The National Register. — London, England, 1821-12-16 00:00:00

no such oiler. The Attorney-General stated, that In 1818, an election took place, at B.trintaple. The candidates were Sir M. Lopez and Sir H. Toompson. Ott the latter bring thrown out, he petitioned the House of C01111111)113, complaining that Sir M. Lopez had been returned by her y. The petition was idles red to a telect commitee, whit h ex. ambled witurs.es. The defendant on that occasion made his deposition, toting the conveisation he had with Os Antic.— A bill was afterwaris brought into the Commons to depr.ve the Borough of Barnstaple of their elective franchise, and give it to the neighbouring Hundreds. The bill tent up to the Lords, where evidence nos also beard at the Bar in sup• port of the tillegations of bribery. The defendant, on that IJCCitIiIUR made a secotid depObitloll, ill which he denied w hat he had sworn in the Commons. The 'louse of Lords, in consequence of the perjury, not only of the defendant, but others, directed the Attorney Oencral to prosecute. In consequence of that direction the defendant was this day to answer fop hi, misconduct. Mr. Whitham, clerk of the journals in the House of Com mutes, proved the lamentation of a petition on the part of Sir H. Thompson, complainin4 of the return of Sir M. Lopes, also the examination ur witnesses. TM:short hued notes of Mr. Liuruey and his assistant were read to prove the answers given by the defelidaut in the Comm our, and at the bar of the House of Lords. Mr. Adolphus then addressed the Jury for the defendant. Ile complained of a defect in the counts of the indietwent, mid contend, al that it was difficult for a Jury to Mot the defendant guilty.—The perjury arose mit of the declaim at the Borough of Barnstaple; and it was millet ex tiaordi eery, that the Attorney-Gent:tail, Lards und Common•, should combine to punish a poor brick-maker. More had been pressed into the information thin the prosecution would warrant. The assei lions of the deleildniit were these:— He was a freeman of the Burom,ll of Ilariemple, and he voiril for Sir AI. Lopez and Sir 11. Thompsum As well as lie could recollect he met Jo hn tiribtale, the agent to Sir M. Lopes, in Workhuuse•lnue, who asked the del, aidant va h. Bier lie had made up his mind. The defeutlatit told Lim he had not, but lie 14 'shied to do 60 if lie could have satisialetion.— He meant compensatimi for loss of time. Ca Bible told him he could give Min nothing before the election, but Would give it utter. then gave his vote for Sir M. Lopez, and he was induced to vote for Sir M. Lopez, lay promise of satisfaction. At a subsequent examination in the !louse of laurels, he said, sa hen Dribble spoke to him in Wail k house lane, no satisfaction w.:5 given. This variation, the learned counsel contended, was not sufficient to become the foul). dation of a cleirge of vs ilrul an,l corrupt perjury. The first deposition might be incorrect, but the defendant had three months after endeavoured to amend his statemmit. It was impossible foe the Jury . to ,ay, wttllont tvadence, whether the pei jury as, in the House of Lords ur the House of Commons. The Attornvy General %us heard in reply, and the Jury founda verdict of (Guilt). THE IRING V. EDWARD!. The defendant, another of the Barlisinple voter, was tried upon an information exhibited bs the Attorney General, charging the defendant with wilful and corrupt perjury, in giving his evidence beim e Ihr !louse of Lord', touching the bribery in the lint uugh of Bat nstaple during the last elec tion. The defendant, before the lionise of Cumulous, stated, that an agent named Witkinson, °Weird to give him a IL note to vote for Sir M. Lopez. At his examination before the Lords, lie denied that any such oiler had been made by Wilkinson. Mr. Adolphus addressed the Jury for the defendant, and contended, that there was no proof whether the defenda n t had sworn fol,ely before the House of Lords or the !louse of Commons. The Jury found the defend tot Guilty. ItiE KING V. lIARKII. This was a similar prosecution. The defendant ts •s charged with swearing certain matters before the House of Lords which w ere false. He swore in the House of Gamow., that Wilkinson ufrered hLR infancy to vote, mid t efare the House of Lords he swore no money was ollered.