The National Register. — London, England, 1821-07-29 00:00:00

Az _• FROM TUESDAY NIGHT'S GAZiTTE.. BANKRUPTCY SUPERSEDED. C. W. 11 nybens, Castle Street, Leicester Square, picture dealer. BANKRUPTS. ' • •• • C.W. Iluybens, Castle Street. Leicester Square, picture dealer. Solicitor. Mr. Clarke, Bishopsgate Churchyard. T. Treadway, Sloane Square, Chelsea, chinaman. Sole. Messrs. Atkinson and Co. Chancery Lane. J. B. Snowdon, Lyoa, linen draper. Sol. Mr. Atakinstm, Temple. W. Kirk, Sutton, Yorkshire, jobber. Sol. Mr. Wilson, Grerille Street, Hatton Garden. J. Jagger. East Stonchouse, Deronshite, stone mason. Sol. Mr. Wright, 'Temple. H. Smith, Blackburn. Lancashire, cotton manufacturer. Sol. Mr. Wigleswerth, Gray's Inn. A. F. Monck, Tollesbury, Essex, dealer in cattle. Sol. Mr. Lawrence, Maldon. 7', Lesiaghara, Worcester, hosier. Sol. MO. Platt, New Boswell Court. J. Roberts. Kingston upon Ilull, black beer brewer. Sol. Mr. Shaw, Ely . Plae, Holborn. W. Seat tufo' di, Little Eastcheap, wine merchant. Sole: Messrs. ll'adtion and Cu. Austin Friars. DIVIDENDS. July 21, R. Simpson, Crown Court, Threadneedle Street, mer cli.on—tm, J. H. Browne, New Road, St. Pancras, statuary— August 14, H. Friend, Southwark, engineer —en, J. Browne, Brideesea,cr, tailor -14, J. Townsend, Ludgate Hill, laceman -14, T. J0n,,,, ‘Vute, fleets, banker-14, G. W. Bulkley, Queen Street, Hanover &var.:, wine i•nporter-14, J. I.yon, Marshain Street, cooper-14, T. and .1. Dowley, Bankside. Surrey, corn Inerc:uents-14, W. Kerr, Sherborne I.ane, wine inercluint-16, .1. F. an ! J. Dubois, Alderman's Walk, merchants-17, J. Wood, Nottingham, hosier. CERTIFICATES to be granted August 14. T. E. Macs, Rochester, miller—T. Al. Hungerford Wharf, Strand, coal merchant—J. Partridge, Stottrport, Wor cestershire, molester. LAW REPORT. COURT OF KING'S BENCH, MONDAY, JVLY 22. SPECIAL JURIES.RAYNER GODMOND. This was :111 action on a policy of insurance upon a qu :tatty of corn destroyed in the conveyance on hoird a barge from Selby to Halifax. Before the barge got to her place of destination she had occasion to moor in a thick, and the water being unexpectedly drawn off, she struck upon some piles at the bottom. The defence was, that the loss was not occasioned by the perils of the sea, against which the plaintiff spe cially insured. The learned judge was, however, of opinion, that this was a cat in which the underwriters were liable, and that the plaintiff was entitled to recover. Verdict for the plaintiff—Damages 2001. BENNETT AND OTHERS V. HILL. Scarlett stated, that this was an action on a policy of insurance on the ship Susannah, at and from the Cape of Good Hope to any place, fur 12 months. It appeared that the ship sailed on the 26th of July, from the Cape of Good Hope to New Brunswick, where it was humid adeiseable to examine her bottom. She was placed upon the carpenter's repairing ways, and lashed wizh rop,•s to post.. Chi the tsth Oct. a sudden gust of wind carried away her mast, broke the lashings, and lamight her on her side. The damage she sustained was sa great that the surveyors condemned her. The ship W4lc then sold fur the benefit of all concerned, and Imaliy broken up. Inc Solicitor General submitted to the Judge. that the plaintiff could not recover. Tile insurance was ..2.aitist the per.ls of Cie sea, and in this case the vessel had been destroyed by au accident on shore. Judge Beat said, it was one of the perils against which a policy might aßurd protec.ion, but he could not say without a special statement of the liability of the de fendant, that it was a loss by the peril of the sea. The plaintiff was nonsuited, with liberty to move the nonsuit aside. CHARLTON V. MANNERS. This action was brought by the plaintiff, the master of a ship, to recover a compensation for services performed. The defendant was the proprietor of a ship named the Alfred. and it was alleged that he had employed the plaintiff to examine the accounts of a transport, and do other business as a master mariner four years. The Counsel on both sides consented, as this was a matter of account, to refer it to a gentleman at the bar. A verdict was accGalingly taken for 9991. subject to reference. JULIAN r. JORDAN. The plaintiff, a surveyor, brought his action against the defendant, a wine and brandy merchant, in Goodge Street, to recover Gi. ns. fur attendance upon a sub ptena, at a trial in which Mr..lordan was the defend ant. Upon a reference to the mas:er, the regular corn pansation was awarded, and the defendant gave Mr. Julian a guinea more than the master allowed. That, however, did not 3illis; s y Min, and he brought his action LS/ recover the I.alance of Ins demand. The learned judge was of opinion, that as Julian had accepted the stun awarded, lie had no right w bring an action lot a balaticc.