The National Register. — London, England, 1822-06-23 00:00:00

r THURSDAY, JUNE The Lord Ceief Justice requested the warrant might be reed. Mr. Campbell accordingly read the warrant, by which the man appeared to be romniitted for all indefinite pe riod, namely. until discharged by due course of kw. Die Chief Jul ire said, the Cuaunitntent was illegal, as no magistrate had power to commit for an unlimited pe riod.--The Court grautrd tho writ. - TILE also u. M. A• C tltr•lLE. Mr. Evans moved for it rule to skew canse why the gaol. r of Gloucester should nut 4liiiV/ the defendant the use of air and eNercise, and gibe Ilse *MAW indulgence to her as to other prisoner.. Tile Lod Chid' Justice said, unless Mr. Evans brought the matter before the Court as the foundation of a etlmi nal proceeiling)inainst the gaoler, they could not enter tails 'Si. Unless there W:l4 bathasity in the conduct of the gaoler, the Count could not lutes fete with the internal git , e 11111 l rot of the pi isuu, which was regulated by Acts of Pat !lament. Mr. Evans did ore impute barbarous behaviour to the gaoler. Tue defendant saute in hes affidavit that she had not the same indulgence 114 others. The Court weie UI opinion thin they could not interfere. MIDDLESEX MAGISTRATE:S.-TOE KING V. COLLINS, AND OTHERS. Mr. Gurney was this day heard in behalf of Mr. Mills, one of the defendants. The learned counsel contended, that the de fendants could not be charged with a corrupt motive, and that they ought to have a new trial, The Court then gave judgment, being unanimously of opinion, that the defendants ought to have a uew trial, on payment of costs. TIIE KING v. KNATCIIRI'LL AND OTHERS. ...—... . The defendants were found guilty of a conspiracy to defraud Mr. Worrell, or Bond-street. by representing that Mr. Knatch bull, who is brother to Sir E. Knatchbull, the member for Kent, was entitle(' to receive property, which, in fact, he had received. The Common Sergeant and Mr. Plstt were heard in support of the application for a new trill. They contended that the de fendants bail not been convicted rightly. There was no in ducement to commit the crime of which they were convicted, because they had nothing to gain by it. The Court said the conviction, as it stood, would render the defendants liable to severe punishment, and, as it was a case of considerable interest, they should take time to consider their judgment. COURT OF COMMON PLEAS. FRIDAY, JUNE. 21. UR RE (SA ACKSON, CLARKE, AND BROOKS. Mr. Sergeant Vaughan moved for a rule to show cause why the names of Isackson and Clarke, two attornies of this Court, should not be struck ollr the rolls, and why a pi rson named Brooks should not be attached, lb.. contempt of Court, without having been admitted. The learned Sergeant grounded his ap plication for a rule upon a long affidavit, which detailed the proceedings of a trial that took place in this Court on the 12th instant. It appeared that a publican residing in Bow-street brought anactionagainst Brooks, to recover a aunt of money that had been deposited in his hands bydhe attorney to the publican. —The latter, it was stated, had intrusted Brooks to bring an action for the recovery of a sum of money, which sum was re-. covered and paid into his hands, and to get it oat of them the publican brought this action. Brooks pleaded in defence to that action, that he was not an attorney, and that he was but the clerk to Mr. Isaackaon, in which capacity he had received the money and paid it into the hands of his master, Mr. Itiaackson, and that therefore he was not liable. In answer to this defence, evidence was called for the purpose of proving that Brooks had for years acted and done business as an attorney, in Broad-court, Long•acree, where his name alone appeared upon the door, and where no person but himself was ever semi acting, and that lie was the only person known by the witnesses there for years, and always known as an attorney. In reply to this case Isaack fon was called for Brooks, and he swore most positively that the offices in Broad-court were carried on by him, and that Brooks was only his managing clerk. Some evidence was pro duced to prove that Brooks had been the managing clerk to Clarke, the attorney moved against, until lie became bankrupt. ♦ document was put in evidence which was en appointment by tke publican of Isaarkson for his attorney in the case, and pur ported to have the signature of the publican_ A variety of facts came oat in the course of the cause, however, which weakened the testimony in behalf of Brooks, who, it appeared, was the rester of the house, and was the petitioning creditor as well as assignee to the estate of his pretended employer, Clarke. In fart, sufficient was known to induce the jury to believe that Clark« and Ismickson were the mere names under whieb Brooks carried on business as managing clerk, and that they had no real share in the business, hot merely lent their names to him for the purpose of enabling him to act as an attorney of that Court. Time affidavit charged, that the document, purporting to he an appointnii nt by the publican of ISIINCL von as his attorney, was a forgery. The Court, however, ordered that part of it to be struck out, as they had no power to try the fact. The learned Sergeant submitted that a rule should be granted to stew cause why the two attorneys, Isarickson and Clarke, almuld not appear under these circumstances to answer the interrogatories put to them, and why they should not be struck olt the rolls, and, as against Brooks, why he should lint be attached for contempt. The Court, after having beard the case at great length, granted the rule to show cause. PREROGATIVE COURT. WEurvoner, June 19. IN THE GOODS OF HIS LATE MAJESTY. he gne•tion otyirriarlictien, in the en.