The National Register. — London, England, 1818-08-02 00:00:00

A . ASSIZES. ESSEX. • pfili.COT V. MORTI.UCi AND °THEW/. This important case was tried at the last Assizes for this tenuity , before Mr. li,eron Wood, when a verdict was found for the plailibtf, with damages, to the aliment of 1,2001. but a new trial was granted. The declaration stated, that the defendant !Mortlock, had maliciously, and without any reaeonable sir prohibit cause, made an affidavit before one of the Barone of the Earaiequer, that he and his partners were debtors to the. King, anatliat the plai'''t ails indebted to then' in the - e a l i n t e er.s ; that the plaintiff was us failing eireinnstances; that unless stone extraordinary measure was adopted to comp e l the payment of she said money, they would be the less able to 'Advt) , the Kiiteas debt. That in consequessee of this alhelavit, they rated out a writ directed to the Sheriff uf Essex, by which he was directed to take the plaintiff's body, and to distrait) his lands and goodaahat the Sheriff did execute the said writ, Ly reason whereof the plaintiff was put to ti great deal of l a cenviatienee, suffered muds in his credit. and was greatly touted in hit eircuinstauces. The deleudant pleaded nut Mr. Gurney said, the plaintiff resided at Thaxted, was a farmer nod nusitater; and had a a and eight children. He Ii oh lot inerly beets in very respectuble circumstances, and maintained his family with credit and comfort; bust in douse. (1 •ore of the conduct of the defendants , instead of' being :w what he had been, he was now a ruined man ; his business destroyed, anti himself and hi, family turned out of house and home; and for the last two years and upwards, had been unable to do any thing for the maiutaissance of them. The , defendants Messrs. Murdock, were hanke:a at Cambridge, eat! at Bishop's Stortford, and Receiver General of his Ma jesty's taxes for the county of Cambridge, for the due ills. charge of a hick office, they gave security to the Crown, to the amount of 90,0911. Of the legality of the extents in aid, c,e , NIr.G.) did not meats to complain ; Ina it became a matter of very edam's consideretiou with the Legislature, wife thcr a emintry bunker, uniting the anomalous character of I. utit.rr, and receiver of the King's taxes, should any !cove lie petinitted to sue out the Kiiig's prerogative pro cess. The plaintiff had banked with the defendants, and in the year Isla, he had overdrawn his account, and became their debtor so the amount of about six or 7001. and they were desirous of some seenrity for their debt. The defendants well knew the eirennasteneesofthetimea; they knew the depre ciation of agricultural property, stud they knew that at that tine it was impossible for a man, however solvent he might be iu bin circumstances, to make Ilia property available to satisfy present demands. The plaintiff at that time bad consider able iiroperty ; he carried ow a very extensive Gutsiness as farmer and inaltster,l and he had landed estates, upon which there was then a small mortgage of titsal. In coma:fluence of an application made by the defendants to the plaintiff, lie signed an agreement, whereby he itsidertook to give them a Lund end trxisagage, to secure their debt, upon his landed and other lit °limy. Accordingly, on the 16th of March, lalfa a promissory note was' signed to that tfleet. The agree:man was for a bond and mortgage, mid no more. 'after the exe c-360a of the agreement. the plaintiff's attorney prepared an eh 'tract at' the title to the real property, which was sent to the defamlant's attoiney, to enable him to complete the bond and mort ae. In illiS slate matters remained till the 6th of Ana ust following. when the securities being prepared, she parties and their Ott orisies met together, for the purpose having them usiecuted. Mr. 