The National Register. — London, England, 1818-08-10 00:00:00

fe s *les *ro t . p . rinl of glit pi' - 1 41•ftt. leatnPil intitt— fines of A ib h o t! , ase, ea rt: ; a, Lat on at tile• '4!W j• 1 TI)«y 1 Colli• • St ruck ).1r.,.,1 With nek the it) DII the rill the 1.! had of the txter• .I . n a«'} ui titai shead 31au- yeeng pmt Alit., ZIA for erbirO It re,ei week ai for L'lo(✓ .rvi•,n a :mil I el , . fure alert urge 1 n It. ill ! ' r de. igesi ri •t I:Ay Mr, ; rtiC the HL tie U tt:, thr co; Jer AUG. 10 NORTHUNIGERLAND.—Acc. 4. citum. V. cLiatus. chip, i n *a wning slit, lamented teat he -could not find any ,Irrutnd of doubt to the evidence, and onzgested to the jury, u; the only milts left to them, to trenowit.od him to no•t . ev. Theiury Pound st vcidict of guilty, but le e n,uusend,-d hi m to mercy in Consideration of his youtii and fonnercti,ii 1 1 13 , noel.. Mr. Johu Lonlvert nko Artnnlty reco•woootivil him iti Merry. The p unhappy father eat 'to Court during the trial. CIVIL .811n.',. nnown TIIP plaintiff, who is brother io-law to the defentrant, claimed payment of a bond . for . executed in i 7 f. and i n t e rest from that time, makinti tit all 3291. For the ii:aintitf it was tutted, that the bond itself was gait' , clear, that an endorsement upon it in I stot . proved the payment of ititcreet that year, ants that the defendant, a man of Sa, aeknow. felleed to the clerk of the plaintdi's attorney, on Tuesday last, that he had never paid it. Tor the defendant it was contended, that it had been paid, altitime,h the distance of •tiose made it impossible to alum when is was paid. The en • .lersernent was a fabrieation ;it happened to be so dated, that it was witiiin years of the date of the bond, and of the date of this action; but it was not written in 180', fur a ropy given to the defendant by the plaintiff since the action beean con tained it not ; farther, it referettl to all account which ex pressed nothing of interest, and could not in any way be connected with the hood. As to the pretended admissinii of the defendant, the pity wet e to consider drat the clerk had gone to the defendant's hOllSe 011 pretence of sithticenatoc hi s neplicer, .whom they did not call, bat hi reality in order to •prnp a confession out of the defendant. 'Neither life nor property Was safe if evidence like this conkd he receive I lint the t i e f e mi a nt hail only denied that he hail over signed • Smelt a bond, sod with the belief that he hail not, a want of memory not snrprisiag its a man of 84, lie must have said that be hail never paid it. The strototteAt circumstance, however, was, that the plaintilf hail never deinausled payment till 3: years after the . slate, while he WWI so poor that he was sup • ported by the parish, aJill while he lived far many years on she worst terms with the defendant. Verdict fur Ile De :feuJant. "Serottertori.—This t;;: — heileeCited a very high degree of exuectation, and crowded the Court at an early hour. Just as it %Va. opened, his Lordship ordered the ladies to withdraw. it was sprciel jory, Sic Charles Lorraine, Bart. foreman. Mr. Holt stated, that this was an action brought by Thomas Carr against the• 11ev. Robert Clerke, to recover compensation In damages let the loss of his dangliteesservices. Mr. Seurlett thui addressed the jury :—lt has fallen to my .Inc to address you on behalf of the plaintiff, whose nufortu iiate daughter has been sedneed by the el efeadant. The ac .iion is brought on the groomd of loss of service. It is an action long known to the law of England. It is the action of •t master to recover compensation for the loss ot'service ocea oioned by the seduction of his servant. If that master he also the father, as the -service is endeared by that relatiou, so tote loss is greatly aggravated, and die damages must arcerd •iagly be higher. The seducer in this case, it gives me the greatest pain to mention, is a eierg:enan, lecturer at Hexhain, t roan o"• very considerable fortune, and hut half a year a widower when the transaction took place. He bail been married to a daughter of Mrs. Shat'to, at Ilexham, and had three. chiLlren. He lived at Welwiek, a few miles from Healtam. But lie often visited in Mrs. Sliafio's house, anti sometimes was 'lime %sill% his whole faintly for weeks. In Mrs. Shatto's family was the oinfoi innate dau g hter• of the plaiut►fi. I ton aware that a legal objection will b-, upon this ground, raised by my learnt(' friend, who will contend that this action cannot be maintained, as the daughter did not octitally serve her father at the time this transaction occurred. 