The National Register. — London, England, 1821-02-25 00:00:00

LAIV INTELLIGENCE. COURT OF KING'S BENCH. viEDIVIAIDAY, 111111. THII LING 0. HUNT. The defendant in this case was the proprietor of The Examiner weekly newspaper, and the present was an in formation filed against him by the Attorney General for a libel inserted in that paper, on the 24th of July last, reflecting on the House of Luminous. The alleged libel, af;er describing the majority of the members as greedy place-hunters, pensioners, and needy adventurets,osserted that the house contained a far greater number of public criminals than public guardians, &c. This was the libel complained of. The A.turney General stated the Case to the Jury, and urged the usual topic as to the mischievous tendency of such publications as that now brought under their con sideration. He disclaimed any personal motives in this prosecution. He now proceeded against the defendant m the discharge of his public duty ; and having done his duty, he now called on the Jury to discharge theirs. The usual proof of publication, and of the defendant being proprietor of the paper in question, was put iu. The defendant then proceeded to address the Jury in his own defence, and read a lour; written payer, in winch he disclaimed any other motive than a wish to benefit the public ; he denied that he had libelled the [louse of Commons, or that he had any intention of villyirying or degrading it he had only applied the same epti bets, and given the same description of it as had previously been done by :kir. Fox, NI r. Burke, and other great men, and he contended that when the i•resent constitution of the House of Commons was CollsidCred, %% hell it was acknowledged that seats in that House were publicly bartered and sold, and Mat a minister of the crown (lord Castlereagh) had been proved to have participated iu such practices, the description given was correct. — After SOMc further observations, he declared he misted confidently to the Jury to do justice by their verdict to the motives which had actuated his conduct on this occasion. The Chief Justice in summing up commented on the nature and mischievous tendency of the publication in question, and declared himself decidedly of opinion it was a libel. The Jury retired, and after being out some time they came into Court and put a question to his Lordship, as to the necessity of there being a proof of malice to con stitute the offence The Chief Justice said, the motive of a man's act must be inferred from the effect which his act was likely to have. If a man W.15%111114 to do au act which might in effect cause the death of another, he must be pre sumed to have malice in his heart. The Juty again retired,and in a few minutes returned with a verdict of Guilty. THE KING V. FLETCHER AND O'BRIEN. This was an indictment against the defendants for a a conspiracy to excite discontent and disk)) any in die minds of his Nlajesty's subjects, by the circulation of se ditious and inflammatory hand- bills. l'he case has been fully detailed in our police-reports. Fletcher, alias alias Forbes, did not appear to plead, but Mr. O'Brien pleaded not Mr. Pearson stated the ease to the Jury. Seale, the printer, was examined, and proved that he received his orders to print a number of hand-bills from Franklin ; amongst them were the Smithfield bills, the bills to the unrepresented en Westminstt r, the bill re lating to the Queen's plate committee, the fraud bill sent to Leicester at Sir F. Burdett's trial, kc. The following was tae substance of Mr. Charles Pearson's evidence.-1 am the attorney ill this cause.— In consequence of information which I received, 1 watched the house of Mr. Scale on the Ist of October, and also on the 2d, 3d, and 4th of those days. On the first two days I did not see any thina to attract my notice, but on 'Wednesday, the 4th, alter a walk which 1 had taken to avoid suspicion, I saw Fletcher coming out of heale's house with a parcel under his arm, about four inches in height. 1 recognised him from the description 1 had received from Seale and others, of his person and dress. This was about half past two o'clock in the af ternoon. Ile went down Tuitentiam-court through the Seven I)ials, into Castle -street, St. Alastiat's-lane, and thence through the courts to Craven street. 1 saw him go down Craven -street, to No. 21, the house of Mr. 1). O'Bryen, the other defendant. Ile had the parcel with hint in his hand. 1 saw hint alter he got into Mr. O'llryett's house. 