—Tiie plaintiff was onnsuited. PRICE AND ‘‘ IFE V. WILSON. This was an action to reenter damages for an assault. The plaintiff having beets illegally, as it was alleged, thstratised upon by his landlord, some dispute ensued, ikons which the plaintiff's wile, who was in a state of pregnancy, was assaulted by the defendant. The unfor tunate conttiquence of the assault was a miscarriage.— Tite July round a verdict for the pla' 'Mt.-Damages 501. CLAKZE V. STEVUSOA• The plaintiff, an atturoey, rattsght to recover from the (kleinlaut, ho carnet on business in BOW-6111e, Cheap side, time amount of a boll of costs incurred in proceedings Uh.lvf the bankrupt, y ul \lessrs. Nicholson and Brown, or Boa-lent. ti r. Stevenson was the landlord of a house let to Nitho!son and Bross it, who became bankrupts. Tile ass.gitee,,Cowiter and Cuthbert, as it appeared from tile es;clencc, made application to the defendant to per. nun the Ku..ds to be sold 011 the premises. The niaintat, v.no acted as attorney, at last obtained the deientlant's consent to sell upon the premises, having first satisfied the rent. A person of the name of Thirlwell was pat ut • *'• I •.A-J .ll • 4. as tenant, and, as it was suspected Thirlwell was about to sell his furniture and injure the premises, the plaintiff advised the defendant to snake a distress. The goods were accordingly taken, and an action of replevin was afterwards brought, wnich occasioned proceedings on the part of Mr. Clark, which constituted his bill, amounting to 2171. The business done was proved by several witnesses. Mr. Gtirtiey,, for the defendant, contended, that his client was not liable to the plaintiff's claim. Mr. Ste venson being applied to by Mr. Clark, denied his consent to the sale of goods oil the premises, and the subsequent proceedings, unless he was released by the assignees from all costs and expencies. The assignees in consequeuce signed a guarani, by which Stevenson was to be at no ll expeee. The defendant had done no snore that lend his name to the proceedings of the assignees, and the plaintiff, who acted as their attorney. The guaranty signed by the assignees was proved, and as it did not appear that the plaintiff had the least ground to sustain the action, the learned Judge directed a sunsuit. TUESDAY, JULY 24. THE KING C. BELE, alias SERE. This was an information filed by she Attorney-General against the defendant, for a seditious libel published in i the Republican paper, on the 26th of October, 1820, printed by Jane Cathie. The Solicitor General stated the nature of the libel to the jury. It ran thus—" There is not one vice that the King put his hand to his heart and say ' 1 am innocent of it.' Be has inherited the gross obstinacy of his fa ther, and the avarice and meanness of his mother, with out any of their domestic qualities ; to this he has added all that vice has taught or conjectured." The defendant stood in the situation of servant to Mr. Cathie, and sold the number of The Republican in which this gross libel was published, and could not be ignorant of the stature of the work. Evidence was then called. Sam. Holditch, messenger of the Press to the Stamp Office, proved having purchased the number of The Republican of the 20th October, 1820, containing the libel, from the defendant, who served in the shop in which witness had seen him for some months. Mr, Prendergast addressed the jury for the defendant, and urged that he was merely acting as the servant of Carlile, and could not know the contorts of the papers which he sold. He trusted also that the jury would consider the extreme youth of his client, who was now only 19 years of age, and was inertly in the exercise of his lawful calling, endeavouring to procure an honest livelihood. H. T. Willis was called and examined; he gave the defendant a good character for moral and religious prin ciples. Mr. Justice Best charged the jury, that the publi cation was a most gross and scandalous libel. The jury imutedialely found the defendant guilty, TI4 KING V. MARY ANN CAR LILE. This was an indictment by the Society for the Sup pression of Vice, against Mary Ann Carlile (the sister of Richard Cartile) for a blasphemous libel on the Holy Scriptures. The libel