The National Register. — London, England, 1816-07-21 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCI4.--SATURD %Y. Tl4ll KING T. DAVI‘ON.—pERJuity• Mr. Mnrryatt stated, that this was an indictment against the defendant for wilful and corrupt perjury committed by him in his evidence, given on the part of the prosecution, in the celebrated rase of lie Berenger, Lord Cochrane, and others, for a conspiracy to defraud the Stock Exchange ; and W itlt hav ing done so, maliciously and knowingly, for the purpose of convicting those persons of the cluirge made against them. The particulars of that ease ware so well known, as to render it un tiectosary now to go into it. The present defendant, in his ex. amination on that occasion, stated, that De Berenger lodged at his house. On the 20th February, 1814, the day before the fraud on the Stock Exchange was carried into e&et, he (Da ',isn't) was sheeting at his parlour window, it being Sunday, walting for the Asylum clock to strike eleven, at which time be went to chapel when he observed De Berenger come home : at this time he had a iaree plaid cloak on as usual ; he con tinued at home ten minutes, anti then went out again, having lint on a coloured mixture great coat ; when he (Davison) observed to his wife, that their lodger had got a new great coat. The , was the part of the evidence which constituted the perjure ; as he should be Able to prove, by several witnesses, that Mr. lie Berenger, at the time the defendant swore to hav ing seen him in LOllllOll, was at Dover; and that be arrived e about ten o'clock on Sunday morning by the stage. Mr. Gurnt y, the short-hand writer, produi ed his notes taken at the trial, and swore to the evidence of the defendant. David Banzleim was waiter at the Royal Oak at Dover on the ?Oth of February, 1814. Ifecolleeted a gentleman arriving by the stage coach from Loudon on that morning, about tan o'clock. The gentleman breakfasted, dined, and continued there till eleven at night, when he went away. Witness beard a few days after of the Stock Exchange hoax, and it imme diately occurred to hint that this gentleman was a party con cerned. He did not at that time know who the gcutleman was, but he since knew perfectly well that it was Mr. lie Be tenger. The landlord and chamber-maid of the Royal Oak corrobo rated this statement. They hail seen their guest frequently since the time in questiou, and knew it Was l i e Berenger. Mr. Gurney addressed the Jury for the defendant, and com mented with considerable force en the circumstances attend ing the present prosecution, which, he said, would have asto nished him could any thing coming from the quarter whence this came have excited that feeling in his mind. He had some experience in cases of this nature, but this was the first occa sion he had ever known in which a prosecutor for perjury skulked away as if ashamed of' being known. The Jury would perhaps be surprised to hear that at present the defeudant was tenorant who was the prosecutor on this occasion. That there had been abundant perjury nu the trial so often alluded to after the evidence of to-day, he was persuaded the jury would no longer doubt, even if they 114 d doubted it belbre; but he was persuaded they would not he of opinion that the defendant 'Wag the person wino was wilfully perjured. On the former oc casiou the whole defence of De Berenger and his friceds con sisted in the evidence they brought forward, to prove that he (De Berenger) was in London on the 20th of February, and not at Dover on that day, and several witnesses were brought forward to swear to that fact. Now those who brought forward the present prosecution felt an equal interest in proving by evi dence, on oath, that De Berenger bad not been in London, but that he was at Dover all that day. The jury would judge. upon such a proceeding as this. With respect to the crime imputed to the pre-ent defendant, to find him guilty, the Jury must be convinced he had sworn falsely ; that he had knowingly done so ; and, further, that he had done so on a puint material t the cause. He was persuaded, the Jury would feel that twee of these points applied to the present ease ; and. under that persuasion, he would leave his client in their WWII , . Mr. Justice Abbot, w hotried this ease, observed, that the record set forth that the defendant had sworn falsely and tnelicionaly, for the purpose of convicting De Berenger and others. This allegation had certainly not been made out; for, peen supposing, the defendant had sworn that De Berenger was in town, that