1 know that this action recount be niainta.ned by a father whose daughter, of mature age, is at service out °lbis honse. I know that it cannot be maintained, when a daughter, Un der age, ie se:vice without any special intention of returning soon to her fathers house. But in this case there are peculi arities which, I hope, will satisfy his Lordship, and leave the decision in your lands. The plaintiff is a master tiler. lie lived till Martiomas, Idle, in Allandale town, to this crtnty. Ile had allowed his daughter to serve Mrs. Shaft° fur some time, but with the intention of having her soon bark again in his own ionise. Besides, being a poet- man, he was assisted by part of the wages which she received fur her service.— At the period at %hid) lie removed to Bishop Auckland, he wished to bring his tlaughtee 'clung with him, and was per suaded to leave leer only tillasskt May. At that date she was . in eircinotstaceen which disabled her to serve him. Tile de fendant began his rotirse of seduction by pros:live of marriage. Those promises she did not believe, but often repeated that they did affect leer sentiments and her conduct. You c.an conceive, gentlemen, how the solemn declarations of a man of the plaintiff's age, for lie is nest 50, of a man of hie profess ',ion, the son.in-law of her mistress, and at the very time in his onotherin-law's house—you can conceiveltow promises so made could gradually gain the consent, and excite the hopes of a simple and innocent girl. re made those promises e qiient enough and strong enough for his purposes, nit avoided to enter into .any covenant which could now subject him to an itetioa for treach of promise of marriage. Of this Mall kaowmothing but what I know of hint as the defendant :LI this case; and if I did, I should be sorry to glance at liar be yond the necessity of this ea s e. Atter certain familiarities bad taken place, he contrived to effect his object. Flow he did so, I abstain from detailing to you ;I dare say my !raid ed friend will, in cross-examination, lay enough of this be. fore you. She soon afterwards fouled herself• in a situation which obliged her to write to the defendant ; nut he no longer regarded her or her letters. It is consistent with our knowledge of human nature, anti perhaps with the experience litany of us must have had wish the world, that men, after a certain age, regard with loathing this victims of attempts which are aimed at their honour, and terminate in their ruin. She went to her father's house, tut her father being poor, and the parish olifseers inter feeiag to preventa linrden to the pariah, the child seas filiated, and the defendant itieensequencesave.a bond to the effect at I.e.st of IMCUI hug the parish from any expense. But to lice parents na conopensatien has been made. You uill , there fere, Gentleincii, take into your consideration what btlUl in dateagex should he given to the fattier. Were Ito ask a.l:at would be an adequate compensation to the fattier for the an - duction of kid Chad, I should ak a most foolish and vain question. No injury can be indicted upon a man tnore bitter and lasting, than the iujiny ieteirted on a parent Icy the *eduction of his daughter. .seduction of a wife is a most grievous injoiry, yet it is qualified by litany ci rctionstances. The loss of a wife subject to setiuctiaii cannot hemline cornpanied ait ti some alleviating consideration& ; but the in., _Hwy of a father by the seduction of his dangliteeste altogether nocauted and unalleviated. The object of oak affection, his THE NATIONAL RT±!GISTT.R. care, hie nrations 'solicitude, is deprived or all that is valuable, and ren•leied a disgrace and a burden ins teed of an ornament a joy. lam fed to 'iu•'erstaud that dm defendant is to attempt to destroy her c' aracter in e Nice to di mush his own mi•coialitet. if ar. ; tempt of this kind should be made, I hope volt 4%01 cousid, r it an aggravation, and treat it ac rd: ilifigiy. 'Nothing sarely cum he a;. regtet aggravation of the deorevi injury which cut be inflict ed upon a parent than to find the hoary ate! la bout-time sednct•tr.atlempting to prove the aufertittiate gir!'seliaraeter wen - 1111 , es-before he made it so. lam aware that use learned (ricer, v not give me another oPPortuitity of :Wilt essing you, and I therefore dwell the longer noon this subject. I hope tlic case will go Into your hands. Yon will consider that a girl preciously blamelesa, be. hived by her parent., and atfectlnnat•;ly contrihnting to their - support, was sedneed anti ruined ter the cloak of senctity, which has often, too often, been ❑sted to cover the whist of fzences, and this was done by a malt of considerable fertitne. You will consider Hie injury to the feelings of a patent, as well as the loss of service to the ma ster. Indeed I am eanrj dent, from the elterietcr of the gentlemen whom I address, that they will view this ease as I view it, anti consider it one of the utast aggravated eases of seduction that can be laid before n jury. Elizabeth Carr was called into the box, and examined by Sergeant Hullock•--She a every