The National Register. — London, England, 1822-08-12 00:00:00

%.*4il 26sqe 2ntellignice. DURHAM. Toe Kist; L'. wtkEttals..-6ProCIAL WRY. The esperlation ml this extraordinary ems , load crowded the town of Darken' in an uncommon manner since the beginning of the 'koshers. The Court was excessie eiy cruarled long before Lie lordelcip came. At ten o'clock the eause was called on. — Tacit e of the special jury attended, Lot one of them being ex cieed from ill-health, a 161131111011 juror was sworn in his place. Nesors.Searlett and Tindall were counsel for the plaintiff , and Messrs. Bioughnin find Anteroom fur the defendant. John George Lambtou, Esq. M. P., sat at that bottom of the table among the co nisei. Aralideacon took his place on Lie Lordship's left liana on the bench. Mr. Scsrlett addressed the jury for a whole hour. and pleaded with remarkable earnestness for a verdict. A great part of his ailitress was a reply to tire arguments which he anticipited /trough on w use. Ile contended that e verdict agarn!! deis,ielani war necessary to save the Whigs, of whom lie Mr. Sack It ) ass un,r, from the imputation tat hostility to the eatahlished church. Ile knew that too other opportunity wouloi lie given to bun to adolrese them. lie their I'ore called cpon them, if ',et they aloud Le imertained by the speeili of Lis learned fiend, whom iu eloquence and ahility no mot could surpass, to revert to the question before theta. If his learned friend co old satisfy them dirt there had been no intention to Itrang a,,,,oterupt, no crelitoony, no slander, no attack o.n repu tation, uo clout to d, preeiate the clergy in ',Wiz estimation, then, and theta on:y, could they find a verdict fur the defendant. The usual formalities of proof were then gone through. Mr. Broagloim elicited, in cross-examination, that the hello were merrily pealed fur the coronation, but were quite silent—. sup pressed their eitiotiohs," on the death of the Queen. Brougham spike fur so hour and forty minutes with en energy arid copiousness of his peculiar reasoning, nee er equaled et en by himself. He was obliged to join with Les Lordship in Wowing. the bursts of ferv.d applause which lay rently interrupted the proceedings. He spiteated to the Jury cc tether they had eve; known a person btithli:.g in rue si tuation of a public prosecutor, Stoll g his cage with an much tirdunr, having. recourse to so much declamation, urging his arguments in so loud and so eloquent a fashicm, as his learned friend the Attorney-General of my Lord the Risley of Dur ham. Bat, very fur from coulilaioing of this, lie called upon them only to draw the itfereisee which he had drawn three ounters of an hour before—that his learned friend felt wind a labouring case his was, and how different from all he had ever felt before, when prosecuting, arid especially for libel. " Gen tietn,,n, he has called my client that unhappy man. Unhappy Le will be, indeed ; but lie will not be the only unhappy vat is this coutotry, if the doctrines of my learned friend receive the emotion of your verdict. Such a verdict, 1 fearlessly tell you, would utterly destroy the liberties of us all." The learned gentleman afterwards contended that it was perfectly lawful to question the very fuendation of the established church, and to winke ell sorts of animadversions on the clergy u a body. This doctrine lie contended to be particularly aimlicable to this country, where there Were three different establishments, and stmt more in this country, where there was a church so splen. itidly endowed. He re,iresented with undescribable effect the forlorn and pitiable condition of the Scotch, whom his Majesty was about to visit, but who, though moral, well educated, re li;ions, and loyal. had not sock a thing as a bishop from the Tweed to Jo on U•Groat's, and knew not the hlcssing of paying tithes. 'I lie learned counsel then argued that the writing now in question did not all allude to any discussion respecting the establishment, hut only lamented the fatal tendency of the mis coodact of the clergy. Who among as Las not v. ithiu the the last three weeks expressed that the flagrant misconduct of as individual brouj,lit disgrace on his order?" The statements respecting the conduct of the clergy towards the Qveen„ and the allusion to the fate of the illustrious personage, were pow erful and pathetic beyond description. In conclusion, lie called upon the jury to give their verdict for the defendant, for the sake of that hierarchy who brought the action, but against whout a verdict rof guilty would be a fatal blow. It is your duty to proclaim that light must continue to visit every recess of that hierarchy, and by that light its abuses must be cur t ected." Mr. Baron Wood said the jury would not be influenced by the eloquent and emphatic. 