The National Register. — London, England, 1823-03-10 00:00:00

78 FROM TUESDAY NIGII7"S GAZETTE. ••••-•••••. CROWN OFFICE. Islsnot 4. MEMBERS returned to serve in this present PARLIAMENT. 80. ugh of Ityegate.......James Cocks, of Charing Cross, 'n the county of Middlesex, Erq. in the room of the Don. ./Prmw S. Cocks, who has accepted the Chiltern Hundreds. County of Dorset.—Edward Berkeley Porting , - ll* of tryanston Ilmise, in the wintry Dorset, in the ZOOM of s. llt.l'ortman, Esq. his father, deceased. BANKRUPTCY :'..NI.nRGE.D. C. Itving, Southampton, schoolmaster. from Mirth I to. BANKRUPTCY SUPERSEDED. T. Fitzgerald, Lawrence Pountney Hill. merchants BANKRUPTS. W. Wells, Brightwell, Berkshire, farmer. Solicitors. Messrs. Williams and Co. Lincoln's Inn. C. Ford, Regent Street. linen draper. Sol. Mr. Clarke, .-nfonl Court, Throgmortnn Street. J. Aldersey. Liverpool, grocer. Sods. Messrs. Clarke and to. Chancery Lane. J. Fletcher, Plumbland, Cumberland, lima burner. Sol. Mr. Armstrong, Staple inn. A. G. Mingay, Silver Street. Golden Square. builder. Sol. Mr. Brooking, 'Lombard Street. • T. Chatlesworth; Clare Street, Clare Market, grocer. Sul. Mr. Portal. Clifford's Inn. S. Hebbron, Hutton, near Rudby. Yorkshire, butcher. Bola Messrs. Morton and Co. Gray's.lan Square M. Haile. Cheltenham, victualler. Sol. Mr. King, Sergeant's Inn, Fleet Street. .1. II umberstone. St. .John 'Street, 'Clerkenwell. victualler. Soh. Messrs. Saunders it en. IVIDENDS. Charlotte Street, Fitzroy Sq. D March 29, B. Roff..y, New Bond Street. tailor-8, J. Han cock, Poplar, mast maker-25, S. and 'l'. P. France)... Liver pool, marble masons-26, T. C. Hodson.; Leominster, draper— . 2b. .1. Morris, Liverpool, wine merchant-26. J. Tarkton, •Glouce.ter Place. merchant—in. E Deavill, Manchester, grocer —to. I. and T. Bollinan, Minthorp. Westmorland.lmmers— e% It. N. Rose. Holborn Hill, bookseller-18, J. Cripps, Wis-• .beach, •Cinnbridgeshire, linen draper—April 1, T. Vernon, l'uweester. Nottliamptolishire. grocer—S. M. B. and .1. W. Harvey, R,chturd, Essen. bunkers-7, W. Burraston, Worces ter, hop merchant—May to, N. Ketcher, Bradwell, Essex, shop keeper. CF.R'fIFICATES to be granted March 2S. T. Greenwell. White Lion Court, Cornhill, merchant—H. Humphrey.. Islington, grocer—J., J., and J. Slater, Yeadon, IL'orkshire, clothiers—ll. M llis. Twiston, Suffolk, farmer. LAW INTELLIGENCE. COURT OP KING'S BENCH. MONDAY, MARCH 3. THE NORFOLK BANKS' FAILURE. _ ANDREWS, ASSIGNEE, V. WILKINs. Mr. Scarlett stated, that this was an action brought by the -assignees of Eagle, Willett, and Co. bankers, at Thetford and oilier places in Norfolk, who had become hankrupts,.to recover I the amount of 3191. on a bill of exchange, drawn by Widett and Co. and accepted by the defendant. Mr. Charles Willett proved the baud-writing of the drawer and acceptor. The bankrupts carried no business at Thetford, Mi'civilian, Brandon, Burn, and Stow market. Sir Join Per. I ring and Co. were their agents, and o n the 23d of April last, Sir John refined to pay their notes ; witness rezreived oiotica of 4 mis oo ►he 2.1 th.; witaoss went immediately to Bronden, and found that branch, as well lb the others, were stint up, earthed topped payment. Finding the ether brancher had also stopped payment, witness returned to Thetford and shot that up also ; on the 21th several persons applied at Thetford for mosey, also at Brandon, but were not paid. On the 2311 i, Eage, Willet was within when several people called and be refused to see they ; .witness was in the room with him. Cross-examined by Mr. Scarlett.—He had the chain epos We •door, and told witness he wax afraid of being arrested. William Loft was apprentice to Bohai Willet, at Mildew hall. He told witness, on the 25th, that in consequence of the Bank having slopped• lie expected to he arrested. Mr. 'Noma' Wills coiled, and witness told him Mr. Robert Willett was not at home, although he, was. Thus, by his orders, he denied him to creditoes. David Cole and Thomas Hill corroborated the evidence of the shove witnesses. Mr. George John Willett.