The National Register. — London, England, 1818-01-19 00:00:00

I SAN. 19. RIOTS IN LONDON. COURT OF KING'S BENCH, THURSDAY, JAN. t 5. (Special Juries.) EtcKsimi Y. univaes AND ANOTHER. An action on the Ist Geo. 1. c. 12, commonly called the Riot Act. The first count of the declaration stated, that on th e ed of December, 1816, diverse persons, being in limn. her 12 or more, unlawfully, riotously, and tumult uonsly assem bled together in the parish of St. Sepulchre, and unlaw fully demolished, and began to demolish, the bonne ut the plaintiff. The second count set out certain goods, the pro perty of the plaintiff, injured. destroyed, and carried away. On th e part of the plaintiff, Mr. Gurney stated, that the present action, as prescribed by the very wholesome statute on w hi c h it . was founded, was brought against two of the respectable inhabitants of the ward, who would not be called upon to pay the sum recovered ; it would be collected by a general rate upon the hundred. It was unnecessary to enter into a detail of the particular, of those riots, so disgraceful to the persons concerned i n them, and so injnrious to the property of many individuals in the line of streets through which the rioters proceeded. The attack commenced upon the house of the plaintiff, a atm smith in Skinner-street, for the object of the itifamous disturbers of the public peace was to arm 1 ileatAt•iVeS co as to be able to intimidate the peaceable salljects o; the King into :iii vi s ion, or to resist any attack that might he made upon them by the military. Young Watson, of whom so lt had been beard, and who had Ithrollllllately escaped joistice, first entere.l the shop of the plaintiff, demanding arms; and on meeting with remon strance by Mr. Platt, a customer, he drew a pistol, anti shot that eentlentati ; he was secured, au d the mob instantly com menced :in attack neon the house, breaking in the windows, both wood and brass work, declaring, that they would de molish the house completely if their leader were not restored to them. The damage done to the house amounted to 611.1 ls. id. A certain number of the arms taken awicy had been restored, but greatly injured ; and the value of them, in their deteriorated state, was 3031 'l3s. atl. The .value of the gene, pistols. are. of which no tidings had arm-- been obtained, was 9111. 195.; making, in the whole, 1,2811. I3s. 110 d.; the amount the plaintiff sought to recover by this action. Hipline, the foremen of the ..laintiff. proved mai/ facts already before the public, relative to the attack upon the plaintiff's shop. Yonne Watson came in demanding" Arms! Arms!" and the mob re-echoed the cry. When he was taken, Borne the rioters exclaimed, " We will pull the b—v house down, we will have him out." They began their alt ask immediately. This relation was confirmed by Mr. Lydiard, wIM also proved that several ,of the crowd threatened to demolish the I 1111 l se. J. H. Houghton, J. Fling, and C. Jones, tredesinste employed in repairing the injury„ proved that their various. bills amounted to 611. Is. 44. Mr. Parker, Mr. got-timer, and Mr. Nock, three gun amitlisolcomed that the snot of 3031. 13s. 6d. for guns, ate. damaged. and 9111. 19s. for such as had been taken away and never returned, was reasonable. (lninnem SerJeant, on behalf of the defendants, con fitlatitly armed that the plaintiff had no pretense for claim. ing 1,2811. tinder the Riot Act, which provided. (in cense quenee of onmerons disturbances and destructions of meeting haute •. eve. at the lime it was passed,) that the party injured ,Mould have his remedy ;sealig the hundred, it' the mob either demolislted or began to demolish the dwelling house of the plait odi 1. had beets detifted in many cases, that in order to Atmore this action, it must arise out of a felony corn. milted t xaresitly under the act; the proceeding of the mob most ti 1 • re; e.l to the demolition of the house, and it' the rioters a. 4 ins other pm pose in their attack, the action could ot he maintained. Here it seemed clear that the design W.o. Isi Obtain arms in the first instance, and afterwards to lib; at; their leader, young Watson ;and if they plundered the shop, that uas a felor.y, but p felony of quite a different Lind : it was a burglary, and v.;:.s punishable as a burglary, and the sidiering party could obtain no compensation front the liondred, For this reason the plaintiff could not recover for the are's: stolen, though he might perhaps, for those dams eel. 