'Murdock slid not himself atteasl, lint he appeared by his attorney. On that occasion, the latter produced a warrant of attorney, which the piaint iff was ealled mint' to exernte as a raitlier security for the debt, although that WO not been stipulated for its the agreement entered into ill March. Hos% ever, the plaintiff slid nut hp abate to execute all three securities, namely, the bowl, mortgaata and warrant of attorney. These iustnntents having oven thus executed, the plaintiff vet) , naturally demanded his pro. niissory note hack again. It was Hat, 'eta ever, then forth coming, hut it was promised to be deliverel up by Mr. MUtt• lake's :scent, Mr. Hassan, in eight 'r ten days; but is never was given 1111. In the month of March 1917.111 a plaintiff was I occiatis ,1 in pi eparitia his tar nu for seeding, contiaent that he was perfectly severe frons any pecuniary entbarraasnieut in conssapienre of the triple securities lie had given, none of hkli could he put in force before a certain time, alien lie would be in a condition to pay off the silos t gage, and get rid of his liability to the dots ndanta. But an officer came dawn of a sudden from Loudon, with au extent from the Crown, al the suit of Messrs. aloi dock, fonialed upon the very promissory note which they had posttith4v promised to deliver tip. The plaintiff, with that spirit whieli became an honest man, deter. milted not to he crushed so easily, and theretOre resisted the extent its the Court of Exchequer ; and in the result, the Jury found a verdict against them, thereby negativing the exietence of any debt on which it could be founded. It taight have been expected that after the vet diet in the Coat t of Exchequer, the defendants would have immediately aI It. drawn the extent. Bet no, the officer remained in possession until the warrant of ;atonic, became due, and on that day the extent was as 'dish ass n, but the warrant of attorney na, pill in force. The plaintitra furniture and all his property were aold otf ; himself and his family homed house:ass and peinsyless tutu the streets. to ending: all the horrors sit famine and assist, and reposed to the indemeticy of the season. ll 4 l'l'ilY,llirott2 l l the Ininianitv and kindness of neiAlletuis. the Outdid' were taken in and prevented Irian pei &siting jot mast. :several witnesses proved the ftteta of' the cage, and the in. rrs the piaintitt bast reeds ell la his business tlitonalt ,:e cot). t. or the (krondmits, anti the Jury found a verdict fur the phi titt.—Datinierall At Guineas. The anantinceinesit of the verdict pronounced an Itivelan• tars burs" of aliphatic taunt many of the altdstura.--Tbe As. sites for ais county elided. KllN'r -M.‘t P. roN Jt :.‘ 28. Th is Mr. J,e•tiee Abbott cumin( need the iu.!neti: of Ilse Aqs.tie% at the Civil Si.ie, ;Intl )le. Sergeant I.en‘(fir Clieub"ruligh ) stt we Critnia.t! side. Alter thy .I , iry were sworn in, the luarack: Sergeant 5551515eb5eil theas a. f,tiows 5-- '• Gentletnen of the Grand Jnry---1 •.:Atillig to :1011,1hat ttt Illy Ithittire dbutti to he •ttittthsi tel to ion (with poor.? em•t•iitiote , ). 1 Pee tiolle altirh arr, c. " r:,112, ttpenkmg, tit' a trer heittuitp or alatit.ilig uatur • Isw -ware that it 1. rluilr ti.r.st.evsbar.t, for mu, %%11(411 •itiart , !•lll4 ~.eftb•mett of • eli.iracttr and expr Hence in the cutio,y. :I refer )our alletitutoi in i4ll pairiendir II:4111.4 to the n... 0 1, 41 " 1 4 d . the dwieb Oil are now called t-rform. Ditiie.., the illwrian . ..e of . noi, is tt:steidy iniricescd iyoU 'car ilau,l). eu: 6.l4imit itt WI! THE NATIONAL REOSTER. opportithity pass, with.. ot directing your particular atenti" to one or two cases wine:: will be laid before you ; env: of them of that class of offenc.ss known in the law as killing an . 1 slaying ; and the oilier of ilixt class of crime which human nature libbers, and which civilised society justly regards as in the highest degree penal, and us one calling fur the mo►t summary and most severe public example of the offender -need l say I allude to the crime of murder. In the inves tigation of t:lese cases in the insulter in which you are bound to view ilium. you niust take care that in your return of the several hills to keep both crimes distil:la—neither reducing the one nor aggravating the other upon doubtful or incoia. plete evidence, so far as your judgment enablesyott to decide ; always taking care that it is better so to pronounce in the limit instance upon the character of the offence, as to render it unnecessary at a subsequent time that the case should on. dergo two iuvestigations. It is a very unfortunate ciremn. stanee that I arts not fornislied with the whole of the deposi tions. lam therefore unable to say any thing more to yon on the particular eases to which I allude, except what occurs to one front the mere general description of. die offences on the face of the record. But I now leave you to perform your dnty, with the well grounded enufidence, that you will dis churge the important trust consigned to you with fidelity, partiality, and correctness. The Grand Jury then withdrew, and shortly returned with several hills found against persons charged with capital of fences. Philip Smith and William King pleaded guilty to the lesser offence, of having forged Bank of England notes i■ their possession. There was au indictment against them for the higher offence, but the contwel fur the Bank withdrew It in couseqnence of their plea of gnilty to the levier. John Evans was convicted of having three forged Bank of Englund notes in his possession. He was sentenced te fear teen years' transportation. CIVIL SIDE.