—The Jury found the defendant—Guilty. Y•RMSR V. /ROOD. The pleadings in this case were opened by Mr. Chilly.— It was au action for a malicious prosecution. Mr. Gurney, who stated the case, said Mr. flamer had brought this &XI ion fur the purpose of obtaining a reparation damages fur a serious injury. This action imputeo to the defendant, that he had maliciously aunt without CI. use pre • (erred an indiutinetit, chi-riming the plaintiff with basil' C J ttttt lit led the crime of conspiracy, in CUlljUllettU/1 Milli it person named Lee, for the purpose of obtaining money under false pretences from a foreign Nobleman.—Mr. Marine/ had been an attorney of that Court Dot less than '2O years, nail 55 noting lit stal4ll Dell berme the Judgra na well as the pi o. fessouu, had bi might this at aim in or,:er to repel the itiajo. tation call ou his character. it was wish pain Le had to state his case. because he ass obliged to introduce the l Roe of a person of distinction , not at present in this country, Who WWI CnOCero rod in the transaction which gave rise to the action. In ISIS a young VlOO MI named ItoOoo. H lilt her father applied to 51r. Ilat 'tier, in his profcsA.iird char•cter, mating a lamentable case. It aar i crest ided In him that hilrt the 3 oung a oman a as honestly earning her liveLls 10 •iins Iv* re used fur her seduction by the domestic of a foreign nobleman. Overtures wet e made to bar fr. ta 111410 to lone, in the name al' a foreign merchant, who, it was said, would provide fur her a ith the „reatestlibcrality. 114 aloe sans mentioned as 'Air. Pickard, and - 11/ the end his etfoits acre successful. This youog *soma's was iodated to live with him in luagiugs, where she passed for the %Le of Mr. Pick:rid, %ho am no other 1111111 the nobleman. — They lived together some time, when she became ' , regnant. It ass then said he was de•irous of getlitig rd of tier. She Ma, far aimmni ed iu pregnancy, and reeuecil to a Slate of destitutiou. The passim' of her seducer had abated, and sbe gas wholly without support, alma she made a charge of his using 11111:111§ to get tid of her. Alr. Ilattukd 1101 neser• before west her rir her father, aml he Nilo 114,1 O., l loliCd to take sudden and hasty proceediuga, hot he theiglst some. tiiing ought to be dune to obtain for her the mean. of sup. taut, rod pi e• 01.1 her from rushing to a stale of pro. titation. ...it e knew a ge.menum is. mutinied with the nobleman, and lie ask4d him to see if may timig could he done 10 pre vent exposure. Mr. °Wilms:lb. the ~eaceuutii applied to, 54 as (lathe bUle the notdeinais a amid be much 0n1i,041 to It. t expel:Mrs./111d begged lie mould go to rigs nobleman. Ile had uu interview wish hint. The imbh m 4ii immed the story about the UICIWIII to gel tid of her s but on 1, .1 c 1 . 4 hating to the keep of il.o young woman,a ed his ;elm ney num r VII tire otragion. Mr. Fr"nd, the iletendent, amino zed Mr. limner to advance tile young woman 51. aril . 11 it iner advanced 51, mole. The dm fondant pi oposed h, r to the a orkliouse to lie in. NI r. 117111111.1 Slant time 'flu Hp l Iced lit have the ICI. 1111'd; atid THE NATIONAL REGISTER I finding he could not get that sum, requested the 51. Mr. riouil then talked of compelling the young wootan to go brfore a roa;iatrate to swear the child. Mr. Ilarmer not being able to het the 101. wrote n respectful note to the nobleman, and reqiiesied lie might have his 101. He was much astoaislied after this, to hod, without Huy pies ious notice, that Mr. Proud Aria to the session., Clerkena eil, nod prefei r, d an italic ['nem against him.elf and a clergyman, tor conspiiticy. The clergyman had no know ledge of the letter sent by Mr. Harmer, but hea.ing of the case, had written to the nobleman. The plaintiff had notice of the indictment soon after it