circumstance was the only one which could have ope:ated to procure the acquittal of that person, and those in dicted with him. With respect to the perjury itself, to con stitnte perjury, a person must nut only-swear falsely, but he must do so knowingly, and even deliberately. In the precut case it did not appear to him that defendant had done either ; he rather seemed to have sworn her a mistake. It the Jary should be of lids opinion, the defendant would be entitled to $n acquittal. The Jury without hesitation found the defendant Not Guilty. CON. SISTORY COURT, Jut's , stoartwout: V. MURTIMORE. This was a cause of divorce brought by W. Mortintore mgaiust Eleanor, ,his wife, by reason of adultery, slicked to base been committed with T. Griffith. It appv.ired, that the Marriage between the parties took place ou die Vali of Octo ber, 1112; lei band was in the service of the Marquis Welleolq„ anc the wife in the capacity of house-maid, in the family of Mr. Lee Antoine. in May, lel3, the bush ind at tended the Maritais to his country seat, near Itaiwgate ; the wife still remaiiied in Albemarle-street. lo the summer of Itil4, Mr. Lee Antoine weut :o Brighton, leaving Mrs. Morti sore, with other domestics, iu his house, which he directed to be painted during his absence. Three men were employed palatine it, one of whom was T. Griffith, who frepieutly used tosleep in the lemse ; whets gross familiarities were ebserved I the servants between Mrs. Mom timore and Griffith; and on tim2Sth of October he was seen sitting in the bed-room of Mrs. M. buttoring li's breeches knees, with his coat nll, the door thereof beiog then open. This was the charge of adultery. — When this cause was argued by Conn,el in Easter Term, it . was sitibmittml on the part of the wife, that there was not sufficient .:aus.i . ..lisjelter s v, Sir W. Scott, on the prayer of the husband's ounsel, idiot perim.ten riaa:itio:;a!preof to be produced, and this day resumed the cause; when the tonrt, alter se.,eed ro. monks on the nature of the testimony, pronounced a decree of separation. TUESDAY. Ray 15. • SILODOWLRGET E. GREGORY, EALsELY CALLING HERSELF mzimowcnorr. This was a talliC of nolhty of m u riage , instituted by W. Nedslowcroft, Esq. of Liverpool, the father of W. Meadow croft, the husband, agaiust Mary Greg ry, his wife, by reason of his minority, and the undue publication of bairns. It ap peared that the harms were pub:kited in FAruary, 181$, at use church of St. Jame •. Clerkenwell, in the names of Widdowcroft aad Mary Gregory, widow ; and before the i• Ilmization of the marriage the name Widiloweroft was stes.4 into Weddowc.roft,hy tit(' Clerl, of the parish. On the —orate husband, it was ~,;,,,titled that this was an undue amd Ut it • marriage was ti.zt clandestinely.— THE NATIONAL REGISTER. Sir W. Scott was clearly of opinion, that it was a fraudulent publication, for the purpose of eluding the notice of those. per sons interested in preventing it; and therefore prououuced the marriage null and void. . A carious case of false imprisonment was tried in the Com mon Plea* on Thairstlay.—.l sugar-baker's servant,nanted Kim ble, was lately brought before the Lord Mayor, and by him cone mined to the House of Correction for a month, for leaving his work unfinished ; the warrant of commitment, by law, should have expressed that the prisoner be also " corrected," in other wordsfloggrd ;—and this twing omitted, Mr. Kieulyte now brought his action against the Lord Mayor for false imprisonment, en the ground that the warrant was illegal.—The Solicitor-Gene ral, for the Lord Mayor, said, the plaintiff complained, accord ing to common understanding, that lie had not been whipped — (a most extraordinary complaint laileetl)—and it was tor the Jury to say, what be was entitled to, as a compensation for the o** oft whippl4g! —The! Jury gave a Fartkieq.doinugu. SURREY SESSIONS. These Sessions commenced on Tuesday, at Guildford. before the Right lion. Lord Middleton and a numerous Bench of Magistrates. A great deal of County business was get through that day, but nothing occurred of an interesting nature. The Court was occupied nearly the whole of Wednesday, in hearing the appeal of Farquharson v. the Pariah Weer. of Christchurch. for not asse:sing the Surrey Chapel to the poor 's rate. of which chapel the Rev. Rowland Hill and Mr. Webber are the trustees. This well known appeal has been contested by the same parties in every session that has been held since the Midieummersession lalt.