The National Register. — London, England, 1821-04-15 00:00:00

118 4SSIZE 111'1 ELLIGENCE. GLOUCLSTER. • CIVIL BIDE. GRIM. CON,..WATERUOUSL. Vila. V. COL. BERICELRY• This case, which has excited so ranch interest among the fashionable visitors to the town of Cheltenham, and among the inhabitants of the surroundher counnea, came on to be tried on Saturday. The Court was crowded to excess. The damages were laid at 20,0001. Mr. Jervis proceeded to address the Jory. The plain tiff, Mr. ‘Vaterhour.e, was the son of the late Mr. Wa terhouse, who was formerly a merchant of eminence, carrying on business in London. In the year 1810 he went to the Isle of Man, where he became acquainted with a very respect :lite family, of whom the unfortunate lady, who was the suhject of the present action, was the eldest daughter. Ile alluded to Captain and Mrs. Blake. The plaintiff was then about 20, and the lady nearly of the same age, but rather younger. On the bath of Sep tember, IEII2, with the mutual consent of their parents. they were married. Snout after their union it was found convenient, front the pecatiliary circumstances of Mr. Waterhouse, that he shoold retire with his lady to live in some cheap part of the kingdom ; they went in con sequence to reside at Searborimall. l u the course of the three following years they were blessed with three chil dren, two girls and a boy.—lti the wittier of 1818, a rs. Probyn, who had been an early niend of Mrs. Waterhouse, arrived :at Cheltenham for the benefit of her health. Their MLitt] ley was, of COUNO, ; and, through the medtom aif this lady, the deleiadam, Col. Berkeley, was introduced to the plaintiff and his wife about the beginning of the year 1819. No parti cular intercourse aidlowed host:veil the Gentlemen,' »nthing further having happened between them than an exchange efcards. On the Ilith of April, to that year, Ain Waterhouse went to London to see his brother, who was, at that time, in an ill state of health. Ile contihted absent till the 10th of May, when he returned to Charlton. On the loth of July following, he W:l5 again under the necessity of quitting home, for the pur pose of going to Jersey to see a sister. Ott this occasion he was absent a little more than a month. lie returned to Charlton on the 15th of August. In the beginning of the year 1819, it had been proposed to Mr. Water house, in consequence of the increasing slate of his family, having had a fourth child born at Charlton, to proceed to Jamaica, to code:avow in obtain a situation, by which he might he enabled the better to consult the comforta and happiness of tiaose he so tenderly loved, for up to this time he did not entertain a doubt that he was ill full possession of the warmest affections of his lady. On the 18th of January, in the last year, he left Charlton Kings for Bristol, with a view of embarking forthwith for Jamaica. Adverse winds detained hint in port till the 14th of February, when he proceeded on his voyage. It might beroper here to rein irk, that on thus leaving his wile fJ or amaica, Mr. IVaterhouse felt her under the 5:1111C protection as he had on the two former oecasaons, with an ample provision for her main tenance during his absence. Front Jamaica Mr. Water house returned in July, and knowitig that he had had no intercourae with his wife from the loth of January preceding, the Jury might better imagine than he was capable of describing, the agonized situation in which he was thrown on being hammed of the course which she had adopted, and of her being then fat advanced in pregnancy. Ile went to Cheltenham, but took the precaution of ainiding the abode of his wife. Ile re mained there three days after the communication of the painful intelligence, and then left the place, determined never to see her agaiti. In the mean time his suspi cions, which were unhappily hut too well founded, were confirmed by an intercepted letter—the contents of which, as it had come from Mrs. Waterhouse, he was not at liberty to state. It was addressed to the present defendant, IN language calculated to excite sensations which he would not venture to express. The suspicions were, however, more fatally supported, for, on the 1 Ith of November, being a period of 42 weeks, from the day oil which the plaintiff left his wife, she was delivered of another female child, which, troth the course of nature, could not by possibility be his. I . ! atoll mw proceed to state'also, the evidence of which he was in possession against the defendant, and from which it would appear most clearly, that he had been guilty of criminal inter course with the plaintiff's wife. And this he would make out, ti:it only by the testimony of living witnesses, but by letters, in the hand-writing