'perch they had heard, but would judge soberly and dispassionately. He was directed by 1-uw to tell them his opinion, and he told them, therefore, that he was clearly of opinion that it was a libel and a gross libel. Messrs. Alderson and Brougham reminded his Lordship that Lie was not directed, but empowered at his discretion, to give Lis opinioh, as in criminal cases. Mr. Baron Wood.—Then I inform you, gentlemen of the jars, according to that discretion that this is a libel. The jury considered two initiates, and than retired ten minutes lofore one. The Court having adjourned before they e. ere agreed on their verdict they were, after a long delibera tion, canducted to the Judges' Chambers, where they delivered a verdict of Guilty upon one count, and Nut Guilty" upon all the others. TUC KING v. WILLIAMS. Tiik was an indictment by Lord Stewart, for a pars (civic copied fit/1111hr ieishileiiM into the De rharn Chronicle, reflecting on the late Matrons of Londonderry. Mr. stated, that Land Stewart having assured Mr. William,. that if was totally untrue, lie him to Ile believed it be so 011 Ids lord•lii V * autism ity. Mr. Scrceant Hulluck eXpreSscll his lot vati•lael ion with 1 i% apology, and consented to a verdict of uut guilty Bl.AsPtiEvi V. An old man, named C. Hurtgior, vr-ss convicted of ut tering 0)(41611.1We expretoi9tis aes. cling the Bible, the Sorhair, mid the Virgin Alary, at 11 , sholi Ackland, while a tin•viun•ry from London was pi eaciiiii,; in lice market• pt.ce. He was sentenced to impoitionincist fur two Calen dar mouth... • .31. A. Taylor, Esri. a< foretaats of tile grand jury made a illont Or the lit ti e gaol, alter it lull isive‘tigatiuu of the case ahegrd by our ul &from EVri) Cll --111ti•latier Oi e,uuu l.lallll %ad tii•pr"ve..l, and tin. c•aciact of Vr. Waite, tl c gcceinor, played to be ea• *wordy correct, !nonage, and jnalicions. hoot' I Peat. aged Zor, was tiled for the murder of R. Pent, ill pililliciKlucc, uu lice:2lth of June last. 'llse factions proved its evidence. were ilicse t—The prisoner being cuur,lll :sled uric at law to the llt-eesuctil, had been left a le grey in a wilt made in !fil 5, tact having ciVeic offence to the If•tatur. a nut hes will iti.iile its IF le, I. IrVile scrliti.e pi opet ty In lier ...tilos' s wile. Tor tril.oel4 , l c o litc...! to get pusses. o h m o f ah.. will. , and aas diru k ed i rklAitg give.B Sun to th e der . 6.etl. to tr4l:liileinoitelly a• teir at T prisoll. tI, veil" ork itrawrehrilk. iu the !Carib 11...ing•of Youkthisc, oft -rum into Darlingtco every Marley, IJe .4.tiket.4lg . lie ohs ays called it the house of we ter Jar d. l e a the 3.iL of Jche, lid g THE NATIONAL BEGISTEIt. a Monday and market day, he called at the house of the deceased. The wife of the deceased had put a piece of lamb in a quart of water on the fire at ten o'clock, and went out to market twice. The prisoner followed her liar last time she returned, and told her lie had been in the lonise in her absence, slid that h•r husband Met then iu an adjoining count. lie then said that he had read in the papt•ts, that prisons had been poisoned lay water. 'Elie ileceasanua h • ll wile, alter having partaken of the broth and lamb, sickened and vend ed. The prisoner called again at four o'c lock, and saw them retarding. lie find never bc;ole called mote 111.111 once in a day. Ihe de. reared died at ball past to else at night. No medical mail oas sent for. Sea cral nciolihours oho owed of the lamb sickened. The prusecut►•ts observed sect ref pieces of a ',token phial OH die health ; the prisoner had bought a phial of laudanum from a chylatist, which he said was for ladies at Aliclilleton, but which lie told the cliymist, alter Acme suspicious %vete created, he had still is his posses• Before lie wa seed cid to prison, lie wrote to his wile, in which be directed his sea to give up the wills, and then added "'think no mote of me, my chance is very had " The deem-ell was buried four weeks before the prisoner was charged. A leeched! 