The National Register. — London, England, 1818-07-05 00:00:00

,tI4 L.lik' INTELLIGENCE. COURT OF CHANCERY. ACCOMYTAINT GLNIERAL motion of Sir A. Piggott, i& was ordered, as usual, 1;• kccomptant lieiteral's 01fiee should be shut from t.••• 'null of A►gust to Ow dad• of the First Seal ',elute the •••t .%Ilebaelmas Term, in order to give hint Cole to wake t:!‘ 44.;ectuuts. VICE CHANCELLOR'S corwr. IMPROVEMENT IN ellAt Tr course of some obvervations which the Vice Chan. ee% ,•, made, in refet (ice to it report of the Mnstcf , in whch t.• • Master gave his opinion against the validity fit' a title at, (oak!, his Honour said, th..t he thought it would be a seat improvement it, practice, if lie Master, in leis report, simuld always state the grounds of his opinion. The Court roi:ist then elfectually judge of those grounds fur itself. Ile e.cemsdiotgly desired the Registrar to make a memorandum on thi• subject, that he might suggest it to the Lord Chancellor: •I•he Gentlemert ef the liar who were then present concur red iu the utility of his Honour's suggestion. COURT Or KING'S BENCH, IV i.DNEii3.IV. JULY 1. JOHN ROGER; v. raart PockiX. vi et arm's for an assault and false imprisonment. The declaration stated,that on or about the lath March, 1818, the defendant made au assault upon the plaintiff, and impri soned him for a certain 'lumbar of days, by means of which the plaintiff was tunable to carry on his butiness, ace. The defendant pleaded not guilty. Mr. Gurney observed, in opening the faeur, that they would deniand the most serious atteetion of the jury. The plain a jeweller, sought a compensation for a great injury in eicatl upon him by the defendant, an attorney of the Court. Tliere hail been dealings between the parties long before the date of this transaction ; and in the spring of 17417, Mr. Ro gma, who resides in Pall Mall, became indebted to Mr. Poe kin, of Detewstreet,Solio, in a considerablestan upon bills of exchange. The latter took the severity of a warrant of attorney to confess a judgment, empowering him to sue out excretion against the plaintiff's perseat and property ; but in Lc coarse of that year the whole antis due to the defendant ay:a. discharged. Mr. Popkin had, however, taken the pre caution of entering up his judgment, and had lodged the war. met of attorney in the sheritt's office, that his claim, if any, raig!,t be prior to that of any other creditor. In Nov. Isla, ad account:. between the pasties a ere closed, and the rot owing a Atillitia to the defendant, required that the war rant of attorney stipuld be given up to be cancelled ; but 151ia in evaded the demand, observing, that it had been tiled and could not be removed, but the plaintiff need not be ender an:: apprehension about it, as it was done with. The plaintiff rad defendant up so this period had been on terms of friendship, but baweeu Nov. 1817 and March 1818 they differed; the jury would be aware how dangerous it often was to excite the enmity of aii attorney armed with power, and disposed to exercise that power unjustly and illegally; at least the facts of this case proved that it was extremely pe rilous, for on the 13th of March last, without the slightest previous intimation, or a moment's notice, without claim even of the smallest amount, the plaintiff was taken into custody at the suit of Mr. Popkin, on a writ for 1641. besides the sheriff's poundage. 'this conduct could not but excite the utmost astonishment, and it proved of the utmost inconvenience to the plaitititt, 'Alto was in trade, and whose presence must be necessary to the date conduct et' his affairs. No bail could be given, for it was not an arrest upon meme proeees; and it was a uunuh before the commencement of the term, when the plaintiff might have been relieved by application to the Court of King's Bench. 