of Colonel Bet kyle) himself. The first that passed between the parties upon the subject was of tit': date of the Ist of May, 181 y, and now the Jury would see the materiality of the dates, to witch he bad requested their particular attention. Now the letter in question from Colonel Berkeley to Mrs. ‘Vatalhouse, was dated the Ist of May, during that absence. It was in the following terms:— " Nothing. but the fear of losing an opportunity of seeing you, could induce the to write, but I ant obliged to be in London on M ooday, therefore 1 now send. To night, at 1 will Lem the appointed spot. 11 you love we do not fail me—there is no danger." He (Mr. Jervis) was in possession of 24 letters and eight notes, written by toe (kleinlaut to Mis. Water house, which were obtained from that lady on the 12th of December, in consequence 01 Mr. Waterhouse, with his Solicitor, haying gone to her lodging and obtained tlwati by means when, under the cocumstancea, were nut to be terrobatei. The Learned Cannel then pro ceeded to read !lie letters in question,which were couched in ridiculously passionate terms, and contained allusions which could leave little doubt as to the nature of the intimacy that had subsisted, and finally, made an ani mated and eloquent appeal to the Jury, to compensate, as much as damages could compensate, the plaintiff, for the injories which he and his helpless infant family had sustained. The witnesses were then called, and ten letters from the Colonel were put in and read. Mr. Taunton, in a powerful speech, denied that the act of adultery had been proved ; hut even if it had, concluded that the plaintiti had but little fCISOII to NATIONAL REGISTER complain of the loss which he had sustained, as Mrs. Waterhouse had proved herself to be the most aban doned of her sex, by making the first advance to Colonel Berkeley, who would have been more or less than a man if lie had not fallen beneath the influence of her paSsion. Ho then read the letters of the lady, the first two of which were in a disguised hand, and the last two written in her own naturol character. Those letters exhibited a ixtitiftil picture of the mind of a wout.in who had fallen from di it purity and virtue which const:tute the greatest ornament of her sex. Mr. Jervis made an admiribre reply, commenting upon the bLISCUPSS of the dcftolant in betraying the secrets of her whom he had destroyed, and insinuating that the letters attributed to her had been fabricated. Mr. Justice Park summtd up the ca.ic with perspi cuity and impartially; and, at twelve o'clock at night, the Jury found a verdict for the plaintiff—Dainagvs, ONE THOUSAND POUNDS. Costs, 40c. SOMERTSE C. IDOE ON DEMISE OP EMERY, V. STUCKEY AND OTHERS. This was an action brought be assigneeA, to reenter from defendants certain premises held by them, by virtue of a mortgage grained by Gibbs, a bankrupt, to secure to defendants (who are bankers) a balance of 35001. due to them on a banking account, on the plea that there were usurious charges in the said banking account, which rendered the mortgage 111111 and void, under the statute of 12th Anne, cap. 16.—The banking ac count' between Gibbs and the defendants, the balance of which is the consideration of the mortgage give' , by the bank riipt to them, commenced in October, 1808, and continued clown to the date of the mortgage in May, 1817. The animal balances were struck agreeably to the usage of bankers, but the balance of each year's account was carried on to the succeeding year, so that the banking business between Gibbs and defendants, during • the whole of this period, (bans only one account. The charge of usury was attempted to be proved by the defen dants having charged ss. per cent. on all sums paid or received by them u,AUCCOIIIII of Gibbs, besides an interest of 5 per cent. on the balances against Gibbs, whose account was always overdrawn. Gibbs proved the terms, objected to the commission, but continued the account, and agreed to the balance when the mortgage was given. Cross-examined.—Did not know what his estate would pay as a dividend, none being made. What would be paid depended on the establishing this cause. Mr. Willis, accountant, allow'', proved that he had made up the account, and that the excess of interest charged on advances was equal, on the whole of the payments, in the year 1814, to 7s. 9d. per cent.; in 1815, to 12s. Oild. per cent.; in 1816 (after allowing bi. on London and Bristol payments) to 178. 1031. per cent.; in 1817 (after ss. allowed as before), to .3s. and 61J. per cent. That drafts on London at 35 days, 40 days, and 75 days after date, were charged as cash in the pass- • book ; three of inch drafts amounted together to 33001. and no rebate of interest was allowed its the interest account. That on the returned bills there was a specific i charge fur interest, commissloo, and postage. Judge—what does your calculation comprehend ? Answer.