111411 gave Lauds. nom to all o liu tasted of the lamb, and they recognized the same taste. 'lite medical man Wee or opinion I hull the deceased died of the laudanum in the lamb-broth.-- Gcilly. WEDNN.DAY, AUG. 7. Au objection to the indictment Will taken into conside- ration this mooning, when the Chief Jitstice over•, tiled it, and in the most sole's' manner sentenced the uuliappy con: rid to be uxecuted on Fiiday next. HEREFORD. BREACH OP PROMISE OF MARRIAGE. THOMAS V. JONES. Mr. Richards stated that this a.aionwas brought by David Thomas againt Auna Jones, for her refusal to marry him accord ing to their mutual promises. The damages were laid at 20001. Mr. Twrotun said that he had the honour to represent a gen tleman in a respectable situation of life, who was reduced to the unpleasant necessity of seeking damages for the breach of an e;qlageatent rarely violated by the female sex. Miss Anna Jones, the defendant, was not a thoughtless girl, who bad yielded to an imprudent passion, of which she bad repeated in time ; she had arrived at years of discretion, being of the ma ture age of 46. (a loud laugh). Mr. Thomas was some years younger, being about 28 years of age, and enjoyed • ft eehold estate of front 2201. to MI. per annum. The parties, who resided in the county of Cardigan, were, in HAS, introduced by a mutual friend, when the plaintiff was smitten by the charms of Miss Anna Junes ; sad she, after standing the usual blandishments (be would out ray rigours) of • siege, consented to take Mr. Thomas for better and fur worse Its her husband. The courtship was not clandestine ; but was oarried on by Miss Jones under the sauctiou of her mother, with whom she resided, and to whom she could have recourse for advice when ever it was needed. Hy her desire, Mr. Thomas expended no less than 2.101. in adapting his house to her taste, and she attested her sincerity by finding the timber for the work. She belonged to a sect of Cbriatiatis called " Anatisplists," and as she was desirous of promoting their interests, and of basing • place of worship near her house, she prevailed on her lover to grant a lease of some ground adjoining his premises, for the purpose of building a chapel, which was accordingly erected. After all this had been done, to the serprise of the plaintiff, Miss Jones refused to fulfil her engagement, and left him to bear his expense and mortification as be might. Her promises to marry would be proved beyond all doubt, for she had not only cap d her intention is words, but had attended at the udice of a solicitor at Llaudillo, with Mr. Thomas, and bad as sealed to instructions in writing for her marriage settlement.— These instructions proved, that a family was expected from the union ; for they provided for raising portions for younger sons 1 sod daughters. (lowa to the 9th or 10th child. (A general j laugh). It was difficult entirely to preserve gravity on such a subject ; but the injuries sustained by Mr. Thomas were far I from trifling. He had been put to great expense by the ex pee ations which the defendant had disappointed, and for these he was entitkil to a fair remuneration. And, without dwelling much on the injury to his sensibilities, could It be thought that he now would be as well received by the fair ladies of Cardi ganshire when he attempted again to seek a partner for life, as he would have been before lie caperienced the scorn of Miss Anna Jones ? On tile whole, a considerable loss and vexation had been sustained by Mr. Thomas, for which he had a right to expect reasonable and temperate damages, W itnceses having proved the case us stated by Mr. Taunton, as well a subseepient refusal to marry the plaintiff, Mr. Campbell addressed the jury for the defendant. So ri diculous, he said, was this cau,e, that I is learned friend (Mr. 'reunion), who even at the bar wore by anticipation a judicial gravity on his countenance, was unable to refrain from bursting into laughter while he told the sad tale of his client's misfor tunes. lo truth, a more ludicrous, a more absurd, a more un principled action, 'teem- was permitted to disgrace a court of justice. Would the plaintiff be the less pointed at on account of the attempt which be had made to-day? Might he not have *ern the willow in silence, or bare sought to forget his loss with some other lady, tisorJ suited to him, more young, more suited to satisfy all the purposes of • marriage settlement than her whom be had lost! When a woman was deserted by her lover, a hen she had wasted the best years of her life in depen dence on Ilia fidelity, alien she had lust her all by his baseness, there was some excuse for her seeking redress in a court of law. Hut what excuse was there for a man who dragged into public a woman whom he had professed to love—who consigned the object of his delicate, his italisssioned, his gentle affections to the custody of JOllll Dt 2 and Richard Roe f•—(A laugh.)