The National Register. — London, England, 1822-06-17 00:00:00

LA INTELLIGENCE. COURT OF KING'S BENCH. MONDAY, JUNE I - ). .Tlll SING V. JACK , " SEN. AND JACKSON. JUN. This Milan indictment against the defendants, father and san, charging them with conspiracy to sae oust a com mission of Isatekruptcy. The case has already hero helot e the public. Jackson, the younger, for a sum of money, was admit ted as a partner in the business of Mr. rox,a surgeomatc. in Bishopsgate-street. Some time after, whilst lie was a .debtor to Mr. Fox, the father made him a bankrupt, and this prosecution commenced on the ground that the de fendants fabricated debts alleged to be due from the father to the son, for the purpose of sumps,. ting the com mission. The Jary, on the trial, found the defendants guilty. Last Term, the Solicitor General moved for a new trial, chiefly on the ground that a matei Sal doc 1111 l rot had been rasind since the conviction, which truMul alter the blush of the case. This was no other than a rc:eipt for expenses the father had been at in Wilding his son by indenture, %%Welt, with money advanced to him to carry Oli business, and 4001. for which lee had his son's bond, made out the t of the petitioning debt. The Conti gi anted a rule to skew cause, and this day it was opposrd Mr. Seattlett, who contended, that the production of the document alluded to by his learned friend mould not have altered the verdict, as the Jury would not have given credit for mote than the 4001: proved by the soles WWI. The Lord Chief Justice considered this a case which ought to be submitted to the Jury in every point of view, and the Court, under all the circumstances, ordered the rule to be amide absolute for a new trial. WEDNESIMY, JUNE 12. MA'S V. RC. C. Wri.DE, D.D. AND --. ROLETEN, ESQ. This was an action ut trespass brought against the de fendant*, who are Iliitgistrairg of the comity of Nottingham, for false imprisonment of the plaintiff. It appeased in evidence, on the trial before Mr. Justice Palk, at the last summer assiaos, that the plaintiff was, on the 1211* of Sep tember, ltizO, committed to the county gaol on the war rant of Dr. Wyllie for thither examination, and was detained till the 14th, in the felons' yard, when be under went another examination, at the keeper's house. On die 24th he was sent, by order of Dr. Wylde, to the House of Correction; and afterwards Mr. Rolsten came to speak with him on the subject of the charge, at his own desire. Application was made by his attorney to see him; but Dr. Wylde refased to grant it, saying. " We will not suffer any to see him till lie is fully cousiiiitted for trial." His daughter also applied to Us. Wylde, in Mr. Rohteies presence, for liberty to see him, and for pet mission that attorney aught attend him; but the answ?r given was, that his dearest friend should not see him until lie was fully committed, and then all attornies and counsel might come at their pleasure ; that they knew lie had not done it Or his own head, and they would soon have those who set him on. A Hillock's Corpus was panted by Mr. Jos. tire Bayley, die commitment being bad, with some ex pression of a hope that the magistrate would admit him to bail in the country, and save him further expence; bat on healing it, Dr. Ws tile said lie WOlll4l never bail him till lie was compelled so to do. Ultimately lie was brought to Loudon, after lsieg in prison three months, and dis charged by Mr. Joisiiee Bayley on giving four sureties in 2001. e.lrh. At the follUWlllic as,igt-g, a bill w as f oun d against him, but oo piosecittur appeared, and be was ac quitted. On this evidence Mr. Justice Park said three was nothing to go to the Jury against 111 r. Rolsien ; and as hr Mott& the ditty iiiii•t hod that 'here was a joint trispaNs or none, he nousuited the plaintiff. lit a former teen, Mr. Common Sergeant obtain( d a rule to spew cause hy this tionsuit should not be set aside, and a new trial granted.. Mr. Cliuke now hhowed conic at:alma the rule ' contend ing that there W:l4 no evid ence whatever to atfect Nlr. Rolsten, and ilint it would be extremely tisktubt to force Lim to a second It The Co 1111 l wit Sergeant, in support of the rule, nrged that there was evidence of concert which ought to be sob milted to the cisii.ideration of the July. Mr. itolstete concurred in the refusal to admit the itrisonces and was apparently acting throughout with Dr. Wade, ac they were atm in arm wheel the daughter met them. Aithouglt Mr. RoWen did nut join in the in iginal commit. 