The National Register. — London, England, 1821-12-03 00:00:00

public cxpeet ; we will do our duty, and I never will sit and hear the• opiiiion of the public held out al a threat. Mr. Coul•er idist.l veil, that lie had no intention to threau•u the court ; his object was only to siege consitii tional as guineuts, wiihout any intention to °trend the court. Mr, Chill y, on the Panic 5111 e, contended, that the deputy was not to hove the direction of the important duties of the Marshal. The Chief Justice, after sante consultation on the bench, said, the court, looking at the affidavits, would make a rule to-morrow, for regulation on the subject brought under notice THIC KING Y. THE WEST MIDDLESEX WATERWORKS. Mr. Searlett opposed a rule for a mandamus, calling on the Company of the West Middlesex Water-works to ill" cause why they do not supply water at the rates originally paid. The Court were of opinion the rule could not be made absolute. They had nu informatiou with respect to what would be reasonable rates for the water supplied, conse quently lisr Court could not order this Company to make reasonable rates. The only apposite remedy was apple eatiou to Parliament. The establishment of a maximum of price 'night remove all disputes. Ituie discharged. WEDNESDAY, NOV. 28. The Lord Chief J tastier , on coining into Court observed, that it was he wish of the Judges to extend the sit ting this they to a late hour, and it would he conveilieut to postpone all matters likely to occupy much time, unto the adjournment day, which was fixed for the 10111 of January. THE LATE MANCHESTER MEETING. BEDFORD AND OTHERS. It will be recollected that this was an action for a com pensation in damages, for injury sustained by the plaintiff tiom the defendants, Kirby, Oliver, Whittington, and Meagher, members at the Manchester Yeomanry, on the memorable 16th of Aukost, 1819. Mr. Stet kie obtained leave to enlarge a rule granted to spew cause nil!. the (erne of the action should not be moved for Lancashire to Middlesex, the original place of issuing process. The grounds on which Mr. S. moved was, that the tole had not been served until yesterday. The Court ordered the time fur the return of the rule to be enlarged to next Term. The Court then proceeded to hear the motions of the BIM 11111 111111 G V. I.I.IIIbLEI v. The defendant who was tried with Kinnear biozely Wolf, two years since, at Guildhall, mid found guilty of a most extensive mercantile fraud, now made application to the Court, by his COlllllll I, Mr. Corwootl, for a writ of Habeas Corpus, to remove him wit of the custody of the gaoler of Gloticrater gaol to a prison neater London, where the+ e are more 11/0111 and air. The defendant was sentenced to two years imprisonment in Gloucester gaol, to pay a tine of 5(X101. and to he imprisoned till the fine be paid. The imprisonment has expired, and the defend ant remains in custody tur not paying the fine; he is, in fact, now a prisoner for a debt to the Crown. Mr. Justice Bayley said, the sentence passed neon the defendant ordered his imprisonment in Gloucester gaol, until lie made the payment of the tine, and consequently the Court had no anitiority to attend to the affidavit. The Loud Chief Justice was of the satne opinion, and intimated that the slate of the defendant's health miglil he tlis subject of application elsewhere, but this Court could nut attend to it. RENCH PRISON.—.EE PARTE BAILIE V. THE MARSHA!. OW TUE JUNO. RA.ACM. The Lord Chief Justice said, the Court had considered all the atidavits made in this matter, and npon the lust, the charge of not confronting Colonel Bailie with Colonel Mead, they were of (Oulu'', the Ala,. 