The National Register. — London, England, 1821-12-02 00:00:00

t 1 (1° "pp t; S7B ..m....•..- _~ ( 7 L/ _ ,7 FROM TUESDAY NIGHT'S GAZETTE. BANKRUPTS. P. Morton, Salford, near Manchester, merchant. Solicitor, Mr. Ellis, Chancery Lane. C. and W. W. Staff, Norwich, bombasin manufacturers. Sol. Mr. Abbott, Rolls Yard, Chancery Lane. G. Kirkham, Lancaster, merchant. Sols. Messrs. Chippen dale and Co. Great Queen Street. R. Parker, IVllitchurch, Salop, stationer. Sols. Messrs. Stocker and Co. New Boswell Court. Carey Street. R. Jackson, Cannon Street, merchant. Sol. Mr. Borradaile, Cateaton Street. J. Ritchie, F. Richardson, and J. Ritchie, Watling Street, warehousemen. Sols. Messrs. Smith and Co. Hatton Court, Threadneedle Street. J. Nicolson. Curnmersdale, Cumberland, ironfounder. Sol. Mr. Clennell, Staples Inn. It. Eastwood, Leeds, draper. Sol. Mr. Makinson, Temple. M. K. Densilve Bridport, Dorsetshire, bookseller. Sol. Mr. Iloplcinson, Lincoln's Inn. 'I. Bayliss, Cunlworth, Warwickshire, dealer. Sols. Messrs. Clarke and Co. Chancery Lane. C. Cooper, Upper North Place, Gray's Inn Road, grocer. Sols. Messrs. Amory and Co. Throgmorton Street. J. Fowler, Mark Lane, tea dealer. Sol. Mr. Hodgson, John Street. Adelphi. H. Levy, Nelson Square, Blackfriars Road, merchant. Sols. Moan. Green and Co. Angel Court, Throginorton Street. J. Boultbee and J. W. Cole, Peterborough, bankers. Sol. Mr. Anderton, Quality Court, Chancery Lane. DIVMENIX;. Dec. 48, J. Dingle, Charlestown, Cornwall, merchant—l 9, H. Wheatley, Coventry, silk dyer-19, R. Clements, Coventry. riband manufacturen—lt, J. Hollis, Gomel' Street Road, stone mason—l 9, S. Wood, Bolton, Lancashire, banker—tl, M. Ilattersley, Bilton with Harrowgate, Yorkshire, innkeeper ‘ 4.1 , S. Garton, Wood Street, Cheapside, silk manufacturer-22, It. C. Marr, ltathbone Place, linen draper-22, T. Little, Bodihian, Sussex, grocer-21, J. Harris, Redbridge, Southainpon, victu. aller-18, R. Ratcliffe. Southwick. Durham, ship builder-IS, G. Watts, Chichester ' hatter—Hl, 'l'. Merrick, Frith Street, Soho, merchant-29, J. Cornwell. Kirton Fen, Lincolnshire, victualler -18, L. W. Williams, Fleet Street, wine merchant. CERTIFICATES to be granted Dec. 18. T. H. Parker, Kinkiann, Surrey, wine merchant—J. Roy, Wolverhampton, tea dealer—T. Hayward, Cheltenham, builder Bourke, Albemarle Street, Piccadilly, wine twerchant—T. Vernon. Towcester, Nonhamptonshire, grocer—T. Jones, St. John Street, West Smithtie'd, rag merchant—J. Pethurst, Cron brook, Keist,draper-4. Billinge, Bristol, grocer—G. Shoebridge, Cheapside. LAW INTELLIGENCE. Seats, Rehearings, Appeals, and Pea:Mos, &Are the Lord Chancellor, aficr Michaelmas Term, 182 1. Wednesday, December 5, First Seal, Thursday, Friday, and Saturday, Rehearings and Appeals. Monday, December 10, Second Seal, Tuesday, Wednesday, and Thursday, Rehearings and Appeals. Friday, December 14, Third Seal, Saturday, Monday, and Tuesday, Rehearings and Appeals. Wednesday, December 19, Foutth Seal Thursday, Petitions. N. B. The Lord Chancellor hears Bankrupt Petitions to-day, and will daily, until the First Seal. Scats, Causes, Pleas, Demurrers. Exceptions. further dir eetions. cad Petitions, before the Vice Chancellor, slier Michaelmas Term, 1821. First Seal, Wednesday, December 5, Motions; Thursday,Friday and Saturday, Causes. Second Seal, Monday, December to, Motions; Tuesday, Wed nesday, and Thursday, Causes. Third Seal, Friday, Du:ember 14, Motions; Saturday, Mon day, and Tuesday, Causes, Pleas, Demurrer►, Exceptions, and further directions. Fourth Seal, Wednesday, December 19. Motions ; Thursday, Petitions. COURT OF KING'S BENCH. isiONPAY, NOV. 26. The Court was much crowded this day, in expectation of the judgment on the Rev. R. Blacow. The Lord Chief Justice sat at Nisi Prima soon after nine o'clock, and tried several undefended causes. Mr. Justice Best, at eleven o'clock, heat d motions. WIZ a IN• V. D. GRAVES, AND D. AND 5. A. snoiroesi. The defendants, on the motion of Mr. Scarlett, were brought into Court to receive judgment for perjury.. They swore to a debt of I 4,0J01. helot e the Co tttttt issioners under