* of the ,oi-disaat Princess Olive. this day nudes went a solemn argiiment of five hours. The Court was crowded to extra., and was attended by the lady, who came into Coort richly dressed. Dr. Dodson said, that his learned friend. he thought, bud fully rstahlinlied the points far which he contended on a formes day. Without wishing to detain the Court, he should add some farther ohnervoitions in a cane of so mach impels tatter. Hia learned friend had almost cierdly made out the proponition that the King, of this country lead the pottier to make their will, and dinp.ine of their private estates. both real and personal; and having looked into the be.t text writers on the iiihject, that doc trine WWI contirrued. The first was Cilear, our of the oldeat text writers, who laid down that every per-on, as well an the King, had that power. Swhiburtie, on Willa, laid down that every pet son might make a will, unless ex per...sly under legal prohibition, 44 lunatics, rind persona godly of 110101 ions clinic.. The King of the realm he could not find prohibited under this general desetiwien ; the pa ineiple applied to et's), Permit', of %liiiever rank or station. This could be ti need as stan dard law from the :Saxon Heptarelty nod the Norman Conquest. Dr. Dodson asid it was the 11141 oteiret 01 THE NATIONAL RE( ISTER oh trace, both on the part of his I d friend end himself, to proceed in the most respectful way to Isis Ma •jesty in support of the royal dignity. Tliey requested the King's Advocate would point out a way that was more respectful. 'foe King's Advocate anti Proctor, they con tended, had full poweis to appear atilt deleuil all cases ill which his Maje•t '4 interest was colter' tied. Dr. Hags' iril followed on tie same side, and, after going over the authorities cited and relied no by his learned friend, he dwelt upon two wills made by Henry V. The first was a private will, before his von was born, and other after his birth. By the second will the Dukes of Bedford and Gloucester were declared executors and trustees; but the Earl of Warwick, as in this case, was appointed his son's protector. Sir C. Robinson (the King's Advocate) appeared under protest In the , j,,r, s ,tictioli of the (7ottrt, and contested the proposition of his learned friends on lite other side— namely, that the reigning Nfaiiareli of this country cotild be cited by the authority of this Court to appear person ally, or by proxy, to any process instituted, w;tle a view of making him it defendant. 'the Court was not hound to take notice of this application, further than it concerned the prerogative of the Crown. 'Flue paper, if it was a real document, had been kept hark for 40 years in the hands of the patty, and HMO no living evidence could be brought for ward as having witnessed or attested it. It was to be supported upon the mere evidence of rnmpsri• UM of hand-writing, whirls was in itself inadmissible There was it 1111 l ething so soars ellous Itr the whole history of this person, that it was considered altogether iurredi• Isle. This ambiguous paper • as lie should lei in it, referred to no specitio property of his late M tjesty, ...,ver which this Court could give its operation. Suppose this Court were to give effect to this itedrument, by what ;toner Could it be carried into exe;:ition ? the King could not be sued upon the decree of this Court, and the, efore no fruits could be directed from this Court's granting probate. Dr. Adams followed the King's Advocate, and ron tended, that this party had no oilier remedy but as a matter of grace and Inertia from the Crown, or by pcti• lion to the Court of Chancery. Was his Majesty to be , ailed upon to deliver tip, and bring into this Court, all scraps of paper relating to his royal father's property, whirls may be in his possession ? These were the conse quences of this Court granting its citation, that whale* sr disclosures were sought to be made must be brought be fore this Court, and through this Conti before the eye of the public, from thence to be discussed at tea tables and in coffee house■. Dr. Lushington replied. This paper, according to hill learned friend, if admitted to ' , lobate, could never be carried into effect ; because, in contending with the Crown, it was placed under this disadvantage—it should not be granted. Now such was the melancholy fact, that whoever was opposed to the Crown iii contending his or her individual rights, would always be opposed to the greatest difficulty, if not utterly borne down. But where privileges, as in this case, were contended for, equally valuable with those of the Crown itself, to think that these should be subjected to all the subterfuges of the law. when, if the Cs own acted with a view to principles of justice, be should think it would convent to the ilial of tuts cause. He hoped his individual rights should never be opposed to the power of the Cu own. Sir J. Nichol said ; he should !A.. time to consider the case, and give judgment on the neat Court day. FIR E.