The National Register. — London, England, 1818-06-15 00:00:00

I 317N1. IS. LA W INTELLMENCE. COURT OF KING'S BENCH, TsivsnAy. Jost 9. TUC ZING. ON THE PROSEEtrrior4 OF 'nig MARQUIS 01 UXETCH,N. URAKARIII. „.,Gurney il ia, that be was instructed to show cause ataiast a risk for a criminal iefortnation against the pro. prietnr of ” The Stamford News," fur a supposed libel upon the Marquis of Exeter. L or d Etlenborough asked, if Mr. Gurney were provided with any affidavits in whit h it was sworn that the imputations eantained in the alleged libel were true. Mr. Gurney answered, that he was : several persons, whose natacs it was not necessary to state, deposed to the irregular and indecorous conduct of the Marquis of Easter, who, in company with a Capt.SPercy, had frequently (seven Iny'ances bonnie particularised) ridden through flu town of Stamford,• nodding, eke. to females whom he saw : on one occasion lie stopped before a window where some most respectable la. dies were sitting, and who in consequence were obliged to •eetire. At another time his Lordship had been seen smiling. and nodding at Mary !Selland, a milliner and dress maker in use tows, and peeping into the shop where she was at work. ".I . lse Noble Marquis had carried these improprieties •to such s length, that his conduct had becomeihe subject of general eouversation and complaint. He had also several continua ory affidavits on behalf of the defendant, the proprietor of d: "Stamford News." Mr. Clarke, on the other side, interrnpted Mr. Gurney, end observed, that it acs unnecessary to enter further into the facts stated in the affidavits, if the Court thought that a repetition of the assertions in t'.e libel on affidavit afforded a stsfficient answer to the applicatioseforiterimitiallitfurmation. be Martinis of Exeter had not had an opportunity, mid pro bably could not contradict what was worn, that lie bad ridden through the streets of the town, of which he was almost the tole proprietor, and he might have looked into a milliner's shop.; bnt the Learned Counsel submitted that this could not evarraat the gross attack made upon him by the defendant is the newspaper of sshich he was the proprietor. The Mar quis of Exeter was a very young Nobleman,asid might, per haps, have been guilty of souse of those indiscretions from which his rank did not exempt hint; but it was not fit ,tor the sake of public decency, that they should thus be made the mitsjeet of public discussion. • Lord Ellenborough.—" It should seem that ties staring in at the windows and these noddings have been many times re peated, and they lead to the conclusion that there ie-soine-' thing improper its the cunduct attic Marquis of Eseier,•which has been made matter of animadversion said complaint. 1 apprehend, according to the rule the Court has laid down for itself, it will ;sot interpose by criminal information, if the facts are confirmed wen affidavits ; bait it leaves •ffie.party to his remedy before a4.trand jury" Mr. Clarke repeated, that the .Marqnis of Exeter was a very young Nobleman, only about 18 years of age. Lord Ellennorotigh.--“ We do not say whether the pith- . lication is a libel or not ; only that the Court, under thsteir enmstances, will not take notice of it." Mr. Clarke submitted, that the affidavits did not suffici ently answer the complaint. The Marquis of Exeter had a right to ride tin ough his own borough, and if he saw friends at a window, there could lee no great harm in nodding to them. Lord Ellenborottglt again said, that as affidavit!: were pro duced to show that what was advanced in the letter pub- Eshed in the " Stamford News" was true, the Court would nut interpose. Mr. Clarke complained that the attaelehad been repeated ; and that to prevent the further outrage of his Lordship's t had become necessary to take some step or other. Mr. Janice Bayley observed, that if the Noble Marquis thought it, prudent, he could bring his case before a Grand Jury, and that-very shortly, as the assizes were eu near. Mr. Gurneyairaiedvimt particular pains had been taken to distribute the letter iu question, as Was Mated in the affida vits ou the other side; only two copies hail been -Rivet+ ay, i besides the ordinary circulation of the newspaper. Mr. Justice Bayley said, that the regular purchasers of the newspaper might be very numerous. Mr. Gurney contended that the defendant h..d not repeated his libel; he Lad only ma:ntained the fact lie had mice as. zerted, anal which he was ready to rove. Mr. Clarke referred to the indecent observations made by • the Editor