The National Register. — London, England, 1812-04-12 00:00:00

THE NATIONAL REGISTER. APRIL 12. LAIV INTELLIGENCE. COURT OF KING'S BENCU, GUILDHALL, Arm 8. NTSBEI"r V. SWIFT. This was an action against a Lottery Office-keeper, to recover the half of a .20,0Q01, prize, gained by the ticket No. 27, in the Spring Lot tery of ISO 9, which the plaintiff charged to have been lost by the negli gence of the defendant. It appeared, that the plaintiff had dreamt a dream that foreboded the certain luck of Nos. 27 and 111, and imme diately apolied to the defendant to procure for him a half-ticket of the former number, and a quarter of the latter. This the defendant under took to do, and the pt tintiff was previously to the drawing of the Lot t. 2! e, nirnished with the quarter of No. 111 ; bat No.27,drawn a 30,0001. did not procure. The plaintiff spccerdingly lil. d No Bill in khan: try against the defendant, for a discovery of ctAtain facts, which he coal not otherwise prove; and the defendant, by his answer, ad ilitual tile application and undertaking between him and the phOttiff; that he had in pursuance ef it, made application az the proper eff.:e in the Bank, had paid the usm:l tee tit ss. each number, and had . givl in a paper with those numbers. This paper had, however, been a-ciclently either effaced or lost, and the ticket, No. 27, was sold to s..:tplioiy else. By chance, however, the ticket, No. 111, came into the deft. octant's hands, and he secured it for the plaintiff. Lord ELL NROP.OVOid observed, that the defendant having tinder •:.!cen to purchase for the plaintifr the one-half of the ticket pointed out, V.'ls hound to fulfil that undertaking ; and if the plaintiff could show i.e i.ad from culpable neglect, or even from inattention, failed to !o so, the defendant must be liable. - Here, however, it appear- 41, that thr defendant had used all due diligence to procure the number in qavtion, but had been disappointed of obtaining it, by circumstances 1:e mull not foresee sir prevent 'l lie plaintiff was accordingly—Nontuited. SATURDi-Y, APAIL 11. 0 3.1 speech, and called two gentlemen, who gave the prisoner an excelled character for his benevolence, humanity, and his services to his country. —The Recorder summed up the evidence, and commented upon the enormity of the offence, and pointed out the justice of our laws—that indtnpendent of the consequence of the unhappy criminal who silfercd,, and ins very high connections, he was obliged to fall a sacrifice to the law.—The Jury found the prisoner Guilty, and the Court sentenced him to pay a tine of Fifty Pounds ' and to be imprisoned in Newgato Twelve Calender Months, and to find security for h 6 futtlwr good behaviour. YARBOROUGH AND ( 0 . TLI E BANK OF ENGLAND., This was an action of trovcr, -bronht by the plaintiffs, who were hat.k:rs at Donc:e:ter,reuninally against the Bank of England, but sub stantially against a Mr. Sidney, to recover three loot. Bank of England r=otes, which the defendants detained, Mr. Sidney claiming them as his reperty. It ap:wared, on the Part of the plaintiffs, that during th^ Doncaster races in septentin , r last, they had taken the three notes in question at their banking-house in Doncaster, in exchange for small notes, and had transmitted them with others, to Messrs. Gosling and Co. their bankers 1,1 London, who sent them in the usual course of businep , , to the Bank of En4i: Pt!, where they were deta:ned, beipj claimed as the property of Mr. Ie appeared also, that it was the usual course of dealing et . the Do:,Lituer yank, when persons came with large notes to be e . ::- c:,anBed for small, merely to indorse the name of the party on the back Cf . the note upon exchani.ing it, without further entry or inquiry. The totes in question were rough! by strangers, and one of them indorsed w:th the name of Captain Johnston. On the part of the defendant, Mr. Sidney, it appeared, that on the evening of the lath June last, he had gone into Flett-market, to pur chase marketing for his family, when he was in:selled by a gang of pkk-pockets, and robbed of his pocketbook, col:t;tining bank-notes to the amount of near XXO among vraich were the three notes in ques tion, and that he immediately caused handbills to Ina circulated and de;ivered at the different bankers ' Goldsmiths, tScc. throughout the me tropolis, offering a reward for the recovery of his property, and that one of these hills was left at Messrs.. Goslins, and Co. Mr. Garrott', for the defencia.!c, contended, that his client was enti ticd to have his property back ,:md that one or other of the innocent par-. ti,2 must be sufferers; he who had lost his property by felony was but eutitled to restitution. Lord ELLENnoitouGn, however, thought, that as no imputation whatever could rest upon the plaintiffs, and th&•y having received these notes in the ordinary course of their business, the defAidant not being able to show any knowledge on their part, of the transaction, were en titled to recover, and the Jury accordingly found a verdict for the plaintiffs. Damages-3001. LONDON SESSIONS. At the above Sessions on Monday, Robert Towers was tried on an indictment charging him with attempting to bribe anci excite a turnkey iu Newgate to assist in the escape of Mr. Skeene lately executed for forgery.. It appeared from the evidence of Mr. Newman, the Governor of Newgate, that the prisoner attempted to bribe one of his turnkeys to encourage the escape of Mr. Skeene. This being communicated by Air. Hardy, his confidential clerk of the papers, he had the turnkey and prisoner face to face, when the prisoner not being able to deny the ( barge, he told him he would be under the necesAty of proceeding ikr:4llSt him for this ofTence.