried at tile last Summer Assises before Mr. Justice PArk. It appeared from the evidence that when the plaintiff's fa mily were roused in the morniug by the alarm of fire, it was found that two panes of glass had been taken out of the win dow in the parlour, • pistil was found near the premises, and there were some oth.r circumstances which gave ground for that belief that the lire had been caused by an incendiary. The proof of the slander was, that on the market day the 'plaintiff. his brother, the defendant, and some other parsons, being together in a public house, the ootrversetioe tamed epos the fire, when the - defendant, addressing the plaintiff, seed weeds to the following effect :—" It barn been reported that I et my brother, or you, let fire to the milli for myself I tan swear that I did not, I am sure my brother did not, audit tumid only be yeti." Upon this the pleintiff 's brother observed, " yoi might as well say at once that my brother did set tire to the mill," to which the defendant replied, " well then d—e it I do say I believe that he did set fire to it, and 1 shall not be lieve otherwise until be prove' that be did not." - The Jury gave 1001.•damitges to the plaintiff, which verdict it was sow coutended wee not warranted, by the evidence, inasmuch as the words charged had not bee. sufficiently proved, and that their import, supposing them uncontrsdicted, was equivocal. The Conn declared themselves of opinion, that the whole qoestion had been properly led to the -Jury, and that. they saw no sufficient grounds for disturbing the verdict that had been • given. . - - A tote for a new trial refined. MIDDLESEX SESSIONS. ADJOURNMENT DAY. PALMER'S PEINOIPLES OF NATURE. THR 'RING sosreu wanton. The defentlmt stood indicted for a profane libel of and concerning the Holy Scriptures, sod calcu lated to 661'one-same into hatred and contempt. William Smith stated, he is a Row-iireet ulcer; on the 6th of March last he went itatifthe defendant's shop in the Strand, and asked for Palmer's Prinetples of Na. tore." The defendant' said he had not-pi it separoe, hut bound up with "Tie Defst." Witness accordingly pe : the 'nice, t/s. 'fur it. Cross•examined by the defendant.-.-Has been a POlice Officer four }elm There was little [my in the shop wide the deiintlant when witness bought the boot. The passages were read by the clerk. Purton, ninother Bow-street odicri, was called. Se• vital questions were put to h in by the defendant, to Which he would not return direct auswers, alleging it did not concern the case. • Mr. Bolinnd saA, that was all he had to oirdr on the past of the prosecution. The defendant conducted hi, defence. He was stir. rounded -with books, documents, Ike. from .s hide he s iid he 'would quote passages in the course of his ad. dress he had to make to the Jury. iie the delivery of which be had made sery strong remarks upon the 01.1 Trstaturnt, particularly the 31st of N i hers, which dress forth the interference of the chairman, whnitated no deccnt mats could sit and hear it. The defendant maintained the charge of blusptietny had not been suf. ficiently establisked, and called upon the Jury by their verdict, to nroutotr this book, and not suppress it. The Jury instantly found him guilty. Tim Cnatrutan pluceeded to puss the sentence of the Court upon hint, which was, that he should be impri• suited one year iii the House of Correction, and at -the expiration of that time to find sureties for his gond be haviour for two ye. rsy himself iu 1001. and two others in 601. each. • • - - - - - - ow , UMMIFINE lii -----•. (Imperial Porlimand sentimelireet me 11190 duties which the Grand Jury of Dahlia were caged on to dis charge. Mr.DA W SON rose to order.—He contended thr.t the coirse of examination which the hon. member was pursuing bad no bearing on the question before the House. Mr. BROUGHAM contended be was perfectly in order. It was necessary be should put those questions, th►t the English members might understand the question they - had to decide.— Me bad anticipated this interruption, which only aliened that Ole system pursued in Ireland was so bad, it was dangerous to epprosob it in the most delicate manner, and therefore, instead of haring a torch to guide them in their way in this intrioste and difficult 'inquiry, they were only to have a rush light, which would not illumine them an inch beyond their noses. Sir C. HILL assured the bon. and learned gentlemen be was an►ioes to bare the fullest investigation of this subject. and hoped his boa friend would not interpose to pressed the bon. member rutting any question be thought lit. Att.OGULBURN agreed in this opinion. The witness was then re-called, and the House proceeded to examine him at considerable length. On the suggestion of Sir F. Burdett the (louse resumed.— The Chairman repotted progress, and obtained leave to sit agent ba Monday. Tar IRISII INSURRECTION ACT.--Sir N. COLTHURST hoped, in the present state of Ireland, an early day would be eat apart for discussing the propriety of renewing this act. Mr. GOULBURN said he was must imaions , to bring for ward this subject. but was most completely at dos mercy of the .igentlensen opposite. Mr. HUME said, he bad a motion for the gth, mod he would wee to give that gentleman that day (hear, hero,} if ministers would agree to hie 'anion without a debate.--(A laugh.)— Here the nahject•dsojtped. The otherordirs were disposed of, sad the Meuse etVeirsed. LONDON ADJOURNED SESSION& Johanna Hennesy was trild upon an indictment. charging her with -hawing committed a misdemeanour, in deserting her cnild in the parish of Cripplegate. The case was fully proved by Mrs. Mary Smith, the wife of a publican, at the corner of Tenter-alley,Cdp plegate; this witness heard the child cry, and ott going 11110 the street found it lying alone on the pavement; she took it up, put it to her breast in the room of her own child, and cherished it, until the parish Officers tendered their services. The prisoner said in her defence that her extreme poverty hail compelled her to look about for anstrawylnitt fur the chil.l, and that she had never entertained an idea of abandoning it ; that 1•1):: wailed In the neighbourhood iii which she deposited it, until Mrs. Smith appeared and supplied the place of a mother. cite Jury found her—Guilty. The Recorder expressed his utmost abhorrence at her cruelty, and observed, that if the pont infant load fallen asleep, instead of alarming the neighbours, the mother would probably now have in answer for the lligliest crime. The humanity of Mrs. Smith was singularly contrasted with such an instance of desertion upon who part of a parent. (Here the Recorder burst into 'tears, and confessed his inability to 'proceed with the picture.) Tne Court sentenced the prisoner to one year's ins !instalment in the House of 'Correction. A Homan named Nathan, was tried for keeping a a limit notorious brothel in Still-alley. The prisoner said in her defence, that her house was an holiest and proper place, tend not at all a house for " Ladies and Getiremen." She was Inund Guilty, and sentenced to one year's imprisonment. woman. named Price. who keeps a house of in fante, next door to that of Mrs. Niihau's. was also found Guilty; but Mis. Price was not such a veteran ; she spewed sonic symptoms of contriti 111 l „and was sentenced to confinement lor a month, and her servant was sen tenced to imprisonment for .4 days. y n iro W u t r d morning,i i i n est f l r a o y ntofN ewg a a I cr e, or o d w a i r t: s n e e n s E t s b x t h e u n e T t x r a:i c a lt u of three young men, who had re ceived sentence of death, for the crime of bnrglary--. viz. John Walker, aged 18, Janies Aldridge, aged 211. convicted of breaking into the house of Mr. J. Shipston, of sk a dwell, and of Mr. Wreston, in St. George's fit the East, and of Henry Seaton, aced 26, for a similar armee in the house of Mrs. Catherine Dale, Shad well. Walker and Aldridge belonged to an organized gang of daring burglars, who had carried on their ope rations of plunder in a regular and systematic manner : the latter, Season, had been in custody, and was well known so the Police as a regular ensiles:stall—but had never been tried before. lie was related to a family of the first respectability, and his uncle used all the italu. nice he possessed to save the unhappy . .