The National Register. — London, England, 1820-02-21 00:00:00

L.4IV INTELLIGENCE. I .~ couar OF KING'` BENCH, GUILDHALL. FEB. 45. LA AIMUIi V. GOI• Tit s any an action un Ow ease brou.glit by Mrs. Lievaibr, lie s -I. r, Mill vlitisrls•lor tof li•lftiotuce liA;litotoi the defendant, a medical bookseller. and printer and ens, aver. ti tale li. glt. 'Ube derlarati aaaa stated that the plaint iii was praprietist of Harvsy's fish-sauce, and charged defer dual 5% it. having punished labeis similar to those whet. were stuck ilk he Omni itl 's bottles, and bill/111K NOW 11. ales.... flatlet and Hardie, cis) mos and dvu4sisisi ',Well Street, C10t... wide ;by amain ale. eaf the plaintiff M. 14 injuied in the sale of her 1411 Ce, but the sauce tt glided as bad e harrier. Ike facts of this case were , that Mr. Harvey, who for ninety kept ass ion at Reams, taw the illVellier of the Cele. heated sauce koman is his slismi•. In the year 1199 he gave the receipt to his .e.ter, Ma. lattently, is Ito carried on a t orohiable trade iu this article ,as Edwurif Street. P0111111(11 Squire. Mrs. Lazenby aftei wade retired from business such she gave up to her sow. Mrs. Lazenby had beau long maitre that spurinus onto of mace bad been sold for hers, but she ant nut able to discover by 'whom at Is ngth an ac valeta happened which led to a fliscuvery. A boy calle4ms Mrs. Lazenby with a parcel containing SOO liibels. Mrs. I, Laarishy. out having 'ordered auy labels. inquired from to loom he bad brought them. The buy said they came true Ilse defetaltint, who had been in the habit of printing Mrs. Lizenby's labels for many years. On looking at the labels, Mrs. Latentis observed that the labels, though at first sight they resembled those used by heiself, weir. upon a minute exaatalt.atioet, itiffrient iii some trilling circionistaliecs--the wand '• London" in the one bring printed iii small letters in the same line with Edward.street ; in the oilier. this word airs printed in capitals in a line by itself. Upon this she sent lair attowieyto the defendant. He showed him the labels, and asked him whether he had printed them. The defendant acknowledged that he had en. erased a plate ftosu Which the labels, were printed some years berme. He said he had done so without the privity or consent of Mrs. Liezenhy t it was done by the order of Messrs. Flatlet and Hardie, who had :Mies printed from it from lime to time, as they required them. The Wed in question was printed 6ir a gent lentati,who, as defendant believed, was the successor of Messrs. flatlet and Hardie. They were to be called for ; being left in the shop, and the boy seeing the 'tame of Lazenby 'you them, bail taut' d them by mistake to the plaintiff's. 'flit defendant staid, he ass *Wing to give up the plate, which the slummy declined. The defendant said he saw nu impro• priety iu doing what he hail done. The Lord Chief Justice said, that the defendant seemed to think lie had a right to act in she instinct lie had done It was fit it nilolll{l be publicly known that this was un less fol. A person might tell any conianodity lie pleased, provided lie sold it as his owes, but it was unlawful for him to sell it as the invention of another person. His Lordship said this might affect the inventor, toot only by devreming Ire sale of his goods, hat if the substituted article was an inferior one, it would injure the reputation of the or i gi nal invention. It was slot only unlawful to sell a substituted commodity, it was also mile% fail for a printer to enable a person to do this, by supplying hint with bills si oiler to those used by iloe original proprietor. The plaintiff's counsel said, the object of the plaintiff in bringing this action was to toy the righs, and give publicity to it. He would the not requite more than nominal damages. The Jury accoodingly gave a verdict for the plaintff, &Haagen 40s. SMITH V. BUTT. This was an action to reviver from the defendant a su m of 4.1. paid in the plaintiff's own house, under the tol. owing circumstances: — The plaintiff had been a cheevemnager In the Borough, aod the defendant a cheese factor, who occasionally sold him goods. The plaintiff's affairs because embarrassed. sod be proposed to the whole of his creditors a composition ot M iu the pound on the amount of his debts; the defea dant interfeted with anise principals fur whom be acted. and agreed to sign the deed of composition for them all, with the exception of one named Evans. upon whose debt be insisted to receive 7s, in the plaudit, and the differ ence between four and seven shillings on this man's debt would amount to 481. es. The defendant resisted