The National Register. — London, England, 1811-11-10 00:00:00

I'lW, NATIONAL ittGISTER. all Russian ships, goods, and subjects. On the 9th of necc.m ber preceding, a declaration was made of the causes of com plaint against Russia; and all connexion with her was put an end to. Lord ELLENBOROVOIL-But we are not at war with many nations against whom we have cause of complaint. It was upon the absence of the first document quoted by the Learned Ser jeant, that the question went to the Jury, with the observations of the Judge, the other day; and that the Jury decided as they . did. No imputation lay upon them or the Judge fur that &el.- sion ; for his Lordship repeated, that neither were bound to know of these orders of reprisals, and that they could only go secundum allegata et probata in each cause; and if evidence were produced in one case that led to one conclusion, and withheld in another, whereby the Court came to another conclusion, so that the verdicts varied every day, It might be lamented, but it could not be prevented. " I wish," concluded his Lordship, 4‘ proclamations were transmitted to us by some mans. I don't know how the case stands as to Hamburgh at this moment." Mr. Serjeant Best added that he had an affidavit by Mr. Thornton, who was to have proved that Russia was at war with England at the trial, stating that he was prevented by illness from attending to do so.—Rule nisi granted. KEEN V. DORNIAY. Mr. Serjeant Shepherd moved for a Rule to shew cause why the verdict for the Defendant should not beset aside, and a new trial granted. It was an action upon the statute of 5 Elizabeth, against the Defendant, for carrying on the trade of a miller, without having served an apprenticeship to that trade. It was proved on the trial, that he had never been such apprentice : and that, in September, 1809, he took a mill, in which he carried en that business ; Charles Green being employed to conduct it. It was proved, however, that the Defendant never gave any di rections as to the conduct of the mill, although he received its profits ; but he used always to say to Green, I know nothing of the business; and, if the mill stops, you must put it in mo tion." Lord ELLYNBOROUGH had observed, at the trial, t hat the statute did not apply to the defendant. Mr. Serjeant Shepherd proceeded, that it certainly did ap- pear so to his Lordship then; but there was a case in Salkeld, of Hobbs qui tart v. Yining, in which the defendant carried on the business of a cloth-worker, he himself being a Turkey merchant; he employed the men, but never interfered in the management, exactlyas in this case : but the Court held, that he carried on the trade, and that those employed by him were merely his servants. In the present case, the defendant received all the pr cif ti. Lord llLLENeotiou,3ll.—The statute of Eliz. was intended merely to exclude persons from carrying on a business in which • they had no skill; but by no means to exclude a man from employing his capital in whatever legal way he pleased. On account of the case cited, however, the Court granted a Rule to shew cause. his wife ; that the property was then litigated in Doctors' Com mons, but must be decided in Champoni s favour, by which he would become possessed of a fortune of from 60 to 70,0001. up on which representation the prosecutor, Jackson, was induced to advance him a considerable sum of money, to sell to him a cur ricle and four horses, amounting altogether to upwards of 20V01. for all of which he had taken his warrant of attorney. The grounds of the present motion was, that upon the trial a letter was given . in evidence, which was swor n to b e o f t h e hand writing.of Davison, and directed to Jackson, stating that Davison knew that Champoni had been in every jail in the kingdom, that it was difficult to indict the parties for a conspi racy, and advising Jackson to withdraw the indictment for a conspiracy, and to indict them for obtaining money under false pretences. There being no communication between Oakley and Davison previous to the trial, the latter was not prepared to answer this evidence. He had, however, an affi davit denying the fact, also the affidavit of Oakley and Stephen son, denying the conspiracy; and, further stating, that there was proof that the representations n - ede by Davi son as to Champoni's property, were in a great degree true. The Learned Counsel further contended, that this was not an-in. dictable offence, but might be the subject of a civil action. The Court, however, thought that the case had been fully in vestigated before the Jury, and any other evidence now could little vary the•case ; the rule for a new trial was accordingly re fused. But the Learned Judge observed, that It was still open to the party to bring his writ of error. The question respecting our relations with Rus.sia was under consideration in the Court of King's Bench, on Monday, at Guildhall, in the case of a policy of insurance from Archangel to Great Britain, in which Mr. Serjeant Best produced, in order to prove that this country was at war . with Russia, a Gazette, containing an order of reprisals. Mr. Garrow did not know of this Go:tette, in the late case in which this question occurri d.