The National Register. — London, England, 1821-06-24 00:00:00

LAW REPORT. • COURT OF KING'S BENCH, Jostle 16. DAY AND MARTIN V. BROWN. This was au action brought by Messrs. Day and Martin, blacking-inikers, of Holborn, against the defen daut, Henry Brown, for an imitation of their label. The trick was discovered by a typographical error its the counterfeit publication : the dainages were kid at 10001. Mr. Scarlett felt do hesitation in opening the case, as one of the darkest which had ever been presented to a jury. Quiequid agunt hinittes, were words which had blazed upon the proscenium of a theatre, and perhaps the saute motto might be equally germane to die parties of a court of justice—a stage upon which the scene was varied even from the palace to the pot-house, and where almost every character, front the prince to the pedlar, in turn presented himself to public attention. Of counsel certainly it might be said with truth, that one man in his time played many parts; labouring in their vocation, they lent their aid alike to all ; and the man who was the opponent of royalty to-day, might stand tip for the right of a chininevisweeper to-morrow. To intluduce the present plaintiffs formally to Inc jury, would scarcely (Mr. Scarlett thought) be requisite ; for who, with the slightest pretension to polish, could be unacquainted with the names of Day and Martin? Could it be ne cessary of those gentlemen to say, that, by stooping to the leer, they hid raised themselves to the head of soci ety! Needed it to be observed in the year 1821, that their fame laid spread through every clime where shoes were made of leather? Did not their puffs and poems (passing even those of Packwood/ aitutiate every news paper of the day? and would not they . themselves go down to posterity the blackest, yet the brightest, charac ters of the age? The jury were men, and they knew mankind. The jury wore boots, and they would know the in. rits of Martin's blacking; of that inestimable fluid—dark as the jetty plumage of that bird whose name the maker bore. But fame raised enemies; success raised rivals; and, even as with others, so hard it fared with the mese plaintills. Pretenders had put up for public fivour people had been poisoned for a while with their pernicious preparations; but frail as their own bottles had been their standing in the trade; like those bottles they had broken ; and the long hands of sweep ing assignees had left not a hamper behind. Yet there was out—and now the learned counsel came to the gravamen of his case—there was one man who played a deeper game. An envious oilman dwelt near Golden square, who saw and grudged the plaintilis' rising for tunes. 'l'he caitiff's name was Brown, and lie could make a liquid which he called black, but which, like 1 • , was brown. Each tiask, like Pandora's box, con tained a thousand ills; it burned up good men 'r shoes, did harm to harness, and, lustreless, defied the sweating valet's toil. To sell this villanous composition, however, was Brown's chiefest care; and how did the jury think the wicked end had been attained I Knowing that his own name would bring no buyers, the man of guile re solved to take another's: he printed a quantity of labels, is imitation of the labels of the plaintilla; pasted them at leisure upon his spurious books, and uttered his own base compound to the would as the genuine blacking of the illustrious Day and !Martin. Even thus did error steal into authority; and thus was High iiolborn cheated of its homage! The means by which the fraud in ques tion had been carried into effect, would be sufficiently detailed in. the course of the evidence; but, upon the effect and character of the deceit, a few words might be permitted. The plaintiffs did not ask vindictive da mages, but the defendant, they submitted, was a double trespasser ; at once, a depreciator of their inestimable ware, and a destroyer of the shoes and boots of the com munity: and there was another topic to which Mr. Scar lett would advert—his comments would be brief, but it would not be thrown away upon the jury: he did feel it his duty to add a seiiteiice as to the influence of such conduct upon the general interests of trade. It would he painful to say that the high and honourable feeling which had distinguished Bratsk commerce was on the &chin: ; but the plaintiffs were the only persons who withi:: ilie last few years had suffered by ntean and pi ratical practices. There was a Mrs. Lazenby, who had discovered a pickle so piquant as to tickle the palates of all the aldermen in London—she hail been unable to keep