The National Register. — London, England, 1823-04-21 00:00:00

Ldif" INFELLIGEXCE. COURT OF KING'S BENCH. WEDNESDAY, APRIL Mr. Justice !Wimp' sat this day to hear motions before the arrival of the other Judges. Soon after one o'clock, the Judges came into court and took their seats with the formalities usual on the first day of Term. ST. SISSY, NEWINGTON. The Solicitor General moved for a rule to skew cause why a ismadaniver should not dune directed to the governors and ventilat; of the poor of St. Mary, Newington, and commanding them to call a vestry for the purpose of nominating eight persons imollie.-rs of the poor fur the present year: also to elect twelve guardians albs poor, who are to go out of office. Solicitor General stated lint a vestry was lieldat Easter, for the election of pariah officers, but in consequence of dia. ;lutes and opposition, no election took place. The lime allowed by the Act of Elisabeth for the said elections having expired, the parish was left without officers unless the Court granted the mendawars. The Court granted • rule to skew cause. .4.1, ON TIRE DEMISE OP POPPLIMON AND OTHERS I. /c' stiortoy. Mr. Brougham moved to set aside the verdict in this case. on the ground that it was egainst evidence. It was an action of ejeettnent tried at the last assizes fur Yoik before Mr. /make BA) ley. Certain premises laud been demised by a lady mimed Mary Birilsaw to the defendant in fee. Au ejectment was broaght to try the validity of the demise. lEvidenee was 'Wed to prove the insanity of the testntria. A surgeon who had never seen Miss Birdsaw from 1811 to 1522, deposed that alio was insane. The will under which she demised the properly was made in 1821. During the years between 1511 and Iti22, the witness had never seen the testatrix, yet he swore from recollection that the lady WAS insane. Mr. Justice Bayley.—" It struck ma at the trial that it was a settee which might have been decided by arrangement between the parties." The Court granted a rule to thew cants.. TOW:AI/AY, APRIL 17. This case aros•• from us application made by Mr. Brougham in a former term svainist Mr. Carr, • solicitor in extensive axactice, sod. one of the ollizers of the Court uf Charmer,. on Jg a gets... Alan —.els and his eon, The Mikhail of Mr. Sandi stated, that his son, when 16 years of age was, received into Mr. Canes °Me •, on the terms that he should serve fur a year, and at the end of that time he articled for tire years without a premium. At the expiration of 14 m o uths, Mr. Carr professed his readiness to fulfil Ilk part of the engage aunt ; Mr. Steely% supplied money for the payment of the s t a mp duties, ami d articles were prepared, and eaecuted in the office of Mr. Carr. The applicants farther demised, that con fiding in the honour and integrity of Mr. Carr, and regarding him an laeir professional adviser on this oncasion, they drd not read over or inspect the articles which they executed ; but they hetieveid the engagement to he to Mr. Carr himself. To their astonishment they afterwards found that t articles were eseeuted to • Mr. Cole, for whom the young man performedoo species of service. lie had served three years iu Mr. Carr's office, and as the statute requires, before the admission of a eery claiming to be allowed to practice as an attorney, that lie should make affidavit of five years' boas fide service to the 'nester whom he is bound to serve, these three years of ultetid- I mice were entirely in vain. The Court theri, on the statement uf Counsel, granted s rule, calling on Mr. Carr to show cease why he should hot repay the money expended for stamps by Mr. Sandy', and to ans. sr the matters alleged against him. Mr. Scarlett now showed cause on behalf of Mr. Carr lie aid that Mr. Cur warimost willing to make a fair and liberal recompense for the unfortunate result to the putter man, ahliongli th e re WAS