their bankruptcy, as being due to them front their brother, Mr. William liavy ; and it appeared, that so far from owing the delessiliints mon. y,lie had lent them 60001. and was their creditor to that amount. It was imputed to them that they limited Mr. Davy to join with them in committing a tiand on their rreditots, and on his refusal they maliciously swore to a debt of large amount, for the purpose of procurims his imps isonntent. Me. Adolphus addressed the Court in mitigation of pit mishaps:tit. The defendants he described to have been persons in a large way of business, at Plymouth. They bad been seduced, by misfortunes, to great distress and misery ' so much so, that the wife of one of them put an end to her sufferings, by walking into the sea with a child in her arms, and both perished. Searlen was lirlDtl in aggravation on a former day. Mr. Justice Bayley delivered the judgineut of the Court, and, after commenting on the commit) , of the otlence, sentenced the defendants to be imps isoued in the house or Cori ection, Culdballe hells, for one month, and at the exptiation of that time he timispot led tut se-vets yells. Ibe Groml Jury of the comity was discharged by Judge Boy icy in Om usual hone-. I, UPON lER I. VIE AJ ES Y. 111-: LING e. 1111. III:b. 11. RI.V - OW. NI I . have 11/ pi.ty your Los thAlipl' judg iiicot upuu ihi• !try. Richard Thu 44tIchd.iiit lug apl , ousd usi the floor of the Con, t, befiii e whom the information azaiii•t Use wd- lid .1 al the assizes at LIIII• eao. r, rut:veiled to read his 01 the ease ; %smelt it appeared, that the ilenrolaiii, in his s ocation of elr•mgymass,4llll h . the pulpit us \tatk's cbwcb , at Liver purl. in the course of a sernimi ale. ' lie was Idris pmts delivery(' Use following libel of and cue. cluing het Lie alojeisly : " she let in cowardly, *Welt they have 'now laid to my rliargr, I Iltii.k you *%lll do me the justice to say, does cot tithing to IDA tr. ling was never au i iiiii ate of my bosom ; nrsthtr w best .lit• Jacobins raged around us with all tiseir slur w the presowi day of radical uproar and 4lrliiairDi. The latter, stinced, it must he allowed, have one featote about them offal mote hideous and dis gusting than the Jacobins themselves. They fell down and wet shipped ilteCemldes , of Reaqon,a must res pcctalrle had tketut sort of being, toutrated with that *hick the THE NATIONAL REGISTER Radicals have set up as the idol of their worship. They have elevated the Goddess of Lust on the pedestal of shame, an object of all others the most congenial to their taste, the most deserving of their homage,the most worthy of their adoration. After exhibiting her claims to their favour, in two distant (loaders of the globe, after com passing sea and land with her guilty paramour, to gratify to the full her impute desires, and even polluting the holy sepulchre itself with her presence, to which she was car ried in mock majesty ails ide upon an ass, she returned to this hallowed sill! so hardened iu sin, so bronzed with intamy, so callous to every feeling of decency or ofshiune, as to go on Sunday last, clothed in the mantle of adultery, to kneel down at the altar of that God, who is of parer eyes than to behold iniquity,' when she ought rather to hate stood barefoot in the aisle, covered with a sheet as white as unstmned scow, doing penance for her sins ! Till this had been done, I would never have defiled my hands by placing the sacred symbols in hers ; and ibis she would have been bottle! to do in those good old ays when church discipline was iu its pristine vigour and activity." The publication of the libel having been proved, the defendant was found guilty. The ChielJustice, addressing himself to Mr. Blacow, asked him if he had any affidavit which he was desirous of submitting to the Court ? Mr. Blacow.—None, my Lord. The Chief Justice.—Mr. penman, have you any affida vit, ? .__ • . Mr. Denman.—No, my Lord; as the defendant of f ers nu affidavit, neither shall I. The Chief Justice.