—Mr. Farquhar son, the appellant, now conducted his own cause, and atrenuousty in sist on the liability of the chapel to be rated, enforcing his argu ments by various Acts of Parliament, and dwelling particularly on the decision of the King v. Agar—Various objections were taken by Messrs. Nolan. Spankie, and Lawes (who were retained thr the Parish Officers and Chapel Trustees), to the notiro of appeal, and proof of Messrs. Hill and ‘Yebber being the Trustees; but these objections were all ovcr.rided. and Mr. Farquharson then culled as evidence a Mr. Ili. chanlson, who deposed that he was steward, or receiving door-keeper, at the chapel; that the yearly sums paid by him into M. Webber's hands, on account of scats, was 7011. exclusive of a half-yearly collec tion, which produced about 1301. more; making the whole revenue of that establishment about 24311. Out of this came the whole disburse ments, including the payment of preachers. organist, door-keepers, lighting, cleansing, repairs, et.c. Witness was of opinion, that Mr. Hill derived no profit front the concern; and that as to Mr. Webber, he was a loser of tool. r annum.—Upon the evidence of this witness Mr. Farquharson rested his case.—Mr. Lewes was then heard in be half of the parish officers; who, he stated, had no other wish than to do what was right and just between the contending parties.—Mr. Nolan next addressed the Court on behalf of the Rev. Rowland Hill and Mr. Webber; strongly contending that by the evidence it was clearly estab lished that the Chapel was a losing concern; and that, no beneficial oc curatioa being proved, it was not liable to he assessed to the poor rate. Hie Court gave as its opinion, that the Rev. Rowland Hill ought nut to be rated; but that the rate must be amended, and Mr. Web ber must be assessed on a receipt of 6761. being the balance of the gross receipts paid for seats in the Chapel by the witness Richardson, after deducting 451. one year's salary for himself. —Mr. Farquharson is to pay Mr. Rowland 11111 his costs tbr endeavouring to procure his assess ment. The determination, we are informed, is not final, but will lead to another appeal, and to some ultimate derision, in n superior Court. The French Papers give the following account of a dreadful crime recently committed in the Commune of Hiroo, in the ar rondissement of Bergerac. On the Nth ult. in the afternoon, three young girls, two of whom V. ere sisters, of the ages of 10 and tea dmighters of the Sieur Bonnet, had been to rase a walk in the fittest of Biron. They were occupied in gathering plants; when a man presented himself, who, w ithunt saying a word, commanded them, by signs, to fall on their knees, and pray to God, which in their fright they did! but he immedi ately drew trout his coat a cutlass, which he plunged into the breast of the youngest of the sisters ; when the third, who is not named in the prowl-verbal, ran away ; but the murderer pursued her, and struck her three blows with his cutlass, and believing her dead, returned to the first victim, whom he found in the arms of her sister, who was giving her every as sistance. ; the monster stabbed the latter, and then disappeared. The third, however, in spite of her wounds, was able to return. The inhabitants, assisted by the guts d'ormes of the place, pur sued the murderer, and repaired to the house of a man named Molded, who is deaf and dumb, but who was of a bad dispo sition. The father of Monteil said with a sorrowful air, that he had nut seen his son since tb morning ; but he is suspected of being the murderer, or of being privy to it. Strict search is making after him, as he has not returned home. BELFAST, Jute B.—The following is an account of a very atroci ous and brutal outrage recently perpetrated in the barony of Ennisa howen:—•• At seven o'clock, on Tuesday evening, the 2d inst. as Norton Butler, Esq. of Grouse-hall, in the barony of Enninthowen, had iplitted his house to go to a flax-kiln at a short distance from his dwelling, four armed ruffians, who had been lurking Mr him. rushed out from their concealinent ; when two of the villains took a deliberate aim, and fired at so short a distance from him, as to prevent the possi bility of his escepe. He received a ball which passed through the fleshy hart of the thigh, shattered the bone, and brought him to the ground : at the same instant, another of the monsters, with a gun and fixed bayonet, made a desperate stab at his body ; which Mr. Butler (although fallen') warded off, and it was plunged into the smug thigh that the ball luul perforated. poising into the ground some inches. In