The National Register. — London, England, 1822-05-27 00:00:00

~....' purpose of seeing whether the hop ground brewery at Stratford could not be disposed of for the benefit of the creditors. Liberty was given to the assignees to sell the property, and lne of the creditors recommended Mr. Mason to the assignees as a man every way able to dispose of the brewery. The plaintiff was accordingly employed, and several persons, whom he procured as purchasers, went down to see the premises, and at last was the means of introducing • Mr. Smith, who purchased the brewery for the sum of WWI. The assignees were satisfied with the bargain, and executed a conveyance of the property to Mr. Smith. Several witne►ses proved the above statement. _ . Mr. Scarlett, on the part of the assignees, called Mr. Francis Hudson, formerly a partner in the brewery, who stated that be was employed by the assignees to carry on the bu►iness. He saw Mr. Mason on the subject of getting q partner, and he told hint the affairs and state of the brewery. The witness ulti mately abandoned the intention of getting a partner, and Mr. Mason was employed in getting a purchaser. Cross-examined by Mr. Marryatt.—He said Mr. Mason came down to the brewery with several persons, who wished to become partners, and among others with Mr. Smith, who finally closed a hargain with the assignees. This was after the wit ness had abandoned the intention of getting a partner. The Jury, without hearing ■ reply from M. Marryatt, found a verdict for the plaintiff—Damages, 281. 10s. THOMPSON S. SHORT. Mr. Campbell stated the substance of the declaration, which art forth that the plaintitf employed the defendant as a broker to purchase for him ten shares in the Gas-light Company, and that having purchased them for 2821. he represented that he could not obtain them for leas than 3821., by which he defrauded the plaintiff of 1001. There were other counts, not imputing fraud, but negligence in the discharge of the duty of agent, ■nd not buying at the lowest price which would have been taken. The Jury found a verdict for the plaintiff--damages 1001. The Lord Chief Justice said, that the defendant might be ignorant of the fraud, but be ought to have protected the in terests of his principal with greater diligence. COURT OF COMMON PLEAS. WEDNESDAY, MAY 22. SOOT r. DUNCAN AND KADON. This was as action brought by the plaintiff to recover da mages fur an aasetalt, alleged to have been committed by the defendants. Sergeant Vaughan conducted the case for the plaintiff; and, from his statement, it appeared that the whole of the parties are persons of a respectable station in life, and reside in the hamlet of Mile-end New Town. The plaintiff is a gentleman retired from business. The defendant, Mr. Duncan, bad been a captain in the navy, and is a retired ship-holder, and Mr. Endo°, the other defendant, is • ship builder. The two defendants had been concerned in • snit at law, in which, from the temper subsequently manifested, it did not appear that they were sac cessfuL On that trial Mr. Boot, the plaintiff, was 'Optioned as a witness, but not examined; sad this appeared to have es cited great ill-will towards him in the mind of Capt. Duncan, and that his friend, Mr. Eldon, strongly participated in this feeling, which both maintained until the oppor unity arrived oa which they coivinitted the assault complained of, and which was afterwards detailed by the wit in evidence. Mr. George Bowyer, • wine-merchant, of Stepney, was the first witness called. Ile stated that be was acquainted with the parties, and saw them all at a parish meeting held for the purpose of electing trustees, and Mr. Kaden was one of the candidates, and strongly supported by Capt. Duncan. The plaintiff came up to the table, whether in sup port of the other candidate or not the witness did not know, but he recollected that Mr. Eado• accosted him with you (else swearing scoaadrel, or villai•, you forswore yourself," which he repeated, and tapped on the alai:Hader of Mr. Duncan, who also assailed the plaintiff, and the witeess saw him spit in the face of the latter before the whole assembly, and a cry of shame was raised, when some persons interposed, and the parties were separated. Mr. Duncan was a very tall and stoat man, but the plaintiff short and diminutive. Mr. Pettit, and two other witnesses, corroborated the &Wa imea of Mr. Bowyer. Wit were called on behalf of the defendant. but they failed is altering the complexion of the facts of the cue proved against the defendant. The Jury deliberated fora minute, and returned a verdict for the plaintiff.—Damages 1501. SELL! V. HOARE AND CO. la this case it appeared that the plaintiff was a publican, renting the Coach and Horses,• public house in St. John-street road, from the defendants, who were brewers. They wishing to get the house into their possession, proposed th-t the plaintiff should give it op, to which the plaintiff consented, provided a person named Fancy was substituted in his place. An agree ment was made between the parties, that the plaintiff should re ceive the value of the fixtures and furniture; and also that be should be allowed the expenses of the repairs whisk had been made on the premises. The sem agreed upon for the above items was 4201. by a valuation made by a Mr. Powell; and 111. 17s. for the repairs. A valuation was afterwards made of the furniture and fixtures, by a man named White, a broker, who bad formerly been employed as a valuator by the defendants, which amounted to 2521. In consequence the defendants re fu.ed to pay any more than the latter sum, as also the expenses of the repairs. The plaintiff then brought his action for the difference between the two valuations, amounting to 1601. and the repairs, amounting to 431. 17s. when the Jury found a ►erdict for the plaintiff for 1021. Mr. Sergeant Vaughan, in the early part of last Term, ob tained a rule to show cause why this verdict should not be set act le, and a new trial granted, on the ground of the verdict being against evidence; and the cause was now shewo by Mr. Ser geant ['ell, who coutesded that there could be so grounds for this application, The Lord Chief Justice Dallas declined giving any opinion with regard to the case, as he had tried it. Sir. Justice Park and Mr. Justice Richardson, stated it to his their opinion, that a new trial should he granted ; not upon the merits of the case ; hut as there had been some imputation thrown on the defendants of improper conduct, it was proper they should have an opportunity of clearing themselves. Mr. Justice Burrough was of opinion that a new trial should not be granted. Rule made absolute, with coats. FRIDAY, MAY 24. sroterion.—GWYNNE e. tang' vs. Mr. Sergeant Lens stated, that this wan an action brought by the plaintiff, a widow, against Um iefendsnt, a aurgeon, to reco ♦er whatever compensation damages could afford her for the seduction of her daughter. The plaintiff had been left a widow with three children, two daughters and one son, and in order to maintain them had established a small public house at Mehlrells, ■ear Cambridge, where they all resided. If any thing could add to the guilt of seduction, it was when the defendant po ed, as in the present ease, by mean's( his peculiar situation, &dus- ~... -.• THE NATIONAL REGISTER tape which be lad thus grossly and wantonly abused. The defendant attended the family, whose peace and happiness be had thus overturned, as their medical adviser, and this situation not only gave him a freedom of intercourse, possessed by no other individual, but occasion that intercourse to he watched with less suspicion than would have been the case with any other person. Titling advantage of this circumstance he had seduced the daughter, and had effected his purpose too at the very time when she was just recovering from an illness which had afforded him the means of frequently visiting her. The defendant was then about 30; and the offspring of his artifices about 16 years of a ,e. When this was first discovered by the mother, he had expressed his sincerest regret, and bad stated that his intentions to her had alway• been honourable, and as soon as possible he would fulfil them, lle had since however destroyed his power of fulfilling them by marrying another wo man, and the plaintiff beit n , thus disgraced and injured was ob liged le have recourse to the tribunals of her country for thst justice which this individual had denied her. The learned Ser geant celled the brother of the plaintif f and the daughter herself, who proved the case. Mr. Sergeant Vaughan addressed the Jury for the defendant, and stated that be should adduce evidence to slow that this daughter had not only permitted, bathed actually solicited, cri minal intercourse with other persons. Witnesses having been examined for this purpose, Mr. Sergeant Len, replied, and observed on the improbability of the circumstances detailed by the witnesses, Lord Chief Justice Dallas left it to the Jury to decide whe ther they 'mild believe, on the evidence of the witnesses for the defendant, that this girl was gnilty of the profligate and gross conduct with which they bad charged her. if they thought that the tale told by those witnesses was false, then the wickedness of the defence heightened the aggravating circum 'tenets of the crime. The Jury asked what were the circumstances of the defend ant, when they were told that no evidence of his 'possessing any property had been given, and he bad only been an assistant to • surgeon at the time of the seduction. They then gave a ver dict for the plaintilr—Damages 1501. lied, and wished not to proceed farther ; perhaps you are of the ranee opinion iii this case." The Jury expressed themselves quite satisfied, and ac gained the prisoners. prosecutor applied for his espences, which were indignantly tenured by the court. BULLOCK•HUNTINO.—George Royffe, Joseph Royffe, and Joseph Young, were put to the haw *von ■n indict ment charging them with cutting and slabbing J. Bares, with intent 1./ murder him. There were other counts charging the intent differently. Mr. Andrews said, the prosecution was instituted by the parish officers of Spitaffields, fur the purpose, if porrible, of patting au end to an evil which had fur years existed in that and the adjui • g parish of Beilmal.gieen, wsere it war the crodons every Sabbath-day for vast crowds to ■.. semble for Ilse amusement, as they termed it, of bullock hunting, which led to every other %peeler of outrage. lib phonid first call time surgeon, in older to save the Issue of the court. Mr. Baron Darrow, addressing the Jury, said, that upon this evidence the prisoners were entitled to au ac quittal upon the present indictment, but be should most certainly older them to be detained to be psoseculed for the assault. It might, perhaps, be metal for men like the prisoners to know a hide of the law as it would apply ter the present charge, and he would thee efure stale ' , AC tier law upon the subject was. It a set of men, armed with sticks see other weapons, went out for the pee pose of bat. lock hunting, or any other unlawful purpose, with a oleo ei - annulate' at ell hazards to stand by each other in the prosecution of that purpose, and in consetf►euce of sued determination any one of the King's subjects met with death, every mail of these would be beyond all doubt guilty of 00000 rder. And further, if the uniortesuate animal which they were tormenting, should, while ia , irstate pro bably of madness , (occasioned by their brutal treatment, gore in 4, lierwise cause the death ufany peaceisbk subject, then also, those engaged en the scandalous pursuit would, in the e! e of the law, be guilty of time crime of murder.— He hoped these oh [ions would have same effect in checking the disgraceful scenes which were witnes.ed every succeeding Sabbath, at the east end of this metro polis, The Jury acquitted the prisoners, but they were de tained by order of the tearnedJudge. FWVILVY, MAI{ 21.—Tbis morning Ann Mount ford was pat to the bar, charged with one wilful murder of Lucy, her infant child, by severing its bead lions its body. Mrs. Mary Leland lodised in the house of the prisoner's• husband, who is a weaver. They had ten children ;. the youngest was Lucy, aged about AMC mouths. The hus band 'dike prisoner, ow Sunday morning, the loth Msv,, weal out to chapel. In a ►hort time after, a knock came at witness's dour, and when she opened it,. the pristiner exclaimed in a frantic manner, Initials; lip her arms, " I have killed-little Lucy I—l have Cut her head ofil—semt for an Aker." Wittman' was homer struck., and- would not at first believe it, but she saw blood on the prisoner's hand and clothea—Witnees is positive that at the time she was in a slate of insanity.. By the Comet.—She was uniformly kind and teenier to all her children t slur was a must aitectiouate and kind mother. She was of • religions tame and west regularly to chapel every Smithey. Slit was a perfectly sober au. man. Witness had had childless lieeself, and knew th. 4 at such a time, owing to • suffering' of milk, and its not heiog drawn off, the mother was very likely to suffer both in Moly and amid, ■'cording to her steength mill other circtustetances. Witness first advised her to wean tho child, and abort a week alter she commenced duiug so. She asked her if she had weaned Lucy, and she replied, " No; it was so delicate, *lie could not bear to wean it." She appeared to suffer iu her own health very inetcriciy by suckling the child. The prisoner, when asked if she had any thing to say In her defe nce , ruse from her seat and said, in a low tone' —" I wish to be allowed to returm home to my lawny, if possible." Thomas Tuff, brother to the prisoeer r s•id, itC remern. bered an accident which occurred to him when he was about tell yea-s of age, in ounotequence of whieli, she was struck senseless, antecenti 0000 ed in • state of derangenselot two years.. His mother bad been afflicted with insanity. Dr. ailton, • etergeoie is Carey•street, Lincolees-ino. fields, said, ha attended the piisouer two years ago is bodily illness, and lie observed a great degree of liespOU denry, of such a kind as indicated a pre-disposition uo insanity. 'flee iffy here declared themselves satisfied, and el - quitted the prisoner on the ground of insanity, which bob. jects her to corfiiiement in the Lunatic Asylum dialog his• Majesty's Omni e. At one o'clock, Mr. Law moved their Lordships, en behalf of the Constioniional Association, fur an order that • certain 1111111 then io Nesvgair, uu • coat ge of puldishing a blasphemous libel, and who had refuseti.to disclose his name, .. , nold be conveced in proper custody byline the Grand Jury, in order that lie :Hight be identified, • fiesta bill being almost to be peeferred igatn►t The teamed Judges acceded lit the motioe, anti " the man unknown" was brought from Nrwgate, by direction of Mr. it/outlier, the governor, and taken to the ligaud Jury room. Ike bill of indictment was then presented to the Grand Jury by Mr. Murray, and William Smith, the witness, a tw 'mochas:ld the pulnication tineitiou, was 'stied in, end swore that lie was lilt 11141111 who sold it to him iu Carlilet shop. '1 ho defendant was then asked what his name was, but lie refused to tell, and was conveyed hack twprismi. At live o'clock the London Grand Jury cattle tato court with the Irnisinder of the bills which had been prevented to them, and among them was WIC bill :44ai11)1 a whose name is unknown, but whose person us known to the 3111011., for a Misdemeanour." James Edwards, aged IT, and James Flitter. aged I.'. were capitally indicted fur steeli.iig Is engraved t gyp. I - plates, seine lOul. the property id Wm. Matthews, in li:v dwelling hostile; and Wm. Hisinertuti was indicted fur re ceiving the /same. knowing them to have been stolen. It appeared in evidence that the pi ;saner Edwards lodged in Mr. Matilievis's house, and avaik.d hitiaelt of the opportunity tows allot tied him wf pniloining the plato in quilitinitoe lack had been sent to Mr. Matthew. to print from, and had tithes them to Flawn aad another boy (ad mitted as evidence), who conveyed theta hi the pruota r Hanieston's house in Short's-gardens, Drury lauc,and sold them to INnt for halt . ' crows a plate! Edwards was fogad guilty--Death i and liamerton was found guilty of the rectirriag, which subjects birsi to 14 years traasperlatrea. OLD B4ILEY SESSIONS. WEDNESDAY, MAY 21.--The sessions commenced this morning heron.: the Lord Mayor, the Recorder. the She riffs of London and Middlesex, Sir John Perring, &c. At half past ten o'clock Mr. Justice Bayley and Mr. Baron Garrow came into court. There are for trial VT prisoners for London, and 167 for Middlesex, one of the latter of whom is indicted fur wee der, J. Lomas, a respectable looking young asap, whose trial was put oi•last sessions at his own septum, was psi to the bar, capitally indicted for having paid ■way a certain forged note, value HA. with intent to defraud the Hank of England.—. The prisoner pleaded guilty. Mr. Justice Bayley told the prisoner he had better re tract his plea, because the court could not take into their consideration the circumstance to assist him; and there -I•ure he would recommend the prisoner to re•consider the matter, and would give him two boors fur that purpose. It would, he said, be more satisfactory to the court sud the public, for the prisoner to plead nut guilty. The poisoner replied, that he should still aNsert hia guilt, and persisted in abiding by the original idea. He was again indicted for a similar codeine, and again pleaded guilty. There were 14 oilier iudictonents agionst the prisoner of a like nature. His plea of guilty was then recorded. John Bash, aged 9.5, was capitally indicted for stealing nine gowns, and other wearing apparel, the property of Mary Sparkes. 'foe prosecutrix is a dress maker, residing on Chelsea Couinum, said on the day staled in the indictment she left her sitting-room, where I valuable d r were lying, for a few minutes only, the front door being then open. When she returned, the met the prisoner iu the passage with the dresses rolled np under his arm. She insmediately seized I by the collar, and shook him until he dropped the bundle He straggled fur some time, and at length got from her grasp, and ran into the street. She however, pursued him, calling •• Stop thief," mid lie was secured by a gentleman who was pathriug.—He was found guilty—!)oath. Mr. Baron Garrow, in ordering Miss Sparkes her ex pollees, said he should not do her justice if lie neglected to tell her that she had dune the public a service by her intrepid conduct. John Greco was Indicted for stealing G reams of paper, value 91., the property of Mr. Sainsbury. The prosecutor is a hut•presser in Ship-yard, Temple bar, and ill/ March last he had six reams of paper to picas tar a stationer, named Smith. The prisoner, who was in the employ orient of a Mc. Taylor. a glides, was sent by the latter to fetch the paper in question, fur the purpose of being gilded,and having got possession ail, he converted it to Itis own use —He was found guilty. lie was afterwards tried upon another indictment for a similar offence, and I . ollllltl gatity.—The pti►ener was told lie must expect to .rave the country. John Clairton was indicted tor stealing a scarf, a pair of gloves, and a few other trilling at tile property of Esther Woodley. The pi osecutrix is one of the unfortunate women with whom the streets of tic• metropolis *humid, and late at night the was met by the prisoner, who prevailed upon 11.. at to take him home for a very it Aug consideration, and while she was asleep lie packed up file few thing , he found in the room, and went away with them. He was taken two nights atter. lie was found guilty, and Mr. Baron Garrote told him that a than w hit could be capable (deciding to the distress of a wunrau in the unhappy situation of the prosecutrix, ould experience no mercy. He would certainly be aim traced to transpoitatiou fur scree years. Rebecca Martindale, an elderly woulan of respectable app.:seance, was indicted for stealing eight yards of clim bs ic, the property of J. Spat kes, im ills dwelling bourse.— The prisoner weld into Mr. Spat kes' shop, guider pretence of purchasing a slip of cambric, WIWI' she pia an entire piece into a pocket curiously contrived in trout of her gown.—The Jury fusiud her guilty sit:stealing to the value of 995. THURSDAY, MAY 2 3. — Peter Hatton, Wen. IL Lowell, and JAIIICS Brown, Mete capitally indicted for assaulting Lewis Rinshum. ha a place near the highway, potting bins ill fear, •sid taking from his person a watch, va lue 71., and Ss. lid. in monies, numbered, his ploperty. After the prosecutor had been examined and eras*. examined, Mr. Justice Bayley said-- .. Gentlemen of Use Joey, you tutiutated to rue iss one case that you were salts .71e'