The National Register. — London, England, 1818-08-09 00:00:00

ATTG. A •hip, in soitim ntt , up, lamented that he could Not find any gronn , i oldonlit hi the evidence, and sunested to ll►e jury, thl• no!! 1111111 left to them, to recommend him to mercy. fi l o jury foand a verdict of guilts, hut recommended him to 'new/ in consideration of his youth and former geed character. Mr. „Nit' Lambert ako strongly recommended him to mercy. The prisoner's nnhayl►y father sat in Court doting the trial. CIVIL SIDE. DROWNT. JOHNSON. The plaintiff, who is brother•in-law to the defendant, limed payment of a bond for 1601. executed in net. and a!rres! from that time, making in ail 3201. For the plaintiff was urged, that the bind itsel; was quite clear, that an ..idorseinsiit upon it in 1801 proved the payment of interest defendant, a man of 81, aeknow. that year, and that the led2eil to the clerk of the plaintiffs attorney, on Tuesday last, that he had never paid it. For the deleutlaut it was contended, that it had been paid, although the distance of time made it impossible to show when it was paid. The en. dorseinent was a fabrication; it happened to be so dated, that 'it was within 20 years of the date of the bond, and of the date of this action; but it was not written in 1001, fur a copy given to the defendant by the plaintiff since the action began cot. twined it not ; further, it referred to nu account which ex pressed nothing of Interest, and could not in any way be connected with the bond. A. to the pretended admission of the defendant, the jury were to consider that the clerk had gout to the defendant's house on pretence of subprenaiog nephew, whom they did not call, but in reality in older to risinp a confession uttt of the defendant. Neither life nor property was safe if evidence like this could be r ecr i re lint the defendant had only denied that lie hail es er signed such a bond, and with the belief that he had not, a want of memory not surmising in u man of 84, he must have said that lie had never paid it. The strongest circumstance, however, 'was, that the plaintiff had never demanded payment till 37 years aller the date, while he was so lunar that he was sup • ported by the palish. and while lie lived fur many years en the worst terms with the defendant. Verdict fur the De fendant. NORTHUMBERLAND. —Acc. 4. (Ann V.CIARKF. Stentirrtost.--This e.tse had excited a very biglt degree of exttectal ion, and crowded the Court at an early hour. Just ax itwas opened, hist-ordship ordered the ladies to withdraw. It %vacs special jury, Sir Charles Lorraine, Hart, foreman, Mr. Ifolt stated, that this was an action brought by 'num.. , Carr apiast the Rev. Robert Clei ke, to recover compettiation in damages fm the loss of his daughter's services. Mr. Scariest thus addressed the jury :—lt has fallen to my lot to address yon on behalf of the plaintiff, whose unfortu nate daughter has been seduced by the defendant. The ae• Sion is brought on the ground of loss of service. It is an action lung known to the law of England. It is the action of a master to recover compensation for the loss of service occa sioned by the seduction of his servant. If that in ester be also the father, as the service is endeared by that relation, so the loss is greatly aggravated, and the damages mast accord ingly be higher. 'lite seducer in this case, it gives me the greatest pain to mention, ie *clergyman, lecturer at tfexham, a man of very considerable fortune, and hut half a year a :widower when the transaction took place. He hal been married to a daughter of Mrs. Shelter, at Hexham, and had three children. He lived at Walwick, a few miles from Hexham. But lie often visited in Mrs. Shafto's house, and sometimes was there with his whole family for weeks. In Mrs. Shalto's family was the iinfoitimate daughter of the plaintiff. lam aware that a legal objection will be, upon this grumid, raised by my learned friend, who will contend that this action cannot be maintained, as the daughter did not actually serve her fattier at the time this transaction occurred. LI know that this action cannot be maintained by a fattier whose daisgliter, of mature age, is at service out of his lionse. I know , that it cannot be 'maintained, when a daughter, Mu- . der age, is serving without any special intention of returning soon to her rather's house. It ill in this case there are pectili -rarities which, I !wipe, will satisfy his .Lordship, and leave the t!ecision in your bands. The plaintiff is a master tiler. He lived till Martinmas, Inld, in Allendale town, in this comity.. He Lail allowed his daughter to servo Mrs. Shaft° for sumo time, but with the intention of having her soon back again hi his own limier , . Besides, being a poor 10:11I, he was assisted . hy pat t the wages winch she received for her service.