The National Register. — London, England, 1821-07-30 00:00:00

that the Jury should he conducted into court; and on their tassel:Mang in Ihe box, inquired If there was any thing in which lie could assist th em . Foreman—My loid, we cannot agree ; there is no pro bability of our (loin; Mr. Justice Best-1 am sorry for it gentlemen ; but I can • sot assist 3041. A Juryman—fly lord, I think the foreman vri,s prema ture in troubling your lordship : with a little more discussion we might have agreed. Another Juryman Said lord, there is obstinacy. Second Jo yinon—This is .us idiom, 1 am not the only one who stands out ; i lure are four of us. The foreman e up,esseil Ms opinion that they should But agree. Mr. Justice Best—Gentlemen, yea mutt see the impro priety of thi - s pantie : you had better retire, and endeavour to ii,ziee amo.r.; yourselves. The Jury again re.irril, :mil at eight o'clock desired their families might be iiirorined that it was out likely they would return home hefore the morning. WEUN 6+l) Y, JULY 25. _ _ At the meeting of the Ciotti this morning we learnt, that "lie Jury imp:snivelled in this ease still remained shut lip in she CWIIIIIOII 00.1116 1 Chamber, not having been able to agree in their verdict. At It "'cluck Mr. Cooper, the defendant's Counsel, came into Court, and a conversation of some minutes took place between Mr. Justice Hob oyil (the Judge on the Bench), Gurney, the Counsel for the prosecution, and Mr. Cooper. Soon after. Mr. Cooper, having talkeit Isis usual place at the Oar, addressed his Lordship nearly as follows: " My Lord,—Having nutlerstood that the Jury impana netted in the case of the King u. Mai y Anti cannot agree in their verdict, although They have now been shalt tip together for nearly It boors, I think it would be cruel to keep them confined any lit I wish now, therefore, to state, that am ready, on die part of the de feudatit, to consent to their being now discharged without giving a verdict." Mr. Gurney—" My Lord, on the part of the prosecution, I have great pleasure in stating my readiness to take on myself tile reliondbility of acceding to tile proposition of my learned fliend." Mr. Justice Halroyd—" Then let the Jury be sent fol." The Jury accordingly came into Court, and his Loteiship addressed them as follows Gentlemen of the J tiry.—The defendant and the coun sel for the prosecutor having consented that no verdict should he taken in the ease in which yon ale impaenelled, am happy to relieve you fr your unpleasant situation. Be their consent you are disehargt d witliont giving any verdict." The Jury were then di,charged, atter having been shut up from four o'clock in the afternoon of yesterday until a quatter after 11 this morning --a period of 19 hours and a quarter. iRIDAY, JULY 27. LIBEL ON LADY THANKERYILL.-1148 LING B. WEAVER, SUAKELL, AND ARROWSMITH. In the early part of the morning it was understood that the defendants, who are the persons responsible fur the publications in the Julia Bull Sunday paper, intended to let the verdict go against them without offering any defence. The cause was called twice, but no special juror could be found to go in the box, and as the statute requires at least one of the special jury selected to try the defendants, they could not proseed. The Chief Justice, under these circumstances, ordered another cause to be tried, at the conclu-ion of which, the King v. Weaver, Stiakell, and Arrowsini,h were again called.. One special juror, Geo. Lewis, Eq. merchant, then answered, and with eleven talesmen, they mo ceeded to trial. The Solicitor-General addressed the; jury as counsel for the John Butt. Ile said, " Tee defendants are in dicted for a libel, and it would be quite idle for hint to say it was not a libellous publication. The ) admit they arc guilty, and what they may have to Inge in extenuation, will be matter for another time and place." Mr. Scarlett, who appeared for the prosecution, ob served, " My learned friend mattes no defence, and if he suffers a verdict of guilty to be recorded, I cannot object, but it must be understood I make 110 admissions or coin prom ise on the occasion." The Chief.fustice—" Gentlemen oldie ,Fury, it being admitted that a verdict of guilty shall pass aganist them, you will find the defendants guilty." The jury found the defendants guilty. The facts con sequently were not stated. na‘sxEs V. COSTER. n this case, Mr. Hawk:2s, the plaintiff, who is a mer chant, carrying on business in the city of Norwich, brought his action against the defendant, a silk-mercer, • in Lad-lane, Cheapside, for sneaking certain 0ei . .1111.11011/ words of and concerning the plamittl's trade. The words were." Hawkes has stopped payinent."