was put iii and read, and the sale of it by the defendant proved. It spoke of the Bible as a "book so full of wickedness and contradiction, that it could not be the word of God." the defendant had no counsel, but she put in a long written derelict', which was read by the officer of the court. It justified the pamphlet as a moderate and ar gumentative examination of the Christian religion, from which it could not be the intention of the law to shield it. :Or Justice Best interrupted the reading of part of the .cloice, which stated the " common law was a com mon abuse," and said he could not allow that part to be read ; but the defendant, though repeatedly requested to expunge it by the judge and jury, declined doing so. Mr. Justice Best charged tile jury, that in his opinion the publication could not be considered as fair reasoning in moderate and respectful language ; but, in the terms of the indictment, a scandalous and blasphemous libel. The jury, without any hesitation, found the defendant guilty. " CONSTITUTIONAL" PROSECUTION. THE sin• V. mmtv ANN CANLILE. This was an indictment, at the suit of the Bridge-street society, fur a scandalous and seditious libel. The Jury being in the bus, the learned Judge requested to know it' any of them were members of the Constitu tional Association. The reply was in the negative. Mr. Tindal their opened the pleadings. Gurney said that the present indictment had been found by a peed jury, at the instance of the Constitu tional Association, against the defendant, Mary Ann Carhle, for libel. Tie learned counsel then commented upon the obstinate guiltiness of Mr. arlile and his fa mily. The libel poi ported to have been written by K. Cathie in Dorchester gaol, and it was entitled " A New Year's Address to the. Reformers of Great Britain." James Rignall said—l purchased the libel in question ou the nth of March last, at Car!ilea shop in Fleet-street. I saw the defendant, Mary Ann Carlile, herself. Several other pamphlets of the same description were l)iug upon the counter at the time._ Cross.examined by Mr. Cooper.—Who are you ?—I ant an agent to the Society for the Suppression of Vice. Din you are also employed by these constitutional peo ple, as they call themselves / Only in this one instance. Were you employed to purchase the pamphlet iu ques• lion put chased that and others. You were employed by the Constitutional Society to purchase them I—Yes, I was. Who sent you ?—Mr. Alurray. The Attorury ?—Yes. And be directed sou to purchase this pamphlet, eh ? He did not particularize any. Did lie state his object in the purchase ?—So. What wages are you to have ? I have no wages. Then you perform this agreeable duty gratuitously 1— Nu, I du not say that. Then how are you paid ?—I made a charge for my Peihaps you belong to the Society ?—No, indeed, I do not. 4...JlMll&ifill • ~" Well, I do not wonder should he anxious to se parate yourself from the society ; but what are you to get ter your job ?(—.-A laugh in court ) Mr. Justice Best desired that order might be kept. Ido not remember; I have done several jobs. (More laughing.) Mr. Gurney declared that he should request the Judge to notice those persons who were disorderly. Well, but what have you been paid ;—I do not remem ber; upon my oath, I Juno!. Come, come, the round sum ?—I think it is better than IL, and under 71. 7s. Arid how many of these errands did you ran on for year 71. 71.? Is it necessary for me to answer that ? I think so.—l will take the opinion of the Court upon it first. Mr. Justice !Acct.—lt tends to nothing ; but it is as well to answer it. At different booksellers' I purchased different I generally went to buy that which I myself thought And withont hope of reward ?—No. Oh, then it was not altogether out of virtue and patriotic feeling?—Those were two of the reasons. (General laughing.) And that is your mode of getting your livelihood ?—At present I have no other mode. And how lung have you been at it ?—About a year and va half with the Vice Society. And what did you do before yon suppressed vice and libels?-1 got my living honourably, as an officer in his Majesty's customs. And are yore still an honourable officer, Sc.?—No; I have left my situation. Retired upon a peusion?—No. How old are you 2—Fifty-four. No pension, eh?—None. Horatio Orton was then called. A general murmur ran through the court, which was crowded to excess: and all persons most deferentially gave the witness •ay. Examined by Mr. Omiley.