The National Register. — London, England, 1818-11-16 00:00:00

GV INTELLIGENCE. coußr 01 CHANCERV,WenNriDAIGNov.II. 11,E. ATTORNEY-GENERAI.%. THE DUKE 01 IKAHLHORDUGH. The Solieitor-Ormeral crated that this was an infolmation he the Attorney_Cencial, at the relation of (31arlis sl•t et Pt Churchill, cum 111111 l ly called the Marquis of Bland (t d, and others, and it prayed that the defendant might lie ro.tr, ' .d from cutting down timber on the manor of Blew t w i n ,. The motion was made itpon proper atiidavit and resto.l on the provisions of an Act of the 341 of Queen Anne, by which the house and niatior of Blenheim, and divers estates, were critic(' for his eminent sery irea, on John, then I)uke of Marlborough. The preamble of that Act distiuctly p..inU•d out the object of the legislature to have been, to make •iteh a provision for the family and ile•cesidants of the Gist ancestor, as should be sufficient to maintain its dignity, amt not to cr eate an estate tail, or enable any successor to alienate the property. Toe 1.0r.1 Chancellor instantly granted the injunction. ()b -eery mg, drat he entertained no donbt with regard to what bad berh the intentions of those by whose gilt the estates in question had first vested in the Marlborough family; it was, however, !tun open to consideration what were these tights of a tenant in tail, or of tenant fur life, which the .I‘t of ‘141111:11t had lett unrest' ained. COURT OF KINGS BUNCH, TwinAr, SOY. 10. • 'I lIS ZING AGAIISST BOA PITCH AND OTHERS. The defendants its.thie tame, it will be recollected, were flied at the last Dorchester assiaes, for a conspiracy to 'ambler Miss Maria Clenie,'lt young lady only la years old, from the custody and care of her moileir, and a Mr. Tuelsete, w Imo had married her aunt, without thee' knowledge or consent. The defendants, by Mr. Scarlet', their Counsel, now moved for a new • . 1, oo grounds which will p resentl y be stated. The whol e p member of the defetulaetts were obliged to appear i ia perstnial . in Win ler this purpose, as is awey the 'ease in mowing: far *Mew filial on i n dictments f o r s or a conspiracy. They sve i ee,tgu in eniamber ; „James and '''idiom Ilowditele 711(%•11, Paid and Snell; ikrrs. Bowelitch, Mother' ofJmnes and William ; Susan .and Jane hoe thmaillecs t Mrs. Vattl,- Mts. Snell % • and Mrs. I%loe - eine. James Bowditch, the young malt to e -Miss tlehn was to have been Marri ed, appeared ; mise si• up" of 22, rather slender, of the middle. 01 0. height s ;aid fatA;conntemenge not empleasine. lie was di e„ se ,g lii a blael,Ajoat. fellow kcraeymcre waistcoat with metal hjet tons, a i iifletweilitcoat, aud * spotted ueeteildtlr; I leather Imevektreseind jockey boots. In other word •• ' ' .. pialabee. (l` ''ash we describe minutely, as perhaps o it p soe. consequence 'Be • k ease of this sort) was WAS Sle•AltrOlti called! wentleuten farmers. • d . . 7.. X. 1 Chief Justice Abbott ordered a seat to be colanttfor Vie. ladies, in respeet teitheiesex. : Is' e- . - .., •.. Mr. Scarlet' then proceeded to state in detoil,lfirctillse Clime snit spunthe triii,and the evidence of Mssrenti Sind Mr. 'Puckett . The ground on which he 'unveil elk i4eetif• tried welt.. first, that the verdict was againatevideoce ; se condly, that he had of lasits in greet siumiher to contradict the evidence for the Crtion, the greater inlet of which was a site-prise on time defendants. The learsiedßomisel counnented upon the manner in which Miss o!eiin 'gave her evidence; ' en her composure.clearness, precision and apparent modesty, all of which had had a very remarkable effect upon the Court and all alto were present. The main pillar of the proscen_ lion was the evidence of this young lady ; and one part of the defence set np se as, that she had represented herself to he .of age, hail every appearance of being so , a n d that the defen dants fully believed her statement. In answer to her testi mony, they proilitce ti there letters (one of Which• was ad alitto:J to be of het hand writing), ;trill Feventeen witnesses. It Biers rdiet given was right, not only was this one of the foulest and most .I;sgrareffil conspie acies that had ever been brought before hue oolitic, but seventeen witnesses must all of them have been guilty of perjury. Filly persons had now come for ward to swear to facts, the existence of which colt:indicted Miss Glenn's statement in the mo.t material points : the remainder of the deleme went to show that ;he elopement was assented to he the yoting lady, and the match proposed one of her own seeking. The manner he which the young lady's testimony . was given had such aim (Wire' upon the whole Court, that the .lelesidenis naturally tried to affect her credit; hut in this pam lof ilie to ialtwo witnesses gave their evidence in such a mainist, as required some explana. tiou. Mit% Glenn had denied the existence of any familia' i. ties between her and James flowditele. A witness who was called to state that he heel seen theta together upon a footing el intiiiiaey, having proved the tact, was called on to say whether Miss Glenn. then in the witnesses' box, was the person lee saw with James Bow-ditch. He replied, no ! this ca.efe like a burst on all present, and had such an effect on the learned Jadge, as indeed it well might, that he summed up strongly against the defendants. It was late, however, in the evening alien this witness was called, the collet was almost dark, and the witness Was evident!, in a slate of in. easication. There were not, three witnesses who had made atlifievitt of hat Mg seam Mess Glenn with J. Bnwditch nu the occasion in fpif.AilUii. The defendants then proceeded to , show that 'Miss Clem was on such terms of intimacy with the family as to have attended a christening, and stood god needier to one at Mw. Mule-Ames children. The clerk who WAS called to move i.er attendance at the christeuing, on looking Miss Glenn ill the face, said, lie thought she was not the pers 111..1:1ns second denial seemed almost conclusive to all p rese nt. But he had fourteen witnesses who had 'snide affidavits of lams, the existence of which was utterly incom patible with Mist. Gleam's nut leaving been present at the christening -. and the clergyman who attended had prepared instructions t 4 act athd.ivit, but !Lel diet before it was sworn. The leaf ned Carousel then read th letter which was ail. nitted to be in Miss Celetin'a hand writing. It was a letter to a friend. in which, among other things. she stated site was Mitch altered, and appear-mil note!' older than she was; in.onnieli that her a , llll 101 !Alf li.ei said, if she did Hot know her to be f I\l e en, she could not believe her niece to be less than twenty. Of the other two letters, thf In gii ills deified them both at the ttial, one v..a. adlressed to James Botsditch : amid Mr. ()%ell• 111111, the aq.l! II C::. '15 . 01 C, that when she had called at his °thee with Mr. Timken, she had admitted the whole a this, except the direction, to be her own hand writing ; and It was rennet kahle that she herself stated at the trial, that the letter which she had been forced 1-m write at Mr. ()sentient's, ate the presence of Mrs. llowelitria and Mrs. Mulraine, emit AMA instructions to James Bowditeli haw lee was to proceed. This letter them s tated, that she w as .d . age the A moist precerling s and detected James Bowditen to buy a license forthwith. 't hr letter was dated the 11th of September, ;teed the interview et Osenhain's took place on the one. If this letter was Miss Glenn's hand *ru ins, Billowed that Site was as much implicated ia this atlle6ed THE NATIONAL REGISTER ' -- con spiracy as any of the defendants; and that James Bow. ditch had every reason to believe her 21 years old. The Learned Counsel then read the third letter which Miss Glenn had denied when at Mr. Oxenhanfs, with her uncle„as well as ar the trial. This letter expressed a strong wish to see Mr. Bowilitch; and lie put it to the Court whether all thethrre were not in the same hand writing? (The letters were here hand ed up fur the inspection of the Joitges.) These letters had never been submitted to the inspection of the jury. There were three princip3l points on whirl' he had supplemmitary evidence. He would not say, that out of the 59 new wit. nescec he was ready to produce, some might not speak to the *MC CICIM as might have been deposed to by some of the 17 ithesses who had already been examined ; but he Would say, that by far the greater part of the tarts deposed to by these 50 new witnesses. were such as could not !rase been furnished by any attic 17, and such as the defendants could not have been preps red to produce on the l'u•nier trial. As to the letters, lie had the affidavit of Mr. Kingslade, an attorney at Taunton. Chief Justice Abbott.