The National Register. — London, England, 1820-06-19 00:00:00

LAW REPORT. COURT OF KING'S BENCH, WESTMINSTER, TUESDAY, JUNE 13. Licensing Magis'liaes.—The King v Collins and other:. Application was made by Mr. Scarlet', last Term, for a crimihal information against certain magistrates oldie county of Middlesex. The motion was submitted on affidavit, charging the magistrates with corrupt exercise of their authority, in refusing without just and ade quate cause, to renew a public-house license to a per son named Meek, who formerly kept the Green Man, St. John's Street, Clerkenwell. A rule to sliew cause was granted on a variety of statements, and Some others, that Mr. Meek, had for several years occupied the house in question. In 1816 his licence was refused, on pretence that he had opened t..e house with two entrances, and taken out a beer licence as a colourable pretence for keeping a spirit shop, which was the prin cipal part of the business, and that he had disposed of h Ater trade to another person in his house. On the refusal of the licence on the above grounds, Mr. Meek presented a petition, and was examined. He declared that he did not dispose of his business for a premium, hut it was admitted that his own waiter had taken the beer trade to pay him one guinea per butt. lie al leged that the ground of refusal was not that stated, but that his licence had been withheld in consequence of his refusal to deal with Nieto: and Co. and of his hav ing transferred his custom to Barclay and Co. It was alto stated, that on one occasion, when he attended in get his licence renewed, a son of Sir Robert Wigrain, who was a partner in the house of Metix and Cu. came and desired one of the clerks to write his name, which he sent in to one of the inaaisirates. Sir N. Conant came out soon after, and conversed with hint some time. —He was refused his liceuce on that occasion. At another time, two clerks of the house of Mena and Co. were in the room, and he suspected they were there to influence the magistrates. The reason he mitt teal Me.al and Co. was that the beer was indiffirent, and &C.., the change he sold mach more. In 1817, 18, and 19, he repeated his petition fur a licenc.., but although he offered to fit up his house in any way the magistrates might direct, they refused him the licence, and the consequence was, he lost 14001. and had since been ruined. The magistrates had granted a licence to a house a short distance from him, namely, the house kept by Temple and Co. at the corner of Fleet-market, where they did the thing he was blamed for. The Solicitor General this day shewed cause against the rule, and produced affidavits sworn by the magis trates, their clerk, and several officers employed in their service, stating positively they had nut refused the li cence under any corrupt motive, or favour for Meux and Co. but in the discharge of their duty. Sir N Conant particularly made an affidavit that he had no recollec tion of the meeting ascribed to him with Mt. Vs ig ram, but he was so conscious of his own motives, that he was sure the conversation had nothing to do with Meek. All the partners in the house of Mena and Co. put in affidavits, stating, they never had exercised any influence to prejudice the party. Before the Solicitor General had read all the affidavits, the Chief Justice observed, that enough had been shown by the affidavits to prove the charge of a corrupt exercise of authority was unfounded, therefore the Court felt disposed to dis charge the rule. Mr.Scarlctt, in reply, supported the rule, and con tended, that although the affidavits of the defendants did not acknowledge any such influence as that attri buted to them, he hoped to be able to shew all the allegations were web founded; he wished at least to show that his client had grounds for coaling before he Court. The house in question was the oldest in the parish—it was the best conducted houae in the parish— all the respectable inhabitants of the parish had conic forward to rove the character of the man and the conduct of the house: the house was shut up, and the man was beggared. Mr. S. Marryat, on the part of Mr. Gaskill, stated, that the application, as against his client, 1111/151 have been founded in mistake. At the last meeting, the refusal of which formed the ground of the present proceeding, Mr. Gaskill had taut lieen present. The error imputed by Mr. Marryat was admitted by. the other side. The Lord Chief JUSOCC.—The mistake of the appli cant has induced the Court to grant a rule against Mr. ask ill, whicit certainly might not to hate liven granwil at all: as against that gentleman, therefore, the rule must be discharged with costs; he has been impropesly brought here, and it is but just that he should he relieved from all expe..cc. As against the other gentlemen who are deletitlanis, the Court is of opinion that the rule ought to be discharged, but without costs. We are inclined to adopt this course, because it appears that, upon two licenstaig (lays, in 1816 and 1817. the man .- ging clerk of a brewer was present. Now this is a cir cumstance c.ilculated to excite suspicion: it has excited suspicion in our minds, and might well excite SUipic:cut in the mind of the applicant. 1 shoillil also say, mat it strikes US as highly improper that, at a meeting held for the licensing of public houses. Sir N. Conant should have left the rovnt for the purpose oh speaking to a brewer.