—Mr. Hardy, the clerk, and Samuel Davis, the turnkey, corroborated this statement; the witnc.is, Davis, explain ing that the prisoner had promised him, if he could assist in the escape of Ny. S. he would give him in gold coin, enough to make linn and hl3 Equly harpy for life, &:,—Mrs Alley defended the prisoner in an able OLD BAILEY. Vv - ednesday, the Sessi4nl commenced before Mr. Baron Thompson. Mr. Justice Bailey, the Lord Mayor, Recorder, &c. FORGERS'. LORD ELLF.NBOROUGH ANI) BARON THOMPSON ON THE BENCH. Iriday, Thomas Flannagan stood at the bar indicted fur having felo niously uttered a piece of false and counterfeited paper, purporting to be a five pound note of the Bank of England, knowing it at the same time to be false and counterfeit. The prisoner mod also accused of having uttered several others of the same kind, which were simply mentioned as cir;:untstenees to sup port the indictment upon which he was charged. Mr. Gaxaow conducted the prosecution. . Joseph Mason, shopkeeper to a salesman In Houndsditch, szid, the prisoner at the bar came into his master's shop on the lath day of Ja nuary, and bargained for a number of great coats calling himself Mr. Jones, and that he lodged at the White Horse Inn, Fetter lane. desired the purchase might be sent there, and also requested to hove 5 per cent. discount allowed for ready-money, which was agreed to. Vu the following morning, the witness was dispatched with the bills o: parch, and, on entering Fetter-lane, he met the prisoner, who said he had been waiting for him an hour; but, instead of conducting him into the White Horse Inn, he took him into the White Hart Inn, where the witness drew out the account, which amounted to twenty-lour pounds two shillings, in total, but with the discount substracted, was onif twenty-two pounds eighteen shillings. The prisoner then pulled out 4 quantity of figured paper which resembled Bank-notes, and of these he gave the witness two, which purported to be five potinOs each, rye which appeared of two pounds value each, and three m Lich stood t.r one pound value each, in the whole amounting to 231 seed took a re ceipt. The prisoner Rave him - some liquor to drink, and 'made him a present of the two shillings which had been over paid. The witness having some scruples in his mind regarding the goodnecs of the me:, went into a hou,e in Monmeuth-street, and examined one of them, which increased his doubts, though tlie proprietor of the shop, his ac quaintance, was of opinion the note was a very excellent one. The wit ness immediately hastened with them to the Bank et Enclend, where Mr. Jackson, the Bank Inspector, declared them to be weedy forge:ho s and detained them in consequence. John Fhoel, the Houndsditeh salesman, proved the prisoner to have bargained with bins for the coats, which were disie.tched by his shupinan. The ptesonei had nothing to say in his own t'.: fence. Lord Eeeertsoitounn very ably summed t:p the evidence to the Jury, who, without hesitation, returned a verdict of guilty of zaterin3 that l&noit.in,‘; them Ito tefinwqd: Four other indictments were registered in the Newgate Calender against the prisoner for similar offences. He was a young man, tall, and well made, and cleanly dressed, and conducted himself with the greatest moderation and mildness. _ _ Neill Daltyi, a lame publican, was found guilty of forking and utter ing a seaman's will, purporting to be that at Charles Isaac, otherwise Rhodes, late a seamen on board the Perseverance, who was drowned in returning from New South Wales, on the coast of Peru, with intent to defraud the next of kin of the deceased Rhodes. In another count the prisoner was charged with faloniously taking a false oath, and there by obtaining 1161. the sum due to the service of the deceased Rhodes. SATURDAY, APRIL 11. Jot. Thompson alias Jas. Woolntan (who was acquitted of an indict ment for forgery on Wednesday, in consequence of the omission of the letter s) was this day tried on another indictment, for feloniously forging the acceptance of A. MiDoughall, to a bill of exchange for 1181. 18s. 4d. and thereby defrauding W. Carter and S. Strong. Mr. ALLEY, for the prosecution, observed on the criminalty of the prisoners conduct, in an eloquent address to the Jury, and detailed the facts of the case to the Jury, which were afterwards substantiated by proofs. Mr. Strong a five—maker, at Hanworthy, near Poole, in Dorsetshire, stated, that he received a letter signed N'l'Dotighall and Co. Great Her mitage -street, Wapping, in September 1811, which stateeoha: in conse— quence of a di4solution of partnership betwixt the firms, (country cor respondence) they requested to know the terms, generally, upon which Messrs. Strong and Co. would supply them. Tlll3 correspondence end ed in witness sending forage to the amount of the sum stated in the in dictment, and drew a bill upon MiDoiighall and Co. for the aniotil:t, dated Om 21, IEII, which witness paid into the Poole t' ink, anti 11 1 . s:Nue:al)* received a letter from London, that the bill La. 1.;,. s'l