The National Register. — London, England, 1822-07-07 00:00:00

comr OF COMMON.PLEAS. WLUNLSIMY, JULY 3. SADLER v. GOTOBED AND OTIIERS. This was an action to recover a compensation in damages for an injury done the daughter of the plaintiff, by the negli gence of the defendants. The deft:Wants arc proprietors of a stage coach running be tween Ely and London. In May last the daughter of the plain tiff took Baca( in this coach for conveyance to the country. — The coach was described to be old, the springs bad, and the luggage heavy. 'fhe passengers remonstrated, but no attention was paid to the cOmplaiiil ; on the contrary, the coachman took up a package, in addition to the luggage, si‘ feet long by four feet broad. Arriving within a short distance of Ely the coach was overturned, and the plaintiff's daughter was crushed under this big trunk. Unfortunately, she received several severe contusions, and her latlicr was put to 701. expeace for medical assistance. Mr. Marryatt, who opened the ease, was proceeding to exa mine the first witness, when Mr. Scatlett proposed to have the questiou of damages settled out of court. The proposition was acceded to, and a verdict was taken l'or tint plaiutitt, sub ject to a reference. TIIURSUAY, JULY 4. Dor r. u. 11011145. Mr. Sergeant Lens stated that this was an action lirouglit against lb., defendant, the proprietor of a solphoric acid ISlMUU lactory, near Norwood, fur a nuisance in the emission of the vspour. The learned Sergeant called several witnesses, who proved the noisonce. Mr. Sergeant Vaughan, for the defendant, proved that the manufactory had existed since litY.), and that the plaintiff* had come to reside on the spot in question in lbw,. since which time the nuisance had been materially lesseoed instead of being increased by an improvement of the condensers and the retorts, by which less vapour escaped, and more acid was produced. It was clearly the interest of the defendant to prevent the escape of the vapour, us he would than obtain a greater quautity of acid at the same txrettee. The Jury seeming disposed al once to find a verdict for the defendant, Mr. Sergeant Lens chose to submit to a nousuit. LONDON SESSIONS. ..r. On Monday last these sessions commenced at Guildhall, helot e the Lord Mayor, Recorder Mr. Sheriff Venal)les, AIIICIMII.II sir .14111 el Shaw, We'd, J. J. Smiat, Heygate, Cox, and Iliowno. The Recorder, in charging the Grand Jury, congratu lated them on the lighttie s of the calendar, though it was sonic abatement, lie said, of the pleasule they t feel Irmo that cite ttttt stance, that of the seventeen cases it contained, eight were for street robberies, a species of crime that had of lisle become alit • gly prevalent. Should any convictions for that offence take place, the con it would at., its duly by making an example, which lie hoped might he sufficient to cheek it ; but it the present punishment which the law allowed should be found inade trate, it would then be for the Legisla t ure to consider the expcjitmey of restoring the law to what it was a few years ago, when a heavier punishment would be inflicted than was at present allowed. Horatio Orton was put on his trial,on an indictment for assaulting Joseph ed Parkins, oil the 'Silt of May. Mr. Chalks Phillips briefly stated the principal facts of the ease, as they wet e afterwards proved in evidence. .1. W. Parkins examined by Mr. Phillips.—Witness had seen the defendant at the dour of his office, in the house No. 10, Bridge-street, Blackliiars, on the Ist of May, abort eleven o'clock iii the morning. A person of the name of Hill, who was in his employment, had just then left the °thee, but returned and said NIG Upton wanted to speak t him. lle immediately went to the door, where lie saw the deli ndatit, who said to him, " I low dare you, Sir, go into my room and take my paps s ?" and instantly struck hint ou the face with a stick he took from under his coat; there was a man standing between them, whom the witness pushed away and got into the passage, which was rather dark; lie was instantly seized by two dogs; one of them caught him by the calf of the leg, mid the other by the ham-slings; the pain was excruciating, and he cried out, " Fur Owl's sake take the dogs off my legs." The defendant continued all the time beating him with a stick as. fiercely as lie could. Witness extricated himself from the dogs by kicking them with the other foot, and wrenched the stick horn the defendant, who continued to sta Ike him with his lists. In the conflict the tlefesida.ll went down. Witness lifted him up, and while he was in the act of doing it, the defendant scratched his face des perately. Ile had eleven wounds tun the thigh, given by one dog, anti Iwo on the calf of his leg, given by the other. Mr. May, a surgeon, was sent tor, and dressed his %summits, winch; confined Min a week, and prevented hit s l'4 ping a wink the liist night with pain. One of the wounds oh his kg was not yet healed. He had not give n tic 'kleinlaut the least i.rovocation, nor spoken to him alien lie was assaulted by him. Cross-examined by Mr. Adolphus.