The National Register. — London, England, 1818-06-08 00:00:00

LAW IVTELLIGENCL. COURT OF KING'S'RENCIi, MONDAY. Jig 1. THE KING. V. J. 311iliCMION, Esia. Mr. Scarlett• moved fee the judgment of the Court upon the detendantoolus inweediately stood up In front of the Jery box. Mr. Jostico.thiott then proceeded to read his notes of the first trial, viz.—that upon which Mr. Merceron was r!,argett with having surreptitiously applied 9251, of the pa. I.:sit money, to the pa "anent of the bill of eons of Pain t and Crossland, his solicitors, for coudacting his defence, spun ci.ennenta previously preferred against him. The facts 441 this case have beta m recently detailed in our columns, that ' 1: is unnecessary we should repeat them. ' reading of this Report occupied an hone and a quarter, , an!' at the ronclosion, 71r. ' 4 earlett sail, there was another indictment against' the defendant, the proceeding* upon which; he requested., might also be read. Mr. Justice Abbott then.rcad his report of the trial-of the defendansupon the second indictment, which imputed toltion the offence of greeting licences tc publicdrousets improperly ; upon whieli lie was also found godly. '1 he import having been gum through, the defendant was asked, whether he had any :Auks its to stubmitio the Court. The defendant answered in the atfintiative,end his Soli. itur handed in several, which were read by Mr. Ltarluw. The tint was an affidavit sworn by the himself, and James 'Wilmot' Lush, of •Welleltne-square. 111 this the defendant, for himself, stated, fur 20 years last past and up-• wards, he had b e •n a Justice of the Peace for the county of .and Deputy-Lieutenant of the Towerilisinlets ; that for the saute space of .time he had heema Commissioner, of Sowers for the Holhorn.and Finsbury division, and for the Tower Hamlets ; and during the last seven years had beet annually elected its chairman to the latter division. The affi davits then weld on to ettitmerate a variety of other respect. able offices which he had held : such as a Cututoiseitmer of the Lend Tas, Commissioner of the Income and Property 'lax, &e. and tioally, that he bad held the office of Tteasurer to the parish of St. Matthew, Bethnal Green, for a space of 30 tears; the ditties of all which offices he had gratuitously performed. In consequence of •the resolutions of the vestry August. 23. lel t , and not till then, he had felaimself en. thorised to cutter into his accounts as Treasmer the sum of 9251. Is. ad. ;being the amount of expenses ince) red in de. tending prooecul • which had been instituted against him ill his official capacity. lie !lig. went out to state, that from what had passed on his trial, Ii had with as little delay as possible refunded the said aum of 9251. Is. 311. to the use of the poor of the parish, by causing the same to he paid into the Back of. England, in the names of Mr. K. Wrightson and the four other 'lettuces ot.theasoor of the said parish of St. Mat, . thew, Bethnal Green ; :and that it having since been sug gested to him, that interest aught so be paid on the said 1111f11, lie had, on the 25th of May, paid into die 'Rank, to the ac , count attic sante persons, the further sum of 2191.!1 Is. being the interest for five years from the 2-ith of Atignst,lBl3. Mr. Wilmot Lush confirmed this affidavit, so far as it re. fet red to the payment of the smusinepiestion. A great variety of affidavits weue then read—from Geo. Byng, Esq. M. P.; Wm, Mellish,. Esq. M. ; F. . Commit, Esq. and.J. Wynn, Esq. Commissioners of Sewers fur the Holborn and Finsbury Divisiou. T. 31ashiter, 'Esq. T. Wined, Esq. 51agistratee and 'levity Lieutenants of the Tower Mandeb.; R. Hefter, Esq. and fourteen other persons, of the highest respectability, holding various official 'due- slow', .all of whim spoke in unqualified terms of the honour, zeal, assiduity, and integrity of Mr. 31erecron in the various . sac/ s which lie had filled. These affidavits all applied to the first indictment. There was another series of affidavits respecting the se . coed indictment. 