'this Mr. Popkin well knew—his purpose Was to keep the plaintiff as long as possible in confinement. audit p(ss.ble, to ruin him by it. Ile refused to consent that the money ebould be placed in the hands of the Sheriff, to abide the evert of any proceeding ; and the plaintiff was compelled to take out three summonses at a judge's chambers., before he could be released from his state of durance. If Mr. Popish; had only wished for the safety of his debt. he triglit have appeared to the first, and consented to the ;Hs clatter of the party ; kit he delayed to the utmost extent (not being „ m t o t h e nece ssity of appearing before the third sum. tniis), and at last resisted the application. Lord Encabo rangli ,the Vllly judge in Landon, the rest of the bench being upon the rite iiit,) however, directed that on depositing the rr.c my, the plaintiff should be set at liberty. This proceed. u. 4 net npicil no lels than tight days ' from the lath to the 20th of Nlaieli, during wheels the plaintiff was in a loekanalionse in %Vara irk-court, Milburn. As the plaintiff was ;sera etly certain that he did lint owe a farthing to the defendant, either upon the warrant of attorney on which he had taken out ixecllliuo, or (Ahern ise, he applied very early in the term In set asid! the judgment, and after simie discussion it VA- deemed expedieut to refer the matter to Mr. Reader, the barlister, who finally made his award ; deelaring that there Vas not the least pretence for the debt on a hich the plaintiff had been arrested and imprisoned by the defendant. What then could be SAil too severe of any matt also had been guilty of such nalteariLlif oppression but above alt, what could be said of an attoiney of the Court, who had proceeded against his better knowledge, merely for the gratification of his own dark inalieei that malice had actuated Mr. Popkin, was obvi ous from the whole transaction ; but if any China were want_ lug .o prove it beyond contradiction, the defendant himself kat supplied the evidence ; for he had avowed to a Mr. Kitty the next door neigh! to the plaintiff) them his per ptwe ass to ruin Mr. Rego , and that failure limit be the trotweiptence of his impstan iiiii att. The plaintiff, therefore, 11441 a triple claim to compensation I tirsr, the injury and mif fs-rive he bad sustained ; next the consciousness of the de fendant that he was acting illegally and unwarrantably; and lastly, the black and inveterate malice by which it was cleat he had bet's actuated. Mr. Alexander Kelly, of Ne.5,1•a1l Mall, deposed, that never having area Mr. l'apkin before, he called upon him respecting two bills fur 501. Carle, whlle.lh II:1(1 been presented lit his Smaller, and which were accepted by the witness for the plaintiff: for one of them die witness had expected that the plaintat would heave protatled. He saw Mr. l'opkin at leis 11..iir.e in I)eilli•lrtMo 4 , Sulw, wilt/ advised laihll to pay both the bills, as rum actions %%mild be brought upon them, and lie would ultimately its. called 1110011 to pay the expenees. witness a-ktal Mc. Pop Lin if he were ma on friendly tern's will: the paaenuitt ; is. ahheh he replied. " No, quite the re erae ; and to eons hire y ell. see allot I ate going to do." He then ptolliceil a will, idea lying, that it was an caeca:Bon against the mid that lie idlowed it to tlpe witness in confidence that he %%mild tell isahody. lie added, that the plaintiff had 'wed.e .l r . .Lnlaeulvery ill, ill servilig him with a copy of a ss e It lei 'A....letuw nee to utiati s e, the comfit:maid THE NATIOKAI. REGISTER that in the event of Itogcrs's failure, a circumidance vet probable, I preimme the whsle expenses of the four actions will fall upon you." Crosu-examined.—Mr. Popkite.: brother came into the office fur papers during the conversation; the witness had di , . closed on the saute day what was told hint in confidence.— Rogers had been a bankrupt sonic years ago ; the witncts had bonght a lease of him, and paid a small improved rent of 25 guineas to him; but the remainder, 2131.. he paid to oilier persons. He did not ',now that Popliu's brother had pre- sented the two bills for Md. on behalf ol Morland. Gem ge Duke produced the ea US for 16.11. 12s. 3d. under which the plaintiff had !Well arrested on the 13th of March. George Wilson. the officer, proved the ception. Rogers admitted that NO guineas of the debt was for money lent; but he added that he had been made a bankrupt since. Mr. Henry Holditch and Mr. Searle proved the various proceedings with regard' to the s.nunnolises, to the application to the Court of King's Bench, and to the award of 31r. Reader, which was proved by Mr. Roe, that gentleman's clerk. t.arle, on crms.examination, admitted that the arbi. trator Rogers had stated that lie had been indebted to the defendant before his bankruptcy., awl that he (Rogers) bought the stamp for the warrant of attorney. The bill of the wit nessamomited to The plftintes case having closed, Mr. To:,ping, for the defendant, took an objection to the loan of the action, con tending that as the writ on which the plaintiff had been ar rested had not been set aside, trevass vi armi,, would not lie. Mr. Justice Abbott was decidedly of a contrary opinion.