-WEDNESDAY. THE KING V. REFS AND OTHERS. Tn this case Mr. Rees, an opulent shopkeeper et Chatham, Edwards and Wright, two of his shopmen, and Porcher, his porter, were indicted by J. Balls, a private marine, for au as. sank and false imprisonment in the cage of the workhouse of Chatham. Balls (and a comrade of his corroborated Ins evidence) swore positively that at 11 o'clock on the night of the 6th of August last, as he was returning to his barracks, he happened accidentally to brush by a young girl, with whom Mr. Rees and his shopmen and porter were chattering at their own door s they all immediately ran at him, seized his bayonet, and though Corporal Usic came up. and offered to take Balls to the guard-house, and be responsible for his appearance on the hollowing morning, they insisted on taking him to the cage, where he was locked up all nieltt. Balls said, he was beaten and kicked so severely, that he WAS Collfillell to the hospital for 11 days. The m wines further said, that Mr. Rees ex claimed," (io you d—tl soldiers, yon are a set of vagabonds altogether. 1 pay taxes to keep you, and ill punish you wheneser I ran catch you." The prosecutor said. that the only provocation he gave was that" of being a marine." lio . r the defendants, the watchmen who - took he soldier into custody, a tohoptuan of Mr. Rees. and a neighbour who witnessed the transaction, deposed that the prosecutor was the aggressor; that he had drawn his bayonet and cut Ed. wards; that he had said, he'd •' assault his father or King George if he stopped his way ;" and declaied be did not care a pin for a watchman, as he bad pall 21. for capsizing nue before now ; and the only thing he regretted was, nut having given the fellows tour in:lies of cold steel. Verdict—Godly against all but Wright. VIE SING V. SMITH. This was an infornsltiona,laiiisitliedefrntlant, at the snit or the Attorney-General, fur amniniting Nichols, ituubilliard, an otiker of the enstonss, in the excretion of his duty, at Deal. 'l . 4e taets of the case wire these :—Mr. RonH IliarJ, now a Lieutenant in tilt• navy, and Mr. Pt ate, also a Lielgenutit,and built twlnn. ; ing to his Majesty's ship Severe, stationed at Deal, 'sere sent in pursuance of a deputation Irons the Customs. aided by ten men, to soareli a luger, in the art of landing and seopoterl to contain smaggled goods. lit the attempt so to do, 14e Ll:fondant attacked Mr. Itoabilliard, and struck him a 11:11V1 1.111 the brtart, which made bins stagger several Mr. Ronbilliard'•. evidence was corroborated by that of Mr. Prate, and the defending was found CRIMINAL SIDE. Thomas Farrier was indicted upon the Coronet's invisitiml. (the bill fur murder having been thrown out by the Grand Jury) for inS3l* to kiaing llenry Richard Motels, a child of three years and a half ed. at Alingelh:n., in this county. The witnes,es tit: the prosecution stated, that the prisoner bad mar. tied the mother t.i the child, who tea. , her sun by a former husband ; that on the „tit Lot, the child. having given some cause of °lichee to the pri.x.ner, he shook it by the two anus. asking the child at the same time if he was nut ashamed of himself? The child an swered, " almost immtaliattly alter fill down, when it aas übse:ved that its eyes fixed us if in convids:ons. A surgeon was sear tor, why arrived about two hours after, when he found the child dv mg sh.te, having symptotm of concussion of the brain, and it (hid in seciout V) hours after. A physician also attended. and, coincid ing in opinion with the surgeon, directed the head to be openethwhen ui extr:...eatien on the brain was discovered. which he considered .attiss.d t.t. death. Both concurred that the shaking only could hut have hut, tat efh cr. (hi ‘ro=s-examination by Mr. Pollock, who was Counsel for the pri , tmer, it appeared that the shaking was not so violent is, to excite any imst.rvati9n ; that the primmer aas habitually find of the child, and kind :1 l tt, avid was much at the occurrence.