The National Register. — London, England, 1822-05-12 00:00:00

LAW INTELLIGENCE. Same COURT OF CHANCERY. MAT 7. Tact OtScoteatin or Joan Consmr.—The Court sat ml half-past tea, when Mr. Wetherell said, your Lordship has permitted us to mention this morning tile case ofJobn Com. ly, who, in order to be discharged frets the custody of the Warden of the Fleet, was to have made an affidavit, which he has now done; 1 don't know whether it has been headed le your Lordship. (The Lord Chancellor—" No.") My Lord, the deponent there promises not to interfere fur ther with the order of the Court; he says he has been con fined ever since the 2111 May, 1019; that in May, 1820, be petitioned his Honour the Vice Chancellor to be discharged, which application was refused on the plaintiff's affidavits, stating, that since his committal he attempted to common rate with the lady in (motion. The al6 'evil states, that the deponent, since that time, has nut made any commenica. lion with her; and further, that he would repel any advances, should they be made by the lady herself, to renew the in• tercourse. . . . Mr. Heald—lt appears to me that the best discretion I can exercise on the part of the family for whom I. appear. is, since this affidavit has been made, not to oppose the pe voiouer's discharge t bit up to this time, l conceive, having bad no security agaiiist a repetition of his otlence, I have only acted fairly towards my client is resisting it. Now, however, as in this affidavit, he so bolero nly swears that he will out attempt to renew the intercourse; and also taking into enosidersillon that be has been in custody fur a con sider Able time (two years, I believe), without any applica tion having been mettle on his behalf, 1 will nut oppose hi release. The Lord Chancellor—This person has, I understand, hers entitled for nearly three years, upon a charge of having committed a contempt of court, a tenet little understood out of the limit§ of this Hall; it dues slot mean merely des; ' ' g the order of this Courtit is n breach of the laws of the country, although technically termed" Contempt of Court." —When a person is committed upon this charge, a Judge is bound to use a discretion as to the duration of imprisonment he ought to suffer, wide!, should be proportionate to, and commensurate with, the 'offence. This discretion ought to be exercised solely to the end of obtaining justice, and that justice should be tempered with mercy. A confinement of three years is indeed a lung imprisonment, even though founded upon the verdict of a Jury. But no application has, it seems, been made by the petitioner for his release since the year 1620, which was opposed by affidavits on the part of the family, and io the end refused by the Vice Chancellor. Really, upon reading the affidavits of that time, 1 do think that he did justice, and I am sure that I should have entirely agreed with his Honour; for to have released his at that period, while he still harboured the purposes fur which he was confined, would not have been a proper administration of justice. I think the man ought to be discharged ; previous to which, however, an order should be drawn up to restrain him from all intercourse, eomniunication, or correspondence, directly or indirectly, with the lady or her family, ur from attempting to see them, or any of them. Mr. Ching—Certainly nut. The Lord Chancellor—l cannot part with this subject without saying that the Court would not differ from the practice of its predecessors in hearing cases in private, when Counsel isa both sides are of opinion that such a coarse on both sides would tend to preserve private character *etiolate, and at the same time that it will accord with the strict administration of justice. There hare been, ere now, complaint. of my hearing lunacy petitions in private, but it appears to me that the difficulty world be to defend the bearing of them in public. I do not mean to say that this practice may not be attended with mischief in some parti cular cases; 1 admit that one of the best securities for the fair and free administration of justice is, generally speaking that it should be administered au public before the world; but there may be exceptions-..there may be eases In which the interest of one part of the public will be best consulted by such a deviation, without prejudice to the rest of the community; with me, therefore, whatever may be the opi flint) of others, the relinquishing of such a discretion shall not have its origin. COURT OF KING'S BENCH. MONDAY, MAY 8. CONSTITUTIONAL ASSOCIATION. Tilt KING V. CLARK. The Will of the defendan t , who sands indicted for vending a blasphemous and sedition. libel, this day sur rendered him into the custody of the court, from