The National Register. — London, England, 1821-12-03 00:00:00

S7S FROM TUESD.4I" NIGHT'S CLIZE2'TE. BANKRUPTS. P. Morton, Salford, mar Manchester, mere:tont. Solicitor, Mr. Ellis, Chancery Lime. C. and W. W. Stair. Norwich. hombasin manufacturers. Sol. Mr. Abbott, Rolls Yard, Chancery Lane. G. Kirkham. I.ancager, merchant. Sols. Messrs. Chippen dale and Co. Great Queen Street. R. Parker, Whitchtireli, S 'lop. stationer. Sole. Messrs. Stocker and Co. New Boswell Court, Ca.cy Street. R. Jackson, Cannon Street, merchant. Sol. .str, Borradaile, Cateaton Street. J. Ritchie. F. Richardson, and J. Ritchie, Watling Street, warehousemen. Sots. Messrs. Smith and Co. Hatton Court, Threadneedle Street. J. Nicolson, Cummersdale, Cumberland, ironfounder. Sol. 4r. Clennell, Staples Inn. R. Eastwood, Leeds, draper. Sol. Mr. Makinson, Temple. M. K. Denzilve, Bridport, Dorsershire, bookseller. Sol. Mr. Hopkinson, Lincoln's Inn. T. Bayliss, Curdworth, Warwickshire, dealer. Sols. Messrs. Clarke and Co. Chancery Lane. C. Cooper, Upper North Place, (:ray'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 Sots. Messrs. Green and Co. Angel Court, Throginorwn Street. J. Boultbee and J. W. Cole, Peterborough, bankers. Sol. Mr. Anderton, Quality Court, Chancery Lane. DIVIDEND. c. 28, J. Dingle, Charlestown, Cornwall, merchant-19, H. Wheatley, Coventry. silk dyer—l 9. It. Clements, Coventry. riband manullicturer-1111, .1. Ilullis, Goswell Street !toad, stone mason—lli, S. Wood, Bolton, Lancashire, banker-21, M. liattersley, Bilton with Harrowgate, Yorkshire, innkeeper—y. 22, S. Garton. Wood Street, Cheapside, silk manufacturer-22, C. Mare, Itothbone Place, liner, draper-22, T. Little, Bodiltans. Sussex. grocer -21, .1. Harris, Redbridge, Southampon, virtu alter—lS, R. Ratchife, Southwick, Durham, ship bander-18, G. Watts, Chichester, hatter—tM, 'l'. Merrick, Frith Street, Soho. merchant-29, J. Cornwell, Kirton Fen, Lincolnshire, victualler—it, 1.. W. Williams, Fleet Street, wine merchant. CERTIFICATES to be granted Dec. tt. T. H. Parker, Kingston, Surrey, wine merchant—J. Roy, Wolverhampton, tea dealer-I'. Ha ) ward, Clie.tenhani. builder —.I. Rourke, Albemarle Street, Piccadilly, wine merchant—T. Vernon, Towctster, Northamptonshire, grocer—T. Ames. St. John Street, West Smitlitie d, rag merchant—J. Pethurst, Cran brook, Kent,draper—J. Billinge, Bristol, grocer—G. Shoebridge, Cheapside, tailor. LAW INTELLIGENCE. Seals, Rehearings, Appeals, and Petitions, befor, the Lard Chancellor, iffier Alliehaelmas Term, 1621. 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, Fou.th Seal , Thursday, Petitions. N. B. The Lord Chancellor hears Bankrupt Petitions w-day, and will daily, until the First Seal. Seale, Causes, Pd as, Demurrers, Eseeptions, farther direittionla and Petition., before the Vice Chancellor, ails( Michaele**, Term, 1821. First Seal, Wednesday, December 5, Motions; Thursday,Friday and Saturday, Causes. Second Seal, Monday, December 10, Motions; Tuesday, Wed nesday, and Thursday, Causes. Third Seal, Friday, Deweniber 14, Motions; Saturday, Mon.. day, and Tuesday, Caubos, Demurrers, Exception 4 and further directions. Fourth Seal, Wednesday, December lg. Motions ; Thursday, Petitions. COURT OF KINCS M(1 'AY, Nlll/. !..:1). The Court was much 11 . 1 UN ilea fin. day, iii expoefation of the judgment on t h e Rev. R. ILacow land Unlet . Justice sat at Nisi Prins NOOII Mill I and tried I undefended cause!, Mr. Jindiee lica , at eievcti o'clock, heat d motions. 7141 *IN* V. U. GRAVEN, AND U AND S. A. ~No*p6;S. The defendants, on the motioai of Mir. Srarlett, weir brought into Coon to receive judgment for peritity.