simple, modest-looking, and rather interesting young wornam She said she was is s•ears of age when she went to Mrs. Shrtho's house. That was in i lay, 1415. Her father went from A Ilandale-to wn to Bishop-Auckland at Martinmas, 1816. She knew the defendant. His vdrie had been dead half a year when she became acquainted with him. He lived at IValiviek Hall. lie visited often at !Wm. Shafto's. Ile had three children, the youngest then about hell a year old. lie often came to the house wit n her mistress was front home, and stayed in the house making love to her, Between Mortirarea :lad Christmas, 1816, he came with his whole family and guyed some days. He had with hint his cliildren, two wo•.ncu screauts and two &lieu servants Being pressed to etate some particular expressima he had used, she said that he bad often declared that they (defendant anti witness) should never be happy till they were married. One day when sitting together she moved to go On bearing one of the servants comMg; he said there was a day coming when they would not be effete who saw theta. ilcifore he had come with his family, he had always been twice in the week at the house, ollen more :requently. Her mistress was ofteu from home a week or Lin days. His virits were more frequent in her absence. She had a male child horn on the 2d of September, 1817. The first tines that he It.ai been too intimate with her was when he broaght his family to her mistress's brtween Martinmas and Christmas. 1816. Her mother had btea seign;; liar the day that they rernaveil to Bishop-Auckland. It was then settled that she was to go to her father's in May. mat it was her duration to do so. During the time she had been dale she let her father and mother have part of her wages. She had sent souse money to her father and given him anise. It was part of her wages. She did not leave on the lit of May. She had not given notice. She left on the Ist of June... Atoll because she was not able to serve longer. She wrote to the defen•lant the day before she left ; she get ho answer. She was obliged to leave her father's house and to go back to liesham by time pariahs:them. She lived fox 6or 7 weeks with her aunt. She was delivered at Mary Nical's, in Realism. Dr. Jet% ferson delivered her. _ She was cross-examined by Mr. Topping at great length, as to the names and characters of All the servants. particularly the men ser vants in the house. It turned out. however, that the latter were married men, and had their wives in Ilexham. All the minute cir cumstances of her ruin wer. called forth,but they admitted not of de scription. It was in his bed room, when she had gone by her mis tress's order to light his fire.. that the seduction was completed. The letter was all her own. None assisted her either in writing or dictat ing. Sire fairly and readily gave a si.nple negative to every question as to any other man using liberties with her. She had not gone from Bishop•Au:ltland to Flexham in a post chaise. She knew Mr. Bates. The gentleman pointed out was lie Ile was a gentleman. &at what is his employment ?-11e is a fanner, I believe. Is he note preacher too ?—I never heard him preach. Were you never in a post-chaise with him ?—No, never, sir. She had 51. fur the first year, and Ed. for the second. She bad given no notice of quitting. Thomas Pattisaii, butler to Mrs. Shafto, is a married man, has a rife and family in Hcxham. Ile by accident observed the defen dant and Elizabeth Carr in thedining-ruom together. The shutters were on the outside; they had not beenfastened back, and the wind had driven them to: he went to opca them, and observed the defendant having hold of her round the neck, and her band in his other hand. lie never mentioned this. Ile thought it improper. but apprehended nothing stick as had happened. He never knew any thing incorrect in her viaduct. On his cross-examination he stated, that he was still in Mrs. Shafto's service, and he hoped in her confidence. lie had not men tioned what ha saw till after the bad consequences were known, he never till then suspected any thing criuunol. Ile ne%er in word, look, or gesture, took any liberty with her. lie never kia.ed her in his life. Here the plaintiff's case v«s dosed. r.Tlppitig now ()bed Oa! vie ction could rot be maintained - . Elizabeth Carr had Leen regularly in 3ervice with Mrs. Sharto ; and whatever Mrs. Mafia might do, her father could not pretend to have lost her servieu. He cited several c..ses in support of this objeztloa. Mr. Baron Wootl.—l am of opir.ion that most undoubtedly tins action cannot be legally maintained. The loss of service is indispen sable to it. In :his case, the daughter had served for two years. and was in fact entered noon, the third year's service. lam sorry for it, but the actica cannot b., maintained. _ _ Mr. Sculett.