—lle was tiler6ge 34:14.1t:Cd. DOR( 1 - lEITER s .lucv 25. J. (;ailop, aged 29, was iudietrtl for the murder of Priscilla Aron n , an the 11th of \lay, in the perish of Bete Regis. The deceesvd kelt iu a home near Here Itegis, mat hail two chit. di en, a boy idiom eight years of age (Wilo cave evidence). and a little girl tour ears old. 'Elie prisoner eveasitmally cohabited ills her. On the night :shave mentioned, he was observed to ao towards the heats disguised, in a great emit, Adiongli it was a watai The child proved flint his lumber was cAll" ""i I, II" Poisoner, and in about an hour afterwards she airs laord in a lane at the hack of the house.:t girl, eallird Ann 1...A(11.14e, who was standing next door bat elle to dercastti's hie,sll.l the deceased ! the Latii has(' mercy on sue !" and a groan tiillowed. 'the pri- SU tier weal oat i.t* his house about o'clock, and did 1.01 iscluittl until half-past t. n. la the 'nand& of September 1..61 is dr, lie was hegili 1.1 say that he entilil kill a person iti fly.. 10111111 c. (ill a Esailpary)„ and nobody would be the wilt r, 1), in' mg hold of il.en) by the throat and nose; and by show it:g 4 , 11 e ul Ilse wlllt..sttSlloW II I‘ a% done, he materially is.jor).l her. 11"..ri: better the Cormier, lie whispered to thy 1441,11).1d of kis lud,ougs, to say, that be was in bed by 10 o'clock : Lao !vital:sees proved, that on the Ist of May, the prisoner ~, a ii s t k , e ? d . 11 . t h e e s 3 n t t i t t l i te t y; h l l i t ail t iii..;aii.:l,ltiant):ottii:nrj,illillhlie 111.iilli1,01iillaetriZT.: •• • they had gut it about town that Cut Brown was svrt v h . ::ille , 2T him; he would be d---u if lie knew whethe r shet ~r woman; but it she swore the child to hints d-----11 o n uses it A k e ,isii.orn,e,ld.;:ilotroneii)t,reddert.ilititaeltrtithilice.ecitutielalositt,elait,iti:e,ileititt.e,tr4iv'onucti;4:::: I:: er nose were . such "" w er ot l i i i i i t l i m i llo tli t e pr p o r b is a o h n ly er " Zei a rt e d u ;1 1.1. p t' o nl n 1 1 . : . . ‘ t t . species of violence • r faerttsit:vntletilliertovuesdite; was the h e e n p l r. : person to whom be s. minutes. Those and o:lis. lung narrative of the man soner said, he was as innocent,' meat he was born. He related sr night in question, loit ner in which lie was employed oil EN; : and i cob the d j u n c t t y .. did not call any witnesses to confirm tt." l ,, a r s r th " ey ra c ti o cil ui lsa m, l few witnesses were celled to his character, speak in very unobjectionable terms of a l , Mr. Justice Iturrotigh summed up ; after a short consultation, pootiutmeed hint Guilty. The Learnt' Judge, to passing sentence of death neon hint,. e onjured bit l to apply himself to supplication to tied, to utx'ain mercy in the next world, as Le could not expect say in ili'es,. His I.crtt ship then adjudged him to be execnted on Nlonela,s , and that Iris body slwiikl be given to the Strgeouis to be anatomized. 'file ,prisotter received the sent cure with apparent indit . - (ermine, am; on quitting the dock declared that lie is a:4 as in nocent as when Lc came from It mother's womb. From flae LONDON GiZETTE, Taco<loy, July :s. -••••- BANIIRT_TPT. ilia/V(47*AX M. tii;lidifieftl, harness maker, Aug. 6, ii, Sept. b, at Guildhall. Att. Dlr. Lewis, Crutchcd► friars. n:VIDEN DS. J. Kirkham, Acre-farm, Staffordshire, farmer, Aug. I. T. Russell. Bevt.rley, victualler. Sept. 3. W. Brice, 11:istol. merchant, Aug. lA. It. Harvey, (Oxford-street. grocer, Aug. t. T. I/arby. New Sartrtil, IViltshirc. Linen draper, AuE. .1. Saies, Milford, INmihrokeshire, grocer, Aug. W. James, Wfttbury , WiltshirP, I:nen-draper, Aug. 24. B. Sewed. Poole, linen-draper, A ug. 25. T. Nichol(:, jun. Bradford. Wiltshire, linen-draper, Aug. ?3. W. Howley, Hal:as:no-street, llishopsgatc, oilman, Sept. S. CERTIFICATES—Auo. IS. A. Shrzland, Exeter. saddler.—T. Carr, Oxford. grocer.--A. and 1). Solomon. croon.court. Threadneedle-street, verchants.— K. 110111113, Plymouth-do *, wme mad sPita Inetchat't• -4 . ,4-bl'6e':. Cumberland -street. Curtain-rout. atom: tnarom.