'ln CI icsley v. Higginbotham (I East. 136) the Court ofKing's Bench had held, that a baker suing mailer the Riot Act. could nut obtain damages for a quantity of door which had been oat:len from his premises flaring a riot, in which his premises wore assailed and injured. Lord ellenborough.—Thete no damage was done to the building containing the flour stolen ; that ease has no rela tion to 'lsis -• it is not ad idem. You had better open the book at ratlike., end quote from what first presents itself. Mr. '• mile% (with the Comfilan Sergeant) read the note of (he ease in ir der to convince his Lordship that he was mis taken ; P appeared that considerable damage had been doze to the building to which the warehouse from whence The fluor was stolen was a lean-to; but it was held by the Court, inat she plaintiffcould not recover for the flour stoles inasmuch a • that was a distinct felony independent of .tat,. t. Geo. 1. ; he could have damages only for that shish was dog - eyed or damaeed. Me further mentioned e case before Mr. Justine Le Blanc at York, where-that Judge had decided, that a party could slot recover for furniture stolen from a dwelling house that bad been begun to be demolished in a riot. Lord Eilenlvorough.—lf it were unconnected with the act of demolishing, I slionld certainly be of the same opinion. Ihe C Sergeant further referred to Read v. Clarke, (7 T. R. 496 ) for the . partial demolition of the house of a Quaker, who would's:el illumina te for one of the victories of land et. Vincent. Lord Ellenborough.—i was counsel in the cause, and i re coil( et that it was held not to be a Iveginning to demolish, because having the power to demolish if' they the crowd went away without prosecutitig their purpose; they abandoned it altogether. The Co 11111 l on Sergeant added, that in Lord King v. Chant. bars, the N•11111t` point had been deter ' Lord Ellenborough then tatetemitig, " the acts of the mob must indicate a purpose to demolish the house." In the present case, the purpose was act to demolish the house, but to obtain arms and to liberate their leeiter. Lord Ellenborangh referred to the evidence of lioimettud I,3l(liald, for the tlyelarationti of the rioters, remarking that the question was. whether their purpose w as not .10 111111 down and &moiled' the house, had they nu t been nitrified k It-attune • that smote Watson had made his esteem ? They bed a . gu ) conti.mpotimt that which came within tin, Art . 11 LOrd ship lidded. that he show.; retl4 pu the jolty to 411 V. ide the demise' , for lie arms u.jm e : au.l thr those Motets. i s water that ;1t Cane tttttt Sers.calim afterwards, it he thought fit, ITIO , use Court npon the ; met Mr. Gurney submitted, that as it was clear upon the evi deuce that the arms returned to the were marked in THE NATIONAL REGISTER. such a way, with splinters of glass, ege. as to show that they had been used as a mean% of demolition of the windows, &e., the jury would infer that those not retiorned (or stolen, as the Counsel on the other side contended) had been employed fur the same purpose. The Common Sergeant insisted that there was not sufficient evidence to show even that the arms returned to the plaintiff had been used in demolishing the house of the ;dale tiff. That they had been so used afterwards to other houses would not bring them within the Act. Mr. Robert Newman was then called, in order to show, that the plaintiff had treated the fact of taking the arms as a sobstantive felony. For this purpose he produced the record of the conviction of Cashman ; but on cross-examination he said that the prisoner was prosecuted by the city of London, not by the plaintiff Lord Ellcnborough declared, that if the fact were shown to he otherwis4t would make no difference. Though a man might have been indicted for the felony and convicted, it did not fix the character of the offence as appli• d to others. It was no less a felony because it was