The National Register. — London, England, 1817-07-14 00:00:00

JULY 14. COOK L. MAXWELL, ESQ• This was an action of tresspass and false imprisonment, and also to recover a compensation in damages fur the destruction of the plain till's property by the defendant. The case proved was this: The plaintiff had been a settler on the Rio Pontes, on the coast of Africa, so the year 1814 at which time the defendant, Colonel Aliexwell, etas governor of Sierra. Leone. In the month of February in that year, .the defendant sent an expedition under the command of Major Appleton, to the Rio Pontus, about ninety miles from Sierra Leone, and nut within the defenticntsgovemnient, for the purpose of putting a stop to the slave trade, then suposed to be going on in that territory, notwithstanding the British laws of prohibition. The plaietiff was an AnietiCan su'iject, and occupied a factory at Rio Pontes, con. tviiiing property to the amount of io,oool. sterling, which he had purchased of another American subject some years previous. Th e territory belonged to once( the Native Powers. On the arrival of the expedition. hostilities were immediately oonmaaiced with vigour; the plaintiff's factory was destroyed by fire. his moveable property cunhseated, and lie himself carried a prisoner to Sierra Leone, where he was left in confinement even atter the authority of the de fendant was s'ipreeeled. lie was afterwards :kilt home by the suc ceeding gore:lure to England, in custody, and upon his arrival, which was at the expiration of twelve months captivity, he was liberated by order of the British Government it appear. el, that the defendant had, as governor of Sierra Lcone, rereiveel a share of the prozeeds of plaintiff's property taken at W.) l'ontus. For these grievances the present itction was brought—The topics suggested in behalf of the defendant in mitigation of damages were, that he conceived himself authorised in the conduct imputed to him, by the late Act of Parliament, which made it felony for British sub jects to traffic in slaves—that imagining the plaintiff to be a British subject, and carrying on this illicit trade. he had treated him as a person who had subjected himself to the penalties of that law.—Mr. Justice Bayley was however, clearly of opinion (and charged the Jury to that effect), that in all events the defendant was not justified in proceeding against the persons and effects of parties residing out of the territory placed under his command. Here the plaintiff was r e siding in • distant settlement, not under the authority of-the defendant, and consequently the latter was liable, as well for whet had been dune under his immediate orders, as fur the subsequent 'detention of the plaintiff's property. That which had been destroyed, should be estimated out of Court.—The Jury, under the Learned Judge's directions, found a verdict for the plaintiff, or false impri son. mein, diunagei 1000 J. ; and for the property. damages 19,000 L subject to a reference. SECONDARY'S COURT, Jut 6. CR IM CON-KF:NOT. C. sonrELL This was an inquisition to assess damages in an action brought against the defendant for criminal conversation with the plaintiff's wife, and in which the defendant had self fere(' judgment to go by default. Mr. Brougham, for the plaintiff, stated the case to the Jury. Tho plaintiff, Mr. Kent, was a Lieutenant in the 21st regiment of Dragoons. In the year 1804, Mr Kent was married to his present wife ; she was a young lady of great beanty, of elegant accomplishments, and most prepossessing manuers. Iu the year 1807, lie was under the necessity of proceeding to she Cape of Goad Hopei to join his regiment, which hail previously been sent out to that colony. On this occasion he did not leave his wife behind him ; they sailed in the saute ship. 