—W. Asi,ley, t - well-street, laceman—J. Kostdnuut. Liverpool. merchant—.l. On c... Stourbridge„ Worcestershire, ironmonger—lL WeLb. Witula;. , Ile hire. farmer—W. A. Brown, College-hill. merchar - W. Sorby. North Anston, linrk.hire, apothecary—T. Walloottli, Stockport, Cheshire. manufacturer. PRINCIPLES OF V.ICCINATION. As I conceive that a brief recapitulation of the ad vantages of Vaccination may be very acceptable to some of your numerous readers, and tend to subdue remain tug pre..joilires„ I send yen the following, a hicli ate the result of the united testimony of the ablest physicians of this country, and which contributed to convince the legislature of the safety and prop, icty of its arioption, and of a reward to Dr. Ironer, the promulgator of the discovi ry. That it does not call into action Sciophula, or any latent humour in the frame : that it may be commuilicated wills safety at all ages, from the earliest infancy to old age, through pregnancy, dentition, suckling,tetc. That the Cow Pock is a disease entirely distinct from the grease of horses, it proceeds from the heifer, the cleanest of alt brutes. That it succeeds when taken from the arm of one patient to that of another. That no brute will take Small Pox by Intioculation from a human person. That it is nut accompanied with fever—and produces no fever—and it is local—is nut contagions—nor communicated by effluvia—does not excite to any ether cause. That if it meet with Small Pox casual or innocalated in the same patient, it will supessede them and triumph over them. That it conveys not any infection to bedding, clothes, or papers. That as the Cow has this disorder but once, so Vaccination reside' s the patient in future misuse eptible of the casual Small Pox, and of the Cow Puck, and leaves not any deformity on the skin. That the tinsuccesstiil cases are far less numerous than those were at the iutroduction of Variolus binoculatiou in 1121, and have all been attended with some peculiarities not applicable to the human frame in general—it requires not much medicine—no preparation—no regimen— uo any obstruction of usual employment. strength, pnisitit, or exertion:-Tort there arises a slight fever about the i:th or 11th day, of little importance. That in no case has Vaccination proved fatal, but that one person for every second time died by the casual Small Pox. Thus Vaccination tends to lessen, and if its use shall become uni versal to which it Is rapidly advancing, it must absolutely ex• naguish one of the most destructive disorders by is hich the human frame has been sisii ed. A. H. extract of • letter (tutu Gibraltar, dated July 4 ;—" To the unfavourable act ounts already published this paper, respecting the state of the public health at TaiNiers, svv arc extremely conccritt to add, that the plague it now ulliciaLy known to exist, not only at that port, bid also at Tetuan ill the interior of the casuistry at Fez, ,there it Mote out on 22d ult. haring been bioaglii by a caravan (Meet from Al giers. 'Ube numbet of daily deaths at Fez not S now , at Tangiers no len cr than eight inatichltials 'lied oat thy 2.lth i acid at 'frittan, mecording to the latest accounts, the disorder carried off riots' 15 to 20 it-ley. In this le litit , ned tow n there were about lOU sick VII the :tout, w the times! symp" torus of the plague. A boat as rived ill a t ace the 2d inst. trout Tetuan, with !titers 1 . 1031 the Ire Coward and nitwit at that place, %%Well they n void but ra ea ive hr is', acid the imoit Nits ordered away hitt cu.t:il not sail !toad the loot icalag, as it blew Rash front the ea,tw.s..il. %Oliva uc.nld pit %cid her getting back to Tetuan. amine iit ten la's bag beers laid uti all vessels coming it tay pot t w Spain or Puitligal, Algt— tints except, it. Mond iv toet-s g. atiout four n'e;,, , k, a venni: man , who was aorl..tefel+S the Leal the Canal, observed rs.es above t 1 v.atcr; lie prooured a ssistance, iatd a ; : an, the last, •a.' 1 otoig, .;4.1 . 1t1L10011, of stay respectable appearance. .at ti t' a ic,.r m a very l utrid condition.— Thee the body to tlte en s I alp Tavern, where, on 1 0,1:ti...ti a. .4 um ket-I rotatitannp a. in notes and tunic L 'c ; in his was itiund a gold watch, chain and wait; sad a belie of loaded pistols Witti 10111:41 tai talus, OLC in his bre.• a I ..e's,t, canal ice other at: his curt piaci ; he vas, ra timed IL a bk. k 11:41at kaaktruat and tiowssas„. and limn the sum: of his voily be must 11.:ve 'limn in the aa:er tot setae's:ll dais. 'lts . the Mawr dewlaps the name of .• on I , :ece of lmptr, it may lead to a t:/ate-.13 0:.11'36,1