—lnterest on sums advanced, explained runt the pass-lrook. • Judge.—He is not keeping that account as a banket's account ought to be kept, it is not made up as is usual with bankers, therefore all Willis says goes fur nothing; the pass-hooknot beir proof enough. Mr. Serjeant Pell, for r the defendants, contended that the charges were justified by the nature of the account, and that bankers were fairly entitled to be remunerated for their risk, trouble, and expense. kle held himself responsible for the course of defence he should adopt, 01111 he would go on the merits of the case. Mr. J. Manningford, banker, Bristol, proved h usual for a! l country bankers to charge a commission; he knew of no exception, unless a cash balance is lett as a compensation; and if the mouth agreed to be left is lessened, it is usual to pay , interest on the sun: reduced, as on a loan. Some bankers charge a specific sum for commission. Ha , ' examined Gibbs's account; the charges were insidficieta for the trouble. The defend ants were fairly entitled to one ball per cent. ott the whole account, amounting to 5271. 9s. 2d. they had charged only 5101. 10s. Mr. Biggs, late clerk to the firm of Tuflin and Co. hankers, Bitstol, had examined Gibbs's account.— Tutfin and Co. would have charged 6701. and it is a fair charge, according to their mode of doing business They charge a commision equal to sixty days,'for the trouble of sending home local notes and remote bills, and thirty days on any other bills. • Mr- Serjeant Pell.—The Chancellor has lately de cided that 15s. per cent, is not objectionable,• and be allowed it. Judge.—The deed has a retrospective operation, and aflects the previous t.ansaction. In this case there is not a title of colour for usury. There was nothing to affect the character of so honourable a honse.—Praintiff nonsuited. LONDON SESSIONS. Oa Monday these sessions commenced before the Right Hou. the Lord Mayor, &c. &c. Ot:Taactmus Assaw.T.-1-tenry Nash, the driver of a coal waggon, was tried upon an indictment for having committed a most waut.m, and outrageous assault open Mr. 11. Brownet. _ _ The prosecutor stated, that on the Slst of January last he was going down Wood-street in a chaise with his daughter, when lie wax met by the waggon driven by the defendant. There was not sufficient town for hint to pass, as the waggon was a vely wide one. The prosecutor begged hint for God's sake to stop his waggon, for if lie did nut he would kill both Mins, If and his child. 'Flue defendant only laughed at this request, and drove his horses forward without paying the slightest attention to the outcries and supplications of the prosecutor, when the si heel of the waggon got locked in that of the chaise, which it dragged hock, threw the horse down, and shag ged it ou the ground, chaise and all, fog mote than tire yards. The feet of the horse gut nutter the waggon, and had the horses sot been stopped, the horse, Chaise, him self, and child, must inevitably have been crushed. The defendant's waggon was stopped by another waggoner, who perceived the perilous bitliatioll of (1w prosecutor. Two other witnesses corroborated the statement of the prosecutor. 'File Jury hnmediately found Me prisoner guilty. The conrt said, they felt themselves bound to prote c t the 6iie flout the wan on brutality of those who had the management of horses in our streets, and they should always; punish their misconduct with severity. Tile pri soner woe: SVlttel:Ced to be imprisoned fur six mouths in the 6 - divot . ..street tompter. John Oman was indicted for having assaulted an aged Jew, named Cohen Jacobs. _ The prosecutor, %vim is a Jew pedlar, of most patrier cbs stated, that oa the 15Ih of February he Mai going near Duke's-place ; he was met by the defend tint, who ridiculed his long beard, sold it was unbecom ing, and abused him tia not shaving. Notwithstanding his endeavours to avoid the defendant, lie still continued to persecute him, lint having his box on his bark, he could not get oat of the way, and at length he hit him on the head, and seizing him by the beard, plucked out a lingdful, when the arrival of an officer prevented further violence. The jury found the defendant guilty, when tJt court allowed him to speak to the prosecutor, which having done satisfactorily, they fined WWI Is. Two men named Chick and Bridgman, were con victed of having had burglations implements in their possession, with latent to robla house near Aldo matibetry, mid were sentenced to be imprisoned fur tour mouths iu the house of correction. MIDDLESEX. ' Richard Burnell was indicted for obtaining money on false pretences from Mat dm Harlington. Mr. Alley opened the case for the prosecution with great force; he described the prisoner as a person who balloted the prisons fur the purpose of obtaining money from the unfortunate, by preteuding to give them legal assistance. Martha Harrington proved that site had lodged at Mr. James Thompson's, in Davies-street, Berkley-square ; that site left her lodgings in debt .241.; that site sent oc casionally small sums to Mr. 