'l'he first of which was sworn by the de- fendant himself, in which he stated, that the ale.honses in which lie was interested had been underlet by him to respect able tenants, and that he could have derived no benefit from ti.eir being improperly licensed, nor had he any prospect of obtaining new leases. The reunaitider of the affidavits, which were tozeneral character. were precisely the same as those already mentioned, and were not read. Tupping rose to address the Court in mitigation of pm. niThment. He well knew the situation in which he then stem!, and lamented the impossibility of rendering the de teudant notch service, because, by the rules and course of proceeding in that Court, he was not at liberty to call in question the justice of the verdicts which had been returned. He could, however, observe, that flout the evidence on the trials, it atrpeared that the defendant had fur thirty years tilled the situation of Fremsurer to the parish in question, during which Anise he had conducted himself, nntil the causes which gave ri•e•to the present prosecution, in a manner so as to elicit the respect and approbation of the parishioners. If is Lordship would also see that this parish, especially of late j wears, had been expowil to the most unfortunate divisious. Mr. 31erceron certainly had not clandestine! , introduced into his account of the parish audit, on the fitio of April 1814, Mesas-sot/ants and Crossland's bill ; for a notice of holding a vestry to consider, anumg other things, to pay Dann ant Crossland's Mill, had been psi h.ltely read in the parish church, on the e:lof Atigns,, and tire resolutions passed at the vestry acquitted hi n of any clatitlest; lie intention. Up to the btii day of Albeit uo complaint had been made ; and even then Ito one cause forward to ask whether Mr. 31erceron meant to include this item,in .psis account. Tlic moody however had been ref led with interest, a eireittastt,'ncr whiel l he hoped would have some weight with the ,Court. As to the se I charge, that of corruptly licensing pardie-;,,,,uses, the docu ment was improperly iiitrodueed from the !lowa- of Commons. 'flue dm-unit:at the• improperly introducethconatined the piti, and mallow of the indictineut, namely, that It, e defendant was owner of the hotness mentioned in the milieu. nents ; but lie WaR Wit the eviller in such n sense as gave him iii e right or ,power to put in %that tenants be pleased. The charge: in each year rested on the authority of it single constable. If the cases Mel heels so eery glaring, surely some of the 110 0 sea trynieit must 1....tve k nown something about them, 'Elie Cutetnua Serjeant and 31r. Richardson followed 01,• the same side. The latter particularly dwelt on the :eitca,m etance of the notice given with regard to Dams amid Cris...a/am l'A _ _ Lord Fel ranonnt.Gal being obliged to attend at Grubh )1%11 at Ntst hugs. the ,(:ueirt i ssss nethatel!. 1411 be, and Mr. Meet (Toon ma• milcreAl to to. brmaulit lip again on Wedilt.•ll.. Cal which ill) iv. Iwo Cnni 1, in euAlndy of the •J'ipstair,, And Nr J , lstier B.1):ey prustuutteed the judgativav c( ?IA: eviat lollows Joseph hivrrerer, you :+re to rtireivc the : , e.ntelice of the tw.. it..l•ettuvot•, b prelci led „ gc a t i ro. Oat offence r:l4lgctl , t;l:ast :use was tom- nir NATIONAL REGISTER milted -its your character of Treasurer of the poor of the Pa rish of SI. Matthew, Retinal-green; and the other, in your ciorracterof a Magistrate of this County. 'rile first of these 'indictments charged that pin fraudulently, clandestinely, and unlawf u lly, inserted in your accounts, as such Treasurer, a sum of WI. ts. 3d. awl fraudulently, clandestinely, and Imlay% fully appropriated it to your owls Jise ; and the other indictment charges )uu weal corruptly alai nolawfully :who rising certain persons, whose names are mentioned, to keep public houses in this county. Ou these two indictments, re spectively, you have been found guilty, and upon the discus. lion •that the case hiss since lergone, the Counsel in your behalf' rather strongly insinuated Ciat prejodice might have had a material ittfluence epos those verdicts whirls were so given ; and, on that acconut. it becomes neces►ary shortly to detail some of the circumstances of the ease ; because it would snake a very matt I . i:4l44i:roam in the punishment, if the verdicts were nut completely to the salishietion of those who have to pass the judgment of the Court ou you. Otis Lordship here entered into a summary exposition of the evidence on each indictment, and thus pruceeded.] " Now, shortly .before the licensing day, in 1815, yon sent for one of the witnesses to your own office ; it was not there fore a casual meeting, and you made to him observations which were calculated to prevent that disclosure-of the eir• cumstsners relative to public houses which ought to have been made to all the Magistrates. He rept., vented to you that lie should have some difficulty with respect wale