'the defendant heltathe rank of A djuitant- General of the forces at the Cape. An intercourse, therefore u t ast have exiiitesi between the plaintiff and the defendant : and that iidercouse which the duties of. the service at first rendered necessary, afterwards grew into one of intimacy and friendship. The defendant, Colonel Sorrell, was a con stant attendant at all of the plaintiff's parties. In the mean time Col. S. pretended to ewe; fain an uncommon degree of triendallip for the plaintiff, and made hint repeated otters of using his interest to obtain promotion for him in the arms-. Col. S. was, or at bast was understood to be, an unmarried man ; he was 46 years of age ; he was 'a man of grave and serious 11181111CrT, having no appearance of being addicted to gallantry. Iu this state of cordial intet course the pat ties con tuned to associate with each other until the year 1511, v. hen the private affairs of Mr. Kent required his preisetire in . England ;and, for that put pose. lie obtained leave of.abselice for six mobil's. Mr. K. had not the slightest Suspicion tif his wrft's infidelity; nor was there any evidence to show, or reaams to believe, that any criminal intercourse li tel. taken place het-wren her and Col. S. -during their lesidenceat the Cape. Re must have been for n length of tone, howes vs., carrying on such an artful and secret system of seduction, nc *t length induce:4oe unhappy woman to cotiatait PT the guilty arrangements which lie formed for the ultimate rum pleticoi of his execrable purpose. One of these illrair2emeati was, that on the at livid of Mr./Kent iu Eitgland. shat slitaild immediately eittpe front her !Instant!. and place herself under the protection of a friend of Col. Sorrell. Mr. Ki nt cm . barked with his family en board the Boadicea F, jeans. To the very:moment his departure from the Cape, Col. Sorrell eoutimied his professions of friendship, frail just before lie sailed, gave hia- a very handsome letter of introduction am! recommendation to Sir 11. Torreus, Secretary to the Com mander-in-Chief. .121iis was a complete anknowledgment on the part of the defeadret, under his ownihand, that the plaintiff was wor thy of the notice of the Cisminander-iti-Cliief, and a titan against whose character no imputation could lie. Bat to thew the abominal;e thiplieity :tad treadle, y of this defen dant, the saline ship which cunveyed that letter, did also con vey another written shoat the same time containing senti ments the very reverse, and insinuating that the plaintiff was a character unworthy of possessing such at woman as his wife. Phis letter svas addressed to Cal. Shaw in England, and was as follows :-- "The favour, my dear Shaw, which I have to ask yan re lates to a female, who in every point of family and personal qualities, is entitled to consideration and esteem, and between whom and myself an attachment ha, taken place not to be effaced. Nita well remember Mrs. Kent of the 21st Light Dragoons, whom yon knew, and frequently saw at General's still, Mrs. Austin. lam sure that I can acquit myself litany intentional intrusion upon domestic ef - mections ; bta.where there is no affection I:et wren luau and w ifs, the opportunity of doing kindotliceh fora female frequently produces attachment. 1 cannot here detail circuttistanees of ;IccoFia delicacy, which compelled me in this case, iu which every tiding of ley heart and maid is involved, to have recom se to the aiil of a friend. All shall be told you hereafter. I can only say on paper, that K. has got leave to go home, and sails with his family in two days, in the Boadicea frigate, ('apt. Lord Nesllle, who gives ; thema passage. I cannot get a passage POW though I have made every effort ; but I havegot leave uf 31;Stellt*, aml 31'411 come by the nest ship. Now, my dear Skaw, such is the case, that she may be so situated as to regent e the support of e friend in the interval between her aerie .1 and mine, so fair as to procure fur her an asylnai with a female, In which she could remain quiet in perfect retirement till I errive. ~et Inc beg this assistance ama your slt,l has letter with her, and will only forward it in ease necessity rt quires; and it will thus be accompanied by a note from her self, to say whore she is at Una:llona:at. Yost aced oily up. TTIE NATION.AL pear in private to assist her in retiring to a suitable asylum for the short time I. have mentioned ; and I most earnestly entreat that you still give your protection the moment this reaches you. I apply to you Its a friend, who,J stile, will feel and enter into the delicacy of such a situation, and the X loty I must experience oil this subject ; but 1 console my self in the confidence 1 feel in your kindness. 