'lllompson, in payment, till she reduced the debt to 111. 10s. when becoming distressed, she sent Win a message, that she was unable to continue her payments, but would pay the balance adrenever it would be in her power. She was soon after confined fur debt in Whitecruss.street prison, where she fist saw the prisoner, who was in the habit of coming to the prison fur the purpose of giving legal advice and assistance to the prisoners. Soon oiler her leaviug the prison she met the prisoner in the street, who told her that he was employed by lv.r. Thompson to sue her for Igl. He called at her lodgings next morning. when site sliewed him an account of her payments to Mr. Thompson, by which it appeared that the balance was 111. las. He took the account witlt hiin and retitrord the next day, and said he had spew eil it to Mr. Thompson, and said that it was correct, and that Alr. Thompson had directed him to sue her for the amount. Ta prevent being sued, the prose. unix gas e the prisoner her promissory note for toe debt, anti ZAN. cos,, which she piomiseo to pay by inst.illinents. Thn pi isomer called at ddrerent times after lir the payments. ou which eecasiofis, be received from her foul fillt• pound notes and shillings.—W hen the prosecutri a found that the prisoner had not been employed by Mr. Thomp,oii, she employed un attorney to indict tom; after which he culled on her, and offered to return thc 41. 10s. and to pay the expences, whicie she refused. James Thompson corroborated the prwecuti ix as to her leaving his house iu deli', and declared positively, that he never did employ him, and that he had so high au opinion of the prosecutrix, that he a mild not sue,her on any account. The prisoner, after the piosecution was commenced, tittered him to pay the 41. 10, and all expence,i. In the defence, two usiutesses acre c illed to prove that Mr. Thompson had said that he hail employed the prisouet to recover payment from the prosecutrix. The Jury after a short consultation, found the pristine& Guilty. The Chairman in pa , sing sentence, told the prisoner it had been in the consideration of the Ileocli to send him out .a• the country, tint they hoped a milder punishment might be sullieient.—Twelve months' imprisonment. DIScUaItGING IN Tim STREIT.--Joito Lloyd a glass-cutter in Ogle-street, St. alary-le•boute, strata indicted tor firing a loadeilvistol at the head of Jas. Barnes, by which he was SO Gel'illU•ly w ounded that he was confined in the Middlesex hospital 1111 twit Wollihs. The Jury after a short deliberation, returned a verdict of Guilty. The Bench then consulted, and the Chairman wineneerl the prisoner to pay a fine of 501. A watchman of St. Nlariin's was indicted for com mitting a gross assault on a young man, named George Gooding. The prosecutor was at a public-house its Long-acre which place he left in company with a friend a little before twelve 'cluck. On going into the s.. Feet, the defendant asked him to treat him, which he refused, and was going away, but was followed by the watch. man, who, on commit up, struck him a violet,' blow with a stick, and took him and his friend to the watch. Next day, at Bow -street, he charged him with attempting to commit burglary, bat the magistrate nut findiag any such charge in the charge book, dismissed the complaint.—Guilty. The Court in very strong language, reprehended the watchman for the impropriety of his conduct, observing, that when the very persons who are appointed to keep the peace, and preserve the tranquillity of such as might he out at night on their lawful business, were the first lu disturb the peace themselves, there c..iild be no safely for any mats. Ile was theta sentenced to three months imprisonment its the House of Correction. OLD BAILEY. WEDNESDAY, AWFUL I I.—Dennis Sheeley was in. dieted for maliciously cutting and stabbing Bartholomew Lucca, with intent to murder hilts. There were other counts in the indictment, charging him with latent to do him bodily harm, am. The jury returned a verdict of not guilty. CASE Of BIGAMY.—David Douglas, a young man a genteel appearance, was indicted for maliciously inter marrying with Mary Elisabeth Ward, his lawful wile Sarah being alive.