The National Register. — London, England, 1823-01-27 00:00:00

r - LINO o. POTHDER THE ELDER. The Common Sergeant moved to set aside the verdict of guilty in this case. The defendant had been tried upon an indictment for refusing to serve the office of overseer of the poor in the parish of St. Anne, Blackfriars. A point of law was reserved at the trial for the opinion of die Court, and the question was, whether Mr. Poynder was liable, as an inhabi tant of the aL,ce parish, to was proprietor, with Mr. Dobson, as a lime-merchant. Me had a house and wharf in Earl-street, Bleckfriars. It appeared at the trial that he copied by a sleek, who was employed to carry on the business. The defendant lived with bis family at Clapham. Judge Bailey—There was a tenantry Common Sergeant—Yes ; yet there is some doubt thrown on the liability of the defendant to , by a diseussion last Term, on a question respecting the meaning of the act of the 43d of Elizabeth. The question is, whether, as this was not Lis sleepingdiouse, he was an inhabitant of the parish. The sUth Geo. 111. enacts, that a person d for the relief of the poor of a parish may be appointed overseer of the poor, although not a householder in the parish. As a mere occupier he may be an inhabitant. If it if es in his regular occupation. it might be described as his house in a case of burglary. The Court having decided that the conviction ought to stand, refused the rale applied for by the Common S mgeaut. RIDAY, JAN. 24. wittlawson es. JOHNSON. Mr. Msrryatt moved in this ease to enter • aossoit. Three persona were in partnership of the names of Habgood, Fowler, and Dixon,; Dixon bed been in the habit of in dorsiag bills in the Name of the km, and the question was (after a dissolution or alteration of the Orin was alleged to have taken place), whether the issuing such bills for the purpose of being discounted, was evidence of the existence of suob firm, as es to sustain 11.1 action on a bill of exchange. The Justice, and • verdict given for the plaintiff, on which an objec jtetion was taken by Mr. Marryat, and reserved for the opinion of the Court. His Lordship was of opinion on the trial, that there was evidence of business being carried on by inch Grin, and that it was not necessary the bills should be endorsed by the other partners, Habgood and Fowler. Mr. Justice Bayley conenrred in thinking, that after the dis solution of the partnership, it might be cap dint to draw bills for the new firm, in the same manner as the old had done. If Dixon drew such bills without authority, that would amount to fraud or forgery ; but Dixon being still a partner of the new Arm, it was competent for them to draw bills by Dixon's pro. °oration, in the same manner as before. Mr. Justice Holroyd oonourred—the allegation of the hills being irtdor►ed by an indifferent person was immaterial, if Dixon had had a general authority. Mr. Justice Best held that very slight evidence of the waist once of the old ';rm would sustain the action agoiaellb• wast ing partners, without binding such original parterre tY bad withdrawn from the existing firm. The Court was of opinion that the ♦erdict for the • (who was an innocent bolder), should nor. be dist refused. • RTICLES OF THE PLACE.-STEEL V. LIMAS. • ••• Mr Adolphus moved to exhibit articles of the peso. on half of Francis Steel, of Oxford-street, and George Steel, 140,. shopman, against the defendant, Philip and John Lhasa, timbrie dealers, for obstructing the ethibitant's right of way through certain wooden gates—assaulting, abusing, and threatening him with personal violence—taking exhibitaot and shopman to the watch-bowie, and occasioning alarming mobs to collect in front of exhibitsnes shop-door, with the aid and assistance of a watchman of the parish of Mary-le-bone--striking exhibilant with an iron bar—causing his nose to bleed and giving hint a black eye, with divers other bodily Injuries and personal wrongs, so as to cause the exhibitant to confine himself to his bed, to the great injury of bis health and danger of his life-ssi waylaying ex Whiten% at • late hour at night, after having threatened to do for exhibitiust, &c. ate. oo the night of the 11th ofJuntary instant. Mr. Adolphus stated, that this was a possession of premises ►y the family of the defendant, to the annoyance of every other neighbour adjoining. That an indictment bad been preferred by other complainants gluiest these deferdantv, who having been convicted, still went on to offer these acts of violence in defiance ot-std law. The Coart.eravitted the articles to be filed. HANDING V. SIR H. WILSON. This was an action for a noisome and the obstruction of • public right of wag, in the parish of St. Luke, Chelsea. The cans* was tried before the Lord Chief Justice at the sittings alter last Term. The defendaot held premises in Chelsea, and in the couse of his improvements he raised a bank and a wall on the side of the road which led to the