—lt ap peared that Mr. I lavv kcs had occasion SOIIIE time back to enter into some transactions with Stunt and Sharp, of whom he purchased goods to a considerable amount.— They were to be paid tor in bills at three months.—Mr. Ilawkes was applied to bef:oie the bills became tine fiir payment. The circumstance led to enquiry respecting the inducement on the part of Sturt and Sharp to claim the motley bofore the bills were due, and it turned out that a malignant report had Leven raised against the plaintiff's stability. He paid the bills by anticipation, and Mr. Stint told him be had received information from Mr. J. Coster, the defendant, that :tie plaintiff had snipped payment. Under those circumstances, tine plaintiff found it necessary to bring this action, not so much to recover damages as to vindicate his reputation. Mr. Custer put no justification on the record. M r. Henri/ Stun being called, stated, that Coster called on hint, and said, a man of the name of Here had tiro, to his warehouse and said he heard that Hawkes of Nor wich had stopped payment. The winless himself a;so received a letter limn Norwich on the satire slay, which contained the words, " Hawkes has stopped payment." The Chief Justice here intimated that the words in the declaration were not made out to entitle toe plaintiff to a verdict. The Solicitor General, who conducted the plaintiff's case, admitied that he could carry the case no 111flher, and the plaintiff was nonsiiited. Mr. Scarlett said, it might be satisfaction to state, that there was no foutula lll 11 . 11111 fur the assertion n hien the plaintiff complained of. THE NATIONAL REGISTER l'he Solicitor General observed, that it was the first time they had heard of the name of Here : had they litiown the facts stated by Saut, the action would not hare been brought. MATtIiEWS V OXFNFORD. The plaintiff sought to recover 11l the defendant part of it large sum of money, which lie advanced to him and others for the purpose of carrying on speculations in the public funds. It appeared that the business did not go on prosperou-lv, and the defendant did not pay his share °film fund. The defence way, that it wiis a gambling transaction, but the jury under all the circumstances, found a verdict for the plaintiff—Damages 5001. COUEIT OF COMMON PLEAS. NONOAY, JULY 23. DAVIS V. THE HANK OP ENGLAND. This was a case of great public importance. The M r.lorazia Davis, is brother to C twain John Henry Davis, who escaped troth G Ispor-street Coin tier, in April, last year, where he was confined on a charge of having forged the names of Messrs. Drummond, the hankers; and the present action was brought to recover the price of 10,0001. 3 per cent. consols, tool 751. long annuities, the property of the plaintiff, which had stood in his name, add was transferred by a forged power of attorney. Sergeant Lens shortly stated the plaintiff's case. It was admitted, on the part of the hank, that the Stock in question had stood in the plaintiff's name, and h: ti been tiansferred tinder a powcr of attorney, which wag produced. laftly Davis, the plaintiff's mother, pioved that the plaintiff's name to the power of attorney was a gingery ; and that her name, whi..h 311)CcIVCd to tt as a witness, was also a 16.2.e1y ; and that the name of John Henry Davis, the other witness, was genuine. The plaintiffs case closed here. Sergeant Bus:millet adtlressed the Jury for the Bank. The Learned Sergeant said the Batik Directors would ne%er depart from the honourable hoe of conduct they had hitherto adopted of making good to the holders of Stock any property that might by forgery have been taken out of the Bank, unless the party should by his own conduct disentit le himself to any redress. In the pie sent ca s e it would be pawed that 50001. of the plaintiff's 3 per cents. had been transferred on the I.2th of October, and 50001. on the 16th of Notemher, 1819, under a Oozed power of attorney, and the amount paid to John Henry I)avis's baukc s, a\ less's. Drummond, and placed Ite them to his credit. Ott the 1 ill) of January, the clay the dip idend on lilts stock was payabte, the plaintiff re ( eived from J. 11. Davis 1501. the exact amount of his dividend, and lie received l!oiu the Bank 201. dividend tot eight huotived pounds, 5 per cents. without de manding payment of the dividend upon his 3 per cents. from winch it must be inferred he men knew his bro ther had the stock. But his brother was pot in prison on the 3d of March out a cha.ge of foi• g iiety ; and the plaintiff has adlni“eti %tut on the sth of the same month he told him non be had made away a•4] his 10,0001. 3 per cents. and 761. long annul ics ; yet the plaintiff gate no inihrmation to the Bank, who, oetine ois brother's escape on the 7th of April, mint have taken steps to obtain justice. In September following, when his brother was sale in a foteisn country, the plairriff sent to the Bank orl his dividends on stock, Wilit:ll at least he knew in Matt h last had been fraudu lently transferred. The fait for toe Bank, as stated Ity Mr. Sergeant Bois s.:l , cti - t, was fully proved Tile Chief Jus.ice, iti mite Jitiy, said, that vvitateser might he the residi of this new and singular case, in his opinion the Batik Diteetois had me.cised a sotthd discretion in b.it o itt 7 , it be o:e a Jury. The case of the plaintiff was to be lamented, as, if lie do not re- Cocci', he was ruined by the act of atwitter, of is hich lie had no privity, and must sodar the loss of his fortune by his fl'J'e dal OICCCIOn. Sill the law makes no a n o t ratt , c 'Or his heeling', a tit if at ter he ban knows latige of toe iiatidulent transfer he coot:rated it from tile batik, it was sufficient, in toe view of the law, to deprive or any remedy that the bank might have suffeted injury. It was clear, from Ids answer in Chan cc: v, that he knew of the fraud in March, but concealed Loin the Lank till :Osier his brother had been long out of the woolly, by which media he de v olved them of any possioility of obotintng either Civil or criminal jos. Ineitirv, without hesitation, pronounced a verdict int the actidank. SECONDARIES' OFFICE, JULY V. SuuTAL AS% EPIIENS V. BROGDEN• This was emptily to assess the damages to which the plaintiff wits emitted, in all ae;inoi for an assault, in which the defendant had suffered judgment by default. The damages were laid Pt 10001. I. C. ed the ease. De said the action was ti, ought for suds compensalion as damages could ma ke for a grievons iesaidt, ohm had !Weil cum wilted uy the dereadant on toe plairoilr. The di I. 'Maul, by allowing judgment against Min uv sletaiili, hail ad ted tint he could not deny or jot:oily the assault of which the plaintiff complained. The 'nought the sub ject before a jury with pain; Mit lie telt it his bounden dirty, both as a matt and a citizen 01 Loudon, who had been cruelly injured in ;,is nelson tilt his feelings, to ap peal to a tribunal of his fellow-rill/ens tor such fedress as their vet diet could afro' d. The plrini to . . Stephen , . is a jeweller, living in Casileau reel , Outman; Mr. Drug den, is also a jeweller, living in Ili - idgewater-square, Haruican. It happened : mat some time since was gives is the rudder girl droniilis that the jewel lers were in the habil of selling ',loutish% I ings wilhuut the Hall stamp, by which meths Liev avoided the pay ment of a lea that is changed on affixing the stamp at tile 11411. The 'toaster gold:4'l4.lls, in consequence or this in h t ion, called a Court o Wardens, to take the sub ject into cousidei a auto. 'Fhe jewt Ileis were alarmed, as flies had vest numbers of those iinslainperi Clogs on hands, and they call, .1 a inettitig on the grist of May, to roue:oily' how they should act. Tills wteni ng was ICt•pact i.hly attended, and %l r. Mel-hens was poc:.ein. A Mr. At'liregur *asked who gave the iurtiriliatiuu to the 'haslet 236 goldsmiths ? A person who stood near Mr. Stephens re plied " Brogden." The next day Mr. Stephens received a note from Mr. Be ogden—they were acitaintetl, and were both et editors of a person who was then insolvent. The note WAS as follows: " Bridgewaier-square, June Ist. " J. Brogdee's compliments to Mr. seepliens, will feel obliged by his calling on him at Bridgewater-square on business equally important to both, before fem . o'clock to day, or to-morrow mousing." Mr. Stephens immediately went toM rilrogelen's house, where he found him in his counting-house, a clerk and the porter who bad !brought the note being present. On Mr. Stephens's entrance, Mr. Brogden sent the porter out, and after shutting the door, went into an inner room, from which he iustanily returned with a large whip in his hand. He addressed Mr. Stephens, saying—" And so Mr. Stephens, von called me an informer before eighteen persons last night ;" and without waiting for any reply, he struck Mr. Stephens over the eyes with the handle et the whip, in a manner that caused his blood to gosh out, and stain the silver articles that lay on the comelier in the room—lie continued beating Mr. Stephens about the head with the whip till he broke it; and even thee, not con. tent, he seized the larger part of the handle, and con. tinned to beat Mr. S. sill the clerk, who was present, interfered to save his life. Mr. Stephens offered no re. sistance—he had a complaint in his eyes, and the first blow he received rendered him incapable of nuking any defence. Soon after the desk had succeeded in saving 111 r. Stephens's life, Mr. Taylor came into the counting. house, and on expressing his amazement at what he saw, Air. rogden said, "Ifl am deceived I can uever make hint amends," but should not a man of mature age and of sound mind have made an enquiry before he would make such an attack upon his fellow-man. Mr. Stephens was taken home in a coach ; his life was for some time thought by his surgeon in the most imminent danger, and even yet his recovery is doubtful. If the defendant sought for compensation for his personal sufferings and his peened ary loss, which, from being unable to attend his business must be considerable—the jury would feel—he had an irresistible claim—but Sir. Stephens had much higher claims; he was a most respectable citizen, deservedly esteemed by all to whom he was known—he possessed honour and feeling and sensibility—these had all been deeply wounded—he was a husband and a father—and had seen the dearest übjecis of his affection weeping round his bed in all the agony of anticipated widowhood and orphanag e :— tor these wounds of the heart the jury were teasel called on to make him the very inadequate satisfaction that damag es could give. Air. Taylor stated, t hat he knows plaintiffand defendant ; stela to defendant's counting.house on Ist of June; soon as be entered, Mr. Stephens exclaimed " Oh I Mr Tay lor I" and pointing to a whip t ant lay broke on the door, proceeded to tell him, drat the defendant had violeuelv beat inm, at the same time putting the defendant's note, inviting him Is) call on Min, into tile witness's band . Air. Stephee'sace was cut and there was blood on plate that lay on the counter. Mr. It' %den put a letter into the witness's hand, and desiied hien to [nos lit that, and be would judge of his feelings.. Wieness Admit ed Mr. ltiogden up stabs, and on coining demo. wid to Mr. Seephen's, that if Mr. Brogden was deceived he would make reparation. Mr. B. had authorised him to say so.— Mr. Stephens denied having used any expression against Mr. Brogden, and mentioued several persons a ho could prove it. Mr. S.'s head appeared to have been washed, and he went assay in a coach. Air. Beveridge stated, that he is a surgeon, and attended Mr. Stephens on the lst of tune, and about a month after. Ile had indainieni ion in the eyes, a violent contusion on the temple, and tat elation of the scalp; his life was in imaisluent dauber. Intlateneation still continues, and he would not be surprised if fatal 'smiling'', shindd even yet take place; he bud seen death ensue from less siolle uee. The plaiutitf's case here clewed. Mr. Wilkes addressed the Jury fur the defendant. He de. precattd the etre.. is of the eloquent speech they had heard for the plaintiff, and conjured the Jury to judge by what had been pursed, and nut by what had been stated. The de fendant's clerk had been present from the beginning, and lie was not called. VI , hen Mr. Taylor saw the defendant he was after receiving the rights of hospitality. (This expression excited a strong sensation in the auditory.) His face had be. n washed, and he was sent home in a coach procured by Mr. Brogden's courtesy. Some of the Jury enquired whether Mr. Wilkes could pro. duce any evidence to disprove the evidence they had beard ? Mr. Wilkes said, us the plaintiff had not produced the clerk woo was present, he would nut give Mr. Phillips another oppoctenity of electrify the Jury by his eloquence. The Secondary summed up the evidence, telling the Jury that if the defendant's clerk, who was present at the begin• ning of the assault, could state any thing in initijution, it lay MI him (the defendant) to produce him* The Jury, ether a short consultation, returned a verdict— Damages 8001. ANLCDOTE.—ilenty the Fourth of France read every thing that was published concerning his ope rations. Under his reign every one enjoyed free liberty of speaking, writing. and publishing ; and /milt, which he sought Mier every where, came in her turn to the throne to seek him. Being desired to punish an author who had written some free satires on the Court—" No," said this good Prince, " it would he against my conFeienee to trouble an honest man for having told the WaintwlYn.—A giri, daughter of a gardener near Edinburgh, was Ludy cm;doyed in bleaching a quantity of clothes, and, while in the act of pinning some of them to the ground, a sudden whirlwind arose, and lifted them to u great height in the air. The terrified girl ins, an' ly alarmed the fluidly by frantic cries af" murder," &e. and the attention of many persons wag directed to the circumstance, who beheld the cl9thes, as they describe it, twirled about in the air like shavings of wood, and at length car ried to the eastward out of their sight. Some other persons observed them at a gleat height flying over Leith Walk, but they have not been heard of 11u ther, except a small pocket handkerchief, which was picked up about a quarter of a mile from the spot, The clothes tire altogether valued at about 51.