The National Register. — London, England, 1821-07-01 00:00:00

'WWI TUESDAY NIGHT'S GAZETTE. BANKRUPTS. .1. Dalton, Bury St. Edmund's, Suffolk, surgeon. Solicitors, Messrs. Bromley and Co. Gray% Inn Square. J. Yonden, Dover, Kent. porter and spirit merchant. Sols. Messrs. !Arlington and Co. Temple. R. A. Cox, G. Weston,.. Furber, and G. Cox, Little Bri tain. bankers. Sole. Messrs. Swain and Co. Old Jewry. R. Consitt and R. Lee, Kingston upon Hull, merchants. Sole. Messrs. Roper and Co. Bartlett's Buildings, Holborn. F. Mitchell, New Mahon, York, corn and coal merchant. Sol. Mr. Wilson, Greville Street, Hatton Garden. J. Cayzer. Millbrook, Cornwall, innkeeper. Sol. Mr. Makin son. Middle Temple. R. H. Salmon, Alfred Place, Redford Square, horse dealer. Sol. Mr. Martindale, Gray's Inn Square. J. Hilton, St. Martin's Le Grand, saddler. Sol. Mr. Mills, New North Street, Red lion Square. W. R. Goodluck, l.eigh Street, Burton Crescent, broker. Sol. Mr. Taylor, Jewin Street, Aldcrsgate Street. W. Draper, Maldon. EIiSCX. watchmaker. Sol. Mr. Lawrence, Maldon. DIVIDENDr, ...... July 12, S. Raistrick, Idle, Yorkshire, clothier-21. F. Lear, Strand, brushmaker-17, T. Mantle, Dover, cabinet maker -28, A. Milligan, Wolverhampton, tea dealer —3. W. Basher, Alderagate Street, wholesale jeweller-17, J. L. Dumont, Austin friars, merchant-7, .1. Cummings, Osborne Street, Whitechapel, brewer-17, W. Emmott, Lawrence Pountney lane, oil merchant-7, B. Foot, Graceelitirch Street. tavern keeper-7, T. and E. S. Foster, Yalding. Kent, maltsters—l7, J. Balltner, City Chambers, Bishopsgate Street, merchant-7, S. P. Seeger, Maidstone. charier-17, J. Kirkman, High Street. St. (lilt.", brewer-7, W. Etgar, Maidstone, grocer-17, J. R. • Browne, New Road, St. Pancras, statuary-3. T. and R. Tweed, sibingford Mills, Essex, millers-Iy, N. V. Spangen, Wells Street, Goodman's Hebb'. merchant-20, T. Brown, Longdon, Statlbrdshire, grocer-23, T. Lax, Liverpool, boa') boiler —24, Al. Baillie, Brarul Street Buildings, merchant. CERTIFICATES to be granted July 17. J. Collier, Rainow, Cheshire, cotton spinner—W. Bryon, Damniersmith, brandy merchant—J. Swains, Bristol, dealer— H. Fuller, Bethnal Green Wind, surgeon—S. Lovelock. Bristol, baker—W. Smart, Bishopagate Street, carpenter—E. Hoe, Allulkirk, Cheshire, calico punter. LAW REPORT. COURT OF KING'S BENCH, MONDAY, JUNE 25. RIVERS V. HEATH. M r. Scarlett moved for a new trial in this case, on the ground that the verdict had been given against evidence. —lt was an action against the defendant, a celebrated engraver to recover one hundred guineas for engraving Ilogarth's March in linchley. .1t appeared that Mr. Heath, having been employed by Mr. Baldwin to en grave Hogarth's works, sent the plate to Rivers, who received 44!. and brought his action for the difference. The jury found a verdict for 1001. Scarlett now stated that the plaintiff had not been so long employed on the work as he had proved at the trial. The defendant had obtained evidence since the trial to luvir that the plaintiff was employed on other works during the time it was supposed lie was at work ou the plate in question. The court granted a rule on payment of costs. The court was occupied during the day on motions for new trials. BIRCH V. APPLEBY. Application was made in this case for a rule to shew CAI'Se why the defendant should not be discharged out of the custody of the Sheriff of Middlesex on the ground of bring a femme cower!. The application was made on the Lffitlavit of the defendant, stating that she was the wife of a medical Hiatt named Chetwynd, who left her in 1799, to go to Al ad rat. It did not, however, appear, that the husband had been seen or heard of since that time, and the Court, under all the circumstances, held that there was not sof- &lean proof of coveraure to induce them to discharge the defendant.—The appliestion was refused. l'he Court after hearing motions, rose at an early hour. FRIDAY. JUNE 2g. LIBELE.••••THE KING V. EDWARD KING. On the motion of Mr. Walford, the defendant, a book seller, appeared to plead to an indictment preferred by the Constitutional Association, which had charged bins with unlawfully publishing a false, indecent, and scan-' dalous libel on the King, the House of Lords, and the House of Commons, in a work entitled The Paspin, or General Setyrist. After the libel had been read, as set forth in the in dictinen-, the defendant pleaded Not Guilty, and was told he would be tried at the Sittings after the present Term. The defendant being called upon for bail, Mr. Blackburn said, he was instructed to state to the Court that the defendant was prepared with the usual bail for his appearance, but not wish bail for his future good behaviour, 9 s required by the Guth of Geo. the 311, cap. 16. The learned Counsel - wished to know whether the latter could be dispensed with. The Chief Justice.