this horrid situation Mr. R. grasped the gun, and, although in the agonies of death. retained 116 hold ; when a pistol dropped from the bosom of his murderer, who loosed his hold, and the narty made off, leav:ng him piniontsl to the ground, and in possession of the arms. Mr. Butler lingered until twelve o'clock that night, and then expired. He has left a widow and numerous family to bewail his loss. N. Butler, Esq. formerly held a Captain's commission in the Donegal Militia, and was a Justice of the Peace. Ills services arc well known to the Government during the rebellion. He has sulVered very serious losses from still. fines; and his life has at last paid a rimsoin for his exertions in endea vouring to prevent illicit distillation upon his catatcs. This is the third attempt upon Ins life within a few months, having had his horse shot from under him, and a blunderbuss snapped close w his head by one Maginness. and others, for whom large rewards have been offered; end the same villain had the audacity lately, at Faughan, on a market day, to waylay Mr. Butler, and present a pistol to his bresat in the market, op ;:a easy. wh;ol; Lamle! as Kilning., and the murderer was allowed to escape from among htuulrols, who heard and saw Mr. Butler foifow him, crying • murder' repeatedly. This wane villain has been ad mitted to remain in the county, although notoriotely 'moan and ac knowledging himself determidol to commit the emitter !" Msesday an Inquest was held at the Greyhound, KenninOon-com mon, on the holy of Elsanur Saunders, f 2 years of Lli.;!, who Muer ,:er self. The deceased lived gi years wok in the family of Mr. Heath, of Harleyfied.place, Kennington-common ; but a ridiculous rumour a the world's being at an end on the tech inst. had such an diet t on her spirits, that she grew melancholy, and exhibited evident marks of a disordered mind. About seven o'clock on Sunday morning she Anna herself, with a handkerchief, to a pipe that ran acroes the tailing of the kitchen; in which situation she was found by her fellow-ssrvants, Suite dead.—Vcrtlict—Tizat her death was occasioned by her own act, in hanging herself, whea a state of mental derangement. On Sunday night the`.cruse of Mr. Devey, in Surrey-square, was broke open, and robbed Cl'e to the anima of L'itsO s with which the villains got utf Lind:sir; JULY 21. HORRIBLE CONSPIR.ICI The purity of justice is so essentially necessary to the well-being of Society, that the remotest appearance of corrupt practices among even the inferior agents, becomes an object of deep and immediate interest. But should those who are entrusted with the security of the lives, properties, and even the morals of the people, be them selves incentives to vice, that they may share the fruits of iniquity, and then betray the partners of their guilt, to obtain the reward of conviction, or recommend them selves to their superiors, then does the ease assume a character of mare serious importance. The injury in flicted on society by the inducements to crime which these wretches hold out to inexperience, and the outrage offered to humanity in subsequently selling the blood of their victims, cry aloud for retributien. From time in vestigations now pending in the Police Offices, under the immediate attention of the Lord Mayor and the Magis. trates of Bow -street, there is some reason to apprehend, that these observations are too applicable to several con stables and police assistants of the metropolis. It is suf ficiently manifest, that many of them have been long connected with the mast notorious offenders ; whom, Pcachum-like, they suffered to continue their deprada tims for a certain time, and then betray for the reward of conviction. This breach of faith is, however, an act of angelic brightness when compared with the "deep damnation,' of other branches of the system. Not con tent with the profits arising from the ordinary sources of depravity and conviction, they encourage inexperienced men to perpetrate crimes; and these, after due indulgence, they consign to justice, and obtain the reward of their apparent activity and vigilance. These arc the persons who stand so high in public estimation for their seem ingly indeffitigable exertions in the detection of guilt ; and who have often commanded our admiration for their ingenuity, and our gratitude for their enterprise. See our Police Intelligence. The developement of this busi ness will, it it thought, lead to many discoveries still more important, which, we fear, will unfold a tale of horror, and draw down the public