-1 certainly cannot oppose the doctrine laid down by your Lordship. Nonsuit. CROWN SIDE. Mararet Smith, aged 43, was tried for the murder of her male bastard child on the 4th of June. She lived with her latlter ii a cottage at earhr.:n. That she had been delivered of a child, was proved; and two atirgeJas gave it as their opinion that the chttl harrbeen alive at its birth, and ha:l come to a violent doi,;ned death. . Mr. Justice Bayley summed up at *very great length, and with a manifest anxiety to have the prisoner acquitted. The testimony of the surgeons - was but the inclirattion of their judgment. When foil evideoc.! of guilt came before them, they wo.ild look it in the face, and however distressfully and rclivtantly, they would perform their duty. But if, where there was any doubt, they returned a verdict of guilty, it might embitter the last ini:ncati of tiitir life. Verdict— N o t Guilty. Mr. Justice Bayley—Yon '.:tve given a very right verdict, for t haws very great doubts of the prisoner's guilt. She was immviiattly discharged. James Ilindaugh and John Bambrough were then placed at the bar to receive sentence of death. Both, toast widely different in age, trmbled and cried for intrcy in the tuo.t piteous manner. tits Lordship, with Ilia usual solemnity, thus addressed them : Yon, James Ilintlaugh, kland there, at toe age of 21, to receive sentence of death. Prisoner—O, mercy, my Lord ! Mercy, mercy, my Lord ! Judge.—Do not interrupt me.-41'hc jury, who found you guilty. anti the prosecutor %morn yoti robbed, stiongly rceruninandisi you to incrcy, and your aentence will be very greatly mitigated. !.et that mitigation excite your gratitude, and confirm your penitence. While 'you in sccrecrinal darkness performed the wicked act which has brought you into your present situation, you knew riot that you left in the lock which you picked the means of your conviction. You be lieved the pieklnck to he entire. Yet the point which was then broken off, Bashed convictioi. en every mind. it was the voice of 2.:*5 God warning you and all to beware of deee'l of iniquity and darkness. Your friends are highly respectable ; you btipporte,l yourself by your own honest indastry. None could Kohl In head higher than 'you once could do. Mark your altered condition. Your friends are bowed to the earth with shame ; their hearts are harrowed up with pain for you. As to yourself, you may yet recover almost what youhayg lost. It will require your utmost care and perseverance. I.et it IM seen by your future conduct. that you possess the feelings which arc new supposed to fill your heart with penitence and gratitude. Vou. John Thunhrough, are far advanced in life, and stand with hoary hairs waiting a sentence of death. Prisoner.—Oh, my ;Lair .Lord, Mercy ! Mercy, mercy, my dear- Lord, Judge.—Do not an interrupt me. The sentence that is to be pasted on you will nut he carried into execution. It will be miti gated so tar as I can feel entitled to recommend its mitigation. You nov.• a wife a numerous What an example you love hen laying before them in your old age ! Make good use of the indul eence that rill be shown to you. Remember that thireis an eye that teeth in darkness, that has now exposed you baure men, and that will hereafter call,!. on to nefoubt f .11 your deeds ! Re pent; make your peace with God, and prove your sincerity by your future conduct ! sentence of daath was then pmnounrcd. Both prisoners bowed. at if insensibly. st ith the utmost reverent!' towards his Lorothip. The business of this Court ended. FOLIC E.. BOw Fruert. .13 I . T uesday Mr. a man and hls two sons, and tho hired liishinen, who forcibly tout possession of M.. Freeman's house on Clielsea.common, and threw two children oat of thin window, s:c. underwent ail:idler examination before Mr. Mimic. Mr. Freeman the ',minor(' attended, with his head lied um. 1k ideutitied the prisoners, who were ordered to find hail, or be committed u n the charge. George Layton underwent a second examination, havin7, lieen detected in roblun4 Halyland'o caffeediouse, in the Strand. He was roily committed trial. Willi a m Wilk,. and Maria his wife were charzeil witb tit tering two forged cue pound 'lank !totes, one on FL Islay aod the other 011 Sll4ll.4iliy to Mr. VAClitille tiviltalice, a grocer, in Clare -street, in the porchnse of several articles of grocery, well knowing them to be forged. The prisoners were committed for tr. al. James Hughes was broaght before Sir Wa:baniel Conant, upon the following charge made by Colonel Douglas, one of the Sub-:•um• init!..:e of Draty-lane managementi—Th..: I ,ubtic will have betm ap priae•t than great difference of opinion prevails bctweeu the Sa ran/mince and a clnsiderable majority of the proprietor. of the theatre; and they may remember also, twat at a gem•ral nieeting, on the 28th July, it was resolved amongst other matters, " that