all appli oration to abate this demand, and an interview took place between him, the plaintiff, and his wife. at the Chambers of their Attorney. the defendant positively refused to sign there, except on the conditions mentioned, and the Attor ney retired, leaving the parties to mettle the difference. He returned after &short time, and then the defendant received in his presence a composition at 41. and signed the deed, end the wife of Smith, the plaintiff, expressed herself ex tremely thankful to the defendant for the care and trouble it had taken its the settlement of her bushaad's affairs. The Attorney, also was examined, could net swear of his own know .edge. that MM. Smith had paid the 4411. to the defendant durtsig his absence; it did not appear that the money was ever handed over to Evans. Mr. Scarlett and Mr. Gurney cunducted the business for the plaintiff; mid Mr. Canspb . ell for the defendant, strestgly reproved, in his address to the Jury, the shabby aad noir**. tut cioduct of tie plaintiff, in bringing this action against the 1 1 defendant, after acknowledging the trouble he had kindly takes in the se ailment of his *Mai's, instead of bringing the 1 , action against Evans, to whom 1w must know the money was hasid-il over, if it really had been paid to the defendant; but of that fact the Jury had uo proof further than by inference. The Cuter Jeerscr, in slimming np for the Jury, told them that the law on this Oetalliall I. as, th a t a „ as„ bs signing ally composition, such as that in question, 011ie the number of other creditors, had a right to receive any money or security in consideration of his signature, be. voted Ilse proportion accepted by the rest of the creditors., because in so doing lie would have beet' guilty of a frau dulent collusion tu deceive them ; and the debtor 'baying such money or security, would be entitled in action to re cover the snot an paid. In this case there certainly was no positive proot the the 461. was paid to the dc(rosolant, but 'lsere was xli of evidence for *lir jury to infer whether It was or was not, fro in the transaction pros ed tio have taken place at the atiorsiers chambers. H . the Jury should think that the money nag paid to the defendant, Ise had not wailed himself, as be might hose done, of the evidence of Evans, to prove that the money is iss paid to him ; and cou wipeout) of Hie Jury thought the money was paid to the deffeisdatat by the plaintiff, their verdict world be fur the plaintiff. Verdict aicerellegly.—Damages4Bl. Is. TIIE NATIONAL REGISTER. C:OUItT OF KING'S IiI.NCII, FEr. Is. CASE OF LI 11F1...—RIUSIBOLD v. CLEMCNT. This action. which excited some interest, CJitele on for trial this wonting. The action was brought for the re cosery of a compensation for the injure luck the plain tiff sustained, in consequence of a libel inserted in •' The Obserser," newspaper, of winch the defrud.u►t is pro prietor. The defendant first pleaded Not Guilty. and atierwards entered :a justified% too, stating the account to Ire true. •10 this a replication was tiled, denying the truth of the account; and upon this point issue wa• joiortl. Alf..ticarlett and Mr. Chitty conducted the plaintiff'', and Mr. Adolphus and Mr. Dowling the defendant's case si appeared in the course of the trial that the was contained in AU account of some proceedings a t Guildhall, u► which the plaintiff had been suns ttttt ned by one Brdfoid, to produce an account of a distress which he had levied. The account given in 44 The Observer," in several instances varied from the actual proceedings. and the Chief Justice stated to the Jury, that the plaintiff must recover. The question would be as to the quantity of dan►ages. The Jury required leave to withdraw,and, on return ing, gave a verdict of 3UI. dan►ages. OLD BAILEY SESSIONS. Friday, Feb. 18.—John Itithery was indicted for killing and slaying Thomas Cookley. W. Boddy deposed. that he saw the prisoner and de ceased on the Ist of February, in the workshop of Mr. Jones ; prisoner was blowing the bellows and holding an iron in the fire ; suw them striking it on the anvil ; saw the prisoner push the hot i at the deceased, who then struck the former, and a scuffle ensued. Henry Povey confirmed the above evidence. Henry Povev, the tither of the last witness, saw the prisoner and deceased struggling ,• the latter had hold of the former by the throat. The deceased gave no notice that he was hurt. They all then went into the hav-loft. The deceased went down into the yard, and wit tieNc told him if he would not go to work to go h . He never knew a mute sober or humane man in his life than the prisoner. Thomas