The National Register. — London, England, 1822-05-13 00:00:00

LAW INTELLIGENCE. ....... COURT OF CHANCERY. ♦EDME'DAT. WAY 7. TUN DISCHARIIa of Joan COtsgt.f.—The Court sat al half-past ten, when Mr. Wellies ell said, your Lordship has permitted us to mention this morning the CIS! of Jahn Coln. ly, who, in ord r to he discharged flora the custody of the Warden of the Fleet, was to have made an affidavit, which he has now done: I don't know whether it has been handed to your Lordship. (The Lord Chancellor—" No.") My Lord, the deponent there promises not to interfere for-, oh. r a ith the order of the Court t he says he has been coo toed ever since the Vail May, 1819; that iii May, 1820, be petitioned his Honour the Vice Chancellor to be discharged, which application was refused ou the phiintill's affidavits, stating, that since his committal lie attempted to communi cate with the lady in question. The alb lark states, that the deponent, since that lime, has not made any commouica. If with her; and further, that he would repel any advances, should they be made by the lady betself, to renew the hi tercourse. Mr. Ileald—lt appears to me that the best discretion I ran csetcise on the part of the family for whom I appear, is, since this affidavit has been made, not to oppose the pe t itioner's discharge I but up to this nine, I conceive, having bad no security against it repetition of his offence, I have only acted fairly towards my client in resisting it. Now, however, as in this affidavit, he so solemnly swears that he will not attempt to renew the intercourse; and also taking into considernti (((( that he has beets in custody for a con sid. r Illle time (two years, I believe), without any npplica having been made tin his behalf, I will nut oppose hi ►please. _ _ The Lord Chancellor—Ws person has, I understand, bees couLent for Hearty three years, upon a charge of having cormuitted a contempt of court, a term little understand nut of the limits of this !lull ; it three not mean merely despising the orders of this Court...it is a breach of the laws of the country, although technically termed" Contempt of Court." —When a person is margined upon 11116 Charge, a Judge is bound to nse a discretion as to the duration of imprisomitent he ought to vullias, which should he proportionate to, and commensurate with, the 'offence. This discretion ouglit to be egertasril solely us I he end of obtaining justice, and that justice should be tempered with mei cy. A confiriement of three yews is indeed a long imp, isonment, even though founded upon the verdict of a Jury. But no upplieution has, it seems, hero made by the petitioner for his release since the year 1820, which was opposed by affidavits on the part of the family, and in the end 'erased by the Vice Chancellor. Really, upun reading the affidavits of that tune, I do think that he did justice, and I sin sure that 1 should hove entirely agreed with Ws Ilunour ; for to have released him at that period, while he still har houred the purposes for which he was confined, would nut have been a proper stdmineari • at Justice. 1 think the man ought to be discharged ; previous to which, however, an order should be drawn up to restrain him from all intercourse, eimaniunication, or correspondence, oirectly or indirectly, with the lady or her family, ur from attempting to see them, or any of them. Air. Cluing—Certainly nut. The Lord Chancellor-1 cannot part with this subject without saying that the Court would not differ from the practice of its predecessors in hearing cases in private, vi hen Counsel on both sides are of opinion that such a course on bath sides would tend to peeserve private character inviolate, and at the same time that it will accou d with the sti let adminis:ration of justice. These have been, ere now, complaints uf my hearing lunacy petitions in private, but it appears to me that the difficulty would be to defend the Leas log of them in public. I do Out mean to say that this practice may not be attended with mischief in snine parlo r:Liar cases; I admit that one of the best securities fur toe fair and free administration of justice is, generally speaking that it should he administered in public before the world; but there may he exceptions—there may be cases in which the interest of one part of the public will be best consulted by such a deviation, without plejuillee to the rest of the community ; with me, therefo , e, whatever may be the opi. • of others. the reliuquishing of such a discretion shall nut have its origin. ~MID COURT OF KING'S BENCII. MONDAY, MAY 6. CONSTITUTIONAL ASSOCIATION. THE KING V. CLARK. . _ The bail of the defendant , who stands indicted for veuding a blasphemous and seditious libel, this day sire rendered biro into the