-.. They swore to a debt of I t,ofOl. betute the Cutioilksitm,r,, tinder their bankruptcy, AS being due to them tom their brother, Mr. Witham Davy; and it appeared, 11.. at ter from owing the defendants moue y,lie hail lent them GOAL and way their creditor to that amount. It was imputed to them that they imUted Mr. Davy to join with thorn in eo 11111 l img a fraud on their vredmits, and on his refusal they maliciously swore to a debt of large amount, for the purpose of procuring his iinpt ismotitent. Mr. Adolphus addle-sod the Court in mitigation of pa uishment. The defendants he tiesmitted to have been persons in a large way of Int.litemi, at Plymouth. The) bad been reduced, by mistOrttents, to great dist' ess and misery, so notch so, Mat Ilse wife of one al• them put an end to her tittleritigs, by walktog into the sea with a child in her arms, and both pet fished. Mr. Searleit was heat d in aggravation on a former day. Mr. Jiealee Bay's y delivered t h e judgment of the Court, and, slits e 1111111 l rifling uta the enuatoily of the offence, menteuct•il the drli•udauts to be imps 'suited in the House of Correction, Culatballa heads, f.,ar uuc 111011111, Mid at the espitation of that WSW be transported ear beSta year y. The Grand Joey of the romity WAS discharged by Judge Ita)jey on the usual let use.. 1,11:1•11. L PON MA( t.,111S 1%1 lES ry. IHe I. 'file eV,. 0. MI. Dcllol.lo. —1 have to pray 31101' 1..0111I001)... judg ment 0 1 1011 tile it:C11.11'11 ithelow. 1 - 11 ,- del. 101010 having apin'ai (Al WI the fluor Ili the C 1, Mr Joatice 11 olsny d. her . ..to whom the informal...li ogniso4 the defendant s. lea nt ii,, last d‘sleeS at 1.411- CelSit p oVvv.ied 10 Is of hi, 1016. ul tilt cane 1 11010 141111.16 II 11101 Ike n,111414611, 111 610 411101 ul cies Lyman, and hunt the pow, tit st. .1011eli, at 1..• et ti. the 00111-e 01 it -.Vl'lllOll Nhilull he. WOl 11091 in caviling. d....eten 111 e follow ilig, Iwcl of .14.1 coned min; hr. late '• I Iln telw cwearelly. which they 11/110 now laid to ma charge, l Iltit.k you nih do inc the pen lee In 44y, doses (Jul llwdong to NW; 16.11 It cling N.Ol never •n iiiiii Ate ot toy 41111001 %Hen di.. J.54.01141i. 11111e1 utonald us Awn All 'bear tiny maid iVielwises. Tile irate, indeed, 61 11161..1 be ado a ed, bile.- war tratoso ammo tnem Alen mute Indtoos mud 011- g waling 10OP Ilse J.teu l / 1 11. 'Joey toll (10%11 mud Aeons:tipped ilietV.ddeAt mosl teapeetahle amfoloceut 061 uf (OWIOIII4OI *Oh Mgt *luck the THE NATIONAL REGISTER Radicals have net up as the idol of their worship. They havr elevated the Guiltless of Lust on the pedestal of /4114111 r, as olttect of all o•hers the most congenial to their taste, toe most dest a v *tog of Ott it hootatte, the most worthy of their adoration. At • r exhibiting her claims to their fagots., to two distant goalie's ui the globe, after t•nnt passntd sea and land with her guilty pal 411101 Ir, to grittily to the full her Our lite desires, and even polluting the holy se poach' e it,elf with her presence, to which she was Car ried io mock inart , t) n n ide upon an ass, site returned to this hallowed soil so hardened in sin, so bionzed with intaiety, so rallons to eve ry feeling of &Tetley or orshanie, as to 40 Oil Sunday irst, (Atoned ua the 111;11111e of adultery, to kneel shoo it at tine dad' of 11141 God, %in is of purer eyes lions to behold putty,' when she ought rather to hate stood bat etoot in the aisle, covered %tilt a sheet a• white as tins tttttt ed snow, donig penance for her sins ! Till this had been done, 1 would never have defiled nay hands by lancing the sacred symbols in hers; and Ikis site would have been bound to do in those good old ays when church discipline was in its pristine signor and activity." The publication of the libel having been proved, the defendant was found gushy. he Cilia Justice, addressing himself to Mr. !nacos', asked I f lie hail any affidavit which lie was desirous of Nolooilliiit; to the Cowl ? Mr. Inacow.—None, nt, Lord. Tile ClnelJustice.—Ali. De 1111 l au, have yon any affida vits ? Mr. De an.—No, my Lord; as the defendant Edicts no affidavit neither shall I. The Chief J native. —l-14, the defendant any thing to offer in mitigation of puisislentiit ? Mr. Illacow.—\u, uty Lund; nothing whatever. Ms. De 1111 l dn.—VH(lyr the ciil.lllllO4llEVIl in which this ease stands, my Lind, I ceitaiiiiy .hall nut trespass on the of the Court. Mi. Biongliam.