The National Register. — London, England, 1821-07-30 00:00:00

es 4 FROM TUESDAY NIGHT'S GAZETTE. BANK RITPTC Sl; PE !BEDE°. C.W. II tlybens, Castle Street, Leicester Square, picture dealer. RAN Kitt I'TS. . . ..... C.W.lluybens. Castle Street, I...iccacr Squat c, picture dealer. Solicitor. Mr. Clarke, Ilishop.:,ate Cluireilyard. T. Treadway, Sloane square. Chelsea, chinaman. Sols. Itlcs44. Arkiinam and Co. Chancery I.aae. J. It. Snowdon, I.yon, linen diaper. Sal. Mr. Makinson, Teind'e. %V. Wok. Sutton, Yorksblre, jobber. Sol. Mr. Wilson, Grcviile street, I tattoo taaitlin. Faisi S:omliouse, Devonshire, stone mason. Sol. Mr. Wrilht, .. . ie. IF. catton manufaciurer. Sol. Mr. Wi;:le•aorili, ray's Inn. A. F. Alonek, Tollesbury, Essex, dealer in cattle. Sol. Mr. Lawrerce, Maldon. T. Lesirghsni, orcester, hosier. Sol. Mr. Platt, New Boswell Coott. _ . J. Itoberni, Kingston upon 1101, black beer brewer. Sol. Mr. Sli.tw„ Fly Place, Holborn. W. Stanis!'ut th, Little Eastcheap, wine merchant. Sols. Messrs. %%tailor, and Co. Austin From. DtvlDENnr:. July 21, R. Simpson, Crown Court, Threadneedle Street, niter el cut-2a, J. lt. ltrowne, New Road, St. Pancras, statuary— August 14, H. Friend, Soutliwarl., eit;iiieer-20, J. Itiowne, Bridgewater. tailor-1.1, .1. Towasentl, Ludg ite Bill, Leeman -14, T. June, Ware, Herts. banke. - -1 t, G. W. Bulkley, Queen Street, llan•ner Square, wine imorter.•-.14. .1. Lyon, Marsham Street, eotriper— 14, T. and J. Dowley„ Bankside„ Surrey, corn niercliants-14, W. Kerr, Sherborne Lane, wine incrch.int-14, .1. F. and J. Dubois, Alderimin's Walk, nicrchtuits-17, J. Wood, Notiinglinin, hosier. CEILTI FICATES to be granted August 14. T. E. llulkes. Rochester, miller—T. Ilungerford Wharf, Strand, coal ruerchatit—J. Partridge, Stourport, Wor cestershire, multster. L. 416 REPORT. COURT OF KING'S MONDAY, Ju LI , 23. SPECIAL JURIES.-KAYNER V. GODMON D. hts was au 3CIIOII on a policy of insurance upon a quantity of corn destroyed in the conveyance on boird a barge from Selby to Halifax. Before the barge got to her place of destma.ion she had occasion to moor in a dock, and the water being unexpectedly drawn off, she str..ck upon some piles et the bottom. The defence was, that the loss wad not occasioned by the perils of the sea, a,..!ainst which toe plaintiff spe cially noted. The learned jud3c was, however, of opinion, that this was a Case in which the underwriters were liable, 211(1 that the plaintiff Was entitled to recover. Verdict for the pi:Jima—Damages 2001. CENNLTT AND OTHERS V. HILL. Mr. Se:filen stai:d, that this WJS an action on a policy of insurance CM the ship Nusannah, at :IA lonn the Capeof Good Hope to any place, for 12 months. It appeared Ilia tite ship sailed on the 2tith of July, front the Cape of Good Hope to New Ili unswick, where it was found adviseable toexamine her I.ottom. She was placed upon he carpenter's repairing ways, aim lashed with ropes to poi , . On the 1.5 i h Oct. a sudden gust of v. Ind carried away her mast, broke .he Fttliings, and brought her on her side. The damage she sustained was so great that the surveyors condemned her. The ship was then sold for the benefit of all concerned, and filially Lroken up. The Solicitor General submitted to the Judge, that she plainttll could not recover. The insurance was against the perils of the sea, and in this case the vessel hurl bvvu desiroycd by J n accident on shore. Judge Best said, it was one of tile perils against which a policy afford protec,iva, but he email not say wittiont a special slaictncut of the liability of the de fendant, that it was a loss by the pet it of the sea. The plaintiff was tionsuited, with liberty to more the summit ase.:e. CHARLTON V. MANNERS. This action was brought by the plaintiff, the master of a ship, to recover a compensation for servic:s performed. The defendant was the proprietor of a ship named the Alfred, and it was alleged that he had employed the plaintiff to examine the accounts of a transport, and do other busitiei,s as a master mariner four years. The Counsel on both sides COUSCIIIt d, as this was a matter of account, to teler tt to a gentleman at the bar. A verdict was accurdiogly taken fur VAL subject to reference. JULIAN D. JORDAN. The plaintiff, a surveyor, brought his action against she defendant, a wine and Indiolv merchant, in Coodge Street, to recover 61. (is. for attendance upon a suto plena, at a trial in which Mr. Jordan was the defend ant. Upon a reference to the master, the regular com pensation was awarded, and the defendant gave Mr. Julian a M oines mitre than the illaSicT allowed. That, Lowder, did not sati.i.y him, and he brought his action recover the balance of hisdcinittd. The learned judge was of onitituit, that as Julian had accented the suits awarded. lie had no tight to bring an action fur a balance.