The National Register. — London, England, 1821-05-21 00:00:00

CAPT. PARRY'S WORK. •—•••-• An account of the late voyage to the Arctic Regions has just been published by Capt. Parry. Among the numerous interesting facts contained in it, the following, on the singular effects experienced from the intense cold, are not the least curious:— " The effect of the intense cold was such on the 2gth October, when the mercury in the barometer stood at 32.71) inches, that it bscame rather a painful experiment to touch any metallic substance in the open air with the naked hand ; the feeling produced by it exactly reseim blunt; that occasioned by the opposite extreme of intense heat, and taking off the skin tram the part, effected.— 'file eye pieces of the telescope, if suffered to touch the face, occasioned a severe burning pain. Wilint the thermoineter stood at 2611 degrees, the smoke of the fires in the vessels, as it escaped front the funnels, scarcely rose at all above the hawsings of the ships. " O.t Christmas-day, the officers of the Heels had a piece of roast beef for dinner, which had been on board since the preceding May, and was preserved without salt. merely by the antiseptic properties of a cold atmos phere. The distance at which sounds were heard in the open air, during the continuance of intense cold, was a matter of great surprise. People were often heard dis tinctly Immersing, in a common tone of voice, at the distance of a mile. " Au artilleryman, named John Smith, running into she air without his gloves, had his fingers in half an hour so benumbed, and aii i iii taunt so completely suspended, that oh haring his hands plunged into a basin of cold water, the airfare of the water, was nn oediately frozen by the cold thus suddenly communicated to it. His fin gers were obliged to be amputated. " The following anecdote illustrates the dry humour of the sailor, and his indiffertnce to hardships of the severest kind :—A party belonging to the Griper being petit to quitri,e souse relit deer, unfortunately lost them saves for several days, and were obliged to live upon raw grouse, which they shut. One of them, nattifd Peter Fisher, heing asked on his fiist arrival on board, what they hail lived upon—" Lived upon," said Fisher, dryly, " tote Duke of Wellington never lived so well. We had grouse lor breakfast, grouse for dinner, anti grouse tor supper, to be sure." LAW INTELLIGENCE. COURT OP LING'S REN4H. MONDAY, MAY 14. Mr. Denman moved for a new trial in the case of the defendant, the editor of the E samimer , who was bound guilty upon an information filed by the Attorney Gene ral of a libel on the purity of the House of Commons.— The trial took place before a special jury. Ten special jurors were in attendance, and two were talesmen.— rhe learned counsel said the objection on which he applied fur a new trial was something similar to that in the case of the King v. Cartwright, Irons Warwick. He had affiluvits of two of the 24 special jurors struck for the trial of the defendant. 11(4%1111C that they were not summoned by the Sheriff or his officer to sit on the jury. He had also the affidavit of Mr. Hunt, who knew no thing of the transaction until After the trial. Under those circumstances he had to submit to the court, that there was not a competent jury to try the defendant, who was consequently entitled to a new trial. Mr. De an cited the provisions of the special jury act, 3d of George l. as well as several decided cases, contending upon the whole, that the omission on the part of the Sheriff was injurious to the defendant, who had 1)Cell deprived of his special jurymen, and forced to take talcsmen. He also argued at sonic length upon the mischievous con sequences which might arise from the sheriff having the power to omit summoning soy jurors he might please to except. It might so happen that lie only summoned two of the special jurors, leaving the ten others to be chosen as talesmen, and those ten might be the defen dant's enessiics. Mr. Ju►tice Bayley obserted, that any Sheriff acting partially would he liable to punishment, and the defetid aut, it injured, would he allowed a new trial. Toe court, taking ions consideration all the matter urged by Mr. Denman, were of opitt:on that he had made out no ground for a new trial. It was not sug gested that there had been any collusion on the part of the sheriff, and the court was not itound to impute a crime where there was no proof. Independent inf that consideration a compliance with the motion inialit en tirely cnange the verdicts in civil and cri• I cases. — if the 01114111011 to summon one or two jurors out of the Y 4 was to be the ground of a new trial. it would take away the principle in ctiminal jurisprudence su fat our. ahle to the defendant, namely, ►hat the defendant once acquitted could not be tried again. If, alter acquittal, at shook' uppear that tate of the jurors had out been bill 111111 l tied, the crown would have the 14111 C right to ask a new trial. The motion was refused. . . Mr. Gurney then said, if it would suit the conveni ence of Inc court, judgment would be shoved against the dvcrlitlaill all Thursdiy se itnight. 