The National Register. — London, England, 1818-08-03 00:00:00

A TTC.; 3 COUNTY A.S.IIZES. ESSEX. p H rtpoT V. MORTLOCk AND OTHERS. This important case was tried at the last Assizes for this comity, I efore acr. Baron Wood, when a verdict was found fir the plaintiff, with damages, to the amountof 1,2031. but a stew trial waa granted. The declaration stated, that the defendant Mortlock, had maliciously, anti without any reasonable or probable cause, made an affidavit before one of the Barons of the Excheriner, that he and his partners were &blots to the King, andthut the pi iitiliti was indebted to theta in the sum of d a ft. with law• tit' interest; that the plaintiff was In failing circumstances; that unless some extraordinary measure was adopted to compel stir parineot of the said money, they would lie the less able to sat i s fy the Kitte's debt. 'float in consequenee of this. affidavit, they aped out a writ directed to the Sheriff of Essex, by which p i , was directed to take the plitintifl's body, and to . disttaits 1..; lands nod aootk:Fliot the Sheriff did execute the said writ, be reason whereof the plaintiff was put to a great deal of i:iconvenience, suffered much in his credit, twit was greatly iajai ed in his eircnntscances. The defendant pleaded not guilty. Mr. Gurney said, the plaintiff resided at Thaxted, was a firmer tort maltster; and had a wife and eight children. He had farinerlv been iu set y respectable circumstances, and zaaintained Ins family with credit and comfort; but in conse si leiter of the conduct of the defendants, instead of being t what he had been, he aas now a ruined Mall his business nester)) ed, and himself and kis fetidly I tuned out of house and home; and for the last two years and upwards, had been auableto do any thing tor the maintaiumee of theta. The defeudatita, Messrs. Murdock, were banke•s at Cansbrithe, and at Bishop's Stertford, and Receiver General of Ins Ma jesty's Mae* for the county of Cambridge, for the due dis. chatge of which office, they gave vecurity to the Crown, ti: the ainotott of 0,0391. Of the legality of the extents iu aal, he, (Mr.o.) did not mean to complain hot it became a riatter of very serious consideration with the Legislature, ashether a contitey banker, mating the anomalous character of banker, and receiver of the King's taxes, should any longer be permitted to sue out the King's prerogative pro eess. The plaintiff bad banked with the defendants,and in Cie year 18[3, he hail overdrawn Ilis acconnt, and became t st-ir debtor to the amount of about six or 7001. end they a cre s;•-.frees of some seem ity for their debt. The defendant, Nell kite.. the eiremustancesoftlietimes; they knew the depre ciation of agticultmal property, and they knew that at that tun it ..as impossible for a man, howeversolvent he might be its MY eirCIIIIISMIMV , , to make his property available - to satisfy pi esent demands. The plaintiff at that time had consider able property ; he carried on a very extensive business as fat tot r and maltster,' and he had landed estates, upon which taxes was then a small mortgage of 3001. In couseqeettee of an application made by the .lefendants to the plaintiff, he sine.' an agreement, whereby he undertook to give them a bond and mortgage, to secure their debt, upon his landed and other property. Aesarialingly, oti the 16th of March, 1815, a promissory cote was signed to that effect. The agreement was for a bowl and mortgage, and Do more. After the exe cution of the agreement, the plaintiff's attorney prepared an abstract of the title to the real property, which was sent to the defendant's attorney, to enable hint to complete the bond and mot tgage. In this state matters remained till the 6th of Atignst billowing, when the securities being prepared, the ii.trtitis and their anomie* met together, for the purpose of haste.; them executed. Mr. Mortloek did not himself attend, but he appeared by his attorney. On that occasion, the latter produced a warrant of attorney, which the plaintiff was called upon to execute as a fluffier security for the debt, although that had not been stipulated for in the agreement tittered into nt March. However, the plaintiff did nut hesitate to execute all three securities, uatnely, the bond, mortgage, and warrant of attorney. These instilment& listing been thus executed, the plaintiff very naturally demanded his pro missory note back again. It