The National Register. — London, England, 1821-12-23 00:00:00

~- any particular disguise, with fire-arms, &c. amounted to a high misdemeanour, subjecting them to imprison ment and corporal punishment, under the discretion of the Court ; but that when such a party should proceed to any operative acts of violence, each and every one in such au unlawful assembly, was subject to.the high penal punishment of death." Also threatening letters, denunciations, placirds, of an insurrectionary spirit, against loyalty and peaceable subjects, were capitally penal. The slightest trespass, after sunset, by any such party, though in other occasions but a tresspass, yet in this case of a whiteboy system, is capital. Any one giving countenance or protection to any per son or persons, associated for any illegal purpose, are considered conspirators, and are equally guilty. By another act, passed in the 27th oh his late Majesty, denominated the Riot Act, threatening magistrates in the discharge of their duty, and which were too common and well known in this county, was capital in the eye of the law. His lordship then referred to other sections, enabling the magistrates to call upon any of his Majesty's subjects to aid and assist in putting down all tumultuary proceed ings, and that in case of airy one refusing, said refusal was indictable. His lordship then implored the Grand Jury to co-ope rate with the police magistrates, and he sincerely misled that the effect of this Special Commission, would be sa lutary in restoring the peace of the county. All the bills exhibited to the Grand Jury this day were returned as " true." They will resume their sit ting at ten o'clock on Monday. After sever.il witnesses were sworn, the Judges pro ceeded to the City Court, and swore in the City of Li merick Grand Jury Mr. Justice Nloore addressed the Jury at great length, and with omen ability. His lordship was occupied up wards of an hour iii his charge. Some prisoners were arraigned, and the Judges re. turned to the Comity Court, where they were engaged at four oclock in arraigning prisoners. The number in the comity gaol yesterday for trial amounted to 49, and are charged as tiallows—ior murder 4; for assetirliling by night, and breaking into houses 13: robbing on the highway 2; having arms and gun powder Leoticealed 2; administering unlawful oaths 2; assaulting Cl'OnVn witnesses 12, various other offences 14 LAIV INTELLIGENCE COURT OF KING'S BENCH, WEDNESDAY, DEC. IS. KNIGET AND FRCCYAN WEIGHTON. This was an action by the plaintiffs, respectable solicitors, to recover 4841., the amnia of their bill of casts far pro secutoig the indictincat preferred by the parishioners of Helium! Green, against Mr Alerceron. The particulars of this prusecution have been repeatedly before the public.— The defendant now contended that he was not liable, but that the plaintiffs might to have served the parish. The however, proved tact they had received their in. arm tinsel front defend on that he was chairman at the meeting at which the re.olutioa for prosecuting Mr. Mer• eeron was adapted, an• the Jury, under the direction of the Chief J Iblice, found a verdict fur the plaintiffs for t he amount of their bill. SLICER V. •CELA ND. Mr. Scarlett stated that this was an action by the plain. tiff, n wine merchant iu extensive business, azainst the de fendant, also a wine merchant in a Inure limited way, fur the balance of au account fur wine furnish.:dxo hint. The Solicitor-General said his client did nut intend to deny his dealings with the plaintiff, but he cout••nded that the present demand of 199'. made noinst him, was incur. reel I the sum due was only 331. sod that sum defendant had paid into Court. The plaintiff was u dealer in the Sicilian wines, newly cumin; into me, and bring anxious to have his ais l es made known, he culled on the defendant, wan keeps n chop-house much frequented, in Cannon street, and pressed him to take some. The defendant agreed to take uu certain terms, namely, Ihul be should pay fur what he sold at two months after sale, and be nt liberty to return what lie did not sell. Upon t his contruct, a ines consisting of Serchall, Sicilian, Tokuy, and other Sicilian allies, to the amou.,t of 7001. were sent in, and much of it sold and paid for, but a part of it to the value of 1931. they wished I lerw•rds to return, and did so, depositing it by direction of the plain tiff in the cellars of Fernley and Siins, leaving a balance of i3l. due to the plaintiff, and that sum had been paid into Court in answer to the present action. Scarlett, in reply to this case, contended that the wine still remained the property of the defendants, for which they we e liable to pay. The Jury found a verdict for the plaintiff.