plaintiff's leasehold property, so u to render access to the same less commodious. . Mr. Scarlett applird for a rule to chew cause why a new trial should nut be had, on the ground of a misdirection on the part of the Chief Justice. The Court granted a rule, in the expectation that it night lead to accommodation between the parties. COURT OF CHANCERI. THURgDAY,JAN. 29._ This being the first day 'of Term, the Learned and Linea Comm! met the Lord Chancellor. as ward, in the Hall beture they proeeded to business is their respective Courts. Thy Lord Chancellor Vali his seat at one. He stated that he thought a great part of the relief in the petition of Mackay a. Todd must he granted, but as to-day was so abort, he haring in Term time to rise at two o'clock to alive place to the Benchers, and as it would tnke at least an hour fur him to state the ground■ on which he had formed his opinion, he ssou'l defer it till to morrow morning. COURT OF COMMON PLEAS. TUFSDAY, JAN. 21. CRUIKSHANIL V. VALET. Mr. Abrahams opened the pleadings. Sergeant Pell stated the cue to the Jury, and observed this was an action for damages stwained by the plaintiff in conse quence of the furious driving of a aaaaa nt of the defendant's. John Clarke remember, on the ash of August going to /trowel!, in company with his son and the prosecutor—took places in the coach to return—plaintiff sat on the coach box— witness sad his son sat directly behind. It was a two-horse coach—the coach, an in the first instance, drove off violently, togging his horses repeatedly. When we were descending Hanwell Hill, at the rate of 12 miles an hour, witness feared danger, andikalled on the coachman not to flog his horses so violently. Witness beard Mr. Criiikshank say to him, " Fur God's sake, don't drive so violently." Plaintiff took hold of the bar on the left of the box-seat, and when the coach had nearly arrived at the bottom of the bill, the coachman again fogged his !wises, and turned suddenly round to the left—it A. ,, -..." . 'MEM TEE •NAt itEcistric_ was down the turning leading to Breatford—the turning is at right angles with the road. The coach was thrown over on the right side as it turned. Plaintiff was thrown same distance upon the gravel-road. Witness was thrown upon him, and thinks his weight broke the plaintiff% kg. The person who drove the coach was not • regular coachman—believes he was a helper. Cross-examined by Mr. Sergeant Vaeghain —Does ant think plaintiff seized the reins—is sure he did not ; observed his right band grasping the onshime of the boa—his lett hand held the bar of iron by the aide of the boa--did not bear Coster; the coachman, say For God's sake, drop the rein." The road was very good—there was no irregularity in the road beyond the descrst. Re-easmined.—They frequently ran away from the whip. Thomas Clarke, sort of the preceding enthrall, confirmed the evidence of his father is every particular. George Dickinson, a surgeon, residing at Ealing, deposed that he attended plaintiff at Mr. Robins's, at Hartwell; found the small bone of the right leg broken ; the uncle had been previously reduced ; the shoulder joint was fractured, and otherwise injured, and lie haul • severe cat cross the right temple ; attended plaintiff for shoot right weeks • attended him daily daring that time—esamined him proleasionally on Saturday last ; be was nearly well, esee;.ling an impeded mo tion of the slkulder joint. Sir Astley Cooper, Bart. deposed, that he attended the plaintiff roar or five days after the secident--the cop which receives the yrincipal bone of the shoulder had been broken through—only attended him once. SergeantVaeghan observed that this accident had been caused by the refusal of the reviler coachman to drive round the vil lage of Haswell to take up passengers ; there were, however, always persons about a coach office, who for a trilling rem•ve ration would turn Phaetons. Coster was one of these, and it was in erinseqbence of a loss of time in so doing that he was obliged to make all possible despatch to resign his temporary command to the regale, trabridge coachman. who was waiting his return. Mr. Justice Park summed op, and the Jury returned a vim diet the elaintiff—Damages 2501, OLD BAILEY SESSIONS. -.--. TUESDAY, JAN. fl.—Blotimr.—Fredcrick John Hauler, alias Halm, a foreigner, was indicted for (elm niously intermarrying with Sarah Dm!marsh, his wife Harriet being at the tune alive. William Brice produced a ►egister from the parish church of St. M try, Islington, of the marria i te of the pri soner with Harriet Weston, Ott the I Bth.April, 1813. Mr. J. Stowe man stated, that he was present at this msrriage. The prisoner is the man who married Har riet Weston. Witness saw her alive this morning, Cross-examined.