—Has flue defendant any thing to offer in mitigation of piniktiment? Mr. Macon's—No, my Lord ; nothing whatever. Mr. Deinnam—Under the circumstances in which this case Meath., my Lord, 1 certainly shall uut trespass out the time of the Court. Mr. Brimilitini;—l really fed it unnecessa►y to address many words to year Lordships. Yon have heard the libel read, of which the defendant has been convicted— but your Lordships have not heard the defence which he made for himself upon his trial, and I will venture to say, that there never was in this country exhibited a scene an indecorous—so degrading to the character of man, and more especially to the character of a clergyman—a scene distinguished by the utterance of such base and foul ca -1 Mr. Justice Best.—This is not repeated on the notes which have been read to the Court. Mr, Brun ham.—For that very reason I wish to inform your Lordships of wtwt did actually occur, and I appeal to the learned Judge by whom the case was tried, with great effect, whether he ever witnessed a more disgracetill exhibition in a court of justice? As to the libel itself, it is sufficient for me, in preparing the judgment of the Court, to request your Lordships' attention to the slanders —the vile, gloss, and indecent slanders, of which that libel is composed ; and which were delivered by a cler gyman of the Church of England front the pulpit, in Isis vocation of Minister of the Gospel, as well as to I Ile fact that it is not the first time of this man basing been coll• stele(' of a similar offence. _ _ ...... _ Mr. Justice Best.—Have yon an affidavit of this? Mr. Brougham.—l have, my Lind. The sentence or the Court will be found upon its files, and I have an affidavit to prove that the defendant is the person who was con victed and received that sentence. if the Court shall think fit, I will put it in. Mr. Justice Best.—This affidavit should have been read before, in order to afford the defendant an °ppm t ... ity of reply. Mr. Brongham.—l have not the smallest objection that the defendant should be permitted to reply. The Chief Justice.—ln point of regularity, this affidavit ought to have been read before the defence was called upon. The affidavits on both sides should be read in the 'list instance. Mr. liroughatn.—My Lords, 1 feel it quite unnecessary to trouble the court by going back to the former case. Your Lordships see the tenor of the libel itself. You know the character which the party, I cannot say dors—but w loch be ought to support tne occasion upon which this libel was published, and the person to whom it applied that this de fendant is one of those individuals who are en i aixed in a con spiracy, for the purpose of propagating, openly us well as in beC ret, the vilest slanders iv hi Is It is possible for the human imagination to invent, and to heap upon public und private rht,ucter every abu•c which saucy appear sal,ulated to serve t heir profit:4lldt piirpo-e, as well as those who are determined to listen to and give countenance to such calumnies. l'hc latter are hot less characteriw2d than the former lay in:dig:my or base ime.serving, althou„n the former may have Iris prudence in their di•sigus—as I think Its been rustle to appear Iron: the whutt course of this case. The defendant has conic fur ward upon this occasion—not to alio. Im;iae • lug the publication vi who], he stands charged, hut to a.;;;lavate it by exhibition of additional malignity ; mod lie now 111111l'ilt$, in the last stage of the proceeding, cool tiug, us lie did on Isis is ial, the 4; ttttt niny attached to his roaduct, and braving the puniMusent due to hits olfence.—L now leave him to the judgineut and to the justice of your Lordships, sat :shied you w ill feel yourselves bow id, regarding th situation is Which lie stands, to pass that sentence which, under alt the circumstances, his crime shall appear to deserve. It would be sup Miami to make any further re ' mark I shall therefore not add one word more. uptick! Bayley Men proceeded to pass sentence on the defeudant in the following words is my painful duty to be called upon to pass on you, a clergyman of the church of Logland, the iuttsue of Isis court for a libel, lint uttered by you he a place set ;wait for very difli rent purposes, and