—Cue plaintiff WAS Stilted. 114101 AND WIVE V. WiLSON. This , sas an action to recover damages for an assault. The plaintiff having been illegally, as it was alleged, slistrained upon by his landlord, some dispute ensued, eluting which the plaintiff'. wife, who was in a state of pregnancy, was assaulted by the defendant. The unfor tunate commissenee of the assault was a miscarriage.— Tile July found j verdict for .be plait ilf—Damages 501. CLARIEE V. STEVENSON. The plaintiff. au attoruey, sottglit to recover (rota the defendant, who carries on hosi orbs in flow-lane, Cheap the a tumult (du bill of costs incur sed in proceedings under the bant.tuptcy of Messrs. Nicholson and Brown, of Buw-lace. 1 Ir. Stevenson was the landlord of a house let to Nicho!son and Brown, who because baakrupts. The assignees, Cow per and Cuthbert, as it appeared front the evidaiice, made application to the tfefeottant to per suit the good. to be sold tot the premises. The who acted as attorney, at last obtained the defendant's consent to sell upon the pr.luises, having first satisfied the rent. A petsuis of the SUMAC 011.11r1well was put iu • vio. " 4 .k. •-• THE NATIONAL REGISTER as icdant, and, as it was suspected Ttiirlwell was alwmt to sell his furniture anti injure the premises, the plain tir advised the defendant to make adi tress. The goods were accordingly taken, and an action of replevin was afterwards brought, which occasioned proceedings on tile part of Mr. Clark, which constituted his bill, amounting to r; I. tiosinecs dove was proved by several witnesses. Mr. ( tinnev, liar the deEmtlant„ conic•olcd, that his chew was not Iteltle to the plaints 'a claim. Mr. Ste venson !tying appitcal to Ir. Mr. Clark, dented his consent 11 to the .11.: gunds the premises, and the subsecitich I .l . (weetlitigs, ludom he was released by the assinees filial alt costs and expences. The a.signees in con.ttittel , e, z-ig.a..d a guar..nty, lty whici Slctell:On was to he at no es,penee. The defendant had done no more that !cod uis naitte to the proceedings of the assignees, and the plaintiff; who acted as their at torna.y. The guar:lnt! signed by the assignees was proved, and as it did not appear that the plaintiff hail the least ground to sustain the action, the learned Judge ditecteJ a nonsuit. TUESDAY, JULY 24. TAR K,NO This was an information flied by the Attorney-General against the defendant., for a seditious libel published in tile Republican paper, on the Cli.h of October, 1820, printed by Jane Carlile. The Solicitor General stand the nature of the libel :n the jury. It ran thus—" 1101 one vice that the King put his hand to his heart alll.l t;ay ' I am innocent of it.' lie has inherited the g ross obstitiaq of his fa ther, and the avarice and meatiness of Ms mother, with out any of their domestic qualities; to this ne has added all that vice has taie 6 ht or coojectined." The defendant stood in the situation of s,iratit to Mr. Guide, anti sold the number of The Mputfican in which this gross libel was pia:dished, and could not be ignorant of the nature of the work. Es idence was then called. S. lioitlitch, messenger of the Press to the Stamp Office, proved ria‘ing purchased the number n. The Republican of the e2Otii October, Istlo, containing the libel, from the defendant, who served in the shop iu which witness had seen him for some months. Mr, Prendergast addressed M. jury Mr die defendant, and urged that he was merely acting as the servant of Caudle, and could not know the contents of the papers which lie sold. He trusted also that the jury would consider the extreme youth of his client, who was now only 19 yews of age, and was inertly to tile exeleise of his lawitd calling, entleavourin,; to procure ad honest H. T. Willis was called and examined ; he gave the defendant a good character for moral and religious prin ciples. Mr. Jcatice Best charged the jury, that the publi cation was a most gross and scandalous libel. The jury immediately found the defendant guilty, THII KING •. MARY ANN CARLILE. 