The National Register. — London, England, 1818-07-06 00:00:00

L IV INTELLIGENCE. COURT OF CHANCERY. AC COMPTATIT GLNERAL. Uismt the motion of Sir A. Piggott, it wait ordered, as vernal, that the Accomplant General's Office shmilei he shot from the Ilth of August to the day of the First Seal before the tiet Michaelmas Term, in order to give him 'MK to tuoke up his accounts. VICE CHANCELLOR'S COURT. 15tritovEmpAT IN PRACTICE. In the course of some observations which thellee Chan cellor made, in refei elle& to a upon of the Master, in whet. the Master gave his opinion against the validity of a title an t state, his liononr said, that he thought it would be a great improvement in pra:•tiee. if the Master, in his report, ►honld always state the grounds of Cs opinion. The Court might then effectually judge of those grounds for itself. lie arruidingly ilesiroti the Itegisisar to snake a memorandum un this subject, that he• might suggest Etta the Lo►d Chaim I lor. Groileuien ef the Bar who were then present concur .ced. in the Mita) ot Honour's suggestion. COURT OF KING'S BENCH, ‘. t . E.IONICSIII %V. JLLY.I. JOHN ROGER 3 V. PARR POI.K IN. Trespass-ri et gnosis for an assault and false imprisonment. 'The declaration stated,that on or about the tad' March, Isis, the defelidant made an assault upon the plaintiff, and inipri• soiled hint for a certain bee of days, by means of , which the plaintiff wee tunable to carry on his lousiness, O:c. The 'defendant pleaded not gnilty. Me. Gurney observed, in opening the facts, that they would .demand the must serions attention of the jury. The plain tiff, a jets eller, sought a compensation for a treat injury in flicted upon him by the defentlaut, an attorney of the Court. There had beets dealings between the parties long before the date of this transaction ; and in the spring of Itll7, Mr. Ro gers, who resides in Pall Mall, became indebted to Mr. Popkin, of Peam street, Soho, in a considerable sum upon bills of exclingg. The latter took :the security of a *anent of attornev to-confess a judgment, empowei lug him to Atte oust exec:tithe' against the plainties person and property ; but in the coarse of that year the iehole sum due to the defendant was discharged. Mr. Popkiu •had, however, taken the pre-. caution of enterifig op his judgment, and had lodged the war• rant of attorney in the sheriff's office, that his claim, if any, might be prior to that of any other creditor. In Nov. Intl.. all aremints between the parties were closed, and the not °u sing a shilling to the defendant, required that the war relit of atzoriley should be given up to he canrellsid ; hut Pupkin evader; the demand, observing, that it hail br cu filed and could not be removed, bust the plaintiff need not b e under any appreliew•ion about it, as it was dune with. The plaintiff and defendant up to this period had been on terms of friendship, but b,tis cell Nov. Isl 7 and larch-Isis they differed; the jots world he ao3le hew dangerous it often was to excite the enmity of an attorney arierA v.ith power, and disposed to exercise that power unjustly and ; at lea:t the facts of this case proved that it was extremely pe rilous, for on the !Mit of Minch last, without the s light e st previous intimation, or a siousent's notice, without china even of the smallest amount, the plaintiff aas taken into custody at 4he suit of Mr. Popkiu, on a writ for Ili H. ',ethics the sheriff's poundage. This conduct could nut but excite the utmost aratouiehment, and it proved of the utmost inconvenience to the plaintif f , who was in trade, and A% hose presence must be 'necessary to the due conduct of his a& A. No bail coned he given, fur it was not an arrest upon menne process; and it was a month before the e iencesur tit of the term, when the plaintiff might have been relieved by appaeation to the Court of hints Ilesich. This Mr. Popkin well knew--his purpose '.I. to keep the plaintiff di long as pore ible in confinement. and, it possible, la ruin him by it. He refused to enusent that the inoiley should Ise placed in the hands of dm sheriff, to abide the event of any proceeding ; and the plaintiff was compelled to take out three mons ))))) Ira a at a judge's chambers, before lie .could he released from his state of durance. It . Popkin had only wished for the safety of bus debt, h e .night have appeared to the first, and consented to the dis charge of the party : bathe delayed to the utmost es t en t ( net being voider the necessity of appearing before the third silo, mons), and at last resisted the application. Lord Elleillm rongh (the only judge in London, floe not of the bench thine upon the circuit,) however, directed that on depositing the money, the plaintiff should be set at liberty. This proceed :re °mailed iw less,..hasi eielit days, from the,l3th to the 20th of t larch, during which the plaintiff was in a lockotpd se in IVarwick-court, it,dhoin. As the plaintiff was perftetly certain that .he did not owe a farthing to flue defendant, either aspoe tire warrant of attorney on a hick he bad taken out exec .1110t1, or otherwise, lie applied very early in the term to s,:t aside the jniinteut. and after some discussion it was deemed exoedient to refer the matter In MI. Reader, the barrister, who linally made Isis award; declaring that there was not the least pretence for the debt on which the plaintiff had been arrested anti imprisunid by the dethiolant. What teen could be said tot) severe of Who had b een mi ll i , / Of Bach unheartLesf Oplire•44oll ? above a ll, a hat „„i d b - a said of an altos ney of the Court. alio had proceeded against Lis better knowledge, merely fur the gratiticetion of his own dark malice? that malice had actuated Mr. tr op kn i, was ohvi. oils from the whole transaction ; hut if any thing wi re want_ ing :11 1111/1e it beyond COiltrilltiCtitill, flue deli udaut I self hues s n i iiiiied the evidence; for he had avowed to a Mr. Kelly (the' next door neighbour to the plaintiff) that his pur pose was to unit, Mr. Roger-, and that faillire mast be the consequence of his iwpti.ouuscnt. The plirtifitl, therefore. Lad a triple claim to compensation ; tint, the 'slimy and sof. tiering lie had sustained ; next the consciousness of th e de. froulaid that he was acting illegally and missal rantably ; am' lastly, the black and inveterate malice by which it was clear he had been actuated. Mr. Alexander Kelly, of No. 5, Pall Mall, depneed s t h at never having seen Mr. Popkin before, he called upon him respectiiia two bills for 501. each, which haul been presented Ws brother, and %%Inch were accepted by the wrinega the the plaintiff: for one of them the Wiillol3, had expected that the plaintid would have ps us iils ;I. Ile saw Mr. Popk in at his house in I)eamatreet, Sohn, woo advised him to pay both the hills, as four action* soould be brought upon them, and lug would ultimately be tailed upon to pay the expl'ller!.. 'flue witness asked alt. Popkin if he a ere not on friendly thins. with the plaintiff; to which lie replied, " N 'pith the ri ycrse ; root to enmities: )on, a hid I 4111 gs.iug to do." He these pinitured a writ, °WA iviiig, that it was an execution against the and that lie .!towed it to the witness in conlids nee that lie a ould tell icdsorly. lie added, that the plaintif f had used a Mr. Mos:land very ill, in seising I • with a copy of a writ for tIl." Allow use to observe, (Itu eoutinued,) TIIE NATIONAL lIMBTER that in the event of Rogers's failure, a eireontstaucc not im probable. I preselne tli whale terpensee of the four actions ve ill fall tipon you." Cross-examineel.—Mr. l'opkin's brother tante into the office for papers during the eouversation; the witness had di-- dined on the cants (lay what was told hint in confidence.- 114gei s had been a bankrupt :UMW years ego ; the witness had bought a lease of hiin, and paid a intall imps oved rent of 2.5 guineas to him; bet the remainder, 2101, he paid to other persons. lie did not know that Popkill's brother bad pre sented the two bills fir ,501. on be haired :Rodent'. Geo' ge Duke produced the ea so for Intl. liht. 3d. tinder which the plaintiff had been urreried on the latio•of March. George Wilson. the officer, proved the caption. Rogers admitted that lOU guineas of the debt was for money lent; but he added that he had been mad^ a bank ruptsince. Mr. Henry Holditch and Mr. Searle proved the various proceedings with regard to the summonse.