nothing io the whole tra nsaction which' could throw • stain on kis honour. Ile would article the young man to him self without expence, mid pay him • eatery, or take any other mouse which 'night be thought most conducive to his interests. Mr. Brougham expressed a wish that the imaa fide service in Mr. Carr's °dice could be taken as • portion of the time which Mr. Sandy's, jua. must serve previous to his admission. The Court intimated that they had no power of this kind, as the set imperatively required an affidavit of actual service under the articles to the proper master. It was finally agreed that the whole matter between the parties should be referred to Mr. P..rk. The Lord Chief Justice.—Now that this rule is disposed of Mink it right to say, that if, after this case has been thus before us, an attorney shah article a clerk to another, with the intention that the service shall be performed with himself, he will be deemed guilty of great dereliction of duty, aod will is. our the serious dirpleasuroof the Cent t. I'IIEROGA *I IV E couwr. ItuAKEsos W. CUMNINUHAI4.—.I..IIIIW3Sa guanine 116 to the atlitinstitility of three codicils as pail co. the will of the late John Robley, E.q a Wes,l India merchato, e 8 21• was estimated at 2U0,0001. who died iti tl'2l. at one of h i s estates in Midd'esel. It api.e:recl ttsm Mr. Robley w tile the three codicils iu gorsiion an t, cedent to the year 181:, and in ihein he made pool- Pions, oulepenttetilly ui the provisions for Ilia Mesa fill faintly, for set eral natural coildren, tor the seteral mo thers tvdn shorn lie turn culiabited,lur afs ninny other iiiratits nut recognized by toe law, as he 'night lirredier hate, aad appointtog Mr. the inistt e and gnartluan to them. 10 the last collet %%loch he made to his will, lie said, " 1 hereby colifoiti, as pact of iny will, lVte two codicil:, of the dates of 181 V and .8`23, without tnentionilitt the three codicils in citiesticii, winch wet*, antcectleot to those cuJieiis. it %els there:ore coofroded, Irons his t•pecityive, co particularly the lather illel3. , olittl that he only storinsouttl them as part of Ills ill, and that the three iii gthsticm, ikon% out ivavtoi been mentioned, were by implication rel.o;:t - O. Sir J. Nichnil, lets s,-titcnce, said, it .I,l,eareill that the three codieikw goestion hid hero mutitaly ex, voted and atteSttli. Nine, tp•lore suck littliollielits J 6 thew Inccould rooked by a Court of I. sty, witen trey it uul not two' expressly retoked by the testa:or, the aallwus rrs• consult. or tolruhuuto retOke 1111Ist be clearly made UM. the hiteo ono al the (e 1.101 time appeared no deuce to rove that lie meant to deput e his natural thililien to the pri.e.siini lie nestle for them, and the do. convents nowt theielore be considered and remain Tile di cision esiablt,hes the right of his noose sssss s West India wises and ehlldren to very large anumbes, od of his slaves to a 1 res tit ul lOU hod,sheads of tobacco, PALACE WURT, FRIDAY, APRIL 13. NUDISM V. J 10111/}AKINS, t,SQ 1..11141C1. aCiloti to recuetr the sum 01231. 4s. 10dffyits:reshaviits urnished by order • . I • • _•._ THE NATIONAL REGISTER of the defendant to the burgesses of Berwick, at the White Bear public house. The learned counsel then shortly awed the facts:lS afterwards detailed in evidence. George Dodd.—l know Mr. Parkins—l became ac (planned with him on the 10th—1 was at Mr. Itughes's amuse. Mr. Parkins was there and several of his t hoods. There were reireahmenis toil the OCCASIMI. My brother 1)111..1.e:1.s dud me tne lithium of decline me chairman. Tut. refreshments were supplied by Mr. Paiktits's order. Subsegut 'illy I said to Mr. Pao killa, " will you do me the I °aunt ro take some wine said " No, as it was g uerilly ba.l at such hotoes."—l replied " It was remarkably good." lie then said, " Never mind that —these penpie mast have some refreshment."