accompanied by other and higher crimes ; in Mr. Hntehins's case it was not less a robbery because that robbery was followed up or perpetrated by murder. Mr. Gurney, in his reply, called o p en the jury, that the ' arms lost, valued at 0111. were all takes for the purpose of demolition, although they might be applied afterwards to other purposes. Lord Ellenborough summed up, and observed that by the Riot Act, that which before was a mere trespass at common law, had Men erected into a felony, fir the more effectual protection of private property. Of course the remedy by action against the offenders was tale( n away, and that against the 'smelled (all the inliabitantv being as it were pledge II for the good behaviour of each other) was giyru in its stead.— The primary object had been to obtain arms ; afterwards to obtain the liberation of young Watson ; and it seemed un doubted by the witnesses. that had he not escaped, the mob would have demolished the house. The arms they used as instruments of destruction against the building, and they were no: taken away for the mere purpose of obtaining as much money as they would sell for. The jury divided the damage as stated in the opening of Mr. Gurney ; but they expressed a clear opinion, that the arms were all taken in prosecution of the purpose of lion. Verdict for the plaintiff, damages 1,2911. 13s. MI BRANDER AND POTTS C. WOOD AND •NOTHF.R. An action, precisely similar, hronght by the plaintiffs, who are gunsmiths in the Nlinories. They claimed 7521.105. ltd. ; being 621. 2s. 5(1. for the repair of the dwelling house, 341. I Is. lid. for danianaged guns, Ike. and 6551. 17s. for arum taken away. Ile Common Serjeant again urged his argument, that the Lord was not demolition, but the proctoring of arms ; but Lord Ellenborough was of a contrary opinion, and the jury concurring with his Lordship, a verdict was found fur the plaintiffs. REA t SAME. In this cue the plaintiff, also a gunsmith in the Minories, recovered 9421. b. 4d. It appeared in evidence that neither the pl ' 'ff nor any of his servaids lived in the house, and the Common Sergeant contended that it was vot therefore " his dwelling house," as alleged in the declaration. Mr. Gurney, on the other band, produced a lease to the plaintiff's father, and the probate of his will giving it to his son ; Ind Lord Ellenhorough seemed to be of opinion that it did not satisfy the allegation : he, however, saved the paint, and the plaintiff obtained a verdict subject to the discussion of it. DEATH or• MIL ItOSE. At his seat, Coneils, Hants, on Tuesday morning, the Right lion. George Rose. He had for souse months been in a very ill state of health, from which Ills advanced age atiorde d no reasonable hope of recovery. He wa., we believe, little short of eighty. He was a gentleman of extensive informa tion, and of practical experience in all commercial, financial, and official subjects : he rose from Isis own merits and in dustry Am., to some of the most lucrative and important offices in the State. He was Treasury of the Navy, President • of the Board of Trade, Clerk of Parliament, Keeper of the Records in the Receipt side of the Exchequer, one of the Lords of his Majesty's Privy Council, an Elder Brother of the Trinity House, Verdcrer of the New Forest, Hants, and Member of Parliament for the town of Christchurch. lie was a nz.ti cc of the Warns (Kincardineshire), and was first a steward, and afterwards a purser in the Royal Navy. At an early period in his life his arithmetical talents and eaten. sive financial knowledge recommended him to the particular attention of the Earl of Shelburne (afterwards the Marquis of Landsdowne), who wits then First Lord of the Treasury, and he was soon after appointed one of the Secretaries to the Treasury, lint resigned on the formation of the Administra tion of Lord North and Mr. Fox. On the subsequent eleva iion to the Premiership of his friend and patron, William Pitt, he wes again appointed one of the Secretaries to the Treasury, and continued as senior iu that important situation for many years. On the retirement from office of Mr. Pitt and his political adherents, Mr. Ruse resigned his situation. and was shortly after sworn of the