was not, however, then forth coming, but it was peoinised to be deliver.' up by Mr. Mort lake's agent, Mr. Howard, in eight or ten days • but it never Wag given up. In the month of March 1817, th e plaintif f was occupied in pi eparing Ins farm for seeding, confident that lie was pertectly secure from any pecuniary embarrassment in consequence of the triple securities lie had given, smite of Itich could be pot in force before a certain time, alien he stonid be in a condition to pay off the mortgage, and get rid of his liability to the defendants. But an officer came dna aof a sudden from London, with an extent from the Crow,., at the suit of Messrs. Mortloek, founded upon the very promissory note which they had positively promised to deliver up, The plaintiff, with that spirit which heroine as honest man, deter mined not to lie crnsltril so easily, and therefere resisted the . \tent in the Corm of Eavitrapter ; and in the result, the arty fintid a verdiet against them, thereby negativing tit esislettee of any debt on which it could be founded. It r;glit !rive been expected that after the verdict in the Cot,, .uf Earlierpter, the defendants would have immediately aith draw ti the cxteut. Bat no, the officer remained in possession until Hie warrant of attorney became due, and en that day the extent w. 1 ,4 withdrawn, hut the warrant of attorney was pat in mice. The plandiff's furniture and all his property Isere sold off; himself and his family turned homeless and penn)less into the streets, to endure all the horrors of famine am" want, nail exposed to the inclemency of the seissuoi. Happily, throngh tyr. humanity and kindness of neighlom rs, toe child's:l, were taken in mid prevented from pet ishang for want. Several a i messes proved the facts of the ease, and the in. jury the plaintiff had received in his business through the con. ••-• of the (Wesel -ants, mail t h e Jury found a verdict for the :at:vitt:— Damages IBM 'th e if nuouneeinent the verdict pro non need an involiat t:i.l- Moat of apieLlase from many of the anditot he ft s. saes for this comity ended. KENT -MAID6TONE.3:VESDAY, JUL' 2S. 'Phis mustang Mr. Justice Abbott commenced the business rf the Assizes at the Civil Side, and ?dr, Sergeaut Lett:. (for I.ord Ellenbutotigli) at the Criminal Side. After the Ut tud .r.try were sworn in, the learned S. rgeatit addressed them as 101:ossi; g " Gentlemen of the Grand Jur, —I rye' great Pl'asiire in totoy on, that in the ease. v.lnrit ale at)011t to be att bnarteit 1.) 'on (Wlllll4OllO. llieelltlllloo, I .re none %thich are, gvne" rally pima king, of a cry heinous or alarming natnr.. 1 atn ::teary that it 1S 1111ile 11111:Veei0.11y fur nia, Nhru tiohlre , iine iPnlietnen Of font rilarnrtr r and experience in the count). to refer your attention in any pal tirtilar 'winner 10 the 11.11111 e and the chat:icier of the ilutiet )011 are now called 111 1 U0 to C a . 11111• i)1111e' , • the importance ni I await not, is ' t " ti .7ttr ittn . .S. En: ict this VIE NATIONAL IttG/gTEIL opportunity pass, o ithout directing your nartionlar attention to nice ur tiv'm cases which will be laid hi t'imm e you ; one of them of that class of offences known in the low as killing and slaying ; acid the oilier of that class of crime which human nature abhors, and which civilized society justly regards as iu the highest degree penal, and as one calling for the most summary and most severe public examplo of the offender -need Laity I allude to the crime of murder. In the inves tigation of these cases in the manlier in. which you are hound to view diem, your must take rare :hat in your return of the several hills to keep both crimes distinct—neither redociN the our nor aggravating time other upon doubiful or incom plete evidi ncr, sorer as your judgment enabl e syon to d e cid e; always taking car e th a t i t i s better so to pronounce in time first instance upon the character of the othence, as to render it unneeewary at a subsequent time that the case should tin. dergo two investigations. It is a very tinfortmaato circuit) stance that lam not fornislied with the whole of the deposi tions. I sin therefore unable to say any thing more to you on the particular cases to which I allude, except what occurs to me from. the mere general description of the offences on the face of the record. But I now leave you to- perliscm your duty, with the well grounded confidence, that