The National Register. — London, England, 1823-04-28 00:00:00

ADMIRALTY SESSIONS. 21.—The Right. Ron. Lnrd Stowell ',timed the Court at Moe o'clock, when the officer of the Court read the Comiuksion, and the proelautatiut► against vice and immorality. The Grand *buy were afterwards impannelleil, ad dressed by Lord Stowell, and retired to their chamber to hear the evidence adduced-against the prisoners ordered for trial. Hi. Lordship then retired, and re entered the Conti at hati-pdat ten o'clock accompanied by Mr. &Arun IluDock and Mr. Jubtice Palk. CHARGE. OF MURDER. " William Riddell, William Coke. and Garrick, were indicted for havin,:,,on the 9th of March, 1821, cem. mined an assault on the Gaptaiii of the brig Easily, and i Bicting divers wounds, whereof he afterward% died, on the high sees, near to one of the Malacca Islands. Mr. Holland stated the ease for the prosecution. Mr. Justice Park inquired whether the prisoners navi gated the vessel to England. Mr. Holland replied in the iterative. Mr. 3 n rtice Pat k.-1 think yon cannot sustain your in dis intent. _ _ . Dlr. liaron Hullock.—lly the statement of the learned gentleman for the prosecution, it does nut appear that there si as that nettled scheme to it wive of life, which could be called malice pi epenve, and which was necessary in a charge of murder. Mr. ,Isi.tice Park (ken directed the Jury to return verdict of acquittal. At half-past eleven the Grand... Tiny entered the Court, and returned, a trite bill against the following prisoners, fur having committed the crime of mut der on the high sc am. viz Krane, aged 3; ; Carl Kalka, 3' ; Jan Stimitit, 31; Jacob Robileati, 26; Jan Lampe, 30; Martin Kapee, ; Jan %limos, 22; Jan .Venner, `22; Jan de Parse, 26 ; Vadat' Marrs, ; 2; Kiest 24 ; Kendrick de Moue, ; Jan de Prenchherg, ; Jonathan Vandyke, 21 ; Jan Curt, 115 t Ilendrice Allerson, Jan de Premark, 10 ; Cornelius Rey Mae, 31; Abram de Mithitaar, 21 ; J Ilan:sot, 27 ; and William Dattgei field, IS. The prisonels ate all stated to be natives of Flushing, Middleburg, and Trader, and by profession fishermen and mariners. The prisoners were then nsliered into Court, most of them attiied in red fishermen's jackets. On being ai r dem d at the bar, they answered to :heir names, but pro fe,,etl Hot to understand the indictment. Mr. woollier believed they did not understand English. Mr. Justice Pat k.—Theu we must have interpreters, one on emelt side. They were celled and sworn, one of whom went into the dock and read Ibe indictment in the Dutch language, within the hearing of the other. The prisoners pleaded—Not Guilty. Six of the prisoners were arraigned at the bar. • During the interval the indictment was read, consisting of i lg vomits, the principal charging the prisoner wills shooting into the Badger, a vessel in the service el his Alaksty's Customs, Ott Dungeness, within fourteen leagues of the county of Kent, on the 13th of January last, and killing and slaying James Hatpin . and Williaut Culluntr tact rs of his Majesty's Costume, All the prisoners, except the first six, pleaded in English, which language they appeared tolerably hell acquainted with. The captain of the smuggler, Cornelius Itaymas s is a good looking man, and.pleneled sot guilty wills great firmness. The witnesses were ordered oat of court. Sir C. Robinson stated the case to the jury. On the 13111 of Jaimary last, the Badger was cruising within 3 leagues of the French and right of the English coast. About nine in the mor g they descried a vessel. which they supposed to be a smuggler ; they hoisted 11m-revenue en sign and hailed her to bear to, but they neglected to obey. Alter a long pursuit they overtook her, when the Badger fired a shut, and the crew of the peer cried out tor " quarter," in the English language, in consequence the firing ceased for some time, after which the Badger was fired into by the prisoners, and William Cullum, one of the officers was killed on the spot—they again called for quarter, which was granted, but they afterwards re-com inencedtheir fire on the vessel which had allowed the ar mistice, killed another person, and wounded divers others. The resc u er cutter was ultimately victorious, and board ed the s _rgler, un humid of which they found a lat ge quantity of contraband goods, together with fire Wills and atumusritiun. Ile wished to observe that the majority of the ',simmers had assumed 13nti.de names, although they were principally English-born sstbjrets, and it was also very material to slate, that the log-book as well as the ship's pepeis were.waittenalai English ; he should prove that the captain oldie ate • •gler knew the English lan guage well, anti duct Oh the day in qnestion lie was aiding eLetting, and encouraging the ether prisoners in the dis charge of the fits-arms, and having proved this, he con. ceised that the charge of minder would be fully edits- blished. Lieutenant Henry Naga examined by Mr. Jarvis.