—Damages, 1341. Tll6 KING V. Id t GILLIVIR 4T. This was tin indictment neainst Simon %nihilism'', for re• fining to take upon himself the of f ice of Inquebt.mati for the wAt ti of W Notice of his election was proved upon the defendant. Mr. Pollock stilted, that Mr. ISlNGillivray'v refusal had stri.en from his being compelled to rmb,u k for America. The Lord Chief Justice thought that such a fact might have had its weight with Ike prosecutors, but it could not be taken us an answer to the indictment. Mr. Pollock sa d that M'allivray isas one of two gentle men who traded to Canada. It was necessary to the con duct of the busine4 of the firms that °he of the parties should make an annual trip to America ; and partner, at the tone of Mr. M'thllivray's clot unu, was ac tually serving the office of cite' warden. The Lord Chief-Jmtice fitili That 11 r, Pollock tu~umeul might have eflei t in another place l but it could not, iu 161 W, excuse the refusal of his client. The Jury found the defendant—Guilty. THVEI.DAY. DEC. 20. THE 111 U. lIIHrAN. This liras an the keeper of Newgitte, founded on the prewntinent of the. tiimal Jury, stating I hat the defendant had refused them adims.i,io to the prison on their deinauding it. The Callie stood fur trial tin, morning. but un its being called, it appeared there Was nu princration, the proceeding,. agaliot Ale. ill ussil haring, as we understand, been ashaudosted, in coasequence nfhiyh legal authorars having given ail 'opinion that the Grand Jury had ho ehti.ll UI eo art,' the in isms a, it matter of right, us they had 113 11111% COIC dr111:1111101. 1'lu• imy THE NATIONAL ItEGIST, has* bee. swam by direction abet Lordship, there being uo evideaeo produced. found defendant Not Guilty. TES SING V. PETTITT. This was an indietaseut agahnt the defendant for wilful and corrupt perjury. Mr. Guitseji stut;tl the case to the Jury, and from his statement it appeared that the allexd perjury :attic out of the testimony of the defendant, as ;:iyeis in the course of a writ of enquiry, executed in the Court of the Seconilart (Mr. Collingride), relative to the sale of lease, which took place at Mr. Hero's house on Oa the indictment being now reach, Mr. Sergeant Peake, for the defendant, discovered a variance between that and the record, upon which be imbed an objet lion, tend the Chief Justice bolding the objection to be good, the defendant was sequined of the charge, amid the Jury found a verdict of Not Guilty. COURT OF COMMON PLEAS. WZONISDAT, DIR. 19. ROBINSON V. GRAY. This action was brought by the assignee of a bankrupt, named Hawley, against the defendant, a young lady, to re cover 4001. received from the bankrupt under Ivry extraor dinary circumstances. The issue appeared to be directed by the Commissioners of Bankrupts before whom the siefetw dant WAS examined. The question was, whether the sum in question belonged to the defendant, ur whether she received it under circumstances of fraud and conspiracy between her self, the bankrupt Hawley. and his wife, for the purpose of defrauding the creditor.? The facts of the case acre substantially these :—Robert Gray, the father of the defendant (Miss they) carried on the bnsiness of a ennt.ctioner at Maidstone. in Kent. He was considered a sane of property, having money iii the funds and land.—Having disposed of les bussuess at Maidstone, lie came to reside at Stoke Newington, where he died, keying his property, by will, to his wife, and at her death, Ili his datig.liter and her children. The death of the father was in 1819, and some Boone alter the defendant and her mother went in reside in the Commercial-road, where they carried on business. About 1819, the bankrupt, Hawley, was much embarrasses'. lie carried on business at Shadnell, and his wife, who had known Miss Gray from the age of seven years, applied for a loam of 40JI. Miss Gray promised to consider of it Site called again at the house of Hawley some days idler, and said she would lend the money, pre sided Mrs. Hawley and her husband would not disclose to any one the ciscuinstatice of her having money. She said her father, on her death-bed, gave her 8001. and drew hom her a promise that she would never let any one know she had money. The 40(11. was laid upon the table, and Hawley, the bankrupt, put it into his cash box. He did not give a receipt, as Miss Gray slid net ask fur one; but made an entry in a private hook. The 111011 C) was repaid by Hass ley, on the 1 Ist of June, 1820. He offered \h -s Grey 4051. but she refused the 51. saying she lent the money as a friend.— She gave a receipt ill these terms-- Received, the 21st of Jute, 1820, of Mr. Hawley, the sum of 4001 fur burrowed money. SARAH GRAY. After this Hawley became al bankrupt, and it did not appear that he produced flue book containing the entry of the y made when Miss Gray paid it. Being cross-exansiued as to that 'whit on the ',reseal( occasion, he said he did not produce it, because he ails told prisate accounts were not required. The Commissioners, looking at this transaction in a suspicious light, examilied the defendant, whose ane suet. %VIC not satisfactory, and to remove doubt on the (titivation, they were wiling to abide by the verdict of the Jury in this caner. The Jury retired from the Bar, and on their return foand a verdict for the defendant. DATLII•N ?IDLER. This action was brought by tile plaiatiff, a glazier and