—lle knew the Con stitutional 'Association had an office at Nu. 6, in the sante street; lie was in it once • he did not know they had an office *miler the same roof with his own. He once got Bunt a waiter, in the house where his office was, a paper which lay on a table in a passage it appeared to be a cir cular, but was rugged and toi n. On being asked whether thc paper related to the Con stitutional Association, he said lie should refresh; his incinory by looking at an extract he bad made horn Th. Times newspaper. Wittiest then proceeded to read the extract, when lie was interrupted by Mr. Adolphus. Witness still coldimied. Mr. Adolphus (with vehemence.) —Will yon act, Sir, like every oilier witness? Mr. Paikitis.-1 will, Sir, when you examine me like a gentleman. The Recorder then interposed. Dlr. Adolphus.-1 ant nut, Sir, to be interrniskil by these observations, which are made for the purpose of exciting lankier. An advertisement has been put in the papers this mottling, fur the purpose of bringing a mob lie re. Mr. Phillip*.—That observation should not be made. Mr. Alderman Browne.-1t is an observation which should not be made in cotirt. (Some hissing was then heard in court.) Mr. Adololms.--There, now, you have the truth of my observation.—(tfore hissing.) Mr. Alderman Ilrowne.—'That hissing was excited, sir, by your observation. Mr. Adolplitts.—The count is bound !ty law to defend ;tie, and I must receive the treatment of au Advocate. The cross•examination Wilt thou COIIIiIIIIE4I. lilt paper Le gut trout the wailer ruhttliuttl crothiug THE NATIONAL REGISTER about the Constitutional Association; by seeing Mr. At kius's name, and the name of Charles Murray, Honorary Secretary, be supposed it belonged to the Constitutional Association. He never sent it to The Times, nor any other newspaper, for publication, nor aloes he know who did. He believed his clerk took a copy of the paper at 114 de sire, but hail not seen it. Ho took so link notice of the paper that he cannot say how long it was alter lie saw it the defendant called on him. He did lint push the defen dant beluie lie was struck by I ' . The stick with which the defendant assaulted I • was twice as large as the one lie had with him in court. 11e struck the defendant as often and as hard as he could. By the Court.—He went ont the next day on a gentle horse, but was obliged to return in a roach—he also went out three or lour tunes in the course of the next week un urgent business, but with great difficulty and pain. Septimus Wady, of Fleet .street, Illageult, stated, that lie was sent for by air. Parkins on the lath May, and found several scratches bleeding on his face, about the integu melds of his eyes, and several lacerations on his legs and thighs; the wounds were rather severe, but n u t extensive. Ile attended Mr. Parkins a foi might or three weeks. 'the vroilials woe eo tar lull mud that they might confine a person a day or two, and he advised Mr. I'. to lay by. Joseph Gill, the person who delivered the message from the defendant to Mr. Parkins, corruburatsd the evidence of the assault in every particular. Mr. Paiktits used uo violence of any kind betine lie was struck. William Walker said, that he was proprietor of the house, No. 10, Bridge-street, in which Mr. Pm kin. had a Town entirely appropriated to himself. lle (the w inn SS) saw the defendant a day or two after lie had committed the assault on Mr. Pai ions, and aveused Idia of breaking the peace in his house. The defendant said, if he (the witness) did not take care of himself, he would serve Wm the saute sauce as he had Parkins; lie was glad of what lie had dune to Pat king, anal wished it had been more. The case for the prosecution closed here. Mr. Adolphus addressed the Jury for the defendant;and the Recut der recapitulated tie: evidence to the Jury, who without any hesitation found the defendant guilty. After some consultation on the bench, the Recorder addressed the defendant. He had been lotind guilty of 311 unprovoked assault on the clearest evidence; and his neclaration after, that lie was glad of what lie had done, was an aggravation of his offence.—The sentence of the court was, that lie shauld be imprisoned two mouth* in liatspur-stteet Compter. MIDDLESEX SESSIONS. PERJURY. WEDNESDAY ) JULY Kiteller was iodicted for wilful and cot' opt perjury. Mr. Cooper stated the case for the prosecution, which, he said, wat carried on at the suit of Philip Vincent, a very old man, a farmer at Sudbury, in Suffolk. The two seentut's son, William Hayward Vincent, who carried on the business of a chentist au.l hatter, iu Sudbury, being iii embarrassed circitinatances, was arrested, and went to the King's Bench prison, where he hail the mistortuue of having the defendant for acl . From their living hi the same room, an intimacy took place,aud the defendant assisted Vincent in preparing his bchedisie, when he soon . alter applied to tile Insolvent Court , to take the benefit of the Act, under which lie was discharged in the month or February, 152 1. The defendant was discharged by super - seatius die same day, and went down to the (mildly on an invitation from Vincent, where lie remained tor souse time the successive guest of W. H. Vincent and his father, and endeavoured to make himself useful to them. In the course of some weeks, however, he was given to under stand that he might take leave, and lie did so ; in a short dine atter the family of the Vincent, were astonished by receiving trot him several letters of a most extraordinary nature. 