yon will dis. charge ihe important trust consigned to you with fidelity, inn. partiality, and consensus. The Grand Jury then withdrew, and shortly returned with several hills found against persons charged with capital of fences. Philip Smith and William King pleaded guilty to the lesser offence, of having forged Batik of England notes in their possession. There was au indictment against them for the higher offence, but the comm..' for the Batik withdrew it in consequence of their plea Of guilty to the lesser. John Evans was convicted of having three forged Bank of rtigland notes in his possession. He was sentenced to hoo ks:too years' transportation. CIVIL SlDE.—WsostesnAy. THE KING V. REES AND OTIIHIS. this case Mr. Bees, an opulent shopkeeper at Chatham, Edwards and Wright, two of his shopmen, and Porcher, porter, were indicted by J. Balls, a private marine, for an as sault and rase imp' i)outneat iu the cage of the Workhouse of Chatham. Balls (and a comrade of his corroborated his evidence) swore positively that at 11 o'clock on the night of the tills ut• August last, as lie was returning to his barracks, he happened accidentally to brush by a )oling girl, with %ilium Mr. Rees and his showily!' and porter were chattering at their own door; they all immediately ran at him, seised his bayonet, and though Corporal Lis ic came tip, and•ofhercd to take Balls to the gnard-linnse, and In responsible fie• his appearance on the Wowing morning, they insisted on taking hint to the cage, where lie was locked tip all night. Balls said, lie was beaten and kicked so severely, that he was confined to 11W hospital fior 1-1 days. The *wines further said, that Mr. Rees ex claimed," Go you d—d soldiers, you are a set of vagabonds altogether. I pay taxes to keep yon, and I'll punish you whenever I can catch you." The prosecutor said, that the only provoeation the gave was that" of being a marine." For the defendants, the watchman who took the soldier into Custody, a shopworn of Mr. Rees, and a neighbour who witnessed the transaction, deposed that the prosecutor was the aggressor; that be had drawn Isis hayonet and rut Ed wards( that Ise had said, he'd " assault his father or King George if he stopped his way ;" and declared he did not care a pie fur a watchman, as he had paid 21. for capsizing one before now ; and the only thing lie regretted was, not having given the fellows tour inches of cold steel. Verdict—Guilty against all but Wright. THE KING •.SMI?H. This was an inforniation --- agalnstlfie defendant, at the snit of the Attorney-general, fur assaulting Nicholas Itoubilliard, an officer of the customs, iu the execution of Lis duty, at Deal. The facts of the ease were these :—Mr. Roubilliard, now a Lieutenant is the navy, and Mr. Peale, also a Lieutenant, and both belonging to his Majesty's ship Severn, stationed at Deal, were sent in pursuance of a deputation limn the Customs, aided by ten men, to search a Ingger, in the art of landing and supposed to contain smuggled goods. In the attempt so to do, the defendant attacked Mr. Retardhard, and 'track hint a blow on the breast, which made him stagger several paces. Mr. Ronbilliard's evidence was corroborated by that of Mr. Peate, and the defend:sot was found Guilty. CR:MINAL SIDE. Thomas Farrier was indicted upon the Coroner's inquisition.(the bill for murder having been thrown out by the Grand .Jury) for man slaughter, in killing Henry Richard Daniels, a child of three years and a half old, at Mingeham, in thiscounty. The witnesses for the prosecution statesi,that the prisoner had mar ried the mother of the child, who was her son by a former husband ; that en the 4th of April last, the child, having given some cause of offence to the prisoner, he shook it by the two arms, asking the child at the same time if he was not ashamed of himself? The child an swered, ^ Yes, " and almost immediately after fell down, when it was observed that its eyes fixed as if in comuldemi. A surgeon was sou: tor, who arrived about two hours after, Whets he found the child in u dying state, having symptoms of corwassien of the brain, and it died in about 40 hours after. A physician also attended, and, voinciel ing iu opinion with the surgeon, directed the heed to be opened.when an extravasation on the brain was discovered, which he considered caused the death. Both concuffed that the shaking only could not have had that effect. On by Mr. Pollock, who was Counwl for the prisoner, it appeared that the shaking was not f.. 41) siolcnt as to excite tiny ohsenation ; that the prisoner teas hithitualli fond of the child, and kind to lino, and was Wuch grieved at the uezurrence.