execration on the vil lains who could trade so deeply in the blood of their fel low -creatures, as to make the iniquities of their lives, and the ignominy of their deaths, subservient to their paltry views of avarice and ambition. BOW-STREET. A second examination of Vaughan, the Bow-street Palmle, has taken place at this office, in presence of Mr. Mares, Mr. Ravnsford, of Hatton-garden office, and other Magistrates; the Solicitor of the Bank, and Mr. Harmer the attorney, were also presem, when the following witnesses wcre examined : Mackay ; W. E. Drake, a man with a wooden leg; J. Arm strong, an officer of Worship-street; Edwards, a patrole, be longing to this office; Read, jun. and Liarbrick, two uthrers of Daman-garden ; a watchman of Gray's-inn-lane; and the three Hairleys, brothers, who were charged with committing the burglary in tl.e cottage of a woman of use name of Macdonald. at Holton. The witnesses were all kept apart and examined separately. Drake's evidence takes np several sheets of paper. From Drake's and Mackay's evidence, it appears, that Vaughan gave Drake orders to go to Sadler's Wells on Monday evening the Ist inst., where Vaughan met him, Mackay, Brown, and Bland ; and where the plan of the burglary in Heaton was ar ranged between them—Vaughan first akin g the parties if they could not put him up to a crack, by gettine sonic young fellows into the ikiug, and inform him of it; in consequence of which the following eight was pitched on to rob this woman's house. In the mean time Drake procured James, Michael, auti William Harley (three brothers), W. Sateadere, and W. Wood (a boy), to join him in committing the burglart on the fallowing night. Next day, Tuesday, the ed, Drake sent a boy to Vaughan tiir some money, Vaughan sent him 10s. with word to lash them well, and Vaughan also furnished Drake with a Jemmy (a crow), phosphorus bottle, matches, and pick-lurk keys; and Mackay procured a dark lantern. Drake, by getting acquainted with the Hnrleys, &c. prevailed on them to accompany bin ut night to commit the burglary in Mrs. Macdonald's house (a woman with whom he himself cohabited, but which they did nut know), telling hint it was an easy matter to effect it, that lie knew there was a box in which it contained notes and some valuables, also a good dab (or bed) and a halal:ionic dial worth 101. 11 lien they conseuted, (ake informed Vaughan. Drake then took poor Mrs. M•Donaltl, who seems to be innocent of the plot, to the sign of the Crooked Billet, in the Kingsland road, about nine o'elock in the evening, where he treated her and kept her anti) near two o'clock in the morning, to give 1111 opportunity to the others to commit the burglary. Drake WWI frequently in and out, while Brown stopped to de tain Mrs. M'Donald. Vaughan, assisted Ly his accomplice, alackay, who generally passed as an o ffi cer, and Edwards, a patrole from Bow-street, who, it appears, was entirely ignorant or this horrid plot, lay in wait to detect them. Drake, accom panied by the flurleys. came to Mrs. M'llonald's house ; the door not being locked, Drake wanted them to go in and rob the house, but they. finding the door unlocked, and Drake himself refusing to go in, would not go in. The signal was given by Drake, and the others all fled, without effecting the purpose they came upon. By Duke's confession, Vaughan caws, and with a crow bar niade an impression between the door and the lintel post, as if it was forced open. Their the crow liar and lantern were placed in the house, and the alarm given that the hawse was robbed. Drake led Vaughan and his party to the house where Be; Dieley's !edged. and they were taken into cut. tody by Vaughan, and as Mackay solemnly declares, Vanglign put a ling of Mrs. M‘Donald's into M. Hurley's pocket, which tie had from Drake, after which he desired Mackay to search hiay when he found the ring which. etas put there for the pur pose of cony icsing then.; on this charge they were exaunned. oil Wednesday the ;id oistant, at Bow-street, when from some circumstances the conspiracy appeared, and they were remand ed for further exaann lion on Embry the 611 r, and then dis til:lipid. It further appeared that Vaughan wished Drake to procure some fellows to tuimuit a burglary, and that he, Vaughan. Drake, Bland, and Hubbard, now tally committe d for robbing a gentleman e f his watch, as we mime days since stated, would share the conviction money. Drake remarked that he knew of no house- to make the attempt on ; but this objection was removed by Vaughan, who tuld them that MIINEN•eI