'lbis was an indictment by the Society for :he Stip pres,ion of Vice, a-anist Mary Ann Chile (die sis:.r of loch. id Gartile)for a blasphemous heel on the Holy Seripones. The libel was put in and read, and the sale of it by the defeaulant proved. It spoke of the Bible as a "book so 101 l of wiekedoes and contradiction, that it could not be the word of God." rile defendant hail no counsel. but she put in a long written defence, which was read by the oflicer of the court. It jmnitied the pamphlet as a moderate and ar gumentative exatnimition of the Christian ref ig,on, from which it could not be the intention of the law to shield it. Mr Justice Best interrupted the reading of part of the deence, which stated the " common law was a com mon abuse," and said he could not allow that part to be read but tiw defendant, though repeatedly requested to expunge it by the judge and jury, (led' tied dollig, so. Mr. Justice Best charged Inc jury, tli..t in his opinion the publicati• n could not lw cimmitered as fair reasoning in moderate and respectful language ; Lot, in the tennis of the indictment, a scandalous and blasphemous libel. The jury, without any hesitation, found the delentladt guilty. CONSTI'I UT It N A la" I.IIOqECUTiON. TUN KING V. NIARY ANN CAUI.II.E. This ear au indictment, at the suit at the Bridge-stiset society, for a st .indalons and Neditiuus libel. The Jury being in the box, the learned Judge requested to know it any ot the 111 were members of the Constitu tional Association. he reply was in the negative. Mr. Tindal then opened the pleadings. Mr. Gurney said that the present indictment had been found by a grand jury, at the instance of the Constitu tional Association, against the defendant, Mary Ann Cathie, fur libel. The learned counsel then commented upon the obstinate guiltiness of Mr. Carlile and his fa mily. The libel imported to have Inca written by K. Cathie in Dorchester gaol, and it wa► entitled " A Nevi Year's Address to the. Helot niers of Great Britain." James Itigtiall said-1 purchased :he laid in question on the 9th of Mare 1134, at Carlilt's sloop in Flt et-street. I saw the &rend/it, Mary Ann Caritle, net - self. Several other ps•uphLvs of the saute description were Ding upon the eunniei at the tittle._ CIU3 , -Cl.:/11 i i iiiiii by Mr. Cooper.—Who are you ?—I ant an agent to the Society fur the Suppression of Vice. lot you are also employed by these constitutional peo ple, as they rail theneadves i Only in this one inatauce• %Vete you employed to purchase the pamphlet in pies lion ?-1 pm chased that and others. Yon neat: employed by the Constitutioual Society to purchase them ?—Yes, 1 was. Who sent you ?—Mr. Alurtay. The Mho iicy ?—Ves. Aud lie directed von to purchase this pamphlet, eh ? De did nut pelt tieulai lite any. Did lie !jilt(' his object its the pu►chase ?—No. It hat wages arc yo,ii to have ? 1 have tut wages. Then you pet - fount this ave.:able duty gratuitously ? No, t du nut say that. Then how are you paid ?-1 made a charge for my time. perhaps you beloug to the Society iudoed, 1 du ^l . - • - • • 104„.. -1- -. Well, I do not wonder that you should be anxious to se; palate 'ourself bum the Nociel ; out what are you to gef lor your job ?( collet ) Air. Josiii e ISt st disired dim order might lie kept. lau tint teinemlicr ; I love done several jobs. (More latighig:o Mi. Gurney &elated that he stimuli request the Judge to too ice thow tel who were disorderly. Well, lot. o have you been paid ;—I do not remem ber ; 'woo ily 0.11i1 2 l do not. Come, I I , IIIC, l ie round SUM think it is better than 71., and 'nigger .1. is. t gum amity of diem. ell andi did you rim on ror your 71. Is. ? Is it tiergessaly fur me to answer that ? thilik so.-1. will ,ale the opinion of the Court upon it lit •t. Justice riClll.-1t tecils to not ; lint it is a 5 tell In aninel it. _ _ • - thtl. Peat hoot...elicit' I parchwtetl d;trerent books. I rettes.alll went t.O I►u% that a bids 1 istptell thought li bellous. ..... And widiont hope of reward ?—No. (►li, then it vs as 1101 aliogether out of OH ne amkpalriolie fecriuy:— . llm.e were two of the swamis. (Genera timetable.) Anil that is your mode of gc; ling your livelihood ?—At present I has, no other mode. And how Irma have your been at it ?—About a year and •a half with the Vice Society. And what did yon do before yon suppressed vice and libels?—l got niy living honourably, as an officer in his Majesty's customs. Alld arc you still an honourable officer, Ate.?—No; I have left my simation. Reined upon a pension?—No. How old are yon?—Fitty-four. No peusion, ?—Nuele. Horatio Orton was !lien called. A general murmur ran througn the court, hick ails crowded to excess: and ail persons most delei fluidity gave the witness way. Examined by Mr. Gurney.