The National Register. — London, England, 1821-07-29 00:00:00

that the Jury should be conducted iron court and on their assembilng in the box, inquired If there was tiny thing in which ire could assist ;hem. Foreman—My lord, we cannot agree ; there is no pro bability of oar doing so. Mr. Justice Best—l am sorry for it gentlemen ; but I can • not assist you. A Juryman—My lord. I think tire foreman was prema ture in troubling your lordship s with a little more discussion we might have agreed. A.:other Juryman said—My lord, there is obstinacy. Second Juryman—This is invidious, I am not the only one wins stands out ; there are four of us. The foreman expressed his opinion that they should not agree. Mr. Justice Best—Gentlemen, you must see the impro priety of this puolic discussion : you bud better retire, and endeavour to ;wee among yourselves. The Jury slain retired, and at eight o'clock desired their families might be informed that It was not likely they would return home before the morning. WIBUNIL.DAY, JULY 95. At tire meeting of the Court this morning we learnt, that the Jury impannelled in this case still remained shut tip in the CollllllollConncil Chamber, not having been able to agree in their verdict. At I l o'clock Mr. Cooper, the defendant's Counsel, came into Court, and a conversation of some minutes took pkee between Mr. Justice Hoiroyd (tire Judge on the Bench), fir. Ourney, the Counsel for the prosecution, and Mr. Cooper. Soon after. Mr. Cooper, having taken his usual place at the bar, addressed his Lordship nearly as follows: " My Lord,—Having understood that the Jnry impan netted in the case of the King v. Mary Ann Carlisle, cannot agree in their verdict, although they have now been shut up together for nearly Y I hours, I think it would be cruel to keep them confined any longer. I wish now, therefore, to state, that I am ready, on the part of the defendant, to consent to their being now discharged without giving a verdict." Mr. Gurney —" My Lord, on the part of the prosecution, I have great pleasure in stating my readiness to take on myself the re•puu,ibility of acceding to the proposition of m. learned friend." Mr. Justice ll,,lroyd—" Then let the Jury be sent for." The Jury accordingly came into Court, and his Lordship addressed them as follows t— " Gentlemen of the Jury.—The defendant and the coun sel fur the prosecutor having consented that no verdict should be taken in the case iu which yuu arc impanuelled, um happy to relieve you from your unpleasant situation. By their r unseat you are discharged without giving any verdict." The Jury were then discharged, atter having been shut up from four o'clock in the afternoon of yesterday swill a quarter after II this morning —a period of 19 hours and a quarter. FKIDAY, JULY 27. LIBEL ON LADY THANKERYILL.-TIIE LING V. WHAVtrt, SHAKIILL, AND ARROWSMITH. In the early part of the morning it was understood that the defend:llllN, who are the persons responsible for the publications in the Johu Bull Sunday paper, intended to let the verdict go against them without offering any defence. The cause was called twice, but no special juror could be found to go in the box, and as the statute requires at least one of the special jury selected to try the defendants, they could not proseed. The ChiefJnstice, under these circumstances, ordered another Cause to be tried, at the conclusion of which, the King v. 'Weaver, Shaba, arid Arrowsmith were again called.. One special juror, Geo. Lewis, Esq. merchant, then answered, and with eleven italestnen, they pro ceeded to trial. The Solicitor-General addressed thei jury as counsel for the John 8011. He said, " Tne defendants are in dicted for a libel, and it would be quite idle for him to say it was not a libellous publication. They admit they'are guilty, and what they may have to urge in extenuation, will be matter for another time and place." Mr. Searlett, who appeared for the prosecution, ob served, " .My learned friend mazes no defence, and if he sutlers a verdict or guilty to he recorded, I cannot object, but it must he understood 1 make no admissions or com promise on the occasion." The Chief Justice--." Gentlemen of the Jury, it being ad:hilted that a verdict of guilty shall pass against them, you will find the defendants guilty." The jury found the defendants guilty. The facts con sequently were not staled. IlA‘i ILES V. COSTCR. In this case, Mr. liawkes, the plaintiff, who is a mer chant, carrying on business in the city of Norwich. brought his action against the defendant, a silk-mercer, in Latl-lane,,Cheapsitle, for speaking cerain defamatory words of and concerning the plaintiff 's trade. The words were." flawkes has stopped payment."