—lle was therefore acquittotL DORCIiEs'ITII, Jet. V 25. J. Gailnp, aged CJ, was indicted for the murder of Priscilla mots n, on the 111 k of May, iu the parish of Here Itcgis. The deceased lived in a house near Bere Itcgi 4, 11111 1 hail two chi,. d boy about eight years of age (who gave evidence). and a MI le gill tone y (11114(dd. The primnter OCCil3iall.lli cohabited with her Ott the night above inetitioneil, he was obsessed to go towards the house disguised, w a great coat, although it was a Walla night. 'floe chid proved that his toothy' was called owt by the prisoner, and in about an hunt mite, %%ant• she was found dead in a lane at the bark of the house. A tail, ' named .41111 Leveridgc, aho 11114 standing next door net en, to the deceased's heard the deceased say, " (u ! Lind have mercy 1111 nit' !" and it groats folhi%‘4.ll. Th. v.- soner nen, out of his 'anise mood eight o clock, and did • u n until half-past ten. In the month of September I. a. ear, lit was Ite4rd to any that lie could kill a taa . .on ,is I. I au niu:Ya (iii a eiittwary,, and nobody vvould he the w ,., I , :.m.: bold of ahem tiy the throat unit uuar ; and vy snas%t • the %Oat Pp , ••• ai: Ile Illall'llhay i• Whew borne lio Gummi. he whiveicd 1111 los lodgings, to any, that le: ea'. in bed by lo o'clock : and , two ttitnroars lartesotl, thist on t h e Ist of :ct, , y, the pria.nier C. • ' asked them it they had hearth any thing about him that poor. - lug? They told him they had not; and the pit."• er they had gut it about town that CH Brown oas aitli child by him; he would he 41--d if lie knew whether she a as a 111111 or woman ; but if she swore the child to Lim, his eyes if lie would no. murder her the next minute." A surgeon proved that the appearances on the neck and nose were such as would most probably have arisen from that species of violence svitich the prisoner exercised upon the person lu whom lie said he could kill any peisen in the 'ninnies. Those and other facts were proved ; but ihe pri soner •aid, he was as innocent of the murder as lie *as the inc inciit he was hew:. plc related a long narrative of the man ner iii %%hick lie aj% employed on the night ill yorbtiou, tut did not call any witnesses to einifirin the 1115( . 5,1:along. .1 ftw witnesses weer called to his charactei , hut they could net . speak in very unobjectionable terms of his conduct. Mr. Justice litirrough so 000000 led up t and the juicy, after short consultation, pion:lanced him Guilty. The Learne,s. Judge, in passing scateime of *leash upon him, colijiited to apply himself to supplication I. God, to obtain mercy in the next world, as he could not expect any in this. His Lord • ship then adjudged hiw to be executed on Nlonday, and that his body should be Riven to tl•c ...surgeons to be swat...mired. The prisoner received the sentence with appari lit indit • fereuee, and on gintting the dock declared that he was as la. nocent as when lie Caine from his mother's ami). ron► the LONDON G.IZETTE, Tuesday, July --1- BANKRUPT. Ilanr7lotta?t M. King-sr:vet, West Smithfield. harness wl* . •• 4, 11, Sept. 8, at Guildhall. Att. 31e. Lewis, Cries DIVIDENDS. J. Kirkham, Acre•famr, Staffordshire, farmer, Aug. 1. T. Russell, Beverley, victualler. Sept. 3. W. Brice. Bristol. merchant, Aug. 18. R. Harvey, Oxford-street,. grocer. Aug. t. T. Darby, New Sarum, Wiltshire, linen-draper, Aug. ~ J. Sales, Milford, l'embrokeshir; grocer. Aug. 24. W. James, Westbury, Wiltshire. linen-draper, Aug. 44. B. Stroud, Poole, linen-draper. A ug. 25. T. Nicholls, jun. Bradford, Wiltshire. linen-draper. Aug. zs. W. Bow ley, linlfinoon-strait, Bishopagate, oilman, Sept. S. CERTIF WAITS—Atm. 18. R. Sharland, Exeter. saddler.—T. Carr. Oxford, grocer.—.A. and D. Solomon. Crown.court. Threadneedle -street, merchant:4—R. Thomas, Plymouth-dock. wine and spirit nnechant.