The National Register. — London, England, 1822-05-26 00:00:00

purpose of seciug whether tie bop groomd brewery at 41loutfetd could not be disposed of for the benefit of the ornditors. biberty was given to lbw aseignees to sell the property, and one of the creditors recommended Mr. Mason to the sningtmes as a man every way able to dispose of the brewery. The 01410' was accordingly employed, and several persons, whom be procured as purchasers, went down to see the premises, and at last was the means of introducing a Mr. Smith, who pnrchased the. brewery for the sum of 10001. The assignees were satisfied with the bargain, and executed a conveyance of the property to Mr. Smith. Several witnesses proved the above statement. Mr. Scat lett, on the part of the assignees, called Mr. Francis Hudson, formerly a owner in the brewery, who stated that he was employed by the assignees to carry ou the business. Ile saw Mr. Mason on the subject of getting a ;partner, stud he told him the of tirs and state of the brewery. The witness ulti mately abandoned the intention of getting a partner, and Mr. Mason was employed in getting a purchaser. Cross-examined by Mr. Marryatt.—lle said Mr. Mason ramc down to the brewery with several persons, who wished In become partners, and among others with Ml. Smith, who finally clowd a bargain with the assignees. This was after the wit nes had abandoned the intention of getting a 'partner. The Jury, without hearing a reply front Mr. Marrystt, found a verdict fur the plaintiff—Damages, 2sl. 10s. ThUNIPSON V. SII4IItT. Mr. Campbell stated the substance of the declaration, which met forth that the plaintilf employed the defendant as a broker to purchase for him ten shares in the Gas-liglat Company, and that havin; purchased them fur 2821. be represented that lie could not obtain them for less titan 3n21., by which he defrauded the plaintiff of 1001. There were other counts, not imputing fraud, hut negligence io the discharge of the duty of agent, and not buying at the lowest price which would have been taken. The Jury found a verdict fur the plaintitf—damages 1001. The Lord Chief Justice said, that the defendant might be ignorant of the fraud, but be ought to have protected the in terests of his principal with greater diligence. COURT OF COMMON PLEAS. WEDNESDAY, MAY 22. nooT v. DUNCAN AND EADON. This was an action brought by the plaintiff to recover da mages fur an assault, alleged to have been committed by the defendants. Sergeant Vaughan conducted the case for the plaintiff; and, from his statement, it appeared that the whole of the parties are persons of a respectable station in life, and reside in the hamlet of Mile-end hew Town. The plaintiff is a gentleman retired from business. The defendant, Mr. Duncan, had been a captain in the navy, and is a retired ship-holder, and Mr. Eadon, the other defendant, is a ship builder. The two defendants had been concerned in • suit at law, in which, from the temper subsequently manifested, it did not appear that they were suc cessful. On that trial Mr. Boot, the plaintiff, was subporeaed ■s a witness, but not examined; and this appeared to have ex cited great ill-will towards Lim in the mind of Capt. Duncan, and that his friend, Mr. Eadon, strongly participated in this feeling, which both maintained until the oppormnity arrived on which they committed the assault complained of, and which was afterwards detailed by die witnesses in evidence. Mr. George Bowyer, a wine-merchant, of Stepney, was the first witness called. He stated that he was acquainted with the parties, and saw them all at a parish meeting held for the purpose of electing trustees, tad Mr. Eadon was one of the candidates, and strongly supported by Capt. Duncan. The plaintiff came up to the table, whether in sup port of the other candidate or not the witness did not know, but he recollected that Mr. Eadon accosted him with " you false swearing scoundrel, or villain, you forswore yourself," which he repeated, and tapped on the shoulder of Mr. Duncan, who also assailed the plaintiff, and the witness saw him spit in the face of the latter before the whole assembly, and • cry of shame was raised, when some persons interposed, and the parties were separated. Mr. Duncan was a very tall and stout man, but the plaintiff shirt and diminutive. Mr. Pettit, and two other witnesses, corroborated the state ment of Mr. Bowyer. Witnesses were called on behalf of the defendant, but they failed in altering the complexion of the facts of the case proved against die defendant. The Jury deliberated for a minute, and returned a verdict for the plaintiff.—Dtmages 1501. SELLS V. HOARE AND CO. In this case it appeared that the plaintiff was a publican, renting the Coach and Horses, a public house in St. John-street road, from the defendants, who were brewers. They wishing to get the house into their possession, proposed that the plaintiff should gist it up, to which the plaintiff consented, provided a person named Fancy was substituted in his place. An agree ment was made between the parties, that the plaintiff should re ceive the value of the fixtures and furniture; and also that he should be allowed the expenses of the repairs which had bees made on the premises. The sum agreed upon for the above items was 4201. by a valuation made by a Mr. Powell.; and 471. 