'hall had given satist . itetory mistier. They thought the Matsiii.l acted iii•creelly in out hi ingnig the patties togethei ; and al though lie might have heed justified in sunilitig the party to llorsernonger line poison, yet the Court thought the course he took was the means of keeping the peace in the poison. Another ge wind of complaint vital, that after in formation given of the improper 111,11111er iu winch the coffee-house was conducted, the 314rslial did nut home diatmy discharge Poole, the keeper; it, howevi 1, ap. reared lie did discharge him some time alter, and altho' lie might have discharei nom sooner, the Court did hot think that the eitcunistrhee called for severe animadver sion especially as it did nut appear that any distil 11 ly conduct vas obierved alter the month of Dee( the atkilavit of Culiniel Bailie, they found a great complaint re biting to the In:emission of turnkeys to have rooms in the prison. A great deal t neccesaeily he lett to the diieretiou of the keeper of every poison; mid COlPllikrillt die chalet - let , who %rut to the Aiaislial sea, the Court hall no hesitatien in saying the Marshal had a discretion to exercise in providing for the reception of plisoners, and they could not Mkt fere with that disci c lod' unless they saw good reason for interfereoce. Tile Cum t had directed that the Marshal, in his visits to stif les( tit parts of the prison, should inquire and make known unto the puller tamer the persons in possession of surh iOlOllll, so that all angements in that respect might nice the eye of the Court. The only remaining eliarge was thhat Of 1101 residing in the prison. The Marshal had said a great deal upon the subject, which might allow excuses, butt after all, the Court was cleat ly of opiiiiiin the Act of Parliament niii,t he obeyed. The Act said the Marshal reside iii the Prison or the Utiles, and that provision cunld not he infringed. The Court kid pi epas eil a rule to wake the Maishal reside in the Piison or Bides, and they ordered that lie do report next 'Telco what lie had dom., in compliant-e wills their order. he only remainieg pail of the subject was the question of costs. All that 'elated to Col. Bailie of a personal nature had been answered; the circumstance of the dismissal of Poole had not been mentioned, and lie had been ens lined within Ibe walls by the desire of his sureties, the Court did not tirl thcw selves justified iu gin hug Lusts. 'l'eim ended. In the matter of SV/A I NM' nv Last Term a person, named So.tinbuty, obtained a rule to show cause why one of the tipstalfs of the Cori t should not answer the matte' of on affidavit, chat gill iuni 0111. having demanded lOs lid. for taking hint to pti:•utt, %alto. it. according to the 1711. of Geoitoc 11. the tee was no 10411 . 1 . than Mr. Gurney, for the defendant, this day thewed can't. against the Rule. and put iu au ;Affidavit, ►inting that the °Weer had aeled on the established usage. He pi used 110.1 It had b. I'u ruxtoso, dating 111411 y yr illS past, 101 the blaster luallu,v li,b. (At. _ i- THE NAT ZONAL REGISTER The Conti thought, tinder theme circumstances, that the defendant, by pa lug the coats of the application, and refunding the nureho I ge, would answer the en& of in,- ju.tiee. The Court would atm) mike au outer, that 10, ntl. could not denonoled in future. THURSDAY, NOV. 29. This was an action brought by the plaintiff, a surgeon and apothecary in Hulks street, to recover 41. OS. (Id. for drugs sup plied to the wife of the defendant during her accouchentent. Mrs. Hannah Golding was acquainted with the plaintiff; he was a surgeon and apothecary. Mrs. Ile Schrimer lived with the with the witness at Brosnpton, and was delivered at her house. She knew that drugs were delivered to Mrs. De Schrimer, and looking at the bill, said she recollected many of the articles. The witness had • conversation with Mr. De Schrimer, who was a waiter at Brunet's hotel; he said he was not to pay the ph/one's bill,—his wife was to pay it. Cross-examined by Mr. Scarlett.—She said the lady, Mrs. De Schrimer, was now living with the Portuguese Ambassador. She did not know whether the Portuguese Ambassador kept the child. She did not think Mr. De Schrinter ever saw the doctor ; he went abroad soon after the child was born * and came back again ; he then paid the wirness for the lodging : he told witness the doctor's bill was a heavy charge ; he did not say he had no business with the bill, hut that he should leave it for his wife to pay. She did not know the lady by auy other name than De Bchrimer. She did nut know the child was supported by the Portuguese Ambassador, but had heard it was. The c:.ild was taken from the witness's sister at the age of fur or lire months. Mrs. Ann Wood said she was the nurse who attended Nina- De Schrimer during her lying-in. Medicines were delivered during the time she was with Mrs. lielehrimet. She saw the defendant two or three times a day. Mrs. De Schrimer called him her husband. He asked for her as Mrs. De Sehrimer Cross-examined by Mr. Soulett.—She said Mrs. De kieltrimer paid her money. She went to her at the house of the Portuguese Ambassador, and received the money. Mr. Johnson said he would send his young man up to the house of the Ambassador to demand payment of his bill. Mr. •carlett submitted that Cher: was no proof the defendant was liable to pay this bill. The lady hired ttie lodging, and the defendant paid for it after his returu to England. It did not appear she was his wife. Chief Justice.—Flo treats her as his wife, and if a professional man is called in and told she is a monied woman, he considers her the wile of another, to whom lie looks for payment. There was no valid defence to this action. _ _ _ The Jury found a vedict for the planadf—Daraages •l. 19s. 6d Fit litt 1 , , NOV. U. Gl2 AMONT V. BOY ON. Mr. Marry itt, to counsel fur the defendant, stated, that this WAS au act' of leaver, brought by the pluintiff, to recover front the defendant the property in a dog belonging to the plaintiff, of which the defendaid had got and retained povvessinu The defendant said, the dog was bit, and that he lad it. Now he hail ten us twelve a itne►ses, all of whoa would sear that the dog was iii Cat plaintiff's, possession long before the di fend:sot even pretended to have lost it. The Chief Justice recuinineialeit a reference out of Court. The production of the do; would pr.onsibly lead to cause (peaces nut quite suited ma the ii. I:01WD of a Court of Justice. The parties consenting, a verdict was taken for the plain. lilt for our subject to a reference to Mr George Williams. The &I A to follow the miler of the referee. cillitscil r. AINTIN. Th's was on action a. lei over front the defendant MI. — nod in civet, by him for the use o - the plaiutilT. The plea was, that there was Si.. 11101111 , V to pay. Mr. Gamey stated this cme to the Jury ; the defendant was a hose dealer and lively-stable kaeper, and plaintiff took a horsio to Lim, with instructions that it should he sold if n price of 801. could he tobtailicd for it. The horse re. m000•d iii , .,• toe owe time hefore it was sold—ultimately it was sold, but on the plaintiff applying to the deli - mutant for the NC. he wins told the horse indeed was sold, but be could not say w here he was gone, nor had he any money for him. The• witnesses called by Mr. Gut iwy only went to show all exchange for anothar horse, but 110 money was proved to have been received. There was no count for goods sold and delivered, and his Lordship was of opinion, that upon this evidence, the plaintiff must he non-suited. COURT OF COMMON PLEAS, Nev. SO. HART U. 1307 • T0Y. Set;jeant Vaughan said, this was an action brought by the plaintiff., who are a inc and spit it merchants in Thames blleel, td recover Ili. belie. the price of two doxcu of line old es tested pue t, aced two dozen of 'here y. Thomas Lanagan stetted, that lee had been in the employ of Julio Jacob Ilart and Frederick flat t, the plaintiffs in the tu•tio'. The cc :ten ss knew Dt. tto)ston. Ile delivered three dozen of le ine on the SI of A•it;o,t. Setgerant Pell here declared, he was willing to admit the delivery and tier prie e. lie was anxious me Ilei • MT/ kk loon to Near lIIRO as tow le as he could, and tin at tecece to tier defence. Toe wice was purchased by the defendant, as Ito was a me thod man, very much and deservedly respected. It was bought ten a specific contract from the plaintiffs' age nt, pursued named Benson, a person who clearly understood chat credit wets to he given to Christmas. The Jury well knew tacit festive season had not lanced. When it did arrive, his learned ft lend might bring ate action. The wine wets ex cellent, and it would no doubt he all drank before Christ ma-; but no one bottle would be paid for till their. Air. Benson wits next called fur the defendant.—Before leis ex 00000 inatiou, Sergeant ►aughan put the following qui 'lion Q. You have laid a wager that in this case the plaintiff cannot ieenver ?—A. I have laid no wager with leference to any thing in this cause. I have had a conversation. The learned Judge would not allow hint to state the cua vra•r.tion. 'The witness then depra....l, that he was agent for :11e,rs. Bart. He sold the wine in question to Mr. Boston, ho i• a physician. It was sold to be p..id for at Christtnas. Tae d.fenclant was solicited to have the *vine. lie said he had just purchased some, but to oblige the plaintiffs would l ove an order. ('ros•exantincd by Sergeant Vaughan.—The witness said hr communicuicd to the &Mudd . - that he sold the wine on crtdn. He was not on good tei IRS w ith the planititli; but hind never expressed his gratilicatiner at being able to press the rams of the action on them. The contract 11 , Uti distinctly wade for credit. 'fliianas O'Flaherty, Esq. an officer in the army, was pre sent hell the wine was sold to Pi. liwyston. It was to be pain fat at Christmas. Sergeant Vaughan here admlited that he could carry the a•e oo lin titer. The wereautwerable for the act ul't,o If ;Agrot. Ser.:A.m.' Pell observed, that Ins learned hrother might guSto op the cave, utter healing 111 i. Bru.uu dt elder it us as sold on coedit. Seigeant Vaug;laninstified the cour.e he had taken, it' cuustiluence of Stageant PrII j..cuiely cictrituctl:— - - " Ala.! My learned brother dies, and gives DO siga." The Jury found a verdict for the Tours v. F‘R Log. This eras an action to tee iv., 101 which the plitiatif a loader carpenter, C1711111(.4 for win k done, fora person of the name of ItiihrrtAiii. Tire delcod int ass proprietor of a house or 1101111 . 9, where the work any done, and it ram proved on one occasion, when the plaintiff complained that he could not get lei, money, the rfrfronlaut said, "Never d, en on, and 1 r ill sue yon land." The Jury found a verdict for the irlaintir—Dansages 101. CONSISTORY COURT, Fato*T, N0v.30. Tile OAPICE OP TM, JUDGN vaossoran at womalvon AGAINST CLARK, As soon as the Court opened. Dr. Clark, the party pro. ceeded against to this ea..., rose up to address the Judge. Sir Christopher Robinson observed. tbat no cause was yet called, nod he Celli] nut hear Dr. Clark when there IVY iiOll,l.lK b e fore the Court. The l'ioctor of Dr. Wollaston, upon the Registrar's baying called the alio% e case, Ihi n declared that be would nun pray the Coma to protiounce Clark to have been in contempt, lov novo'. of his not having appeared before the whirn bad issued in this cause. Dr. Clarke.—So- Ciiri,toplier Rubinson, a citation, it is true,' hove seen, calling un me to appear before my Lord stowell; but I have received nothing else—no other notice whatever. Since thi, happened, 1 have learned by the news. 'misers, that Lord Stowell has resigned his chair in this Cowl to you, Sir Christopher ; but, notwithstanding this, I nave hem§ served with no other citation. Sir Christopher Robinson observed, that Dr. Clarke, 'wavier, busing now appeared, the Court would be relieved from the necessity of prouciencing that he was in contempt; and no doubt the cause would now go on in a proper and legal course. Dr. Clarke.-1 wish, Sir Christopher, to be heard before this court in reply to a charge of having obstructed the entry of Archdeacon Wollaston into en) church. Sir Christopher Robinson.—That question is not yet before me, Dr. Clarke : at present it only remains that lthe Court should proceed with the business before it, in the usual form. —lf the Court apprehended that any delay was prayed foe, itiwould readily grant it. Dr. Clark.—Really, Sir Christopher, I wish to be dls missed one way or the other. I cannot continue to sleep out of my bed in this manner. I had only four hours sleep last night, and four the ui.ht preceding. lam sure that my case ought to be considered; Lord Stowell is my only senior here. Sir C. Robinson.—The only way will be, Dr. Clark, for you to give an appearance in the usual way, and put your case in the hands of some professional genttenian. Dr. Clark.—Really I have it not in my power so to do. I cannot afford to avail myself of their assistance. I have been long iu great poverty, and have a large tinnily. The expenses of publication have been very heavy upon me. I wrote a book, and dedicated it to Lord Sicnontli,"when he was Premier." His Lordship did me the honour of writing one a letter of thanks, but he has allowed me to remain in poverty these IS years past. Sir C. Roltinsou.—Will yon given an appearance, Then, Dr. Clark ? Dr. Clark.—l will do any thing that I can do,Sir Christ. topher ; but it is not in my power to employ advocates and proctors ; the mere expense of coach hire would fall heavy upon me. But if these gentlemen will do me the honour, as Senior Academic, of attending to my case, I Shall acknowledge their kindness. I have nothing to give ; but I would willingly part with any life, if I could. —The Court would give him leave to say, that he found lie could not admit yr. Wollaston through the large doer, and he thought it would be disrespectful to admit him through the back door of the church. But the next time Dr. Wollaston ett ate, he would admit I ' hrongh any door the Court might tie pleased to direct. The Archdeacon's }Proctor then exhibited the articles, of which he would furnish Dr. Clark with a copy ; and he prayed that the said articles might stand for admission ua the next court day, and that Dr. ('lark might beading,. wished then to attend. The Court decreed accordingly, and observed that Dr. Clark would permit it, before it ruse, to give hits mitt word of advice, namely, to employ counsel to appear fur h im ism this case. Ii would save Di. Clank mulch trouble and einhatio,sineut, and be of great advantage to his valise. 1)1.. Clark expressed his obligations to the Judge for this suggestion, but be was afraid that he should be tumble to comply with it. Its was very Hutt had already int ut red tat ge expenses try the isequent appearance which his parish compelled him to make um courts of law. The Corot t then ruse.—(Dr. Clark appears to be infirm, and advanced ill years.) Mr. Webber, a young man, who performed the part of clown in the egiiestrian company of Mr. Cooke, now exhibiting at IVakefield, with distinguished abi. litv, was on Monday morning discovered a cold and life. less corpse, in the area of the Public-room erecting in Wood -street, in that town. He called at the NVorsil. man Inn, about 9 o'clock, but did 114 it sit down. The night being very dark, it appears probable, that unfor tunately approaching too near She collier of the build. Mg, he stumbled upon some loose fl tgs which lay there, and count% in contact tsith the low parapet wall des tined Mr a palisade, was precipitated headforemost down the area. In his descent his feet had evidently struck against the wall, but his death was probably instanta neous, as he W3S limnd with his head doubled under his breast, and his neck dislocated A Coroner's inquest eat upon the bodyat the %timid mail Inn Monday even ing, who returned a verdict of—aceidental death—and laid a Gle of tAil. on the proprietors of lite rooms, pro vided the place where the accident happened, and every other dangerous opening near the building, should not he secured, to complete satisfaction of the forern of the jury within 48 hours. Toe remains of tins tot innunate young 111311 were on Tuesday evening accom. pained to their last repository, 111 Si. Johtee church yard, \Vali( &Id, by Mr. Cooke and the whole of the per by a bond of music playing the dead maielt in Saul, and followed by a Large concousse of people. Monday evening, about five o'clock, Mr. William Enms, of Anthony.strect, St. George's ite the East, pass ing the corner uf Anch . or.yard, Rosemary - lane, was by four ru ffi ans, who knockeu hi= down, aid rubbed nun of his watch,. • .t -....111M 3111 MEM