—Harriet Wes was servant at the house of a Jew named Levi, at Wilton'. where she was I married to the prisoner. Ii was a lislaing.hoote for men. He did not know whether the prisoner lived much longer with her than three months. Mr. Price, parish clerk of St. D 111111.11 1 .11, Stepney, toodneed the register of the prisoner's marriage with ' Sarah Dud:Harsh, on the Bth of April last. He was de scribed as a widower, and Sarah Dutlinarsh as a widow. He was sure the primmer was the man. Cross-elai .. i 111111 l —He did not believe that Sarah Dud marsh prosecuted the Intoner. 'Elie prisoner in his defence said. he was by ki;rth a German, and told, through the used of an interpre ter, a long story, about his first wife threatening to brat out hi! 'brains with a child's chair aid a poker, and threatening also to stab him with a knife, when he took up his leg, and pushed her down. They then separated, and site cohabited with another man, by whom she had a child; but he could not deny the secinid marriage. The Jury found him guilty. 'Cite Recorder ordered him to be called up for judg ment. and sentence I him to be imprisoned six calendar months, and kept to hard labour. George Nash was indicted for stealing 40 113. weight of beef, the property of John Bennett. The prosecutor is an eating-house keeper in Ratcliffe Highway, and hail neglected to take in his beef at eight o'clock in the eve g. He was nil' I that the pri soner had stolen it, and went to his lodgings, where he found the beef. ' The prisoner was found guilty, and pounced to two months' imprisonment. and kept to hard labour. Matilda Scott, a woman of the town, of very superior address, was indicted ho stealing eleven sovereigns of Joseph Busman, from his person. Mr. liesinan is a slopseller, and nee the evening men tioned he the indictment he had brew Making a little free with his glass, when, as he was returning home through 'Power -street, he overtook the prisoner, and heard her, as he passed, emitter to herself, " Alt! if Cap tain new was at home. I should dreadful distress.' She appeared to be indeed distressed, !taring scarcely covering sidfictent for the purposes of decency. He knew a Captain Kew, soil turning itrtieet to her, he said, " If you know Captain Hew, I will give you :,temething to drink, for you went to ',valet it." lie took her to an adjacent public house, where they had two glasses of rune and water, sod they then 'Lined. lit a few minutes after she was gone he messed his purse, containing seven sovereigns, from his wai,ocoat pocket. He heani nn more of the prisoner until about eight days alter, when he saw an account in a newspaper of a young woman harlots been taken into custody while quarrelling with • tier woinaie in the turret, and ten s vereigns and some silver henna finned in her possession. She hail been kept in custody fur some days, and was about to be sent to the tread-mill, and the tuneley trans mitted to the comely funds to contribute to her support while in prison, when an appeal was made to the Al.l. gisirate by the prisoner, to have the money returned, or to be remanded to prison until she could find the gentle man who she said gave it to her. Teti. took place at the Thames Police Office, and being reported m the public j .uritals, was wets by the prweentor. The defence of the prisoner was, that the I.rmecutor gate her the money.—She was lowed guilty. WEDNESDAY. JAN. 22.--Pr rick Cr IN icy and James Carr, two lads, were indicted for stealierg 201 Les. of rope, ' the property of T. Phillips. •:""5” , MIK. .1 • .saL. I 31 Me. Phillips is a lightennan, and on the 19th of Dec last he was sent for to the Thames Polieepwnere he saw a " b ea df ast " belonging to one of Ins lighters, is hich was lying in the City Canal. A w.iteliman of the canal heard some whispering in the dark on the 9th of December. Ile challenged the parties and took the prisoners into custody, who had the rope coiled round their bodies beneath their smock • frocks. The Jury found bah the prisoners guilty, when the Recorder sentenced them to he whipped in the neigh bourhood of the canal, and to be confined six months in the Douse of Correction, and there kept to hard la bium Isaac Ilitetnin was indicted tor stealing a bimilk,emi. • 'Minim three pocket handkerchiefs. and other articles, the property of Joseph Br u mley. Prom the et Ocoee of the prosecutor, it appet.ri•il that he was a private the • lath regiment of Eight I) attorins, soul had taken a !dace on lille I,leworth coach, 10 )(o to his gitirters.— • Tile boodle containing the articles in cpiestion was placed • on the roof 11 his side. The prisoner was also a pas senger. The coach stooped at Turnhari Green, and pro sv•ctitor ant oil for a few inition•s, liwring the prisoner and his bundle oil the co tch. On Isis return he finny{ that the prisoner had pone off alert taken the boodle with him. A patrol belonging to Bow-street stopped the prisoner about a quarter of a mile from the place where the coach had stopover!, hot oft the prisoner's tell- • hog where he lived, he suffered hint to proceed. A few minutes afterwards the coach drove itp, and eiliiired of him if he had seen a person with a bundle, and on learning that he had eii her taken ii away in mistake OT 'lnlet' it, he went to the house where the prismer sass ' he resided, and found him with• the things its his prroesa•• shot. Ili was very much townie ned, and had left a • box belonging to himself in the touch.—The prisoner in his defence declared that he had 110 intention of *teat— • tog the property, and that he took it away by mistake. •. fie also received a pond character, from some pe 111111 l • who had known him for upwards of three years, and . who were in the coach at the. time, After the Recorder had &unlined till, the Jury ac- trained him. Thomas Collins and Dennis 1)onniroo, two hoes of 15 years old, were convicted of stealing. au old hand -1 kerchief from the pocket of a Mr. Biitfield. An officer swore that he saw the prisoners watching. the pockets of gentlemen before Collins drew out Mr. Hatfield's handkerchief in Holborn, and gave it to • Donovan. Several witnesses gave Donovan a good character,- - • but The Recorder said they belonged to a gang which the ' officers feared to attack in a body and he therefore sentenced them to transportation for life. This sentence, which was heard with evident no wise, hail a severe elfeet upon the boys, both of wl cried bitterly. 1). 1111 l van professed that 1w had never been in prison before. When they had (seen remover! Imo the bar, the soother of one of them was heard screaming loudly in the yard ailjoiiiing the Court. TIOURSDAT. .1 . it 11111 l ing she sessions terminated, when the Recorder proceeded to pl.{ sets- • leilee MI the persona convicted. Thirty-one were sentenced to 7 years' trarrsorwialion— - two for 14—rive for life—one so sue imprisoned for two years—seven C'r one year—for sex months eight—Moir morons ten—iwo mouths eight--one month three, one • - of them, J. Reynold., to lie privately whipped. Tile judgmeut iir several cases was respited until next sessions, The sentence of death was passed on the following' : persons, twelve in u mmser , who lird bent convicted of capital felonies during the sessions:—John Buckley. J. • itohi,iwiti. George it larshall. Thomas Bi•swick. and J ones Thomas, for burglary. William Pearce, Neil Moran, Anne Williams, Mary Tickirost, James Cruise, Harrah Find and Elizabeth Ford (sisters), for stralin4 in dwellma houses. 1; • The sestkirs were adjourned to Wednesday, the 17th • " of February. i • _ _ .. • filtstVliscs.—Satorday was a grand gala dye at this' !semifinal pastime, ice several matches amongst first rate is -ii of seienee, on the 111.se, between Wade's Mill and ;1 hondlesham, Herbs and Male part of She perfunnauee was equal to any thiug on record. The first month was a sweepstakes of two . iota each, between Messrs. . Wurewoml, Pisani's, Schultz, Thompson. Jtepp, Hollu• • way, and Rodgers, to go six miles round a half-mile '' i circle. They all went of together in hoe style. Mr. , Rodgers soon took the lead, with Mesas. H4rewsuoil and . Tlininimon nearly abreast of him. Mr. Scholl, led he the ' ' ' `'t second mile, and ell being near togrilser, it was a Sae • sight. to the third mile, Mew is. Phillips. and Jepp . .I. were a liondred yards behind ; and Mr. Holloway tell, Itaviog the race to the other three. Mr. Harewood kept a close PPCOIId to Mr. Thompson in the fifth mile, when , Mr. SCIIIIII2 was bear. In the lash WIC-stale Mir. H. let Iris adversary two hundred yards behind, sued won easy- • Captain R. Smith was nnepire, and the principal betting being shunt time, he declared the six miles to have been • • statue is Id minute* and 38 seconds. .; -i DEATH CHIA REINARLARIA Misen.—A shout time age* ii au old man, named Robert Tristraii. who resided in a dirty •,' . ; 1 . court in Cow-cress, brio: to every appearance in the • greatest distress, not harm; continuo neesagaries of life, was admitted as a painter into ilre poor.honse of St. . . James's, CI. rkenwell, where he remained until Friday . ' ik. last, when he expired Some pr.tvon• in she poorhouse • after lets death opened a box, in which were deposited a • few rags of clothes belonging to the deceased. and Its . • • their surprise, in the pockets found IS sovereigns, and - . 1 afterwards three wateiies; this i n du ce d then. to irm..4 Swore minntely, and II toy at last found a written paper, . porp•oliitg to be the use man's will, whereby h e :eves . 1,0.101,. in tier fonds, and other property that lie may ho possessed of at the titter of his deal's. to Murry Anne 71 peon, whom he emits hi, natural daughter, and de- scribes her to he Omni 14 years of age. Tide gill is not I 1 known by any stetson an Uee 110114 house, nod J';liii Scott. Esq. the elosieliwarden, has takes. the affair ions his own • howls. and is 08.111, every exertion in loi• power to trate , , ~ out the poor gist, in order than she mu nut be derixong -. .‘ et her rights mulct het follies's will. • ; -. t • . $ • e . . .... ~ • . f ' } r, -.. - •!'7"A