The National Register. — London, England, 1821-02-04 00:00:00

LAW INTELLIGENCE. COURT OF RING'S BENCH. WEDNESDAY. JAW. 31. The fringe. Edmonds. Urristiriglit, Wader, and others. Tne Attorney-General this day chewed cause against a Rule for a new trial obtained by the defendants, who appeared in Court, with the exception of W. Greathead Lewis and Maddox. Mr. Justice Best then read the report of the trial, and the subsequent proccedihgs of the defendants to chal lenge the array of the special Jury, on the ground that the Master of the Crows Office had omitted to summon Mr. Samuel Pcach, who ought to have been one of the Jurors. The Attorney-General contended upon the first point, namely, the refusal of the Learned Judge to allow the challenge, that there wrs no ground for that application. Mr. Denman, in reply, contended that it was impos sible to preserve the right of Trial by Jury, if a Judge had the pawer to deny the privilege of challenging the array. After Mr. Deuman's long and able argument,. the Court held it too late to proceed further in the cause this day, and they ordered it to come on again at Monday next. THURSDAY, FEI. I. The Kiug v. Tyter. The defendant appeared to receive the judgment of the Court, having been convicted of publishing Paine's Age of Reason. Mr. Gurney was heard in support of the prosecution, but the Court deferred its judgment to Wednesday next. The King v. Sir E. Burdett. This cause came on again by appointment. It ex cited considerable interest, and the Court was crowded at au early hour. Sir F. Burdett, Lord Lowther, Sir R. Wilson, Mr. Hobhouse, and several other persons or distinction were in Court. . . . The Attorney General prayed the judgment of the Court. Mr. Scarlett observed, that the judgemeat of the late decision of the Court and the Public feeling were so much at variance that he had to propose to the Attorney General to give the defendant an opportunity of havina the judgment reviewed by consenting to have the case argued de nom. l'he Attorney General refused his assent, and com plained that the suggestion had not beets made to him in private. Mr. Scarlett replied. with some asperity, that such a line of conduct would have been a want of respect to the Court, and proceeded to move an arrest of judgment, on the ground that it did not appear that the words of the libel applied to the facts winch had agitated the public mind. The words lioroughmongers did not mean the government of the realm, nor were tloody 141 eras words which could apply . to the government. — After a long and able argument tit support of his appli cation, the Court stated that they could not attend any longer to the motion this day, and further proceedings were postponed to Saturday. FRIDAY, FEB. I. VAII,E V. VAN DYE.. This was an action of assunipsit for the breach of a marriage promise, the declaration alleging, that in con sideration of the plaintiff's having promised to marry the defendant, he promised to marry her in a short time. Mr. Jessopp (with whom was Mr. Kook) opened the case with great feeling. The case proved in evidence was in substance this:— The plaintiff was a young lady aged eighteen, of pre possessing appearance, the daughter of a lady who kept a boarding and lodging house in Nelson-square, Black friars-road ; and the.oefentlant was 3 young gentleman aged twenty-four, a ;wive of Demerara, in the West Indies, and the son of a widow lady residing in that Island. In the early part of the month of April last year the defendant, who had been sent over to this country to study the profession of medicine, and then living upon an allowance made him by his mother, was taken to the house of the plaintiff's mother, by one of her boarders, on a visit. lie was immediately smitten with the appeaance of the plaintiff, and a warm attach ment was the consequence. His attentions became so marked, that the mother was desirous of a declaration of his intentions, and she took occasion to write him a let tor with that slew. On the 26th of April he answered the letter, declaring that his intentions were honourable, and desired permission to tender his addresses to the pliiiiitifl, and at the same time soliciting her good offices with the daughter hi his favour. Accordingly he was received as the as owed suitor of the young lady, and be cause her constant visitor, anal to all appearance was an ardent lover. The promise of marriage relied upon was a declaration of the defendant's to a friend of his, who took occasion