The National Register. — London, England, 1818-11-09 00:00:00

f'sl L,l W 1 NTELLIUBNCE. cooit r of cHINCEItY.TuE.O4y. TN: l•ouii might he holy de...ri1e...1 ass house amount' ' I ig. The no laminae death Lif Sir Samuel liensilly spread it RI o us• r all, %skielt is i s ls ..mier to ia►agine than de mi rine. The Lead Chancellor walled from his house in mid (-aisle In his private room in Llnenlit's lot•-hall at 3 1133110' W ten. He !disked at some of the Morn- In:: Papers to see the account given of Sidi. kamilly's death, and burst into tier.. He was finable for some thee to lease his room, from the great shuck Ills teelings lied unstained ; for, as he declared, tle••re never waa a man at the Ileitis's Bar for whose prams nil talent., who•s excellent legal UttaliMlClll9 l , tuna i3114 . 10! , 10 , innerly, Ile lieu inure respect than for the deceased. Indeed, it is well known, that on many most ho rn rant slue , ' a hi. Lordship ssa• in the habit, even iii open Covet, of sishmitlisig the propriety of Ilk opinions to Sir 1411 ttttt 11.413 U berme In the Enure ass crowded to excess end aiming those plesrnt see observed several persons of ilis. linct►on. Not a single Conuael or Solicitor was present ; all bring an xi 111 l s ti •Lets', in thet way, their rage et for the death, and iespeet fur the memory. of the lamented deceased. At !went, nu mtr% after ten his Iwod•hip took Isis seat nu the Bench ; when a Gentleman addressed him and said—" I have the Wormr to prearsit to your Lordship* Pet itiers, complaining of the conduct of cerluist Officers of your Cultist." file Lord Chancellor—l will read it in the course of the dm), and answer it ter-morrow asing."—His feelings then overeasise him, schen he looked to she place whence he had heard sir S. Romilly so often with delight. The tears rolled down. his Lordship's cheeks ; and after sitting a ►uinute its his ell 4" • lie staid, " I n►ust go, for I CY:111110i sit one moment longer.''- Betiring again to Isis private room, he displayed the ►ante feeling, shedding tears of sincere affection in memory td thus truly good and great ►man. His II air the Vice Chancellor was so much impressed by the melancholy event, that he could not sit in Court. The death of Sir Samuel Hominy was a subject of the deep est regret nnimg the Bar and the Solicitors, by all of whom lie was joustly trilunirell and esteemed fur his urbanity no less than for liss Is:dieing and talents. THURSDAY. Th. Lnrd Chancellor this morning took occasion to rr mai ii, t h at ilar panlie, olio complained so timely of delays in ihejuilements of that Court, WOlllll he surprised to learn that t..etr 04 le now not fewer than hem hundred mid sixty joiflgtoentx I.rt uncalled for, in this and °thur branches of 1i,4! Court ! Tip* w.w entirely ossing.to the negligence of solicitors. fits Lordship also took an opportnnity to say, that he would act Pltielly npon the rule he had laid down before the long %oration, and put uff no cause her any person what- Voir. FRIDAY. This hi ing the first day of Term, the Lord Chancellor entered Westminster-hail with the usual state Solictuw•General applied to the Court by petition from the Chancellor, masters, anti scholars of Oxford, and front the Ch%neellor, snasters, and scholars of Cambridge, for an order to restrain Wheatly fmm selling copies of the Bible and of the Prayer-book. Wheatly had got those books printed in Scotland, and having imported them into England, lie tore nut the title-puges, and havint4 forged other title pages. represented that they were printed in England. But the forgery deviled itself; for although the tide-page prefixed to the Bible was thus forged, the other title-page prefixed to the New Tes tament remained unaltered. This was a subject that had formerly been before his I.onlslrip, and there could not be a doubt of the right petitioners and the regularny of the application. Lars Chancellor.—fake the Order. MORT OF LING'S FRIDAY. Nov. 6. The Court did not at till nearly half past one, when the new Lord Chief Justice (Abbott) took his seat. accompanied by Mr. Justice hayl-y and Mr. Justice llolrnyd. Shortly after his Lordship entered the C o urt. he addressed the new King's Counsel, Messrs. Cullen. ' Owed, Wingfield. Borne, and Wald, successively in the following Ibis Royal Highness the Prince Regent. in the name and on the behalf of his Majesty, has been pleased to appoint you one of his Majesty's Counsel learned in the law. You will therefore take your ;lace within the bar accordingly." Ft w caws of any public interest came on. M:. Scarlet moved fur leave to tile a criminal information against Richard Fuses. a magistrate in Yorkshire. on the ground that he had eninloyed his authority in annpounding a felon) (as we under coat') for his own profit. A Mr. Taylor. it was stated, had an ac- MUM current with Mr. Bentley. the whole of which had. however. been cleared at a settlement the parties came to some time since. A little time after that settlement Mr. Taylor was arrested under a warrant charging him with forgery. The charge was. that he had Riven a bill of exchange accepted in the name of a person not in existence. Mr. Taylor offend to deposit the amount of the bill as eseurity, if by such means he could obtain Ilk discharge. This. however, was refused. and Mr. Taylor was kept in custody that night. The next morning the parties cone; mud were told that they Fad better settle the business together. and Mr. Stocks stated that he had no objection to a bond hang given for the par lobe of a sulunis von of the whole matter to ai bitration . When the bond was brought for execution the nest day. Mr. Stocks objected to one of the bCell. rthes. and asked fur some other name. At that mom'nr it was nut rumble to procure any other. Mr. Taylor was remand...Al into eustotly. aril Mr. Bentley botind over to ptosecute. Mr. Steels, alterwards carnet* Taylor, and told him that Bentley w.wild cons lit to arbitration witnnut requiring further security. Under thews circumitaness an award was tusule.arill against Taylor. he Chief Justice *aid dint enough had been stated to induce the Co...rt to allow an inienuution. lIPOURT OF COMMON PLEAS, FinnAy, Nov. 6. Sir Robert Dallas. appointed to Uucered Sir Vicary Gibbs, took his t• at. for the first time, as Chief Justice of the Court of Common Plea& MUSGRAVE V. MEEDOX. %meant Copley moved fe-: a rule to show cause why the defendant tn i,t.r not he allowed costs. and be di:charged front execution. lie at.sl that thi. raw; had arisen front a diapute between the parties re it ettin.; the ee , ts of a fAc. The plaintiff' hail consigned property of the amount of bi3OnOl. to the delentliun's father, then reqding at s:i!nal ar. At their first sett.cmcnt, the defendant accounted to the oaintirts thr ',Jam!. or the above star, and the remainder was to be tetai. el in the hand.. of the defendant till the crate of sale and other ehar A es should be determined. After Once had been defrayed. the pea stiff mainteined that a balance or 1.,0001. ought to r.ccrt to hint, whik the defendant stated the sitrplus to be only 5501. An must was agoin.t the I:demi:tot, and being unable to procure but to CIC 113110411 t required, he conarn;tted to prier. The cruse, after I , erY Povittile delay on the part of the plaintiff, had at la ,t been u, fn to trial i and with t'te mneurtenee of both portico, it had lx n referred to tlw •n of Mr. Tindal. who found that the whole sow due by deft n . 41.‘ amounted to 301. Ile mad.: the pre en, motion muter .tat 1.5 of ?IL eb. 44, in which it is pro -1e,41 :f tow plaintilf dr . Lot r. cover & l "...isle sum for which th; . a tin". writ, Th u defendant altall be en:elcd tot costs, after deduct- the arb:trekte meta L 03.3 e I. : A I ": ‘'.l';‘l° . Jtl a. 4.1 THE NATIONAL REGISTER Kerg.•ant Cep ley.—My Lord, helwas not authorized to tax coats R ale I,, , tanted. Tlie Court adjourned after baring sat about half al bout. SERGF.ANTS' INN HALL. NOVEMBER 3. THE LIBERTY OF THE SUBJECT ANT' BILL OF EIGHTL... WILLIS V. BRIDGER. This question, which was one of very considerable import. ance. as regards the liberty of the subject, came An to be argued belOre their Lordships. Mr. Common Serjeant for the plaintif f , stated, that it was at...teflon tried at the late Horsham Assizes, and was one in the plaintiff sought to recover fi the defendant damages for false imps isomnent. A point was then reserved for the opinion of the Court. The defendant was a Magi*. trate ; the plaintiff a gentleman of property. who, for some offence with which be had been chsrged,which it was unneces sary to state, had been summoned before the defendant; who, an hearing the ease, ordered him to enter Into securities for two years, himself in 5001. and two sureties in 2501. eacb.— Tile plaintiff tendered his own security, and one surety.— This the defendant would not accept, and immediately male out his wart aut, by w Welt he committed the plaintiff to pri son for two years. The point reserved wa., whether thili was or was not a legal commitment t He was to contend that it was not, and he trusted should do so successfully. The Learned Counsel then proceeded to cite authorities from the Liss' Books, from the reign of Henry VII. to the present time, to shew that Magistrates did not pOSSCII this power. By law they had, he contended, only power to held to hail, and take recogitizattees, fiom the time of taking them till the next Sessions ; and he contended, a Magistrate could not by his warrant commit for a longer period than that for which he could hold to bail. Otherwise. a Magistrate had only, to answer his own purposes, to demand excessive bail, which a defendant not being able to procure, he might commit him absolutely for any period of time he thought proper. In the case of Andrew Robinson flower and Lady Strathmore, in which an application was made by Mr. Erskine to the C ourt of King's Bench on behalf of Mr. Bowes, who had been held to bail by the Court for a period of 14 years, on the ground that the Court had not power to hold to bail or &nth a term, the Jnilges indeed held that they had din power; but he trusted it would not now be said, that a Country Justice also possessed this high and dangerous prerogative, a prerogative which, he contended, was in the very teeth of the Bill of Rights and the liberty of the subject. Mr. Serjeant 'Faddy, on the other hand, contended, that by the terms of their commission, under the Act of Elisabeth, and confirmed by subsequent Acts, Magistrates had this power ; and as far as regarded the present case, he contended no action would lie against the defendant, inasmuch as he had been acting Only on a subject within his jurisdiction ; and therefore, though lie had acted erroneously. yet it was only an error in judgment, ter which au action would not lie against a Magistrate. The Common Scrjeant, in his reply, again contended, that the doctrine contended for by his Learned Friend, was an invasiossof the liberty of the subject, And in direct opposition to the Bill of Rights. If it were once established, an iailivi dual might be called on to give security, or be imprisoned for life. Mr.Jnstice Bayley said, a case %night arise, in which it would be neoes%ary to call for security for life. He recol lected a case in which it had been done. A person. other wise sane in every rebpect, was, as far as related to a certain individual, mad, and vowed te sacrifice l ' whenever he bud an opportunity. The safety of the innocent person could here only be secured by confining the other, or calling on him to find continual security. The present question was, how ever. one of very great importance, mud the Court would take time to consider its judgment. MIDDLESEX SESSIONS. MONDAY, \0,.9. C. Chariton was indieted for assaulting Isabella Hatekfield, a girl al tto years old, in the month of June last, with biscuit to v olate her person. It appeared that the tomato'. t.ix hail been nursery-maid at the house of a peddle:4n, in Swallow-street, Piccadiely. In getting water and other necessaries for the children, she had sometimes occasion to go into the tapsronin of the public-lionse. On some of these occasions she used to see the defendant, who was a farrier, residing in the neighbourhood, and who frequented the house. Elizabeth Lowe, another servant in the house, intro duced Ire► to the defendant, and lie appeared very fond of he , . She then received perniission from her aunt to visit him ; she areisrilingly called at his lodging iu the month of jun e last, but found lie was out. A Mall of the name of Smith, however, was• there, and said he would show her where the defeuilant was. She accompanied him for that purpose , and they went to 4 11bitt, ilalllf, where tisey f d him. She sat there fora short time, bid finding the eveniiig advance, she t , fiseel to remain any longer. The defendant then pre vailed oil her to walk w itli hint in the Hegelit's Pink ; and had walked some distance, and got to a private lucre, lie shagged her over a fence, and eareoted his in i • purpose. As soon as lie let her go, she implored him to assist her to one of the outlets of the Park ; he refused to give her this assistaece, and poured upon her the grossest and vilest ;those. saying that all his trouble was *hoist the loss of his stock, which it seemed was lost in the strnggle.— proseentris returned home to a friend, as well as she contd. and disclosed her situation. It was proved that she continued for some time in the greatest agony. Her aequsint cures described her as 4 very modest and careful girl. Her injury was proses to have requite:l vu,gical assist4aer. An attempt was suede, for the• defendant, to contradict the state• meat of the girl's modesty, best it totally failed. Ti le j ury relented iii instant sertiiet Of—Guilty; and the Chairman, after an:madverting in the most severs• terms of the hriil4ljiy of the prisoner, sentenced him to two years' imprisonment in 11 ewgat e. Fifteen of the Barnsley linen-wearers were on Tuesday, se'nniglit committed to the lions,: of Correetiot, at Wakefield. by Bench of Magi , ra ti, on a charge of leavin their work in an unfinished state. The men urged in their own defecee. that they had sent each master written notice of ciAlit days, previous to clouting t!!eir work, and that three of their feilow workmen who had fini,!:ed their work hail beAt refusal payomait of the same. The weavers were not committed until after three ilisti:an offers had been inane by the Alegistrate, to liberate them. if they would return to their wa-k : but this offer being eon.idered by them as no abennontoent of the uhject of their turn-out, they decided to go to prison. . . A m . o . WOlt s e. 11.1 i Len committed to nurharn gaol by eat; maistrates of Su iderlantl, on suspicion of .being eo.aarned it; -annlcring the sereant-erad. anti settmg fire to the 01 Ails larly rear) Ilaaington, some ycia3 azo. OLD BAILEY. MONDAY, Nov. 2. J. Davis was Indicted for having knowingly, and wlthoat lawful excuse, In Isis possession a f orge d 11 . mate . The prisoner went to the house of Mrs. Ersgleion, in News gate.street, to purchase a quarter of a pound ores. tea, and in_ payment gave a IL note, but it being suspected to be forged.. he was asked where he had got it, and he answered from a Mr. Silvester ism Osborn-street. The smote was given lack to him, but he was followed down Basin/hall ate ee t, amid given into the custody of au officerasho went wills him to Silvester. who was at a public-house. The note was handed about and some said it was not a had one. The officer, when taking him back to Eagletoies shop, received a blow from him, and he attempted to make his escape, and afterwards gave two Sc. titionso.ddresses.—lt was further in proof, that the prisoner uttered three forged notes at different places, and gave wrong names and addresses.—Guilty. S. Morris, a private watchman, stood indicted for stealing in the dwelling-house of W. Clulow, Esq. a silver coffee pot, value 201. 30 silver Armes, valise 71. a silver tankard, value 101. several other articles of plate, and several shirts, his pros perty. J. Braid stated, that he had bent footman to Ml.. Clulow upwards of three years: Emma Owen was his fellow -servant. His master was abroad, and his mistress sometimes went out, leaving the house to their care. On the 15th of Ort.witneis and Emma Owen went to the play, leaving his uncle Dennis in care of the house. Morris afterwards told him, at the Hope and Anchor, that something hadhappened, and he would be taken up and kept in custody until his master came home, but that Ise (prisoner) was afraid to tell him, lest he should split. Wit.. ness told him be would not, and he then told him of the rob bery. On the following day, be told w itness, there would be no other way to get over it than to break open the lipase, and let him, the watchman, in at half past eleven, and he would give the alarm at two o'clock. Oa the Sunday he sent hint up stairs to his master's bed-room for some plate, and witness accordingly brought it down in a half peek mea. sure. He brought down a silver coffee pot, a silver tankard. stall% spoons, &c. in the stable yard, amid they took it to N. Levy's, in Angel-court, Gravel-lane. Old Midi. came home in half an hour, and a young man and woman having left the room, they agreed to meet at two o'clock, at the prisoner's in Caroline-street, to receive the money the plate came to. Wit ness went, and saw M. Levy pay a handful of notes into Morris's hand. The prisoner then gave witness hi. in Bank notes, two of which he spoon, and four be buried in the garden. Withess told the rrisoner that his mistress was coming home that night, and Morris said the alarm must be given them. Morris told him to lock the dole up. When Morris was crying twelve o'clock, witness let him through the area, and they pulled off' their shoes and went up stairs and brought down the plate-chest, blankets, and sheets, and tied them up ; a ladder was set against the well by the balcony window. They pod bread and meat upon the table, and several candles were lighted in different looms. Pa isuner had told witness to tell Emma Owen what to say about the robbery. At half-past one o'clock, witness let the prisoner oat, and he told him to be sure and not go to sleep, and he would gise the alarm at half-past two o'clock. He did so by knocking at the door, and he ran downstairs and opened the kitchen door, when they awoke witness's mistress. Crosseaa 11l ill ed.—He had lived in London :shout four years. They get home from Astleya at half-past twelve at ei g ht. When he got home he knew nothing of the robbery, nor fur a fortnight afterwards. No person was present when witness and the prisoner were at the Hope and Anchor. He was quite innocent until a fortnight after he had goue to the play. Emma Owen corroborated last witness's testimony respect. ing their going to the play, and Dennis being left its the care of the house. ACout a fortnight afterwards Braid told her what had happened upon the night lie went to the play, and witness was told by him to say, that two sailors had come 10 her bed room wills black faces ; and on the night in question else went to Mrs. Clulow's chamber and tohi her this fact.-- Witness afterwards met the poisoner in Glencestei-plaee, Camden 'Town; she told him sloe did not like to do that which was to be done, and he said it was easily done. Mr. J. Harmer, the solicitor fur the prosecution said, float in the prisoner's way from the wateh•house, be said that Braid had snore than 41. buried in the garden, and that Braid had met the Jew at his house on the Sunday. J. Smith, Conductor of the Patrols., was told by Morris that the prosecutor's house had been robbed. Witness Ca. endued the house below, and fussed soo external marks of vie knee ; he therefore concluded that the prisoner was con. eerned, and took him into custody. Morris then told him she plate was load by ao old Je.w.Witness searched Morris's br me . and found eight silver teu.spoons, with Mr. Cielow s crest on five of them, and evidently erased I . l'olll the three others. Mrs. Clulow atterwards proved these spoons to have beta stolen from her !mese. The notes %tated to be buried by Braid in the garden were found them by the yotottgrt Mr. CI 'flee prisoner in his defence said he had no It.ind in the robbery A ber of respectable persons gave bun a good thorax hr ; but the July found rv E ' I AV. James Dennis and Steplt;iiiltir;itverre indicted for rob bing in the above dwelling. house of 11'ns. Clulow, at Camden 'toms, on the 15th September tist. The evidence %vas precisely she same as the shove, with the exception of a police ottiter, who 411111 Oar tßied Dennis at Chcl,ut.iurJ, to o tom the prisoner confessed that he had a pittlicipation in the rubbery. Dennis in his defence 'Aid, that when left in the house alone, hr did not go up stairs, hot remained below thew nit time. Mortis protested that he had Ord nu connection %sib Dennis. The Jury roomd bosh the prisoners Gladly. Dennis was recommended to mesey by Mr. Chao w , under the idea that lie in gtos have beets induced by the other prisoner to commit Ilse tobbrry. Nlary Borns was convicted of 4tealing from the person of WillinmWhite N plicket-hook, containing a 51)1. note, one r Iwo I 01. nolvp, loot 51. notes, dud Jexiy 11. toles, oI nll to 1701. 'lite fact/kid the ease were these :--The prosecutor e.ns a kertong the IV ottlooll in Li tither Lute, nulbot ; atilt on the uikht of :lie 21111 or St plember h e aas sitting op for a lotleet. at :ghoul hall punt ele‘to o'clock. list to calor n . ..stork nt the shoo, .H111(1111 ..4111r, 1; hi Ife lilt. lotNer, be oiwist•4l 111 P tilior. 1•11.4,11, r .1! the 0;4. *tiered, allti e,ketl fora glas% of gin. With Zhu the prose' 1:111Ur served her. The hint made wine propte..l;. to WM. %hints it i• stimeees•aly here to repro!. The pt. *vent or it itio:d. 41 Iii Ptibil.:d her 0111. fie lird diets a pucket'uook NOV 9