The National Register. — London, England, 1821-07-08 00:00:00

214 L Ali REPORT. COURT OF KING'S BENCH. MONDAY, JULY 2• TUB KING v. W. ELOYEE. ESQ. The Court pronounced judgment upon the defendant, who was convicted ot: publishing multi libels in the it hjirld Alt - rcury, of anti concerning Sir Robert Peel, B.n. The ilbelioOS Waller was contained in a aeries of teas, bearing dates the sth and 19th November, and 9111 December, 1819, the inducement for writing wit co arose out of certain electioneering transactions iti the noitnialt of Tatuworth, Mr. %Villains addressed the Court at considerable len,th, in nniibation ()I' ttttt intment. Air. Justice ,Bayley, alter some deliberation, pro- nn ;tired the sentence of the Court, which was as tol kw. :—Titat the defendant be imprisoned three calett .!,i) months in the King's Bench Prison, and pay a fine t 1,0001. and afterwards give security for five years, if in '.:,0001. and two others in 1.0001. each. WEDNESDAY, JULY 4. sNOMINATION oa SPECIAL JURORS. THE RING P. DOLBY. Mr. Scutt tt applted to the court iu this case for a role to ?du w cause why the nomination of forty-eight special j.irois for the trial of this indictment should no: be set ...ale, :mil why the Sheriff should WM return all the pra t (or making the same nomination into court.— The learned counsel a oved this upon an affidavit of facts, and the presumption that persons were nominated n Ito could not sit iota the said jury. Ile applied on behalf of the Sheriff, and hit object was to get the opinion of the court on the validity of the proceeding.— The motion was I led on the 3tl of Geo. 11. cap. 26, which provides, for the purpose of preventittg abuses in summoning juries, that no person snail be returned by the Sheriff or s ttttt uso tt itt st.ollicer to serve as juror, who has previously served within the space of one year in the county of Middlesex, four , eats in Yorkshire, and two ears w other counties. l'he Sheriff rewriting such person is liable to a penety of 51. The 4th of Geo. 11. cap. 7, on which Mr. Scarlett chiefly relied, also pro vi,:es that tio person shall be returned to serve us juror on any issue who has been returned within the space of two terms preceding. The Sheriff was prohibited from rc.t..rnitig any pursoti to serve as juryman who had been renunrd within the two precethog terms in Middlesex; if he could shuts , the court that any or the jut./ viiiitittatcd had been Nall Hell contrary to the spirit of the abuse acts of parliament, the a•nole nomination vvoti!:l he sold. "Al r. Justice 13..yley.—Oile of the acts provides that th, tincrio shall nut 11:111r11 tunic 111411 48, nor less than :27, and slurs not that ttloc to jurors in the coin -11.01. p Hind ? Ali. Seat lett adinitted that some doubt Was entertained whether itie l oot isiuus oldie a ci applied If, special juries. lie had eon,tilled the ina.ter of the crown office, and oflictr d:ii nut cou,ider the objeciloo applicable to cial jut let., he therefore only asked fur a rule to spew Air. Justice atyley.—ll the acts applied to spc•cial j , ;(lt lIIIC ul the cms, goetices would be, that iu York , lure yuu would Out have the 111011 on two juries in thau four )ears; but how soon %%mild you exhaust ti,e juries 111 LOIlt:011. C:liet . JOSlice.—ls there any provision which says the !•••.crdi shall disiii.ewsit in the list of irecho:ders, those have Sellt'ti uninu the last two yt ars. 2:r. Scarlet t lead the acts, hut found nothing to con % tile court t!:at t!;.: holitit4rtiuA wade in this case s contrary u. law, acid consequ, tidy they refused the •, atol Al r. Searlett took nothing h, his motion. The court proceeded during uearly the whole of the %s nit new trials, none of which afforded any pant ( 'liar interest. THURSDAY, JULY 5. THE DUCHIES OP CUMIIERLAND. 111 r. &Arlen raid, he had to make an application to the coon of rather an extraordinary sour. It proceeded from a lady of high rank, who claimed to be the legiti mate daughter ol the late Duke of Cumberland, the Irother ol his late Majesty George 111. Toe applicalion hr should make was, that the lady ()in ia claiming to be Duchess ol Cumberland, may be dis charged trusts special bail, and exoneration returned on bail boat!. 'rite lady was plivilege as a member of the Royal Family, which especially protected her against arrest in civil causes. All. Justice Bayley then asked if the peron was in ciistody. Alt. Scarlett said she was not, bail having been prt.vided. Mr. Justice Bayley said, a person could not be dis cbarged on a claim of privilege, iiiiL•ss the party cattle before baif was perfected ; and Mr. Searlett 111 this in stance was too late. The application was refused. The coot' heard argil iiit ills lot new trials. COURT OF COMMON PLEAS, IHURSUAY. JULY 5. 