of the " Stamford Nests" upon the motion l i ar a iiiiitial iuformation ; as to the part of them that related to b !nisch*, and supposed mis.stateenent , he had made, be was pe fleetly. indifferent. —Rule discharged. CRIMINAL INFORMITION. Mr. soarlett adeeressed their Lordship, and requested t:iit they would permit him to make a motion, which, unless made tmelay. a young Nobleman would still continue subject to those persecutions which he had suffered for some time past. His application was for a criminal information against public print, and lie made it on the part of Lott; Cherie:se Spencer Churchill, whose character heel been attacked in the grutsest ;Hammer, and who had been tormented !milt with pni'. I;: and private libels for sonic time past. His pi esent appli. ration was founded on affidavits verifyitc,.; es cry word which he should suite to their Lordships. It appeared that on tin 10th of last mouth Lord Charles Spencer Churchill %WU till jig in his %Minty along the King's - road, at a nmderate pace; j-Ist before him was a chaise, in %Well were Mr. Tooke anti tau ladies. Mr. Took , z appeareff to be a very indifferent' criver. There was full room tar three. txrriages iu that part of the road in which they et ere; but the caukilful manner m which Nlr. Tooke ',lanai:et his horse, rendered it impossible IA Lord Charles to pass him, His Lordship called to him several times, but Mi. Tooke anparenny paid uu attention. At this instant another carriage 41441111 c up, passed Los d , taarles :sod Nt.r. Tooke, :snit Lord 01.4414 s then deter 11111 l to pass himself. Nit . 'rooke, houever, either alarmed be th e zarriages passasug him, ssr titan want of skill, erove .1 post, and by the concision one of the ladies startthrewu nut, .and the ‘U114111.141111:0 1 followed were most cabwistoos. lard Clem Ics Immediate ly pulled sip, gist um of Miscarriage, al aniiionaly Offered avers assislao.r ill 11111 paver to the g lady ;milkier , fricside. On the day followmg he called at the 'mar:levies, mot trqwesteil, if it 311011111•Vvat 11 44( resew... was at ail neet , sary !.fuse the Coroner, that he rudht lie su.innosied. The surksun, hr ' s ..ever. *LOC& that 'time Was nu reersisisy for but appearance. Tile s erdi e t us t h e cosuner'• jury WO. " Accidental skate 'and the LearocO itosion.el .15150. that Le !rid nave au ',aide% it from • .•f ti i , rnrynexl,•wluch .Jettia4 ed tliatit •was Ant enani tttttt Of this j 111) 111.41 .•1/ •I)44litt- issight to ne attache d L. 8.1 • Charh•s S l immer Choi Huh Oil the nay fi.ii..wrint,floa., se. a a lag er nt•peart•d In " Th.. wspaper, to the Lauer, and .sued '• A :Lia,ibc.” lust letter put•. THE NATIONAL REGISTER._ ported to contain 4 correct account of the accident which had happene.l in the Kings-road, and it imputed she occasion of the catastrophe entirely to the tiirious driving of tvi. Lord- ship, and ►o his improper impatience in aateinteting to piss the carriage. The letter went on to state that the witnesses es. amined brfOlr the Coroner were anailimous in imputing the accident to the negligence of Lord Charles, and ,ft contained a comment upon his Lord•ttip's conduct, ;hewed in the stronost language. Since that time, a second letter had appeared in the same paper, sited T. Tooke. expressing in. dignation 41 the manner iu winch his Lordship had treated the matter. Lord Charles having gone to a ball at Almaek's on the sante night oil which the accident happened, and never having once sent to inqnire after the family. The Learned Counsel said, that the assertion contained in both these letters were false and calumnious, and observed, that Lord Charles had also received certain anonymous communications, in which lie bad been charged with the murder of the young lady. Lord Ellenborough.—" One does not tknow but that he may have been negligent in driving, but that was not a ground for a charge of murder. It was certainly unfeeling in him not to have called npou the family after the accident." Mr. Scarlett.—" lie did call, my Lord. This is a misre presentation." Lord Ellenhorongh.—" Yoti are not now moving for a cri minal information against Mr. Tooke, but against a news paper. If you can bring the anonymons lettrrs home to Mr. Tooke, it is well. You may then move :or a criminal infor mation against him." Mr. Scarlett.—" Three witnesses were examined before the inquest, Mr. Tooke, Mar) Smith, and 11 ',Main Junes. The jury were unanimous in their opinion, that there was no improper driving on the part of his Lordship. It was oiey Mr. Tooke who swore that there was any negligence." Lord F.llenborongh. —" There was different evidence be. fore the Coroner then, if Mr. Tooke swore that there was improper driving." Mr. Searlett.