17s. for the repairs. A valuation was afterwards made of the furniture and fixtures, by a man named NVhite, a broker, who had formerly been employed as a valuator by the defendants. which amounted to 2521. la consequence the defendants re fused to pay any more than the latter sum, as also the expenses of the repairs. The plaintiff then brought his action for the differeuec between the two valuation*, ainounting to 1601. and the repairs, amountinz to 431. 17s. when the Jury found a verdict for the plaintiff for 1021. !11r. Sergeant Vaughan, in the early part of last Term, ob tained a rule to show cause why this verdict should not he set aside, and a new trial granted, on the ground of the verdict beinx a4.iinst e%idenee and the cause was now shewn by Mr. Ser geant Pell, who contended that there could be no grounds for this application, _ _ The . Lord Chief Justice Dallas declined giving ■ny opinion with regard to the case, as lie had tried it. Mr. Justice Park and Mr. Justice Richardson, stated it to be their opinion, that a new trial should be granted ; not upon the merits of the case ; but as there had been some imputation thrown on the defendants of improper conduct, it was proper they should have an opportunity of clearing theinsely es. Mr. Justice Harrougli was of opinion that r new trial should not he granted. Rale made absolute, with coats. FRIDAY, MAY 24. SEDITTION.—GD YNNE D. JENKINS. Mr. Sergeant Lens stated, that this was an action brought by the plaintiff, a widow, against the defendant, a surgeon, to reco ver whatever compensation changes could afford her for the seduction of her daughter. The plaintiff had been left a widow with three children, two daughters and one son, and in order to maintain them had established a small publio house at Meldreth, mitt Cambridge, where they all resided. (luny thing could add to the guilt of *Meeting, it was when the defendant pod, as in the presto( case, by weans of his rueuliat situatinu, advan- ~~.~~.,. ~~~ •1 4 /tr, Inge. ..Aid, he Lad that grossly sad wantonly shamed. The defendant attended the family, whose peace and hap mimes he had thus overturned, as their medical adviser, and this siteation not only gave him a freedom of intercourse, possessed by no other individual, but occasion that intercourse to be watched with less suspicion than would have been the case with any other person. Taking advantage of this circumstance he Lad seduced the daughter, and had effected his purpose too at the very time when she was just recovering from all illness which had afforded Lim the means of frequently visiting her. The defendant was then about 30; and the offspring of his artifices about 1(1 years of she. When this was first discovered by the mother, he had expressed his sincerest regret, and had stated that his intentions to her had always been honourable, sod as soon as possible he would fulfil them, He had since however destroyed his power of faltilling them by marrying another wo man, and the plaintiff being thus disgraced and injured was ob liged la have recourse to the tribun 's of her country for that justice which ibis individual bad denied her. The learned Ser gest]. called the brother of the plaintiff and the daughter herself, who proved the case. Alr. Sergeant Vaughan addressed the Jury for the defendant, and stated that lie should edditee evidence to shew that ibis daughter bad not only permitted, but had actually solicitekl, cri• mivalint:rcourse with other person•. Witnesses having been examined for this purpose, Mr. Sergeant Len, replied, and observed on the improbability of the cireumstnimes detailed by the witnesses, Lord Chief Justice Dallas left it to the Jury to decide whe ther they could believe, on the evidence of the witnesses for the defendant, that this girl was guilty of the profligate and gross conduct with which they had Barged tier. If they thought that the tale told by those witnesses was false, then the wickedness of the defence heightened the :twat sting circum stanees of the crime. The Jary asked what were the circumstances of the defend ant, when they were told that no evidence of his possessing any property had been given, and he bad only been an assistant to • surgeon at the time of the seduction. They then gave a ver dict for the plaintiff—Damages 1501. OLD IJ4ILEY SES.VONS. WZDNISADAY, MAY ti.