1 passed the house, and immediately saw in conversation with Mr. O'Bryett. in his parlour. I went into a neighbour's house afterwards to watch, but somehow or otht r I lost him, he escaped my obser vation. I acain hatched 11 r. Seale's house on the .sth ot October, in company with Mr. Wilde, not the barrister I saw Mr. Fetcher en that day; he came to Mr. Seale's about half past one, or perhaps two; he st:od there, I should tlmik, about an hour. I Waited in an adjoining street close, sir that I SAW hint come out, he had a parcel with him, it was about the size of that he had on the precednig day. I then traced him to Craven-street again ; I saw bun go into Mr. Denis O'Bryrit's house, iit Cra ven-street. At that time be had the parcel in his !laud. I watched the house in order to see whether he caane out, and he (lid come out about five and six in the after noon. He had nut the parcel p ith him then. Mr. O'Bryen came out a little 'whim Mtn and went away in a coach. On the hilt of October 1 went to inquire for Mr. Franklin at Edgeware-road, and some one tolti me teat a particular house, pointed out to me, was Mr. Franklin's. 1 made many inquiries in the neighbourhood as to the name of the ot copier of that house, and I received the same answer. Alter nty return return Iron, Maids-hill, I applied at Bow-street the next morning, the 701 October, and on the Saturday evening, hav Mg obtained a warrant, I went to Mr. Saturday s house beta eels six and seven o'clock ; I did not see Mt. O'Bryen ti.at evening; it was the evening that I en gulfed for sir. Franklin of the maid -servant, who an swered me Gout the area. The first answer that 1 THE NATIONAL REGISTER received was, that Mr. Franklin did not live there. The next mornilig, Sunday, about six o'clock, 1 went with Vickery, the officer, to Clarendon-place, Mania-hill, and entered the house pointed out to me as the resideoce of Mr. Franklin; 1 sent up a message by the servant to Mr. Franklin, that a gentleman wanted to speak to Min on particular business; I gave her an assumed name ; iu the mean time 1 admitted Vickery the officer; the ser- Valli requested me to walk up stairs, stating that Mr. Franklin was in bed ; I went up stairs and found him in bed ; I asked hint if his name was Franklin. He said it was, and I found he was the same man I had traced from Seale's to O'Brien's and the same man whom Mickley and Seale had described to me. I told him I had all officer below, and I took him into cus tody, and we brought him away to town; I took hint to toe public office Bow -street, lodged hint there, and left hint there about mo o'clock. I left him with Vickery and another officer or two, and Mr. ‘Villiams, a (mod and ilext door neu.thbour of Franklin, who had conic up with us in a coach. I called the following morning at the office at eleven o'clock, the hour of appearance ap pointed, but he was then gone I have made a great many inquiries for him in different places, hot I have never been able to hod him. Ott the Monday, about twelve or one in the day, I went to Mr. O'Bryen's with Vickery. Mr. 013ryen was at home; we were refused admittance ; Mr. Vit kery stated to the set ant the object of Ms call was to search the house for Franklin, and a:ul threatened to break open the door. Mr. O'Bryen recptireil to know, why I searched h s house? I du sty, red " for Flank ;" he said " what for ?" I told hint I hal I was the Secretary of the plate committee, and it was for publishing seditimir libels, particukirl)' in their name; Mr. O'Bryen said, " I don't know such 3 man ;" I said, " you cannot say so Mr. O'Bryen, for I saw sou myself nit Thursday last in conversation with hint ;" he again denied knowing such a man, more vehemently than before, accompanied by threats against us for searching his house; I gave bun a further descrip tion of Franklin ; I told him he lived at Maida hill, and that his son was an ollicer in the guards, and I also described to hint the dress in which I had seen him with Mr. O'Bryen on the Thursday; Mr. O'Bryen re. prated with very great warmth " I know of no such man." The Jury deliberated two or three minutes and found a vordict —Not The case occupied front twelve o'clock until near ten at night. COUIU' OF EXCHEQUER. WEDNESDAY, FEB. 21, Till RING 0. THOMAS GODDARD. Nlr. Clarke stated the case for the Crown. The in formation was brought to recover from the defendant, who lives at Rauobury, in Wiltshire, certain penalties he had Mewled for carrying on the trades of a shoe maker and tanner, Chien the law did not allow to be carried on by the same person, on account of the facility it gave of evading the I ayment of the duty on leather— The present defendant being a wealthy shoemaker, had made a tan-yard at the bottom of his garden, whith was entered in the Oaltle of one of his workmen. For this offence he linfeitecl 1001. and the value of the leather seized at the tulle, amounting to 1901. There was also a count fur taking leather out of ouze, while in the process of tanning, wi bout having given notice. The person in whose name the tan-yard had been entered gave notice of taking out of the ooze 11 hides, which number were accordint;ly taken out iu the presence of the officer; but on his going again the next day he found Iv hides had been taken out of the ouze. The defendant on being aiplied to by the Aker on the subject, said, it was not his wish that any ding should be alone that was wrong, and distinctly admitted that the lan-yard was ; for this offence the penalty was ::001. '1 he case as stated was fully proved, and the Jury found a verdict for the Crown for .4901. COURT OE EXCISE. MONDAY, FEB. 19. CAUTION TO STATIONERS AND 01;HERS.