The National Register. — London, England, 1822-07-08 00:00:00

COCItT OF COMMON-PLEAS. WEDNESDAY, JULY 3. SADLER V. GOTOUED AND 01111.145. This was an action to recovers compensation in damages for au inioly done the daughter of the plaintilf, by the negli gence of the defendants. The defendants are proprietors of a stage coach main,: he t ween Ely and London. In May last the daughter of the p.aiu till took a seat in this roach for conveyance to the countly.— The coach was described to be old, the springs bad, and the luggage heavy. The passengers remonstrated, but no attention was paid to the complaint ; ou the contrary, the cot/cilium' took up a package, in addition to the luggage, six feet long by four lee' broad. Arriving within a short distance of Ely the coach vas overturned, and t he plaintiff's daughter was crushed under this big trunk. Unfortunately, she received several severe contusions, and her father was put to 701. expence for medical assistance. . Dlr. Itlarryatt, who opened the case, was proceeding to axe. mine the first witness, when Mr. Scarlett proposed to have the iluestiou of demagess settled out of court. The proposition was acceded to, and a verdict was taktti for the ',Wolin*, sub ject tu a reference. 711 It.PAY, JULY 4. 114)V V. 1.10111.15. Mr. Sergeant bens stated that this was an action brought against the defendant, the proprietor of a sulphuric acid IIlallU• lactory, near Norwood, for a nuisance in the emission of the vapour. The learned Sergeum culled several witnesses, who proved the nuisance. Mr. Sergeant Vaughan, for the defendant, proved that the normfaelory had existed since 179 t), and that the plaintiff bad conic to reside on the spot in question in 1ti0.5, since which time the nuisance had been materially lessened instead of being increased by all improvement of the condensers and the retorts, by which less vapour escaped, and snore acid was produced. It was clearly the interest of the defendant to prevent the escape of the vapour, as lie would than obtain a greater quantity of acid at the same eapence. The Jury seeming disposed at once to find a verdict for the defendant, Mr. Sergeant Leos chose to submit to a nonsuit. LONDON SESSIONS -rm.- On Monday last these sessions commenced nt before the Lord Mayor, Recorder, Mr. Sheriff Veuables, Aldermen sir James Shaw, Wood, J. J. Smith, Hey gate, Lox, and Browne. The Recol der, in charging the Grand Jury, congratu lated them on the lightness of the calendar, thought it was slime abatement, lie said, of ilie pleasure they must feel from that circumstance, that of the seventeen Cdse3 it contained, eight were tor street robberies, a species of crime that had of late heroine alarmingly prevalent. Should any convictions fur that offence take place, the court would do its duty by making an example, which he hoped might be sufficient to check it ; lull it the present punishment which the law allowed should be found inade gnat., it %until then be for the Legislature to consider the expediency of restoring the law to what it was a few y ears ago, when a heavier punishineut would be inflicted than was at present allowed. Horatio Orton was put on his trial,on an indictment for assaulting Joseph Wilfred Parkins, on the loth of May. Mr. Chinks Phillips briefly stated the principal facts of the case, as they were afterwards proved in evidence. J. W. Parkins examined by Mr. Phillips.—Witness bad seen the defendant at the door of his office, in the house No. 10, Bridge-street, Blackfriats, on the Ist of May, snout eleven o'clock in the morning. A person of the ' mime of Gill, who was in his employment, had just then left the office, but returned and said Mr. Oi tun wanted to speak t) him. He immediately went to the door, where lie saw the defendant, who said to him, " How dare you, Sir, go into my room and take my papers 1" and instantly stands him on the face with a stick he took from under his coat; there was a man standiug between them, whom the witness pushed away and got into the passage, which was rather dark; he was instantly seised by two dogs; one of them caught him by the calf of the leg, sad the other by the hatmstiings ; the pain was excruciating, and lie cried out, " For God's sake take the dugs off my legs." The defendant continued all the time beating him with a stick as fiercely as he could. Witness extricated himself front the dogs by kieking them with the other foot, and wret.thed the stalk fioin the defendant, who Colitinneil to strike him with his fists. In the conflict the defendant went down. Witness lifted hint up, ;slid while he was in the act of duine it, the defendant scratched his lace (lea. perately. He had eleven wounds on the thigh, given by one dog, and two on the calf of his leg, given by the other. N say, a sturgeon, was sent for, and dressed his wounds, which centined him a week, an* prevented his s retries a wink the first night with pain. One of the wounds on his leg was not yet healed. He had not given the deteinlant the least provocation, nor spoken to hint when lie was assaulted by hint. Cross-examined by Mr. Adolphus.