— Gtrte at which lie removed to Bishop Auckland, he . wished te bring his daughter along with him, and was per %welled to leave her only till nest May. At that time shit' was in eirminotences which disabled her to serve him. The de fendant began his course of seiluotion by promise of marriage. 'Chose promises she did not believe, but often repeated that they did effect hoe sentiments mid her conibict. You can conceive, gentlemen, how the-nolinn declarations of a man edam plis.ntiffs age, fur lie is past 410, of a man of his prides. sion, the son.in-law of her mistress, anal at the very time in his minim r - itislew's house— you can conceive bow promises SO made could grastivelly gain the emisent, and excite the tomes of a simple and innocent girl. lie made those promises fic qaerit enough and strung enough fur his purposes, but avoided to enter lulu any covenant which could now sillijecl him to 111.ICli011 for breach of promise of marriage. Of this tutu know nothing bur what I know of him as the defendant in this cos..; and if I did, I should be sorry to glance at huh be yond the necessity of this case. After certain familiarities had taken place, he contrived to effect his object. How he ihil sn, I aO.rain from detailing to you ; I dare say my learn ed fi Mud will, in cross-examination, lay enough of this he- Core you. Site soon afterwards found herself in a sitnetiou which obliged her to write to the defendant ; out lie no longer regarded her or tier letters. It is consistent with oar knowledge. of human nature, and perhaps with the experience many of us must have 11411 with the world, that men, after a certain age, regard with loathing the victims of attempts ,whieh are aimed at their honour, and terminate in their ruin. She went to iier fathers home, Lut her father being poor, sad the parish officers inter firing to prevent a burden to the pariahs, (lie child was filiated, aid the defendant ii.consequence gave a bond to the elect at kat us securing the parish from any expense. ant to the parents no compensation has been You will, therm tore, Gentlemen, take into your eirmaidetation what sum in damages should be given to the father. Vi; ere Ito ask %lint would be an adequate compensation to the father for the se duction of his child, 1 siumild ask a most foolish and vain question. No injury ran 1w inflicted liven a matt more hitter andtasting, than the injury inflicted on a pat( / , 3' seduction of Ws daughter. The seduct.on of a Ville iS a most giiiebosis injury, )et it is qualified w ninn y l:l re mimes. lie loss of a wife subject to seduction c, tbe iiimc compaiiied with some alleviating consiirrations ; b u t the in: jury of a fattier by the seduction ut hie tinagaier, is altogether unmixed and unallaiiated. The object of „us affection, his THE NATIONAL REGISTER. care, his anxious solicitude, is deprived of all that is valuable. .n 4 rendered a disgrace and a burden instead of an ornament and ajoy. lam led to understand that the defendant is to attempt to destroy her character in order to diminish his own misconduct. if an attempt of this kind should be mat h , I Imps you will consider it an aggravation, and treat it ac eordingly. Nothing surely ran be a greater aggravation of the deepest injury which can le•intlicted upon a parent than to find the hoary and labourinus seducer attempting to prove the tinfortiniate girl'scharataer worildees before he made it so. I am aware that me teat net friend will net give me another opportunity of addressing you, and I therethre dwell the longer upon this sittijoct. 1 hope the case will go into your hands. 1 1 - „o will consider - that a girl previously blaineliew, be_ lured by her parent e and atfretionately contributing to their support, was sedneed and ruined under the cloak ofsanctits, wlcch has often, too often, been used to cover the worst of retires and this was done by a inan of considerable fortune. You will consider the injury to the realities of a paient, as well as the loss of service to the master. Indeed lam cook dent, f the clientele,' of the gentlemen whom I address, that they will view this cese as I view it, and consider it one of 11,u• meat aggravated cases of seductive that can be laid before a jury. Elizabeth Can was called into the box. and examined by Sergeant Hullock.—She is every simple, modest-looking, and rather interesting young woman. She said she was 18 years of age when she went to Airs. Shafto's house. That was in May, 1815. Her father went from A llandale,mwn to Bishop-Auckland at Martinmas, 1816. She knew the defendant. His wife had been dead half a year when she became acquainted wi t h hi m . H e li ve d ut Walwick Hall. He visited often at Ma.. Shalto's. He had three children, the youngest then about half a 'ear old. He often came to the house when tier mistress was from home. and stayed in the house making love to her. Between Martinmas and Christmas, 1816, be came with his whole family and stayed sonic days. He had with him his chilthen, two women servants and two men servants Being pressed to state some particular expressions he had used, ske said that he .had often declared that they (defendant anal witness) should never be happy till they were married. tine day whets sitting together she moved to go on hearing one of the servants coining; he said there was a day cunning when they would not be afraid who saw them. Before he hail mine with his family, he had always been twice in the weak at the house, often more frequently. I ler mistress was often from home a week or ten days. His visits were more frequent in her Aimee. She bad a male child born on the .2d of Septemlne, 1117. The first time that he had been too intimate with her was when he brought his family to her mistress's between Martinmasand Christmas, 1816. Her mother had been seeing her the day that they removed to Bishop-Auckland. It waiethen settled that she was to gut to her father's in May. and it was her intention to do so. During the time she had been there site let her father and mother have part of her wages. She had sent some name) , to her father anal given him some. It was part of her wages. She did not leave on the Ist of May. She had not given notice. She left on the Ist of June, and . because she was not able to serve longer. She wrote to the defendant the day before she left ; she got no answer. She was obliged to leave her father's house and to go back to lesbam by the parish officers. She finlike 6or 7 weeks with her aunt. She was delivered in Mary Nicol's, in 11C1112111. Dr. Jef ferson delivered her. She was cross-examined by Mr. Topping at great length, as to the names and characters of all the servants, particularly the men set vants in the house. It turned out, however, that the latter were married men, and had their wives in I lexham. All the minute cir cutnstsaces of her ruin were called forth,but they admitted not of de scription. It was in his bed room, when she had gone by her mis tress's order to light his fire, that the seduction was completed. The letter was all her own. None assisted her either in writing or dictat ing. She fairly and readi!y gave a simple negative to every question as to any other man using liberties with her. She had not gone front Bishop-Auckland to Benham in a post chaise. She knew Mr. Bates. The gentleman pointed out was he. He was a gentleman. But what iv his eniployimat r—lle is a farmer, I believe. Is he not a preachet too?-1 never heard him preach. Were you never in a post-chaise with him r —No, never, sir. She had 51. for the first year, and LI. for the second. She had given no notice of quitting. Thomas Paulson, butler to Mrs. Shafto, it a married man, has a wife and family in Ilexham. Ile by accident observed the defen dant and Elizabeth Carr in the dining-room together. 'rite shutters were on the outside; they had not been fastened back, update wind had driven them to: he went to open them, and observed the defendant having hold of her round the neck, and her hand in his other hand. Ile never mentioned this. Ile thought it improper, but apprehended nothing such as had happened. He raver knew ally thing incorrect in her conduct. On his cross-examination lie stated, that he was still in Mrs. Shafto's service, and lie hoped Mina confidence. lie hail not men tioned what lie saw till after the had consequences were known, as he never till then suspected any thing criminal. lie never in word, look, or gesture, wok any liberty with her, lie never kissed her in his life. I fere the plaintiffs rase v. as closed. 31r.Topping now objected that the action could not he maintained. Elisabeth Carr had been regularly in service with Mrs. Shaft° ; and whatever Mrs. Shaft° might do, her father could not pretend 10 have lost her services. lle cited severatcases in support of this objection. .lr. Baron Wool—l am of opinion that most undoubtedly this action cannot be legally maintained. The loss of service is indispen sable to it. In ibis ease, the daughter had served for two years. and was in fact entered upon the third year's service. tam sorry for it, but the action cannot be maintained. Mr. Searlett.—.l certainly cannot oppose the doctrine laid down by your Louis .Nonsuit. CROWN SIDE. Margaret smith, aged 43, was tried for the murder of her male bastard child on the 4th of June. Site lived with her father in a cottage at Carham. That she had been delivered of a child, was .proved; anti two surgoons gave it as their opinion that the child hairbeen alive at its birth, and h.ul collie to a violent designed death. Mr. Justice Bayley summel up :it a very great lergth, and will' a manifest anxiety to have the prisoner acquitted. The to iniony of the surgeons was but the inclination sif their judgment. When full evidence of guilt came before them, they would look it in the face, and however distressfully and reluctantly, t7icy would perform their duty. But if, where there was any doubt, they returned a vzrdict of guilty. it might embitter the last moments of their life.. Verdict— Not Guilty. Mr. Justice Bayley—You have given a very right vertliet i fti: I have very great doubts of the prisoner's guilt. Sae was immediately discharged. James Ilinilaugh and John itamlirough were then placed at the bar to receive Sellt..llCe of death. Bata, most widely different in age, trembled and cri.xl for mercy in the the-t piteous manner. His Lord s hip, with his tisititl solemnity. thoa 4 ,l(lre:se t t them:— you, .I,tmes liindautih , stand there, at the age of :al, to receive sentence of death. Prisoner—O. merry, my Lord Mercy. mercy, my I.oril I th ig e .—lla rot interrupt inv.—Toe Jure. who foot)." you guilty, and the rm.:Tutor whom you rolthel!, ,htron i Jy 1-i:commanded you to nr.rry, and yreir al he very greatly mitigated. Let that mitigation excite your gratitude. and coruirm your penitence. While you in secrecy and darkness pe . rforTcd She wicked act which has krought you into your priaient situation, you knew not that you len in the lock which you picked the Mean* of your conviction. You be lieved the picklock to be entire. yet the point which was then ltru'a‘u v &Wm! conviction ou ccerj mina. 1t wa. ilic voice of t • - •,•)t.) God warning you and all to beware of deeds of iniquity and darkties, , . Your friends are highly respeetable ; you supported yourself by your own honest industry. None could hold hi, head higher than yoa once could do. Mark your altered condition. Your friends arc bowed to the .earth with shame ; their hearts are harrowed up with pain for you. As to yourself, you limy yet recover almost what you hat e Init. It will require your utmost care and perseverance. Let it be seen by your future conduct, that you possess the feelings which are now supposed to fill your heart with penitence and gratitude. You, John 11 , tnibrough, are far advan,:ed in life, and stand with hoary hairs waiting it sentence of death. Prisoner.-011, my dear Lord, Mercy ! Mercy, mercy, my dc.ir Lord. Judge.-110 rot so interrupt n,c. The sertonce that is to be passed on you will not be carried into execution. Tt will be miu wiled so far as 1 can fa.' entitled to recommend its mitigation. Yen have a wife a nutneroth tumily. What an example you have been laying before them in your old age ! Make good use of tl , e indul gence that will be shown to you. Remember that t'ereis an eye that seeth in darkness. that has now exposed you before ni,n, and that will hereafter call yen to account foe all your deeds ! pent ; make your peace with God, and prove your sincerity ;by your future conduct ! The sentence of death was then pronounced. Both prisoners bowed, at it' insensibly. with the utmost rev: renal towards his Loroshif. The httsintas of this Court ind.A. POLICE. I;OW S'r; [ I•:[ I'. Tuesday Mr. Hato/Inn and his two sons, and the hired Irishmen. who forcibly took po:.stoision 'of Mr. Freenia ti'r. house on Glielsea.coinilion, and dbrew two children out of the window, tic. underwent anotli.r exatititi;:tion before Mr. Itirnie. Mr. Freeman the :andlord iticnded , with his bead tied up. He identified the prisoners, who were ordered le find bail, or be committed ice the charge. George Layton underwent.a .record examination, having been detected in robbing Holyland's cottee.house, in the Strand. He was fully committed for trial. William IVilks and Maria kis wife were charged with ut tering two forced one pound Hank diotes, one on Friday and the other on Sattirday.evening, to Mr. Valentine Sentancr, a grocer, in Clare street, in the pm els.t , e of cc yeral articles of grocery, well knowing theta to be forged. The prisoners were committed for trial. James liughes was brought Wont Sir Nathaniel Conant, upon the following charge made by Colonel Douglas, one of the Sub-coat. mittee of Drury-lane nainageinent :—The public will have been ap prised that great dilrarenee of opinion prevails between the Sub committee and a considerable majority of toe proprietors of this theatre; and they may remember also, that at a general meeting, on the 9.1011 July, it was resolved amongst other mattTrs, " that George Coleman, Esq. be appointed stoge manager without control; that the members now remaining in the Sub-committee (except Lord Yarmouth) were declared ~Ue, Iy dispuOti, (1; and that the theatre should not be .gain opened, until the claims of the ereditora were satisfactorily c.rrauged." Yet in the face of there proceeJings tine Sub-Committee have engagtd Mr. Stephen Kemble as their stage manager. and are in treaty with performers with a view to open the theatre at.the usual period. In consequence of this step, the Si v. Committee thought it right to guard the actors from making engage ments with the Sub-committee, which they arc persuaded cannot be valid ; therefore they caused a placard to he placed contiguous to the stage door of limy-lane theatre, containing the words of the ad vertisement which has been published in different papers. Whereupon Colonel Douglas " one of the Sub-committee who has not yet mittned," ordered the man into custody, and v, tau sena make good the charge of a libel. The Magistrate observed. he had carefully looked at the printed pupil. and he confessed he could discover nothing libellous in it; but he added, if he could have taken a mistaken view of the ease, he saw affixed to it the name of Mr. George Robins, and he knew enough of that gentleman to he assured he would never disavow any thing that had his name attached to it ; and he accordingly discharged the man immediately. An attempt was afterwards made by another member of the Sub .committee, to make it appear as a breach of the pea..e. Upon which - the worthy Magistrate observed, the managers committed the sat= sort of breach every day, by putting forth their own play bills. HATTON GARDEN. Elizabeth Meredith and Sarah Fletcher were enamined out the following charge: The former prisoner lived cook in t h e family of James Armitage, lirtinswick square; the servants were always allowed plenty of provisions; but it reaching their master and mistress's ears that they were kept rather on shot( allowance, suspicion telt uu the cook. Her master caused her to be watched, and by that means aseer. tained that it was her invariable practice every night, be— tween 9 and le o'clock, to hand a small hand-basket over the area-gate to the prisoner Fletcher. !n conacipience of this discovery, Mr. Armitage employed William !teat!, jun. to watch, whilst lie himself stood at one of the parlour-viindows in which there was no light. A little before 11l o'clock on Monday night, as; the poisoner Meredith was iu the act of handing a small basket, according to her usual cuslian, over . the area-gate to the prisoner Fletcher, the ottii i.r took the latter into custody, and too searching the basket it *vas found to contain a fresh lialf-quartern lust unent, the chief part of 's boiled leg of. mutton, au d •surue cold bulled votAtima. Mr. Armitage dill not %tisk to prosecute them criminally, but the Magistrates over-ruled every objection he Wilde, and imisttd on his pru•ecnting both, as an example to servaiitt..—nig, pi isinivra welt committed to Newkate for trial. Last week, at Durham, as the prisoners werarettrning to gaol, alter receiving their sentences, Juhu Pratt, a patine luau 7t years of age, (sentenced to transportation for 7 years,) suddenly threw off his handcuffs, and ran away from the cons tittles nt whose charge hothen was, near LI vet-hri dge. Although the alarm Wen instantly given, he ran through the market-place, which/MIS much crowded with people, and gut clear off. _ In Simla, one of the Orkney Island's, the JOnd bas berm 1 ttely ',town away to the ticui it of nearly Ytl feet, and has dis covered the remake of li;iilitiogs of vast aotitioily, enclosed by stone wallv nearly half a mile in extent t some of the hoissys Ric very tai ^e, and roofs ilstills dunes of a prodigious s . Tuere are e vat AI circular tumuli, eeth containing three gI*JVCS, finis cf iiich are • thait4 reel b inches long. There is cot the shghtest tI !lutist that can throw any light ou those very interesting and curious PCIIIIIIIII4 which have yet been very slightly Investigated. - - Tuesday morning the neighbourhood of Tookes-court. Cursitor— street, (7hanccry-buse, was thrown ituo great ilann by shrieks and cr i es from the house of a Mr. rheflasll, in *Yoko's-court.. This was upon thscovering that that glar.lawan, who is suited to bean attorney, had precipitated himself front the gariet window t hi. owu louse into tile back yard. this head stmt.+ against a ,woodeti rail. which completely operml his skull. and scattered his brains and blood about the place, causing his instant death. llis wife was, it secms. preparing to walk out with the deceit-ed. She went down stain to bring him a clean cravat, when he went up to the attic, and, to her surpnse, committed the rash act. He bait lett ) besides his wife s a family of lAA of tight el ildtcn. 1