— The defendant had not !Availed Ule writ as, a justification, only generally not guilty. It appeared by the avt rid that it was directed to be set aside. _ _ Mr. T9pping submitted that the defendant had had nothing to do with the arrest; he hail- inertly put the writ into the Lund of the officer ; and it had been settled that a plaintiff was not liable for false impri.omitent, unless he was actually present at the arrest of the party. Mr... Justice Abbott.—He is not liable for any irregularity by the officer, but he is liable for the act of arrest, if it be illegal. Mr. Topping then addressed himself to the jury, contending that all the facts were nut and could not be before tl.em, and regretting that the arbittatur had not thought tit to give any direction► whether the present action should be brought. He agreed that Mr. Kelty's evidence, the chief ground for im puting malice, was nut credible .; IN, at all events, that he had broken the confidence reposed in lain by the deli:infant, to whuni he came for advice. Ir..lurtiee A bhott, in summing up, went through the tes timony; his Lordship did nut see any reason for refusing cre dit to Mr. Kelly, a respectable tradesman ; it did hot appear that he had violated any confidence ; lie had not sought it— 'only after the defendant had sle,wit him the writ, lie said that he relied upon him not to mention it again, but no promise was given. It was much more probable that the defendant had spoken imprudently. than that the witness had swore untruly. It appeared, that the plaintiff had been mijostly confined for seven or eight days, tbouch Mr. Pupkin, with perfect security to his own claim (if lie ilvd had any), :ight have released him on the third. Limier these circumstances, t was peculiarly the province of the jury to assign reasonable and temperate compensation to the party for the injury by had received. The jury consulted fora fcw minutes, and foutid a verdict fur the plaintiff—Damitees Sl4l. was admitted on all hands in the course of the proceeding, that the 18.11. I2s. 3d., deposited in the liand4 of the Sheriff, had been repaid to the plaintiff, with costs,acculding to the award of 31r. !Reader. THUMDAY. tußanit AND OTHERS V. WILIANs The plaiMiffs, who reside near Thirsk, in Yorkshire, brought the present action to recoi er from the defe n dant, proprietor of the Glasgow Mail, the sum of :MOl.. being the value of a parcel intrusted to Miscreants, and for which they had never accounted. The short facts proved were the following : The plaintiffs being desirous of sending 2001. to London, ad. dressed to Messrs. Smith of Bow-lane, went to Messrs. Brit. to,,aod Co. the bankers at Ripon. Ou making the necessary deposit, a \I r. Robinson, clerk to Britton and Co., put up in a parcel 1601. pound in one I/01111d, and 401. in two pound Bank of England notes. Ile addressed them as directed by the plaintiffs, and earned them to Mr. Farrar, the post-master at Ripon, stoting that it was a packet of value, and a equesting that he would send his boy with it to Borough-bridge, that it might go by the Glasgow mail, parcels for which were hooked at the Crown-Om. Farrar agreed to send his buy, hut refused to be answerable for the safety of the parcel Rubinson answered, that that was not a matter of doubt; and the loiy, named sturdy, took it accordingly to Stott's, the Crow minn at Itorongh-hridge, a here lie paid 24. for booking ' and 2s. lid. for the carnage. The package an ived in Lo ndon, but was Ott re stolen by a clerk of the defendant, at whose lodgings the envelope was limpid. These particulars were proved by Robinson, Farrar, and the boy Sturdy, enaction the part of the plaintiffs. Mr. Scarlett, who was for the defendant, cross-examined them, as to their knowledge that a notice was posted in the coach-office at llormighinidge, that the proprietors would not be responsible for any parcels delivered to their care above the valued/1 unless insured accordingly. Robinson admitted that he had heard of the existence of such a 'twice in general, but not as applied to the Glasgow mail in par. ticulat. l'ai rar was not acquainted with it ; and Sturdy, the bus, swore th t. at he had srit none its the office, though it WJS admitted no all hands that It was pasted against the wal in large char:whoa. lie hail nese r said that he had seen such a notice, littt Ito had observed it since the loss of the parcel in question. Ale. Searlutt, in his address to the jury, argued, that it wss to be pees omed that the agents to Ilse plaintitls were sepia hat ed wills the existence of the notice. The object Of SCI din; 11.11C11, like this by crotches W4' to AVOW heavy pn• ag , , whirls was chat steel upon every single note; and if part:• a, iJr Ilse ..Ake of *dviii 4 a littli must abide by the ettot , equences. Mr..lnstice Abbott, in sn n unulg np, observed, 11 at the okicet of these notices li citric is was to tin away Ainr their colon 11111 l lAN bi;ity ; but they would Milt Hales% it were shown that the notire hod es•int• home to the konwledge of the party transmitting. It tar jusy found that that knowledge existed Mi i Ite in 111 Ole tiffs, which was not contended, or in the agents they hod ems plOyed to toloc the parcel to the coach otliee, limy would rind a vi rdirt fur the defendant. The July deliberated for souse time, and at is si Ut returned a yes diet fur the plaintiifs, ° JULY 5, COUWV OF• EXCHEQUER. 7416 ATTORNEY GENT RAL v. COATE.I. ow Mr. Deanery stated, that this was a pi Ut,; ;:etion Com• mcnced at the instance of the Commissioners of Stamps against the defendant, who it; a minter at Wirkswotlh, iu Derbyshire, fur the recovery of two penalties of 101. each, for selling mist:is:Ted Alm:mucks, and of the sum of 41. 10s. being the amount of stamp duty upon a quantity of A/inatiacks printed by the defendant upon nustamped paper. That the Commissioneis of Stamps had great reason t o believe that very extensive hands had been committed upon the Almanack Duty of late years ; that the present defendant was suspected of having been concerned in these practices fur many years past ; and that the offence would be satisfacto rily proved by the witnesses whom he should now call. J. Meahur stated, that he was a shoemaker residing at Mapleton, in Derbyshire; he went by J. Potter's desire to Wirksworth, on the 23d of November last, and purchased three quire of slums, (a cant word for undamped Almanacks', ofJ. Coates, and paid him Is. 21. per quire; he went again on the 2d of December, and purchased three quires more ; and again on the 9th of December, and purchased Ore? pines more: the Almanack is called " Paddy's Watch ;" hr delis ered the whole of the Almanucks to J. Potter. J. Putter, k a Stationer residing at Ashbournc, and an Agent of the Stationer's Company in London, who are ma terially interested i❑ the suppression of this species of fraud) stated, that the unttamped Alinanacks produced were those which were delivered to him by the last witness. The Chief Baron said, that the case was clearly made out, and the Jury found a verdict for the penalties, and the amount of duty, BOARD OF EXCISE, JULY 1. THE KING V. GRAHAM. The defendant :s a brewer, residing near Watling-street.— On the .Ist of May, he was detected by W. Royer, an officer, using some liquid, for the purpose of giving his beer a high colour. There was a quantity of the liquid found, and it was• stated to be burnt sugar mixed with-molasses. In the deknce it appeared, that he had not long followed' the trade, as he bad been a brewer only one year He said, that he was ignorant of being liable to a penalty in conse. queme of using such liquids. He was convicted under 11, penalty of 51. THE KING V, MANN. The defendant is a wine merchant, and on the 25th of April, he was asked to send 109 gallons of wine to a Mr. Meat*, who resided in the next street to him. While it was convey ing from tile defendant's premises to Mr. Mears, the officers discovered it and seized it, in consequence of no permit being with it. J. Briar., clerk to Mr. Mean, proved that on the 25th of April he had written a requiry for a permit, of which the note was in the book belonging to the counting-house. It happened to occur un Saturday, and as hits business required him to go collecting on that day, he put the reqiiiry into his pocket with all intention of procuring a permit t'or the wine in question. On going for the permit he islet a man who was to pay smile money, and having forgot the reqniry, which re mained in his pucka, he proceeded through different parts of the town collecting. The book was produced, and it was proved that the notea reentry for the permit was made prior to the seizure. The wine was therefore ordered to be restored. 