The National Register. — London, England, 1820-06-05 00:00:00

LAW REPORT. COURT OF KING'S BENCH, JUNE 2. This being the first of Trinity Term, the Judges took their scuts with the usual liirmality. Bail was jus• tifiecl before Mr. Justice lloiroyd some time previous to the arrival of the Chief Justice. in re C LEM ENT. Mr. Plan said, he was instructed to move in the mat ter of Mr. Clement for a Certiorari, to be directed to the Judges in the late commisNion at the Old Biilev, or Mr. Shelton their clerk, calling on him to return the orders made on Mr. Clement to appear before that Court, also an order for the tine to be paid by Mr. Clement. Ile was det.irous of removing the three orders made on A.l. Clement into this Court. ChielJ thtice—Does the order fur the fine still remain, or hos the fine been entreated into the Court of Excite. quer ? Mr. Platt.—lf it does not, my Lord, the applieation will fall to the ground. Chief Justice.—Yes, Mr. Platt ; but before we grant the writ, At must know whether the order remains there or whether it is gone. Mr. Justice Flayly.—lt cannot produce much delay to inquire. Chief Justice.—You can be informed by to-mor row. . . Mr. Platt then said, he understood the order sti I remained in that Court. Chief Jus:ice•—Yon must have an affidavit of the fact. Mr. Plait then asked if the Court would allow him to mention it ogain at the rishig of the Couri. T J ust ice said, if there was time the Court would hear At four o'clock, as the Court was rising, Mr. Platt again brought on the subject. He said he had found that a search was made yesterday, and that the orders still remained in the Court from whence they issued. Ile had in affidavit of the fact. Thc Chiel Jiistice.—Take a role to chew cause. Mr. Platt.—Will the Court allow the rule for a writ of Certiorari to be absolute. Chief Justice.—You can only have a rule to shew cause. Mr. Platt.—Your Lordships will perhaps allow me to stay proceedings ad isdnim. C.ltiefitistice.—We have really gone as far as we can go. We have gone too far. 4)oltce. MANSLON.HOUSE. JACE KETCH.-01) Alonday James Botting, who for merly officiated at the Old Bailey, as executioner, but who is now deprived of the command of nis right hand, and in fact of one half his body, by the Disine was carried to the Justice Boom to give evidence against a person of having forged his name, and defrauded him of a sum for money. Jack. though labouring under great bodily affliction, was quite free from mental in firmity. A check upon the house of Everett and Co. for 101. purporting to be signed by Jack, was produced by a clerk of the house, who could not say that the prisoner was the person who had received the sum. The writ ing was nut Jack's, fur Jack is not able to write. Mr. Blackburn, one of the Guardians of the Poor of the Parish of Shoreduch, said, that he was upon the Committee appointed to examine those who applied for parish rebel. In the month of March, Boning was brought before him in a state of great wretchedness by the prisoner, and taken into the house. Alter the lapse of a few weeks the trustees were informed that Bolting had some property, and that the prisoner was turning it to his own account. Upon inquiry it was found that the prisrmer had disposed 1/i - Hotting in the above 111e11- 11011t1I Wanner, with the view of having the unpartici pated possession of about 3001. and smile furniture, which r, ere the profits of the unfortunate 11141/Cs labo rious and issiful profession, and after further search, it was asceliamed that 101. etas paid on Saturday to the prisoner, iipoti a forsted draft. It appeared also, that the prisouer isad taken Hotting under Isis pimeetion, and had written to a gentleman al Brighton, who held 3001. the 'honey of Boning, to base toe pi incipal paid, upon which the Cllllll/1.11114111 Was for three years re ceiving the interest. Boning required great care io his unfortunate cottilition. The knowledge of those cir cumstances arose bout the investigation made to pro tect the parish fonds. "lotting stated to the Lord Mayor, who looked very narrowly onto this case, that there were 3001. due to him by a gentleman at Brighton. He did not touch a halfpenny A* the principal, but had received interest for about three years. He never authorised any liody receive any of the principal, nor did lie sign any order upon the banking-house where he receis«l the interest, for the payment of the principal or any part of it.