The National Register. — London, England, 1820-04-16 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, GUILDHALL. arrsii, solo, •ED CO., T. THE HIPERIAL •SEUR•ECII sod IT V. This was an action on a policy of insurance uninst fire. and although i t o ccupied the Court during three whole days, we believe as can Won lines inform our readers perfectly as to the only material point in question, which was, whether the plaintiffs, who had effected an insurance for 7,5001 on &sugar house, at a tremendously hazardous premium of 14s. percent. (the cowman rate of insurance being but ga. per neat,) had vitiated their policy by reduciog the risk atten dant ou their operations in the proportion of about three serentbs. It appeared iu evidence, that at the time of effecting the insurance the sugar was placed in a state of fusion hy the heat of bulling water. contained in pipes, introduced by repeated circles into a body of raw sugar.— It was subsequently found that the iutruduction of oil in a state of warmth comparatively less as three and a half is to six, would have the same effect with a decrease of danger. Mews. Severn, King, and Co. adopted the improvement, • and because they did so, without apprising the Imperial Assurance Office, their right to recover, • Ire having occurred, was disputed by the Directors of that office.—We bad hoped that the signal punishment that recently visited another office, by the total destruction of their Metropolitan Polices, and a general distrust and incredible diminution of their Provincial Insurances in consequence of the generally litigious disposition of the old dotard who was allowed to be 0' a power above the law," would have had a good effect upon the respectable offices, and have taught them that netaing was so destructive of the confidence that should always exist between the insurers and the iusured, as an ap peal to legal proof, where legal proof cannot is one instance oat of a hundred be produced; in the present instance, however, proof sufficient was found to satisfy the Jury, and though we well remember bearing the late Lord Chief Justice, who, thank God, is gone to his account, where he may meet more mercy than he chewed here, declared (and we believe it was good law) that a man was not bound to receive a benefit if be did not chute it, yet the Jury in the ease we now record, decided that the policy effected by Messrs. Severn, King, and Co., at 14s. per cent., was not remitted null and void, because they had reduced the risk of their insurance in the proportion of nearly one third— the Jury therefore returned a verdict for the whole amount of the polity, and we hear, and we hope correctly, that the other offices who have deputed the claims of the same house on the same grounds, and who by some superior generalship have prevailed on the Imperial Office to be their rat's paw of experiment, will bow to this decision w itheut subjecting themselves to the odium that may attend their coming into Court. We eanaot gait this subject without mentioning a siege larity attending one office with which we are totally uncolo wend (excepting as far as the fact we are about to notice has influenced us, which is simply so far us to cause us to hewn ~offices and private residence iu that office) we Nan the Coyote Orrice, and that is, that since its establishment, a period of more than 90 years, it has not had a single instance of litigatiou—sis example and boast which e should advise all other offices to cordate. , BRIDGMAN, Y. IMAM. TM* was an action brought 'by the plaintiff, Edward Bddgeman, the patentee of the iron coffin, to recover from the defendant, Jobn Buzzard, one of the church. wardens of the parish of St. Andrew, Holborn, a com pensation in demises for false imprisonment. Mr. Chitty opened the pleadings. He stated, that In Jane, 1818, the defendant had caused the plaintiff to be imprisoned on a charge of riot and disturuance, fur which the plaintiff now sought to recover a compensation in damages The defendant pleaded—first, that he was not guilty, secondly. that lie was a churchwarden in the pariah of et Andrew, and that the plaintiff brought a body in an lion coffin to be buried in the church-yard. and the defrost:on requested 1 • to impart; that the plaintiff reliised, amid incited a riot, and that he was taken into custody, and brought before the Lord Mayor. Mr. heaelett addressed the jury for the plaintiff. The objget of the defendant is this case was to establish a I wen crime—a crime, with llir existence of which, lie believed, the nentlinicii of the jury aces totally mine- Tainted. It was the clime of bringing a body in an iris) cornett and the question which the jury had to try wati Wileibri by the laws of the land this was a crime ur not. For his uwii part, lie never heard there was any crime of slw kind. It was certaialy, perliTtly true, that the pleilitiff did tiring an hurl coffin to the church.yard set St. Andrew's s and that the defendant refused to admit the corpse when it arrived at the church yard. The question Ilieretose was, whether this was ass offence which could justify a churchwarden to coinissit a person to custody in the Compter, mod to detain him throe till twelve o'clock the next day. As far as he knew, be had DO right to readopt our such get:muds, Th e atik4,l, therefore was to recover damages for being kept he psi soa without any patience, and justification iu law. tie bad no doubt that the gentlemen of the jury would show that a mall was not to be imprisoned with impunity, %Dh ow any charo. 0111411 could justify the imprisonment. John Cow, a mourner at the martial of Mrs. Gilbert, John Gillis'', ills person whose wife awl brought to be buried, Deykei, an attorney. JUDOS &MUMPS one of the bemires, and Benjamin Hawkins, wise culled to prove that this. coffin was brought to Si. Anus ew's, church on the 1(1111 of Julie; that no riot bad been enniumt:cal by the plaiiitiff : and that the plain:if was committed to the Conspiet atom nine o'clock on the sveinne of the tenth of June, anti detained there till 12 o'clock the nett day. William Berevford, the clerk of the sitting aldes titan, was then called to prove: the charge preferred iseluie the magistrate at Guildhall. Cornelius Smith, John Hicks, sexton of the parish, Oeorge Corley, beadle, Juba Monocles, Charles Richard Saviguy, beadle, Robert Smell, and Alexaisder Wilson, parishioners, were called to prove that the plaintiff had Ikea godly of riotous conduct. Mr. Starlet? replied iu au eloquent speech. The Lwrul Chief-Justice oleo., red, in summing ttp the evidence, that the defendant was a elms-choirs den, and, as sorb that his jurisdiction was confined to the (intuit yard. The question on which the case turned was, atw itter the plaintiff was, at the time he ass Neat to the Comptrr, making any di•iiii Mince ill the cli-y Al ti, or inciting others to do so. Ihe jury wo u ld cosilii.r themselves to the evidence. and not allow thrinselsts 1U be carried away by the eloquence of the very learned counsel they had new heard. Much had been said on the TUE NATIONAL REGISTER. subject of interring in ,roo cotho., hitt 11141 Ham x subject enitrely of ecclraixtatexl, anti out of frolooial eugili 71111CIP. The jury returned a verdict for the plaintiff—damages 1001. cost• 40a. LIBEL -CLEARY V STODUART. This was an action brought by Mr. Cleary, the advocate for Reform, against Dr. Stoddart, F.llwAril Q and ---- Mitchell, editor, p • .r, and publisher of the Pim Tune, for the ptilitica'ion of An alleged libel. The declaratiou eliarced the Jrlrud»uts with publishing iu the above raper, f the 2811, of November, 1818, a letter, imputing that the plAintitt lied siren guilty of a crime nut to be inertia 4444 eil, &e. The letter was addressed to Sir Francis lino amt. and signed HAtiry Hunt. Mr. Brougham, on the side of the plaintiff, stated the case to the jury. He described the libel to be one 01 great malignity, calling on the jury to give damages. Ii exceeded in sting any thing of the kind lie had ever ex perienced. The plaintiff WWI a young man, a respectable Member of the Law. He was a Conveyancer, and one of the Members of the Inner Temple; lie aas in that situation likely to be known to th , Editor of the " Noe Timer." Mr. Cleary was an It isliman, and it was almost unnecessary to remind the jury, that the crime with which lie was charged was unknown to the natives of Ireland. He was charged with practicer so vile and unnatural that Mr. Brougham could not enlarge on them. He understood it was to 1w said of this coarse libel. out it was Mr. Hunt's libel, and trot Dr. Studilart's. Admit ting it to be written by Hunt, it would be no answer in law to the action. Mr. Brougham concluded by call ing James Mallison, from the Stamp Office, who produced the New Times of the 28th of November, 1818. The let ter of Hunt was then put in And read; it was dated the flu of April. It began by coinplaining or the conduct of Sir Francis Burdett, at the Crown and Anchor Ta vern; then alluded to the letter from Colsbett, and ac cused Mr. Cleary of forgery. He called hina 10 the name of rr the kept man-mistress." Mr. John Wright said, he bad known Mr Cleary for some time. He knew there was such a person as Henry Hunt. The letter which Mr. Chary was accused of forging was written by Cohlrelt. Cleary and Hunt had been writing letters to each other.—He never heard it said that Mr. Cleary was living wills it prioress Mr. Scarlett then addressed the Jury for the defendant. The alleged libel was not written by Dr. Studdart. it was Mr. Hind's libel, and the plaintiff had omitted bringing his action against Mr. Hunt for the sole pa.rpow of press ing heavy damages against the New Times. As well might Agamemnon, Achilles, and uther.Drecian heroes, com plain of old Homer (if tire parties were living) for libels uttered against them by Thersites. Nina was the person of whom the plaintiff ought to complain, and not Dr. Studdart. Mr. Searlell than contended, that the meaning the plamtiff had rifted to the letter was a false construction—the words kept mats mistress implied that the plaintiff was admired by ladies, and in the habit of receiving pecuniary gifts from theta. Dr. Stoddart at' tithed no other meaning to the letter; lie would have been the last nun to publish the letter lied he supposed it would convey arty other ineanin, The charge the plain tiff endeavoured to set nil never was made. He contended that the Jury ought in candour to find a verdict fur the defendant. _ _ • The Chief Justice summed up the case, and said, he was of opinion, kinking at the declaration, that miles". the Jury were a opinion it was the intention of the Editor and Publisher of the New ilms• to impute to Mr. Cleary unnatural practices, the defendants must have their veg diet. The plaintiff knew the Artier to he welter') by Hunt, and it cuspid not be dim:rinsed that he preferred bringing his action against the Editor of the Paper, rather than against Hunt. Under all the eircinindasires, the Jury had to ask theinselves whether she meaning was that winch the plaintiff bad imputed. If it was. the plgintiti well entitled to their verdict, and they would give such damages as the ease required. The July retired flocs the box at four o'clock, and at six o'clock dent a letter, stating, that they could not agree. .1 he Inter was read lry the Judge Avwciate, who cu aaaaaa ideated to the parties. One pally was willing to with draw a Juror, out the other would nut, and a C01111111BUICil• turn of Will tact was SIM& to the Jury. Alter sight o'clock the Jur came iota Court, and found a verdict fur the plaintiff —thrinagrs 1001 MAGENNIS AND BRUCE. Bruce, it is still expected. will not be executed. The firmness which he displayed on receiving sen tence, still remains to him. Placed in the awful situation in which be stands, no man could behave better. He imputes no blame to those who doom hint to death, but lie calmly declares, that, sustained by conscious innocence, his solitary cell nas no hor rors ter him. His spirits, he says (he knows not how it is , are good, and OA is ever with him. He speaks of his execution, not with levity or bravado, but with perikt calmness, and humble resignation. —Here a strong interest, nut a factious one, is ex cited for him, u petition is preparing to be presented to the Judge in his behalf, which, it is hoped, added to the several circumstances which have ap peared in his favour, and the propriety of his con duct on the present omasion, will save him from the fate which he at present anticipates. The fiirtitude which Magennis exhibited on his trial has altogether forsaken him, and he now appears profoundly penitent. He is busily em ployed iu writing a memoir of his life, which ke places in the hands of a Mr. Keeling, and which %%ill, with copious notes, be published as soon as the execution is over. Mr. Keeling. who has seen him ut differen. periods during ins confinement, says, that Ma g ennis is a man ut strong capacity, and that he has ev.dently read, with attention, many theological and metaphysical work►. Upon his first confinement lie A:owl great sanetioy, and said, that he had been a class-leader of tho Methodists; subsequently, how- 1 fl'i ever, he declared that he had been all the while masking his real opinions, and vehemently denied the existence of a God and the possibility of a future state, which tenets he maintained with the greatest firmness •.tntil sentence had been pronounced. He had an interview on Wednesday with Birch, at which he said, " Birch, I intended to shoot you ; but the ball which wounded you was intended for Mr. Lloyd, of Stockport," the agent tiff the prose cution. He then rdded, " I merely considered you both, as troublesome people, who stood in the way, and interfered with my plans; and the sooner you quitted the face of' the earth the better. But then I thought there was no heaven, nor no God ; but I have wme to a belief now, and I would not wmmit a murder for the world." The following letter has been addressed by Ms. gennis to Mary Jones, Union Street, Stockport:— " April 11, 1810. " DEAR FRlENna.—This comes to take my la•t fare well of yon all,and I hope you will look nu my last dying words of advia is the last, yes, the last of all. My friends, you all know well that my principles has been the cause of my death. You all know that I have denied the Nuns ream ds and punishments due to Pies. Yes, strove to make as many Intidels as I could. You have been eye witness So my tearless principles. You know tlrat I feared neither God or man. My dear friends, lam happy to think that lam hear. I hope it wdi be a blessing to bulls you and use: let sheer words I am going to lel. you, streek your kart and soul with delight, and when yon hear them believe it is trite. I will tell you ad Wait) , now. After I was sentence to death I come ..sit of use Court laughing, thinking I would be snow quiet. Thinking that built soul and holly would be 1100 u tivaii, 111 that; grieved me was to think that a innocent 111.111 should suffer for my transgressions. My drat blend., 1 come into my sill, and in a little after a ma . souse into - me, and begun to speak to me about my soul. I laughed at him. He asked to puny by me, hut I told him I wanted no priestcraft about Inc. He reasoned very fatly, and said he was no priest, and got me to consent to kneel down; he prayed and pointed out Christ to me home. I have oftentimes denied in such a manner that I begun to have a doubt of my owe principals. After he went oust of my sill, I Heeled down at any bed side, and asked God for pardon, if I was sorry, and begged for the truth. My dear friends I said no snore, fur I was speechless. I fell down on my fece . to the grownd f and if ever Christ was revealed to man, he was resealed to am. I see the necessity of Christ. I see the suture rewards and punishments. I seen as it were Hell gaping fur me, and all this time 1 did not speak a word.— deluded that slay ins the ground, for I dare say au hour in • I was seized wills such a horror to think I hail been so far such a state of outdoes* as was most shocking :so see; the tears run down my hardened cheek 1 I tied and groned, and seed ■ll my NOS before sue. So say dear friends. rejoice to think that God has hero so kind to me, to reveal himself to such a Rawls at this bud nears.— My deter friends, trifle no longer. !walk to me. Look be yourselves. Disbelieve no longer. Pray to !bid sincerely. for the truth. Pray fur me, and think it a blessies.; that I ism going to everlasting happiness. It you iiiiiuk of coming fur my body again &thlrdny, I •eould wish yea t.i bring me some old close to be executed in. I could /*WI you to have my close to i keep them in remembrance of ine....ami when yea see them think on Ines Dont gsieve for inv. Rejoice for my desense, and think of meeting sae sit evert/Wing bliss. You will have one thin; to do for sa.•, and Joist fail to do it, and that is. to pay Andrew atatisen the sem of thirty shillings. Yea may pay tbeni as yen rouse. He vide - take it at a shilling a tissue. Then my friends, I will dy happy. I send my. love to Mary 6,4lamore, und a. the other two men. nod iu all my friends, hush sm II stud great. and ashes perdue of those I have led astray by my false doctrine. SO Wise, adue, remember me. "JACOB MAGENNIS." LONDON SESSIONS. Tuesday these Sessions commenced before the Loid Mayor, the Common Serjean,l Ali:ertuen Doraville, Gly nn , Birch, Lelotiton, and Msonay. SILDITIOUS PLACARDS. •-•-TilimlaS all'isoll, a pub lisher of political painpli.lets, whit was some tittle ago convicted before the late Lord Mayer (Alderman At kins) of having printed bulls relating to the Address passed at the first Smithfield letting without being doh( licensed as a printer, and fined tful. appealed against the conviction. Die Common Serjeatit staled, that all the !acts were achuitted, and that the defendant was liable to the oenalty, which it was, however, in the power of the Court to mitigate. The conviction was confirmed, and the full penalty demanded. 'cite costs were reunited. Mr. Dasison asked for time. The Act directs that penalty be paid before 'tor rising of the Court. Nlr. Davison, publisher, of Duke -street, West Smith field, was arrested on Friday ei ening by a Tipstall of the King's Bench 1111111/ a Jtstlar's fiat, for pithiNhing a blas phemous hod, contained in a monthly publication, called The Deiq's Iklargazine. The olfieers conveyed their pri soner to Gilispur-street ('onipter. Several of Mr. Da isim's friends applied during. the evening to be admilieil to see him, out were refused admission. The orosecu tiojt is at tile instance of the Society lor the Suppression of Vice. A machine has been completed at New York, fur sweeping the streets of that town It performs the work of 40 men, and not only sweeps the streets, but collects the dirt into heaps to be carried away. Such a machine is muck wanted in England. On Monday night last two womeu, at Paris, one a cook, the other a chamber•muid, committed sui cide, by shutting themselves in a room, nnd pro ducing suffixation with brimstone. Several letters were laid on the table, which lei to the motive tor the desperate act