wheoce lie will be conveyed to Ncwgitte. CRIMINAL INFORMATION. THE ZINO V. THY. HON. T. KEN YON. Mr. Scarktt this day slimed cause against a rule ob. tained last term by Mr.fitirney, calling upon the defendant to chew canoe why a criminal information should not be filed against him for improper conduct in his office of magistrate of Shropshire, by refusing to admit a person charged with misdemeanour to bail, and also.frr causing sneh person to be put in irons. These charges were most satisfactorily answered by Mr. Scarlet', with whom was Mr. Pearson; and . _ _ . The Chief Justice, after adverting to the vexatious proceedings that magistrates were liable to, said, that to protect them in all cases where the application did not appear reasonable, that parties would have to pay the costs. CHURCH AND OTHERS U. /ISURR•T. Mr. Rotch, in the last term, obtained a rule, calling on Mr. Charles Murray, (the well known Secretary and So• liritor to the Constitutional Association) to skew cause why lie should not pay over certain monies to Mr. Dirk. cowing, after deducting his own charges, deliver up docu ments in his possession, and answer the matter imputed to kiln by the applicants. He obtained this rule on alli• davits alleging that Mr. Murray had been Employed on behalf of the owners of an American vessel, called the Algemork, many years ago, to prosecute an appeal from • sentence of capture against that vessel at Barbadoes, in the High Court of Admiralty in England; that lie had succeeded in procuring a reversal of the sentence; that several thousand pounds had been paid to him out of that Court, fur which lie had never accounted; and that lie had evaded interviews, by neglecting, to answer letters, and by breaking appointments, when he had been forced to accede to them by accidentally meeting the agents of the parties in London. Against this tide the Solieitor-Genetal now showed cause, and stated that the rule had been obtained upon affidavit, which set forth that Mr. Murray, during the late war, was employed to prosecute claims for persons iu America, and, through the Admiralty Cuutt, he re. THE NATIONAL REGISTER ceived sums to a considerable moonlit. He was employed in 1809 to conduct an appeal against the decision of the Vice-Admiralty Court of Rarbadoes. The Lord Chief Jostlee here interrupted the Solicitor General, by saying —Cannot this be put in any satisfactory train of inquiry? Solicitor General.—l apprehend, my Lord, there is no ground to sustain an applicaiicn. In the present snm mary mode of proceeding, the facts moist be stated in affidavits, and supported by legal documents. Mr. Dick enson is a person proceeding here as the agent of mer. chants In America, who have sent over a power of attor ney; but it is not sworn this power of attorney is signed by the parties. The Lord Chief Justice.—Your objection is this a—The application is f led upon a power of attorney, to which foreigners are parties, and you say that p ower o f attorney is not properly brought before the Court. What is the mode by which it is proved to be a power given by the parties ? Solicitor General.—lt is simply executed by the parties before a notary, and attested by the British Consul In America. ChiefJustice.—The question is, whether the Court can receive this. Mr. Rotcll.—My Lord, there is the nototial seal.—lt is the usual mode of verification. Chief Justice.—lt is oot the usual mode of proof in this Court. Mr. Notch then applied to have the ride enlarged. The Solicitor General said, he had only stated one ob jection; be had others to make. The Lord Chief Justice.—The rule must be dls.charged. The Solicitor General.—Wltli costs? The Lord Chief JilAtiCe.—No, never, on such an ob jection as this.—(A laugh.) Judge Bayley.—You may waive this objection if you please. Solicitor General,—His Lordship is going to Guildhall, and I have not time.—Role discharged. TISK /LING V. W. HOLDEN. Sergeant Cross olitnineil a rule to allow the defendant to give bail at Manchester, where he had been committed on a ehorge of manslaughter. The defendant was engaged iu all affray, doting which he gave one of the persons in the mob a Lancashire kick in the stomach, which occa sioned his death. The Conrt, in the affidavit, saw nothing to warrant their interference. THE SING V. HARPICR. On the motion of Mr. Pearson, a poor widow woman, named Elizabeth Harper, appeared in Court, having been brought up from Hetefurd gaol, to obtain her discharge. She had been committed fur inability to pay 61. by the magistrates acting under the provisions of the lit of Geo. IVtle, for a utilise' and malicious tresspass.