--Tile sessions commenced this morning before the Lord Mayor, the Recorder, the She riffs of London and Middlesex, Sir John Perring, &c. At half past ten o'clock Mr. Justice Bayley and Mr. Baron Garrow came into court. _ _ . Theca are for trial 27 prisoners for London, and 167 for Middlesex, one of the latter of whom is iud.cted fur mar der. J. Lomas, a respectable looking young man, whose trial was put off last sessions at his own ;egotist, was put to the bar, capitally indicted for haring paid away a certain forged note. value 101. with intent to defraud the Bank of Englande—The prisoner pleaded guilty. Mr. Justice Bayley tel..' the prisoner he had batter re tract his plea, because the court could nut take into their consideration she circumstance to assist him ; and there fore lie would recommend the prisoner to re-consider the matter, and would give him two hours fur that purpose. It would, he said, be inure satisfactory to the court and the public, fur the prisoner to plead not guilty. The prisoner replied, that he should still assert his guilt, and persisted in abiding by the original plea. He was again indicted for a similar offence, and again pleaded guilty. There were 14 other indictments against the prisoner of a like nature. His plea of guilty was then recorded. John Bush, aged 23, was capitally indicted fur stealing nine gowns. and other wearing apparel, the property of Mary Sparkes. Tue piusecutrix is a dress maker, residing on Chelsea Common, and ott the day slated in the indictment she left her sitting-room, where several valuable dresses were lying, fur a few minutes only, the front door being then opt." When she returned, she met the prisoner in the wreak.. with the dresses rolled up under his arm. Site immediately seized hint by the collar, and shook him until lie dropped the bundle. He strneglee fur so me time, and at length gut front her grasp, and ran into the street. She however, pursued hint, calling *. Stop thief," anti be was secured by a gentleman who was passing.—He was found guilty—Death. Mr. Baron Garrow, in ordering bliss Sparkes ber ex peewee, said Ise should not do her justice if lie neglected to tell her that she had done the public a service by her intrepid conduct. John Green was indicted for stealing 6 reams of paper, value 91., the property of Mr. Sainsbury. The prosecutor is a hot-presser in Ship-yard, Temple bar, and in March last he had six reams of paper to press for a stationer, named Smith. The prisoner, who was in the employment of a Mr. Taylor. a gilder, was sent by the latter to fetch the 'serer in question, lot the purpose of Loving gilded,and having gut possession of it, he converted it to Iris own use —He was found guilty. lie was afterwards tried upon another indictment for a s' 'ler uilerice, and found guilty.—The plisutter was told he mist expect to leave the country. John Cameron was indicted for stealing a scarf, a pair of gloves, and a few other trifling articles, the property of Esther Woodle:r. The prosecutrix is one of the unfortunate women with whom the streetsof the metropolis abound, and late at night she was met by the prisoner, whto prevailed upon her to take him home for a very trifling consideration, and while site was asleep he packed rip hue few ilaing , lie rutand in the room, and went away with them. He was taken two nights after. He was found guilty, and Mr. Baron Garrow told him that a man who could lie capable (deriding to the dist; ems ul a woman in the unhappy situation of the prosecutrix, wild experience no aneley. He would cei tautly be aell• eueed to traospot tailor) hir seven years. Rebecca Mat 'instate, an elderly woman of respectable appearance, was indicted for stealing eig ht yards of casu ist ic, the property of J. Spas kes, i n his dwelling Isoiare.— The prisuiter went into Mr. Spar kiss' shop, under pretence of purchasing a slip of cambric, when she put an entire piece into a pocket curiously contrived in Trout of her gown.—The Jury found her guilty of bleating to the value of 20s. TituustraY, MAY 23.—Peter Hatton, Wm. H. Lovell, and James Brown, were capitally indicted far assaulting Lewis Rushton, in a place near the highway, patting him lit fear, and taking front his person a watch, value 71., and sa. bd. in monies, numbered, his propel'''. After the prosecutor had been examined and cross examined, Mr. Justice Bayley said—" Gentlemen of the Jury, you iutiusated to use its one cue that 3au were sati.t. !r7 tied, and wished not to proceed farther; perhaps you are of the Pane opiaion in this case." The Jury rept eased themselves quite satisfied, 4nd ac. quitted the prisoners. The proseemor applied for his eapences, which were indignantly relaxed by the court. ButLocg-lttiettno.—Cleurge Royffe, Joseph Royffe, and Joseph Young, were put to the Isar upon an indict ment charging them with cutting and stabbing J. Bans, with intent to murder 1 . There were other emits charging the intent differentiy. Mr. Andrews said, the prosecution was instituted by the parish officers of Spitalfields, fur the purpose, if possible, of putting an end to an evil n hick had fur years existed in that and the adjoining parish of Bethnal -el ens, where it was the custom every Salobatli-day ter vast crowds to as. 