oath he wets I.oollllii to take, and your asa•wer on tibia •Occasiutt was a great and considerable aggravation of your offence ; and in the presence •of Sir Daniel Whinnies, you :preveuted him from making that .disclosure which it was his ditty to make. The same observations apply to anotheeof the witnesses, and if a .person who is acting under the saw:ben of an office fur a long series of years, as you have been, intimates to a party that an oaths is linen matter of loam, certainty the offence ia of as bad and wicked a Dawre as it well could bc. " The Court has taken into its consideration every one of the circumstances of the ease. It iv, nut by any means inat tentive to the character and Nitnat ion in lite which, down to this period of time, yon have filled; and it re-collects, that the degradation which you must necessarily stiffer by those very proper convictions on these several indictments, supported a, they have been by (be nse.l clear and conclusive evidence, must embitter, in a great degree, the residue of your life. That is a permanent punishment; and in that respect the Court may alleviate . the punishment which it is about to pass. The Courtwviil also feel it their bounden duty to re • present to the. Lord Chancellor, that these convictions have taken place, 'and will report to hie Lordship the sentences that shall be passed, in order to give him an opportunity of exeteiving his discretion whether it will be right that you should any longer fill those high and distinguished situations which you have hitherto filled. The Court also take into their consideration what has happened since these convictions, and they-recollect you have nut only restored the, money you so fraudulently emSeuled, but also restored it with interest. Chat uperatesas an alleviation to the pecuniary punishment the Court would have felt hound to inflict; and taking all the cir cumstances of the'ease into consideration, this Court doth order and adjudge—that, fur the fir s t o f these offences, you do pay to the King, a line el 2001. and be imprisoned six ca 'ruder months in the prison of this Court; and for the other .1 these offences, that you be imprisoned twelve calendar months, to be computed from the end of the former six months ; and that you be further imprisoned until the attire said fine be paid." During the whale of this proceeding the defendant ap peared deeply affected, and quitted the Court in the custody of the tipstaille, under Lsleient impressions of considerable emotion. lie wee it conveyed to the King's Bench prison. THURSDAY. On the entrance of their Lerdshipr into Court this t.sar tt i ng , L e m Elknbomugh stated, that an application had boon made w a f e w days ago, on the part of a person named Bruce, who was bet e . th e i Court on &writ of habeas Corpus, in order to obtain his dischar ge , from prism. lie did not mean to go tutu the statements made by that person, as perhaps it was not proper they should be repeated. Mr. Bruce said he had deposited in Court the tonount of the debt for which lie was detained, and if so, lie was er.titled to a rule to thew cause why he should not be set at liberty. Ile had stated, that there was a,ronspiracy against him, mid that he could get no one at the Bar to move for bins. This was a slander on the liar, and he (Lord Ellenbonnigh) should nut mention it. were it nut for the purpose of shoeing why lie introduced the subject. If Mr. Scarlett was in Court, he should put his name to a rule for Mr. Bruce, as it was improper to have him in attendance from dayto.day. or to have the Court taken up with much frequent applications ou th'! subject, as there was not a day since the commencement of term or: which some application had not been made. Perhaps in the absence of Mr. Scarlett, some other gentleman would put his name to a rule tar the purpose. Mr. Topping said, he could not move tor a rule for the gentleir.an, as he was counsel against him. Mr. Clarke said. he had no objection to move for the ride. Lord Ellenborough—Very well. It is necessary•tha , there should be counsel to state the case, as the party would, if allowed to 'peal., go into irrelevant matter. THE XING v. 1/ OEVER. Mr. Topping moved the judgtnent of the Court en the defendant, who was, at the Sittings after last kern, found gully of a libel on Mr. Chippendall, an attorney. Mr. Header said he wished he had seen the affidavits before they had been tiltd. The defendant was already in prison for debt. end he could not see what his learned friend