—He knew the Con stitutional Association had au office at Nu. 6, in the seine street; he was in it once • he did not know they had ail office tinder the same roo f with his town. He once gut from a waiter, in the house where his of f ice was, a paper which ley on a table in a passage; it appeared to be a cir cular, but was ragged and torn. On being asked whether the paper related to the Con stitutional / 1 / 4 •4oeilltinti, lie said lie should refresh his Memory by looking at an extract lie had made li Um This Timm newspaper. Witness then proceeded to read the extract, When he was iliterrUpteti k . by Mr. Adolphus. Witness still continued.s Mr. Adolphus (with vehetneuce.)—Will you act, Sir, like every other witness? Mr. Parkitia.—l will, Sir, wheal you examine me like a gentleman. The Recorder then interposed. Mr. Adolphus.—l ant not, Girl to be interrupted by these observations, which are fundc tie the purpose of eXCilitig laughter. An advertisement has been put iii the papers this Mal Wing, for the purpose of bringing a mob hare. Afr. Phillip..—That observation should not be made. Mr. It is AU (0651.11 e aIIOU Which should not be wade in court. (Some hissing was then heard in coutt.) Air. Ailolphits,--Titere, now, you Gave the truth of my o bac' vat ion.—( More hissing.) Mr. AIM.' man itrowne.—lhat biasing was excited, by your observation. Atbstplius.—The court is bound by law to defend Me, amid 1 must receive the treatment of au Advocate. he et uts•examittatio n was then Eurninned. The paper he gut from the rtaitcr cuutaimd nothing THE NATIONAL ItEGISTER abont the Constitutional Association; by seeing Mr. At kins's name, and the Dante ut Charles Murray, Honorary secretary, lie supposed it belonged to the Constitutional Association. lie never sent it to The Tinter, nor any other newspaper, for publication, nor dues lie know who did. He believed Ida clerk tuuk a copy of the paper at his de ►ire, but had not seen it. lie took so little notice of the paper that he cannot say how lung it was alter lie taw it the defendant called on hint. He did out push the defen dant belote he was struck by hint. The stick with which the defendant assaulted him was twice as Idlge as the one lie Lad with Inns in C(11111. lie struck the defendant as often and as hard as lie could. By the Court.—He went out the next day on a gentle horse, but was obliged to return in a coach—he also went out three or four times in the course of the next week 011 urgent business, but with great difficulty and Sepeiuuts Wiay, of Fleet-street, sot geon, stated, that he was sent for by Mr. Parkins oil the I Mil . .11.4y, and tumid sever al scratches bleeding on Ins face, about the integu ments of his eyes, amd several lacerations tin hi: legs tool thighs; the wounds were rather severe, but nut extensive. lie attended Mr. Parkins a lout ight or duce weeks. The wounds were so tar inn tined thar they might confine a person a day or two, and he advised Mr. P. to lay by. Joseph Gill, the pe:son who delivered the message from the defendant to Mr. Parkins. corroborated the evidence of the assault in every particular. Mr. Parkius used uo violence of any kind before he was sti tick. William IValker said, that he was proprietor of the house, No. lu, Bridge-street, in which Mr. Parkins had a room witirely appropriated to himself. lie t the witin ss) saw the defendant a day or two after lie had committed the meta! It on Mr. l'at kins, and accused him of breaking the peace iti his house. The defendant said, if lie (the witness) did not take care of himself; lie would serve blin the same hatter as lie had Parkins; lie was glad of what lie had dune to Parkins, and w ished it had been more. The case for the prosecution closed here. Mr. Adolphus addressed the Jury for the defendant; and the Recorder recapitulated the evidence so the Jury, who without any hesitation found the defendant guilty. After sonic consultation on the 'sends, the Recorder addressed the defendant. 1 - le had been tonna guilty of an unprovoked assault on the clearest evidence; and his declarution after, that he was glad of what he had done, was ass ag4ravation of his offence.—The sentence of the court Nab, that he slsauld be issaprisussed two mouths its Giltspus-strect Compter. MIDDLESEX SESSIUXS. PERJURY. WEDNESDAY, JULY 3:--301111 Kuchler was indicted for wilful and corrupt perjury. Mr. Cooper stated the case for the prosecution, which, he Said, was carried tin at the snit of Philip Vincent, a very old man, a farmer at Sudbury, in Suffolk. The Ilio secutot's son, William Hayward Vincent, who Cal i iod on the business oils chemist and hatter, in Sudbury, being in emir d circ 1111 l statuses, was arrested, and went to the King's Bench prison, where lie had the misfortune of having the defendant fur a chum. From their living iii the same room, an intimacy took place,and the defendant assisted Vincent in preparing his schedule, when lie soon alter applied to the lusulveht Court, to take the billed of the Act, tinder which lie was discharged in the month of February, IStl. 'The defendant was discharged by simer maw the aante day, and went down to the country u,i an invitation from Vincent, where he remained for sometime the successive guest of W. 11, Vincent and his tinker, and endeavoured to make himself useful to them. iii the course of some weeks, however, lie was given to under stand that be might take leave, and he did so ; in a short time after the family of the I/niceties were astonished by receiving from him several letters of a most extraordinary nature. 'file learned vntleman here read the letters, tour of which were signed by the defendant, and a fifth signed Philip Hawley, was afterwards played to he in the defendant's Vaud-writing. The letters signed by the de fendant demanded compensation hunt W. H. Vincent, tinder pain of disclosing to his assignees concealment of property horn his creditors; he also dire:nutted to nitwits against Min for having a private stiflond the letter signed Hawley, addressed also to W. H. Vincent, stated that he knew the defendant intimately fur hi years, and that lie was lime 11104 vindictive man upon earth, and it lie (Win. Hayward Vincent) did not make bins some campensat 1011, he would certainly be the ruin of him. All these letters and threats, said the learned counsel, were disregarded ; DO ans wer was relief tied, and :he defendant, in pursuance of his design, applied to the assignee of W. H. Vincent, and made an affidavit, charging him with having con cealed a variety of property 11 - 0111 Iris creditora. The cou sequence of Willett was, that W. 11. Vincent was again called before the Insolvent Court and re-examined, And on the testimony of the defendant his discharge was revoked, he was remanded for three years, and it was only by all irtegularity its the proceedings of the Court that he obtained his discharge. In the affidavit swot nby the defendant, charging W. H. Vincent with concealment of property, lie had deposed, that in the month ofJatiesey W. 11. Vincent was visited in the King's !tench prison by his brother Philip, and that W. H. Vincent impiired of his brother whether lie had got the note for 2001. that lie had lull with his father when coining to town to go to prison; and that Philip replied that he hail,asid in oduced the note, at which W. H. Vincent es pi ess.al greet joy, and said it would be a good thing for him when lie did get out, if lie could keep it front Isis assigner, anti returned it to Philip, with directions to keep it sale. On this charge the perjury was assigned, and built Philip and W. H. Vincent would prose that no conversation took place, and that no note was produced, which world be also inured by a wituess of the name of Turrell, who was also the elium cif the defendant and W. H. Vincent, and in she loom all the time Pink') Vincent was w ith his Mother. Their mother would also wove that W. 11. Vincent gave his fittlicr the note which the defenuant alleged to have seen, in payment of le debt, in the nu-idle of the year let), and that she hail it in kir possessioa ever since to the present moment. Atte, such evidence he thought it would be impossible to doubt the de fendaut's guilt. The several witneases men-honed in the statement of counsel [nosed the case exactly as he had stated it. Mr. Andrews addressed the Jury for the defendant, contending that the note had h e ...- u concealed front tile creditors, and even if Ilse:defendant had not seen it, his declaring it mast he attriMited to his mistaking smite other paper , to t r it, *ben it was th e su bj ect o f co nvrsat ion. 'the !human recapitulated the evidence to the J uly, who. atter consulting for about 40 minutes, rctutueil a Vti clic t of tkoilty.—Judgint ut deferred. 216 Tiniest)* v, Jur.v 4.—Mr. n.. -a appealed against the apputiiiin rut of Mr. Ithades, the well-known cow keeper at Islington, confirmed at petty sessions, to be one of the ...vet seei s of the poor of the parish ut Totten ham, on the grounds that, although he had a house in that palish, and rented nearly WO acres of ground therein, yet he also had a house and a larger (rand ty of ground in the parish of St. Pancras, where lie was one of the directors of the poor ; and besides, Mr. Rhodes considered it to tally inconsistent with bit dilly, Os a parish officer of St. Piiiieras, to accept of a similar appointment in a neigh. bout ing palish at the same !line. Hut the truth was, con tinued the learned counsel, that in the parish of Tottenham a great many geutlemen lived, whose daily avocations carried them to the metropolis, and being men of pro perty, they w ere usually fixed iipurs by certain individuals to tilt parochial situations, well knowing that they would sooner pay a tine of LA. than perform parochial duties in person. In this satiation, lit addition to what he (Mr. Adolphus) had above stated, stood his client ; and it was must singular, that the house of Mr Rhodes, in the perish of 'Tottenham, stood at least the distance of one mile front any other house in that parish, and nearly nil ee mile* from the village, from whence the poor :Always came fur parochial aid. The learned advocate said, had his client submitted to pay the prescribed fine, he would not have trou'iled the bench this day on the subject ; and con cluded, for the reasons above stated, that it was his de cided opinion that the appointment ought to he set aside. Mr. holland and Mr. Andrews argued at great length for the appointment being confirmed; and,aniongst other re:13011P, submitted, that great benefit and advantage had accrued from men of property and consideration accept ing of the higher parochial offices; and that Mr. Rhodes being a director of the poor of St. Pancras was nu answer to the parish of Tottenham, inasmuch as there were alto gether not less than 4:1 directors of the poor in that parish' and Chat five only were enabled by law to proceed to the business anal' offices. Atter some discussion amongst the magistrates on the bench, the appointment wa, confirmed. Mr. Adolphus rose, and stated, that his client was de termined not to p«rfoini the duties of the office, and the pariah might indict him, when lie would appeal to the Court of King's The appeal lasted the greater part of the day, and ex— cited a considerable degree of interest. COURT OF EXCISE. IMPORTANT CAUTION TO LICENSED VICTUALLERS. —Mr. Hamer, a licensed victualler, and Mr. Burn, respectable reet.fier, appeared upon 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. flamer had incurred a penalty or gOol. for receiving, and Mr. Burn lot send ing out the spirits, a penalty of 5001. It appeared that on a day laid in the information, one of the officers of the excise, on surveying the stock of the victualler, disco% ered an increase ot• front eighty to ninety gallons, whien was uticccounted for by any per ' wits, and he seized it. It came out in the course of the interrogatories put by the officer, that Mr. 'lamer had received the spirits front Mr.liorii fur the accommodation in some way or another, of that firm, without a pertain. —Anti upon a Wither investigation it appeared that 162 gallons had been sent ant without ally permit with it, anti that a permit fur 50 gallons only was afterwards sent 10 cover the but it SO happened that the sur veyitig officer surveyed the stock h•ttnediately after the lfull.letioll, and too soon for the increase to be got rid of, when he seized it, as before stated. (loth defendants pleaded guilty to the facts charged, hilt denied that the slightest frauds had been cutuustited *sr intended. Mr. Born said, that the whole had been done wit houe• his knowledge or consent by a servant, to cover some. • blunders. Blyer, the managing clerk of the establishment, - • %v as cslied , and he deposed to the elf.ct that, in cons*. quenee of some error which mast have arisen in tatting stock, ha found a suildeta increase on their hands, about• winch he was greatly embarrassed.—W hen Mr. Hamer. who dealt with them, cause to order some git!,. its order to get rid of the increase the Willit'SS induced Mr. Milner • to accommodate him by taking . Ifia gallons. with a per. tuft only lin but, trusting that at, would have decreased below that quantity bt fore the surveyor should go to takes the dip, and that without Mr. Burn's knowledge. Mr. Hamer declared, that he had taken the spirits • without a full permit solely for the accomtuodation of Mr. Burn. The court could permit no tradesman to give another an oppurtuuity of committing a fraud, 'Ur by receiving we spirits without a permit. Mr. Hauser had given to • toe other defendant a credit for IOU pilaus, which might • have been fraudulently used. Mr. Hamer said lie had no choice but to oblige the other defendant, for he could not have douse without on the emergency, or have obtained it any oilier spirit deal er, as the spirit was of a peculiar flavour. The court censured Air. Hauler fur lending himself to - a transaction which, for any thing that lie knew to the contrary, might have beets a fraudulent one. There was • nu no fl:ction on, or impeachment of, the respectable character of Mr. Burn : but it should go forth that ail tradesmen under the survey of the excise are hound to look to, and must be answerable for, the acts of their it:leant% and that no irregularity of criminal negligence on the part of the latter wsuld pin unputiodted because it was wutout the knowledge of the employer. The court therefore convicted Mr. Burn in the penulty of fool. rind Mr. Hamer, the licensed victualler, for receiving the spirits without a permit, in the penalty of VOI. aUJ ine forfeiture of the whole of the spirits seised. Oa 'Friday night about half-past nine o'clock, the Grand Jury brought into Court the remnant of bills timnd against .rimers to be tried during the pre sent sessions. Tile Recorder intirined them that their steady attention and cool deliberation entitlett them to the thanks of the country, They were dawn discharged.