—Mr. J. Howton, law stationer, of Chancery-lane. was charged na%ing, had ut hu 1)04:A•S51011 368 skins of parch own!, without hat vii ally Excise stamp iiix et% to them, whereby tie had incurred J velialty In a considerable amount. C. H. Lord, an ()nicer of the Excise, proved that he went, in consequence of information, to the house ol the defendant, and overlooked his stock of parchment, when he found 508 skins without any stamp upon them, which the WlllieSS seized. Ttic defendant was unable to state front whom he had bought the 1113. Howton said, that it w s frequently the practice of LW stabutiers to purchase large quantifies of skins, tor really nioney,llolll iiileratit dealers, whom, perhaps, they never saw agin. The skins in question had come Imo their possession ih that manner. The Cann said, that the law stationers ought, for their own ►afety, to be particular in seeing that all the skins they bought were duly stamped, as they were equally responsible w lift the manufacturer, and laid themseltes open to heavy penalties, besides the loss of the skins, In the present instance the Court thought that there was not the slightest imputation against the delentlant , they therefore remitted the penalty, but condemned the whole of the skins. I ELICIT DISTILL ATI ON.—W. 1.3.111Vr was charged with having had a still in an unentered pace, and also with having illegally woiktd the same, n tierefy ne had incurred penaltas to a considerable a I twill. J. I)ranet, au officer of the Excise, mated, that on the 6th of I.)cceinber last lie went, in company with a bro ther officer, to No. 8, Baker's -tow, and gamed athloss,tht to the home by stratagem. The decent:ant st as there, and accompanied mein over the house to :heir seatch, assuring them that they would find miming, until the witness found six wash backs, or tanks, sunk in the ground, by the cellar ; at that instant the defendant darted off, lai;ening the doors behind hint, to prevent pursuit, and he had not s i nce b een h ear d of. It: a son 6S of cave underneath the house they found two copper stills; the one a large, and the other a small one. In the backs they found (ion gallons of wash, which they worked off, and obtained 160 gallons of spirits front it. They seized the whole apparatus. J. Hancock, a constable of Clerkenwell, proved the occupation of the house in question by the defendant,. who had opened it as all undertaker's shop but seeing no wood or coffins go in or out, the witness had long sit eye upon the place. The Court condemned the goods found on the premi— ses, and convicted the defendant iu the penalty of 1701.. Alexander Allen was also charged with having had a • private still. It appeared from the statement of Fitchew, _ and some other oflicets, that on the 30th of December tart tuey Lim: air - 11A visit to a house which was oc. copied by the defendant, No. 3. Gloucester -street, Cur tain-road, where they Mond a large still in full operation,.. with extensive apparatus, which they seized, together with a large quantity of raw spirits. The Court condemned the still, apparatus, and goods, and convicted the defendant in the penalty of 1901. BOXING BETWEEN OLIVER AND SPRING, FON ONE MUNDY= SIM NEAS IA SIDE, ON TUESDAY, AT NEWMAN'S MEADOW*, DAYS, MIDDLESEX. -410 — This was the first Spring meeting of the gym nastic sports, and at day-break in the morning the western road was all bustle, with the usual motley equipages, from the lordly barouche to the sweep and costermonger sets-out, intermixed with the Ber mondsey deunets, and the sedate rattlers, and all seemed upon equality. The Rainerites, as game as the Norwich bull, started after their Monday night's diversions, and no adequate idea can be conveyed of the confused scene, when the fanciers approached the ring. The Commissary having made the ring, the men entered, after dolling their hats and slinging them into the ring. Seconds, Cribb and Painter for Spring, and Tom Owen and Richmond for Oli- - vet. Guineas to pounds on Oliver. - ROI) N DS. t. Sprint parried Oliver's left and right-handed blow*, and Oliver made play again, sad placed a slight hit out of distance, when they closed, and utrr a shot t rally boils went down, without any mischief. 