— In this case, the Jury would perhaps think that neither the promise nor the refusal to marry was proved by wit nesses on whom they could rely ; for how could they believe that wittiest, fur example, who overheard a conversation while stoppiug a gap, in which the defendant admitted a fictitious expense of 20d01. which happened to be the precise amount of the damage laid in the declaration, and talked of bonds which had n i existence. Hut if they believed there bad been an en gagement which the defendant had t roken, what claim had the plaintiff to the damages? Of the injury to his feelings, his *otiose, had scarcely ventured to speak, lest be should ruin all by bursting into laughter. The lady was forty-six ; and though one of the witne.sea said she was heantitul, he (Mr. Campbell ) had her own authority to state that She was " exceedingly plain,''—a canfession which when made by a lady, was entitled to implicit cr.atence. She was not veaty accomplished e for she could neither read or write—nor 'maid she be of very aimed underatandit:g, at sow heard the instructions for her set dem, id read over, and suffered tom anticipation of her nume rous C.laly to recta n w:t'met objection. If the jnry gave I • Is•xvoce fair his wounded feelings , sal another sispeoce for his I,at. . u.sisry lasses, the . : would do him mute than justly*. idr. Justice Bayley expressed his essisies, that the promise was fully proved by the instructions for the settlesieut. The plaintiff was, thcrrfore, entitled to a verdict for something ; but is estimati4 the amount or damages, eta jury would recollect the disproportion in the age of the parties ; and, wbi e they considered any fair expense really occurred in contemplation of tile marriage, they would set MT against it, lbs timber provided by the delcouttott. The Jury found a verdict for the plaintiff—damages The verdict was received with evideut surprise and dissatisfse tiou by the learned Juke and the whole court. SU I.:X AMR ASNIZES. Lewis, AUOUST s.—Tlio Summer Assizes for this county cointliviirtil here imilay, before the Lord Chief iron, on the Croon side, and the Min. Mr. iii tics Park, nit the Civil rode. In the G.lOl Calendar there are 35 commitnieuts; and the Cause Paper contains twenty entries. CROWN SIDE. Henry Durrant, alias Henry Hood, was indicted for assaulting Mary Austell on the King's highway, to the parish of 'ficehursi, on the 7th of June, and sterlinu num her various articles of grocery, and two pair of hoot?.. This case was marked with circumstances of brutal violence. Mr. Berens stated the case for the prosecution. The piosecutrix was a widow woman. On the 7th of Jane she went limn her dwelling at Swaimlen to Ticeiturst, to purchase groceries anti other articles. Returning homewards at 111.1%11 o'clock in the evening, she was over. taken by the prisoner, a smut young man& twenty, who first asked her the way to S.d.:shurst. Site pointed out the way. He asked her what o'clock it was, and hat ing told hint, he immediately knocked her down with a bludgeon. Fur a 1111/OWIII she was insensible, but im mediately recovering, she had an opportunity of obsess. ing the person of the prisoner, whose face was marked with a large scar. lie demanded her money. She said she had tunic, turned her pockets inside out to convince him, and begged for mercy. The prisoner struck her another violent blow set the head, and then ran off with a small parcel, containing sonic tea anti sugar, anti two pair of leather boots, which she had bought for herself and ilati.4.ll , er. Violent as the blows were she was per fectly sensible; hut hi consequence of the loss of blood she was unable to pursue her way. With dilli.-iilty, however, she crawled to a a neighbouring house, where she was known. In consequence of her description of the prisoner lie was apprehended. On his person was found a dark smock frock stained with blood. The pro. seciitrix swore that tile prisoner had worn a dark smock frock when he a:tacked her. Site had 110 doubt what. ever of his identity. i•Vhen the prisoner was taken up lie gave contradictory accounts of the smock hock. Hu said he was at a place called Newich, 25 miles distant front the spot where the robbery was committed, at the time the offence was alleged to have been perpetrated. — As to the marks of blood, lie said they were occasioned by a fight in which he was engaged with another 11101 about a week below, and that sett nose was blooded on that occasion. Torre statements of the prisoner were completely contradicted. 'the prisoner said nothing in his defence. The Lord Chief Baron s 1111111 l ed up the evidence, and the Jury immediately found the prisoner innity---Acatii. The Learned Judge proceeded to pass the ass lid sen tence of the law, and conjured the prisoner to prepare tor its execution, assuring hint that lie certainty could hope fur no mere , : in this world. aI•GUST 6.—J. Wiggens was indicted for the wilful murder I of Henry Lilliot, at Brighton, on the 20th of April last. Mr. Andrews conducted the prosecution. It appeared in evidence, that on the day mentioned in the indictment the pri soner mid the deceased had set two boys to light on the beach at Brighton. Some altercation took place as to the merits of of each combatants ; mutual reproaches followed, and soon as the boys had done fighting, the prisoner attacked the deceased and entered to fight him. The latter being the lighter man of the two, after a round, in which he got the worst, declined the combat, but still continued to jeer the prisoner upon the subject of a defeat in which be was beaten by sonic other man in three rounds, and said, that if he, the deceased, bad more weight he would be a match fur him. After provoking him for some time in this rummer, the prisoner fell upon the deceeted.knock ed hint down, and whilst he was on the ground kicked him too or three times between the hip and the back. The deceased being released, he walked home, apparently not much hurt. — This was on the Saturday. On the Monday lollowing he cora pi/tined of a pain in bit back, but be continued to work for six or seven days afterwards at his business as a bricelayer, whets he was obliged to lie in bed, from %Vet be never rose again. and expired on the second of May. He was examined after death by two surgeons, who stated, that there appeared to be no marks of violence on the body, either externally or inter nally, which could produce death. They attributed wort:dint to a fever produced by eneitement of the constitution, in con sequence of the blows he had received. Between the hip and the region of the kidneys there was the mark of a slight contu sion, but not am h as would have produced death. The de- ceased had been previously in good health. The prisoner called two or three witnesses to givsan ascoiru t of the transaction, but their evidence did not differ materially from that of the witnesses for the Crown. The Lord Chief Baron charged the Jury, that they must ac quit the Prisoner of wilful murder, there being se evidence of any malice afotethought to sustain that part of the charge. If, however, they were of opinion that the prisoner bad occasioned the death of the deceased, they would be justified in finding him guilty of manslaughter. The Jury found the prisoner guilty of manslaughter only. end the Learoed Judge, titer animadverting upon the cowardly brutality of the prisoner in kicking the deceased wh ilst on Ilm ground, the latter being confessedly no matoh for hint is sell defence, sentenced him to six months imprisoomeut an the county gaol. James Tilley and D. Bernell were indicted for berglaviously breaking and entering the dwelling-house of Elizabeth M stsco,, at Petworth, on the night of the pith of April, and stealing therein three Chichester and two Arundel bank-notes for Ott payment of 11. each, two caunit.ers, containing a quantity of tea, and • gum. her property ; and Henry Leggett was indicted fur receiving the g tail, knowing it to have been *mien. M r. defence.rwoo d e i ts b n , d r u . ct e w d er the e a r p e r p o n t , e s c u u n ti o u e n , ; o a f nd 0 11 ,, l n r i . i.d ll e o ra rt i r .i : the ' atrocity is this e ve. The pr,tecutrix, and elderly cowls& 1 lady, and • rental servant of alai 1110f0 advanced rase. scalded in a dela 'led house in the parish of Petwortb. flat the night of the .fith of April, they bail rat:lad to hot