possession of her own name. A Mr. Cox, too, the inventor of a most delicious educe [that, we understand, with which a man might eat his own father]—Mr. Cux had been obliged to defend himself at law: and the learned counsel really apprehended, unless the jury would make an example of the present defendant, that 'smite rogue would go down into the country, redden his lace, put on a powdered wig, and call himself Mr. Scar ett ; or, playing the same trick upon the learned Soli eitot-Generait receive all those fees and emoluments of office to which that heartied gentleman stood entitled. Mr. E. Custance hail been many years in the habit of ti.ing Day and Martin's blacking. lie. bought a bottle of blacking (purporting to he Day and Nlartin's matitifae. titre) from the defendant Brown. Finding it vile stuff, lie carried it to the house of the plaintitli in High Hol born, who altjtired it. James Barton proved the purchase of a similar bottle. The grin' counterfeits were then put in. Thomas Richardson was printer to the plaintiffs. Their labels were painted from a stereotype plate. He timid swear the labels on the spurious bottles were not rim. d from the plate of the plaintiffs. There were se%ei,.l to pographical errors: among others, the word " in the true bill, stood inestanable' in the counter ' feit. Bieliat d Brown, first cousin to the defendant, admitted that he bad got abont 2,400 labels strisek off trout a plate which was supplied to him by the defendant. Mr. Denman addressed the jury in mitigation, but called no witnesses. The Lord Chief Justice thought it a case not tit for vin dicative, btu certainly for reasonable damages. The jury found a verdict for the plattititfs.---lla. magas 131. 6 0 W.: understand that no fewer than sevent..an per sans, were during the last 'tecua strved by Messrs. Day THE NATIONAL REGISTER and Martin with notice of action for similar encroach ments, but relinquished on the parties paying costs and engaging not to offend again. MONDAY, JUNE IS. THE KING V. MOYSTON JONES. The aboWdelenriant, if will he recollected, was tried and convicted last sessions, for falsely swearing before the Surrogate of the Ecclesiastical Court, Doctors' Com mons, that he knew of no impediment to his marriage with Elizabeth. the daughter of Peter Harvey Lovell, Esq. of Cole Park, Wilts. The prisoner's counsel, Messrs. Alley and Andrews, on that occasion took an objection to the form of die indictment, which, was reserved by the Common Ser geant, and judgment was respited until this sessions: the defendant being allowed to go at large upon giving security to the amount of 4001. for his future appearance to receive judgment. He now sppeared, and Messrs. Alley and Andrews moved that he he discharged, on the around that the indictment was invalid, inasmuch as it did not negative all the avernients upon the record, as in cases of perjury. This the learned gentlemen con tended was as indispensably necessary in au indictment of this kind as it was in one for perjury; and the con viction must therefore fall to the ground. The Common Sergeant said. .the point had received the deepest consideration ; and it was with much reluct ance that he informed the defendant that the Court con sidered the of to be fatal, and that he ;mist he discharged. Had the decision hien otherwise the Court would 'have felt hound to visit the offence with great, severity.—The defendant was then discharged. Richard Heath was indicted for stealing a book, value 13s. the property of Thomas Edwards. The prosecutor is a bookseller. and keeps a stall, covered with tooks, outside his shop-door. A respectable tradesman gave the primer a good character ; and said, he believed that detp distress alone could have induced him to c,uninit the theft. The Jury found him—Guilty; but recommended him to mercy. The Recorder said, this was not a case in which the Court would deal severely with the prisoner; as allow• ance would be made ihr the temptation held out by the prosecutor, in placing his property in that careless man ner in the street. If tradesmen would be so careless, they must expect to be robbed. The tradesman who gave the prisoner a character offered to take him again into his service, if the Court would deal leniently with him. The Recorder said, he should suffer a short imprison ment. COURT OF COMMON PLEAS, JUNE W. STEVENS AND ANOTHER, ASSIGNEES Of MITCHELL, O. JOHNSON. This was an action to recover 471. lOs. the amount of a bill of exchange drawn by the defendant in the month of July, 1818, on a person of the name of Moore, and passed to Mitchell, in whose