'They will pro bably arrive in England by the 19th of May. This letter woes in their ship ; and I hope to be in England by the end of June at latest. If necessity requires her to forward this, I bea you to leave a letter for me at Conics's, midi a direction to be left till called for; and I shall go there to ask the moment I am in town. God bless you, and let me rely on your friendly aid and secrecy. Yours, &c. Sorrell—March 2, 1811." Colonel Sorrell wished, but was unable to obtain a passage on board the Boadicea ; but that ship had not been three months in England, When he arrived in another ship; and then instead of calling on the plaintiff to renew his, farmer 444141- .11M, he carefully avoided hint, but took care to apprize the %sae of his arrival, and that infatuated woman, unable to re• move the impressions that had been made ou her mind, fled front under the root anti protection of the hest of husbands, and deserted her two surviving children, lastly girls, who weraalready of an nge and miderstandina sufficient to be ac quainted with the it mother's disgrace. Site threw herself into the aims of a base and treacheran4 seducer, with whom she has ever since lived in a state efsnilt. Several witnesses were then called alas spoke to the affec tionate manner in which Mr. Kent conducted himself as a husband. ... The Under sheriff gummed np the evidence, after which the Jury retired for a few minutes. and returned with a ver dict for the plaintiff—Damages 30301. No evidence wag called, nor did any Counsel appear in behalf of the defendant. OLD B.HLEY. MONDAY.—J. Cooper, fur assaulting T. Collins on the high way, and robliing him of a silver watch, his property ; D. }laniard, fur stealing. 401. in Bank-notes, the property of J. Hudson, in his elwelling.house ; and IV. Dear, for stealing a bed and other articles, the property of G. Perkins, in his ilwelliuglioase, were capitally convicted. CHILD STEALING. Harriot Molyneux Hamilton, was tried on an indictment, charging her with feloniously stealing an infant male child, Eix monthe old, sou of Mr. Potter, a butcher, is Quebec_ street. This case has been already detailed at great length in onr Polive Report. The prisoner, vim is a handsome woman, 25 years of age, was rather elegantly attired, with a silk shawl negligently thrown uvcr her back. Louisa flood, servant to the prosecutor, proved that she was nnrsing the child, in company with two other girls, when the prisoner contrived to send the other two girls away, and she then gave witness money to go to No. 1, Lower Berkeley street, on an errand, having undertaken to nurse the child until the girl's return. Witness coon] find no such number as directed to in Beskele).street, and on her return the pri- soner was gone. watermais at the coach stand in Oxford-street, and Woodhard, a hackeney e :aeh-master, were pest called.— The former proved that he pot the prisoner stud the child into the conelt,and Woodward entered into a detail of driving the prisoner to Croydon, she having first desired to he driven to Charing-cross, and next to the Elephant and Castle. This witness proved that the prisoner pot fresh clothes on the rhild whilst in the coach :and that she was very humane and attentive to him. On witness return:a; to London, he WAS apprised of the loss of the child, and he comniunieated what had happened to Mr. Porter. .Woody and went thrones the history of driving the father of the child by way of Brighton, to the Golden Fierce, at ChicheAe., where the prisoner was taken. Air. Porter corroborated the eoachman,as to the ronte, and on his arrival ut Chichester he entered Vic rosin alone the prisoner was ottesdinit the child in bed.prisoner was hushing the child, curl patting him on the hack. lie bad fresh (+laths int, whirl, did tot belong to him. U. Hewlett, of the Gulden Firer•. corroborated the above oritleue.., as to what pasied at the inn ; and the mother pro th.erd the eitt;tl in Court. ...... The prisoner gave in-a long written defence in which she r!... ~timed any maime towards the child or his parents. She del not take the boy to keep him for any length of time ; nei therdid she take him for lucre or gain, although her present situation rendered it impossible to disclose her intentions bather. The other part of the defeuee went to state. that the Act repined a malicious intent to he proved, when no such intent existed. Her mind was overwhelmed with sor row at the rash act. The Judge, in summing up the evidence, observed, that the carrying away the child, by force, or by, fraud, or cello sion, implied malice. Upon the construction of the statute. there was no occasion fur malice against the child, or against the parents. The Jury, without hesitation, found the prisoner Guilty, which subject, her to transportation, at the discretion of the Court. 