all, risaids pi laird:cid puldisiicd us part of a seriatim preached is the chinch ul St. Nlars. it is its itself a very great evil, that a plae. so sailed should be perverted to such purposes. It ought to have twen a ill, very different feelings that the 11110, of alone who atteuiled should have been impressed, our should )OU, 1111011 vu solemn an occasion, have mingled with chnsnull uuuucuuu, oliservatious upon living chwt r.teter,. h%c iiil Misr sufficient faults of our non to correct, 141111110 C01111111:111111A ui.un the faults of othi rsr. is uu %Mali :0:A110:Mull Of We case, Ilint there did not exist an UO:1111.1111) nl upnnou on she mine that is the subject of sc.', ill, wrote, at the time you mentinued it, calceslated In produce dillereut feelings in dillereut much.; but no such feelings ouglii to prevail in a house of fliristian The nututr of the place itself is one of the great sting, in this calla,—t hat ..bids gives to it a feature of pecu liar aggravation. I must s iy you have exercised a wise di* cr clam in having ilet lined to idler any thing this day in of the Orem e of which you have been convicted ; .sod I 11.1 pf lists situ 4 o . 'lloll4l'olle hum n einem tinn, that uu lookluz back to your cuisdUrt, you caw uothiug its it fur which you could offer any defence. The sentence of the Court on you is, that you pay to the King u flue of One deed founds; that you be committed to the custody of the marshal of the Marshalsea, for the (Clan of six calendar montlo ; at the espira sureties to keep the peace fur fire years, yourself in the sum of 5001. and too sureties in the suin of I1)0.. each. The pi ironer immediately reined in the custody of the officer of the court. TUESDAY, NOV. 27. In thc !natter of COL. EDWARD BAILIE V. THE MARsuAL OW TUE MARSIIALSEA. Mr. Gurney sheared cause against a rule obtained last year, calling on the Marshal of the King's Bench to an. ewer to an affidavit made by Colonel Bailie, a prisoner in the King's Bench. The ailidavit of Col. Bailie stated, that on the night of the nth of December, Ib2O, he was disturbed by a noise ill the coffee -town, over which lie occupied an apartment. The disturbance was ienewed, notwithstanding a com plaint to the Marshal, but obtained no redress. Sonic nights after, they sang an indecent song, every verse of which ended with the name of Bailie. The deponent went down to the codee-room to remonstrate, and was insulted by persons there. A Cul. Mead said he was no gentle man, and challenged him. The insults he received were supposed to be occasioned by the circumstance of being it relation to Lord Londonderry. The deponent made frerynent application to the Marshal, but could obtain no redress. He described the prison to be badly conducted. The greatest irregularity prevailed in the interior, and many prisoners were deterred from making known corrupt practices in the prison from the want of pecuniary means, and the dread of being marked men. The affidavit of Mr. duties stated, that Col. Bailie was received into his custody in July last year, and being informed that lie was seen out of the rules, lie, by desire of one of the Colonel's sureties, ordered him to be confined within the a ails of the prison. He never had any quarrel with hint, but did all he could to Recut 1111 l odate. When lie heard of the complaint, lie made Moots y into the sub ject, and was told the only prison irregular was Colonel Bailie himself, who bad been told by Poole to leave the apartment lie occupied, but lie refused. The deponent dismissed Poole, and finding upon examination there was fault on both sides, he endeavoured to reconcile Colonel Bailie and Col. Mead, but no►hing would satisfy Colonel Bailie but committing Cul. Mead to the county gaol. The affidavit of Mr. tit ouchoff stated, that lie had bee n seven years Yoder Marshal, and lie never heard, during that time, any well-founded complaint against the Marshal. Another affidavit stated, that Colonel Bailie declared Ire would be revenged of the Marshal for refusing to admit him to the rules after he had varied undeniable security, Under all the circumstances, Mr. Gurney contended