'Oh ES •\O 11110711EKS V. • LI.CN. This was an ❑ctiuu for hrcacii ul Cull I NCI. Sergeant 'Faddy stated the cast:. He said the plain lids were extensive provision nitichants ; the defendant was a cheesemonger, and had purchased hum the plain tiffs a considerable quantity of bacon, having first in spected the quality ; hut, aler he had the contract I I days its his possession, he thought proper to return it, :AM to reluse taking the bacon he had purchased; and to recoser its amount the present action was brouglu.— A clerk of the plaintiffs proved 111.0 lie attended on the bah of March with the ticks dtasit's soil, to take the a verage weight of the beano—that she first lot of 2110 biles was ateraged without any obit coon ; but as soon as they commenced averaging tile second lot, the defen d., lleS scan said A w•as sainted, and refused to proceed.— The va:iie of the bacon was proved to be 24041. 9i. ; sw•as al.as proved that it stil: lay at the wharf. st ited tile defence, and contended that tae contract was cwt [studios. inasmuch as it la lia{i THE NATIONAL REGIOTER not been signed by both parties, and there had not been any delivery of goods sold; for although an order to the wharfiwor to deliver the bacon to the defendant had been proved, ye.) it was clear the requisites for the deli very were not performed by the plaintiff. ' The Chief Justice charged the Jury, that although tha contract, as delivered to the defendant, was not legally binding on the parties, inasmuch as it was not signed by both the contracting parties; yet the subsequent acknow ledgment of the contract, b y the note written by the defendant's son awl agent cared that defect, and made it a v.,lid contract. The Jury, without any hesitation, found a verdict for the plaintiffs for the full amount claimed-20491. gs. YRIDAY, JOLY b. DSELZY V. HODSON. This was a motion for a new trial. The plaintiff brought his action to recover damages sustained by a negligent improvident sale of his property by the defen dant. It appeared that he had made a number of va luable copper plates, liable to be sold in the event of not paying a debt, for which he gave a warrant of attorney. The property was sold under legal authority, but the plaintiff complained that a fair notice of the quality of the plates had not been given in the advertisement of sale ; and the consequence was, that few persons attended to bid, who had any knowledge of the art. The plates sunk under the hammer at a price considerably under the fair value.—The Jury gave a verdict for the plaintiff with damages, which were far front being satisfactory. It was contended that justice had not been dune to the untortunaie plaintiff; and the Court granted a rule for a a new trial. _ The Chief Justice, on his return from the council heard a few motions, :Ind the court rose before four o'clock. REPEAL OF HORSE DUTIES. To Coach Proprietors, Innkeepers, Posting Mask's, Trades. men, Travellers, Higlers; in short, to all descriptions of Persons keeping Horses, the PROPRIETORS of Laud only excepted. GENTLEMEN, Although Horses denominated Agricultural Horses have always been subject to a lower tax than any other kind of horses, although not only theta: on a single agricultural hate is 41. less than the tax on a single :task horse, but the agricultural horses are exempt also from the progressive increase of taxation to which other horses are liable . • yet, gentlemen, you see the tax on those horses subject to the-lo wer duty repealed, whilst not one word is said respecting those horses which for many years have been subject to an unproportionable charge of duty, It was said by one of the M.emberS, that the tax on agr icultural horses was a tax on industry, those horses being implements of the farmer; good, I should be happy to meet him on this ground, for the argument is much stronger in favour of trade horses. Gentlemen, all your horses are implements in your respective businesses, and the unequal tax you have been so long paying, is a reason why the tax on trade horses should have been repealed in preference to the tax on agricultural horses. Horses used in any &ranch of trade, or by professional men, are most certainly implements; and a tax on them is undoubtedly a tax on industry ; but a WIC on agricultural horses, or servants, if taxed, (as they ought to be, as well as servants in trade) is nothing more nor less than a charge on the land; hence the removal