—l purchased the work in question ou the 20th of Match last. Cross-elainined by Mr. Cooper.—How came you to make the purchase was directed by Mr. Mur tay, the secretary of the Constitutional Association. I was sent on purpose to purchase it. What are you, pray 3—l ant clerk to the association. Not a clei k in Mr. Murray's office?—No: scpaidte from the attorney's office. And how did you employ yourself before you Hied your present honourable post 2—l assisted my brother in his business ? What is your brother I—He corresponds with cowry newspapers. I copied for him. I was not paid any regu lar salary; I had money when I wanted it. What is your salary iu your present situation 3-1 t is n,it fixed. Their you work at present by the piece I—No. Wells By st hut rule are )ou paid?—The committee has not yet determined. But Idu nut cant money. If I caret 61. or 101. I can have it. Oh, you cau have it T.—Not (rota the association. No?—Nor from my brother. Mr. Gamey interfered. It was his duty to protect the witnets. Mr. Justice Best did nut see u hat cud well a mode of el imination was to answer. Mr. Cooper knew that he was not strictly regular. Mr. Justice Bests—No, nor oily thing Ike I color. Mr. Cooper rubmitted that it vine out usual in piusecutious like the present to cuntine a counsel veil y strictly. Mr. Justice Best ; No; or 1 should have stopped you long ago. Examination continued.— And is this the first job you las done fur Murray ?-1 do nut remember. You know a mau of the name of King 2—Yes ; but 1 du not remember to dune a jub of this kind with King. Have you not made an affidavit in King's case 2—That was since this. How long have you been employed by the sucitty ?-•Since tht Mb of January. And how many jobs have you done T—l do not know. Do you mean' they are so numerous that you du out rt. member them ?-1 do. And from whom have you had your instructions l—Gent rally from Mr. Sharpe, the honorary assistant sectetar). Oh the I ))))) orary assistant secrctar). (At this time the spectators. who were %cry numer.,u-, were entertng so lieurtily into the feeling of tiie minution, as in some degree to bre.k in neon the decursius of the omit.] Mr.Justiee lies( could not understand a hat was meant by 51r. Cooper's cross-examination. It would answer no pur pose but that of producing the kind of response which miss then disturbing the proceedings. Mr. Cooper could nut ish to produce such elf ct. Mr. Cooper did not wish to ask a single question ssli;dl was not to the interest of his client. After a few more unimportant answers fra n c the Oa ton, the libel was put In sod read. The passagts co/tags...l were pretty nearly as follow To tuft of the Benno constitution, I take to be a certain proof of dish.nesty. 13 t. lain has 00 Constitution. lit the Spanish constitutioa [dere is something tangible; but in Britain tittle is nothing bat corruptiou through the system of goStriniient. The law' are corrupt and pal Intl, both iu themselves and iu their ad ministration. I it short, corruption, its 1.1010110.1, at tilt sun at town day, Is the oil as it is said, with which :he system orks, and a precious oil it is for the interests of the people." Iu another part of the pamphlet, the writer said—•• Reform will be obtained when the existing autitio 'ties have no louger the power to withhold it. It w ill be obtained as sum: without petitioning as w ith at. But something more !Win petitioning attitude w ill be necessary. At tilts 1110 ail Ili NOUid not say a word about imuireetion ; but ae mast I. ready and stead;, to meet roam tent eircuinshitices.” Ur Cooper (a ho so much dist ioguislied tinoseii some time ago, in the ease of the King against Davi ..... , by lies at ••• went that tile condo t of Mr. Justice Beg, to adopting unheard of practice of tiling u defendant in the course dm. defence, and thereby intimidating him, :Corded just ground for a new ti tal,) then Bose to vldiess the Jury tin behalf of the dercial.iiit at gie.it lento and all equal ability, notwithstanding the ;cry frequent udeuupto.as of Air. Justice B tit, who UfterWitida mein entu.l very clue eau labial. of the contents of the publication in question; Hurl Concluded by intimating, as his optima to the ,iur), that Itie publication was a libel of tlic most ilangeruu ileac rlpl nl L. - 'The Jury, after a few monituts' comultattou, ;ea the Court at halt past four o'clock. When the Jiiry bad been uut an hour, a written comrou• nication was delivered from their foreman to fdr. Justice Beat. Com rcadwg the paper, his Ladsliip directed that _