2. 'Aver 111422 4 feint with his left hood to bring bis adversary within his iesch, and Spring, fightiog ■pea his sayeilor length, broke away. Oliver placed two blows, but they were nut within executing distance. A close followed, and Sluing tried to hold his man, but miser got away, and in making a tally at Spring he was knocked slows. cleanly by 4 ,huh bit on the mouth. Ouster gathered himself ap without the aid of loss seconds instantaneously, and by his smile seem- - cil to hold the event in disdain. 3. I hie sadoid mewed the coolness with which the men (ought in placing their teet, by which boners measure their &umbrae (as the eye must be heed upon the adversary's eye.) Olver stepped en Spring's toe, and feeling that he had done so begged his pardon. Oliver Made parry of Spring's lett hand. In a rally spring drew the that apparent claret from his *dam sary's 'numb, and threw him. No bolting. 4, Oliver made a tell-handed hit, which Spring. got cleverly :may from, and Oliser's right band alio fell short. Oliver placed a blow main his adversary's head, and anew him in a•close. betting 6 to a on Spring. loth throw away many blows, and it was evident that Oliver had not length sufficient to place hie hits. Setting got his adversary's head under has lett arts, but the •' weaving" spurns was spun an equality. Oliver was thrown. a. Spring had all the best of this round. Ile hit his adversary twice span the head, and Oliver had out length enough to imam, and be was thrown again. 7. Oliver niadea rash, but lie (Ailed, and Spring lilt him heavily on the neck, and threw din a 2evere tall, which knocked the senses oat of hint, and which he never recovered during the light. Owen, his second, rallied him with •• halloo, Tom, what's the matter, are yon going to sleep I" It's trite, he was in real sleep, but the sound roused. him. a. Olney went in with desperation, and had the bast of a good rallying realm!, but his blows were not 'trust,: tootles to ma k his ad. • • y's tier, mid he wasthrown. Oliver was much exhausted, and, without aeeillellt, spring had secured the battle to a certainty. It was all the town to tliiktstreet. 11. Oliver fought snost gallantly, and bad none the wont of the brat tart of the round. lle plac e d thre e bl o ws, b a t still lett nu mark, g a d e was again thrown. ills Ad.. - psiestsx a weak left-banded hit, Oliver was floured cleanly, and delogest in elates. It was altogether a brown suit fur him. floe hit rut lion under the eye. It, I2,tuA Id. there was nulling to observe upon, Oliver was beat, and he expel enougis to smash the h•rdiast in these 101114 d,. 13. 111.0 was a manly suuml, and Oliver tried most tearlessly tu place his blows, but spring am his head muter his arm, and smutted it with smelt tounging ling at the weaving system, that it was a cuntusnt mass of minssuu hue; mid be received heavily al...upon the body, wad tell, as a mass would trout a shut in she sight place. is. Oliver again di played the most dm intsourage ; but Spring bad reduce,' his strength to babylsin,stud be again weaved him at the ropes, until Oliver's backer• called out, ill the language et JhalcspeAse. " • Ilulti! Enough. "fake him away;' it, la, and IV. The amateur Could wily feel pity fur the vanquished CUttl'agna Oliver, who pet listed in his daring rews.utsun• flocoutoned to stand up, or Was i &bet' lest •p lu the scratch, reeling like a drunkard, who had swallowed a couple 01 tidal ti Ul Ull1141) . a .• primrose," amidst the ealls us " taking him away," mail the end of the :tad round, when. be became guar lust, and ill/ seconds said '• enough" fur him. REMARKS. Spring won the battle without a visible bit, and although the opinion is still entertained that he is not a punisher equal to his weight, yet he is a most cautious boxer of much strength, which he works well in, and is, like Randall, as busy with his feet as with his Lists, with an eye like a hawk poUncing down upon his prey, and it' he cannot finish at one hit, he has two or three others in reserve. Giver is one of the bravest of men, but he could not gct at his adversary. A liberal subscription was got_ for him. Both Spring and Oliver returned to London, on. Tuesday, and it could not be seen that the former had been fighting. The constant flow of blood upon Oliver's face made his punishment appear worse than it was, and he does not chew marks of any heavy hits. Many of the industrious poor are now busily em ployed in supplying with water the inhabitants at the west end of the town, particularly in the parishes of Mary-le-bone and St. George, Hanover square, who, by resisting the demands of the Water(Companies, have had their supplies cut off; as a temporary expedient, this measure is highly bene6cial to the labouring poor and to the rublic.