wanted more, unless he wisehd to have the =study changed. Mr. Topping allowed Lila{ the defendant was in prison ; but it was from his prison that he had written those letters which so lunch dis turbed the quiet of the plaintiff: Mr. Reader said, the defer.dant was ready to enter int": '3ll engage ment not to disturb the plaintitlin a similar manner in Imam Mr. Topping observed, that he had made such an engagement be fore. and bad broken it. It was necessary that some effectual steps should be taken in order to p. meet a respectable gentleman from such unprovoked attacks, and 11,:vouk1 nut take the engagement of h con victed libeller for the purpo v. If the defendant could procure sonic respectable person to join him in such an engagement lie had no ob jection to it. as the plaintiff liail no other wish in bringing the action, than that of securing his own and family', quiet. Lord Ettestnotioustit.-1 . 00 have a right to object to the de fendant's engagement if you please, but )ou might obtain a rule to hind hint to his engagement, and by which you could come upon him if he should la future do nay thing in contravention of such Rule. The Court held that the CAW should stand over until neat Term. On Saturday week, as Mr. P. Ifowe was returning (min Cran i brook fair in a singh• i.orse chaise, he was accident:Lily thrown nut, . between that ;dace. and Cox.wath, and, billing upon his head. *c c wed a Very severe injury ; after seine little time. however, he mil gji r Ireatgefed as to be ahle to rontinue his joursey..aud proceeded as tut as Corcheath, when he biaanie th,a it %Vali &MAUI necessary to p admit toted. A surgeon WS.% sin tor ; bet 1411• OIMIC11:1110n0 of rain rad been so 'titian, that he i.J.pired at twoo'clock on Sun • dry AtterOOVLI. !NE POLICE. -- MANSION-lIOLISE. Mutincireshr CAIII!.—On Saturday week a young frmare„ aged It, and uncommonly interesting in her manner and ap pearance, was bronght before the Lord Major by a night constable, who stated dust she had beret found at a very late hour on Ft iday night, u ottemated in a wharf on the banks the Thames, near Illackfliara Uridee. On being brought to the 14 atch-house,4l.e acknowledged that her intention was to commit suicide, and that she ass just about to throw her. self into the river, alien discovered by the watchman. fleittg now asked what could have led to so rash a •tleternsination, she 'elated the following eireumitances :—Sbe was n native of Peterborough, in Northamptonshire, which place she left • about.three years ago to reside with a sister in London. Thu sister imagined beta the lawful wife of a gentleman with whom she lived ; but alter a lapse of more than tau years be threw off the mask, proved that he had deceived her by a mock ceremony of marriage, and at length totally deserted her. She had contracted considerable debts, and by his desertion she found herself so trrech involved that she saw no alternative but to go to prison. Two of the most clatnorots of her creditors, to whom jointly she owed MI. threatened an immediate arrest, and in • this dilemma the yenng girl now in cvstoby was intleted to apply fur assistance to an emitter: merchant in the nelehlourtentel of Cheapside, who had some knowledge of her family. After repeated solicitations he at length consented to advance the required sum, and hone she and her sister were overwhelmed with gratitude to their generous benefactor. Not many weeks had elapsed, boa ever, before, by the usual artificta, he surceeded in accomplishing the ruin of theutifortuttate girl„pad after supporting iher for some time at a house at Peatinville, deserted her altogethe7 She immediately applied to her sister, but the latter reit:act to notice her, *ad she was thies driven to , a coarse of life 31s abhorrent to her principles and feelings, that she had dee: mined to rid herself of existence. The poor girl, during - her narration, was dissolved in tears, and her misfortunes gentled to exctle4he coraniimaration of all present. The Lord Mayor spoke lo the kindest terms to her, and ex pressed his joy that her rash design lad been frost' ated.- Her asked her if she was aware of the extent of the crime 0:t -wee shoot to commit. Female.—" Perteetly so, my Lord ; but the misery I hal endured ter the last few weeks wrought so powerfully upon my•mind, that I could not bear the •idea of a longer exi , truer.. The Lard Mayor sent ats olfeer to the residence of the merchant she Lad ►mmed, to rtrlttest his attendance, hot he WAS Vile into the country. his 14ndship then ordered every care and attention to be shown her until he conld he written too and said he would ultimately send her home to her friends. S. Haywood, the driver of the Braintree stage,avas charged eel suspicion of stealing a parcel containing about 40001. in country Bank-notes. Mr. Alley stated, that the above nubs of the banking-house of Messrs. Ray, at Clare, were sent $ few days since by the coach, of which the prisoner was the driver, by alessrs Barber and Cu. of Leadentiell.street, which did nut • come to hand; yet the prisoner admitted that the parcel was in the coach when hr stopped within .even mile' of Clare; seed witnesses were ready to prove that no other person could have taken arty thing front the roach until it arrived at Clare. rwo days only had elapsed before the loss was discovered ; yet upwards et . 1001. of the notes had been presented, and exchanged for those. of the Bank of Faigland, at tile Loudon banking-house at whirl' they were payable, and a great member had also been cieetilsteit. The prisoner never made the lobs of the parcel known to any one; and that cir cumstance serving to strengthen the suspicion egainst him, he was taken into custody. The prisoner protested his in nocence, and said he could produce the must r apectable testimony to his character. Mr. Alley said, he knew that op to the ;trowel transaction the pr iaoner had borne an ir reproachable cheraette ; but observed, as it would be neces_ satyr te examine a great numbs.' of witnesses, he requested II that the investigatiun might be postponed, and the I)l4e:tiler was reneauded.—He ens brought lip again on Tuesday, but liti direct proof being sufficiently made out against him, he was teletitted to bad. 'Tuesday the young hou, who was some days since examined upon the charge of defrauel several attorneys, by pretend ing to be the son of the late I ie. S. Fraser, Governor of the Island of Bermuda, and the heir to :einitaise property, lett I ' by his brother, was again brought lip. In addition to the former charges, Mr. Rice of Lincoln's Inn, and Mr. Dirkins, of Gray's InieSuliciturs,stated, that the prisoner, by the same story, had obtained money from them. Mr. Corby), a music and dancing master belonging to the Opera 'louse, stated, that he had a charg e o f felony to pre. for against the prisoner.. Ile because acquainted with him in February last, and was imposed upon by the tale already related. After a few days acquaintance the prisoner said, that a young female ..hoot he was about to marry was some- . what deficient in the polite accomplialenents; ayt he would thank the witness to iiistt uct her in dancing at his (Fraser's) lodgings. The wetness went there, but was MA A little shucked and sit: prised at the dirty place into which he we', ushered. Mr. hisser apologised for this, and said, that it% though in a few morel's Ise bilotlld be reassessed of 20,0001. he was then rather parr. He said, he shotalii himself like to have a scar lessons in the mazy art, but he bad no pimps or pataloons fit for that purpose. The following day witne , a atilt again to the helve provided with bath pumps mid pan taloons. its m ell Ifs oilier necessaries. Amoug other things he brought a violin and a valuable flute cane to amuse his pep's. }laving occasion to call at another place he left these articles in the care of Mr. Fraser ; but on his return he found that gentleman, his there aptie ' the flute, cane, pump, pant s . loom, Arc. had all disappeared together. Ile !ward no more of lien until tic 114%V an account of hue eaawittation in the public prints. _ _ _ A letter was produced from the Ilanoarablc Mrs. Fraser. at Edinburgh, disavowing all that the prisoner had ;nese' l e d as to his relationship with the family. It was alms S;alle:i. that the gentleman v. hose name he had assumed is nuis Englund. The pi isoner, in a speech of an hour tong, attempted te. deny the truth of the charges bruotglit against him , and , in, ated, that Mr. Coi bpi had obtruded his services upon hint in the hope of profiting liandsowwly by 111(..111 When be (Fraser) should get hi s fortune. The mistral cans., :tic. lie said were p e ,, eil f,d to 11,11 b. Mr. Corbytt, who, in the sentence of his friendship aml ,segard,. lead uttered to reseal t o hint hsu , very important ',veldts, although lie aeletion 'edged. that by so doing he 'Mond he siulatilig an oatl►.—These were indignantly repelled by Mr. Curbyu. prisoner Ma% billy einaituitted is Ne%pitu to tiikt: his trial Apou all the 111L1