—" Yes, my Lord.: but the newspaper had no right to state that the witnesses were unanimous on the subject. On the ccitrary, all but Mr. Tooke swore that there was no negligenne on the part of his Lordship." Lord Ellenborough.—" This is certainly a misrepresenta tion, and upon that account I think you are entitled to your rule to show cause."—ltade granted. TRL ZING •. STANAEY, ESQ. AND 31010 AW. This day the sittings for Ntiddresex commenced before Lord Ellen • borough. This was an indictm eat against the two defendants, the enethe son of Mrs. Stanley, widow of elate Master in Chancery, and the other her coachman. for an assault upon Samuel Darby, a livery stablokeeper. Mr. Gurney went shortly over idle facts out of which the prose cution arose, stating thattheinjory the party had received to be of a very serious nature. He then called the following witnesses : Samuel Darby deposed, that he was a livery stable keeper at North Portland sinews : the defendant Morgan was coachman to Mrs. Stanley.; the other defendant was her son. Mrs. Stanley jobbed horses sith the witness, and en the Lich of December last Morgan brought the horses home from the country, having used them very ill ; he came at four in the afternoon, :_usrl did not attend to the horses until at 11 at night ; they were then harnessed, and wit ness remonstrated, and said that he should not use them o again ; but Morgan said he was independent of the witness, and knocked him down. He then went away, but returned with young Stanley ; the witness insisted that the defendant should drive the horses no more; defendant said he would. and .track the witness on the breast, and broke one of his ribs ; at the same time young Stanley struck the witness on the mouth, and cot his lip ; they then both fell upon him and beat him very much. Young Canley then took him round the body, and said, " Out with him.- d—n him we'll have him out, if we murder him." Tire witness. ;hen cried murder. A person named Bunke!l then came to his assistance, and the two de tkndants went away with the carriage and horses. 'file witness kept his bed for a week, and was attended fur a fortnight by a metlival man. ----- Crosseismined.—The wit Lia was quite sober, and was not abu sive, though haaligh: spea k rather sharply to the coachman. The witcnarefused to let his rses go out at 11 o'clock at night. They had been starved in the country, and he had said that the same coachman should never drive them again, but that some other man might. Lord Ellenborough, in this stage of the cause, put it to Mr. Rea der, for the defendant, .whether he could thoputc she fact of the assault. Mr. Reader answered, tint 'theidefendant had taken care to put Mr. Stanley on the record, so as to prevent him front giving evidence, but he should be able to contradict the witness upon collateral mat ters. Mr. Stanley was a young man of most peaceable demeanour, and son of the late Master in Chancery. Mr. W. Bunkell had been called to the spot by the cry of murder. Morgan was then gone, but young Stanley held the prosecutor by force round the waste, but did Dot strike him. Morgan had got the horses out. Mr. Baylis, an apothecary, had attended Darby, who had consi detalk fever and a cough ; a rib was fractured on the right side ; be was also much bruised, and his head contused. The witisess had visited him more than a month. Mr. Header addressed the Jury for the defendants. Young Stan ley was only between t 8 and 19 years of me. b u t not atoll of a dispo sition to commitran outrage of this nature, The horses were jobbed by the year. the coachman was: bis mother's, and for the time the horses were her's, and she had aright to have them out at any time of the night, being amwerablstor misuse. The tact was, that IJarby was quite drunk at the time.of the amid t, and young Stanley might legally exercise so much force upon the rrosecutor as was necessary to give him the use of his soother's horses to carryiiim to his too theels the night being: very svet. It was very likely that a struggle took place, but it was entirely owing to Darby's refusing to unto; Mrs. Stanley's coachman to ....Chi: out her horses. The leaened coun sel contended, that if lie was whit. toeontradict the prosea:tor upon in ciderual particulars, they would btheve him as to the main fact of the .aysault, _ . John Ca4diCot, sergeant, or cnnstablo of the night, at Mary le• bone, swore that lie had seen th..: prosscutor extremely intoxicated on the Right in question ; he wati ivaning on the pole.of a carriage, as if he could not support himself without it.. The witness had never heard a man use more zross and abusive language. This was soon after the.assault, and N.g,rgan was present as well as young Stanley, whom the witness did not know. The witness was not aware that Darby had been assaulted, and limn.' co complaint. Matthew NVeklon, a u atehman, saw I hirby very drunk endeavour ing to unbuckle toe 'wises from the role, violently abusing the coaeh man, and saying that young Stanley was no gentleman, but some scamp of the can'. Thomas 011 y saw I kcity after rhis assault very drunk. aid very ..ahmive to tile defendant M9r:,, , aa after he returned with his horses to the stables. _ . epirstion from the Ilene!, Mr. 'Leader admitted that he did not dispute that there had been a conflict, but he contended that there was not suthrient evidence to show that young Stanley was guilty. Mr. Gura9, i.i re a dy. insisted that the appearance of imoxicatien oecasioned by the cruel heating the prosecutor lst. rceeivai bum th e ten eefendiuits. Lord Edennorougit kft the ease on the evidence to the jiry, who Lityleftationts l; witty. 01 POLICE. GUILDHALL. Mr. Kaye, a master baker, in the qtrartt, wits charged by 'fall, a willehltlaii of Carrio g d oil tvithout. who stated, that he saw the risme r in fleet star et, about 12 o'clock on Saturday night, w ith a sack, containing what he suspected to be stolen property, and took hint to the watt+. house. On examining the commits, ther e were tinted to be only four small loaves; but as he could lint give a satisfactory account of their possession, the Constable sent hint to the Compter. Mr. Kaye stated, that on being first stopped by the watchman, he told hint that the losses were part of the Cock of a second ship, which he kept in the Kent-read. and which he was taking to his lions,. in Church-court. 'rah, how ever, dragged him to the aatels.house, allele he gav e charge of him as a felon! At the watch-house he gave his name and address, repeated the explanation he hail before made, sad tendered the Constable the key of hit !mese, dint he •might ascertain the correctness of his story. TheCoestable, how_ ever, with an authoritative air, assured him he blimild do no • such thing ; and Mr. Kaye, then referred him to a respecta ble tradesman in Bell-yard, only a few • walk from the watch-house. Wall proceeded there; but returned, saaiug the master of the house was from home. lie was then direst into the strong room, whence, after remaining some time, he was taken out, his hands tied together, and being lashed by a rope fastened to each arm, was tied to two watchmen, and thus taken to the Contort...where he remained until Monday morning, 'to the injury of his business, and the great alarm and agitation of his family. The Alderman said, be smeld scarcely find terms sufficiently strong to ewer.* whit he felt at such gross abuse of authority. kle lied before bail occa sion to censure the conduct of Tall as a wacelmem, aml he should take care to represent the affair to the Alderman of the Ward, who, he had.no doubt, would instantly discuss both constable and watchtnan from their offices, lit the meal time, Mr. Kaye must be instantly discharged, and was of course at liberty to adopt what measures he might think pro per egainst Tall, and Beaver, the Coustable, Mr. Kaye de clared that be would indict them both. LIATTON-GARDEN. A young rascal aged 13, named Vim. Miles, bring ens_ pected •of being an accomplice in stealing three coach glasses from a gentleman's stable at Hampstead, had the pro fligate audacity to accuse his tither of being the thief. fathet,•fortanately, was able to establish a complete alibi, by the testimony of his master and several respectable persorL. The boy was remanded. MARLBOROUGH STREET. J. Collins, a broker, in Seymour-place, green-grocer, in Charlotte-street, l'ortland.7l,',„,,, hirrilal_ stables, underwent an e;,...