Privy Council. He was subsequently, on the return of Mr. Pitt to office, one of tin Paymasters-General of the Forces ; and on the dismission •. the Whig Administration from power in 1507, Mr. Rose wa appointed T reasiner of the Navy, which office he held to .hi• time of his death. Latterly, the important office of President of the Board of Trade was chiefly eseented by the Right lion. Frederick Robinson. The lucrative situation of (lei k of Parliament was several years since conferred on Mr. Rose the .reversion to his eldest sou, George H. Rose, Esq. M.P. for Stathautpton, and now Minister to the Court of Berlin), as an ultra ior prevision. The other situat ions above mentioned, of which that of President of the Boar,' of Trade, that of Verdore2 of the New Forest. and the Keepership of the Records, become vacant by his demise. As Clei k of Parliament, Mr. Rose will be succeeded by his son ; as Pre « sideut of the Board of Trade, by Mr. Robinson; and as Treasurer of the Navy probably by the Right Hon Charles Arbuthnot. FRENCH MODESTY:A letter from Paris mentions fin amusing instance of legislative ambition. When the Committee on the Recruiting Law cattle to elect a Reporter (or what we should here denominate a Chair man) each of the nine Members voted tier himself; a second trial produced the same result ; and the third might have ended in the like fruitless way, but that some one individual of less i ordinate vanity than his neighbours transferred his vote to General D'Autbru ' geac, who was in consequence elected. From the LONDON G.IZEI'TE, T'Nesda.y, Jau.l ;. -a.- BANKRUPTS. WHINEY G. A. and SETMOIJIL C. Chichester. grocer'. Jar.. 26. 27, Feb. 24, at Chichester. Att. Mr. Hume. Holborn -court, Gray's Inn. HEWLETT W. Soilwcll, Gloceater, farmer, Jan. 27, 28, Feb. 24, at Bristol. Am. Poole and Co. Gray's Inn-square. Buttursa iI. Birmingham, factor, Feb. 2,3, 24, at Birmingham. Att. Mr. Tooke, Holborn-court. TuaNtat F. Doncaster, cordwainer, Jan. 20, 22, Feb. 24, at Don caster. Att. Mr. King, Castle-street. OttvEn J. Newington-causeway, cordwainer, Jan. 17, 27, Feb. 24, at Guildhall. Att. Mr. Ca. le. CurOtor-street HOCKLEY D. and HALL W. S. Brooke-street, Holborn, workinv goldsmiths, Jan. 20, 21, Feb. 21, at Guildhall Ate. Mr. Taylor, - Field.court, Grays-inn. WILLIAMS D. Carmarthen, Currier, Jan. 21,22, Feb. 24, at Hera fottl. Arta. Du and Co. Doughty-street. HET/MAYNE T. Freston, Lancashire. linen draper, Jan. 29, 30, Fell, 24, at Preston. Att. Mr. Illakelock, Sergeant's Inn. DIVIDENDS. G. Children, Tonbridge, hanker, Feb. t 4. M. and J. Barlow, Bartholomew-close, stone. maroons. Feb. R. C. Harper, and J. M'Whinnie, Snow-fields. li/ackihg-tuanufactit- revs. Feb. 3. E. Burr, Chatham. upholsterer. Jan. n. W. Newcombe, Vine-street, Westminster. money scrivener, Feb. 21. M. Reader, Bristol. tanry dressmaker, Feb. 5. 11. Wright, Wareham, I tor-m:, mercer, Feb. 4. J. Starr, and It. C. Young, Kingston-upon-Hull. merchant,. Feb. 10. . W. Ritchie, Finsbury-square, merchant, Feb. 17. P. and W. Giblett, New Bond-street, butchers, Feb. 3. P. Stanton, Bristol, victualler, Feb. IL H. !Attie. Itenhall, Suffidk. farmer, Feb. T. J. and J. Fletcher, liverpool, ship-chandlers, Feb. 6. G. Wall, North Shields, ship builder, Feb. 4. T. Harding, Pont Morlais, Glamorgan, linen-draper, Feb. 6, J. B. Rose, Sheerness, upholder. Feb. 10. W. Jacks, Bristol, merchant, Feb. 24. C. Stokes aad J. H. Schneider, sen. Birmingham. leatherseller, Feb. 10. R. Morton, l.ucas•strect, Connwrcial-road, master mariner, Feb. 3. C. R. Anderson, W. Sanderson, and J. Gliatlun, Muth-alum, mer. chants, Feb. 3. CIaITIFICATES-••••Fr71. 3. A. Smutla, Bury-street, St. Mary-ace, broker.—C. M. Thurkk. New-street-square, Fetter-lane, wine-merchant.—W. Booth, Dull. bridge. Yorkshire, nierelintit—..l. Brook, !kidder:Judd, bookseller.— l'othury. Sidiuouth, 11:vonaliire. upholsterer.—J. W. Rl:Amore, l ottery, Devonshire, banker.—F.. Fletcher, jun. Liverpool, iron founder.—D. Devonshire, Old -street, jeweller. CIRCULAR LETTER FROM THE COMMITTEE FOR TILE SUPPRLSbION OF MENiJICITY IN THE of.r. Bf y Lonn,—l am directed to apprize your Lordship of 11.