to remark upon some familiarities which passed between the delenuatit and the plaintiff, in the presence of other persons, when he said, " Why, every body iii the house knows that I am shortly mite married to her." The defendant continued his tender auditions to the plaintiff mail the begonaing cilium., when, idler a discontinuance of his visits for two or three days, the young lady, feeling an anxiety on that accoutit, wrot e him a letter upon the subject, to which lie sent an an swer on the 3d of June, which was rather cold in its terms, and concluding with these words, " If it is fine, I will call over in the evening," language which, the Chief Justice remarked, was sufficiently indicative of a change to his StlititilelllS, for, otherwise, a lover, at Isis age, would not care much about the weather. However, on the sth of June, all doubt upon the subject was cleared up, for, on that day, he wrote a letter to the mother, d tali nctly avowing his intention of discontinuing his visits to the daughter in future, assigning as his rea son for breaking off tne match, that his own family and friends never could be brought to consent to the mar riage. The whole period of the courtship was little snore than a month, and, in a very short time after this declaration, an action was brought agaMst the defendant fur the bleach of promise of Mal Flaw. THE NATIONAL BGISTERR Mr. Matryatt addressed the Jury ens behalf of the defendant, and contended, thst supposing the allegations in the declaration were sasisfactorily made out, it was a case in which the plaintiff could not sustain a claim to damages. No witnesses were called, nor was the slight est attempt made to impeach the character of the The Chief Justice in his charge to the Jury, made a great many sensible remarks on the circumstances of the case, observing upon the question of damages, that the Jury would take into consideration, the circumstances of the young lady's mother giving her consent to the courtship without previously informing herself, whether it wos made with theeoncurrence and al:probation of the defendant's family and friends. The Jury would give such temperate damages as the facts of the case seemed to warrant in their view of its justice. The Jury found a verdict for the plaintiff—Damages 1001,, Volice. -ow- HO W.STR EET. SINGULAR DEPRAVITY IN A YOUTH. — OII Wed nesday a buy, named William Lake, only 12 years of age, was brought up in the custody of Nicholls, the " conductor, charged with stealing a gold watch and ap pendages, the property of Mr. Stewart. Mr. Stewart, it appeared, is a lodger its the house of Mrs. Dodd, in Nord !Kirland Street, Strand, and the prisoner was a footboy there. Ott Tuesday evening, that gentleman on going to bed left his watch hanging over the mantle-piece its the drawing -route, and when he went to look for it the tiext 'routing it was gone.— He asked the prisoner if he knew any thing about the watch, and he said, with much seeming nariete,— " Dear me, Mr. Stewart, have you lost your watch? It is very odd—hut I can assure, upon toy honour, I know nothing about it." Mr. Stewart said it was a most ex traordinary circumstance, and the prisoner rebut that nobody went out of the house that morning but Mary's (meaning the maid servant) brother, who had paid his sister au early visit, and added many remarks, the drift of which was, that no one but this boy could have taken the watch. Nicholls was sent for, and he went to the main servant's parents, where he saw her brother, and questioned him, but was convinced, from his manner, that he knew nothing of the robbery. He then went to the prisoners' mother's lodgings, and ques tioned her, but she denied all knowledge of the watch, or of any other property. The officer, however, saw a valuable portrait act in gold. hanging ou the mantle p_iece, and guessing that it might have come from Mrs. Dodd's, he took it away, and it proved to belong to Mr. Stewart, who had missed it for some time. The officer when he returned to Mrs. Dodd's shewed him NI r. Stewart's portrait, upon which lie fell upon his kness, and begging for mercy said, he would tell where the watch was if forgiveness was promised to lihn. A promise was made, and he conducted the officer in a cellar, where the W..11;:!1 was found. He confessed in the coarse of convers.niou that he took the watch while Mary's brother was in the house, in the hope that suspicion would fall upon hint. Ile was brought here in custody, hut Mr. Stewart