Geo:gaCulealan, Esq. be anointed =age .m.anager without canttclr. that the members now remuning in fat! Sub-coannittee except Lor.! Yarmouth) were declared utterly mid that the cheats.! should not be again opened, natal the efaims of the creditors were. satisfactorily arranged." Yet in the face of Clare proceedings Sab-Co.nmittee hate engaged Mr. Stephen Kemble as their stag manager, and arc in treaty with performers anti a view to open tr.e thcatre.at the usual period. In consequence of this step, the Spe:ia: Committee tlicught it right to guard the actors from making eneag!.. ments with the Sub.comtnittee, which they are inn-sanded cannot be yak I ; therefore they caned• placard to he placed contiguous to the stage door of Drury-lane theatre, containing the words of the ad sa.aisement which has been publ:slted in different pares. • Whereupon Colonel Douglas " one of. the Sub-committee who has not yet _resigned," ordered die memirato custody, and wr.at him self to make good the charge c.f& libel. The Magistrate observed, he had carefully looked at the printed paper, and he confessed he could discover ucthing lihellous in it; but he added, if be could have taken a naistalcen: view of the CLISC, he saw affixed to it the none of Mr. George Robins, and he knew enough of that gentleman to be rugged he would never disavow any thing that had his name attached to it ; :tad be accordingly discharged the man. immediately. An attempt was afterwards made by another member or the Sub committee, to make it appear as a breach of the peace. I upon Maids the worthy Magistrate observed, the managers rah:mated the wows sort of breach every day, by putting forth their oast play t 4114. HATTON GARDEN. Elizabeth Meredith and Sarah Fletcher were examined on the following charge: The former prisoner lived cook in the family of James Armitage, Esq.,6, Brunswick square; the servants were always allowed plenty of provisions ; bat it reaching their master siiirlmLiticss's ears that they were kept rather on short allowance, suspicion tell on the cook. Her master caused her to be watched, and by that tit'. ans aseer taineci that. it Was her invatiable practice eve' y night, be tween Sand 10 o'clock, to band a small baud-'nisket over area-gate to the prisoner Fletcher. In consequence uf this. discovery, Mr. Armitage employed William Itt-4,1, jun. to watch, whilst he himself stood at one of the parieur-w tudaw in which there was no light. A little before 10 o'clipek Monday night, as the prisoner Met was its the act of handing a small basket, according to her umal etistotn, over the area-gate to the prisoner Fietcher, the officer tuuk the latter into custody, and nit seat citing the basket it nas; to contain a flesh half-quertern koat nliCtlt, t part of is boiled,lcg of mutton, and some cold potatoes. Mt. Armitage cll.:: nut wish to peust.citte them criminally, but the MaOshawa over-ruled every objaetion lie made, and ittsistrd on his prosecuting bolt, 411 an example to Pt:l V:Ant:•—Tbe prisoners %vete committed to Newsate tar trial. I.ist week, at Darhim, as the prisoners were returning to ga( I , alter leeeivtne their sentences, Joint Platt, a )(wog man ":.t yea's of age, (sentenced to transportation fur 7 ve;irs.:! stithienly threw ott and ran away front Vie eo“s nib WiIOSC charge he then )vas, near El% et-in Antianch flee alarm was instantly given, lie ran through the mark , .l.l)lace, which was wucli ccowtled %WI people, and gut ciear off. _ _ la Sancta, one of the Orkncy.lslands, the sand has been . ktely WO all away to the depth .ut . nearly s&) fort, ;ma 11;16 dis covered the rennin's of building, of vast antiquit, vitelosett by stone walls nearly half. a. Male in exteui ; solar vi thy houses nit! very t.uge,an.l. ronfed with moues otai T., oil' gio There are several circular t li, each.contaitiing tb,as graves, none of which are mote than, 4 feet 5 iticlivb long, 'there is not the slightest Ira:Wm!' that can throw any light 00 those very uttcreahngundcurroua reigniting, which have yet been very slightly investigateri. 'e-c3tut, Cursitor strTeeut.emiCha" morning ncery-laie t , h ir e a l s le t ig h lb ro l : u n. r n °ca to g o r f ra T t m ala k r c m by shrieks and cries (coin the house of,* Mr. Skarn. in 'Cooke's-court. This was upon discovering that that gentle man, who is stated tube all atturisc) had precipitated hinisell from the garret wii,dow of his o•Nb 1:01ISt! min the ba , k yard. Ills head s,r;ielt against n wooden r ail, which completely opened his skull, and cYatera his brains and Wood about the place. causing his instant death. His wife was, it seems, preparing to walk out with the (tete:red. Fire went down stairs to bring him a clean cravat, when he went up , o the attic, and, to her surprise, committed the rash act. Ile has left, betides his wife, family of six or eight children.