The National Register. — London, England, 1818-11-29 00:00:00

LAW INTELLIGENCE. COTT kIT OF KING'S BENCH, ToEsoAv, N0r.23. ivoomEsTi. r. Soarlett moved the judgment of the. Court on I'. Gill, end It. Henry. convicted befori! the Cliia,ltisiice at Cwii GM Appealed in Cmirt, bat I leery slid not. He was therefore culled MI his recorni7anee, and nut appearing, his ►ecog • trii:u►ce was dealaieil _ _ . Mr. liurary sii,l he had now, on the part of Gill, to move an sorest of jodement. The defendants had been charged conspii log to obtain from Messrs. Hollands, the opti cians, and Messrs. Hai kis and Bell, certain large sums of vamoney. On the record, the defendants were charged with *tempting; by divers fake plcteutes, and suletle oceans and devices, to defraud, e:t. not stating what any of these subtle means and devices, ;111(1 disers false preionces, were; and •Ithpreby pottiog the defendants in a situation to ausss ct. the charge brought against them, which in the present instance they could not do, inasmuch as they were kept ignorant or the mature of the charge. He theretere submitted, that s pun -this record, the Judgment could nut be sustained, but must be en rated. The Chief Justice said, in his opinion, this indictment was sufficiently specific to support the charge and conviction. The defendants were charged with conspiring to obtain and acquire front one I'. Holland and G. Holland and others, ter_ .fain large sums of money. 'the charge was the conspiracy, and the means of carrying that conspiracy into effect. The indictment would have been perfect, even if the words al !titled to had been omitted altogether. Mr. Justice Bayley and Mr. Justice Holroyd agreed fully fei this opinion ; and the motion of Mr. Gamey, inarrest of judgment, was negatis ed. The Court, otter hearing Mr. Gurney, in mitigation, stir.acd Scot lilt, in support of the prosecution, sentenced the defendant to be imprisoned in the King's Bench fur nine ' wont ha. Mr. Marryatt prayed the judgment of the Court on T. Mouton, convicted of a misdemeanour, in making a dash, or blaze, on the sea coast, during the night, as a signal to a smuggling antler out at sea. Mr. Gaselee moved the judgment of the Court on A. Serle, J. Coukc, and A. Driver, convicted of similar offences. The Court sentenced each of the defendants to be impri• toned in the House of Correction, the first at Lewes and the Circe bitter at Exeter, for six mouths ; and during that period to be kept to hard labour. B. Corbin was next bronglit np to receive judgment, con victed of interfering to rescue a smuggler from the custody of one of his lajesty's naval-officers at Hastings. The de fendant put in an affidavit, in which he stated, that on the day in question, he was walking on the high road near Plastings, when he saw a naval officer, at a small distance frown him. with a cutlass in one hand and pistol in the other, and beating all old man with th'• cutlass. On drawing near the spot, lie perceived the old ut.ut was his fistlier; and on making this discovery, he went up to endeavour to rescue him: and for so doing lie was appieliended and committed to Hastings gaol, wheie he continued for ten weeks, when he was bailed nut ; and further, that whilst he was in the prison, the apartment in vs 'deli he was, was so mulch infested with rats, that 'bey' very frequently, lint withstanding his efforts to prevent them, devoured his victual•. And he verily believed, that had it not been for the protection of a dog, which lie got Mtn the prison with hint, tney %%Instil, during the night, and whilst he slept, have de voured his flesh. Ile solemnly demi it that he had ev.•r been concerned in any smuggling transac tion, and had been induced to do %kat he had done, in de. fence of his father. The affidavits of several respectable inhabitants of Hastings were read. giving the defendant a good character fur indus try and sobs iety . The Court ordered that he should he discharged oa hi. own recognizance, to appear when called on to do so. Their Lordships also duetted that some inquiry slionld take place, as to the state of the prison at Hastings. Mr. hlairyatt then prayed the judgment of the Court on J. Smith, convicted of assaulting and obstructing the Revenne officers in the discharge of their duty, and seizing some smuggled spirits on the beach at Deal.—He was sentenced to Ilia months imprisonment in the county gaol at Nfaidatunc. 3. Gibbs, N. Wade, and another, were then brought up to receive the judgment of the Conrt,for having rescued a !Mal seized by the Custom Howse officers. Mr. Gaselee said, lie was to have moved the judgment of the Court on the dctend.iiits, but outing to their having since their conviction e•aru led themselves, at the peril of their own lives, to save sonic of the odiceis when in great danger of drowning, he was instructed to consent to their being berated ou their own itreognizances which wa s Accor d ing l y done. W EUNESDA Y. Mr.Searlett moved for a rule to show canse why a criminal inforimition should nut be tiled against Thumas and Richard Abbotts (styling themselves the Commercial Wine Company), on affidavit., which disclosed in substance, that the delete• dints being Nine-merchants, and well knowing the value of Wine, had prevailed ton and conspired with certain needy. D •rsons to obtain wine MI credit, and then purchase it of them au little more than half price. The affidavit of Wrench, a b aika iipt, stated, that being dish essed for ready money, tb • defendants had coins and cdfervil lum rt 11. for wines which .]tai been charged to him at 1301. o the 2:011 of May, ISt 7, issidig again pressed for cash, he ealtr•l on them, and after t.tey had talked of hut ttttt r and inviolable secrecy in their tz, insd ethms, they advanced him about half the value ut a few d oze ," o f wine, paying 11411 of the price in shuts. In July the same persuil &Wattled from Alessis. Milked and Co, respecialole ittereliant.r , tott alreen of wine, for which he was charged 3.51. The Abbotts gays hint 261. fur the tut. The aealof Halkeil was on the corks, - so flat the Abbotts knew v e ry well front whom it came. 'Flury afterwards asked him if he had any wine in the docks ? lie replied, uu : lint I.e knew where to get sonie, and accorditegly bought a pipe oit credit fur SI. exclusive of the duty. He asked th em to g„ to the duck to taste it ; they refused. saying it was contrary t r Ihcir Clabildentall Nay of doing business; but they sent 4 bay to bring a sample, and when it ram: they g:IVC the de p•onent 211. in ready money, for the pipe. In Sept. 1817, t •ey seat deponent a letter to ask if he had any Cape wine. He had hone, but immured three pipes oil coedit, and melt tioned of whom; ahoy. said they required no sample, for they k ilt .... the. %%me. The pa ice charged toy the seller, ?Simpson, to deponent wa ; the Abbotts gat e hien 361. There were a number of other aedances of the same description ; and, to about • ni Pat to the 'tint of I okial. had passed tin °No in, di well hp. hand., ''or which hr had re ceived ItO first toe, hilts, *twit; he had um hint, and that he had it THE NATIONAL REGISTER nu credit. His credit being impaired. the!. objected to deal with him by his own name ; *arm w h ich be ilivealed • ficti liven u;:e, and in that they aecepted ids statement: were confirmed by carnival ison with the dock accounts.—Rule to show . Cllllle granted. Mr. liaselee noosed fora habeas corpus, to bring lip a gen tleman confined in Winchester gaol under the following eir envestances :—There being a great tumult round his houses ou the (occasion of a lido-vest home, and actual danger that his house would be attacked by a moh, he went out, and fired a blondes buss loaded with powder, in the air ; on his going out to tire it a second time, the bl lerbuss 'mist and shattered his hand, hut no other person was hurt. In consequence of his having refused to quit the neighbourhood. a person lied held him to bail nailer Lord Elleothorongle's Act, for firing wills intent to kill ; and be was committed to prisou.—The Court granted a writ. THE KING V. THE JUSTICES OF OXFORDCHIRE.-(CORONERS.) Mr. Jervis showed comic why the Justices shoold not al low Mr. Cecil, the coroner. his expenses on renal-Meg home flour an inquest. The question turned on the words of the 25th Geo. c. 9. a. 1 , a hurls allows ninrpence a stile to co roners, for travelling from the wised place of abode to take each imptisition." The learned counsel contended, that under these words, the expenses were limited to the coroner on going out. The allots:nice on returning home had never been al lowed in Oxfordshire. Mr. Taunton, for the coroner, evened that the object of the legislature was to indemnify the officer; and it could not be meant that he should be paid out, and left to find his way home as he could. "To take the inquisition," only meant that lie should not be paid If he travelled for any oilier pm. pose. Mr Justice Bayley said, that long since the Act passed. fif teen pence a mile was the whole charge for four horses. That was before the ditties were imposed. Chief Justice Abbott observed, that chaises scarcely ex isted in those time, and nine.pence a mile was sufficient to go and return, if the coroner travelled on horseback. He thought the constrnetion put on the Act by the justices was the right construction. Rafe discharged with costs. THURSDAY. ALLEGED MURDER IN A CONVICT slur. Mr. Rolland prayed that Captain Drake, who was brought ap by tial'eas Corpus from Maidstone-gaol, might be admit ted to bail in a case of nuirder. The Attoruey General desired that the affidavits on both sides might be then read. 'these affidavits, which were very lnng and nnmerons, at well as the informations taken before Mr. Carter, the Magis trate at Greenwich, disclosed in substance the fullowing cir cumstances —The ship Chapman sailed from Cork with con victs for New South. Wales, in Match, 1517. Every thing went on well till the ship arrived at St. Jago, when there was a slight quarrel between some of the convicts and the soll. fliers. At this time it seemed that * convict of the name of Collins (whether from a view to procure himself his liberty, or from what motive did not appear), heel persuaded the officers end the doctor of the ship, that there existed among the convicts a conspiracy to rise upon the crew and take the ship. The officers, impressed wills the truth of this story, on the night of the 17th. of April, after the convicts had gone to bed, and had been fastened flown by the chain cable being placed upon the scuttles, caused the crew to fire down upon the consicts,which was done fur two hours, according to some of the affidavits; for only one, according to others. Three of the convicts were killed and a great molly wounded : the? lay groailioz and crying out fur the doctor all night, but no body 4'.6111C to them till near nine .''cluck the next morning. The doctor then told them that it was all their own faults, for they had conspired to rise on the crew; this they all solemnly detied• They were afterwards brought up to the hatchway, and examined on their kites., as to this supposed conspiracy, particularly as to a saw and turnserew uhich they were supposed to have secreted. They all denied the conspiracy, and on their births being searched, oohing was fonuil but a few nails and a file. After this, the convicts were treated with great harshness ; several floggings took place, and one man had a bayonet run into him because lie cried out while some fetters were rivetted on his leg with red hot rivets. The convicts were repeatedly threatened with death ; and on the night of the 22.1 of April, after they had retired to bed, and been fastened dewn as before, a second firing on them took place from all parts of the ship, awl lasted nearly two hours. Another was killed, and se veral more woumded, and no as%istanee afforded till the next morning. On the 21th of June, four or five of the convicts were chained into the jolly boat, and one of them shot ; another was put in the long boat, where he died in four days. All the affidavits asserted that there had been no conspiracy whatever, nor any resistance, or the slightest 'appearance of resistance, either before the first tiring, beta reit that and the second firing, after that filing, or during any part of the voyage. The crew had been !maid to speak of Collins as the saviour of the ship ; and alter the 17th of April, the convicts had been treated on all oreasionti with the must relentless severity. The affidavits of several soldiers on board the ship stated, that the firings did mot continue above 10 minute% or a (ratter of an hour; according to some. slot more than five or six minutes ; that a belief heel been ge nerally entertained among the crew that the convicts in tended to rise ; that before the fi: big commenced a disturbance was heard among the pris o ners below, and an alarm given that they %%VIP 1 / 1 1tAk illg Incise. 011 the oilier hand, the atfidas it of one of the convicts meted, that lie had overheard Clements and Baxter, two of the crew, agscr to give an alarm, in toiler that the tiring might commence. 'rite affidavit of the Captain Maim!, that the convicts wcue 200 in her ; that he was informed by his mate and cren that they were of a most riotime disposition ; that on the nights of the firing they had atieinpleil to bleak the locks of their prison, and had been heard by :ant to say that it nes a bad jute they hail all been found out , but that, though they failed thee, they would try another 'intr. lie had received the must distinct info' ination from Collins, that there .Ets a regular organised conspit cry to take the stein. Tile f;.ings took place without any older from the officers, there being a great alisturbance below, and the crew erode out th.st the prl centers were rising upon them. tiring had been slopped solely by the exertion. , of the offiects ; for the crew nese exasperated to the la,t degree, having r stood they were all to be pun to dent h. his affidavit Int titer 'fated, that be had given ito orders whatever for the drools of the ettavict %slit) was shot to the jolly boat. Tihrtr. were several other iittiihvits in --(mot/oration of the captain's: they *ailed, that t!:ei e was panic among the clew that the firiug I,ad I'l , lllllle Ile ed white the captain was his caain, without his triflers, and even contrail to them; that. NOY F.P9 all the exertions of the offirers had oren navieLse to ►top the firing in less than t.•n minntes or a gesirter of au hour. Chief. Justice Abbott.—Mr. Assures General, all the *llea gaiiotis have keen r' ad upon which the prisoner was com mitted, and Annie on his behalf; the Court thinks that Ibis is a cane m whirls the prisoner should lie allowed to gibe bail; of cotirse it will be ascertained that the bail are sofficient. 'f he Attorney Gi.neral said, there was no objection to the bail, who were then sworn ; Mr. Lee, ship builder, and Messrs. Chapman. merchants, of tint /USA L I.T.— Belinda Tantre, Thomas Rountree, Joseph Parish, and George Carron, were called en for judgment, liar ins( pleaded guilty, by their counsel's sdrice, to an indict. meat for an assault on Lady Culebrooke and her grand daugh ters in August last. Mr. oiir"ney said, lie forbore to pray judgment against Be linda Tea& ; and as Carroll did not appear, and his conduct was less blameable than that of the other, he should say nothing as to him. He then stated the particulars attic case. The two young ladies were un a visit to their grandmother, and in her custody, when the mother tried to take them flora her by en application to the Court of King's Bench ; and that tidies:. had recourse to violence. And what account did Mr. Boultbee give ? —that he was a merchant and a gentleman; and yet he came on an appointment only one day old, to mite an attack on four helpless females, with treasons who were not known to him—a waterman and a prize fighter; pretty company for a gentleman to join himself to, in such an enter prise! Ilse prize tighter, too, had pistols; and though it was stated that they were not loaded, they might have been for aught Mr. Boultbra knew. He funned, by his own account, that they ladies were unwilling to feat e their grandenue Cher, but he still continued to act as director and costume:der. When Parish endeavoured to drag the young ladies out of the carriage, and the footman interfered to prevent him, " Knock that fellow down," was the language of this gentle. man, who, by Isis own account, was endeavouring to prevent all violence. Tin* was the language lie held to a prize fighter ; anal then he sent sway, Hecording to his own account, the persons who were assembled to take Mrs. 'faaffe's part. It was impossible to believe this. All the other affidavits were to the contrary, and said that the by-standers cried out shame for such an attack on an old lads/. He then desired them to go away; it was probably because they did nut stn go away diet this 4..dort of the defend:ads proved unsuccessful. Mr. Botoltbee said, that he had gone into the carriage at lady Colebrooke's request ; but the footman said it was at Mrs. 'Fertile's; that she had in fact resigned it herself, and disclaimed any right to cell her carriage her own. Such au outrage as this, in the open day, was disgraceful to the country in which it happened ; but it would be .ll more so, if the author of it was set at large upon giving security, because that he said that lie felt some contrition. And what sort of contrition was this?