-011 Toilr.day tii.tht a tire br ike nut in St. John-street,(;:eikeowell, on the premiJes of Mr. Helms, air extensise 'sorrier and leather dyer, which in a few hoots connoted tits, and injured the premises of two tradesmen iittjoinitig. The oplistMaiits of Isiiiiittort and Clerkenwell were retiring to rest at the hour (I I 0 . ..1.,ck) when the flames were first discovered issuitig, to a ire tnendous colti.ate,, from the roof of C. henna's pre anises. Toe Glob-.• and other engines soon urr;ved, and by three o'clock on Friday morning. the rasaging elettict,t was extinguished. 'Pie property destroyLd is valavd at some woos olds of ;moods. Fine IN KIRBY STREET, HATTON-GARDEN. — AbOOt Iwo o'clock rtit Titur•day morning last a tire broke out in the house of Mr. Halm, x 7, Kiihy.,reet. It 55 as wi It the utmost difficulty that the taiiii!y escaped, even in their night clothes. Mr. naiad saved his toe chAtiren, in an Amos! miraculous manner, by lUreing his way out at the top of the house, and then gained to a leads) the adjoining houses. l'he other branches of the family also wonderfully escaped by making their way thrttA., intense smoke, out at the from door. Toe whole of the furniture and other valuable prol.etty is reduced to a heap of mills ; indeed nothing remains of the house except the bate walls. From the activity of the firemen it,eadjoining houses received very little,. The fire is sup posed to have origniated in the hack room of the second floor, but of this we are riot by airy means certain. JuvesiLe LIBERALITY —OW Saturday last, at the breaking tip of the St. Giles 's Isiah Free Scowls for the Mr slimmer holidays, when it is usual for the boys, who have tickets of men., to receive the liqle pecuniary pre miums, the MOMIOr annowiced to Mr. Finit'gall, that the children had deterniitted oil the 'previous day to pre sent him wow the whole apitomit of their little premi ums (189. 2,1.) for the fond for the relief of the sutlering Irish, which they accordingly presented. Upon 11d1atr tog it appeared that the act was the simultaneous olio!. itig of the boys, who said that they could not hem r acknowledge the boom) , which educated them, than by c.intriuuting Irmo their little store, to swell Me sum oh British, liberality towards the connections oi their hmiltes. Nlr. Finniaan was denoted to present this subscription to the London Tavt.rit Committee. liddth to Faversham and /tack —Mr. West, the pet i ts.. tiodertook to go moot Bromley to Faversham and slid back, a distance of 70 miles. in 16 hours, for a bet of 100 guineas. He started at eight o'clock on Sunday evening, arid did the first W miles in three hours and a half, and after taking refreshment, he proceeded on to Faversham, arid arrived there its seven hours and a quarter (33 wiles). The pedestrian stretched himself on a bed, and started back. After doing three miles in half an hour, he left himself •32 miles fur the next seven hours. He performed rather more than four miles and a hair in each hour, and had something more than hour antlis to do in the lass hour. He won with three 'lli' Mlles to spare, but touch distressed. Captain Allan was the umpire. 19f CORONER'S licenser—An inquest was holden a few days ago, at the Rose and Crown Tavern, Ch tirch.street, St. Gaya's, before Thomas Stirling, Esq. coroner for the county. on the body of Mrs. Elizabeth Sheehan, other. wire Mason =This investigation took place at the in stance of the parish officers of the united parishes of Ste Giles's and St. George's, Bloomsbury, to whom it was reported that the deceased was left a widow some time ago, with a property amounting to about 3,0001. and about a fortnight ago, it is stated, she was induced to go with the friends of a young man named Mason (who had, for several months, endeavoured to obtain her con sent to a marriage with him) on a party of pleasure; that she was plyCli with spirits, and, in a state of sw ami-dation, site was also induced to marry the young mart at IVooketch church. The 'writhes officers being in. formed of the anove circumstances, requested Mr. Stir. ling, the coroner, to hold alt inquest on the hod y of the deceased. A respectable Jury was in coon quence, sum. mooed, and the following es i•lence was add .ced:—Mr. Nl:cii el Carroll, of the Dose's Head, Nlonanotath.criurt„ kit -sv the it ceased, who died on Sunday, the gth inst. Sue res'iled at 22, Churcii-street, St. Giles's. On the second day of Gfrettwich fair, about a fortnight since, the deceased went nut with a Mr. and Mrs. Boyle, who lived near to her, and a NI r. Keleher, as he utnderstood to Greenwich for. He was informed that the deceased was made druntk, and in that Stale married to a young man 113Illed N 1.1•011, at Woolwich. The 13 iyles teturited it) towtt with the deceased. She refuelled borne at two o'clock A. M. out the 2d of June. She was very ill, and cited a few days afterwards.