The National Register. — London, England, 1818-11-08 00:00:00

LAW INTELLIGENCE. COUR I' OF CHANCERY, Tutiomv, Nov. S. - - This t might be toads , de..eriloeol as a house or mourn* g• The eirleeeledy death 1,1 Mir lintoonel spread a I, l ' on us• r all. is Welt it is much esa er to imagine than de s, oolse, The Los d Chancellor waiLed from his house in Illeolfoodwooptlre. and eitille to his private room its Litieeln's lnn.hall at a spa .orter to ten. He Looked sot sonar of the Morn los t Paper. to Are oho are, given of Hir S. Inn 'tic's death. wool Worst into teats. • Ile va. nuahlr fur stone time to leave bas room. t.,00 the groat shock loos recline• had sustained ; for, e• lie deviated. Ilk t• never nes a Haan al the British Bar f•r Silionie pr. reeed Sidelli), aho•eesesdcut legal attainments, null ingemod., iotegoity, he 11.01 more respect than for the drcraiteil. I mired, it is writ llbee, that tie Miley most int portant yue.•ti..us Ilia I•ordship aa• in the habit, evril in Opel, Culirt. air I.roprit•ly of Isis opinions to Sit ~.tomtit. Loss berme IP the Court no% reowited to excess nn•o aut iiiii sliest ptru•ut we olo•arsrd several persons of Not a SinaSe Counsel or Solieitur n•as present t all being ansiuois to .hew, in that way, theirs ego et for the death, toi:d respect ter the nor iiiii ry, of the hoosented deceased. At to+ruly sod iiii tt s alter ten his Imool•hip look hi% seat on the Ii:•aril; when a Gen:lvonion add, rf.iwit him uud said—" I have the honour w precut to your Lordship* I'rtili••u,eumplaiuing of the condole: of certain Micros of cone Coto t." rite Lord Chancellor—l sill teal it iu the rnnrse of the illy, and *twat., it to.inorrow nowning."—His feeling■ tie to Hoes e.stoos• him , alien he looked Ito +he ',Wee *hence lie 111111 bead -it S. RoOsillY so often milli dolight. The tears rolled dowu his Los, cheeks $ atoll :slier silting a Hof:note in big. clinic, Is,. said . " I usual go, fur I cannot sit one moment loosoget.'- firisog :waist to his poivale MOM, he displayed Ilse ►aler frodifig. Awaiting tears, ersievereldreetion in :memory of this wooly gef•ll and great man. HisOtir the Vice Chancellor eras se> motets impressed by the enelaiielioly event, that lii Oink' Hut sit u, Court. _ Ihe death of bir Salient' it 'ny eta. a "object of the deep. elit met et among tl.e Bur and ihrhelium, by all of whiten he was jowly snlinirtiland e'reenerd for bit- urbanity uo less Man for lin learning and tutee's'. UURSDAY. The Lord eltancelloitiMMMiiing took occasion to re.- mita, that the public, who complained 'mach of delay■ in the judgments of that Court, would he siirplised to learn that Inure were now net tower than two hundred mid sixty judgments left ewralied for, in this and other branches of the Conrt! entitely owing to the negligence of HIS Lorcl.hip also took an opport • y •to say, that he worth! act euu•lly upon the rule he 13:141 laid down hrtoie the long vacation, and pot oil no cause tut any petsun what. FItIDAY. This being the first day of 'lmp, the Lord Chancellor entered Wt.tlnnt r•Lail with the usual state Mr. Solreitor-General applied to the Court by petition from the Chancellor, masters. and scholata of Oxford, and from the Chancellor, masters, and scholars of Cambridge, for an order to restrain IV heady from selling copies of the Bible and of the Prayer-book. Wheatly had Egot those books printed in Scotland, and having imported dim into ngland. he tore out the title-pages, and having forged other title pages, represented that they were printed in England. But the forgery detected itself for although the title-page prefixed to the Bible was thus forged, the other title-page prefixed to the New Tes ta-vent remaincd unaltered. This wag a subject that had formerly been before his Lorthhip, and there could not he a doubt of the of the petitioners and the regularity of the epplicatiou. : Lord Chancellor.—Take the Order. COITRT OF KING'S BENCH, FRTSAY, Nov. 6. The Court did not sit till neatly half past one, when the new Lord Chief Justice (Abbott) took Itir seat, accompanied by Mr..luitice Bayley and Mr. Justice Ilidroyil. Sturdy at ter lib Lordship entered the Court, he atldreed the new king's Counsel, Veisrs. ()we lt , Wingfild. Horne, and Heald, successively in the following form --•• II is !loyal Iliglinets the Prince Begetst, in the name and on the behalf of his Majery, has been pleased to appoint you ode of hir. Majesty's Counsel learned in the law. You will therefore take your place within the bar accorMigly." F w cases of plate interest CAllle on. Mt. Scarlet movial fin leave to file a criminal information against flic! , ard Ftocks, a magistrate in Yotkshire, on the ground that I e had employed Ms authority in compounding a felony lets we Under rood) for his own profit. A Mr. Taylor, it was stated, had an ay current with Mr. Bentley. the whole of which had, however, h -en cleared at a settlement the parti. s came to some time since. A little time after that settlement Mr. '1 aylor was iirrested under a warrant charging him with tOrgery. The charge was, that he had Koren a bill of exchange accepted in the name of a person not in existence. Mr. Taylor ttlii ull to deptbit the amount of the hill as security, if by such means he could obtain Ins discharge. This. how !ver, was refused, and Mr. Taylor was kept in custody that Light. The next morning the parties concerned were told that they ba.l hettet settle the business together. and Mr. Stocks stated Ciat he hial no objeition to a bond being given for the purpose of' a sobmis tion of the whole matter to arbitration When the bond wits bronglit fnr execution the next day, Mr. Stocks objected to one of t;a: secu rities, and asked for some other nme. At that moment it wa• rot pobible to procure any other. Mr. Taylor was remanded into custody, and Mt. Bentley bound over to pto..suite. Mr. Stock► aft:rwards cameos Taylor. and told him that Bentley would eons. of to arbitration without requiring further security. Under throe circuiusuinces an award was nta•le,and against Taylor. The Cita Justice said that enough had been stated to induce the Court so allow an information. COURT OF COMMON PLEAS, FRIDAY, Nov. 6. Sir Robert Dallas. appointed to .iiceeed Sir Vieary Gibbs, took his seat, for the first time, as Chief Justice of the Court of C.wmon Pleas. ITSORAVE V. lIIFF.DOX. Rerrcant Copley moved for a rule to show cause why the defendant might not be allowed costs, and he 116eharged from execution. Ile stated that this ease had arisen from n tii.mitte between the parties re s vexing the costs of a aisle. Toe plaintiff had consigned property of the amount of nt,Onul. to the detendant's father, than rci ling nt Gihralar. At their first se:Lenient. the defendant accounted to the p:.iintiti for As„nnol. of the ahtne slim. and the remaiauler was to he htaihel in the kinds ot the def.:luta it till the cents of ,411.... and other charges should be determined. After these had been defrayed, the rlaintisr maintainod that a balance of i.tiOol. ought to revert to him, , N )Ilie the thSt s enthttlt tallt , `ll the surplus to be only 3501. An rnr.st w.,s tr Al. d against the detendant, and being unable to procure burl to the a %fount required, lie ItIO. MIMI * UM to pli 3 OO. The cause, after every possible delay on the Tart of the plaintiff: had at lust been haluebt to triad; and with the concurrence of both parties. it had be n referrkl to the arbitration of :tie. Tindal, who Mond that the whole st u n due by defahhon amounted to Xti•tl. Ile made the pre . sm t tootinft tinder nat. 45 or Gm If!. di. 4t.t. in which it is pro s• led. that if the plaintitv do net ream& the %lade stun fur which the a, rim is raisfvl, the defen,'em shall be ;witted to costs, after deduct * . 0 e sum o-creharg,, . Tbe CLxf J tigiu.t. —1 Lts the arbitrator taxed the coats? NATIONAL REGIATPR ser e :mut Copler....My Lord, helms not autliorLi.xl to tax mats n :legnuuted. Ma Court adjourned after having rat about half a I hour. SERGEANTS' INN HALL. Novemacrt S. CTILE LireaTT or TAM IWNSECT AND DILL O 111411 T— WILLIS V. mnivota. Thii question, which was one of very considerable intim! t • ante, as regards the libes ty of the subject, tame on to be argued before their Lordships. bIr,COMMOn Serjeant for the plaintiff. stated, that it was au action tried at the late Horsham Assizes, and was cue In which the plaintiff sought to recover from the defendant dant:igen for false imprisonment. A liaise, was then reserved for the opinion of the Court. The defetidant was is blagis• trate ; the plaintiff a gentle mail of property, who, for some offence with which he had heel) charged,vrhich it was unneces. sary to state. bad been summoned before the defendant; who, tin hearing the case, (nth.' ed him to enter Into secitritil s few two years, himself in SOW. and two snretirs iu t'..101. each.— The plaintiff tendered his ottn security, and one sur e r ) . — This the defendant would not nerept, and immediately made out his wars alit, by which he committed the plaintitf to pri son for two years. The point seserved was, whether this was or was nut a legal commitment ? He was to contend that it was not. and lie trusted should do so suceessfolly. The Learned Counsel then pi (weeded to cite authorities from the Law it.mks, from the reign of Henry VII. to the present time, to 'hew that 3lagistrates did not possess this power. By law lilies hail, he contended, use power to bold to bail, and take reeognizaiii es, fount thdirtione of taking them till the nest ; and lie euntemkul, a 'Magistrate could not by his wan :Int 4.0.1.5110 for a longer peliod than that for which he could 11.6,1 to Otherwise, a Magistrate had only, to aimeer his wan purposes, to demand excessive bail, whirl) a det . eadant not luring aide to procure, he might commit him :11).010114y for any period of time tie thoneht proper. In the case of Andrew Robinson Bowes and Lady Strathmore, in which an application was Mettle by Mi. Erskine to the Court of King's Bench on behalf of Mr. Bowes, who had been held to bail by the Court for a period of 14 years, on the ground that the Court haffnut power to hold to bail for suxli a term, the Judges indeed held that they had tha power ; but he trusted it would not now be said, that a Country Justice also piessented this high and 'enget cuss pi et °galley, • prerogative which, lie contended. was in the very teeth of the Bill of Rights and time libel is of the sit 'Ore% hies Serjeant *faddy , on the other hand, contended, that by the terms of their eoannis;ion, tinder the Act of Elizabeth, and confirmed by sabseqm nt Acts, Magistrate's haul this you cr ; and as far as regarded the present case, lie contended nn a ction would lie lignite , : the Ug fendaat, inasmuch as lie Irul been acting ooh on a subject within his jorisdiction•; and therefore, though lie had acted erroneously, yet it was unit an error in judgment, for which an action would not lie ag Magistrate. The Common Serjeant, in his reply, again contended, that th e doetaine omitended for by his Learned Friend, was an iuva•inn of the liberty of the suhject,itnd in direct opposition to the Hill of Right.. it it %vete once established, an indivi dual might be called un to give security, or be imprisoned for life. Mr. Justice Bayley said, s case might arse, in which it wont(' he :accessary to call for security tar life, lle teeol. !pried a ease in Willlll it had been dome. A person, other. wise sane in every sespect, was, as far as related to a certain is dividual, mad, and vowed to sactifice him %litlev er lie had an opportunity. The Nafrty of the innocent person could here only be set-tired by woliiiing the other, or cabin! on him to find continual ,centiry. The pre.eut tpiet:tion was, ins. ever, one it %cry great importance, and the Court would take time to consider its judgment. MIDDLESEX SESSIONS. MONDAY. Nov. 2. . . C. Charnan was indicted for assaulting Isabella Hatchfield, a girl about In years old, in the month of June last, w ith invent to violate her person. It appeared that the prosecti dix had been nursery-maid at the house of a publican, in Swallow street, Piccadilly. In getting water and other ner . ies fur the children, she had sometimes occasion to go into the tap-Poem of the public-house. On some of these occasions she used to see the defendant, who seta fart ier, residing in the aeighbontimod, and who frequented the house. Elizabeth Lowe, another set vapt in the house, hitt o. domed her to the defendant, and he appeared very fond of her. She then received permission from her auut to visit him; she accardiuly called at his lodging in the month of June last, but found he was oat. A man of the name of Smith, however, was there, and said he w ould show her where the defendant was. She accompanied him for that purpose; and they went to a publu• house, where tie•y found him. Slie sat there for 4 short time, hot fiudiii the eve ' g advance, she it fused to remain ony The defendant then pre vailed on her to tt mk with him in the Regent's Palk ; and after tiles had wallsi il some distance, and got to n private place, he dragged her user a fouler, anti executed bus in -a noth• pdui,ose. As 50011 at he let her go, she implored hint to assist tier to one of the outlets of the Pall ; lie refused to give her shit at sistabee, and poured neon her the grossest and vilest otiose, sit!, int: 11131 311 his trouble was about the loss of his stock, wide:, it seemed is as lost in the struggle.— The proseenttix returned home to a frie..ti, as well tat the C.)4111, and tit-closed her situation. It silts protect that She cuottinneti for $4411e time in lii, gut mest agility. Her acquaint ances described her as a %u?% modest and careful . girl. Her injury was proved to !save (Anil ed surgical assistance. An attempt was mode, fin• the detsditlaut, to contradict the state. 'tient of the gii es tuutlesty, but it totally faded. The Jury returned on instant t eritiet of—(;silty; and the Chairman, after an'ttuadverting in tile most severe terms Oil the bratality of the pi isoner, 'vitt:awed him to.lwo years' Otoprisunuiteut iii Nesvgatc. Fifteen of the Balmier linen-weavers were on Tuesday be'nnight committed to the house of Correcting. at ‘Vaketield, by a Beta of Magistrates, on a charge of Leavtn their wock in An unfinished state. The men urged in their own defence. that they haul bent each master a written notice of en s lit days, pret ions to (riming their work, and that three of their fellow workmen who laid flt,ishcd tlijr work had he: it refused payment of the same. The weavers were inn committed until After three distinct ()Ili's% had been made by the Magistrate, to liberate thmn. if they tiould return to their work : but this offer being considered by them as an abandonment of the object of their turti-out, they decided to go to prison. A man, named %Volk, has been committed to Durham gaol by the magi,tratc:s of Sunderland. on suvielun of mil l ; Cuncenwd in muniesiirt the servant-mid. and settinu fire to the house of Miss Smith (now lady Pear) at flarringtou. moue years ago. OLD 8.111.E,17. MONDAY, Nov. 2. J. Davis was indicted fur {riving knowingly, and tailbone lawful in ilk possc••iott 11 1011C11 11. note. The pi isooer went to Clic house of Mrs. Eag;c ton, in New gate-street, to poi ioaase sr qua: ter of a pound of Olit. tea, and in payment gau.c a 11. note, but it being suspected to be forged, he was asked %%I:ere lie had get it, and he ansys et ed fro;„ a. Mr. tiilvestcr jai Osborn all cet. The note war given hada to nim, but hr was followed 410%•1 Basing hail -stree 1, and given. into the custody of an olficer,who went with lum to Silvestri., who was al a TIT note Wa• lillitted about an d some sdid ii was not a had one. The ofEcer, %Own taking him bark to Eaglciost's shop, received a blow from him, and ha attempted to 'mike his' escape, and aliens :it it gave two Sc• titioos ndolresseg.—lt was limber in proof, that the prisoner tittered three forged notes at different places, and ga% e wrong names and addresses..—Guilty. t), dlurris, a private watchman, stood indicted for stealing in the dwelling-house of W. Chilow, Esq. u silver coffee pot, sable 201. 30 silver spoons, value 71. a silver tankard, salute 101. several other articles of plate, and several shirts, his pro. j eery, . . . . 3.l3raid stated, that he had berm footman to Mr. Clulo w npwaids of three years: Emna Owen was ilia fellow.servant. His ma' ter was abroad, and his mistress sometimes went out, leaving the house to their care. Oft the 15th of Oet.wituess and Emma Oweu wean to the play, leaving his uncle Dennis iu cat e of the house. Morris afterwards told hint. at the Hope and Anchor, that something hadhappened, and he would be taken tip and kept in custody until his toaster came home. butt that he (orisonerl was afraid to tell him, lest he should spit. Wit_ tress told hint he would Hot, and he then told him of the rob bery. On the following day, he told witness, there would be no other way to get over it than to break open the house, and let him,. the watchman, iii at half past etc% en, and be would give the alarm at two o'clock. On the Solidity lie sent him up &tails to his tnastes's bed-rum for some plate, and WiiiitSs accordingly brought it down in a half peck tees sure. He brought down a silver coffee pot, a silver tankard, Na i ls , spoons, &c. in the stable yard, and they took it to M. Levy's, ill Angel-emit t, Gravel-lane. Old Mich. came home in half an hour, and a young man and woman having left the icons, they agreed to meet at two o'clock, at the prisoner's in Caroline.sureet, to receive the money the plate tame to. Wit ness went, and saw M. Levy pay a handful of notes into Morris's hand. 'The prisoner then gave witness ill. in Bank notes, two of which he spent, and four he buried in the garden. With ess told the rrisumer that his mistress was coming home that night, and Morris said the alarm lutist be given them. Motris told him to lock the dog up. Wheu• Morris was crying twelve o'clock, witness ler hint through the area, and they pulled off their shoes and went up stairs and brought down the plate•chest, blankets, and sheets, and tied them up ; a ladder was set against the wall by the balcony window. They put bread and meat upon the table, and several candles were lighted in different iOOlllB. had told witness to tell Emma Owen what tt say about the robbery. At halt-past one o'clock, witness let the plisoner out s and he told him to be sure and not go to sleep, and be would giv e the alarm at ball-past two o'c;ock. He did so by knocking at the door, and he ran dow n stairs and opened the kitchen door, when they awoke witues3's mistress. Cross examined.—Hr had lived in London about funr years. 'lily get house 1 . 101111 Astley3 at half-past twelve at night. When he got home he knew nothing of the robbery,. nor for a fortnight after% arils. No person was present whim witness and the pi 'boner were at the Hope and Anchor. He was quite innocent until a fortnight after he had gone to the play. . Emiva Owen corroborated lastwitness's testimony respect ing their going to the play, and Dennis being lett in the care of the house. ALoill a tot Might afterwards Maid told her what bad Laurelled upon tke night be went to the play, and witness wan told by him 111 say, that two sailors had come to her bed room with black faces ; and on the night in question. she went to Mrs. Clidow's chamber and tol.; her this fact.-- Witness afterwards met the prisoner in Gloucester-place, Camden Town ; she told him she did nut like to do that which was to be done, amid he said it was easily done. Mr. J. Harmer, the solicitor for the prosecution. said, that in the prisoner's way. from the watch •house, lie said that aid had more than 11. hurled in the garden, and that Braid had met the Jew at his house on the Sunday. J. Smith, Conductor of the PdtrOlV, was told by Morris that the prosecutor's house hid been robbed. Witness ex. omitted the house below, and ttnind uo mom nal marks of vie. knee ; lie therelta e concluded that the Ili i•oner was con. Periled, and took Lint into custody. Morris Uu•o told him the /date was had by an old Jew.Witilessjedl eked Morris's house, and found eight silver tea•spouns, with Mr. Clialow's CI tat on five of them, and evidently erased from the tinge others. Mis. Clulow atterwards paused these spoons to have been stolvit from her house. The notes toted to he buried by Firaid in the garden were found there by the (lunge' 31r. Onion , . The pi iymter in his dateline hiiid he had no hand in the rohl.cty. A rits - Mbet of rt•speclahle per■mts gave him a good charac ter but the Jury lottud biro Guilty. TVESDAY-. James Dennis and Stephen Morels were indicted for rob- Icing in the above dweltint;.hnn•c of Cluluw, at Camden 'loan, on the 13th September The evidence %I au precisely the same as the shove, with the exception of a police calker, who apprehended Dennis at Chelmsford, to whom the prisoner confessed that he had a participation in the robbery. Dennis in his defence said, that when left in the house alone, lie did soot go sip stairs, bust remained below the sci.oe time. Mails protested that he had had no connection with Dennis. The Jury found both the prisoners Guilty. Dennis uas recommended Id merry by Mr. Clodew, under the idea that he mght hive been induced b) the other prisoner to commit the tubby' y. Mary Borns was convicted of stealing from the person of William White a porket-hook, twit:4l4ll4lg a 54)1. note, one 201. Iwo ICI. noir*, km 51. notes, mild sixty 11. notes, amounting mall to 'lsle frets of Ilse ease were these :-11se prosecutor was a !minivan, keeping the It ittdittill public.hottlor, ill teatime Leila', it/ kli! , l ; and on the night ot• the 24th of S.•plearber Its. %%its sitilitg up fur it lodge.. At about half 04 eleven o'clock, these • a kuor•k at the dour, and conceiving i; to hr the ludt,er, he "vetted the 111/01. inuner It! the bar rtitrred, and aS•kt•d fur it alas of gin. Will. Ibis the plisse cis cur set ved her. The prisener then wade some proposals In hint, which it is unnecessary here to repeat. The prowentur retWied, and pushed her oat. tie hat• trva a pocket-rook I NOV •