—such as persons often felt when they were before the Court, who never l'ett it on any other occasion. The conduct of a gentleman, who could jnin with a Waterman and a prize fighter, upon such an occasion, was not to be distinguished from that of any unprincipled ruffian. The prosecutors wean actuated by no vindictive fueliegs ; hid they wished to show, that an outrage should not be cominitted with impunity on the persons of unprotected timales. Mr. Justice Bayley, in passing sentence, said, that the pd. sone** . offence was one of au aggravated nature, and such as, fortunately fur the police of the country, rarely occurred—a systematic plate to way-lay *carriage, in w hick there was one female So years old, and three others under 20 ; and this was said to be in aid of Belinda Taaffe, mother of two of the young ladies, iu order that she might hive an opportunity of seeing them. The defendant Parish was not any servant of Mts. Taatfe's, 'tor any commotion of hers ; and the only account given of Lion was, that lie was a prize-fighter, 41111 had pistols in his trueket, though it was said they were not loaded. lie !tad not 'mon with Boultbee po /or to the assault in ques tion. Butiltheee account was, that he was most reluctautly prevailed on by Mrs. Taatit., to assist her in an attempt to see het childreu, autl protect her from the pottage of Letly Cole bsooke's footman. Did he usake any inquiry before lie en gaged in such 4111111derlakillg? Dili he nut know that if they were detained against their will, and wrongfully, the law would protect them by a Habeas Corpus ? Or did he trust implicitly to Mrs. Tato& ? His affidavit dial not state that he had nut full kilos% ledge of all these circumstances. How ev el , lie was °vet come by M rs. 'f gaffe's importunity ; and he then met her by appointment on Hampsteati.heath— not to go to Lady Colelitookr's house—and he saw (what would hair opened the eyes of any reffectiag person) two men with Mis. one of them having pistols in his pocket, though not loaded. Instead of remonstrating, he placed himself oil a hackney-coach. Lady Colebrooke's carriage Caine in view when the carriage whirl. Bunlthee was seated so conducted itself as taunt/lett ly In obstruct the way. If hr lied only wished that Mts. l'aaffe should speak with her danglitt they might base done without violence. Bat what was the ca-e The dotes were ° f retted, and an endeavour made so feree the young women out. A %entertain, a pi ize-figlitt r, end two other 1111'11 attacking one WUIII4II of eight) and three snider twenty. Mr. Ilenlibee stated, that seeing the )011N: women not so Willi:ig tat join their mother 113 lie had been 14. d to expect, lie Jest' oil Its companions to cease t by which I:C 11411 :41/.11111 vll, that 410%1111 to 11141 tim e llt s had acted w ish outrage. Did he then quit that• vantage moil Ease Lath Col.. brooke to return intioniested No! lie anal Mi.. 'fax& pi, • corded in the cart 'age to London, insisting on Mrs. 'faade's right to have. the children. Mr. Booth bee took ertalit that he had prevented the crowd hoist increasing the anuoyau• e :0 Lady Colidnooke. liut iii what a siiiietien t l ie I aye placed that lady, when, titan the impetuosity or a v w iiiii an, lie hail thaws, twili t hi 1 the indi 4 siation tat a crowd Ile had stated the circumstances ale most larnurahle manner, and aerorilinit to Mr. It•iiiltbetos affidavit. The affidavit. o n the oilier side gave a omit lo worse t iew of the ease, lit. ' a kat hinsself must nnyostitialily and imp ink nth toe Wlllll4 who Was not a cool jmige ill w lost she was about to du ; he Thad lent ',Outwit' to an outrage, such as forielietel% Was 11l frequent. Conti would nut do its dilly, it it did nut protect others front 4 S. ; 111111 baud ft pimislinient might tonnes , it was must requisite that bend.' 111411 4Cltati oil such he SIIOIII.I think. Tile Ciilll3 luctrture '4.11111111 'WWI 11.. e to four calendar in• pi isiinment in the cieatoly of the Marshal of the Marshall/a a, to filet see Ili it% for good behaviour, to pay a tine of lUJt, and be further imprisoned till it was 1141 d. COURT OF tONIION Nov. 23. ASsIGNEIVI UF WRIGHT V. GRAHAM. Tlii4 %VMS nn Action agailixt di!. Inlaid for Eriminal con verv4tioss auth the ploolittFa Wile. It wio. Is ird in .Augtn.t, Itllfi, ht.tine the late Chief itt,tott of 'h.. Co. - mon and a vershet gibes tor the ranttitt. vtith ( 1 . - wage, tOi 100111. It happrise.l that the lotainiitl hail to. n them ititltb.utl to the defendant in a e of ..DUI. It I• it.,