—Nlary Litinders, niece and servant to the deceased, stated, that the deceased left home nit the second day M Gre •invich f.it, dressed its silk ,and Caine home at IWO on the Sunday morn. itg tollowine, ill jut old dress of Mrs. Boyle's, and ap peared to be deranged she looked quite foolish. She w is in bed .11.0111 an boor inter she returned home, and at eight o'clock in the same !miming, Mr. Boyle gave' her drink out of a small phial ; and at ten o'clock she was seized with Se , , con:Mord at intervals in them till she died on the morning. 'rite deceased appeared very angry with the Boyles, and expressed her dislike toward, them ; she spoke very incoherently. Her arms, legs, and thighs were bruised.—Mr. Edward Watkins, surgeon, King -street, Salto, Was called to the deceased. fie opened the body it, the 1.n -settee of a number of pro fessional men. Titere was neither wounds 11111 bruises sufficient to cause her death. Tutor was an ell'o.ion of blood on the brain, caused by the rupture of a cease! -- lie could not say What produced the rupture; violent exertion would proloce it, or utinsal exertinn.—Thos. Kennedy' sworn —lie is landlord of the Rose &Crown, Ciiiirch•sireet, St. Giles's. lie is nephew of the de ceased's late hush Ind, and guardiall to the child she has left. lie was told she was going into a fit on Sunday afternoon. lie went to her, and asked her, " What is tile miner, Mrs. Suet:halt?" Site replied, that she did not know; butt they had forced hquor down her throat at every public-horse no the road. She frequently raised ter hands, and exclaimed "Ott God ?' and then be observed that there was a bruise on her arus.—l)ennis Doan, 27, Church•street, St. Giles's. He lived with one deceased, w Ito was Ills aunt. Recollects the day she lea the house, was in perfect health. He went to odic Half Moon, iu Portpool-lane, on the Saturday night follow. Mg, about I I o'clock, and saw \I r. Boyle, and asked him if he would pettnit him to see his aunt. He said ye`, and directed him :o a bed out which his aunt was sitting; she was vomiting at the lime. He asked her if sae had been married ? Site said yes- He asked her where? She said at NVoolsvich. Ile asked her if she would come home, and she said she would, and einie home in a hackney-mach, hot appeared very down marital. She had a fit Oil Sunda% afternoon, nil fre. qeuttle • berwards till she died.-Rev. J 13. Saunders,,, curate of Woolw:ch.—Appl . cation was made to him on tile 31st of Alay, to in trry tote deceased and Mr Nlasoit. l'oev were titariied by heence. He performed the ser vice. Saw the deeeas,4l silting, before the cereinotty in the vestry, for about five minutes, with her hand to her head. She then waked to the altar. lie did not ob serve if she had hold of the arm of any one, as she walked front the vesay to site altar. She was much em barrassed. If she had been intoxicated, or if he had any idea of it, he certainly would not it Ise married the parties. She was married in the name of Elie. I)evane. —Archibald Bartleniati, Hiatt-street, St.Giles's, surgeon. Olt Sunday evening, June 7, he vet.s called in to attend the deceased, at eg, Chnrcit.street, St. Giles's. He ins. dersiood bile has been poorly smite days. Site eseaplain. eel of vomitting, and pain in hie head, with heaviness over the eyes. Drinking more than usual, and 11w heat of the weather, might, with slight exertion, also pro. duce the same effects. Only one dose of medicine was administered to the deceased, probably from negligence. Tulare were two bottles of medicine on the shelf, with IA els on them, as if they hail beets prepared by a clic. !Inst.—Mrs. Boyle SWOril...Sle lives its Ctturcit street; was acqttainted with the deceased, being neighbours.— On Wednesday, eg . h of May. the deceased asked her to go to Greenwich lair, as site was go:mi.:off with Mr. Nlason to marry him. and a Mr. Keileher. and Mason, hi a coach to IVonlwicit ; and on their arrival there, she slept that night with the deceased. ;Mason slept its another room. Oa the follow Ing morning, She (wit. ness) came to town, leaviug the deceased at lodeinas: and, at the deceased's request, sent her hushatid down .to be present at the wedding. He went "how') to Nl'unl with on Thursday, and was preset at the marriage ots Frelay. The deceased drank no spirits. 'lois match had been going on for sonsi months, and they were to have been married six months ago; and the licence was then to have been lie coroner, its sommin; up the evidence, Said that the marriage was a mere nut. lay, as it appeared that it had beets efl..Tted, not only by perjury, but that the deceased was (Marled ill a flee...tents natne.—ln about half an hour the Jury returned a ter ct—'• Died from the rupture of a blood.vesscl ; but there is no evidence before us lO decals hew the tltilane was occasiutted."