The National Register. — London, England, 1821-05-20 00:00:00

ash - vim carr. ramirs *au. An account of the late voyage to the Arctic Regions hit just been published by Capt. Parry. Among the numerous intemeting facts contused in at , the following, oa the singular effects experienced from the intense . cold, are not the least curious:— " The effect of the intense cold was such on the 119th October, when the mercury in the barometer stood at 39.70 inches, that it became rather a painful experiment to touch any metallic substance in the open air with the naked hand; the feeling produced by it exaelmween bluing that occasioned by the opposite extreme intense heat, and taking off the skin from the part The eye pieces of the teleecope, if suffered to touch the face, occasioned a severe burning pain. " When the thermometer stood at eve degrees, the smoke of the fires in the vesicle, as it escaped from the funnels, scarcely rose at all above the hawstnp of the ships. " On Christmas-day, the officers of the Redo bad a piece of roast beef for dinner, which had been on board since the preceding May.. and was preserved wtthout salt, merely by the antiseptic properties of a cold aurora pliere. The distance at which sounds were heard in the open air, during the continuance of intense cold, was a matter f great surprise. People were often heard dis tinctly conversing, in a common tone of voice, at the distance of a mile. " An artilleryman, named John Smith, running into the air without his gloves, had his fingers in half au hour so benumbed, and animation so completely suspended, that on having his hands plunged into a basin of cold water, the surface of the water, was im tiediately frozen by the cold thus suddinly communicated to it. His fin gers were obliged to be amputated. " The following anecdote illustrates the dry humour of the sailor, and his indifference to hardships of the severest kind :—A party belonging to the Groper being sent to surprise some rem deer, unfortunately lost thetu selves for several days, and were obliged to live upon raw Fisher, which they shot. One of them, named Peter Fisher. being asked on his first arrival on board, what they had lived upon—" Lived upon," said Fisher, dryly, " the Duke of Wellington never lived so well. We had grouse for breakfast, grouse for dinner, and grouse for supper, to be sure." _ y LAW INTELLIGENCE. COURT OVVITG'S RR NOR, MONDAY, MAY 14. Mr. Denman moved for a new trial in the case of the defendant. the editor of the Esexibwo, who was found guilty upon an information filed by the Attorney Gene ral of a libel on the purity of the House of Commons.— The trial took place before a special jury. Ten spacial jurors were in attendance, and two were talesmcn.—. The learned counsel said the of ion on which he applied for a new trial was soared something similar to that in the casco( the King tr. Cartwright. from Warwick. He had affidavits of two of the 24 special jurors struck for the trial of the defendant, stating that they were not summoned by the Sheriff or his officer to sit on the jury. He had also the affidavit of Mr. Hunt, who knew no thing of the transaction until after the trial. Under those circumstances he had to submit to the court, that there was not a competent jury to try the defendant, who was consequently entitled to a new trial. Mr. Denman cited the provisions of the special jury act, 3d of George /I. as well as several decided cases, contending upon the whole, that the omission on the part of the Sheriff was injurious to the defendant, who had been deprived of his special jurymen, and forced to take talesmen. He also argued at some length upon the mischievous con sequences which might arise from the sheriff having the power to omit summoning any jurors he might please to except. It might se happen that he only summoned two of the special jurors, leaving the ten others to be chosen as talesmen, and those ten might be the defen dant's enemies. Mr. Justice Bayley observed, that any Sheriff acting partially would be liable to punishment, and the defend. ant, if injured, would be allowed a new trial. The court, taking into consideration all the matter urged by Mr. Denman, were of opinion that he had 'I made out no ground for a new trial. It was not sug gested that there had been any collusion on the part of the sheriff, and the court was not bound to impute a crime where there was no proof. Independent of that consideration a compliance with the motion might en tirely change the verdicts in civil and criminal cases.— if the omission to summon one or two jurors out of the 24 was to be the ground of a new trial. it would take away the principle in criminal jurisprudence so favour. able to the defendant. namely, that the defendant once acquitted could not be tried again. If, after acquittal, it should appear that one of the jurors had not been summoned, the crown would have the same right to ask a new trial. The motion was refused. Mr. Gurney then said, if it would suit the conveni ence of the court, judgment would be moved against the defendant on Thursday sennight. "f ne Chief Justice said, the court did not object to that day. He then intimated that Mr. Denman was at liberty to make any motion against the sheriff which cir cuaostauces might justify. THURSDAY, MAT 17. LIBEL ON THE QUEEN. VMS Lige V. BLACOW. When the peremptory paper was called on, this cause stood the first. The Lord Chief Justice intimated that as it had been partly heard when Mr. Justice Best was present, it had better stand over for a day or two. Mr. Brougham hoped the delay would not be long, or he should lose the benefit of the application. The Lord Chief j us ti ce .—.. A delay of a day or two will nut prevent the rule being made absolute this term." Mr. Brougham—" It may, if your Lordships should listen to the extraordinary arguments of my learned Mend Mr. Park on the subject of affidavits." THE NATIONAL REGISTER Lord Chief Justice,—" We will not consider that now." Tilll KING V. JOHN TOILVALL. The defendant in this case has been indicted for a libel at the instance of a Society calling itself the Con. atitutional Society. Mr. Blackburn now moved for a rule to shew cause wby the mines of the prosemstoissboald mot be furnished to do dgysed an c. He eatenel this M assiislavit which stated. not on the book of ihe Indianan thiosege of Horatio Hann and I.lhonsui wage Wined, and oa the diefesedeseleatioadieges pot in bail, Mr. Murray, tee seernmy of the Caseeisodossel Illeminy was present as solicitor for the personnel, but would jiive no informa tion as to the parties' neon who instituted she proceed ings. The names indorsed on the indictment was wit nesses to prove the purchasing the libel and proprioserebip of the defendant. He now outended the lideadare was entitled to know the names of she prolamine. as gone of them might otherwise be impaunelled on a special jury to try the cause, and also that it might prove a ma. herons prosecution, or the defendant might have to claim costs, in which case his ignorance of the prosecutors would deprive him of his remedy. The Court refused the rule on account of the novelty of the application, and the inconveniences to which it might lead, if complied with.. But the Conn directed, that, if a special jury should be' struck. the defendant should be furnished with the names of such members of the Constitutional Society as wets eligible to be in the panne!. If the same should be tried by a common jury. the Court can have no objection to the defendant asking each juryman. as he came to be sworn, if be was a mem ber of that society, and that they cou,idered would give the defendant all which the jits.ice or the case required. Rule refused. PRIDAT, WAY 18. TARRY O. MORNIY. This was an action to recover eleven weeks lodging, at six shillings per week, which the de:rodent's wife had in the house of the plaintiff. The cue was one of interest to the public, as it invol ved the question of a husband's liability. The defendant's wife was much addicted to liquor, so much so, that she pledged the wearing apparel ol her husband end children to procure strong drink. It was clear that the defendant treated her kindly, and would have been glad so keep her in hia house; she, however, wished to separate front him, and be at last consented to a separation. There was an t drawn up between them, which was not ea neesedieet. She was so have twenty shillings per week. forbireelf and a child, until she signed a deed of separation, and thirty after she did. sign it. She went to live first with her mother, where the defendant sent her clothes and necessaries. She then went to live in the house or the plaintiff, and the defendant sent notice in writing that he would not be answerable for herng. He paid his wife the twenty shillings foe a time, and lodgi finally the arrears, which made the