— Since 111$ illness he had empowered the prisoner io re ceive the interest for hint, but nothini , more, and sign a receip t f or i t i n hi s name , The last tune tae sulier went to receive the interest, he told tt-.lies uputi his return he could not get it. lie him vier g t‘e hint while in the wol kliutise a few sistlhogs Iti 1111 tea. — Witness, in considelation of the tiontae which his ill ness hail occasVaied, signed a will, which would lea%c in the possesstota of prisoner the is hole annum' of Las property. lie had however, Ilion learning the conduct (if the matt, made a revoca tion of the wiii, :toil stow wished to 11, Icli under the care of the parish, the over seers of Wind' ttould , lie knew, guse hint pinny to eat. The ptisoner said in his defence, that lotting had authorev .1 lum to take the tot ney he was Charged with haying obtained dishonestly is. part of paytoctit of great services he had done the Alin ted man in his adversity ; that Boning had been under his protection since July, THE NATIONAL REGISTEU. during which time he (prisoner) had gone to consider able expeuce in paying physicians, &c. &c. and that the authority to sign the name of the complainant was obvious front his own statement. Hot this was not all. He was in the habit of writing all Botting's letters, as well as of receiving money for him, and Hotting had authorised him lo receive 501. and apply it to his own use, besides the free gift by will. Hotting declared before God that he never authorised the prisoner to receive one halfpenny except the interest, and he always did that with orders to bring it to him. He, however, should have had no objection to give it to loin if he was in need of it. The Lord Mayor rentals:led the prisoner for further examination. BOW STREET. DAttiso ROSUERIES.—On Monday, a respectable young wen, named William Ridding, underwent a long examination before R. Bernie, F.sri, the Sitting Magistrate, charged on suspicion of being concerned in the audacious robberies described in the following state ments : The first charge was preferred by the landlord of the Mercers' Arms, public-house, Mercer's Street, Long Acre, who stated, that On Friday evening last, the p.riso and two other ii Caine into Ins parlour, and called Mr some beer. In a short time they called for inure, and the witness then observed that the prisoner had left the room, but he suspected nothing wrong, until his maid servant made an alarm that there was a man tip stairs robbing the home. The prisoaer at this moment was seen miming through the passage into the street, and was stopped and taken into custody. The witness exaniiiied the rooms up stairs, and found that his bed chamber, which was next to the •club room, had beets entered, and two club boxes and some doilies trunks were standing on the lied. One of the trunks was broken open and some articles missing.— The club boxes must have been removed for the purpose of being plundered, as they were lett under the bed. They contained some considerable property, and would in all probability have been deprived of their contents, but tor the interposition of the maid servant, who hap ' pened.by mere accident to be passing the club room, and going down stairs, just as she called out. The only sus picions article found upon the prisoner was an ingenu ously constructed turnscrew. Mr. Billison, of the King's Arms, corner of Moor Street, Set en Duals, deposed, that on Monday evening, the 17th of April, several men came to his house, and mid( r the pretence of being about to form a Society there, they reques,ed permission to have the use of the large club room. They remained there until a late hour drinking; and when witness went to bed, he discovered that his chamber, witich adjoined the club room had been forced open, and plundered of 801. in Bank notes and silver, and a valuable watch and seals. lie had no recollection himself of seeing the prisoner there un that night. A boy, waiter to the last witness, stated, that the prisoner, and a man named Osborne, were frequent visitors at the house previous to the robbery ; and he remembered seeing them and others there on that night. Mr. Birnie observed, that Osborne was perfectly well know at this office. The prisoner was ehmmitted for further examination, and a warrant granted to se,arch his lodgites. A complaint. tinder the " Metropolis Paving Act," was exhibited at this Office,on Tuesday, by Mr.Cadogan, Surveyor under the Commissioners of Pavements for the Parish of St. Clement Danes, against Messrs. Twining, Tea dealers, iu the Strand, for an alledged offence against that Statute. The defendants were convicted sonic time ago under this Act, for suffering their men to draw a truck, with heavy packages, through Devereux Court, which ad joins their premises. Since that the offence has confi rmed without diminution; and positive orders being Riven by the Col ttttt issione.s of the Parish that it should be sopped, Mr. Cadogan was under the necessity of ex hibiting another information. Mr. It. 