— Cht the 13th of January last witness ounnatided the Badger, whose station was flout South Foreland, on the toast ut Kent, to Dungeness; sew a suspicious sail about half past seven a. at. lolly rigged, an•• apparently beating from Urbane., on the coast of France, and about seven leagues from the llritisli emir-, witness bore down to wards her, alien she tacked—witness followed her ex ample and tat ked also, attempting to overtake her, which she finally did ; unseal hoisted the revenue ensign at ilia head, marked with a red field, on which was a crown ; field was a techinal term—at the other corner was a onion jack—ilre flags were hoisted at their usual and proper places. (The flag and pendant, and ensign, wet c now produced to the Jay.) They were hoisted about nine, and a shot tired fur the stranger to bring to—she refused, when a tines% ordered a gun shot to be freed into her, to which AC paid no attention, but pursued het course— aft.r tltu iepse of ten minutes, witness fired again, when the smuggler returned the salute, by a discharge Irons one 01 berate's' guns. The firing continued front both ves sels for about two hours, when witness came tip with her, a ben the clew of the stranger callsil out for quarter in plain English language. The captain at the bar was one who so called out and begged forgiveness for himself and his clew, on account of what happened. Witness pro mised to tilt so, and the firing was stayed on both sides. Dating the time a itness's men were lowering down the host, the smuggler again commenced tiling • in comae (lllPlled, Mr. W. Cullum, as Excise officer was killed ; he SAW hitu fall—be died instottly. Knew the hall cause :;or- T 1 . • NATIONAL REGISTER from the strange vessel, but could got say who discharged the piece—they again cried quarter, which was granted, and the firing ceased. Re again lowered the boat. and witness's mate !sought the prisoners on hoard the Badger, and two others-23 in all, out of which seven were wounded, one of whom died next d ty. Examination continued.—Out of the 23 the prisoner at the bar formed a part—witness f I two dead on board the stranger, which was I lo tons burthen—witesess Nand on board her eight bales of tobacco of 20 cwt.—lse also found 20 half ankers (caski) on board, containing Aront four gallons each, of foreign brandy—there were also II chests of tea, anti some pepper. Crnss-examined by Mr. ltrouglsam.—The firing had not ceased inure than three or four minutes, when it re-com menced. The man whom Iteyonas pointed out as the cap tain might have been a Dutchman fw any thirst; I know. I addressiol Replies in English, awl he answered me in the same language. I pronsi•ed to let theses away. lir Call. , e I thought they would recommence the action if I did not. I suffered them to go into a boat, and to get oboist two caelcr,' length from the vessel, and I then sent my boat to fetch them back. They had taken their wonsided men on hoard, andalso a tub of gin, some pi ovedons, and all their clothes. I know the viz:: is worth 11,0001. and I • sun entitled to one-eighth. Charles Brett, a seaman, deposed, that De French-' berg said, after the Badger's people were on board the smuggler. "If all were of my mind, I'll be 11—(1 if you al Id have her nowt I would sootier go down in her."— This was echoed by sevcral others. Witness remonstrated with them for firing, Ann one said, "It cannot be helped now; it is a bad job for 'is. Another said, 6 , Irll be i 1 1 if I thought your cutter would ever have caught this ves sel—we took you for one of she entail cruisers. We should never have fired but fur our liberty." When we gut into the Downs, De Frencliberg and Otlicrs assembled together in the after-part of the vessel, and begged to speak to C4pt. Neger. They Sent a message to him by wpmeas, begging that he would be its ravourehle to them as possi ble, fur they supposed they were going to be put un board the Severn. Other witness confirmed the foregoing testimony, and the case for the prosecution closed. . Dr. Lushington rose to offer objection!' in point of law to the present proceeding. 'flue Learned Dactor, in an address cc plate with the most profound learning and eloquent argument, eonternled, in the first place, that the Btviger had no right whatever to search the vessel in question, and that the attack made by the former was illegal, and not authorised - by any ex isting solute, Mr. Justice Parke said, lie begged pardon for interrupting the Learned Doctor, but it might he the most convenient course to inform hiim, that it was the intention of the Cbort to reserve all these points for the consideration of the twelve judges.