—lt ap peared that Jlr. llawkcs had occasion some time back to enter into some transactions with Sturt and Sharp, of whom he purchased goods to a considerable amount.— They were to be paid tor in bills at three months.—Mt. Ilawkes was applied to heron the bills became due for paymetn. The circumstance led to enquiry respecting the inducement on the part of Stunt and Sharp to claim the nioney bolore the bills were clue, and it turned out that a malignant report had been raised aga:ust the plaintiff's stability. Ile paid the bills by anticipation, and Mr. Stun told him he had received iniormatidn trout Mr. J. Coster, the defendant, teat the plaintiff had mopped payment. Under those circumstances, the Waintiii found it necessary to bring this action, not so much to recover daeuattes as to vindicate his reputation. Mr. Custer pm no justification on the record. Mr. Henry Sturt being called, stated, that Coster called on him, and said, a man of the name of here had been to his warehouse and said he heard that liawkcs of Nor wich had stopped payment. The witness himself also received a letter from Norwich on the same day, which contained the words. " Hawkes has stopped payment." The Chief Justice here intimated that the words in the declaration were not made out to entitle tne plaintiff to a eerdiet. Theijicitor General, who conducted the plaintiit's "'re admitted that he could carry the c.ise uu tort and the plaintiff was nonsuited. Mr. Scarlett said. it might he satisfaction to state, that there was no foundation in truth fur the assetitoit which the plaintiff complained of. !Tv THE NATIONAL REGISTER The Solicitor General observed, that it was the first time they had heard of the name of Bere : had they known the facts stated by Stun, the action would nut have been brought. MATTHEWS V. OXENFORD. The plaimitisought to recover of the defendant part of a large sum of money, which he advanced to him and others fur the purpose of carrying on speculations in the public funds. It appeared that the business did not go on prosperously, and the defendant did not pay his share oldie fund. The defence was, that it was a gambling transaction, but the jury under all the circumstances, found a verdict for the plaintiff—Damages 5001. COURT OF COMMON PLEAS. MONDAY, JULY 23. DAVIS V. THE BANK OF ENGLAND. This was a case of great public importance. The plaintiff, Mr. Horatia Davis, is brother to Captain John Henry Davis, who escaped from Giltspur-street Compeer, in April, last year, where he was confined on a charge of having forged the names of Messrs. Drummond, the bankers; and the present action was brought to recover the price of 10,0001.3 per cent. consols, and 751. long annuities, the property of the plaintiff, which had stood in his anaime, and was transferred by a forged power of attorney. Sergeant Lens shortly stated the plaintiff's case. It was admitted, on the part of the bank, that the Stock in question had stood in the plaintiff's name, and had been transferred under a power of attorney, which was produced. Lady Davis, the plaintiff's mother, proved that the plaintiff's name to the power of attorney was a forgery ; and that her name, which appeared to it as a witness, was also a forgery ; and that the name of John Henry Davie, the other witness, was genuine. The plaintiff's case closed here. Sergeant Bosanquet addressed the Jury for the Bank. The Learned Sergeant said the Bank Directors would never depart from the honourable line of conduct they had hitherto adopted of making good to the holders of Stock any property that might by forgery have been taken out of the Bank, unless the party should by his own conduct disentitle himself to any redress. In the pre sent case it would be proved that 50001. of the plaintiffs 3 per cents. had been transferred on the I2th of October, and 50001. on the 16th of November, 1819, under. a forged power of attorney, and the amount paid to John Henry Davis's bankers, Messrs. Drummond, and placed by diem to his credit. Ott the llth of January, the day the dividend on this stock was payable, the plaintiff re ceived front J. H. Davis 1501. the exact antoant of his dividend, and he received from the Bank '2Ol. dividend on eight hundred !sounds, 5 per cents. without de manding payment of the dividend upon his 3 per cents. from which it must be inferred he then knew his bro ther had transferred the stock. But his brother was put in prison on the 3d of March on a charge of forgery ; and the plaintiff has admitted that on the sth of the same month he told him that lie had made away with his in,6001. 