-, to the application to the Court of King's Rend', and to the award of Mr. Reader, which was proved by Mr. Roe, that gentleman's clerk. Mr. Searle, on cross-examination, admitted that the arbi. trator Rogets had etatnl that •he WA been indebted to the defendant behre Isis bankruptcy, and that he (Rogers) bought the stamp for the warrant of attorney. The billed the wit nest atuonnted toll4l. pletintitf's ease having closed, Mr. Topping, for the defendant, took an objection to the form of the ac►ion, con tending that as the writ on which the plaintiff had been al. rested had not beets bet aside, trespass vi et ormis would not lie. Mr. Justice Abbott was decidedly of a contrary The defendant had aot pleaded the writ as ayastification, only generally not guilty. It appeared by the award Unlit was directed to lie set aside. ft . . Topping submitted that the defendant had had nothing to do with the arrest; he had nit rely put the writ into the band of the utfieer ; and it had been settled that a plaintiff was not liable for fal•e imprisonment, unless he wa► actually present at the arrnt at' the part•. Mr. Justice Abbott.—.lle is uut liable fur any irregularity by the officer, but ibe is liable for the act of arrest, if it be . . 311r.'foppii,K then eddressed Itintself tc tbe jory, contpoiling that all the facts were not and could not be name ikon, and regretting that the arbitrator had on thant;ltt lit to ZiVe mis directions whether the present action -hottlil lie !nought. ffe agreed that Mr. Kelty's evidence, the chief _toned for im puting malice, wa. n o t credible; or, at all cvcots, that he had broken the confident e reposed in him by the fief, ndant, to hom lie came for advice. Mr. Justice Abbott, in summing np, went throneli the les thuony ; his Lordship did not see any reason for ru fusing cre dit to Jr. Kdty, a respectable tradesman ; it did nut appear that he had violated any confidence ; he had not sought it— ouly after the defendant had shown him the Writ, lie said that he relied upon him not to mention it again, hot no promise WAS given. It was much more pi obahlc that the defendant had vpaken imprudently, than that the o itm ss had swoon untruly. It appeared, that the had been unjustly confined for seven or eight days, iboug: , Mr. I , opkin, with perfect security to his own claim (if lie hail had any), might see released hiss ow the third. Under-these circumstances, t was peculiarly the province of the jury to assign reasonable and to eumpeusatinu to the party fur the injury be had received. The jary consnlted for a few minutes, and found a verdict for the plaintiff-1)&1)1am 8441. It was admitted on all hands in the conrse of the proceeding. that the 1811. I2s. 34., deposited in the hands of the Sheriff, had !wen repaid to the plaintiff, with coals, according to the award of Me. Reader. THURSDAY. CURREY AN:11 oTHEns V. wirdmir. The plaintiff's, who reside near Thirst.. in York%hire, brought the present action to recover from the deti•udaut, proprietor of the Glasgow Mail, the soon of i.M01., being the value of a parcel introsied to his servants, and for %hick they had in ver accounted. The short facts plowed were the following:— The plaintiffs being de.iruns of sciiiiing 2001. to London, ad. dressed to Me.•r.. Smith of Bow-lane, went to Me.e.r.. B r it. ion mill Co. the bankers at Ripon. (►n making Ihe necessary deposit, a ti r. Robinson, clerk 141 Button and Co., put tip in a parcel 1601. pound in one poniot, :sod tot. in tw o p oun d Bank of England note•. Ile addressed them as directed by the plaint ills, and canted them to Mr. Far; ar. the post•master at Ripon, stating that it was a packet of sable, and teg n ••sting that he would send his boy with it to linruinglo.bridge, that it might go by the Glasgow mail, parcels for which were hooked at the Crown-inn. Fa agreed to send big boy. but 'dosed to be answerable for the safely of the parcel Robinson answered, that that was not st matter .of doubt ; and the boy, named Sturdy, took it accordingly to Stint's, the Crutvu•inn at Borough-bridge, where lee 'paid 2d. for booking, and ?a. thi. fur the carriage. The package arrived in London, but was there stolen by a cleik of the defendant, at whose lodgings the envelope was found. These particulars wcte prayed by Robinson, Farrar, cud the buy Sturdy, called on tilt' part 1/f the plaintiffs. Mr. Scailett, who wa♦ for the deti•n•lant, cross-eaan►ined them, as to their knowledge that a Retire nas posted in the coach-office at Rurouglibi bilge, that the proprietors would not he responsible fur any parcels delivered to their cart• ab o ve the value or finless limited 'Accordingly. itultiosou Admitted that he had heard iif the existence of suck a noilee in general, but nut as applied to the Glasgow mail in par. tieolat. Fat rim