—The mint was nearly full of burgesses. lie also said to me, " the landlord to gise the company whatever they reggae." lit 1111 l ethately called the landlord to me, and said to him, it is Mr. Parkins's pleasure that you give the company refreshment. Mr. Parkins was oil my left at the hone j the landlord in reply said," Sir, I thank you." 'fete landlord then covered tile table with refresh ments; Mr. Parkins participated; he retti lined with me and V.e lattrgeasea till it ill-past one. I think it coin latticed at hail-past tell al 1115111-•-1 hell many bitrgesses behind ine—dtort!og 111.• tine we had a private conversa tion, nothing was ordered-1 saw Mr. Parkins the next day, and wrote on a Mt of paper, " Du you wish the barge-sea to be entertain. das they were last night t"— Il.s answer was, " 1 trink not generally so, but use you discretion."—l went in consequence forthwith to the landlord, and repeated what :Mr. Parkins had said, and also commornicaord it to the c lice. There were name reireatiments 'ordered. We haul several meet ings alit rwards. 'Fuse ilVer.l4l: MIA/Cr of persons present uo tiiesa oceaw.ins Seas ICII or hareem. Other u anew* were examined. Mr. Scout, an attorney, Mira accompanied theilcren dant stated, that he attempted to gut( the honse imam a gentleman united Holinea having proposed ti f f Gorge ld erSOll. 1)1,11% rreni 1.... 6.- G. • 4.4%1116 i trOttliSed to pay any:thug. Holmes was examined, but he nerdy stated that , for tile purpose ;origin:Aug alr kleOrg,e.••-• 1)011% know whether Sir George attended personalty. Mr. Thessiger, lor the defendant, addressed the court and jury lie said, tills was a combination against the defendant by the burgesses, who tinteavonsed to make a dupe of 1 on oilier to .et up mop:minim against the in terest of tile Ma Bois of IVaterfm(l, and Sir Joan Beres ford, by which meaty their votes would become doubly 'valuable; and of course their interest was to make the most of them. and he trusted time jury would chew their good *ease by men finding a verdict sort • The Clialf MAD 1111111111 ed 1114 and the Jury found a verdict fur the plaints—Dainagea 151. 2s. bd. --- OLD BAILEY SESSIONS. WSDNESIDAY, APRIL 16.—Willialu Trapp, a respect able took,m,, young matt, was capitally indicted lot having cuittinitteil an assault upon Charlotte Rooks, and manning distill woUtl , is, watt Intent to murder or to do I sonic v.flrVulli bodily thitil6. .1 he prosecumx was housekeeper to Mr. Borne; the vestry couk of Poplar, where tile assault was co 11111 l itted, and toe wounds [Mimed with a hatchet, which 'intro , unlit lie WaS Sten 10'lltroW away, lie being apprehended on me sloth. The prusecutrix (Mrs Rooks) gave evidence to the facts. Daniel Talbot, a letter carrier, passed the house of Mr. !tome, ou Use day 111 question, on a stav,e, and saw a nuinuer of people collected before the (bur, and heard the cry of " Murder!" Ile alighted and burst ripe', the door, and Mood the prusecutra with blood streaming fruits her head, the prisoner grasping her in the iht66,igt . , as if endeasn iiiiii to present tier making egress. %1 nets said 6uut to 115151, " You rascal, what are y,,ti about( t"— The telly was, that one (proseciltrix) (tail ill-treated him. Sescral persons came to Witt,',s ussialaUCC, anti secured tile prisoner, and delivered Mtn over to an officer. Several witnesses confirmed the statement as to the apprehension of the prisoner. Mr. G. 