of it; it is a boon to those very men who repealed it; it is half a million taken front the Treasury, and will, as soon as new lettings, and rent regulation days will permit, be added to the rental of the landau ETORR, and will not increase the income of the renter; and further, if at a future day it be found that the half million now repealed cannot be spared, it would not surprise me if Mr. Curwen should propose some other tax, from which the LAND must be exempted. It teally seems as if the proprietors of the soil were to be specially protected beyond all other persons. In time of war their rentals increase most enormously—in peace those overgrows rentals are, if possible, to be kept up by means either direct or indirect; if a Corn Bill direct will not operate to their wishes, then the agricultural taxes must be repealed ; no tax on servants hors they paid, no tax on horses are they to pay. A Bill ceelkd a Corn Average Bill is now SILENTLY passing, which in its effect (and no doubt in its intention) is to raise the restriction price eight shillings per quarter. Mr. Robinson said that it was understood in 1815 how the averages were to be taken, or the Corn Bill would have passed with a restriction price of seventy two shillings instead of eighty shillings, for that the mode of taking the averages would re make tee , diffence. If, therefore, the - Bill of 1416 is to stand at 80s. (equal in 1821 to ltusl and the averages be altered, this must on the same prineis pie make the {present Bill as 88.3. Bill of the currency of 1815, or a 1345. Bill of the currency of 1841. How is all dm? Why, the landowners are the legislators. Will the tenants thank their landlords for this? No—A fanner said the other day, that sow he was too old t o be caught by the sound of aCorn Bill or the repeal of the Agricultural Taxes.saat one time his tent was not abated became his 14 per cent. Property Tax was repealed, so that instead of his being relieved by its repeal, the LANDLORD was bunetitted to the lull amount of 174 per cent. being his own and his tenant's tax, effecting thereby onuther rise of 174 per cent on his rent. At another time the Corn Bill prevented his rent being lowered, and now he supposes the repeal of the Agricultural Horse Tax and the Corn Average Bill will be the plea. Tl.e fact is, that whatever be the price of the farmer's produce, or the amount of his tuxes, the landlord a ill take care that the tenant's situation shall be precisely the sante. Seeing that the wealthy landowners arc thus shifting the public heathens from themselves to the middling and lower classes, 1 would re:aura:tend the inhabitants of every place within the extensive circulation of this valuable Paper, to prepare Petitions without debt!), setting forth the real state of thecae:, and jiraying an equal share in the protection to be at any time granted by the legislature; and now to repeal the tax on all horses, except hunters, racer.., and horses kept entirely for pleasure. 1 um, Gentlemen. Your must obedient humble servant, Chelknhatn, Jaw 30, 1821. SCRU'I'ATOR. Ct* To oblige a Cot respondent, we insert the above letter, but we owe it to outset's to add, that we consider many of his argu• talents to be founded in fallacy, and tluit 'aurally we dissent limn his opinions on the subject.--Ea. A few evenings ago a house in Church -street, St. Ann's parish, Soho, was attempted to be broken open in the evening, by some well dressed thieves, belonging to a gang of burglars who infest that parish, who mode a second attack at five o'clock in the morning, after the watchmen were off, but were disturbed by some persons going to work. In an adjoining street, one night last week, seven or eight bays, who were pretending to play, nearly broke into a house, but the I.imily were ahumed. and the young villains escaped, leaving behind them an iron cow, with which they nearly furoed open the duJr. THE LATE NAPOLEON BUONAPARTE. Buonaparte was born on the 15th of Aug►- 1769, at Ajaccio, in the Island of Corsica. He was the eldest son of Carlo Buonaparte, a lawyer, of Italian extraction, by his wife, Letitia Ransolini. Gen. Paoli was his godfather, and General Marbatuf his early patron. In 1802 he was appointed Consul for life; but his ambition aspired to the throne, and in 1804 he assumed the title of the Emperor of the French, and was crowned by the Pope. After a long course of victory, Napoleon expe rienced his first reverse in Spain, from the brilliant courage of the British army ; and soon afterwards the fatal campaign in Russia put an end to his power, and he was compelled to