'I he Solicitor-General prosecuted, and the Court was erowdod to excess. W. Ball was indicted tinder a Special Commission, for the murder of Sarah, his wife, onthe 21st of October, at Heligo laud, by knocking her down and otherwise ill treating her. The prisoner was a soldier,.nnd resided with his wife at a lodging not-far from the barracks. He had been drinking with laisavae till they were bath inebriated; and after they Lot home some wor.l emu( d, and she was tOtind.dead upon the bed soon after, with 111111 ks of violence about her head. lamas heard them quarrelling ; he saw him strike her twice with his fist, but did nut knock her down. Peter Schwatz, who lived in an adjoining room, heard the deceased call out " stiike me Ball." He afterwards heard a noise, as if some mac hail fallen on the floor, which was followed by groaning ; he afterwards sqw the woman dead upon the heel, and the prisoner weepi:lg by the side of her. I). Ryan, a soldier, proved that the• prisoner said ea the deceased, when she begged of him not to strike her, -that he would smile tier by-mid-bye. Anott• r witnesa proved that the deceased fell down twice froindhe ettects of drink. Mr. Parrot,.a Sorg 'on, said, she died In consequrnee of th:, amputee of.a vi,sel on the brain. There were bruises behind the neck, and incisions behind the ears, as if done with nails. The materiel blow was on the temple, which might have been occasioned by a fall, or %silica list or the ves,rl might have been imptured by drinlasione..—L; uilty of dl oslan..;lder. —To be imprisoued in Newote six months. If. Atwood was also tried by a Special COMMiLbil.)ll, fur the murder of W. Fitzpatrick, b 7 t4rovitiog kin/ out oft boat. The prisoner and the deceased belonged to the Cornwall Indianian, and they mint on au eXCllrainll, I,‘ ith Six others, np the Wampoa river to Canton in Cilill4. Goiring the excursion it was observed. jocosely, that the deceased was lazy at the oar, and the prisoner threatened to give him a docking. Some. words in joke passed, and the prisoner threw him overboard, and lie did not rise again. it appeared that the river was not deep. Bat the head of tile deceased stuck in the mud.— There was no evidence to prove malice, and the Jury found the prisoner Guilty of Manslaughter. To be imprisoned in Newgate for six months. TVESDAY.—George Harvey was capitally convicted of stealing two sheep, the property of Thomas Saunders ; and Esther Perrott for receiving the slum, knowing them to have been stolen. Fourteen years transportation. W. Bull, W. Wilkins, and Fitzwilliam, were cons icted of burglary in the house of Richard Cartwright, Esq. and stealing a great quantity of wearing apparel,aud divers other articles his property. In the course of Mr. Cartwright's examination. it appeared that Wilkins had lived with him, as servant, before the rob bery. Wilkins attempted to prove an alibi, but failed. Mr. Cartwright recommended the prisoners to mercy. Mr. Justice Park declared that he could not attend to this recommendation, since the Judges of the land almost uniform ly refused to extend mercy, in cases where robberies were committed through the agency of servants. Mr. Justice Abbott observed, that almost all the robberies committed in Noblemen's and Gentlemen's houses, in this metropolis, were effected through the inArnmentality of see vants, against whom it was necessary that the law should be rigorously enforced. James Francis, Thomas Grogan, Thomas Howard, John Jackson, Thomas Jones, end Hannah Jones, were indicted for burglary in the house of Anne Thompson, and stealing therein a number of jackets, value 61. and various other articles, the property of Henry Jacobs, in Rosemaiy-lane. The prisoners, Grogan, Howard, Jacksoo, and Jones. were found Guilty of stealing in the dwelling-house, above the v due of Los. but Acquitted of the burglary ; Francis and Jones were Acquitted. The latter under the direction of Mr. Justice Abbott, as it was probable that she had not heels concerned in the burglary, and that In disposing of the bun. del of goods, she had acted under the the direction of her husband. Charles and Robert Coombs were capitally convicted of burglary in the house of Ezekial Baker, and stealing 11 pistols, valne . 