'Wry, a fAlfgeoll, described the nature of the wounds, one in which had divided an artery oh the tem ple, and occasioned a great flow of blood. The prisoner made no defence. JOllll Trapp, a gentleman of respectable appearance, the lather of the prisoner, described I • as a peib./11 who had received a Itberai education, had been usher to a school, and was remarkable for welt:won, being coml• totally wrapped In study. :shoot two years ago he T inted his scholastic employ, In consequence of the rupture of a bltanl resael,a nee Which lie had been learn mg the hostiles!, td a tad ' s shocwaker, an d his had been vets' lt altered, acid et timed temporary ile• rangcnient by his ACLIWIS, witch Ile lieSClliledi llr said lie trona bps whiney of a mild, placid, and humane disposition. M iy T rapp, sister to the prisoner, deposed to various IllSlaliCeS of 'Odd alio insant conduct on ins part. l tie lteciiider sUlllilled tip with sir ict pArthilliy, and the Jury, tiller as Alliellee tit neatly an hour, returned a verd.et of Guilty-I)eatii. Mr. Alley said, that he was desired on the part of the v i.,:cutr.% to state, that She Most 11111Cerely 1016.1%e 111.11 tor the iojories he had Inflicted upon her, and begged must earitestly to feel11111114:11.1 111111 10 Mercy. In (till re ' udiUnuWe Jury pilled, whom:, as the ground 1111011 which they gave it, toe prt:IIOLIS 600t1 character write by the prisoner. The Recorder—Tne recoinnientlation made by the tprosectitux is exactly what I should have expected from a person who gave her evidence in the mild and humane manner in which she did. The fee iiiiiiii einlatani, wain SOWS, plint.4lllll of the jury, shall be forwarded 10 hi. Mojesiy with all time force which 1 can AI se 111 it; but it „tuy . duty to ÜbIeTWIP. 1 . 11.“ a imih - eaggrarated case has note iiiii cliviore the Can ‘Or a sery lung lime. and would mint earnestly recchninend the prisuuer to make the best use of his tithe: It (triunes f ,as he tallies his eteirtlal welfare, to prepare for the worst happen. The prisoner was then removed. 'l'hussoae, Aram 17.—Ellis Needham, a respect able looking man, aged as. %edn indicted for forging - utt:ring as title, a bill id exchange for 601. purportir bear the acceptance of Jeremiah Stauslord, with it to cheat and defraud John Kinnear. The principal witnesses to 1 -rote the case were , Kinnear (tile prosecutor), and 21114111 named Friss T his clerk. Kinnear, in cross examination, said lie was the persou convicted with Nlaselev, Woolfe,.atid others, of a mer cantile conspiracy, and was settleticed 10 le lts imprisonment. The prisoner gave him a character up that trial. The prisoner had awe business with and him to the autumn of " many. many thomand pouts , as an agebt. Friar Todd, on cross ex 'initiation, raid he had ki Kinnear lour months, and first saw hilts Norfolk-sit lie Afterwards said he became act:planned with I ' I years ago in Curzon-street. Ile was repeatedly adi nished by the It-corder to take ere of what he was about. Toe prisoner read his defence from a piper, in which he declared litinwlf to have hero the dupe of designing men, and said the tirosecittitsit was instituted only fur the purpose of extorting motley from his friends. The Recorder slit ll ll eil tip the evidence, and the Jury immediately returned a verdict of not guilty. The prisoner was arraigited 'spoil tile remaining in dictments profaners, and acquitted. WADDINGTON THE RADICAL. FRIDAY, APRIL IN —Samuel %V,,dilington, of bill sticking notoriety, was indicted for an assault anal rape out Anne Thomas, Oil the 17th of February last, in the Hattie of Correction, Coldhath.lielda. The prisoner ap'a ared at the bay respectably attired in • a blue coat and v , ';',•.tt i . waistcoat, and' his hair combett back with particular precision. `l . he prosecutrix was a child of diminutive star, Anil of prepussessitag appear ance, feSibee•ality Attired. Nlr.Pleitileraast staled the ilisgtsstrag detail of the facts he was ;Moot to prove m the J say. the particulars of which we are precluded detailitia. Ti!e. child IS the daughter of a person who was a kind friend to the tot loner; and sent her with tier sister with a daily meal—. lie requested a few da i s hehlre the assault was COM 1111 l . led that ;hey (the two children) would come separate — this plan was adopted, and he ell.eveil the purpose tor which he was ott his nial, and he afterwards 11.re:stetted Lt kill her if she told any our; and if she told her fa ttier and mother they would beat her severely. The prosecutrix was examiner, with strict Sc 'sty by the Recorder—She went to a Sunday ~:haul, read the Bible, knew the 9th analinent, and expected to go to hell if the accused the prisoner w (dully. Site deposed that site had been in the hunt of going 10 the Moose 01 Curt returns, C01416.1111-fields, With 1111/11ey COI. lected from a club in Charter House Lute, amid also With dinners; remembered that on a Monday in Fe bruary he said he would send a " Valentine' to her fattier, tat lel her and her ester cone separate, as the turnkeys thought it too much trouble to let theist in botti together. 'foe next day witness went its alone, and her plater i.t the SatUr time taking her lather's dinner to a carpenter's shop, where he winked. Tate little girl pro. erected with her evidence, Willell is of course unlit for publicatirm. A medical man was afterwards examitied, f whose evidence IL al k peured, out the capital charge could slut be supported. The Recorder here stopped the case, and directed the Jst ry 11l acquit the iniamier. I lie I,nsourr Men bowtil and ithdrew. The "Irmecutor WAS rt minded that he was hound iu a rcciinizauct to inoscetite the iirilmser for Ilse Jaaalllt, kVittl itiktil to commit a Wilt'. as mom) as liis tel of twin's° ttttt 111 lite ihmse of C,itrrclion lalOUtti raltise. • MUJI)LESEX NE7SSIONS. EXTRAORDIWWIIT 'ovum ferrule of pre possessing appearance, named I‘l4lll cut Blake, was eliarapl vs nli unlawfully obtaining milder false pretene.s the 1 of g 1.4.. from the .d parishes of Si. An drew, lioluorn, above liars, and St. Otorge the Mart)r. It appeared that, in the year 1819, the prisoner was delivered in the workhouse of St Andrew, Holborn, and St. George the Nlartyr, of an illegitimate. child, and the hither of the child gave security to the parish to allow her 4s. a week for its blirport. About a twelvemonth after the child had heel' born it died, and the prisoner continued tip to March last to apply tor and receive the peristim tor its support, tretpiently producing a child, JNIIIC 11 she sialCii to be hers; not, in ponit or r4O, she • bad Isamu ed this child for the purpose of extorting the money Irons the parish. On every occasion stir stated that Itie child was afire, and at norse. The fraud nay. tug been discovered, toe pariah had itistituted thew pro ceednixs sgaiiist the prisoner, in order to repaces such lIIIJ iiiii SCI. %V lows's.: ►.ere criled, who looked the bets. The CtiJirtnaii su 11111 l ed up, and the Jill found the prisoner twiny. The Coott sentenced her to three mouths' imptisou (pent in the Home of Correction. CAUTION TO CAIITEMI.--thi Fiitlay the drivers or four carts were eli aged at the piddle office, Hatton• woden, by a toll erillvetet, with ri tug hi and tin the stialts of their catts,o , i the road leading Irmo Kohl tit I ,Intooli, they hating no reigns 111 their horses, not persons on foot tu guide them. It appears that, by toe new turnpike act, ail toll collector seeing and sullernig any cart, dray, or waggon, to pass under such circuio staocts, %% Montt his sissita hiliontaliote within set eat dabs, renders himself liable to a penalty of 61. Tile pteseiit titJrge was laid by the Calif plat pant tinder this conspisloise set. lie said lie dal not do it for the f l a ke of the reward, and believed they •ratt:.ors.eil through lg. norance. lie hoped the slightest twoaliy until( be in. fi.ctetb, and i ttpected that would be a can soil to others. ikisvy were each, consisted io the km tit ini..ftes. ~~ .- ~ 1y 7 , 127 ;1 , that can respect. gilog and sorting to th introit V etc John lAN Tollti. le ptTioll of a otter- t -t I IIS :ter upon , and lot pounds," d known lk.street. hint four r t .; ly adono. _ • - '