being uttwilling to prosecute, he sv..s discharged, with 311 admonition. The discovery that had been mode however induced Mrs. Dodd to examine her plate, &c. and she missed five or six silver spoons, a gold broach set in pearls, anti other articles of value. Nicholls went again on Friday to the prisoner's mother, who the mun.ent she saw him, said " I know what you are come.ffir," and gave hint a silver spoon, which she declared she loond in hvr son's pocket, when he came after been discharged. The officer took the young del:nquent and the mother into custody. The silver spoon was one of them missed by Mrs. Dodd; and Nicholls its consequence of some thing that fell from the boy, searched a tub in which Mrs. Dodirs servants threw broken victuals, and found there another of the spoons. The mother, it appeared, was in the habit of fetch ing away the contents of this tub for her pigs. The boy was fully committed for trial, and the ma ther was discharged with a severe rebuke from the magistrate, who was of opinion that the evidence would not be sufficient to convict her as the receiver. The Judges met on Thursday morning, and chose their respective Spring Circuits as tbllows:— Noarm.E—i.old Chief Justice Abbott, and Mr. Baron Graham. itrsi..twn--Loril Chief Justice Dallas, and Mr. Justice Rich ardson. Home—Lord Chief Baron, and Mr. Baron Wood. NORTHERN—Mr. Justice Bayley, and sir. Justice Best. Oironn--Mr. Justice Park, and Mr. Baron Garrow. WESTEMX—Mr. Justice Holroyd, and Mr. Justice Dacron On Monday sennight Mr. John 'Mira, of Norwich was knocked down in Chapel-field, and his poeltet book, containing 16081. in notes, taken trims him.—lt appears that Mr. Thortell was enticed by a fabricated note, on his arrival from London by the day coach, to call on Mr. Bolingbroke, near Chapel-field ; and on his returning a woman accosted hint, whom he did not know, and with whom he walked into Chapel-field, when he was violently struck in the face b y mime person, and knocked down and robbed , his pocket, containing the property, was cut Open, and a wound was inflicted in the right stile, apparently done with a pen-knife. Mr. T. was taken so unawares and so severely struck, that he was stunned, and Isad no power to defend himself. The evening was so extremely dark and fuggy, that he could not distinguish the wonian's face. Mr. T. had taken this sum from Messrs. Leaf and Co. of London, to whom he had bold a large quantity of bombasin goods. It is hoped that as 13 of the 1001. Batik of England notes are inuorsed with Mr. Tliunell's Haute, the ctllains will be detected, - ~iirM,..: HIGHWAY Hoeszer.—On Saturday se'nnight, about half past six o'clock in the eveuing, as Mr. Charles Simpson, of Derby, was returning from As`sborne. he I. was stopped on the turnpike road near the brook between IBowbridge and Mockworth, by three men, who seized his horse's bridle, one of them exclaiming' " D—n you,. now we have you, deliver." Mr. Simpson immediately gave up his bill-case to them, containing eleven one-pound notes, a promisory note for MI., memo randums, &c. One ultimo' said, " You have not given us all," and, proceeding to search him, they further took from him a small empty purse and his watch, and then told hint he might go about his business. Mr. Simpson • made the hest of his way to Derby, and gave notice of of robbery to Mr. James Johnson, at the turnpike house, describing the men as nearly as he could. Mr. Johnson's son Thomas, who lives in the parish of Mar lector), calling soon afterwards at his father's, on his return from Derby, where he had been marketing, was told of the circumstance, and on his way homeward', went into Mr. Mundy's plantation, which adjoins the turnpike road to watch if any suspicious persons came on the road. After waiting some time and feeling him self unwell, he turned towards home, and passing through a field which adjoins Mr. Mundy's park, he observed three men approaching him in a direction leading front a hovel, and, on meeting them, one of then,. said to him," God bless, you, put us into a roud,.fvr we are heitightedand lost." Johnson asked bow they came there, as- there was no road through. the field; on which they said " that they did not know," and told him they were going to Burton, Johnson noticing that the dress of one of them answered to, the description given by Mr. Simpson to his father, and in , the hope of securing their apprehension, told them he could show them two roads, hot one of them bLatig over