— Thie being the case, it would be only • waste of his (Dr. L.'s) valuable strength, and of the time of the Court; to proceed further at present. lie again begged pardon for interrupting the Learned Doctor, but he would be aware that he had only the coonvenience of all panics in view. The Learned Counsel having acquiesced, Mr. Brougham in formed their Lordships that he hriff upwards of twenty wit nesses to call, and it was impossible to say at what time the trial would conclude. The Judges consulted, end Mr. Justice Parke isifortned the. Jury of the intimation of Mr. Brougham. observing that the trial would. iu all probability, last until five o'clock in the wonting if they proceeded with it, and perhaps they would think it better, exhausted as they Must att necessarily be, le adjourn until the next morning. He must, however, inform them that he could not permit them to separate until the trial was Relished. They most he conducted to some coffee house, under the care of same °Meer for the night. The Foreman of the Jery, on behalf of himself and fellows / offered some objections, but finally acceded to the preposition, and the Court adjourned until ten o'clock to-morrow. The Jury were conducted to the London Coffee House ander the care of an officer of the Court, who was sworn to watch and keep Owns from all communication with other persona. SATURDAY. Arun. 26.—The Right lion. Lord Stowell, Mr. Justice Park, and Mr. Baron Bullock entered the Court precisely at ten o'clock, when the prisoners were placed et the bar, and the Jury (who bad been locked up at the London Coffee-house all night) were sworn, when Mr. Brougham proceeded to examine witnesses for the de fence. The memorial of Captnin Reymas was then read by Mr. Clark. It set forth that he was s native of Flushing—that when he saw the B.ulyrr, he thought it a French vessel—denied that the crew of the Four Brothers (the smuggler) cried for go r or. The next stateinent read wits from Marine! ?Cram It also stated that he was a native of Flushing—denied seeing Cm oolours of the Padyer, or the right of an English vessel to-bring a Dutch sail to in the time of pease. He said he fired in his own defence, which he considered he had a right to do.. He considered the revenue laws of England were extremely op pressive when carried into effeet by acts of eggresaion. He went on to remind the Court that the crew of the Badger were interested witnesses, ast, in case of their conviction, the vessel and cargo would be condemned. Although a foreigner, he had conflates' in the discernment of a British Jury, and would leave his case in their hands. John Debie, the interpreter, examined by Mr. Adolphus.— Witness is • ship-broker, and perfectly acquainted with the Dutch language. The papers produced were a manifest of cargo, a • rtifieate of clearance, &c. The documents wave re gularly signed by the custom-house officer, stating that be had examined the cargo—the owners name was not inaerted. A Juryman—ls it usual to have the owner's name in the sea pass ? Witness—Always in British,. lint never in foreign vessels. A number of witnesses proved several o'f'the prisoners to be natives of Flushing. Captain Lone, in the West India service, proved, that if two vessels were taken in charm before the wind, and the hindermost had an ensign at the gaff end, it could not be seen by the foremost vessel. The sails being quanted out would prevent it. Mr. Justice Park proceeded to aliarge the Jury. The sum ming up occupied upward, of three boars.—The Jury retired, and at • quarter-past seven o'clock, after in absence of two hours, returned, and the foreman read rho following verdict from a paper:—" We find the prisoners NOT GUILL'Y— the ship and cargo being foreign property, and wore than one half of the crew being foreigners." The verdict was hailed with a burst of applanse from a crowded court—a lance which called fur some severe remarks from Mr. Justice Park. - . • - , - - - ELECTION OF AN ALDERMAN. as Thursday the Ward ut Farringdon Within met to elect an Alderman, in the rams of Thomas Smith, Esq. deceased. r. Tones, of Cheapside, after having done justice to the merits of John Crowder, E.q. nominated that gen tleman. My. JENNINGS seconded the nomination. No other candidate being proposed, The LORD MAYOR put the question, and declared' that Nlr. Crowder was unanimously elected Alderman. Alderman CROWDER in returning thanks, WAS com pletely overpowered by his feelings. lie hail, he Said, given up an extensive business, and intended to retire within the bosom of his family ; but the powerful ebullition of the feeling of the Ward had influenced hies . to chauge his purpose. Ile declared that all h i s faculties should be tletem , il to the service of the Ward, whose will and opinion should ever dictate to him in the wholk course of his superintendaoce.