painter, against the defendant, who is proprietor of the great tythes of Tethlington, in the county of Hens, to recover a bill of 231. for ineuding and repairing windows in the chaa cid of Teddieigtou church. The question was, whether the defendant, ur his tenants, were Inane to pay the demand ? The defendant pleaded the statute of limitation ; alto a plea in the abatement, slating that certain tenants had a reduction iu rent allowed, on condition of repairing the church. The work was proved to have been done ; also a promise to pay the plaintiff's demand within the last six years, so that the case was taken out of the statute of limitation. Mr. Ser,geant Pell, for the defendant, said, his client was a gentleman of honour and fortune, %tau only wanted to have his liability proved by the verdict of a Jury. It bad long been understood that the numb un the estate were liable to muke good the repairs dune by the plaintiff. The learned Sergeant thee called witnesses in support of his case ; but the Jcry under alt the circumstances, found a verdict for the plaintiff—Damages 291. BRIDAL DIM 21. NOBLR V. HIt•LOR. This was nn action uu a contract for the sale of 230 hogs heads of tobacco. The tobacco in question was assigned to a house in Rot terdam. Whilst the ship was on her voyage the plaintiff received a letter from the owner, requesting him to dispose of her c,rgit, and describing it to be marketable in every respect. The defendant purchased the cargo through the medium of Mi. Scholey, a broker. Before he paid the purclitee money lie wished to have it warranted good and marketable, but the plaintiff only warranted that it had passed iiispectiou ut Virginia. The defendant deposited the money, and afterwards withheld a ratification of the purchase, on the ground ihat the cargo was nut fair and mai k wide. Several communications passed between the parties on the subject of the warranty through the medium of agents, and the plaintiff at last gave a warranty in the following terms— " The whole warranted to have passed inspection at Vir• g' ." These words were writen in red iak, but without any signatures The Eunice, with part of the tobacco, ar rived at Cowes, and the rest was sent in a se-set called the Ilarrint. This was the case, had Mr. Sergeant Lens con trade.: tli.at the pluintiff was bound to take the goods. Tiie defence was, thut the tobacco was of MI inferior qua. lity ; hut the Jury, under all the circunistauccs, found a ser aurt for the plaintiff—Damages 4,2411. IS,. RICHARDS tA L Elitirri. This was an action [nought brit silversmith, residing in or Barbican, against Ili , • defendant, is Ito is also a silversmith, at Bath, to ',cover 1801, fur diver kniv s, toik., and bpuotis, made and delivered. Tl,e first witness was hit. Richard', the father of the who deposed that his 6111 hued in Brideesvuter. square. The defendant a is a .ilveriviiitla, residitig ut roue 1111 Good Friday to the house of the plaintiff, :Mended by Mr. Williams, who slid, " that Mr. Crimps." defeadent taco said "is the order ready r' Tue plain. tiff said it was out. Mr. Crippt said he .bouttl lose the r~ ~ sale of tbe good., sad begged the s t omas sod forks might beset' to him as they were done, sad whoa doe wort was Buivhed be would scud up hill ou • Lando* booker. The work was nut done for Williams. who was considered iter solvent, and the plaintiff w oak! not treat bias. Williams briog culled on the part of eM deformianb taw tratlicted all the material puma of Raluutrs testiasnuy. (le depoied that he an. applied to by Cripps to furnish viola to the amount of 2001. whirls order he gave to the plaints( to execute. He produced she order, which was in the Ad. lowing terms s—" Order from H. Cripps, to be furnished by ptr. W i,lei ttttt ."—He gave the order to the plaintiff la be executed. He had previously received from Capps old silver, with whi. h Cripps had paid him for the goods. The articles were supplied by hissii,eif, and Mena* hod selbiar to do with the order. He More that Grippe sever told the defendant he would pay for rile goods with a bill at limo months. lie had dealings with the plaistif oo a gems' account. The learned Judge, summing np the above evldesee, N. served, that it was extraordinary, that the Jury bad Mee left io the dark with ie,peet to a eitot 'Reportage' picee of evidence. Tlwie was proof that the goods were seat to B sits, hat how was the bill wf parcels made oat ? That OINK nave been in possession of Cripps, yet it was not produced, Slur um. any notice given to produce it. is a CNN where rhtrarirr vv us at Ntak ,. ., and a here one party mast go out of Court disgraced, the Jary would no doubt pay doe swedes Its 'di the eircuithluittev. If they should believe credit was given to Williams, and not the attendee', they would 1.4 for the defeod.int. If they bdieved the other .way, they would Bud for the phoned. The Jury retired front the boa, nod after - est rettalaiag several huUrs, returoust u Irrfirt I"ur the plaintiff. SHlPWRECK.—Harrsouawit, Die. 19.