—The poor wo- man was suspected of breaking down or removing a post from a fence, but the magistrates' commitment did not allege any offence. Judge Best said, some of the magistrates supposed they had a power under the above act to award damages iu any case, whereas they were to assess damages. The poor woman was discharged. WUDNESDA Ir, NAY 8. The Court proceeded with cusses on the Crown paper, which did nut aford any information interesting to the public. —At two o'clock the Lord CuiefJusdive sat at Nisi Prima, and tried causes. • TeL RARL OF SHA/TIMIKIRY V. RVISILL. The noble Earl, out of the trustees ander the will of the late Duke of Marlborough, beought this action against the defendant to recover 18001. which he had levied upon the furniture at Bletibeintabouse, on account of the arrears of assessed tales. The question was, whether the defendant hid 11 right to distrain fur house and window taxes. Our readers welt kuuw that the palace of Bleithelm was given by Queen Anne to the Duke of Marlborough and Isis heirs fur ever, free of dyes to the Crowu. It was contended on the port of the defendant, that the Duke of Marlborough was liable to pay for his servants, twines, &c. if nut fur the palace, in which he has but a life interest. The Jury found a verdict for the plaintiff for 11201. wrb.• ject to the opiuiou of the Court. RRRRR D O. POPE. The plaintiff brought his action upon the statute of the 9th of Anne, to recover back money which he lost al piny to the defendant, at the games of Un, Trots, Chic and Rouge et Noir, Mr. Denman stated the ease.—The plaintiff, nhn had lost his money, took advantage of the provisions of the Act of Parliament, which enabled him to recover bark his moral if sued for uithin three months after the traits. _ Ilenry Compton, a clerk in the stage-coach office, Somer set-house, stated, that he koew the defendant, who kept No. VI. Jerasyn-street. lle went there on the 7th Nov. and saw the plaintif lose between 031. and 101. at Un, Trois, Ling, and SOL at Rouge el Noir, Puy ' who out the smiler of tite house, was present. Jahn Choppel proved that the writ ea' sued out against the defendant ou the 9th of December. Mr. Gurney, fur the defendant, said, the Jury ought to pause before they gave credit is a person of Complon's stamp. The Jury found a verdict for the plaintiff—damages 901. TeIIIRSDAT, M•lr 9. Tne Solicitor General prayed the judgment of the Court agailot the onder-mentumed promo :-- John Moore was charged with having obstructed a custom house officer to the r=eeutiou of his duty at Dover, on the 11th of October,: DWI, and suffered judgment to go by default. The Court sentenced him to pay a fine of 101. to the King; to enter into recognisance' for his good behaviour for three years, himself in the sum of 501. mid t wo sureties in WI. each, and further committed to the Marshal of the Marshalsea soul such tine be puid. Wm. Hart pleaded guilty in having attempted to bribe some men employed in the preventive service, when dis overed in the fact of smuggling, in the month of May, HIM The Court sentenced him to be imprisoned two culendar months in the gaol of Maidstone, to enter a recogni. sauce fur five yews, himself in 401. and two sureties in VOl. each. Jetrro Pettit, who was tried at Maidstone assizes, for endeavouring to bribe Wm. Doll) oak, a sailur oil the pre ventive service. and was found guilty. The Court sentenced him to six months imprisonment, in the gaol of Maidstone, to enter into hts own recognisance for use ) ears, hi the amount of 1001. Thus. C:.islrit, who was turd at the last assize•., in the emu). of Dorset, by Mr. Justice Park, and fuuud guilty of a.tuultiug levenuc (ulcers in the execution of their duty. The Court sentenced hies to be imprisoned ooe calendar month in the gaol of Dorchester, to pay a doe of 201. to the Kier, and eater into recognizusces for kb good behaviour for Eve years, himself in 461. sod two sureties in 201. each. 'DID DING e. ARNOW/111TR, 'regime, •ND ANOTHRR. Mr. Denman moved the judgment ante Court oa the de fendant'', who are the condemnors of the John Ball. They writ found guilty of a libel on her late Mgjesty. The Court was Dot full when Mr. Denman moved, and judgment was tired for to-roorrow week. TUN DINO It. WISTRACOT ♦ND Mr. Tenon moved fur leave to file a canned information against the editor and publisher of a journal called The Gazette of Fashion, for a gross and scandalous libel oa an individual, described not by name, but as a visors living on his property. The alleged libel held him out to be a man of infansoue character. His father was said to be a hackney coachman. his mother a washerwoman, and binned a pick pocket. To prevent his elevation In life he had heel placed In a cellar ito the city. The serious part ot the libel charged bins with the forgery of a will, by which be became roomed of Ins deceased brother's property. The Lord Chief Janice asked whether the individual denied the charges. Mr. Turton.