a commun, they might gee lost, and if they would go with hint near to Derby he would put their, iu the right way; to which they kon semed. He directly led them down 1%.1r. Mundy's park by the side of the plantation, and brought them into the turnpike road leading to Derby, and through the toll gate kept by his father , where he left a basket he had with him, proceeded with them towards Derby, where he intended to get assistance to secure them. About SO yards from the gate he met his father, to whom he said " Mr. Johnson, I have left my basket at your house ; you will take care of it." His father expecting who his com panions were, got a neighbour to accompany him, and followed diem. On arriving at the end of the town. Jainism' said to them, " Now gentlemen, this is the road, you cannot get out ;" and putting them on the Uttoxeter road, and having immediately obtained the necessary assistance at the Wheel Inn, set off in pursuit. They were soon overtaken, when Johnson seized one of :hem, and the other two ran away and got over a fence into a garden adjoining the road, where they were both apprehended. ('he prisoners were con% e)ed tG t h e Wheel 11111, where one of them was identified by Mr. Sampson, but mine of Ms property being found upon them, search was made at the place where they were secured, and the eleven one a pound notes, the promissory mite, and the purse was found on the ground, and the watch was also discovered neat the spot on the following mornitig. A final examination of the prisoners took place on Tuesday, when they were all fully committed for trial at the next Assizes. EXEcOrrosrs.—On Wednesday morning at an early hour the scaffold was erected opposite the debtors'.door, Newgate, and an immense crowd assembled near the spot for the purpose of viewing the awful ceremony of the execution of the live unhappy individuals condemn ed to suffer the sentence of the law. The deepest in-- terest was excited upon this occasion, in consequence of the extreme youth and respectability of some of the parties At about half past seven o'clock the sheriffs', accompanied by the proper officers attended the prison. The sheriffs, &v. proceeded to the press-yard; on enter ing of which they beheld one of the prisoners. Martin a Jew, was sitting upon a form, and agreeably to the practice of his religion, he had suffered his beard to grow to a considerable length ; he was accompanied by two Priests, and they joined each oilier in prayer in the Hebrew tongue. Johnson, a youth about 18 years of age, of prepossessing appearance, was brought in ironed, auil crying. Re was very fervent in his prayer. Reeves was brought in nest; he was resolute at first, but ultimately prayed fervently. He was no more than 18 years of age also. Davies, a vety prepos,essing lad, was next brought in. He was convulsed with grief so I touch, that he was deprived of utterance. He was,oll ly 15 years of age last Pebruary ; but had been guilty of many crimes, although yorilig. He had been before in Newgate on various charges. In consequence of his youth, Ids Case was represented to Lord Siditiouth and Iris ;Maj. sty. Nli. Pollon attended on his Ladsfit i ,, who waj !I grieved that liothilig could be done for the pi noner. The increase of crime among youth sv.is sit very .real, alit! hit Loot:Any having received a num ber of letters, praying him to I.rotect tile public loon the attacks of the daring robbers, he could not possibly interfere further, trostitig the example would have an effect on youths. 'loom, a ling looking young man, of gentlemanly appearance, was next brought in; he was greatly depressed, and after having his irons knocked oil, he told the Sheriffs that he forgave his prosecutors, amid hoped they should die as happy as he shoidd. The prisoners after this were conducted to the seaffold.— 'llsey were all very penitent, 311ticotiducted theutselv<a with great decorum. The ropes being adjusted, the fatal opal was gicell, and they were launched into eternity. They died without a struggle. Jus. White, fur whom a death-warialit had been received by the Sheriffs, and who hail been cm:tit:led of a higliwav robbery in Wardour-street, from SOMA' which were discovered in his favour, .vas repoev,l. Joist before the criminals were turned oil, a VA/Wig, slipped front the parapet of the u ali of the Se•si blouse-yard, and fall:oil on the pat IriCtoßA 1.5 head in a dreadlul manta. lie v. As takcu to the :11.),- 1,1141. •- . _ .--. _ ...1.. ~~~ • _ • . wig .