—l really feel it unnecessary to address many words to your Lordships. You have bean' the libel read, of which the defeisilaiit has been couvicted— but your lwndship,bast nut braid the defence which lie made for himself upon his trial, and I will venture to say, that there never was 111 this ruwllry t xhibileil a /Weinr no indecorous—so &wailing to the 0141'44.'11 r of man, and snore especially to the character of a chit gy undo —a scene distingaislied by the utteiance of such base and Soul ca bs 1111 l ies. Ntr. Justice Best.—Thls is not repeated on the notes which have been real to the Court. _ . _ Mr. that very reason I wish to-inform your Lordships of what did actually occur, and I appeal to the trained Judge by whom the case was tried, with great effect, whether lie ever witnessed a iiivre disgraceful exhibition in a court of justice? As to the libel itself, it is suificient for me, in preparing the judgment of the Court, to request your Lordships attention to the glanders —the vile, gloss, and indecent glanders, of which that libel is composed; and which were deliveied by a cler gyman of the Church of 'England from the pulpit, in his VW:411011 01 31iiiisier of flu• Gospel, 44 well as to flue tact that it is nut the first time of this man hating been con victed of a similar offence. Mr. Justice Rest.—Have you an affidavit of this? Mr. brougham.—L have, us) bud. The sentence or :he Cotti t %ill be found upon lib tiler, a it t have an aititlavit to wove tsar the deteiniant t. tlie petsou who was con victed and received that sentence. If the Cunt t snail think tit, I will put it in. Mi. Justice Best.— ibis affidavit should have been read beim t, in order to attuid the defendant au uppui tunny of reply. Mr. Brougham—l have not the smallest objection that the derciitiasil. ,Itutiltl be permitted 111 reply. The Chief J tis:ice.—lii point of regulanth this affidavit ought to iinvt: been read before the defence was called upon. he affidavits uu both sides should be read in the tint instance. _ _ . Mr. Broughton.—My Lords, I feel it quite unnecessary to trouble the coast by A g, bo kto the former case. Your Lordships .re tile teuor sit the Von know Inc character which tae party, l cannot say dives—lout which lie ought to support—toe ovcasoun upon vi awn this It bet nus pu.ili,itcd, and the person to whim: ii applied: Sisal this de fend int is sine of those individuals who ate eis„ii,ed w a cosi spiral:), for the put pose in propagatin„ °peat!) as will .ts sit secret, the vilest slatiders w iti is it is possottle fur the human imagination to invent, and to heap upon public and private chioacter every aim ,e which nary appear cal Waled to serve their protiogute purpose., as writ as tiros *au are Octet unued to listen to and give counteintoce to such cation/tors. .1 be latter are uot less char:tete, lased it hull the formes 0) asitligasty in base tinte-serving, altlii.ough toe lot mei may have less pruileoce In thi ir tli . sitrii,—as I think has been iu.,de to appear - the whole course of this case. The defesadaia lots come for Kurd upon tins occasion—not to apo lovae tor tile publication urth which he Maims charged, but to aggravate it by no: rahtbuion of udd )) ioo nai multgoott) ; and tor mow uppeats, in the lust stage of the proceeding, courtiat.;, its lie did sin his trial, the igt 00000 iiiit widened to to conduct, and braving tile puntsimicut due to ills offences—l !low leave o.ai la toe judgment and to the justice of your Luitisitips, satisfied ~ou will feel yourselves hou.al, regardiiig oar situation in whirl] lie stautle, to pass that foriliellee Which, uudtr all tile circumstances, his cmuie shalt app , ur to deserve. It would he superfluous to make any further re mark I shall therefore slot add one word -e. justice Bayley then procireded to pit.” veuieuce oil the defendant Os the following words t•—tt Is my liana - Ist duty to he coiled upon to pans on you, aiLigyttialt of the churcis of England, the sentence of tam court lOU a libel, first uttered by you au a place net apart fur very dilltrent purpie.en, 1111.1 ait..ro aids printed and 11(1111iSliell OS part of a n 4.11113011 prc.ic In the clutch 111 St. ftLit 1.. It it in itself a eel y great evil, that It plat , so should be perverted to such purposes. Ii 10 Vast been wills very iit teetotal, that the mina, nit tuose wuu attended should have been ini i llirtined, our n 1101,11.1 )011, 40111 SOIMIIIII au oCe.l-11/11, 11:11/e mingled with C 111,11.411 111.11.11 . 