The National Register. — London, England, 1818-06-29 00:00:00

20.6 SOUTH A MERIC.I. TOE 6t/PREME OtitrCTOß OF Cllll.l TO THE. SPANOIR I.IIIFO \I.F7. l'atiAl)4.- -Yon have scaled withyour blood thesentimerta of y ni, sonls -who have proved by ycer saerifict s that you are still superior to the state which lot ce has assigned you— yi n who, fi , ltuwiug the dictates of nature, have employed all rn* energies tit obtain a constitution by w hick you wonld not be &graded —pot nicrit ttie title by which I address you, and all the honourable privileges which it iuclndt•s. Come, reposing on the confidence of a *Meet e tiiendship, to shine With its the ',elicits awl advantages of our situation. You at e ;united to no by the identity of ot,r relie and similarity of man net a,. by ties of blood, and ttemitormity of ideas. IV hat right do you not possess to enjoy as brothers this heritage adjudged by nature to us; but what i,, in do,pite of her, seiz ed by the It.turbous as their pin jimmy Wheat-lie account of our strength sod of our YirsolirerS is the precursor of one btvitatioe, yon cannot, w ithont insulting our generosity, attri bute it to our scakni ss. All! how paitiful world be to us, our jostificatton ro the world iit yo u r expense i ATIVEs OF LlAM—Among us every shade of difference disappears; our cause is common ; hasten to defend it, in order that in the groat book of nation.; it may not be seen. to the di•ltrace of this enlightened age, :toil of your illustrious city, that you supported by every.sact ince in your power the toilet ing threat of despotism Dictatorial Palace, Feb. 1. 'TIFRN A RIM O'HIGGINS, ZANAIITU, Jliuiateie al State., N'EN EZU El . . :PrIOCLC?I.t':IO•: TO THE INIIABISA:CT3 OF TILE IPIIOIII I / 4 CE OF r nACCAII. CAR A QUENIA Ns—The victory of Cahebozo has redeem! `•to tillo, the chief of your oppressors, to the miserable situation •of surrendering or perishing. Strailcneil on every side, his • auxiliary cams cut oIT, his communications intercepted, in short, snrronnded in the midst of Venezuela, little now re. maim for your liht rears to do, tinless it is to sweep from yowl country the re ninant /lithe Grand Spanish Army, which from the banks of the Garonne, had a second time come over to exterminate the inhabitants of South America. CAnaQtageitAiiiii--The government of the RepulAc Shines by the splendour of its arms, which have conquered so ninny thousands of tyrants. Liberty, equality, and indepen dence are the frnits of onr constancy, unr valour, anti our blood. The dominion of the nionAers is at an end ;it is suc ceeded by that of republican glory. CARAIrIP.S/ANS..-VOn arc again nude free, ender the an apices of an army of heroes, who, iosen•ible to all kinds of privations, exult in death when the honour of their country, or the salvation of its children, are coure►n^d. Confide, there. •toie, it: your benefactors, and prepare to SCC.iVe them within )(u illustrious capital. BOLIVAR. (SignNi) Hemel grunter% HaOro, Feb: 14:181h. FIZOCLANATIuN AlsDßEssl.l3 TO TOL INHABITANTS OF THE PLAIhs. Your country is already freed from tyrants. From the centre of NIAT Grenada to Matt►rin and the mositlis of the Oronnoko, the republican arms leave gloriously triumphed over the Spailiae els. The armies of Hoses and Nferitlo, late so numerous and so hoasiism, have been stretched on those fields we have cunseerared to liberty. The cities of Cala bozo and •sata Fernando have entered tinder the protection of the republic: and the remnant of Morillu's forces, beaten on the and 1451 b inst. fly to take refuge within the walls of Puerto Covello; but in vain; thence we will cast them into the 8044.—/W army of fret men. brave and eionquerine. is irre• aistii►.e. Victory is before you, and Veiseanela will sh,..rtly ace her cruel oppres►ors villiPr sot resider us e. ItillAPlTa NTS oIF resit Ptott.sf—You ate ; your horses. 3 ~t ir latices,und your tlesi the.u.elves would liee you from tyranny. You shall be independent, is spite of the einit e of ?pain. The govertiment of the republic secures to on your rights, pproperties wud aver. Flock to the banners of Venezuela, intLitt.J, hot now your victorious, country. The earnpai !o tut; Aided by the taking of the capital. you Hill again enter -a the enjoy - meat of repose, industry, and also r.s.ess of bume tree and liondurride men. Of these ',pot fits your tyrants sought to dcpuise you. Bless, •theiefore, that Providerice which bas procured Cot you a go vermin:hi the most conformable to the happiness of the Iminau fare. (Sigurd) ButivAlt. Head quarters, &nub' pro, Feb. 17,11F,1t. From the LONDON 6.I2.:ETTE, nesting, Jane 23. IiANKT:CPTS. IV . it LEY T. Packwood, Warwick. coal-i.ocrchant, July 6. 7. Aitct. 4, at B crwlay. Mt. Mr. 14.4 g. tiouthauptou-buildiag.., Chau cory 'IN ! I S ON U. Liv..trol. farrier. July 44, 15, Aug. 4, at Liverpool. . . . Alt. Mr. r. Staple Inn. DLL!. J. mot • 4ow nr* J. Leeds, hoendraperc. June 27. July tI. Ang. 4, at Att. Mr. Hitalnuin,b, eft. , Celtt. Jewin stmt. Ctipid PrUtT W. Nottbil•orun-street. CltrT:env.e”, printer. July 7. 11, Aug. 4, atGWldlal. Atr. Nl.l Ca4tle-street, Holborn. 1/IYllli. NHS. 1.. Hlanch.pay„ I Tov?t-itrc,..t. iocrebont, .Tuly I*. W. flats, :4663141:6*-M t. clu e4enionger, July IS. P. W. limn, i • .1- 14. T . e. o mproc, N 'try. t , urLo:*tvrer, July 14. 1 .6ttison. S - ...• July 14. 11. Donel, C r n:vr. July it, S.. M. nioA !: • .g. eroser, July 23. R. i rl,. ,-Ntrect, gmeer, s,dy l'nngl•intrre. It se.. , !iire, •Alleelwriglit. July 21. W. 14 etl 1111. , 6.11g6lithibirc, Jill) 17. T. U oa,i)11. Llist-ntA. City- rein. rhy,nlat. July 11. It. ti • ,i :son, WolOs., Yorkshire, fanner, •luly IG. T : Alain-hi:4i. merchant, Au;. 1. . ' • Snut:twark, Jule 11. T. Hurdern. S' r!ton, Si,.ll4t.•.:situr.drirpir. July 30. (I.:IITII'IC.VITS—J ' , LI - 14. 1.. W:r"trn.. colnurtnan—J. vour4.r—V..vuttit. t•I un li t ,,or,. Ham a.den. druggist--J. I'.a -tal:l%. is!ftrilf Dihrtishirc, c.,..itirt -maker. Holt' 1. or. 4 ~••~ ~.,, ,•,t. .; .. is,:n Jt tht Swan Tavern, Great • n . 1,0 of T.: H. rd. Tilt. ric:awd t,.. .•. the (01):,.: , and had : . ti rfr it.t;. ; l ro, ;;; I ; ;•• , • ;. ; . i!I corr.l.rai gip! other, r I. r*in4 her • ..,:u to to: • as Der, , r-str••• I . u. • ; e Berea' ; .; W 4 er i .o l' O. • • 1 .11 J. t'Xiired• pert; etly ti: ' . • r rc• , . but , ri , earc d the . ate neat•a...eti i«ai beta aukuct to 6u ern.;:b—Dual by the Visitation of (in& TUG NATIONAL 11EGISTEIt LAW INTELLIGENCE. COURT OF ICING'S BENCH, MONDAY. Jl:leirlit IMPORTANT 1.1P.A.ABION.••••••BROOKS Y. WARWICK. Fur. NV/alien stan d, that this was an action of considerable importance to the public at huge. 'f 114 plaintiff was a re. ; Naretable pawnbroker, residing in Hot utn, and lie now .might to recover a comyensation in elan.ages, fur an illegal, soul led and malicious prosecution, which In .it been iu sti_ hr ted aaainst him by the defendant. and in consequence of which, he 11:141 been iniprianned on a charge of felony, amongst felons, ter 24 hours. The defendain teas well able to pay da mages, for he was hacked by the Diret tots of the Bank of England. Tile present was an action which would decide a great and impoi taut point of law, lie had a greet respect for meny of the Bank Directors individually. Colleetivo ly, they • were a great and num sespeetable trailing compony but they were only a troling company, min lie knew , of no right they had to take cue law into their own halide, and to decide for themselves, any more than the West India Dock, or any other trading comanity Ilea. Their wealth was Cl' I tainly great. and it was st,i4l, great wealth gave great power; but he had still to learn, that their wealth, he it eves so great, would set than above the law. The facts of flue case were as followe ,—The plain:id' had, iu the coorse of his trade, re ceit e4l a one pound note from a person mimed Corwin, whose address, No. 4, Tavisteak-street, was put on the note at the liaise ft was taken. The plaintiff afterwards paid the Hole to a person named Bull : by Mall it was paid to others, and idthoately it was uatilered at Nye Bank, when it was stopt as a forged one. On the '2 Ii of December, Isl 6, the ,f o looda t o W o o is a Bank Inspector. applied to the and stated, that the note was a forged cue, giving it to Mr. Brooks, who. sot examining it, immediately knew it to be the smite a hich he lead paid to Mr. Bull, and told the defile (laid so saying lie wt.•. 1.1 gu awd give Mr. Bull another for it. The plaintiff:int' defendant tiCell(lingis went together to Mr. Bull, and plaintiff paid to pound in lieu of the forged one. They then returned to pleantiffs 'tense, when the de fendant demanded the note. The plaiiitiff, however, ntitsed to give it up. He stated who took it from, but said he would keep it and try to focuser his money bark ; mid that the note !Mould, in the mean time, he forthcoming a henevet called fur, if a prosecution should be instituted. This did not satisfy the defelidant, who told Mr.ltrool a, unless he gave III) the note ; a process would issue against him and on his ' , till refusing to give it Hp, the defendant applied to Mr. Baker, a magistrate at Hatton Garden, mid upon his deposi tion the plaintiff wits summoned before Mr. Baker, to answer for so felony. lie /Mr. Scarlet?) supposed the defendant fuonded ale protertiatig on the Art of the 4:oth of the Kin;,,, which provided, that any person bovine a forged note in has possession, knowing it to be so, and not being able satisfac torily loam-omit for the manner in which it had Count. into his possession, should be guilty of felony and lioble to be trans ported foe 14 years. %V heti the summons froth the magisto ate was delivered, Mr. Brooks attended immediately, anti the defend:out then preferred his charge against him, of having, know ugly and atlhrrglV , and without sufficient excuse, in his possession, a forged note, pad upon this charge the plaintiff was committed to the New Prison as a felon. He was after. woods biought sip for a second examination, when Mr. West wood attended as solicitor to the Dank ; and the plaintiff was then told, that if he would give up the note lie would be ti bcuated. The plaintiffs still refused to give it up, boot at length he compromised the matter, and deposited the forged unto, (as it was called) in the hands of the alagisto ate, and from that clay to this, he understood, it remained in the hands of the Magistrate, scaled up, tin step having been taken upon it ; 1101 had the plaintiff received any compensation tot the iionry he had sustained in toeing imprisoned and dragged through the streets as a felon. To obtain compensation fur that injury, and to clear his own character, the plandiff brought the present action. Lord Ellenborougli observed, that on the opening of the Learned Counsel, it appeared both parties had been w rung. ; Neither pat h could have a property iu the forged cote. It was a nuisance, and only available to promote (fee ends of • justice. When tendered the Bank had a right to lay hands on it, anal detain it; but then hail no right to itnprison the plaintiff tinder this Act, for a felony, since lie accounted for the note being in his possession most satisfactorily. Th., de tenting the note by the Rank in the first lavislare might have been Justiciable; the eubsetitieut ptoeeediogs were an excess. Mr, Scarlet said, it was for the malicious imprisonment the plaintiff sought actress. Loro Elleuleaouee ottserved, the conduct of the Bank, on all occasions, was such #a to prove there was no malice. His Lordship Nuligt :red lathe other side the propriety of suffer. fug a scrdiet fcr steel' ilatfij:ei as %Mild earl y costs. Mr, Searlett want, his client was wady to accede to this. lie only wished to justify hint', Win the eyes of the public. Mr. Toppine, for the detioolant, w as sot my lie eould not adopt ha. Loidship's ; but the facts of the ; ease. would prose mitt, iata lit rem limn what had been stated. Lerti Eitelooto email CW1,1110 , 14' a farther dismission eta lidi eiotte. He should certainly, upon these facts, du vet the Jury that the &aeon - kilt a ss 100 j urtilied. Me. Scarf, tt then coned his witwess"s. J. lieunett, Shalllaaa its the plaintiff, proved Warwick coming to the shop sou the Dece:uher, ISlti, he brought a 11. note w his hand, and desired to know who they had it of ; it was mat ked " corgi d" on the face. Wit- Ile't .1 read the Name and antitees in the person from whom Cie tone was taken to %Vara tea. Ms. Brooks was-called ma of the parionr, and, 4.11 the he paid it to Mrs. Bull, and would go and pay Ilia, fort!. lie and Warts irk Ascii! so ail, loafs auJ returned with Wartv:rk, MI 'desire al to tone the note back. ltineks miner 1 to give up the nide, saying, he w Wird to endeavian 10 tl are it bat it to VW persist' Irmo whom lie took it ; and that it blial.l 1 he lOrtiletostiNg when called for. 1t ani irk said, a inert • wad be eisitea agriiist hint, if he slid not ;town it. Mr. !hauls still it insed, 41111 Wel %% it. k wont away. coy, the Airco, came tani••r that evening or to at day, rod neutered air. 11101. k 5 .1 5 , 1 , 11111Paa. 1:1 , e:S• C 71Ia olt• d note ails stamped w ith the woo d .• Ita g tot," w rid, en die fact of it. %Vino's% aid not near SV al it leis tiesii e Mr. Brooks to go with him to Gm hold, in • imvelk.4. from whom lie said he had rise. is rd the 11 ..r irk eat& of tile mote was relented, he would oaleat our ;it moats el' si nosed, mid sod •o• oetiot tram tiopier himself. 41. by I old r.ileittoormigh--flow did yon k.osv you re -1....• ail it :I. a fiarhoid If 11 Ist •• ••1I v took it or to re,leirin a pledge. lined lattaitotoronal i - Fl 4 re aas • note lahim hy a pawn bl, I.rr iu the was of h,s nosiness. W here tons the rinse 01 Mll.olJlistilii.ll tilt• part of Seamy t Had you out belie, accede to say in upubaluu. JUNE eft Mr. Topping— Yon tee, my Lord, they have charged tut with il4Miug imprisoned Mr. Unbolts falsely, and wMl•nrt probable cause.. Lord illenhosough—And they have pi eil their rase step by step. I wished to say as little us possible ou this case. Jou had belie, adept my proposition. 'flue defendant still declined acceding to the suggestio n o f la his ir.l.liip. 51r. Baker, the Committing Magistrate, proved the com mitment on the ;list of December ; and by the %variant o f commitment he was ordered to be brought op ; , ga i n en the Ist ofJauuary. He was then re•exaunucd, and it was ',peed that hr should deposit Ni e note with the wittiest, and that the Bank would not proceed to proveente. Witness recollected Brooks stOtig he would not part with the forged n ot e; b e would keep it, to compare other notes with it, and th us dis cover forged notes from good. Witness Said if he wished to try the question with the. Bank, he would commit him for five minutes. and he might then he admitted to bail. Witness said, if after this notice he detained the note, he would, in his opinion, have possession of it without lawful excuse. Lord Ellenhoiough—That decision was wrong. The har ing unlawfully in possession must relate to haviiig possession in the first instance-, and rut to any enlist quern possession, lie had given estop fur it, and that was a jultitiable excuse. Besides, the nuts was marked " tinged; lied could do no Wither 1141111. Mr. Gurney—Oh, my Lord. instarcea have been known in which this mask uas been obliterated, aad a relitteting had been made. Lord Ellenborongh observed, this did not alter the ease,— The contest scented to be, whether the pt rscusl libertv ,t thy subject should be invaded, or tire law of the Batik Clerk should be declared to be wrong. Mr. Topping addressed the Jury on tho part of the de fendant, and contended that U r plaintiff was not justified it. detuining the note front the defendant. If tins were to be allowed, it would go very.far 41 prevent the discovery of the original fabricator of she notes nine link a out of tcw. He also contended, that here was no malice whatever against the plaintiff; on the contrary, if he s' or Id have consented tu bus c put in bail, he would not have been committed at all. The Bank had only acted as they considered they were justified b y law in act i ng ;. an d /vela if the Jury shoc.id, ender MS I,l)fliSh4 , 'S direction. consider they were nut strictly within the protection of the law, and that a rilict shonid be token for the plaintiff, he submitted, that iery stnalidadialti, would be a compensation .or an evil be heal bioi:ght hansell Lord gllenhorougli summed op ; and iu troieg :so, said, the plaintiff had given all die information inihis power respecting this note; and there was not a shadow of gamin] to say. lie came within the clause which made it retail to have* forged note in his possession, nor able sa:isfactorily to arroinit for his. same The plain: it bad teken the note in the course of his trade; he informed the cloftmJant of whom he took it, and rave all the inforniarci; in his power. After having dune this, he was taken helm e a IVlatostrate, and im• prisoriud as a felon. It would be rather too numb now to say, he had no cause of cidiiplainr. The only question was, abetbt r the deft ihit,atter having dtiivered this note to tiro plaintiff, had any right to demand it bark again. He cer tainly had not ;, as far as the question of roperty could go it: the case of a forged note, which, as he observed, was a tinisauce, and (Amid truly be used as property, as forwarding the ens. of justice—that property was in the plaintiff. The Bark. when it was tendered to then., might have destroyed it, having proved it ;o be a forgery; but they bad no esense for charging the plaintiff with a felony. He had wished to pievent this discussion. which could do no public good, bet might or productive of evil. The note was in the plaintiff 's. possession ; iu his Lordship's opinion, Ito one had skean a rirlit to take it from him. If the Jur) should thibk the vase made wit, they would find a verdict for the plaintiff, w irhi such damages as they considered a lair compensation; they would estimate the damages proportionate to the injury, with out considering the wealth of the party who would have t paythein. _ . • The Jury found a verdict fur the plaintiff, t i aniages 501.; co. .s 40.. THE JUNG •. TAFF,. This was au indictment preferred by Lady Colehroke, the widow of Sir (sorer Colehreke, against Mrs. Tate, a a iduw lady, wider the eiireinstaners:—flu. 'rade, it aiiieareii, as datitlitei-iiii:an• to Lnity Colvin oke, and had been left a widow w ith inn daughters, enllllyd to eirpoN;flerable forliiia,, who were planed antler the guard. their grandmother, Mrs. Tail.. had rei e.stedly arioted 1, have her daughters placed trailer her own protection, hut in vain ; and on the day in question, as Laity Lole.rokt. nu- 'limier& ing in her carriage with the two young ;aches :Ilene the Hatapmead road, another carriage, in which wan. Mr.. '1 affe s crossed the toad and i,,,:re(l.•;° the earring, of her I.;hlyship. —ln this carriage there veer( , besides Mrs. Talk, Pali s h, a waterinaa, and another perm's, and it was di iven by a mean nanir •f Holt. an attempt aas made to ititnore th e yeang Whet; titan eat iii:ge to that of their ninther. but the atttu.ptladed. 1 was the assault complained o. Lady Colebrohr, w..n is of sn, was allowed to s i t %Atari tin! er : site gayeties evidence in the ns4st clear and distinct manner. tlefindalit, mete found it was intimated by alt. Guroty, that filer^ was i.o nish to (.:loess Mrs. T:ifie. hut only to r;itift iit • rrrn•t r tire of trtt.'tnhts. It wits probable that Jnelerut ni uvula hr iirayeil against this Lady. With I eweet to the other two tli trod:lois, Holt acid hr e , .tild not s 4. s 9 ninth ; hod not the excuse for their conduct which Mr-..Lahr had fur I:et's. i I'i:~1M1'. RAMSEY V. Dit 4 A NOES AND Al DEIctON, AND JOHN AND GI-OHCE B%ZLE:Y. An actin for an assanit imprisonnient by the two fast defendants, one ct• ULt.ll , , John Bailey, is a shcriB 'a offieer. and the other hi• folloner. The arri q• foul plan• on Sunday evening, Si h ?t arch, the. plaint ;ffrenteining in custody until near 12 o'clock at ntithnl ht . Tt.e di feildiAnts justiln that they were outlawed Ils taking plaintiff oil a Sunday, because he had pre iimisly ttt.,ped hum thcisi artestej no the 17111 I•cb. pi crt•i!ing. NlrAi limey opened the corona :be ) going ori r the facts detailed in the evidence of Ow lotus lIIU He 0611 eeel, that the sip ere 013;:e WMIIII.II to ft ii ini the too lkitleys bring really filo persons re:y.wibie.tu the plaiutdt tin their illegal conduct. Alr. Alexander 11 - eting tleptti-41, that on the evening of the 17th of Febru a ry la% accompanied nll. Noel, thy ',Laurin . s iorney, and Mr. 11;istoty, to :Mamell-bill. l'i.e two !Sailer, lIIC defeedialit,, eame Oct of a public-house, and vale pro ceeding to al re At •:.e plailellh, %limit Noel ellen d to tildes . - take for the debt. They a i wyot into the boost, and Not gave Bailey a check . for :A., as a consider a ti on tO r t h e unt ! s taking I bud Jgrechug to be MUMMA ble for all writs iu the nu= -i 4 ° d-