—Tesearday morning, about four hours before day-break, a French trading vessel, of that description called a chase-coarse, was driven on shore by the violence of a tremendous gale, under the of the high cliff near Beachy-head, known hereabouts by the lion of Belle Tout, or Belt Out. Her name proved mlt; Jeune Fani, of Vannes, last from Camaret, a mall port near Brest, bound to Dunkirk wtth a cargo of salt. The night wee utterly dark—the wind blew a hurricane directly urea the shim —the surf rolled mountains high over the racks.-the mod struck heavily—and, in the next instant, one hop wave the whole crew, consisting of six persons, hem the was the irresistible force of this mighty emp L thit k *ems hoe of the crew completely high and dry upon the md wery severely bruised one poor fellow by rolling broken mid spars repeatedly over his breast and beck. The whose name was Silvestre, and his son a lad only elms ,epoY. orsa never seen front the moment that this was lgtaelt IM vwsL..w The father and son must have perished tegildien A mom aid. serablc fate seemed to await the seinteser They he/ lima I thrown ashore at a spot between Buse f o r ma whore for four miles, the cliff presents a chalk pendicular without road or path, or my NW iiesteef ' varying in height from four hundred ta Sbreaks. Net. The tide Sowed in upon than like a me* . el= of the dig both cast and wet. were they pined their feeble mime tagetbse al =abedloil fee arecoor. Aft on, the roaring el tbe warm assemd W Ant I amilibey had given up all hip et mope, sbde the Ut i tt the precipice, the , ' &wend a Idle et had fallen from the reins of disik. diem • saablefese 1 I§Sa iit they clambered to the cep of this id* u Slat resepus h.i & surf raged round the loot of it—a 411111dilsoo of and whirling waters. Wi th dismal they avoid result, clinging to each other, and *oh sidesektwe wan, as it shook the foundaties or flask 11141.6 roll the clumps Oahe* ken oodinoesth Nee without fears thetas disk whence they set Wei be when the deed tide sheold Make he lesightt-01111. as about, one of them peeped a Mesa if /14frired proving the scam was not accushemed to seeds tbe stir es ini nu ct,. bailed by theta se the Mire beanie OM flee Mid Albr —ln this dashes. chiliad wills wet meil and" a .wide twedag mom is front. and as blew RlNNlLleille ws rp baksir 41• 10 foot miserable mariners mt swum ' drab deli po adorn psych kw mere li mn dm bowie. th e swan. SlM*rsi. add, sod they were diseiwerwl by the em elinele.ef asir lima i ttost Blockade Service. By theme active aod /he poor Frenchman were immediately con 'ow . at Biding-gap, placed by a eastaing • dad bi the seamen's dry apparel. and hid boa do of glik haw enemies. A SAD DISAPPOINTMENTA tary'eutiooa dream. stance occurred at St. Nicholas's church, Nottingham, on Saturday, the Bth inst. A young man at- Mansfield had formed an attachment to a young lady at Killington, in that county, and the parties (whose mimes front tan. tives of delicacy, we shall nut mention) were about ;he age of eighteen years. On account Co the disparity of circumstances, the friends of the young lady were tench opposed to th e ' connexion, but the lovely fair oae con trived to elude their vigilance, and on Saturday morning arrived at Nottingham, in a gig, along with her intended spouse. The bans of marriage between the parties had been tegularly published in St. Nicholas's church, stating them to be of that parish, and they had arrived within the holy place, with two of their relatives, and had Ulf. rounded the sacred altar, when the sister of the young lady, having been apprised by her brother. who had pursued the fugitives front Mansfield, discovered the place of their intended union. 00 this discovery, she hastened towards ihe residence of the Rev. Dr. Wylde, rector of St. N icholas's, and met that respectable clergy. man on his way to the church, to tie the everlasting knot. She briefly related to hint the circumstances of the case, and he directed her to follow him into the church, where she stood concealed for a time behind his ample priestly vestments. The young couple were &stilted to have the cup of joy dashed from their lips, and it is inspois . ble to describe the surprise and dismay which filled their minds and struggled in their bosoms, when they heard the venerable minister, instead of commencing that ter vice which they bolted would seal their union, begin a most severe lecture ou the evil of their conduct, aid conclude by ordering the young man out of church, with a threat, in ease of non-cumliance, of having Min taken into etisithly. The young lady was committal to the CIIC Of her trim's, who took her home almost its a stare oh iti.en , thility, and the dis l ipointment was taken so much to heart, that it was 10110W.'d by violent hysterics, from which there was treat difficulty iii recovering her. EXTRAORDINARY LEAP.—OiI Wedtiesday lasi, 8 horse belonging to Mr. M awe, of Loughborough, tuu'e a hedge six feet high, winch in length exceeds any leap recorded fur many years, being its length bons hind feet to hind feet, 1 ,1 I yards sad X 4 niches, carrying a youth Sib.