11011, 1111 . . OIIttIVAIIIIII% upulllivlttg clut raiders. Ile all have sudicieut faults of our nail to correct, without rulunleuling upon the tcaills 111 Mauer. ba in 110 small aggiavaittin to the Cane, 111x1 1/0 1,111 d slot ex ISt an 1.1.4111 i 11l it, tit °piano' 1.111 Ills topic toot in lite butiject of this Bbll. Ji was, liserefote, at the time yua 111e1.1111.11111 eiLICWl.lled 1.. pn.duer doiletent treliino in clitlerc sit wools; bbl no sue' t..C11110.11 MIA hi to prevail to a house of 1:110,11:111 ucvlop. 'lnc iiiitare of the place it nog of the veto ,1111 g. to loch ;Live% to II a teitture of pecu liar 11A,J1,105111.111. I mast nay you have ex. retied A Nine Cltllll.l 111 51441114 or. I:iied lo uder a..y tutor, Ms day tu no ttiotion at the e of Which you have been vuuvicled ; and 1 Waite that 111.11.111.10 Ilion 'trove front tl coovictiou, t hat uu looking back to your conduct, you rats smiting so it tut Y • which you could m01•r nny defence. The sentence of the Court an you is, that you pay to the King a hue of One Hun. Bred Pimp.ls on b committed In the eua•,d) ut the marsh,' of the klarsheisen, for till term of ids c:Otnitl.tr ulopit:l4 ; at the cygniaiiiiii of which you shall enter into Amalie•; to keep the peace the rave )rari, %outwit' in the sum a 5001. and inn sureties in the i•uin ut 100.. each. 'file pi thinly'. immediately retsied in the cu.tody of the ollicer of the coml. TUESDAY, NOY. 27. In the matter of COL. EDWARD 13411.1 E v. THE MAE.HAL OF TUE MAIOLALSEA. Mr. Gurney spewed cause against a rule obtained last year, calling on the Alarshal of the King's Bench to an swer to an affidavit made by Colonel Ba .le, a puisouct the King's Bench. The affidavit of Col. Bailie mated, that On the night of the bill of December, Its.io, he was disturbed by a noise in the collier...room, over which lie occupied an apartment. The disturbance was I enewed, not frillibtaiiiiin g a ruins plaint to the Alarshal, but obtained nu I edtess„ nights after, they sang an ;unfree"( song, every veer of which ended with the name of Bailie. The deponent went down to the collee-room to remonstrate, and was • . Berl by eersmis there. A Col. Mead said he way too `rude. wan, and challenged him. The insults he received were supposed to be occasioned by the citclititstiiiire or being a relation to Lind Lunilunder y. The deponent made arritient application to the Marshal, but could iintain no redress. tie described the pi turn to ire badly conducted. The greatest irregularity prevailed in the •rior, KIM many prisoners were deterred from santiotig known corrupt liriteliCeS Ili the prison from the want of pecuniary and the di cad of toeing mai kelt men. The affidavit of Mr. „lours staled, that Col. Bailie was received into his custody in July last year, slid being informed that he was vevii out of the rules, he, by 'tem e of one of the Colonel's stitches, ordered hull to be cotilitittl within the walls tot the pnsou. Ile never had any 1'11:J11C' with litisi, but did all he could to accommodate. When he heard of the complaint, lie made inquiry into the sun ject, and was told ilie only pel4llll aro egtilar was Colonel Bailie I • self, who had been told by Poole to leave the *par tinent lie occupied, but lie refused. The deponent Poole, and fluting upon examination there was faint nit both sides, he endeavoured to reconcile Colonel Bailie anti Cid. Mr ail, but nothing would "'mkt . ) Colonel Bailee but committing Col. Mead to the county gain. The affidavit of Mr. BrOnClitill stated, that lie had been seven years hinder Marshal, and he never heat., Miring that time, any well-founded complaint against slii- Another atti•lavit stated, that Colonel Bailie decl 4B t it he would lie revenged of the Marshal lot refusing to admit lam to the tides alter he 11411 (Meted undeniable security, Linder all the circumstances, Mr. Germ" , coilleilili d that there was no foundation fur the appliceition. . . On