WIll! found , and sent to 51r.. natal, qating th.it he would surrender, and take his tiial on the Monday following; bat 51r. Flood said lie should conduct the prosecution in the common way. The iiidictment was ' removed by certiorari into this court, and Mr. Harmer wits acquitted. This was the plaintiff's ewe, and the Jury would have to soy whether the defendaut preferred this in dictment maliciously. If the evidence made out a case of malice, the - daniages would no doubt compeusate the plaiu tiff for the attack upon his character. Mr. florney thou called John Lim re, who produced the indictment found by the Grand Jury it:itinq the plaintiff.— The same tieing rend by the clerk at Nisi Prins, charged the plaintiff a n d auother with conspii mg to defrwud the nutilcmau. S , rgennt Wake asked how the family name of the no bleman was sin:lli:di Mr. Abbott said, with nig. Sergeant Peake then observed, that the name in the de duration was spelled with is j. vaiianee wu.dd alter the bound ut the tailor, and make the aCtl9ll apply to a dtf• ferent person. The Lord Chief Justice sslted Mr. Cuincy if he was pre pared to prove by any pet son who undeibtood Spanish, that both letters produced the sante sound in she Spanish lan- gunge? Alt. Gurney had nn witre., to est:4lll6h that proposition and tits misnomer being held Wit!, the plaintif unto non suited. IMIDAT, DEC. 14. PERJURY.-1118 RING v. DREW. The defendant was indicted for wilful and corrupt reijory, in stating ut the bar of the House of Commons, ;oat Culintel Bales, who :duo(' candidate at the late election fur the botiniAli of 'lesion, in u; bsitire, ullctel lual YUI. or 301. to vote for Iti.t.. Colonel Bayley bring examined in support of the prose cution, denied in the must positive term., that he ever 011 red the defendant any money, and, wider all the eireurnvtancco, found the defendant—guilly. 11/11 KING V. DoLsr. This leas called on fur 16:0. It was a prosecution by the Constitutional Association, against the defendant, a stationer, in the Strand, for the 1:n1)1:cation of an alleged libel, entitled lie " Political Diationary, or Pocket Companion" Three special jurors appeared in the nog to try the in. dictineill, **licit an objection wa* taken to the array, or jury set in order by the Sheriff, in his return oft lie panel. Mr. Scarlelt challenged the array, on the ground that John Canto t, Esq. the Sorra!' who returned the panel, was a itiviiiher of the Constitutional Absth hation, rod consequently our of th.• pro.secut.prs. Mr. fiurney, us coun,el for the prosecution, denied that Mr. flarratt was, at the time of the 117111, I, one of the pro beCUturb. Mr. Scotlett then said, they must go to tune upon the questioo, and the Judge %Milli appiiiiit triers. Toe Lord Chief Justice iwniediately appointed two of the three special juroi• in the bog to try the issue.— Tile juror., were Willions Nlitcliell, lis:i. and Francis Thad. deo, E.g. . . . . . There being no of jection to the Nil:ointment, the two gent lemtm %ere sworn :o try whether John Gurrat, Esq. oae set the Sueriffs of Landon ;LIM Middlesex, at the time of re turittog the panel to this Court, %us oue of the prosecutors of the defendant. Ali., Seal lett then addressed the Triers. lie vtated that 41 a (Ors LI Oil was, a liettier Mr. Gairatt, the Sheriff of London, was one of the Gomtitutional Association, and whether he gave nt that character a list of Special Jurors ? It would perhaps be said that Able' man Garrott had !been a member of the Association, but had suit suithdrawa his mane. I f he had embarked his money w the concern, he was still a partner, and engaged in the purtnersaip transactions. The learned counsel stated, that lie should prove Aldermen Gar fait was a member of the Society, by the udinisviou of their own solicitor. Mr. Davenport, the defendant's attorney, said lie went to the Grown Office to make inquiry who were the members cuitipesin; the Consiitutioil l Association, and Mr. Rl ur,uy, tlie Solicitor for the pi usecution, itli a 11., ut the pei sum ur subscribers of a body