'twill, or in the change of custody, yet if lie concurred in the continuance of Die impriso 1111 l ent, he was halite, for envy day's detention, with a fresh trespass. This ap peas ed to be an attempt, by duress, to obtain souse coin iiiiiincation Dom the party aecaseil, which woe must ewe Jul y to the spit it (Attie British law. The Lind CliselJust ice, alter conferring mail the other Judges, said, that the Court who were anxious only to do justice to all parties, thought the plaintiff ought to hate the oppoi fimity of sob g his case to a Jury against Dr. Wyltle, but that it would he improper to poi Mr. Rolsten to the expeace of a defence. Against him there was no evidence, because a rf Insal to give an order fur the admission of a veinier to a prison could never be the ground of a trespass. They wound, therefore, set the non snit aside, if the coning I for the plaintiff would consent to enter a mac prasequi as to Mr. Rolsten, and they would give him time to reflect, and to confer with his client on the proposal. TUEADAV, JEER It. THE Kthirt V. PALMER AND PAR[. The defendants, Henry Palmer and Thomas J. Park, appealed on the door to receive sentence, having heels convicted at the last Surrey assizes of a conspiracy to ins (Ince Sir Thomas Cliampneys, Bart, to accept bills of es.clionge to the amount 012,0001., and to give A was rant of Attorney, In one instance a hill of Mad. was obtained for a cant, en, ilesce.bed to be of great value, and origi nally part of the plate ciptipage of Prince Beauliartiois.— Other bills to the amount of 1,3001. for ckrist and sherry Nine, a horse. gold sionf-hox, &e. The a hole transaction, On the part of she. defendants, 11 , 4/1 a cheat and baud upon the pi osecutor. hlr. VI Alford prayed the judgtactit of the Court. Joke Best read the notes of the ti MI. from which it app. arrd that Sir Thos. Champneys being in the ktoug's lie•nch in want of money , Palmer brought lion the canteen a, the property of Park, ea - Melt alas stated to have toren bought at the Custom-home for 4b01., and could nut be made ill Euglrstil for 500 guineas. Ste Thos. Chatatimev s gave a bill for which went into lice bands of Park to pay for the canteen. lie also gave a warrant of attorney. 1 he rante►n was then banked about by Palmer, fur the purpose of raising money. Sir I', Clnunplit 3s, Luwever, THE NATIONAL REGISTER received no more than 1001. The next transaction was the acceptance of bills to the amount of 1,50J1. for which he was to have fifty dozen of claret, a tinge quantity of sherry, and two bills of exchange. Sir T. Champneys was also to have a horse worth 100 guineas. and a gold snuff box worth Lin guineas, which were offered as an induce ment to accept the bills. The Jury found the defendants guilty. Tilt defendant Park pot in a long affidavit, stating that the canteen was worth 500 guineas. the give it to Palmer to sell, and it passed to Sir T. ciamputys, who raised tool. upon it. The deponent wished to get it back, but he lied never been able to obtain it, so that he was the loser, having never made use of the bills. Several respectable persons gave Palk the character of an holiest man. . Henry Palmer stated in his affidavit, that Sir Thomas Champneys made the bills payable by persons who had given him no authority for that purpose. lie advanced Win 100 guineas, which had bever been restored. lie had only received 201. to pay for the stamps which lie fonuil for the bills of exchange. !titer the bilis were not paid, lie requested to have the woolly restored, offering to give back the bills. The property 'um r was restored. Sir T. Champusys had slistained no loss or inconvenience. lie had given nothing but bills, and had received lOU gui neas. The deponent described himself to Ile 23 years of age, and formerly employed in the transport sei vice. Other affidavits were read, which gave Palmer a good character. _ . 51r. Gurney, as counsel for Park, addressed the Court in mitigation, and made severe obsereatious on the con duct of the prosecutor, sir T. Cliattimicys. Mr. Colwyn followed on the same side. Mr. Watford, in aggravation, defended the character of Sir T. Champneys, and deprecated the attempt made by the defendants, *nom he touted sharpen, to injure that gentleman's character. Mr. Adolphus also complained that the character of Sir T. Champue)s had been unjustly aspersed. Mr. Justice Bayley, in passing judgment, considered Sir T. Champneys a weak man, who had been doped by the defendants. The latter, he said, had reunited all the bills, end the warrant of attorney, so that Sir T. Champ neys was not liable. That cirennistance induced the Coast not to indict the tfit.e. The sentence of the Court was, that the defendants be imprisolied in the Rouse of Correction, Coldbath-fields, four calendar mouths. LORE SONDES V. ILETCMEN• The Solicitor General moved to set aside the damages assessed by tne Jury in this case, on the ground that the verdict for 10,0thil. was more than the circumstances could warrant.—lt was an action on a bond, in which the defendant had covenanted. to give up possession of an utlvowsost, of which the noble plaintiff was lay proprietor. he breach was, that the defendant had refused to quit the living, being desirous of doing the duty. The Solicitor General proved on the trial, that the life interest of Mr. Fletcher was worth no inure than 7,0001., and he contended, on this occasion, that the Jury were not justified in giving snore than that sum. The Court were of opinion Mat the verdict ought not to be iliNtier bed, observing, that she rev. defendant aught re lease himself by giving up the livin t. THURSNAY, JUNE IS. THE ZINO V. ♦ MAGISTHATH Of NOTTINSHAM. Mr. Sergeant Vaughan moved for a rule to show cause why a criminal information should not issue against a ma gistrate of the county of Nottingham. lie OM thil Oil affidavits, which set tut th that the magistrate had taken upon himself to consul an individual, under I Geo. IV. fur inflicting sic ary punishment fur ical,eions mischief, whose °lichee consisted in ienioving a batik which ob structed a way previously dedicated to the public. The learned Sergeant argued that the circumstances tinder which tills was done sufficiently proved that the magis trate hail been at tuated by corrupt motives. The Court were of opinion, that no sufficient ground was laid to warrant Mem in calling en th- magistrate to answer ;he charge• In order to Mince them to pint any gentleman in the commission of the peace to the anxiety and enpence of showing cause against a role of this kind, a pips faces case of corruption must appear nu time taila• vits of the prosecutor. But lime it was petfectly con. sistent with those affidavits, that a great deal of evidence oil the oilier side might have been be , oi e the inagisttale, and on width he 'fright have acted. At the A4llll' 111111C,.15 refusing this application, they did not prejudice the patty who considei eel himself aggrieved, in the pursuit of any of his ordinary remedies. MN. CHARLES MUMRAY, HON. SEC TO THE "CONSTI TOTIONAL ASSOCItTION." The Solicitor General showed cause against the rule obtained last I••11)11 by Mr. Kutch, calling out Mr. Murray to show wily lie should not render an account of loonies, and pay over a balance to John de Wolfe and William de Wulle, or to the original (muesli of the vessel called the mgeronia. . . air. Justice Bay ley here suggested Mal justice would be best dime to both parties by r reference. Die Lord Chief Justice enforced the recommendation of a refer ence as the best course, whether the present rule could or could not be supported. The role and all mat iris in difference were then referred to Mr. Alderson, with power to enter into the whole me rits, whether he should Mink the rule sustainable or not, and to make such interlocutory orders as lie should think tit. COURT OP COMMON PLEAS. sitonuax , 10. )11611TINGALIL V. Mr. Sergeant Pell applied for a t tile to /hew cause why the defendant should not pay the vlaiiititi's costs iii this Clow, snider the swine 43d Geo. 111. It appeared from affidas its piothiced by the learned Set geatit, that the de fendant had been arrested for a sum of 4001., that the plaintiff had only recovered 951., mid that SOl. had for merly been paid on account. Li the plailrlilr6 demand a bill of exchange for 10 had been included, and the defendant slated it as his belief that the plaintiff was nut possessed of this bill until after the aettua viais cuinuiesictd. Tile Court granted the rule. VvE.DNE&CAY, JUNE 12. CL4HIL o. 8R0011. 4 . The plaintiff, a licensed vitnaller, brought his action against the defendant, to recover 101. and a fraction, witch the deleadant had received tur him, and had re fused to pay over. The defendant is one of those persons who. not being attorneys, are allowed by the least respectable of those who are admitted tni practice in their names, end the eine rail of the rldiutitra Jettklud, gluouuttatz W 91. 175., w 4 a debt received Ly the defendant from a person named Sutherland, who, bring sued by the plaintiff, had signed a eognovit. The remainder was for a quantity aspirin' sold to another person by the plaintiff. The defendant also received that bill upon application. Sergeant Pell eontended, on the part of the defendant. that Brooks sieve, freCeitCli any money for the ',Lima iss the character of his attorney. He u.is no attorney, but clerk I. Mr. Isaacson, who acted as plaintiff 'a attorney. It was tine the money was paid into his hands as Isaaesores clerk, but Isaacson had die money, and to him the plain tiff ought to look for payment. With respect to the other transactions, an endeavour was made to prove that UM pl ' lf was indented to the defendant in a balance arising out of business dope.. The plaintiff's case was conducted by Sergeant Vaughan. He resisted the defence as a trick, got up to defeat the claim of a fair tradesman, who was nut so well acquainted with the chicanery of law. The Jury, under all the circumstances, found a verdict for the plaintiff fur the whole of his demand. PREROGATIVE COURT, WEDNE‘DtT, Jams 12. %%ILL OF HIS LATE MAJESTY. Dr. Loulsington this day renewed his application to d.e Court in behalf of the claims of Princess Olive of Cum berland, under a testamentary propounded, purporting to be a bequest of 15,0001. Toe learned Advocate went through a long and elaborate deduction of authorities, from the reign of Henry the Fourth, Fifth, and Siath, which had furnished cases in point, with the opinion of Sir Edward Coke and other lawyers, that the right of be queathing private or personal property was inherent is the Sovereign. The following is the substance of Ibis curious decument:— " We, by this paper, to which we hereunto set sue royal sign manual, do give and bequeath unto daughter of our royal brother of Cumberland, 13,0081.; and we command our heirs and successors, after oar de mine, to pay the same to the oise of our said niece, as a rezoinpence for the injury she may receive by keeping the marriage secret." The attesting witnesses to this instrument were stated In be the late Earls of Warwick, Chatham, and Mr. Due ailing, afterwards Lord Aslibuston. fir. Dickinson, stem ward to the Earl of Warwick and Mr. Vanewevre, proved the genuineness of the Eat attestation, as did Mr. Lloyd, • ■n attorney, that of Lord Chatham, and Mr. Driest, many years clerk to Mr. Dunning, his signature. That that Edit of Warwick delivered this instrument into her bands. in presence of the Duke of KrM, explaining other cir cumstances attending the transaction, and hie being charged so to do by his late Majesty. The instrument was dated in the year 1774, and the learned Doctor said it was important that this was before Isis Majesty had been visited by any mental affliction. So confident did the individual 'mitten; and Mime respectable persons when had supported her, feel in the justice of her daps), that. as the Court were aware, she lied adopted a mode of pro ceeding which, should that claim not be substantiated, would lay her liable to a criminal pioseection for forgery and perjury. Application had, in the first instance, been made to his Majesty's Government. bat they load wholly declined to interfere iu the case. The only question now to be considered was, whether it came tinder the jurisdic tion of that Court. lie had the same high authority (Lord Coke) on the affirmative side hot, had lie no such autho rity, stately it could nut be fur a moment doubled that a right of decision exined, wills which the Act providing that the King may die intestate would he tendered trail and vein. Mi. lholnon wag altourt to follow, when Ills Mojcmy's A.ivocate held a short conference with Dr. Litsaingtoo, after which Dr. Lthhington said,—understanding that a very in. portant eutnnittmeittiou 11411 jts.t been made to his Mars— ty'a Counsel, and which riot (Ica the interests of client, he would beg the Court to pet nut Ilse caiie to *timid over Gil ueat court day.—Ortlere.l. Within the last week, not less than 11 horses, llttuelled to the stage euaelies between Lyndon and Cheltenham, actually sunk beneath the extreme beat, and dropped lifeless on the road. DARING RoUIIERY.-0.1 Tuesday mornintr. shoat halt past three o'clock, a most daring and alarming rob bery was committed in the house of M ()shoo rise, 42, Green -street, Hyde Park. Mrs. Osbourne. who is a widow lady, and resides in the house alone with a teuiale attendant, and had, she supposed. only jitst stropped asleep, wnen a sudden glare of light passing across she upper part of her lace awoke her, and site saw a man standing at her bed-side. in the act of examining her face to ascertain whether she was asleep, wick a dark lantern. She gate a scream, but the ruffian immediately clapped a pistol to her head, and with dreadful awns and imprecations swore he would send her to if atter made the least alum, and demanded all her money.— Mrs. (Mourne, as soon as stir could recover her tonne and senses, winch were completely overpowervd• aura e terror, said, " For God's sake shim harm sue, and will give you all I have," tad handed the robber her pockets, cimiainiii.; two 101. notes, some sovereigns, and sits cr. At this ttttt mein the female servant, who slept IN the next room, being awoke by the scream, and hearing bier mistress speak,c tiled oui,asking whether site w a nted - any thing. Tile rotmer, cm hearing her voice. started. instantly closed ihe lantern, and started out /if the mous down stairs, and let nintsell out at the front doer. The servant immediately got up, and opening the window, saw toe fellow she called the watch, but the thief eluded pursuit. by jumping over the Park wall.— An investigation into Me CircutlistasiceS took 4ilace at Nlarltenosigh•street. and Plank, the %likes. stated. that the thief hail made an entrance by cutting a round piece out of the kitchen door, just under the holt, and ewideutly had reconnoitred the house before night, as round the place num winch the piece was cut had been chalked. arid was mai ked so as o u t to Come m contact with this holt, but immediately under it; and frost ether materiel COCl:LllstAleri, the otheer was of opinion that the dud must have been well esperieliced in similar raltences.— Mrs. Usbointie is a very infirm o/J laity. and has beets seriously tortivrosed since the robbery, wecaainorat by ells' .:vssiv•