Brady, a student at the London Hospital, saw the deceased at the hospital on Tuesday. There was no appearance of blood about him. The wound appeared like a burn, done by a hot instrument ; it was a quarter of an inch broad, and was just above the groin. It had penetrated quite far enough to occasion the inflamma tion which caused his death. Did not see any part of deceased's clothes burnt. The intestines bore marks of a dreadful scorching. Witness hardly thonaht it pos sible for a matt to stand on his legs so many hours after he was wounded. John Reed deposed that he apprehended the prisoner at his work, the next morning. He seent.ti much affect ed when he heard of the death. He pointed out the iron he had used against the deceased. The prisoner in his defence said, he had desired the deceased to take the irons out of the fire ; deceased laughed at hint ; he struck him with one of the irons, not meaning to hurt him. The deceased struck hint again with the hammer, and to began the scat l'. Several witnesses gave the prisoner au excellent cha racter for sobriety Dud humanity. Baron Graham I up; he could not account for the death of the deceased, brit by supposing he had re ceived the wound while scuffling.—Verdict—Man slaughter. Charles Elliott. a boy aged but nine years, was in dicted capitally for stealing six handkerchieff privately, from the shop of Mrs. Martha Blakeman, on the Bth of February inst. The prisoner set up the defence usually adopted by the most hacknied thieves.—He was going rather quick, he said, along Oxford.sireet, and saw another boy, exactly of his own size, run very swiftly before him. Immediately he heard the cry of "stop thief," when the boy dropped a parcel ; 1w (the prisoner) picked it up and cried nut " you hare lost your silk handkerchiefs.' The boy instantly turned mend and desired him to keep them, when at the moment, an officer came up and took him into custody. Mr. Ju.tiee Richardson summed tip the evidence, and the Jury, with little hesitation, found the prisoner Guilty—Death. illiam Smith was capitally indicted for stealing two cows, value 361. on the 9th of February, the property of William Moires. Mr. Baron Graham addressed the Jury, and the pri mmer was found Guilty—Death. Robert Smith was capitally indicted for assaulting Ed ward Weller, at the parish of Shadwell, on the 14th January last, and taking from his person a silver watch his loop erty. he p banter was found Guilty—Death. Twenty peraons were put to the bar, ..nd pleaded Guilty to the minor offence of having forged Bank of England notes in their possession, This plea subjects them to fourteen years transportation. Tne following pleaded Not Guilty generally to both offences, and remain to lw .tied : William Rose, James Grifiths, John Curtis, Samuel Bryant, Daniel Lucas, Charles Hunt, and Aurae Corns. !! The following were indicted for the capital offence of ! uttering only, and also pleaded Not Guilty : Charles arris, Stephen Gull, lA'illiatts Jennings, and John Smith. The latter pleaded to four indictments. la-sides a fifth for stealing goods in a dwelling-house, value 101. and upwards. SATURDAY, FM 19. BANK PROSECUTIONS. This day, Mary Hurd, alias M 'ry Davies, and Joint Palmier, severally pleaded guilty to the minor offence of having for d Batik-notes in their pos.ession. John Smith s ood indicted fur having, on the 261110 f January last, uttered a fogged lols note, with intent to • •••• defraud the (iov Nor and Cotnpany of the Bank of England. There w 61.3 also another charge for the same offence. Mu:. Ann Appleby stated, that she keeps a hosier's shop at No. 13, Parliament Street, Westminster; recol lects the prisoner coining to her shin, on the Wilt Jan lasi, and asking for a pair of gloves: the pri oiler's hand was so large, that coo.tilerable daft:silty was found in lining it: the prisoner also purchased s other arti cles ;the value of the whole was between 21 and 31.; the pris. tier offered a WI. note in payment; wii less gate the note to her daughter to go and procure change. ill a few minutes her daughter returned, without be ing able to procure change, and gave the note to the primmer. Stir afterwards went out again lip the same purpose. M'hilst Miss Appleby was out the second • another nun came in, who said that he hail come f ur a pair of stockings, which he had purchased in the afternoon, but wit cfl he had left, because the witness could not change him a 11. note. He now paid for the goods in silver. This person observed to the prisoner, that it was a fine nie.bs. The prisoner replied, it was. The Malt SIWII left the shop, and immediately afterwards the