was nut ainpiaitite4l with it; and Sturdy, the hay, .gore that be had seen none in the other, though it was admitted on all hands that it wits pasted against the wal in large chararters. tie had never said that he hail seen such a :moire, but ha had observed it since the loss of the parcel in questi:m. Mr. Scarlett, in his address to the jury. argned, that it was to be pre.nmed Ilan the agents of the pima; itts were acquaint ed with the existence of the notice. The object of Sending parcels like this by coaches was to avoid heavy postage, whack as. ehai gel upon every single note; and if parties, fur the sake of saving a little n ttttt ey, chose to run the risk, they must *bide by the consequence.. Mr. Justice Abbott, in slimming np, observed, that the object of these no:ires by card, rs was to do assay jib their common law :iability ; hot they woohl still or • espottsible, unless it wen. shown that the notiee had come home to the knowledge of the party transmitting. It Use jury found that that knowledge es isle in the present e.tsr, eit het to the pLert. tab., which was not contended, or in the agents they lied rm. ployed to take the parcel to the euacit others, they would tied a verdict ter the defendant. The Jury deliberated for vent time,and at leugth returned a veidiet for the plaintitii,2ool. r JULY 6. counT OF EXCHEQUER. THE ATTORNEY GENERAL v. COATE‘. Mr. Danncey stated, that this was a prosecution com menced at the instance of the Commissioners of Stumps against the defendant, who is a printer at Wirksa ot th, in ' Derbyshire, for the recovery of two penalties of 101. each. far selling unstamped Almanacks. and of the sum of if. Jos. being the anlibont of stamp duty upon a quantity of m inujiar k, printed by the defendant upon umilamped paper. That lite Co 1111 l dssiOncrs of Stamps had great reason to believe that very extensive hands had been eonaviited upon the Alwaerack Unty of late years ; that the present defendar t was suspected of having been concerned in these !mullet , * for many scars past ; and that the offence would be satisfacto rily proved by the witnesses wlwot he. should 110 W call. J. Meabur stated, that he was a shoemaker residing at Mapleton, in Dra byshire; lie went by J. Potter's desire to Wirksa or* on the 23d of November last, and purchased three quire of shim, (a cant word for unstaniped Abnatiacks). of J. Coates, and paid him Is. 2d. per quire; he a tilt again on the 2d of December, and purchased three glares mole ; and again on the 9111 of 1)m:1.mb( r, and purclia,ed three gni, es more: the Abetanack is called •, Pubis's Watt h;" he delis ered the whole of the Almanacks to J. Potter. J. Potter, (a Stationer residing at Ashbontne, and as Agent of the Stationer's Company in London, aho arc ma. terially interested in the suppression of this species of fraud stated, that the unstamped Almanacks produced were those which were di livered to hint by the last a itness. The Chief Earon said, that the ease way clearly made cut, And the Jury found a verdict for the penalties, slid the amount of duty, BOARD or EXCITE, JULY 1. KING V. Glt The defendant is a brewer, residing hear Watling-street. — On the Itst of Nlac, he was detected by W. Ito, er, an officer. using some liquid, tine the imipove of giving his beer a high colour. Theie was a quantity of the liquid found, and it was stated to lie burnt sugar mixed with molasses. In the delilice it appeared, that he had not long followed the trade, as lie had been a brewer only one year He said, that lie was ignorant of being liable to a penalty in conse quence et' using such liquids. He was convicted under a penalty of 31. THE KING ♦. 51 iNN. The defendant is a wine anrretiant, am! on the 2;th of April, he was asked to *end IU9 gallons of wine to a Mr. Mears, who resided in the neat street to him. Vi hilt. it ts AS convey ing from the ilea'ilutant's premiss to Mr. Mears, the officer* discovered it and seized it, in consequence of no permit being with it. J. Brian, clerk to Mr. Mann, roved that on the 251 h of April he had written a requiry for a permit, of whirs the note was in the book belonging to the emilKing-home. ft happened to occur on Saturnay, and as Isis lossimss him to go collecting on that day, lie put the reqssicy into his pocket with an intention of promising a permit for the wine in qnestion. On going for the permit he sort a man who was to pay some money, and