—lttile discharged. THE KING V. LORD RANELAGH. Mr. Scarlett said that he had Once wore, pro form', 10 move toritidganetit in this Case. Ile 110tiers1001i tine. Lord hang laull had been 3eell by two persons going into the house of hts attorney, although lie is too much in disposed 111 collie 11110 the Court of King's Bench. Mr. Bruneham had au Aida% it from two medical men, stating than LNrtl Rant-high could nut, without infinite danger, be hi - ought tip for Jud;itiedt. Ills Lordship had, in fact, been agent attacked with apoplexy since the La application. REX, V. itimtoNDs. As soon as the Bar was gone through, Mr. George Edwoude, of Birmingham, addressed the Court, and THE NATLONAL REGISTER. requested that he might be allowed to have a copy read of au information which had been filed against him by the Attorney-General. He made a similar application yesterday morning, but was nut attended to, as he had no affidavit verifying the assertions which he made.— He now informed the Colin he held in his hand an affidavit, which, with their Lordships' permission, he would read. The affidavit stated, that the deponent had applied for an office copy of the information, which► had been refused hint on account of his inability to _pay the customary fee, and that from this cause the officer of tile Court had refused to record his plea of " lout' Guiity." It was further stated, that he had no means of paying the fees, or of retaining professional assistance. Baron Graham—Does your affidavit state positively sisal you are unable to employ counsel ? Mr. Edmonds—lt does, my Lord. Mr. Edmonds read that part of the affidavit in which this fact was sworn to. Baron Graham—Bin the Court will require a much more explicit affidavit before it can interfere. You must state it in the usual terms, and then you may be allowed to sue inform ptiuperis. We can do no more. Mr. Edmonds—My Lord, 1 have been informed that a cit,tone exists of reading the information to those who carrot afford paying for a Copy. It is, I believe techni cally called graining oycr. Baron Grabaist.-11 is first necessary that you should proceed as the Court has directed. 1)o not take up our Mlle unnecessarily. Mr. Edmonds.—l should wish then, my Lord, to be heard on tite facts mentioned in the affidavit. It is hard that a person should be obliged to pay for a copy of an information charging him with all offence of whiah it is probable he may be found not guilty. The Court here interfered, and would not allow Mr. Elmonds to proceed. For some days past the inhabitants of the Kent road have been much annoyed and alarmed by loud screams, which seemed to issue from a cottage in the occupation of a woman of questionable character, whose husband is confined in Hursemonger-lane prison on a charge of forgery. The shrieks were continued daily almost without intermission, which induced the landlord of the Green Man public-house, and five or six others of the neighbours, to take some measures to ascertain the cause. An attempt was made to force the door, but it failed, and one of the squares of glass was then broken, and a man lifted up to the window. In one corner of the room he beheld three poor children, the eldest of whom was not more than eight years old, lying on a straw pallet, and so exhausted with weeping and hunger that the eldest could hardly reach the window; they said, that their mother was in the habit of going out early in the morning, and nut returning some times all night, but more frequently for two days together, during which they were left entirely without food, and locked up. The neighbours sup plied them with food for a day or two, during which they kept a watch for the inhuman mother, who did not return home till two o'clock in the morning, and then she was quite drunk. A deputation of the inhabitants, consisting of four persons, waited on Alderman J. J. Smith, at the Town Hall, to whom the case was detailed, and the worthy Alder man immediately advanced a sum from the City Funds to be applied to their use, if necessary, and despatched Reeve, the Marshalman, to the house, whose picture of their situation was most deplorable. The parish officers have since taken the unfortunate children under their care, but their unworthy parent has disappeared. A youth, named White, about thirteen years of age, son of a shoemaker in Highfriar.street, New castle, fell from the Quay, near the Custom-house, into the river Fyne, on Friday se'nuight. Two sailors, from vessels lying near, soon jumped in to attempt his rescue, but neither being able to dive, their endeavours were fruitless. A young seaman, named Lewis, immediately plunged in, and suc ceeded in dragging the youth front the bottom. He had, however, been upwards of ten minutes in the water, and all appearance of animal life was entirely suspended. He was immediately taken to a suitable apartment in the Three Indian Kings tavern, and a professional gentleman, named Dixon, was sent for, who had been eminently successful in restoring drowned persons to life, and who had, in the same house but a short tune before, restored a person to life under similar circumstances. He happily soon arrived, and oiler proper preliminary treatment of the body, succeeded in. inflating the lungs ut' the young man with his own mouth, before the appara tus tar restoring drowned persons could be procured from the Tuwn Court, where it is kept. In a short time his exertions to restore suspended animation were crowned with success, much to the joy of the afflicted parents of the youth. A nutncer of mer chants and tradesmen on the spot humanely ren dered every assistance in their power, and a subscription was set on foot to reward the young seaman, who by his intrepidity had rescued the youth from a watery grave The situation of the South of Ireland is most dis tressing. In the space of one fortnight eight Banks have stopped payment, one of which has subsisted nearly a hundred years, and others upwards of half a century. 199 THE NEWGATE SPECTRE!—A report lately reached Mr. Brown, that some of the convicts tinder sentence of death in Newgate complained of being visited by a Is host, which appeared to them at ten o'clock at night, and in a short time afterwards a regular statement of what they called the facts was made out and sent to the keeper. Mr. Brown sent back an answer, with which they were not at all satisfied. He said, that if they had been engaged in prayer, and as sincere hi their repentance for their past crimes as they professed to be, the silly apprehension of ghosts would not trouble them. One ' of them declared that a ghost with red whiskers suddenly appeared before him in a flash of fire, and after crying out, " Henry Martin, when will you pay me the death you owe me?" vanished in an instant! Another said, that at the very moment the ghost appeared to him he was at his prayers, and although lie prayed fervently the apparition gave a loud knock, and said, " Jack, Jack, when will you pay me the death you owe me?" The departure was as sudden as the approach, and the smell of brimstone was so strong that the unfortunate convicts entertained no doubts as to the region front which the ghost had come, and to which it was about to lead the way. The laughter to which those declarations exposed the convicts, whatever effect it might have upon the rest of the prisoners, did not remove the impression upon their minds that Newgate was in the hands of the father of darkness. They however thought fit, after having been assured by Mr. Brown that one of the fraternity had been amusing himself at their expence, to make some enquiry, and they succeeded in ascertaining that a colts ict, named Hay, was the ghost, and the flame of fire mid the brimstone. Hay had taken it into his head to try whether five men, who had not been afraid to commit robberics day er night, would be afraid of a sound and the light of a candle at night. There are five condemned cells in one passage, in each of which there is a prisoner. At ten o'clock, when all was dark, Hay entered the passage, knocked at the door of one of the cells, spoke a few words, and thrust a lighted candle through a hole, which is just large enough to admit it, and as suddenly withdrew it, to the consternation oldie inmate, who cried out, " 0 Lord, have mercy upon oar' He did the same at the doors of the other lour cells, and exclamations of fright were heard at each.. He then stole away, after having uttered a deep groan, which was re-echoed from the cells. LES OISEAVX DC FRERE PUILIPPE..—.FItre Philippe anxious to rear a youth in the utmost innocence, seclu ded hint entirely from the world. Adjoining his pre mises was a garden, the door of which was so long closed, that Philippe never thought it would be re opened. One day, how. ver, daring his absence, this door Hew from its fastening and his eleve, then 18 years of age, for the first time beheld a woman ; she was of a corresponding age, and one of nature's choicest beauties : the youth, equally astonished and enraptured, flew towards her ; her timidity rather than her inclination made her evade his approach ; and Philippe, on his return, found his eleve dejected and strangely agitated. The cause explained, Philippe assured him the object he had seen was a bird ; that there were marry kinds of them, but all dangerous, and should be carefully avoicict:. The youth, however, remained sullen and iiiisalished, and curious to see another of the species, Philippe pro mised he would procure one that had been tamed, which he should have a fair opportunity of examining: and, as it was his wish to divert the mind of his scholar from all thoughts of the fair sex, he prevailed upon a very plain and aged woman to come into his views and submit to he exhibited. Whet) the youth was introduced It is easy to conceive how•different were his sensations— he clapped his hands, screamed and hooted, to make the old bird betake herself to her wings, but to no effect ; he discovered the trick, and was eventually introduced to and united with the first object of his affections. This story is dramstized in a popular opera on the French stage; and it is now midmost, in Paris, to denominate plain women—"les oiseatsr de Frere Philippe.' Curious fact in Orniikology.—A Turkey cock, ' at Mr. John Fisher's Whiteleigh, near Preston, has taken possession of a common hen's nest, containing seventeen eggs. Poers.—Lodgings being announced for single c'entlemen in a genteel neighbourhood, the other day, with an N.B. that they would not be let to any poets, a gentleman was curious enough to enquire the reason, when he was given to understand by the landlady, that the resolution she had formed arose from her having let the lodgings to three different poets in her time, who had only dotted the floor all over with ink, spoilt her looking glasses with wicked rhymes, crowded her door with duns all day long, and run away at last without paying her a farthing of her rent. The first stone of a charity school at Costeasey, which is to be erected at the expence of Sir Geo. Jerningham, Bart tbr the education of the poor of that place was laid on Thursday sc'nnight. Mrs. Kean accompanies Mr. Kean to America; they sail for New York early in September, with Mr. Price, the Manager of the New York theatre. Mr. Kean intends to make a compete professional tour through the United States, and returns to England in about It/ months, SUM NI I.: It CIRCUITS. omr.—l.ord Chief Ju•tice Abbott, and Mr. Baron Wood. Non For K. —Lind Chief Justice Dallas, and Mr. Juttict. I loin (I. Ni I la. AND.—l.ord Chief Baron Richards, and Mr. Bunn urrOW. W EST I: It N. —M r. Baron Graham, and Mr. Justice Burrotigi. NOILTH b: as.— Ir. Jltatice Bayley, and Mr. Justice Park. Oxroau.--Mr. Albllce Best, and Mr. Ju4hc.: Hic:i.trdson. The plague has again broken out iti Tuui3, auJ has already carried off hall the inhabitants. t.~. .