— Lord Elleborough—" Nor am I bound to know of all procla mations. It is quite enough to get all the Acts of Parliament in the statute-book into one's head."—ln consequence of the order of reprisals, it is likely that the decision of List week, declaring Russia to be neutral, will be reversed. CRIM. Cox.—An action is pending against Captain o—, a young Dragoon Officer, at the suit of an independant yeoman in the vicinity of Englefield-green, for criminal intercourse with his wife ; the damages are laid at 10,0001. The Lady is now with her father, an architect in London, pregnant with her third child. Ai+ OLD BAILEY. MONDAY. Emanuel Jose de Sylva, a Portuguese seaman, stood capitally indicted for the wilful murder of John Douglas, a British sea man, on the 22(1 of September last, by stabbing him on the left side of the belly with a knife, of which wound be languished and died in the I.ondon Hospital, on the following day. Thu evidence against the prisoner not being sufficiently conclusive, he was acquitted. When the verdict was made known to him, he embraced the turnkey, and his countenance expressed the most extraordinary emotions of joy. Henry Cruw! , :y, another foreigner, was capitally indicted for being found at large before the expiration of his sentence, he having been capitally convicted of a burglary, and his punish ment commuted to seven years transportation. • This was the third time the prisoner had been brought to the bar in the pre sent Session; but on both the preceding occasions his behaviour appeared so highly fraught with insanity, real or affected, that he was remanded. To-day he appeared tolerably tranquil while the evidence was giving against him, except that he ate wits great appetite, nearly the whole of the rue and other strong herbs usually spread on the front board of the dock to correct unwholesome effluvia. But when called upon for his detence, he revived all his former appearances of mental distraction. He shewed his head desperately wounded in two places, clueing an action on board of a 74, in Admiral Duncan's fleet, and said he would leave his case to Jesus Christ and the Twelve ilpostlee.-- , The Jury, however, found him Guilty ; and when going from the bar he gave three vociferous cheers. ' • Itganfleld was indicted for obstructing H. Smith, an Officer in the Customs, in the discharge of his duty, at Widmer. Mr. KNAPP stated to the Jury, that by the provisions of a Special Act of Parliament, a Middlesex Jury was empowered to try this offence, although the fact wail committed in the county of Kent, and that the same Act rendered the offence a felony, and subjected the guilty party to transportation for seven years. He then stated the facts, which were proved as follow :—That the crew of the Rattlesnake Custom-house lugger, perceiving a vessel coming on shore. which they knew to be a smuggler, made after her, and as soon as. she landed near the be a ch at THE KING S. THE INHABITANTS OF DEVON. Mr. Gdrurd moved to set aside the verdict for the Gown in this indictment for not building a bridge. The bridge had been erected 30 years ago over a branch of the river which separated Dorsetshire from Devonshire, and this river was wholly in Devonshire; yet as the bridge formed a part of the 200 feet excrescence of high-road front a larger bridge, wholly in Dorset shire, and was therefore upon a high road which the county of Dorset were to keep in repair, as an appurtenance to the larger bridge. It was Mr. Gifford's duty, for the county of Devon; to contend that the county of Dorset ought to re -build this Devon shire bridge too, as an appurtenance to the Dorsetshire other wise the county of Dorset would be relived of the burthen of keeping so much high-road leading to their bridge in repair as they were bound to keep it by common law, and by the statute. Lord ELLENBOROUGH could -not consider this as any other than a bridge in Devonshire ; and while in its reptile state of a ford or high-road, the county of Dorset might be held to repair it; but the county of Devon chose to have a bridge, and they must not, therefore, put upon the adjoining county the expense of their grandeur. SATURDAY, NOV. 9. THE KING V. DAVISON. Mr. Nolan, on behalf the Defendant, moved for a new trial in this case, chiefly on the grounds of surprize. It was an indict ment against the defendant Davison, Charles Champoni, Oak ley, and a Dr. Stephenson, for a conspiracy to defraud Thomas Jackson of a considerable sum of money under false pretences, and tried at the Sittings after last Term, when Oakley was ac quitted and the defendant Davidson, found guilty. Champoni Lad alisconded, and it appeared upon the trial that Davison had represented Champoni to Jackson (who vns a horse-dealer in Clarges-street), although then a prisoner for debt in the Rules of the Fleet, to be a person of considerable property in right of 4 1 " 0 :7.:• - • :