allowance thiny shillings from the time she left her house. Mr. Scarlett contended, upon the above facts, that the plaintiff could not recover. There were but two cases,. he said, in which a tradesman could recover for lodging afforded a wife. One where the husband authorises his wife to receive credit; and, secondly, where cruelty has compelled a wife to leave her husband. This was not a case which came within that clan., and the plain- ' tiff, who went on trusting after due notice, must be ' nonsuited. Mr. Marryatt contended, in support of the action, that it was a the case of a woman separating with the consent of her husband, who was bound to pay for her main _ The learned Judge put the case to the Jury upon the facts. and without hesitation they returned a verdict for the defendant. •. COURT OF COMMON PLEAS, MAY IC NATIONAL INSURANCE COMPANY. Annaawa •. ILLISON, & ANDREWS O. GEDOI. Sergeant Pell moved to arrest the judgment in these two cases, which were actions brought by the plaintiff against the defendants as two of the directors of the National Insurance company, upon a policy of insurance against lire. He contended that from the wording of the policy an action of covenant did not lie against the defendants The Chief lustioe.—Take your rule. The public cannot know too soon the grounds on width this corn patty think proper to avail themselves of technical ob jections to drive a plaintiff to look for relief in a cour of equity, after the verdict of a jury has established the justice of his claim, and sequined him of the charge of having procured a fraudulent. 1 can understand a case where an individual did not wish to be answerable, when there were no funds in the society; but where that is not the case— Sergeant Pell said that it misfortunately was the ems here. There was an Midevit which stated that there were no funds in this society. Mr. Justice Park.—ls is important that the public should be aware of that, and be thereby prevented from insuring with a company possessed of no foods. Sergeant Vaughan.—ltly brother Lens is very anxious that the distinction should be known between the Na tional Union Company and the Norwich Union Com pany, of which latter my triend is a large proprietor.— Ruh nisi granted. YoUtt. Bow Sum -..TIIIIBATIRICAL aeas.---On Monday Mr. Glossop, of the Royal Coburg theatre, and clerk of the cheque of his Majesty's band of gentlemen pension ers, appeared before Mr. Birnie, the sitting magistrate, to answer to a charge of assault, preferred against him by Mr. Winston, acting manager of the Theatre Royal Drury-hits. The complainant was attended by Mr. Elbaton, Mr. Dunn, and others of the Drury-lane esta blishment and Mr. Glossop came accompanied by a Js/ numerous party of friends. The assault, which was the sullject of charge. arose out of a circumstance that or caned upon the visit of the King to Druty-lane theatre, on Welessiny wising last. Mr. Glossop, in the MG.- cial wri~reemesomtioned, attended his Majesty to the theeere. and • Ma in livery, who was understood Xto be his sere me pdmitted unto the lobby, or avenue leading le the. hems , as were other servants. Mr. Wittman seeing *ere shortly before his Majesty AIVON sisal to theatre, and asked him this nace lles 0 4 Who are yes, Sir l'' to which the mew mph , d WWI he was Mr. Meow% servant, and upon that bi r. Whose mild eitile Nee of the SerfilliS of the the...- leo, ° NM lib hugliaises boy oet." The order was obey* and ! M acommes servant" was ejected from' do Amuse in sip orressoatious manner. The smatter big se Mr. Glossop, be look it op es an iislinaillipeseend in*, end she following day he went' to she saga dm etDierplans theatre, and enquired edam time Ma Whams esually left it, and was toill at o'clock. At thessiiwa Mr. Glossop toot care to • be is atsentbwee at the awn with a bond-whin, and mien Mr. W. made his in the strew, he west up to him, told hint ddM insult he had received,. and demanded an instant a y. This was warmly refused by Mr. W. and the defendant thereupon said, . "Then, Sir, I shall give you a sound thrashiog." or words to that effect, and amine the action to the word, he commenced an attack with his whip upon the shoul ders of Mr. Winston. The latter threw tip his stick to - ward off the blows, but Mr. Glom), knocked it from his hand, and then putting himself in attitude a-le Crib compelled Mr. W. to a hasty retreat within the stage door. Mr. Glossop then inionlied him, that he should take the same liberty with his person wherever he met him, and went away. Mr. Winston determined upon seeking legal redress for this outrage, applied to Mr. Mimic for a warrant to apprehend the defendant. The worthy magistrate conceiving probably that a public is— vestigation of the affair would be productive of no good • to either v, endeavoured very strenuously to bring. party, enaea....-._ about an amicable arrangement; but be - not oath • oeed. Mr. Winston sustetftbe particulars of the assault • open oath. Mr. Glossop said muse mafioso.. that the • term " Lamp-lighter" was intended to-apply% hint.. and the treatment al her that his servant met with • was meant asaperseod insult to himself.- bir.Winsints • had said, that he (Mr. Glossop) was the pernotreof sill others whom he wished: te• keep ontof thothemea-- Holding sharonnesinolothe royal hoosalsokeehat bit did, . and h this in athodtheeopn his Majesty iothaudifeno of hie Mom 'it was invomildir th at he moll broth so - reel as insalt. Wilde said, that a breach of the • piths Wring hese prosad, his radius was merely the digest that es dshadeat shosM glee tail m key that sod arpater the mosiens. hie. Glossop halms - r i bi ll i s etr Mend itho the nopieed sweeties ,and was.- discharged. Bow-Sumaths-41Ixasrantsie INPORMATIOIP.--On Wednesday Sombre Harness Planer, a young man of genteel apposes's., who stated hieseelf to be a school- - memer, was Inengin up, charged with stealing a 101. and awed IL the property of Charles hat. The that he is ,a taylos- residing at Nap, Crr es e=tseet, re, and the pnsonet was his partinderilieoth Go the 6th of April last ths primmer came to his house and spent the day and evening. and 1 and while he was there, be (promcutor) missed a ten pound and some smaller notes from a pocket-book which was lying in the room. He communicated his loss to the prisoner before he left the house, and he expressed , much sorrow and surprise at at; but observed, "I dare say you will find your money." Witnem-stopped pay— ment at the bank of the 101. note, and a few days since he received a kiter informing him that it had thew paid itt bar Mr. Read. of thellagnigge. Welk tavern. Mr: awed was applied to, and the nose was ultimately unwed have been paid to a licensed victualler at Hampstead. by the prisoner, a few days subsequent to the robbery.— Beinwilied to, be at first denied any knowledge of the tiojr,lstit afterwards said, that it was given to him by Cltarlotte Goodman, now the wife of the prosecutor,.— 'IV prisoner now, iii his defence said, that on the day .in goestion Charlotte Goodman. whom the prosecutor • had since married, came to his house at Hampstead, in a state of intoxication, and after drinking something he ac. companied her upon her own invitation to Mr. Jacot's house- The latter was out, and did come house till morning, and he (prisoner) slept with Miss Goodman. When the prosecutor did come home he was very drank. and sent him out for some gin. When this was drank I more was procured, and then they went out and drank at different public houses, until uo landlord would give them anymore liquor. They returned to .1611:04 . • hawse, Mid they ell went to bad very (think. The following got up and prepared breakfast, and gars Mr. 7 1 : 11 1 1 1 ° , amid Ilm Min Goodman some "cordial". The again- . got teletahly " jolly. and had various amusements. such • as to walk a straight lisle ehalkeis upon the IR h by the bye none of them could succeed. 1 11 1:essearse of the day Mr. Jacot went out. !tarnishes pocket book on the bed. and Miss Goodman having heard him (prisoner) say, that be was in want of money, took out the notes in question, and pee them to cup ining him to keep it a secret from Jacot. Sir R. Baker.—" Pray do you keep a parish os any other public school?" Prisoner.—" No, a private one." Sir R.Baker.--" I do not think your pupils likely to • brash much Isyyour example or instruction..' • Prisoner.—" That's my affair." Mr. Jacot denied mast positively the tam of the ex cessive drinking related by the prisoner. The prisoties was coin ed for further) cumulation. The sum subscribed by the people for the pay ment of the fine in►posed by the Court of King's Bench upon Sir Francis Burdett, which is above 6001. the hon. baronet bas declined toecsept, recom mending the application of it to the relief of the sufferen at Manchester on the 16th August, 1/1 T