—He does. my Lord, distinctly. Judge Bailey.—And you have ascertained that the person against whom you move is the pnblieber. Mr. Tritium—l have affidavits to that effect. The Court granted a role to sbew cau.e. 131 SERVICE OP PLATE TO MR. ALDERMAN WOOD. A small but very useful, and indeed elegant, Service of Plate has been presented to Mr. Ald. Wald.—lt consists of 44 pieces, weighs about 1,400 ounces, and cost 6001. It is manufactured by Messrs. Green, Ward and Green, of Ludgate hill, and on the inside of one of the covers is the following Inscription To MATHEW WOOD. Esq. Alderman of London. And one of the Representatives in the British Pailiamentj This Service of Plate was presented in the Year ISt% by his fellow Britons, As a Demonstration of their Respect, and Admiration. For has manly, persevering, and disinterested Exertions, m the cause of. CAROLINE AMELIA ELIZAHETII Or BRUNSWICK, QUEEN CONSORT OF GEORGE IV. whom he conducted to the shores of Britain, and afforded her the Shelter of his Rod, when the Gates of Palaces were closed against her e and to whom he continued a firm and faithful Friend. and PrOteesor, to the latest hour of her eventful Life : And also fee hie useful, benevolent. and patriotic Conduct, as Alderman, Sheriff. and Twice Loin M *Yos ' of the CITY or Low Dot. On Thursday last Mr. Wontner, the late City Marshal, entered on the profession of his Ake as governor of Newgate. • On Friday night last, a daring attempt war made to plunder Woodbridge House, the residence of J.Creuze, • sq. near Guilford, by three men, two of whom came down the road on one of the Guildford coaches, and the third on a horse, provided with saddle-bags. Their intention was happily frustrated by the prompt informa tion of a woman,• who heard the villains settling their plan of action in London, and immediately set off for Guildford by another coach. The party on the watch gave the alarm too soon, and the thieves escaped, leaving their saddle-bags on the premises. The exportation of potatoes from Penzance to Cork has been carried on for several weeks. On Sunday last, the Ellen, Oats, master, sailed with a third cargo of po tatoes from the former to the latter port. A considerable quantity of potatoes may be obtained in Cornwall, with. out any Inconvenience to the inhabitants ; fine new po tatoes are now selling at Penzance at from Is. to Is. 4d. a gallon. On Sunday last, Mr. and Mrs. Bowles. the unfortu nate persons, whose child and sister was killed by the fall of one of the houses in Budge-row, Cannon-street, and who were themselves dreadfully bruised in the runts, determined to attend the body of their infant to the grave on Sunday. It was with difficulty they hobbled to a neighbouring church-yard, where the funeral was performed. During their absence from home some thieves broke into their apartments, which were stripped of every thing valuable, before the two poor sufferers reached home. It is supposed that the thieves expected to find a great booty, a report having got into circulation that 3001. the property of Mr. Bowles, had been found in the ruins. The money that had been found, how ever, proved to be the property of another person. All the little articles of plate which were recovered from the ruins, and which were the only things of any value re maining to the unfortunate couple, were taken by the Nieves. There are a number of well-dressed thieves prowling about Iowa), who knock at the doors of private houses under pretence of having business with the master or mistress of the house, but if the servant has the folly to leave them in the hall or parlour to deliver their message, they carry whatever is portable. Not a day passes with out numerous frauds of this sort being co 1111 l As a cart laden with timber was turning in Fleet street, on Monday evening last, one of the beams, about forty feet long, came in contact with the front of Mr. Vale's toy-shop, near Bouverie-street, the end of which shattered the door and window. ate of the wheels of the can being injured, the latter could not be removed, and the thither stretched nearly across Fleet -street, fur hours obstructing the passage. On Monday mourning last, a duel was fought at day break, on Old Orkliani Coainton,between twogentlemeis of the names of Lockslry and Billinghorst, in cruise qiietice of an altercation and challenge by the latter ph. demo], at the Opera House, on Saturday night. l'he parties fired twice each, and in the second fi re Mr. Locksley was wounded in the pistol grin, which the ball passed through. A surgeon in attendance dressed • the wound upon the spot, which was not dangerous. .