3ol. his property. John Coffin was indicted for a criminal assault on Eliza Dellnw, a child of the age of ten years and a half, on the 30th of May last. Eliza bellow (a delecate looking child), stated, that her father kept the Anchor and Hope public-house, iu Shadwell. On the nth of May, in the afternoon, she was in the bar by herself. She was marking a bank-note which she had received from a customer. The prisoner was in the tap-room, and be tried to come into the bar. She shut the door—but he got its at the other end, and after some previous indecency, he seized hold of her, placed his hand on her mouth, to prevent her from crying, and effected the crime for which he was now prosecuted. The prisoner totally denied the charge. Mr. Justice Abbott .summed up the evidence—and the Jury, after a quarter of an hour's deliberation, returned a verdict of Guilty. WEDNESDAY, S. Roper, for stealing n 21, Rank note, the property of G. Harlow, in his dwelling house; J. Parker and 'l'. Hall, for stealing in the house of 314 ry Harridonee, a silver watch, two gowns, Ace. the property of r. Chapman; Ann Payton, for stealing two Gl. Bank notes, the property of Mary swith , iu her dwelling house, were capitally coo sicted. THuasnar, Solomon Cohen was indicted for stealing 673 yards of silk, value 1001, the property of Joseph Foot, a aids mercer, at Spitaltichls, was found guilty, and ccuteoceil to SE%tli years transportation. FRIDAY, Thomas Holmes, Richard James, T4tomas and Joseph Holland, were tried for breaking and entering the Haymarket Theatre, and stealing a quantity of ilia sses, a helmet, some beads, and several other articles, the pro perty of Nlessrs. Morris,Colman, and Winston.—The robbery was proved by several witnesses, atter which the Recorder summed up the evidence, and the Jury returned a verdict of CITY BunwEas.—Tuesilay the Lord Mayor held a Court of Al dertuen, at Guildhall. when the de.dt of Mr. Edward Kirby. late keeper of the Debtors' Prison for London and Nliabllesia, was an not.nced. Several bus of gold, weighing upwards of 900 ounces, wsle swolit off for exportation. Some persons were allows(' brokers. His Lordship afterwards went on the hustings, and held a Com. mon Hall, for the election of a Sheriff to serve with Francis peon. ges, Esq. Sheriff of London and 3C.,lillesc.x, for the year ensuing, in the room of Robert Wilson. Esq. who has refused to give bond to take upon himself that office, whe:i tieorge Alderson, 1.:6g. citizen and pewterer, was duly elected. and, deduced his,conscut to serve the slid office. A Common Council was afterwards held, when Mr. .Ahlertnan Thorp was unanimously elected Gev..rnor of the Irish Society, is the room of 11. C. Combe. Esq. not an .11(1,7114n. The C'oanittee ofd3ridge-lionse Estates made a repent on the ,Pate of the Borough Compter, which misread, and ordered to be printed on the minutes., prior to being tal.er. into .consideration. The Committee fur General Purposes pre...ented a report for ono% . ing Sir Watkin !Ames-Soul. per.annum, in consequence of Iris l engt h of senices of the Itoaustalt of South wa tic, in the t rot of his being removed from that office; and Lifter considerable disease sion thereon, a motion was made to agree with the Report. and v. amendment was proposed to adjourn the consideration to a Mune Court,. which was negatived on r. 111% isiun, the numbers heing-4 ur alrecingwitil.the Aepare, Y Atterniot, 3t Commoners. anti 60.-I'or tuljourr.;ig the. consideration, 3 AlAstm e:4 33 Commoners, and 3 Tellers—Total, 38i . - The Seoonder v icA were rhrertre, to 0 .4 berme the Court the or lists of persons cvt.1i6 ,..t1:0 serve Rio .111C{T.S ritiin the , it) ; anti al-4 the hook from whieh tipteiul Juror: have keretufore imet chock 13 rub• or order of the Court .10;c:41'4w:ter. URIDAY. another Court of Aldernun WAS held, for the alt ;lion of a lioeut r of the New netters' Pri , an, in the fl:9111 or MI. [Alward Kith), deetased. when M. John Pi l fer Ica: elect . ..cf.—Mr. A id,r u i liu Titorp vats sworn (it)111/1Ur at the Iri h irSOCietv.--Gewge out er . son, gave born to take upon hints& the tth,:e td Sheritf. sit .)tiehaehttas next.—Rix bats of gf.ld. w,ighing %worth o f 7s Qune,s, swell: of f,t; e : xlant..l:act...-S-vcrelpyr-uns were attay..J as l bwom brokers. Serjtaist 'l'. Bray, of the 59th regiment, is arrived in town to prone( ute his claim to an estate of 18,0001. a year, to which lie is said to be entitled by the death of R relative at 'reality; in Boincr3c.taliire.