—" The Court arc of opinion he ought to give bail for Isis good behaviour." The defendant, some • e after, called his bail into Court, and after examination by Mr. Walford, they entered into recognizances in 401. each. THE KIWI, V. WM. CLARK. The defendant was also brought up to plead to an in dictment for publishing a wicked and blasphemous libel of and concerning the Holy Scriptures, in a work called Queen Mar. Alter the libel had been read the &fen dant pleaded Not Guilty, and was told his trial would come on at the Sittings alter the present Term. lie was then asked if he had hail in attendance. The defendant addressed the Court, and submitted to the Judges, that he me•Mt to be discharged on his own recognizance. He had been iu consequence of a former prosecution held to bail for his good behai iour, and he could prove, he said, that he had not been one hour in his shop since he was so hound over. Chief Justice.—You must make an affidavit of that fact, and go before one of the Judges. Your application cannot be attended in without an affidavit.. _ The tipstia was then ordered to keep the defendant THE NATIONAL REGISTER in custody under his warrant until he had an opportu nity of going before one of the Judges, at Chambers. - PENNINGTON C. WALLACE. In this ease the plaintifl, a lady, had cohabited a con siderable time wiih the dolendaut, who made her a grant of annuity of SOL In consequence of separation of the parties and non-payment of arrears, she commenced an action, to which there was a demurrer, and the Court was called upon to say whether there was a bar to the action. It was contended on behalf of the defendant that no consideration had been given for the annuity, and that the plaintiff could have no canseot action. It was argued •ery ably by Mr. Holt, for the plaintiff, that the defendant was under a moral as well as legal obligation to abide his own act. lint the Court, under all the circumstances, held that cohabitation was not a consideration sufficient to bind the defendant to the annuity deed. It was consequently decided that no consideration had been given for the annuity, and the plaintiff will not be able to recover at common law. CAPON V. CROSS. This was an action tried at the sittings at Guildhall, after last Term, when a verdict was given for the plain tiff—Damages 2001. Mr. Nlarryat, on the part of the defendant, moved the Court fora new trial, on the ground of such verdict living contrary to evidence. The Chief Justice read his notes of the evidence, and granted the rule. COURT OF COMMON PLEAS, ASTEL V. WINTER. This was an action brought for one month's hoard and lodging of a lady and her child, at the desire of the defendant. who is a general in his majesty's service. Eliza Evans, the first witness called, stated, that she lodged in the pl house, in Popin's-court, Fleet street, during the last year; she saw Gen. Winter come there with Mrs. Mills and her child; he looked at the apartments for Mrs. Mills and liked them much ; he agreed with the plaintiff's wife to pay 31. a week, tor board and lodging for Mrs. Mills and her child. This witness was cross examined at considerable length by Sergeant Vaughan. The learned Sergeant's examination went In impeach the character of the plain tiff's house, and the witness; hut nothing appeared that was in the slightest degree injurious to either. A witness, who visited at the plaintiff's house, proved that Mrs. Mills and her child bad been boar!ei and lodged there in July and August last. The plaintiff's daughter proved that she saw General Winter come to the house with Mrs. Mills, and look at the lodgings—she never saw him after. Sergeant Vaughan addressed the jury for the defence. Gen. Winter, the learned Sergeant said, is a gentleman of unsullied honour, and resists the charge because there was no pretence for charging him. The action was brought because the plaintiff supposed General Winter would not have nerve enough to face what is called the exposure of a court of justice; hut, if it were a just de mand he would not resist it, and being an unjust one he was too brave to shrink from defending it. The learned Sergeant put it to the jury, whether they would, on the evidence they had heard, decide against the honour of his client. _ Mr. Justice Park, in charging the jury, said, the de. fondant might be a brave 111311, and a man of high rank and station—all was very probable; but could the jury allow those considerations to discredit the evidence they had heard. The witnesses had passed through the ordeal of cross examination, and had conic out pure, and he could not see any reason for discrediting the evidence they had given. His Lordship observed, that the sum sought to be Rcovered was 161. 