abdicate the French throne in the year 1814, His abdication was followed by banishment to the island of Elba, where every attention and splendour consistent with security was provided ; Napoleon left Elba on the 26th of February, 1815, at night, on board a brig with a few hundred of his followers, and landed on the Ist of March, at five in the after noon, in the gulf of Juan: being well received he proceed onwards, entered Paris triumphantly on the 20th, and immediately resumed the reins of govern ment. The King had sent an army to oppose hint, headed by Marshal Ney, who joined Napoleon, The succe.s of Buonaparte did not however long remain without v severe cheek. The fortified line of the Netherlands towards France, which was oc cupied by strong garrisons. chiefly in British pay, were greatly reinforced under the Duke of NVel. lington, and a Prua.ian army under Prince Blucher. To oppose this force, Napoleon left Paris on the 12th of June, 1815, and gained several advantages till the 18th, when he was totally defeated near Waterloo, and fled back to Paris, where he declared his political life to be terminated, and withdrew himself in privacy. The conquering armies entered Paris on the Sd of July, and on the Bth Louis re entered the capital, followed by the allied sovereigns. Napoleon reached Rochfort, where he endeavoured to escape by sea, but finding it in vain, he surren dered himself to a British man of war, which sailed immediately for England, and soon anchored in Torbay. He there remained on board until another ship was prepared for his reception, which carried him to St. Helena, the destined place of his exile snd death. MURDER BY SOLDIERS. On the Jury returning a verdict of " Wilful Murder" against the soldiers engaged in the riot and attack upon William Cogle, since dead of his wounds, that they (the Jury) requested Mr. Gell, the coroner, to address a letter to his Royal Highness the Duke of York, representing to him the conduct of the foot guards, on the two last an niversaries of the battle of Waterloo, and request ing that some steps might be taken to prevent the like occurrence in future. Mr. Gell accordiegly addressed a letter to Sir Herbert Taylor, the mili tary secretary to his Royal Highnessthe Duke of York, to which he has received the following most gracious answer:— " Horse Guards, June 29, Mi. " Sir—l have had the honour of laying before the Commander in Chief your letter of the 21th instant, and I ant directed to convey to you his Royal Highness's thanks for the terms in which you have communicated to hint the sentiments of the .Jury who were summated to inquire into the cause of the death of W. Cogle, and who returned a verdict of " Wilful Murder" against 111•Carthy and four privates of the guards, and ether soldiers unknown. " His Royal Highness requests that you will assure the Jury that he is sensible that they have conscientiously and torrecny discharged a painful duty, of which no person can lament the necessity more sincerely than lie dots, and that lie is obliged to them for calling his attention to the circumstance. " His Royal Iligline-s has ever felt must anxious to chtck any excesses committed by the soldiers, and to enforce orderly and peaceable conduct in their inteicourse with all classes of his Majesty's subjects. He deeply regrets the melancholy effects of their disorderly proceedings upon the anniversary of a day so honourable to his Majesty's arms ; and he trusts that you and the jury will give him credit for it sincere disposition to use his best endeavours to prevent a recurrence of such excesses in future. He does not wish to offer any excuse for them on this occasion; but he cannot help observing, that the mischief may in great part be ascribed to the fortuitous circumstance of two bat talions of the foot-guards, which had fought at Waterloo, being at the period of the two last anniversaries distributed in quarters, and not placed in barracks, where they would have been snore within the reach of due and close controul. " I have the honour to be, &c. " IL TAYLOR. " T. H. Gell, Esq. Coroner, &c." In future, it is understuoti that on the nnnivcrssury of the battle of Waterloo the soldiers will he re strained, in a commemoration of the memorable day to barracks, or under the immediate observation of officers apointed for the purpos.: On Monday se'nnight a favourite b 1 mare, the property of Mr. Humphreys, of Coed, Carina! - tlicnsiiire, foaled four colts ; and what makes this instance of profusion in nature more extraordinary, they were tall cl a brilliant jct black, the dam being a bright bay.