'raining fur himself and Partners, in a wares address to the Magistrate (It. Millie, Esq.) expressed surprise at this proceeding, and declated that if it was to he persisted in, it must pat a total stop to the business which been had carried on, with credit and re potation for more than a century. They had tried every means to avoid offending against this most extraotdinaty Statute, but found it totally impracticable, without shut ting up their warehouse altogetiler. They had inquired awotgst the neighbours who were most likely to he al fected by the practice, and not one of them would say that they considered it a nuisance. Mr. Cadogan said, it was a very unpleasant task for him to appear against Messrs. Twining, but lie was cum pelled to do his duty, and the instsuciiiins of the Board were, that he should lay one information upon another until the nuisance was tint an end to. Mr. Bit ins—" Upon my word, I think this a very harsh proceeding. Pray what are the defendant; to do r' Mr. Canogaii—•"llll) men must catty the packages on their should...a. . Alr. Twining—" That is impossible, as stiost of the packages are from 3 to 4 bundled weight, and cannot be got into the narelmitse except on a truck." ;qr. Bit stie—" I ant vine Mr. Taylor, In the formation of Mi.. Statute, never could have c imitated such a Case as t;,, and I think the Co tttttt issnmers °light to deal arvurdtng to common acuse and common tail itess between man Milli." . Mr.. 1%% Milt:: again remarked tm the extreme hardship of the. ca.,e, mid hinted that they weic selected for prose c:t:uu. Mr. Catlugan denied this. Mr. Twining—" e have made every concession in • power, dud ollered to pave the court at our own ex pence, bid nothing will avail with the Board ut Commis ateliers." Mr. Cadogan--- . ' With respect to the hardship of the ease, every publican olio rolls his butts tit liver ot er the foot pay einem to his cellar is liable, under this statute, to the penalty." Mr• Birllie—" Then why do you eat summon all the publicans in your parish !" 1 183 - Mr. Caiclogan—" I him not thought proper." Mr. Birnie—" According to your owu showing then you do not act strictly to the letter of your duty or in structions." Mr. Ludegan—l am not accountable to you Mr. Birnie, for the manner in which I chose to perform my duty," Mr. BO' —" The information is dismissed I will not proceed upon it, and ye.; may seek your remedy." Mr. Cadogan remonstrated. Mr. Hirnie—" You lave yonr ans:Ter Sir." Here tlo« conversation ended, and Mr. t:;O:ioltin left the office, itotimaiing, that he should apply to a bet;:!' Court upon the object: EXCISE COURT. Mr. James Thomas, a respectable malt salesman and warehouseman, appeared to complain of the. duty on SYO quarters of malt, and to pray for the return of the duty which had been paid on the same, on the ground that it had been destroyed by lire; This being considered as a case of considerable interest to the malt trade, as well as to misers dealing U) excise.. able commodities liable to casualties, an extra number of Commissioners sat on the Bench to determine the question. It appeared from the statement of a number of wit /Wilke., that 810 quarters of malt were sent from Stratford, in Essex, to the warehouse of Mr. Thomas, in Shad Thames, which were entirely destroyed by Are on the 27th of February, on which occasion immense quantities of grain were destroyed, and, amongst the lest, 520 opal ters of malt, which had been sent from Stratford, ott which it was proved that a duty of 2165. per quarter had been paid, and of which the complainant now prayed the return. Mr. Mayo, the Solicitor of the Excise, contended, that it was a principle uniformly decided and acted upon by the Excise, that whenever the original article wns reduced in value, fur instance, four fifths. then funr-fifths of the duty shook' be returned, and not tam full isnionut of the duty which had been paid upon it. After some discussion moue the Commissioners, the Can't adjudged that the whole of the duty which had been paid un the article, proved to have been destroyed should be returned. The amount of the duty was stated at 728/. ROBBERY AND ATTEMPT TO MURDER —A most atrocious robbery, accompanied with an attempt at murder was cm 1111 l itted in Hyde Park about one o'clock on Titursday inorning.