custody of the court, from whence Le will be conveyed to Newgate. CRIMINAL INFORMATION. THE SINS v. THE HON. T. KENYON. Mr. Scarlett this day chewed cause against a role ob. Mined last term by Mr.fitiritey, calling upon the defendant to spew cause why a criminal information should not be filed against I • for improper conduct iii his office of magistrate of Shropshire, by refusing to admit a person charged with misdemeanour to bail, and also for causing such person to be put in irons. These charges were most satisfactorily answered by Mr. Scarlett, with whom was Mr. Pearson ; and _ . . The diner Jubtiee, after adverting to the ♦exatious proceedings that magistrates were liable to, said, that to protect limn in all cases where the application did not appear itabobiable, that patties would have to pay the coat.. CHURCH AND OTHERS U. MURRAY. Mr. Hotel', in the last term, obtained a rule, calling on N. Charles Murray, ( the well known Secretary and So. bettor to the Constitutional Association) to chew cause mil lie should nut pay over certain monies to Mr. Dick enson, alter deducting his own chat ges, deliver.up docu ments in Ins possession, and answer the matter imputed to him by the applicants. He obtained this rule on affi davits alleging that Mr. Murray had been employed on behalf of the owners of au Ante' lean vessel, called the Igcsonia, many years ago, to prosecute an appeal from a sentence of capture against that vessel at Harbadoes, in the High Count of ithuiralty in England; that he had succeeded in procuring a reversal of the sentence; that several thousand pounds had beeu paid to him out of that Court, fur which lie had never accounted; and that lie had evaded interviews, by neglecting, to answer letters, and by breaking appointments, %hen lie had been forced to accede to them by accidentally meeting the agents of the parties in London. Against this rule the Solicitor-Genet al now showed rairse, and slated that the rule had bet n obtained upon which set forth that Mr. Murray, during the late war, was employed to prosecute claims for persons to Auactica, and, through tin Admiralty Court, he re• THE NATIONAL REGISTER ceived sums to a considerable amount. lie was employed in 1809 to conduct an appeal against the decision of the Vice-Admiralty Court of Harbadoes. The Lord Chief Justice here Interrupted the Solicitor General, by saying—Cannot Ibis he put in any satisfactory tram of inquiry ? Solicitor General.—l apprehend, my Lord, there is no ground to sustain an applicaticn. Iu the present inn.. mary mode of proceeding, the facts must be stated in affidavits, hod supported by leg al documents. Mr. Dick enson is a person proceeding here as the agent of mer chants in America, who have sent over a power of attor. ney ; but it is not sworn this power of attorney is signed by the parties. The Lord Claieflustice.—Yonr objection is this :—The application is founded upon a power of attorney, to which foreigners are parties, and you say that power of attorney is not property brought before the Court. What is the mode by which it is proved to be a power given by the parties ? Solicitor General.—lt is simply eseented by the parties before a notary, and attested by the Ihitisu Consul in America. Chief Justice.—The question is, whether the Court can receive this. . Mr. hutch.—My Lord, there is the notorial seal.—lt is the usual mode of verification. Chief Justice.—lt is not the usual mode of proof in this Court. _ _ Mr. Kota then applied to have the rule enlarged. The Solicitor General said, he had only stated one oh. jection ; he had others to make. The Lord Chief Justice.—The rule must be discharged. The Solicitor General.—Willi cost.? Tim Lord Chief Justice.—No, never, on such an ob jection as this.—(A laugh.) Judge Bayley.—You may waive this objection if you please. Solicitor General,—His Lordship ;s going to Guildhall, and I have nut time.—Kole discharged. TUE SING V. W. IIIoLUEN. Sergeant Cross obtained a rule to allow the defendant to give bail at 31an , liester, where he had been committed on a charge of manslaughter. The defendant was engaged iu an affray, during which he gave one of the persons in the molt a Lancashire Lick in the stomach, which occa sioned his death. 'rile Court, in the affidavit, eaw nothing to warrant their interference. THB LING T. HARPED. On the motion of Mr. Pearson, a poor widow woman, named Elisabeth Harper, appeared in Court, having been brought up from Hereford gaol, to obtain her discharge. She had been committed for inability to pay SI. by the magistrates acting under the provisions of the hat of Oru. IVilt, for a wilful and malicious tresspass.