having forgot the regnirv, which re mained in Isis pocket, he proceeded through dilterviit parts of the town collecting. Tln• book was prodne•d, and it %Vil proved that the owe of requiry tier the permit was niode pi ior to the e. he wine Wa4 therefore ordered !ti be restored. The following publicans were convicted of having in their possession spirits, which being under proof, were forfeited J. P. Mac*(dry, who resided in Smithfield ; T. Taplin, who keeps the sign of the Ship, in Jaines.street, Coveut-garden ; W. Irby, of the sign of the Mapes, Duke-street, Lincoln's Inn-field% ; anti S. Purney, who fires at the Bull's Head, in Whitcchapel. KIV; V. NICOLL,. The defendant was convicted of having an unlicensed still in full work in larket.street, Islington. He was ordered t• pay a penalty of Tilt Car cr4wrcit 'Mt nnt.nuns.—'fuesday evening. at unite labourers were cleaning out a pit at the back of Mr. Luton's house. in Greenwich, they found a large iron hammer, corresponding with the description of that with which Mr. Bird and his housekeeper were murdered. It was brought to Mr. Dignell, the solicitor, who took it to Mr. Mimic. at Bow attest ; when an order was given that every exertion should be ntade to find out the owner. DUEADVI•t. St'ICIDE AND ATTE I IPT—TIititS4II7 morning, about one o'Citiek, the attention of one of the sentries, stationed on the Pagoda Bridge in St. James's Park. was attracted by two females, who were crying, conversing, and shaking hands with each other, and in a very distressed condition from their ap pearance : he took`no farther notice el them, and marched backward and Unman" on the badge, till at length he saw them salute each ether and part ; one of them went to one side of the bridge. and the other proceeded to the opposite side, and, climbing on the balm trades, hung by their hands ; the sentry instantly ran to the one who was the nearest to him, and laying hold of her whilst suspended from the outside of the balustrade, effected his pm pose in saving her life; during this interval, the other woman threw herself into the water and was drowned the soldier gave the alarm, and some per sons cantle to his a,sistance, to whom he related the Cale, and with difficulty the unhappy woman that was saved was or.riveyed to the worklant:e. Drags were immediately provided, and in about half an hour after, the body of the unfortunate -.roman was got out, but was quite dead aml was carried to the workhouse for the Conine!** inquest. The unman who wits saved gave the follewing account at the cause of this melancholy circums'ance :—She stated her name to be :Mary Carpenter, and her husband is a soldier in the Guards. The other wotoun's name is Awger, and her husband is in the same regiment; th a t t h e d ecease d and she were comp:mions, and brought the greatest distrets on themselves by drinking, in consequence of which their husbands would nut let them come near them and maintained their children tnen:selves. They had been out drinking all that day ; and not having a lodging to go to that night, and not being able to procure one, they agreed with one another, (for the purpose of ending their miseries.) to drown themselves, and proceeded to the Pagoda Bridge for that purpose, whore, after shaking hands with each other, they tarter!; Lut the sentry observing their intention, ran and prevented her front throw. ing herself into the water, while in the mean time the other effected her purpose. She said that she was still determined to carry her intention into effect, as soon as ever she had her liberty. She scant d in the greatest disness, having no shoes or s)nckinp on. and only a gown, handkerchief, and bonnet ; and about SO years of age. Tuesday as the men employed in pulling down the a orkshop of Mr. ‘Vilson, situate on the wet side of the Waterloo-bridge ro‘ul, near the Strand, sere proceeding in their avocation. a heavy chimney fell down with a dreadhil trash, broke through the roof beneath, and had well nigh proved fatal to several of the labourers ; fortim.aely only one of them was seriously injured, his leg being fractured by of the beams falling on it. The occident occurred - through cutting away the joist which supported the chimney, of which circumstance the mcn were not aware. A few dap since the fireelanip explod e d in a c o al w or k at D on . niritton Shturthate, anal oul u.eu were nearly burnt death. iin._ el t ~1~