'hie Cilia Justice said, the court did not object to that day. lie aim tnitlrtatrd that Mr. Denman WJS at litter'', in make any motion against the sheriff which cir- Cll/1/SliitiCril (night jfistily. THURSDAY, MAY 17. LIBEL UN Till. QUEEN. TMII Ellie V. ILACUW. When the pereuiptory paptr was called on, this cause stood the first. The Lord Chief Justice intimated that as it had been partly licarti whru Mr. Justice Best was plesrtu , IL had better siand mee for a day ~ r Iwo. Mr. Brougham hoped the delay would not be long, or he should lose lie belietit of the application. Toe Lord Chief Justice.—" A delay of a day or two will not present tile rule beim; made absolute tins knl \lr. Brolightm—.. It may, if your Lordship.' should to the eatiaorditiary arguments of toy learned illtlKl Mr. Patric oo the subject of alhaavits." THE NATIONAL. REGISTER Lord Chief Justice,—" We will not consider that now." THI ICING V. JOHN THELWALL. The defendant in tnis case has been indicted for a libel at the instance of a Society calling itself the Con stitutional Society. Mr. Blackburn now moved for a rule to shew cause why the names of tile prosecutors should not be furnished to the defendant. He moved this on an affidavit which stated, that on the back of the indictment the names of Horatio Horton and J. Stonens were indorsed, and the defendant's attending to put in bail, Mr Alacrity, the secretary of the Constitutional Society, was -present as solicitor fur the prosecution, hut would give no informa tion as to the parties' names who instituted the proceed ings. "1 he names indorsed on the indictment were wit nesses to prove the purchaseol tile libel and proprietorship of the defendant. lie nuw contended the defendant was entitled to know the names of the prosecutors, as some of them might otherwise be iiiipaimelled on a speci al jury to try the cause, and also that it might prove a ma licious peosec , or the deiendant might have to claim costs. in which case his ig ))))) duce of the prosecutors would deprive him of his remedy. The Court refused the rule on account of the novelty of the application, and the inconveniences to which it might lead, if complied with. But the court directed, that. if a special jury should be struck, the defendant should be furnished with the names of such members of the Constitutional Society as were elniible to be in tne if the sante should he tried by a common jury, the Court can have no objec ) )))) to the defendant asking each juryman. as he came to be sworn, if he was a mem ber of Gist society, and that they coistidered would give the defendant all which the jusace of the case required. Rule refused. FRIDAY, MAY 18. TIIRRY V. MORNBY. This was an actioiitWreCovWeliveii weeks lodging, at sia slullings per week, whiten the de.eutlatit's wile had in the house of the plaintiff. The case was one of interest to the public, as it invol ved the question of a husband's The tiefendsnes wife was much addicted to liquor, so much so, that site idedged the wearing apparel oh her husband and children to priocure strong untik. It was clear that the defendant treated her kindly, and would have been glad to keep her in his house; she, however, wishe.l to separate irons him,and he at last consented to a separation. There was an agreement drawn up between them, which was not carried iiimericci. She was to have twenty shillings per week, ;Or herself and a Child, until she signed a deed of separat.on, and tinily after she did sign it. She went to live fist with her mother, where the defendant sent her clothes and necessaries. She then went to live in the house of the plaintiff, and the defendant sent notice in wilting that he would not be answerable for tier lodging. lie paid his wife we twenty shillings for a time, and finally the arrears, which made the allowance thirty shillings from toe she left her house. %lr. Scarlett contended, upon