• general nature of the Institution contenivlated by the Com mittee of the Society for the Suppression of Mentbetty, and to solicit the honour of your Lordship's sanction and support in aid of so desirable an object. Subject to regulations ofietsil, the plan of the Society mrty be briefly stated as gr °united on that which originated w ish Mr. Matthew Martin in 1706, and has since, though sin a li mited scale, beets successfully carried on by him, as more particularly described in the Report of a Committee of the House of Commons, to whom the state of mendacity in the metropolis was its the year IHIS referred. The immediate purpose of such a plan is altogether to s a . persede the bestowing of alms on common street beggars, by the delivery to them of tickets of reference to an office to be I established in a convenient part of the town, for the investi gation of their cases, with a view to ascertain their claim on such parish, or fund, as may appear to be properly charge. I able with their maintenance, and for relief, if absolutely necessary, until such claim shall be satisfactorily substan tiated. As the organizing of such an efficient system, must, in th e first instance, be uccessarily attended with considerable ex pense, although the ultimate effect will be one of economy to the subscribers, and to the public in general, the Committee venture most respectfully to submit such their plan for your Lordships consideration, in the hope that your Lordship will not only be pleased to contribute to the funds of the so. ciety, but to houour It with a communication of such sug gestions as your Lordship may deem of importance to the beneficial conduct have the honour to be, my Lord, Your very obedient servant. W. H. BODKIN, lion. See. Committee-room, Crown and Anchor taveru, Strand, Jan. 15. By a letter of a very recent date received here from Mr. Macdonald. the British Consul at Algiers, we learn that the Dry has retired to the Castle, a commanding situation above the city, which he has strongly fortified, and where he hes also placed immense treasure. He there bids defiance to his enemies ; and has publicly notified, that 1 I Imes Hut eg, Imnscif bound by any treaties made with his predecessors. although he had beiore prokssed his introtion to by them. lle has forbidden ally remonstrance on the port of the C-instils, and threatens to behead any of them who may hare the ten' city to approach him for that ;tarpon. He hall MCu Irieiy attach ed, at the !wad of 400 jannissaries, by .i person who was vonsitimed the rightful successor to the Itegeney, whom he defeated and took prisons r; but with ii mods ration very one in such eases among liarmii iimledd of condemning lino to death in the usual summary stay, qr WU expected. lie mitered him on board a Tuunisair corvette lying in the barim, gave him 1.3100 dollars, and fired a royal sa. lute on Isis departure. . A proof of she flourishing gate of the iron trade has lately occurred. Ai C) forthfa is on work in .o tet th) r.'l'yol% ii. Wm. C r .,a s hay, r,..q, the pi tyrii los, hoe :pull 8 4111:011Sly increased oh, wages of ail the men o noraged in does vote/pave I . o r tn, allured so ne he tim• and oureot (040111. 1".11111! 111 this or any . laroo vomit% 111 Eiso.odc. lhoo ow the late torosiomarr de. pre, g ro li v u is .l . l o ‘ . h ts,t l SiO i ..1 the tr.a.le, the iron I t lie rt w or l k: in i , h the u t it ie l l iv . 1 1 11 11:3 r s e y e: l , 4 w l y i :t li . d t s o ,.. .t . or i ~." his; b l i,i 4 .iiic .iii.t4cther at CyfAriltra ; and it Is 11..1 1 1'd e. deolotero nova 21111 VI d11. , •N ortily an e.xisiiiple will he 1 a t. 0w ,.4 by Ike u; hoc work., in which list soco.o.hourini ( ou t live, and . ter) in 11%idcro Ii mare or le•• ow llei SW 1. By t h e Itte , t . J ,ir of 0.10 , 1 tit C, l'arthfr .olooto• ;,sitthii yeas is IC a Wed to the cirvoiation, and the loco ill, llii rc p ,Id th ir . .iize , %55 5.1.1 y or monthly, in riots. ao. slo. y i 'lithe it. lin. 0 . ~..,..1 %% tot She i.iipoit.i.,re tti it, and the arh.toos...:.c, a h rh rill it toll io the country, no 11.1 of the lever talore eriaultrats of hoe place sae to eel: b laze t h e event at du Ow ' , Lim, ..“ 11'2 6kil filet. 21111 agreed to address tLe eitopie.lot vii talu ut,: - CA s iliii. —Calabria.% • r I