—Knows Mr. Lockwood ; he was a creditor for upwards of 41101. Witness was agent at Bury, a draper ; hrd Bank" over the door. Witness is a son of Field Willet, hat was not a partner. Ihll of Exchange put in for 3191. drawn in February, and Aloe on the 241.11 of April. Verdict fur the plaintilf with interest. Tt'FSt)DY, MARCII 4. aMITH S. MARV/DLL. Mr. Platt staled, that the plallitill : inthis case was a clergy man, and sought to recover from the defendant the sum of 321. 1 . 25. for board, lodging, and instruction furnished to the defenchod--the defendant pleaded first that lie was an infant, and secondly that in fact he had never promised to pay. The facts of the case were as follow :—The defendant was a young gentleman who was dssiroua of qualifying himself for a mer cantile sitaation, and with that view be applied to the plaintiff, who is master of an academy, to he taken into his family as a partner hoarder. and to be perfected in a mercantile education ; accordingly hernia having .been agreed to, he, ou the 15th of March, ISM, went into the plaintiff's family us a parlour boarder. tie was furnished with meat, drink, lodging, and education, and continued there five months and a half, the ',biota having by assidui ty in that time reader d him fully qualified to lake a situation ; he then quitted plaintiirs house. The charge made fur his hoard for that time was 27 guineas suit 14 'kali, being at the rate of tie vine's a year. There was also a &large of two guineas for entrance, nod a guinea and a hair for washing, making the plaintill's demand 31 guineas ; for this sum plaintiff had made repealed applications, and de fendant repeated promises of payment, but had as frequently brok..ti his piondoes. On one occasion he wrote a letter to the plainttlf, io whirls he pleased his soul and hotly that he would pay sninc time after lie sent a person I', him with a letter to demand payment, when he gut the letter f him and tore it to pieces, to9in "Now, what will Mr. Smith do to prove his debt !" Ile trusted, however, the Jury would to-day allow loin such proof was not necessary. After several witnesses had been esamined, La Chief Janice su A gested the propriety of settling this mord riot of court, and accordingly to :11$ Lordship's suggestion, • Pala was withdrawn. aIAnCII 7. 131 ER'S PRINCIPLE OF NATURE. Tllll . . KI•G C. CIIA 111. is TRUST. The Solicitor-Gem:rat stated, that this was a criminal infer. Darius * splint the defendant fur publishing a blasphemous libel entitled •• Palmer', Priuciples of Nature." The deftntlant "I 'fHP NATIONAL wu one of Carlilelrabspaseel to dicer sent to parttime the book in question, woold prove the fact of the defeedard's being in the shop when the book was handed to him by breams of the machinery in ass. Ho anderstood that there was no defence. Thomas Ford, • How-street officer, went do the shop is question. Carlile" was over the door $ the -defendant was i'ere, and anod ier. young lad ; witness asked for *' Pakaer's Principles of Nature." He said he had not got it baud, bet in boards ; he said it would be 10s. and desired witeess- to put the money in the box, pointing to a hole in the pinnies', behind which the defendant went, and immediately the book was put through the spout. The book produced is the book which witness marked witness then proceeds Ito How•street, fetched a * t, and took -defendant into custody. The Lord Chief %Notice shket, if the defendant was in Court? A young man, seemingly s Jew, about 18 or 19 :ears of age, then stood op, and , asked the witness, if be saw any other person in the .shop--Witness answered, be saw • gentleman going out of-the shop with a book, Jest as witneesment in. Defendant submitted there was an proof he sold the book. Another young man, stating he was the defendant's brother, called out—" Weilave Counsel, my Lord, not yet come into Court " _ _ Ohief Justice,—.. Who is your Counsel ?" DLL r. Prendergast. .Lord lle'a gone on the Circuit, I dare say." Defentinnt asked the witness If he could swear defendant old the no.k Witnes..