The National Register. — London, England, 1809-11-12 00:00:00

NOV. 12. THE NATIONAL REGISTER, Lord en orougof e c rcuinstance th ePl ain tiffs' * __ -. • • • , - in suring the goods liioked Mitre like hiti than sale, and I made that observation to the Jury. Mr. Serjettnt Rest continued : the jewels were insured in the name of Clarke, and the furniture in that of Farquhar. The Learned Serieant concluded with hoping that the Court would grant hint the rule upon any terms. Lord Ellesaborough was afraid of violating the rules of the Court, where a party had full opportunity to prove at his trial what was now stated by affidavits. At the same time, circum stances were now adduced which fixed Mrs. Clarke with the Plaintiff iu a connection more, from the beginning to the end of the husiuess, than appeared ut' the time of the trial, and it might, therefore, be as well to grant the rule nisi.—Rule granted. COURT OF COMMON PLEAS. fIN TEE CASE OP THE EARL. OF LEICESTER V. WALTER AND OTHERS, PROPRIETORS OF THE MORNING HERALD. Mr. Serjeant Manley, on the part of the Defendants, moved for a rule to slew cause why the verdict in this case should not be set aside, and a new trial granted. The Learned Serjeant observed, that the verdict against his clients was for one thou sand pounds-11 verdict, which, he believed, under all the cir cumstances of the case, and the evidence adduced, was totally without precedent. Never was so strong a case of justification adduced by any Defendant; nor could he conceive how it was possible fora Jury of rational men upon their oaths to find such verdict fur the Noble Plaintiff; fur although they might con sider themselves bound to find a verdict against his Client, one shilling was the utmost that could have been expected at their hands. From the evidence of his Lordship's own Soli citor, and the testimony given by several persons who well knew the Noble Lord, it was impossible his character could have been injured by the paragraph on VI , bleb the action was founded ; for the Solicitor acknowledged, upon repeated interrogation, that it was the general report of his Lordship's character which induced him to believe the paragraph in question alluded to Lord Leicester. Sir James Massfiekl admitted the force of the arguments urged by the Learned Sedeant, and said, that from what he recollected of the circumstances of the trial, no inconsiderable degree of surprise had been excited in the Court, at the high quantum of damages awarded by the .1 ury. In his own opinion, it was scarcely possible any case could have been more palpably rebutted; and if he might venture to suggest a line of conduct for the Noble Lord and his friends, he should think the wiser course for them to take would be to avoid, if possible, any fur ther exposure of this case in a public Court, and to remit the damages; for he should extremely regret the necessity imposed on him, in case of a new trial, of recapitulating the evidence in the case. Mr. Serjeant Manley urged a further ground for his motion, of which he was not aware at the time of trial, or he should have then taken notice of it ; namely, that one of the Jury was sworn by a wrong name. He meant no imputation on either the Juryman, or the Officer of the Court; but the fact of itself was sufficient ground for a new trial. Mr. Justice Lawrence observed, that his Learned Brother was mistaken. Indeed, such objections were sometimes allowed in crimi►►al cases, but in none other. Mr. Serjeant Best said, if there was a new trial, he should entertain no doubt of obtaining for his Noble Client a verdict for 20,0001. Sir James Mansfield said he recollected the evidence for the Plaintiff. and especially that of Mr. Mills, his Attorney, who had fenced a good ; but at last admitted, that the prevalent reports of his Lo►rl;ltip's character induced him to believe the paragraph alluded to his Lordship. Under such circumstances, he could not see what damages the character of the Noble Lord could sustain. "He should be extremely glad however to hear no more of the matter ; but lest his advice should be rejected, lie should grant the rule.- OLD 13✓11LEY. Anne Bolton, agirl of 14 years old, was indicted for steal lug half a bushel of bailey, the property of William Batt, farmer, in the parish of West Drayton on the 7th of Sepietn ber. The prisoner, as it appeared from evidence, hail been with a number of - other persons gleaning in the prosecutor's fields, and he saw her stop at a cock of the gathered barley, break oaf n number of ears from the straw, and put them into may •••••••• ...41111.11111111011. •••••••• OW , -* N0..~ a, ► • .. 4,010_ • .Ni 4- op 0ce.404.4 • , herap - ron7Teelirteeltlid himself for about a quarter o? - an . finni: behind a hedge watching her, and when her apron was nearly full, he came .forward and seized her. The, Jury . found . It)ie prisoner Guilty. The Recorder then lectured the poor ghit upon the criminality of her offence; but in consideration of her imprisonment since the 7th of September,. he mitigated her punishment to a fine of, one shilling s and ordered her to be dis.» charged. The father of the girl, who is a poor labouring man most feelingly expressed his gratitude to the Couri s and conduct ed his child from the bar, overwhelmed with tears sad shame at her unfortunate situation. The prosecutor then applied to the Court to be allowed big e pences ; which the Recorder refused, on the ground that he could well afford to bear his own costs. The prosecutor replied, he tiliould have chearfully borne own costs, if the girl bad been sentenced to be whipped! ! Wednesday the Reeorder of London made his report of the Convicts capitally convicted at Justice flail, in the Old Boiley. at the September Sessions, when Oakden, for an unnatural cri.ne, and Sullivan, and his companion, for a rape in the neigh bourhood of Poplar, were ordered for execution next Wahla+ day. 20L ICE. IMBLIC OPFCE, QUEEN-SQUARE. Friday a singular instance of cunning and medality occurred at this Office, a modern Enchantresss named MarY Connor, was charged with defrauding Margaret Anderous of various articles of wearing apparel, by pretended cal allusions. The prosecutor stated, that she lived in Windmill street, when about four months ago the prisoner•ap. plied to her for lodging, and was admitted. She had not heat more than five weeks before she gained her confidence, sainiso ving communicated many particulars to her respecting a youn; man who then paid his addresses to her, the prisoner began to f )rm her designs, not only of depriving the'prosecutrix of hes lover, bat her property also. lathe first she obtained completesuccess, mid actually mar ried the young man, w pile Anderson imagined he was courting her as usual. The prisoner's next alt was made at the poor girl's clothes, she commenced her fr olds, by pretended ledge of necromany. and w but she ferule I the Black Art. Ha, ving persuaded her that h r love was loco istaie, she undertook to tell h..r who would be hei husband, 'a id tor tit t purpose placed a poker and tongs across order the bed, this being re peated several nights, but finding this charm, would not answer, amongst many other things a cake was made of pretended mate rials ; but notwithstanding the farce of these pretended charms, s!te told the prosecutrix that they would cot produce the desired dice', because the apparition of a young man was in the room, and that this spirit wanted somethin, out of her box. The hoar was therefore to be opened, and its contents spread on the (aisle, to which the Prosecutrix consented; au& gowns and various other articles, worth between 2(11. and 301. were left on the table. The following morning they were all gone, and the Prisoner told her that the apparition had conveyed them to a castle in Devonshire,' and if she attempted to reveal it, she would be turned into a fish. Being fearful of the consequences if she unfolded the secret, the Prosecutrix did not speak of it for near eleven weeks; during which Lime the Prisoner, by various arts, obtained several sums of money from her. These imp* si dons might have continued longer, had not the Prosecterix d!o -covered that the Prisoner was married to the man before men tioned, on which she soon recovered from her delusion. Having then applied to the Magistrates, the Prisoner was apprehended, who, in her defence, acknowledged that the above statement Was true, and that she had resortad to these impositions for the pur pose of obtaining cloathes, &c. The Prisoner in consequence was committed for trial, and her husband as au :Accomplice was held to bail. . &.•• • The poor man, a workman of Mr. Parker's, Wire-worker, Frith-street, who was about three weeks since hit in the haul by a rattle .snake, in Piccadilly, died on Saturday morning, in St George's Hospital. The arm was in a state or mortification. He was attended with great attention the whole of his Mom by 1)1 . . Horne. Tuesday evening, as the Maidstooe waggon was on its wave tram London to that place, it was robbed of a large hamper confectionary, and a truss containing four hundred yards of • vel-! veteeu, and several pirceb of calico. 43 • ...IR. ••••:, 4 .. ~C.c~ • . :►