The National Register. — London, England, 1818-12-21 00:00:00

LAW INTELLIGENCE. 'cwlrr OF CHANCLIiY, ‘VEDNIcsvAv.DEC.I6. Ihr Ihihl .C 44 4111:1' M1C11.1011144 Irnr, Ihr Lard Cisakeelloi tprllell a AI hill boose,prepor story 10 his Honour the Vice-I:hones:110r licooing Iti. 14,11614 W 'notions. I tW PltoM,,TiohS. 'flee Lord Chaneell..r afterwarils A wore in the following Loomed Consist:l to their srveral offices :—Mr. Sao joont Cop as king', Serjrant aiid Chief Justice of Chester ; Mr. tirrjuant Pell, as King's Serjrant ; Mr. Oiffrn Wilsoo, n( Ike cli.nierry Bar. a. lisle's Connvel ; Mr (i4selre and Mr. biatati, of the King's floods Bar, as-Kind's (;ouum:l. • (mina OF KING'S TvesnaY, Dec. 15. The KING V. caultarit. The defendant was indicted for perjury, committed in an affidavit swum before the signer of the writs, for the IMO pose of art ebting the preneentor, Amon Moses. The affidavit salted that Most•s was indebted to the defendant in the SIMI of il. for money paid, laid cost aad expended to owe of the pi u seetitur : and the circumstances mem:wird on the pail of the Vroaecut' were as tallow :—Moses hawitig come to England in a foreign .hip, with some packages of shells, picture*, china jars, and oilier articles, employed the defetidant as his broker to get his goods ashore. and through the Cnstuat• House. Foe dna sea vice, and for the duties, the de feud : ant eharged the prosecutor 331. and kept bark sonic of the at ii. sirs. on the• wound that it was necessary to give sonic to the Custom-Home officers. lei pat denier he de►ained three jars. 'fur iiroscentor paid I 321. 11b. ; hat when he asked fur a receipt, and insisted oil ha:Anglia china jars, the fendatit beat hint violently. For this assault the defendant had been indicted s and having suffered judgment as in case ease of a tionsuit, in the action in which he had tett the prosecutor, the prosecutor had in turn sued and recovered a verdict against him for the arrest in that artiosi, as being grostidless and malicious. In addition to this, he now in dicted 1 • for the sake of public justice, on the ground of the lake affidavit with which that action bad been coin. The witnesses called for the prosecution proved that only about 16$. was paid at the Cnstuouffionsc, and that the reward for delendmit's services. together with other charges, could not make sip e►en the 521. that hail been ;laid, so that there seemed no pound whatever fur the additional charge of 251. Fur the defendant it was stated, but not very clearly proved, that the VA. was due fur the defendant's services in getting ashore and through the Custom House some beds and other articles not included in the former charge, aud for charges in terred in a smuggling transaction carried on at the same date. It was also said that the charges being of this statue, was one of the reasons why the defeudant bad abandoned his action against the prosecater. The Jury found the defeedaut—Guilty. aniTeon V. DAVIS. This was an action to recover Money which had been placed its the defendant's hands, as a stakeholder, to be paid to the winner of a wager made on a foot race. The defelo e set up was, that the plaintiff's own stake had been paid him: but that the defendant refused to pay the stake or the loser, because the race lad been what is termed cross ; I. e. one of the runnels had been bribed to test. The repayment of the plaintiff's stake was proved by a whiten who was present at the 'ace ; and who said that he saw the stake repaid the same niett. Rut another alluvia having said he saw the plaintiffs stake tendered two days after the time at which the above witness said it Was paid, the Learned Judge left it to the Jury. whether the witners who proved the tender misfit not have been mistaken as to the day. The Jury found a verdict for the defendant ; and Cihel • Justice Abbott added, that though he had suffered the cue to go to them as to the fact of payment, he was very doubtful whether the plaintiff could have recovered at law even his own stake from the stakeholder, toot-races beta within the statute of nth Anne. COURT OF COMMON PLEAS, Curiae'. W•t.Ditt:RAVE V. BIGNOLD.-A(LIBEL..) Mr. Serjeant Lens said. that this action came before the Jury in consequence of &cruel and malignant aspersion in vain attempted to be thrown upon the plaintiff. Far be it from him to blame the pub. licatioo of all the proceedings in Courts of Justice, which was not only a source of amusement but of instruction. It was the great cause wby men discharged their legal functions so well in all parts of the country. The practices and the proceedings of our Courts, and the principles of Eng lish law, were daily read by all persons. from the highest to the lowest. But the defendant could shelter him self under no privilege of this kind. He was the last person that should have published or remarked on a trial in which he had been a patty. The assignees of Mr. Waldegreve had brought en action against Mr. Bignold, m Secretary of the Norwich Union Fire Office, and recovered the sum estimated to have been lout.— Mr. Bignold afterwanh published. in the shape of hand•bills. re marks upon that trial. His " Sinumary." sulijoined to his re marks, was the libel which formed the ground of this action. "It 4.* should be remembered, that Mr. Waldegrave was insolvent. The •o fire happened on Saturday night. All suspicious fires occur on Saturday nig'ntror the next (Suoday). No cause has appeared tor sothis fire. " Phcy multi nut doubt fora moment, that the object of these obeereations was to fix upon the plaintiff' the imputation of having wilfully set fire to his premises. This was as false a. it was malignant; tt was suff cient. in order to show this, to refer to the verdict of the jury, who found the insurance bound to pay. This mid not have been done, if any suspicwa exited that the fire was wilfully mentioned. '• He heftiest bad terms with the landlord and occupier of the house." The house was the Bull-inn, Bishopsgate street. and the plaintiff was himself the landlord. This part, was exposed by its own absurdity. A mar. might be sometimes out of humour with himself. but that could nut be the defendant's meaning. Melted been then landlord of die Bull-inn ;he now kept an hotel in Brighton, in which it was hoped better fortune would attend him. . 0 The property was not his, but John and Mary Williams's." It vu sworn by die plaintiff (for the action having been brought by the assignees, he WAS a witness) that the property had been his. " The action having beer in the name of the assignees, he was a I , him's ; while I, by_ being defendr.nt, was prevented from giving tvidenee which would contradict him."' The members of the Nor a ich Union being very Numerous, it was noreasary to select some one, and none being better khown, or more naturally lined to represent their interests. the action was brought against their secretary. •• The sum insursd for was five times the value of the goods." This WAS false. for the whole WWI was recovered. Thus he never happened, by cadent, to be sight. They would give such reasonable satisfaction as the cam estened to diem to require. The plaintiff had once had a fortune t be hoped he wuuid have a fortune again. lie always bad a character unsullied and unassailed till tins malignant attack was node upon it. All that was to be done an the part of the plaintiff was to prove the defendant'.. hand-writing. Jeweph fames .knew of dm tire at inn it Was on the sth of Match. It was caused by a warn horse-keeper; who Wag blTTUNitOttittit ‘• 4 ;voige Calif:tail had valved she 49111b:if bemuse 7191: !Is.. That wen thaftiemehariet. , • , , " 174 " " 1 0 I ffrAturTri inse.aa s.tk”o3 9 ) 4l rot 44e adezain4' :rho 'E NATIONAL irot ant; he Printed &om. It was put in evidence, and read. Crux-examined.—lt cause to him in the usual form. The hand bills were te be given to the members of the institntion. George Clarke took a copy of the paper to be published in a news paper by order of the defendant. It was published; the paper was the British Ltuninary." The institution consisted of stow mem bers. . . William Cliamben. publisher of the " British Luminary," pub lished- this paper isquestiou. The circulation dike day was 2,000. It was a weekly paper. Mr. Bignold, defend-vies son, said his father had been secretary to the institution for 20 years. Hesitating to say whether his yearly income was 4 or .5.00111., or whether his last year's income was not (~Kilt.,. he was asked if he was not a math of conaiderable property, and answered in the antrusative. Crussexamined by Mt. Serjeant COPLEY. What ! D., you direct this action ? No. YO.l are not on ,voil terms with your P—lf I must answer that question. I rather say my father is iet n good terms with ma. Your father is not now secretary ?—\v. Was net Waldegrave's action defcntkd at the desire of the Direct ors P—No. Are you sure of that, Mr. Signals{ ?—To the best of my know ledge. You are not sure then that it WAS not P—l am; became. if it had bean, I should have had instructions from them, and I had none. Who were the **townies 1 1 —Lamb and Hawke. You area professional man yourself ?—I am. Here Mr. &titans Lens interposed : and contended that this er. . amination was calculated rather to injure the on than to sene tl e tither. ChiefJustice.—My brother Copley conducts the case extrenic'y well. Did you give no Manic.' ins in the cause ?—I did not. Were you DOW consulted upon it ?—.l DelTr was. I never had any thing to do with it. W u your father in town at the time ?—Was he not at your elbow understood he was. your father never speak to you of it ?—.Yes. once. What was the date of the uieeting at the George and Vulture ?—1 cannot tell. Was it not advertised previously foe a considerable time?—lt might for perhaps a fortnight. Mr Serjeant Copley now addressed the Jury for the defendant. and with great ingenuity attempted to show, that the sole object of theblication was, nut to calumniate or injure the plaintiff, but to justify Mr. Bigoold lot having defended Waldegrave's action.— Thisbecame necessary for him . . in consequence of the meetings held for the purpose of censuring h ip conduct in that case. Reading the summary with this view, they would find that it only contained the reasonable suspicions or impressions. which. whether right or wrong, if they really existed, justi fi ed Mr. Bignold in r•esistingWaldegrave's action. CHIEF JUSTICE.—It is irnpo sible to suppose. that a circulation of thousands of hand bills, of which some might be handed to passen gers in the street. anti of which a copy was published in a newspaper. was a privileged circulation. We can judge of meaning; as to motives, they are beyond our province. We can judge of meaning only by what a man says. lam of ?pinion, that ti,e object mani fenly is to impute the fi re to the plaintiff. It is impossible not to asl thin the object of the whole publication is to deprive the plaintiff of the protection which the verdict of ajury had afforded. It is fur you exclusively to estimate the amount of damages. But I lament that a son, en bad terms with his father. should ever be brought into a Court of Justice to prove the property of his father, for the purpose of obtaining heavy damages. Any one who brought him in this ease has done ill. • if he came of his own accord, it is to be deplored in deed. Wadies for die plaintiff—Damages 5001. CHILD-DROPPING.—About eight o'clock on Tuesday evening, a fine male child, apparently not a week old, was found in an old basket, having on a shirt, and wrap ped up in a piece of blanket, lying at the door of N: rs. Mary James, 24, Tash Street, Gray's Inn-lane. The poor child was nearly dead from cold ; it was taken in doors,where every kind attention was paid to it ; and after it was warmed and fed, it was carried to the workhouse in Little Gray's Inn-lane. Friday the parish officers, who have taken up the case, attended at the Police Office, Hatton Garden, where a private ex amination of all the witnesses took place, which lasted npwards of two hours. It appears that a young lady in the neighbourhood was delivered of the child in question on Saturday afternoon ; it was shortly after taken away by the midwife, to nurse, to a poor woman in Clerkenwell, where it remained until Tuesday after noon, when the midwife, who lives in Kirby Street, went to the nurse for the chill, telling her the lady wished to see it before she let it go to the country, where she intended to send it to nurse. The midwife satisfied the nurse for her trouble, carried away the child, and the same evening the child was found as above described. The nurse hearing of the circum stance, and having some suspicion, was induced to go to the workhouse, when she immediately identified the child to be the same she had to nurse. She knew it by having a particular mark, and it having on the same shirt ; but all the rest of the baby clothes were changed for the worse. She then gave the information that led to the examination. Two other women, who saw the child at nurse, proved the same. The midwife was sent for and cl o sely examined, when, to exonerate herself from the charge, she was compelled to disclose the unfortunate young lady's name who is the real mother of the child, and whose family are of the great est respectability. A warrant was granted to take the mother of the child into custody. . _ For same time past a fine French dog has been ob served at the west end of the town, going from door to door, begging. His practice is, if he perceives any person in the shop, to lift up his paws, and remain in that positiOn until something is given to him. 1f he does not see any one, he will enter and carry uff some thing. On Monday night, at dusk, he was seen going into Mr. Finney's shop, in Peter Street, and run off with a piece ofeatenet, which laid On the counter. It is evident the dog has been trained to the practice. The Gallery of, Pictures at Dulwich College is now s,loised,. and the several works it contains have been taken down for the purpose of being cleaned, under the directions of the Royal Academicians. /CT. Teesday morning, at 3 o'c lock, e the usnal ,m a ei pra i r i e t t 4 it . s .no p t r i e t . :, „ paratory to the execution of• criminals, miaw yard to the front of the Debtor's•door of isiewgate. • Prima this moment to the time of execution the crested increased till the Old Bailey and all the avenues to it were coonpletety tilled. At lialf•past s the Sheriffs entered the inner yard, when the prisoners, Driscoll, Weller, Willia ms , an d Ca•lsitiati, had their irons knocked off. At b o'clock the bell tolled as usual, and the prim:nets were brought out. A Quaker lady (Mrs. Ripley), who, on application to the Keeper of N etxgo te , lusd been admitted to the prisoners 444 Monday, and had taken much pains to give thesis religious instruction, was with them again by six o'clock in the morn. ing, by their own desire, and administered such con*ulittion t u them as 'teemed to tranneillize their spirit* considerably._ Driscoll ssas the first who mounted the platform, which he lid in a most hurried manner. and with great agitatine. Having ascended it, he gazed wildly around upon the spec. raters, and once or twice pushed his cow from his mouth. Weller was the next ushered to the scaffold, and lie exhibited .1 considerable portion of firmness. Williams followed, and his condor% throughout has been must exemplary. He Ili'. m in e d the justice of his punkt:meat, and his whole lime lic e seen devoted in pm eparive his soul for an awful eternity.—. J 4.11111111, alias Emanuel (fur this we midetstaud to be his .lathie) Wow ; he was a Jew, and by the tenets of Ilk Mosaic religion .1141101 permitted to sleep dining the night: was attended by a priest of ha ow* persuasion, and Me sa itipley, the Grater's, who manifested peat anxiety for his future state. Site accompanied him Oren to hit 'cadets!, but there her feelings overcame her, and she burst into tam.— l'he priest vs h., attended 111111 fill 4111111C.1 Nme es,ecui Muer with .4 gremlin kind of rap, which was bubstite teal toe the ordi nary one used upon such occasions. The WY Mir. Coitus was in attentlanve from an tally hour. By a quarter past eight o'clock, tell the unfortunate malefactui• were duty arranged, Driscoll labouring ender great emotion and ugitation. The Mosaic Priest, lime Rev. Mr. Devi -tens, amid the Reverend Mr. Cotton, continued fur a new es aitilreiolo g p rayers to the wretched delinquents, when Mr. Conon gave Ile fatal signal, and thus they werr launched into eternity. Immediately upon the unfortunate culprits Li iota lassalbed out. some of the populace vociferated—" Shaine! attune ! Murder ! murder I !!" After hanging the usual time, their bodies wart cat down, a given over to their friends for interment. • It is worthy of nut ice, that the Dank bad a holy of "nerds town especially for this occasion, lest any disturbance night .i.ise been oceasiutied by the people after the execution of •;4•lnnaii, Weller ' and Driscoll. Within the wall s u f Newgale ',reparations had al..° been made to resist any attack which m i ght have been made by the mob. For this purpose 50 or GO constables had been expressly employed ; and if any .ittark 1E4 , 1 hero made, the populace would have been foiled io .belt attempt. The petition purporting to be signed Gy Cashman. Weller, and Driscoll, inserted in a Sunday paper, was never even seen, much less signed, by these unfortunate individuals. On the day previous to the insertion of this petition into the pipet, it nits sent to Mr. Lie own, keeper of Neweate, enclosed iu :1111111011111011 , letter. requesting him to get it signed by these three men. Mr. Bruen did not even show the petition to them, but i 11111 l edit' tely transmitted it to Mr. Capper, of the Secretary of State's Other. The next day, however, to his surprise, lie saw this very petition in print, signed wills the names of Cashman, Weller, and Driscoll. The petition there fore was All far a fabrication that the very men who purported to sign it did not even know of its existence. At eleven o'clock on Tuesday night, a most alarming conflagration happened on the pralines of Messrs. Crane and Murphy, turpen— tine-manufacturers, Marsh-gate-lane, Stratford, by toe bursting of one of the iron pans, containing a large quantity of hot varnish, which in a few minutes communicated to some hundred* of barrels of pitch and tar that lay in the yard ready for delivery. The whole of the building was entirely consumed , and also the dye-house of M ews . Cullum; in fact, it threatened destruction to the neighbour hood. The immense iron receivers were melted by the excessive heat. _ Tuesday evening some persons were alarmed on pas sing through Essex.strtxt, Mile End, by hearing a cry of " fire, which con— tinued for a length of time ; at length a woman•who occupies an apartment in that street, on looking through the window, saw a mass of fames in an opposite room. She ran as fast as possible, and informed the people of it, and went up stairs, and on opening the door, found an elderly lady, who was in the house by herself, sitting in an arm chair by the fire all in a blase. Sever a l p a il s of water were thrown over her , an d the flames were soon extinguished. it appeared that her husband had just gone out, and she. being feeble and unwell, when her cloaths caught fire she was unabl e t o move , and remained in that dreadful situation till assistance ar r iv e d, by ' which time some parts of her body were burned nearly to a cinder. She was taken to the London Hospital, where every asinstanee was afforded, but she died in toe greatest agony soon after her arrival. J. Urmston, charged with the wilful murder of Mary, his wife, at West I)erby, and H. Nloncrieffe, charged with having violated the person of Anne Helene, near Lancaster, have been committed to Lancaster cas,le. Wednesday morning, during the heavy fog, as a gentleman was crossing Lincoln's Inn, and tak-mga pinch of snutf out of n valuable bux, a young villain snatched it out of his hand, and got clear off with it. Birdseye, a Butcher, at Bermondsey, was. on \Veduesday summone.l betere the Surry Magistrates, and fined for exercising his trade on a Sunday. Thursday morning, between three and four o'clock, a man catered the bedchamber of Mr. Fox, a student at St. Thomas's Hospital. through the window, went to an adjoining room, broke open a writing desk, and stole 151. He then returnee to the room where Mr. F. was in bed, and stole from the poceet of big pantaloons purse, containing a considerable sum, and was t..kMg a 'yawn twat the bedside, when Mr. F. jumping out of bed btlitial pre robber : and after a struggle regained the watch.—Having disengaged him. self from Mr. le. the thief escaped through the window, and in his hurry he (flopped the purse, but retained the 151. On Wednesday evelung, between five and six o'clock, a person of very genteel appearance, and good address, sent into the shop of Mr. Coventry, brella manufacturer, 3a, Ludgkte s re -et, under pre tence of purchasing a silk umbrella Several *ere shown to tom, and objected to, as nut sufficiently good in quality : at length he fixed upon one of a superior kind, tor which he agreed to give 845., and took oat his purse apparently ior the purpose of paying for it,• when he pretended to discover that he had *Wheaten elusive: be, how. ever, said it was of no consequence, as he was at the London Coffee house, a few doors lower, audit Mr. Coven's". would send his boy with it, and a bill and receipt, he would payhito directly. He awn gave hi, name, Mr. 'Dolor, and praewleci Immediately towards the London Cuffi:e house. A few minutes 'Bent ards Ms. Coventry's boy took the umbrella, as directed, and found the gentleman sitting in the Coffee room, who told him to leave it, and gn back and bring him an unrurella tit for a servant. The boy went back to his °vista, and returned with a gingham umbrella of leak value ; but fe the interim the swindler hod decamped with his booty. Ile was nut stall knows at the London Coal bowie. •Me do :111i -4. ...i~ , *6 a t •I