—(Cheers.) • 'NIT. PEARSALL moved the drank' of the meeting to the Lord M lynr. The LORD MAYOR anticipated a long and distin ;Emitted career to the new Alderman, and in speaking of • the civic chair, observed, that politics had nothing to die with the performance of its duties. The meeting then dispersed. RAM) COMMUNICATION.—It is the practice with . the Admiralty to hold certain communications with. the out-ports daily, at one• o'clock, by telegraphic despatch. The following is an instance of the wonderful celerity with which these communicar tuns are made :—Certain instructions, relative to the rvgulatien of th: time keepers, were on Tuesday last, communicated from the Admiralty Office, Lon don, to the Telegraph, Portsmouth, and an answer received to them in one. minute. It is scarcely pus. Bible to imagine a system more perfect than this sys tem of communication must be. A speculator of some note in the Foreign Stork • Market has suddenly absconded, leaving the pay meut of his differences to those brokers through whom his business was transacted. The name of this individual is M. Bertodano, toed as his known connJxion . with an eminent mercantile house gaffe him almost unlimitc . credit, the extent to which his disappearance has involved those who trusted him, is said to be truly disastroui. h• was on Sa turday that he absconded, though the circumstance was not general!) , known till Tuesday. Efforts were made to trace his route, but as he had taken the precaution to order the chaise himself, which drove t:ff from an hotel in Bridge-street, after wait ing only a few seconds at the door, they were s holly ineffectual. [lc is -appnaed to have carried off pro- • petty with him to the amount of near 10.0001. Extract or a letter from Memel, dated the sth of April.—" The ice was set in motion yesterilay,.aOtt it' the present wind and weather continue, we may expect an entire tree navigation iffeiglit or ten days. The Granite, Young, of Aberdeen, was off the Mr this afternoon, but cannot get in owing to the heavy floating ice and strong current. The master says he has experienced much bad weather un his pas. ALARMING FIRE 'AND PROVIDENTIAL ESCAPE On Thursday night about halbpast eleven o'clock, a fire broke out at the house of Mr. Pirko . , grocer, Kingslasid road, near Union-street, and before the watchman suc ceeded in waking the family, the Names had gaits,d a considerable height. • Mrs. Parker with her infant hel at her breael, and her Sister, providentially escaped at thu back part of the house. Mr Parker got through a lia2k• window, but his brother, a y h, about 19 years of HMV coulkt not descend the stairs in consequence of the flames having burst forth with great fury almost instantly after the ocher nay tof the tamily had di scenite I glum. His ' situation becatotanost desperate; finding he could nut - descend the. stairs, .he rushed forwards towards a back 1 room on the Grat floor; and had only time to raise the sash, and leap imo the yard, before the whole buildiute was in 'tattles,. and in the fall the injury he sustaintil was inemisiderable. Had a delay of three minutes taken place, tile whole family would have 'welt destroyed. By two o'clock on Friday morning the building was a heap of mins. ESSI:S. BOW.A RD AND GI litig.-0.1 Thursday last the adjourned 'methyl, of the Col 1111 l iasinners ..1 Bank ritpts its this important case took place at the New Bullitiog, Guildhall, when the extensive accounts of the flan were filially invertig led, and a commissitm of Iwo years and eight ttttttt the standing was bioia;lit to its 1011,4 protracted close. All the Commisssioaers bore testi mony to the correct coiduct of the aviignves and Ate bankrupts. The necessary and usual papers were then Signed by the batik roma and convniissioners, and !hits terminated an investigation into au estate that has ex cited the most considerable interest aitiona all clams throughout the country that hasoxiateal for many yea's. MATCH FROM LONDON TO BATH AND LACK,—Mr. Jacques, the pedestrian, on to accomplish the abuse task, last week, in 72 hours, for WO aov• siens, but time beat him by nearly ig miles. A Mr. Holds worth started °it the same kind of match on Tuesday, for 200 sovereigns. Ile reached Mai lb.irongli Forest at ten at night OH the first day (72 MI6). Alter al j no . two hours, he proceeded on his 11, rell l 4ll , Jll labour, an I touched the lUGih mile stone in 34 Moos. lie art.:sell at II illigerforil on his return, keeping liine nearly two hours in his favour. He had the la -t utiles its tle from 11 are Hatch in tight hours, and he won the march with much difficulty., and lie Ilad iwelie annuli:l,lo spare. Time hacked at 6to 4. •