—flow could the defendants have been taken by surprise by `hits Glenn's denial of the letters, when she had denied one of them before Mr. Orienhain. their own attorney ? Illtead your affidavit ; though it is not clear that it can be admitted, unless you show that the parties were taken by surprise. Mr. Scarlctt said, he was aware of the difficulty, but Miss Glenn had distinctly admitted one of the letters at Mr. Ox entrant's, and this had put the defeenknts Of their emir d. Chief Justice Abbott.,—Was sheexantined as to what passed at Oxenham's? Mr. Seattete—She was; and denied her admission thrre. The ordinary way of proving hand-writing was by eaiing persons who had seen the party write, and were acquainted with the hand; but when the is unexpectedly denied, there are cases to show that supplementary evidence may be resorted to. Witnesses were called who were ac quainted with Miss Glenn's hand-writing; and Mr. Kinslatie states in his affidavit, that Mr. Tnekett's soticitor hail said, that in case Miss Glenn denied the hand-wilting, Mr.Tiickett would examine competent..peramis, and if their opinion was against the lads, i.e would drop tltc pioscrution. Could the defendants niter this have supposed that the letter •would have been denied, .inlets the lady was the basest of woman. Chief Justice Abbott.—Yon express yourselfeomewhat too strOugly. Mr. Scarlett, Mr. mcarlett.—Perhafis I might, my Lord ; hurt it was 11C. cessary for tee to express myself strongly, in oitlrr to pas e the way touiffidavits•ssf the most c pettil,and respectable persons in the Post-office. Moils, and a kli e r public offices, who all state that the handwriting of Ih7 letters is not feigned hand, and they haSe no doubt of their being the same 'band. I sin aware that such evidence dtruld out have been micas at the trial. ClOfJustiee Abhott.—Then how camive receive it here? 111. r Sciirlett.—My Lord, the Court utiOn receives evidence that eon*: admitted before a jury, 41, for instance, affidavits nth& by the dtfendant kinisejf. Mr. Justly:et Ilayley.-,That is to rPistove some wrong im ,pression that the Court relit otlierwite form. Mr. Scarlet t then eon led, Oho when Nitride of evidence, rejecting the imintons orNissipelent perstans concerning hand writing, was laid down, iVlicas•lhotigletliat all men were equally competent 111 forii jtidgment upon the subject ; but ' now, since the estahlishrisent of the post-office, and other public offices, which did ; not then exist, it is known that persons concerned in those offices are more skilled in judging of hand-set iting than others; be hoped, however, that part of their affidavits might be recelAd which stated that the hand I were not counterfeit. Mr. Justice Bayley.—Was Kingslade called ? Scat le tt.—No. Mr. Justice Bayley. —You did not expect his presence would lie necessary. air. Scarlet' then slated, that Chsenhain swore, that before the occasion mentioned at the tiial, lie had never set eyes on Miss GI( nu. She swore that she met him in the street ; and there are affidavits to show that lie never quitted his office (ill the night of the day on the morning of. which she swore She MCI I . . There was a good deal of theatrical effect in the description she gave of Oxenham's person, his having a sweaty face, age. ; and this was not without its effect upon the Court and Jury. Here there was one material contrailie tion in the Lady's evidence. He should now mention another ; she was present at the christening of Mrs. Nltilraine's child, but all the others who were present were among the defer. lanes except the parson and clerk. She denied hissing been there. Could the defendant hove anticipated thus? Thiele were now 14 witnesses who swore to facts which cou ld not have existed unless she had been present. If these were all perjured, the conspiracy was broad indeed. They swore that she desired to lie god-mother, and went into particulars of her dress ; when she first went to Mrs. Rowiliteles she wore a very plain dress, but she went to the christening in Mrs. Rowditch's gown, and with a spencer and parasol of Miss Susan Bowditch's. In this dress she met as acquaintance of her's, named Goldsworthy, aai afterwards stated that she was so well disguised lie did not know her. He lead also the evidence of a music-master, who attended at Mn.s Boy/ditches on the evening of the christening. He stated, that she played on the harp, and he accompanied her on the piano ; that she