hands it remained unpaid at the time of his bankruptcy, which took place in No vember last, Sergeant Pell stated the plaintiff's case, and accounted for the delay in brining, the action by sling that the defendant had desirelMitchell,after the bill Ihtd become due and was nut paid, to retain in his hands and endea vour to get payment from Moore, the acceptor, who is a builder, and was, at the time the bill became due, actu ally employed in building houses for Mitchell. the bill was put in and proved to be drawn by the defendant's daughter, who was in the habit of drawing bills of exchange for her father. The jury, without a moment's hesitation, found a verdict for the plaintiff. satn•r, MAT 4'. This being the fast nay of 'frinits , Term, the Judges, with the exception of Mr. Justice Best, took their seats in tile usual manner. "I'h! Report of the Milbank Penitentiary was post poned, and read by the officer of the court. .LIBEL.-THE KING V. SHACKLI. A ND OTHERS. Mr. Searlett moved to file a criminal information against the defendants, thrce in number, for a libel on the Countess of Jersey, published in The Jobs Bull weekly paper. The application was made on behalf of the Earl of Jersey. Mr. S. produced the paper contain ing the libel, which he read. The object of the writer was to hold the Countess of Jersey up to ridicule and contempt, describing her to be the insulted anifidank of her Majesty the Queen. The learned Counsel then quoted at considerable length the following article, which appeared in the John Bull of the 6th of May, 1820: the heading, in large letters, -for the purpose of securing notice : ~ LADY JERSEY. " We have received a great many communications about Lacy Jersey, with some of which we shall front time to time atnnse our readers, Every one must feel that we hail a kindness for Lady Jersey alai we have spared her, and we should have continued to do so it she would have allowed us. But this foolish woman, (and a person of " lorly or so" cannot plead inexpe rience) has made herself so notorious and olii:nsively in decent by taking up, when every body else had dropped her, the paramour of Bergami, that the forces herself on our notice; and, please heaven, she shall have enough of it. " The E ul Grey, ashamed and afraid to buy Jahn Bull, et totalAe to resist his curiosity, sends every Sunday, as ou as Lady Grey is gone to church, to borrow it from a friLncl, who is obscure enough, or candid enough, to confess that he taken it its. As neither the friend, how ever, nor his Lady has visited LADY CAROLINA CO- Lbm ui xA, we, upon our own principle, shall not men tion his name. Their stolen embraces, hoverer (this crim. con. of Lord Grey's with John Bull), having, by accident, reached Lady Jersey, whn is a real tuaybady thankless, she insisted on knowing who it was that lent Lord Grey that INFAMOUS ?AM 1 When the &lin qttent was discovered, Lady Jersey, in her own imperial style, declared war against the offenders. Many notes and much correspondence has already taken place, and wore way be expected, &c. In addition to this, we 199 have a much more important article of intelligence to lay before our readers. " We little thought that any thing relating to Lid!• Jersey could ever become a subject of public interest ; but, after the part she has chosen to take in behalf of the Queen—fter the public protection she has your n safed to give to that disconsolate Priticess--aftec the pledge and promise of countenance and support with which she has endeavoured to uphold her, the 'public will learn with no little surprise, that—di-LAD/ s JERSEY IS GOING ABROAD IMMEDIATELY. - . " If we were vain, we :night, perhaps, pretend r some little share in this determination; and We think 't highly probable, and quite natural, that the embarra:•3. merits into which Lady Jersey's visit to the Queen thrown her, the disgust which the public Ite.s so unerpii vocally exhibitted, and the coolness with. which slit:is received in private society,—all have contributed to drive Lady Jersey from a scene of which site once mat the or nament and the life. " Where she is to take up her abode we have not yet heard. The Queen would doubtless be happy to find ses respectable a tenant for her villa at Conio;:but Lard Jersey has shown so decided an aversion from aft 'that connexion, that we apprehend her ladyship cants= be allowed to walk In her Majesty's l'imtseps. " Upon one point Lord Jersey is, we understand, int inoveably fixed. fie has positively deatred that oo power on eJrili shall induce hint to have 13ergansi as a courier. ' —..