The National Register. — London, England, 1822-04-14 00:00:00

LAU INTELLIGENCE. COURT OF KING'S LENCII. wEDsiEsu v, APitil. 1!'. This (lay the Chid' Justice sat at Guildhall to try can•ea. z•everal were called on, but in cousequetice ut the ■bacnce ut the panics, w us, r. NiON V 1111:6wAy. ....... Mr. Scarlet?, fur the plaintiti, stated, that th 7 s was an action of assault. His client was a gentleman Itclongieg to the eat;thlialtment of the Surrey Theatre,where,alllollVl other ditties whirls he• had to pet was that of a dancer. The defendant also belonged to the same esta blishment, in which he held the situation of haliet-master, and pliacipal het u in pantomimic pet formattecs. Mr. Paul Wt midi, commonly t•alled Signor Paulo, who was present alt the night in question, heard a.diatotle arise between the plaintiff and deli inlant as to their respective merits in their protrusion; heard the plaintilT say lie could lie beleisrli for SOL as a better dancer than the defendant. The parties were on opposite aides of a table, and witness saw the plaintiff stretch 0 1 1 1 his tinge* towards defendant's face. This waii before dcfru d.utt struck him, flis finger went near deli lidant's nose ; on which defendant struck him, first with his fiat, and then with *stick, which) he had in his hand. The waiter of the eolfee-horse was in the coffee-room at the time, and heard some aggravating :.menage pass between the patties—heard plaintiff tell defendant some his bola danced petty n ell, and aakeil as hat master he (the defendant) had retained to teach them / The defen dant, in reply, said he had a little girl, kiir ) ear• Old, %%110 world dance better than the plaintiff. 'rids witness also saw the plaintiff point Ina finger towards defendant's face before defendant atrnek hint. _ _ Nu pet sou iipprati....l fur the defendant. The Cinet Justice commented on the eeirlenrl Led been given, which, his Lordship said, left it in doubt who c 111111 l iitted the first assault, as the pointing of the tiger alluded to constituted all assault, in law, He Kt it to the July to say whether. in this raise, a ' , billing thi nisles would not be quite to biLet the justice of the• rase. The Jury, without lirsitatiGu, found a ►erdict fur the plaintilt —Damages, Is. co.!. 1.. _ _ DIPPLI U. II EA RN E. This was an action In recover damages for a malicious prosecution. The declaration set firth, that the deten. dant, intending to injure the p!aintitl', unlrnlitlly, tuali and without reason or probable valise, sited out an indictment, chit ging that the plaintiff, being examined by Mr. Collimidge ma the tateution of a Writ of inquiry, upon au action brought by Dlidges v. Hearne, fats, l)• swore that lie, the plaintiff, did not go away with a box of IaCC, atter 401. had 1 paid. The question the Jury hail to decide was, whether there was pmohable cause for the indictment for petjury. 'lie Lord Chief Justice, in his t bat gc, called the atten tion of the Jitry to the notate of the action. - It might be said the plaintiff had not committed perjury, hut the mere act of preferring an indictment was not sotticirsit to war. rant the Jury ill giving damages. Although a prosecution might not lead to conviction, it was in lame instanced aiIIIOSI unavoidable, and nut to be cbissiderid malicious. On the trial of the indictment agaiiiit tltr plaintiff fur the alleged crime of ',minty in 'hat Court, the pi io-itlition failed upon informaiiiy. !elating to sonic former proceed ing, and the plaintiff (Amid not lie Mulls! guilty. 'flit. Jury were to inquire whether there was or was unit reasonable rause for preferring the indictment, and it they considered the proceeding 111141iCi011S, they would gi►e temperate damages. lic Jury fonnd a verdict for the plaintiff—Damages A11\01.1) V. MORBID. Mr. Parke raid, the. action wan brought by the plaintiff, a wine and spirit merchant, to recover 11131. the amount of a hid of r ',change given by the plaintili for the accom modation of the dclimilatit, who had become insolvent. It appeared in the coarse of the trial, that the wit Of a gambling tranaaction in the Inn& ; and, under all the clionivoances, the plaint if was nousuited. 