styling thetu.eli e tit.: Assuctathon. Jo hn Garratt, Aide, man, %%as our of the names given by M.. IMuriay. tits re. eirvtl the hat oil the tilth of May lust, and be belie%ert Joint tutt at that time to be one of the Aldermeu ut the City of Lottuott. li..,bertssaid, he was well acto.,itite4 w ith the tier ,t Alderman fiarratt. At the poll ior the Sherd', the day alter Atithuinater-day, Nir. Atoeroato Garnett oeclored i.e lot I been a member of the Conitautioutel A,loCi.ttiOn, hut he had ceased to belong to it. The %%cduesday follow - lug, in another vetch be made uu the hustings he retracted (hut declaration. iie Lord Choler Justice asked the witness the words used by Aidtrinan Garratt. The aiutesscould not state %%hat was said. 11l collie queues- of sonic debate on the host ins lie retracted the de. Clariltl4lo made on the Monday preceding. Mr. Ciarrall au, at the head of the poll when lie retracied his declaration. scarleit then te•certaitied that the indictment was Nuad on tur 25th of May. The ticchn anon made by Mr. taariatt was made ou the day alter AI ttleunnuer day. Ali. Gainey for the prosecul ;aid, the Sherilf certainly nits teinivally one who returned the panel, told Mr.Scarleit nos e,a died to object to the retain of the rand, if the :sae, in* could be made one of the prosecutors. he day after .11h13.nntn.r day, Mi. Gartutt eeclared lie bad ceased to he m.vu.itt of the Association, trod Mr. (I..iiatt was in court to stile that lie a as not a mentbei of Aasuciation. Mr. laai rail was theta called., Mr. Scat lett objected to his examinatio:-, on the ground tuna he was 110111 competent a itiwsv. Tue objeisk.uu teting to iii act of n, of a Inch he was the author, 1:c could not be .1 Lowed to give cvioence on the imbjiit I. Gamey sulettutteil that this Imo% u collateral issue, the hzie.lll . had WI inleflNll, and $lllOll 111 the anuutiun 01 any M.rr ss sinews. ChielJestice ►ald, as there was no authority on the iltirlldon, the .der way Wl's to Consider the witoeua iaeumertent. lit. eu►winauuo M4IG armlet* disernati us Mr. SM.. p was then called. lie ts as a prosecutor. Mr. Sesrlett objet led him no bring • pruseester ; but the Judge allou ed him to he examined. The s;itness then deposed. that he was secretary to the Association, and had been present at n.I the meetings. In May last SheritfG•Nctt was a niember. He reastd to be memlat•r loog berme lie became Sherif. Cross-examined by Mr. Searlett. What are you, Mr. Sharp /—Honorary Secretary to the Constitutional Society. Honourable Secretary to the Society! That is not your usual business /—I have no business. You live on your fortune, then /—I live on the Ream I possess. Were you ever in business?—Yes. What/—ln the Munchester cotton trade. How long since P—T w o years ago. Is that your only business?—Yea. Never had any other?—No. You have beam two years without busistessl—Yes. You say Alderman Garret became a member of this Association by becoming n subscriber?—Yes. And that he ceased to be a mealier I—Yes. Hare you returned him his money ?—No. What have you dame with it I—The money went into the genet al hand. Ate you treasurer?—No. Who is ?—A I 'crintin Atkins. What did you 'neon by toying be ceased to be a member? —I ter e.ved n letter, circulated with the names of the sub. ►cribets, alid his statue was nut among the members, Mr. Scarlett then addressed the Jury, observing that his learned friend, Mr. Gurney, by calling Mr. Sharp. had strengthened the defendant's case. He did not charge Mr. Gas rail with bring a member of the Association, but he had supplied them with funds. His capital had been embarked in the undertak ins , . and the proceeding against the defendant commenced whilst his funds were employed —lie was a prosecutor. The Lord Chief Justice summed no the evidence, and left the Jurors to say whether Mr. Garrett was connected with the piosicntors at the time of striking the panel. The 'friers delivered their verdict, and found that Mr. Garrett, at the time of striking the panel, was one of the prosecutors. The Lord Chief Justice then directed, that further pro. ceedings upon the prosecution by the Society, against the defendant, be postponed, and the event of the issue de clared in the return of proceedings in Nisi Prins. Mr.Thelwall, who was in Court to defend a prosecution preferred by the Association, addressed the Judge, and stated, that notwithstanding the decision just come to, he should prefer going to trial, rather than remain with the prosecution hanging over his head. The Lord Chief Justice said, Mr. 'flielwall might appear to-morrow, and state whether he meant to waive the ob jection taken by the other defendants, as in that case the Jury might be appointed to try the cause. Mr. Thelwall acceded w the suggestion, and is to de. Clare his intention after consulting with his legal adviser. The King u. fienbow, and another prosecution at the snit of the Association, were called on pro forma, but were postponed upon the same objections. Mr. Morley paid the special jurors in every prosecu tion. ILLICIT DISTILLATION. *RODE 4COTCY lIPAPEIL) Ou Tuesday evening an illicit still was discovered and destroyed in Bridgeton, by excise officers from Glasgow. A man connected with it was taken prisoner, but amob of some hundreds rescued him. In the fray one of the officers was severely hurt: and another, with some difficulty, escaped into an adjoining house, where he was forced to remain till the following morning. The • audacity with which these proceedings are carried on is hardly to be credited. We are informed that the labour in this abominable profession is divided. Wash is made, and can be bought in any quantity, from a gallon up wards, and distillation goes on, front a tea-kettle to a large still, producing altogether a quantity of spirits which ICw would believe. ‘Ve have also heard, from authority on which we can place the firmest reliance, that in the west end of Glasgow, and a district of some miles around that quarter, while the)a are only 440 licensed hone • for selling spirits, there are 630 unlicensed which sell spirits, many of the 'mates of which arc brought up every otree mouths for fine, and not one of whom, though coastinily carrying on business, can sell one drop of lcgal spirits, because, being without licenses, they can obtain none by permit: nor have we any reason to be lieve that matters are better io other places. In London we observe that the se , zure of stills is becoming more frequebt and we hate heard as a fart, :131 having become too lIUMerOUS to render the trade profitable, seve ral of these pests of society have swarmed 01l and left Glasgow, and also front about Edinburgh, and are gone to London, where they believe they will have a wider, safer, and more profitable field for the exercise of their calling. On these points they possess, in general, cor. rect. infutmatiou. luformatioti having been received of an extensive illegal distillery being at work in a wood in the parish of riffinaleutn, a party of Custom-house officers at Port. Glasgow proceeded there early on Thursday morning, and found, in a planting in the said parish, a work of unexampled extent, conducted by a band of desoeradoes from Dumbartonshire, front whence they no doubt had been driven by the activity ot the revenue otikers and military in that quarter. fire officers destroyed the still on the spot, together with ISU galloas of low writes, and' 1,000 gallons ol wash and worts: and they also brought home, and loaged in the Custom-house warehouse, le large casks, one copper mu 11-head, two copper worms, and about twelve gallons of whiskey. From the present state of smuggling in this country, a traffic so inutile to the morals, the lit.alth, and pinsperity of society, we think every well-disposed person will congratulate the revenue (Aileen at every new triumph they obtain Ma such bold violators of tlle iaw. At Wellington ittaiLet. on Thursday Lat. %%heat sold (rout Os. tid. to Bs. 3rl. per bushel; prime heel; mutton. poik, lions 3d. to 40. per lb.; grio3 potatoes 4.,. per 1),I4 of eight "core pounds; and turnips lits for three fI 1 ' ,Y)