the above facts, that the plaintiff could not recover. There were but two cases, he said, in which a tradesman could recover fur lodging afforded a wile. One where the husband authorises his wife to receive credit ; and, secondly, where catchy has compelled a wife to leave tier husband. Thiis was not a case which came within that class., and the plain . tiff, who went on trusting after due notice, must be non d. Mr. Nlarryait contended, in support of the action, that it was a the case of a woman separating with the consent of her husband, who was hound to pay fur her main tellallCe. The learned Judge put the case to the Jury upon the facts, and without hesitation they returned a verdict for the defendant. COURT OF COMMON PLEAS, MAY 14. NATIONAL INSURANCE COMPANY. ANDithwS v. lILLISOK, dC ANDIMWS V. OLDOII. Sergi ant Pell - -'rd to arrest the judgmetit to these two cans, which were JCilolli bn.aght by the plaintiff against the defendants as two of the directors of the National Insurance cuitip;.ny, upon a policy of lIISLIGIIICC against lire. He contended that trout the wording of the policy an action of covenant did not lie ag Mist the ndaots Tile Chief Justice —Take your rule. The public cannot know too soon the grounds on which this coin patty think proper to avail themselves of technical tals. jections to drive a plaintiff to look for relief iu a coin of equity. after the verdict of a jury has established the justice of his claim, and sequined having procured a traudulent. 1 can understand a case where an individual dud not wish' to be answerable. when there were no tooth in the suesely ; out where that is mit the Case — Sergeant Pell said that it unfortunately was the case It re. There was an affidavit %hitch slated 11141 ►here were VW funds 11l this society. Mr. Justice Park.—lt is important that the public should be aware of that, and be titeretiy prevented pubis insuring whit a LiJilithwy possessed of liu tun i$ Sergeant Vaughan.—My rum her Lcils is very anxious that the distinction should be known littwret. tile Na -I.lollal Union Cutetp‘ity •u.l tile Norustcft Union Com. patty, of which latter Any inetid is a Llike • Ruh nisi granted. Poltcy. Bow STRRET —THFATRICAL FRACAS.—On Monday Mr. Glossop, or the }tonal Cuburgdttra rr, and clerk of the elk que of Ins 11 _ band of gtillkillt:11 1 .11..1011. I'IS, appeared hrlntr Mr. Bindle, the >inMtg 11.4141 , trate. 111 answer in .1 cliar r te of assault, prorrird .4 4 .1111bt 1.1111 uy NV ninon, acting, manager or the Tneatre Rival 1):Itry I.anc. lie (11.1111philia lit was attended by Mr. Elkton, NIL 1)111111, anti Milers of the Drlliplalle ebta. ulthitnean ; anti Mr. Glt.sop cattle a..coutpantud by a 169 numerous party of friends. The assault, which was the subject of charge, arose oat of a circumstance that (ac etified upon the visit of the King to Drury-lane theatre, on Wednesday evening last. Mr. Glossop, in the olli chil capacity ahove-mentioned, attended hit Majesty to the theatre, and a man in livery, who was understood to he his servant, was admitted into the lobby, or avenue leading to the King's box. as were other servants. Mr. Winston seeing him there shortly before his Majesty was about to leave the theatre, aim staked him " Who are you. Sir I' to which the titan repli d that he was Mr. Glossop's servant, and u p on that Mr. Winston called out to some of the servants of the them. tee, " turn this lainpliatuet's boy out." The order was obeyed, and " Mr. Glossop's servant" was ejected from the theatre in no very ceremonious manlier. The matter being communicated to Mr. Glossop, lie took it up as an intended personal insult, and the following day he went to the stage door of I)rury-lane theatre, and enquired what time Mr. Winston usually left it, and was told at four o'clock. At that time Mr. Glossop took care to be in attendance at the dour with a horse-whip, and when Mr. W. made his appearance in the street, be went up to him, told hint of the insult he had received, . and demanded an instant apology. This was warmly refuted by Mr. W. and the deteudant thereupon said. " Tnen, Sir, I shall give you a sound thrashing," or words to that effect, and sui tiii a the action to the word, he commenced an attack with his whip upon the shoul ders of Mr. Winston. The latter threw op his stick to ward off the blows, hat Mr. Glossop knocked it from his hand, and then putting himself in attitude a k Crib compelled Mr. W. to a hasty retreat within the stage. - door. Mr. Glossop then Mounted him, that tie should • take the same liberty with his person wherever he met him, and went away. Mr. Winston determined upon seeking legal redress for this outrage, applied to .Nlr. Birnie fur a W3ll/1111 to apprehend tbe defendant. The worthy magistrate conceiving probably that a public in. sestigation of the a ff air wou ld be productive of no good to either party, endeavoured very strenuously to bring about an amicable arrangement, but be could not sue oeed. Mr. Winston Stated the particulars of the assault upon oath. Mr. Glossop said to the masustrate that the terns " Lamp-lighter" was intended to apply'. and the treatinesit altogether that his servant met with. was meant as a personal Mault to himself. Mr.W • on had said, that he (Mr. Glossop) was ithe person of all', others W/111111 he wished to keep n o t of the theatre.— Holding air s illation in the royal household that rte did, . and being in attendance upon his Majesty in the wtiliinit of his office, it was unposaible that he could brook so • gross an insult. Mr. Boole said, that a breach of that peace having been proved, his province was merely to direct that the defendant should give bail to keep the peace, and appear at the Mi3lOllS. Mr. Glossop lissine di.itely entered into the required sureties and was discharged. BOW-STREET.--UNExPECTED TWIORMATION —On Wednesday Stephen Harrison Flatter. a• young man of genteel appearance, who stated It b self- to he a school master, was brought up, charged with stealing a lot. and several U. notes, the proprny of Charles Jacos. The prosecutor stated, that he is a taylur residing at No. g.. Warren -street, Fitzroy-square, and the prisoner was his priicsdar friend. Oii the titli of April last the prisoner canie to his house and spent the day and reciting, and and while lie was there, he (prosecutor) missed a ten pound and mine smaller notes from a pocket-book which was lying in the room. He communicated his loss to .the prisoner before he left the house, awl he expressed much sort ow and surprise at at; but observed, " I dare say you will find your money." Witness stopped 14' ) . ns. nt at the bank of the 101. note, and a few days since he recessed a letter informing him that it hall been paid in by Mr. Read of the Bagnigae Wells tavern. Mr. Read was applied to, and the note was ultimately meal to have been paid to a licensed victualler at Hank stead.. by the prisoner, a few days subsequent to Me rubbery.— .11:•in4 applied to, he at first denied any knowledge of the note, but afterwards said, that It was itiSS:ll to him by Charlotte Goodman, now the wife of the prosecutor...-. The prisoner now, iii his defence s.id, that on the day in question Charlotte Goodman, whom the prosecutor had 'Slice married, came to his house at lianipsLoad, in a state of intoxication, and after•iirink Mg so nettling he &es compataird her u r on her own imitation to Mr Isom . * it • The latter was out. and did come home nil morning, and he (prialiner) slept with MIA Goodman. Whet. the prosecutor did come home he was very drunk, and sent I art for some gin. When this was drank more was procurea, and then thy went out and drank at public muses, until no landlord would give them any inure lulu Ir. They returned in Jacut's Imo c. and they all wellt 111 lied very drastic. 'foe folloosio.; mor ahe AM 11 1 / and ptepared breakfast, and gave Mr. lacot and Mills (;ouslinati some "cordial". The again got tolerably " jaby. and had various amusements, such as attemptiog in walk a straight line citalkets upon the carpet, in which toy time me of thesis could succeed. lii iiie colirse of mute day Mr J.11:01 went out, leasing his pock.a book on 111 C bea, and Nista Gixi.linati having Maid him (posatier) say, that lie was its want of money, took out the es in Tiestion, and gave them to biers, enjoining him to keep it a secret from Jacot. Sir H. Baker.—" Prty do you keep a parish or any other public school?" Prisoner.—" Na, a private oar." Sir R. Baker —" 11111 1101 111111 k your pupils likely to benefit much, hy your example or itistructiou." Prisoner.—• my affair." Mr. Jactst deified 1110tl p otnivi ly the story of the ex cessit a drinking related by the primmer. Tue prisoner was committed for further ex monition. The tom subscribed by the people fbr the pay ment of the fine imposed by the Court of King's Bench upon Sir Francis 134tilett. witieh is shave 6001. the hon. bariatet has declined to accept, recom mending the applieition of it to die iel.ef of Csa suffaers at Manchester oo the 16th August, 11119.