'f he following publicans were convicted of having in their possession spirits, which being under proof, were forfeited : J.l'. Alacaldry, who resided in Smithfield T. 'f split], who keeps the sign of the Ship, in James-street, Covent-garden ; W. Irby, of the sign of the &tapes, Duke -street, Lincoln's lnn•tieWs ; an4l S. Paruey, who lives at the Bull's Head, in Whitechaptl. TITE KING V. NICOLI.S. The defendant was convicted of having an unlicensed stilt in full work in Markes-street, Islington. lir: was ordered to pay a 'nullity of 501. Pats GREENWICH Miiitornmts.—Tuesday evening, as some lal.ourers were cleaning out a pit at the back of Mr. Litton's house, in Greenwich, they found a large non hammer, corresponding with the description of that with which Mr. Bird and his housekeeper were murdered. It was brought to Mr. Biguell, the aolicitor, who took it to Mr. liirnie, at Bow street ; when an order was given that every exerin should be 'nude to find outtdte owner. nit EA lit s r Symms: "am ATTEstrr—Thursday morning. about one tr`olseek, the attention of one of the beanies, stationed on the Varela Bridge in St. James's Park, was attracted by tv - o females. who were crying. conversing, and shaking hauls with ova ii other, and in a very thstressed condition from their ap pearance : he took no farther notice of from, and marched backward and phrward on the bridge, till at length he saw than salute each other and part ; one of them went to one side Of the bridge, and the other mot:ceded to the opposite side, and, climbing oa the balus trades, hung by their hands ; the sentry instantly ran to the ore who was the nearest to him, and laying hold of her whilst suspends 1 from the outside of the balustrade, effected his purlieu: in sating her lire; during diis interval, the other woman threw herself into the water and was slrowned : the soldier gave the idatm. and `ODIC per. sons came to his assistance, to whom he related the ease, and with difficulty the unhappy woman that was saved .tat conveyed to the workhouse. Drabs were immediately provided, and in about half an hour after, the body of the unfortunate woman was got out, but way quite dead and was carried to the workiu use for the Corona's inquest. The woman who was saved gave the follawing account of tht cause of this melancholy circumstance :—She stated her wane to be s.lary Carpenter, and her husband is a soldier in the Guards. The other woman's name is Awger. and het husband is in the same regiment; that the deceased and she were companions, and brought the greatest distress o n th emse l ves by drinking, in consequence of which their husbands would not let than come near them and maimained their children themselves. They had been out drinking all that dry ; and not having a 'edging to go to that night, and not being able to procure one, they agreed wish one another, OM the purpose of ending their miseries,) to drown themselves. and procei led to the Pagoda Bridge for that purpose, what, after shaking hands with each other, they parted ; but the sentry oh. , erving their intention, ran and prevented her frcm throw ing herself into the water, while in the mean time the other effeacd her purpose. She Nitta that she was stall determined to carry her intention into area, as soon as ever she had her liberty. She seem d in the greatest disttess. having no shoes or stockings on. and mily a gown. handkerchief. end bonnet ; and about 30 years of a mt . Tuesday as the melt employed in puffing down the workshop of Mr. ‘Vilsun, situate oa the west sale of the M'aterloo-bridge road. new the Strand, were proceeding in their avocation. a heavy chimney fell sawn with a droullisl trash, broke through the roof beneath, and had well nigh proved fatal to several of the labourers ; fortunate.). only one ofthem was seriouslc injured, his kg being fractured ey oat of the beams falling on it. the accid e nt occurred through cutting away the joist which supported the chimney, of which eircumstunce the men were not _ .. A few days .hire the tire damp exploded in a coal-work at Pcn oingten m bluopa:dre, and L.m taco acre ataaly burnt to tkatla Emu