'mould° for the amieseineut, as they termed it, of bullock hunting, which led to every oilier species of outrage. He should first call the burgeon, in order se save the time of the court. Mr. Baron Garrote, addressing the Jay, said, that upon this evidence the prisoners were entitled to an ac quittal upon the present indictment, but he should seat certainly order them to hr detained to be prosecuted fur the assault. It might, perhaps, be useful for men like the I.rohniers to know a little of the law as it would apply to the present charge, slid lie would therefore state what the Law epee the subject was. It a set of men, armed wink sticks oar other weapons, went out for the purpose of bul lock humming , or ally other unlawful purpose, with a deter mination at all hazards to stand by each other in the proseentiou of that purpose, and in consequence of such determination any one of the King's subjects met with death, every milli of them would be beyond all doubt guilty of wither. And further, if the entortimate animal which they were tormenting, should, while in a state pro bably of IllbildilthS, occasioned by their brutal treatment, gore or otherwise cause the death of peaceable snlejeet, then also, those engaged in the scandalous pursuit would, in the eye of the law, be guilty of the crime 14'mm-der.... He hoped these oh lions would have some (Gee! in checking the disgraceful scenes which were witnessed every succeeding Sabbath, at the east end of this metre. polis. The Jury acquitted the prisoners, but they were de tained by order of the learned Judge. FRIDAY, MAY , 21.—This morning Ann Montfort' was put to the bar, charged with the wilful murder of Lucy, her infant child, by beveling its head from its body. Mts. Mary Leland lodged in the house a the prisoner's husband, who is a weaver. They had tell children, the youngest was Lucy, aged about now months. The hus band oldie prisoner, on Suede) , mointeg, the leili May, went out to chapel. In a short time alter, a knock cane at witness's door, and when she opened it, the prisoner reclaimed in a frantic manner, throwing up her arms, " I have killed little Lucy I—l have cut her head off I—send for an officer." Witness war honor struck, and would not at first believe it, but she saw blood on the prisomer's hand and clothes.—Witness is positive that at the time she was in a state of insanity. By the Ceurt.—Slie was uniformly kind sad tender to all her chattiest; she was a must affectionate and kind another. She was of a religions torn, and went regularly to chapel every Sunday. She was a perfectly sober wo. man. Witness had laird children herself, and haw that at such a time, owing to a superflne of milk, and its not being drawn off, the soother was very likely to setter both in body and mind, according to her strength and other circumatanees. Witness first advised her to wean the child, and about a week after she commenced doing so. Site asked her Vales load weaned Lucy, and she replied, " Rio; it was so delicate, she could hot hear to wean it." She appeared to suffer in her own health very materially by suckling the child. The prisoner, when asked if she had any thing to say In her defe„,,., ruse from her seat and 'aid, in a low tone 1 w ish to b e allowed to return home to any family, if possible.. Thom as T o ff , b r other to slue prisoner, said, he remem bered an accident which occurred to him when he was slant ten years of age, in consequence of which she was struck senseless, and continued in a state of dreangement two years. His mother had been afflicted with insanity. Dr. Dalton, a surgeon in Carey-Street, Liucolu' . fields, said, lie attended the prisouer two years ago in bodily illness, and lie observed a great degree of despon dency, of such a kind• as indicated' a ;sr ...disposition to insanity. The Jury here declared themselves satisfied, and ac quitted the prisoner ow the ground of insanity, which sub jects her to confinement in the Lunatic Asylum during his Majesty's pleasure. At one o'clock, Mr. Law moved their Lordships, on behalf of the Consintitional Association, ter an order that a certain man then in Newgate, on a charge of publishing a blasphemous libel, and who had refused to disclose his name, should he conveyed in proper custody before the Grand Jnry, in order that he might be identified, a fresh bill being about to be preferred against him. The learned Jiidges acceded to the motion, and " the man unknown" was brought from Newgate, by direction of Mr. Wonlner, the governor, and taken to the Grand Jay room. The bill of indictment was then presented to the Grand Jury by Mr. Murray, and William Smith, the witness, also purchased the publication in question, was called in, and swore that he was the man who sold it to bins in Carlile's shop. 'the defendant was then asked what his name was, but lie mimed to tell, and wax conveyed hack to prison. At live o'clock the London Grand Jury came Into court with the remainder of the bills which had been presented to them, and among them was "a true bill against a man whose name is unknown. but whose person is known to the Jurors, for a misdemermour." James Edwards, aged IT, and James Flawn, aged 13, were capitally indicted for stealing In engraved copper. plates, valve 1001. the promo ty of Wm. Matthews, in his dwelling•honse ; and Wm. Hanterton was indicted for re ceiving the same, knowing them-to have been stolen. It appeared in evidence that the prisoner Edward. lodged in Mr. Matthews's house, and availed himself of the opportunity thus afforded him of purloining the plate in (oration, which hail been sent to Mr. Matthews to print from, and hail taken them to Flawn and another boy (ad mitted as evidence), who conveyed them to the prisoner Hanterton's house in Short's-gardens, Drury.lane,M)4l sold them to hint for half a crown a plate I Edwards was found guilty—Death ; and Hatnerton was found guilty of the receiving, which subjects him to 14 years transportation.