-.. The Court would find that the whole of the libel was a gross attack upon private character. Statemeuts made in u serious or ludicrous style in4dit have the same effect on the reputation of the party, a like the subjeot of pro. sedition. No prosecution would be found in , the case. Lord Jersey, in his affidavit, daelared the charges made against his lady to be false and szandalous. Mr.Scai lett read the affidavit of that nolilertiaii, and the court under all the circumstances, grantedli rule for the !Iformation. OLD BAILEIJ SESSION% On Tuesday, at twelve o'clock, the tria's terminated, and the Recorder proceeded to pass sentensee upon the prisoners convicted during the sessions:--Twenty-seven were ordered in be transported for 7 yea's; 19 for 14 yens (17 of whom were convicted of haring forged notes in their possession); and 8 for life. A great number were senteoced to various terms of imprisonment, sonic were ordered to be putiliely, and others privately whip ped, and in the case of five prisoners the ;:udgment of the court was respited. The following wretched persons, 20 FM number, were then put to the bar to receive the a 'viol sentence of, death, viz.—Mary Anne Ikhl, Henry \ Villiams, Joseph Lenney, George l'avlor, Sarah Gillm es, William Clap penal,. and Cornelia ri:might, for ste: ding in dwelling houses; John Jackson, for rape; Jo hn Blakeney, for highway robbery; William Wdstm, for returning front transportation ; Robert Holding, C harks \ Vade, and Henry James, for burglary ; Richat d Luck and John Quittenden, fur horse stealing; Hen ty Ryan, for home breaking in the day time , and H obert H itchi nough, Thomas Clare, Charlotte Thorne, trid Elizabeth Web— ster, for uttering forged batik notes, MELANCHOLY ACCIDENT FR' W 4 SUFFOCATION...-. On Monday evening, at seven o'co Mk, inquisitions were taken at Bruin's colfee-house, Die wgate-market, before Mr. Thomas Shelton, coroner for Loudon and South wark, on view of the bitches of Jul an Honor and George Hoag., nightmen, who were soli . Mated in the cesspool' of the privy attached to the aforesaid house. It appeated from the evidence of Mr. Joseph—Hodson, the landlord of the above house, that the dec eased persons, aecom panied, by six others, came ab out twelve o'clock, ott Saturday eight, to clean the privl of his house ; awl that after having taken refreshment, they commenced tneir WOlk, he having taken every pre caution that, during the accomplishing of which, they sl souk' be perfectly sober.. which was the case. They cc ►ttinued taking am the soil - by means of buckets, un id four o'clock on Sun day inoritiwz, when the de teased person (Honor) proposed, as the most effecte al means of discharging their undertaking, to go himselt . into the cesspool, which he did, having previously adjost.cd a rope round his right arm, the end of which was het II by a person above, but had not entered matty steps down the ladder before he dropped off, (it is supposed b ring overpowered by the noxious vapour) and the rope (,living way, he was heard to splash as if into a. pond of water, and c►y out, " Jack, Jack, come and release me 1" Upon which a geueral mur mur ensued among his worktriates, and Hogg, the other deceased, almost i ustawly gin down to his assistance, having a rope tied round his waist, which was splice 4 about the ' Idle. He had riot got far down before be made a signal by polling the rope to draw him up, and in endeavouring to do so it gave way at the splice, and he went to the bottom. Aatother man of the name of Cole, after failing in several attempts to extricate the • deceased persons, gut down at length, and havingapplied ropes to them, they were dragged up, completely covered with the soil. Mt. Field, of Newitate-street, surgeon,. who was then in atteutlance, used the means gu neralty adopted in restoring suspe ailed atiimatiota, but ineffectu. ally. Cole, the man who was taken out of the cesspool, was taken so ill from the effects of the foul a', as to render his recovery almost dubious, but by the assistance. , of the surgeon, he VV3115000 recovered a tittle, but 40111111 S still 1111101 indisposed. ''ire privy is, about twelve feet deep, and had been cleatied in riuveml.er last by the same party. Verdict—" Accidental deaths from suf. location." A letter received from an F:nglish gentleman. who is making a tour of Italy, states, that Majocchi now resides at Milan in an elegant villa, where he lives in splendour, and has nuinber ofservants in livery, but he is not admitted into any respectable com pany. 'What has beanie o.f Mademoiselle Dumont, the mock Countess of tArZombia