said she had beon present at the christening that morniag ; that it was usual to kiss the godmother on such occasions, and proposed that lie should kiss her; that James Bowditch, looking displeased at this, she said it was only nonsense, and went immediately to awn(' by him. It was true the clerk, ho was present at the christening, was called, and said he could not swear she was there. But the clergyman, who on. fortunately was now dead, hail prepared instructions for an affidavit, which instructions conld he produced, and his hand writing proved. The learned counsel, however. expressed his fears that these inswietions could not, consistently with tile rules of evidence, be introduced into the affidavit. The Court.—You may make affidavit of the clergyman's death. Mr. Scarlett.--It could be proved that this clergyman, Mr. Clapp, was too ill 10 attend at the trial. lie should Dow pro. ceed to that part of the case which respected Miss Glenn's familiarity with J. Bowditch, and he should divide this into two parts—the familiarities that took place while 3lnis Glenn resided withi Mrs. Itowditell, and those that occurred during the elopement. 111:2 shout show the familiarities that took place at the farm, by zo witnesses. If they were not all perjured, she most be so: but their evidence proved the deteiniatir, eerie conyletelv. She appealed publicly, walked out repeats illy with James - Bon ditch, boasted of her intimacy itli him, said that its her country young women were married very early, and was surpri,ed that was not the case here.— Sire wished of all thii.gs to be a farmer's wife, and longed to make tau buttes,' and attend to tin poullry as sin bad no NOV, 16 certain expectations, she said that a farmer would by Ito meanKbe a had match for her. He (Mr. Seat lett) was sorry foe the young Indy, lint justice ;mist be done, and the origin of all the hnsinc•s hail proceeded from her. He shonld now speak of the familiarities that took place during the elope ment ; he had i witoesaes to speak to these ; that she had s ev e i a l times lett her uncle's house by assignation: that she hail been seen often walking in the town V 1,111,1411114 Bow ditch ; and frequently at the lions'. of William llowditch.— These were strong tauts; but he had to explain the evidence of Sarah Northam, who said that on one occasion she saw Miss Glenn walking with James Itowilitch, and on looking at her in Court stated that the lady theie was not the same person ; now he had to produce three persons who wet e pre sent on the occasion in question ; who swore that the person with James Bowditch was Miss Glenn, and that Sarah North ham 114 d said so herself to them. This was the ease of the drti•udants. There was no reaiun why the Paula should have been joined in the indictment, except to exclude their evi dence. Mr. Justice Bayley.—But - for their concnrrenee there would have been no evidence of any conspiracy in the county of Dorset. Mr. Searlett.—That was true. It was of infinite import', mice to public justice, that a numerouss and respectable fa mily should be cleared of the stigma that unjustly rested un them, in consequence of this verdict. lithe artidavits cn which lie rested were all false, lie mast have brought with him a volume of perjury, such as never before disgraced a Court. 114.11341 also an objection in point of law. The to_ dietment was preferred in Dorseishiri ; but the conspiracy, it any, took solace in Somerseishii e; all that occurred in Dot. setshire w as the 11.o:idiots given the parties by Mr. Paid ; their should be at least some evidence to show that lie kiwis- of a critnimtl design. If a young lady who had every appearance of bring of full age chose to elope, it was very hind that a friend who received the pat ties, knowing nothing of the eircohistanees, should also be implira tett. An affidavit of William Illowditeli stated, that lie and all his faintly believ ed from Miss Glenn's repeated asset lions, that she was VI year: old ; and that when they arrived at Mr. Paul's, and she denied her being of age, he advised his urotteer to give the thiag up, and prevented the marriage. Mu. Justice Bayley. —She stated at the trial, that an elderly gentleman at Mr. Paul's had asked her age, noel upon its be ing slated, said the marriage would not do.. Mr. Scarleit said, be had several witnesses to contradict leer statement of whist passed at Mr. Paul's. At the late trial Mr. Templar had stated, that she ate her dinner as usual, and exhibited no signs of distress ; and two more witnesses nentttated, that she was sitting on James Bow ditch's knee 'diving at dominos, with her arm round hisneck. The pro. , reinter, did not call Mr. Lee, (Mr. Tnekcit's solicitor,) who had fetched Miss Glenn back from Paul's, though he was in Court all the time, against the will of the defendants, all the witnesses having been ordered out of Court during the trial. Mr. Gagelee stated, that Lee was subpamaed, and that it was'put to the prosecutor's election whether they would re. Wei r him as a witness, or send Oita out of CAW. No objec— tiOtT was made to Ins staying in Cote t. Mr. Scarlet contended that Lee ought to have been called, 43 - added, that Oxenham, the defenil.int's attorney, wrote a note to desire that Lee might retire. tie tru,led that, on the grounds be had stated, the Court would grant a rule to show cause why a new trial should not be granted in this matter, and insisted that, in point of law, the remit of the indictment ought to have been in Somersetshire. . . . Clitef Justice Abbott..—The Court don't think you likely to succeed as to the last part of your ride respecting the venue But as iiliS is a ease of great Importance, and it is impossible for the Court to proceed with too much caution It the admi nistration of . justice, they think it proper that the business •hould be sifted to the bottom, and giant a rule to show cause why a new trial should not be had in this cave. Mr. Scarlett then objected, that husband and wife had been improperly joined in the inefettnent. But The Court sant, that being but one in law, they could not be joined fur the purpose of constituting a conspiracy when there were no other parties ; but as there were other parties here, no objection could be taken. Mr. Scarlett then stated, that the part of the affidavit con taining the instructions left by the clergyman should be struck out, and asked that the remainder might stand, to which the Court wk•elittql. In order that both parties might be prepared, the argumeat was postponed till some day next term. One of the female defendants wept daring the whole time she was in Court ; as did James lluwdich, when Mr. Scarlett read that part of the evidence at the trial which mentioned Miss Glenn's apparent regard for him. WEDNESDAY. CARR V. REV. -- fill &FLOE. SEDUCTION.— . I his was an action brought by the father of a young woman in the service of Mrs. Shat toe, for the seduc tion of ins slaughter, as we understood, by the Inishand of her mistress. The plaintiff was nonsuited. on the ground that the relation of master and servant did not subsist between him and his slaughter. Mr. Scarlett now moved fur a rule uiai to set aside the nonsuit, on the ground that the young woman, being tinder age, and the father receiving her wages, he had such an interest in her person as entitled him to bring 1114 action. A parent had such a controul over his daughter be fore she came of age, that he could prevent her making any contract for a service that lie disapproved of; and fu case of ill-treatment, could have her restmed to his custody by writ of Habeas Corpus; while lie could not interfere wills her en. gagements or conduct after site was of fall age. He refer red to 3 Barrow, 1.478 ; and to Dean and Peel, 3 East, 13. contending that the biller, denied that the distinction cetween the female's being a minor, and her being of full age, bould mike any difference in the action) was not sufficfcoßY considered. But The Court said, +hat though it might he regretted the law was bootie relation of muster and servant insist subsist, in order to enable a plaintiff to sustain this action. Where a plaitititi was father as well as master, the juey might, per! hops, increase the damages ; but Were roust be some service, however slight. Mr. Justice Bayley referred to the case of Ssitterthwaite v, Dowlmrst,23 tie°. ILL decided by Lord Mansfield.--Rule refused. PIERSON V. WILLAN CARRIERS.—This was an action against a carrier, for the less of some cloth. The jury gave a verdict fur the plaintiff to the amount of 30 per cent. out the value of the cluth, Giungti it had not been entered at Wilhite. office. Mr. Seiselett now moved to set aside the verdict, on that ground atilt! construction to be put on defendant's notice, which was, that he would not be answerable to eater MINIM