—Townshend Dance, Esq. of No 17, Nlatacitester Street, had been to a party at Bromp ton, and was returning home through the Park at the hour mentioned, and when opposite the basin, two fellows suddenly rose from the ground atut collared him. One of :hem, 'tressed in the garb of a soldier, demanded his money, and the other threatened to blow out his brains if he attempted to make any tesiatance. Mr. Dance, however, COMIIICIICtti a desperate scuffle, and with his umbrella succeeded in levelling one of his antagonists wi,h the ground, but at this BloliteDL the ;tiller villain tired 31 ham, and al.dost at the same instant knocked hint clown by a blow on the head with the butt end ofa pistol. The other robber had by this time recovered, -and both fell intim Mr. Dance and beat him until he was senseless. They then rifled his poc kets of some bank notes and silver, and left him to all appearance dead. He recovered his senses, and with much difficulty made his way to Cumberland Gate, where he procured assistance and was taken home.— IntOrmatiou of this outrage was- sent to Bow Street Office the sante day, and Nichols and outer officers have since been codcarouing to trace the offenders, but hitherto without success. Ou Thursday lasi, a child, near three years of age, son to Mr. Wilkins, fellnionger,. in Russell -street, Southwark, was accidentally drowned in one of the lime pits in the yard, he having gone out at the back domr of his house, which opened into the yard, unper ceived by his mother. This is the third a , :cident of this kind that has happened in that neighbourhood within these two mouths. Wirtbs. Mrs. Spry. of Charterhuose square, of • da•ghter, being her 13th citil 1. At his house, Willesden, Middlesot, the lady of .1. Kentish, es+ of Antigua. of a 1011. At t;.tyliorss. Lady Sophia lierrepool, of a daughter. .0 lAnden, Not thumb. hold. Alta. higge, of a aaa:thlor. At Ilriejdoo, the lady of 11. hence, eq. of the 321 regiment, of a dasiehter. tibatritZ. Al winterhnurne Basset, Wilts, W. Hodgson, esq. solicitor, Cast: , street, Hollows', to Elisabeth. daughter ol John fuckey, ea+ ut tic 'coiner place. Mr. ttalimm or y sweet, Ntrau.l, to Lydia Isabella, youle4,,t daughter oh Mr. Holtman, New bridge insect, tekfri us. At to eerou lel., W. 11. Ileum Jek, el , 1. of Uia, Norfolk, to Miss Ann A deo, youngest daughter of the late J. Alien, 'sq. of the foram:. place. At St. Nlatylebro. church, A. Mackintosh, esq. of Great Portland sheet, to Mae y, eldest daughter of L. It. Mackisausli, es+ of Here, ly lodge, Ole•ir CoiCilt o'er. L. Phillips, jou. esq. of Melkshans, Wilts, to Swab, daughter of the late S. Weston, esti. w w et mouth. Mr. 11. Cheney, of ay Icnbniy, Docks, to .Ann, only danglite, of Coll+, am gt,si, At Molina.. C. W 111,s, c,ti. ut t::*.ifibt,,,.k, laud, to Mr,. Wbitaltr.l.l. of Itestinits. . " • Mickluover. Derb)of ire. ft. Dill, req. of e%) clArzlitcr of 11.1pinau t I). tram. %ECG. At Canton, on board the lion. cutupagy ship V.disittart, which lie ClOlllll.llllll ( * Ng. S. Dail) mph:, y001.,..”1 PM ut the Late air 11. 1)+11)114de, h it I. of r 114,1iy and Not th Berwick. Ai Bombay, on tniaid the t mien, of which ship he was acting newt 114111. Witty It sakes, eldest son of Condnisstoner liarrett, of ilaslar. seed 21. AI bas honer, stopney, aged 72, 'I hotente Marsh, of '.‘lantell slier t f•••...itil IWO owe I/1 MI. so„ .1y tof in I has er street, Mainrhestt r square, W. Williams, esq. late surgeon in the fast India tan.f..ll)*s act r ice. At 11....111411,i, 1.11.11 ut the late C. ilothernsa, of Isenda', \ emin.....1.n0t, •tgril In hcdlu,d sitiare, aged 74, G. Grading, es+ At Sew port Par, I,•. stihews. or C.siiterbiiry buit.lings„ LaMbeth, aged lel. a nien.lot of toe 'twirl) of t',,. ,li. 4., 1 .„1„,., esq . islingtoo. Sarah, wife of Thomas Barry, esq ot votidze W ills. At trioionitl„ whlow of lie late C. Arnehl, eri. of Shetiley hilt. 11. its. 41.11 oldest daughter of the tate It. Iticknell, eaq. tortuct ty one ut li. Wasters in Chancery. At his rsther's honer in Lincoln's Inn heists It. Cline. jun. esq. acrd owe of the burgeons, and 1.104.: 01 the aotstrers t Aii44viny , to 't. Theithir'S ilvtpitat.