—.l. &Jona., Cumberland -street, Curtain-road, stone macom—W. Ashley. lacenian—J. Boardman. Liverpool, merchant-4. Owvo, Stourbridge, Worcestershire, ironmonger —R. Webb, Winslow. lierefunlshire fanner—W. A. Brown, 4'ollege-hill, merc h ant— W. Sorby. North Arston, Yorkshire, apothecary—T. Widkotin, Stockport, Cheshire, manufacture. PRINCIPLES OF VICCLV.ITION. As I conceire that a brief recapitulation of the a - rautages of Vaccination may be very acceptable to some of your numerous readers, and temd to subdue remain ing prejudices, I send you the follow Mg, which ate the result of the smiled testimony of the ablest physicians of this country, and which contributed to convince the legislatore of the safety and propriety of its adoption, and of a reward to Dr. Jenner, the promulgator of the discovery. Thai is dues not call into action Sclophilla, or any Infect boniest, in the flame : that it may be comas 00000 icateil with safety al all ages, front the earliest infancy to old age, throur,ll pregnancy, dentition, suckling, &c. That the Cow Pock is a disease entirely distinct from the grease of horses, it proceeds from the heifer, the cleanest of all brutes. That it succeeds when taken from the arm of one patient to that of another. That no brute will take Small Pox by inneculation from a human person. That it is abut accompanied with fever—and produces au fever—and it is heal—is Rot contagions —nor communicated lay 0/nein—does not excite to any other cause. That if it meet with Small Pox casual nr innuculated in the same patient, it will supersede them and triumph over them. That it conveys not any infection to bedding, clothes, or papers. That as the Cow has this disorder Lint once, so Vaccination mulcts the patient in foliose moose eptilde ul site casual Small Pox, and of the Cow Pock, and leaves nut any dam tun) , on the skin. That the unsuceessfUl eases are fur less numerous Ulnas those were at the introduction of %%mirth's Intioculation in 1721, and have all been 31ttustdvd with some peculiarities nut applicable to the human flame in general-- it tegiiires nut lt medicine—nu preparation—llo tegimen— lie couliaemeut —nor any obstruction a WOW! employment, streogth, pursuit, or exertion :—Titat there mkt, a slight fever about the huh or I till day, of little importance. That in nu case has Vaccination !moved fatal, but that one person for every second time died by the casual Small Pus. Thus Vaccination tends to lessen, and if its ow shall become it'd. versa! to which it is tepidly htiveuiring, it most absuititi I) ex linguists one of the must destructive disorders by w men the human frame has beets visited. A. H.' Extract of w letter flout Gibraltar, dated July 4 ;—" the unfavourable del Ollnts ali ratty publish( d in this paper, respecting the state of the health at Tangiers, %%e lie extremely concerned to add, that tbr plague is ■ow alicially known to exist, not only at that port. but 3164.1 at Tetuan and in the interior of the rotiiitry at Fez, ie here it broke out on 22d ult. having been baought by a caravan dirret from Al• gin is. 'flip bet of daily deaths iit Fez is not known , but as Tangieis nu fewer than eight intlivillaals died on tte ; and at Tetuan, according to the latest aecount., the disorder carried off flow 1.5 to 20 In this last luNa there weie about 100 sick un the 30111, with the 115041 symp tom. of the plague. A boat aea iced bete oil the 2d inst. from Tetuan, with letters flow the Viet. Consul and mhos at that place, uhieb they would not rr et ice hi sr, and the hUat ass mitered +m ay, but coati( nut sail mail this morning, as it blew flesh Il inn the east aAI If, yr bhr lh it 101 l id present her getting back to T.7.111i111. A gnat antine id . len days has ht ii laid on all vessels ci wing flow any put t m Spain or out Ing4l, Alt,e siras exerp't it. Monday . n.otning. about four ee;eck, a young man, alio was going to hie aotlt across the liettrat'a Park, war the anal. observed t`t , mind ut a pe:.ott a'rove the watts.; lie ii..ocurtd asst,tance. and tr. a (hart tir.;u the het!, of a 3 ta.ng I .tntkn:an, tit art y tab, t (table appe.tmner, au' got out ut rt.e water in a (cry I tact: (uw.:twn..... lacy et.ur, yed the buil) , to the Jew, Slurp 'I ,tv..ru, hest., aatch ing aim rack. t •a• perlf(t-tovic, cui.tr 'l. iii ..L stare E tct,r I iti..vrb WU, aas lutual a bold a :itch, chum , ser.:si and a bight ul hudett potOls. aak. Mita en Lim , inc u. . ..it puektt, ant t..e other in t.tr coat }MLA. t he sag I tu. Lark coat, I.ght waistcoat anti itowsets, tutu tutu the -4,t4 lie mum Lat e been in the WIECT tor several day s . By the at.tnr desert!. t i,, n . a m', tile name or.' !Sall . bang on a fiat t.; rarer, it Shay lead iv a ti. a of,y ut who tic Is.