3 per cents. and 751. long annuities ; yet the plaintiff gave ri.) information to the Bank, who, before his brother's escape on the 7th of April, might have taken steps to obtain justice. In September following, when his brother was safe in a foreign country, the plaintiff sent to the Bank for his dividends on stock, which at least he knew in March last had been fraudu lently transferred. The case for the Bank, as stated by Mr. Sergeant Bo sanquet, was fully proved in evidence. The Chief Justice, in charging the Jury, said, that whatever might be the result of this new and singular case, in his opinion the Bank Directors had exeicised a sound discretion in bringing it before a Jury. The case of the plaintiff was to be lamented, as, if he do not re cover, lie was ruined by the act of another, of which lie had no privity, and must stiffer the loss of his fortune by his fraternal affection. Still the law makes no allowance for his feelings, and if alter lie had know ledge of the fraudulent transfer lie concealed it from the bank, it was sufficient, in the view of the law, to deprive him of any remedy that the bank might have suffered injury. It was clear, front his answer in Chan cery, that he knew of the fraud in March, but concealed it from the batik till after his brother had been long out of the country, by which means he deprived tlitut of any possibility of obtaining either civil or criminal jus tice. The jury, without hcsitaiion, plowitineed a verdict for the defeadant. SECONDARILS' OFFLCE, JULY 23. IHILTAL /MAI:LT.-STEPHENS V. BHOGDEN. This was enquiry to assess the damages to which the plaintiff was emitted, in au action for an msatilt, in which the defendant had suffered judgment by default. The damages were laid at HMI. Mr. C. Phillips stated the plaintiff case. He said the action was fironelit for such cumpensation as damages could make for a grievous assault, that had been corn witted by the defendant on the plaintiff. The defendant, by allowing judgment against him by default, had admit ted that he could not deny or justify the assault of which the plaintiff complained. The plaintiff brought the sub ject before a jury with pain; lint he felt it his bounden dnty, both as a man and a citizen of London, who had been cruelly injured in his person and hie feelings, to ap- peal to a tribunal of his fellow•citizens for such redress as their verdict could afford. The plaintiff. Mr. Stephens, is a jeweller, living in Castle street, Hulbot ; Mr. flrog• den, is also a jeweller, living in Bridgewater-square, Barbican. It happened (that some tine since inform'. Lion was given to the master goldsmiths that the jewel lers were in the habit of selliag mourning rings without the Hall stamp, by which ineims they avoided the pay ment of a fee that is charged on affixing the stamp at tile Hall, The master goldsmiths, in casiseqbence of this in formation, called a Court of Wardens, to take the sub ject into consideration. The jewellers were alarmed, us they bad great nuniliers of those inastamped rings on hands, and they called a meeting on the 3 Ist of Ma;, to consider how they should act. This nseetiog was re►pect ably attended, and Mr. Stephens was pt e•ent. A Mr. Mq.iitgot asked w liu gave the information to the master • ""'" goldsmiths ? A person who stood near Mr. Stephens re. plied " Brogden." The neat day Mr. Stephens received a note front Mr. 13,00 mi—they wear accptainted, sad were both creditors of a person who was limn insolvent. The note was as follows: " Bridgewater-square, June tat. " J. Brogden's compliments to Mr. Stephens, will feel obliged by big calling on biro at Bridgewater-square on business equally important to both, before four o'clock to day, or to-morrow morning." Mr. Stephens lennsediatelv went toMr.Brogden's house, where he fonud him in his counting-house, a clerk and the porter who had brought the note being present. On Mr. Stephens's entrance, Mr. Brogden sent the porter out, and after shutting the door, went into en inner room, from which be instantly returned with a huge whip in his hand. He add d Mr. Stephens, saying—" And so Mr. Stephens, you called me an informer before eighteen persons last n ight;" and without waiting for any reply, be struck Mr. Stephens over the eyes with the handle of the whip, in a manner that caused his blood to gush out, and stain the silver articles that lay on the counter in the room—he continued beating Mr. Stephens about the head with the whip till lie broke it; and even then, nut con tent, he seized the larger part of the handle, and con. tinned to beat Mr. S. till the clerk, who was present, interfered to save his life. Mr. Stephens offered no re. sistance—she had a complaint in his eyes, and the first blow he received rendered hint incapable of making any defence. Soon after the clerk bad succeeded in saving Mr. Stephens's life, Mr. Taylor came into the counting house, and on wilily/twine his amazement at what lie saw, Mr. Brogden said, " If I ant deceived I can never make Wm amends," but should not a