--•• Not further than I him stated." . . . J. Murton, another Bow street officer, corroborated the former . witness *A to seeing him go into the sbop•iu Gilispur , and bring out the book. De•endsot submitted there was no evidence of his being guilty of the offence cherged. Lord Chief Justice.--" Well, well, we will see by and by." Defendant then modestly sat dawn, and was silent. The several passages selected for prosecution were then read from this philosophic work. The defendant proceeded, it an audible Voice, to read his defence, which was as follows If the Jury were onenposed of t welve hones: men, they would pronounce him Not Guilty. If the} (the ;or) ).were disposed to convict him on the evidence of such fellows as these, who would swear through brick walls, it might be said tile Jury themselves were of that description of persons, who get their bread be•taking false oaths. Ile did not enter into the character of the wink, but contended there was no evil-u 'a of his !saving sold the book " The hiol!eitor Geueral, in reply, commented upon this de fendant, a mere boy, being prompted in all be . tid by an el derly man who sat next to him, and pat the words of his de fence into his mouth. Ile contended, if those wi►nesses were not perNers of r od character, they would not be employed by the Bow street Office. _ _ The Lord C1:...f Justice observed, there could be no doubt This bc k, cello; Mt? Saviour an imposter, wu an impious and profane libel; and as !ittle doubt of the evidence of publication by the defendant. It was unnecessary to say more, than that be hoped the convictive of the Jury v.ould have the effect of removing that very young man from the society with which it was to be regretted he was unfortunately leagued. The Jury, without hesitation, fund the defendant Guilty. The defendant was then ushered out of Court-in custody. COURT OF COMMON PLEAS. WEDNESDAY, MARCH 5. MACKINTOSH AND DC OR EAYSIs.v. STREET AND 'MtIbPORD. Mr. Serjeant sVaughati stated the ease to the jury. The plaintiffs were respectable merchants, sod the defendants were the proprietors of the Carrier newspaper. He thought that it would be impossible for the jury to declare that the writing of which the plaintiffs complained was not a libel ; and it would have been as impossible for the plaintiffs to pass it over in si lence, since no apology had ever been made by the defendants, who, on the contrary, now stood forward to justify ever, tittle er it. The plaintiffs having determined to carry out a mercan tile adventure to Van Dieman's Land. purchased a ship called the Hope, on board of which they embarked various pieces of machinery. The plaint ifs determined to carry out passengers, and about 90 persons engaged to sail with them. Orieinally, it had been the intention of the plaintiffs to set sail from London on the 25th of August, 11421, but circumstances occurred which prevented them from leaving that port until October T. Haying arrived in the Downs, the vetoed suffered damage from ■ severe gale, and was compelled le runinto Ramsgate harbour. From tlmt moment the passengers became unwilling to proceed in the vessel ; and in order to get rid of •their engagement, sonic of. them represented to commit-bon e officers that there were mere passengers on board than were allowed to be car ried, according to the 43d of George 111., called the Passer gers' Act. Its colisequence of this information, the snip was seized, and detained at Ramsgate for five months; but upon ■n investigation before the Board of Customs, it appeared tbat there had existed no jest ground for taking possession of the ♦essel, mid the Treasury granted • compensation of 20001. to the plaintiffs for the injury winch they hail sustained by that act, and sent the passengers out free of expense in another , ship. The libel which formed the subject of the prosecution was published in she Courier on the 3d of January, 31442. it wasin the form of a notice from • correspondent, mid it stated, in substance, that the ship Hope, after hawing been detained in London for a considerable time after the period at which her owners had declared that she would sail, to the great prejudice of -the passengers, bad been obliged to pot into Hamlets harbour in • state of great distress ; that she had been disco vered to be unseaworthy, and not sufficiently victualled for her intended voyage ; that the provisions were or an ioferio , de scription ; that the owners had been arrested for debt; and that the unfortunate persons who had beeb deceived mid misled , by the premise% of the owneri..were reduced to extreme mi sery. Every statement contented in the libel would be proved to be false; and if that should be done, how criminal would not the conduct of the defendants appear. They had published a libel, which was calculated to de troy entirely the %aloe of property of so delimit, a nature as shipping ; and yet they bad never, from the day on which the oll'ensive writing first ap peared, clown to the present, condescended to offer the slight est apology, or even to acknowledge that they had been ads ios ttttt ted.—The damages were laid at 10,C101. Witnesses fully proved the case ; and the Lord Chief Justice declared, that in i i► opinion every statement contained in the libel had beim proved to be anfetcrted. It would be for the jury to judge whether that circumstance was evidence of a malicious intention, which was necessary to constitute • libel. There were some circumstances, however, which ought to be considered as tending to extenuate the offence. Not only was there contradictory evidence, but circumstance.* had uodoubt edly arisen, by which the object of those persons who bad embarked on hoard of the plaintiffs vessel was defeated, and which might possibly have led the defendants into error. The question of the amount of damages re►ted entirely with the jury. After a few minutes deliberation, the jury returned • ver dict of Guilty -Damage; Sittll. ?MAY, MARL* Tr JOhES e. Sabi HAs. Mr. Serinitit Lena stated this ease. It was fin article am false imprisonment, and the damages were laid at SOM. The plaintiff was a surgeon, and the defendant captain of the ship Arrow, and the imprisonment took place Lea bi-ard that ship on her voyage from India to England last year. The plaintiff was • passenger coming home with a certificate of illness. The defendant pleaded Juseification. Capell proved the plaintiff having been confined to his cabin by the defendant's order. J. Spills, a musician on board the vessel, stated that he car. vied various messages from the plaintiff to the defendant.—The former was confined by order cf the-fe.ter. Cross-examined by Mr. Serjeaut Taddy.—The papers now prodnced are in the hand-writing of Jones. Mr. Jones used to call Captain 'Bingham a blackguard and on one occasion, threw a saucer-full of jelly at the captain's head. John Smith was appointed sentry over Mr. Jones—lle was relieved at the end of two houri—don't know wh • - tool bis post whits be went—the plaintiff had a *entry over [dui till the ship' arrived in the English-Channel. !rids was the ct‘e for the prosecution. Mr. Serjeant Pell; for the defence, then proceeded to read s number of letters sod notes to the defendant from the plain tiff, in which the latter stigmatised the former, Major Howieson, and several eminent passengers, as .' villains, blackguards," and scoundrels"—tket they were a disgrace to society, and the-vilest creatures the Almighty ever suffered to exist;' but it was with paiu he was obliged to revert to those disgust ing documents, of which the jury had only heard a part, to clear the character of Captain Brigham, and to show to the world the dark mind of the plaintiff. (More letters were then road. couched in the same strain as the former, and also a requisition, signed by all the passegers, to the captain, se questing the plaintiff might not be allowed to dine with them at their general table.) If he (Seryeant Pell) should prove these facts, then he had no doubt of the verdict being in his favour, and thus Captain Brigham would lee cleared of a chae,e which materially affected his character. The Learned Counsel, `after censuri , l in viour, and commenting on the malignity of his disposition," called _ _ . Major Palvey, of the East India Company's service, who corroborated every statement made by Serjeaot Pell. Mr. Ayres gave similar testimony. Mr. Serjeant Pell snid he could go much (nether, but this Jury said they were satisfied. Plaintiff nonsuited. The Lord Chief Jeitice was bound in justice to say, the de fendant, Captain Bringliam, left the Court with ■ character untouched by this charge. He bad behaved with great far• bearance and humanity. The Jury begged leave to concur in the sentiments of his Lordship. POLICE. BOW STREET. On Monday last, a well d t . d youth, about 16 years old, was brought op by W. Smith, and another of the patrol, who had taken him into custody on the preceding evening on suspicion of having stolen a hat. He was accompanied by his father, a respectable looking elderly man, attired inn military cloak. The statemettenf the officers was, that on the preceding evening there was a fire in .Berwick-street, Soho, and a great crowd collected, among which the thieves were particularly active, and among oilier tricks that they re. suited to, was that of knocking cff men's hats and iodides away with them. While the officers were on ditty, they saw the prisoner leave the crowd with a hat under his arm, besides that which hilted on his bead. Conceiving gist he liaJ stolen it, they 'took him into custody, and on his way to the watch-house 'he said he was the son of a respectable man, and that he had been sent for the hat by his father. Before he reached the watch-house, he offered to give the hat to the officers it they would let bun go. This strengthened their suspicion, and they had hint locked up for the night. They had madeinmairy that morning, and fouled that his stogy was true, and they had therefore no charge against him. The Magistrate (Mr. Halls) expressed his regret that the led should have been confitied all night; tuft the ta llier must <feel that the officers had done no more than their duty. The boy mast of coarse be discharged. The father took away his son, and there the matter was supposed to haveruded : but on Tuesday evening, as soon as Sir Richard Biruie and Mr. Halls had taken their Seats, James Sedgwick, E. , q. chairman of the Omani.- shine's of Stamps, entered the office, and proceeded to lay a complaint before the magiorates, of the conduct of the officers, who he said had exceeded the limits of their authority.,4ol4l had unjustly imprisoned the son of a res pectable man. Sir R. Millie, upon hearing the circumstances, declared his opinion that the officers had done uo more than their duty. Mr. Sedgwick said they had. They onght not to have locked op the lad when they were told that he was the son of a respectable man, and had been merely sent on an errand. They ought to have made inquiry. Sir B.Birnie said, that officers were not obliged to be lieve every story that was told them by those whom they happened to lake into custody. Mr. Sedgwick said they ought to have made enquiry. It was not to he borne, that the son of a respectable and honourable man should be shut up for a whole night in the black hole of a watch-house, among felons and prosti tutes, at the caprice of a couple of police officers. He was determined that the boy should have justice done. Sir It. Bailie:a-Well, Sir, )011 are at liberty to take what steps you please; but we have nothiug to d . with it. If the officers have done wrong, they ate amenable to the law. You can indict then) •1 the ses.ions. Mr. Sedgwick.—lndict them at the seasionsl Anal what satisfaction would that het It is your duly, tilling 4 here as a Magistrate, to see that officers do their duty property. Sir R. Birnie.—l think they did their duty properly. They saw this boy with a hat which they thought lie lied stolen, suit under the cirennistances, their aupicioo was well f led, and They hail a right to take him into cos tody. Mr. Sedgwiek.—Sir, that boy is u incapable of stealing a lint as von ale. sir R. ltd air (rising from his c u%s il il i t iti ' i a r ac i P t r e ,: .. wed Officers, I chair.)—Sir, i ma r 'lViyiikbinonwrhoeit what ieY kos il b i M e is due to sly rank and situation portaneeMA society. 1 care alto or what *V Sr.. and L desire you wilt leave thae dna nine. miIiMINNIMM!MAg