'flue learned gentleman here read the letters, tear of which were signed by the defendant, and a huh signed Philip Hawley, was afterwards moved to lie in the defendant's hand-witting. The letters siatied by the de fendant demanded compensetion from W. 11. Vincent, under pain of disclosing to his assignees concealment of property from his creditors; lie also threatened to inform against him ter having a titivate still,attd the letter signed Hawley, addressed :also to W. H. Vincent, stated that he knew the deleattlant intimately fur Is years, and that lie I was the t vindictive man upon earth, and it lie (Wm. Hayward Vincent) did out make liim some compemation, lie a mild •certainly be the ride of him. All twat letters and ducats, said the learned counsel, were disregarded ; no ansaer was returned, and the defendant, in ptirmance of his design, applied to the assignee of W. H. Vincent, and Millie au altidat it, charging him wilt having con cealed a variety of property from hi, creditors. The con sequence of which was, that W. 11. Vincent was again called before the Insolvent Court and I.e-ea:wonted, and on the testimony of the defendant his discharge was revoked, lie was remanded for three years, and it was only by an its egularity in the proccediegs of the Court that he obtained his discharge. In the affidavit sworn by the defendant, charging W. 11. Vincent with concealment of property, he had deposed, that in the month of January W. 11. Vincent was visited in the King's Bench prison by his brother Philip, and that W. H. Vincent inquired of his brother whether he had got the note for InUl. that he had left with his father when coining to town to go to prison ; and that Philip replied that lie hail,aud produced the note, at which W. IL Vincent expressed great joy, and said it would be a good thing for hint when he did get old, if lie could keep it flout his assionee, and returned it t, Philip, with directions to keep it sate. 1. .1 this charge the perjury was assigned, and both Philip and W. H. Vieeent would prove that no conversation took place,autl that no note was produced, which would be also proved by a witness of the name of Turtell, who was also the chum of the defendaot and W. H. Vincent, and in the room all the time Philip Vincent was with his Mother. Their mother would also prove that W. 11. Vincent gave his father the note which the defendant alleged to have seen, in payment of a debt, in the middle of the year Ititt, and thud she hail it its her possession ever since to the pi email morneut. After such evidence be thought it would be impossible to doubt the delete:ant' , guilt. The sevetal witnesses mentioned in the statement of counsel proved the case exactly as he had staled it. Mr. Andrews addressed the Jury ter the defendant, contending that the note had been concealed front the creators, anti even it' the il;.fettilatit had not seen it, kis declaring it must be attributed to nit mistaking mime other paper for it, when it was the subject tot caret rsatien. 'file chairman recapitulated the evidence to the Jimmy, who, after consulting for about 20 'Moults, returned a icrtlict of Guilty.—Judgmeul deferred. 21f USDA Y, JULY 4.—Mr. Adolphus appealed'• against the appointment of Mr. Rhodes, the well-Icemen cow keeper at Islington, confirmed at petty sessions, to be one of the overseers of the poor of the parish of Totten hens, on the grounds that, although he had a house in that parish, and rented nearly 600 acres of ground therein, yet he also had a house and a larger quantity of ground in the parish of St. Pancras, where he was one of the directors of the poor; and besides, Mr. Rhodes Considered it to tally inconsistent with his duty, as a parish officer of St. Pancras, to accept of a similar appointment in a neigh bouring tsarists at tho same time. But the truth was, con.. ti 111 l ed the learned counsel, that in the parish of l'ottenlaaaa a great many gentlemen lived, whose daily avocations castled theist to the mew:lom, and being Earn of pro perty, they were usually fixed upon by certain individuals to lid parochial sittiatious, well knowing that they would sooner pay a fine of rol. than perform parochial duties irr person. In this situation, hi addition to what he (Mrs Adolphus) hail above stated, stood Isis client ; and it was niost singular, that the house of Mr Rhodes, in the parish of Tottenham, stood at least the distance of one stale from any other house in that parish, and nearly three mile* twin the village, from whence the poor always ease for parochial aid. The learned advocate. said, had his clients submitted to pay the prescribed lisse,lie would not have trou'iled die bench this day on the subject ; and con cluded, for the reasons above stated, that it was his de• citied opinion that Ilse upping:timid might to be set aside. Mr. Bolland and Mr. Andrews argued at great lengths for the appointment being confirmed; and,amongst other reasons, submitted, that great benefit and advantage had. accrued frosts islets of property and consideration accept ing of the higher parochial offices; and t h at Mr. Rhodes bring a director of the poor of St. Pancras was no answer to die parish of Tottenham, inasmuch as there were alto gether not less than 43 directors of the poor in-that palish* and that live only were enabled by law to proceed 10 tbs business of such offices. After souse discussion amongst the magistrates on the bench, die appointment was confirmed. Mr. Adolphus rose, and stated, that his client was At termined not to perform the duties of the off►ce, and the palish might indict hum, when be would appeal to the Court of Bench. The appeal lasted the greater part of the day, and es , cited a considerable degree of interest-. COURT OF EXCISE. IMPORTANT CAUTION TO LICENSED VICTUALLERS. --Mr. Hamer, a licensed victualler, and Mr. Burn, respectable rectifier, appeared Mori information, charg ing them, the one with having received a quantity of spirits, and the other with having sent out the same, without any permit, whereby Mr. Hamer had incurred a penalty of 2001. for receiving, and Mr. Burn for send. ing out the spirits, a penalty oh 5001. It appeared that on a day laid in the information, orfh of the officers of the excise, on surveying the stock of the victualler, discos erect an increase of limn eighty to ninety gallons, which was uticCcouoted for by any per mils, and he seized it. It came out in the course of the interrogatories put by the officer, that Mr. Hamer had received the spirits from Mr.Bitrit fur the accommodation in some way or another, of that firm, without a permit. —And upon a further investigation it appeared that 102' gallons had been seat cut without any permit with it, and that a permit fur 50 gallons only was alterwards sent to cover the increase, but it so happened that the sur veying officer surveyed the stock hi:mediate!) , after the transaction, and too soon for the increase to be got rid of, when he seized it, as before stated. Both defendants pleaded guilty to the facts charged,. but denied that the slightest frauds had been cumauittett or intended. .lr. Burn said, that the whole had been done without his knowledge or consent by a servant, to cover.sowe bluiuters. Mr. Boyer, the tnanaging clerk of the establishment, . w.is called, and he deposed to the etf..ct that, in conse quence of some error which must have arisen in taking stuck, he found a sudden increase on their hands :Mont winch he was greatly embarrassed.—Wiltll Ma. Hamer, who dealt with them, came to orde: some gin. In order to get rid of t h e increase the witness induced Mr. Hamer to accommodate him by taking 103 stations, with a per- Mil only for 50, trustilut that it would have decreased below that quantity h. lore the surveyor should go to take the dip, and that without Mr. Burit's knowledge. Mr. flamer declared, that he had taken the spirita without a full permit solely fur the accommodation of. ~Jr. Burn. The court could permit no tradesman to give another an opportunity of cummittin , a fraud, for by receiving the spirits without a permit:Mr. Hamer had given to the other defendant a credit fur lOU gallons, which might have been fraudulently used. Mr. darners.iid he had DO choice but to oblige the other defendant, fur lie could not have done without on the emergency, or have obtained It any other spirit deal er-, as the spirit was of a peculiar flavour. The court et:tinned Mr. liamer for lending hitnself to a transaction Witten, for any thing mat he knew to the contrary, might pare been a fraudulent one. There was nu reflection on, or impeachment of, the respectable character of Mr. Darn : but it sho.ild go forth that all tradesmen undr the survey of the CYttlae are bound to look to, and must answerable for, the acts of their servants, and that no irregularity or criiumul negligence on the part of the latter wsuld go umumished because it was w.tnout the knowledge of the employer. The court therefore convicted Mr. Burn in the penalty of Idol. and Mr. Hamer, the licensed sictualler, for receiving the spirtts without a permit, in the penalty of 21,1. and the forfeiture of the whole of the spirits seized. On Friday night about half-past nine o'clock, the Grand Jury brought into Court the remnant of bills. found against prisoners to be tried during the pre sent sessions. The Recorder informed them that their steady attention and cool delilieration entitled them to the thanks of the country, They were the* d'seliarged..