tile &Mucci of the charge of non residence in the prison, the Marshal made another affidavit, stating, that lie had resitl:4l a short distance from the plitlolll, bat 11.111 &lAN'S attended from ten in the 11101 gto three i that he never left the prison mild lie heard all complaints, and always remained all might in the prison, when their was the least necessity. He had been Malsit.tl too tug the time of Load Kenyon and Lord Ellenborough, and hail always the sanctton of those Judges. During the whole iime from Lord Momyon's appointment mini Lunt Ellentiortingli's resignation, lie hail invariably and constanity attended at Nisi thins. Finding that his Lundy increased, he some years ago purchased a !tense at Putney, for their health as well AN hi, own. He was oily tour or rive miles hewn the prison, and could always rearil it in one Mita, or all hour and a half. He had received sip waids ol .4ti,trotl pi Isom, s under his charge, and had never neard any prisueer cum plain of his non.resiolidice. Mi. Lsiiipirell, on toe saws side, observed, that if the Cunt t stele of up: nemMl. J ones did not reside sufficiently within tile walls, lie should renounce the indulgence. lle trusted the Cum t would look at this application 4111 . 01111ded ill timbre. _ . Mt. II Cooper, in support of the rule, said, he felt the lull weight el the ;Divot lance of this case. Ile was to contend that the atiitlat its of Cul. Bailie and others, were Allan 111 ell mute loosely than any he ever !Ward. He de— delisted, as the reps esentative tit Col. Bathe, to notice the charges of to retolarity made arfaiust that gentleman. He (Cul. bathe) was a colonel in the West Mititliesea and was related to uue of the tined. honourable families in England, the thcbritlge family. Mr. Cooper adverted 10 llie dial ages aioisist Use Elswurthy alld Haunts ter had rooms oat the pi isuu, winch they were tit the habit of cutitantly letting out. 'flies., tUullta wete never chuned. CUIVIII 41111 Peekli.nuu, u her uitict, , had the same ptirt leges. It was 'input's's' that itu towns should be %%nitwit Waimea. because a drunken cooler or mike', nut having ally other riltollls,llllolt be ceattsrd on Cul. Halley. Mr. Jtentec.lest.—.here is nu danger of that, NIG Cooper, when they Call pay two p Is Utile a %Uri out of thell el ed.tUrs' 11101Ity. Mr. Cooper, in continuation.—With respect to the cohee-houses„ it was important they should be well con ducted, o'.lierwise they would bevoine pest-houses, ta spread vice and contagion outside the walls of the prison I he Marshal was eithir ignorant of what was gum:: on, or there: was .1 criminal ColllllVititee via the part or those tv 110 , e dirty it was to report the irregulat ity. The Marshal load examined the parties apart. Wiry did he do brat? The Alarstial knew the parties t•Itt111141 be confronted. The Judge iii itairelars would hear the arg •ists oil both sides, and retire to his closet to throw the dice box—the party which had the greatest tier of spots was right. the Marshal did nut even tesurt to that mode of justice, out twit nu justice could arise.-011 the subject of nun-rest deuce lit cited the words of a committee appointed to examine the prison. They repotted that it was unconsti• national to allow the Marshal to delegate his duties to deputy. The liberty of YO,INfd Englishmen might be intrusted to the Maislial,and the did ies he had to discharge were too inipui taut to devolve on it deputy. In the case of Bryant, the petal/II who OUtiltiletl fns temoval was Mr. Jones 1 elf, on the very ground of aon-residence. He Was kitaellalrged Olt the relation of the very man aga t u st WllOlll the et/11104111i was this day made. The Muskat could nisi be ig . ant of the necessity to reside in the own. Colonel Bathe hail see ved Inv country in a high station, but aleace Ms confinement lie has done his country gloat benefit. Tire abuses lie has brought before flie coin t would no luirger exist. The court n °old do justice as the echo followed sound. The public certainly required the court to do their duty. Mr. Justice Beat.—lt is not for us to regard what the r w ave +