luau of mature age and or sound mind base made an enquiry before hr would snake such an attack upon his fellow-man. Mr. Stephens was taken home in a coach ; his life was for some time thought by his surgeon iu the most imminent danger, and even yet his recovery is doubtful. If the defendant sought fur compensation for his personal sufferings and his pecuni ary loss, which, from being unable to upend his business most be considerable—the jury would fret—he had an irresistible claim—but Mr. Stephens load much laugher claims; he was a most respectable citizen, deservedly esteemed by all to whom he was known—he possessed honour and feeling and sensibility—these had all beau deeply wounded—he was a husband and a father—and had seen the dearest übjects tit his of weeping round Ilia bed in alai the agony of anticipated widowhood and orphanage ;—for these wounds of the heart the jury were now, called on to make hint the very inadequate satisfaction that damages could give. Mr. Taylor stated, that he knows plaintiffand defendant went to defendant's countin4.house tin Ist of June ; ,urn as he entered, Mr. Stephens exclaimed" Ohl Mr Taylor !" and pointing to a whip that lay broke en the floor, proceeded to tell him, that the defendant had violently beat 111111, at the same time putting the defendant's l u te, inviting him tit eall on him, into the witness's build. Mr. Stephen's face 14:13 rut and there was blood on plate that lay on the countei. Brogden put u letter into the witaras s nand, and dinned iit to look at that, and be would judge of his feelings. Willies folowed Mr. Brogden up stairs, and on canting down. said to Mr. Stephen's, that if Mr. 13togdesi was deceived he would make reparation. Mr. B. had uuthurised him to say s 4— Mr. Stephens denied having used any expression agaiete ill. Brogdeu, and mentioned several persons who could pi ove it. Mr. S.'s head appeared to have been washed, and he west away in a coach, Mr. Beveridge stated, that he is a surgeon, and attend, d Mr. Stephens on the Ibt of Sune, and about a mouth alter. lie bad indansmation in the eyes, a violetit entails:oil on the temple, and Ins erotical of the scalp; his life was in imminent danger. . shit continues, and he would nut he surprised If fatal symp should even yet take place ; he had seen death eteue ft om Ica vioknee. The plaintiff's case here closed. Air Wilkes addressed the Jury fur the defendant. He de. precuted the effects of the eloquent speech they bad beard for the plaintiff, tool conjured the Jary to judge by what hnd been proved, and not by abut had been stated. The de. Pendant's clerk had been present from the begin ;; i;; g, lie was nut called. When Mr. Taylor saw the crefendant he o after receiving the rights of hospitality. excited a strong sensation in the nodrtory•) His fh• e bed been washed, and he oat sent home in a coach procured by Mr. Brogden's courtesy. Some of the Jury enquired whether Mr. Wilkes could pi-). duce any evidence to disprove the evidence they bad hour:it Mr. Wilkes said, if. the 'animal hail not produced the clerk who arts present, he would 1101 give Mr. Phillips another oppurionity of elect' frying the Jury by his eluque...e. The Second:oy titillated op the evidence, telling the Jery ttint if the defendant's clerk, who was present at the begi;:• fling of the as.ault, could .W 0 any thing in mitigiftani, it lay (111 him (the defendant) to pi Hance hint. The Jury, after u short consultation, returned a verdict— Damages SW:. ANECDOTR..—Henry the Fourth of France rand every thing that was published concerning his cr. rations. Under his reign every one enjoyed free liberty of speaking, writing, and publishing ; and trash, which he sought after every where, tame in her turn to the throne to seek him. Being desired to punish an author who had written sonic ire:: satires on the Court—" No," said this good Prince, " it would be against my conscience to trouble an honest man for having told the TRUTH. WHIRLWIND.— A girl, daughter if a gardener near Edinburgh, was lately employed in bleaching a.quantity of clothes, and, while in the act of pinning some of them to the ground, a sudden whirlwind arose, and lifted them to a great height in the air. The terrified girl instantly alarmed the by frantic cries of " murder," &c. and the attent:m of many persons was directed to the circumstance, who beheld the clothes, as they describe it, twirled about in the air like shav ings of wood, and at loigth cur ried to the eastward cut of their sijit. Sonic other persons observed them at a great height dying (woe Leith Walk, but they have net been heard of fai. ther, except a small pocket handkerchief', which was picked up about a quarter of u mile from the spot, The clotnes are altogf:ther valued at about 51. L_ _~ f~~