„„ lag si on ()Ira charge ut fraud ;when it .;geared that a young female. whose fornitun• had bees detained for a debt, came to this Office to ask advice of the Magistrate, and was met at the door by the pi boners, who told her that the Magistrate was gone, but they acre the chief Officers ; upon which she related to them her bossiness, and they agreed to accompany her to the house where the goads ware detained. On her arrival, they told the person in whose custody the finites were, that they were bent by the Magi.. traces to lake thP things away, upon payment of los, part of the debt. The housekeeper (a female) told them, it it was the order of the Magistrates, they mighttake the things:May. a bieli they proceeded to do. The complainant, who was .waiting at the door, was then applied to by Cullius tar Ins. out nut having any silver, she gave hint a 11, nott , and this things were taken away; after which, the prisoners demanded 10-. for their trouble, saying the person had detained the note. The complinuant not having any more, they said they would not leave the hoarse without 10s.a piece, at least, fo their tresblel and at length Is. were produced Item the. little girl in the ::!..5 484 % which they took upon a promise, that the next moroir.i::iey shotiL l be paid the remainder. Halley aeltatiingly called then, and recei7ed 6s. Monday the com plainant was threatener! with a writ by the person alio had detained the goods, and learnt to her surprise, that ter money either of the prisoner s , ate l defraudedtwl ia t i v c• e w r liolottlie S ee .b: a e s ib a r p f a h i eo d e 1 3 t s o l f a l ii i s cr r t , t i b r c a a ' o f , e b ul y a e i d e 1 i t i s m e r I r e ; bees e and intimated, dart they should finally .!'?ad them to trial, where they had no doubt they would he made a proper ex ample of ; and the office's of the estaldisliment have repressed their determination to furnish the complainants sluth the means of defraying the expenses of the prosecution. UNION HALL. CH.% RG E OF FELoNV.—Tuesday, Hall and Goff, the °Slurs.. brought the Hey. Isaac Tapper, before H. J. Chambers, P.Aq. charged with having iu his possession a quantity of itoias property. Mr. Knevatt, of Pel,,r-stseet, Mint, t;tuted, that on the night of Whit Sunday, last his shup was broken open, and. a great number•of earpentera' thesis were stolen.. Hall and Goff pro scluced a part of the propel ty, which they found in the posses . (nen of !kiss. A biktlion tit Mint-stre::t. Irs. Abraham stated, the,: she purchased the articles in t! nest of Mr. Haynes,. Moos :ilk; lives in Mil e tsstreet, awl LkAlue...s deposed that lie bought theist of the prisoner. The w , isunt r protested roost vehemently that the Moles pro pile), hart never then in his possession ; it was a charge t rum p e d op against him by the officers, and was a. continua. Bonet that e o oispiraey which had caused hint to be brought before the Ma l ;istrato.• in a tnrimar instance, when be was charged with barring in his posscssiotsalolen property. Hewes remanded. Mr. John Johnson,. an inhAuittent of the parish of Christchurch. Ssurry, attended befores;he Magistrates under the followint;;: e ir a C r W , 7 0 , 7 . : t t g a t n . : l 7 c : l 7 .as it i b m o i ll u t ct i c y t 3 o *C i a n i: r .;g . ° a • that he formed this matrimonia; connexion rather il/ " .°llse q uen " of at (ti ingelion, in Norihuni:Jaa li Pe in 'A d .rib° . kenn H nli e oirre s . t .t a li t tit e li t ' il iulnit l l'A l ) ic 'eisili t ss a u g ' it n tra ag tt e ; the dire:eke licld out to him by th? ti.'-nds of the feo.de than from .any inclination of his own to the eoatsii. wenteramill'arliies having passed tetween them. considering that the ..`wiziiine aa s invalid on d account of his Nte, he ab.milont his lilt: , : a- ire ti: . . i . .s1 p L1111110:4 where hi: formed anc•:!i,:s ,mati anionic! 011:11e% ion aun a 04:retable biatily, awl became tile Wier of a noni.Livir, pro„Aiiy I b.: moth, 1 / 4 4 to Clive unmolested ;lir tightrt:, years. when a few days a g o on all,: thrown into consternation and astonishment 131 an applte.., , on >e au the overseers of the parish of Christchurch. hot a stun el min: • Y iil2 the maintenance of hi s wife , who, becoming destitute and poi:rhadl applied tir and obtained relief trout the palish-office rs at (Icin g _ don. and had been by them removed to Clidstchurch, as aL th e wit i e p, eat of her husband. Mr. Johnson disidainittl the count roused muipl i a ,„., w i t h the application or. the Chrisicl g air I ‘.. ' 11:1d „s et ., and stated I, :s elete.mion. :on nut yaly e never„t o k c i'ver her, but never to allo w ones illing toyard, n o . ma i nt :,„*"" w ile e pariAi otfieers, therefore. pealed to the AlagistrauesT;"Li;.:l, eisinn. And stetted:that - .Mr. Johnson was pot sed of ', 1. „ . • j -- - T..: alrrllhel.:e::).‘'..talitad.gistr:azsa)abt:tigtu-htbutPhi;:rtthellcais ' a t : l :n i t: l better "lr""vc r b t e ..b. r . e il f t e ' r • L it'ia.; ; t o the Quarter Sessions. rulers, i n ith• mean time, an adjustment cou ld he enected between the ollieers and Mr. Johnson.