-1 purchased the work in question on the 20th of Mai 01 last. Cross-examined by Mr. Couper.—How came you to make the purchase ?—I was directed by Mr. Alm ray, the see relary of the Constitutional Association. I was sent on purpo,e to purchase it. IVlnit are you, pray?-1 am clerk to the association. Not a clerk iu Mr. Murray's office?—No: separate from the attorney's office. And how did you employ yourself before yott tilled your present honourable post ?-1. assisted my brother its his business ? _ . What is your brother?—He corresponds with country newspapers. 1 copied for him. 1 was not paid any regu lar salary; 1 had money when 1 wanted it. W hut IN your salary iu your 1--it is 110 t. fixed. Then Sou k at present h." the piee.• I—No. Well s 133 ss Intl rule our y o u pinsi i—The committee hue nut yet does mined. But Idu slut %dot money. If I %ant Ll. or lOL I can 'nave is. Olt, you can have it I—Not from the association. No ?—No : from my Limner. Mr. Gurney interfered. It NUS his duty to tootect the witness. Mr. Justice Best did plot see what end such a mode of ex amination was to answer. Mr. Cooper knew that he %%as not strictly - regular. Jthtice Best.—No, it any thing like le k ular. Mr. Coopertnbmitted that it was not usual in probt cui like Coe pleseot to confine 4 counsel very strictly. All. Justice Best ; Au; Uf I should have •topped you Krieg ago. Lamination continued.— And it this the first job you have done for Murray 1-1 do not remember. You know a mau of the name of King /-I'es ; but 1. down rementber in have done a job of tins kind with King. /lave you not made an allidavit in King's easel—That was Slilet 1111 ). How long have you been employed by the sock() I—Since thi tinh of January. And how many jobs have you done Ido not k n ow. Do yon mean they are so lialliCriala that ou do not nc member them ?-1. do. And front winim have you had your instructions I—Gene rally from Mr. Sam pe, the I - ary assistant sea:let:ay. Oh the honorary assistant srr retary. [AI this lime the spectt ttttt s, Will were very nunierod, wire entering so heartily into t h e lvding of the cioss-exieb mivatiou, as in some degree to bre..k w Lyon the decorum of the court.) Mr. Justice Best could not understarn tt hat was meant ky Mr. Cooper's cross-examination. It would answer HO pur pose but that of produjng the kind of ievolise which was then distuating the proceedings. tllr. Cover could not wish to produce such tif Mr. Limper did not wish to ask a simie question which was not to the hhel CA of his Altura few more iinimpoi tam aiiso‘ r, from the witness 01 ton, the libel was put In and read. The passuges charged were pretty heart) us follow To talk of the British constitution, I take to ben certain woof of dishonesty. B. i- UM has no constilutton. lit the Spanish couslitittion theie 6 something tan:;ible ; but in Britain there is hing but corruption ilitinigh the system of government. The laws are t orrupt 411111 11.11 Ital, both in theimelves and in their ad ratiou. lu short, I:4HrUlli ilk', as autos ions as the sun at noon day. Is the nil us it is said, wills whirls Me system winks, 411111 a precious oil it is tor the nitei ems of the people." to another pat t of the pamphlet, the writer said—" gamin will be obtained when the existing authorities have no Imager the power to withhold il. It w ill be obtained its soon it tout petit lulling as will, it. But something more than a pctiliiluiq{ allitwle will be necessary. At this moment I would not say 11 word about limn icetion ; but we must be ready anti shad), to meet concurient cuicunistances." Ad r Cooper (who so much distingui.beit Maisel( sow tittle iii the case or the King aaainst Davison, by his aigus thrill that the 4 midurt of ,11 r. Justice lie I, ill adopting the Indic:rid of practice of fining a defendant in the course uf big detimee, nod thereby intimidating him, allitided just Mound for a new trial,l then rose to ;..111ress the Jury Oil in. half ill the deli:admit at great leilgth and is ill' equal abilllYs iihstamllll; the very frequent interruptions of Mr. Justice B. se, is Imo afterwards w cid into:: very close 1' ii totontion of the contents of tile IsubliCailiun in question ; and coneludril o) intimating, as his u; i i ii he jury. that the pultlicatioo was a libel of the most dangerous description. 'roe Jury, after a few Momenta' cuorultation, left the Cuuit at halo past four o'clock. K lieu the July had been out au hour, a written comma. ideation was delivered limn their fintinan tit Mu. Justice beat, LI pm reading the rarer, his Lordship dimeted ilia: