The National Register. — London, England, 1817-07-28 00:00:00

MIDSUMMER .:S SIZES. BERKSIII;iE. Throw *arisen were held at .litio.n, at wh,cia nineteen privotirra *err tried, and of them: rite ("Into lot; received Jodi:went of Deaths Gsstle and (ivory :.,r stealing seven slice;,; 111. Um! Ar for loirglaiy. 'The two of diets. Jini.e , and Henry Creeds, nem the nrineiptds of et soul: ho have lotig ioksted the ltciglthuenhoed of Alno4 Lion. Jame , .. tinnuer, Richard 1)4- 14, Joseph C irter,Thonias I i i , 'Tllwadi Ord y, John Ditv, Ftiicit: Dry, itti.l Sarah Lunibons it, were all ordered io be trinciported Tor seven v ears. CIVIL *II/V. CI( Or Pcoyl•c 4,7 M tItRIAGE. 11.\11.K15 v. I.olw:rt. Mr. Ylrepticr.l opened the Cow, s nil stated that it was at autism to recover compensa;:o.l is dainagos for a breach of promise of mar riage. Nfr. Wukefild addreased the Court and Jury on the pert of the plaintiff; whom he repress toed to be a ytung holy of respee•aide con nections. and of omsiderable personal saucy and accomplishments. The inifiry, he observed, which stir had sustained through the con duct of the defendant, was almost the greatest which a mall could in flict upon a wrinan. The defendant. who was a 11151) of compete. et fortune, bial.ine aiquainted wit a tlie plaintiff in the summer of 1515, and in a short dine secured both h r heart and Mal:tit/11Y. Ile was intmilaced to her father, who was a fanner of sonic eonsasmence, and was received by her leanly with every presilde confidence and fnend sldp. His intentions to Miss C.'1 , 1! of the most assiduous de. scription, and to such a length had the mutual deterolias lion to he married gone, that a day was actually fixed for the wedding. which was to tithe place on the same day on which Harris, the brother or the plaintiff, was to take the hand of a young lady to whom lie had long been paying his:akin:me!. The wedding (Ire.; was per chr.sed, and !trident:lid chosen. In detb:l) , ,C or all these preliminaries, hower...r. the de:instant, who wits be: i7en 59 and no years of age. abandoral his en,osgements ; and without the slightest appatent astute. desinti,d the plaintiff; tend prat it emnpletely out of his power or make her amends, by marrying a younger lady, a Miss Stone, only t years or age. The evidenc,-, proved the rourtship of the plaintiff (who was about es.,) by the di ferulant at her father's house, hi. saying at one time, when applier: to in comemtenoe of hit: saying away longer than usual, that lie would be as good as his word, and his subsequently disappointing her. 7.1 r. Jervis addresced the Jury at considerable length, on the part of the dellnda•st, tatting the courtship as joke. it., apprehended the Jury would agree With him in thinkin:.; t;:a a few thillinga would answer the 111,tiCe of the case; with teg:.rd to any other loss of which the pUiliffluid a rigid to expect compensation, he reclly could sec Male for to a young lady of 43 lie should irnai.zino to be rid of an out suitor of sixty. was a matter rather of correlation than of sorrow ; and he had no doubt that Miss Harris was heaitly glad to berelieved from his importunities. Mr. Justice l'ark said, that in this case it was for the Jury to Fay, whether from the general conduct of the defendant, who wee a man advanced in life, and therefore cnpaltlc of judging of his actisms, he had not given sufileicut indication of his intention to marry the plain tiff, or to warrant tile belief that such was Ins desire. It was very true that he had never said in expre_s term.. to any of the witnesses who mid been eallad, that he would marry Aldo Ilarti.i; hot it up. rated that when he was I,Ped by Harris, junior, whether fist would marry his sister on the same tli.y on which he was to be mar. tied himself, so far Mai he from denying that he contemplated a marriage with Miss Ilarris, that lie actually agreed to the suggestion. although he subsequently wadded the fuiGhnclit of his proms: e. It was also manifest front his lingo:yr to the father of die plaintiff, when he waited upon him to represent the painful feelings which his absence had occasioned in the mind of his thiughter. that at that time he fully understood the footing upon which he was consideted. In words he said, •• he thought it was better that lie should stop away a little, but that she might depend he would be as good as his word." Here was a clear adintision, that neithee the plaintiff nor her family were wrong when they consid:red bun a man who was to lk.come connected with them by marriage. If the act was otherwise, and that he reslly had no such silos., why did ..c net seize this invasion to undeceive the father, and candidly to declare his feeliruts ? Upon the whole, if the Jury believed the teaintony on the part oft the plain tiff, unopposed as it 1V11.3 by any evidence on the part of the defend ant, who had not attempted to throw a single reproach on the con duct of the lady. whose confidence he had übusist, they would give rich reasonable damages as they, in the fair and impartial discharge of their duty, consider, dui rcontpensc the plaintiff far tile mortifica tion and disappointment width she must neceessarily have felt under all thew circumstances. The Jury, after is short conenhation, found a verdict fcc the plain tif.....llautage., three hundred pounds. Coats 4tn. OXFORD. The Absize• for this county co 1111 l icneed before Sir James A !;an Pal k, Knt. and Sir Won Garrow, Ku t. whets Richard ‘Viddows, ter burglary in the house of Edward Vomit!, at Finstock ; an• I Edward Watson aod '1 I iumas Miles, for break ing and entering the house of W; Wain (Immo, in the day time, at ilia; were capitally convicted, and seldetteed to death, but were afterwards reprieved. —John 130‘, and Thomas Castle, charged ts itio killing a fawn, iu itbatheiai Park, the poverty of the I)take of Mullootnuirli, %vete bentuticed to seven years a iaaspin ta 'non--James chcr, clnnrgwl with a rape on toe body of Jane at G. 41 tilt!, was jfijipig(.4l two beats inapt isonitimil, and tined one shillilig.—•Wm. Itatt was tried Ear the wilful murder of Thomas Clad dun, w hum he Lilted in a basin: match. 'ramie appeared IluttIllit; 111114 . 11' imi the battle, and the learned Judge observed, that altl gI. bitaing and pi izt -lighting were certainly unlawful act- r vet his Opilla)I1 the came amounted only to man laughter.—Thy Juts returned a verdict to that tfleet, and Watts waa utticreit to be 1111pelti011ed 31% moths. CIVIL SIDE. CRUELTY OF orncrns. DISASTERS OF A WEDDING NIGHT. cnomgrs V. JOSEPH AND Will. tANt TURNER AND OTITERN. Mr. Taunton opened this arse, and seated that it was an action to recover damages for an assault rmd hike iinpi imminent, to which th.: defendants had pleaded not guilty ; there were several other ap rcial pleas. in whirl; they Mstified their conduct, sitting that they tr..,re in polsession of a particular house, into wliklt the piiiintifis had o ., truded himself unlawfully. and that they had gently removed him from thence, 4 . they were authorised tor o in consequence of hiscefit eal to depart. these pleas there was a replication on the part of the plarnmt . , in which be alledged eat even if the dcfettoants were jus tifird in leturiving Min from the house in question, in doing so thq hal assttulted him with more viidence, and owl done Lint more injury • .laLtage than Was neccsary for the purpose sustal in their iiill4- 51:1 pleas.—l'pon this was jomml issue. Ala Datineey said, that Of which the plaintiff complained was a violent assault and false impri.onnient inflicted upon last by Ow de fendants, under circtunstantes which were utorly without the slot dim of a justification. 'fire defendants teat. Mhabitrints of tie pads . of iMwell in th•s cerinty, in which palish ti Ii transaction in (location took r alr.c. The plaiiddt was a young man who, on the ramming 0! the day on Which he was /swanked. had ken married to a young person of the name of Harvey , and who, previous to the perfonif oceof the cert moray hue acorn to his settlenkrt being in a parish Calouctattealii:e. fa th er 01 the lieW Urrinicti bride occupied a TUE NATIONAL DEGISTER. Imuse in Pim,:7l, where the violence complained of had taken place To this house, with those fe,lings wl.heh were ratutal to a paren upon such an uecas:em, he imitad his daughter and his new son-in law to partake of a welohme dinner, i.nol to pass the first night of their marriage. hfr. Tomer determined that tut unfortuntiac plain tiff s'.lcruld net sleep in the house of lois futh.r-imlaw that night—he went to the home of old I lams , and peremptorily commanded that the rlatintitt and his sine should not be permitted to sleep there. Finding the old man flisiindined to attend to at. unreasonable a man date, Mr. Turner em.! the other defendants thought proper to perform a sort of pirrison duty upon the oecasion—to take po.isesi.it of the house, and actually to place per,na within to prevent the cntraiwe of the new married couple. Poor Coombe§ remonstrated with the de fendatots, Ltd hi vain. At length himself and his wife took refuge in the house of the uncle or the latter; hut here 'rumor's authotity prevailed and from thence too he was driven with eon trimly, and evo.seil with his win, to the inclemency of the weather, eta late pet tool of the month of November. Thus matters rested till between nine end ten o'cloek at night. when the plaintiff finding all ingmss to his father's loam. stopped both before and behind, - at length wiecreded in gaining admission by a window at the side, and forthwith proceeded to bed with his wife. Short however, were his joys ; for it person who hail seen him get into the window, lost no time io carrying the intelligence to the commandant otfaxr, Mr. Joseph Tomer, who was siationcal in a neighbouring public house. Mr. Turner instantly determined to dislodge his innocent and summoning his little regiment, searched with all the confidence of superior strength to turn Inn! out. On his arrival at the premises he ordered the wretched old tather-in-law to turn from beneath In. sltelterivg roof his son-in law and his &tighter. lit vein did the old man plead the affection as well as the duty which be owed to his children, and the cruelty with ullich he should be deservedly charge able, if on on such a night end such a season lc were to thrust from the doors those helpless beings who had sought refuge within his walls. Mr. Turner was inexorable, and out lee must go. What right helot to give this order, yet remained to be proved. Vow-ever, finding I+l)44l4h:obeyed, he assaulted the ft -alibiing master of the house, and throwing his farniture in the street, himself attended by his guards, as he called them, rushing up stairs. Mr. Turner, Mowed by the companions of his guilt, burst into the chamber of tile new married couple. sod in defiance of their resistance—in de fiance of those agonizing attempts which the wretched wife made to cling to the bosom of the mom to whom she hat? hen betrothed for life —in defiance of that reeetrol which was due to every feeling of hu manity end common decency--this band of midnight ruffians wind the objects of their pursuit, dragged - them frori the lowly couch, handetifled the plaintiff with a pair of strong iron liandeidti, and then forcing upon Imo his small clothee—thus attired. unticiat the chilling aminstphere of it. Novainkr evening. cometeed hint to a distant public-house, followed by his wife, lie timid not help thereby no tieing, however, what he understood to he the mod re of the extraor dinary proceeding which he had dmiled. It was this—an awl gusted notion had gone forth in the parish of Epwcil, that if a couple slept in the parish on the first night of their marriage they would obtain a settlement, Mr. Pawn Gitrrow—" For the night ?" Mr. D it onc e y--.. For the night enly could a settlement under such circumstances beobtained. and ytt thi4 was the prolotuul principle unon which so grossan outragehad been as,mmitted. * John Callew wan then called, and examined by Mr. Taunton. Hi:knew the plaintiff, and also knew the live defendants, Joseph Turner, Willi.