15s. ; but a small part of it being money borrowed by Mrs. Mills, which General Winter had contracted to pay, most be deducted. The jury immediately found a verdict for the plaintiff —Damages 10. 2s. police. MANSION HOUSE. CONSTITUTIONAL ASSOCIATION.--Wednesday last having been appointed for the hearing of the informa tions against the Constitutional Association, the justice room was crowded to excess immediately upon the open ing of the doors, and the greatest interest in the event was manifested both within and without the Mansion house. At twelve o'clock Mr. Sharpe and Mr. Murray, attended by Stephens, the solicitor, Mr. Gould, and a number of other persons connected with the so- ciety, entered the room. They were shortly after fol lowed by Mr. Thack ray, Mr. Parkins, and Mr. Hano ver, attended by several other individuals. Alderman Waithman sat with the Lord Mayor, who ap,;cated to have suffered considerably from his recent indisposition. The city solicitor sat on the bench with his lordship. Mr. Adolphus attended as counsel Mr Mr. Sharpe. It was signified on the part of the pros.•cutiuu that the information against James liulwonii Sharp would be that upon which they would lii al proceed. The information was accordiogly read. It was that of John Tyler, of the parish of St. Clement the Deno, bookseller. It was dated the 13th of June, and stated, in effect, that J. B. Sharpe had become a member of a Society called the Constitutional A asocialion, the mem bers whereof did assent to a declaration not required by law, and which Society was an unlawful combination or confederacy within the intent and meaning of the 39th of Geo. the 3d. Mr. Sharpe pleaded not guilty to the information. Mr. Thackray addressed the Lord Mayor in support of the information. He commented by saying, that his Lordship had heard the inloonation, and that if the forms proscribed by act of parliament were not complied with, the words of the enactment against such societies as that he proceeded against were sufficiently clear to render it uniteces..ny to enter into any lengthened dis cussion upon Mimi. Before, however, be entered folly into the ;s1.1160•1, lie would bt to d1.5C1.1 ini any know- - ledge of personal hostility or animosity towards the mem bers of the association, to several of whom he was bound by ties of friendship, and towards others by tics of dear and near relationship, and he could not but severely regret that. any with whom lie had the honour to be connected should have placed themselves in such situ ations. lie disclaimed any other than those public mit. lives with whicn every subject ought alone to be actu ated. Fur himself and his friend Mr. Parkins, he could say that they were equally hostile to the propaga tion of blasphemy and sethtiou with any in the king dom, and they lamented that some abuses of the press should give plausibility to such an unconstitutional association as that against which they proceeded. It would be objected perhaps, that the act under which they proceeded only contemplated certain societies in existence of the time of its enactment (which were de scribed in the preamble of the act), and that it was now in fact oletoltne. He must have been a short-sighted legislator, who in citrrecting present evils and abuses, did not look forward to the prevention of future evils and abuses. lle contended that the legislature had, in the enactment, contemplated the formation of societies whose professions were plausible and praiseworthy-- pretended assertions of orders and abuses—in fact,— " Constitutional Association." He proceeded to con tend, at great length, that the existence of inner societies would form no argument in favour of this, although they might assent to declamations not required by law, as they were excepted by the act, which was not in tended to operate against societies for religious and charitable purposes. The first witness called was Joseph Wilfred Parkins, who was examined at great length, and stated that he went to the office of the association, at No. 6, Bridge. street, Black friars, where he saw Mr. Sharpe, who gave him a paper containing an address to the public, and a list of the additional subscribers. Mr. Adolphus, in a speech of great ingenuity, com mented on the case, and the part of the information which, he contended, was not supported by the slightest evidence. The information was against Mr. Sharpe. for having become " the Member of a Society, the Members whereof (not Mr. Sharpe) did assent to a declaration not required by law.' No such declaration had been produced, nor any evidence to show mat any such alteration had been assented to.—He con tended that it would be absurd to suppose that a society like the Constitutional Association was within the meaning of an act passed for the suppression of societies meeting for " treasonable and seditious purposes," when the very address" put in evidence as a " Declaration" proved the contrary. After lengthened remarks, in reply to the observations of Major Thaekray, he con cluded by calling upon the Lord Mayor to decide, without regarding any of the threats of proceedings in other Courts that had beets made use of. The City Solicitor, alter consulting with the Lord Mayor for some time, declared it to be his Lordship's opinion, that the evidence did not support the informa. Lion winch he therefore dismissed. GUILDHALL. FoROID Ftvz POUND No res.—On Friday a young man, of respectable appearance, who gave his name George Lee, together with a young female of genteel appearance, who passed for his wife, but whose real name was Elizabeth Brown, were brought op before Sir J Perring, charged with uttering two forged 51. notes. Frotn the evidence adduced it appeared, that the pri soners had Lakin: an apartment as married people, which the pregnant state of the female seemed to confirm, at No. 16, Frederick's-place, Goswell-street-road. In the Course of Thursday last, they, in company together, had obtained from Mr. I)owdney, of 105, Aldersgate-street, tailor, a suit of clothes for the male prisoner, to the amount of 41. 10s. and at the house of Mrs. Macfarlane, of St. John-street-road, sundry articles of kitchen huni lure, value 11. lls. In both instances they had directed the goods to be sent to the above address, with change for a 51. note. When Mr. Dowdney's servant took the clothes, he was shewn up into a room, where he saw both the prisoners, delivered his goods, and received a 51. note in payment, which on his return was discovered to be a forgery. Some time was lost in looking for an officer, and upon application at the house in Frederick's place, they subsequently learnt that the place had only been taken that morning, and that the parties were gone away. Lest this trick might not answer twice at the same place, means were taken to countermand the deli very of the goods ordered at Mrs. Macfarlane's. The niale prisoner called there again in about a couple of hours, to desire they might not be sent, as they should be from home, and that he would call again In this interval a fresh lodging it seemed had been procured at NO• 6, Lower Smith -street, Northampton-square, and between eight and nine o'clock Lee again called at Mr. Nlacfarlane's and ordered the goods to be sent to that direction, stating as au excuse that they were intented as a present. The goods were sent accordingly, but the servant who took them was stopped in the street by the prisoner, who reeeised the change, giving a Si. note in payment. In both instances the prisoner had endorsed the notes with the name " Mr. ThM1114011." ( )11 this evidence, and that of Mr. Glover, the inspector, who declared both die notes to be forgeries in all respects, Mr. Maynard, the Bank solicitor, requested that both the prisoners might be remanded, as he had othet charges to prefer against them. Sir J. Perring hesitated with regard to the female pri soner, there being no evidence to implicate her, beanies the bare fact of her having been present at the purchase of the goods, and of the utteriug of the notes in both instances. Mr. Maynard allowed that he could not call for a final commitment upon the evidence alone; but, as he had no doubt of being able to add other and stronger evidence of her guilty knowledge, he trusted there were sufficient grounds to warrant the magistrate in remand ing her for another examination. fhe prisoners declined saying ally thing in their defence at present, and were accordingly remanded for a week.