11.11:1190.11( Arai!. 11. U. AA 'tali. This was nn action Motu:lit by the assignees of Benjamin, Magnus, and Gel laud, bankrupts, against Lea is Aarons, to terovet 4,114:. tieing the proceeds of a quantity of rirtion xhacb belonged to the bankrupt., and which bail been dr. !iv. red up to the dt fendant notice the follow tug circumbtan rc,:—!i appealed, that prior to November, 1513, two of tltr hai: kr npt., Alagoas unit Gallant', bad col 1111 l it ted acitol hanks uptcy. aid by the operation of the law the Fur:fly blab vested in the partrier who had not c 11111 l tutted au net of bankruptcy, or in the austn..cs of all. At the tone of the defivery of llirbe goods, namely, thr Nth of November, 1513, by Garland, the property a us not in itlnguins and Gar hut tilt, xss obbent liana LisgiAlid, at ib an aft of i'ailinment, introduced by Sir S. 1;114;111y, ahula says, it s ctnuuns,iun of bankruptcy dub ton issue t ills.° Ilirue lli. after the &hive' y or goods to a creditor, it renders all the transactions valid ; and if the act bud stopped there, the defendant stout(' have been ell tiVed ter the A Is ; bat there is is proviso, that the person to whom the goods are delivered trust nut have any know. !edge of a prior act of baitliaptcy or imolv ency. If he has kiliMletige of the came, lie 105t...a1l the benefit lit the statute, 1 lie qui Minh !Lei dilly, in thisease am, a holier or tort, on the lYtli ut Novenutrei, 1513, Lea Is Aaron, kora Ilial (i.tr fund mid Itiii•riitis baud einniti , lied :tell. bniikrdptcy and whether he knew the liUU,e bad stopped Ira% Milli, or had br come iseulbeitt ? The runt of the patua u hem: in a wale of ab made out, but t ea_ was lint bullicit'ill to (Irv' ibr the dertildaht of the gritals, unless lie Jury were rohvinced the defentlaut knew the bankrupts were invulveni. 'Die evidence upon (hal point priiVell, that it, tea runry not/ April, Ibls, Sputmer and i-toed process again.' the r urn() 111111 l Urell bill• to the animal of 50004 lle j ilild (in allot a ere ai rested. Ore of the per--sus who became bail tor liehitistiti and Garland, ass the delete. rail Atrium, au 1 for inference was, that he must More been asare of the imarli emit circumctraaer p. Mr. M.irouti addiem.cd the Jury fur the defendant, and e %monied Gin land iiiid Mu,nus to huppntt ut his vtatement. 'The Lod Chief Ju,tice if the J Le (millet:cc writ- of optioun Aaron knew, on the IVO' of November, ibli, that this house of llrtJauuiu, klognm, and Gurtnnd, um.iu torch a state tont this could out go uu a ittiout their in the cominnil aH, uf butineiis, they ought to to.o a verdict Ine the on the contrary . , they bbd termind to believe Itstit the defeintkut thought lima lot trot. ti,l to be iter the defebtiasit. Jut), ik ttLuut the kalif tirankaiim foamd d verdict fur TETE NATIONAL REGTSTIM, the 84igiter4.— Damages 4,14 11. This caw occupied newly the %hale of the day. FRIDA T. •FRIL 12. Kist:sr - ono P. 110P6. Tll4 wria the a•srxnves of Thomas Hope, agalast Georg.. Hope. hi, Mother, to recover floe value of a ves.el which aus transferred from Thomas to George riso a bill of esaltan. , ,e, and 200 routers of oats and beans. All this property wis clannea ow the ground that the baukropt had given Ids la•t.ther a preference to the injury of the other ' creditors. They alleged that the ditiereut nodules a hit h they sought to recover were delivered by Thomas to the defendant, George Hope, at a lime whets he way its d. cased cumstanres, and in contemplattoo of bankruptcy. The question coma (Firmly a re , , Whether the articles a lbeh passed from 'flamins to George ar. e delivered a ith a view of re leasing the bankrupt front ent , ,n4essetits to his brother, to the injory of the general r redilnri I The ev 614 Ore will, respect to the troasfer of the snip a as this:—The bankrupt appbed to lily brother for uu atlva:lre of y. The defendant rev Awn, ait bout he received s. turity, mita the ship in Clue-lion stns Cooveyed to him. lie then advanced gOth. and took up a bill t, eveilail;e. A rpi.a aro eni iiiii the convey alive of tire ship. It am. Contended Clot clue enquiry had nut been made repectine, the registry, and that the defect wade the ptoretty lust lit the Assigliet . S. The Jury, upon comidtrat inn of the evidence, found a ver dict for the a•sigoees fin 8331. 13.. AIIIIIher rause, in %%hid' the same parties Were liliArtol9, au+ttl•i tried. The question was, a lit:tiler the dr•felatalrt was entitled to hold 11,2 (Fiat tens oats sold by the Mack met to Ms brother ? The verdict was fur the ass gums. 2sztg Sntelligcnce. GLOUCLSTLIt. Befalls Mr. Baran GARROW and a Special Jury. KIPIP U CII.4INiCE. Mr. Ludlow stilted, that the declaration complained of a breneh of promise of mart inge, and that the defendant bud pleaded the general issue. Air. Jervis adduce-est the Jet y au behalf of the plaintiff —They had, lee said, heard the nature ut the action a hich they acre s 'urn to try, and which was brouteht to recover damages for one of the t cruel injuries which could be indicted on the sex. He would, however, restrain his feel. le e s and slate to them the facts, a hich would be proved it: evidence, aith all the simplicity in his power. Mts. Mary Ann King, the plaiutilf, nits now thirty-two years of Hie, but nits only In eery-ma when this disastrous cuurtsiiip cols mewed, bite nes the deughter of a wiost lespectatile Hutu who obtained his liVesillUUd by the ourinagment of a leree factory at a salary of little more than bOl. a year. air. Chalice, the de fevn,,nt, now 38 years of tree, and alto was 1112 alien he tweets to address the plaintiff, rens a gentleman of cosoiderithle fortune, and of fascinating oratmets, who had served as a Lieutenant in the Gloucesteridnie militia. At ti acted, no doubt by the beauty of Miss King, mho moved in an interior 'tuition of life to his own, stud who then a us successfulle attempting to add to the beauty income of her father, by her ex( i Lions as u futice.drees-maker, lie early tt 1815 began to visit her, and to pay her marked attentions,. Her father, suite:toes hietlie welfare of his child, thought it necessary to demand o'slr. Chance the meaning of his visits, and teat gentleman promised to satisfy him aithtill the lip torrent frankness and tumour of a soldier. On the invitation of the defendant, they wulked together in an hat, called the 0:d Bell, a here Mr. Chance exclaimed," %V 11q1 (all I .ay or a hat mole ran I petiole> do, inure than I here done, to enusinre you of my honour / May may hand drop fruits my body, may tongue meta ye to the touf of my mouth, if ever 1 deceive you or your daueliter ; and 110 one but she shall ever cull me husband." Three ex:west-ions were straits, hut they wet - chem. dui, fur they were taken in no small degree tram sacred aril, Mr. King, anxious that the defeodattt Hutted out rashly pledge lintisief, reminded him that his deughter ou•d have no fel - time ; to n had) Mr. Chance replied, " I desire no fortece but your ilaueliter—that is all 1 desire."— Mr. King then observed, that he I a mother and relatives who psubehly would disapprove of the conuex ion ; to which he :111.11e:red, " 1 um not a buy, surely I am old enough to choose for myself, Nor neither mother, nor aunt, uncle, nor any other shall make a choice for me ; I have matte my choice and by that 1 will abide." But even on the distinct promise he (Mr. Jerais) would not rely; lie wined read ex tracts from a series of letters address. d to the plaintiff durieg the whole oi the protracted courtship, which were full of the tot ougest end tenderest exidessions of Igoe. In WI, cling nurse, he had eedeevoured as far as possible to avoid wound. mg the reclines of the detendant, tor lie stood in that court WA to ;ratify the curiosity of an expect:tut audience, but to Oillaill retirees for unmerited sufferings. Here the learned emisetel reed extracts from the letters at the defendant, (tom August. 1815 to 1819, which expressed the wannest antettion, and while they lamented circumstances which did not per n.it.an immediate marriage, exhorted Miss King to sustain tier spirits in the full assurance that a time would coma when their mutual a Willi world be coinplett d. ISut in 1819, (continued Mr. deice) lit lose hegaii to decline, lit that year the pli.itettf lost her mother, tin which occasion the de fendant addressed to her ii t. ry common-piece letter, far dillerent from teat which she might have expected from hint in an event st bids lett her half uu orphan. In the February after he wrote in her, intima.ing that he had no prospect 01' marriage, and could not deo!: of btingiug toe lies penury and a retcliedness ; but, to hit honour, in :11111$10U to bar fears lest her repu titian should stiller from the breekieg oif of s o lung en intimiley, declared that her character ads uoim peach.ible, and that he %emid maitnitin her innocence with nib life. " Never," meld he, " did 1 wittiest; any thine from you in word or deed ahiclt could raise a blush in the 'noel miocetit cheek." Whitt, however, would the Jury think when they heard, that in May, 18'20, after emir than live years courtship, he paid her a visit to infurin her that lie had termed an utlachnient to another lady stained Maria Leans, to tusk her conseut to his marriage, and to demand bit letters tram her hando. (in receiving this cruel intimation, she fainted, and fed into violent hytteries. Iler father, return ing home from hi daily ore upation, rushed into the route, and sop ortinx in his arms his child, doubly endeared to him by the loss of his wife; and ley her own sorrows, asked the defendant " w hat this could mean r" Mr. Chance replied, " Ask Marva" lint she was 'melee at first to speak...-. My dear child, " said her father, " speak to toe; ti Mot is the matter? "Oh father," said site, " it will be the :tenth of me," again feinted. When the recovered, she exclaimed, " Mr. Chance is come here ;o tell Hie himself that he ha formed a similar connexion with another for some time,und to ark my consent to his metre ing her, and insists on having his lieters." Mr. Kite, then irked the defendaut how he (until 'Molt of hie:dove Min creetex ion se Men had lusted sit sung, add demanded it be *membered the prat:lite Made to _~- -tea. him at the bun ? " l dolt% know that I do. exactly." was his nosy' er. Ills own remarkable expressions were then repeated to him; but be only said, " I do not know if It was exactly that." After some time he beg.ied Mr King to go to hi♦ mother at Uley. and to tell her be would never lease his daughter. Mr. King aceoislingly wetit ; and it a:l* 10 he feared that this was only an expedient to pi ocure his aboillee; for ,Mier he was gone Mr. Chance was overheard &me o wi ng his letters of the scarcely conscious woman, and threatening to break open every lock in the house if they acre ❑sit giseit to liim . Mr. King returned, after seeing the defemlatit's mother, now informed Mr. Chance that she hail refused to hear hills ui the subject. us her son had formed a connexion with smother lady. Shortly after Slue ileft.nditat left the house, and returned no inure. la a few days he wrote mite in the coldest terms, again sleina mho.; his triceps, oast oft ring to retui is those u! the plaint ss loch ;se repre.cnied as disinterested conduct, best cal ulatill to sec:ore their mutual hap pin. is. On the gilt of March, IS2I. his mother died, and a ith her ceased sill obstacle. of his onion with Miss Ki ng , for he ... on e into the possession of a considetable to r . lune. lie ewer, however, redeem. d his pledgmi, so ofwn and so solemnly repeated; but sin the lik; of J ru i rir y 1„. ; put it for ever out of his ;tosser to do site !Wilma justice, by wit rying Mils Maria livens. No attempt woulil be now made no cast a Rhode over the c haracter of the phontit—he knew better the delicacy of Mr. Pollees mind; but of this he was sore, that if sill her stumps( were sabjected to lite severe•t scrutiny. nod all her letteis exposed to the world, notithig a sold be found which, in the words of the defendant. a could raise a Mush on the most inaocent cheek." In este. mating the amount of the datin4;es, these acre many c u.. cultist:times which they Mould consider. They a uuld ee member the age of the part es t the defendant of mature years unit compel , nt to deckle for lit mscLit the p!a;olill at that period of life a hen a protracted courtship, followed by desertion was an irretrievable injury. Those six long years o' deferred hope, could never be compensated in this world. This beauty which charmed the defendant hail faded ; grief had forertalled the ravages of time; for, from that suriment alien he dared to request her consent to an 001101) union with another, her health had been slued y broken. Those eyes which he bail described in the of poetry as of " heaven's cacti 11,15 " w ere dimmed with aerpit.g ; and that heart which had beaten wily a ith lose fur Win, was ea. hausted for ever. If be did her the justice to ilemare shot there was no other stain on her honour, calumny would Kill be busy, nod insinuiste twit after so lung a cowienion, b he was not forsakes' without cause. Who sound desire to marry one aho bad so long lavished her affections, though innocently, on another I The touch of love was exhausted. and there atm no Promethcon heat by a hich it could be rekindled. Situ had anticipated an elevation in rank ;la participation in the enjoyments which the fortune of her Inver could supply; the plenstire if ass alliartee ait h n gen tleman of ■ profession whose gallantry and honour justly gave it• members peculiar fascinations in the eyes of the fair. For the loss of those—for au almost broken heart— for ruined health--far a frame brought to she verso of the grave, they would *lie the wily balm *Dims their power to apply —in those aniple damages which justice required at their hands. John king, the father of ►he plaintiff, was then sworn, and examine dby Mr. Taunton. He stated the conversa tion between .he defendant and himself at the beginning of the connexiosi, and the interview in which it was or, precisely as they were described by Mr. Jervis. His daughter was, lie said, in large business as a dress. maker, when Mr. Chance first paid his addresses t hat since he had forsaken her, she was incapable of attending to any thing, and her business had therefure decimal. She was so altered as to he unlike the person she Once vras.---(The witness was so much affected while giving his evidence, that he was at tittles almost unable to pro ceed.) Ails' Jane Woodward, who was apprenticed to the plaintiff ton months bet4e the connexion was broken rid; corroborated her father as to her eonditi tttt at the last visit of the defendant, and tier subsequent illness. She had slept with her since, and knew that she scarcely obtained any repose. Eleanor Harris, the maid servant, overheard Mr. Chance eller Mr. King had guile to his mother, demanding his letters, and threatening to break open every door sail lock in the house it they were out given to him. He said he would ask the servant for them. Miss King replied it would be useless, for she did not know where they were kept ; and if she did, she would not give them up to him. Mies King was in tied all the next day. ,and had never been well since. Mr. Chance was in the habit of visiting and walking out with her up to that evening. '1 he kite's of the defendant were Unit proved and read : Ihuugh nut w, t .writ souse vet no vacancies, nu"' were feelingly and elegant written. The death of his mother in March, 1,621, and lini marriage with Miss £54115, WeSki admitted. Mr. Morgan deposed, that he rented the patrimonial estate of the defendant at aI.PI. a year. On his cross-examinatson by Mr. Campbell, lie stated that Mr. Chance wan originally a clothier, but had failed in huNine!.., and bad afterwards served as a lieutenant In the South Glourestersithe Militia, After the peace, lie wee cutirely dependent ou his mother fur support, and was now far front affluent. Air. Puller then addressed the Jury in mitigation of damages. He urged that the connexion ought never to have subsisted: that the father ought to have continual caned it to the relatives of the detendant ; that the plaintiff had tort little in a mat riage which would bare int.orliteeil her into a family who would have treated her for life wills anger and hitter *coin; and that the issue was only that which might have been anticipated as the residt of a con nexion which could only he completed when a mother was laid in her grave. lie may authorised by his client must unequivocally to declare, that the conduct of the plaintiff aas above all reps ouch, and that if any calumny ad assailed her, it was totally gtetindless. This. he thought, would be a better balm to tier a minded feelings '11:111 those dantag:s %Melt she, or rather her friends, bought to ',cover The del•endant was now far fruits rich, and large damages would cause his ruin. _ Mr.Haron Darrow recapitulated the chief circumstances of the case to the Jury. It hail been said, he observed, that this connexion ought not to have subsisted. If the plaintiff had been au at tful woman, older than the defen dant, who had taken advantage of his ardour and inexpe rience to entrap him into au engagement, this would bo . true ; but such was not the ease before them. His duet otlence, and it was no light one, consisted iu his C0111i1111• hog to pretend affection to the plaintiff, when lie was actually paying his adds espes to another woman. lie had found tier in the bloom of life, buil iu ciiruenstances of health 'tad comfort ; and had hit las eltaitescd, lotto's* ~. 118