= Turner, George Watt., Thomas Lyele.iard, and George Garlener. Joseph Turner was the churchwarden, and 'rhi;niasliard was the overseer of the parish of 1 , .p well ; George Watts was the parish constable. lle proved the faits as stated by Mr. Dummy. Cross examired by Mr. Jervis—Nathaniel Harvey was a pauper, and lived in a parish house; the banns between Coombe and Miss Harvey had been publi,hed twice in Epwell parish, but had been forbid by Joseph Turner ; heard that the parish officers of Bridles had married Coombe by Licence; Miss Harvey was pregnant. about half gone; defendants km.w this. she had had a bustard child before. Sir tVilliarn Carrow—lt dill not signify if she had a hundred illecithuate children, that would nut justify the conduct of the de fendants. Witness in contintittioo--:Therc were two or three little children, and old Harvey and his wile in the san...: rOJIII ;II which the plaintiff' was in bed with his wife. Sir %Vial= Garrour—i• it is sometimes a relief to Counsel that the Judge shotiki intimate hisopinitm in the progress of a cause. In this case it appears to me most clearly, th :t the only que.,tion here is to pounds, siiillings, anti pence ; tbr inos: certainly I shall charge the .lury, upon the cvidisice already given, to find a verdict for the plaintiff." Mr. l)aunccy said he had several ether witnesses, but should not call zny more. Mr. Jervis then nddres,ed 'the Jury in mitigation of damages. The Learned CounsA proceeded to state all the circumstances:tut:tid ing the conduct of the plaintiff, particularly adverting to the disposi tion to violence which he had manifeited, both before he obtained rolinissiim to his father's house, aml efterwerds, whet he said he would not go tut, and added that murder would take place. 'f his violence it was that led to the use of handcuff:. Sir William Garrow, in summing np the evidence observed that the plaintiff in this ease, a man in litintlele lit., complained that the defendants had committed an ass alt upon his person, and forcibly removed him from a Nawe in which be war, and at ..n inclement season of the year. thrust him into the street almost in a state of nudity. The defendants, in justification of their conduct. put in certain pleas, in (vital' they solledged that the plaintiff was wrung fully in u certain house ; that they were by law entitled to remove him ; and that in doing so, lead only laid their hands gently on hes person. To thew pleas the plain:Mined replied. and alledged, that even taking the defendants to have the tight which they claimed, they had used enure force and violence in asserting tent right than was necessary, and by law allowed. This was the plain eutionion sense of these pleadings : and in rui n ing to a conclusion upon the ease, he apprehended that the jury would find a very hale, deny, difficulty: for himself he could soy, that long since he had cute ski. red the inert question to be determined was. the amount cf c9lll - peva:Mon to which the plaintiff was entitled. 'flee Learned Counsel for the eletinelant lead certainly, with great ingenuity. endeavoured to ne:sleaul, he must say, the minds of the jury irons the real question at issue, fry- mixing up the facia with a reference to the law, as bpplicabk to these facts. It was his duty, lioweYer, distinctly to state. that, by law, the defendant had no fight whatever to lioy finger upon die pluititirf, or to touch a hair of his head. The only apprehension he hail in viewing what had just been peeved before bine, was, lest he should say any thing which would lead the mind of those whom lie addressed to give damages beyond what, in their sober, deliberate, and hone st jtulgment. they were hound to give. It had been truly said by the i.eaneed Counsel, who leads() eloquently brought the circumstances of this extraordinary case before them, that they could seat ee be credited; her a tissue of more outrageous and unjtuaitiable oppression, had, lee believed, seam ever bethre Mt' under the attention of a Court of Justice. 'flee law very pro perly gave to all-yublie officers wi.o were ent usted with list:l:rent:an, the most temple protection when they kept width: the butinds of their duty ; but a here they supped beyor.d their hounds—where they used the khn.er wide which they were invested, to oppress rather than prote t has Majety's suiteeta, no set of rneu deserved a more exem plary punishment tetin they dud. It was Lot to be endured that offic ors of parishes should prostitute the sanctity of the marriage ceremony io the manner to which allusion had been made on the ;nevem nceasion—and that a couple who firm accidental' eireetoo mance. might be supeosed to have lad an improper intimacy toge th er, shad r e by them, withou t authority fmni die principles of law or mo rality. he forced into a state of matrimony, widen ill all probability. could ouly lead to future misery aid crime.—'!'hat such conduct had taken live, appeared from whet lad transpired tl at day, to the dies• grace of the country in which it lad occurred. N ith regard tee the .uwitssaml iucxctbai4e coutiact of the defendants, be was bound STTLY Ali, to say, that there was no ur.gistrate in the kingdom who c•fgdd have lent the ruictiors of . ...it name to such a proc ,, eiling. 'There was no authority Ua Ia It it could be Justif,:o. 'The Learned C‘itnsel for the defendents had endeavoured to ralliete the barbarity' which had Leen treed in thus draping avian feat Ids heti on the first night of hi d te,itiling, and taxi the arms of his wits. by refer:Mg to the expres.sions a hirlt the wan ig..41 used, when he thus found hie liberty and hi.: bruipinvt encroached upon ; and allusions liad teen matte to the deelanttinn of the plaintiff, that hefts Le qu',thed his father's him ;e that night municr wolikt be committed. Thnt ex pressioo, however, should he taken with its context; audit was his duty to ~.ate, that (sun iftleath had ensued, from a rest: ranee to the oppresion of the defendants, the man by whom it lied been Effected would have been justithal in law. Such were the ronseceerces to men who took upon themselves to dispense with law, and to act igainst it sacred provisions. T;ie Learned Judge r_eavitalated the short but atrocious facts of' the cas.e, mien whit:, he conitnented in the most eloquent and feeling . manner; and in adverting to' thee charge of indecency brought against ph•.intiff by 4r. Jcrvie for w tiring to rest with his Kite, in the same room in which his father and mother and three children slept, do ired that it should be recolleet,d that the parth:s were in humble life, and that the plsinrifr sooght ros. the bed of voluptuousne , s, but a shelter fur himself and his wit.! front inelemeney of a winter's night. In concluricm I..ordship observed. that the jury were betted to rive the pla;neff damages ; by this he did not mean excessive, outrageous, or vindietiie, damages, which as sensible members of tociety, they conceisetl the outrage committed ue the plaintiff demanded. The ,:nry, after some consolidation. found a verdict for the plaintiS —.Domain:a Putty l'ounds. H 31PSHIRF. At the assizes for this county, which commeneed at Win. chr, stet., before Sir Itohert Graham and Sir J.11161'3 Blirrott:;11, the following were among the prisoners tried, 17.•-110111iIS Broomfield, for robbing Joseph Downtiiit, ou the Irighvi at Stnney-cros, , , when on his wly to Southain,itoo„ of three one puitml 'lows and some silver.—Guilty—Leath. Putt r Ir Pearce and Pierce Ulia7les Peril's:lot, n err tried' for hat ing in their possession a quantity of King's stores.— fierthrlet was :minim -Li, and Pearce tined 2001. and to be imprisoned till the flue is paid. Rihiam Lone, charged with admini.tcring poison to Ann Cole, and thereby occasioning her death, was, tiller it rtioq 'nitride int estigation of the cit emustatices of the case, fount ,Nit _ _ There were seventy-three prisoners tried, of vi hum form teen were condemned, and eight transported; the capital offenders, were all rept it yell. 1 1 4;ORTfIAMPTONSTIITIE. These Assizes began hefore the Judges Bayley and liot. royd, when Joseph Whalc.ck, H in. Thompson, Tim:sots Appleby, Henry liobnoun, John Lewis, Joseph Watkins. and Wlll. Roberts, were capitally eousicted.—Win. Rem.' , W in. end-bastinel llathhone, were sentenced to 611 l'- fren ea transpcoation.— Edward Chapman, John Lard Sharp, and one other pri:oacr, were sente•urrd to stem years tran ;Fortunes' ; and live to v.sriuns terms of imprisonment. 'no Home Circuit commenced at Hertford on Thursday. !refute Lord I'Menhointl;:h, in the Nt i Pritus, and Nis..lus tice Dallas, in Ibe Crown Court. Nothing ne . importance. uc curl ed. At York Assizes, I !tory Thompson. John Wikou, at d John IVood, were eapita:!y convicted of rohhing the Stamp. (dike in that city of stamp. of cations dese , •intioic.,amomniv4 in value to some thousand pounds. The Chief Baron, who tried tha prisoners, told them not to entertain any hype of mercy. At the Assizes for Worcestershire, eleven prisoners re eel% ed Ne t ence of death. Thymus Eastliorv. triad under Lord Ellenhormigli's Act for eating and rudimiug James Gilson, %vas left for execution. WARWICK SESSIONS. DISSENTING MELTING HOUSES. HAVES V. THE POOR RATES OP rAu.Tox. appeal was brought in correquence of an assessment lately made Ms Baptist Chapel. erected about four years ago, in tile ham let of Paihum in the parish of Monk's Kirby. In apposition to the inclination of the inhabitants of the hem/et, this Chapel had been assessed to the last four rac.i, as of the animal value of 7). Althouch the amount was small, the prineiyle was important ; and therefor', the person rated as the occupier considered tl,:q as the expences ne cessary to ralii.-,ious worship equalled theteeelpts, thc:e wa:; no bene ficial occopatoon, and that no ante upon htm. in respcet of the c'hapel, could legally be made lie lad thertfore applied to '- the Society ti:r the Protection of the Religion: Liberty at' l)iescntcra," in Lon. dun, ::red they MAI authorised him to appeal agzlitt,t the rate. WII:m the appeal was eAletl, mid Mr. Header and Mr. Heyttelda, who were Council for the Bp/pliant, were ' , roc...ding in the Appeal. Mr. Trench un the part of the Pari,h Ofitcars i tattd, that they were convinced the rate could not be Sustained, and that he was Mstructed to eons:TA that the rate should be qoafhed, and 151. paid ty the rp. peliant fur his costs; and which was accordingly ordered by the Court. LEEDS SESSIONS. ! The Grand Jury having been sworn, the Recorder, John Hardy. Esq. addressed then: to the following effect Gentlemen of the Grand .Jury. It has often been my misfcrtune to observe, and the ob. serration has always been made with regret, that the Wender for the r•;..r..ions of this Bomugh contains a greater number of ofiencea than inigot be expected from the limited extent of its jurisdiction. and which are more numerous in proportion to its extent and lipid:Mom than in other parts of the Biding. It is probable. indeed, that part of excess arises from a more active and efficient olice th.el is elsewhere established, and which permits fewer offenders to remain undneocered ; and ninth of it may orbit., from the concentrated pipit. lation and cxten eve commercial tchsactions of ties place, which id ford incater facilities for the comini , sion of those petty depredations which fonn a considerable proportion or the cases t". . ally contained in this Calender. W hat pino. Lion of these °Hewes may be attributed to the late presivre upon tire lower closes in sum: ty in consitmenre of the diminution of einploy ment. and Oa , adv.:weed price of grain, it is impossiHe to calculate. But es this pri:sure is already much sib - siated, and his liki ly by an abundant harvest and a reviving corn meree, to be almost, it not entirely, removed, the hope may be cher. fished, that the crimes to which it may have given birth, will also be renter etl. At any rate. I will not ray the plea of wart affords no OE ruse, lint the extenuation which it is smiynosed to hold but, will be done away. I canint conclude without e..pressing the satisfaction I feel in the reflation tl!at this place has been entirely free from the tunoiltootns outrages and that spirit of insubordination which has tbs. s oar: d sow: tidier parts of the country ; nod I um t that the inipMvc iitents and extension of our commerce will furnish the labouring daises with that employonnt which. by occupying their minds. run ' rtes.:rye them front heir;; deluded by the at ti&res of wicked and de signing men, into mewures mut: only ac.x.Nitte the ir distrer:a and terminate in their ruin. Gentlemen, the c«: es of the Calcentr do not require that I should address Loy observations to you Up a them. It any difficulty should occur, the Court will be wslbag NI afford you every assistance la its power."