—The poor wo n was suspected of breaking down or removing a post (ruin a fence, but the magistrates' commitment did not allege any offence. Judge Best said, some of the magistraies supposed they had a power ander the above act to award damages in any case, whereas they were to assess damages. The poor woman was discharged. WELINEsDAT, MAY I. The Court proceeded with Mast'a on the Crown paper, which did nut afford any information interesting to the public. —At two o'clock the Lord Cater Justice sat at Nisi Prins, and tried causes. nun KARL Or SSSSS 1714.1 r V. MUSIELL! . _ The noble Earl, one of the trustees under the will of the late Duke of Marlborough, brouAlit this action ;whet tile defendant to recover ISOOI. which lie had levied upon the furniture at Blenheim-house, on account of the arrears of assessed taxes. The question was, w twitter the defendant had a right to distrain for house and window iIIXCS. Our readers well know that the palace of Blenheim was given by Queen Anne to the Duke of Marlberou,th and his heirs for ever, free of dues to she Crown. It was contended on she part of the defendant, that the Duke of Marlborough was liable to pay fur his servants, horses, otc. if not fur the palace, in which he has but a life lamest. The Jury found a verdict for the plaintiff for 11201. sub ject to the opiutuo of the Court. BIIRRARD V. POPE. The plaintiff [naught his detain: upon the statute of the 9th of Aline, to recover back money which he lord at play to the defendant, at the games of Utt, Cing, and ROW a Noir, Mr. Denman Mated the care.—The plaintiff, alto had lost hi' money, took advantage of the pittti,itnis of the Act of Parliament, which enabled loin to recover barb his money if wed lur %hails three months after the trans action. Henry Compton, a clerk in the stage-coach office, Somer set-house, stated, that he knew the defendant, alto kept No. fl, Jerasyisfttrees. Ile strut there on the 7th Nor. and saw the plaintiff lose between 001. and 101. et Un, Troia, Cing, and 301. at Rouge e* Noir. Poe, won was Use waster of the house, was premmt. Jules Chappel plowed that the writ haS sued out agaiabt the defendant on the 9th of December. Mr. Gurney, fur the defeod;o7,aaid, the Jury ought to pause before they gave credit to a person of Compton's ■tamp. The Jury found n verdict for the plaintd—daninges 904 TIAIIALADAY, MAY ti. Tne Solicitor General prayed the judgment of the Court against the under-mesittoned pt (*WHS . :- John Moore was Charted a ith having obstructed a minim. home officer in the execution of WA duty at Dover, oil the ►,nth of October,: lettl, end sulfeted judgment to gu by default. The Court sentenced him to pay a tine of 101.10 the King; to enter into rerognizances for his good behaviour fur three yrai s, himself in the sum offiol. I two sureties in 901. each, and Wither committed to the klatshal of the Aldirshalsea until such fine be paid. Win. Hart pleaded guilty in having attempted to bribe smite men employed in the p r eventive service, when dis ()veers, in the fact or his the month of May, 1819. The Court sentenced him to be imprisoned two calendar months in the gaol of Maidstone, to chart zance fur five years, himself ill 401. and leo sureties in 201. each. Jetfro Pettit, who was tried at Maidstone assizes, for endeltvourolg to babe Wm. 11011) oak, a sailor on the pre ventive service, and was Mumd guilty. l'lte Court sentenced hits to PiZ months imprisonment, in the gaol of Ma id,lone, to enter into tits own recognizance fur live years, in the amours of 1001. Thos. Chtslclt , who was tried at the last assizes, in the comity of Dorset, by Mr. Justice Pink, and found guilty of assaulting revenue utiecrs lu the esucutiva of their duty. • 151 The Court sentenced him to ►e Imprisoned one calendar month in the gaol of Dorchester, to pay a flee of 201. to the Kele, and eater into recognisance* for his good behaviour for fire years, himself in 431. and two sureties in 201. each , . TUB Ulll6 V. •RROWSKITM, W . AND ♦NOTHCR. Mr. Dennaan moved the judgment of the Court oo the de fendants, who are the conductors of the Joke Bull. They were found guilty of a libel on her late Majesty. The Court was not full when Mr. Deomun moved, and judgment was filed for to-morrow week. Tlll{ KUM V. WESTICICOT /AD 0T11311.11. Mr. Turton moved for leave to tile a criminal information against the editor and publisher of a journal culled Ths auntie of Fashion, for a gross and scandalous libel on an Individual, described not by lime, but its a 'rosi) living on his property. The alleged libel held him out to be a man of infamous character. His father was said to be a hackney coachman, his her a washerwoman, tind himself a pick pocket. To prevent his elevation in lite lie had been placed in a cellar in the city. The serious part of the libel charged him with the forgery of a will, by which lie became possessed of his deceased brother's property. The Lord Chief Justice asked whether the individual denied the charges. Mr. Turtou.—He does, my Lord, distinctly. Judge Bailey.—And y ou have ascertained that the person against whom you, move is the publisher. Mr. Turtun•— I have affidavits to that effect. The Court granted a rule to slim cau•e. SERVICE OP PLATE TO MR. ALDERMAN WOOD. -.4 A small but very useful, and indeed elegant, Service of Plate has been presented to Mr. Ald. Wood.—lt consists of 44 pieces, weighs about 1,400 ounces, and cost 6001. It is manufactured by Messrs. Green, Ward and Green, of Ludgate• hill, and on the inside of one of the covers is the following Inscription:— To AI ATHEW WOOD, Eggs Alderman of London. kid one of the Representatives in the British Parliament, This Service of Plate was presented in the Year 1822, by his fellow Britons. Ls a Demonstration of their Respect, and Admiration. For his manly, persevering, and disinterested Exertions, in the cause of, C AZOLINE £*xe.lA ULIZABETII Or BOUNSWICa s QUEEN cosmos - L . or GEOFIGE IV. whom lie conduced to the shores of Britain, and afforded her the Shelter of his Hoof, when the Gates of Palaces were closed. against her; and to whom he continued a firm and faithful Friend, and Protector, to the latest hour of her eventful Life : And also for his useful, benevolent, and patriotic Conduct, as .Aiderman, Sheriff. and Twice Logo Maros a the CITY or LOIDOIL On Thurso:i9y last Mr. Wontner, the late City Marshal, entered on the profession of his of ice aa governor of Newgate. On Friday night last, a daring attempt was made to plunder Woodbridge House, the residence of J.Creuze„ Esq. near Guilford, by three men, two of whom came down the road on one of the Guildford coaches, and the third on a horse, provided with 9.1(1(1k-hags. Their intention was happily frostra.ed by the prompt informa lion of a woman, who beard the villains settling their plait of action in London, and immediately set off for Guildford by another coach. The party on the watch gave the alarm too soon, and the thieves escaped, leaving their saddle-bags on the premises. The exportation of potatoes from Penzance to Cork has been carried on for several weeks. On Sunday last. the Ellen, Oats, master, sailed with a third cargo of po tatoes from the former to the latter port. A considerable quantity of potatoes maybe obtained in Cornwall, with out any inconvenience to the inhabitants ; fine new po tatoes are now selling at•Penzatme from ts. to ls. 4rl. a gallon. On Sunday last Mr. and Mrs. Bowles, the unfortu nate persons, whose child and sister was killed by the fall of one of the houses in Budge-row, Caution-street, and who were themselves dreadfully bruised in the ruins, determined to attend the body of their infant to the grave on Sunday. It was with difficulty they hobbled , to a neighbouring church-yard, where the funeral was performed. Dining their absence from home some thieves broke into their apartments, which were stripped of every thing valuable,. before the two poor sufferers reached home. It is supposed that the thieves expected to find a great booty, a report having got intacirculation til4l sow. the property of Nlr. Bowl -s, had been foutil in the ruins. The nitesvy that had been found, how. ever, pouved to be the property of another person. the little articles of' plate whiten were recovered from the ruins, and a Inch were the lady thinat of any value re maining to the unfortunate couple, were taken by the • Metes. Torre are a number of well-dressed thieves prowling about town,. who knock at the doors of private houses under pretence of hating business with the master or mistress of the house, but if the servant has the lolly to leave mein m the hall or parlour to deliver their mess ige, they carry whatever is portable. Not a day passes with out numerous frauds of this sort being comitriaed. As a cart laden with timber was turning in Peet street, on Monday evening last, one of the beams, about forty feet long, came in contact with the front of Mr. Vale's tow shop, near Bouterie-street, the end of which shattered the door and window. ate of the wheels of the cal t being injured, the latter could not be removed, and the timber stretched nearly across Fleet -street, for hours obstructing the pa'sage. On Alonday morning last, a duel was fon;ht at day break, on Old Oak ham Common,hetween two gentlemen of the names of Loeksl.y and Billinghur-it, to conse quence of an altercation and challenge by the latter gen detain, at the Op.ra Bogie, on Saturday main. To,: `antes fired twice each, aria in .the second fire Mr. Locksley was wounded to the pistol arm, which the hall passed through. A sargeon in attendance dressed the wound upon the spot, which was nut .' ingerotis.