prisoner followed him to the dour, telling witness that he can'd not wait. He desired the goods to he sent after him, to the White Horse Cellar, and said hisnanie was John West. The address was given in the sweet, as the prisoner was in such haste logo, that the daughter of witness followed hint to learn it. l'he note was found to be a forgery. The following day a person called for the goods and the change, saying, that be waste carry them to the George and Dragon. Witness refused to give the goods to the person who called,. bass afterwards sent to the George and Dragon, and ascertained that the prisoner was not there. Attu Appleby, the daughter of the last witness, con firmed the testimony of her mother. Thomas Pace is an officer, belonging to Quieen-square. office.—Recollects bring scot for to Mr. Mansell's house., on the 26tli January, where he met Nita. Apple by. A tul. note was shewn him, which was the one now produced. The next mnming he was sent for to Mrs. Appleby's, and witness accompanied Mrs. Apple by's servant to the George and Dragon, Jerinyii-street. The servant carried souse goods with her. Witness waited near whilst the servant went to inquire for the prisoner. They then went to the White H rse Cellar, but the prisoner was not to be found. On the 3d of February witness received information that a person re sembling the prisoner was in confinement at Tothill fields prison, under another charge. Witness took Mrs. A.Appleby anti her daughter with him, and they idea tified the prisoner immediately. Marryat resides at No. 21, Wilson -street, Fins bury square. This witness proved that, upott a previ ous occasion, the prisoner had attempted to pass a hi. note at Isis shop, but left the shop hastily, upon suspi cion being displayed, without taking either the pnr chased goods, or the change of the note. He here gave his address John Wilmot), Edmonton, and said that hie father was a well-known person i.o that place The showman of the last witness gonfirined the above statement. Peter Perry, a Bow Street officer, proved, that in coin • patty with another officer he apprehended the prisoner fur another offence. In handcuffing the prisoner his hand was found to be so large, that witness suspected him to be the person who had attempted to pass the note at Mrs. Appleby's shop. The prisoner had been des cribed at the office as a man with a hand remarkably large. Mr. John Lees, a hank inspector, proved the note to he a forgery. Mr. Charles Phillips, a cashier of the flank, proved that Lis name affixed to this note was a forgery. The prisoner made no defence, and called no wit. nesses. Mr. Justice Graham summed op the evidence, and the jury found the prisoner Guilty. Dr. Nlounsey, of Chelsea College, was not upon die best terms with his wife; and to pass the lime, they often amused themselves in quarrelling ;—not amiss itt cold weather, as it is found to save coals. ate Sunda,, the doctor walked to Fulham, where lie was engaged to ; but io the evening beheld a thunder-storm, with a continued torrent of rain. No sort of carriage was to he had hut a re tttttt -hearse, which he engaged to go by Chelsea. The storm having at length abated, the lady was at the window when the hearse drove up to the door. " What do you meant" the said to the coachman. " I have brought the doctor, madans."— " Thank God !" was the reply; " now he is as he should be." The doctor, shovin g out, and finding him self upon his legs, shook his cane at his kind half, with this retort, " You jade, I shall live long to plague you, I hope." A young man on the point of marriage was drawn for the militia in Lorraine. In despair he applied to the Count de Mitry, captain of the regiment, who in cots.• passion gave hie word that the service should not exceed one year. The term expired, the captain explained to the colonel, and requested the man's discharge, which the colonel flatly refused, as he said the subject was an excellent soldier, and did credit to the corps. Neat day he was surprised when the captain waited on bun in the soldier's attire, knapsack and musquet, with this address: " My colonel, as the word of a gentleman is sacred, and I have pledged mine that this man only shall serve for a year, here is my commission of captain, which I resign, and ant ready to svrie in his place " The colonel with shame and amazement signed the discharge. A few days ago a large eagle was shot near Craston-bank, by Joseph Foster, Esq. of Newton Hall, It weighed upwards of nine pounds, and the wings', when they were extended, measured from point to point above seven feet ; it has been preserved by Mr. W. Resy o of Ainwick.