that there was uo foundation for the application. On the subject of the charge of nun residence in the prison, the Marshal made another affidavit, stating, that lie had resided a short distance from the prison, bin had always attended from ten in the morning to three ; that he never left the prison until he heard all complaints, and always remained all night iu the prison, when there was the least necessity. He had been Marshal during the time of Lord Kenyon and Lord Ellentiorougli, and had always the sanction of those Judges. During the whole time limn Lord Kenyon'a appointment until Lord Ellenborough's resignation, he het invariably and constantly attended at Nisi Prim. Finding that his family increased, lie some years ago purchased a house at Putney, hie their health as well as his own. He was only four or live miles from the prison, and could always reach it in one hour, or an 110111' and a half. He had received upwards of 20,000 prisoner, under his charge, and had never heard any prisoner com plain of his nun-residence. Mr. Campbell, on the same side, observed, that if the Cow t were of opinion Mr. Junes did not reside sufficiently within the walls, lie should renounce the indulgence. Ile trusted the Court would look at this application as founded in malice. Mr. H. Cooper, in support of the rule, said, lie felt the full weight ol the importance of this case. He was to contend that the affidavits of Cul. Bailie and others, were ausuisted mole loosely than any lie ever heard. He dis dained, as the representative of Col. Bailie, to notice the charges of a regularity made agaiiist that gentleman. He (Col. Bailie) was a colonel in tile West Middlesex militia, and was related to one of the most lionomable families in England. the Uxbridge family. Mr. Cooper adverted to the charges against the Alarsiial. Elsw•orthy and Bannis ter had rooms in the prison, which they were in the habit of contantly letting out. These I owns were never chunt'd. Colvin and Peckham, o her ullu•ers, had the saint' ivi leges. It was important that no rooms should be without chufts, because a drunken cooler or tinker, nut having any other rooms, might be on Col. Bailey. Mr. Justice Hest.— Ilicre is no danger of that, Mr. Cooper, %lien they can pay two pounds nine a week uut of their cretliturs' money. Mr. Cooper, in continuation.—Witte respect to the coffee-hunsex, it was important they *honld he well con ducted, otherwise they would become peat.housca, to spread vice and contagion outside the walls of the prison. The Marshal was cithir ignorant of what was going on, or thine sa ri 4 Climiskil connivance on the part of those whose duly it was to report the irregularity. The Marshal had examined the parties apart. Why did he do that? The Marshal knew the parties should be confronted. The Judge in Itabelai a would hear the arguments on both aides, and retire to his closet to throw the dice box—the party which had the greatest number of spots was right. fhe Marshal did nut even resort to that mode of justice, but examined the parties separately, from which examina tion no justice could arise.-011 the subject of non-resi dence he cited the words of a con )))) ittee appointed to examine the prison. They reported that it was tinconsti• illlioll4l to allow the Marshal to delegate his duties to deputy. The liberty of 20,00 J Englishmen might be intrusted to the Marahal,and the duties he had to discharge were too intim taut to devolve on a deputy. In the case of Bryant, the person who obtained his removal was Mr. Jones litimelf, on the very gronuil of non-residence. He seas discharged 011 the relation of the very man ag ainst whom the complaint was this day made. The Mkrshal could nut be ignorant of the necessity to reside in the prison. Colonel liailie had served his country in a high statitm, butt since his confinement lie has done his country great benefit. The abuses he hiss brought before the court wonlul no longer exist. The court would do justice as the echo followed sound. The public certainly required the court to du their ditty. Mr. Justice Best.—lt is not fur tI3 to regard what the .0' IN I.: