The National Register. — London, England, 1821-06-17 00:00:00

LAW REPORT. COURT OF KING'S BENCH, Just, DA% Y V. isomexisison. This was an scum for the repairs of a house. The tenement in question is situate in Albion-place, lilac friars, and belongs to the city of London. it was de mised by the city some years since to Mr. John Soane; Mr. Soane let the house upon lease to the plaintiff, Mr. Davy; Mr. Davy underlet it to Coe defendant, Mr. Hodgkinsosi and Mr. Hodgkinson, in nis turn, let it to a certain Mr: Hann. Throughout the lettings there was a clause fur keeping the premises in tenantable re pair; and, upon the determination of the original lease in the course of last year, a claim for dilapidation rang, e•ctia like, a signal fur strife to all concerned. The city demanded 1081. for repairs; Mr. Soane put the onus upon his lessee, Mr. Davy ; Ms. Davy shifted the claim to his tenant, Mr. Hutlgkitisim ; Mr. Hodgkinson„ in his turn, attacked Mr. Mann; and Mr. Mann, having tin one in Isis rear, stood boldly at bay, and refused pay ment. Legal proceedings were, in consequence taken ; Mr. Soane recovered by arbitration against the present plaintiff, Mr. Davy ; and Mr. Davy, in due course, for amount of repairs, and costs of defence to Mr. Soane's suit, now brought the action against Mr. Hodgkinson. Time juty found a verdict for the plaintiff.—Damages to be settled out of court. CAPON D. CROPS. This was an action for money had and received. The plaitstiff is the widow of J. Caput', a cowkeeper ; the defendant is a cow-keeper in his own person. Mrs. C. SOull .t ter her husband's death, purchased a certain stock in the three per cents. reduced; subsequently, she trans (erred her property to the navy five per cents., and placed it (in trout for herself) in the name of the defendant.— The defendant held the stock for a certain period, and sold portion of it, from time to time, for the use of the plaintiff: at length the executors of John Capon set up a claim to the remaining part; and Mrs. Cross in defi ance of notice from Mrs. Capon, delivered it into their hands. Mr. Gurney now contended, that as the defendant had received the property only front the plaintiff, to the plain tiff alone he was entitled to give it up.— The amount of the claim was 2061. Mr. Marryat, for the defendant, pleaded that Mrs. Capon had purchased the stock in question with money purloined from the estate of her husband : he also pro posed to show that the delivery by Mr. Cross had been made at the desire of the plaintiff herself. Witnksses were called on both sides: the evidence was contradictory. The Lord Chief Justice left it to the jury to say whe ther the payment by Cross to Capon's executors had been made with the plaintiff's assent, or in defiance of her prohibition. It was difficult to discover whence (except from the husband's estate) the purchase-money of the stock in question could have come; but his lord ship did not think that, after taking the property in trust from Mrs. Capon, the defendant could, without her con sent, deliver it to any other person. The jury found a verdict for the plainuffi—Damages 2061. COURT OF COMMON PLEAS, Juns 15. BEER V. WARD, CLERK. This important case having been specially fixed for to day and to-morrow by the Chief Justice, at the joint request of both parties, the court was thronged at an early hour this morning, and the galleries filled with ladies. It is, we understand, an issue directed by the Court of Chancery, to t►y the legitimacy of the birth of Mrs. firer, in the year 1741 ; and the question involves a very considerable property. The Solicitor-General attended to lead on the part of the plaintiff; and Mr. Searlett for the defendant. After the jury was sworn upwards of an hour and a half was consumed in private discussion be tween the cot" ' and agents at both sides; the result of which was a,,. oliedtion by Mr. Scarlett to his lordship to postpone • to some future day, he Mr. Scarlett, not finding himself in that state to make a defence in which he expected he should : and if, by the day to be appointed, he did not find himself in a better situation, his lordship, would not be troubled with the case at all. This proposal, after some hesitation, having been as sented to by the plaintiff's counsel, his lordship fixed the first Monday after next term for the trial. The court -then adjourned until Trinity term. 4:)olt&. MANSION-HOUSE. Mr. Parkins attended, on Frid.ty, at the Nlansion 'louse with two persons, who were prepared with p pers, and who were, we understand, witnesses whose err. drsice he intended to offer upon some application which he intended to make against the society, called " The Constitutional Association." _ Mr. Parkins stated to the Lord Mayor, that lie was prepared with witnesses on tie matter to which he had before claimed the attention of his Lordship. But he said Mr. Harmer, who had been engaged in the business, and who had some necessary papers and documents in his possession, without which they could not enter into the business, nor did he wish without the aid of that gentleman, had been unexpectedly detained in a case of importance in which he was engaged, but whom lie expected its a short tune, if his Lordship should he able to stay longer in the chair. The Lord Mayor said he was obliged to go, in the course of a few minutes, to take the chair at a cal 33333 ittee of privileges respecting the claims at the approaching coronation. His Lordship expressed his readiness to give the matter due attention on the first (lay that should be convenient to Mr. Parkins and the other pontifical. Mr. Parkins said, that as his Lordship would be un able to enter into the matter that day, he (Mr. Parkins) cieAld not at that moment fix any time when he be able to bring the matter forward, but it should be on the earliest opportunity. After some liirLlivr tcal,V , l,alion, Mr. Parkins 1,-it THE NATIONAL REGISTER office accompanied by his witnesses. It was understood that the case is postponed sine die. MA It LBOROUGH-STREET. CHARGES or CHILD-STEALING.—On Friday, Eli zabeth Marks, a young woman about years of age, of very respectable appeatance, was brought up in custody of Humphries, a constable, of Paddington, charged by several respect able inhabitants of that neighbourhood on suspicion of enticing and stealing their children, and also with robbing them of their clothes. The prosecutors are, Mr. Evans, of the Harrow-road; Mr. Manning, of the Edgeware-road ; Mr. Nichols, of Paddington-green; Mr. Smith, farrier, of Stingo-lane, New-road, &c. seve ral of whom were in attendance, accompanied by their little innocents, who had been enticed away from their homes. About a fortnight since a child belonging to Mr. Evans, and two others of the families of Mr. Manning anti Mr. Nichol, all under five years of age, obtained leave from their parents to play neartheir father's houses on Paddington-green. During their absence from home a woman accosted them, and through the medium of offering them playthings and cakes, they were induced to follow her until they lost sight of their direction home —then, under a pretence of taking them to their friends, she led them across the fields through St. John's Wood. On her arrival in a field near P • use-hill she stripped two of the children, but was prevented stripping the third in consequence of a gentleman appearing near the spot, which caused her to make her escape. The pri soner then left the poor little babes to wander about in the solitary fields, far front their homes, she having with her their clothes. They remained there until a late hour iii the night, when their mournings attracted the attention of a woman who belongs to a brick-field near the spot in which tlrey were left. She was induced to proceed thither, on which she found the innocent little creatures sitting altogether, cold, trembling, and almost heart-broken, and nearly drowned in tears. The appear ance of the stranger seemed to endow them with new life in their forsaken situation, and they begged to be taken home. Mr. Manning's child lied the whole of its clothes on, but the other two were merely left with a trifling covering. On the woman inquiring of one of them where its friends lived, all that she w.,s scarcely able to utter was " Paddington-green." The woman accor dingly took the poor little wanderers to Paddington green, where she had the good fortune to trace their almost distracted parents, whose feelings at beholding their children, who had been lost during the whole of the day, can far better allow of conception than description. They had been searching after them all day, and all hopes of finding them were con. sidered vain, as some accident was concluded to have happened to them. On questioning one of the children as to how the offence was committed, she innocently answered " that a woman took them all away to take a walk in the fields, and they were to have a feast of cakes. The woman wanted to take their frocks off, anti they said, their mother would be so angry if she took their frocks." The woman then went away from them, and they could nut find their way house. Several other chil dren have been stolen, under similar circumstances, and robbed of their apparel, but no discovery as to the thief could ever be made until a short time after the above children were stolen, when the same woman, which is the prisoner, had the audacity to make her appearance near the spot from which she had enticed them. She was in the company of an elderly woman—the moment Mr. Evans' child saw her near its father's house, it cried and ran away, screaming out—" here is the woman who took us away," aril was extremely 'tightened at her appearance. Fortunately Humphries was passing at the nine, and knowing that some children had been stolen, he asked the child, which woman," and he took the prisoner into custody. The old woman, her companion was lost sight of in a moment. He took the prisoner to the watch-house, and then brought her to the office. She confessed having stolen the children, and stripped them of their clothes which she afterwards sold in Ox ford-street. The prisoner stated that she formerly lived with Mr. Ryder, of Maryletame-street. Another inhuman case of occured about a fortnight previous to the above. It appeared that Mr. Smith of Stingo-lane suffered his child to walk with him into the New Road. Whilst he went into the field to get one of his houses, the child was stolen away, and he was not discovered fora length of time afterwards, when he was found in Bethnal Green workhouse, to which place he was taken on being picked up in Bethnal-green, under the most distressing circumstances, after being de.- ' gated by the woman who had stolen him away. The' poor child was nearly 111 a state of nudity, and almost starved. According to the child's account, he was enticed away by a woman, who offered hint cakes. She carried him anolit begging, and made him beg also, and dressed hint badly, after stripping him of his own clothes; she after wards deserted him. ; Rewards were offered for this child, but no tidings could be traced of 11,111 through the me dium of the rewards alined. Mrs. Smith, in conse quence of the child's absence, and her sudden surprise at its discovery, is now on a sick bed in a very precarious situation. The child of another gentleman of respecta bility, residing in the above neighbourhood, has also been stolen, and although missing for a lung time, no tidings can be traced of it, and others have been stolen. Mr. Farrant, the magistrate, considered the children too young to become witnesses, and thought it necessary that further information should be procured against the prisoner. Front the number of children that have been stolen, it is suspected that there is a gang of wretches who gu about for that purpose, and make a traffic of the chil dren's clothes. If any person have lost Moir ch i ldren, it would he well that they should ;went: at tic, nom examination, which will talie place at Fritl:v j next, w which ti we the prisoner w.a remanded. ATTBMPT Al ASSABSINATION.—Thursday wowing great alarm awl anxiety were excited ac the west end of the town, in conr•cptence of a desperate attempt upon the - _ life of Major-General Eadon, at his residence in Berke ley-square, by a man named William Padmore, between :it and 40 years of age, who, under pretence of commu nicating souse private business to the General, sought an interview, and with a butcher's kink stabbed him in several parts of the body. The prisoner was taken into custody immediately, and carried to a watch-house, from whence he was conveyed in a coach without loss f time to Marlborough -street, handcuffed, in charge of several officers, followed by a vast crowd of persons. On being placed at the bar, he evinced extreme agitation. lie was decently dressed, and, we understand, has a wife and family. The crowd in the hall and outside of the office, during the examination, was great, and the officers had considerable difficulty in preventing persons from forcing their way inside. J. E. Conant, Esti-. immediately attended to the cue, and Sir William Eadon, the General's nephew, and se.. veral of his servants, attended to give evidence ; in hearing of which the time of the magistrate W 36 occupied several hours. Mr. James Earl, surgeon, of George-street, Portman square, stated that he came to the house of General Eadon, and on his arrival found him weltering in blood, and in a very faint state; examined his wounds, of which he found there was one of a very serious nature. Did not apprehend any immediate danger, but it was impossible at that time to give a positive opinion. He dressed the wounds, and had the General removed to his bed, lie received a wound also in the hand. The prisoner, on being called for his defence, main. tamed at first a gloomy silence ; but at length turned towards the magistrate, and said, " I have had cause fur what I have done. 1 know the dreadful situation in which I stand in consequence of it ; but my determina tion wasfixed, and my mind made up to abide the result. I must decline for the present, saying more." These words Were uttered with a tremulous voice, but with a counienance frowning and sullen; and the prisoner turned away from the bar, as if anxious to avoid the gaze of the persons present. Mr. Conant remanded the prisoner till Thursday. OLD BAILEY SESSIONS. SMUGGLERS. THE ICING V. WEST, BERNE, AND OTHERS. On Saturday the court was occupied in the trial of James West, William Beere, John Richardson, and others, smugglers, for the murder of Mr. S. Snow, a mid shipman in his Majesty's preventive service. The Attorney-General opened the case. David North deposed, that he was a quarter master in the Severn frigate, in the blockade or preventive service. In the month of April last they were stationed at Herne Bay, Kent. On the 2341 they were called out on the usual service at 19 o'clock at night. Witness was under the command of Mr. Sydenharn Snow, a midship man in the preventive service. On the morning of the 24th, at a quarter before three o'clock, they sew Mr. Saow, and in about four or five minutes after they heard a pistol or unnsket-shot, and then a whole volley of mus. ketry, towards the direction where Mr. Snow stood.--. lie then heard repeated cheers of " Kill every b—r on the beach!" lie knew the tire-arms must have been loaded by the whistling of the bullets; he then retreated up the bank, until he saw a party come to his assistance. He had a pistol and cutlass. The pistol he discharged after he had been fired at, and then he saw their rues approach in all directions to their assistance. There was very little rmxmlight, but constant flashes of lightning. He saw a number of men, hut could not distinguish one from another. There was more firing from the eastward than any other direction. Many of the bullets came near him, he knew by the voice of them. He could judge they were fired at him, and not in the air. Several witnesses, among whom were two accomplices, stated the occurrences of the night in question, of which we gave an account in our poiice report when the pri soners were examined and committed for trial. THE DEFENCE. West, on being called upon, declared he was innocent. Ikere wade a similar declaration,and they both explained some circumstances stated in evidence.—The two Itt chattlsons and Williams contented themselves with a general declaration of innocence. Webster said he was at home, sitting up with his father in law, who died on the night of the atlair at Herne Bay. A number of respectable persons positively contra dicted the evidence of the approvers, and the prisoners received very good characters. Mr. Justice Bayley commenced summing up the evi (knee at a quarter before seven o'clock, and fininished at hall•past nine o'clock. The learned judge, in con clusion, said, with great feeling—" Gentlemen, we have now arrived nearly at the conclusion of this most mo mentous case. and I have endeavoured to the best of my ability to lay the facts before you in the clearest manner. It has seldom been my task to preside upon a trial of higher importance than the present ; important, both as it regards to the interests of the public and the welfare of the prisoners at the bar. In your consideration of the case you will remember, that according to the testimony of unimpeachable witnesses, a very wicked outrage has been committed, and a gentleman who was in the exor cise of u duty which he was bound to perform, has come to Iris death by a lawless band; hut, on the other hand, you will also recollect, that the lives of the six men at the bar are at stake upon your verdict, and unless you shall be of °pillion that the evidence is so clear as to produce in your minds a certain conviction of their guilt, you will give them the full benefits of your doubts, and return a verdict of acquittal. With reference to this part of the case, I cannot too strongly call to your recol lection the extraordinary good character the prisoners have received. Character, however, gentlemen, ought not to weigh against lacts ; if you are satisfied with the evidence that has been adduced, you are bound injustice to the public, and by your own oaths, to pronounce a verdict of (witty if you are not perfectly satisfied, then you will take character into your consideration, and let it operate powerfully hi favour of the prisoners. Gen. ..,~ 190