The National Register. — London, England, 1823-05-04 00:00:00

ri-i 1 1 1 r -i-- -. THE NATIONAL IiEGISTEIt ♦ 4 ---- - Wales, or one of the islands adjacent." The learned counsel then said, he moved upon this ground—that the above sentence wu imperfect, inasmuch as the several acts of Parliament now in form authorising tranwortalioo, hut that the sentence should rim thus:—" to sorb place beyond the seas u his Majesty in council shall think proper; or to such place as the Sang shall appoint." Lord Chief Jostice.—Year objection to the sentence is in point of form only ; r don't say, however, that the defendant is not entiiled to avail himself of such informality, hot as this is a cutter that demands consideration, the court would direct that it should be solemnly argued, by calling on the Attorney or Solicitor-General to :Mew cause to the rule. Mr. Jones .requested it might come to he rued this day se'reight i to which the court agreed. Rads Niri granted, THE. KING v. THOMAS LAII. This was a conviction of Mr. Kaye, a master clothier, alder 12 Geo. 11., c. 34, for paying a workman io goods • iaatemi of money, in oentrave.ntion of that act which was passed to pro tect workmen from the evil of being compelled by their tou ters to take part of their wages in goods. in this ease the master originally contracted with tile %reticule% to pay in goods, end the question was—whether the statute prohibited such a contraet, or only indicted a penalty on the master who. having agreed generally with his servant for wages, paid him after wards otherwise than in money. Mr. Solicitor General, Mr. Gummi Sergeant. and Mr. Va dat' argued that the statute prohibited all payment exempt by money, even whisp 3 such satisfaction was given in persouce of a preeictas emitatuth Mr. Scarlett and Mr. leittledale contended, oe theether able, that such construction would be absurd, uojust, and is mange' ( Imperial Parliament coldiared from page 139.) duties which the Grand Jery of Dublin were called 00 to dis charge. Me.DAWSON -rose to order.—He contended that the course of combination which the hos. member was pursuing had no bearing on the question before the House. Mr. BROUGHAM contended he was perfectly in order. It was necessary be should put those questions, thtt the English members might understand the question they had to decide.— lle bad anticipated this interruption, which only showed that th e eystem pursued in Ireland war so bad, it was dangerous to approach it in the most delicate manner, nod therefore,insteed ut having a torch to guide them io their way in this intricate and dMicelt sinquiry, they were only to bete a rush light, which sunlit not illumine them an inch beyond their noses. • Sir G. HILL assured the hon. and learned gentleman be wee • snoisiis to have the fattest imestigation of this sebjeot. and looped his bon friend would not interpose to prevent the bon. member putting any question he thought lit. , Mr. GOULBUftN agreed in this opisicia. The Mitistas was then re-called, and the !loose preoeedtd to emanate him at considerable length. On the suggestion of Sir F. Burdett the House resumed.—• The Chairman repetted progrese, and obtained leave t , " sit spin • on Muuday, Tee Intstt iSSURRICTION Acv.--Sir N. COLTHURST hooped, in the present state of Ireland, an early day would be set 4:part for discussing the propriety of renewing this act. blr. GOUGSU RN seid he war must ass:ions to bring for ward this subject, hut was most completely et the wevoy of the gentlemen opposite. Mr. HUME said, be had emotion for thedth, and he would agree t. give. that gentlemen that day (hear, lies!,) if ministers would epee to his motion without it debate.—(A laugh.) — Here the .stibject dropped. The other elders were disposed of, and the Howse adjostsed. together in a public house, the conversation tuned spots *h . fire, when the defendant , addressing t h e p laintiff, sled words to the following effect :—" It has bees reported that I sr brother, or you, set fire to the mill; for myself I eon swear that I uid not, I am sure my brother did not, and it meld qtly be you." Upon This the plaintiff's brother observed, " yes might as well say at 'once that mI brother did set fire to the mill," to which the defeodast replied, " well then d—a it I do say I believe that be did set Ore to it, and I shall not be lieve otherwise until he proves that be did sot." The Ivry gave lObl. damages to the plaintiff, which verdict it was now contended was not warranted, by the evidence, inasmuch as the words charged had not been sufficiently proved, sod that their import, supposing them uncontradioted, was equivocal. The Court declared themselves of opinion, that the whole Question had been properly le.t tbeJury, and that they saw no sufficient grounds for disterbiog the verdict that had been gives. A rule for anew trial refused. MIDDLESEX SESSIONS. ADJOURNMENT DAY. ramizirs PRINCIPLES OF NATURE. , THE ICING V..IOSEPH WAISON. The defendant stood,inclioted for publishing a profane libel of and concerning the Holy Scriptures, and calm. .kted to bring the same ► r to hatred and contempt. Williams Smith stated. he is a itnw•stvicet officer; on the sth of March last he wean into the defendant's shop iti the Strand, and asked for Palmer's Principles of Na. Me." The defendant said - he had not got it separate. but bound up with •' Toe Deist." Witness accordiugly paid the mice, IYs. for it. Cross examined by the defendant.--Has been a Police Officer foot yews. I•here was little boy in the shop with the deiendatit when witness bought the book. The passages were read by the clerk. PUMA, soother How-street offices, was called. Se. -viral clues t i ((( la were put to h an by the defendant, to which he would nut return direct answers, alleging it did not concrrn tile case. Mr. Holland sad, that was all he had , to otter on the part of the prosecution. The defendant conducted his defence. He was sur rounded with books, documents, ice. from N hick lie s.id he ,►nuld quote passages in the course of Ina ad dress he had to snake to the Jury, in the delivery of which be had made very strong remarks upon the Old Testament, particularly the 21st of Numbers, which drew forth the interference of the chairman, who stated no decent man could sit and hear it. 'file defendant maintained the charge of blasphemy had nut been suf ficiently established, and called upon the dory by their verdict, to promote this book, and not suppress it. The Juryinstantly found hien guilty. The Chairman proceeded to pass the sentence of the Court upon hits, which was, that he should 'be impri soned one year iti the House of Correction, and. et• the expiration of that time to find sureties for his good be haviour fur two ye,rs; himself its tool. and two others in 601. each. restraint of commerce. The Coati suggested that there was a technical error in the conviction which was fatal, inasmuch as the word shef the stt tate were not peened. They therefore totalled proceed ings, •without giving any opinion itclhie main point raised fur their decision. After the judgment Sad been given, The Lord Chief Justice remarked, that the acts on the im portant subject of master* undiworkmen were extremely oiM cult to armoires, from the uncertain wording end the com plexity of their provisions. As he observed three gentlemen engaged in this cue who hail seat* in Parliament, he hoped he might effeually draw their attention to the state of a branch of the law so important to the public interests. He thought it right to poiut out the evil, bet be would not presume to suggest the remedy. THE LING e. JOHN LANSFORD. This case which has excited very considerable interest in the county of Flint, came on to-day on • role to show -cause why an order of Justices for that county stroold not be quashed.— The order was for levying 2001. 6s. 6d. by a county rat*, and applying the same to the repayment of monies advanced foe the use of the county by Messrs, Sankey. and Lloyd, beakers Holywell. The facts of the case, as they appeared on the former proceedings-in this Court, were shortly as follow :—Mr. Wynne, the late tresserer for the county of Flint was 'spew ered to borrow 1,0001. for the prosecution of certain county works. Messrs. Sankey and Lloyd, bankers, on the faith of this power, advanced slims from time to Time, and resolved payments from him—and, though they advanced more than 1,0001., the sant sneer at an one time never amounted to that sum. Mr. Wynne beeanse embarassed—his accounts were called for, and his life came to a sudden and melancholy close. At this time he was indebted to the county between four and five hundred pounds, sad the balance against hiss es tirereonety account with the bankers was above 2001. The order in ques tion, was made to provide for the remuneration of Messrs. Sankey and Lloyd fur pert of the sum thus advanced by them, on the supposition that they possessed the security of the county to the extent of 1,0001. The court, without herding the counsel %visit the order, expressed their opieion that it 'mold be supported. It might be a bard case to Messrs. Slanke'y gad Lloyd ; but if they had sot continued Vti stake the advantages, Mr. Wynne's default would not hue bretr•evident, and be might Wirehair' called on to refried the sow which was doe at his hands. Besides, they could not direct au assessment one year for put upraises, and therefore the order must be quashed. Rule Omelets for qualifying the order. FRIDAY, MAY 2. • - • lellOM TUESDAY NIGHT'S GAZETTE. At (he Court at Carlton House, the 26th instant. Present, the iKing's Most Excellent Majesty in Council. ' Ilit Majesty havino been pleased to appoint Major General Sir F.etward thanes. K.L.R., to be Governor and Coustsitualer in Chief of the island of Ceylon, he this day toqk the oaths as Go vernor of that island. llis Majesty in Council was this day pleased to appoint Arthur Macisaanara. of Langoed Castle, Esq. to be Shenft of the comity of BWOOQ. in the room of Charles Prichard, of Trewalter, Esq.; sad John Wynne, of Meyarth, Esq. to be Sheriff of the county ' of ,Nleeionetli, in the room of John Wynne, of Cwmein„ Esq. BANKRUPTS. R. Dald, Manchester, painter. Solicitor, Mr. Bettye, Chan guy Slade W. Lane. Lome:. Jun., Southampton, plater. Soh. Messrs. and Co. Bedford How. DIVIDENDS. May 27, T. Clive and S. Richardson. TokenbotteeVard. mer chants-22. P. Lawson, Bovines+. Cumberland, corn factor.- 24 Abitbol, Bury Street, St. James's. merchant--St, P. and C. A. Thomson, Toni's Coffee House. Cornhill, wine merchants -26, J. Shackle, Milk Street, Cheapside, hosier-24, W.Hudsion, J'lsville Street, Caniterweß, btieklayer-21. T. medial and R. Bishop, Aston, Warwickshire. brass founders-26, J. Turney, Sedgelitook. Lincolnshire. and W. Bates, Halifax, Yorkshire, merchants-24,Q. and J. Diet. Finsbury Square, merchants — June 2, J. Callow, Prince's Street, Soho, meuical bookseller. cmiTtricATus to be granted May 20. J. Alderney , Liverpool,grocer—W. Ramsilen, Leeds, victualler W. Frankno. Ladydown, Wiltshire, fuller—E. Chapman, Bridgewater Square, leather seller—W. Wells. Brightwell, Berkshire. farmer—W. liaviland. Plymouth, printer—B. Cop ley, Doncaster, iron founder—R. Ealaud. Stourbti.ige, Worees .tephire, hatter. ----- LONDON ADJOURNED SESSIONS. Johanna Hennesy was tried upon an indictment, charging her with having committed a misdemeanour, in deserting her child in the pariah ofCripplegate. The case was fully proved by Mrs. Mary Smith; ths wife or a publican, at the sinner of Tenter-alley,Crip plegaie; this witness heard the child cry, and on going into the street found it lying atone on the pavement) she took it up, put it to her breast in the room of her own child, and cherished it, until the parish Accra tendered their services. The prisoner said in her defence that her eltreme poverty had compelled her to look about for an asylum for the child, and that she had never entertained an idea of abandoning it.; that she waited In the neighbourhood in witichabe deposited it, until Mrs.lissith appeared and supplied the place of a soother. Tile Jury found her—Guilty. The Recorder expressed his utmost abhorrence at her cruelty, and observed, that if the poor infant had fallen asleep, instead of alarming the neighbours, the mother would probably now have to answer for the highest crime. The humanity of Mrs. S:nith was singularly contrasted with sue:a an instance of desertion upon the part of a parent. (Here the Recorder bent into tears, and confessed his inability to proceed with the picture.) The Court sentenced the prisoner to one yeses im prisonment in the House of Correction. A woman named - Nathan, was tried for keeping a a most notorious brothel inStill-alley. The prisoner said in her defence, that her holm was an hottest and proper place, and not at all a house far " Ladies and Gentlemen." She was Sound Guilty, and sentenced to one yen's imprisonment. A woman, named Price. who keeps a house of fame, nem door to that of Mrs. Nathan, was also foniul Guilty; but Mrs. Price was not such a veteran; she shewed some symptoms of contrition, and was sentenced to confinement for a month, and her servant was mu lanced to imprisonment for :4 days. LAW L INTELLIGENGE. COURT OF KING'S BENCH. MONDAY, APRIL 28. 'Mr. Campbell tooted that a petits° named Joseph Garrett, -eseaunitt'id to prison by a 'magistrate of the county of Stafford, on a charge of manslaughter, might be admitted to but. The circumstances were these :—A person .of the name of Isaac 'Whitehead, bad trespassed on a field in which geese were kept, tied thron' which there was no tbeioughfare ; and whilst in tie act of climbing over a fence adjoining to the Birmingham canal, Garrett attempted ho lay hold of the deceased, who struggling to ettricate himself from his hold, accidentally fell back into the water, and as he, Garrett, had never learned to swim, all be could do was to call for assistance, which arrived too late ; a surgeon was likewise sent for ; but •the deceased baying been above ten militates in the water, his exertions were ioeffectual. The learned counsel stated that, a coroner's inquest paving sat upon the body, they bad returned a verdict of •• Accidental Death; aotwithstanding which the magistrate in question bad committed Garrett on a charge of manslaughter. The defeadant bas a wife and seven children, midis unable to deka, the expence of being brought up under a iiiikass:orpiss. On theseiromids be moved that the said Joseph rrrr tbe ad. mined .to bail; and that the proceedings of the coroner's inquest be brought into this Court by certiorari, in order Diet the defendant might be thereupon discharged. The Court granted a rule Nisi. TREEING I. TIME UNIVERSITY OP CANDILIDGR. • Mr. Sergeant Lens showed cause to a rule nisi obtained en a former day, *by a mandamus should not issue to the University of Cambridge to appoint Thomas leplison, Esq. Professor .sf Mineralogy. The Court directed the further bearing of the argument to torus on the first thing to-morrow, and then adjourned to sit at Nisi Priam, on causes in the first instance chiefly undefended WEDNESDAY, AlPlttl. SO. TUB KING... BOW EN. A role bad been obtained, calling upon the &readmit to she* cause why be refused to serve the office of constable in the borugh of Lancaster. It appeared that Mr. Bower advised to serve after be bad been called upon in the regular way by the corporation to est note the °Moe, and in cuasequeoes of that refusal paid a tine of 31. Bs. Sd. The Solicitor-General this day contended, that Abe defend ed having paid the Yee, was justified in considering himself THE LING V. CHURCHILL. The defendant was brought up to receive the judgment of the Court, having been found guilty at the Kent Assizes of a misdemeanour, in making a signal on the coast near Folkstnne, for a smuggling vessel to keep off, and thereby avoid the revenue officers. Mr. Justice Bayley delivered the judgment of the Court ; and having animadverted upon the mischief which most arise from open densucie of revenue laws, senteneed the defendant to be imprisoned three months in Maidstone gaol. TEE LING O. NORITEHI. The defendant also appeared to receive the judgment of the Court, haring been found gailty.of a •riot arid remise of his brother, who had been seized by the °flickers in a smeggliNg transaction.—The defendant was sentenced to be imprtsewed siz montbein Maidstone gaol. COURT OF COMMON PLEAS. TUESDAY, APRIL 29. His Majesty's warrant, pursuant to an act of Parliament passed in the second , year of the reign of Ling George IV., empowering the Judges of this Coat to sit in the taxation be tween Easter and Trinity Terms, at Sergeants inn, West minster, or any other convenient place, to bear and determine plaints, whether on the Pleas or Crown side, was read, The Lord Chief Justice said, that with reference to his Ma jesty's warrant just reed, it wee material foe the despatch of business at the rod of the term ; and there being many mat ters now pending from the ascumuletico of causes which other wise cannot be despatched during the present Easter Term, it therefore became expedient that two or more or the lodges shoeld sit in Rano after the Terms of Raster and Trinity.— Whilst his Lordship would sit to try, awes at Niri Priattiar this Cool*, the other Judges would he in en adjoiaing - roemin the Guildhall of Westminster. On Wednesday the Sillier after TORSI would commence at Westminster ; and ea Thursday the Court would adjourn Guildhall, Lendoe, where it would sit for a week, and then return to Westminster. BAINES U. SIIVAARISAM. This was se action brought to recover damages far slander ous words, in which the defendant had impaled to the plaintiff that be had set fire to a mill which be had rented. The case was tried at the last Sommer Assizes before Mr. Justice Park. It appeared (ruin the evidenoe that when the plaintiff's fa mily were roused in the niorniug by the alarm of lire. it was forted that two pane* of glass had been token oat of the win dow in the parlour, a pistol was found near the premises, and there were some other circumstances which gave ground for the belief that the fire bad been caused by an incendiary. The proof of the slander was, that on t►e mark`ay the plaindit; his brother, the defeedaet, mad MOO pethosm._ Mpg ---------_ . Evecurtos.—On Wednesday morning, 4 crowd ar sembied at an early hour in front of Newsate, to wit ness the execution of three young men, who had TV. ceived sentence of death, for the crimeef burglary-- v i z . j o i n , Walker, aged IS, James Aldridge, aged Of, convictol of breaking into the house of Mr. J.Shipston, of sh a d w at, soder Mr. Wreston, in St. Georges in the East, and of Holly Seaton, aved $6, for a similar offence in the horse of Mrs. Catherine Dale. Shad welt. Walker and Aldridge belonged to an organised gan g of daring burglars, who had carried on their ape. ra t i 111 l s of plunder in a regular stud systematic manner : the latter, Seaton, had been in custody, and was well known to the Police as a regular cracksmao—hut had never been tried before. He was related to a family of the first respectability, and his uncle used all the infrlll. ales he possessed to save the unhappy mates Id.. released. The Lord Chief Justice and the Court, after hearing the argument.' on both sides, decided that the payment of the fine did not release the party from bis liability to dischar4e the ditties of the corporation. It was intended to mores a prompt obedience rather than exempt the party. SENTENCE Oi? TRANSPORTATION. WRIT OF ERROR. Mr. D. F. Jones moved • writ of error in this, which was an indietme•l at the guarter Sessions, removed into this court by certiorari, for a nusdentsanoor, on which the defendant was Wand guilty, and seateneed to traosportstion " to hem South -al C - ,